### DEPARTMENT OF TRANSPORTATION (DOT) Introduction: Department Overview and Summary of Regulatory Priorities

The Department of Transportation (DOT) con sist s of 10 operating administrations and the Office of the Secretary, each of which has statut ory responsibility for a wide range of regulations. DOT regulates safety in the aviation, motor carrie r, railroad, motor vehicle, commercial space, and pipeline transportation areas. DOT also r egulates aviation consumer and economic issues and provides financial assistance for programs involving highways, airports, public transportation, the maritime industry, railroads, and motor vehicle safety. The Department writes regulations to carry out a variety of statutes ranging from t he Americans with Disabilities Act to the Uniform Time Act. Finally, DOT develops and implements a wide range of regulations that govern internal programs such as acquisitions and grants, acce ss 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 mi ssion gene rally is as follows:

The national objectives of general welfare, econom ic gro wth 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 obj ectives, including the efficient use and conservation of the resources of the United States.

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

• Safety: Improve public health and safety by reducin g transp ortation-related fatalities and injuries.

• State of Good Repair: Ensure the U.S. proa ctively maintains its crit ical transportation infrastructure in a state of good repair.

• Economic Competitiveness: Promote transport ation policies an d investments that bring lasting and equitable economic benefits to the Nation and its citizens.

• Livable Communities: Foster livable co mmunities through place-based policies and investments that increase tran sportation choi ces and access to transportation services.

• Environmental Sustainability: Advance environ mentally sustainabl e policies and investments that reduce carbon and other harmful emissions from transportation sources.

In identifying our regulatory priorities fo r the next year, the Departm ent co nsi dered 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 Wante d List”

• The costs and benefits of the regulations

• The advantages to non-regulatory alternatives

• Opportunities for deregulatory action

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

### This regulatory plan identifies the Department’s regulatory priorities—the 17 pending rulemakings chosen from among the dozens of sign ificant 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 regula tory plan embody the Department’s focus on our strategic goals.

The regulatory plan reflects the Department ’ s pri m ary focus on safety—a focus that extends across several modes of transportation. For example:

• The Federal Aviation Administration (FAA) will continue to enha nce the safety of our airways by its initiative to revise rest requirements for commercial pilots.

• The Federal Motor Carrier Safety Administration (FMCSA) has initiated rulemakings to strengthen th e requi rements for Electronic On-Board Recorders.

• Both FMCSA and the Federal Railroad Administration (FRA) are working to improve safety by regulating the maximum amount of time comme rc ial drivers and conduct ors can operate their vehicles.

• National Highway Traffic Safety Administ ration (NHTSA) will cont inue its rulemaking to redu ce death and injury resulting from incidents in volving vehicle drivers backing over people.

• FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) are focusing on important rulemaking initiatives for addre ss di stracted driving from the use of electronic devices.

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

• NHTSA is engaged in two major rulemakings to address fuel economy standards for both light and hea vy duty vehicles.

• Office of the Secretary of Transportation (OST) is focu sed on its second major aviation consumer rulemaking designed to further safeguard the interests of consumers flying the Nation’s skies.

Each of the rulemakings in the regulatory plan is described b el ow 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 in the Department’s regulatory process and other im portant regulatory initiatives of OST and of each of the Department’s components. Since each tran sportation “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 ha s its own regulatory responsibilities, such as consumer protection in the aviation industry.

The Department’s Regulatory Philosophy and Initiatives

The Department has adopted a regulator y philo sophy that appli e s to all its rulemaking activities. This philosophy is articulated as follows: DOT regulations must be clear, simple, timely, fair, reasonable, and necessary. They w ill 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 gover nmental 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 hig h 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) effectiv e tracking and coordination of rulemakings, (3)

### regular reporting, (4) early briefi ngs of interested offi cials, (5) regular training of staff, and (6) adequate allocations of resources. The Department has achieved significant success because of this effort. It allows the De partment to use its resources more effectively and efficiently.

The Department's regulatory policies and procedures provide a comp re hensive 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 traini ng courses for its employees; its use of an electronic, Internet-accessible dock et that can also be used to submit comments electronically; a “list serve” that allows the public to sign up for e-mail notification when the Department issues a rulemaking document; creation of an electronic rulemaking tracking and coordination system; the use of direct final rulemaking; the use of r egulatory negotiation; an expanded Internet page that provides important regulatory information, including “effects” reports and status reports (http://regs.dot.gov/); and the use of Internet blog s 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 partnershi ps bet ween its agencies and its customers that will produce good results for transportation programs and safety. The Depart ment's agencies also have established a number of continuing partnership mechanisms in the form of rulemaking advisory committees.

The Department is also actively engaged in the rev i ew of existin g rules to determine whether they need to be revised or revoked. These revi ews are in accordance with section 610 of the Regulatory Flexibility Act, Executive Order 12866, and the Department's Regulatory Policies and Procedures. This includes determining whether the rules would be more understandable if they were written using a plain language approach. Appendix D to our regulatory agenda highlights our efforts in this area.

The Department will also continue its effo rts to use advances in technology to improve its rulema ki ng 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. By doing this, the Department is providing valuable information concerning our rulemaking activity and is providing informat ion necessary for the public to evaluate the Department's progress in meeting its commitment to completing quality rulemakings in a timely

manner.

The Department will continue to place great emphasis on the need to complete high quality rulemakings by involving senior d epartmental o fficials 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 impleme nts the Departm e nt's regulatory policies and procedures and is responsible for ensuring the involvement of top management in regulat ory decisionmaking. Through the General Counsel's office, OST is also responsible for en suring that the Department complies with the Administrative Procedure Act, Executive Order 12866 (Regulatory Planning and Review), DOT’s Regulatory Policies and Procedures, and other legal and policy requirements affecting rulemaking. Although OST’s principal role concerns the review of the Department’s significant rulemakings, this office has the lead role in the substance of projects concerning aviation economic rules and other rules that affe ct multiple elements of the Department.

OST provides guidance and training r egarding complian ce with regulatory requirements and

### process for use by personnel throughout the Depar tment. OST also plays an instrumental role in the Department’s efforts to improve our econ omic analyses; risk assessments; regulatory flexibility analyses; other related analyses; and data quality, including peer reviews.

OST also leads and coordinates the Depart ment’s respon se to the Office of Manag ement and Budget’s (OMB) intergovernmental review of ot her agencies’ significant rulemaking documents and to Administration and congressional proposal s 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 inform ation on how various proposals would affect the ability of the Department to perform its safety, infrastructure, and other missions.

During fiscal year 2011, OST will continue to focus it s efforts on e nhancing airline passenger protections by requiring carriers to adopt various consumer service practices (2105-AD92).

OST will also continue its efforts to help coordinate the activities of several operating administratio ns that advan ce various departmen tal efforts that support the Administration’s initiatives on promoting safety; stimulating the economy and creating jobs; sustaining and building America’s transportation infrastructure; and im proving livability for the people and communities who use transportation systems subj ect to the Department’s policies.

Federal Aviation Administration (FAA)

The Federal Aviation Administration is charged with safely and efficiently operating and maintainin g the most com p lex aviation system in the world. It is guided by its Flight Plan goals: Increased Safety, Greater Capacity , International Leadership, and Organizational Excellence. It issues regulations to provide a safe and efficient global aviation system for civil aircraft, while being sensitive to not imposing undue regulatory burdens and costs on small businesses.

FAA Activities that may lead to rulemaking in fiscal year 2011 include:

• Promotion and expansion of safety informati on sh ari n g efforts, such as FAA-industry partnerships and data-driven safety programs that prioritize and address risks before they lead to accidents. Specifically, FAA will c ontinue 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.

• Continuing to work cooperatively to harmonize the U.S. aviation regulations with those of other countries, without compromising rigorous safety standards. The differences worldwide in certification standards, practice and procedures, and operating rules must be identified and minimized to reduce the regulatory burden on the international aviation system. The differences between the FAA regulations and the requirements of other nations impose a heavy burden on U.S. aircraft manufacturers and operators, some of which are small businesses. Standardization should help the U.S. aerospace industry remain internationally competitive. The FAA continues to publish regulations based on recommendations of Aviation Rulemaking Committees that are the result of cooperative rulemaking between the U.S. and other countries.

• In addition to the regulatory priorities specifi ed below, addition al priorities will come from the Airline Safety and Federal Aviation Administra tion Extension Act of 2010, signed by the President on August 1, 2010.

FAA top regulatory priorities for 2010 to 2011 include:

• Qualification, Service, and Use of Crewmem be r s and Aircraft Dispatchers (2120-AJ00)

• Helicopter Air Ambulance and Commercial He licopte r Safety Initiatives and Miscellaneous Amendments (2120-AJ53)

### • Flight and Duty Time Limitations and Rest Requirements (2120-AJ58)

The Crewmember and Aircraft Dispatcher Tr aini ng rulema kin g would include proposals to:

• Reduce human error and improve performance am ong flight cre w members, flight attendants, and aircraft dispatchers;

• Enhance traditional training programs through the use of flight simulation training devices for flight crew me mbers; and

• Include additional training in areas critical to safety.

