In the discussion so far, we’ve been focused on understanding which drivers would be affected by FMCSA’s proposed texting rule, what actions would count as texting, and how the rule would be enforced against CMV Commercial Motor Vechicles operators. However, during a rulemaking, federal agencies are required to consider how the proposed new rule would impact several other, broader interests beyond just the individuals and groups immediately affected. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) doesn’t think the texting rule will significantly affect interests such as the environment, personal privacy, or minority or low-income populations. (For the rest of the laundry list of interests FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) considered, see the end of the full post.) But now it’s time for us to talk more broadly about the consequences of this proposal– are there impacts of the texting rule beyond the obvious costs and benefits?
By the way, this is the final issue raised by FMCSA’s proposal. In two days, the Discussion Phase will be over. So, if you have anything to add about this or any of the other issues raised by the texting rule, now is the time. At the end of the Discussion Phase, the issue blog will be closed so that the Regulation Room team can start working on the draft Summary of Discussion that will eventually go to FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) as a formal public comment on the texting rule.
The Details:
Other legally required analyses. In addition to likely costs and benefits of the texting rule, and any particular impacts on small entities (discussed in the previous post), FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) must consider whether there will be an impact on more than a dozen different interests identified by Congress and the President. It found little or no effect on most of these — listed at the end of this post. The rule’s potential environmental and federalism impacts, however, required more explanation.
Environmental impacts. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) has done a draft Environmental Assessment under the National Environmental Policy Act. FMCSA thinks there could be minor impacts from the texting rule on emissions, hazardous material spills, solid waste, or public health and safety—but nothing that could be considered a significant positive or negative environmental impact. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) specifically requests comments on this conclusion. If it gets no information that changes its current assessment, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) will issue a Finding of No Significant Impact.
FMCSA also did a Clean Air Act analysis and decided that any increase in air pollution from the rule would be de minimis (that is, not legally significant). (See 40 CFR Code of Federal Regulations 93.153(c)(2)). The agency doesn’t expect that banning texting while driving will significantly increase the total number of CMV Commercial Motor Vechicles miles or change drivers’ routes, basic CMV Commercial Motor Vechicles operations, or the number or types of CMVs Commercial Motor Vehicles (vehicles owned or used by a business) on the road.
Federalism impacts. Under Executive Order 13132, a proposed rule has federalism impacts if it has a substantial direct effect on state or local governments and would either preempt state law or impose a substantial direct cost of compliance on those governments. FMCSA recognized that the texting rule could impact state and local governments because of the cooperative state/federal nature of CMV Commercial Motor Vechicles safety programs and enforcement. (See Who & how of enforcement.) FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) did send a letter about the rule to the National Governors Association, the National Conference of State Legislatures, and the American Association of Motor Vehicle Administrators, offering the opportunity to meet and discuss any concerns. It specifically encourages state and local governments to raise federalism issues in commenting on the rule.
Impacts on other interests. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) found that the texting rule had no impact on the following interests. (DOT Rulemaking Requirements describes what each of these statutes or executive orders requires FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) to consider.)
- Unfunded Mandate Reform Act: FMCSA concluded that the texting rule didn’t meet the UMRA threshold of imposing $141.3 million or more in annual combined State, local and tribal governments expenditures, or private sector expenditures. (See What costs & benefits for FMCSA’s calculation of probable costs from the rule.)
- Paperwork Reduction Act: FMCSA concluded that the rule would not involve collecting any new information from the public.
- Privacy Impact Assessment: FMCSA concluded that the rule will not require collecting, maintaining or disseminating personally identifiable information from or about individuals.
- Executive Order 12630 (Taking of private property): FMCSA concluded that the proposed rule would not interfere with constitutionally protected property rights.
- Executive Oder 12988 (Civil Justice Reform): FMCSA concluded that the proposed rule meets the presidential requirements of minimizing litigation, eliminating ambiguity, and reducing burden.
- Executive Order 13045 (Protection of Children): FMCSA concluded that the proposed rule does not create an environmental risk that might disproportionately affect children’s health or safety.
- Executive Order 13211 (Energy Supply, Distribution or Use): FMCSA concluded the rule isn’t likely to have a significant adverse effect on the supply, distribution or use of energy.
- National Technology Transfer and Advancement Act: FMCSA does not know of any “voluntary consensus standards” that exist on texting.
- Executive Order 12898 (Environmental Justice): FMCSA concluded that any environmental impacts of the rule would not fall disproportionately on, or have a “high and adverse impact” on, minority or low-income populations.
Help FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) get it right. Texting while driving is a new (though apparently growing) phenomenon, and there’s not much data on the frequency and effects of this form of distracted driving. That makes it hard for FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) to pin down possible impacts on the laundry list of interests that Congress and the President have told agencies to consider in rulemaking.
The agency has specifically asked for comment on environmental impacts of prohibiting CMV Commercial Motor Vechicles operators from texting while driving. It’s also asked for more information on how the rule could affect state and local governments. If there are impacts or data in these areas (or others) that FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) hasn’t taken into account, now is the time to speak up.
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