{"operation":"document","citation":"74 FR 64283","title":"[No title available]","source_type":"rulemaking","agency":"Office of the Federal Register","status":"historical","official":true,"published_on":"2009-12-07","effective_on":null,"summary":"[No title available]","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-x09-151207.json","markdown":"https://regulus.evalyn.ai/document/federal-register-x09-151207.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-x09-151207","source_url":"https://www.federalregister.gov/documents/2009/12/07/X09-151207/no-title-available","body":"Federal Register, Volume 74 Issue 233 (Monday, December 7, 2009) [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 ---------------------------------------","truncated":true,"body_characters":114568}