82 FR 26734 - Transportation Infrastructure: Notice of Review of Policy, Guidance, and Regulation

DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range		26734-26735
FR Document		2017-11791

The Department of Transportation (DOT) is reviewing its existing policy statements, guidance documents, and regulations to identify unnecessary obstacles to transportation infrastructure projects. As part of this review, the Department invites affected stakeholders and the public to identify non-statutory requirements that the Department imposes and that should be removed or revised.

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)

[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26734-26735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11791]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. OST-2017-0057]


Transportation Infrastructure: Notice of Review of Policy, 
Guidance, and Regulation

AGENCY: Office of the Secretary of Transportation (OST), DOT.

ACTION: Notice; request for input.

-----------------------------------------------------------------------

SUMMARY: The Department of Transportation (DOT) is reviewing its 
existing policy statements, guidance documents, and regulations to 
identify unnecessary obstacles to transportation infrastructure 
projects. As part of this review, the Department invites affected 
stakeholders and the public to identify non-statutory requirements that 
the Department imposes and that should be removed or revised.

DATES: Comments should be received on or before July 24, 2017. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2017-0057 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 agency name and the Docket 
Number DOT-OST-2017-0057 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, visit the Docket Management Facility described above 
or go to http://www.regulations.gov and follow the online instructions 
for accessing the docket.

FOR FURTHER INFORMATION CONTACT: Michael A. Smith, Office of the 
General Counsel, U.S. Department of Transportation, 1200 New Jersey 
Ave. SE., Washington, DC 20590, 202-366-2917, [email protected].

SUPPLEMENTARY INFORMATION:

Purpose

    The Department of Transportation recognizes that there are 
regulatory and administrative burdens that impede transportation 
infrastructure projects. The Department also recognizes that the 
stakeholders who deliver projects have

[[Page 26735]]

direct experience with those burdens. Public and private project 
sponsors, engineering and construction professionals, related 
organizations, and other stakeholders encounter and overcome these 
obstacles to project delivery on a daily basis. The purpose of this 
notice is to solicit input from those affected stakeholders to help the 
Department identify requirements that the Department imposes through 
rules, or interpretations found in policy statements or guidance, that 
unjustifiably delay or prevent completion of surface, maritime, and 
aviation transportation infrastructure projects. The Department's 
primary focus is on administrative items that it has the authority to 
change, but if there are critical changes that are achievable only 
through legislative action, please submit proposed legislative changes. 
Commenters should make legislative suggestions only if all non-
statutory options have been exhausted.
    The DOT's mission is to serve the United States by ensuring a safe, 
fast, efficient, accessible, and convenient transportation system that 
meets the nation's vital interests and enhances the quality of life of 
the American people, today and into the future. To advance that mission 
through financial assistance and regulatory activity, the Department 
imposes requirements that affect the delivery of transportation 
infrastructure projects. Under its financial assistance programs, DOT 
places conditions of the receipt and expenditure of Federal funds. 
Under its safety authorities, DOT directly regulates State, local, and 
individual activities. These assistance conditions and safety 
regulations are intended to satisfy statutory mandates and, when 
discretionary, properly balance public benefits against the burdens 
that they impose. However, imbalances can arise. The current benefits 
may not justify the current burdens due to changing circumstances, 
incomplete analyses, or other factors.

Request for Input

    The Department is requesting that affected stakeholders and the 
public submit comments identifying requirements that the Department 
imposes through rules, or interpretations found in policy statements or 
guidance documents, that unjustifiably delay or prevent completion of 
surface, maritime, and aviation transportation infrastructure projects. 
In some circumstances, Federal statute requires the Department, without 
exercising discretion, to issue regulations implementing specific 
statutory requirements. Because the Department lacks authority to 
remove those requirements, the Department asks commenters responding to 
this notice to focus their comments on requirements that either lack 
statutory mandate or could be accomplished through reasonable 
alternatives. However, if non-statutory changes are insufficient to 
address a specific obstacle to transportation infrastructure projects, 
commenters may submit legislative solutions.

