[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11051-11052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04008]



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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

14 CFR Chapters I, II, III

23 CFR Chapters I, II, III

46 CFR Chapter II

48 CFR Chapter 12

49 CFR Chapters I, II, III, V, VI, VII, VIII, X, XI

[Docket No. DOT-OST-2014-0024]


Next Phase of the Regulatory Review of Existing DOT Regulations

AGENCY: Office of the Secretary of Transportation (OST), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' the Department of Transportation 
(Department, DOT, or we) is conducting a review of its existing 
regulations to evaluate their continued validity and determine whether 
they are crafted effectively to solve current problems. On February 16, 
2011, the Department began a process to review existing regulations, 
which included a public meeting and various other opportunities to 
solicit public comments. That process resulted in a Plan for 
Implementation of Executive Order 13563 that was released in August 
2011. Additionally, the Department has regularly updated the list of 
regulations that are under review or further study and provided updates 
on timing of the review. The latest update was released in January 2014 
and can be found at http://www.reginfo.gov. (See Appendix D of the 
Department's semi-annual Regulatory Agenda.) In continuing this effort, 
the Department again invites the public to comment on the next phase of 
its retrospective regulatory review process.

DATES: Comments should be received on or before March 31, 2014. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: You may submit comments to Docket No. DOT-OST-2014-0024 by 
any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. 
If you submit comments by mail and would like to know that they reached 
the facility, please enclose a stamped, self-addressed envelope or 
postcard.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC between 9 a.m. 
and 5 p.m. ET., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.

To avoid duplication, please use only one of these four methods. All 
comments received will be posted without change to http://www.regulations.gov and will include any personal information you 
provide.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov and click on the ``read comments'' box in 
the upper right-hand side of the screen. Then, in the ``Keyword'' box 
insert ``DOT-OST-2014-0024'' and click ``Search.'' Next, click the 
``Open Docket Folder'' in the ``Actions'' column. Finally, in the 
``Title'' column, click on the document you would like to review. If 
you do not have access to the Internet, you may view the docket online 
by visiting the Docket Management Facility in Room W12-140 on the 
ground floor of the DOT West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathryn Sinniger, Assistant General 
Counsel for Regulation and Enforcement, Department of Transportation, 
1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493-0908. 
Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Executive Order 13563

    On January 18, 2011, President Obama issued Executive Order 13563, 
which outlined a plan to improve regulation and regulatory review (76 
FR 3821, Jan. 21, 2011). Executive Order 13563 reaffirms and builds 
upon governing principles of contemporary regulatory review, including 
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735, 
Oct. 4, 1993), by requiring Federal agencies to design cost-effective, 
evidence-based regulations that are compatible with economic growth, 
job creation, and competitiveness. The President's plan recognizes that 
these principles should guide the Federal government's approach not 
only to new regulation, but to existing ones as well. To that end, 
Executive Order 13563 requires agencies to review existing rules to 
determine if they are outmoded, ineffective, insufficient, or 
excessively burdensome.
    To facilitate this review, Executive Order 13563 requires each 
agency to develop and submit to the Office of Management and Budget's 
Office of Information and Regulatory Affairs a preliminary plan for 
retrospectively analyzing existing rules. The Department complied with 
this requirement with the release of a Plan for Implementation of 
Executive Order 13563, available on the Department's Web site for 
regulations at http://www.dot.gov/regulations. As Executive Order 13563 
reaffirms, the regulatory process must be transparent and provide 
opportunities for public participation. The Department particularly 
believes, given its broad regulatory responsibility, this participation 
should extend to the Department's obligations under the Executive Order 
to continue the retrospective review of existing regulations. Continued 
meaningful review requires continued input from those affected by the 
Department's regulations.

DOT's Regulatory Responsibility

    The mission of the Department is to serve the United States by 
ensuring a safe, fast, efficient, accessible, and convenient 
transportation system that meets our vital national interests and 
enhances the quality of life of the American people, today and into the 
future. The Department carries out its mission through the Office of 
the Secretary (OST) 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); Pipeline and Hazardous Materials Safety 
Administration (PHMSA); and St. Lawrence Seaway Development Corporation 
(SLSDC). Although the Surface Transportation Board (STB) is a component 
of DOT, it is organizationally independent and, as a result, the 
Department does not have responsibility for the STB's regulatory 
agenda.
    DOT has statutory responsibility for a wide range of regulations. 
For example, DOT regulates safety issues in the aviation, motor 
carrier, railroad, motor vehicle, commercial space, and pipeline 
transportation areas. DOT regulates aviation consumer and economic 
issues, and provides financial assistance and

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writes the necessary implementing rules for programs involving 
highways, airports, mass transit, the maritime industry, railroads, and 
motor transportation and vehicle safety. DOT 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 programs such as acquisition and grants management, access for 
people with disabilities, environmental protection, energy 
conservation, information technology, occupational safety and health, 
property asset management, seismic safety, security, and the use of 
aircraft and vehicles.

