### DEPARTMENT OF TRANSPORTATION (DOT)

I n t roduction: 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, public transportation, 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. In addition, 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 DOT 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 goals in the Department’s Strategic Plan for

Fiscal Years 2012-2016:

• Safety: Improve safety by “reducing transportation-related fatalities and injuries.”

• State of Good Repair: Improve the condition of our Nation’s transportation infrastructure.

• Economic Competitiveness: Foster “smart strategic investments that will serve the traveling public and facilitate freight movements.”

• Livable Communities: Foster livable communities through “coordinated, place-based policies and investments that increase transportation choices and access to transportation services.”

• Environmental Sustainability: Advance environmental sustainability “through strategies such as fuel economy standards for cars and trucks, more environmentally sound construction andoperational practices, and by expanding opportunities for shifting freight from less fuelefficient modes to more fuel-efficient modes.”

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

T h is regulatory plan identifies the Department’s regulatory priorities—the 19 pending rulemakings chosen, from among the dozens of significant rulemakings listed in the Department’s 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 and revise motor carrier safety fitness
procedures.

• The National Highway Traffic Safety Administration (NHTSA) will continue its rulemaking efforts to reduce death and injury resulting from incidents involving motorcoaches.

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 retrospective reviews and its 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 supervises and coordinates modal initiatives and has its own regulatory responsibilities, such as consumer protection in the aviation industry.

### T h e 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 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

u s e of direct final rulemaking; the use of regulatory negotiation; a continually expanding and improved Internet page that provides important regulatory information, including “effects” reports and status reports (http://www.dot.gov/regulations); 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.

The Department’s 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, E.O. 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 that 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. Pursuant to section 6 of E.O. 13563, the following Regulatory Identifier Numbers (RINs) have been identified as associated with retrospective review and analysis in the Department’s final retrospective review of regulations plan. Some of these entries on this list may be completed actions, which do not appear in The Regulatory Plan. 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 that agency. These rulemakings can also be found on Regulations.gov. The final agency plan can be found at

### http://www.dot.gov/regulations.

R I N TITLE Significantly Reduces Costs on Small Businesses

1. 2120-AJ90 Effective Tether System (Tether Rule) (RRR)

2. 2120-AJ94 Enhanced Flight Vision System (EFVS) (RRR)

3. 2120-AJ97 14 CFR Part 16; Rules of Practice for Federally-Assisted

Airport Enforcement Proceedings (RRR) Y

4. 2120-AK01 Combined Drug and Alcohol Testing Programs for

Operators Conducting Commercial Air Tours (RRR) Y

5. 2120-AK11 Minimum Altitudes for Use of Autopilots (RRR)

6. 2120-AK28 Part 61 and 91 Recommended Rule Changes (RRR)

7. 2120-AK32 Acceptance Criteria for Portable Oxygen Concentrators

Used Onboard Aircraft (RRR)

8. 2125-AF44 Administration of Engineering and Design Related Service

Contracts (RRR)

9. 2126-AB46 Inspection, Repair, and Maintenance; Driver-Vehicle

Inspection Report (RRR) Y

10. 2126-AB47 Electronic Signatures (E-Signatures) (RRR) Y

11. 2126-AB49 Elimination of Redundant Maintenance Rule (RRR) Y

12. 2127-AK99 Federal Motor Vehicle Standard No. 108; Lamps, reflective

devices, and associated equipment - Color Boundaries (RRR) Y

13. 2127-AL05 Amend FMVSS No. 210 to Incorporate the Use of a New

Force Application Device (RRR) Y

14. 2127-AL24 Rapid Tire Deflation Test in FMVSS No. 110 (RRR)

15. 2130-AC27 Positive Train Control Systems Amendments (RRR) Y

16. 2130-AC32 Positive Train Control Systems: De Minimis Exception,

Yard Movements, En Route Failures; Miscellaneous Grade Crossing/Signal and Train Control Amendments Y

### (RRR)

17. 2130-AC40 Qualification and Certification of Locomotive Engineers;

Miscellaneous Revisions (RRR)

18. 2130-AC41 Hours of Service Recordkeeping; Electronic

Recordkeeping Amendments (RRR)

19. 2130-AC43 Safety Glazing Standards; Miscellaneous Revisions (RRR)

20. 2130-AC44 Revisions to Signal System Reporting Requirements

(RRR)

21. 2132-AB02 Major Capital Investment Projects (RRR)

22. 2132-AB03 Environmental Impact and Related Procedures (RRR)

23. 2133-AB79 Administrative Claims, Part 327 (RRR)

24. 2137-AE38 Hazardous Materials: Compatibility With the Regulations

of the International Atomic Energy Agency (IAEA) (RRR)

25. 2137-AE62 Hazardous Materials: Approval and Communication

Requirements for the Safe Transportation of Air Bag Inflators, Air Bag Modules, and Seat-Belt Pretensioners (RRR) Y

26. 2137-AE70 Hazardous Materials: Revision of Requirements for

Fireworks Approvals (RRR) Y

27. 2137-AE72 Pipeline Safety: Safety of Gas Transmission

Pipelines(RRR) Y

28. 2137-AE78 Hazardous Materials: Miscellaneous Amendments (RRR) Y

29. 2137-AE79 Hazardous Materials: Miscellaneous Amendments;

Petitions for Rulemaking (RRR) Y

30. 2137-AE80 Hazardous Materials: Miscellaneous Pressure Vessel

Requirements (DOT Spec Cylinders) (RRR) Y

31. 2137-AE81 Hazardous Materials: Reverse Logistics (RRR) Y

32. 2137-AE82 Hazardous Materials: Incorporation of Certain Special

Permits and Competent Authorities into the HMR (RRR) Y

33. 2137-AE85 Pipeline Safety: Periodic Updates of Regulatory

References to Technical Standards and Miscellaneous

### Amendments (RRR)

34. 2137-AE86 Hazardous Materials: Requirements for the Safe

Transportation of Bulk Explosives (RRR)

35. 2137-AE87 Hazardous Materials: Harmonization with International

Standards (RRR)

36. 2137-AE91 Hazardous Materials: Rail Petitions and

Recommendations to Improve the Safety of Railroad Tank Car Transportation (RRR) Y

37. 2137-AE94 Pipeline Safety: Operator Qualification, Cost Recovery and

Other Pipeline Safety Proposed Changes Miscellaneous Amendments Related to Reauthorization and Petitions for Rulemaking (RRR*) Y

International Regulatory Cooperation

E.O. 13609 (Promoting International Regulatory Cooperation) stresses that “[i]n an increasingly global economy, international regulatory cooperation, consistent with domestic law and prerogatives and U.S. trade policy, can be an important means of promoting the goals of” E.O. 13563 to “protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation.” DOT has long recognized the value of international regulatory cooperation and has engaged in a variety of activities with both foreign governments and international bodies. These activities have ranged from cooperation in the development of particular standards to discussions of necessary steps for rulemakings in general, such as risk assessments and cost-benefit analyses of possible standards. Since the issuance of E.O. 13609, we have increased our efforts in this area. For example, many of DOT’s Operating Administrations are active in groundbreaking government-wide Regulatory Cooperation Councils (RCC) with Canada, Mexico, and the European Union. These RCC working groups are setting a precedent in developing and testing approaches to international coordination of rulemaking to reduce barriers to international trade. We also have been exploring innovative approaches to ease the development process.

### Examples of the many cooperative efforts we are engaged in include the following:

The FAA maintains ongoing efforts with foreign civil aviation authorities, including in particular the European Aviation Safety Agency and Transport Canada, to harmonize standards and practices where doing so will improve the safety of aviation and aviation-related activities. The FAA also plays an active role in the standard-setting work of the International Civil Aviation Organization (ICAO), particularly on the Air Navigation Commission and the Legal Committee. In doing so, the FAA works with other Nations to shape the standards and recommended practices adopted by ICAO. The FAA’s rulemaking actions related to safety management systems are examples of the

FAA’s harmonization efforts.

As a signatory of the 1998 Agreement on the Harmonization of Vehicle Regulations, NHTSA is an active participant in the World Forum for Vehicle Regulations (WP.29) at the UN. Under that umbrella, NHTSA is working on the development of harmonized regulations for the safety of electric vehicles; hydrogen and fuel cell vehicles; advanced head restraints; pole side impact test procedures; pedestrian protection; the safety risks associated with quieter vehicles, such as electric and hybrid electric vehicles; and advancements in tires.

Further, NHTSA is working bilaterally with Transport Canada to facilitate our Joint Action Plans under the Motor Vehicles Working Group of the U.S. – Canada RCC. Under these plans, NHTSA is working very closely with its counterparts within Transport Canada on the development of international standards on quieter vehicles, electric vehicle safety, and hydrogen and fuel cell

vehicles.

