[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

[[Page 3762]]

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]
BILLING CODE 4910-62-P