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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan
DEPARTMENT OF TRANSPORTATION
(DOT)
Introduction: Department Overview
and Summary of Regulatory Priorities
The Department of Transportation
(DOT) consists of ten 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.
This Plan identifies the Department’s
regulatory priorities—the fourteen
pending rulemakings that the
Department believes will merit special
attention in the upcoming year. The
rules included in the Regulatory Plan
embody the Department’s continuing
focus on safety, consumer protection,
environmental stewardship, and energy
independence.
In order to prioritize these fourteen
rulemakings from among the dozens in
the Department’s broad regulatory
agenda, we 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 regulations
• The advantages to non-regulatory
alternatives
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• Opportunities for deregulatory action
• The enforceability of any rule,
including the effect on agency
resources
The Regulatory Plan reflects the
Department’s primary focus on safety—
a focus that extends across all modes of
transportation.
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• The airways: The Plan includes
important initiatives by the Federal
Aviation Administration (FAA) to
enhance the safety of our airways—
including a proposed rulemaking to
revise rest requirements for
commercial pilots.
• The roads: The Plan includes
proposals by the Federal Motor
Carrier Safety Administration
(FMCSA) and the National Highway
Traffic Safety Administration
(NHTSA) to improve the safety of our
roadways. FMCSA has initiated
rulemakings to strengthen the
requirements for commercial drivers’
licenses and carrier fitness, while
NHTSA is protecting the passengers
of the vehicles on America’s roads
through proposed rules to prevent
passenger ejection and to require seat
belts in buses.
• The railways: The Federal Railroad
Administration (FRA) will implement
Congress’ directive to enhance the
safety of our nation’s rail system
through the introduction of positive
train control systems.
• Pipelines: The Pipelines and
Hazardous Materials Safety
Administration (PHMSA) will
continue to enhance the integrity of
the pipeline distribution system.
The Plan also reflects the
Department’s focus on protecting the
nation’s environment and furthering our
energy independence. NHTSA’s
proposed CAFE standards for 2012-2016
—a joint effort with the Environmental
Protection Agency—is a milestone in
that effort. This same focus is reflected
in NHTSA’s proposed rulemaking on
tire fuel efficiency.
The Plan also contains a rulemaking
designed to safeguard the interests of
consumers flying the nation’s skies by
imposing limits on tarmac delays and
chronically delayed flights.
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
the Office of the Secretary of
Transportation (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 the modal
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initiatives, and is charged with
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 legislation does not impose
unreasonable mandates.
An important initiative of the
Department has been to conduct high
quality rulemakings in a timely manner
and to reduce the number of old
rulemakings. To implement this, the
following actions have been required:
(1) Regular meetings of senior DOT
officials to ensure effective policy
leadership and timely decisions, (2)
better tracking and coordination of
rulemakings, (3) regular reporting, (4)
early briefings of interested officials, (5)
better training of staff, and (6) necessary
resource allocations. The Department
has achieved significant success as a
result of this initiative. This is allowing
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 email notification when the Department
issues a rulemaking document; creation
of an electronic rulemaking tracking and
coordination system; the use of direct
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final rulemaking; the use of regulatory
negotiation; an expanded internet page
that provides important regulatory
information, including ‘‘effects’’ report
and status reports (https://regs.dot.gov/);
and consideration of the use of internet
blogs to 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, the
Department’s regulatory policies and
procedures, and Executive Order 12866.
This includes determining whether the
rules would be more understandable if
they are 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.
that bring together senior transportation
officials, elected officials, safety
advocates, law enforcement
representatives, private sector
representatives and academics.
Departmental initiatives include some
of the following:
Education and Outreach
The Department is committed to
ensuring that the Administration’s
priorities related to transportation safety
remain a paramount focus of its
operation and has planned or initiated
a variety of safety initiatives, summits
and forums, throughout the country,
• Safety Performance Functions
Summits – these summits provide a
platform for the exchange of
information among a group of
stakeholders on the development and
application of safety models (called
‘‘safety performance functions’’) for
identifying highway locations that
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• Distracted Driving Summit – this
Summit brought together senior
transportation officials, elected
officials, safety advocates, law
enforcement representatives, private
sector representatives and academics
to address a range of issues related to
reducing accidents through
rulemaking and enforcement, public
awareness, and education.
Authoritative speakers from around
the nation led interactive panel
discussions on a number of key topics
including the extent and impact of
distracted driving, current research,
regulations, and best practices.
Participants also examined
distractions caused by current and
planned automotive devices, such as
navigational systems.
• Motorcoach Safety Action Plan – DOT
agencies with responsibility for
motorcoach safety will develop an
integrated Motorcoach Safety Action
Plan. The agencies will take a fresh
look at motorcoach safety issues,
identify actions to address
outstanding safety problems, and
develop an aggressive multi-modal
schedule to implement those actions.
The Department expects this strategy
to result in a reduction in the number
of motorcoach crashes and fatalities
and injuries resulting from those
crashes. Based on analysis of the
available safety data, the Department
assessed causes and contributing
factors for motorcoach crashes,
fatalities and injuries, and identified
opportunities to enhance motorcoach
safety. The plan would provide an
integrated strategy addressing a wide
range of issues including driver errors
resulting from fatigue, distraction,
medical condition, and experience;
crash avoidance technologies; vehicle
maintenance and safety; carrier
compliance; and measures to protect
occupants in the event of a crash,
such as seat belts, enhanced vehicle
roof strength, fire safety, and
emergency egress.
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present the greatest potential for
safety improvement and for
evaluating the effectiveness of safety
projects. The Federal Highway
Administration, thirty States, the
American Association of State
Highway Transportation Officials
(AASHTO), the Transportation
Research Board, and academia were
represented at the summit. From the
summit, a set of actions were
developed to support the wider
deployment of the safety performance
functions that serve as underlying
foundation for new analysis tools
being delivered to the highway safety
community. These summits are being
held throughout the country from
January - December 2009.
• Towards Zero Fatalities: A Vision for
Highway Safety – the objective is to
begin framing the strategic issues that
would need to be addressed to move
the nation ‘‘Toward Zero Fatalities.’’
FHWA has a contract with AASHTO
to hold a broad-based safety meeting
in the spring of 2010. The meeting is
intended to attract safety
professionals from all across the
nation and will provide us with a
valuable opportunity to connect with
stakeholders, solicit their input, and
discuss the Department’s safety
initiatives.
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 Executive Order 12866
and other legal and policy requirements
affecting rulemaking, including new
statutes and Executive Orders. 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 those
affecting the various elements of the
Department.
OST provides guidance and training
regarding compliance with regulatory
requirements and process for use by
personnel throughout the Department.
OST also plays an instrumental role in
the Department’s efforts to improve our
economic analyses; risk assessments;
regulatory flexibility analyses; other
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related analyses; and data quality,
including peer reviews.
OST also leads and coordinates the
Department’s response to
Administration and congressional
proposals that concern the regulatory
process. The General Counsel’s Office
works closely with representatives of
other agencies, the Office of
Management and Budget, 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 2010, OST will
continue to focus its efforts on
enhancing airline passenger protections
by requiring carriers to adopt various
consumer service practices (2105AB92).
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.
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Activities that may lead to rulemaking
include:
• Promotion and expansion of safety
information sharing efforts, such as
FAA-industry partnerships and datadriven 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 decision making, and
cabin safety. Some of these projects
may result in rulemaking and
guidance materials.
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• 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.
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.
• Include additional training
requirements in areas critical to
safety.
FAA top regulatory priorities for
2009-2010 include:
• Address fatigue mitigation and use
existing fatigue science to establish
minimum rest periods, flight time
limitations, and duty period limits for
flight crewmembers;
• Automatic Dependent Surveillance Broadcast (ADS-B) Out equipment
(2120-AI92)
• Qualification, Service, and Use of
Crewmembers and Aircraft
Dispatchers (2120-AJ00)
• Helicopter Air Ambulance and
Commercial Helicopter Safety
Initiatives and Miscellaneous
Amendments (2120- AJ53)
• Flight and Duty Time Limitations and
Rest Requirements (2120-AJ58)
The Air Ambulance and Commercial
Helicopter rulemaking would:
• 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:
• 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)
• Accommodate the expected increase in
demand for air transportation over the
long run, as described in the Next
Generation Air Transportation System
Integrated Plan;
• Provide the Federal Aviation
Administration with a comprehensive
surveillance system that safely and
efficiently accommodates the
anticipated increase in operations;
and
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:
The ADS-B rulemaking would:
• Provide a platform for additional flight
applications and services in the
future.
The Crewmember and Aircraft
Dispatcher Training rulemaking would:
• Reduce human error and improve
performance among flight
crewmembers, flight attendants, and
aircraft dispatchers;
• Enhance traditional training programs
by requiring the use of flight
simulation training devices for flight
crewmembers; and
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• 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.
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FHWA continues to address a number
of rules required by the Safe,
Accountable, Flexible, and Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA-LU). The remaining
congressionally directed rulemakings
resulting from this act include: Express
Lane Demonstration Project (2125AF07) and Real-Time System
Management Information Program
(2125-AF19). These rulemakings are the
FHWA’s top regulatory priorities.
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, 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. Developing new and
more effective safety regulations is key
to increasing safety on our Nation’s
highways. FMCSA regulations establish
standards for motor carriers, drivers,
vehicles, and State agencies receiving
certain motor carrier safety grants and
issuing commercial drivers’ licenses.
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FMCSA continues to develop
regulations both mandated by Congress
and initiated by the Agency to increase
safety. FMCSA continues to address a
significant number of rules required by
its most recent reauthorization
legislation, Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU). The
Agency is committed to promulgating
the SAFETEA-LU mandated rules while
continuing to make progress on a large
and challenging rulemaking agenda.
FMCSA continues its work on the
Comprehensive Safety Analysis 2010
(CSA 2010). The CSA 2010 initiative
will improve the way FMCSA conducts
compliance and enforcement operations
over the coming years. CSA 2010’s goal
is to improve large truck and bus safety
by assessing a wider range of safety
performance data of a larger segment of
the motor carrier industry through an
array of progressive compliance
interventions. FMCSA is targeting 2010
for deployment of this new operational
model. The Agency anticipates that the
impacts of CSA 2010 and its associated
rulemakings, which includes the Carrier
Safety Fitness Determination (RIN 2126AB11) rulemaking, will contribute
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further to the Agency’s overall goal of
decreasing CMV-related fatalities and
injuries.
A major undertaking by FMCSA in
FY2010 will be to begin a new
rulemaking on Hours of Service as the
result of a settlement agreement reached
on October 26, 2009. Under terms of the
settlement, FMCSA must submit a draft
notice of proposed rulemaking to the
Office of Management and Budget
within nine months.
FMCSA’s Regulatory Plan for FY2010
includes completion of a number of
final and proposed rules 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) Restrictions on the use of
wireless communication devices (RIN
2126-AB22) (2) Carrier Safety Fitness
Determination (RIN 2126-AB11), (3)
National Registry of Certified Medical
Examiners (RIN 2126-AA97), and (4)
Commercial Driver’s License Testing
and Commercial Learner’s Permit
Standard (RIN 2126-AB02).
Together these priority rules will 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 restrictions on the use
of wireless communication devices
rulemaking would ban text messaging
and restrict the use of cell phones while
operating a commercial motor vehicle.
The Commercial Driver’s License
Testing and Learner’s Permit
rulemaking would revise commercial
driver’s license testing and require new
minimum Federal standards for States
to issue commercial learner’s permits.
The National Registry of Certified
Medical Examiners rulemaking would
establish training and testing
requirements for healthcare
professionals who issue medical
certificates to truck and bus 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 (NHTSA)
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
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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 area of occupant
protection in rollover events, and will
propose new performance standards to
reduce complete and partial ejections of
vehicle occupants from outboard seating
positions in fiscal year 2010. NHTSA
will propose amending Federal Motor
Vehicle Safety Standard No. 111,
Rearview Mirrors, to reduce deaths and
injuries resulting from backing
accidents, in accordance with the
Cameron Gultransen Kids Transportaion
Safety Act of 2007. NHTSA will also
publish a notice of proposed rulemaking
to require the installation of
lap/shoulder belts in newlymanufactured motorcoaches in
accordance with NHTSA’s 2007
Motorcoach Safety Plan and DOT’s
Departmental Motorcoach Safety Action
Plan.
