DEPARTMENT OF TRANSPORTATION (DOT) 

Introduction: Department Overview and Summary of Regulatory Priorities 

 The Department of Transportation (DOT) consists of 10 operating administrations and the 

Office of the Secretary, each of which has statutory responsibility for a wide range of regulations. 

DOT regulates safety in the aviation, motor carrier, railroad, motor vehicle, commercial space, 

and pipeline transportation areas. DOT also regulates aviation consumer and economic issues 

and provides financial assistance for programs involving highways, airports, public transportation, 

the maritime industry, railroads, and motor vehicle safety. The Department writes regulations to 

carry out a variety of statutes ranging from the Americans With Disabilities Act to the Uniform 

Time Act. Finally, DOT develops and implements a wide range of regulations that govern internal 

programs such as acquisitions and grants, access for the disabled, environmental protection, 

energy conservation, information technology, occupational safety and health, property asset 

management, seismic safety, and the use of aircraft and vehicles. 

The Department’s Regulatory Priorities 

 The Department’s regulatory priorities respond to the challenges and opportunities we face. 

Our mission generally is as follows: 

The national objectives of general welfare, economic growth and stability, and the security of 

the United States require the development of transportation policies and programs that 

contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost 

consistent with those and other national objectives, including the efficient use and 

conservation of the resources of the United States. 

To help us achieve our mission, we have five strategic goals: 

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 Safety: Improve public health and safety by reducing transportation-related fatalities and 

injuries. 

 State of Good Repair: Ensure the U.S. proactively maintains its critical transportation 

infrastructure in a state of good repair. 

 Economic Competitiveness: Promote transportation policies and investments that bring 

lasting and equitable economic benefits to the Nation and its citizens. 

 Livable Communities: Foster livable communities through place-based policies and 

investments that increase transportation choices and access to transportation services. 

 Environmental Sustainability: Advance environmentally sustainable policies and investments 

that reduce carbon and other harmful emissions from transportation sources. 

In identifying our regulatory priorities for the next year, the Department considered its mission 

and goals and focused on a number of factors, including the following: 

 The relative risk being addressed 

 Requirements imposed by statute or other law 

 Actions on the National Transportation Safety Board “Most Wanted List” 

 The costs and benefits of the regulations 

 The advantages of nonregulatory alternatives 

 Opportunities for deregulatory action 

 The enforceability of any rule, including the effect on agency resources 

This regulatory plan identifies the Department’s regulatory priorities—the 16 pending 

rulemakings chosen from among the dozens of significant rulemakings listed in the Department’s 

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broader regulatory agenda that the Department believes will merit special attention in the 

upcoming year. The rules included in the regulatory plan embody the Department’s focus on our 

strategic goals. 

The regulatory plan reflects the Department’s primary focus on safety—a focus that extends 

across several modes of transportation. For example: 

 The Federal Aviation Administration (FAA) will continue its efforts to implement safety 

management systems. 

 The Federal Motor Carrier Safety Administration (FMCSA) continues its work to strengthen 

the requirements for Electronic On-Board Recorders. 

 The FMCSA will continue its work to revise motor carrier safety fitness procedures. 

 The National Highway Traffic Safety Administration (NHTSA) will continue its rulemaking to 

reduce death and injury resulting from incidents involving motorcoaches. 

We are taking actions to address other important issues. For example: 

 The NHTSA is engaged in a major rulemaking to address fuel economy standards for 

passenger cars and light trucks. 

 The Office of the Secretary of Transportation (OST) remains focused on aviation consumer 

rulemaking designed to further safeguard the interests of consumers flying the Nation’s skies. 

Each of the rulemakings in the regulatory plan is described below in detail. In order to place 

them in context, we first review the Department’s regulatory philosophy and our initiatives to 

educate and inform the public about transportation safety issues. We then describe the role of 

the Department’s regulatory process and other important regulatory initiatives of OST and of each 

of the Department’s components. Since each transportation “mode” within the Department has 

its own area of focus, we summarize the regulatory priorities of each mode and of OST, which 

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supervises and coordinates modal initiatives and has its own regulatory responsibilities, such as 

consumer protection in the aviation industry. 

The Department’s Regulatory Philosophy and Initiatives 

The Department has adopted a regulatory philosophy that applies to all its rulemaking 

activities. This philosophy is articulated as follows: DOT regulations must be clear, simple, 

timely, fair, reasonable, and necessary. They will be issued only after an appropriate opportunity 

for public comment, which must provide an equal chance for all affected interests to participate, 

and after appropriate consultation with other governmental entities. The Department will fully 

consider the comments received. It will assess the risks addressed by the rules and their costs 

and benefits, including the cumulative effects. The Department will consider appropriate 

alternatives, including nonregulatory approaches. It will also make every effort to ensure that 

regulation does not impose unreasonable mandates. 

The Department stresses the importance of conducting high-quality rulemakings in a timely 

manner and reducing the number of old rulemakings. To implement this, the Department has 

required the following actions: (1) Regular meetings of senior DOT officials to ensure effective 

policy leadership and timely decisions, (2) effective tracking and coordination of rulemakings, (3) 

regular reporting, (4) early briefings of interested officials, (5) regular training of staff, and (6) 

adequate allocations of resources. The Department has achieved significant success because of 

this effort. It allows the Department to use its resources more effectively and efficiently. 

The Department's regulatory policies and procedures provide a comprehensive internal 

management and review process for new and existing regulations and ensure that the Secretary 

and other appropriate appointed officials review and concur in all significant DOT rules. DOT 

continually seeks to improve its regulatory process. A few examples include: The Department’s 

development of regulatory process and related training courses for its employees; its use of an 

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electronic, Internet-accessible docket that can also be used to submit comments electronically; a 

“list serve” that allows the public to sign up for e-mail notification when the Department issues a 

rulemaking document; creation of an electronic rulemaking tracking and coordination system; the 

use of direct final rulemaking; the use of regulatory negotiation; a continually expanding Internet 

page that provides important regulatory information, including “effects” reports and status reports 

(http://regs.dot.gov/); and the continued exploration and use of Internet blogs and other Web 2.0 

technology to increase and enhance public participation in its rulemaking process. 

In addition, the Department continues to engage in a wide variety of activities to help cement 

the partnerships between its agencies and its customers that will produce good results for 

transportation programs and safety. The Department's agencies also have established a number 

of continuing partnership mechanisms in the form of rulemaking advisory committees. 

Retrospective Review of Existing Regulations 

In accordance with Executive Order (E.O.) 13563 ‘‘Improving Regulation and Regulatory 

Review,” the Department actively engaged in a special retrospective review of our existing rules 

to determine whether they need to be revised or revoked. This review was in addition to those 

reviews in accordance with section 610 of the Regulatory Flexibility Act, Executive Order 12866, 

and the Department's Regulatory Policies and Procedures. As part of this effort, we also 

reviewed our processes for determining what rules to review and ensuring the rules are 

effectively reviewed. As a result of the review, we identified many rules for expedited review and 

changes to our retrospective review process. Our retrospective review plan in response to E.O. 

13563 can be found at www.regs.dot.gov; the results of the review of our rules can also be found 

there and in appendix D to our regulatory agenda. 

 Each rulemaking initiated as a result of the retrospective review is included in the list below 

with a Regulation Identification Number (RIN) to assist in following the action through the 

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rulemaking process. Additionally, at the end of each title, existing rulemaking actions will be 

been identified by adding “RRR” and those that are new will be indicated by “RRR*”. 

RIN TITLE

LIKELY POTENTIAL

FOR POSITIVE

EFFECTS ON SMALL

BUSINESSES

2120‐

AJ94

Enhanced Flight Vision System (EFVS) (RRR*) Y

2120‐

AJ97

14 CFR Part 16; Rules of Practice for Federally‐Assisted Airport

Enforcement Proceedings (RRR*)

2120‐

AK00

Medical Certificate Endorsement Issue (RRR*)   

2120‐

AK01

Combined Drug and Alcohol Testing Programs for Operators

Conducting Commercial Air Tours (RRR*)

Y

2120‐

AK03

CAT III Definitions (RRR*)   

2125‐

AF41

National Standards for Traffic Control Devices; the Manual on

Uniform Traffic Control Devices for Streets and Highways;

Engineering Judgments (RRR)

2125‐

AF43

National Standards for Traffic Control Devices; the Manual on

Uniform Traffic Control Devices for Streets and Highways;

Compliance Dates Revision (RRR*)

2127‐

AK98

Pedestrian Safety Global Technical Regulation (GTR) (RRR*) Y

2127‐

AK99

Federal Motor Vehicle Standard No. 108; Lamps, reflective

devices, and associated equipment ‐ Color Boundaries (RRR*)

Y

2127‐ Federal Motor Vehicle Safety Standard No. 108; Lamps,

reflective devices, and associated equipment ‐ Reconsideration

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AL00 (RRR*)

2127‐

AL02

FMVSS No. 126, Petition for Reconsideration of Electronic

Stability Control (ESC) (RRR*)

2127‐

AL03

Part 571 FMVSS No. 205, Glazing Materials, GTR (RRR*) Y

2127‐

AL05

Amend FMVSS No. 210 to Incorporate the Use of a New Force

Application Device (RRR*)

2130‐

AC06

Training Standards for Railroad Employees (RRR)   

2130‐

AC16

Locomotive Safety Standards Amendments (RRR) Y

2130‐

AC27

Positive Train Control Systems Amendments (RRR*)   

2132‐

AB02

Major Capital Investment Projects (RRR)   

2133‐

AB74

Cargo Preference (RRR)   

2133‐

AB77

MARAD NEPA Procedures (RRR*)    

2133‐

AB78

Transportation Priority Allocation System, Part 341 (RRR*)   

2133‐

AB79

Administrative Claims, Part 327 (RRR*)   

2133‐

AB80

Operating Differential Subsidy and Construction Differential

Subsidy Programs (RRR*)

2133‐

AB81

Foreign Transfer Regulations (RRR*)   

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2133‐

AB82

War Risk Ship Valuation (RRR*)   

2137‐

AE77

Hazardous Materials: Minor Editorial Corrections and

Clarifications (RRR*)

2137‐

AE78

Hazardous Materials: Miscellaneous Amendments (RRR*) Y

2137‐

AE79

Hazardous Materials: Miscellaneous Amendments; Petitions for

Rulemaking (RRR*)

Y

2137‐

AE80

Hazardous Materials: Miscellaneous Pressure Vessel

Requirements (DOT Spec Cylinders) (RRR*)

Y

2137‐

AE81

Hazardous Materials: Reverse Logistics (RRR*) Y

2137‐

AE82

Hazardous Materials: Incorporation of Certain Special Permits

and Competent Authorities into the HMR (RRR*)  

Y

*Some of the entries on this list may be completed actions, which do not appear in The 

Regulatory Plan/Agenda. However, more information can be found about these completed 

rulemakings in past publications of the Unified Agenda on Reginfo.gov in the Completed Actions 

section for DOT. 

 The Department will also continue its efforts to use advances in technology to improve its 

rulemaking management process. For example, the Department created an effective tracking 

system for significant rulemakings to ensure that either rules are completed in a timely manner or 

delays are identified and fixed. Through this tracking system, a monthly status report is 

generated. To make its efforts more transparent, the Department has made this report Internet 

accessible at www.regs.dot.gov, as well as through a list-serve. By doing this, the Department is 

providing valuable information concerning our rulemaking activity and is providing information 

necessary for the public to evaluate the Department's progress in meeting its commitment to 

completing quality rulemakings in a timely manner. 

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 The Department continues to place great emphasis on the need to complete high-quality 

rulemakings by involving senior departmental officials in regular meetings to resolve issues 

expeditiously. 