The Air Ambulan ce a nd Commercial Helicopter rulemaking would include proposals to:

• Codify current agency guidance and address National Tran sp ortation Safety Board recommendations;

• Provide certificate holders and pilots with tool s and proce dures that will aid in reducing accidents;

• Require additional equipment on board helicopters or air ambulances; and

• Amend all part 135 commercial helicopter operations regulations to include equipment requirem ents, pilot training, and alternate airport weather minimums.

The Flight and Duty Time Limitations and Rest Requirements rulemaking would include proposals to:

• Addre ss fatigue mitigation and use existing fatigue science to establish minimum rest periods, flight time limitations, and d uty period limits for flight crewmembers;

• Incorporate the use of Fatigue Risk Managem ent Systems as an option to provide operator flexibility for specific operat ions; and

• Reduce human error attributed to fatigue among flight crewmembers.

Federal High w ay Administration (FHWA)

The Federal Highway Administration (FHWA) carries out the Federal highway program in partne rship with State and local a gencies to meet the Nation’s transportation needs. The FHWA’s mission is to improve continually t he 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 sup port of its surface transportation programs;

• To implement legislation in the least bu rd ensome an d restri ctiv e way possible; and

• To pursue regulatory reform in areas where project development can be streamlined or accelerated, dupli cative requirements can be co nsolidated, recordkeeping requirements can be reduced or simplified, and the decisionmaking authority of our State and local partners can be increased.

FHWA’s top regulatory priority for the fi scal year i s to addre ss the remaining congressionally directed rulemaking (Real-Time System Management Information Program (2125-AF19)) resulting from the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Additi onally, the FHWA is in the process of reviewing all FHWA regulations to ensure that they are consis tent with SAFETEA-LU and will update those regulations that are not consistent with this legislation.

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 standar ds, and removing high-risk behavior. In addition to Agency-directed regulations, FMCSA develops regulations mandated by Congress, such as the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). FMCSA regulations establish stand ards for motor carriers, drivers, vehicles, and State agencies receiving certain motor carrier sa fety grants and issuing commercial drivers’ licenses.

FMCSA’s regulatory plan for FY 2011 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) Driver s Of Commercial Vehicles : Restricting The Use Of Cellular Phones (RIN 2126-AB29), (2) Hours of Service (RIN 2126-AB26), (3) Carrier Safety Fitness Determination (RIN 2126-AB11), (4) Elec tronic On-Board Recorders (EOBRs) and Hours of Service Supporting Documents (RIN 2126-AB20), and (5) National Registry of Certified Medical Examiners (RIN 2126-AA97).

Together these priority rules could help to substanti a lly improve commercial motor vehicle (CMV) safety on our Nation’s highways by improv ing FMCSA’s ability to provide safety oversight of motor carriers and drivers. Fo r example, the Drivers of Commer cial Vehicles: Restricting the Use of Cellular Phones rulemaking (RIN 2126-AB29) would place restrictions on mobile phone usage while operating a CMV.

A major undertaking by FMCSA, which began in FY 2010, was to initiate a new rulemaking on Hou rs of Serv ice (RIN 21 26-AB26) as the resu lt of a settlement agreement reached on October 26, 2009. Under terms of the settlement, FMCSA submitted a notice of proposed rulemaking to the Office of Management and Budget within 9 months, and must issue a final rule within 21 months of the settlement.

In FY 2011, FMCSA will continue its work on the Compre hen sive Safety Analysis 2010 (CSA). The CSA initiative will improve the way FMCSA identifies and conducts carrier compliance and enforcement operations over the coming years. CSA’s goal is to improve large truck and bus safety by assessing a wider range of safety perfo rmance data from a larger segment of the motor carrier industry through an array of progressive compliance interventions. FMCSA anticipates that the impacts of CSA and its associated rulema king to put into place a new safety fitness standard will enable the Agency to prohibit “ unfit” carriers from operating on the Nation’s highways (the Carrier Safety Fitness Determin ation(RIN 2126-AB11)) and will contribute further to the Agency’s overall goal of decreasing CMV-related fatalities and injuries.

In FY 2011, FMCSA plans to issue a proposed rule on Electronic On-Board Recorders and Hours of Service Supp orting Documents (RIN 2126-AB20) to expand the number of carriers required to install and operate EOBRs and clarif y the supporting document requirements beyond the population covered by the Agency’s April 5, 2010, final rule.

Also in FY 2011, FMCSA plans to issue a final rule on the Natio nal Re gistry o f Certified Medical Examiners (RIN 2126-AA97) to establish training and testing requirements for healthcare professionals who issue medical ce rtificates to CMV drivers.

In order to manage its rulemaking agenda, FM CSA continues to involve senior age ncy lea ders at the earliest stages of its rulemakings, and continues to refine its regulatory development process. The Agency also holds senior exec utives accountable for meeting deadlines for completing rulemakings.

National Highway Traffic Safety Administration

### The statutory responsibilities of the Nati onal 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 rest raints, and tires; and improving automotive fuel efficiency. NHTSA pursues policies that encourage the development of non-regulatory approaches when feasible in meeting its stat utory 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 prop osed regulatory action. Finally, it considers alternatives consistent with the Administration’s regulatory principles.

NHTSA continues to pursue the high priority vehicle safety issue of occupant protection in rollover events and will issue a final rule establishing performance standards to reduce complete and partial ejections of vehicle occupants from out board seating positions in fiscal year 2011. NHTSA will continue to work towards a final rule to require the installation of lap/shoulder belts in newly manufactured motorcoaches in accordance with NHTSA’s 2007 Motorcoach Safety Plan and DOT’s 2009 Departmental Motorcoach Safety Action Plan. NHTSA also plans to publish a final rule on Rearview Visibility in 2011; this action will expand the required field of view to enable the driver of a motor vehicle to detect areas behi nd the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small children and disabled persons.

NHTSA will continue its efforts to reduce dome stic depen dency on foreign oil in accordance with the Energy Independence and Security Act (E ISA) of 2007 by publishing in conjunction with EPA a joint notice of proposed rulemaking setting, for the first time, the corporate average fuel economy (CAFE) standards for both medium- and heavy-duty truc ks. NHTSA will also publish a notice of proposed rulemaking that would propose CAFE standards for light trucks and passenger cars for model years 2017 and beyond in fiscal year 2011.

In addition to numerous programs that focus on the safe performance of motor vehicles, the Agency is engage d in a variety of programs to im p rove 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 iss ue areas, the Agency is focusing especially on three strategies—conducting highly visible, we ll-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 intervent ion by medical and health care professionals. Other behavioral efforts encourage child sa fety-seat use; combat excessive speed and aggressive driving; improve motorcycle, bicycl e, and pedestrian safety; and provide consumer information to the public.

Federal Railroad Administration (FRA)

FRA's current regulatory program contains num ero u s man dates resulting from the Rail Safety Improvement Act of 2008 (RSIA08), as well as actions supporting the Department's High-Speed Rail Strategic Plan. RSIA08 alone has resulted in at least 18 rulemaking actions, which are competing for limited resources to meet statutory deadlines. FRA has prioritized these rulemakings according to the greatest effect on safety, as well as expressed congressional interest, and will work to complete as many rule makings as possible prior to their statutory deadlines. Revised timelines for completion of unfinished regulations will be forwarded to Congress for consideration.

Through the Railroad Safety Advisory Committee (RSAC), FRA is work ing to c omplete RSIA08 actions that include developing requirement s for train conductor certification, roadway worker protection, hours of se rvice for employees of intercity and commuter passenger rail

### service, and training for railroad employees. Specifically, with regard to passenger hours of service, FRA is developing a notice of propos ed rulemaking that would include proposals to establish hours of service limitations for trai n employees of commuter and intercity passenger railroads. The regulation will also address fatigue issues. RSAC-supported actions that advance high-speed passenger rail include proposed revision s to the Track Safety Standards dealing with vehicle-track interaction. FRA is also initia ting a rulemaking related to the development of railroad risk reduction and system safety programs. This activity will be a multi-year effort due to the underlying statutory requirement s that must be undertaken prior to the issuance of any final rule.

Federal Transit Administration (FTA)

FTA helps communities support public transportation by making grants of Federal funding for transit vehi cles , con struction of transit facilities, and planning and operation of transit and other transit-related purposes. FTA regulatory activity focuses implementing the laws that apply to recipients’ uses of federal funding and the terms and conditions of FTA grant awards. FTA policy regarding regulations is to:

• Provide maximum benefit to the mobility of t he nation’s citizens and the connectivity of transpo rtation infrastructure;

• Provide maximum local discretion;

• Ensure the most productive use of limited Federal resources;

• Protect taxpayer investments in public transportation;

• Incorporate principles of sound managem ent into the grant ma nag ement process.

