[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64283-64303]
From the Federal Register Online via the Government Publishing 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 (http://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.
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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 (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, at
their core, air transportation. Accordingly, the FAA has the
responsibility for ensuring the safety of these operations.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/00/10
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
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
115. [rplus]FLIGHT AND DUTY TIME LIMITATIONS AND REST
REQUIREMENTS
Priority:
Economically Significant. Major under 5 USC 801.
[[Page 64293]]
Legal Authority:
49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 41706; 49 USC 44101;
49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC 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:
14 CFR 121; 14 CFR 135
Legal Deadline:
None
Abstract:
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.
Statement of Need:
The FAA recognizes that the effects of pilot fatigue are universal, and
the profiles of different types of operations are similar enough that
the same fatigue mitigations should be applied across all types of
operations.
In June 2009, the FAA established the Flight and Duty Time Limitations
and Rest Requirements Aviation Rulemaking Committee (ARC) whose
membership includes labor, industry, and FAA representatives. The ARC
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:
-- An approach to fatigue that consolidates and replaces existing
regulatory requirements;
-- Current fatigue science, data, and information;
-- How current international standards address fatigue; and
-- The use of Fatigue Risk Management Systems.
Based on ARC recommendations, the FAA 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.
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:
The FAA is currently reviewing alternatives to rulemaking.
Anticipated Cost and Benefits:
The proposed rule is designated as ``significant regulatory action'' as
designated in section 3(f) of Executive Order 12866. In addition, the
proposed rule would have a significant economic impact on a substantial
number of small entities. Quantifiable costs and benefits to be
determined.
Risks:
The FAA will review specific risks associated with this rulemaking.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 12/00/09
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses, Organizations
Government Levels Affected:
None
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
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
_______________________________________________________________________
DOT--FAA
-----------
FINAL RULE STAGE
-----------
116. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE -- BROADCAST (ADS-B)
EQUIPAGE MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE
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 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
CFR Citation:
14 CFR 91
Legal Deadline:
None
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
[[Page 64294]]
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.
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
optimal tracks for ATC arrival planning.
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 FR Cite
_______________________________________________________________________
NPRM 10/05/07 72 FR 56947
NPRM Comment Period End 11/19/07
NPRM Comment Period
Extended 01/03/08
Comment Period End 03/03/08
Reopened for Comments on
ARAC Recommendation 10/02/08 73 FR 57270
Comment Period End 11/03/08
Final Rule 04/00/10
Regulatory Flexibility Analysis Required:
Yes
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
_______________________________________________________________________
DOT--Federal Motor Carrier Safety Administration (FMCSA)
-----------
PROPOSED RULE STAGE
-----------
117. [rplus]CARRIER SAFETY FITNESS DETERMINATION
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
Legal Deadline:
None
Abstract:
This rulemaking would revise 49 CFR part 385, Safety Fitness
Procedures, in accordance with the Agency's major new initiative,
Comprehensive Safety Analysis (CSA) 2010. CSA 2010 is a new operational
model FMCSA plans to implement that is designed to help the Agency
carry out its compliance and enforcement programs more efficiently and
effectively. Currently, the safety fitness rating of a motor carrier is
determined based on the results of a very labor intensive compliance
review conducted at the carrier's place of business. Aside from
roadside inspections and new audits, the compliance review is the
Agency's primary intervention. Under CSA 2010, FMCSA would propose to
implement a broader array of progressive interventions, some of which
allow FMCSA to make contact with more carriers. Through this rulemaking
FMCSA would establish safety fitness determinations based on safety
data consisting of crashes, inspections, and violation history rather
than the 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
[[Page 64295]]
process is based exclusively on the results of an on site compliance
review, the great majority of carriers subject to FMCSA jurisdiction do
not receive a timely determination of their safety fitness.
The proposed methodology for determining motor carrier safety fitness
should correct the deficiencies of the current process. In correcting
these deficiencies, FMCSA has made a concerted effort to develop a
``transparent'' method for the SFD that would allow each motor carrier
to understand fully how FMCSA established that carrier's specific SFD.