Office of the Secretary of Transportation (OST) 

 The Office of the Secretary (OST) oversees the regulatory process for the Department. OST 

implements the Department's regulatory policies and procedures and is responsible for ensuring 

the involvement of top management in regulatory decisionmaking. Through the General 

Counsel's office, OST is also responsible for ensuring that the Department complies with the 

Administrative Procedure Act, Executive Order 12866 (Regulatory Planning and Review), DOT’s 

Regulatory Policies and Procedures, and other legal and policy requirements affecting 

rulemaking. Although OST’s principal role concerns the review of the Department’s significant 

rulemakings, this office has the lead role in the substance of projects concerning aviation 

economic rules and other rules that affect multiple elements of the Department. 

 OST provides guidance and training regarding compliance with regulatory requirements and 

process for use by personnel throughout the Department. OST also plays an instrumental role in 

the Department’s efforts to improve our economic analyses; risk assessments; regulatory 

flexibility analyses; other related analyses; and data quality, including peer reviews. 

 OST also leads and coordinates the Department’s response to the Office of Management and 

Budget’s (OMB) intergovernmental review of other agencies’ significant rulemaking documents 

and to Administration and congressional proposals that concern the regulatory process. The 

General Counsel’s office works closely with representatives of other agencies, OMB, the White 

House, and congressional staff to provide information on how various proposals would affect the 

ability of the Department to perform its safety, infrastructure, and other missions. 

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 During fiscal year 2012, OST will continue to focus its efforts on enhancing airline passenger 

protections by requiring carriers to adopt various consumer service practices under the following 

rulemaking initiatives: 

 Accessibility of Carrier Websites and Ticket Kiosks (2105-AD96) 

 Enhancing Airline Passenger Protections III (2105-AE11) 

 Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service 

Animals, and Accessible Lavatories on Single-Aisle Aircraft (2105-AE12). 

OST will also continue its efforts to help coordinate the activities of several operating 

administrations that advance various departmental efforts that support the Administration’s 

initiatives on promoting safety, stimulating the economy and creating jobs, sustaining and building 

America’s transportation infrastructure, and improving livability for the people and communities 

who use transportation systems subject to the Department’s policies. 

Federal Aviation Administration (FAA) 

 The Federal Aviation Administration is charged with safely and efficiently operating and 

maintaining the most complex aviation system in the world. It is guided by Destination 2025—a 

transformation of the Nation’s aviation system in which air traffic will move safely, swiftly, 

efficiently, and seamlessly around the globe. Our vision is to develop new systems and to 

enhance a culture that increases the safety, reliability, efficiency, capacity, and environmental 

performance of our aviation system. To meet our vision will require enhanced skills, clear 

communication, strong leadership, effective management, innovative technology, new equipment, 

advanced system oversight, and global integration. 

 FAA activities that may lead to rulemaking in fiscal year 2012 include continuing to: 

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 Promote and expand safety information-sharing efforts, such as FAA-industry partnerships 

and data-driven safety programs that prioritize and address risks before they lead to 

accidents. Specifically, FAA will continue implementing Commercial Aviation Safety Team 

projects related to controlled flight into terrain, loss of control of an aircraft, uncontained 

engine failures, runway incursions, weather, pilot decisionmaking, and cabin safety. Some of 

these projects may result in rulemaking and guidance materials. 

 Work cooperatively to harmonize the U.S. aviation regulations with those of other countries, 

without compromising rigorous safety standards. The differences worldwide in certification 

standards, practice and procedures, and operating rules must be identified and minimized to 

reduce the regulatory burden on the international aviation system. The differences between 

the FAA regulations and the requirements of other nations impose a heavy burden on U.S. 

aircraft manufacturers and operators, some of which are small businesses. Standardization 

should help the U.S. aerospace industry remain internationally competitive. The FAA 

continues to publish regulations based on recommendations of Aviation Rulemaking 

Committees that are the result of cooperative rulemaking between the U.S. and other 

countries. 

 Develop and implement Safety Management Systems (SMS) where these systems will 

improve safety of aviation and aviation-related activities. An SMS proactively identifies 

potential hazards in the operating environment, analyzes the risks of those hazards, and 

encourages mitigation prior to an accident or incident. In its most general form, an SMS is a 

set of decisionmaking tools that can be used to plan, organize, direct, and control activities in 

a manner that enhances safety. 

 

FAA top regulatory priorities for 2011 through 2012 include: 

 Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (2120-AJ00) 

 Helicopter Air Ambulance and Commercial Helicopter Safety Initiatives and Miscellaneous 

Amendments (2120-AJ53) 

 Congestion Management for LaGuardia Airport, John F. Kennedy International Airport, and 

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Newark Liberty International Airport (2120-AJ89) 

 Safety Management System for Certificate Holders Operating Under 14 CFR Part 121 (2120-

AJ86) 

 The Crewmember and Aircraft Dispatcher Training rulemaking would: 

 Reduce human error and improve performance; 

 Enhance traditional training programs through the use of flight simulation training devices for 

flight crewmembers; and 

 Include additional training in areas critical to safety. 

The Air Ambulance and Commercial Helicopter rulemaking would: 

 Codify current agency guidance 

 Address National Transportation Safety Board recommendations; 

 Provide certificate holders and pilots with tools and procedures that will aid in reducing 

accidents, including potential equipage requirements; and 

 Amend all part 135 commercial helicopter operations regulations to include pilot training and 

alternate airport weather minimums. 

The Congestion Management rulemaking for LaGuardia Airport, John F. Kennedy 

International Airport, and Newark Liberty International Airport would: 

 Replace the orders limiting scheduled operations at John F. Kennedy International Airport 

(JFK), limiting scheduled operations at Newark Liberty International Airport (EWR), and 

limiting scheduled and unscheduled operations at LaGuardia Airport (LGA); and 

 Provide a longer-term and comprehensive approach to congestion management at JFK, 

EWR, and LGA 

The Safety Management System for Certificate Holders Operating Under 14 CFR Part 121 

rulemaking would: 

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 Require certain certificate holders to develop and implement an SMS; 

 Propose a general framework from which a certificate holder can build its SMS; and 

 Conform to International Civil Aviation Organization Annexes and adopt several National 

Transportation Safety Board recommendations. 

Federal Highway Administration (FHWA) 

 The Federal Highway Administration (FHWA) carries out the Federal highway program in 

partnership with State and local agencies to meet the Nation’s transportation needs. The 

FHWA’s mission is to improve continually the quality and performance of our Nation’s highway 

system and its intermodal connectors. 

 Consistent with this mission, the FHWA will continue: 

 With ongoing regulatory initiatives in support of its surface transportation programs; 

 To implement legislation in the least burdensome and restrictive way possible; and 

 To pursue regulatory reform in areas where project development can be streamlined or 

accelerated, duplicative requirements can be consolidated, recordkeeping requirements can 

be reduced or simplified, and the decisionmaking authority of our State and local partners can 

be increased. 

 FHWA's top regulatory priority for the fiscal year is to address the rulemaking actions outlined 

in the DOT Plan for Implementation of Executive Order 13563. In particular, FHWA will 

undertake two rulemakings that propose changes to the Manual on Uniform Traffic Control 

Devices (MUTCD). The first of these rulemakings (RIN 2125-AF41, Engineering Judgment) 

would clarify the use of engineering judgment and studies in the application of traffic control 

devices. A separate rulemaking (RIN 2125-AF43, Compliance Dates Revision) would revise the 

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compliance dates for certain requirements in the MUTCD. Consistent with the principles outlined 

in Executive Order 13563, the FHWA anticipates these actions would provide clarity and needed 

flexibility, as well as reduce burdens on State and local governments. We believe our approach 

in both rulemakings is consistent with the requirements of Executive Order 13563, including its 

emphasis on consideration of benefits and costs (sections 1(a) and 1(b)), its requirement of an 

open exchange of information with stakeholders (section 2(a)), and, in particular, its call for 

retrospective analysis of existing rules, including streamlining and modification to make such 

rules less burdensome (section 6). These rulemakings are also consistent with a Presidential 

Memorandum regarding Administrative Flexibility, which calls for reducing burdens and promoting 

flexibility for State and local governments. 

Federal Motor Carrier Safety Administration (FMCSA) 

 The mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce crashes, 

injuries, and fatalities involving commercial trucks and buses. A strong regulatory program is a 

cornerstone of FMCSA’s compliance and enforcement efforts to advance this safety mission. 

FMCSA develops new and more effective safety regulations based on three core priorities: 

Raising the bar for entry, maintaining high standards, and removing high-risk behavior. In 

addition to Agency-directed regulations, FMCSA develops regulations mandated by Congress, 

such as the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for 

Users (SAFETEA-LU). FMCSA regulations establish standards for motor carriers, drivers, 

vehicles, and State agencies receiving certain motor carrier safety grants and issuing commercial 

drivers’ licenses. 

 FMCSA’s regulatory plan for FY 2012 includes completion of a number of rulemakings that are 

high priorities for the Agency because they would have a positive impact on safety. Among the 

rulemakings included in the plan are: (1) Carrier Safety Fitness Determination (RIN 2126-AB11) 

and (2) National Registry of Certified Medical Examiners (RIN 2126-AA97). 

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 Together, these priority rules could help to substantially improve commercial motor vehicle 

(CMV) safety on our Nation’s highways by improving FMCSA’s ability to provide safety oversight 

of motor carriers and drivers. 

 In FY 2012, FMCSA will continue its work on the Comprehensive Safety Analysis (CSA). The 

CSA initiative will improve the way FMCSA identifies and conducts carrier compliance and 

enforcement operations over the coming years. CSA’s goal is to improve large truck and bus 

safety by assessing a wider range of safety performance data from a larger segment of the motor 

carrier industry through an array of progressive compliance interventions. FMCSA anticipates 

that the impacts of CSA and its associated rulemaking to put into place a new safety fitness 

standard will enable the Agency to prohibit “unfit” carriers from operating on the Nation’s 

highways (the Carrier Safety Fitness Determination(RIN 2126-AB11)) and will contribute further to 

the Agency’s overall goal of decreasing CMV-related fatalities and injuries. 

 Also in FY 2012, FMCSA plans to issue a final rule on the National Registry of Certified 

Medical Examiners (RIN 2126-AA97) to establish training and testing requirements for healthcare 

professionals who issue medical certificates to CMV drivers. 

 In order to manage its rulemaking agenda, FMCSA continues to involve senior Agency leaders 

at the earliest stages of its rulemakings and continues to refine its regulatory development 

process. The Agency also holds senior executives accountable for meeting deadlines for 

completing rulemakings. 

National Highway Traffic Safety Administration 

 The statutory responsibilities of the National Highway Traffic Safety Administration (NHTSA) 

relating to motor vehicles include reducing the number of, and mitigating the effects of, motor 

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vehicle crashes and related fatalities and injuries; providing safety performance information to aid 

prospective purchasers of vehicles, child restraints, and tires; and improving automotive fuel 

efficiency. NHTSA pursues policies that encourage the development of nonregulatory 

approaches when feasible in meeting its statutory mandates. It issues new standards and 

regulations or amendments to existing standards and regulations when appropriate. It ensures 

that regulatory alternatives reflect a careful assessment of the problem and a comprehensive 

analysis of the benefits, costs, and other impacts associated with the proposed regulatory action. 

Finally, it considers alternatives consistent with the Administration’s regulatory principles. 