PHMSA’s hazardous material group works with ICAO, the UN Subcommittee of Experts on Dangerous Goods, and the International Maritime Organization. Through participation in these

### international bodies, PHMSA is able to advocate on behalf of U.S. safety and commercial

i n t erests to guide the development of international standards with which U.S. businesses have to comply when shipping in international commerce. PHMSA additionally participates in the RCC with Canada and has a Memorandum of Cooperation in place to ensure that cross-border shipments are not hampered by conflicting regulations. The pipeline group at PHMSA incorporates many standards by reference into the Pipeline Safety Regulations, and the development of these standards benefit from the participation of experts from around the world.

In the areas of airline consumer protection and civil rights regulation, OST is particularly conscientious in seeking international regulatory cooperation. For example, the Department participates in the standard-setting activities of ICAO and meets and works with other governments and international airline associations on the implementation of U.S. and foreign

aviation rules.

For a number of years the Department has also provided information on which of its rulemaking actions have international effects. This information, updated monthly, is available at the Department’s regulatory information website, http://www.dot.gov/regulations, under the heading “Effects Reports.” (The reports can be found under headings for “EU,” “NAFTA” (Canada and Mexico) and “Foreign.”) A list of our significant rulemakings that are expected to

ha v e international effects follows; the identifying RIN provided below can be used to find summary and other information about the rulemakings in the Department’s Regulatory Agenda published along with this Plan:

DOT Significant Rulemakings with International Impacts

RIN Title 2105- Stowage and Assistive Devices

### 2105- A D 9 1 Accessibility of Airports

2105- AE06 E-Cigarette

2120- AJ34 Super cooled Large Droplet Icing Conditions

2120- AK09 Drug & Alcohol Testing for Repair Stations

2126- AA34 Application by Certain Mexico-Domiciled Motor Carriers to Operate

Beyond U.S. Municipalities and Commercial Zones on the U.S.- Mexico Border

2126- AA35 Safety Monitoring System and Compliance Initiative for MexicoDomiciled Motor Carriers Operating in the United States

2126- AA70 Limitations on the Issuance of Commercial Driver Licenses with a

Hazardous Materials Endorsement

2127- AK43 Rearview Visibility

2127- AK56 Seat Belts on Motor coaches

2127- AK75 Alternative Fuel Usage Labeling & Badging

2127- AK76 Tire Fuel Efficiency Part 2

2127- AK93 Quieter Vehicles Sound Alert

2127- AK95 Side Impact Test Procedure for CRS

2127- AL01 Novelty Helmets Enforcement

2133- AB74 Cargo Preference (RRR)

As we identify rulemakings arising out of our ongoing regulatory cooperation activities that we reasonably anticipate will lead to significant regulations, we will add them to our website report and subsequent Agendas and Plans.

### The Department’s Regulatory Process

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 http://www.dot.gov/regulations, 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.

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), Executive Order 13563, 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 such projects as those concerning aviation economic rules and rules that affect multiple elements of the Department.

### OST provides guidance and training regarding compliance with regulatory requirements and

process for 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; retrospective reviews of rules; 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.

During fiscal year 2014, 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 Enhancing Airline Passenger Protections III

• Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service Animals, and Accessible Lavatories on Single-Aisle Aircraft.

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. It will also oversee the

### Department’s rulemaking actions to implement the “Moving Ahead for Progress in the 21 st



### C e n tury Act” (MAP-21).

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 2014 include continuing to:

• 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.

• Respond to recommendations from Part 23 Reorganization Aviation Rulemaking Aviation Rulemaking Committee (ARC) for improving safety and reducing certification costs for general aviation. The ARC recommendations include a broad range of policy and regulatory changes that it believes could significantly improve the safety of general aviation aircraft while simultaneously reducing certification and modification costs for these aircraft. Among the ARC’s recommendations is a suggestion that compliance with part 23 requirements be performance-based, focusing on the complexity and performance of an aircraft instead of the

### current regulations based on weight and type of propulsion. In announcing the ARC’s

r e c ommendations, the Transportation Secretary said “Streamlining the design and certification process could provide a cost-efficient way to build simple airplanes that still incorporate the latest in safety initiatives. These changes have the potential to save money and maintain our safety standing – a win-win situation for manufacturers, pilots and the general aviation community as a whole.”

• Work cooperatively to harmonize the U.S. aviation regulations with those of other countries, without compromising rigorous safety standards, or our requirements to develop cost benefit analysis. 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 internal analysis, public comment, and 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 2013 through 2014 include:

• Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (2120-AJ00) (Pub. L. 111-216, sec 209 (Aug. 1, 2010)

### • Helicopter Air Ambulance and Commercial Helicopter Safety Initiatives and Miscellaneous

A m endments (2120-AJ53) (Pub. L. 112-95, sec 306 (Feb. 14, 2012))

• Congestion Management for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport (2120-AJ89)

• Safety Management System for Certificate Holders Operating Under 14 CFR part 121 (2120- AJ86) (Pub. L. 111-216, sec 215 (Aug. 1, 2010)

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 slot management at JFK, EWR, and

LGA

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

r u l emaking would:

• 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.

On July 6, 2012, President Obama signed the Moving Ahead for Progress in the 21 st 

### Century

Ac t (MAP-21). MAP-21 authorizes the Federal surface transportation programs for highways, highway safety, and transit for the two-year period from 2012-2014. The FHWA has analyzed MAP-21 to identify congressionally directed rulemakings. These rulemakings will be the FHWA’s top regulatory priorities for the coming year. Additionally, the FHWA is in the process of reviewing all FHWA regulations to ensure that they are consistent with MAP-21 and will update

### those regulations that are not consistent with the recently enacted legislation.

During Fiscal Year 2014, FHWA will continue its focus on improving the quality and performance of our Nation’s highway systems by creating national performance management measures and standards to be used by the States to meet the national transportation goals identified in section 1203 of MAP-21 under the following rulemaking initiatives:

• National Goals and Performance Management Measures (Safety) (RIN: 2125-AF49

• National Goals and Performance Management Measures (Bridges and Pavement) (RIN:

2125-AF53

• National Goals and Performance Management Measures (Congestion Reduction, CMAQ, Freight, and Performance of Interstate/Non-Interstate NHS) (RIN: 2125-AF54).

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, through legislation such as the Moving Ahead for Progress in the 21 st 

### Century (MAP-21) and the

Sa f e, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). FMCSA regulations establish standards for motor carriers, commercial drivers, commercial motor vehicles, and State agencies receiving certain motor carrier safety grants and issuing commercial drivers’ licenses.

FMCSA’s regulatory plan for FY 2014 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) Electronic Logging Devices (RIN 2126-AB20), (2)

### Carrier Safety Fitness Determination (RIN 2126-AB11), and (3) Commercial Driver’s License

D r u g and Alcohol Clearinghouse (RIN 2126-AB18).

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 commercial drivers.

In FY 2014, FMCSA plans to issue a supplemental notice of proposed rulemaking on Electronic Logging Devices (RIN 2126-AB20) to establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs.

In FY 2014, FMCSA will continue its work on the Compliance, Safety, Accountability (CSA) program. The CSA program improves the way FMCSA identifies and conducts carrier compliance and enforcement operations. 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 interventions and an associated rulemaking to put into place a new safety fitness determination 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 2014, FMCSA plans to issue a notice of proposed rulemaking on the Commercial Driver’s License Drug and Alcohol Clearinghouse (RIN 2126-AB18). The rule proposes the establishment of a clearinghouse that would require employers and service agents to report information about current and prospective employees’ drug and alcohol test results. It would also

### require employers and certain service agents to search the Clearinghouse for current and

p r o spective employees’ positive drug and alcohol test results as a condition of permitting those employees to perform safety-sensitive functions. This would provide FMCSA and employers the necessary tools to identify drivers who are prohibited from operating a CMV based on DOT drug and alcohol program violations and ensure that such drivers receive the required evaluation and treatment before resuming safety-sensitive functions.

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 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 safety issue of heavy vehicles and their occupants in fiscal year 2014, including combination truck tractors, large buses, and motorcoaches. The agency plans to issue a notice that would propose promulgation of a new Federal motor vehicle safety standard (FMVSS) for rollover structural integrity requirements for newly manufactured motorcoaches in accordance with NHTSA’s 2007 Motorcoach Safety Plan, DOT’s 2009 departmental Motorcoach Safety Action Plan, and requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. NHTSA will also issue a notice that would propose promulgation of a new FMVSS for electronic stability control systems for motor coaches

### and truck tractors, and expects to promulgate a final rule that will require the installation of

l a p /shoulder belts on motorcoaches. Together, these rulemaking actions will address thirteen recommendations issued by the National Transportation Safety Board related to motorcoach safety.