Summary of Legal Basis:
This rule is based primarily on the authority of 49 U.S.C. 31144, which
directs the Secretary of Transportation to ``determine whether an owner
or operator is fit to operate a commercial motor vehicle'' and to
``maintain by regulation a procedure for determining the safety fitness
of an owner or operator.'' This statute was first enacted as part of
the Motor Carrier Safety Act of 1984, Sec. 215, Pub. L. 98-554, 98
Stat. 2844 (Oct. 30, 1984).
The proposed rule also relies on the provisions of 49 U.S.C. 31133,
which gives the Secretary ``broad administrative powers to assist in
the implementation'' of the provisions of the Motor Carrier Safety Act
now found in chapter 311 of Title 49, U.S.C. These powers include,
among others, authority to conduct inspections and investigations,
compile statistics, require production of records and property,
prescribe recordkeeping and reporting requirements and to perform other
acts considered appropriate. These powers are used to obtain the data
used by the Safety Management System and by the proposed new
methodology for safety fitness determinations.
Under 49 CFR 1.73(g), the Secretary has delegated the authority to
carry out the functions in subchapters I, III, and IV of chapter 311,
title 49, U.S.C., to the FMCSA Administrator. Sections 31133 and 31144
are part of subchapter III of chapter 311.
Alternatives:
The Agency has been considering only two alternatives: the no-action
alternative and the proposal.
Anticipated Cost and Benefits:
FMCSA has not yet fully assessed the costs and benefits at this time.
Risks:
FMCSA has not yet fully assessed the risks that might be associated
with this activity.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 03/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
David Miller
Regulatory Development Division
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366-5370
Email: fmcsaregs@dot.gov
RIN: 2126-AB11
_______________________________________________________________________
DOT--FMCSA
118. [rplus]DRIVERS OF COMMERCIAL MOTOR VEHICLES: LIMITING THE
USE OF WIRELESS COMMUNICATION DEVICES
Priority:
Other Significant
Legal Authority:
49 USC 31136; 49 USC 31502
CFR Citation:
49 CFR 367
Legal Deadline:
None
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 Wanted List'' of safety recommendations.
Statement of Need:
TBD
Summary of Legal Basis:
TBD
Alternatives:
TBD
Anticipated Cost and Benefits:
FMCSA has not fully assessed the costs and benefits that might be
associated with this activity.
Risks:
FMCSA has not fully assessed the risk that might be associated with
this activity.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/00/10
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
URL For More Information:
regs.dot.gov
URL For Public Comments:
regs.dot.gov
Agency Contact:
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
RIN: 2126-AB22
_______________________________________________________________________
DOT--FMCSA
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FINAL RULE STAGE
-----------
119. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS
Priority:
Other Significant. Major under 5 USC 801.
[[Page 64296]]
Unfunded Mandates:
This action may affect the private sector under PL 104-4.
Legal Authority:
PL 109-59 (2005), sec 4116
CFR Citation:
49 CFR 390; 49 CFR 391
Legal Deadline:
Final, Statutory, August 10, 2006, Final Rule.
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 consistently,
thereby decreasing the likelihood that a medically unqualified driver
may obtain a medical certificate.
Summary of Legal Basis:
The fundamental legal basis for the NRCME program comes from 49 U.S.C.
31149(d), which requires FMCSA to establish and maintain a current
national registry of medical examiners that are qualified to perform
examinations of CMV drivers and to issue medical certificates. FMCSA is
required to remove from the registry any medical examiner who fails to
meet or maintain qualifications established by FMCSA. In addition, in
developing its regulations, FMCSA must consider both the effect of
driver health on the safety of CMV operations and the effect of such
operations on driver health, 49 U.S.C. 31136(a).
Alternatives:
The rulemaking is statutorily mandated. Thus, the Agency must establish
the National Registry.
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 FR Cite
_______________________________________________________________________
NPRM 12/01/08 73 FR 73129
NPRM Comment Period End 01/30/09
Final Rule 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
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. [rplus]COMMERCIAL 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,
[[Page 64297]]
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 pre-condition 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 99-
570, 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 109-347, 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).