 NHTSA continues to focus on the high-priority vehicle safety issue of motorcoaches and their 

occupants, and will publish several notices in fiscal year 2012 to that end. NHTSA will issue a 

final rule to require the installation of lap/shoulder belts in newly manufactured motorcoaches in 

accordance with NHTSA’s 2007 Motorcoach Safety Plan and DOT’s 2009 departmental 

Motorcoach Safety Action Plan. NHTSA is also considering proposing new Federal motor vehicle 

safety standards (FMVSS) for motorcoach rollover structural integrity requirements, as well as 

requirements for electronic stability control systems for motorcoaches and truck tractors. 

Together, these three rulemaking actions will address 12 recommendations issued by the 

National Transportation Safety Board related to motorcoach safety. 

 In fiscal year 2012, NHTSA will continue its efforts to reduce domestic dependency on foreign 

oil in accordance with the Energy Independence and Security Act (EISA) of 2007 by publishing, in 

conjunction with the Environmental Protection Agency (EPA), a joint final rule setting corporate 

average fuel economy (CAFE) standards for light trucks and passenger cars for model years 

2017 and beyond. To further enhance the safety of passenger vehicles and pedestrians, NHTSA 

is considering proposing, in response to the Pedestrian Safety Enhancement Act of 2010, a 

FMVSS to provide a means of alerting blind and other pedestrians of motor vehicle operation. 

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 In addition to numerous programs that focus on the safe performance of motor vehicles, the 

Agency is engaged in a variety of programs to improve driver and occupant behavior. These 

programs emphasize the human aspects of motor vehicle safety and recognize the important role 

of the States in this common pursuit. NHTSA has identified two high-priority areas: Safety belt 

use and impaired driving. To address these issue areas, the Agency is focusing especially on 

three strategies—conducting highly visible, well-publicized enforcement; supporting prosecutors 

who handle impaired driving cases and expanding the use of DWI/Drug Courts, which hold 

offenders accountable for receiving and completing treatment for alcohol abuse and dependency; 

and adopting alcohol screening and brief intervention by medical and health care professionals. 

Other behavioral efforts encourage child safety-seat use; combat excessive speed and 

aggressive driving; improve motorcycle, bicycle, and pedestrian safety; and provide consumer 

information to the public. 

Federal Railroad Administration (FRA) 

 FRA's current regulatory program contains numerous mandates resulting from the Rail Safety 

Improvement Act of 2008 (RSIA08), as well as actions supporting the Department's High-Speed 

Rail Strategic Plan. RSIA08 alone has resulted in at least 20 rulemaking actions, which are 

competing for limited resources to meet statutory deadlines. FRA has prioritized these 

rulemakings according to the greatest effect on safety, as well as expressed congressional 

interest, and will work to complete as many rulemakings as possible prior to their statutory 

deadlines. Revised timelines for completion of unfinished regulations will be forwarded to 

Congress for consideration. 

 Through the Railroad Safety Advisory Committee (RSAC), FRA is working to complete many 

of the RSIA08 actions that include developing requirements for train conductor certification, 

roadway worker protection, track safety, alcohol and drug testing of maintenance-of-way 

personnel, and training for railroad employees. Other RSAC-supported actions that advance 

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high-speed passenger rail include proposed revisions to the Track Safety Standards dealing with 

vehicle-track interaction. FRA is also initiating a rulemaking related to the development of 

railroad risk reduction and system safety programs, which will be a multi-year effort due to the 

underlying statutory requirements that must be undertaken prior to the issuance of any final rule. 

Finally, FRA will be engaging in two rulemaking proceedings to address various issues related to 

the implementation of positive train control systems. FRA expects these regulatory actions to 

provide substantial benefits to the industry while ensuring the safe and effective implementation 

of the technology. 

Federal Transit Administration (FTA) 

 FTA helps communities support public transportation by making grants of Federal funding for 

transit vehicles, construction of transit facilities, and planning and operation of transit and other 

transit-related purposes. FTA regulatory activity implements the laws that apply to recipients’ 

uses of Federal funding and the terms and conditions of FTA grant awards. FTA policy regarding 

regulations is to: 

 Provide maximum benefit to the mobility of the Nation’s citizens and the connectivity of 

transportation infrastructure; 

 Provide maximum local discretion; 

 Ensure the most productive use of limited Federal resources; 

 Protect taxpayer investments in public transportation; 

 Incorporate principles of sound management into the grant management process. 

 As the needs for public transportation have changed over the years, the Federal transit 

programs have grown in number and complexity. FTA’s regulatory priorities for the coming year 

will reflect the mandates of the Agency’s authorization statute, including, most notably, the Major 

Capital Investments (RIN 2132-AB02) “New Starts” program. The New Starts program is the 

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main source of discretionary Federal funding for construction of rapid rail, light rail, commuter rail, 

and other forms of transit infrastructure. FTA also anticipates amending its regulations governing 

recipients’ management of major capital projects and its Bus Testing rule. 

Maritime Administration (MARAD) 

 The Maritime Administration (MARAD) administers Federal laws and programs to promote and 

strengthen the U.S. merchant marine to meet the economic and security needs of the Nation. To 

that end, MARAD’s efforts are focused upon ensuring a strong American presence in the 

domestic and international trades and to expanding maritime opportunities for American 

businesses and workers. 

 MARAD’s regulatory objectives and priorities reflect the Agency’s responsibility for ensuring 

the availability of a U.S. merchant marine that can provide water transportation services for 

American shippers and consumers and, in times of war or national emergency, for the U.S. 

armed forces. Major program areas include the following: Maritime Security, Voluntary 

Intermodal Sealift Agreement, National Defense Reserve Fleet and the Ready Reserve Force, 

Maritime Guaranteed Loan Financing, United States Merchant Marine Academy, Mariner 

Education and Training Support, and Deepwater Port Licensing. Additionally, MARAD will 

continue its monitoring and enforcement of U.S. cargo preference laws and implementation of 

MARAD’s newest program, the “America’s Marine Highways Program.” To date, the Department 

has identified marine corridors, and grants have been awarded under the America’s Marine 

Highways Program. 

 MARAD’s primary regulatory activities in fiscal year 2012 will be to update existing cargo 

preference-related regulations, to continue the update of existing regulations as part of the 

Department’s Retrospective Regulatory Review effort, and to propose new regulations where 

appropriate. 

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Pipeline and Hazardous Materials Safety Administration (PHMSA) 

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has responsibility for 

rulemaking under two programs. Through the Associate Administrator for Hazardous Materials 

Safety, PHMSA administers regulatory programs under Federal hazardous materials 

transportation law and the Federal Water Pollution Control Act, as amended by the Oil Pollution 

Act of 1990. Through the Associate Administrator for Pipeline Safety, PHMSA administers 

regulatory programs under the Federal pipeline safety laws and the Federal Water Pollution 

Control Act, as amended by the Oil Pollution Act of 1990. 

 PHMSA will continue to work toward the reduction of deaths and injuries associated with the 

transportation of hazardous materials by all transportation modes, including pipeline. We will 

concentrate on the prevention of high-risk incidents identified through the findings of the National 

Transportation Safety Board and PHMSA’s evaluation of transportation incident data. PHMSA 

will use all available Agency tools to assess data; evaluate alternative safety strategies, including 

regulatory strategies as necessary and appropriate; target enforcement efforts; and enhance 

outreach, public education, and training to promote safety outcomes. 

 PHMSA will be considering whether changes are needed to the regulations covering 

hazardous liquid onshore pipelines. In particular, PHMSA is considering whether it should extend 

regulation to certain pipelines currently exempt from regulation; whether other areas along a 

pipeline should either be identified for extra protection or be included as additional highconsequence areas (HCAs) for integrity management (IM) protection; whether to establish and/or 

adopt standards and procedures for minimum lead detection requirements for all pipelines; 

whether to require the installation of emergency flow restricting devices (EFRDs) in certain areas; 

whether revised valve spacing requirements are needed on new construction or existing 

pipelines; whether repair timeframes should be specified for pipeline segments in areas outside 

20

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
the HCAs that are assessed as part of the IM; and whether to establish and/or adopt standards 

and procedures for improving the methods of preventing, detecting, assessing, and remediating 

stress corrosion cracking (SCC) in hazardous liquid pipeline systems. 

 Additionally, PHMSA will consider whether or not to revise the requirements in the pipeline 

safety regulations addressing integrity management principles for gas transmission pipelines. 

Specifically, PHMSA will be reviewing the definition of an HCA (including the concept of a 

potential impact radius), the repair criteria for both HCA and non-HCA areas, requiring the use of 

automatic and remote-controlled shutoff valves, valve spacing, and whether applying the integrity 

management program requirements to additional areas would mitigate the need for class location 

requirements. 

Research and Innovative Technology Administration (RITA) 

 The Research and Innovative Technology Administration (RITA) seeks to identify and facilitate 

solutions to the challenges and opportunities facing America’s transportation system through: 

 Coordination, facilitation, and review of the Department's research and development 

programs and activities; 

 Providing multi-modal expertise in transportation and logistics research, analysis, strategic 

planning, systems engineering and training; 

 Advancement, and research and development, of innovative technologies, including 

intelligent transportation systems; 

 Comprehensive transportation statistics research, analysis, and reporting; 

 Managing education and training in transportation and national transportation-related fields; 

and 

 Managing the activities of the John A. Volpe National Transportation Systems Center. 

Through its Bureau of Transportation Statistics, Office of Airline Information, RITA collects, 

21

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
compiles, analyzes, and makes accessible information on the Nation's air transportation system. 

RITA collects airline financial, traffic, and operating statistical data, including on-time flight 

performance data that highlight long tarmac times and chronically late flights. This information 

gives the Government consistent and comprehensive economic and market data on airline 

operations that are used in supporting policy initiatives and administering the Department’s 

mandated aviation responsibilities, including negotiating international bilateral aviation 

agreements, awarding international route authorities, performing airline and industry status 

evaluations, supporting air service to small communities, setting Alaskan Bush Mail rates, and 

meeting international treaty obligations. 

 Through its Intelligent Transportation Systems Joint Program Office (ITS/JPO), RITA conducts 

research and demonstrations and, as appropriate, may develop new regulations, in coordination 

with OST and other DOT operating administrations, to enable deployment of ITS research and 

technology results. This office collects and disseminates benefits and costs information resulting 

from ITS-related research along with direct measurement of the deployment of ITS nationwide. 

These efforts support market assessments for emerging market sectors that would be costprohibitive for industry to absorb alone. Such information is widely consumed by the community 

of stakeholders to determine their deployment needs. 

 The ITS Architecture and Standards Programs develop and maintain a National ITS 

Architecture; develop open, non-proprietary interface standards to facilitate rapid and economical 

adoption of nationally interoperable ITS technologies; and cooperate to harmonize ITS standards 

internationally. These standards are incorporated into DOT operating administration regulatory 

activities when appropriate. 

 Through its Volpe National Transportation Systems Center, RITA provides a comprehensive 

range of engineering expertise, and qualitative and quantitative assessment services, focused on 

applying, maintaining, and increasing the technical body of knowledge to support DOT operating 

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
administration regulatory activities. 

 Through its Transportation Safety Institute, RITA designs, develops, conducts, and evaluates 

training and technical assistance programs in transportation safety and security to support DOT 

operating administration regulatory implementation and enforcement activities. 

 RITA’s regulatory priorities are to assist OST and all DOT operating administrations in 

updating existing regulations by applying research, technology, and analytical results; to provide 

reliable information to transportation system decisionmakers; and to provide safety regulation 

implementation and enforcement training. 

23

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
QUANTIFIABLE COSTS AND BENEFITS OF RULEMAKINGS 

ON THE 2011 to 2012 DOT REGULATORY PLAN 

(This chart does not account for non-quantifiable benefits, which are often substantial.) 

