[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3761-3764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1431]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
[Docket No. OST-2005-20112]
Notice of Regulatory Review
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Notice.
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SUMMARY: The Department of Transportation intends to conduct a review
of its existing regulations and its current Regulatory Agenda. As part
of this review, the Department invites the public to participate in a
comment process designed to (1) help the Department improve its rules
to make them more effective and less costly or burdensome, (2) identify
rules no longer needed and/or new rules that may be needed, and (3)
help the Department prioritize its rulemaking activities. The
Department also intends to hold a public meeting to discuss and
consider the public's comments.
DATES: Comments should be received on or before April 29, 2005. Late-
filed comments will be considered to the extent practicable. In
addition, the Department intends to hold a public meeting on April 12
and 19, 2005, in Washington, DC, to discuss public comments. Commenters
wishing to have time allocated to them at the public meeting should
submit initial comments by February 25, 2005, and clearly indicate
their desire to have time allocated at the public meeting.
ADDRESSES: You may submit comments (identified by DOT DMS Docket Number
OST-2005-20112) by any of the following methods:
Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the name of the DOT
agency that has issued the rule to which the comment pertains and the
docket number for this notice. Note that all comments received will be
posted without change to http://dms.dot.gov including any personal
information provided. Please see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif
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Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You can access
the docket for this notice by inserting the five-digit docket number
into the DMS ``quick search'' function.
FOR FURTHER INFORMATION CONTACT: Karen Starring, Attorney Advisor,
Office of General Counsel, Department of Transportation, 400 7th St.,
SW., Room 10424, Washington, DC 20590-0001. Telephone (202) 366-4723.
E-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
In addition to the Office of the Secretary (OST), the Department of
Transportation (Department or DOT) includes the Bureau of
Transportation Statistics (BTS) and the following operating
administrations (OAs): Federal Aviation Administration (FAA); Federal
Highway Administration (FHWA); Federal Motor Carrier Safety
Administration (FMCSA); Federal Railroad Administration (FRA); Federal
Transit Administration (FTA); Maritime Administration (MARAD); National
Highway Traffic Safety Administration (NHTSA); Research and Special
Programs Administration (RSPA); and St. Lawrence Seaway Development
Corporation (SLSDC). While RSPA and BTS are being reorganized into two
new operating administrations as the result of recently-enacted
legislation, for commenters' convenience we believe it is sensible to
have comments refer to the names of DOT organizations as they were when
rules were promulgated.
Each of these elements of DOT has statutory responsibility for a
wide range of regulations. For example, DOT regulates safety in the
aviation, motor carrier, railroad, mass transit, motor vehicle,
commercial space, and pipeline transportation areas. DOT regulates
aviation consumer and economic issues, and provides financial
assistance and writes the necessary implementing rules for programs
involving highways, airports, mass transit, the maritime industry,
railroads, and motor vehicle safety. It writes regulations carrying out
such disparate statutes as the Americans with Disabilities Act and the
Uniform Time Act. Finally, DOT has responsibility for developing
policies that implement a wide range of regulations that govern
internal programs such as acquisition and grants, access for the
disabled, environmental protection, energy conservation, information
technology, occupational safety and health, property asset management,
seismic safety, security, and the use of aircraft and vehicles.
Improvement of our regulations is a continuous focus of the
Department. There should be no more regulations than necessary and
those that are issued should be simpler, more comprehensible, and less
burdensome. Most rules are issued following notice to the public and
opportunity for comment. Once issued, rules should be periodically
reviewed and revised, as needed, to assure that they continue to meet
the needs for which they originally were designed.
To help implement this goal, the Department wants to obtain written
public comments and to hold a public meeting in Washington, DC, on
April 12 and 19, 2005 on how to (1) improve our rules to be more
effective and less costly or burdensome, (2) identify rules no longer
needed and/or new rules that may be needed, and (3) help prioritize our
current rulemaking activities, which are set forth in our semi-annual
Regulatory Agenda (69 FR 73492, Dec. 13, 2004).
The Department's General Counsel will preside over the public
meeting. Senior officials of the Department's operating administrations
also will attend this meeting. Because seating may be limited, the
Department will reserve seats for participants, and seats for attendees
will be available on a first-come, first-serve basis. Please note that
seats may become available throughout the public meeting as attendees
come and go.
