[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Proposed Rules]
[Pages 45750-45753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21101]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
14 CFR Chapters I, II, and III
23 CFR Chapters I, II, and III
46 CFR Chapter II
48 CFR Chapter 12
49 CFR Chapters I, II, III, V, VI, VII, VIII, X, and XI
[Docket No. DOT-OST-2017-0069]
Notification of Regulatory Review
AGENCY: Office of the Secretary of Transportation (OST); U.S.
Department of Transportation (DOT).
ACTION: Regulatory review.
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SUMMARY: The U.S. Department of Transportation (Department or DOT) is
reviewing its existing regulations and other agency actions to evaluate
their continued necessity, determine whether they are crafted
effectively to solve current problems, and evaluate whether they
potentially burden the development or use of domestically produced
energy resources. As part of these reviews, the Department invites the
public to provide input on existing rules and other agency actions that
are good candidates for repeal, replacement, suspension, or
modification. The Department may also hold a public meeting to discuss
and consider comments from members of the public.
DATES: Comments should be received on or before November 1, 2017. Late-
filed comments will be considered to the extent practicable.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2017-0069 by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC
20590-0001.
Hand Delivery or Courier: The Docket Management Facility
is located on the West Building, Ground Floor, of the U.S. Department
of Transportation, 1200 New Jersey Ave. SE., Room W12-140, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: You must include the agency name and the Docket
Number DOT-OST-2017-0069 at the beginning of your comment. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, to www.regulations.gov, as
described in the system of records notice, DOT/ALL-14 FDMS, accessible
through www.dot.gov/privacy. In order to facilitate comment tracking
and response, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Jonathan Moss, Assistant General
Counsel for Regulation, U.S. Department of Transportation, 1200 New
Jersey Ave. SE., Washington, DC 20590, 202-366-4723 (phone),
[email protected] (email) or Barbara McCann, Director, Office of
Policy Development, Strategic Planning and Performance, U.S. Department
of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, 202-
366-8016 (phone), [email protected].
SUPPLEMENTARY INFORMATION:
DOT Responsibilities for Regulations and Transportation Infrastructure
The Department carries out its responsibilities through the Office
of the
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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).
DOT has statutory responsibility for a wide range of regulations.
For example, DOT regulates safety in the aviation, motor carrier,
railroad, motor vehicle, commercial space, transit, and pipeline
transportation areas. The Department also 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
transportation and vehicle safety. 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.
Review of Regulations and Other Agency Actions
Improvement of regulations is a continuous focus for the
Department. There should be no more regulations than necessary, and
those regulations should be straightforward, clear, and designed to
minimize burdens. Further, DOT regulations and other agency actions
should not unnecessarily obstruct, delay, curtail, or otherwise impose
significant costs on the siting, permitting, production, utilization,
transmission, or delivery of energy resources. Once issued, regulations
and other agency actions should be reviewed periodically and revised to
ensure that they continue to meet the needs for which they originally
were designed, remain cost-effective and cost-justified. Further,
regulations and other agency actions should promote clean and safe
development of our Nation's vast energy resources, while avoiding
regulatory burdens that unnecessarily encumber energy production,
constrain economic growth, and prevent job creation.
Accordingly, DOT 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 (E.O.)
12866, E.O. 13563, and section 610 of the Regulatory Flexibility Act.
The Department follows a repeating 10-year plan for the review of
existing regulations, which is set forth in the Department's semi-
annual Regulatory Agenda published in the Federal Register (see
Appendix D to ``Department Regulatory Agenda; Semiannual Summary'' most
recently issued on July 20, 2017). The reviews conducted under this
plan comply with section 610 of the Regulatory Flexibility Act. OST and
OAs other than the Saint Lawrence Seaway Development Corporation
(SLSDC) have also elected to use this repeating 10-year plan to comply
with the review requirements of the Department's Regulatory Policies
and Procedures and E.O. 12866. SLSDC does not follow this practice
because the agency is responsible for only a small number of
regulations that were reviewed in 2009. Generally, the OAs have divided
their rules into 10 different groups and analyze one group each year,
then start over again. The Department regularly invites public
participation in those reviews and seeks general suggestions on rules
that it should revise or revoke. In the fall Regulatory Agenda, the
Department publishes information on the results of the examinations
completed during the previous year.
Public Participation and Request for Comments
Through three new E.O.s, President Trump directed agencies to
further scrutinize their regulations and other agency actions. On
January 30, 2017, President Trump signed E.O. 13771, Reducing
Regulation and Controlling Regulatory Costs. Under Section 2(a) of the
E.O., unless prohibited by law, whenever an executive department or
agency publicly proposes for notice and comment or otherwise
promulgates a new regulation, it must identify at least two existing
regulations to be repealed.
