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DOT/FMCSA

RIN: 2126-AB29

Publication ID: Fall 2010

Title: Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones(Section 610 Review)
Abstract: This rulemaking would restrict the use of mobile telephones 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 addresses an item on the National Transportation Safety Board´s "Most Wanted List" of safety recommendations.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
RFA Section 610 Review: Section 610 Review
CFR Citation: 49 CFR 383 49 CFR 384 49 CFR 390 49 CFR 391 49 CFR 392
Legal Authority: PL 98-554

Legal Deadline: None

Statement of Need: This rulemaking stems from the Distracted Driver Summit on September 30 and October 1, 2009. This proposed rule would restrict the use of mobile telephones by all commercial motor vehicle drivers (CMV). This NPRM addresses the NTSB "most wanted" item associated with a 2004 crash in Alexandria, Virginia. Furthermore, it would addresses recent crashes in Kentucky and North Carolina that according to media reports may have involved cell phone use. This rulemaking would improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.

Summary of the Legal Basis: Motor Carrier Safety Act of 1984 (1984 Act), 49 U.S.C. chapter 311, and the Commercial Motor Vehicle Safety Act of 1986 (1986 Act), 49 U.S.C. chapter 313.

Alternatives: FMCSA considered several options for restricting mobile telephone use and provided analysis of their safety and economic or environmental impacts.

Anticipated Costs and Benefits: The Agency is currently finalizing several options to provide an accurate statement of costs and benefits.

Risks: FMCSA is continuing its analysis of the risk that might be associated with mobile telephone use.

Timetable:

Action	Date	FR Cite
NPRM	12/00/2010

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: Yes
Included in the Regulatory Plan: Yes
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: Yes
Related RINs: Related to 2126-AB22
Agency Contact: Mike Huntley Chief, Vehicle and Roadside Operations Division Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 366-9209 Email: michael.huntley@dot.gov