As the needs for public transportation have changed over the years, the Federal transit prog rams hav e grown in number and complexity. FTA’s regulatory priorities for the coming year will reflect the mandates of the Agency’s authorizatio n statute, including, mo st notable, the Major Capital Investments “New Starts” program and the State Safety Oversight (SSO) program. The New Starts program is the main source of disc retionary Federal funding for construction of rapid rail, light rail, commuter rail, and other forms of transit infrastructure. The SSO program addressed the safety of rapid ra il systems and other forms of rail transit not otherwise regulated by the Federal Railroad Administration. FTA also anticipates amending its regulations governing recipients’ management of major capital projects and its Bus Testing rule.

Maritime Administration (MARAD)

The Maritime Administration (MARAD) administers Federal laws and programs to promote and stren gthen th e U.S. merch ant marine to meet the economic and security needs of the Nation. To that end, MARAD’s efforts are focused upon en suring 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 prioriti e s refle c t the Agency’s responsibility for ensuring the availability of a U.S. merchant marine that can provide water transportation services for American shippers and consumers and, in times of war or national emergency, for the U.S. armed forces. Major program areas include: The Maritime Security Program; the Voluntary Intermodal Sealift Agreement program; the National Defense Reserve Fleet and the Ready Reserve Force; the Maritime Guaranteed Loan finan cing program; the United States Merchant Marine Academy, and mariner education and trai ning support programs; the Deepwater Port Licensing program; and monitoring and enforcement of U.S. cargo preference laws. In April 2010, the Secretary announced MARAD’s newest program, the “America’s Marine Highway Program.”

MARAD’s primary regulatory activities in fiscal year 2011 will be to assess existing cargo preference-related regulations, and to propose updates or new regulations where appropriate.

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

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has responsibility for rulem aki ng u nder two programs. Through the As sociate 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 t he Oil Pollution Act of 1990.

PHMSA will continue to wo rk toward the elimination of deaths and injuri es a ssociated with the transportation of hazardous materials by all trans portation modes, including pipeline. We will concentrate on the prevention of high-risk incidents identified through the evaluation of transportation incident data and fi ndings of the National Transportation Safety Board. PHMSA will use all available agency tools to assess data; evaluate alternative safe ty strategies, including regulatory strategies as necessary and appropriat e; target enforcement efforts; and enhance outreach, public education, and training to promote safety outcomes.

PHMSA will continue to focus its safety e fforts on the resolution of highest pri o rity risks. PHMSA will consider regulatory changes to combat the dangers practice of distracted driving. In an effort to understand and mitigate crashes associ ated with driver distraction, the DOT has been studying the distracted drivi ng issue with respect to both behavioral and vehicle safety countermeasures. As part of the DOT’s overa ll strategy to this problem, PHMSA plans to address the practice of text messaging (2137 -AE63) and mobile phone (2137-AE65) use while driving. PHMSA’s rules would apply to commercia l motor vehicle drivers transporting a quantity of hazardous material requiring placarding unde r part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

PHMSA is also considering whether changes are needed to the regulations covering hazardous liquid onshore pipelines. In particular, PHMSA is considering whether it should extend regulation to certain pipelines currently exempt from regulation; whether other areas along a pipeline should either be identified for extra protection or be included as additional high consequence areas (HCAs) for Integrity Management (IM) protection; whether to establish and/or adopt standards and procedures for minimum lead detection requirements for all pipelines; whether to require the installation of emergency fl ow restricting devices (E FRDs) in certain areas; whether revised valve spacing requirements are needed on new construction or existing pipelines; whether repair timeframes should be specified for pipeline segments in areas outside the HCAs that are assessed as part of the IM; and whether to establish and/or adopt standards and procedures for improving the methods of prev enting, detecting, assessing and remediating stress corrosion cracking (SCC) in hazardous liquid pipeline systems.

Research and Innovative Technology Administration (RITA)

The Research and Innovative Technology Ad mini stration (RIT A) see ks to identify and facilitate solutions to the challenges and opportunities facing America’s transportation system through:

• Coordination, facilitation, and review of the Departme nt's research and development programs and activities;

• Providing multi-modal expertise in transportation and logistics research, analysis, strategic planning, syst ems en gineering and training;

• Advancement, and research and development, of innovative technologies, including intelligent tran sp ortation systems;

• Comprehensive transportation statis tics rese arch, analysis, and reporting;

• Managing education and training in transportati on and national tra n sportation-related fields; and

### • Managing the activities of the John A. Vol pe National Transportation Systems Center.

Through its Bureau of Transportation Statisti cs, Off i ce of Airline Information, RITA collects, compiles, analyzes, and makes accessible information on the Nation's air transportation system. RITA collects airline financial, traffic, and operat ing statistical data, including on-time flight performance data that highlight long tarmac times and chronically late flights. This information gives the Government consistent and comprehen sive 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 authorit ies, performing airline and industry status evaluations, supporting air service to small co mmunities, setting Alaskan Bush Mail rates, and meeting international treaty obligations.

Through its Intelligent Transportation System s Joint Program Office (ITS/JPO ), RITA condu cts research and demonstrations and, as appropriate, may develop new regulations, in coordination with OST and other DOT operating administrations, to enable deployment of ITS research and technology results. This office collects and di sseminates benefits and costs information resulting from ITS-related research along with direct meas urement 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 Archite cture; develop o pen , non-proprietary interf ace standards to facilitate rapid and economical adoption of nationally interoperable ITS technol ogies; and cooperate to harmonize ITS standards internationally. These standards are incorporat ed into DOT operating administration regulatory activities when appropriate.

Through its Volpe National Transportati on System s Center, RIT A 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 Institut e, RITA design s , develo p s, conducts, and evaluates training and technical assistance programs in tr ansportation safety and security to support DOT operating administration regulatory implementation and enforcement activities.

RITA’s regulatory priorities are to as sist OST and all DOT op erati ng 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.

QUANTIFIABLE COSTS AND BENEFITS OF RULEMAKINGS

ON THE 2010 to 2011 DOT REGULATORY PLAN (This chart does not account for non-quantifi able be ne fits, which are often sub stantial.)

Agency/RIN

Num ber Title Stage Quan tifiable Costs

Discoun ted 2007 $ (Millions) Quantifiable Benefits

Discounte d 2007 $ (Millions)

OST

### 2105-AD92 Enhancing Airline Passenger Protections – Part 2 FR 05/11 87.6 26.0

Total for OST 87.6 26.0

FAA

2120-AJ00 Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers SNPRM 01/11 TBD TBD

2120-AJ53 Helicopter Air Ambulance and Commercial Helicopter Safety Initiatives and Miscellaneou s Amendments FR 10/11 TBD TBD

2120-AJ58 Flight and Duty Time Limitations and Rest Re quirements FR 07/11 TBD TBD

Total for FAA 0 0

FMCSA

2126-AA97 National Registry of Certified Medical Examiners FR 4/11 587 1,034

2126-AB11 Carrier Safety Fitness Determination NPRM 4/11 TBD TBD

2126-AB20 Electronic On-Board Reco rders and Hours of service Supporting Documents TBD TBD TBD

2126-AB26 Hours of Service NPRM 11/10 TBD TBD

2126-AB29 Drivers of Commercial Vehicles: Restricting the Use Of Cellul ar Phones NPRM 12/10 TBD TBD

Total for FMCSA 587 1,034

NHTSA

2127-AK23 Ejection Mitigation FR 01/11 583 1,741 – 2,188

2127-AK43 Rearview Mirrors NPRM 12/10 1,861 – 1,933 619 – 778

### 2127-AK74 Heavy Duty Truck Fuel Economy Emissions NPRM 1 2/10 7,753 49,340

2127-AK79 Passenger Car and Light Truck Corpor ate Average Fuel Economy Standards MYs 2017 and Beyond Supplemental Notice of Intent 12/10 TBD TBD

Total for NHTSA 10,197 – 10,269 51,700 – 52,306

FRA

2130-AC15 Hours of Service: Passenger Train Employee s NPRM 05/11 TBD TBD

Total for FRA 0 0

FTA

2132-AB02 Major Capital Investment Projects NPRM 06/11 TBD TBD

Total for FTA 0 0

PHMSA

2137-AE63 Hazardous Materials: Limiting the Use of Electro nic Devices by Highway FR 03/11 TBD TBD

2137-AE65 Hazardous Materials: Limiting the Use of Mobile Telephones by Highway NPRM 01/11 TBD TBD

Total for PHMSA 0 0

TOTAL FOR DOT 10,871.6 – 10,943.6 52,760 – 53,366

Notes :

Costs and benefits discounted at a 7 percent disco unt rate over the lifetime of the model years involved (5 model years for fuel economy, 1 model year for the other standards).

Costs and benefits of rulemakings may be forecast over varying periods . Although the forecast periods will be the same for any giv en rulemaking, comparison s between proceedings should be made cautiously.