Agency/RIN 

Number 

Title Stage Quantifiable 

Costs 

Discounted 

2007 $ 

(Millions) 

Quantifiable 

Benefits 

Discounted 

2007 $ 

(Millions) 

OST 

2105-AD96 Accessibility of 

Carrier Websites 

and Ticket Kiosks 

FR (TBD) TBD TBD 

2105-AE11 Enhancing Airline 

Passenger 

Protections III 

SNPRM 08/12 TBD TBD 

2105-AE12 Air Carrier Access 

Act (ACAA) 

SNPRM 06/12 TBD TBD 

Total for OST 0 0 

FAA 

24

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
2120-AJ00 Part 121, subparts 

N and O 

FR (TBD) 222.9 199.1 

2120-AJ53 Helicopter Safety 

Initiatives and Misc 

Amendments 

FR 07/12 225 275 

2120-AJ86 SMS for part 121 FR 07/12 375.5 500.8 

2120-AJ89 NY Congestion 

Management 

NPRM 05/12 TBD TBD 

Total for FAA 823.4 974.9 

FMCSA 

2126-AA97 National Registry of 

Certified Medical 

Examiners 

FR 02/12 575 1,199 

2126-AB11 Carrier Safety 

Fitness 

Determination 

NPRM 04/12 19 324 

Total for FMCSA 594 1,523 

NHTSA 

2127-AK56 Seat Belts on 

Motorcoaches 

FR 07/12 26.8 – 27.9 17.5 – 96.9 

2127-AK79 CAFE 2017 and 

Beyond 

FR (TBD) TBD TBD 

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
2127-AK93 Sound for Hybrid 

and Electric 

Vehicles 

NPRM 07/12 TBD TBD 

2127-AK96 Motorcoach 

Rollover Structural 

Integrity 

NPRM 04/12 TBD TBD 

2127-AK97 Electronic Stability 

Control Systems for 

Heavy Vehicles 

NPRM 01/12 TBD TBD 

Total for NHTSA 26.8 – 27.9 17.5 – 96.9 

FTA 

2132-AB02 Major Capital 

Investment Projects 

NPRM 01/12 TBD TBD 

Total for FTA 0 0 

MARAD 

2133-AB74 Cargo Preference 05/12 TBD TBD 

Total for MARAD 0 0 

TOTAL FOR DOT 

1,444.2-

1,445.3

2,515.4-

2,594.8

Notes: 

 Costs and benefits of rulemakings may be forecast over varying periods. Although the 

forecast periods will be the same for any given rulemaking, comparisons between proceedings 

26

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
should be made cautiously. 

 Costs and benefits are generally discounted at a 7 percent discount rate over the period 

analyzed. 

 The Department of Transportation generally assumes that there are economic benefits to 

avoiding a fatality of $6.2 million. That economic value is included as part of the benefits 

estimates shown in the chart. As noted above, we have not included the non-quantifiable 

benefits. 

27

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
The 17 Actions Described in the Regulatory Plan

Title

Regulation 

Identifier 

Number

Rulemaking 

Stage

Accessibility of Carrier Websites and Ticket Kiosks 2105-AD96 Proposed Rule Stage

Enhancing Airline Passenger Protections III 2105-AE11 Proposed Rule Stage

Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service

Animals, and Accessible Lavatories on Single-Aisle Aircraft 2105-AE12 Proposed Rule Stage

Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers 2120-AJ00 Proposed Rule Stage

New York Congestion Management Rule for LaGuardia Airport, John F. Kennedy

International Airport, and Newark Liberty International Airport 2120-AJ89 Proposed Rule Stage

Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and

Miscellaneous Amendments 2120-AJ53 Final Rule Stage

Safety Management Systems for Certificate Holders 2120-AJ86 Final Rule Stage

Carrier Safety Fitness Determination 2126-AB11 Proposed Rule Stage

National Registry of Certified Medical Examiners 2126-AA97 Final Rule Stage

Electronic On-Board Recorders and Hours of Service Supporting Documents 2126-AB20 Long-term Action Stage

Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017

and Beyond 2127-AK79 Proposed Rule Stage

Sound for Hybrid and Electric Vehicles 2127-AK93 Proposed Rule Stage

Motorcoach Rollover Structural Integrity 2127-AK96 Proposed Rule Stage

Electronic Stability Control Systems for Heavy Vehicles 2127-AK97 Proposed Rule Stage

Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208 2127-AK56 Final Rule Stage

Major Capital Investment Projects (RRR) 2132-AB02 Proposed Rule Stage

Regulations To Be Followed by All Departments, Agencies, and Shippers Having

Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes

on Ocean Vessels

2133-AB74 Proposed Rule Stage

Department of Transportation (DOT) 

Office of the Secretary ( OST ) RIN: 2105-AD96

 View Related Documents

Title: Accessibility of Carrier Websites and Ticket Kiosks

Abstract: This rulemaking was divided into two successive Air Carrier Access Act (ACAA) rulemakings. This one, as well as

the second rulemaking (2105-AE12), address issues raised in another rulemaking RIN 2105-AD92. This rulemaking would

consider: (1) The cost and technical issues involved in requiring carrier website accessibility and (2) whether automated kiosks

operated by carriers at airports and elsewhere should be required to be accessible. After the public comment periods, we intend

to consolidate the final decisions in this rulemaking and RIN 2105-AE12 into one document.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 14 CFR 382 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 41702; 49 USC 47105; 49 USC 41712

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking proposes to provide greater accommodations for individuals with disabilities in

accessing automated kiosks at U.S. airports and Web sites operated by U.S. and foreign air carriers and their ticket agents.

Automated kiosks are widely used by U.S. and foreign air carriers at airports to provide customer services (e.g., boarding pass

and bag tag printing). Also, today's passengers increasingly rely on air travel Web sites for information about airline services,

making reservations, and obtaining discounted airfares. Currently, neither airlines nor airports are required to make airport

kiosks accessible to passengers with disabilities. Also, not all air travel information and services available to the public on Web

sites are accessible to people with disabilities. Only DOT can protect air travelers with disabilities as states are preempted from

28

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
regulating in these areas and no private right of action exists for airline consumers to enforce the Air Carrier Access Act.

Legal Basis: The legal basis for the proposed rule is the Air Carrier Access Act, which prohibits discrimination in airline

service on the basis of disability, and section 504 of the Rehabilitation Act of 1973, which requires accessibility in airport

terminal facilities that receive Federal financial assistance.

Alternatives: Since May 2008, the Department has attempted to address the problem of inaccessible Web sites by requiring

U.S. and foreign air carriers to make discounted, Web-based fares and amenities available to passengers who self-identify as

being unable to use an airline's inaccessible Web site due to their disability. The Department has also tried to address the

problem of inaccessible kiosks by requiring U.S. and foreign air carriers to make equivalent service available to passengers with

a disability who cannot readily use a carrier's automated kiosk due to their disability. Disability advocacy groups have

repeatedly expressed opposition to these interim solutions as they do not enable them to independently access and use

airlines' Web sites or kiosks.

Costs and Benefits: Preliminary estimates show that the present value of net benefits of the requirement to ensure the

accessibility of automated airport kiosks to be $70.4 million over the 10-year period from 2013 through 2022, using a 7 percent

discount rate. With respect to the proposed requirements to ensure air travel Web site accessibility, our preliminary regulatory

evaluation estimates the expected present value of net benefits at $48.5 million over the period from 2013 through 2022, using

the 7 percent discount rate.

Risks: N/A

Timetable:

Action Date FR Cite

SNPRM 09/26/2011 76 FR 59307 

Extension of Comment Period and Clarification of Proposed Rule 11/21/2011 76 FR 71914 

SNPRM Comment Period End 11/25/2011 

Supplemental NPRM Comment Period End 01/09/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 2105-AE12

Agency Contact: Robert C. Ashby 

Deputy Assistant General Counsel for Regulation and Enforcement

Department of Transportation

Office of the Secretary

Room W94-302 1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-4723 

TDD Phone: 202 755-7687

E-Mail: bob.ashby@ost.dot.gov

Department of Transportation (DOT) 

Office of the Secretary ( OST ) RIN: 2105-AE11

 View Related Documents

Title: Enhancing Airline Passenger Protections III

Abstract: This rulemaking would address the following issues: (1) Whether the Department should require a marketing carrier

to provide assistance to its code-share partner when a flight operated by the code-share partner experiences a lengthy tarmac

delay; (2) whether the Department should enhance disclosure requirements on code-share operations, including requiring ontime performance data, reporting of certain data code-share operations, and codifying the statutory amendment of 49 U.S.C.

41712(c) regarding website schedule disclosure of code-share operations; (3) whether the Department should expand the ontime performance "reporting carrier" pool to include smaller carriers; (4) whether the Department should require travel agents to

adopt minimum customer service standards in relation to the sale of air transportation; (5) whether the Department should

require ticket agents to disclose the carriers whose tickets they sell or do not sell and information regarding any incentive

payments they receive in connection with the sale of air transportation; (6) whether the Department should require ticket agents

to disclose any preferential display of individual fares or carriers in the ticket agent's Internet displays; (7) whether the

Department should require additional or special disclosures regarding certain substantial fees; e.g., oversize or overweight

baggage fees; (8) whether the Department should prohibit post-purchase price increase for all services and products not

purchased with the ticket or whether it is sufficient to prohibit post-purchase prices increases for baggage charges that

29

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
traditionally have been included in the ticket price; and (9) whether the Department should require that ancillary fees be

displayed through all sale channels.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 14 CFR 244; 14 CFR 250; 14 CFR 253; 14 CFR 259; 14 CFR 399 (To search for a specific CFR, visit the

Code of Federal Regulations ) 

Legal Authority: 49 USC 41712; 49 USC 40101;49 USC 41702

Legal Deadline: None

Regulatory Plan:

Statement of Need: On April 25, 2011, the Department of Transportation published in the Federal Register a final rule on

Enhancing Airline Passenger Protections (76 FR 23110). Among other requirements, the rule contains several requirements for

U.S. and foreign air carriers, ticket agents, and other sellers of air transportation to disclose to consumers the cost of certain

ancillary services. The rule requires disclosure through various methods. One issue the rulemaking requested comment on was

whether the Department should require information regarding the cost of airline ancillary services to be displayed through

Global Distribution Systems in order to enhance transparency of such fees to consumers. Because the Department lacked

critical information on the issue, the Department deferred the issue to this rulemaking. This rulemaking will address that issue

as well as several other airline consumer protection proposals.

Legal Basis: The Department has authority and responsibility under 49 U.S.C. section 41712, in concert with 49 U.S.C.

40101 and 49 U.S.C. section 41702, to protect consumers from unfair and deceptive practices and to ensure safe and adequate

service in air transportation.

Alternatives: One alternative would be to take no regulatory action. Also, various regulatory alternatives will be developed

and the public will be afforded an opportunity to provide comments when the Department publishes the proposed rule in the

Federal Register.

Costs and Benefits: TBD

Risks: The risk of not taking regulatory action would be the continuation of a system where passengers cannot determine the

true cost of their air travel.

