Notice of Review of Guidance, 1820-1821 [2019-01065]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary of Transportation

[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1820-1821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01065]



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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2017-0069]


Notice of Review of Guidance

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

ACTION: Notice.

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SUMMARY: The U.S. Department of Transportation (Department or DOT) is 
reviewing its existing guidance documents to evaluate their continued 
necessity and determine whether they need to be updated or revised. As 
part of this review, the Department invites the public to identify and 
provide input on existing guidance documents that are good candidates 
for repeal, replacement, or modification. In addition, the Federal 
Motor Carrier Safety Administration (FMCSA) will publish a separate 
notice in the Federal Register inviting public comment on specific 
actions that FMCSA would like to take on FMCSA guidance documents 
dealing with commercial drivers' licenses.

DATES: Comments should be received on or before April 8, 2019. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: You may file comments identified by the docket number 
[insert number] by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 https://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 https://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), 
jonathan.moss@dot.gov (email).

SUPPLEMENTARY INFORMATION: 

DOT Responsibilities for Regulations and Transportation Infrastructure

    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 its operating administrations (OAs): Federal 
Aviation Administration (FAA); Federal Highway Administration (FHWA); 
Federal Motor Carrier Safety Administration (FMCSA); National Highway 
Traffic Safety Administration (NHTSA); Federal Railroad Administration 
(FRA); Federal Transit Administration (FTA); Maritime Administration 
(MARAD); Pipeline and Hazardous Materials Safety Administration; 
(PHMSA); and St. Lawrence Seaway Development Corporation (SLSDC).
    DOT has statutory responsibility for a wide range of regulations 
and guidance documents. 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 Guidance Documents

    The Department produces guidance documents in order to communicate 
with the public, its stakeholders, the regulated entities, and DOT 
staff. These documents can serve a number of purposes including: (1) 
Clarifying the pertinent statutory and regulatory requirements; (2) 
assisting with statutory and regulatory compliance; and (3) 
communicating the Department's position on an issue. As required by the 
Administrative Procedure Act, the Department does not use guidance 
documents as a substitute for rulemaking and does not use guidance 
documents to impose new requirements on entities outside the Executive 
Branch. However, the Department recognizes that in some instances, even 
non-binding guidance may spur cost-inducing actions by regulated 
entities. The Department also recognizes that some guidance documents 
may need to be rescinded or updated to reflect developments, such as 
technological changes, that took place after the guidance was issued.

Public Participation and Request for Comments

    Section 5203(c)(2) of the Fixing America's Surface Transportation 
(FAST) Act requires FMCSA to publish a notice in the Federal Register 
requesting comment on which FMCSA guidance documents ``should be 
updated or eliminated.'' This notice satisfies this statutory 
requirement.
    The Department also emphasizes that improvement of guidance 
documents is a focus for all components of the Department. Accordingly, 
the Department seeks written input from the public on all DOT guidance 
documents (not just those issued by FMCSA) that are good candidates for 
repeal or revision. The public is encouraged to identify guidance 
documents that (a) are no longer necessary; (b) spur cost-inducing 
action by the regulated entities; (c) are inconsistent or unclear; (d) 
may not be conducive to uniform or consistent enforcement; or (e) need 
to be updated to reflect developments that have taken place since the 
guidance was issued.

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    The FAST Act also requires FMCSA to undertake a comprehensive 
review of its guidance. FMCSA has now completed its review of guidance 
documents dealing with commercial drivers' licenses and will publish a 
separate notice in the Federal Register seeking public comment on the 
specific actions that FMCSA would like to undertake as a result of this 
review.

Content of Comments

    The Department will review all comments submitted timely to the 
docket associated with this notice [insert docket number]. To maximize 
the usefulness of comments, the Department encourages commenters to 
provide the following information:
    1. A specific reference to the guidance document and associated 
statutes or regulations that the comment discusses. This should include 
the agency that issued the guidance document (e.g., FHWA, FMCSA), the 
title or subject, the date of issuance, and a guidance document number 
or an internet link. If possible, the reference also should include 
citations to the associated statutes (e.g., FAST Act) or regulations in 
the Code of Federal Regulations. A specific reference will assist the 
Department in identifying the guidance document and any associated 
statutory or regulatory requirements.
    2. A description of the problem with the specific guidance 
document. A comment that explains why the guidance document should be 
eliminated or revised is more useful than a comment that merely asserts 
that the guidance should be eliminated/revised. Comments that reflect 
experience with the guidance or a related statutory or regulatory 
requirement and provide data describing that experience are more 
helpful than comments that are not tied to direct experience. 
Verifiable, quantifiable data describing burdens are more useful than 
anecdotal descriptions.
    3. A description of alternatives that are better than the specific 
guidance document. If the commenter believes that the objective that 
motivated the guidance document may be achieved using a better 
alternative, the commenter should describe that alternative in detail. 
Likewise, if the commenter believes that there is not a better 
alternative or there is not a legitimate objective served by the 
guidance document, then that should be explained in the comment.
    4. Examples of entities that are, have been, or will be negatively 
affected by the specific guidance document and examples of entities 
that will benefit if the guidance is removed or revised. A comment 
listing specific entities is more useful because it will assist the 
Department in investigating the guidance document and its impact.

Scope of Comments

    The Department is interested in comments on any guidance document 
issued by OST or any DOT operating administration that is a good 
candidate for repeal or revision.

    Issued on: January 30, 2019.
Jeffrey A. Rosen,
Deputy Secretary.
[FR Doc. 2019-01065 Filed 2-4-19; 8:45 am]
 BILLING CODE 4910-9X-P