[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

[[Page 64284]]

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

[[Page 64285]]

related analyses; and data quality, including peer reviews.
OST also leads and coordinates the Department's response to 
Administration and congressional proposals that concern the regulatory 
process. The General Counsel's Office works closely with 
representatives of other agencies, the Office of Management and Budget, 
the White House, and congressional staff to provide information on how 
various proposals would affect the ability of the Department to perform 
its safety, infrastructure, and other missions.
During fiscal year 2010, OST will continue to focus its efforts on 
enhancing airline passenger protections by requiring carriers to adopt 
various consumer service practices (2105-AB92).
OST will also continue its efforts to help coordinate the activities of 
several operating administrations that advance various Departmental 
efforts that support the Administration's initiatives on promoting 
safety, stimulating the economy and creating jobs, sustaining and 
building America's transportation infrastructure, and improving 
livability for the people and communities who use transportation 
systems subject to the Department's policies.
Federal Aviation Administration (FAA)
The Federal Aviation Administration is charged with safely and 
efficiently operating and maintaining the most complex aviation system 
in the world. It is guided by its Flight Plan goals--Increased Safety, 
Greater Capacity, International Leadership, and Organizational 
Excellence. It issues regulations to provide a safe and efficient 
global aviation system for civil aircraft, while being sensitive to not 
imposing undue regulatory burdens and costs on small businesses.
Activities that may lead to rulemaking include:
 Promotion and expansion of safety information sharing efforts, 
            such as FAA-industry partnerships and data-driven safety 
            programs that prioritize and address risks before they lead 
            to accidents. Specifically, FAA will continue implementing 
            Commercial Aviation Safety Team projects related to 
            controlled flight into terrain, loss of control of an 
            aircraft, uncontained engine failures, runway incursions, 
            weather, pilot decision making, and cabin safety. Some of 
            these projects may result in rulemaking and guidance 
            materials.
 Continuing to work cooperatively to harmonize the U.S. 
            aviation regulations with those of other countries, without 
            compromising rigorous safety standards. The differences 
            worldwide in certification standards, practice and 
            procedures, and operating rules must be identified and 
            minimized to reduce the regulatory burden on the 
            international aviation system. The differences between the 
            FAA regulations and the requirements of other nations 
            impose a heavy burden on U.S. aircraft manufacturers and 
            operators. Standardization should help the U.S. aerospace 
            industry remain internationally competitive. The FAA 
            continues to publish regulations based on recommendations 
            of Aviation Rulemaking Committees that are the result of 
            cooperative rulemaking between the U.S. and other 
            countries.
FAA top regulatory priorities for 2009-2010 include:
 Automatic Dependent Surveillance - Broadcast (ADS-B) Out 
            equipment (2120-AI92)
 Qualification, Service, and Use of Crewmembers and Aircraft 
            Dispatchers (2120-AJ00)
 Helicopter Air Ambulance and Commercial Helicopter Safety 
            Initiatives and Miscellaneous Amendments (2120- AJ53)
 Flight and Duty Time Limitations and Rest Requirements (2120-
            AJ58)
The ADS-B rulemaking would:
 Accommodate the expected increase in demand for air 
            transportation over the long run, as described in the Next 
            Generation Air Transportation System Integrated Plan;
 Provide the Federal Aviation Administration with a 
            comprehensive surveillance system that safely and 
            efficiently accommodates the anticipated increase in 
            operations; and
 Provide a platform for additional flight applications and 
            services in the future.
The Crewmember and Aircraft Dispatcher Training rulemaking would:
 Reduce human error and improve performance among flight 
            crewmembers, flight attendants, and aircraft dispatchers;
 Enhance traditional training programs by requiring the use of 
            flight simulation training devices for flight crewmembers; 
            and
 Include additional training requirements in areas critical to 
            safety.
The Air Ambulance and Commercial Helicopter rulemaking would:
 Codify current agency guidance and address National 
            Transportation Safety Board recommendations;
 Provide certificate holders and pilots with tools and 
            procedures that will aid in reducing accidents;
 Require additional equipment on board helicopters or air 
            ambulances; and
 Amend all part 135 commercial helicopter operations 
            regulations to include equipment requirements, pilot 
            training, and alternate airport weather minimums.
The Flight and Duty Time Limitations and Rest Requirements rulemaking 
would:
 Address fatigue mitigation and use existing fatigue science to 
            establish minimum rest periods, flight time limitations, 
            and duty period limits for flight crewmembers;
 Incorporate the use of Fatigue Risk Management Systems as an 
            option to provide operator flexibility for specific 
            operations; and
 Reduce human error attributed to fatigue among flight 
            crewmembers.
Federal Highway Administration (FHWA)
The Federal Highway Administration (FHWA) carries out the Federal 
highway program in partnership with State and local agencies to meet 
the Nation's transportation needs. The FHWA's mission is to improve 
continually the quality and performance of our Nation's highway system 
and its intermodal connectors.
Consistent with this mission, the FHWA will continue:
 With ongoing regulatory initiatives in support of its surface 
            transportation programs;
 To implement legislation in the least burdensome and 
            restrictive way possible; and
 To pursue regulatory reform in areas where project development 
            can be streamlined or accelerated, duplicative requirements 
            can be consolidated, recordkeeping requirements can be 
            reduced or simplified, and the decisionmaking authority of 
            our State and local partners can be increased.

