DEPARTMENT OF TRANSPORTATION (DOT) 

Introduction: Department Overview and Summary of Regulatory Priorities 

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

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

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

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

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

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

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

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

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

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

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

The Department’s Regulatory Priorities 

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

Our mission generally is as follows: 

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

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

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

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

conservation of the resources of the United States. 

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

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

injuries. 

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

infrastructure in a state of good repair. 

• Economic Competitiveness: Promote transportation policies and investments that bring 

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

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

investments that increase transportation choices and access to transportation services. 

• Environmental Sustainability: Advance environmentally sustainable policies and investments 

that reduce carbon and other harmful emissions from transportation sources. 

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

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

• The relative risk being addressed 

• Requirements imposed by statute or other law 

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

• The costs and benefits of the regulations 

• The advantages to non-regulatory alternatives 

• Opportunities for deregulatory action 

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

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 This regulatory plan identifies the Department’s regulatory priorities—the 17 pending 

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

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

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

strategic goals. 

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

across several modes of transportation. For example: 

• The Federal Aviation Administration (FAA) will continue to enhance 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 the requirements 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 commercial drivers and conductors can operate their 

vehicles. 

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

reduce death and injury resulting from incidents involving vehicle drivers backing over people. 

• FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) are 

focusing on important rulemaking initiatives for address distracted 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 heavy duty vehicles. 

• Office of the Secretary of Transportation (OST) is focused 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 below in detail. In order to place 

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

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

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

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

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

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

consumer protection in the aviation industry. 

The Department’s Regulatory Philosophy and Initiatives 

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

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

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

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

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

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

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

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

regulation does not impose unreasonable mandates. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

use of direct final rulemaking; the use of regulatory 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 blogs and other Web 2.0 technology to increase and 

enhance public participation in its rulemaking process. 

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

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

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

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

 The Department is also actively engaged in the review of existing rules to determine whether 

they need to be revised or revoked. These reviews 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 efforts to use advances in technology to improve its 

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

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

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

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

accessible. By doing this, the Department is providing valuable information concerning our 

rulemaking activity and is providing information necessary for the public to evaluate the 

Department's progress in meeting its commitment to completing quality rulemakings in a timely 

manner. 

 The Department will continue to place great emphasis on the need to complete high quality 

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

expeditiously. 

Office of the Secretary of Transportation (OST) 

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

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

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

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

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

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

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

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

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

 OST provides guidance and training regarding compliance with regulatory requirements and 

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

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

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

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

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

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

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

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

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

 During fiscal year 2011, OST will continue to focus its efforts on enhancing 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 

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

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

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

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

Federal Aviation Administration (FAA) 

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

maintaining the most complex aviation system in the world. It is guided by 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 information sharing efforts, such as FAA-industry 

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

lead to accidents. Specifically, FAA will continue implementing Commercial Aviation Safety 

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

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

these projects may result in rulemaking and guidance materials. 

• 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 specified below, additional priorities will come from the 

Airline Safety and Federal Aviation Administration 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 Crewmembers and Aircraft Dispatchers (2120-AJ00) 

• Helicopter Air Ambulance and Commercial Helicopter Safety Initiatives and Miscellaneous 

Amendments (2120-AJ53) 

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

 The Crewmember and Aircraft Dispatcher Training rulemaking would include proposals to: 

• Reduce human error and improve performance among flight crewmembers, flight attendants, 

and aircraft dispatchers; 

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

flight crewmembers; and 

• Include additional training in areas critical to safety. 

 The Air Ambulance and Commercial Helicopter rulemaking would include proposals to: 

• Codify current agency guidance and address National Transportation Safety Board 

recommendations; 

• Provide certificate holders and pilots with tools and procedures 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 

requirements, pilot training, and alternate airport weather minimums. 

 The Flight and Duty Time Limitations and Rest Requirements rulemaking would include 

proposals to: 

• Address fatigue mitigation and use existing fatigue science to establish minimum rest 

periods, flight time limitations, and duty period limits for flight crewmembers; 

• Incorporate the use of Fatigue Risk Management Systems as an option to provide operator 

flexibility for specific operations; and 

• Reduce human error attributed to fatigue among flight crewmembers. 

