Report on DOT Significant Rulemakings

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Office of the Secretary
Office of the Secretary
70.	Accessibility of Passenger Vessels to Individuals with Disabilities Green
Popular Title: Accessibility-passenger vessels
RIN 2105-AB87
Stage: ANPRM
Previous Stage:None
Abstract: The Department's Americans with Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels involves complex issues unlike those affecting land transportation. This rulemaking would address these issues and propose feasible requirements to make passenger vessels accessible to, and usable by, individuals with disabilities. Timing of this rulemaking is dependent on action by the Architectural and Transportation Barriers Compliance Board (Access Board) to adopt accessibility guidelines for passenger vessels. The Access Board plans to publish an ANPRM and Notice of Availability in the summer of 2004. DOT is preparing a concurrent ANPRM.
Effects:   Federalism
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 07/26/1990
Dates for ANPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 07/30/2004      To OMB 08/20/2004      OMB Clearance 09/13/2004  09/03/2004    Publication Date 09/22/2004  09/07/2004    End of Comment Period 12/21/2004  11/30/2004
Explanation for any delay: N/A
Federal Register Citation for ANPRM: None

Office of the Secretary
71.	Domestic Passenger Manifest Information Yellow
Popular Title: Domestic Passenger Manifest
RIN 2105-AC62
Stage: Withdrawal
Previous Stage: ANPRM: Publication Date 03/13/1997; End of Comment Period 05/12/1997; Comment Period Reopened 05/30/1997; End of Reopened Comment Period 06/20/1997.
Abstract: This rulemaking requested information concerning operational and cost issues related to U.S. air carriers collecting basic information (e.g., full name, date of birth and/or social security number, emergency contact and telephone number) from passengers traveling on flights within the United States. This rulemaking responds to difficulties with notification in the aftermath of domestic aviation crashes, would implement new requirements for family assistance, and would fulfill a recommendation contained in the final report of the White House Commission on Aviation Safety and Security that urges the Department to explore immediately the costs and effects of a comprehensive passenger manifest requirement on the domestic aviation system. This rulemaking will be withdrawn because the problem that the rulemaking was designed to address no longer exists.
Effects:   Economically Significant Major Unfunded Mandate Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 10/01/1996
Dates for Withdrawal: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 05/03/2004    05/12/2004  Publication Approved 05/25/2004    06/26/2004  Publication Date 06/01/2004  07/12/2004
Explanation for any delay: N/A
Federal Register Citation for Withdrawal: None

Office of the Secretary
72.	Aviation Data Requirements Review and Modernization Program Red
Popular Title: Aviation Data
RIN 2105-AC71
Stage: NPRM
Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply Comment Period 10/13/1998.
Abstract: This rulemaking requested public comments from reporting carriers and aviation data users on the nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial data. Specifically, it invited comments on whether existing airline traffic, fare, and financial data should be amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or eliminated; whether the Department should require all aviation data to be filed electronically; and how the aviation data system should be reengineered to enhance efficiency and to reduce costs for both the Department and the airline industry.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/15/1998
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 01/30/2004  05/31/2004  05/31/2004  Returned to Mode     06/15/2004  Resubmitted to OST/2   07/12/2004    To OMB 03/04/2004  08/12/2004    OMB Clearance 06/04/2004  11/12/2004    Publication Date 06/12/2004  11/19/2004    End of Comment Period 08/12/2004  01/19/2005
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None

Office of the Secretary
73.	Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations Green
Popular Title: Uniform Administrative Requirements
RIN 2105-AC83
Stage: Final Rule
Previous Stage: Interim Final Rule: Publication Date 03/16/2000; End of Comment Period 05/15/2000.
Abstract: This rulemaking action implemented changes to OMB Circular A-110 that were issued by OMB on October 8, 1999, providing uniform guidance for administering grants to institutions of higher education, hospitals, and other nonprofit organizations. The change provides guidance on making data produced under awards available to the public. The regulation is essentially a word-for-word issuance of the requirements in OMB Circular A-110. An Interim Final Rule was issued because of the limited ability to change the requirements from those in the Circular. We are awaiting guidance from OMB as to what, if any, changes are needed in the government-wide common final rule. The Department of Transportation has written to urge OMB to expedite production of guidance on this subject.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 12/01/1999
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 07/01/2004    06/27/2004  To OMB 08/02/2004      OMB Clearance 11/02/2004      Publication Date 11/09/2004      End of Comment Period 01/09/2005
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None

Office of the Secretary
74.	Nondiscrimination on the Basis of Disability in Air Travel Green
Popular Title: ACAA - Foreign Carriers
RIN 2105-AC97
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would add coverage under the Air Carrier Access Act to foreign air carriers and comprehensively update and revise 14 CFR Part 382. It would also clarify or propose new provisions in such areas as movable aisle armrests, preboarding announcements, and accessibility of carrier web sites. This rulemaking has been upgraded to significant.
Effects:   None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 04/05/2000
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 04/26/2004    04/26/2004  To OMB 06/15/2004  06/25/2004  06/28/2004  OMB Clearance 09/15/2004  09/28/2004    Publication Date 09/22/2004  10/07/2004    End of Comment Period 11/22/2004  01/07/2005
Explanation for any delay: N/A
Federal Register Citation for NPRM: None