The Department of Transportation genera lly assu mes that there are e conomic benefits to avoiding a fatality of $6 million. That economic value is included as part of the benefits estimates shown in the chart. As noted above, we hav e not included the non-quantifiable benefits.The 17 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage

Enhancing Airline Passenger Protections—Part 2 2105-AD92 Final Rule Stage

Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers 2120-AJ00 Proposed Rule Stage
Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments 2120-AJ53 Proposed Rule Stage

Flight and Duty Time Limitations and Rest Requirements 2120-AJ58 Final Rule Stage

Carrier Safety Fitness Determination 2126-AB11 Proposed Rule Stage

Electronic On-Board Recorders and Hours of Service Supporting Documents 2126-AB20 Proposed Rule Stage

Hours of Service 2126-AB26 Proposed Rule Stage

Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones 2126-AB29 Proposed Rule Stage

National Registry of Certified Medical Examiners 2126-AA97 Final Rule Stage
Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017 and Beyond 2127-AK79 PreRule Stage

Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors 2127-AK43 Proposed Rule Stage
Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work Truck Fuel Efficiency Standards 2127-AK74 Proposed Rule Stage

Ejection Mitigation 2127-AK23 Final Rule Stage

Hours of Service: Passenger Train Employees 2130-AC15 Proposed Rule Stage

Major Capital Investment Projects 2132-AB02 Proposed Rule Stage

Hazardous Materials: Limiting the Use of Mobile Telephones by Highway 2137-AE65 Proposed Rule Stage

Hazardous Materials: Limiting the Use of Electronic Devices by Highway 2137-AE63 Final Rule Stage

Department of Transportation (DOT) Office of the Secretary ( OST ) RIN: 2105-AD92

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Title: Enhancing Airline Passenger Protections—Part 2
Abstract: This rulemaking would enhance airline passenger protections by addressing the following areas: (1) Contingency plans for lengthy tarmac delays; (2) reporting of tarmac delay data; (3) customer service plans; (4) notification to passengers of flight status changes; (5) inflation adjustment for denied boarding compensation; (6) alternative transportation for passengers on canceled flights; (7) opt-out provisions (e.g. travel insurance); (8) contract of carriage provisions; (9) baggage fees disclosure; and (10) full fare advertising.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 41712; 49 USC 40101; 49 USC 41702 Legal Deadline: None

Regulatory Plan:
Statement of Need: This rule is needed to improve the air travel environment for passengers.

Legal Basis: The Department has authority and responsibility under 49 U.S.C. 41712, in concert with 49 U.S.C. 40101 and 49 U.S.C. 41702, to protect consumers from unfair and deceptive practices and to ensure safe and adequate service in air transportation.

Alternatives: The main alternative would be to take no regulatory action.

Costs and Benefits: To be determined.Risks: The risk of not taking regulatory action would be a continuation of the dissatisfaction and frustration passengers have with the air travel environment.
Timetable:

Action Date FR Cite
NPRM 06/08/2010 75 FR 32318
Clarification to NPRM 06/25/2010 75 FR 36300
NPRM Comment Period Extended 08/03/2010 75 FR 45562
NPRM Comment Period End 08/09/2010
Extended Comment Period End 09/23/2010
Final Rule 04/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined
Federalism: No Energy Affected: No
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov
Related RINs: Related to 2105-AD72 Agency Contact: Blane A. Workie Attorney Department of Transportation Office of the Secretary 1200 New Jersey Avenue SE Washington , DC 20590 Phone: 202 366-9342 TDD Phone: 202 755-7687 FAX: 202 366-7152 E-Mail: blane.workie@ost.dot.gov

Department of Transportation (DOT) 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: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No
CFR Citation: 14 CFR 119; 14 CFR 121; 14 CFR 135; 14 CFR 142; 14 CFR 65 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44904; 49 USC 44912; 49 USC 46105 Legal Deadline: None

Regulatory Plan:
Statement of Need: This rulemaking is part of the FAA's efforts to reduce fatal accidents in which human error was a major contributing cause. The changes would reduce human error and improve performance among flight crewmembers, flight attendants, and aircraft dispatchers. National Transportation Safety Board (NTSB) investigations identified several areas of inadequate training that were the probable cause of an accident. This rulemaking contains changes to address the causes and factors identified by the NTSB.

Legal Basis: The FAA's authority to issue rules on aviation safety is found in title 49 of the United States Code. This rulemaking is promulgated under the authority described in 49 U.S.C. 44701(a)(5), which requires the Administrator to promulgate regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security.Alternatives: During the Notice of Proposed Rulemaking (NPRM) phase, the FAA did not find any significant alternatives in accordance with 5 U.S.C. section 603(d). The FAA will again review alternatives at the final rule phase.

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

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

Action Date FR Cite
NPRM 01/12/2009 74 FR 1280 Notice of public meeting 03/12/2009 74 FR 10689
NPRM Comment Period Extended 04/20/2009 74 FR 17910
NPRM Comment Period End 05/12/2009
NPRM Extended Comment Period End 08/10/2009 Supplemental NPRM 03/00/2011

Additional Information: For flight crewmember information contact Edward Cook, for flight attendant information contact Nancy Lauck Claussen, and for aircraft dispatcher information contact Leo Hollis, Air Carrier Training Branch (AFS-210), Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267 8166.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No
Federalism: No Energy Affected: No
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Nancy L Claussen Department of Transportation Federal Aviation Administration 800 Independence Avenue SW Washington , DC 20591 Phone: 202 267-8166 E-Mail: nancy.claussen@faa.gov

Department of Transportation (DOT) Federal Aviation Administration ( FAA ) RIN: 2120-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 the National Transportation Safety Board, Aviation Rulemaking Committee, and internal FAA recommendations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 14 CFR 1; 14 CFR 135 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40101 to 40103; 49 USC 40120; 49 USC 41706; 49 USC 41721; 49 USC 44101; 49 USC 44106; 49 USC 44111; 49 USC 46306; 49 USC 46315; 49 USC 46316; 49 USC 46504; 49 USC 46506; 49 USC 46507; 49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531 Legal Deadline: None

Regulatory Plan:
Statement of Need: Since 2002, there has been an increase in fatal helicopter air ambulance accidents. The FAA has undertaken initiatives to address common factors that contribute to helicopter air ambulance accidents including issuing notices, handbook bulletins, operations specifications, and advisory circulars (ACs). This rule would codify many of those initiatives, as well as several NTSB and part 125/135 Aviation Rulemaking Committee recommendations. In addition, the House of Representatives and the Senate introduced legislation in the 111th Congress and in earlier sessions that would address several of the issues raised in this rulemaking.

Legal Basis: This rulemaking is promulgated under the authority described in 49 U.S.C. 44701(a)(4), which requires theAdministrator to promulgate regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers, and 49 U.S.C. 44701(a)(5), which requires the Administrator to promulgate regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security.

Alternatives: Alternative One: The alternative would change the compliance date from three years to four years after the effective rule date to install all required pieces of equipment. This would help small business owners cope with the burden of the expenses because they would be able to integrate these pieces of equipment over a longer period of time. This alternative is not preferred because it would delay safety enhancements. Alternative Two: The alternative would exclude the HTAWS unit from this proposal. Although this alternative would reduce annualized costs to small air ambulance operators by approximately 12 percent and the ratio of annualized cost to annual revenue would decrease from a range of between 1.76 percent and 1.88 percent to a range of between 1.55 percent and 1.65 percent, the annualized cost would still be significant for all 35 small air ambulance operators. The alternative not only does not eliminate the problem for a substantial number of small entities, but also would reduce safety. The HTAWS is an outstanding tool for situational awareness in all aspects of flying including day, night, and instrument meteorological conditions. Therefore the FAA believes that this equipment is a significant enhancement for safety. Alternative Three: The alternative would increase the requirement of certificate holders from 10 to 15 helicopters or more that are engaged in helicopter air ambulance operations to have an Operations Control Center. The FAA believes that operators with 10 or more helicopters engaged in air ambulance operations would cover 66 percent of the total population of the air ambulance fleet in the U.S. The FAA believes that operators with 15 or more helicopters would decrease the coverage of the population to 50 percent. Furthermore, complexity issues arise and considerably increase with operators of more than 10 helicopters. All alternatives above are not considered to be acceptable by the FAA in accordance with 5 U.S.C. 603(c).

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

Risks: Helicopter air ambulance operations have several characteristics that make them unique, including that they are not limited to airport locations for picking up and dropping off patients, but may pick up a person at a roadside accident scene and transport him or her directly to a hospital. Helicopter air ambulance operations are also often time-sensitive. A helicopter air ambulance flight may be crucial to getting a donor organ or critically ill or injured patient to a medical facility as efficiently as possible. Additionally, patients generally are not able to choose the helicopter air ambulance company that provides them with transportation. Despite the fact that there are unique aspects to helicopter air ambulance operations, they remain, at their core, air transportation. Accordingly, the FAA has the responsibility for ensuring the safety of these operations.
Timetable:

Action Date FR Cite
NPRM 10/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Lawrence Buehler Flight Standards Service Department of Transportation Federal Aviation Administration 800 Independence Avenue SW. Washington , DC 20591 Phone: 202 267-8452

Department of Transportation (DOT) Federal Aviation Administration ( FAA ) RIN: 2120-AJ58

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Title: Flight and Duty Time Limitations and Rest Requirements
Abstract: This rulemaking would establish one set of flight time limitations, duty period limits, and rest requirements for pilots. The rulemaking is necessary to ensure that pilots have the opportunity to obtain sufficient rest to perform their duties. The objective of the rule is to contribute to and to improve aviation safety. This rulemaking is related to the following: An NPRM (RIN 2120-AF63), and a Withdrawal (RIN 2120-AI93).