Federal Highway Administration (FHWA) 

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

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

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

system and its intermodal connectors. 

 Consistent with this mission, the FHWA will continue: 

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

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

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

accelerated, duplicative requirements can be consolidated, recordkeeping requirements can 

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

be increased. 

 FHWA’s top regulatory priority for the fiscal year is to address the 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). Additionally, the FHWA is in the process of reviewing all FHWA 

regulations to ensure that they are consistent 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, 

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

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

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

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

to Agency-directed regulations, FMCSA develops regulations mandated by Congress, such as 

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

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

State agencies receiving certain motor carrier safety grants and issuing commercial drivers’ 

licenses. 

 FMCSA’s regulatory plan for FY 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) Drivers 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) Electronic 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 substantially improve commercial motor vehicle 

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

of motor carriers and drivers. For example, the Drivers of Commercial 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 

Hours of Service (RIN 2126-AB26) as the result 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 Comprehensive 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 performance data from a larger segment of the motor 

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

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

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

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

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

 In FY 2011, FMCSA plans to issue a proposed rule on Electronic On-Board Recorders and 

Hours of Service Supporting Documents (RIN 2126-AB20) to expand the number of carriers 

required to install and operate EOBRs and clarify 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 National Registry of Certified 

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

professionals who issue medical certificates to CMV drivers. 

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

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

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

completing rulemakings. 

National Highway Traffic Safety Administration 

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

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

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

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

efficiency. NHTSA pursues policies that encourage the development of non-regulatory 

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

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

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

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

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

 NHTSA continues to 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 outboard 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 behind 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 domestic dependency on foreign oil in accordance 

with the Energy Independence and Security Act (EISA) 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 trucks. 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 engaged in a variety of programs to improve driver and occupant behavior. These 

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

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

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

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

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

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

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

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

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

information to the public. 

Federal Railroad Administration (FRA) 

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

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

Rail Strategic Plan. RSIA08 alone has resulted in at least 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 rulemakings as possible prior to their statutory 

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

Congress for consideration. 

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

RSIA08 actions that include developing requirements for train conductor certification, roadway 

worker protection, hours of service for employees of intercity and commuter passenger rail 

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service, and training for railroad employees. Specifically, with regard to passenger hours of 

service, FRA is developing a notice of proposed rulemaking that would include proposals to 

establish hours of service limitations for train 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 revisions to the Track Safety Standards dealing with 

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

railroad risk reduction and system safety programs. This activity will be a multi-year effort due to 

the underlying statutory requirements 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 vehicles, construction 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 the nation’s citizens and the connectivity of 

transportation infrastructure; 

• Provide maximum local discretion; 

• Ensure the most productive use of limited Federal resources; 

• Protect taxpayer investments in public transportation; 

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

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

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

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

Capital Investments “New Starts” program and the State Safety Oversight (SSO) program. The 

New Starts program is the main source of discretionary 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 rail 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 

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

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

domestic and international trades and to expanding maritime opportunities for American 

businesses and workers. 

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

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

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

armed forces. Major program areas include: The Maritime Security Program; the Voluntary 

Intermodal Sealift Agreement program; the National Defense Reserve Fleet and the Ready 

Reserve Force; the Maritime Guaranteed Loan financing program; the United States Merchant 

Marine Academy, and mariner education and training 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. 

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Pipeline and Hazardous Materials Safety Administration (PHMSA) 

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

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

Safety, PHMSA administers regulatory programs under Federal hazardous materials 

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

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

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

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

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

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

concentrate on the prevention of high-risk incidents identified through the evaluation of 

transportation incident data and findings of the National Transportation Safety Board. PHMSA 

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

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

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

 PHMSA will continue to focus its safety efforts on the resolution of highest priority risks. 

PHMSA will consider regulatory changes to combat the dangers practice of distracted driving. In 

an effort to understand and mitigate crashes associated with driver distraction, the DOT has been 

studying the distracted driving issue with respect to both behavioral and vehicle safety 

countermeasures. As part of the DOT’s overall 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 commercial motor vehicle drivers transporting a quantity 

of hazardous material 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. 

