DOT to Revise Rulemaking and Enforcement Procedures

US DOT is accepting public comments until June 16, 2025 on a proposal to update internal agency policies and procedures for issuing new rules, releasing guidance documents, and conducting enforcement activity. DOT included many of these same updates in a December 2019 Final Rule, before that rule was rescinded during the following Presidential administration (in 2021). 

When DOT rescinded the 2019 Rule, the agency reasoned that many of the provisions were already addressed by existing policies and regulations. In the new proposed rule, DOT says that while this criticism of the rule may be valid, there is still reason to promulgate a Rule that collects these policies and procedures in one place:
 

“The Department has reconsidered these justifications for the 2021 rulemaking and supports the recodification of the procedures. While many of the procedures contained in this notice of proposed rulemaking are contained in internal procedures, they are not found in one comprehensive and consolidated source.”

Proposed Updates for DOT Rulemakings, Enforcement

While the rule concerns internal DOT procedures, it will have an effect for industry stakeholders who participate in the rulemaking process, rely on the agency for compliance guidance or assistance, and face enforcement for violations of DOT regulations. Provisions in the proposed rule include:

• Adding enhanced procedural requirements for rules that are “economically significant” and/or “high impact”
• Re-establishing a task force to review and make recommendations about new and existing transportation regulations
• Re-instate policies and procedures for approval of DOT guidance documents
• Re-instate and consolidate in one location policies and procedures for enforcement for DOT regulations

The proposed rule continues:

“Codifying...procedures concerning enforcement and the development and issuance of rulemaking and guidance documents into the Code of Federal Regulations leaves no doubt to departmental staff and regulated entities on the expectations regarding the procedural safeguards and expectations governing the Department's administrative actions.”

DOT will accept public comments on the proposed rule until June 16, 2025.