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 a final rule setting
corporate average fuel economy (CAFE)
standards for Model Years 2012-2016 for
both cars and light trucks. NHTSA will
also publish a final rule regarding tire
fuel efficiency consumer information.
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
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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 the adoption of
alcohol screening and brief intervention
by medical and health care
professionals. Other behavioral efforts
include: encouraging child safety-seat
use; combating excessive speed and
aggressive driving; improving
motorcycle, bicycle, and pedestrian
safety; and providing consumer
information to the public.
Federal Railroad Administration (FRA)
The Federal Railroad Administration
(FRA) exercises regulatory authority
over all areas of railroad safety and,
where feasible, incorporates flexible
performance standards. In order to
foster an environment for collaborative
rulemaking, the FRA established the
Railroad Safety Advisory Committee
(RSAC). The purpose of the RSAC is to
develop consensus recommendations
for regulatory action on issues brought
before it by the FRA. When consensus
is achieved, and the FRA believes the
recommendation serves the public’s
interest, the resulting rule, having been
developed in a more transparent
manner, is very likely to be better
understood, more widely accepted,
more cost-beneficial, and more correctly
applied. In situations, where consensus
cannot be achieved, the FRA fulfills its
regulatory role without the benefit of the
RSAC’s recommendations.
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 HighSpeed Rail Strategic Plan. RSIA08 alone
has resulted in at least 18 rulemaking
actions, which are competing for limited
resources to meet the short deadlines
imposed by Congress. 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 their
statutory deadlines. Revised timelines
for completion of unfinished regulations
will be forwarded to Congress for
consideration. Through the RSAC, FRA
is working to complete RSIA08 actions
that include finalizing a Positive Train
Control regulation, developing
requirements for Train Conductor
Certification, and determining hours of
service for employees of intercity and
commuter passenger rail service. RSACsupported actions that advance highspeed passenger rail include proposed
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revisions to the Track Safety Standards
dealing with vehicle-track interaction.
Federal Transit Administration (FTA)
FTA helps communities support
public transportation by issuing grants
to eligible recipients for public
transportation purposes, including
planning, vehicle purchases, facility
construction, operations, and other
transit-related purposes. FTA regulatory
activity focuses on establishing the
terms and conditions that attach to
Federal financial assistance available
under Federal transit laws. FTA policy
regarding regulations is to:
• implement statutes that provide the
maximum benefit to our nation’s
mobility and connectivity;
• provide local flexibility and discretion;
• ensure the most productive use of
limited Federal resources;
• protect taxpayer investments in public
transportation assets;
• incorporate good management
principles into the grant management
process; and
• provide transparency.
As public transportation needs have
changed over the years, so have the
requirements for Federal financial
assistance under the Federal transit laws
and related statutes. As a result of the
next authorization statutes, FTA expects
to conduct a number of substantive
rulemakings. A few rulemakings are
likely to be mandated by statute, and
others are likely necessary to amend
current regulations to make them
consistent with the next authorization
statutes. FTA’s regulatory priorities for
the coming year will be reflective of the
directives and programmatic priorities
established by the authorization
statutes, including, notably, FTA’s
School Bus regulation, New Starts
regulation, and State Safety Oversight
regulation. FTA also anticipates revising
its Project Management Oversight
regulation.
Maritime Administration (MARAD)
The Maritime Administration
(MARAD) administers Federal laws and
programs designed to promote and
maintain a U.S. merchant marine
capable of meeting the Nation’s
shipping needs for both national
security and domestic and foreign
commerce.
MARAD administers the Deepwater
Port Act of 1974, as amended (DWPA,
33 U.S.C. § 1501 et seq.), which
established a licensing system for
ownership, construction, and operation
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of oil and natural gas deepwater port
(DWP) structures located seaward of
U.S. territorial waters. The DWPA
authorizes the Secretary of
Transportation, and by delegation the
Maritime Administration, to issue
licenses for deepwater ports.
By its delegated authority, MARAD is
responsible for determining the
financial capability of potential
licensees, rendering citizenship
determinations for ownership, and
securing operational and
decommissioning guarantees for
deepwater port projects. In concert with
the U.S. Coast Guard (USCG) and other
cooperating Federal agencies, MARAD
prepares a Record of Decision (ROD) for
each application. Through the
administration of the DWPA, the
Maritime Administration plays a vital
role in meeting Presidential energy
directives, protecting the environment,
building local economies, and
improving mobility, safety, and security
in our Nation’s oceans and ports.
MARAD’s other regulatory objectives
and priorities reflect the Agency’s
responsibility of ensuring the
availability of adequate and efficient
water transportation services for
American shippers and consumers. To
advance these objectives, MARAD
issues regulations, which are principally
administrative and interpretive in
nature.
Before the end of 2009, the Agency
will issue a final rule regarding the
America’s Marine Highway program
that is in response to the enactment of
the Energy Independence and Security
Act of 2007 (PL. 110-140). The ACT
directs the Secretary of Transportation
to establish a short sea transportation
program and designate short sea
transportation projects to mitigate
landside congestion. Finally, during FY
2010, MARAD will focus on revising its
cargo preference regulations.
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
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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 use data to focus our
efforts on the prevention of high-risk
incidents, particularly those of high
consequence to people and the
environment. 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, including those
posed by the air transportation of
hazardous materials and bulk
transportation of high hazard materials
(2137-AE32). To enhance aviation
safety, PHMSA and FAA are seeking to
identify cost-effective solutions that can
be implemented to reduce incident rates
and potentially detrimental
consequences without placing
unnecessary burdens on the regulated
community. To this end, PHMSA and
FAA are developing regulatory revisions
to enhance the safe transportation of
lithium batteries on board aircraft (2137AE44). In addition, PHMSA is working
with FAA to assess safety risks
associated with the transportation by
aircraft of hazardous materials in nonbulk packagings. To address the risks
posed by the bulk transportation of
high-risk hazardous materials, PHMSA
is considering the development of
enhanced safety measures governing
bulk loading and unloading operations
(2137-AE37).
PHMSA will continue to look for
ways to reduce the regulatory burden on
hazardous materials shippers and
carriers, consistent with our overall
safety goals. For example, PHMSA is
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conducting a comprehensive review of
special permits to identify those with
demonstrated safety records that should
be adopted as regulations of general
applicability (2137-AE39). We will
continue to review regulatory standards
to ensure they are necessary, easy to
understand, contemporary, and
enforceable.
In the fall of 2009, PHMSA will
complete its integrity management
initiative by finalizing risk-based
integrity management regulations
applicable to gas distribution pipelines.
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;
time flight performance data. 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.
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.
• Education and training in
transportation and transportationrelated fields; and
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.
• 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-
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 decision makers;
and to provide safety regulation
implementation and enforcement
training.
• Comprehensive transportation
statistics research, analysis, and
reporting;
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64289
QUANTIFIABLE COSTS AND BENEFITS OF RULEMAKINGS
ON THE 2009-2010 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)
FR 02/10
5.6
14.1
NPRM 06/10
TBD
TBD
5.6
14.1
OST
2105–AD72
Enhancing Airline Passenger Protections
2105–AD92
Enhancing Airline Passenger Protections — Part 2
Total for OST
FAA
2120–AI92
Automatic Dependent Surveillance – Broadcast (ADS-B) Out
equipment
FR 04/10
1,600
1,000
2120–AJ00
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers
SNPRM 04/10
TBD
TBD
2120–AJ53
Helicopter Air Ambulance and Commercial Helicopter Safety Initiatives and Miscellaneous Amendments
NPRM 06/10
TBD
TBD
2120–AJ58
Flight and Duty Time Limitations and Rest Requirements
NPRM 12/09
TBD
TBD
1,600
1,000
NPRM 05/10
587
1,034
FR 04/10
65
231
Total for FAA
FMCSA
2126–AA97
National Registry of Certified Medical Examiners
2126–AB02
Commercial Driver’s Licenses and Learner’s Permit
2126–AB11
Carrier Safety Fitness Determination
NPRM 01/10
TBD
TBD
2126–AB22
Drivers of Commercial Motor Vehicles: Limiting the Use of Wireless Communication Devices
NPRM 09/10
TBD
TBD
652
1,265
Total for FMCSA
NHTSA
2127–AK23
Ejection Mitigation
NPRM 12/09
583
1,158
2127–AK43
Federal Motor Vehicles Safety Standard No. 111, Rearview Mirrors
NPRM 04/10
TBD
TBD
2127–AK45
Tire Fuel Efficiency
FR 12/09
51
202
2127–AK50
CAFE 2012-2016
FR 04/10
60,157
201,676
2127–AK56
Motorcoach Occupant Crash Protection
NPRM 03/10
25.8
107.7
60,817
203,144
9,575
584
9,575
584
1,484
2,691
1,484
2,691
Total for NHTSA
FRA
2130–AC03
Positive Train Control
FR 01/10
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Total for FRA
PHMSA
2137–AE15
Pipeline Safety: Distribution Integrity Management
FR 11/09
Total for PHMSA
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Agency/RIN
Number
Title
Stage
Quantifiable
Costs
Discounted
2007 $
(Millions)
Quantifiable
Benefits
Discounted
2007 $
(Millions)
2133–AB74
Regulations To Be Followed by All Departments, Agencies and
Shippers Having Responsibility To Provide a Preference for
U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels
NPRM 09/10
TBD
TBD
2133–AB75
Cargo Preference — Compromise, Assessment, Mitigation, Settlement & Collection of Civil Penalties
NPRM 03/10
TBD
TBD
Total for MARAD
0
0
TOTAL FOR DOT
74,133.6
208,698.1
MARAD
Notes:
Estimated values are shown after rounding to the nearest $1 million and represent discounted present values assuming a discount rate of 7
percent.
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 $5.8 million. That economic
value is included as part of the benefits estimates shown in the chart. As noted above, we have made no effort to include the non-quantifiable
benefits.
DOT—Office of the Secretary (OST)
Summary of Legal Basis:
PROPOSED RULE STAGE
111. ∑ ŒENHANCING AIRLINE
PASSENGER PROTECTIONS — PART
2
Priority:
Agency Contact:
The Department has authority and
responsibility under 49 USC 41712 in
concert with 49 USC 40101(a)(4) and
40101(a)(9) and 49 USC 41702, to
protect consumers from unfair and
deceptive practices and to ensure safe
and adequate service in air
transportation.
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
Email: blane.workie@dot.gov
Alternatives:
Other Significant
The main alternative would be to take
no regulatory action.
RIN: 2105–AD92
Legal Authority:
49 USC 41712; 49 USC 40101(a)(4); 49
USC 40101(a)(9); 49 USC 41702
Anticipated Cost and Benefits:
DOT—OST
CFR Citation:
To be determined
Not Yet Determined
Risks:
Legal Deadline:
The risk of not taking regulatory action
would be a continuation of the
dissatisfaction and frustration
passengers have with the air travel
environment.
None
erowe on DSK5CLS3C1PROD with RULES
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.
Statement of Need:
This rule is needed to improve the air
travel environment for passengers.
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15:10 Dec 04, 2009
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FINAL RULE STAGE
Timetable:
Action
Date
NPRM
FR Cite
01/00/10
112. ŒENHANCING AIRLINE
PASSENGER PROTECTIONS
Priority:
Other Significant
Legal Authority:
49 USC 329
CFR Citation:
Regulatory Flexibility Analysis
Required:
Legal Deadline:
Undetermined
None
Government Levels Affected:
Undetermined
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
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14 CFR 234; 14 CFR 399
Sfmt 1260
Abstract:
This rulemaking would propose to
enhance airline passenger protections
in the following ways: (1) require
carriers to adopt contingency plans for
lengthy tarmac delays and to
incorporate these plans in their
contracts of carriage, (2) require carriers
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to respond to consumer problems, (3)
declare the operation of flights that
remain chronically delayed to be an
unfair and deceptive practice and an
unfair method of competition, (4)
require carriers to publish delay data
on their web sites, and (5) require
carriers to adopt customer service
plans, incorporate these in their
contracts of carriage, and audit their
adherence to their plans.