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No
CFR Citation: 14 CFR 121; 14 CFR 135 (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 USC44702; 49 USC 44705; 49 USC 44705; 49 USC 44709; 49 USC 44710; 49 USC 44711; 49 USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC 45101; 49 USC 45102; 49 USC 45103; 49 USC 45104; 49 USC 45105; 49 USC 46105 Legal Deadline: None

Regulatory Plan:
Statement of Need: The FAA recognizes that the effects of pilot fatigue are universal, and the profiles of different types of operations are similar enough that the same fatigue mitigations should be applied across all types of operations. In June 2009, the FAA established the Flight and Duty Time Limitations and Rest Requirements Aviation Rulemaking Committee (ARC) whose membership includes labor, industry, and FAA representatives. The ARC reviewed current approaches to mitigating fatigue and in September 2009 made recommendations to the Associate Administrator for Aviation Safety on how to address this issue in FAA regulations. The ARC considered: * An approach to fatigue that consolidates and replaces existing regulatory requirements; * Current fatigue science, data, and information; * How current international standards address fatigue; and * The use of Fatigue Risk Management Systems. Based on ARC recommendations, the FAA is developing new regulations on crewmember flight, duty and rest requirements.

Legal Basis: The FAA's authority to issue rules on aviation safety is found in title 49 of the United States Code. This rulemaking is promulgated under the authority described in 49 U.S.C. 44701(a)(5), which requires the Administrator to promulgate regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security.

Alternatives: The FAA is currently reviewing alternatives to rulemaking.

Costs and Benefits: The proposed rule is designated as "significant regulatory action" as designated in section 3(f) of Executive Order 12866. In addition, the proposed rule would have a significant economic impact on a substantial number of small entities. Quantifiable costs and benefits to be determined.

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

Action Date FR Cite
NPRM 09/14/2010 75 55852
NPRM Comment Period End 11/15/2010
Final Action 07/00/2011

Regulatory Flexibility Analysis Required: Business; Organizations 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 2120-AF63; Related to 2120-AI93 Agency Contact: Nancy L Claussen Department of Transportation Federal Aviation Administration 800 Independence Avenue SW Washington , DC 20591 Phone: 202 267-8166 E-Mail: nancy.claussen@faa.gov

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

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Title: Carrier Safety Fitness Determination
Abstract: This rulemaking would revise 49 CFR part 385, Safety Fitness Procedures, in accordance with the Agency ́s major new initiative, Comprehensive Safety Analysis (CSA) 2010. CSA 2010 is a new operational model FMCSA plans to implement that is designed to help the Agency carry out its compliance and enforcement programs more efficiently and effectively. Currently, the safety fitness rating of a motor carrier is determined based on the results of a very labor intensive compliance review conducted at the carrier ́s place of business. Aside from roadside inspections and new audits, the compliance review is the Agency ́s primary intervention. Under CSA 2010, FMCSA would propose to implement a broader array of progressive interventions, some of which allow FMCSA to make contact with more carriers. Through this rulemaking FMCSA would establish safety fitness determinations based on safety data consisting of crashes, inspections, and violation history rather than thestandard compliance review. This will enable the Agency to assess the safety performance of a greater segment of the motor carrier industry with the goal of further reducing large truck and bus crashes and fatalities.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Undetermined
CFR Citation: 49 CFR 385 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 4009 of TEA-21 Legal Deadline: None

Regulatory Plan:
Statement of Need: Because of the time and expense associated with the on-site compliance review, only a small fraction of carriers (approximately 12,000) receive a safety fitness determination each year. Since the current safety fitness determination process is based exclusively on the results of an on site compliance review, the great majority of carriers subject to FMCSA jurisdiction do not receive a timely determination of their safety fitness. The proposed methodology for determining motor carrier safety fitness should correct the deficiencies of the current process. In correcting these deficiencies, FMCSA has made a concerted effort to develop a "transparent" method for the SFD that would allow each motor carrier to understand fully how FMCSA established that carrier's specific SFD.

Legal Basis: This rule is based primarily on the authority of 49 U.S.C. 31144, which directs the Secretary of Transportation to "determine whether an owner or operator is fit to operate a commercial motor vehicle" and to "maintain by regulation a procedure for determining the safety fitness of an owner or operator." This statute was first enacted as part of the Motor Carrier Safety Act of 1984, section 215, Public Law 98-554, 98 Stat. 2844 (Oct. 30, 1984). The proposed rule also relies on the provisions of 49 U.S.C. 31133, which gives the Secretary "broad administrative powers to assist in the implementation" of the provisions of the Motor Carrier Safety Act now found in chapter 311 of title 49, U.S.C. These powers include, among others, authority to conduct inspections and investigations, compile statistics, require production of records and property, prescribe recordkeeping and reporting requirements and to perform other acts considered appropriate. These powers are used to obtain the data used by the Safety Management System and by the proposed new methodology for safety fitness determinations. Under 49 CFR 1.73(g), the Secretary has delegated the authority to carry out the functions in subchapters I, III, and IV of chapter 311, title 49, U.S.C., to the FMCSA Administrator. Sections 31133 and 31144 are part of subchapter III of chapter 311.

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

Costs and Benefits: The Agency continues to estimate the crash-reduction benefit at this time.

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 05/00/2011

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: Jim Keenan Office of Compliance and Enforcement Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 366-2096 E-Mail: fmcsaregs@dot.gov

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

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Title: Electronic On-Board Recorders and Hours of Service Supporting Documents
Abstract: This rulemaking will consider revisions to RIN 2126-AA89 (Electronic On-Board Recorders for Hours of ServiceDrivers) to expand the number of motor carriers required to install and operate Electronic On-Board Recorders (EOBRs). FMCSA is consolidating this follow-up to the EOBR rule with the Hours Of Service Of Drivers: Supporting Documents rulemaking for development of a single NPRM in RIN 2126-AB20. In addressing Hours of Service Supporting Documents requirements in this new rulemaking, FMCSA will consider reducing or eliminating current paperwork burdens associated with supporting documents in favor of expanded EOBR use. On January 15, 2010, the American Trucking Associations (ATA) filed a Petition for a Writ of Mandamus in the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 10- 1009). ATA petitioned the court to direct FMCSA to issue an NPRM on "supporting documents" in conformance with the requirements set forth in section 113 of mandamus on September 30, 2010, ordering FMCSA to issue an NPRM on the supporting document regulations by December 30, 2010.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 350; 49 CFR 385; 49 CFR 396; 49 CFR 395 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 31502; 31136(a); PL 103.311; 49 USC 31137(a) Legal Deadline: None

Regulatory Plan:
Statement of Need: This rulemaking proposes to improve safety on the Nation's highways by increasing compliance with the Hours of Service regulations. This rulemaking proposes to require the use of Electronic On-Board Recorders by an expanded population, and to clarify and specify requirements related to supporting documents.

Legal Basis: Section 31502 of title 49 of the United States Code provides that "[t]he Secretary of Transportation may prescribe requirements for: (1) Qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation." This rulemaking addresses "safety of operation and equipment" of motor carriers and "standards of equipment" of motor private carriers and, as such, is well within the authority of 49 U.S.C. 31502. The rulemaking would allow motor carriers to use EOBRs to document drivers? compliance with the HOS requirements; require some noncompliant carriers to install, use, and maintain EOBRs for this purpose; and update existing performance standards for on-board recording devices. Section 31136 of title 49 of the United States Code provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary to "prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that: (1) Commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators."

Alternatives: To be determined.

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

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

Action Date FR Cite
NPRM 12/00/2010

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: Undetermined Government Levels Affected: No

Small Entities Affected: Business; Governmental Jurisdictions; Organizations 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 SpecialistDepartment of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 366-5370 E-Mail: deborah.freund@dot.gov

Department of Transportation (DOT) Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126-AB26

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Title: Hours of Service
Abstract: On October 26, 2009, Public Citizen, et al. (Petitioners), and FMCSA entered into a settlement agreement under which Petitioners ́ petition for judicial review of the November 19, 2008, Final Rule on drivers ́ hours of service will be held in abeyance pending the publication of an NPRM reevaluating the Hours of Service rule.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No
CFR Citation: 49 CFR 395 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 31502(b) Legal Deadline:

Action Source Description Date

NPRM Judicial 07/26/2010
Other Judicial NPRM to OMB 07/26/2011

Regulatory Plan:
Statement of Need: The goals of this hours of service (HOS) proposed rule are to improve safety while ensuring that the requirements would not have an adverse impact on driver health. The proposed rule would also provide drivers with the flexibility to obtain rest when they need it and to adjust their schedules to account for unanticipated delays. FMCSA has also attempted to make the proposed rule easy to understand (though not at the expense of safety) and readily enforceable. The impact of HOS rules on commercial motor vehicle (CMV) safety is difficult to separate from the many other factors that affect heavy-vehicle crashes. The 2008 FMCSA final rule on HOS noted that "FMCSA has consistently been cautious about inferring causal relationships between the HOS requirements and trends in overall motor carrier safety. The Agency believes that the data show no decline in highway safety since the implementation of the 2003 rule and its re-adoption in the 2005 rule and the 2007 [interim final rule]" (73 FR 69567, 69572, November 19, 2008). While that statement remains correct, the total number of crashes, though declining, is still unacceptably high. FMCSA believes that the modified HOS rules proposed, coupled with the Agency's many other safety initiatives and assisted by the actions of an increasingly safety-conscious motor carrier industry, would result in continued reductions in fatigue-related CMV crashes and fatalities. Furthermore, this proposed rule is intended to protect drivers from the serious health problems associated with excessively long work hours, without significantly compromising their ability to do their jobs and earn a living.