In fiscal year 2014, NHTSA will continue working toward a final rule on rear visibility to expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small children and disabled persons. This final rule is mandated by the Cameron Gulbransen Kids Transportation Safety Act of 2007. Also in 2014, NHTSA plans to continue work toward a final rule that would establish a new FMVSS to provide a means of alerting blind and other pedestrians of motor vehicle operation. This rulemaking is mandated by the Pedestrian Safety Enhancement Act of 2010 to further enhance the safety of passenger vehicles and pedestrians.

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 reflects a number of pending proceedings to satisfy mandates resulting from the Rail Safety Improvement Act of 2008 (RSIA08), the Passenger Rail Investment and Improvement Act of 2008 (PRIIA), and the Moving Ahead for Progress in the 21 st



### Cen tury Act (MAP-21), as well as actions under its general safety rulemaking authority and actions supporting the Department's High-Speed Rail Strategic Plan. RSIA08 alone has required 21 rulemaking actions, 12 of which have been completed. However, FRA continues to prioritize its rulemakings according to the greatest effect on safety while promoting economic growth, innovation, competitiveness, and job creation, as well as expressed congressional interest, and will work to complete as many rulemakings as possible prior to their statutory deadlines.

Through the Railroad Safety Advisory Committee (RSAC), FRA is working to complete many of the RSIA08 actions, including developing requirements for rail integrity, critical incident stress plans, and employee training. FRA is also developing requirements related to the creation and implementation of railroad risk reduction and system safety programs, both of which are required by RSIA08, and an RSAC working group is developing recommendations for the fatigue management provisions related to both proceedings. FRA is also in the process of finalizing amendments to its unmandated November 2011 final rule on adjacent-track on-track safety for roadway workers and developing other RSAC-supported actions that advance high-speed passenger rail such as proposed rules on standards for alternative compliance with FRA’s Passenger Equipment Safety Standards. Finally, FRA is drafting a final rule in a rulemaking proceeding to address various miscellaneous issues related to the implementation of positive train control systems. FRA expects this regulatory action 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:

• Ensure the safety of public transportation systems.

• 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, often requiring implementation through the rulemaking process. In fact, FTA is currently implementing many of its public transportation programs authorized under MAP-21 through the regulatory process.

As the needs for public transportation have changed over the years, the Federal transit programs have grown in number and complexity often requiring implementation through the rulemaking process. In fact, FTA is currently implementing many of its public transportation programs authorized under MAP-21 through the regulatory process. To that end, FTA’s regulatory priorities include implementing certain requirements of the newly authorized Public Transportation Safety Program (49 U.S.C. 5329), such as the National Public Transportation Safety Plan, implementing requirements for Transit Asset Management Systems (49 U.S.C. 5326), amending the State Safety Oversight rule (49 CFR part 659), and amending the Major

### Capital Investments rule (49 CFR Part 611) to provide steps and evaluation criteria in the New

a n d Small Starts process, and the new Core Capacity Program. Additionally, FTA plans to amend its joint regulations with FHWA that implement the National Environmental Policy Act (23 CFR part 771) in order to streamline the FTA environmental review process.

Maritime Administration (MARAD)

The Maritime Administration (MARAD) administers Federal laws and programs to improve and strengthen the maritime transportation system to meet the economic, environmental, 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 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, Cargo Preference, Maritime Guaranteed Loan Financing, United States Merchant Marine Academy, Mariner Education and Training Support, Deepwater Port Licensing, and Port and Intermodal Development. Additionally, MARAD administers the Small Shipyard Grants Program through which equipment and technical skills training are provided to America’s maritime workforce, with the aim of helping businesses to compete in the global marketplace while creating well-paying jobs at home.

MARAD’s primary regulatory activities in fiscal year 2014 will be to continue the update of existing regulations as part of the Department’s Retrospective Regulatory Review effort, and to propose new regulations where appropriate.

### Pipeline and Hazardous Materials Safety Administration (PHMSA)

T h e 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. The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2012 increased PHMSA’s ability to enforce civil penalties and other part 190 Code of Federal Regulations administration enforcement processes for Federal pipeline safety regulations. PHMSA’s authority to enforce the provisions of the Oil Pollution Act of 1990, which had been administered by the Department of Homeland Security, was also returned by the Act.

On July 6, 2012 President Obama signed into law the ‘‘Moving Ahead for Progress in the 21st Century Act’’. The Act reauthorizes the hazardous materials safety program and requires several regulatory actions by PHMSA. The Act places a great deal of emphasis on the procedures for issuing special permits and the incorporation of special permits into regulations. Persons who offer for transportation or transport hazardous materials in commerce must follow the hazardous materials regulations. A special permit sets forth alternative requirements, or variances, to the requirements in the HMR. Federal hazardous materials transportation law authorizes PHMSA to issue such variances in a way that achieves a safety level that is at least equal to the safety level required under Federal hazmat law or is consistent with the public interest if a required safety level does not exist. The Act requires a rulemaking within two years to set out procedures and criteria for evaluating applications for special permits and approvals. In addition, the Act requires PHMSA to conduct a review of nearly 1,200 existing special permits and issue another

### rulemaking within three years to incorporate special permits that have been in continuous effect

f o r a ten-year period into the HMR.

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 while promoting economic growth, innovation, competitiveness, and job creation. We will concentrate on the prevention of high-risk incidents identified through the findings of the National Transportation Safety Board (NTSB) 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 continue to focus on the streamlining of its regulatory system and to reduce regulatory burdens. PHMSA will evaluate existing rules to examine whether they remain justified; should be modified to account for changing circumstances and technologies; or should be streamlined or even repealed. PHMSA will continue to be evaluating, and analyze, and be responsive to petitions for rulemaking. PHMSA will review regulations, letters of interpretation, petitions for rulemaking, special permits, enforcement actions, approvals, and international standards to identify inconsistencies, outdated provisions, and barriers to regulatory compliance.

PHMSA aims to reduce the risks related to the transportation of hazardous materials by rail. Preventing tank car incidents and minimizing the consequences when an incident does occur are not only DOT priorities, but are also shared by the National Transportation Safety Board (NTSB), industry, and the general public. To this end, PHMSA will consider possible regulatory changes to enhance the standards for DOT Specification 111 tank cars used to transport certain hazardous materials and explore additional operational requirements to enhance the safe transportation of hazardous materials by rail.

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

h a z ardous liquid onshore pipelines. In particular, PHMSA will be considering if other areas should be included as High Consequence Areas (HCAs) for integrity management (IM) protections, what the repair timeframes should be for areas outside the HCAs that are assessed as part of the IM program, whether leak detection standards are necessary, valve spacing requirements are needed on new construction or existing pipelines, and if PHMSA should extend regulation to certain pipelines currently exempt from regulation. The agency would also address the public safety and environmental aspects any new requirements, as well as the cost implications and regulatory burden.

### 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, 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

t e c hnology 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 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.

### B I L LING CODEThe 19 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage
Slot Management and Transparency 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 Part 121 Certificate Holders 2120-AJ86 Final Rule Stage Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers 2120-AJ00 Completed Action Stage
National Goals and Performance Management Measures (MAP-21) 2125-AF49 Proposed Rule Stage
National Goals and Performance Management Measures (MAP-21) 2125-AF53 Proposed Rule Stage
National Goals and Performance Management Measures (MAP-21) 2125-AF54 Proposed Rule Stage Carrier Safety Fitness Determination 2126-AB11 Proposed Rule Stage
Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-21) 2126-AB18 Proposed Rule Stage Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21) 2126-AB20 Proposed Rule Stage

Motorcoach Rollover Structural Integrity (MAP-21) 2127-AK96 Proposed Rule Stage Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208 (MAP-21) 2127-AK56 Final Rule Stage Electronic Stability Control Systems for Heavy Vehicles (MAP-21) 2127-AK97 Final Rule Stage

National and Public Transportation Safety Plans (MAP-21) and Transit Asset Management 2132-AB20 PreRule Stage

New and Small Start Projects (MAP-21) 2132-AB18 Proposed Rule Stage State Safety Oversight (MAP-21) 2132-AB19 Proposed Rule Stage
Hazardous Materials: Rail Petitions and Recommendations to Improve the Safety of Railroad Tank Car Transportation (RRR) 2137-AE91 PreRule Stage
Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines 2137-AE66 Proposed Rule Stage Pipeline Safety: Gas Transmission (RRR) 2137-AE72 Proposed Rule Stage

Department of Transportation (DOT) Federal Aviation Administration ( FAA ) RIN: 2120- AJ89

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Title: Slot Management and Transparency 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 servethe 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 anticompetitive 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: Total benefits and costs are estimated at $74,696,596 ($65,242,900 Present Value at 7 percent) for benefits and $53,056,768 ($46,341,836 Present Value at 7 percent) for costs. This is a preliminary estimate that is subject to change based on further review and analysis.