Timetable:

Action Date FR Cite

Supplemental NPRM 08/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 2105-AD72; Related to 2105-

AD92

Agency Contact: Blane A. Workie

Attorney

Department of Transportation

Office of the Secretary

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-9342 

TDD Phone: 202 755-7687

FAX: 202 366-7152

E-Mail: blane.workie@ost.dot.gov

Department of Transportation (DOT) 

Office of the Secretary ( OST ) RIN: 2105-AE12

 View Related Documents

Title: Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service Animals, and Accessible

Lavatories on Single-Aisle Aircraft

30

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Abstract: This rulemaking is the one of two successive Air Carrier Access Act (ACAA) rulemakings that address issues

raised in another rulemaking: RIN 2105-AD92. The second rulemaking is RIN 2105-AD96. This rulemaking action would consider

(1) whether there are safety-related reasons for excluding service animals other than dogs that may be specific to foreign

carriers; (2) whether the cost of requiring carriers to supply free in-flight medical oxygen would create an undue burden; and (3)

whether providing high-contrast captioning on in-flight entertainment displays is technically and economically feasible. It would

also address accessible lavatories on single-aisle aircraft and a rulemaking petition from the Psychiatric Service Dog Society to

eliminate provisions allowing carriers to require documentation and 48 hours advance notice for users of psychiatric service

animals, and miscellaneous service animal issues. After the public comment periods, we intend to consolidate the final decisions

in this rulemaking and RIN 2105-AD96 into one document.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 14 CFR 382 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 41702; 49 USC 41712; 49 USC 47105

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking action would examine whether the Department should require carriers to provide inflight medical oxygen, captioning on in-flight entertainment (IFE) systems, and accessible lavatories on single-aisle aircraft to

provide individuals with disabilities greater access to air travel. Currently, few airlines make in-flight medical oxygen available to

passengers and as a result individuals who are dependent on medical oxygen but cannot use portable oxygen concentrators are

having difficulty traveling by air. Also, passengers who are deaf or hard-of-hearing have strongly advocated for captioning of

IFE systems, arguing that the in-flight entertainment that is available to other passengers should also be available to them.

Lavatories on single-aisle aircraft have also become a matter of interest to the Department as more and more single-aisle

aircraft are used for longer flights and the absence of accessible lavatories makes travel difficult for passengers with disabilities.

This rulemaking action will also address whether to amend the existing regulation, which allows airlines to require users of

psychiatric and emotional support service animals to provide documentation and advance notice of their planned travel with a

service animal. An advocacy group representing users of psychiatric service dogs has filed a petition for rulemaking stating that

the notice and medical documentation requirements stigmatize and discriminate against people with mental disabilities, and

asking that it be repealed.

Legal Basis: This legal basis for the proposed rule is the Air Carrier Access Act (ACAA), which prohibits discrimination in

airline service on the basis of disability.

Alternatives: Regulatory alternatives will be developed and the public will be afforded an opportunity to provide comments

when the Department publishes the proposed rule in the Federal Register.

Costs and Benefits: Estimates of costs and benefits are under development.

Risks: N/A

Timetable:

Action Date FR Cite

Supplemental NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Split From 2105-AD96

Agency Contact: Robert C. Ashby 

Deputy Assistant General Counsel for Regulation and Enforcement

Department of Transportation

Office of the Secretary

Room W94-302 1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-4723 

TDD Phone: 202 755-7687

E-Mail: bob.ashby@ost.dot.gov

Department of Transportation (DOT) 

31

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Federal Aviation Administration ( FAA ) RIN: 2120-AJ00

 View Related Documents

Title: Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers

Abstract: This rulemaking would amend the regulations for crewmember and dispatcher training programs in domestic, flag,

and supplemental operations. The rulemaking would enhance traditional training programs by requiring the use of flight

simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to

safety. The rulemaking would also reorganize and revise the qualification and training requirements. The changes are intended

to contribute to reducing aviation accidents.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 14 CFR 119; 14 CFR 121; 14 CFR 135; 14 CFR 142; 14 CFR 65 (To search for a specific CFR, visit the

Code of Federal Regulations ) 

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701; 49 USC 44702; 49 USC

44705; 49 USC 44709 to 44711; 49 USC 44713; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC 44901; 49 USC

44903; 49 USC 44904; 49 USC 44912; 49 USC 46105

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking is part of the FAA's efforts to reduce fatal accidents in which human error was a

major contributing cause. The changes would reduce human error and improve performance among flight crewmembers, flight

attendants, and aircraft dispatchers. National Transportation Safety Board (NTSB) investigations identified several areas of

inadequate training that were the probable cause of an accident. This rulemaking contains changes to address the causes and

factors identified by the NTSB.

Legal Basis: The FAA's authority to issue rules on aviation safety is found in title 49 of the United States Code. This

rulemaking is promulgated under the authority described in 49 U.S.C. 44701(a)(5), which requires the Administrator to

promulgate regulations and minimum standards for other practices, methods, and procedures necessary for safety in air

commerce and national security.

Alternatives: During the Notice of Proposed Rulemaking (NPRM) phase, the FAA did not find any significant alternatives in

accordance with 5 U.S.C. section 603(d). The FAA will again review alternatives at the final rule phase.

Costs and Benefits: The FAA is developing the costs and benefits of this rulemaking

Risks: The FAA will review specific risks associated with this rulemaking.

Timetable:

Action Date FR Cite

NPRM 01/12/2009 74 FR 1280 

Proposed Rule; Notice of Public Meeting 03/12/2009 74 FR 10689 

NPRM Comment Period Extended 04/20/2009 74 FR 17910 

NPRM Comment Period End 05/12/2009 

Extended NPRM Comment Period End 08/10/2009 

Supplemental NPRM 05/20/2011 76 FR 29336 

Supplemental NPRM Comment Period Extended 06/23/2011 76 FR 36888 

Supplemental NPRM Comment Period End 07/19/2011 

Extended Supplemental NPRM Comment Period End 09/19/2011 

Analyzing Comments 01/00/2012 

Additional Information: For flight crewmember information contact James K. Sheppard, for flight attendant information

contact Nancy Lauck Claussen, and for aircraft dispatcher information contact Leo Hollis, Air Carrier Training Branch (AFS-210),

Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone

(202) 267 8166.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Nancy L. Claussen

Federal Aviation Administration

Department of Transportation

32

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Federal Aviation Administration

800 Independence Avenue SW

Washington , DC 20591 

Phone: 202 267-8166 

E-Mail: nancy.claussen@faa.gov

Department of Transportation (DOT) 

Federal Aviation Administration ( FAA ) RIN: 2120-AJ89

 View Related Documents

Title: New York Congestion Management Rule for LaGuardia Airport, John F. Kennedy International Airport, and Newark

Liberty International Airport

Abstract: This rulemaking would replace the current temporary orders limiting scheduled operations at LaGuardia Airport,

John F. Kennedy International Airport, and Newark Liberty International Airport with a more permanent rule to address the

issues of congestion and delay at the New York area ́s three major commercial airports, while also promoting fair access and

competition. The rulemaking would help ensure that congestion and delays are managed by limiting scheduled and unscheduled

operations. The rulemaking would also establish a secondary market for U.S. and foreign air carriers to buy, sell, trade, and

lease slots amongst each other at each of the three airports. This would allow carriers serving or seeking to serve the New York

area airports to exchange slots as their business models and strategic goals require.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 14 CFR 93 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 40109; 49 USC 40113; 49 USC 44502; 49 USC

44514; 49 USC 44701; 49 USC 44719; 49 USC 46301

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking would replace the current temporary orders limiting scheduled operations at

LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport with a more permanent rule

to address the issues of congestion and delay at the New York area's three major commercial airports, while also promoting

fair access and competition. The rulemaking would help ensure that congestion and delays are managed by limiting scheduled

and unscheduled operations. The rulemaking would also establish a secondary market for U.S. and foreign air carriers to buy,

sell, trade, and lease slots amongst each other at each of the three airports. This would allow carriers serving or seeking to

serve the New York area airports to exchange slots as their business models and strategic goals require.

Legal Basis: This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, sections 40101,

40103, 40105, and 41712. The Secretary of Transportation (Secretary) is the head of the DOT and has broad oversight of

significant FAA decisions. See 49 U.S.C. 102 and 106. In addition, under 49 U.S.C. 41712, the Secretary has the authority to

investigate and prohibit unfair and deceptive practices and unfair methods of competition in air transportation or the sale of air

transportation. The FAA has broad authority under 49 U.S.C. 40103 to regulate the use of the navigable airspace of the United

States. This section authorizes the FAA to develop plans and policy for the use of navigable airspace and to assign the use the

FAA deems necessary for safe and efficient utilization. It further directs the FAA to prescribe air traffic rules and regulations

governing the efficient utilization of navigable airspace. Not only is the FAA required to ensure the efficient use of navigable

airspace, but it must do so in a manner that does not effectively shut out potential operators at the airport and in a manner that

acknowledges competitive market forces. These authorities empower the DOT to ensure the efficient utilization of airspace by

limiting the number of scheduled and unscheduled aircraft operations at JFK, EWR, and LGA, while balancing between

promoting competition and recognizing historical investments in the airport and the need to provide continuity. They also

authorize the DOT to investigate the transfer of slots and to limit or prohibit anti-competitive transfers.

Alternatives: The FAA considered two alternatives. The first alternative was to simply extend the existing orders. This

alternative was rejected because the FAA wanted to increase competition by making slots available to more operators. The

FAA believes these operators are likely to be small entities. The second alternative was to remove the existing orders. This

alternative results in unacceptable delay costs from the increase in operations.

Costs and Benefits: TBD

Risks: The FAA will review specific risks associated with this rulemaking.

Timetable:

Action Date FR Cite

33

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Molly W. Smith

Federal Aviation Administration

Department of Transportation

Federal Aviation Administration

800 Independence Avenue SW

Washington , DC 20591 

Phone: 202 267-3344 

E-Mail: molly.w.smith@faa.gov

Department of Transportation (DOT) 

Federal Aviation Administration ( FAA ) RIN: 2120-AJ53

 View Related Documents

Title: Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments

Abstract: This rulemaking would change equipment and operating requirements for commercial helicopter operations,

including many specifically for helicopter air ambulance operations. This rulemaking is necessary to increase crew, passenger,

and patient safety. The intended effect is to implement National Transportation Safety Board, Aviation Rulemaking Committee,

and internal FAA recommendations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 14 CFR 1; 14 CFR 135; 14 CFR 91 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40101 to 40103; 49 USC 40120; 49 USC 41706; 49 USC 41721;

49 USC 44101; 49 USC 44106; 49 USC 44111; 49 USC 46306; 49 USC 46315; 49 USC 46316; 49 USC 46504; 49 USC

46506; 49 USC 46507; 49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531

Legal Deadline: None

Regulatory Plan:

Statement of Need: Since 2002, there has been an increase in fatal helicopter air ambulance accidents. The FAA has

undertaken initiatives to address common factors that contribute to helicopter air ambulance accidents, including issuing

notices, handbook bulletins, operations specifications, and advisory circulars (ACs). This rule would codify many of those

initiatives, as well as several NTSB and part 125/135 Aviation Rulemaking Committee recommendations. In addition, the House

of Representatives and the Senate introduced legislation in the 111th Congress and in earlier sessions that would address

several of the issues raised in this rulemaking.

Legal Basis: This rulemaking is promulgated under the authority described in 49 U.S.C. 44701(a)(4), which requires the

Administrator to promulgate regulations in the interest of safety for the maximum hours or periods of service of airmen and

other employees of air carriers, and 49 U.S.C. 44701(a)(5), which requires the Administrator to promulgate regulations and

minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security.

