[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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC 
20590-0001.
    <bullet> 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.
    <bullet> 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), 
<a href="/cdn-cgi/l/email-protection#8ae0e5e4ebfee2ebe4a4e7e5f9f9caeee5fea4ede5fc"><span class="__cf_email__" data-cfemail="d0babfbeb1a4b8b1befebdbfa3a390b4bfa4feb7bfa6">[email protected]</span></a> (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), <a href="/cdn-cgi/l/email-protection#3b595a49595a495a155658585a55557b5f544f155c544d"><span class="__cf_email__" data-cfemail="fa989b88989b889bd49799999b9494ba9e958ed49d958c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

DOT Responsibilities for Regulations and Transportation Infrastructure

    The Department carries out its responsibilities through the Office 
of the

[[Page 45751]]

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

[[Page 45752]]

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

[[Page 45753]]

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]
 BILLING CODE 4910-9X-P


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