Legal Basis: The HOS regulations proposed today concern the "maximum hours of service of employees of . . . a motor carrier" (49 U.S.C. 31502(b)(1)) and the "maximum hours of service of employees of . . . a motor private carrier" (49 U.S.C. 31502(b)(2)). The adoption and enforcement of such rules were specifically authorized by the Motor Carrier Act of 1935. The 1984 Act provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary of Transportation to "prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles." Although this authority is very broad, the 1984 Act also includes specific requirements: "At a minimum, the regulations shall ensure that (1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators" (49 U.S.C. 31136(a)).

Alternatives: FMCSA considered and assessed the consequences of four potential regulatory options. Option 1 is the noaction alternative, which would leave the existing rule in place. Options 2, 3, and 4 each would adopt several revisions to the rule.

Costs and Benefits: The Agency's analysis shows an annualized cost for the various alternatives of about $1 billion, with against annual safety and health benefits estimated to range from below $300 million to more than $2 billion under different assumptions.Risks: The level of fatigue involvement in truck crashes is uncertain.
Timetable:

Action Date FR Cite
NPRM 12/00/2010

Additional Information: Docket FMCSA-2004-19608

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Federalism: No Energy Affected: No
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Thomas Yager Driver and Carrier Operations Division Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 366-4325 E-Mail: tom.yager@dot.gov

Department of Transportation (DOT) Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126-AB29

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Title: Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones
Abstract: This rulemaking would restrict the use of mobile telephones while operating a commercial motor vehicle. This rulemaking is in response to Federal Motor Carrier Safety Administration-sponsored studies that analyzed safety incidents and distracted drivers. This rulemaking addresses an item on the National Transportation Safety Board ́s "Most Wanted List" of safety recommendations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 49 CFR 383; 49 CFR 384; 49 CFR 390; 49 CFR 391; 49 CFR 392 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 98-554 Legal Deadline: None

Regulatory Plan:
Statement of Need: This rulemaking stems from the Distracted Driver Summit on September 30 and October 1, 2009. This proposed rule would restrict the use of mobile telephones by all commercial motor vehicle drivers (CMV). This NPRM addresses the NTSB "most wanted" item associated with a 2004 crash in Alexandria, Virginia. Furthermore, it would addresses recent crashes in Kentucky and North Carolina that according to media reports may have involved cell phone use. This rulemaking would improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.

Legal Basis: Motor Carrier Safety Act of 1984 (1984 Act), 49 U.S.C. chapter 311, and the Commercial Motor Vehicle Safety Act of 1986 (1986 Act), 49 U.S.C. chapter 313.

Alternatives: FMCSA considered several options for restricting mobile telephone use and provided analysis of their safety and economic or environmental impacts.

Costs and Benefits: The Agency is currently finalizing several options to provide an accurate statement of costs and benefits.

Risks: FMCSA is continuing its analysis of the risk that might be associated with mobile telephone use.
Timetable:

Action Date FR Cite
NPRM 12/00/2010Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: Yes Energy Affected: No
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov
Related RINs: Related to 2126-AB22 Agency Contact: Mike Huntley Chief, Vehicle and Roadside Operations Division Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 366-9209 E-Mail: michael.huntley@dot.gov

Department of Transportation (DOT) Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126-AA97

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Title: National Registry of Certified Medical Examiners
Abstract: This rulemaking would establish training, testing and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle drivers meet established physical qualifications standards; provide a database (or National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; and require medical examiners to transmit electronically to FMCSA the name of the driver and a numerical identifier for each driver that is examined. The rulemaking would also establish the process by which medical examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in response to section 4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 390; 49 CFR 391 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 109-59 (2005), sec 4116 Legal Deadline:

Action Source Description Date

Other Statutory 08/10/2006

Regulatory Plan:
Statement of Need: In enacting the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59, August 10, 2005], Congress recognized the need to improve the quality of the medical certification of drivers. SAFETEA-LU addresses the requirement for medical examiners to receive training in physical examination standards and be listed on a national registry of medical examiners as one step toward improving the quality of the commercial motor vehicle (CMV) driver physical examination process and the medical fitness of CMV drivers to operate CMVs. The safety impact will result from ensuring that medical examiners have completed training and testing to demonstrate that they fully understand FMCSA's physical qualifications standards and are capable of applying those standards consistently, thereby decreasing the likelihood that a medically unqualified driver may obtain a medical certificate.

Legal Basis: The fundamental legal basis for the NRCME program comes from 49 U.S.C. 31149(d), which requires FMCSA to establish and maintain a current national registry of medical examiners that are qualified to perform examinations of CMV drivers and to issue medical certificates. FMCSA is required to remove from the registry any medical examiner who fails to meet or maintain qualifications established by FMCSA. In addition, in developing its regulations, FMCSA must consider both the effect of driver health on the safety of CMV operations and the effect of such operations on driver health, 49 U.S.C. 31136(a).

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

Costs and Benefits: FMCSA continues to finalize the costs and benefits associated with this rulemaking based on comments received to the NPRM.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.
Timetable:Action Date FR Cite
NPRM 12/01/2008 73 FR 73129
NPRM Comment Period End 01/30/2009
Final Rule 07/00/2011

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: Dr. Mary D. Gunnels Director, Office of Medical Programs Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 366-4001 E-Mail: maggi.gunnels@dot.gov

Department of Transportation (DOT) National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK79

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Title: Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017 and Beyond
Abstract: This rulemaking would establish Corporate Average Fuel Economy (CAFE) standards for light trucks and passenger cars for model years 2017 and beyond. This rulemaking would respond to requirements of the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act of 2007. The statute requires that CAFE standards be prescribed separately for passenger automobiles and non-passenger automobiles to achieve a combined fleet fuel economy of at least 35 mpg by model year 2020. For model years 2021 and beyond, the statute requires that the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles be the maximum feasible for each model year. The law requires the standards be set at least 18 months prior to the start of the model year. On May 21, 2010, President Obama issued a memorandum directing NHTSA and EPA to conduct a joint rulemaking (NHTSA regulating fuel economy and EPA regulating greenhouse gas emissions) and to issue a Notice of Intent to Issue a Proposed Rule (NOI) by September 30, 2010.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule Major: Yes Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 533 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 32902; delegation of authority at 49 CFR 1.50 Legal Deadline:

Action Source Description Date

Other Statutory 04/01/2015

Regulatory Plan:
Statement of Need: This rulemaking would respond to requirements of the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act of 2007. The statute requires that corporate average fuel economy standards be prescribed separately for passenger automobiles and non-passenger automobiles to achieve a combined fleet fuel economy of at least 35 mpg by model year 2020. For model years 2021 and beyond, the statute requires that the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles be the maximum feasible for each model year. The law requires the standards be set at least 18 months prior to the start of the model year, and for model year 2017, standards must be set by April 1, 2015. On May 21, 2010, President Obama issued a memorandum directing NHTSA and EPA conduct joint rulemaking (NHTSA regulating fuel economy and EPA regulating greenhouse gas emissions) and to issue a Notice of Intent to Issue a Proposed Rule (NOI) by September 30, 2010.

Legal Basis: Section 32910(d) of title 49 of the United States Code provides that the Administrator may prescribe regulations necessary to carry out his duties under Chapter 329, Automobile fuel economy.

Alternatives: The agency is not pursuing any alternatives.

