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What will he most be remembered for? >> a lot of legislative accomplishments, jake, that actually affect people's lives. we talk about inaction. but he was somebody who did act. lit me give our viewers some examples. when you get on a plane and there's no smoke, it is because of legislation that frank lawsuiten burke helped push. there's the reason there's no smoking on airplanes. with regard to tobacco, he was a fierce opponent to tobacco even when it was unpopular. and alcohol as well, he was mainly responsible for helping to curb drunk driving by having a national standard blood alcohol lev...

Ig report had been leaked through the press. it is unclear if they will resign in the irs in the days to come. but they will be keeping an eye on the hearing today. >> thanks, patti ann? >> thanks, heather. now to stories you can bank on this morning. a roller-coaster for gas prices. joining us from fox business network is lauren simonetti. >> gas prices started the year at 3.29 a gallon. today your national average is $3.61 a gallon. this past month it's up $0.08 alone. one of the reasons we see the spike it has nothing to do with supply. four different refineries in illinois, tulsa, oklaho...

Director of the american beverage institute. welcome. >> thanks for having me. >> thanks for being here. you called the ntsb's proposal ludicrous. why? >> it is ludicrous. it is so ludicrous in fact even mothers against drunk driving isn't supporting it. the fact is this recommendation targets moderate social drinkers and it fails to target the hard core high bac repeat offenders who cause the vast majority of alcohol related fatalities. if we want to solve the drunk driving problem in this country we have to target the people that are out there killing people and that is not somebody who is a...

Record high. tuesday was the 19th time this year the dow has closed at a record high. it is up more than 16% year to date. the s&p 500 is not far behind up 15.7% for the year. you look at the u.s. economy, u.s. stocks, and then you compare it to europe and you say, we're sitting pretty compared to europe. opening bell just rang. stocks are starting a little bit to the down side, carol. >> all right. i'm sure you'll keep an eye on them. alison kosik reporting live from the new york stock exchange. approximately 10,000 people are killed every year in alcohol-related crashes. now the national t...

>> of those people that are killed or killed, you know, driving drunk, like is there an average blood alcohol content? >> well, many of people who are involved in impaired driving crashes do have a higher blood alcohol content than 0.05. but the issue really is how do we have a general deterrent effect and what we know is when we went in this country from 0.10 or higher to 0.08 that actually reduced the number of drinks or reduced the impairment level for all drivers, low bac and high bac. it really is important to understand that the u.s., we lead in so many of the transportation safety issue...