Existing Reviews of Rules
The Department regularly makes a conscientious effort to review its
rules. We accomplish this in a number of ways. First, we have a 10-year
plan for the review of our existing regulations, (see Appendix D to our
semi-annual Regulatory Agenda published in the Federal Register on
December 13, 2004 (69 FR 73492)). We regularly invite public
participation in those reviews as well as seeking general suggestions
on rules that should be revised or revoked. Under 49 CFR part 5, anyone
may petition the Department for rulemaking or for an amendment or
exemption to a rule. Some of our operating administrations may also
conduct periodic public reviews to focus on specific issues or to
obtain comments on rulemaking priorities. For example, on February 25,
2004, FAA requested comments from the public to assist it in
identifying those regulations currently in effect that it should amend,
remove, or simplify (see 69 FR 8575). It is not necessary for the
commenters to resubmit those comments unless the commenter desires to
provide additional information or to request time during the public
meeting. The Department will obtain copies of comments submitted in
response to FAA's request and include them in its review.
We have also worked closely with the Office of Management and
Budget (OMB) to identify rules appropriate for review and reform.
Beginning in 2001, OMB has sought comments from the public on Federal
agency rules and guidance that should be reviewed. In 2002, OMB
initially referred 38 rules to the Department as possible candidates
for reform. Subsequently, OMB has referred additional rules. As of
OMB's 2003 report to Congress, DOT had completed, initiated, or planned
action for 27 regulatory items, was still considering whether to take
action on 13 items, and had decided against taking further action on 13
items. More recently, in connection with OMB's 2004 report to Congress,
OMB has provided DOT with another 13 items that relate to
manufacturing, and we are considering those. Any items previously
submitted to OMB in writing need not be resubmitted, as the Department
has received those.
As with regard to the OMB regulatory review nominations process,
the Department takes seriously its task of ensuring that its
regulations meet the objectives of efficiency, effectiveness, fairness,
and practicality. At the same time, it would be very useful to
encourage broader participation in the review of the Department's rules
than we have received in the past. For example, most of the comments to
OMB about the Department's rules came from one public advocacy
organization, one state Department of Transportation, and one aircraft
manufacturer. While we welcome and appreciate the input of those
commenters, we note that other stakeholder groups, associations, and
individuals provided only a few comments. Most trade associations,
interest groups, and consumer groups, and most individual regulated
parties--whether public or private sector organizations--did not
comment through the OMB process. The Department strongly encourages all
parties affected by DOT regulations to comment in response to this
notice, so that the Department has as much information as possible on
which to base decisions about the future course of its regulatory
reform and improvement efforts.
Our Current Review Plan
We recognize that, in carrying out our important regulatory
responsibility, DOT has a large amount of rulemaking
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activity. For example, we have 89 ongoing significant rulemaking
entries on our current Regulatory Agenda and we have issued 85
significant final rules in the last three years. Thus, in making plans
for the next few years, the Secretary wants the Department to add to
and improve our earlier efforts to review our existing rules, and to
provide this additional opportunity for public participation.
Hopefully, this will also provide a better opportunity for an exchange
of views among participants in the process. For example, the public
meeting will provide an opportunity for those affected by our
regulations to directly communicate with the Department's senior
officials. We are looking forward to positive exchanges that will
provide us with a ``real world'' perspective and data, with in-depth
analysis of perceived problems.
For existing regulations, public comments might usefully address,
among other things, the following factors: (1) The opportunity to
simplify or clarify language in a regulation; (2) the opportunity to
eliminate overlapping and duplicative regulations, including those that
require repetitive filings for conducting business with the Department;
(3) the opportunity to eliminate conflicts and inconsistencies in the
Department's regulations and those of its agencies; (4) the opportunity
to eliminate outdated regulations; (5) the opportunity to reconsider
the burdens imposed on those directly or indirectly affected by the
regulation and, specifically, those that are costly when compared to
the benefit provided; (6) the opportunity to revise regulations in
which technology, economic conditions or other factors have changed in
the area affected by the regulation; (7) the opportunity to reconsider
burdens imposed on small entities, and (8) the opportunity to
reconsider federalism or tribalism impacts and pre-emption issues. The
Department is also interested in comments about DOT rules that
potentially duplicate or conflict with the rules of other Federal
agencies or state, local, or tribal governmental bodies. The Department
is specifically interested in the public's suggestions for
modifications to existing regulations, that would make the rules more
cost-effective, cost-beneficial, or less costly; that would effectively
improve public benefits; or that would temper disproportionate impacts.