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:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 04/09/08 73 FR 19282
NPRM Comment Period
Extended 06/09/08 73 FR 32520
NPRM Comment Period End 06/09/08
Second NPRM Comment
Period End 07/09/08
Final Rule 04/00/10
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)
-----------
PROPOSED RULE STAGE
-----------
121. [rplus]EJECTION 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
Legal Deadline:
Final, Statutory, October 1, 2009, Final Rule. Extended via Letter to
Congress to January 31, 2011.
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.). Sixty-seven 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.
[[Page 64298]]
Alternatives:
The agency is not pursuing any alternatives to reduce side window
ejections of light vehicle occupants other than establishing FMVSS No.
226.
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 FR Cite
_______________________________________________________________________
NPRM 12/00/09
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
URL For Public Comments:
www.regulations.gov
Agency Contact:
Louis Molino
Safety Standards Engineer
Department of Transportation
National Highway Traffic Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366-1833
Fax: 202 366-4329
Email: louis.molino@dot.gov
RIN: 2127-AK23
_______________________________________________________________________
DOT--NHTSA
122. [rplus]FEDERAL 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
CFR Citation:
49 CFR 571.111
Legal Deadline:
Other, Statutory, February 28, 2009, Initiate Rulemaking.
Final, Statutory, February 28, 2011, Publish Final Rule.
Abstract:
This rulemaking would amend Federal Motor Vehicle Standard No. 111,
Rearview Mirrors, to reflect requirements contained in the Cameron
Gulbransen Kids Transportation Safety Act of 2007. The Act requires
that NHTSA expand the required field of view to enable the driver of a
motor vehicle to detect areas behind the motor vehicle to reduce death
and injury resulting from backing incidents, particularly incidents
involving small children and disabled persons. According to the Act,
such a standard may be met by the provision of additional mirrors,
sensors, cameras, or other technology to expand the driver's field of
view.
Statement of Need:
Vehicles that are backing up have a potential to create a danger to
pedestrians and pedicyclists. NHTSA estimates that backover crashes
involving light vehicles account for an estimated 228 fatalities and
17,000 injuries annually. In analyzing the data further, we found that
many of these incidents occur off public roadways, in areas such as
driveways and parking lots and that they involve parents (or
caregivers) accidentally backing over children. We have also found that
children represent approximately 44 percent of the fatalities, which we
believe to be unique to this safety problem.
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:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
ANPRM 03/04/09 74 FR 9477
ANPRM Comment Period End 05/04/09
NPRM 04/00/10
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
URL For Public Comments:
www.regulations.gov
Agency Contact:
David Hines
General Engineer Office of Crash Avoidance Standards
Department of Transportation
National Highway Traffic Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202 366-2720
Email: dhines@nhtsa.dot.gov
RIN: 2127-AK43
[[Page 64299]]
_______________________________________________________________________
DOT--NHTSA
123. [rplus]REQUIRE 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
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.
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.
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 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 FR Cite
_______________________________________________________________________
NPRM 03/00/10
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
URL For Public Comments:
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
-----------
FINAL RULE STAGE
-----------
124. [rplus]TIRE FUEL EFFICIENCY CONSUMER INFORMATION
Priority:
Other Significant
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:
The agency is not pursuing any alternatives.
Anticipated Cost and Benefits:
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
[[Page 64300]]
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 7.9-78 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:
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.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/22/09 74 FR 29541
NPRM Comment Period End 08/21/09
Final Action 12/00/09
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
URL For Public Comments:
www.regulations.gov
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
_______________________________________________________________________
DOT--NHTSA
125. [rplus]PASSENGER CAR AND LIGHT TRUCK CORPORATE AVERAGE
FUEL ECONOMY STANDARDS MYS 2012-2016
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 32902; delegation of authority at 49 CFR 1.50
CFR Citation:
49 CFR 533
Legal Deadline:
Final, Statutory, April 1, 2010, Final rule for Model Year 2012.
Abstract:
This joint NHTSA/EPA rulemaking would establish a National Program
consisting of new standards for light-duty 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
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.
Statement of Need:
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.