Content of Comments

    The Department will review all comments submitted to the docket 
associated with this notice, DOT-OST-2017-0057. 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 statute 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 identify 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 statute 
imposes on the completion of transportation infrastructure projects. A 
comment that describes how the policy statement, guidance document, 
regulation, or statute impedes efficient project delivery 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 statute 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 projects. Examples of projects that are, 
have been, or will be negatively affected by the identified policy 
statement, guidance document, regulation, or statute and examples of 
projects that will benefit it the requirement is removed or revised. A 
comment listing specific projects 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 requirement 
that unjustifiably delays or prevents surface, maritime, and aviation 
transportation infrastructure projects, including requirements 
contained regulations, or interpretations found in policy statements or 
guidance documents, issued from the Office of the Secretary of 
Transportation (OST) and the following Operating Administrations: The 
Federal Aviation Administration (FAA); the Federal Highway 
Administration (FHWA); the Federal Railroad Administration (FRA); the 
Federal Transit Administration (FTA); the Maritime Administration 
(MARAD); and the Pipeline and Hazardous Materials Safety Administration 
(PHMSA).
    Under this notice, the Department is not soliciting petitions for 
rulemaking.

Relationship to Other Review Activities

    Improvement of regulations is a continuous focus for the 
Department. For that reason, DOT regularly and deliberately reviews its 
rules in accordance with the Department's 1979 Regulatory Policies and 
Procedures (44 FR 11034), Executive Order (EO) 12866, EO 13563, and 
section 610 of the Regulatory Flexibility Act. That process is 
summarized in Appendix D of the Department's semi-annual regulatory 
agenda (e.g., 81 FR 94784). In EO 13771 and EO 13777, President Trump 
directed agencies to further scrutinize their regulations. The review 
described in this notice will supplement the Department's periodic 
regulatory review and its activities under EO 13771 and EO 13777. 
Unlike those activities, this request for input is narrowly focused on 
identifying and addressing impediments to the completion of 
transportation infrastructure projects. The comments that DOT receives 
in response to this notice will inform those other, broader activities.

    Issued on May 30, 2017.
James Ray,
Senior Advisor for Infrastructure.
[FR Doc. 2017-11791 Filed 6-7-17; 8:45 am]
 BILLING CODE 4910-9X-P