Risks: There are no risks for this rulemaking. Timetable: Action Date FR Cite NPRM 12/00/2013

Additional Information: This rulemaking is associated with an RRR action.

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 Ave, SW, Washington, DC 20591 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

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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; 14 CFR 120 (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; 49 USC 44701 Legal Deadline: Action Source Description DateOther Statutory 49 USC 44730(b), as enacted under PL 112-95, sec. 306(b) (Feb. 14, 2012) 06/01/2012

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. This rule would also satisfy the rulemaking requirements for helicopter air ambulance operations in PL 1112-95, section 306.
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 exclude the HTAWS (Helicopter Terrain Awareness and Warning System) unit from this proposal. Although the ratio of annualized cost to annual revenue would decrease from a range of between 1.80 percent and 1.87 percent to a range of between 1.61 percent and 1.68 percent would also be a reduction in 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 Two: 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 83 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 population to 78 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 estimated the rule would cost $309 million ($242 million 7 percent present value) over 10 years. The benefits were estimated to be $1030 million ($725 million 7 percent present value) over 10 years. This is a preliminary estimate that is subject to change based on further review and analysis.

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 road side 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 12/00/2013

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: Gregory French Department of Transportation Federal Aviation Administration 800 Independence Ave, SW, Washington, DC 20591 Washington , DC 20591 Phone: 202- 493-5474 FAX: 202- 267-5094 E-Mail: gregory.french@faa.gov

Department of Transportation (DOT) Federal Aviation Administration ( FAA ) RIN: 2120- AJ86

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Title: Safety Management Systems for Part 121 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 safety management system is acomprehensive, process-oriented approach to managing safety throughout an organization. An SMS includes an organizationwide 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. This rulemaking is required under Public Law 111-216, sec. 215.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 14 CFR 121; 14 CFR 5 (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; PL 111-216, sec 215 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 NPRM 10/29/2010 Other Statutory Final Rule 07/30/2012

Regulatory Plan: Statement of Need: This final rule requires each air carrier operating under 14 CFR part 121 to develop and implement asafety management system (SMS) to improve the safety of its aviation-related activities. SMS is a comprehensive, processoriented approach to managing safety throughout an organization. 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 also increased emphasis on the overall safety performance of the organization.
Legal Basis: The Federal Aviation Administration's (FAA) 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. In addition, the Airline Safety and Federal Aviation Administration Extension Act of 2010 (the Act), Public Law 111-216, sec. 215 (August 1, 2010), required the FAA to conduct rulemaking to "require all 14 CFR part 121 air carriers to implement a safety management system." The Act required the FAA to issue this final rule within 24 months of the passing of the Act (July 30, 2012).

Alternatives: To relieve the burden of this rule on small entities, the FAA considered extending the timeframe for development of SMS implementation plans. However, the FAA ultimately concluded that one year for the development and approval of implementation plans is appropriate. In making this determination, the FAA considered longer and shorter terms. However, it settled on one year based on information from the SMS Pilot Project, which showed that an average of one year was sufficient to develop and approve an implementation plan. As part of its analysis, the FAA noted that pilot project participants ultimately had differing levels of SMS implementation. However, because all pilot project participants had initially developed (and received FAA validation on) an implementation plan that provided for full SMS implementation, the FAA was able to use this data to estimate how long it would take a certificate holder to develop such a plan and get the plan approved by the FAA.

Costs and Benefits: The FAA estimates the total benefits to be $447.9 million ($263.1 million present value) and total costs to be $211.8 million ($144.9 million present value), with benefits exceeding costs.

Risks: While the commercial air carrier accident rate in the United States has decreased substantially over the past 10 years, the FAA has identified a recent trend involving hazards that were revealed during accident investigations. The FAA's Office of Accident Investigation and Prevention identified 128 accidents involving part 121 air carriers from fiscal year (FY) 2001 through FY 2010 for which identified causal factors could have been mitigated if air carriers had implemented an SMS to identify hazards in their operations and developed methods to control the risk. This type of approach allows air carriers to anticipate and mitigate the likely causes of potential accidents. This is a significant improvement over current "reactive" safety action emphasis, which focuses on discovering and mitigating the cause of an accident only after that accident has occurred. In order to bring about this change in accident mitigation, as well as the other reasons discussed throughout this document, the FAA is requiring part 121 air carriers to develop and implement an SMS. 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 nearmiss, 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 Comment Period Extended 03/07/2011 Final Rule 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: FederalSmall Entities Affected: Business 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 Ave, SW, Washington, DC 20591 Washington , DC 20591 Phone: 202 494 -8417 E- Mail: scott.vanburen@faa.gov

Department of Transportation (DOT) Federal Aviation Administration ( FAA ) RIN: 2120- AJ00

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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 significantly to reducing aviation accidents.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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); PL 111-216, sec 208; PL 111-216, sec 209; 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: Action Source Description Date Other Statutory Final rule 01/19/2013

Regulatory Plan: Statement of Need: This rule is necessary to address NTSB recommendations and requirements in the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216). The primary purpose of this final rule is to ensure that safety-critical training and evaluation is provided for crewmembers by establishing new requirements for part 121 commercial air carrier training programs. The changes seek to make a significant contribution to the FAA's accident reduction goal by directly addressing the safety goals from two recent FAA "Call to Action" initiatives including improvement of runway safety by requiring training in critical runway safety issues.
Legal Basis: The FAA's authority to issue rules on aviation safety is found in title 49 of the United States Code (U.S.C.). This rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which vests final authority in the Administrator for carrying out all functions, powers, and duties of the administration relating to the promulgation of regulations and rules, and 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. Also, Public Law 111-216 specifically required the FAA to conduct rulemaking to ensure that all flightcrew members receive ground training and flight training in recognizing and avoiding stalls, recovering from stalls, and recognizing and avoiding upset of an aircraft, as well as the proper techniques to recover from upset. Public Law 111-216 also directed the FAA to require air carriers to develop remedial training programs for flightcrew members who have demonstrated performance deficiencies or experienced failures in the training environment. In addition, Public Law 111-216 directed the FAA to issue a final rule with respect to the notice of proposed rulemaking published in the Federal Register on January 12, 2009 (74 FR 1280).

Alternatives: There are no alternatives to this final rule that will address certain safety-critical provisions, which 1) enhance pilot training for rare but high risk scenarios, 2) provide the greatest safety benefit, and 3) require time to implement.

Costs and Benefits: From 2013 to 2028, the FAA estimates the base case costs to air carriers for complying with the provisions of this final rule are $313.9 million in constant 2012 dollars. The present value of the base case is $149.8 million when discounted at a 7 percent annual rate and $226.1 million when discounted at 3 percent. The total estimated benefit of the final rule over the analysis period is $689 million in 2012 dollars. This stream of benefits has a present value of $317 million when discounted at 7 percent and $488 million when discounted at 3 percent. This information is a preliminary estimate that is subject to change based on further review and analysis.

Risks: This rule is necessary to address NTSB recommendations as well as requirements in Public Law 111-216. If this ruledoes not move forward, the risk is that crewmembers will not be provided with safety-critical training. 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 Comment Period End 05/12/2009 Extended Comment Period End 08/10/2009 Supplemental NPRM 05/20/2011 76 FR 29336 Comment Period Extended 06/23/2011 76 FR 36888 Comment Period End 07/19/2011 Comment Period End 09/19/2011 Final Rule 11/12/2013 78 FR 67800

Additional Information: For general questions, contact Nancy Lauck Claussen, Air Transportation Division (AFS-200), Flight Standards Service, Federal Aviation Administration, 800 Independence Ave., SW, Washington, DC 20591; telephone (202) 267- 8166; email nancy.l.claussen@faa.gov.

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 2120-AJ87; Related to 2120-AK08 Agency Contact: Nancy L Claussen Federal Aviation Administration Department of Transportation Federal Aviation Administration 800 Independence Ave, SW, Washington, DC 20591 Washington , DC 20591 Phone: 202- 267-8166 E- Mail: nancy.claussen@faa.gov

Department of Transportation (DOT) Federal Highway Administration ( FHWA ) RIN: 2125- AF49

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Title: National Goals and Performance Management Measures (MAP-21) Abstract: This rulemaking would create national performance management measures and standards to be used by the States to meet the national transportation goals identified in section 1203 of MAP-21. This rulemaking would also establish the process to be used by States to set performance targets that reflect their performance measures. The FHWA anticipates publishing up to three separate rulemakings to address the different areas covered by this section. This rulemaking, the first, will cover safety.

