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Statement of Need: This rulemaking expands on mobile phone limitations under development by FMCSA that would limit the use of mobile phones by drivers transporting a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73 in intrastate commerce. FMCSA's authority over motor carriers of these materials is limited to transportation in interstate commerce. The safety benefits associated with limiting the distractions caused by mobile phones are equally applicable to drivers transporting covered hazardous materials via intrastate as they are to interstate commerce. The use of a mobile phone while driving constitutes a safety risk to the motor vehicle driver, other motorists, and bystanders.

Summary of the Legal Basis: Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.)

Alternatives: PHMSA will consider two alternatives: 1. Amend the HMR to expand the scope of the FMCSA NPRM to include those intrastate motor carriers and drivers that transport a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR part 73; or 2. Take no action.

Anticipated Costs and Benefits: Not yet calculated. However, the population of motor carriers affected will be less than 1,500. PHMSA expects costs to be minimal when compared to the risks of distracted driving.

Risks: Risk to the public and regulated community from distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles transporting covered hazardous materials in intrastate commerce.