On February 24, 2017, President Trump signed E.O. 13777, Enforcing
the Regulatory Reform Agenda. Under this Executive Order, each agency
must establish a Regulatory Reform Task Force (RRTF) to evaluate
existing regulations, and make recommendations for their repeal,
replacement, or modification. As part of this process, the Department
is directed to seek input/assistance from entities significantly
affected by its regulations.
On March 28, 2017, President Trump signed E.O. 13783, Promoting
Energy Independence and Economic Growth. Section 2 of E.O. 13783
requires agencies to review all existing regulations, orders, guidance
documents, policies, and other similar agency actions that potentially
burden the development or use of domestically produced energy
resources, with particular attention to oil, natural gas, coal, and
nuclear energy resources. This review will result in a final report
that describes the result of the required review and includes specific
recommendations that, to the extent permitted by law, could alleviate
or eliminate aspects of agency actions that burden domestic energy
production. E.O. 13783 also requires that, for any specific
recommendations made in the final report, the agency suspend, revise,
or rescind, or publish for notice and comment proposed rules
suspending, revising, or rescinding those actions, as appropriate and
consistent with law.
To respond to the President's direction in E.O. 13771, E.O. 13777,
and E.O. 13783, as well as other legal authorities, the Department
seeks written input from the public on existing regulations and other
agency actions that are good candidates for repeal, replacement, or
modification. In addition to accepting written comments, the Department
may hold a public meeting. In recognition of the fact that safety is
the Department's highest priority, the Department seeks comments on
those existing regulations and other agency actions that may be
repealed, replaced, or modified without compromising safety. The public
is encouraged to identify regulations that (a) eliminate jobs or
inhibit job creation; (b) are outdated, unnecessary, or ineffective;
(c) impose costs that exceed benefits; (d) create a serious
inconsistency or otherwise interfere with regulatory reform initiatives
and policies; (e) could be revised to use performance standards in lieu
of design standards, or (f) potentially burden the development or use
of domestically produced energy resources. The Department welcomes
public comment on any and all of its regulations and other agency
actions, although rules that impose significant costs on the public may
provide greater opportunity for identifying and alleviating unnecessary
burdens. For convenience, a list of economically significant
rulemakings issued over the past several years is included in Appendix
A.
When identifying regulations and other agency actions appropriate
for suspension, repeal, replacement, or modification, the public is
encouraged to consider whether there is an opportunity to: (1) Simplify
or clarify language in a regulation; (2) eliminate
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overlapping and duplicative regulations, including those that require
repetitive filings for conducting business with the Department; (3)
eliminate conflicts and inconsistencies in the Department's regulations
and those of its agencies; (4) eliminate conflicts and inconsistencies
with the rules of other Federal agencies or state, local, or tribal
governments, (5) determine if matters in an existing regulation could
be better handled fully by the states without Federal regulations; (6)
revise regulations in which technology, economic conditions or other
factors have changed in the area affected by the regulation; (7)
reconsider regulations that were based on scientific or other
information that has been discredited or superseded; (8) 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; (9) reconsider burdens imposed on small entities;
(10) foster innovation by revising regulations to include performance
standards for regulatory compliance; and (11) reduce burdens by
incorporating international or industry consensus standards into
regulations.
Content of Comments
The Department will review all comments submitted timely to the
docket associated with this regulatory review, DOT-OST-2017-0069. To
maximize the usefulness of comments, the Department encourages
commenters to provide the following information:
1. Specific reference. A specific reference to the policy
statement, guidance document, regulation, or other agency action that
imposes the burden that the comment discusses. This should be a
citation to the Code of Federal Regulations, a guidance document
number, or an Internet link. A specific reference will assist the
Department in identifying the requirement, the original source of the
requirement, and relevant documentation that may describe the history
and effects of the requirement.
2. Description of burden. A description of the burden that the
identified policy statement, guidance document, regulation, or other
agency action imposes. A comment that describes how the policy
statement, guidance document, regulation, or other agency action is
burdensome is more useful than a comment that merely asserts that it is
burdensome. Comments that reflect experience with the requirement and
provide data describing that experience are more credible than comments
that are not tied to direct experience. Verifiable, quantifiable data
describing burdens are more useful than anecdotal descriptions.
3. Description of less burdensome alternatives. If the commenter
believes that the objective that motivated the policy statement,
guidance document, regulation, or other agency action may be achieved
using a less burdensome alternative, the commenter should describe that
alternative in detail. Likewise, if the commenter believes that there
is not a less burdensome alternative or there is not a legitimate
objective motivating the requirement, then that should be explained in
the comment.
4. Examples of affected entities or projects. Examples of entities
that are, have been, or will be negatively affected by the identified
policy statement, guidance document, regulation, or other agency action
and examples of entities that will benefit it the requirement is
removed or revised. A comment listing specific entities is more useful
because it will assist the Department in investigating the burden and
how it may be most effectively addressed.
Scope of Comments
The Department is interested in comments on any DOT regulation or
other agency action that imposes unjustifiable burdens on regulated
entities or on the use or production of domestic energy resources.