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: 23 USC 150 Legal Deadline: Section 1203 of MAP-21 requires the Secretary to promulgate a rulemaking within 18 months after the date of enactment. Action Source Description Date NPRM Statutory NPRM 04/01/2014

Regulatory Plan: Statement of Need: The Moving Ahead for Progress in the 21st Century Act (MAP-21) transforms the Federal-aid highway program by establishing new requirements for performance management to ensure the most efficient investment of Federal transportation funds. Performance management refocuses attention on national transportation goals, increases the accountability and transparency of the Federal-aid highway program, and improves project decisionmaking through performance-based planning and programming. This rulemaking is the first of three that would propose the establishment of performance measures for State DOTs and MPOs to use to carry out Federal-aid highway programs and to assess performance in each of the 12 areas mandated by MAP-21. This rulemaking would establish performance measures to carry out the Highway Safety Improvement Program and to assess serious injuries and fatalities, both in number and expressed as a rate, on all public roads. In addition, this rulemaking would establish the process for State DOTs and MPOs to use to establish and report safety targets, and the process that FHWA will use to assess progress State DOTs have made in achieving safety targets.Legal Basis: Section 1203 of MAP-21 requires the Secretary of Transportation to establish performance measures and standards through a rulemaking to assess performance in 12 areas.

Alternatives: N/A

Costs and Benefits: Preliminary estimates show that the total costs for a 10-year period is $66,695,260 (undiscounted), $53,873,609 (7 percent discount rate), and $60,504,205 (3 percent discount rate). The DOT performed a break-even analysis that estimates the number of fatalities and incapacitating injuries the rule would need to prevent for the benefits of the rule to justify the costs. Preliminary estimates show that the proposed rule would need to prevent approximately 7 fatalities over 10 years, or less than one avoided fatality per year nationwide, to outweigh the anticipated costs of the proposed rule. When the break-even analysis uses incapacitating injuries as the reduction metric, preliminary estimates show that the proposed rule must be responsible for reducing approximately 153 incapacitating injuries over 10 years, or approximately 15 per year, to outweigh the anticipated costs of the proposed rule. In other words, the proposed rule must result in approximately 7 fewer fatalities, which is equivalent to approximately 153 fewer incapacitating injuries, over 10 years, for the proposed rule to be cost-beneficial.

Risks: N/A Timetable: Action Date FR Cite NPRM 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Francine Shaw -Whitson Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202- 366-8028 E- Mail: Francine.Shaw- whitson@dot.gov

Department of Transportation (DOT) Federal Highway Administration ( FHWA ) RIN: 2125- AF53

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Title: National Goals and Performance Management Measures (MAP-21) Abstract: This rulemaking would create national performance management measures and standards to be used by the States to meet the national transportation goals identified in section 1203 of MAP-21. This rulemaking would also establish the process to be used by States to set performance targets that reflect their performance measures. The FHWA anticipates issuing up to three rulemakings in this area. This rulemaking, number two, will cover the bridges and pavement.

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: sec 1203 PL 112-141; 49 CFR 1.85 Legal Deadline: Section 1203 of MAP-21 requires the Secretary to promulgate a rulemaking within 18 months after the date of enactment. Action Source Description Date NPRM Statutory NPRM 04/01/2014

Regulatory Plan: Statement of Need: The Moving Ahead for Progress in the 21st Century Act (MAP-21) transforms the Federal-aid highway program by establishing new requirements for performance management to ensure the most efficient investment of Federal transportation funds. Performance management refocuses attention on national transportation goals, increases the accountability and transparency of the Federal-aid highway program, and improves project decisionmaking through performance-based planning and programming. This rulemaking is the second of three that would propose the establishment of performance measures for State DOTs and MPOs to use to carry out Federal-aid highway programs and to assess performance in each of the 12 areas mandated by MAP-21. This rulemaking would establish performance measures for State DOTs to use to carry out the National Highway Performance Program (NHPP) and to assess: condition of pavements on the National Highways System (NHS) (excluding the Interstate System), condition of pavements on the Interstate System, and condition of bridges on the NHS. This rulemaking would also propose: the definitions that will be applicable to the new 23 CFR 490; the process to be used by State DOTs and MPOs to establish performance targets that reflect the measures proposed in this rulemaking; a methodology to be used to assess State DOTs compliance with the target achievement provision specifiedunder 23 U.S.C. 119(e)(7); and the process to be followed by State DOTs to report on progress towards the achievement of pavement and bridge condition-related performance targets.
Legal Basis: Section 1203 of MAP-21 requires the Secretary of Transportation to establish performance measures and standards through a rulemaking to assess performance in 12 areas.

Alternatives: N/A

Costs and Benefits: Not Yet Determined

Risks: N/A Timetable: Action Date FR Cite NPRM 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Francine Shaw -Whitson Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202- 366-8028 E- Mail: Francine.Shaw- whitson@dot.gov

Department of Transportation (DOT) Federal Highway Administration ( FHWA ) RIN: 2125- AF54

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Title: National Goals and Performance Management Measures (MAP-21) Abstract: This rulemaking would create national performance management measures and standards to be used by the States to meet the national transportation goals identified in section 1203 of MAP-21. This rulemaking would also establish the process to be used by States to set performance targets that reflect their performance measures. The FHWA anticipates issuing up to three rulemakings in this area. This rulemaking covers Congestion Mitigation and Air Quality (CMAQ) and Freight issues.

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: sec 1203, PL 112-141; 49 FR 1.85. Legal Deadline: Section 1203 of MAP-21 requires the Secretary to promulgate a rulemaking within 18 months after the date of enactment. Action Source Description Date NPRM Statutory NPRM 04/01/2014

Regulatory Plan: Statement of Need: The Moving Ahead for Progress in the 21st Century Act (MAP-21) transforms the Federal-aid highway program by establishing new requirements for performance management to ensure the most efficient investment of Federal transportation funds. Performance management refocuses attention on national transportation goals, increases the accountability and transparency of the Federal-aid highway program, and improves project decisionmaking through performance-based planning and programming. This rulemaking is the third of three that would propose the establishment of performance measures for State DOTs and MPOs to use to carry out Federal-aid highway programs and to assess performance in each of the 12 areas mandated by MAP-21. This rulemaking would establish performance measures for State DOTs to use in the areas of Congestion Reduction, Congestion mitigation and air quality improvement program (CMAQ), Freight, and Performance of Interstate/Non-Interstate National Highway System.
Legal Basis: Section 1203 of MAP-21 requires the Secretary of Transportation to establish performance measures and standards through a rulemaking to assess performance in 12 areas.

Alternatives: N/A

Costs and Benefits: Not Yet Determined

Risks: N/ATimetable: Action Date FR Cite NPRM 05/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Francine Shaw -Whitson Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202- 366-8028 E- Mail: Francine.Shaw- whitson@dot.gov

Department of Transportation (DOT) Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126- AB11

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Title: Carrier Safety Fitness Determination Abstract: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to adopt revised methodologies that would result in a safety fitness determination (SFD). The proposed methodologies would determine when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce based on (1) the carrier’s performance in relation to five of the Agency’s Behavioral Analysis and Safety Improvement Categories (BASICs); (2) an investigation; or (3) a combination of on-road safety data and investigation information. The intended effect of this action is to reduce crashes caused by CMV drivers and motor carriers, resulting in death, injuries, and property damage on U.S. highways, by more effectively using FMCSA data and resources to identify unfit motor carriers and to remove them from the Nation’s roadways.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 49 CFR 385 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 4009 of TEA-21 Legal Deadline: None

Regulatory Plan: Statement of Need: Because of the time and expense associated with the onsite 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 onsite 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 several alternatives.

Costs and Benefits: The Agency is continuing to review the estimated costs and benefits of the proposed rule.

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 05/00/2014Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: Undetermined
Federalism: No 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 Washington , DC 20590 Phone: 202- 366-5370 E- Mail: fmcsaregs@dot.gov

Department of Transportation (DOT) Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126- AB18

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Title: Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-21) Abstract: This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driver ́s license (CDL) holders and refusals by such drivers to submit to testing. This rulemaking would require employers of CDL holders and service agents to report positive test results and refusals to test into the Clearinghouse. Prospective employers, acting on an application for a CDL driver position with the applicant ́s written consent to access the Clearinghouse, would query the Clearinghouse to determine if any specific information about the driver applicant is in the Clearinghouse before allowing the applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT ́s return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. MAP-21 requires creation of the Clearinghouse by 10/1/14.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Undetermined CFR Citation: 49 CFR 382 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 31306 Legal Deadline: None

Regulatory Plan: Statement of Need: This rulemaking would improve the safety of the Nation's highways by ensuring that employers know when drivers test positive for drugs and/or alcohol and are not qualified to drive. It would also ensure that drivers who have tested positive and have not completed the return to duty process are not driving and ensure that all employers are meeting their drug and alcohol testing responsibilities.
Legal Basis: Section 32402 of the Moving Ahead for Progress in the 21st Century Act (MAP-21)) (Pub.L. 112-141, 126 stat. 405) directs the Secretary of Transportation to establish a national clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators. In addition, FMCSA has general authority to promulgate safety standards, including those governing drivers' use of drugs or alcohol while operating a CMV. The Motor Carrier Safety Act of 1984 Public Law 98-554 (the 1984 Act) provides authority to regulate drivers, motor carriers, and vehicle equipment and requires the Secretary of Transportation to prescribe minimum safety standards for CMVs, including: (1) CMVs are maintained, equipped loaded, and operated safely; (2) the responsibilities imposed on CMV operators do not impair their ability to operate the vehicles safely; (30 the physical condition of CMV operators is adequate to enable them to operate the vehicles safely; and (40 CMV operation does not have a deleterious effect on physical condition of the operators (49 USC 31136(a)).