Costs and Benefits: The costs and benefits of the potential changes addressed in this action have not yet been assessed.Risks: Depending upon how manufacturers use weight reduction to meet the fuel economy standards, there is a potential impact on motor vehicle safety. The 2010 NHTSA analysis shows that a 100 pound reduction in weight, while keeping footprint constant, decreases the fatality rate for light trucks over 3,870 lbs. but increases the fatality rate for light trucks less than 3,870 lbs. and for all passenger cars. An interagency team from DOT, EPA, and DOE are further examining this issue.
Timetable:

Action Date FR Cite Notice of Intent (NOI) 10/13/2010 75 FR 62739
NOI Comment Period End 10/31/2010 Supplemental NOI 12/00/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: Yes Energy Affected: Yes International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: James Tamm Fuel Economy Division Chief Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Avenue SE Washington , DC 20590 Phone: 202 493-0515 E-Mail: james.tamm@dot.gov

Department of Transportation (DOT) National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK43

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Title: Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors
Abstract: This rulemaking would amend Federal Motor Vehicle Standard No. 111; Rearview Mirrors, to reflect requirements contained in the Cameron Gulbransen Kids Transportation Safety Act of 2007. The Act requires that NHTSA 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. According to the Act, such a standard may be met by the provision of additional mirrors, sensors, cameras, or other technology to expand the driver ́s field of view.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 571.111 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC 30166; 49 USC 322; delegation of authority at 49 CFR 1.50 Legal Deadline:

Action Source Description Date

Other Statutory Initiate rulemaking 02/28/2009
Other Statutory 02/28/2011

Regulatory Plan:
Statement of Need: Vehicles that are backing up have a potential to create a danger to pedestrians and pedicyclists. NHTSA estimates that backover crashes involving light vehicles account for an estimated 228 fatalities and 17,000 injuries annually. In analyzing the data further, we found that many of these incidents occur off public roadways, in areas such as driveways and parking lots and that they involve parents (or caregivers) accidentally backing over children. We have also found that children represent approximately 44 percent of the fatalities, which we believe to be unique to this safety problem.

Legal Basis: Section 3011, title 49, of the U.S.C., states that the Secretary shall prescribe motor vehicle safety standards.

Alternatives: NHTSA is evaluating additional mirrors, sensors, cameras, and other technology to address this safety problem.Costs and Benefits: Costs: $723M to $2.4B Benefit: Reduction of 95 to 112 fatalities and 7.072 to 8.374 injuries.

Risks: The Agency believes there are no substantial risks to this rulemaking.
Timetable:

Action Date FR Cite
ANPRM 03/04/2009 74 FR 9477
ANPRM Comment Period End 05/04/2009
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: David Hines General Engineer Office of Crash Avoidance Standards Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 366-2720 E-Mail: dhines@nhtsa.dot.gov

Department of Transportation (DOT) National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK74

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Title: Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work Truck Fuel Efficiency Standards
Abstract: This rulemaking would respond to requirements of the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act of 2007. The statute requires that rulemaking begin with a report by the National Academy of Sciences evaluating medium-duty and heavy-duty truck fuel economy standards. The National Academy provided Congress and the NHTSA with this report on March 18, 2010. EISA then requires that NHTSA complete a study that examines the fuel efficiency of commercial medium- and heavy-duty on-highway vehicles and work trucks and determines the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles, the appropriate metric for measuring the fuel efficiency of such vehicles, the range of factors that affect the fuel efficiency of these vehicles, and other factors that could impact a program to improve the fuel efficiency of these vehicles. The NHTSA study was issued October 25, 2010. Once that study is completed, NHTSA has 24 months to complete a final rule establishing a fuel efficiency program for these vehicles. The law provides that the new standards must provide at least 4 full model years of regulatory leadtime and 3 full model years of regulatory stability (i.e., the standards must remain in effect for 3 years before they may be amended). On May 21, 2010, President Obama issued a memorandum directing NHTSA and EPA conduct a joint rulemaking (NHTSA regulating fuel efficiency and EPA regulating greenhouse gas emissions), and to issue a final rule by July 30, 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 523, 534, 535 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 32902; delegation of authority at 49 CFR 1.50 Legal Deadline:

Action Source Description Date

Other Statutory NHTSA Study 09/30/2010
Other Statutory 09/28/2012

Regulatory Plan:
Statement of Need: Setting fuel consumption standards for commercial medium-duty and heavy-duty on-highway vehicles and work trucks will reduce fuel consumption, and will thereby improve U.S. energy security by reducing dependence on foreign oil, which has been a national objective since the first oil price shocks in the 1970s. Net petroleum imports now account for approximately 60 percent of U.S. petroleum consumption. World crude oil production is highly concentrated, exacerbating the risks of supply disruptions and price shocks. Tight global oil markets led to prices over $100 per barrel in 2008, with gasolinereaching as high as $4 per gallon in many parts of the U.S., causing financial hardship for many families and businesses. The export of U.S. assets for oil imports continues to be an important component of the historically unprecedented U.S. trade deficits. Transportation accounts for about 72 percent of U.S. petroleum consumption. Medium-duty and heavy-duty vehicles account for about 17 percent of transportation oil use, which means that they alone account for about 12 percent of all U.S. oil consumption.

Legal Basis: Section 102 of EISA, codified at 49 U.S.C. 32902(k), requires NHTSA to develop a regulatory system for the fuel economy of commercial medium-duty and heavy-duty on-highway vehicles and work trucks in three steps: A study by the National Academy of Sciences (NAS), a study by NHTSA, and a rulemaking to develop the regulations themselves. Specifically, 49 U.S.C. 32902(k)(2) states that not later than 2 years after completion of the NHTSA study, DOT (by delegation, NHTSA), in consultation with the Department of Energy and EPA, shall develop a regulation to implement a "commercial medium-duty and heavy-duty on-highway vehicle and work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement."

Alternatives: NHTSA is evaluating nine alternatives; (1) heavy-duty engines, only (2) Class 8 combination tractors and engines in Class 8 tractors, (3) heavy-duty engines and Class 7 and 8 tractors, (4) heavy-duty engines, Class 7 and 8 tractors, and Class 2b/3 pickup trucks and vans, (5) NPRM Preferred Alternative: heavy-duty engines, tractors, and Class 2b through 8 vehicles, (6) heavy-duty engines, tractors, Class 2b through 8 vehicles and trailers, (7) heavy-duty engines, tractors, Class2b-8 vehicles, and trailers plus advanced hybrid power-train technology for Class 2b through 8 vocational vehicles, pickups and vans, (8)15 percent less stringent that the NPRM Preferred Alternative, covering heavy-duty engines, tractors, and Class 2b through 8 vehicles, (9) 20 percent more stringent that the NPRM Preferred Alternative, covering heavy-duty engines, tractors, and Class 2b through 8 vehicles.

Costs and Benefits: Estimated lifetime discounted costs, benefits and net benenfits for all heavy-duty vehicles projected to be sold in model years 2014-2018: Costs $7.7B, Benefits $49.0B, Net Benefits $41B (with 3% discount rate).

Risks: The Agency believes there are no substantial risks to this rulemaking.
Timetable:

Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: Yes International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov
Related RINs: Related to 2060-AP61 Agency Contact: James Tamm Fuel Economy Division Chief Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Avenue SE Washington , DC 20590 Phone: 202 493-0515 E-Mail: james.tamm@dot.gov

Department of Transportation (DOT) National Highway Traffic Safety Administration ( NHTSA ) RIN: 2127-AK23

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Title: Ejection Mitigation
Abstract: This rulemaking would create a new Federal Motor Vehicle Safety Standard (FMVSS) for reducing occupant ejection. Currently, there are over 52,000 annual ejections in motor vehicle crashes, and over 10,000 ejected fatalities per year. This rulemaking would propose new requirements for reducing occupant ejection through passenger vehicle side widows. The requirement would be an occupant containment requirement on the amount of allowable excursion through passenger vehicle side windows. The SAFETEA-LU legislation requires that: "[t]he Secretary shall also initiate a rulemaking proceeding to establish performance standards to reduce complete and partial ejections of vehicle occupants from outboard seating positions. In formulating the standards the Secretary shall consider various ejection mitigation systems. The Secretary shall issue a final rule under this paragraph no later than October 1, 2009." The SAFETEA-LU legislation also requires that, if the Secretarydetermines that the subject final rule deadline cannot be met, the Secretary shall notify and provide an explanation to the Senate Committee on Commerce, Science and Transportation and the House of Representatives Committee on Energy and Commerce of the delay. On September 24, 2009, the Secretary provided appropriate notification to Congress that the final rule will be delayed until January 31, 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 571.226 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC 30166; 49 USC 322; delegation of authority at 49 CFR 1.50 Legal Deadline:

Action Source Description Date

Other Statutory 10/01/2009

Regulatory Plan:
Statement of Need: The agency's annualized injury data from 1997 to 2008 show that there are 6,412 fatalities and 5,709 Maximum Abbreviated Injury Scale (MAIS) 3+ non-fatal serious injuries for occupants partially and completely ejected through side windows in vehicles with a gross vehicle weight rating (GVWR) less than 4,536 kg (10,000 lbs.). Sixty-six percent of the fatalities and 77 percent of the serious injuries are from ejections that involve a rollover as part of the crash event.

Legal Basis: Section 30111, title 49 of the U.S.C., states that the Secretary shall prescribe motor vehicle safety standards. Section 10301 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Secretary to issue by October 1, 2009, an ejection mitigation final rule reducing complete and partial ejections of occupants from outboard seating positions. The SAFETEA-LU legislation also requires that if the Secretary determines that the subject final rule deadline cannot be met, the Secretary shall notify and provide explanation to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce of the delay. On September 24, 2009, the Secretary provided appropriate notification to Congress that the final rule will be delayed until January 31, 2011.

Alternatives: The Agency is not pursuing any alternatives to reduce side window ejections of light vehicle occupants other than establishing FMVSS No. 226.