Alternatives: Alternative One: The alternative would change the compliance date from 3 years to 4 years after the effective

rule date to install all required pieces of equipment. This would help small business owners cope with the burden of the

expenses because they would be able to integrate these pieces of equipment over a longer period of time. This alternative is

not preferred because it would delay safety enhancements. Alternative Two: The alternative would exclude the HTAWS unit from

this proposal. Although this alternative would reduce annualized costs to small air ambulance operators by approximately 12

percent and the ratio of annualized cost to annual revenue would decrease from a range of between 1.76 percent and 1.88

percent to a range of between 1.55 percent and 1.65 percent, the annualized cost would still be significant for all 35 small air

ambulance operators. The alternative not only does not eliminate the problem for a substantial number of small entities, but also

would reduce safety. The HTAWS is an outstanding tool for situational awareness in all aspects of flying, including day, night,

and instrument meteorological conditions. Therefore the FAA believes that this equipment is a significant enhancement for

safety. Alternative Three: The alternative would increase the requirement of certificate holders from 10 to 15 helicopters or more

that are engaged in helicopter air ambulance operations to have an Operations Control Center. The FAA believes that operators

with 10 or more helicopters engaged in air ambulance operations would cover 66 percent of the total population of the air

ambulance fleet in the U.S. The FAA believes that operators with 15 or more helicopters would decrease the coverage of the

34

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
population to 50 percent. Furthermore, complexity issues arise and considerably increase with operators of more than 10

helicopters. All alternatives above are not considered to be acceptable by the FAA in accordance with 5 U.S.C. 603(c).

Costs and Benefits: The FAA is currently developing costs and benefits.

Risks: Helicopter air ambulance operations have several characteristics that make them unique, including that they are not

limited to airport locations for picking up and dropping off patients, but may pick up a person at a roadside accident scene and

transport him or her directly to a hospital. Helicopter air ambulance operations are also often time-sensitive. A helicopter air

ambulance flight may be crucial to getting a donor organ or critically ill or injured patient to a medical facility as efficiently as

possible. Additionally, patients generally are not able to choose the helicopter air ambulance company that provides them with

transportation. Despite the fact that there are unique aspects to helicopter air ambulance operations, they remain, at their core,

air transportation. Accordingly, the FAA has the responsibility for ensuring the safety of these operations.

Timetable:

Action Date FR Cite

NPRM 10/12/2010 75 FR 62640 

NPRM Comment Period End 01/10/2011 

Final Rule 07/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Alberta Brown 

Air Transportation Division

Department of Transportation

Federal Aviation Administration

800 Independence Avenue SW

Washington , DC 20591 

Phone: 202 267-8321 

Department of Transportation (DOT) 

Federal Aviation Administration ( FAA ) RIN: 2120-AJ86

 View Related Documents

Title: Safety Management Systems for Certificate Holders

Abstract: This rulemaking would require each certificate holder operating under 14 CFR part 121 to develop and implement a

Safety Management System (SMS) to improve the safety of its aviation related activities. A SMS is a comprehensive, processoriented approach to managing safety throughout an organization. An SMS includes an organization-wide safety policy; formal

methods for identifying hazards, controlling, and continually assessing risk and safety performance; and promotion of a safety

culture. SMS stresses not only compliance with technical standards but increased emphasis on the overall safety performance

of the organization.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 14 CFR 121 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 41706; 49 USC 44101; 49 USC 44701; 49 USC

44702; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC

46105

Legal Deadline: Congress passed Public Law 111-216 that instructs FAA to conduct a rulemaking to require all part 121 air

carriers to implement a Safety Management System (SMS). This act further states that FAA shall consider at a minimum each

of the following as part of the SMS rulemaking: (1) An Aviation Safety Action Program (ASAP); (2) a Flight Operations Quality

Assurance Program (FOQA); (3) a Line Operations Safety Audit (LOSA); and (4) an Advance Qualifications Program.

Action Source Description Date

NPRM Statutory 10/29/2010 

Other Statutory Final Rule 07/30/2012 

Regulatory Plan:

Statement of Need: Passage of the Airline Safety and FAA Extension Act of 2010 (Pub. L. 111-216), section 215 "Safety

Management System" directs the Administrator to conduct a rulemaking to require all part 121 air carriers to implement a safety

35

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
management system (SMS). The Act requires an NPRM within 90 days and a final rule not later than 24 months from

enactment of Public Law 111-216.

Legal Basis: Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216), section 215,

signed by President on August 1, 2010.

Alternatives: The Rulemaking Team considered including parts 135 (air carriers) and 145 (repair stations) to the rule but did

not because of time restraints.

Costs and Benefits: Costs and benefits of this final rule are still in development. An initial cost estimate for SMS

implementation over 3 years is $270,000 (small carrier), $373,950 (medium carrier), and $1,135,500 (large carrier) with total

cost for 90 part 121 carriers of $52,276,200. However, given the flexibility of SMS, and expected safety improvements, benefits

are expected to exceed costs.

Risks: Commercial air carrier accident rate in the U.S. has remained relatively constant over the past 10 years. However, the

recent trend of hazards include many that could have been mitigated or eliminated had a structured, organization-wide

approach to managing air carriers' operations been in place. SMS is a comprehensive, process-oriented approach to managing

safety throughout an organization, and stresses not only compliance with technical standards but increased emphasis on the

overall safety performance of the organization. The potential reduction of risks would be averted causalities, aircraft damage,

and accident investigation costs by identifying safety issues and spotting trends before they result in a near-miss, incident, or

accident.

Timetable:

Action Date FR Cite

NPRM 11/05/2010 75 FR 68224 

NPRM Comment Period Extended 01/31/2011 76 FR 5296 

NPRM Comment Period End 02/03/2011 

Extended NPRM Comment Period End 03/07/2011 

Final Rule 07/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Split From 2120-AJ15

Agency Contact: Scott VanBuren Department of Transportation

Federal Aviation Administration

800 Independence Avenue SW

Washington , DC 20591 

Phone: 202 494-8417 

E-Mail: scott.vanburen@faa.gov

Department of Transportation (DOT) 

Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126-AB11

 View Related Documents

Title: Carrier Safety Fitness Determination

Abstract: This rulemaking would revise 49 CFR part 385, Safety Fitness Procedures, in accordance with the Agency ́s major

new initiative, Comprehensive Safety Analysis (CSA). CSA is a new operational model FMCSA plans to implement that is

designed to help the Agency carry out its compliance and enforcement programs more efficiently and effectively. Currently, the

safety fitness rating of a motor carrier is determined based on the results of a very labor intensive compliance review conducted

at the carrier ́s place of business. Aside from roadside inspections and new audits, the compliance review is the Agency ́s

primary intervention. Under CSA, FMCSA would propose to implement a broader array of progressive interventions, some of

which allow FMCSA to make contact with more carriers. Through this rulemaking FMCSA would establish safety fitness

determinations based on safety data from crashes, inspections, and violation history rather than just the standard compliance

review. This will enable the Agency to assess the safety performance of a greater segment of the motor carrier industry with the

goal of further reducing large truck and bus crashes and fatalities.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 49 CFR 385 (To search for a specific CFR, visit the Code of Federal Regulations ) 

36

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Legal Authority: Sec 4009 of TEA-21

Legal Deadline: None

Regulatory Plan:

Statement of Need: Because of the time and expense associated with the on-site compliance review, only a small fraction

of carriers (approximately 12,000) receive a safety fitness determination each year. Since the current safety fitness

determination process is based exclusively on the results of an on-site compliance review, the great majority of carriers subject

to FMCSA jurisdiction do not receive a timely determination of their safety fitness. The proposed methodology for determining

motor carrier safety fitness should correct the deficiencies of the current process. In correcting these deficiencies, FMCSA has

made a concerted effort to develop a "transparent" method for the Safety Fitness Determination (SFD) that would allow each

motor carrier to understand fully how FMCSA established that carrier's specific SFD.

Legal Basis: This rule is based primarily on the authority of 49 U.S.C. 31144, which directs the Secretary of Transportation

to "determine whether an owner or operator is fit to operate a commercial motor vehicle" and to "maintain by regulation a

procedure for determining the safety fitness of an owner or operator." This statute was first enacted as part of the Motor Carrier

Safety Act of 1984, section 215, Public Law 98-554, 98 Stat. 2844 (Oct. 30, 1984). The proposed rule also relies on the

provisions of 49 U.S.C. 31133, which gives the Secretary "broad administrative powers to assist in the implementation" of the

provisions of the Motor Carrier Safety Act now found in chapter 311 of title 49, U.S.C. These powers include, among others,

authority to conduct inspections and investigations, compile statistics, require production of records and property, prescribe

recordkeeping and reporting requirements and to perform other acts considered appropriate. These powers are used to obtain

the data used by the Safety Management System and by the proposed new methodology for safety fitness determinations.

Under 49 CFR 1.73(g), the Secretary has delegated the authority to carry out the functions in subchapters I, III, and IV of

chapter 311, title 49, U.S.C., to the FMCSA Administrator. Sections 31133 and 31144 are part of subchapter III of chapter 311.

Alternatives: The Agency has been considering only two alternatives: The no-action alternative and the proposal.

Costs and Benefits: The Agency has estimated the crash-reduction benefit from the change to the proposed safety fitness

determination process to be about $441 million annually. The total cost is estimated at $13 million annually. Net benefits are

about $428 million annually.

Risks: A risk of incorrectly identifying a compliant carrier as non-compliant -- and consequently subjecting the carrier to

unnecessary expenses -- has been analyzed and has been found to be negligible under the process being proposed.

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: David Miller 

Regulatory Development Division

Department of Transportation

Federal Motor Carrier Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-5370 

E-Mail: fmcsaregs@dot.gov

Department of Transportation (DOT) 

Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126-AA97

 View Related Documents

Title: National Registry of Certified Medical Examiners

Abstract: This rulemaking would establish training, testing, and certification standards for medical examiners responsible for

certifying that interstate commercial motor vehicle (CMV) drivers meet established physical qualifications standards; provide a

database (or National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and

Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of

interstate truck and bus drivers; and require medical examiners to transmit electronically to FMCSA the name of the driver and

37

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
a numerical identifier for each driver that is examined. The rulemaking would also establish the process by which medical

examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in

response to section 4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEALU).

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 49 CFR 390; 49 CFR 391 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-59 (2005), sec 4116

Legal Deadline: 

Action Source Description Date

Other Statutory 08/10/2006 

Regulatory Plan:

Statement of Need: In enacting the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

(SAFETEA-LU) (Pub. L. 109-59, Aug. 10, 2005), Congress recognized the need to improve the quality of the medical

certification of drivers. SAFETEA-LU addresses the requirement for medical examiners to receive training in physical

examination standards and be listed on a national registry of medical examiners as one step toward improving the quality of the

commercial motor vehicle (CMV) driver physical examination process and the medical fitness of CMV drivers to operate CMVs.

The safety impact will result from ensuring that medical examiners have completed training and testing to demonstrate that they

fully understand FMCSA's physical qualifications standards and are capable of applying those standards consistently, thereby

decreasing the likelihood that a medically unqualified driver may obtain a medical certificate.

Legal Basis: The fundamental legal basis for the National Registry program comes from 49 U.S.C. 31149(d), which requires

FMCSA to establish and maintain a current national registry of medical examiners that are qualified to perform examinations of

CMV drivers and to issue medical certificates. FMCSA is required to remove from the registry any medical examiner who fails to

meet or maintain qualifications established by FMCSA. In addition, in developing its regulations, FMCSA must consider both the

effect of driver health on the safety of CMV operations and the effect of such operations on driver health, 49 U.S.C. 31136(a).

Alternatives: The rulemaking is statutorily mandated. Thus, the Agency must establish the National Registry.

Costs and Benefits: We estimated 10-year costs (discounted at 7 percent) at $700,783 million, total benefits at

$1,144,961 million, and net benefits over 10 years at $444,177 million.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.