Alternatives: To be determined.

Costs and Benefits: The Agency estimates $187 million in annual benefits from increased crash reduction from the rule. This is against an estimated $155 million in total annual costs for employers to complete the annual and pre-employment queries and to designate C/TPAs, for SAPs to input information from drivers undergoing the return-to-duty process, for various entities to report and notify positive tests and to register and become familiar with the rule, for drivers to consent to release of records, and for FMCSA to maintain and operate the Clearinghouse, and for drivers to go through the return-to-duty process. Total net benefits of the rule thus are $32 million annually.

Risks: A risk of not knowing when a driver has not completed the "return to duty" process and enabling job-hopping within theindustry. Timetable: Action Date FR Cite NPRM 12/00/2013

Additional Information: MAP- 21 included provisions for a Drug and Alcohol Test Clearinghouse that affect this rulemaking.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; Local; State; Tribal Federalism: Yes Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Deborah Snider Chief, Commercial Enforcement (MC-ECC) Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue, SE., Washington, DC 20590 Washington , DC 20590 Phone: 202 366 -0916 E- Mail: deborah.snider@fmcsa.dot.gov

Department of Transportation (DOT) Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126- AB20

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Title: Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21) Abstract: This SNPRM would establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. This rulemaking supplements the Agency’s February 1, 2011, Notice of Proposed Rulemaking (NPRM) and addresses issues raised by the U.S. Court of Appeals for the Seventh Circuit in its 2011 decision vacating the Agency’s April 5, 2010, final rule concerning ELDs as well as subsequent statutory developments. The proposed requirements for ELDs would improve compliance with the HOS rules.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule 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); Pub. L 103.311; 49 USC 31137(a) Legal Deadline: Action Source Description Date NPRM Judicial NPRM published. 01/31/2011

Regulatory Plan: Statement of Need: The Federal Motor Carrier Safety Administration (FMCSA) proposes amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) to establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. This rulemaking supplements the Agency's February 1, 2011, Notice of Proposed Rulemaking (NPRM) and addresses issues raised by the U.S. Court of Appeals for the Seventh Circuit in its 2011 decision vacating the Agency's April 5, 2010, final rule concerning ELDs as well as subsequent statutory developments. The proposed requirements for ELDs would improve compliance with the HOS rules.
Legal Basis: Section 113 of the Hazardous Materials Transportation Authorization Act of 1994, Public Law 103-311, 108 Stat. 1673, 16776-1677, August 26, 1994, (HMTAA) requires the Secretary to prescribe regulations to improve compliance by CMV drivers and motor carriers with HOS requirements and the effectiveness and efficiency of Federal and State enforcement officers reviewing such compliance. Specifically, the Act addresses requirements for supporting documents. Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement Act, enacted as part of MAP-21 (Pub. L. 112-141, 126 Stat. 405, 786-788 (July 6, 2012)), mandated that the Secretary adopt regulations requiring that CMVs involved in interstate commerce, operated by drivers who are required to keep RODS, be equipped with ELDs.

Alternatives: FMCSA is considering several alternatives to the proposal, including alternate populations.

Costs and Benefits: FMCSA has not yet fully assessed the costs and benefits that might be associated with this SNPRM.The 2011 NPRM estimated total costs and benefits. At a 7 percent discount, the total estimated cost over 10 years was $1,984 million, and the total estimated benefit over 10 years was $2,699 million.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity. Timetable: Action Date FR Cite NPRM 02/01/2011 76 FR 5537 NPRM Comment Period End 02/28/2011 Comment Period Extended 03/10/2011 76 FR 13121 Extended Comment Period End 05/23/2011 Supplemental NPRM 12/00/2013

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 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 Ave, SE, Washington, DC 20590 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- AK96

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Title: Motorcoach Rollover Structural Integrity (MAP-21) 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 and is responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act.

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 1.95 Legal Deadline: Action Source Description Date Other Statutory Publish Final Rule 10/01/2014

Regulatory Plan: Statement of Need: Over the ten-year period between 2000 and 2009, there were 45 fatal motorcoach crashes resulting in 134 fatalities. During this period, on average, 13 fatalities have occurred annually to occupants of motorcoaches in crash and rollover events, with about 2 of these fatalities being drivers and 11 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 2011-2013 (Docket No. NHTSA-2009-0108), and is responsive to six recommendations issued by the National Transportation Safety Board. In addition, this action would fulfill a statutory provision of the Motorcoach Enhanced Safety Act of 2012 (incorporated and passed as part of the Moving Ahead for Progress in the 21stCentury Action) for establishing motorcoach roof strength and crush resistance requirements, to the extent warranted under the National Traffic and Motor Vehicle Safety Act.
Legal Basis: Section 30111, title 49 of the U.S.C., states that the Secretary shall prescribe motor vehicle safety standards.

Alternatives: NHTSA is examining existing regulations as alternatives to this proposal. FMVSS No. 216 "Roof crush resistance," FMVSS No. 220, "School bus rollover protection," and UN ECE R.66 are among the existing regulations that the agency is considering. The agency is considering these alternatives in light of their ability to ensure occupant protection during a rollover crash as well as additional safety issues such as opening of egress portals, failure of seat and luggage rack anchorages, detachment of windows from their mounting.

Costs and Benefits: The net impact ranges from a net benefit of $9.5 million to $19.4 million if seat belt usage is 15 percent. If the seat belt usage rate is 84 percent, the estimated net impact ranges from a net benefit of $4.7 million to $13.1 million.

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 06/00/2014

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 Ave, SE, Washington, DC 20590 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- AK56

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Title: Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208 (MAP-21) 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 and to a newly enacted statutory mandate in MAP-21 to require seat belts in certain buses.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector 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 1.95 Legal Deadline: Action Source Description Date Other Statutory Final Rule 10/01/2013

Regulatory Plan: Statement of Need: Over the ten-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 responsive to four recommendations issued by the National Transportation Safety Board.Legal Basis: Section 30111, title 49 of the USC, 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 2011-2013 (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 producedeach year, plus added fuel costs. The Agency estimates the proposal has the potential to save 1-8 fatalities and 144–794 nonfatal injuries annually assuming a range of seat belt use between 15 and 83 percent. The cost per equivalent life saved at a seven 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.

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 11/00/2013

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: Shashi Kuppa Chief, Special Vehicles and Systems Division Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Ave, SE, Washington, DC 20590 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

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Title: Electronic Stability Control Systems for Heavy Vehicles (MAP-21) 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. 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. 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 - $372 million. This rulemaking is responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP21) Act.

Priority: Economically Significant Agenda Stage of Rulemaking: Final 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 1.95 Legal Deadline: Action Source Description Date Other Statutory Final Rule 10/01/2014Regulatory Plan: Statement of Need: Rollover and loss of control crashes involving combination truck tractors and large buses is a serious safety issue that is responsible for 268 fatalities and 3000 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 2011-2013 (Docket No. NHTSA-2009-0108), and is responsive to three 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 considered two regulatory alternatives. First, we considered requiring truck tractors and large buses to be equipped with roll stability control (RSC) systems. The second alternative considered was requiring trailers to be equipped with RSC systems. When compared to the proposal, these alternatives provide fewer benefits because they are less effective at preventing rollover crashes and much less effective at preventing loss-of-control crashes.

Costs and Benefits: According to the NPRM, the anticipated total costs are expected to be $113.6 million for the 150,000 truck tractors and 2,200 large buses produced in 2012. The agency estimates the proposal has the potential to save 49- 60 fatalities, 649- 858 injuries, and 1,807- 2,329 crashes annually. The net cost per equivalent life saved at a 7 percent discount rate is estimated to range from $2.0- $2.6 million, and for a 3 percent discount rate is $1.5- $2.0 million. The net benefits are $155- $222 million at a 7 percent discount rate and $228- $310 million at a 3 percent discount rate.