[[Page 64286]]

FHWA continues to address a number of rules required by the Safe, 
Accountable, Flexible, and Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU). The remaining congressionally directed 
rulemakings resulting from this act include: Express Lane Demonstration 
Project (2125-AF07) and Real-Time System Management Information Program 
(2125-AF19). These rulemakings are the FHWA's top regulatory 
priorities. Additionally, the FHWA is in the process of reviewing all 
FHWA regulations to ensure that they are consistent with SAFETEA-LU and 
will update those regulations that are not consistent with this 
legislation
Federal Motor Carrier Safety Administration (FMCSA)
The mission of the Federal Motor Carrier Safety Administration (FMCSA) 
is to reduce crashes, injuries, and fatalities involving commercial 
trucks and buses. A strong regulatory program is a cornerstone of 
FMCSA's compliance and enforcement efforts to advance this safety 
mission. Developing new and more effective safety regulations is key to 
increasing safety on our Nation's highways. FMCSA regulations establish 
standards for motor carriers, drivers, vehicles, and State agencies 
receiving certain motor carrier safety grants and issuing commercial 
drivers' licenses.
FMCSA continues to develop regulations both mandated by Congress and 
initiated by the Agency to increase safety. FMCSA continues to address 
a significant number of rules required by its most recent 
reauthorization legislation, Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Agency 
is committed to promulgating the SAFETEA-LU mandated rules while 
continuing to make progress on a large and challenging rulemaking 
agenda.
FMCSA continues its work on the Comprehensive Safety Analysis 2010 (CSA 
2010). The CSA 2010 initiative will improve the way FMCSA conducts 
compliance and enforcement operations over the coming years. CSA 2010's 
goal is to improve large truck and bus safety by assessing a wider 
range of safety performance data of a larger segment of the motor 
carrier industry through an array of progressive compliance 
interventions. FMCSA is targeting 2010 for deployment of this new 
operational model. The Agency anticipates that the impacts of CSA 2010 
and its associated rulemakings, which includes the Carrier Safety 
Fitness Determination (RIN 2126-AB11) rulemaking, will contribute 
further to the Agency's overall goal of decreasing CMV-related 
fatalities and injuries.
A major undertaking by FMCSA in FY2010 will be to begin a new 
rulemaking on Hours of Service as the result of a settlement agreement 
reached on October 26, 2009. Under terms of the settlement, FMCSA must 
submit a draft notice of proposed rulemaking to the Office of 
Management and Budget within nine months.
FMCSA's Regulatory Plan for FY2010 includes completion of a number of 
final and proposed rules that are high priorities for the Agency 
because they would have a positive impact on safety. Among the 
rulemakings included in the plan are: (1) Restrictions on the use of 
wireless communication devices (RIN 2126-AB22) (2) Carrier Safety 
Fitness Determination (RIN 2126-AB11), (3) National Registry of 
Certified Medical Examiners (RIN 2126-AA97), and (4) Commercial 
Driver's License Testing and Commercial Learner's Permit Standard (RIN 
2126-AB02).
Together these priority rules will help to substantially improve 
commercial motor vehicle (CMV) safety on our Nation's highways by 
improving FMCSA's ability to provide safety oversight of motor carriers 
and drivers. For example, the restrictions on the use of wireless 
communication devices rulemaking would ban text messaging and restrict 
the use of cell phones while operating a commercial motor vehicle. The 
Commercial Driver's License Testing and Learner's Permit rulemaking 
would revise commercial driver's license testing and require new 
minimum Federal standards for States to issue commercial learner's 
permits. The National Registry of Certified Medical Examiners 
rulemaking would establish training and testing requirements for 
healthcare professionals who issue medical certificates to truck and 
bus drivers.
In order to manage its rulemaking agenda, FMCSA continues to involve 
senior agency leaders at the earliest stages of its rulemakings, and 