Office of the Secretary
75.	Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues Black
Popular Title: Fitness
RIN 2105-AD25
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 7/30/03; End of Comment Period 9/29/03.
Abstract: In response to a report by the Inspector General of the Department of Transportation, the Department is asking for comments on two issues relating to air carrier continuing fitness determinations involving citizenship issues. First, the Inspector General identified a list of criteria the Department typically uses to determine actual control of an air carrier when evaluating the citizenship of an air carrier during a continuing fitness review. The Department is seeking comment on whether there are any other factors or criteria the Department routinely considers in its evaluations that should be added to this list. Second, the Department seeks comments on the need for a regulatory change to the requirements of 14 CFR part 204 applicable to certificated and commuter air carriers proposing to undergo a substantial change in operations, ownership, or management that may impact their U.S. citizenship status. The Inspector General found that the Department's informal process is not well-suited to complex, contentious, and controversial cases involving citizenship determinations and suggested that the Department allow greater transparency and public participation in such matters, including public notice when such a review is initiated and completed, as well as public access to information filed with the Department during such reviews. There is no next stage at this point because OST is currently reviewing filed comments. The Department is considering what, if any, additional action to take in this rulemaking.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/13/2003
Dates for Undetermined: Milestone Originally Scheduled Date New Projected Date Actual Date To OST       To OMB       OMB Clearance       Publication Date       End of Comment Period
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None

Office of the Secretary
76.	Protection of Sensitive Security Information (SSI) Red
Popular Title: SSI
RIN 2105-AD33
Stage: Interim Final Rule
Previous Stage:None
Abstract: This rulemaking would protect the confidentiality of SSI relating to maritime security measures adopted by the Coast Guard under the Maritime Transportation Security Act. The rule would prohibit unauthorized disclosures and impose civil penalties for violations. Under the rule, the Transportation Security Administration designates what information is SSI. TSA handled clearance of this rulemaking at OMB under RIN 1652-AA08.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/02/2002
Dates for Interim Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 06/25/2003    06/25/2003  Approved by S-1     11/14/2003  Publication Date 07/29/2003  05/14/2004  05/18/2004  End of Comment Period 09/30/2003  07/14/2004  07/19/2004
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Interim Final Rule: 69 FR 28066

Office of the Secretary
77.	Petition of the National Air Carrier Association for Rulemaking Green
Popular Title: NACA Petition for Rulemaking
RIN 2105-AD38
Stage: NPRM
Previous Stage:None
Abstract: The Department seeks comment on a proposal to revise its rules on charter operations. This proposal arises from a petition filed by the National Air Carrier Association (NACA). NACA seeks to make changes to the definitions and standards the Department uses to determine whether to grant or deny foreign air carrier requests to conduct certain types of international charter flights in 14 CFR Part 212. The Department grants NACA's petition, and proposes to make some, but not all of the changes sought by NACA. The Department proposes to make revisions to definitions in Part 212 relating to charter types, and to modify the Department's current charter application form so as to require updated reciprocity information as well as numbers of U.S.-homeland services vs. U.S.-non-homeland services. The Department does not anticipate adopting NACA's requests to impose a reciprocity standard that ensures substantially equivalent opportunities for U.S. carriers in the homeland of the applicant, or to accord U.S. carriers a right of first refusal over foreign carrier requests to conduct certain U.S.-originating charter operations. At the request of OMB, this rulemaking has been reclassified as significant.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/21/2002
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 04/19/2004    04/19/2004  Returned to Mode     05/03/2004  Resubmitted to OST/2     06/21/2004  Returned to Mode/2     07/02/2004  To OMB 07/26/2004      OMB Clearance 10/26/2004      Publication Date 11/02/2004      End of Comment Period 01/03/2005
Explanation for any delay: N/A
Federal Register Citation for NPRM: None

Office of the Secretary
78.	Navigation of Foreign Civil Aircraft within the United States (14 CFR Part 375) Yellow
Popular Title: Foreign Civil Aircraft
RIN 2105-AD39
Stage: NPRM
Previous Stage:None
Abstract: Part 375 of the Department's regulations, 14 CFR Part 375 provides for the operation in the United States of foreign civil aircraft that are not engaged in common carriage. Persons or entities seeking to operate foreign civil aircraft within the United States involving the carriage of persons, property and mail for remuneration or hire must obtain a foreign aircraft permit from the Department under that Part. On May 16, 2003, the National Business Aircraft Association (NBAA), a trade association that represents many business aircraft operators throughout the United States, wrote to the Department requesting a policy determination that certain types of operations that its representative companies might perform using U.S.-registered foreign civil aircraft (such as carriage of a company's own officials and guests, or aircraft time-sharing, interchange or joint ownership arrangements between companies) do not, in fact, constitute operations for remuneration or hire within the meaning of Part 375. The NBAA noted that a favorable response would eliminate the need for the companies involved to secure a permit for such operations. This rulemaking would amend 14 CFR Part 375 to clarify those circumstances under which companies operating U.S.-registered foreign civil aircraft are not deemed to be involved in air commerce for remuneration or hire and, therefore, are not required under Part 375 to obtain a foreign aircraft permit. At the request of OMB, this rulemaking has been reclassified as significant.
Effects:   None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/16/2003
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 03/22/2004    03/29/2004  Returned to Mode     06/15/2004  Resubmitted to OST   07/02/2004  06/30/2004  To OMB 05/26/2004  07/30/2004    OMB Clearance 08/26/2004  11/01/2004    Publication Date 09/09/2004  11/08/2004    End of Comment Period 11/10/2004  01/10/2005
Explanation for any delay: N/A
Federal Register Citation for NPRM: None