Action
NPRM Comment
Period Extended
NPRM Extended
Comment Period
End
Final Rule
Alternatives:
The main alternative would be to take
no regulatory action to address the
increasing number of passengers who
are dissatisfied with airline service as
a result of recent marathon tarmac
waits and the epidemic of flight delays,
and to rely on the airlines to regulate
themselves.
Anticipated Cost and Benefits:
The rule is estimated to cost $5.6
million and result in benefits of $14.1
million per year (at a 7 percent
discount rate).
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:
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Date
VerDate Nov<24>2008
FR Cite
11/20/07 72 FR 65233
01/22/08
03/09/09
02/00/10
Small Entities Affected:
No
Government Levels Affected:
None
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.
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.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
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
Email: blane.workie@dot.gov
RIN: 2105–AD72
DOT—Federal Aviation Administration
(FAA)
PROPOSED RULE STAGE
113. ŒQUALIFICATION, SERVICE, AND
USE OF CREWMEMBERS AND
AIRCRAFT DISPATCHERS
Priority:
Other Significant
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
Summary of Legal Basis:
The FAA?s authority to issue rules on
aviation safety is found in Title 49 of
the United States Code. This
rulemaking is promulgated under the
authority described in 49 U.S.C.
44701(a)(5), which requires the
Administrator to promulgate
regulations and minimum standards for
other practices, methods, and
procedures necessary for safety in air
commerce and national security.
Alternatives:
During the Notice of Proposed
Rulemaking (NPRM) phase, the FAA
did not find any significant alternatives
in accordance with 5 U.S.C. § 603(d).
The FAA will again review alternatives
at the final rule phase.
Anticipated Cost and Benefits:
The FAA will develop the costs and
benefits of this rulemaking after
reviewing the comments received in
response to the NPRM.
12/08/08 73 FR 74586
02/06/09
Jkt 220001
14 CFR 119; 14 CFR 121; 14 CFR 135;
14 CFR 142; 14 CFR 65
Risks:
The FAA will review specific risks
associated with this rulemaking.
Timetable:
Legal Deadline:
Action
None
03/05/08 73 FR 11843
15:10 Dec 04, 2009
02/06/09 74 FR 6249
No
Summary of Legal Basis:
The Department has authority and
responsibility under 49 USC 41712, in
concert with 49 USC 40101(a)(4) and
40101(a)(9) and 49 USC 41702, to
protect consumers from unfair and
deceptive practices and to ensure safe
and adequate service in air
transportation.
ANPRM
ANPRM Comment
Period End
Clarification
Concerning
ANPRM
NPRM
NPRM Comment
Period End
FR Cite
Regulatory Flexibility Analysis
Required:
Statement of Need:
This rule is needed to provide
consumers with more information and
protections to minimize the adverse
consequences of air travel delays and
cancellations. The Department’s Office
of the Inspector General has
recommended that the Department take
specific action to improve the air travel
environment for passengers and
Congress has proposed legislation to
improve airline passenger protections.
Action
Date
64291
NPRM
CFR Citation:
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Date
FR Cite
01/12/09 74 FR 1280
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Action
Date
Comment Period End
Notice of Public
Meeting
NPRM Comment
Period Extended
Extended Comment
Period End
SNPRM
FR Cite
05/12/09
03/12/09 74 FR 10689
CFR Citation:
04/20/09 74 FR 17910
14 CFR 1; 14 CFR 135
08/10/09
Legal Deadline:
None
04/00/10
Abstract:
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
For flight crewmember information
contact Edward Cook, for flight
attendant information contact Nancy
Lauck Claussen, and for aircraft
dispatcher information contact David
Maloy, Air Carrier Training Branch
(AFS-210), Flight Standards Service,
Federal Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone (202)
267 8166.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
Edward Cook
Flight Standards Service
Department of Transportation
Federal Aviation Administration
100 Hartsfield Centre Parkway, Suite 400
Atlanta, GA 30354
Phone: 404–832–4700
Email: edward.cook@faa.gov
RIN: 2120–AJ00
DOT—FAA
114. ∑ ŒAIR AMBULANCE AND
COMMERCIAL HELICOPTER
OPERATIONS; SAFETY INITIATIVES
AND MISCELLANEOUS AMENDMENTS
Priority:
Other Significant
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49 USC 45102; 49 USC 45103; 49 USC
45104; 49 USC 45105
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.
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.
Summary of Legal Basis:
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
NPRM
06/00/10
FR Cite
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
URL For More Information:
www.regulations.gov
URL For Public Comments:
This rulemaking is promulgated under
the authority described in 49 U.S.C.
44701(a)(4), which requires the
Administrator to promulgate
regulations in the interest of safety for
the maximum hours or periods of
service of airmen and other employees
of air carriers, and 49 U.S.C.
44701(a)(5), which requires the
Administrator to promulgate
regulations and minimum standards for
other practices, methods, and
procedures necessary for safety in air
commerce and national security.
www.regulations.gov
Agency Contact:
Edwin Miller
Department of Transportation
Federal Aviation Administration
800 Independence Ave, SW
Washington, DC 20591
Phone: 202–267–8166
Email: edwin.miller@faa.gov
RIN: 2120–AJ53
DOT—FAA
Legal Authority:
Alternatives:
49 USC 106(g); 49 USC 40113; 49 USC
41706; 49 USC 44701; 49 USC 44702;
49 USC 44705; 49 USC 44709; 49 USC
44711; 49 USC 44712; 49 USC 44713;
49 USC 44715; 49 USC 44716; 49 USC
44717; 49 USC 44722; 49 USC 45101;
The FAA is currently reviewing
alternatives to rulemaking.
115. ∑ ŒFLIGHT AND DUTY TIME
LIMITATIONS AND REST
REQUIREMENTS
Anticipated Cost and Benefits:
Priority:
The FAA is currently developing costs
and benefits.
Economically Significant. Major under
5 USC 801.
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64293
Legal Authority:
Summary of Legal Basis:
49 USC 106(g); 49 USC 40113; 49 USC
40119; 49 USC 41706; 49 USC 44101;
49 USC 44701; 49 USC 44702; 49 USC
44705; 49 USC 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
CFR Citation:
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.
14 CFR 121; 14 CFR 135
Alternatives:
Legal Deadline:
Economically Significant. Major under
5 USC 801.
None
The FAA is currently reviewing
alternatives to rulemaking.
Unfunded Mandates:
Abstract:
Anticipated Cost and Benefits:
This rule would establish one set of
flight time limitations, duty period
limits, and rest requirements for pilots.
The rule 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 an improved aviation
safety system.
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.
Statement of Need:
Risks:
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 will
review current approaches to mitigating
fatigue and make recommendations to
the Associate Administrator for
Aviation Safety in September 2009 on
how to address this issue in FAA
regulations.
The ARC will consider:
The FAA will review specific risks
associated with this rulemaking.
Date
NPRM
FR Cite
12/00/09
Yes
Small Entities Affected:
Businesses, Organizations
Government Levels Affected:
None
— Current fatigue science, data, and
information;
URL For Public Comments:
www.regulations.gov
Based on ARC recommendations, the
FAA will propose new regulations
using scientific research data,
developing methods for data collection
and analysis, reviewing fatigue-related
accident data, and using relevant NTSB
recommendations.
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Priority:
This action may affect the private
sector under PL 104-4.
Legal Authority:
49 USC 1155; 49 USC 40103; 49 USC
40113; 49 USC 40120; 49 USC 44101;
49 USC 44111; 49 USC 44701; 49 USC
44709; 49 USC 44711; 49 USC 44712;
49 USC 44715; 49 USC 44716; 49 USC
44717; 49 USC 44722; 49 USC 46306;
49 USC 46315; 49 USC 46316; 49 USC
46504; 49 USC 46506 ; 49 USC 47122;
49 USC 47508; 49 USC 47528 to 47531;
49 USC 106(g); Articles 12 and 29 of
61 Stat.1180; 49 USC 46507
Agency Contact:
Nancy L Claussen
Federal Aviation Administration
Department of Transportation
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591
Phone: 202 267–8166
Email: nancy.claussen@faa.gov
RIN: 2120–AJ58
PO 00000
Frm 00153
Fmt 1260
Sfmt 1260
Legal Deadline:
None
Regulatory Flexibility Analysis
Required:
www.regulations.gov
— The use of Fatigue Risk Management
Systems.
116. ŒAUTOMATIC DEPENDENT
SURVEILLANCE — BROADCAST
(ADS–B) EQUIPAGE MANDATE TO
SUPPORT AIR TRAFFIC CONTROL
SERVICE
14 CFR 91
Action
URL For More Information:
— How current international standards
address fatigue; and
FINAL RULE STAGE
CFR Citation:
Timetable:
— An approach to fatigue that
consolidates and replaces existing
regulatory requirements;
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DOT—FAA
Abstract:
This rulemaking would require
Automatic Dependent Surveillance —
Broadcast (ADS-B) Out equipment on
aircraft to operate in certain classes of
airspace within the United States
National Airspace System. The
rulemaking is necessary to
accommodate the expected increase in
demand for air transportation, as
described in the Next Generation Air
Transportation System Integrated Plan.
The intended effect of this rule is to
provide the Federal Aviation
Administration with a comprehensive
surveillance system that accommodates
the anticipated increase in operations
and would provide a platform for
additional flight applications and
services.
Statement of Need:
Congress tasked the FAA with creating
the Next Generation Air Transportation
System (NextGen) to accommodate the
demand for air traffic services. The
current FAA surveillance system will
not be able to maintain the same level
of service as operations continue to
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grow. ADS-B is a key component of
NextGen that will move air traffic
control from a radar-based system to
satellite-derived aircraft location data.
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Summary of Legal Basis:
This rulemaking is promulgated under
the authority described in Subtitle VII,
Part A, Subpart I, Section 40103,
Sovereignty and use of airspace, and
Subpart III, Section 44701, General
requirements. Under section 40103, the
FAA is charged with prescribing
regulations on the flight of aircraft
(including regulations on safe altitudes)
for navigating, protecting, and
identifying aircraft, and the efficient
use of the navigable airspace. Under
section 44701, the FAA is charged with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce.
Alternatives:
The FAA considered the following
alternatives before proceeding with this
rulemaking:
(1) Radar as it exists today — Radars
have different update rates, accuracies,
ranges, and functions. ADS-B, however,
employs one type of receiving
equipment, and it does not have to
accommodate for transition between
differing surveillance systems.
(2) Multilateration — Multilateration is
a non-radar system that has limited
deployment in the United States.
Multilateration is a process by which
an aircraft’s position is determined by
measuring the time difference between
the arrival of the aircraft’s signal to
multiple receivers on the ground. At a
minimum, multilateration requires
upwards of four ground stations to
deliver the same volume of coverage
and integrity of information as ADS-B,
due to the need to ‘‘triangulate’’ the
aircraft’s position.
The FAA rejected both of these
alternatives. The agency has
determined that the improved accuracy
and update rate afforded by ADS-B
provides an opportunity to make the
system more efficient. Specifically,
enhanced surveillance data via ADS-B
will improve the performance of air
traffic control (ATC) decision support
tools that rely on surveillance data to
make predictions. Unlike radar and
multilateration, ADS-B provides more
detailed flight information (for
example, update rate, velocity, and
heading) that supports ground based
merging and spacing tools. The tools
use this information to determine
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optimal tracks for ATC arrival
planning.
DOT—Federal Motor Carrier Safety
Administration (FMCSA)
Anticipated Cost and Benefits:
The FAA is currently developing costs
and benefits.
Risks:
Congestion continues to build in the
nation?s busiest airports and the
surrounding airspace. The FAA must be
poised to handle future demand that
is certain to grow as the Nation’s
economy improves. In addition, the
current method of handling traffic flow
will not be able to adapt to future
operations as future aviation activity
will be more diverse than it is today.
