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Department Overseeing Airline Safety Uses AI to Expedite Regulation Drafting

Department of Transportation Adopts AI to Accelerate Regulation Drafting
The Department of Transportation (DoT) is poised to become the first federal agency to employ artificial intelligence in drafting binding regulations, according to an investigation by ProPublica. While the Department of Defense has already implemented an agency-wide AI chatbot, the DoT is now utilizing Google’s Gemini AI to assist in formulating rules that govern aviation, automotive, railroad, and maritime safety.
AI Integration and Internal Perspectives
Internal communications obtained by ProPublica reveal that DoT attorney Daniel Cohen introduced the initiative to staff, emphasizing AI’s “potential to revolutionize the way we draft rulemakings.” Cohen demonstrated new AI tools intended to enable rule writers to work more efficiently. However, the prioritization of speed over precision has raised concerns within the agency. DoT general counsel Gregory Zerzan was recorded stating, “We don’t need the perfect rule on XYZ. We don’t even need a very good rule on XYZ. We want good enough. We’re flooding the zone.” Zerzan also noted that enthusiasm for the AI project extends to the highest levels of government, mentioning that former President Donald Trump is “very excited about this initiative.”
Six anonymous DoT employees told ProPublica that traditional regulation drafting is a lengthy process, often taking months or years due to its complexity. At a December demonstration, presenters claimed that Google’s Gemini could reduce this timeline to “minutes or even seconds.” Zerzan set an ambitious target for staff, asserting that “it shouldn’t take you more than 20 minutes to get a draft rule out of Gemini,” with the goal of producing new regulations within 30 days.
Concerns Over Accuracy and Market Impact
The DoT’s move to integrate AI into rulemaking has elicited apprehension from experts and former officials. Mike Horton, the department’s former chief AI officer, compared the approach to “having a high school intern that’s doing your rulemaking.” Critics warn that large language models like Gemini are susceptible to errors, or “hallucinations,” which could introduce inaccuracies into critical safety regulations. Gemini has previously been associated with generating false information, including fabricated personal details and unsafe medical advice. In one notable incident last year, the chatbot produced bizarre and unsettling responses, further casting doubt on its reliability for high-stakes regulatory tasks.
Beyond safety concerns, the DoT’s reliance on AI for drafting regulations may have significant implications for market dynamics. There is apprehension that the use of advanced AI tools developed by major technology firms such as Google could intensify market concentration, granting larger companies disproportionate influence in shaping regulations. While larger firms may resist stricter rules due to the costs of compliance, smaller companies might adapt more swiftly, potentially leveraging their agility to compete. Industry reactions are expected to vary, with established players focused on preserving their technological advantages and smaller competitors seeking opportunities within the evolving regulatory framework.
As the DoT advances its AI-driven rulemaking initiative, critics underscore the necessity of rigorous oversight to prevent errors and safeguard public safety. This experiment represents a notable shift in federal regulatory processes but also highlights the inherent risks of prioritizing speed over accuracy in transportation safety matters.

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