[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Proposed Rules]
[Pages 23876-23877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09239]


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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-2021-0036]


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: As directed by Executive Order 13990, ``Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis,'' and Executive Order 13992, ``Revocation of Certain Executive 
Orders Concerning Federal Regulation,'' the U.S. Department of 
Transportation (Department or DOT) is currently reviewing its existing 
regulations and other agency actions to determine whether they are 
consistent with the policies and National objectives set forth in these 
executive orders. As part of this review, the Department invites the 
public to provide input on existing rules and other agency actions for 
the Department's consideration regarding consistency with the policies 
and objectives of these executive orders.

DATES: Comments should be received on or before June 4, 2021. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2021-0036 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 Docket Number DOT-OST-2021-0036 
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: DOT posts public 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. 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. Regardless of whether commenters identify 
themselves, timely comments will be 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: Elizabeth Kohl, Attorney-Advisor, U.S. 
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 
20590, 202-366- 7523 (phone), [email protected] (email).

SUPPLEMENTARY INFORMATION: On January 20, 2021, the President issued 
Executive Order (E.O.) 13990, ``Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis'' (86 FR 
7037; Jan. 25, 2021), and E.O. 13992, ``Revocation of Certain Executive 
Orders Concerning Federal Regulation'' (86 FR 7049; Jan. 25, 2021).
    In E.O. 13990, the President acknowledged the Nation's ``abiding 
commitment to empower our workers and communities, promote and protect 
our public health and the environment; and conserve our national 
treasures and monuments, places that secure our national memory.'' The 
President also set forth the policy of the Administration to ``listen 
to the science; to improve public health and protect our environment; 
to ensure access to clean air and water; to limit exposure to dangerous 
chemicals and pesticides; to hold polluters accountable, including 
those who disproportionately harm communities of color and low-income 
communities; to reduce greenhouse gas emissions; to bolster resilience 
to the impacts of climate change; to restore and expand our national 
treasures and monuments; and to prioritize both environmental justice 
and the creation of the well-paying union jobs necessary to deliver on 
these goals.'' To that end, the President directed the heads of all 
executive departments and agencies, including DOT, to immediately 
review and, as appropriate and consistent with applicable law, address 
the promulgation of Federal regulations and other actions that conflict 
with these important national objectives, as well as to immediately 
commence work to confront the climate crisis.'' E.O. 13990 specifically 
directed the Secretary of Transportation to review and consider 
publishing for notice and comment a proposed rule suspending, revising, 
or rescinding: ``The Safer Affordable Fuel-Efficient (SAFE) Vehicles 
Rule Part One: One National Program,'' and ``The Safer Affordable Fuel-
Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars 
and Light Trucks.'' In a Fact Sheet issued by the President 
simultaneously with E.O. 13990, the President also directed DOT to 
review ``Hazardous Materials: Liquefied Natural Gas by Rail'' (https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/).
    In E.O. 13992, the President set forth the Administration's policy 
``to use available tools to confront the urgent challenges facing the 
Nation, including the coronavirus disease 2019 (COVID-19) pandemic, 
economic recovery, racial

[[Page 23877]]

justice, and climate change.'' The President stated that ``[t]o tackle 
these challenges effectively, executive departments and agencies . . . 
must be equipped with the flexibility to use robust regulatory action 
to address national priorities.'' E.O. 13992 revoked certain executive 
orders issued prior to January 20, 2021 and directed the Director of 
the Office of Management and Budget and the heads of agencies, 
including DOT, to promptly take steps to rescind any orders, rules, 
regulations, guidelines, or policies, or portions thereof, implementing 
or enforcing these revoked executive orders, as appropriate and 
consistent with applicable law.
    To respond to the President's direction in E.O. 13990 and E.O. 
13992, the Department seeks input from the public on existing 
regulations or other agency actions for the Department's consideration 
regarding consistency with the policies and objectives of these 
executive orders. In recognition of the fact that safety is the 
Department's highest priority, DOT also seeks comment on those existing 
regulations or other agency actions that the Department can address 
without compromising, or to further improve, safety. The Department 
welcomes public comment on any of its regulations and other agency 
actions to achieve the goals of E.O. 13990 and E.O. 13992.
    Content of Comments: The Department will review comments submitted 
timely to the docket associated with this regulatory review, DOT-OST-
2021-0036. To maximize the usefulness of comments, the Department 
encourages commenters to provide the following information:
    1. Specific reference. A specific reference to the regulation or 
other agency action that the commenter believes the Department should 
consider with respect to the goals of E.O. 13990 and E.O. 13992. 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 regulation or other agency action, 
the original source of the action, and relevant documentation that may 
describe the history and effects of the action.
    2. Description of effects. A description of the effects of the 
identified regulation or other agency action. A comment that describes 
the relationship between the regulation or other agency action and the 
goals of E.O. 13990 and E.O. 13992 is more useful than a comment that 
merely asserts that the action is either consistent or inconsistent 
with the executive orders. Comments that reflect knowledge of or an 
understanding of the effects and provide data or other information 
describing those effects are more creditable than comments that do not 
provide such information. Verifiable, quantifiable data describing the 
effects are more useful than anecdotal descriptions.
    3. Description of potential alternative actions. If the commenter 
believes that a regulation or other agency action may be developed that 
achieves the goals of E.O. 13990 and E.O. 13992, the commenter should 
describe that regulation or action in detail. Likewise, if the 
commenter believes that a regulation or other agency action currently 
meets the goals of one or both executive orders, the commenter should 
provide that explanation.
    4. Examples of affected entities or projects. Commenters may 
provide examples of entities that are, have been, or will be negatively 
affected by the identified regulation or other agency action, and 
examples of entities that will benefit if DOT acts to address the 
negative effects of the regulation or other agency action. A comment 
listing specific entities is more useful because it will assist the 
Department in investigating any negative effects and how DOT may most 
effectively address these effects.
    Scope of Comments: The Department is interested in comments on any 
DOT regulation or other agency action for consideration regarding 
consistency, with the policies and objectives of E.O. 13990 and E.O. 
13992.

    Dated: April 28, 2021.
John E. Putnam,
Acting General Counsel.
[FR Doc. 2021-09239 Filed 5-4-21; 8:45 am]
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