Timetable:
Action
Date
NPRM
NPRM Comment
Period End
NPRM Comment
Period Extended
Comment Period End
Reopened for
Comments on
ARAC
Recommendation
Comment Period End
Final Rule
FR Cite
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
Section 4009 of TEA–21
CFR Citation:
49 CFR 385
01/03/08
None
03/03/08
10/02/08 73 FR 57270
Abstract:
11/03/08
04/00/10
Small Entities Affected:
Businesses
Government Levels Affected:
None
International Impacts:
This regulatory action will be likely to
have international trade and investment
effects, or otherwise be of international
interest.
Additional Information:
Project number ATO-06-552-R.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
Vincent Capezzuto
Terminal Program Operations
Department of Transportation
Federal Aviation Administration
800 Independence Avene, SW
Washington, DC 20591
Phone: 202–385–8637
Email: vincent.capezzuto@faa.gov
RIN: 2120–AI92
Frm 00154
117. ŒCARRIER SAFETY FITNESS
DETERMINATION
10/05/07 72 FR 56947
11/19/07
Regulatory Flexibility Analysis
Required:
Yes
PO 00000
PROPOSED RULE STAGE
Fmt 1260
Sfmt 1260
Legal Deadline:
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
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.
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
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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.
Risks:
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.
Action
Date
NPRM
03/00/10
FMCSA has not yet fully assessed the
risks that might be associated with this
activity.
Timetable:
FR Cite
Regulatory Flexibility Analysis
Required:
64295
Wanted List’’ of safety
recommendations.
Statement of Need:
TBD
Summary of Legal Basis:
TBD
Alternatives:
TBD
Undetermined
Anticipated Cost and Benefits:
Government Levels Affected:
Undetermined
FMCSA has not fully assessed the costs
and benefits that might be associated
with this activity.
Federalism:
Risks:
Summary of Legal Basis:
Undetermined
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, § 215, Pub. L. 98-554, 98 Stat.
2844 (Oct. 30, 1984).
URL For More Information:
FMCSA has not fully assessed the risk
that might be associated with this
activity.
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.
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Alternatives:
The Agency has been considering only
two alternatives: the no-action
alternative and the proposal.
Anticipated Cost and Benefits:
FMCSA has not yet fully assessed the
costs and benefits at this time.
VerDate Nov<24>2008
15:10 Dec 04, 2009
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www.regulations.gov
Timetable:
URL For Public Comments:
Action
Date
www.regulations.gov
NPRM
06/00/10
Agency Contact:
David Miller
Regulatory Development Division
Department of Transportation
Federal Motor Carrier Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366–5370
Email: fmcsaregs@dot.gov
FR Cite
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
URL For More Information:
RIN: 2126–AB11
regs.dot.gov
DOT—FMCSA
URL For Public Comments:
118. ∑ ŒDRIVERS OF COMMERCIAL
MOTOR VEHICLES: LIMITING THE
USE OF WIRELESS COMMUNICATION
DEVICES
regs.dot.gov
Agency Contact:
49 CFR 367
Thomas Yager
Driver and Carrier Operations Division,
MC–PSD
Department of Transportation
Federal Motor Carrier Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366–4325
Email: tom.yager@dot.gov
Legal Deadline:
RIN: 2126–AB22
Priority:
Other Significant
Legal Authority:
49 USC 31136; 49 USC 31502
CFR Citation:
None
DOT—FMCSA
Abstract:
This rulemaking would ban text
messaging and restrict the use of cell
phones 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
would also address the National
Transportation Safety Board’s ‘‘Most
PO 00000
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Sfmt 1260
FINAL RULE STAGE
119. ŒNATIONAL REGISTRY OF
CERTIFIED MEDICAL EXAMINERS
Priority:
Other Significant. Major under 5 USC
801.
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Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
consistently, thereby decreasing the
likelihood that a medically unqualified
driver may obtain a medical certificate.
Legal Authority:
PL 109–59 (2005), sec 4116
Summary of Legal Basis:
CFR Citation:
49 CFR 390; 49 CFR 391
Legal Deadline:
Final, Statutory, August 10, 2006, Final
Rule.
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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.
Statement of Need:
In enacting the Safe, Accountable,
Flexible, Efficient Transportation
Equity Act: A Legacy for Users
(SAFETEA-LU) [PL 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
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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.
Anticipated Cost and Benefits:
We estimated 10 year costs (discounted
at 7 percent) at $586,969,000, total
benefits at $1,033,681,000, and net
benefits over 10 years at $446,712,000.
Risks:
FMCSA has not yet fully assessed the
risks that might be associated with this
activity.
Timetable:
Action
Date
NPRM
NPRM Comment
Period End
Final Rule
FR Cite
12/01/08 73 FR 73129
01/30/09
05/00/10
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
PO 00000
Frm 00156
Fmt 1260
Sfmt 1260
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
Email: maggi.gunnels@dot.gov
RIN: 2126–AA97
DOT—FMCSA
120. ŒCOMMERCIAL DRIVER’S
LICENSE TESTING AND
COMMERCIAL LEARNER’S PERMIT
STANDARDS
Priority:
Other Significant
Legal Authority:
PL 109–347, sec 703; 49 USC 31102;
PL 105–178, 112 stat 414 (1998); PL
99–570, title XII, 100 Stat.3207 (1086);
PL 102–240, sec 4007(a)(1), Stat. 1914,
2151; PL 109–59 (2005), sec 4122; 49
USC 31136
CFR Citation:
49 CFR 380; 49 CFR 383; 49 CFR 384;
49 CFR 385
Legal Deadline:
Final, Statutory, April 13, 2008, Final
Rule.
The statutory deadline results from
section 703 of the SAFE Port Act
(enacted October 13, 2006). The Act
requires the Agency to implement
certain statutory provisions within 18
months of enactment.
Abstract:
This rulemaking would establish
revisions to the commercial driver’s
license knowledge and skills testing
standards as required by section 4019
of TEA-21, implement fraud detection
and prevention initiatives at the State
driver licensing agencies as required by
the SAFE Port Act of 2006, and
establish new minimum Federal
standards for States to issue
commercial learner’s permits (CLPs),
based in part on the requirements of
section 4122 of SAFETEA-LU. In
addition, to ensuring the applicant has
the appropriate knowledge and skills to
operate a commercial motor vehicle,
this rule would establish the minimum
information that must be on the CLP
document and the electronic driver’s
record. The rule would also establish
maximum issuance and renewal
periods, establish a minimum age limit,
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan
address issues related to a driver’s State
of Domicile, and incorporate previous
regulatory guidance into the Federal
regulations. This rule would also
address issues raised in the SAFE Port
Act.
Statement of Need:
This proposed rule would create a
Federal requirement for a commercial
learner’s permit (CLP) as a precondition for a commercial driver’s
license (CDL) and make a variety of
other changes to enhance the CDL
program. This would help to ensure
that drivers who operate CMVs are
legally licensed to do so and that they
do not operate CMVs without having
passed the requisite tests.
Summary of Legal Basis:
The Commercial Motor Vehicle Safety
Act of 1986 (CMVSA) (Public Law 99570, Title XII, 100 Stat. 3207-170; 49
U.S.C. chapter 313); section 4122 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act—A Legacy
for Users (SAFETEA-LU) (Public Law
109-59, 119 Stat. 1144, at 1734; 49
U.S.C. 31302, 31308, and 31309); and
section 703 of the Security and
Accountability For Every Port Act of
2006 (SAFE Port Act) (Public Law 109347, 120 Stat. 1884, at 1944). It is also
based in part on the Motor Carrier
Safety Act of 1984 (MCSA) (Public Law
98-554, Title II, 98 Stat. 2832; 49 U.S.C.
31136, and the safety provisions of the
Motor Carrier Act of 1935 (MCA)
(Chapter 498, 49 Stat. 543, codified at
49 U.S.C. 31502).
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
State
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
Docket ID FMCSA-2007-27659
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
Robert Redmond
Senior Transportation Specialist
Department of Transportation
Federal Motor Carrier Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366–5014
Email: robert.redmond@dot.gov
Related RIN: Related to 2126–AB00
RIN: 2126–AB02
DOT—National Highway Traffic Safety
Administration (NHTSA)
Alternatives:
There are 17 issues described in this
rulemaking document and several
alternatives were considered for each.
Anticipated Cost and Benefits:
We estimate 10 year costs (discounted
at 7 percent) at $65,079,000, total
benefits at $231,264,000, and net
benefits over 10 years at $166,185,000.
Risks:
FMCSA has not yet fully assessed the
risks that might be associated with this
activity.
Timetable:
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Action
Date
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
Second NPRM
Comment Period
End
Final Rule
VerDate Nov<24>2008
FR Cite
04/09/08 73 FR 19282
06/09/08 73 FR 32520
121. ŒEJECTION MITIGATION
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
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
CFR Citation:
49 CFR 571.226
06/09/08
Legal Deadline:
07/09/08
Final, Statutory, October 1, 2009, Final
Rule. Extended via Letter to Congress
to January 31, 2011.
04/00/10
15:10 Dec 04, 2009
PROPOSED RULE STAGE
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64297
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.’’
Statement of Need:
The agency’s annualized injury data
from 1997 to 2005 show that there are
6,174 fatalities and 5,271 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.). Sixtyseven percent of the fatalities and 78
percent of the serious injuries are from
ejections that involve a rollover as part
of the crash event.
Summary of Legal Basis:
Section 30111, Title 49 of the USC,
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 an explanation of the delay to
the Senate Committee on Commerce,
Science and Transportation and the
House of Representatives Committee on
Energy and Commerce. On September
24, 2009, the Secretary provided
appropriate notification to Congress
that the final rule would be delayed
until January 31, 2011.
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Alternatives:
Agency Contact:
The agency is not pursuing any
alternatives to reduce side window
ejections of light vehicle occupants
other than establishing FMVSS No. 226.
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
Email: louis.molino@dot.gov
Anticipated Cost 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). We estimate
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 is 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
NPRM
FR Cite
12/00/09
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
International Impacts:
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This regulatory action will be likely to
have international trade and investment
effects, or otherwise be of international
interest.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
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15:10 Dec 04, 2009
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RIN: 2127–AK23
DOT—NHTSA
122. ŒFEDERAL MOTOR VEHICLES
SAFETY STANDARD NO. 111,
REARVIEW MIRRORS
Priority:
Other Significant
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
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.
Summary of Legal Basis:
Section 3011, title 49 of the USC, 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.
Anticipated Cost and Benefits:
Costs: $1.9 to 2.7 billion.
Benefit: Reduction by 95 to 112
fatalities.
Risks:
The agency believes there are no
substantial risks to this rulemaking.
Timetable:
CFR Citation:
49 CFR 571.111
Action
Legal Deadline:
Other, Statutory, February 28, 2009,
Initiate Rulemaking.
ANPRM
ANPRM Comment
Period End
NPRM
Final, Statutory, February 28, 2011,
Publish Final Rule.
Regulatory Flexibility Analysis
Required:
No
Abstract:
Date
FR Cite
03/04/09 74 FR 9477
05/04/09
04/00/10
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.
Small Entities Affected:
No
Statement of Need:
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
Email: dhines@nhtsa.dot.gov
RIN: 2127–AK43
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
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Government Levels Affected:
None
International Impacts:
This regulatory action will be likely to
have international trade and investment
effects, or otherwise be of international
interest.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
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DOT—NHTSA
123. ∑ ŒREQUIRE INSTALLATION OF
SEAT BELTS ON MOTORCOACHES,
FMVSS NO. 208
Priority:
Other Significant
Legal Authority:
49 USC 30111; 49 USC 30115; 49 USC
30117; 49 USC 30166; 49 USC 322; 49
CFR 1.50
CFR Citation:
49 CFR 571.208; 49 CFR 571.3
Legal Deadline:
None
motorcoach roof strength, fire safety,
and emergency egress to improve
occupant protection. Our detailed plan
for improving motorcoach passenger
protection can be found in NHTSA’s
Approach to Motorcoach Safety 2007
(Docket No. NHTSA-2007-28793).
Anticipated Cost and Benefits:
TBD
Risks:
The agency believes there are no
substantial risks to this rulemaking, and
that only beneficial outcomes will
occur as the industry moves to reduce
injuries of motorcoach occupants.