Summary of Legal Basis:
Section 32910(d) of Title 49 of the United States Code provides that
the Administrator may prescribe regulations necessary to carry out his
duties under Chapter 329, Automobile fuel economy.
Alternatives:
The agency is not pursuing any alternatives.
Anticipated Cost and Benefits:
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 FR Cite
_______________________________________________________________________
NPRM 09/28/09 74 FR 49454
Notice of Public Hearing 10/06/09 74 FR 51252
NPRM Comment Period End 11/27/09
Final Rule 04/00/10
[[Page 64301]]
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
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126. [rplus]POSITIVE 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
CFR Citation:
49 CFR 236
Legal Deadline:
None
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 and use of the these
systems required under 49 USC 20157 or specifically required by the
Federal Railroad Administration.
Statement of Need:
Required by the Railroad Safety Improvement Act of 2008, Pub. L. 110-
423.
Summary of Legal Basis:
Required by the Railroad Safety Improvement Act of 2008, Pub. L. 110-
423.
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.
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.
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:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 07/21/09 74 FR 35950
NPRM Comment Period End 08/20/09
Final Rule 01/00/10
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Federalism:
Undetermined
URL For More Information:
www.regulations.gov
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)
-----------
FINAL RULE STAGE
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127. [rplus]PIPELINE 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
CFR Citation:
49 CFR 192
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
[[Page 64302]]
(Public Law No. 109-468), requires PHMSA to prescribe minimum standards
for integrity management programs for gas distribution pipelines.
Alternatives:
PHMSA considered the following alternatives:
--No Action: No new requirements would be levied.
--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 prescriptive Federal regulations, specifying in detail,
actions that must be taken to assure distribution pipeline integrity.
--Implement risk-based, flexible, performance-oriented federal
regulations, establishing high-level elements that must be included in
integrity management programs--the alternative selected.
Anticipated Cost and Benefits:
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.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/25/08 73 FR 36015
Extended NPRM Comment
Period End 10/23/08 09/12/08 73 FR 52938
NPRM Comment Period End 09/23/08
Final Rule 12/00/09
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
Docket Nos. PHMSA-04-18938 and PHMSA-04-19854.
URL For More Information:
www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
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
_______________________________________________________________________
DOT--Maritime Administration (MARAD)
-----------
PROPOSED RULE STAGE
-----------
128. [rplus]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
Priority:
Other Significant
Legal Authority:
49 CFR 1.66; 46 App USC 1101; 46 App USC 1241; 46 USC 2302 (e)(1); PL
91-469
CFR Citation:
46 CFR 381
Legal Deadline:
None
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.
Statement of Need:
On September 4, 2009, the USDA, MARAD, and USAID entered into a MOU
regarding the proper implementation of the Cargo Preference Act. The
MOU establishes procedures and standards by which owners and operators
of oceangoing cargo ships may seek to designate each of their vessels
as either a dry bulk carrier or a dry cargo liner, according to
specified service-based criteria. With the help of OMB, these agencies
are in the process of negotiating updates to the comprehensive cargo
preference rule, which has not been significantly changed since 1971.
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:
TBD
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 09/00/10
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
[[Page 64303]]
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-AB37
RIN: 2133-AB74
_______________________________________________________________________
DOT--MARAD
129. [rplus]CARGO 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:
This rulemaking would establish part 383 of the cargo preference
regulations. This rulemaking would cover P.L. 110-417, 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, assessment,
mitigation, settlement, and collection of civil penalties.
Statement of Need:
On September 4, 2009, the USDA, MARAD, and USAID entered into a MOU
regarding the proper implementation of the Cargo Preference Act. The
MOU establishes procedures and standards by which owners and operators
of oceangoing cargo ships may seek to designate each of their vessels
as either a dry bulk carrier or a dry cargo liner, according to
specified service-based criteria. With the help of OMB, these agencies
are 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.
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. P.L 110-417 gave MARAD the authority for assessing civil
penalties and make-up cargoes for non-compliance with the cargo
preference laws.
Alternatives:
TBD
Anticipated Cost and Benefits:
TBD
Risks:
TBD
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 03/00/10
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Undetermined
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
