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_______________________________________________________________________

Part XIV





Department of Transportation





_______________________________________________________________________



Semiannual Regulatory Agenda


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DEPARTMENT OF TRANSPORTATION (DOT)                                     
  
  
_______________________________________________________________________
  

 
DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

49 CFR Subtitle A, Chs. I-VI

[OST Docket No. 59; Notice 94-12]

Department Regulatory Plan and Semiannual Regulatory Agenda

AGENCY: Office of the Secretary, DOT.

ACTION: Department regulatory plan and regulations agenda.

_______________________________________________________________________

SUMMARY: The regulations agenda is a semiannual summary of all current 
and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department. The agenda provides the public 
with information about the Department of Transportation's regulatory 
activity. It is expected that this information will enable the public 
to be more aware of and allow it to more effectively participate in the 
Department's regulatory activity. The public is also invited to submit 
comments to continuously open regulatory review dockets, suggesting 
items for consideration as part of the Department's ongoing review of 
existing regulations.

ADDRESSES: The mailing address for the initiating offices of the 
Department which appear in the agenda is 400 7th Street SW., 
Washington, DC 20590; except for the Federal Aviation Administration, 
which is located at 800 Independence Avenue SW., Washington, DC 20591, 
and the U.S. Coast Guard, which is located at 2100 2nd Street SW., 
Washington, DC 20593.

FOR FURTHER INFORMATION CONTACT:

General

    For further information on the agenda in general, contact: Neil 
R. Eisner, Assistant General Counsel for Regulation and 
Enforcement, Department of Transportation, 400 7th Street SW., 
Washington, DC 20590, (202) 366-4723.

Specific

    For further information about any particular item on the 
agenda, contact the individual listed in the column headed ``Agency 
Contact'' for that item.

_______________________________________________________________________

Table of Contents

Supplementary Information:

Background
Regulatory Flexibility Act
Economic Assessment/Evaluation
Definitions
Office of Management and Budget (OMB)/Secretarial Review
Explanation of Information on the Agenda
Mailing Lists for Regulatory Documents
General Rulemaking Contact Persons
Public Rulemaking Dockets
Request for Comments
Purpose
Appendix A - Instructions for Obtaining

Copies of Regulatory Documents


Appendix B - General Rulemaking Contact Persons
Appendix C - Public Rulemaking Dockets

Agenda

_______________________________________________________________________

SUPPLEMENTARY INFORMATION:

Background

    Improvement of Government regulations is a prime goal of the 
Clinton Administration. There should be no more regulations than 
necessary, and those that are issued should be simpler, more 
comprehensible, and less burdensome. Regulations should not be 
issued without appropriate involvement of the public; once issued, 
they should be periodically reviewed and revised, as needed, to 
assure that they continue to meet the needs for which they 
originally were designed.

    To help the Department of Transportation (Department) achieve 
these goals and in accordance with Executive Order 12866 
``Regulatory Planning and Review'' (58 FR 51735; October 4, 1993) 
and the Department's Regulatory Policies and Procedures (44 FR 
11034; February 26, 1979), the Department prepares a semiannual 
regulations agenda for publication in the Federal Register. The 
agenda summarizes all current and projected rulemaking, reviews of 
existing regulations, and completed actions of the Department. 
These are matters on which action has begun or is projected during 
the succeeding 12 months or such longer period as may be 
anticipated or for which action has been completed since the last 
agenda.

    The agendas are based on reports submitted by the initiating 
offices in January and July each year. After these reports are 
consolidated for and reviewed by the Department Regulations 
Council, the Department's regulations agenda is prepared and 
published in the Federal Register. The Department's last agenda was 
published in the Federal Register on April 25, 1994 (59 FR 20662). 
The next one is scheduled for publication in the Federal Register 
in April 1995.

    For this edition of the Department's regulatory agenda, the 
most important significant regulatory actions are included in The 
Regulatory Plan, which appears in Part II of this issue of the 
Federal Register. The Regulatory Plan entries are listed in the 
Table of Contents below and are denoted by a bracketed bold 
reference, which directs the reader to the appropriate Sequence 
Number in Part II. The Regulatory Plan will be included only in the 
October publications of the Agenda. In the April publications, 
those entries included within the Plan in October will instead be 
included within the Agenda.

Regulatory Flexibility Act

    In 1980, Congress passed the Regulatory Flexibility Act (RFA), 
Public Law 96-354, which requires the designation of those 
regulations for which a Regulatory Flexibility Analysis will be 
prepared; i.e., those regulations that would have a significant 
economic impact on a substantial number of small entities. A 
Regulatory Flexibility Analysis is required for a rulemaking which, 
in the heading ``Small Entities Affected,'' indicates an effect on 
small businesses, governmental jurisdictions, or organizations. If 
a Regulatory Flexibility Analysis will be prepared for a particular 
rulemaking, that fact also will be noted under the heading 
``Analysis.''