Timetable:
Action
Date
NPRM
03/00/10
Statement of Need:
Over the ten-year period between 1999
and 2008, there were 54 fatal
motorcoach crashes resulting in 186
fatalities. During this period, on
average, 16 fatalities have occurred
annually to occupants of motorcoaches
in crash and rollover events, with about
2 of these fatalities being drivers and
14 being passengers. However, while
motorcoach transportation overall is
safe, when serious crashes of this
vehicle type do occur, they can cause
a significant number of fatal or serious
injuries during a single event,
particularly when occupants are
ejected.
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Abstract:
This rulemaking would require the
installation of lap/shoulder belts in
newly-manufactured motorcoaches.
Specifically, this rulemaking would
establish a new definition for
motorcoaches in 49 CFR Part 571.3. It
would also amend Federal Motor
Vehicle Safety Standard No. 208,
‘‘Occupant crash protection,’’ to require
the installation of lap/shoulder belts at
all driver and passenger seating
positions. It would also require the
installation of lap/shoulder belts at
driver seating positions of large school
buses in FMVSS No. 208. This
rulemaking responds, in part, to
recommendations made by the National
Transportation Safety Board for
improving bus safety.
URL For Public Comments:
Summary of Legal Basis:
Section 30111, Title 49 of the USC,
states that the Secretary shall prescribe
motor vehicle safety standards.
Alternatives:
In addition to the proposed installation
of seat belts in all passenger seating
positions on motorcoaches, the agency
is also pursuing improvements to
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Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
International Impacts:
This regulatory action will be likely to
have international trade and investment
effects, or otherwise be of international
interest.
URL For More Information:
www.regulations.gov
www.regulations.gov
Agency Contact:
David Sutula
Safety Standards Engineer
Department of Transportation
National Highway Traffic Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366–3273
Fax: 202 366–4329
Email: david.sutula@dot.gov
RIN: 2127–AK56
DOT—NHTSA
64299
Legal Authority:
49 USC 32304
CFR Citation:
49 CFR 575.105
Legal Deadline:
Final, Statutory, December 18, 2009,
Publish Final Rule.
Abstract:
This rulemaking would establish a new
program that would make information
about the relative rolling resistance of
tires available to purchasers of
replacement tires and educate
consumers about the effect of tires on
automobile fuel efficiency, safety, and
durability. The agency is required by
the Energy Independence and Security
Act of 2007 to establish a national tire
fuel efficiency consumer information
program for replacement tires designed
for use on motor vehicles. Vehicle
manufacturers often use low rolling
resistance tires on new vehicles to help
meet CAFE goals. This rulemaking is
significant because it has a statutory
mandate and it relates to fuel
efficiency.
Statement of Need:
The agency is required by the Energy
Independence and Security Act of 2007
to establish a national tire fuel
efficiency consumer information
program for replacement tires designed
for use on motor vehicles that would
make information about the relative
rolling resistance of tires available to
purchasers of replacement tires and
educate consumers about the effect of
tires on automobile fuel efficiency,
safety, and durability. Vehicle
manufacturers often use low rolling
resistance tires on new vehicles to help
meet CAFE goals.
Summary of Legal Basis:
The Energy Independence and Security
Act of 2007 (EISA; Pub. L. 110-140, 121
Stat. 1492 (December 18, 2007) requires
NHTSA to develop a national tire fuel
efficiency consumer information
program to educate consumers about
the effect of tires on automobile fuel
efficiency, safety, and durability.
Alternatives:
FINAL RULE STAGE
The agency is not pursuing any
alternatives.
Anticipated Cost and Benefits:
124. ∑ ŒTIRE FUEL EFFICIENCY
CONSUMER INFORMATION
Priority:
Other Significant
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The annual cost of NHTSA’s proposal
is estimated to be between $18.9 and
$52.8 million. This includes testing
costs of $22,500, reporting costs of
around $113,000, labeling costs of
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around $9 million, costs to the Federal
government of $1.28 million, and costs
of between $8.4 and $42 million to
improve tires. In addition, NHTSA
anticipates one-time costs of around $4
million, including initial testing costs
of $3.7 million and reporting start-up
costs of $280,000.
It is hoped that the proposed rule will
have benefits in terms of fuel economy,
safety and durability. Because the
agency cannot foresee precisely how
much the consumer information
program will affect consumer tire
purchasing behavior, driving the market
for improved tires, NHTSA made
estimates based on hypothetical
assumptions that 2% and 10% of tires
would improve. Under these
assumptions, the rule would save 7.978 million gallons of fuel annually. The
values of the fuel savings are between
$22 and $220 million at a 3 percent
discount rate and between $20 and
$203 million at a 7 percent discount
rate.
Risks:
Agency Contact:
Mary Versailles
Office of Planning and Consumer
Standards
Department of Transportation
National Highway Traffic Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202–366–2057
Email: mary.versailles@dot.gov
RIN: 2127–AK45
represent a harmonized and consistent
national program (National Program).
Under the National Program, the overall
light-duty vehicle fleet would reach
35.5 mpg in MY 2016, if all reductions
were made through fuel economy
improvements. The Program would
result in approximately 950 million
metric tons of CO2 emission reductions
and approximately 1.8 billion barrels of
oil savings over the lifetime of vehicles
sold in model years 2012 through 2016.
This rulemaking action was
inadvertently published under RIN
2127-AK90.
DOT—NHTSA
125. ∑ ŒPASSENGER CAR AND LIGHT
TRUCK CORPORATE AVERAGE FUEL
ECONOMY STANDARDS MYS
2012–2016
Statement of Need:
Economically Significant. Major under
5 USC 801.
NHTSA is required by statute to
establish the CAFE standard for a
model year not later than 18 months
before its beginning, and thus must
publish the final rule for model year
2012 on or before April 1, 2010.
Unfunded Mandates:
Summary of Legal Basis:
Priority:
This action may affect the private
sector under PL 104-4.
Legal Authority:
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.
The agency believes there are no
substantial risks to this rulemaking, and
that only beneficial outcomes will
occur as it will drive the market for
more fuel efficient tires.
49 USC 32902; delegation of authority
at 49 CFR 1.50
Timetable:
Legal Deadline:
The agency is not pursuing any
alternatives.
Final, Statutory, April 1, 2010, Final
rule for Model Year 2012.
Anticipated Cost and Benefits:
Action
Date
NPRM
NPRM Comment
Period End
Final Action
FR Cite
06/22/09 74 FR 29541
08/21/09
12/00/09
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
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International Impacts:
This regulatory action will be likely to
have international trade and investment
effects, or otherwise be of international
interest.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
VerDate Nov<24>2008
15:10 Dec 04, 2009
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CFR Citation:
Alternatives:
49 CFR 533
Abstract:
This joint NHTSA/EPA rulemaking
would establish a National Program
consisting of new standards for lightduty vehicles that will reduce
greenhouse gas emissions and improve
fuel economy. This rulemaking would
be consistent with the National Fuel
Efficiency Policy announced by
President Obama on May 19, 2009,
responding to the country’s critical
need to address global climate change
and to reduce oil consumption. EPA is
proposing greenhouse gas emissions
standards under the Clean Air Act, and
NHTSA is proposing Corporate Average
Fuel Economy standards under the
Energy Policy and Conservation Act, as
amended. These standards apply to
passenger cars, light-duty trucks, and
medium-duty passenger vehicles,
covering model years 2012 through
2016. They require these vehicles to
meet an estimated combined average
emissions level of 250 grams of CO2
per mile in MY 2016 under EPA’s GHG
program, and 34.1 mpg in MY 2016
under NHTSA’s CAFE program and
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The costs and benefits of the potential
changes addressed in this action have
not yet been assessed.
Risks:
Depending on how manufacturers
address Federal fuel economy
requirements, there is some potential
effect on safety. The most recent
NHTSA analysis (2003) indicated that
the association between vehicle weight
and overall crash fatality rates in
heavier MY 1991-99 light trucks and
vans was not significant. However, for
three other groups of MY 1991-99
vehicles - the lighter LTVs (light trucks
and vans), the heavier cars, and
especially the lighter cars - fatality rates
increased as weights decreased.
Timetable:
Action
Date
NPRM
Notice of Public
Hearing
NPRM Comment
Period End
Final Rule
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09/28/09 74 FR 49454
10/06/09 74 FR 51252
11/27/09
04/00/10
Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan
and use of the these systems required
under 49 USC 20157 or specifically
required by the Federal Railroad
Administration.
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
None
Energy Effects:
Statement of Energy Effects planned as
required by Executive Order 13211.
International Impacts:
This regulatory action will be likely to
have international trade and investment
effects, or otherwise be of international
interest.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
Julie Abraham
Director
Department of Transportation
National Highway Traffic Safety
Administration
1200 New Jersey Ave, SE
Washington, DC 20590
Phone: 202–366–1455
Email: julie.abraham@dot.gov
Related RIN: Related to 2060–AP58
RIN: 2127–AK50
DOT—Federal Railroad Administration
(FRA)
FINAL RULE STAGE
126. ∑ ŒPOSITIVE TRAIN CONTROL
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
PL 110–432, Section 104 (Codified at
49 USC 20157); Rail Safety
Improvement Act of 2008
Legal Deadline:
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Summary of Legal Basis:
Required by the Railroad Safety
Improvement Act of 2008, Pub. L. 110423.
Alternatives:
The Railroad Safety Improvement Act
of 2008 does not permit FRA to
exercise discretion in requiring the
installation of PTC systems on railroads
operating on the affected network.
Abstract:
This rulemaking would regulate the
submission of Positive Train Control
plans; the implementation of the
Positive Train Control Systems; and the
qualification, installation, maintenance
Jkt 220001
URL For Public Comments:
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
Email: kathryn.shelton@fra.dot.gov
RIN: 2130–AC03
DOT—Pipeline and Hazardous
Materials Safety Administration
(PHMSA)
Risks:
The advantages of PTC technology will
significantly improve the safety and
performance of train operations,
significantly reducing the risk of train
accidents. Under the statute, required
PTC systems will be designed to
prevent train-to-train collisions,
overspeed derailments, and incursions
into roadway worker work limits.
Timetable:
CFR Citation:
49 CFR 192
Date
FR Cite
07/21/09 74 FR 35950
08/20/09
01/00/10
Regulatory Flexibility Analysis
Required:
Yes
None
URL For More Information:
Anticipated Cost and Benefits:
The Railroad Safety Improvement Act
of 2008 does not permit FRA to
exercise discretion in requiring the
installation of PTC systems on railroads
operating on the affected network. All
costs and benefits that follow are 20
year costs and benefits, discounted at
7% per year. FRA estimates that it will
cost between $3 billion and $7 billion
to install PTC on passenger railroads,
and between $10 billion and $20
billion to install PTC on Class 1 freight
railroads. FRA estimates that the
benefit of reduced accidents on
railroads will be about $800 million,
however the net impact on safety could
be adverse if shippers and passengers
divert to highway transportation.
NPRM
NPRM Comment
Period End
Final Rule
49 CFR 236
15:10 Dec 04, 2009
www.regulations.gov
Action
CFR Citation:
VerDate Nov<24>2008
Federalism:
Undetermined
Statement of Need:
Required by the Railroad Safety
Improvement Act of 2008, Pub. L. 110423.
64301
Small Entities Affected:
Businesses
Government Levels Affected:
None
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FINAL RULE STAGE
127. ŒPIPELINE SAFETY:
DISTRIBUTION INTEGRITY
MANAGEMENT
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
49 USC 5103; 49 USC 60104; 49 USC
60102; 49 USC 60108 to 60110; 49 USC
60113; 49 USC 60118; 49 CFR 1.53
Legal Deadline:
None
Abstract:
This rulemaking would establish
integrity management program
requirements appropriate for gas
distribution pipeline operators. This
rulemaking would require gas
distribution pipeline operators to
develop and implement programs to
better assure the integrity of their
pipeline systems.
Statement of Need:
This rule is necessary to comply with
a Congressional mandate and to
enhance safety by managing and
reducing risks associated with gas
distribution pipeline systems.