continues to refine its regulatory development process. The Agency also 
holds senior executives accountable for meeting deadlines for 
completing rulemakings.
National Highway Traffic Safety Administration (NHTSA)
The statutory responsibilities of the National Highway Traffic Safety 
Administration (NHTSA) relating to motor vehicles include reducing the 
number of, and mitigating the effects of, motor vehicle crashes and 
related fatalities and injuries; providing safety performance 
information to aid prospective purchasers of vehicles, child 
restraints, and tires; and improving automotive fuel efficiency. NHTSA 
pursues policies that encourage the development of non-regulatory 
approaches when feasible in meeting its statutory mandates. It issues 
new standards and regulations or amendments to existing standards and 
regulations when appropriate. It ensures that regulatory alternatives 
reflect a careful assessment of the problem and a comprehensive 
analysis of the benefits, costs, and other impacts associated with the 
proposed regulatory action. Finally, it considers alternatives 
consistent with the Administration's regulatory principles.
NHTSA continues to pursue the high priority vehicle safety area of 
occupant protection in rollover events, and will propose new 
performance standards to reduce complete and partial ejections of 
vehicle occupants from outboard seating positions in fiscal year 2010. 
NHTSA will propose amending Federal Motor Vehicle Safety Standard No. 
111, Rearview Mirrors, to reduce deaths and injuries resulting from 
backing accidents, in accordance with the Cameron Gultransen Kids 
Transportaion Safety Act of 2007. NHTSA will also publish a notice of 
proposed rulemaking to require the installation of lap/shoulder belts 
in newly-manufactured motorcoaches in accordance with NHTSA's 2007 
Motorcoach Safety Plan and DOT's Departmental Motorcoach Safety Action 
Plan.
NHTSA will continue its efforts to reduce domestic dependency on 
foreign oil in accordance with the Energy Independence and Security Act 
(EISA) of 2007 by publishing a final rule setting corporate average 
fuel economy (CAFE) standards for Model Years 2012-2016 for both cars 
and light trucks. NHTSA will also publish a final rule regarding tire 
fuel efficiency consumer information.
In addition to numerous programs that focus on the safe performance of 
motor vehicles, the agency is engaged in a variety of programs to 
improve driver and occupant behavior. These programs emphasize the 
human aspects of motor vehicle safety and recognize the important role 
of the States in this common pursuit. NHTSA has identified two high 
priority areas: safety belt use and impaired driving. To address these 
issue areas, the agency is focusing especially on three strategies--
conducting highly visible, well publicized enforcement; supporting

[[Page 64287]]

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

[[Page 64288]]

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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
RIN: 2126-AB22
_______________________________________________________________________



DOT--FMCSA

                              -----------

                            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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
Related RIN: Related to 2060-AP58
RIN: 2127-AK50
_______________________________________________________________________



DOT--Federal Railroad Administration (FRA)

                              -----------

                            FINAL RULE STAGE

                              -----------




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: [email protected]
RIN: 2130-AC03
_______________________________________________________________________



DOT--Pipeline and Hazardous Materials Safety Administration (PHMSA)

                              -----------

                            FINAL RULE STAGE

                              -----------




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: [email protected]
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: [email protected]
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: [email protected]
Related RIN: Related to 2133-AB74
RIN: 2133-AB75
BILLING CODE 4910-9X-S