Issued on: September 26, 2017.
James C. Owens,
Acting General Counsel.
Appendix A--DOT Economically Significant Rulemakings
1. The FRA's final rule on Electronically Controlled Pneumatic
Brake Systems (RIN: 2130-AC03) (published on October 16, 2008, at 73
FR 61511) (annualized costs of $138 million);
2. The PHMSA's final rule on Pipeline Safety: Standards for
Increasing the Maximum Allowable Operating Pressure for Gas
Transmission Pipelines (RIN: 2137-AE25) (published on October 17,
2008, at 73 FR 62147) (annualized costs of $95 million);
3. The NHTSA's final rule on Average Fuel Economy Standards
Passenger Cars and Light Trucks Model Year 2011 (RIN: 2127-AK29)
(published on March 30, 2009, at 74 FR 14195) (annualized costs of
$1.46 billion);
4. The NHTSA's final rule on the Federal Motor Vehicle Safety
Standards; Roof Crush Resistance; Phase-In Reporting Requirements
(RIN: 2127-AG51) (published on May 12, 2009, at 74 FR 22347)
(annualized costs of $0.8-1.3 billion);
5. The PHMSA's final rule on Pipeline Safety: Integrity
Management Program for Gas Distribution Pipelines (RIN: 2137-AE15)
(published on December 4, 2009, at 74 FR 63905) (annualized costs of
$95 million);
6. The NHTSA's final rule on Light-Duty Vehicle Greenhouse Gas
Emission Standards and Corporate Average Fuel Economy Standards
(RIN: 2127-AK50) (published on May 7, 2010, at 75 FR 25323)
(annualized costs of approximately $10 billion);
7. The FAA's final rule on Automatic Dependent Surveillance--
Broadcast Equipage Mandate to Support Air Traffic Control Service
(RIN: 2120-AI92) (published May 28, 2010, at 75 FR 30159)
(annualized costs of $216 million);
8. The FHWA's final rule on Real-Time System Management
Information Program (RIN: 2125-AF19) (published on November 9, 2010,
at 75 FR 68418) (annualized costs of $135 million);
9. The NHTSA's final rule on Federal Motor Vehicle Safety
Standards, Ejection Mitigation; Phase-In Reporting Requirements;
Incorporation by Reference (RIN: 2127-AK23) (published on January
19, 2011, at 76 FR 3211) (annualized costs of $2.3 billion);
10. The FRA's final rule on Positive Train Control Systems (RRR)
(RIN: 2130-AC27) (published on May 14, 2012, at 77 FR 28285)
(annualized costs of $2 million);
11. The NHTSA's final rule on 2017 and Later Model Year Light-
Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel
Economy Standards (RIN: 2127-AK79) (published on October 15, 2012,
at 77 FR 62623) (annualized costs of $2.2-3.6 billion);
12. The FTA's final rule on Major Capital Investment Projects--
New/Small Starts (RIN: 2132-AB02) (published on January 9, 2013, at
78 FR 1991) (annualized costs of $300,000);
13. The NHTSA's final rule on Federal Motor Vehicle Safety
Standards; Occupant Crash Protection (RIN: 2127-AK56) (published on
November 25, 2013, at 78 FR 70415) (annualized costs of $6 million);
14. The FMCSA's final rule on Inspection, Repair, and
Maintenance; Driver-Vehicle Inspection Report (DVIR) (RIN: 2126-
AB46) (published on December 18, 2014, at 79 FR 75437) (annualized
cost-savings of $1.7 billion);
15. The NHTSA's final rule on Federal Motor Vehicle Safety
Standards; Electronic Stability Control Systems for Heavy Vehicles
(RIN: 2127-AK97) (published on June 23, 2015, at 80 FR 36049)
(annualized costs of $46 million);
16. The PHMSA's final rule on Hazardous Materials: Enhanced Tank
Car Standards and Operational Controls for High-Hazard Flammable
Trains (RIN: 2137-AE91) (published on July 7, 2015, at 80 FR 26643)
(annualized costs of $234 million);
17. The FMCSA's final rule on Electronic Logging Devices and
Hours of Service Supporting Documents (RIN: 2126-AB20) (published on
December 16, 2015, at 80 FR 78291) (annualized costs of $1.8
billion);
18. The NHTSA's final rule on Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and
Vehicles--Phase 2 (RIN: 2127-AL52) (published on October 25, 2016,
at 81 FR 73478) (annualized costs of $4 billion);
19. The FMCSA's final rule on Commercial Driver's License Drug
and Alcohol Clearinghouse (RIN: 2126-AB18) (published
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on December 5, 2016, at 81 FR 87686) (annualized costs of $154
million); and
20. The FMCSA's final rule on Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle Operators (RIN: 2126-AB66)
(published on December 8, 2016, at 81 FR 88732) (annualized costs of
$368 million).
[FR Doc. 2017-21101 Filed 9-29-17; 8:45 am]
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