Summary of Legal Basis:
The Pipeline Inspection, Protection,
Enforcement and Safety Act of 2006
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan
(Public Law No. 109-468), requires
PHMSA to prescribe minimum
standards for integrity management
programs for gas distribution pipelines.
URL For More Information:
Alternatives:
www.regulations.gov
PHMSA considered the following
alternatives:
URL For Public Comments:
www.regulations.gov
—No Action: No new requirements
would be levied.
Agency Contact:
—Apply existing gas transmission
pipeline IMP regulations to gas
distribution pipelines.
—Model State legislation by imposing
requirements on excavators and others
outside the regulatory jurisdiction of
pipeline safety authorities.
—Develop guidance documents for
adoption by states with the intent of
states mandating use of the guidance.
—Implement risk-based, flexible,
performance-oriented federal
regulations, establishing high-level
elements that must be included in
integrity management programs—the
alternative selected.
The monetized benefits resulting from
the rulemaking are estimated to be $214
million per year. The costs of the
rulemaking are estimated to be $155.1
million in the first year and $104.1
million in each subsequent year.
Risks:
These regulations will require operators
to analyze their pipelines, including
unique situations, identify the factors
that affect risk — both risk to the
pipeline and the risks posed by the
pipeline — and manage those factors.
Date
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FR Cite
06/25/08 73 FR 36015
09/12/08 73 FR 52938
09/23/08
12/00/09
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
15:10 Dec 04, 2009
Jkt 220001
128. ŒREGULATIONS TO BE
FOLLOWED BY ALL DEPARTMENTS,
AGENCIES, AND SHIPPERS HAVING
RESPONSIBILITY TO PROVIDE A
PREFERENCE FOR U.S.–FLAG
VESSELS IN THE SHIPMENT OF
CARGOES ON OCEAN VESSELS
Priority:
Other Significant
operators of oceangoing cargo ships
may seek to designate each of their
vessels as either a dry bulk carrier or
a dry cargo liner, according to specified
service-based criteria. With the help of
OMB, these agencies are in the process
of negotiating updates to the
comprehensive cargo preference rule,
which has not been significantly
changed since 1971.
Summary of Legal Basis:
The Cargo Preference Act requires that
Federal agencies take necessary and
practicable steps to ensure that
privately-owned US flag vessels
transport at least 50 percent of the gross
tonnage of cargo sponsored under
Federal programs to the extent such
vessels are available at fair and
reasonable rates for commercial vessels
of the US, in a manner that will ensure
a fair and reasonable participation of
commercial vessels of the US in those
cargoes by geographic areas. 46 USC
55305(b). An additional 25 percent of
gross tonnage of certain food assistance
programs is to be transported in
accordance with the requirements of 46
USC 55314.
Alternatives:
TBD
Anticipated Cost and Benefits:
TBD
Risks:
Legal Authority:
49 CFR 1.66; 46 App USC 1101; 46
App USC 1241; 46 USC 2302 (e)(1); PL
91–469
TBD
Timetable:
Action
Date
CFR Citation:
46 CFR 381
NPRM
09/00/10
Legal Deadline:
None
Regulatory Flexibility Analysis
Required:
Abstract:
This rulemaking would revise and
clarify the Cargo Preference rules that
have not been revised substantially
since 1971. Revisions would include an
updated purpose and definitions
section along with the removal of
obsolete provisions.
No
Statement of Need:
On September 4, 2009, the USDA,
MARAD, and USAID entered into a
MOU regarding the proper
implementation of the Cargo Preference
Act. The MOU establishes procedures
and standards by which owners and
Timetable:
NPRM
Extended NPRM
Comment Period
End 10/23/08
NPRM Comment
Period End
Final Rule
DOT—Maritime Administration
(MARAD)
PROPOSED RULE STAGE
Anticipated Cost and Benefits:
Action
Mike Israni
General Engineer
Department of Transportation
Pipeline and Hazardous Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366–4571
Email: mike.israni@rpsa.dot.gov
RIN: 2137–AE15
—Implement prescriptive Federal
regulations, specifying in detail, actions
that must be taken to assure
distribution pipeline integrity.
VerDate Nov<24>2008
Additional Information:
Docket Nos. PHMSA-04-18938 and
PHMSA-04-19854.
URL For More Information:
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Small Entities Affected:
No
Government Levels Affected:
None
www.regulations.gov
URL For Public Comments:
www.regulations.gov
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assessment, mitigation, settlement, and
collection of civil penalties.
RIN: 2133–AB74
DOT—MARAD
129. ŒCARGO PREFERENCE —
COMPROMISE, ASSESSMENT,
MITIGATION, SETTLEMENT AND
COLLECTION OF CIVIL PENALTIES
Priority:
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
PL 110–417
CFR Citation:
46 CFR 383
Legal Deadline:
None
Abstract:
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This rulemaking would establish part
383 of the cargo preference regulations.
This rulemaking would cover P.L. 110417, section 3511, National Defense
Authorization Act for FY2009 statutory
changes to the cargo preference rules,
which have not been substantially
revised since 1971. The rulemaking
also would include compromise,
15:10 Dec 04, 2009
Jkt 220001
TBD
Action
Date
NPRM
03/00/10
Summary of Legal Basis:
Related RIN: Related to 2133–AB37
Alternatives:
On September 4, 2009, the USDA,
MARAD, and USAID entered into a
MOU regarding the proper
implementation of the Cargo Preference
Act. The MOU establishes procedures
and standards by which owners and
operators of oceangoing cargo ships
may seek to designate each of their
vessels as either a dry bulk carrier or
a dry cargo liner, according to specified
service-based criteria. With the help of
OMB, these agencies are negotiating
updates to the comprehensive Cargo
Preference rule, which has not been
significantly changed since 1971. The
statutory changes will be the subject of
either a separate rulemaking or as part
of the comprehensive rulemaking.
Christine Gurland
Department of Transportation
Maritime Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366–5157
Email: christine.gurland@dot.gov
compliance with the cargo preference
laws.
Statement of Need:
Agency Contact:
VerDate Nov<24>2008
64303
Government Levels Affected:
The Cargo Preference Act requires that
Federal agencies take necessary and
practicable steps to ensure that
privately-owned US flag vessels
transport at least 50 percent of the gross
tonnage of cargo sponsored under
Federal programs to the extent such
vessels are available at fair and
reasonable rates for commercial vessels
of the US, in a manner that will ensure
a fair and reasonable participation of
commercial vessels of the US in those
cargoes by geographic areas. 46 USC
55305(b). An additional 25 percent of
gross tonnage of certain food assistance
programs is to be transported in
accordance with the requirements of 46
USC 55314. P.L 110-417 gave MARAD
the authority for assessing civil
penalties and make-up cargoes for non-
Undetermined
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Anticipated Cost and Benefits:
TBD
Risks:
TBD
Timetable:
FR Cite
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
Christine Gurland
Department of Transportation
Maritime Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366–5157
Email: christine.gurland@dot.gov
Related RIN: Related to 2133–AB74
RIN: 2133–AB75
BILLING CODE 4910–9X–S
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]]>[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64283-64303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X09-151207]
[[Page 64283]]
DEPARTMENT OF TRANSPORTATION (DOT)
Introduction: Department Overview and Summary of Regulatory Priorities
The Department of Transportation (DOT) consists of ten 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.
This Plan identifies the Department's regulatory priorities--the
fourteen pending rulemakings that the Department believes will merit
special attention in the upcoming year. The rules included in the
Regulatory Plan embody the Department's continuing focus on safety,
consumer protection, environmental stewardship, and energy
independence.
In order to prioritize these fourteen rulemakings from among the dozens
in the Department's broad regulatory agenda, we 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 regulations
The advantages to non-regulatory alternatives
Opportunities for deregulatory action
The enforceability of any rule, including the effect on agency
resources
The Regulatory Plan reflects the Department's primary focus on safety--
a focus that extends across all modes of transportation.
The airways: The Plan includes important initiatives by the
Federal Aviation Administration (FAA) to enhance the safety
of our airways--including a proposed rulemaking to revise
rest requirements for commercial pilots.
The roads: The Plan includes proposals by the Federal Motor
Carrier Safety Administration (FMCSA) and the National
Highway Traffic Safety Administration (NHTSA) to improve
the safety of our roadways. FMCSA has initiated rulemakings
to strengthen the requirements for commercial drivers'
licenses and carrier fitness, while NHTSA is protecting the
passengers of the vehicles on America's roads through
proposed rules to prevent passenger ejection and to require
seat belts in buses.
The railways: The Federal Railroad Administration (FRA) will
implement Congress' directive to enhance the safety of our
nation's rail system through the introduction of positive
train control systems.
Pipelines: The Pipelines and Hazardous Materials Safety
Administration (PHMSA) will continue to enhance the
integrity of the pipeline distribution system.
The Plan also reflects the Department's focus on protecting the
nation's environment and furthering our energy independence. NHTSA's
proposed CAFE standards for 2012-2016 --a joint effort with the
Environmental Protection Agency--is a milestone in that effort. This
same focus is reflected in NHTSA's proposed rulemaking on tire fuel
efficiency.
The Plan also contains a rulemaking designed to safeguard the interests
of consumers flying the nation's skies by imposing limits on tarmac
delays and chronically delayed flights.
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 the Office of the Secretary of Transportation
(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 the modal initiatives, and is charged
with 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 legislation
does not impose unreasonable mandates.
An important initiative of the Department has been to conduct high
quality rulemakings in a timely manner and to reduce the number of old
rulemakings. To implement this, the following actions have been
required: (1) Regular meetings of senior DOT officials to ensure
effective policy leadership and timely decisions, (2) better tracking
and coordination of rulemakings, (3) regular reporting, (4) early
briefings of interested officials, (5) better training of staff, and
(6) necessary resource allocations. The Department has achieved
significant success as a result of this initiative. This is allowing
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
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final rulemaking; the use of regulatory negotiation; an expanded
internet page that provides important regulatory information, including
``effects'' report and status reports (https://regs.dot.gov/); and
consideration of the use of internet blogs to 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,
the Department's regulatory policies and procedures, and Executive
Order 12866. This includes determining whether the rules would be more
understandable if they are 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.
Education and Outreach
The Department is committed to ensuring that the Administration's
priorities related to transportation safety remain a paramount focus of
its operation and has planned or initiated a variety of safety
initiatives, summits and forums, throughout the country, that bring
together senior transportation officials, elected officials, safety
advocates, law enforcement representatives, private sector
representatives and academics. Departmental initiatives include some of
the following:
Distracted Driving Summit - this Summit brought together
senior transportation officials, elected officials, safety
advocates, law enforcement representatives, private sector
representatives and academics to address a range of issues
related to reducing accidents through rulemaking and
enforcement, public awareness, and education. Authoritative
speakers from around the nation led interactive panel
discussions on a number of key topics including the extent
and impact of distracted driving, current research,
regulations, and best practices. Participants also examined
distractions caused by current and planned automotive
devices, such as navigational systems.
Motorcoach Safety Action Plan - DOT agencies with
responsibility for motorcoach safety will develop an
integrated Motorcoach Safety Action Plan. The agencies will
take a fresh look at motorcoach safety issues, identify
actions to address outstanding safety problems, and develop
an aggressive multi-modal schedule to implement those
actions. The Department expects this strategy to result in
a reduction in the number of motorcoach crashes and
fatalities and injuries resulting from those crashes. Based
on analysis of the available safety data, the Department
assessed causes and contributing factors for motorcoach
crashes, fatalities and injuries, and identified
opportunities to enhance motorcoach safety. The plan would
provide an integrated strategy addressing a wide range of
issues including driver errors resulting from fatigue,
distraction, medical condition, and experience; crash
avoidance technologies; vehicle maintenance and safety;
carrier compliance; and measures to protect occupants in
the event of a crash, such as seat belts, enhanced vehicle
roof strength, fire safety, and emergency egress.