 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 flow restricting devices (EFRDs) in certain areas; 

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

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

the HCAs that are assessed as part of the IM; and whether to establish and/or adopt standards 

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

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

Research and Innovative Technology Administration (RITA) 

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

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

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

programs and activities; 

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

planning, systems engineering and training; 

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

intelligent transportation systems; 

• Comprehensive transportation statistics research, analysis, and reporting; 

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

and 

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

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

compiles, analyzes, and makes accessible information on the Nation's air transportation system. 

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

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

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

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

mandated aviation responsibilities, including negotiating international bilateral aviation 

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

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

meeting international treaty obligations. 

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

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

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

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

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

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

of stakeholders to determine their deployment needs. 

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

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

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

internationally. These standards are incorporated into DOT operating administration regulatory 

activities when appropriate. 

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

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

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

administration regulatory activities. 

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

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

operating administration regulatory implementation and enforcement activities. 

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

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

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

implementation and enforcement training. 

QUANTIFIABLE COSTS AND BENEFITS OF RULEMAKINGS 

ON THE 2010 to 2011 DOT REGULATORY PLAN 

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

Agency/RIN 

Number 

Title Stage Quantifiable 

Costs 

Discounted 

2007 $ 

(Millions) 

Quantifiable 

Benefits 

Discounted 

2007 $ 

(Millions) 

OST 

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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 

Miscellaneous 

Amendments 

FR 10/11 TBD TBD 

2120-AJ58 Flight and Duty Time 

Limitations and Rest 

Requirements 

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 

Recorders 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 Cellular 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 

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

11
2127-AK74 Heavy Duty Truck Fuel 

Economy Emissions 

NPRM 12/10 7,753 49,340 

2127-AK79 Passenger Car and Light 

Truck Corporate 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 

Employees

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 

Electronic 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 discount 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 given rulemaking, comparisons between proceedings 

should be made cautiously. 

 The Department of Transportation generally assumes that there are economic 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 have not included the non-quantifiable benefits. 

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

12
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

 View Related Documents

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.

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

13
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

 View Related Documents

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

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

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

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

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

to contribute 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.

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

14
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

 View Related Documents

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

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

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

and patient safety. The intended effect is to implement 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 the

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

15
Administrator to promulgate regulations in the interest of safety for the maximum hours or periods of service of airmen and

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

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

Alternatives: Alternative One: The alternative would change the compliance date from 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

 View Related Documents

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 USC

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

16
44702; 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

 View Related Documents

Title: Carrier Safety Fitness Determination

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

new initiative, Comprehensive Safety Analysis (CSA) 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 the

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

17
standard compliance review. This will enable the Agency to assess the safety performance of a greater segment of the motor

carrier industry with the goal of further reducing large truck and bus crashes and fatalities.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Undetermined

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

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

 View Related Documents

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 Service

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

18
Drivers) to expand the number of motor carriers required to install and operate Electronic On-Board Recorders (EOBRs).

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

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

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

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

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

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

requirements set forth in section 113 of 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 Specialist

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

19
Department of Transportation

Federal Motor Carrier Safety Administration

1200 New Jersey Avenue SE.

Washington , DC 20590 

Phone: 202 366-5370 

E-Mail: deborah.freund@dot.gov

Department of Transportation (DOT) 

Federal Motor Carrier Safety Administration ( FMCSA ) RIN: 2126-AB26

 View Related Documents

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.

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

20
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

 View Related Documents

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 12/00/2010 

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

21
Regulatory 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

 View Related Documents

Title: National Registry of Certified Medical Examiners

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

certifying that interstate commercial motor vehicle 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:

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

22
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

 View Related Documents

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

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

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

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

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

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

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

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

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

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

2010.

Priority: Economically Significant Agenda Stage of Rulemaking: 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.

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

23
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

 View Related Documents

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.

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

24
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

 View Related Documents

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 gasoline

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

25
reaching 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

 View Related Documents

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 Secretary

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

26
determines 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.gov

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

27
Department of Transportation (DOT) 

Federal Railroad Administration ( FRA ) RIN: 2130-AC15

 View Related Documents

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

 View Related Documents

Title: Major Capital Investment Projects

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

28
Abstract: 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-AE65

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

29
 View 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) 

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

30
Pipeline and Hazardous Materials Safety Administration ( PHMSA ) RIN: 2137-AE63

 View Related Documents

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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

31