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 05/23/2012 77 FR 30766 NPRM Comment Period End 08/21/2012 Final Rule 07/00/2014

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 Washington , DC 20590 Phone: 202- 366-2720 FAX: 202- 366-4329 E-Mail: george.soodoo@dot.gov

Department of Transportation (DOT) Federal Transit Administration ( FTA ) RIN: 2132- AB20

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Title: National and Public Transportation Safety Plans (MAP-21) and Transit Asset Management Abstract: This is a joint ANPRM for certain requirments of the Public Transportation Safety Program and the of the National Tranist Asset Management System. SAFETY This rule, mandated by MAP-21, will create and implement a National Public Transportation Safety Plan that will include: (1) safety performance criteria for all modes of public transportation; (2) the definition of State of Good Repair established under separate rulemaking; (3) minimum safety performance standards for public transportation vehicles used in revenue operations that do not apply to vehicles regulated by another Federal agency; and (4) a public transportation safety certification training program. This rule will also establish requirements for each 5307 and 5311 recipient in developing and implementing individual agency safety plans. This rule will ultimately be broken into three separate rulemakings for the National Plan and the Agency Plans, and the training certification program. TRANSIT ASSET MANAGEMENT See 2132-AB07

Priority: Other Significant Agenda Stage of Rulemaking: PreRule 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 5326 and 5329Legal Deadline: None

Regulatory Plan: Statement of Need: The Moving Ahead for Progress in the 21st Century Act ("MAP-21," effective Oct. 1, 2012) placed substantial new obligations upon the Department, FTA, and its recipients. Among those changes was a new Federal public transportation safety program for the DOT, public transportation agency safety plans by local transit agencies, and the creation of transit asset management systems and plans at the national and local levels.
Legal Basis: Title 49 US Code, sections 5326 (Transit Asset Management) and 5329 (Safety).

Alternatives: N/A

Costs and Benefits: The costs and benefits of these rulemakings are unknown at this time, as the prospective shape and direction of the regulatory obligations are undetermined. FTA will estimate the costs and benefits of these rulemakings at the notice of proposed rulemaking stage.

Risks: Regulated parties could raise the traditional concerns about unfunded Federal mandates and lack of transparency. But many of the safety costs will be covered by or eligible for Federal grants, and by issuing an ANPRM prior to a proposed rule, FTA hopes to enlist the involvement of affected stakeholders prior to publication of the NPRM. Timetable: Action Date FR Cite ANPRM 10/03/2013 78 FR 61251 ANPRM Comment Period End 01/02/2014

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; State 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 2132-AB07 Agency Contact: Scott Biehl Senior Chief Counsel Department of Transportation Federal Transit Administration 1200 New Jersey Ave, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202 366 -0826 E- Mail: scott.biehl@dot.gov

Department of Transportation (DOT) Federal Transit Administration ( FTA ) RIN: 2132- AB18

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Title: New and Small Start Projects (MAP-21) Abstract: This rulemaking would establish the steps in the process for New and Small Starts projects. The final rule published in January 2013 made final most of the MAP-21 evaluation criteria, except for the congestion relief criterion. This new rulemaking would build on that work by establishing the requirements for advancing through the steps in the process and outlining the congestion relief criterion that will be used by FTA.

Priority: Other 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: None

Regulatory Plan: Statement of Need: The Moving Ahead for Progress in the 21st Century Act (“MAP-21,” effective Oct. 1, 2012) made a number of changes to the project development process for New and Small Starts projects authorized by 49 U.S.C. 5309, and created a new discretionary program for Core Capacity Improvement (“CCI”) projects. This rulemaking will carry out the new CCI program and the changes to the project development process for New and Small Starts as required by MAP-21.
Legal Basis: 49 U.S.C. 5309(g)(6) requires the Secretary to issue regulations setting the evaluation and rating process for the New Starts, Small Starts, and Core Capacity Improvement programs and the projects that seek discretionary Federal financial assistance under those programs.Alternatives: N/A

Costs and Benefits: On average, Congress appropriates approximately $2 billion per year for the discretionary programs under 49 U.S.C. 5309, and FTA oversees more than $10 billion in Section 5309 funds that have been committed to New and Small Starts projects. The costs and benefits of this rulemaking will be assessed during the development of the NPRM, but they are likely to be similar to those identified in the preamble to the final rule for the previous rulemaking on New and Small Starts, issued on January 9. 2013, at 78 FR 1992-2037.

Risks: This rulemaking will modify the framework whereby FTA administers the competitive, discretionary Federal grant-in-aid programs under 49 U.S.C. 5309. This rulemaking will not regulate any entities other than the State and local agencies that apply for the discretionary funds. As such, this rulemaking poses no risks for the regulated communities other than the risks inherent in pursuing Federal-aid grant funds in competition with other applicants. Timetable: Action Date FR Cite NPRM 03/00/2014

Regulatory Flexibility Analysis Required: Undetermined 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: Dana Nifosi Department of Transportation Federal Transit Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202- 366-4000 E- Mail: dana.nifosi@dot.gov

Department of Transportation (DOT) Federal Transit Administration ( FTA ) RIN: 2132- AB19

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Title: State Safety Oversight (MAP-21) Abstract: This rulemaking will set standards for State Safety Oversight of rail transit systems and criteria for award of FTA grant funds to help the States develop and carry out their oversight programs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 49 CFR 659 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 112 -141, sec 20021 Legal Deadline: None

Regulatory Plan: Statement of Need: The Moving Ahead for Progress in the 21st Century Act (“MAP-21,” effective Oct. 1, 2012) made substantial changes to the program for State safety oversight of rail fixed guideway public transportation systems, and created a new program of Federal financial assistance to the States for the purpose of conducting their oversight of rail transit system safety. This rulemaking will flesh out the statutory changes to the program and set the process for making grants of Federal funding to the States.
Legal Basis: 49 U.S.C. 5329(e)(9) requires the Secretary to issue regulations to carry out the State safety oversight program for rail fixed guideway public transportation systems.

Alternatives: N/A

Costs and Benefits: This rulemaking is not anticipated to add significant costs or benefits to the State Safety Oversight rules that have been in place since 1995. The costs and benefits will be assessed during the development of the NPRM, but it's critical to note that State Safety Oversight of rail transit systems will no longer be an unfunded mandate; for the first time, under MAP-21, Federal funding will be available to the States to assist them in conducting their oversight, and this rulemaking will set the process for making the FTA grants to the States.

Risks: This rulemaking will not regulate any entities other than States that have rail fixed guideway public transportation systems and the State Safety Oversight Agencies that conduct oversight of those rail transit systems. The Federal funding for State Safety Oversight will be apportioned by formula, based on the statutory criteria set forth in 49 U.S.C. 5329(e)(6)(B)(i), thus, this rulemaking poses no risks for the regulated communities other than the risks inherent in conducting the oversight ofthe safety of the rail transit systems for which they are responsible. Timetable: Action Date FR Cite NPRM 03/00/2014

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Small Entities Affected: No Federalism: Undetermined Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Scott Biehl Senior Chief Counsel Department of Transportation Federal Transit Administration 1200 New Jersey Ave, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202 366 -0826 E- Mail: scott.biehl@dot.gov

Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration ( PHMSA ) RIN: 2137- AE91

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Title: Hazardous Materials: Rail Petitions and Recommendations to Improve the Safety of Railroad Tank Car Transportation (RRR) Abstract: PHMSA is considering amendments that would enhance safety and revise and clarify the HMR applicable to the transportation of hazardous materials by rail. This action responds to petitions for rulemaking submitted by the regulated community and NTSB recommendations that are associated with the petitions. Specifically, these amendments would identify elements of non-conformity that do not require a movement approval from the Federal Railroad Administration (FRA); correct an unsafe condition associated with pressure relief valves (PRV) on rail cars transporting carbon dioxide, refrigerated liquid; revise outdated regulations applicable to the repair and maintenance of DOT Specification 110, DOT Specification 106, and ICC 27 tank car tanks (ton tanks); except ruptured discs from removal if the inspection itself damages, changes, or alters the intended operation of the device; and enhance the standards for DOT Specification 111 tank cars used to transport Packing Group I and II hazardous materials.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule Major: No Unfunded Mandates: No CFR Citation: 49 CFR 173; 49 CFR 174; 49 CFR 178; 49 CFR 179 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 5101 et seq Legal Deadline: None

Regulatory Plan: Statement of Need: This ANPRM is a crucial step by DOT in considering how to reduce the risks related to the transportation of hazardous materials by rail. Preventing tank car incidents and minimizing the consequences when an incident does occur are not only DOT priorities, but are also shared by the National Transportation Safety Board (NTSB), industry, and the general public. These same groups also question the survivability of general service tank cars built to the current regulatory requirements. To this end, PHMSA will consider regulatory amendments to enhance the standards for tank cars, most notably, DOT Specification 111 tank cars used to transport certain hazardous materials and explore additional operational requirements to enhance the safe transportation of hazardous materials by rail.
Legal Basis: The authority of 49 U.S.C. 5103(b), which authorizes the Secretary of Transportation to “prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce.”