Safety Performance Functions Summits - these summits provide a
platform for the exchange of information among a group of
stakeholders on the development and application of safety
models (called ``safety performance functions'') for
identifying highway locations that present the greatest
potential for safety improvement and for evaluating the
effectiveness of safety projects. The Federal Highway
Administration, thirty States, the American Association of
State Highway Transportation Officials (AASHTO), the
Transportation Research Board, and academia were
represented at the summit. From the summit, a set of
actions were developed to support the wider deployment of
the safety performance functions that serve as underlying
foundation for new analysis tools being delivered to the
highway safety community. These summits are being held
throughout the country from January - December 2009.
Towards Zero Fatalities: A Vision for Highway Safety - the
objective is to begin framing the strategic issues that
would need to be addressed to move the nation ``Toward Zero
Fatalities.'' FHWA has a contract with AASHTO to hold a
broad-based safety meeting in the spring of 2010. The
meeting is intended to attract safety professionals from
all across the nation and will provide us with a valuable
opportunity to connect with stakeholders, solicit their
input, and discuss the Department's safety initiatives.
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 Executive Order 12866 and other legal and policy
requirements affecting rulemaking, including new statutes and Executive
Orders. 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 those
affecting the various elements of the Department.
OST provides guidance and training regarding compliance with regulatory
requirements and process for use by personnel throughout the
Department. OST also plays an instrumental role in the Department's
efforts to improve our economic analyses; risk assessments; regulatory
flexibility analyses; other
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related analyses; and data quality, including peer reviews.
OST also leads and coordinates the Department's response to
Administration and congressional proposals that concern the regulatory
process. The General Counsel's Office works closely with
representatives of other agencies, the Office of Management and Budget,
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 2010, OST will continue to focus its efforts on
enhancing airline passenger protections by requiring carriers to adopt
various consumer service practices (2105-AB92).
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.
Activities that may lead to rulemaking 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 decision making, 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. 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.
FAA top regulatory priorities for 2009-2010 include:
Automatic Dependent Surveillance - Broadcast (ADS-B) Out
equipment (2120-AI92)
Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers (2120-AJ00)
Helicopter Air Ambulance and Commercial Helicopter Safety
Initiatives and Miscellaneous Amendments (2120- AJ53)
Flight and Duty Time Limitations and Rest Requirements (2120-
AJ58)
The ADS-B rulemaking would:
Accommodate the expected increase in demand for air
transportation over the long run, as described in the Next
Generation Air Transportation System Integrated Plan;
Provide the Federal Aviation Administration with a
comprehensive surveillance system that safely and
efficiently accommodates the anticipated increase in
operations; and
Provide a platform for additional flight applications and
services in the future.
The Crewmember and Aircraft Dispatcher Training rulemaking would:
Reduce human error and improve performance among flight
crewmembers, flight attendants, and aircraft dispatchers;
Enhance traditional training programs by requiring the use of
flight simulation training devices for flight crewmembers;
and
Include additional training requirements in areas critical to
safety.
The Air Ambulance and Commercial Helicopter rulemaking would:
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:
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.
[[Page 64286]]
FHWA continues to address a number of rules required by the Safe,
Accountable, Flexible, and Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU). The remaining congressionally directed
rulemakings resulting from this act include: Express Lane Demonstration
Project (2125-AF07) and Real-Time System Management Information Program
(2125-AF19). These rulemakings are the FHWA's top regulatory
priorities. 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, 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. Developing new and more effective safety regulations is key to
increasing safety on our Nation's highways. FMCSA regulations establish
standards for motor carriers, drivers, vehicles, and State agencies
receiving certain motor carrier safety grants and issuing commercial
drivers' licenses.
FMCSA continues to develop regulations both mandated by Congress and
initiated by the Agency to increase safety. FMCSA continues to address
a significant number of rules required by its most recent
reauthorization legislation, Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Agency
is committed to promulgating the SAFETEA-LU mandated rules while
continuing to make progress on a large and challenging rulemaking
agenda.
FMCSA continues its work on the Comprehensive Safety Analysis 2010 (CSA
2010). The CSA 2010 initiative will improve the way FMCSA conducts
compliance and enforcement operations over the coming years. CSA 2010's
goal is to improve large truck and bus safety by assessing a wider
range of safety performance data of a larger segment of the motor
carrier industry through an array of progressive compliance
interventions. FMCSA is targeting 2010 for deployment of this new
operational model. The Agency anticipates that the impacts of CSA 2010
and its associated rulemakings, which includes the Carrier Safety
Fitness Determination (RIN 2126-AB11) rulemaking, will contribute
further to the Agency's overall goal of decreasing CMV-related
fatalities and injuries.
A major undertaking by FMCSA in FY2010 will be to begin a new
rulemaking on Hours of Service as the result of a settlement agreement
reached on October 26, 2009. Under terms of the settlement, FMCSA must
submit a draft notice of proposed rulemaking to the Office of
Management and Budget within nine months.
FMCSA's Regulatory Plan for FY2010 includes completion of a number of
final and proposed rules 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) Restrictions on the use of
wireless communication devices (RIN 2126-AB22) (2) Carrier Safety
Fitness Determination (RIN 2126-AB11), (3) National Registry of
Certified Medical Examiners (RIN 2126-AA97), and (4) Commercial
Driver's License Testing and Commercial Learner's Permit Standard (RIN
2126-AB02).
Together these priority rules will 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 restrictions on the use of wireless
communication devices rulemaking would ban text messaging and restrict
the use of cell phones while operating a commercial motor vehicle. The
Commercial Driver's License Testing and Learner's Permit rulemaking
would revise commercial driver's license testing and require new
minimum Federal standards for States to issue commercial learner's
permits. The National Registry of Certified Medical Examiners
rulemaking would establish training and testing requirements for
healthcare professionals who issue medical certificates to truck and
bus 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 (NHTSA)
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 area of
occupant protection in rollover events, and will propose new
performance standards to reduce complete and partial ejections of
vehicle occupants from outboard seating positions in fiscal year 2010.
NHTSA will propose amending Federal Motor Vehicle Safety Standard No.
111, Rearview Mirrors, to reduce deaths and injuries resulting from
backing accidents, in accordance with the Cameron Gultransen Kids
Transportaion Safety Act of 2007. NHTSA will also publish a notice of
proposed rulemaking to require the installation of lap/shoulder belts
in newly-manufactured motorcoaches in accordance with NHTSA's 2007
Motorcoach Safety Plan and DOT's Departmental Motorcoach Safety Action
Plan.
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 a final rule setting corporate average
fuel economy (CAFE) standards for Model Years 2012-2016 for both cars
and light trucks. NHTSA will also publish a final rule regarding tire
fuel efficiency consumer information.
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
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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 the adoption
of alcohol screening and brief intervention by medical and health care
professionals. Other behavioral efforts include: encouraging child
safety-seat use; combating excessive speed and aggressive driving;
improving motorcycle, bicycle, and pedestrian safety; and providing
consumer information to the public.
Federal Railroad Administration (FRA)
The Federal Railroad Administration (FRA) exercises regulatory
authority over all areas of railroad safety and, where feasible,
incorporates flexible performance standards. In order to foster an
environment for collaborative rulemaking, the FRA established the
Railroad Safety Advisory Committee (RSAC). The purpose of the RSAC is
to develop consensus recommendations for regulatory action on issues
brought before it by the FRA. When consensus is achieved, and the FRA
believes the recommendation serves the public's interest, the resulting
rule, having been developed in a more transparent manner, is very
likely to be better understood, more widely accepted, more cost-
beneficial, and more correctly applied. In situations, where consensus
cannot be achieved, the FRA fulfills its regulatory role without the
benefit of the RSAC's recommendations.
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 the short deadlines imposed by
Congress. 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 their
statutory deadlines. Revised timelines for completion of unfinished
regulations will be forwarded to Congress for consideration. Through
the RSAC, FRA is working to complete RSIA08 actions that include
finalizing a Positive Train Control regulation, developing requirements
for Train Conductor Certification, and determining hours of service for
employees of intercity and commuter passenger rail service. RSAC-
supported actions that advance high-speed passenger rail include
proposed revisions to the Track Safety Standards dealing with vehicle-
track interaction.
Federal Transit Administration (FTA)
FTA helps communities support public transportation by issuing grants
to eligible recipients for public transportation purposes, including
planning, vehicle purchases, facility construction, operations, and
other transit-related purposes. FTA regulatory activity focuses on
establishing the terms and conditions that attach to Federal financial
assistance available under Federal transit laws. FTA policy regarding
regulations is to:
implement statutes that provide the maximum benefit to our
nation's mobility and connectivity;
provide local flexibility and discretion;
ensure the most productive use of limited Federal resources;
protect taxpayer investments in public transportation assets;
incorporate good management principles into the grant
management process; and
provide transparency.
As public transportation needs have changed over the years, so have the
requirements for Federal financial assistance under the Federal transit
laws and related statutes. As a result of the next authorization
statutes, FTA expects to conduct a number of substantive rulemakings. A
few rulemakings are likely to be mandated by statute, and others are
likely necessary to amend current regulations to make them consistent
with the next authorization statutes. FTA's regulatory priorities for
the coming year will be reflective of the directives and programmatic
priorities established by the authorization statutes, including,
notably, FTA's School Bus regulation, New Starts regulation, and State
Safety Oversight regulation. FTA also anticipates revising its Project
Management Oversight regulation.
Maritime Administration (MARAD)
The Maritime Administration (MARAD) administers Federal laws and
programs designed to promote and maintain a U.S. merchant marine
capable of meeting the Nation's shipping needs for both national
security and domestic and foreign commerce.
MARAD administers the Deepwater Port Act of 1974, as amended (DWPA, 33
U.S.C. Sec. 1501 et seq.), which established a licensing system for
ownership, construction, and operation of oil and natural gas deepwater
port (DWP) structures located seaward of U.S. territorial waters. The
DWPA authorizes the Secretary of Transportation, and by delegation the
Maritime Administration, to issue licenses for deepwater ports.
By its delegated authority, MARAD is responsible for determining the
financial capability of potential licensees, rendering citizenship
determinations for ownership, and securing operational and
decommissioning guarantees for deepwater port projects. In concert with
the U.S. Coast Guard (USCG) and other cooperating Federal agencies,
MARAD prepares a Record of Decision (ROD) for each application. Through
the administration of the DWPA, the Maritime Administration plays a
vital role in meeting Presidential energy directives, protecting the
environment, building local economies, and improving mobility, safety,
and security in our Nation's oceans and ports.
MARAD's other regulatory objectives and priorities reflect the Agency's
responsibility of ensuring the availability of adequate and efficient
water transportation services for American shippers and consumers. To
advance these objectives, MARAD issues regulations, which are
principally administrative and interpretive in nature.
Before the end of 2009, the Agency will issue a final rule regarding
the America's Marine Highway program that is in response to the
enactment of the Energy Independence and Security Act of 2007 (PL. 110-
140). The ACT directs the Secretary of Transportation to establish a
short sea transportation program and designate short sea transportation
projects to mitigate landside congestion. Finally, during FY 2010,
MARAD will focus on revising its cargo preference regulations.
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
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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 use data to focus
our efforts on the prevention of high-risk incidents, particularly
those of high consequence to people and the environment. 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, including those posed by the air transportation
of hazardous materials and bulk transportation of high hazard materials
(2137-AE32). To enhance aviation safety, PHMSA and FAA are seeking to
identify cost-effective solutions that can be implemented to reduce
incident rates and potentially detrimental consequences without placing
unnecessary burdens on the regulated community. To this end, PHMSA and
FAA are developing regulatory revisions to enhance the safe
transportation of lithium batteries on board aircraft (2137-AE44). In
addition, PHMSA is working with FAA to assess safety risks associated
with the transportation by aircraft of hazardous materials in non-bulk
packagings. To address the risks posed by the bulk transportation of
high-risk hazardous materials, PHMSA is considering the development of
enhanced safety measures governing bulk loading and unloading
operations (2137-AE37).
PHMSA will continue to look for ways to reduce the regulatory burden on
hazardous materials shippers and carriers, consistent with our overall
safety goals. For example, PHMSA is conducting a comprehensive review
of special permits to identify those with demonstrated safety records
that should be adopted as regulations of general applicability (2137-
AE39). We will continue to review regulatory standards to ensure they
are necessary, easy to understand, contemporary, and enforceable.