    The RFA also requires that, each year, the Department publish a 
list of those regulations that have a significant economic impact 
on a substantial number of small entities and are to be reviewed 
under the Act during the succeeding 12 months. The agenda includes 
those regulations to be reviewed under the RFA or those for which 
review has been concluded since the last agenda. However, it should 
be noted that, after a preliminary assessment of the regulations 
listed for RFA review, it may be found that the regulations, in 
fact, do not have a significant economic impact on a substantial 
number of small entities, and a full RFA review will be 
unnecessary.

Economic Assessment/Evaluation

    DOT requires an economic analysis for all its rulemakings. A 
preliminary and final economic assessment (similar to what used to 
be identified as a ``Regulatory Impact Analysis'') is required for 
each proposed and final regulation, respectively, that is likely to 
be very costly. For other rulemakings, a regulatory evaluation is 
prepared.

Definitions

    The agenda covers all rules and regulations of the Department, 
including those that establish conditions for financial assistance. 
The following definitions are provided for ease in understanding 
the information in this document.

    Initiating office means an operating administration or other 
organizational element within the Department that formulates 
regulations.

    Significant rulemaking means a rulemaking that is very costly, 
controversial, or of substantial public interest; would have a 
major impact on another Federal agency; would have a substantial 
effect on State and/or local or tribal governments; would have a 
substantial impact on a major transportation safety problem; would 
initiate a substantial regulatory program or change in policy; 
would be substantially different from international requirements or 
standards; would materially alter budgetary impacts; or otherwise 
involves important legal or policy issues.

Office of Management and Budget (OMB)/Secretarial Review

    Any rulemaking document OMB identifies as significant is 
subject to its review and will be classified as significant by DOT. 
A few rulemakings identified as significant by DOT, but not by OMB, 
and some rulemaking documents (e.g., extensions of compliance 
dates), although part of an otherwise significant rulemaking, are 
not subject to OMB review. All DOT-significant rulemaking documents 
are subject to review by the Secretary of Transportation.

Explanation of Information on the Agenda

    The format for this agenda is required by Office of Management 
and Budget memorandum of June 8, 1994.

    First, the agenda is divided by initiating offices. Then, in 
accordance with the OMB memorandum, for each initiating office, the 
agenda is divided into four categories: (1) Prerule stage, (2) 
proposed rule stage, (3) final rule stage, and (4) completed 
actions. For each entry, the agenda provides the following 
information: (1) The ``significance'' of the action; (2) a short 
descriptive title; (3) the legal basis for the action being taken 
or the regulation being reviewed (On July 5, 1994, Public Law 103-
272 recodified title 49 to include certain general and permanent 
laws. Because of the contraints of publication deadlines, the 
revised United States Code citations may not be reflected in this 
edition of the agenda. They will be revised, where necessary, in 
subsequent editions.); (4) the related regulatory citation in the 
Code of Federal Regulations; (5) an indication of any legal 
deadline and, if so, for what type of action (e.g., NPRM, final 
rule); (6) an abstract of the review or the proposed or final 
regulation; (7) a timetable, including the earliest expected date 
for a decision, on whether to issue the proposed or final 
regulation or complete the review and determine the corrective 
action to be taken. (The action taken can be revocation or revision 
of the regulation, or it can be a determination that no regulatory 
action is necessary because the regulation is found to be achieving 
its goals and the goals and objectives of Executive Order 12866 and 
the Department's Regulatory Policies and Procedures.); (8) an 
indication as to whether the rulemaking will affect small entities 
and/or levels of government and which categories of small entities 
or governments will be impacted; (9) if there is information that 
does not fit in the other categories, it will be included under a 
separate heading entitled ``Additional Information'' (which will 
also note any differences between OMB's and DOT's significance 
classification); (10) a listing, where determined, of any analyses 
an initiating office will prepare or has prepared for the 
rulemaking document; e.g., an Economic Assessment, an Environmental 
Impact Statement (EIS), or a Regulatory Flexibility Analysis; (11) 
an agency contact office or official who can provide further 
information, including advice on how to obtain documents referenced 
in the agenda; and (12) a Regulation Identifier Number (RIN) 
assigned to identify an individual rulemaking in the agenda and 
facilitate tracing further action on the issue in the Federal 
Register which may occur between agenda publications. (Departmental 
rulemaking documents published in the Federal Register now contain 
RIN numbers.)

    For nonsignificant regulations issued routinely and frequently 
as a part of an established body of technical requirements (such as 
the Federal Aviation Administration's Airspace Rules), to keep 
those requirements operationally current, only the general category 
of the regulations, the identity of a contact office or official, 
and an indication of the expected number of regulations are 
included; individual regulations are not listed.

    If a regulatory docket number has already been established, it 
may be provided under the ``Additional Information'' heading. If a 
member of the public desires further information regarding a 
particular proposal or regulation, reference should be made to this 
docket number.

    In the ``Timetable'' column, abbreviations are used to indicate 
the particular documents being considered for issuance by that 
date. ANPRM stands for Advance Notice of Proposed Rulemaking, SNPRM 
for Supplemental Notice of Proposed Rulemaking, NPRM for Notice of 
Proposed Rulemaking, and FR for Final Rule. Listing a future date 
in this column is not an indication that a proposed or a final rule 

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