Alternatives: PHMSA and FRA are committed to a comprehensive approach to addressing the risk and consequences of derailments involving hazardous materials by addressing not only survivability of rail car designs, but the operational practices of rail carriers. Obtaining information and comments in an ANPRM will provide the greatest opportunity for public participation in the development of regulatory amendments, and promote greater exchange of information and perspectives among the various stakeholders to promote future regulatory action on these issues.

Costs and Benefits: Given that we are in the ANPRM stage of this action, we are still determining the best path forward. As such, the costs and benefits have not yet been fully quantified. The ANPRM requests comments on both the path forward and the economic impacts.

Risks: DOT conducted research on long-standing safety concerns regarding the survivability of the DOT Specification 111tank cars designed to current HMR requirements and used for the transportation of flammable liquids. The research found that special consideration is necessary for the transportation of flammable liquids in DOT Specification 111 tank cars, especially when a train is configured as a unit train. Through the research, DOT identified and ranked several enhancements to the current specification that would increase tank car survivability. The highest ranked options are low cost and the most effective at preventing loss of containment and catastrophic failure of a DOT Specification 111 tank car during a derailment. Timetable: Action Date FR Cite ANPRM 09/06/2013 78 FR 54849 ANPRM Comment Period End 11/05/2013 ANPRM Comment Period Extended 11/05/2013 78 FR 66326 ANPRM Extended Comment Period End 12/05/2013 ANPRM Analyzing Comments 12/00/2013

Additional Information: HM- 251; SB-Y; IC-Y; SLT-N; This ANPRM will provide the greatest opportunity for public participation in the development of regulatory amendments, and promote greater exchange of information and perspectives among the various stakeholders. This additional step will lead to more focused and well-developed proposals that reflect the views of all regulated entities. Comments received will be used in our evaluation and development of future regulatory action on these issues.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Ben Supko Transportation Regulations Specialist Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202- 366-8553 E- Mail: ben.supko@dot.gov

Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration ( PHMSA ) RIN: 2137- AE66

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Title: Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines Abstract: This rulemaking would address effective procedures that hazardous liquid operators can use to improve the protection of High Consequence Areas (HCA) and other vulnerable areas along their hazardous liquid onshore pipelines. PHMSA is considering whether changes are needed to the regulations covering hazardous liquid onshore pipelines, whether other areas should be included as HCAs for integrity management (IM) protections, what the repair timeframes should be for areas outside the HCAs that are assessed as part of the IM program, whether leak detection standards are necessary, valve spacing requirements are needed on new construction or existing pipelines, and PHMSA should extend regulation to certain pipelines currently exempt from regulation. The Agency would also address the public safety and environmental aspects any new requirements, as well as the cost implications and regulatory burden.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 49 CFR 195 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 60101 et seq Legal Deadline: None

Regulatory Plan: Statement of Need: This rulemaking would respond to the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L. 112-90), which includes several provisions and mandates that are relevant to the 49 CFR including section 195.452 (hazardous liquid integrity management). The rule also would respond to several NTSB recommendations, a GAO recommendation, public safety community input, research and technology advancements, and reviews of recent incident and accident reports to refine and improvement of existing hazardous liquid regulations. This action would better protect the public, property, and the environment by ensuring that additional pipelines are subject to regulation, thus increasing the detection and remediation.
Legal Basis: Congress established the current framework for regulating the safety of hazardous liquid pipelines in the Hazardous Liquid Pipeline Safety Act (HLPSA) of 1979 (P.L. 96-129). Like its predecessor, the Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481), the HLPSA provided the Secretary of Transportation (Secretary) with the authority to prescribe minimumFederal safety standards for hazardous liquid pipeline facilities. That authority, as amended in subsequent reauthorizations, is currently codified in the Pipeline Safety Laws (49 U.S.C. §§ 60101 et seq.).This action would respond to the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L. 112-90), which requires that the Secretary of Transportation to study and submit to Congress reports on various topics related to hazardous liquid transportation by pipeline and to amend the current pipeline safety statutes through the rulemaking process after submission of these reports. The mandates which this rule responds to are found in Section 5(IM), Section 8 (leak detection), Section 21 (Gathering Lines), Section 29 (seismicity) and Section 14 (bio fuels).

Alternatives: PHMSA considered various alternatives for each of the eight proposals of this NPRM. The alternative considered for all proposals was "no action or status quo" in addition to other various appropriate alternatives. Other alternatives reviewed included establishing different requirements for the large and small operators; creating a "Monitored" category; application of the existing IM repair criteria to anomalous conditions discovered outside of HCAs, use of a tiered, risk-based approach for repairing anomalous conditions discovered outside of HCAs, require ILI assessment for all pipelines and a rigid structured data integration program. Special consideration was given to alternatives that lessened regulatory burdens and provided operator flexibility in performance of a requirement.

Costs and Benefits: PHMSA cannot estimate costs or benefits precisely, but based on the information, the present value of costs and benefits over a 20-year period is approximately $56 million and $98 million, respectively at 7 percent. Thus, net benefits are approximately $46 million ($102 million - $56 million) over 20 years.

Risks: This rulemaking would provide increased safety for the regulated entities and reduce pipeline safety risks. Timetable: Action Date FR Cite ANPRM 10/18/2010 75 FR 63774 ANPRM Comment Period Extended 01/04/2011 76 FR 303 ANPRM Comment Period End 01/18/2011 ANPRM Extended Comment Period End 02/18/2011 NPRM 04/00/2014

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: John A Gale Transportation Regulations Specialist Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202- 366-0434 E- Mail: john.gale@dot.gov

Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration ( PHMSA ) RIN: 2137- AE72

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Title: Pipeline Safety: Gas Transmission (RRR) Abstract: This rulemaking action would enhance safety, revise and clarify the pipeline safety regulations applicable to the transmission and gathering of natural gas by pipeline. This rulemaking would address the implementation of integrity management principles for gas transmission pipelines in and out of High Consequence Areas (HCAs). In addition, PHMSA would also address the repair criteria for both HCA and non-HCA areas, corrosion control requirements, MAOP exceedance reporting and expanding requirements for integrity management.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 49 CFR 192 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 60101 et seq Legal Deadline: None

Regulatory Plan: Statement of Need: 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 shut off valves, valve spacing, and whether applying the integrity management program requirements to additional areas would mitigate the need for class location requirements. This rulemaking is in direct response to Congressional mandates in the 2011 PipelineReauthorization Act, specifically; section 4 (e) Gas IM plus 6 months), section 5(IM), 8 (leak detection), 23 (b)(2)(exceedance of MAOP); section 29 (seismicity). Congress has requested PHMSA to review the existing regulations for gas transmission by pipeline and strengthen them through more clarity and expansion of of IM for gas pipelines. The goal of this rule is to improve gas transmission pipeline safety.
Legal Basis: This action would respond to the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L. 112- 90), which requires that the Secretary of Transportation to study and submit to Congress reports on various topics related to transmission of natural gas by pipeline and to amend the current pipeline safety statutes through the rulemaking process after submission of these reports. The mandates which this rule responds to are found in section 4 (e) (Gas IM) , section 5 (IM), section 23 (b)(2)(exceedance of MAOP) and section 29 (seismicity).

Alternatives: Alternative analyzed included no change and extention of the compliance deadlines associated with the major cost of the requirement area; namely, development and implementation of management of change processes that apply to all gas transmission pipelines beyond that which already applies to beyond IMP- and control center-related processes.

Costs and Benefits: PHMSA does not expect the proposed rule to adversely affect the economy or any sector of the economy in terms of productivity and employment, the environment, public health, safety, or State, local, or tribal government. PHMSA has also determined, as required by the Regulatory Flexibility Act, that the rule would not have a significant economic impact on a substantial number of small entities in the United States. Additionally, PHMSA determined that the rule would not impose annual expenditures on State, local, or tribal governments in excess of $152 million, and thus does not require an Unfunded Mandates Reform Act analysis. However, the rule would impose annual expenditure on private sector in excess of $152 million and is therefore economically significant.

Risks: This proposed rule will strengthen current pipeline regulations and lower the safety risk of all regulated entities. Timetable: Action Date FR Cite ANPRM 08/25/2011 76 FR 5308 ANPRM Comment Period Extended 11/16/2011 76 FR 70953 ANPRM Comment Period End 12/02/2011 End of Extended Comment Period 01/20/2012 NPRM 07/00/2014

Additional Information: SB- Y IC-N SLT-N;

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: Cameron H Satterthwaite Transportation Regulations Specialist Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE, Washington, DC 20590 Washington , DC 20590 Phone: 202 366 -8553 E- Mail: cameron.satterthwaite@dot.gov