Timetable:

Action Date FR Cite

NPRM 12/01/2008 73 FR 73129 

NPRM Comment Period End 01/30/2009 

Final Rule 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Dr. Mary D. Gunnels

Director, Office of Medical Programs

Department of Transportation

Federal Motor Carrier Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-4001 

E-Mail: maggi.gunnels@dot.gov

Department of Transportation (DOT) 

Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126-AB20

 View Related Documents

Title: Electronic On-Board Recorders and Hours of Service Supporting Documents

38

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Abstract: This rulemaking will consider revisions to RIN 2126-AA89 (Electronic On-Board Recorders for Hours of Service

Drivers) to expand the number of motor carriers required to install and operate Electronic On-Board Recorders (EOBRs).

FMCSA is consolidating this follow-up to the EOBR rule with the Hours Of Service Of Drivers: Supporting Documents

rulemaking for development of a single NPRM in RIN 2126-AB20. In addressing Hours of Service Supporting Documents

requirements in this new rulemaking, FMCSA will consider reducing or eliminating current paperwork burdens associated with

supporting documents in favor of expanded EOBR use. On January 15, 2010, the American Trucking Associations (ATA) filed a

Petition for a Writ of Mandamus in the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 10-

1009). ATA petitioned the court to direct FMCSA to issue an NPRM on supporting documents in conformance with the

requirements set forth in section 113 of the HMTAA within 60 days after the issuance of the writ and a final rule no later than 6

months after the issuance of the NPRM. The court granted the petition for writ of mandamus on September 30, 2010, ordering

FMCSA to issue an NPRM on the supporting document regulations by December 30, 2010. At the request of the agency, the

DC Circuit extended the deadline to January 31, 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 49 CFR 350; 49 CFR 385; 49 CFR 396; 49 CFR 395 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 49 USC 31502; 31136(a); PL 103.311; 49 USC 31137(a)

Legal Deadline: 

Action Source Description Date

NPRM Judicial 01/31/2011 

Regulatory Plan:

Statement of Need: This rulemaking would improve safety on the Nation's highways by increasing compliance with the

Hours of Service regulations. This rulemaking would require the use of Electronic On-Board Recorders by an expanded

population, and would clarify and specify requirements related to supporting documents.

Legal Basis: Section 31502 of title 49 of the United States Code provides that "[t]he Secretary of Transportation may

prescribe requirements for: (1) Qualifications and maximum hours of service of employees of, and safety of operation and

equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of

equipment of, a motor private carrier, when needed to promote safety of operation." This rulemaking addresses "safety of

operation and equipment" of motor carriers and "standards of equipment" of motor private carriers and, as such, is well within

the authority of 49 U.S.C. 31502. The rulemaking would allow motor carriers to use EOBRs to document drivers' compliance

with the HOS requirements; require some noncompliant carriers to install, use, and maintain EOBRs for this purpose; and

update existing performance standards for on-board recording devices. Section 31136 of title 49 of the United States Code

provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary to "prescribe

regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor

vehicles. At a minimum, the regulations shall ensure that: (1) Commercial motor vehicles are maintained, equipped, loaded, and

operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate

the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate

the vehicles safely; and (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical

condition of the operators."

Alternatives: To be determined.

Costs and Benefits: FMCSA has not yet fully assessed the costs and benefits that might be associated with this activity.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM 02/01/2011 76 FR 5537 

NPRM Comment Period End 02/28/2011 

NPRM Comment Period Extended 03/10/2011 76 FR 13121 

Extended NPRM Comment Period End 05/23/2011 

Additional Information: The Agency previously published an NPRM on this subject under RIN 2126-AA76, "Hours of

Service of Drivers; Supporting Documents" (63 FR 19457, Apr. 20, 1998) and an SNPRM, "Hours of Service of Drivers:

Supporting Documents" (69 FR 63997, Nov. 3, 2004). The Agency withdrew the SNPRM on October 25, 2007, 72 FR 60614.

The previous proceeding can be found in docket No. FMCSA-1998-3706.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

39

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 2126-AA89; Related to 2126-

AA76

Agency Contact: Deborah M. Freund

Senior Transportation Specialist

Department of Transportation

Federal Motor Carrier Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-5370 

E-Mail: deborah.freund@dot.gov

Department of Transportation (DOT) 

National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK79

 View Related Documents

Title: Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017 and Beyond

Abstract: This rulemaking would establish Corporate Average Fuel Economy (CAFE) standards for light trucks and passenger

cars for model years 2017 and beyond. This rulemaking would respond to requirements of the Energy Policy and Conservation

Act, as amended by the Energy Independence and Security Act of 2007. The statute requires that CAFE standards be

prescribed separately for passenger automobiles and non-passenger automobiles to achieve a combined fleet fuel economy of

at least 35 mpg by model year 2020. For model years 2021 and beyond, the statute requires that the average fuel economy

required to be attained by each fleet of passenger and non-passenger automobiles be the maximum feasible for each model

year. The law requires the standards be set at least 18 months prior to the start of the model year. On May 21, 2010, President

Obama issued a memorandum directing NHTSA and EPA to conduct a joint rulemaking (NHTSA regulating fuel economy and

EPA regulating greenhouse gas emissions), and to issue a Notice of Intent to Issue a Proposed Rule (NOI) by September 30,

2010.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 49 CFR 533 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 32902; Delegation of Authority at 49 CFR 1.50

Legal Deadline: 

Action Source Description Date

Other Statutory 04/01/2015 

Regulatory Plan:

Statement of Need: This rulemaking would respond to requirements of the Energy Policy and Conservation Act, as

amended by the Energy Independence and Security Act of 2007. The statute requires that corporate average fuel economy

standards be prescribed separately for passenger automobiles and non-passenger automobiles to achieve a combined fleet fuel

economy of at least 35 mpg by model year 2020. For model years 2021 and beyond, the statute requires that the average fuel

economy required to be attained by each fleet of passenger and non-passenger automobiles be the maximum feasible for each

model year. The law requires the standards be set at least 18 months prior to the start of the model year, and for model year

2017, standards must be set by April 1, 2015. On May 21, 2010, President Obama issued a memorandum directing NHTSA

and EPA to conduct joint rulemaking, with NHTSA regulating fuel economy and EPA regulating greenhouse gas emissions.

Legal Basis: Section 32910(d) of title 49 of the United States Code provides that the Administrator may prescribe

regulations necessary to carry out his duties under chapter 329, Automobile Fuel Economy.

Alternatives: The Agency is not pursuing any alternatives.

Costs and Benefits: The costs and benefits of the potential changes addressed in this action have not yet been assessed.

Risks: Depending upon how manufacturers use weight reduction to meet the fuel economy standards, there is a potential

impact on motor vehicle safety. The 2010 NHTSA analysis shows that a 100-pound reduction in weight, while keeping footprint

constant, decreases the fatality rate for light trucks over 3,870 pounds but increases the fatality rate for light trucks less than

3,870 pounds and for all passenger cars. An interagency team from DOT, EPA, and DOE are further examining this issue.

Timetable:

Action Date FR Cite

40

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Notice of Intent (NOI) 10/13/2010 75 FR 62739 

NOI Comment Period End 10/31/2010 

Supplemental NOI 12/08/2010 75 FR 76337 

NPRM 12/01/2011 76 FR 74854 

NPRM Comment Period End 01/30/2012 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: Yes

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise

be of international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Duplicate of 2060-AQ54

Agency Contact: James Tamm 

Fuel Economy Division Chief

Department of Transportation

National Highway Traffic Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 493-0515 

E-Mail: james.tamm@dot.gov

Department of Transportation (DOT) 

National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK93

 View Related Documents

Title: Sound for Hybrid and Electric Vehicles

Abstract: This rulemaking would respond to The Pedestrian Safety Enhancement Act of 2010, which directs the Secretary of

Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other

pedestrians of motor vehicle operation. NHTSA is conducting research in this area and has not yet developed an estimate for

the potential costs and benefits associated with this rulemaking action.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC 30166; 49 USC 322; Delegation of Authority at

49 CFR 1.50

Legal Deadline: Legislation requires the Secretary of Transportation to initiate rulemaking by July 2012 and issue a final

rule not later than January 2014.

Action Source Description Date

NPRM Statutory Initiate rulemaking 07/05/2012 

Other Statutory 01/03/2014 

Regulatory Plan:

Statement of Need: The Pedestrian Safety Enhancement Act of 2010, signed into law on January 4, 2011, directs the

Secretary to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other

pedestrians of motor vehicle operation. Prior to that, in June 2008, NHTSA held a public meeting to provide a forum for

interested parties to discuss the issue of quieter cars and established a docket (Docket No. NHTSA-2008-0108) to collect

information on the issue. Subsequently, the Agency developed and initiated a research plan to identify the critical safety

scenarios in which quieter vehicles may pose a hazard to blind and other pedestrians; identify and evaluate various

countermeasures to address the safety problem; and support the development of a specification for an artificial vehicle sound.

Legal Basis: Section 30111, title 49 of the U.S.C. states that the Secretary shall prescribe motor vehicle safety standards.

Alternatives: The Agency is not pursuing any alternatives.

Costs and Benefits: The costs and benefits of the potential changes addressed in this action have not yet been assessed.

41

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Risks: The Agency believes that there are no significant risks associated with this rulemaking and that only beneficial

outcomes will occur.

Timetable:

Action Date FR Cite

NPRM 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise

be of international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Marisol Medri 

Safety Engineer

Department of Transportation

National Highway Traffic Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-6987 

E-Mail: marisol.medri@dot.gov

Department of Transportation (DOT) 

National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK96

 View Related Documents

Title: Motorcoach Rollover Structural Integrity

Abstract: This rulemaking would promulgate a new FMVSS for rollover structural integrity requirements for motorcoaches. In

August 2007, NHTSA published a motorcoach safety plan identifying four specific priority items: Seat belts on motorcoaches,

rollover structural integrity, emergency evacuation, and fire safety. The DOT published a comprehensive motorcoach safety

action plan in November 2009 that reiterated NHTSA's motorcoach safety priorities. This rulemaking also addresses six

recommendations issued by the NTSB on motorcoach roof strength and structural integrity.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 49 CFR 571 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC 30166; 49 USC 322; Delegation of Authority at

49 CFR 1.50

Legal Deadline: None

Regulatory Plan:

Statement of Need: Over the 10-year period between 1999 and 2008, there were 54 fatal motorcoach crashes resulting in

186 fatalities. During this period, on average, 16 fatalities have occurred annually to occupants of motorcoaches in crash and

rollover events, with about 2 of these fatalities being drivers and 14 being passengers. However, while motorcoach

transportation overall is safe, when serious crashes of this vehicle type do occur, they can cause a significant number of fatal or

serious injuries during a single event, particularly when occupants are ejected. This action is consistent with our detailed plans

for improving motorcoach passenger protection, laid out in NHTSA's Approach to Motorcoach Safety 2007 and the Department

of Transportation 2009 Motorcoach Action Plan (Docket No. NHTSA-2007-28793), as well as the Agency's Vehicle Safety and

Fuel Economy Rulemaking and Research Priority Plan 2011 to 2013 (Docket No. NHTSA-2009-0108), and is responsive to six

recommendations issued by the National Transportation Safety Board.

Legal Basis: Section 30111, title 49 of the U.S.C. states that the Secretary shall prescribe motor vehicle safety standards.

Alternatives: The Agency is not pursuing any alternatives.

Costs and Benefits: The costs and benefits of the potential changes addressed in this action have not yet been assessed.

Risks: The Agency believes that there are no significant risks associated with this rulemaking and that only beneficial

outcomes will occur.