DOT's Existing Process for Reviewing Rules

    The Department has long recognized that there should be no more 
regulations than necessary and those that are issued should be simple, 
comprehensible, and impose only as much burden as is necessary. 
Likewise, the Department understands that review and revision of 
existing regulations is essential to ensure that they continue to meet 
the needs for which they originally were designed and that they remain 
cost-effective and cost justified. The Department regularly makes a 
conscientious effort to review its rules in accordance with the 
Department's 1979 Regulatory Policies and Procedures (44 FR 11034, Feb. 
26, 1979), Executive Order 12866, and section 610 of the Regulatory 
Flexibility Act, 5 U.S.C. 610.
    In 2011, in response to Executive Order 13563, the Department 
decided to improve its plan by adding special oversight processes 
within the Department; encouraging effective and timely reviews, 
including providing additional guidance on particular problems that 
warrant review; and expanding opportunities for public participation. 
The Department merged the results of the retrospective review of 
existing rules that was initially conducted pursuant to Executive Order 
13563 and the other special reviews that were to be conducted, into a 
10-year review plan to provide a simpler resource for the public and a 
more effective tool for oversight and management of the Department's 
retrospective reviews of rules.
    The Department's 2011 final plan listed 79 existing rules for which 
the Department had already undertaken or proposed actions that promise 
significant savings in terms of money and burden hours. In addition, 
the Department identified 56 other rules with potential savings, and we 
committed to further study of public commenter recommendations further 
before deciding on the appropriate action. You can find this list of 
rules as Attachment 2 to our 2011 final plan, located at http://www.dot.gov/regulations/retrospective-review-and-analysis-existing-rules.

Public Participation and Request for Comments

    DOT is an active regulatory agency with broad regulatory 
responsibilities, thus a robust regulatory program is essential to our 
mission. For this reason, it is all the more important that we maintain 
a consistent culture of retrospective review and analysis. We have 
determined that it is time to begin a second round of retrospective 
review, even as the first round of reviews begun under Executive Order 
13563 are being completed.
    Unlike the first round of retrospective review under Executive 
Order 13563, where the Department solicited suggestions for specific 
rules that should be on the list of candidate rules for review, the 
Department is looking for your suggestions on how this round should be 
managed and your reasons for your suggestions.
    1. Should DOT simply publish a notice in the Federal Register 
asking for suggestions for specific existing rules to be reviewed, as 
we did during the initial round?
    2. Should DOT focus on the 56 rules identified in the 2011 plan as 
having potential savings? Or are there any particular rules from that 
list that should be?
    3. Should DOT publish a notice and request for comment in the 
Federal Register--
    a. Focusing instead on the existing regulations of one or more 
specific OAs? If so, which OA(s) and why?
    b. Focusing instead on one or more cross-cutting issues such as 
access rules or drug and alcohol testing? If so, which cross-cutting 
issues and why?
    c. Focus on a combination of one or more specific OA(s) and 
specific cross-cutting issue(s)? If so, which and why?
    4. One other idea would be to hold a series of listening sessions 
announced in the Federal Register, each one tailored to a specific OA 
or cross-cutting issue. Ideas developed at these sessions could be 
developed at additional public workshops (e.g., if the OA has an 
authorized advisory committee (such as FRA's Railroad Safety Advisory 
Committee chartered under the Federal Advisory Committee Act), at 
workshops under the auspices of that advisory committee), and/or 
through publication of a notice and request for comment in the Federal 
Register, before the idea is included in a DOT draft preliminary 
retrospective review plan with a request for comment. We would like 
your thoughts on whether this idea is preferable, and if so how much 
time should be allowed for each stage (listening sessions, additional 
public workshops, and/or publication of a notice and request for 
comment on the suggestions for retrospective review). Please send 
suggestions as to which OAs and/or cross-cutting issues could benefit 
from this more in-depth retrospective review, including your rationale.
    5. We also seek other alternatives for how to implement this second 
round of retrospective review and your reason for supporting the 
alternative(s).

Regulatory Notices

    Privacy Act: Anyone may search the electronic form of 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, 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://www.gpoaccess.gov/fr/browse.html and browse under 2000 for April 11, 
looking under the heading ``Department of Transportation.''

    Authority:  5 U.S.C. 610; E.O. 13563, 76 FR 3821, Jan. 21, 2011; 
E.O. 12866, 58 FR 51735, Oct. 4, 1993.

    Issued on February 19, 2014, in Washington, DC.
Kathryn B. Thomson,
Acting General Counsel.
[FR Doc. 2014-04008 Filed 2-26-14; 8:45 am]
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