In the fall of 2009, PHMSA will complete its integrity management
initiative by finalizing risk-based integrity management regulations
applicable to gas distribution pipelines.
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;
Education and training in transportation and transportation-
related fields; and
Managing the activities of the John A. Volpe National
Transportation Systems Center.
Through its Bureau of Transportation Statistics, Office of Airline
Information, RITA collects, compiles, analyzes, and makes accessible
information on the Nation's air transportation system. RITA collects
airline financial, traffic, and operating statistical data, including
on-time flight performance data. 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.
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 decision makers; and to provide safety regulation
implementation and enforcement training.
[[Page 64289]]
QUANTIFIABLE COSTS AND BENEFITS OF RULEMAKINGS
ON THE 2009-2010 DOT REGULATORY PLAN
This chart does not account for non-quantifiable benefits, which are
often substantial
----------------------------------------------------------------------------------------------------------------
Quantifiable Quantifiable
Agency/RIN Number Costs Benefits
Title Stage Discounted 2007 Discounted 2007
$ (Millions) $ (Millions)
----------------------------------------------------------------------------------------------------------------
OST
----------------------------------------------------------------------------------------------------------------
2105-AD72 Enhancing Airline Passenger FR 02/10 5.6 14.1
Protections
----------------------------------------------------------------------------------------------------------------
2105-AD92 Enhancing Airline Passenger NPRM 06/10 TBD TBD
Protections -- Part 2
----------------------------------------------------------------------------------------------------------------
Total for OST 5.6 14.1
----------------------------------------------------------------------------------------------------------------
FAA
----------------------------------------------------------------------------------------------------------------
2120-AI92 Automatic Dependent Surveillance - FR 04/10 1,600 1,000
Broadcast (ADS-B) Out equipment
----------------------------------------------------------------------------------------------------------------
2120-AJ00 Qualification, Service, and Use of SNPRM 04/10 TBD TBD
Crewmembers and Aircraft Dispatchers
----------------------------------------------------------------------------------------------------------------
2120-AJ53 Helicopter Air Ambulance and NPRM 06/10 TBD TBD
Commercial Helicopter Safety
Initiatives and Miscellaneous
Amendments
----------------------------------------------------------------------------------------------------------------
2120-AJ58 Flight and Duty Time Limitations and NPRM 12/09 TBD TBD
Rest Requirements
----------------------------------------------------------------------------------------------------------------
Total for FAA 1,600 1,000
----------------------------------------------------------------------------------------------------------------
FMCSA
----------------------------------------------------------------------------------------------------------------
2126-AA97 National Registry of Certified NPRM 05/10 587 1,034
Medical Examiners
----------------------------------------------------------------------------------------------------------------
2126-AB02 Commercial Driver's Licenses and FR 04/10 65 231
Learner's Permit
----------------------------------------------------------------------------------------------------------------
2126-AB11 Carrier Safety Fitness Determination NPRM 01/10 TBD TBD
----------------------------------------------------------------------------------------------------------------
2126-AB22 Drivers of Commercial Motor Vehicles: NPRM 09/10 TBD TBD
Limiting the Use of Wireless
Communication Devices
----------------------------------------------------------------------------------------------------------------
Total for FMCSA 652 1,265
----------------------------------------------------------------------------------------------------------------
NHTSA
----------------------------------------------------------------------------------------------------------------
2127-AK23 Ejection Mitigation NPRM 12/09 583 1,158
----------------------------------------------------------------------------------------------------------------
2127-AK43 Federal Motor Vehicles Safety NPRM 04/10 TBD TBD
Standard No. 111, Rearview Mirrors
----------------------------------------------------------------------------------------------------------------
2127-AK45 Tire Fuel Efficiency FR 12/09 51 202
----------------------------------------------------------------------------------------------------------------
2127-AK50 CAFE 2012-2016 FR 04/10 60,157 201,676
----------------------------------------------------------------------------------------------------------------
2127-AK56 Motorcoach Occupant Crash Protection NPRM 03/10 25.8 107.7
----------------------------------------------------------------------------------------------------------------
Total for NHTSA 60,817 203,144
----------------------------------------------------------------------------------------------------------------
FRA
----------------------------------------------------------------------------------------------------------------
2130-AC03Positive Train Control FR 01/10 9,575 584
----------------------------------------------------------------------------------------------------------------
Total for FRA 9,575 584
----------------------------------------------------------------------------------------------------------------
PHMSA
----------------------------------------------------------------------------------------------------------------
2137-AE15 Pipeline Safety: Distribution FR 11/09 1,484 2,691
Integrity Management
----------------------------------------------------------------------------------------------------------------
Total for PHMSA 1,484 2,691
----------------------------------------------------------------------------------------------------------------
[[Page 64290]]
----------------------------------------------------------------------------------------------------------------
Quantifiable Quantifiable
Agency/RIN Number Costs Benefits
Title Stage Discounted 2007 Discounted 2007
$ (Millions) $ (Millions)
----------------------------------------------------------------------------------------------------------------
MARAD
----------------------------------------------------------------------------------------------------------------
2133-AB74 Regulations To Be Followed by All NPRM 09/10 TBD TBD
Departments, Agencies and Shippers
Having Responsibility To Provide a
Preference for U.S.-Flag Vessels in
the Shipment of Cargoes on Ocean
Vessels
----------------------------------------------------------------------------------------------------------------
2133-AB75 Cargo Preference -- Compromise, NPRM 03/10 TBD TBD
Assessment, Mitigation, Settlement &
Collection of Civil Penalties
----------------------------------------------------------------------------------------------------------------
Total for MARAD 0 0
----------------------------------------------------------------------------------------------------------------
TOTAL FOR DOT 74,133.6 208,698.1
----------------------------------------------------------------------------------------------------------------
Notes:
Estimated values are shown after rounding to the nearest $1 million and represent discounted present values
assuming a discount rate of 7 percent.
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
$5.8 million. That economic value is included as part of the benefits estimates shown in the chart. As noted
above, we have made no effort to include the non-quantifiable benefits.
_______________________________________________________________________
DOT--Office of the Secretary (OST)
-----------
PROPOSED RULE STAGE
-----------
111. [rplus]ENHANCING AIRLINE PASSENGER PROTECTIONS -- PART 2
Priority:
Other Significant
Legal Authority:
49 USC 41712; 49 USC 40101(a)(4); 49 USC 40101(a)(9); 49 USC 41702
CFR Citation:
Not Yet Determined
Legal Deadline:
None
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.
Statement of Need:
This rule is needed to improve the air travel environment for
passengers.
Summary of Legal Basis:
The Department has authority and responsibility under 49 USC 41712 in
concert with 49 USC 40101(a)(4) and 40101(a)(9) and 49 USC 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.
Anticipated Cost and Benefits:
To be determined
Risks:
The risk of not taking regulatory action would be a continuation of the
dissatisfaction and frustration passengers have with the air travel
environment.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 01/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
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
Email: blane.workie@dot.gov
RIN: 2105-AD92
_______________________________________________________________________
DOT--OST
-----------
FINAL RULE STAGE
-----------
112. [rplus]ENHANCING AIRLINE PASSENGER PROTECTIONS
Priority:
Other Significant
Legal Authority:
49 USC 329
CFR Citation:
14 CFR 234; 14 CFR 399
Legal Deadline:
None
Abstract:
This rulemaking would propose to enhance airline passenger protections
in the following ways: (1) require carriers to adopt contingency plans
for lengthy tarmac delays and to incorporate these plans in their
contracts of carriage, (2) require carriers
[[Page 64291]]
to respond to consumer problems, (3) declare the operation of flights
that remain chronically delayed to be an unfair and deceptive practice
and an unfair method of competition, (4) require carriers to publish
delay data on their web sites, and (5) require carriers to adopt
customer service plans, incorporate these in their contracts of
carriage, and audit their adherence to their plans.
Statement of Need:
This rule is needed to provide consumers with more information and
protections to minimize the adverse consequences of air travel delays
and cancellations. The Department's Office of the Inspector General has
recommended that the Department take specific action to improve the air
travel environment for passengers and Congress has proposed legislation
to improve airline passenger protections.
Summary of Legal Basis:
The Department has authority and responsibility under 49 USC 41712, in
concert with 49 USC 40101(a)(4) and 40101(a)(9) and 49 USC 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 to address
the increasing number of passengers who are dissatisfied with airline
service as a result of recent marathon tarmac waits and the epidemic of
flight delays, and to rely on the airlines to regulate themselves.
Anticipated Cost and Benefits:
The rule is estimated to cost $5.6 million and result in benefits of
$14.1 million per year (at a 7 percent discount rate).
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
_______________________________________________________________________
ANPRM 11/20/07 72 FR 65233
ANPRM Comment Period End 01/22/08
Clarification Concerning
ANPRM 03/05/08 73 FR 11843
NPRM 12/08/08 73 FR 74586
NPRM Comment Period End 02/06/09
NPRM Comment Period
Extended 02/06/09 74 FR 6249
NPRM Extended Comment
Period End 03/09/09
Final Rule 02/00/10
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
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
Email: blane.workie@dot.gov
RIN: 2105-AD72
_______________________________________________________________________
DOT--Federal Aviation Administration (FAA)
-----------
PROPOSED RULE STAGE
-----------
113. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT
DISPATCHERS
Priority:
Other Significant
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
CFR Citation:
14 CFR 119; 14 CFR 121; 14 CFR 135; 14 CFR 142; 14 CFR 65
Legal Deadline:
None
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.
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.
Summary of Legal Basis:
The FAA?s authority to issue rules on aviation safety is found in
Title 49 of the United States Code. This rulemaking is promulgated
under the authority described in 49 U.S.C. 44701(a)(5), which requires
the Administrator to promulgate regulations and minimum standards for
other practices, methods, and procedures necessary for safety in air
commerce and national security.
Alternatives:
During the Notice of Proposed Rulemaking (NPRM) phase, the FAA did not
find any significant alternatives in accordance with 5 U.S.C. Sec.
603(d). The FAA will again review alternatives at the final rule phase.
Anticipated Cost and Benefits:
The FAA will develop the costs and benefits of this rulemaking after
reviewing the comments received in response to the NPRM.
Risks:
The FAA will review specific risks associated with this rulemaking.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 01/12/09 74 FR 1280
[[Page 64292]]
Comment Period End 05/12/09
Notice of Public Meeting 03/12/09 74 FR 10689
NPRM Comment Period
Extended 04/20/09 74 FR 17910
Extended Comment Period
End 08/10/09
SNPRM 04/00/10
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
For flight crewmember information contact Edward Cook, for flight
attendant information contact Nancy Lauck Claussen, and for aircraft
dispatcher information contact David Maloy, Air Carrier Training Branch
(AFS-210), Flight Standards Service, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267
8166.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
Edward Cook
Flight Standards Service
Department of Transportation
Federal Aviation Administration
100 Hartsfield Centre Parkway, Suite 400
Atlanta, GA 30354
Phone: 404-832-4700
Email: edward.cook@faa.gov
RIN: 2120-AJ00
_______________________________________________________________________
DOT--FAA
114. [rplus]AIR AMBULANCE AND COMMERCIAL HELICOPTER
OPERATIONS; SAFETY INITIATIVES AND MISCELLANEOUS AMENDMENTS
Priority:
Other Significant
Legal Authority:
49 USC 106(g); 49 USC 40113; 49 USC 41706; 49 USC 44701; 49 USC 44702;
49 USC 44705; 49 USC 44709; 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
CFR Citation:
14 CFR 1; 14 CFR 135
Legal Deadline:
None
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.
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.
Summary of Legal Basis:
This rulemaking is promulgated under the authority described in 49
U.S.C. 44701(a)(4), which requires the Administrator to promulgate
regulations in the interest of safety for the maximum hours or periods
of service of airmen and other employees of air carriers, and 49 U.S.C.
44701(a)(5), which requires the Administrator to promulgate regulations
and minimum standards for other practices, methods, and procedures
necessary for safety in air commerce and national security.
Alternatives:
The FAA is currently reviewing alternatives to rulemaking.
Anticipated Cost 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,