Costs and Benefits: The agency is reducing the population of partial and complete side window ejections through a series of rulemaking actions. These actions included adding a pole impact upgrade to FMVSS No. 214--Side Impact Protection (72 FR 51908) and promulgating FMVSS No. 126--Electronic Stability Control Systems (72 FR 17236). In the NPRM for this rulemaking, published December 2, 2009 (74 FR 63180), we estimated that promulgating FMVSS No. 226 will reduce the remaining population of ejection fatalities and serious injuries by the ranges of 390 to 402 and 296 to 310, respectively. The cost per equivalent fatality at a seven percent discount rate was estimated to be $2.0 million.

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 side window ejections of light vehicle occupants.
Timetable:

Action Date FR Cite
NPRM 12/02/2009 74 FR 63180
NPRM Comment Period End 02/01/2010
Final Action 01/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels 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: Louis Molino Safety Standards Engineer Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Avenue SE Washington , DC 20590 Phone: 202 366-1833 FAX: 202 366-4329 E-Mail: louis.molino@dot.govDepartment of Transportation (DOT) Federal Railroad Administration ( FRA ) RIN: 2130-AC15

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Title: Hours of Service: Passenger Train Employees
Abstract: This rulemaking would establish hours of service requirements for train employees engaged in commuter and intercity passenger rail transport.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No
CFR Citation: 49 CFR 242 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 110-432, Div A, 122 Stat 4848 et seq; Rail Safety Improvement Act of 2008; sec 108(e) (49 USC 21109) Legal Deadline:

Action Source Description Date

NPRM Statutory 10/16/2011

Regulatory Plan:
Statement of Need: Required by the Rail Safety Improvement Act of 2008, Public Law 110-432.

Legal Basis: Required by the Rail Safety Improvement Act of 2008, Public Law 110-432.

Alternatives: The Rail Safety Improvement Act of 2008 (RSIA of 2008) provides, in section 108 (d), that if FRA does not have a final regulation in effect by October 16, 2011, the hours of service requirements for train employees found in 49 U.S.C. section 21103, as revised by section 108 (b) of the RSIA of 2008, will go into effect for train employees of commuter and intercity passenger railroads.

Costs and Benefits: To be determined.

Risks: The regulation is expected to reduce the risk of accidents and injuries caused or contributed to by fatigue, because it will require commuter and intercity passenger railroads to analyze the risk for fatigue in the schedules worked by their train employees, and will require that they mitigate the fatigue risks in those schedules demonstrating a risk for a level of fatigue at which safety may be compromised.
Timetable:

Action Date FR Cite
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions Government Levels Affected: No

Federalism: No Energy Affected: No
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Kathryn Shelton Trial Attorney Department of Transportation Federal Railroad Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 493-6063 E-Mail: kathryn.shelton@fra.dot.gov

Department of Transportation (DOT) Federal Transit Administration ( FTA ) RIN: 2132-AB02

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Title: Major Capital Investment ProjectsAbstract: This rulemaking, mandated specifically by 49 U.S.C. 5309(e)(9), is intended to make changes to the regulations that govern the New Starts discretionary funding program authorized by 49 U.S.C. 5309. FTA ́s initial rulemaking on this subject (RIN 2132-AA81), initiated to meet the statutory deadline, was terminated as the result of subsequent congressional action prohibiting FTA from issuing a rule.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 49 CFR 611 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 5309 Legal Deadline:

Action Source Description Date

Other Statutory 04/07/2006

Regulatory Plan:
Statement of Need: Section 3011 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-LU) made a number of changes to 49 U.S.C. 5309, which authorizes the Federal Transit Administration's (FTA) fixed guideway capital investment grant program known as "New Starts." SAFETEA-LU also added created a new category of major capital investments that have a total project cost of less than $250 million and that are seeking less than $75 million in section 5309 major capital investment funds. This rulemaking proposes to implement those changes and a number of other changes that FTA believes will improve the process for evaluating major capital investment projects.

Legal Basis: Section 5309, title 49, of the United States Code requires the Secretary to promulgate regulations for the evaluation and selection of major capital investment projects that have a total project cost of less than $250 million, and that are seeking less than $75 million in section 5309 major capital investment funds.

Alternatives: This rulemaking is mandated by section 3011 of SAFETEA-LU, so there is not an alternative to pursuing rulemaking. Within the rulemaking process, FTA has already issued and has received comments on an Advance Notice of Proposed Rulemaking that will inform the various options FTA might pursue in the Notice of Proposed Rulemaking.

Costs and Benefits: The single largest change in the New Starts program is the creation in SAFETEA-LU of the "Small Starts" program. Over the first 10 years of the Small Starts program, the cumulative impact of transfer from New Starts to Small Starts will likely be $1.9 Billion, with a Net Present Value of $1.311 Billion using a discount rate of 7 percent. This effect is difficult to characterize in terms of cost or benefit, as it simply represents a "transfer of a transfer" from one governmental entity to another.

Risks: The proposed rulemaking provides a framework for a discretionary grant program; it does not propose to regulate other than for applicants for Federal funds. As such, the rulemaking poses no risks for the regulated community, other than for the risks inherent in pursuing Federal funds that might not be awarded if a project fails to satisfy the eligibility and evaluation criteria in the proposed regulatory structure.
Timetable:

Action Date FR Cite
ANPRM 06/03/2010 75 FR 31383
ANPRM Comment Period End 08/02/2010
NPRM 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Christopher VanWyk Attorney Advisor Department of Transportation Federal Transit Administration 1200 New Jersey Avenue SE. Washington , DC 20590 Phone: 202 366-1733 E-Mail: christopher.vanwyk@fta.dot.gov

Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration ( PHMSA ) RIN: 2137-AE65View Related Documents

Title: Hazardous Materials: Limiting the Use of Mobile Telephones by Highway
Abstract: This rulemaking would limit the use of mobile telephones by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers would be prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of mobile telephones while driving. This rulemaking would improve health and safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 49 CFR 177 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Regulatory Plan:
Statement of Need: This rulemaking expands on mobile phone limitations under development by FMCSA that would limit the use of mobile phones by drivers transporting a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73 in intrastate commerce. FMCSA's authority over motor carriers of these materials is limited to transportation in interstate commerce. The safety benefits associated with limiting the distractions caused by mobile phones are equally applicable to drivers transporting covered hazardous materials via intrastate as they are to interstate commerce. The use of a mobile phone while driving constitutes a safety risk to the motor vehicle driver, other motorists, and bystanders.

Legal Basis: Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.)

Alternatives: PHMSA will consider two alternatives: 1. Amend the HMR to expand the scope of the FMCSA NPRM to include those intrastate motor carriers and drivers that transport a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73; or 2. Take no action.

Costs and Benefits: Not yet calculated. However, the population of motor carriers affected will be less than 1,500. PHMSA expects costs to be minimal when compared to the risks of distracted driving.

Risks: Risk to the public and regulated community from distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles transporting covered hazardous materials in intrastate commerce.
Timetable:

Action Date FR Cite
NPRM 09/17/2010 75 FR 56972
NPRM Comment Period Extended 11/16/2010 75 FR 66912
NPRM Comment Period End 11/16/2010
NPRM Comment Period Extended End 12/03/2010

Additional Information: HM-256A

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: Ben Supko Transportation Regulations Specialist Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE 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-AE63

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Title: Hazardous Materials: Limiting the Use of Electronic Devices by Highway
Abstract: This rulemaking would restrict the use of electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA) motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in texting while driving. This rulemaking would improve health and safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No
CFR Citation: 49 CFR 177 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Regulatory Plan:
Statement of Need: This rulemaking expands on the limitations on wireless communications proposed by FMCSA's April 1, 2010, NPRM to the transportation of a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73 in intrastate commerce. FMCSA's authority over motor carriers of these materials is limited to transportation in interstate commerce. The safety benefits associated with limiting the distractions caused by electronic devices are equally applicable to drivers transporting covered hazardous materials via intrastate as they are to interstate commerce. The use of an electronic device while driving constitutes a safety risk to the motor vehicle driver, other motorists, and bystanders.

Legal Basis: Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.)

Alternatives: PHMSA considered two alternatives: 1. Amend the HMR to expand the scope of the FMCSA NPRM to include those intrastate motor carriers and drivers that transport a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73; or 2. Take no action.

Costs and Benefits: PHMSA estimates that this proposed rule will cost $5,227 annually. Additionally, PHMSA has not identified a significant increase in crash risk associated with drivers? strategies for complying with this proposed rule. As indicated in the regulatory evaluation, a crash resulting in property damage only (PDO) averages approximately $17,000 in damages. Consequently, the texting restriction would have to eliminate just one PDO crash every 3.25 years for the benefits of this proposed rule to exceed the costs.

Risks: Risk to the public and regulated community from distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles transporting covered hazardous materials in intrastate commerce.
Timetable:

Action Date FR Cite
NPRM 09/27/2010 75 FR 59197
NPRM Comment Period End 10/27/2010
Final Rule 03/00/2011

Additional Information: HM-256

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: Ben Supko Transportation Regulations Specialist Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington , DC 20590 Phone: 202 366-8553 E-Mail: ben.supko@dot.gov