Comments will be most helpful if they reference a specific regulation,
by CFR cite, and provide the Department information on what needs
fixing and why. Comments do not necessarily need to address how to fix
the perceived problem, though such comments are welcome.
In addition, the Department seeks comments on its Regulatory Agenda
for the upcoming year. Specifically, the Department seeks public
comment on the Department's priorities. Are there rulemakings on which
we should place more or less emphasis or give a higher priority in
scheduling? Are the Department's rulemaking priorities in line with
public need?
In order to make the public meeting beneficial, the Department
requests careful analysis of specific regulations and detailed written
comments. It is our intent that the public meeting will provide an
opportunity for the General Counsel and other Department officials to
interact with individuals or stakeholder representatives and to seek
clarification and follow-up on comments. To enable those officials to
effectively participate in the public meeting, they will need some
information in advance of the hearing. As a result, we are establishing
the following process.
1. Suggestions for Discussion at Public Meeting:
a. By the end of the first 30 days of the comment period, the
Department requests that commenters submit their suggestions for
discussion at the public meeting and indicate whether they want time
allocated to them at the public meeting. The Department reserves the
right to allocate time as necessary to ensure that as many commenters
as possible may participate in the public meeting in a meaningful
manner. In the event that it becomes necessary to limit the number of
participants, the Department initially plans to do so in a first-come,
first-serve manner.
b. The initial comments from those intending to participate in the
public meeting should contain enough details to permit DOT officials to
sufficiently prepare and ask questions.
c. The initial comments may be augmented anytime before the end of
the full comment period.
d. Anyone wishing to participate in the public meeting who needs
accessibility accommodations, including sign language interpreters,
should contact the Department as soon as possible as directed under the
For Further Information Contact heading above.
2. Public Meeting:
a. After receiving this initial public comment, the Department will
organize those suggestions (including overlapping or duplicate
suggestions) by topic and Operating Administration (OA) for discussion
during the public meeting.
b. By having the public meeting after receiving initial public
comment and by organizing the discussion around topics and OAs, the
Department will be in a better position to discuss with commenters the
issues with regard to a particular rule, broad category of rules, or
affected group or industry, rather than merely recording public comment
for later review.
c. The Department plans to hold a public meeting on April 12 and
19, 2005 in Washington, DC, and will provide at least one week's notice
of the hearing outline.
d. The meeting will be chaired by the DOT's General Counsel, who
has general oversight of the DOT's rulemaking. Other DOT officials
will, at a minimum, attend those portions of the meeting pertaining to
their areas of responsibility.
3. Other Written Comments:
a. The Department will continue to accept comments through April
29, 2005. Those who do not wish to attend the public meeting may, of
course, submit comments at any time during the comment period.
b. This additional time will also allow those who did participate
in the meeting to supplement their earlier comments either on their own
initiative or in response to comments or questions at the hearing.
c. It will also allow anyone to rebut or otherwise respond to
earlier comments submitted in writing or made at the meeting.
4. Follow-up Action by DOT:
a. We will place a transcript of the public meeting in our public
docket (http://dms.dot.gov) as soon as possible after the end of the
hearing. We note that because the docket is Internet accessible, it
should allow those with Internet access to review those proceedings as
well as other comments. We hope this will further improve the
interchange of ideas.
b. This review will provide meaningful and significant input to the
Secretary, the General Counsel, and other DOT senior officials. As soon
as possible, depending on the number of comments we receive and the
issues raised, the Department will publish a report providing at least
a brief response to the comments we have received, including a
description of any further action we intend to take.
Regulatory Notices
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association,
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business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477-78), or you may visit http://dms.dot.gov.
(Authority: 5 U.S.C. 610; E.O. 12866, 58 FR 51735, Oct. 4, 1993.)
Issued this 14th day of January, 2005, in Washington, DC.
Jeffrey A. Rosen,
General Counsel.
[FR Doc. 05-1431 Filed 1-25-05; 8:45 am]
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