Notification of Regulatory Review
| Published date | 05 May 2021 |
| Citation | 86 FR 23876 |
| Record Number | 2021-09239 |
| Section | Proposed rules |
| Court | The Secretary Of Transportation Office,Transportation Department |
Federal Register, Volume 86 Issue 85 (Wednesday, May 5, 2021)
[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Proposed Rules]
[Pages 23876-23877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09239]
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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-2021-0036]
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: As directed by Executive Order 13990, ``Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis,'' and Executive Order 13992, ``Revocation of Certain Executive
Orders Concerning Federal Regulation,'' the U.S. Department of
Transportation (Department or DOT) is currently reviewing its existing
regulations and other agency actions to determine whether they are
consistent with the policies and National objectives set forth in these
executive orders. As part of this review, the Department invites the
public to provide input on existing rules and other agency actions for
the Department's consideration regarding consistency with the policies
and objectives of these executive orders.
DATES: Comments should be received on or before June 4, 2021. Late-
filed comments will be considered to the extent practicable.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2021-0036 by any of the following methods:
Federal eRulemaking Portal: Go to http://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 Docket Number DOT-OST-2021-0036
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: DOT posts public 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. 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. Regardless of whether commenters identify
themselves, timely comments will be 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: Elizabeth Kohl, Attorney-Advisor, U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC
20590, 202-366- 7523 (phone), [email protected] (email).
SUPPLEMENTARY INFORMATION: On January 20, 2021, the President issued
Executive Order (E.O.) 13990, ``Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis'' (86 FR
7037; Jan. 25, 2021), and E.O. 13992, ``Revocation of Certain Executive
Orders Concerning Federal Regulation'' (86 FR 7049; Jan. 25, 2021).
In E.O. 13990, the President acknowledged the Nation's ``abiding
commitment to empower our workers and communities, promote and protect
our public health and the environment; and conserve our national
treasures and monuments, places that secure our national memory.'' The
President also set forth the policy of the Administration to ``listen
to the science; to improve public health and protect our environment;
to ensure access to clean air and water; to limit exposure to dangerous
chemicals and pesticides; to hold polluters accountable, including
those who disproportionately harm communities of color and low-income
communities; to reduce greenhouse gas emissions; to bolster resilience
to the impacts of climate change; to restore and expand our national
treasures and monuments; and to prioritize both environmental justice
and the creation of the well-paying union jobs necessary to deliver on
these goals.'' To that end, the President directed the heads of all
executive departments and agencies, including DOT, to immediately
review and, as appropriate and consistent with applicable law, address
the promulgation of Federal regulations and other actions that conflict
with these important national objectives, as well as to immediately
commence work to confront the climate crisis.'' E.O. 13990 specifically
directed the Secretary of Transportation to review and consider
publishing for notice and comment a proposed rule suspending, revising,
or rescinding: ``The Safer Affordable Fuel-Efficient (SAFE) Vehicles
Rule Part One: One National Program,'' and ``The Safer Affordable Fuel-
Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars
and Light Trucks.'' In a Fact Sheet issued by the President
simultaneously with E.O. 13990, the President also directed DOT to
review ``Hazardous Materials: Liquefied Natural Gas by Rail'' (https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/).
In E.O. 13992, the President set forth the Administration's policy
``to use available tools to confront the urgent challenges facing the
Nation, including the coronavirus disease 2019 (COVID-19) pandemic,
economic recovery, racial
[[Page 23877]]
justice, and climate change.'' The President stated that ``[t]o tackle
these challenges effectively, executive departments and agencies . . .
must be equipped with the flexibility to use robust regulatory action
to address national priorities.'' E.O. 13992 revoked certain executive
orders issued prior to January 20, 2021 and directed the Director of
the Office of Management and Budget and the heads of agencies,
including DOT, to promptly take steps to rescind any orders, rules,
regulations, guidelines, or policies, or portions thereof, implementing
or enforcing these revoked executive orders, as appropriate and
consistent with applicable law.
To respond to the President's direction in E.O. 13990 and E.O.
13992, the Department seeks input from the public on existing
regulations or other agency actions for the Department's consideration
regarding consistency with the policies and objectives of these
executive orders. In recognition of the fact that safety is the
Department's highest priority, DOT also seeks comment on those existing
regulations or other agency actions that the Department can address
without compromising, or to further improve, safety. The Department
welcomes public comment on any of its regulations and other agency
actions to achieve the goals of E.O. 13990 and E.O. 13992.
Content of Comments: The Department will review comments submitted
timely to the docket associated with this regulatory review, DOT-OST-
2021-0036. To maximize the usefulness of comments, the Department
encourages commenters to provide the following information:
1. Specific reference. A specific reference to the regulation or
other agency action that the commenter believes the Department should
consider with respect to the goals of E.O. 13990 and E.O. 13992. 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 regulation or other agency action,
the original source of the action, and relevant documentation that may
describe the history and effects of the action.
2. Description of effects. A description of the effects of the
identified regulation or other agency action. A comment that describes
the relationship between the regulation or other agency action and the
goals of E.O. 13990 and E.O. 13992 is more useful than a comment that
merely asserts that the action is either consistent or inconsistent
with the executive orders. Comments that reflect knowledge of or an
understanding of the effects and provide data or other information
describing those effects are more creditable than comments that do not
provide such information. Verifiable, quantifiable data describing the
effects are more useful than anecdotal descriptions.
3. Description of potential alternative actions. If the commenter
believes that a regulation or other agency action may be developed that
achieves the goals of E.O. 13990 and E.O. 13992, the commenter should
describe that regulation or action in detail. Likewise, if the
commenter believes that a regulation or other agency action currently
meets the goals of one or both executive orders, the commenter should
provide that explanation.
4. Examples of affected entities or projects. Commenters may
provide examples of entities that are, have been, or will be negatively
affected by the identified regulation or other agency action, and
examples of entities that will benefit if DOT acts to address the
negative effects of the regulation or other agency action. A comment
listing specific entities is more useful because it will assist the
Department in investigating any negative effects and how DOT may most
effectively address these effects.
Scope of Comments: The Department is interested in comments on any
DOT regulation or other agency action for consideration regarding
consistency, with the policies and objectives of E.O. 13990 and E.O.
13992.
Dated: April 28, 2021.
John E. Putnam,
Acting General Counsel.
[FR Doc. 2021-09239 Filed 5-4-21; 8:45 am]
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