Comment period for DOT regulatory review extended

October 30, 2017

Jami Jones

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Anyone interested in overhauling the regulatory scheme of the Department of Transportation has 30 more days to participate in the public comment period.

One of the first actions by President Donald Trump after taking office was a freeze on impending regulations with a promise of a full regulatory review. The Department of Transportation took the official first step of launching the review of DOT-related regulations – including trucking regulations – in early October.

The DOT published the notification of regulatory review in the Federal Register on Monday, Oct. 2, and opened a 30-day comment period. Many groups, including the Owner-Operator Independent Drivers Association, immediately petitioned the agency for more time.

The DOT announced in a notice posted to the docket at Regulations.gov that it will extend the comment period 30 days, with comments now due by Dec. 1.

The parent agency of the Federal Motor Carrier Safety Administration, along with all other transportation related agencies, is preparing to launch a review of existing regulations. The process will evaluate the regulations’ continued necessity, their effectiveness on solving problems, and whether they burden the development or use of 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,” according to the notice.

“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.”

While the DOT has routinely reviewed regulations on the books every 10 years, three executive orders signed by President Trump after taking office direct the DOT and related agencies, including FMCSA, to further scrutinize their regulations and other agency actions.

Those executive orders prompted the DOT and related agencies to seek public input on existing regulations and other agency actions that need to be modified, axed or replaced.

While all regulations are fair game under the review, four “economically significant” regulations related to trucking were listed in the notice. Those include: the ELD mandate; NHTSA’s greenhouse gas Phase 2 regulation; the final rule on the drug and alcohol clearinghouse, and driver training regulations.

The crux of the review is to determine a number of things, including if regulations eliminate jobs; are outdated or unnecessary; and impose costs that exceed benefits.

For those who want to file comments, click here.