Timetable:

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Shashi Kuppa 

Chief, Special Vehicles and Systems Division

Department of Transportation

National Highway Traffic Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-3827 

FAX: 202 493-7002

E-Mail: shashi.kuppa@dot.gov

Department of Transportation (DOT) 

National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK97

 View Related Documents

Title: Electronic Stability Control Systems for Heavy Vehicles

Abstract: This rulemaking would promulgate a new Federal standard that would require stability control systems on truck

tractors and motorcoaches that address both rollover and loss of control crashes, after an extensive research program to

evaluate the available technologies, an evaluation of the costs and benefits, and a review of manufacturer ́s product plans.

Rollover and loss of control crashes involving heavy vehicles is a serious safety issue that is responsible for 304 fatalities and

2,738 injuries annually. They are also a major cause of traffic tie-ups, resulting in millions of dollars of lost productivity and

excess energy consumption each year. Suppliers and truck and motorcoach manufacturers have developed stability control

technology for heavy vehicles to mitigate these types of crashes. Our preliminary estimate produces an effectiveness range of

37 to 56 percent against single-vehicle tractor-trailer rollover crashes and 3 to 14 percent against loss of control crashes that

result from skidding on the road surface. With these effectiveness estimates, annually, we estimate 29 to 66 lives would be

saved, 517 to 979 MAIS 1 to 5 injuries would be reduced, and 810 to 1,693 crashes that involved property damage only would

be eliminated. Additionally, it would save $10 to $26 million in property damage and travel delays. Based on the technology unit

costs and affected vehicles, we estimate technology costs would be $55 to $107 million, annually. However, the costs savings

from reducing travel delay and property damage would produce net benefits of $128 to $372 million.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 49 CFR 571 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC 30166; 49 USC 322; Delegation of Authority at

49 CFR 1.50

Legal Deadline: None

Regulatory Plan:

Statement of Need: Rollover and loss of control crashes involving heavy vehicles is a serious safety issue that is

responsible for 304 fatalities and 2,738 injuries annually. They are also a major cause of traffic tie-ups, resulting in millions of

dollars of lost productivity and excess energy consumption each year. This action is consistent with our detailed plans for

improving motorcoach passenger protection, laid out in NHTSA's Approach to Motorcoach Safety 2007 and the Department of

Transportation 2009 Motorcoach Action Plan (Docket No. NHTSA-2007-28793), as well as the Agency's Vehicle Safety and

Fuel Economy Rulemaking and Research Priority Plan 2011 to 2013 (Docket No. NHTSA-2009-0108), and is responsive to two

recommendations issued by the National Transportation Safety Board.

Legal Basis: Section 30111, title 49 of the U.S.C. states that the Secretary shall prescribe motor vehicle safety standards.

Alternatives: The Agency is not pursuing any alternatives.

Costs and Benefits: The costs and benefits of the potential changes addressed in this action have not yet been assessed.

Risks: The Agency believes that there are no significant risks associated with this rulemaking and that only beneficial

outcomes will occur.

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: George Soodoo 

Chief, Vehicle Safety Dynamics Division (NVS-122)

Department of Transportation

National Highway Traffic Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-2720 

FAX: 202 366-4329

E-Mail: george.soodoo@dot.gov

Department of Transportation (DOT) 

National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK56

 View Related Documents

Title: Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208

Abstract: This rulemaking would require the installation of lap/shoulder belts in newly manufactured motorcoaches.

Specifically, this rulemaking would establish a new definition for motorcoaches in 49 CFR part 571.3. It would also amend

Federal Motor Vehicle Safety Standard No. 208 "Occupant Crash Protection" to require the installation of lap/shoulder belts at

all driver and passenger seating positions. It would also require the installation of lap/shoulder belts at driver seating positions of

large school buses in FMVSS no. 208. This rulemaking responds, in part, to recommendations made by the National

Transportation Safety Board for improving bus safety.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 49 CFR 571.208; 49 CFR 571.3 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC 30166; 49 USC 322; Delegation of Authority at

49 CFR 1.50

Legal Deadline: None

Regulatory Plan:

Statement of Need: Over the 10-year period between 1999 and 2008, there were 54 fatal motorcoach crashes resulting in

186 fatalities. During this period, on average, 16 fatalities have occurred annually to occupants of motorcoaches in crash and

rollover events, with about 2 of these fatalities being drivers and 14 being passengers. However, while motorcoach

transportation overall is safe, when serious crashes of this vehicle type do occur, they can cause a significant number of fatal or

serious injuries during a single event, particularly when occupants are ejected.

Legal Basis: Section 30111, title 49 of the U.S.C., states that the Secretary shall prescribe motor vehicle safety standards.

Alternatives: In addition to the proposed installation of lap/shoulder belts in all passenger seating positions on

motorcoaches, the Agency is also pursuing improvements to motorcoach rollover structural integrity, fire safety, electronic

stability control, and emergency egress to improve occupant protection. Our detailed plans for improving motorcoach passenger

protection can be found in NHTSA's Approach to Motorcoach Safety 2007 and the Department of Transportation 2009

Motorcoach Action Plan (Docket No. NHTSA-2007-28793), as well as the Agency's Vehicle Safety and Fuel Economy

Rulemaking and Research Priority Plan 2011 to 2013 (Docket No. NHTSA-2009-0108). The Agency also alternatively

evaluated proposing the installation of lap belts in all passenger seating positions on motorcoaches and is seeking comments

on the issue of retrofitting older motorcoaches with seat belts.

Costs and Benefits: The anticipated total costs are expected to be $25.8 million for the 2,000 new motorcoaches

produced each year, plus added fuel costs. The Agency estimates the proposal has the potential to save 1 to 8 fatalities and

144 to 794 non-fatal injuries annually assuming a range of seat belt use between 15 and 83 percent. The cost per equivalent

life saved at a 7 percent discount rate is estimated to range from $1.8 to $9.9 million, based on an assumed seat belt use rate

between 83 percent and 15 percent, respectively.

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Risks: The Agency believes there are no substantial risks to this rulemaking, and that only beneficial outcomes will occur as

the industry moves to reduce injuries of motorcoach occupants.

Timetable:

Action Date FR Cite

NPRM 08/18/2010 75 FR 50958 

NPRM Comment Period End 10/18/2010 

Final Rule 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise

be of international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: David Sutula 

Safety Standards Engineer

Department of Transportation

National Highway Traffic Safety Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-3273 

FAX: 202 366-4329

E-Mail: david.sutula@dot.gov

Department of Transportation (DOT) 

Federal Transit Administration ( FTA ) RIN: 2132-AB02

 View Related Documents

Title: Major Capital Investment Projects (RRR)

Abstract: This rulemaking would make changes to the regulations that govern the New Starts discretionary funding program

authorized by 49 U.S.C. 5309. FTA ́s initial rulemaking on this subject (RIN 2132-AA81), initiated to meet the statutory deadline,

was terminated as the result of subsequent congressional action prohibiting FTA from issuing a rule.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 49 CFR 611 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 5309

Legal Deadline: 

Action Source Description Date

Other Statutory 04/07/2006 

Regulatory Plan:

Statement of Need: Section 3011 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for

Users (SAFETEA-LU) made a number of changes to 49 U.S.C. 5309, which authorizes the Federal Transit Administration's

(FTA) fixed guideway capital investment grant program known as "New Starts." SAFETEA-LU also created a new category of

major capital investments that have a total project cost of less than $250 million, and that are seeking less than $75 million in

section 5309 major capital investment funds. This rulemaking proposes to implement those changes and a number of other

changes that FTA believes will improve the process for evaluating major capital investment projects.

Legal Basis: Section 5309, title 49 of the United States Code, requires the Secretary to promulgate regulations for the

evaluation and selection of major capital investment projects that have a total project cost of less than $250 million, and that

are seeking less than $75 million in section 5309 major capital investment funds.

Alternatives: This rulemaking is mandated by section 3011 of SAFETEA-LU, so there is not an alternative to pursuing

rulemaking. Within the rulemaking process, FTA has already issued and has received comments on an Advance Notice of

Proposed Rulemaking that will inform the various options FTA might pursue in the Notice of Proposed Rulemaking.

Costs and Benefits: The single largest change in the New Starts program is the creation in SAFETEA-LU of the "Small

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Starts" program. Over the first 10 years of the Small Starts program, the cumulative impact of transfer from New Starts to Small

Starts will likely be $1.9 Billion, with a Net Present Value of $1.311 Billion using a discount rate of 7 percent. This effect is

difficult to characterize in terms of cost or benefit, as it simply represents a "transfer of a transfer" from one governmental entity

to another.

Risks: The proposed rulemaking provides a framework for a discretionary grant program; it does not propose to regulate

other than for applicants for Federal funds. As such, the rulemaking poses no risks for the regulated community, other than for

the risks inherent in pursuing Federal funds that might not be awarded if a project fails to satisfy the eligibility and evaluation

criteria in the proposed regulatory structure.

Timetable:

Action Date FR Cite

ANPRM 06/03/2010 75 FR 31383 

ANPRM Comment Period End 08/02/2010 

NPRM 01/00/2012 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Christopher VanWyk 

Attorney Advisor

Department of Transportation

Federal Transit Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-1733 

E-Mail: christopher.vanwyk@fta.dot.gov

Department of Transportation (DOT) 

Maritime Administration ( MARAD ) RIN: 2133-AB74

 View Related Documents

Title: Regulations To Be Followed by All Departments, Agencies, and Shippers Having Responsibility To Provide a

Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels

Abstract: This rulemaking would revise and clarify the Cargo Preference rules that have not been revised substantially since

1971. Revisions would include an updated purpose and definitions section along with the removal of obsolete provisions. This

rulemaking also would establish a new part 383 of the Cargo Preference regulations. This rulemaking would cover Public Law

110-417, section 3511, National Defense Authorization Act for FY 2009 changes to the cargo preference rules, which have not

been substantially revised since 1971. The rulemaking also would include compromise, assessment, mitigation, settlement, and

collection of civil penalties. Originally the agency had two separate rulemakings in process under RIN 2133-AB74 and 2133-

AB75. RIN 2133-AB74 would have revised existing regulations and RIN 2133-AB75 would have established a new part 383:

Guidance and Civil Penalties and implement Public Law 110-417, section 3511, National Defense Authorization Act for FY 2009.

MARAD has decided it would be more efficient to merge both efforts under one; RIN 2133-AB75 has been merged with this

action.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 381 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 CFR 1.66; 46 app USC 1101; 46 app USC 1241; 46 USC 2302 (e)(1); PL 91-469

Legal Deadline: None

Regulatory Plan:

Statement of Need: On September 4, 2009, the USDA, MARAD, and USAID entered into a MOU regarding the proper

implementation of the Cargo Preference Act. The MOU establishes procedures and standards by which owners and operators

of oceangoing cargo ships may seek to designate each of their vessels as either a dry bulk carrier or a dry cargo liner,

according to specified service-based criteria. With the help of OMB, these agencies are in the process of negotiating updates to

the comprehensive cargo preference rule, which has not been significantly changed since 1971.

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Legal Basis: The Cargo Preference Act requires that Federal agencies take necessary and practicable steps to ensure that

privately owned U.S.-flag vessels transport at least 50 percent of the gross tonnage of cargo sponsored under Federal

programs to the extent such vessels are available at fair and reasonable rates for commercial vessels of the U.S., in a manner

that will ensure a fair and reasonable participation of commercial vessels of the U.S. in those cargoes by geographic areas. 46

U.S.C. 55305(b). An additional 25 percent of gross tonnage of certain food assistance programs is to be transported in

accordance with the requirements of 46 U.S.C. 55314.

Alternatives: TBD

Costs and Benefits: TBD

Risks: TBD

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 2133-AB75

Agency Contact: Christine Gurland Department of Transportation

Maritime Administration

1200 New Jersey Avenue SE

Washington , DC 20590 

Phone: 202 366-5157 

E-Mail: christine.gurland@dot.gov

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan