8940 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

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 and V, VI, VII, 

VIII, X, XI 

[Docket No. DOT–OST–2011–0025] 

Regulatory Review of Existing DOT 

Regulations 

AGENCY: Office of the Secretary of 

Transportation (OST), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with Executive 

Order 13563, ‘‘Improving Regulation and 

Regulatory Review,’’ the Department of 

Transportation (Department or DOT) is 

conducting a review of its existing 

regulations to evaluate their continued 

validity and determine whether they are 

crafted effectively to solve current 

problems. As part of this review, the 

Department invites the public to 

participate in a comment process 

designed to help the Department ensure 

that it has a plan for periodically 

analyzing existing significant rules to 

determine whether they should be 

modified, streamlined, expanded, or 

repealed and identify specific rules that 

may be outmoded, ineffective, 

insufficient, or excessively burdensome. 

The Department also will hold a public 

meeting to discuss and consider 

comments from members of the public. 

DATES: Comments should be received on 

or before April 1, 2011. Late-filed 

comments will be considered to the 

extent practicable. In addition, the 

Department will hold a public meeting 

beginning at 9:30 a.m. ET on March 14, 

2011, at the DOT headquarters, to 

discuss the regulatory review and take 

public comments. Commenters wishing 

to have time allocated to them at the 

public meeting should submit initial 

comments by March 3, 2011, and clearly 

indicate their desire to have time 

allocated at the public meeting. 

ADDRESSES: You may submit comments 

to Docket DOT–OST–2011–0025 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 ‘‘OST–2011– 

0025’’ 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 Department 

of Transportation 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: Neil 

R. Eisner, Assistant General Counsel for 

Regulation and Enforcement, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590; (202) 366–4723. E-mail: 

neil.eisner@dot.gov. 

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, 1/21/11). Executive Order 13563 

reaffirms and builds upon governing 

principles of contemporary regulatory 

review, including Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ (58 FR 51735, 10/4/1993), 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 

not only guide the Federal government’s 

approach to new regulation, but to 

existing ones as well. To that end, 

Executive Order 13563 requires agencies 

to review existing significant 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. Specifically, 

the Department must provide a plan for 

periodically reviewing existing 

significant regulations to determine 

whether any such regulations should be 

modified, streamlined, expanded, or 

repealed so as to make the Department’s 

regulatory program more effective or 

less burdensome in achieving the 

Department’s regulatory objectives. 

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 conduct a 

retrospective review of existing 

regulations. This review will be more 

meaningful if it involves 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 


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Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8941 

(PHMSA); Research and Innovative 

Technology Administration (RITA); 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 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 

writes the necessary implementing rules 

for programs involving highways, 

airports, mass transit, the maritime 

industry, railroads, and motor 

transportation and 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 

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 as little burden as 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 remain cost-effective and costjustified. 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, 2/26/ 

1979), Executive Order 12866, and 

section 610 of the Regulatory Flexibility 

Act. 

The Department follows a repeating 

10-year plan for the review of our 

existing regulations, which is set forth 

in our semi-annual Regulatory Agenda 

published in the Federal Register (see 

Appendix D to ‘‘Department Regulatory 

Agenda; Semiannual Summary’’ 

published on December 20, 2010 (75 FR 

79812)). The reviews conducted under 

this plan comply with section 610 of the 

Regulatory Flexibility Act. OST and 

most OAs 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 Executive Order 12866. 

Generally, the agencies have divided 

their rules into 10 different groups and 

analyze one group each year, then start 

over again. We regularly invite public 

participation in those reviews and seek 

general suggestions on rules that should 

be revised or revoked. In the fall 

Regulatory Agenda, we publish 

information on the results of the 

examinations completed during the 

previous year. We are now engaged in 

our second 10-year review. 

The FAA, in addition to following a 

10-year review plan in accordance with 

section 610 of the Regulatory Flexibility 

Act, has established a triennial process 

to comply with other review 

requirements. The FAA’s latest notice 

was published November 15, 2007 (72 

FR 64170). NHTSA conducts an 

evaluation of both the costs and benefits 

of each of its significant rules 

approximately 4 years after the effective 

date on which 100 percent of the annual 

production of all types of vehicles 

subject to the rule must comply with the 

rule. This interval is necessary to ensure 

that sufficient crash data are available 

for the agency to determine whether a 

statistically significant reduction in 

crashes, injuries, and fatalities has 

occurred. Other OAs also conduct 

periodic public reviews to focus on 

specific issues or to obtain comments on 

rulemaking priorities. Moreover, under 

49 CFR part 5, anyone may petition the 

Department for rulemaking or for an 

amendment or exemption to a rule. 

As part of implementing Executive 

Order 13563, we will assess our current 

processes for reviewing rules and 

examine whether our approach should 

be modified going forward. While the 

Department may use these existing 

processes as significant inputs into its 

preliminary plan, the Department 

strongly encourages all parties affected 

by DOT regulations to comment on 

opportunities to improve our current 

review processes in a manner that best 

addresses the principles outlined in 

Executive Order 13563. 

Public Participation and Request for 

Comments 

DOT is an active regulatory agency 

with broad regulatory responsibilities. A 

robust regulatory program being 

essential to our mission, it is all the 

more important that we maintain a 

consistent culture of retrospective 

review and analysis. Thus, to 

implement Executive Order 13563, the 

Department solicits the views of the 

public on the following matters. 

The public is first asked to comment 

on how the Department should devise a 

preliminary plan, with a defined 

method and schedule, for identifying 

certain significant rules that may be 

obsolete, unnecessary, unjustified, 

excessively burdensome, or 

counterproductive. Comments might 

address how best to evaluate and 

analyze regulations in order to expand 

on those that work and to modify, 

improve, or rescind those that do not. 

Comments might usefully address how 

the Department can best obtain and 

consider accurate, objective information 

and data about the costs, burdens, and 

benefits of existing regulations and 

whether there are existing sources of 

data that the Department can use to 

evaluate the post-promulgation effects 

of regulations over time. The 

Department is particularly interested in 

the public’s views about how well its 

current processes for reviewing 

regulations function and how those 

processes might be expanded or 

otherwise adapted to meet the objectives 

of Executive Order 13563. The 

Department is further interested in 

comments about factors that the 

Department should consider in setting 

priorities and selecting rules for review. 

Our initial selection criteria for these 

rules are currently based on the factors 

listed below, on which we seek public 

comment. 

The Department intends for its 

preliminary plan to include an initial 

list of candidate rules for review. The 

Department solicits suggestions for 

specific rules that should be on that list. 

In nominating candidate rules for this 

list, commenters might usefully address, 

among other things, opportunities to use 

the Department’s review process to 

achieve the following objectives: 

(1) Promote economic growth, 

innovation, competitiveness, and job 

creation; (2) eliminate outdated 

regulations; (3) lessen the burdens 

imposed on those directly or indirectly 

affected by our regulations, increase the 

benefits provided to the public by our 

regulations, and improve the costbenefit balance of our regulations; (4) 

lessen burdens imposed on small 

entities; (5) eliminate duplicative or 

overlapping regulations; (6) reduce 

paperwork by eliminating duplication, 

lessening frequency, allowing electronic 

submission, standardizing forms, 

exempting small entities, or other 

means; (7) eliminate conflicts and 

inconsistencies in the Department’s 

regulations and those of its own 

agencies or other Federal agencies or 

state, local, or tribal governmental 


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8942 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

bodies; (8) simplify or clarify language 

in regulations; (9) revise regulations to 

address changes in technology, 

economic conditions, or other factors; 

(10) determine if matters in an existing 

regulation could be better handled fully 

by the states without Federal 

regulations; (11) reduce burdens by 

incorporating international or industry 

consensus standards into regulations; 

(12) reconsider regulations that were 

based on scientific or other information 

that has been discredited or superseded; 

and (13) expand regulations that are 

insufficient to address their intended 

objectives or to obtain additional 

benefits. 

Comments should focus on 

regulations that have demonstrated 

deficiencies. Comments that rehash 

debates over recently issued rules will 

be less useful. Particularly where 

comments relate to a rule’s costs or 

benefits, comments will be most useful 

if there are data and experience under 

the rule available to ascertain the rule’s 

actual impact. For that reason, we 

encourage the public to emphasize those 

rules that have been in effect for a 

sufficient amount of time to warrant a 

fair evaluation. Furthermore, the public 

should focus on rule changes that will 

achieve a broad public impact, rather 

than an individual personal or corporate 

benefit. Where feasible, comments 

should reference a specific regulation, 

by Code of Federal Regulations (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. Lastly, we also want to stress 

that this review is for existing rules; the 

public should not use this process to 

submit comments on proposed rules. 

The public meeting will begin with a 

discussion of and taking comments on 

the Department’s preliminary plan for 

regulatory review required by Executive 

Order 13563. After that, we plan to 

allow for comments on candidate rules 

for review. The Department’s General 

Counsel will preside over the meeting. 

Other senior officials from the 

Department and its OAs will also 

attend. It is our intent that the public 

meeting will provide an opportunity for 

these officials to interact with 

individuals or stakeholder 

representatives. To enable them to 

effectively participate in the public 

meeting, they will need some 

information in advance. As a result, we 

are establishing the following process. 

1. Suggestions for Discussion at 

Public Meeting: 

a. By March 3, 2011, 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. Commenters are welcome to 

indicate how much time they would 

like to be allocated, but 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. 

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 who needs auxiliary aids 

and services, such as sign language 

interpreters, to effectively participate in 

the meeting should contact the 

Department via the ‘‘FOR FURTHER

INFORMATION CONTACT’’ information 

provided above. 

2. Public Meeting: 

a. After receiving this initial round of 

public comment, the Department will 

organize those suggestions by topic and 

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 better 

positioned to discuss issues regarding a 

particular rule, broad category of rules, 

or affected group or industry, rather 

than merely recording public comment 

for later review. 

c. The Department will hold its public 

meeting beginning at 9:30 a.m. ET on 

March 14, 2011 at the Department of 

Transportation, West Building, Ground 

Floor, DOT Conference Center, 

Oklahoma Room, 1200 New Jersey 

Avenue, SE., Washington, DC. We will 

make a meeting outline available on 

http://regs.dot.gov in advance of the 

meeting. Furthermore, we are exploring 

the use of technology to enable remote 

participation in the meeting. We will 

update http://regs.dot.gov with 

information about opportunities for the 

public to participate remotely. 

3. Other Written Comments: 

The Department will continue to 

accept written comments through April 

1, 2011. Those who do not wish to 

attend the public meeting may, of 

course, submit comments at any time 

during the comment period. 

4. Follow-up Action by DOT: 

a. We will place a transcript or 

summary of the public meeting in our 

public docket (http:// 

www.regulations.gov) as soon as 

possible after the end of the meeting. 

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, OA 

Administrators, 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 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 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 10, 2011, in 

Washington, DC. 

Robert S. Rivkin, 

General Counsel. 

[FR Doc. 2011–3492 Filed 2–11–11; 8:45 am] 

BILLING CODE 4910–9X–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1700 

[CPSC Docket No. CPSC–2011–0007] 

Poison Prevention Packaging 

Requirements; Proposed Exemption of 

Powder Formulations of Colesevelam 

Hydrochloride and Sevelamer 

Carbonate 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC,’’ ‘‘Commission,’’ or 

‘‘we’’) is proposing to amend its childresistant packaging requirements to 

exempt powder formulations of two oral 

prescription drugs, colesevelam 

hydrochloride and sevelamer carbonate. 

Colesevelam hydrochloride, currently 


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