26734 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

such, no safety risk is present, even exempted from the obligation of OST–2017–0057 by any of the following
though there is a noncompliance with providing notification of, and a free methods:
FMVSS No. 108 regulatory remedy for, that noncompliance under • Federal eRulemaking Portal: Go to
requirements. 49 U.S.C. 30118 and 30120. http://www.regulations.gov and follow
Volkswagen concluded by expressing NHTSA notes that the statutory the online instructions for submitting
the belief that the subject provisions (49 U.S.C. 30118(d) and comments.
noncompliance presents no risk and is 30120(h)) that permit manufacturers to • Mail: Docket Management Facility,
inconsequential as it relates to motor file petitions for a determination of U.S. Department of Transportation, 1200
vehicle safety, and that its petition to be inconsequentiality allow NHTSA to New Jersey Ave. SE., Room W12–140,
exempted from providing notification of exempt manufacturers only from the Washington, DC 20590–0001.
the noncompliance, as required by 49 duties found in sections 30118 and • Hand Delivery or Courier: The
U.S.C. 30118, and a remedy for the 30120, respectively, to notify owners, Docket Management Facility is located
noncompliance, as required by 49 purchasers, and dealers of a defect or on the West Building, Ground Floor, of
U.S.C. 30120, should be granted. noncompliance and to remedy the the U.S. Department of Transportation,
NHTSA’S Decision defect or noncompliance. Therefore, this 1200 New Jersey Ave. SE., Room W12–
decision only applies to the subject 140, between 9 a.m. and 5 p.m., Monday
NHTSA’s Analysis: NHTSA has vehicles that Volkswagen no longer through Friday, except Federal holidays.
reviewed and accepts Volkswagen’s controlled at the time it determined that • Fax: 202–493–2251.
analysis that the subject noncompliance the noncompliance existed. However, Instructions: You must include the
is inconsequential to motor vehicle the granting of this petition does not agency name and the Docket Number
safety. Specifically, the halogen relieve vehicle distributors and dealers DOT–OST–2017–0057 at the beginning
headlamps missing the required of the prohibitions on the sale, offer for of your comment. All comments
operation voltage label on the headlamp received will be posted without change
sale, or introduction or delivery for
assembly poses little if any risk to motor to http://www.regulations.gov, including
introduction into interstate commerce of
vehicle safety. any personal information provided.
Volkswagen stated in their petition the noncompliant vehicles under their
control after Volkswagen notified them Privacy Act: In accordance with 5
that the H7 bulb is always a 12V
that the subject noncompliance existed. U.S.C. 553(c), DOT solicits comments
halogen light bulb. In accordance with
Authority: 49 U.S.C. 30118, 30120: from the public to better inform its
paragraph S11 of FMVSS No. 108, each
delegations of authority at 49 CFR 1.95 and rulemaking process. DOT posts these
replaceable light source must be
501.8. comments, without edit, to
designed to conform to the dimensions
www.regulations.gov, as described in
and electrical specifications furnished Jeffrey M. Giuseppe, the system of records notice, DOT/ALL–
with respect to it pursuant to part 564, Director, Office of Vehicle Safety Compliance. 14 FDMS, accessible through
on file in Docket No. NHTSA–98–3397. [FR Doc. 2017–11871 Filed 6–7–17; 8:45 am] www.dot.gov/privacy. In order to
By VW’s line of thought, to ensure the
BILLING CODE 4910–59–P facilitate comment tracking and
bulb performs within the luminous flux
response, we encourage commenters to
and power ranges specified, the bulb
provide their name, or the name of their
designer would ensure that the DEPARTMENT OF TRANSPORTATION organization; however, submission of
performance of the bulb is such that the
names is completely optional. Whether
output is compliant for a known input Office of the Secretary of or not commenters identify themselves,
of 12.8V and therefore the voltage Transportation all timely comments will be fully
becomes implicitly specified for that
considered. If you wish to provide
specific bulb. NHTSA notes that the [Docket No. OST–2017–0057]
comments containing proprietary or
docket entry detailing the H7
Transportation Infrastructure: Notice confidential information, please contact
replaceable light source specifications 1
of Review of Policy, Guidance, and the agency for alternate submission
shows that DOT compliant H7
Regulation instructions.
replaceable light sources when tested at
Docket: For access to the docket to
12.8 volts must achieve a luminous flux
AGENCY: Office of the Secretary of read background documents or
of 1250 ± 12% lumens with a maximum
Transportation (OST), DOT. comments received, visit the Docket
of 55.6 watts.
Consumers, dealers, and repair ACTION: Notice; request for input. Management Facility described above or
businesses will look at the bulb go to http://www.regulations.gov and
SUMMARY: The Department of follow the online instructions for
designation, H7, when replacing the
Transportation (DOT) is reviewing its accessing the docket.
light source in a headlamp assembly
existing policy statements, guidance FOR FURTHER INFORMATION CONTACT:
and will in no way rely on the voltage
documents, and regulations to identify Michael A. Smith, Office of the General
marking. As such, the missing voltage
unnecessary obstacles to transportation Counsel, U.S. Department of
marking poses little if any risk to motor
infrastructure projects. As part of this Transportation, 1200 New Jersey Ave.
vehicle safety.
NHTSA’s Decision: In consideration review, the Department invites affected SE., Washington, DC 20590, 202–366–
of the foregoing, NHTSA finds that stakeholders and the public to identify 2917, michael.a.smith@dot.gov.
non-statutory requirements that the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Volkswagen has met its burden of SUPPLEMENTARY INFORMATION:
persuasion that the subject FMVSS No. Department imposes and that should be
108 noncompliance in the affected removed or revised. Purpose
vehicles is inconsequential to motor DATES: Comments should be received on The Department of Transportation
vehicle safety. Accordingly, or before July 24, 2017. Late-filed recognizes that there are regulatory and
Volkswagen’s petition is hereby granted comments will be considered to the administrative burdens that impede
and Volkswagen is consequently extent practicable. transportation infrastructure projects.
ADDRESSES: You may file comments The Department also recognizes that the
1 NHTSA–1998–3397–0004. identified by the docket number DOT– stakeholders who deliver projects have

VerDate Sep<11>2014 17:24 Jun 07, 2017 Jkt 241001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices 26735

direct experience with those burdens. Department lacks authority to remove identified policy statement, guidance
Public and private project sponsors, those requirements, the Department asks document, regulation, or statute and
engineering and construction commenters responding to this notice to examples of projects that will benefit it
professionals, related organizations, and focus their comments on requirements the requirement is removed or revised.
other stakeholders encounter and that either lack statutory mandate or A comment listing specific projects is
overcome these obstacles to project could be accomplished through more useful because it will assist the
delivery on a daily basis. The purpose reasonable alternatives. However, if Department in investigating the burden
of this notice is to solicit input from non-statutory changes are insufficient to and how it may be most effectively
those affected stakeholders to help the address a specific obstacle to addressed.
Department identify requirements that transportation infrastructure projects,
the Department imposes through rules, commenters may submit legislative Scope of Comments
or interpretations found in policy solutions.
The Department is interested in
statements or guidance, that
Content of Comments comments on any DOT requirement that
unjustifiably delay or prevent
The Department will review all unjustifiably delays or prevents surface,
completion of surface, maritime, and
aviation transportation infrastructure comments submitted to the docket maritime, and aviation transportation
projects. The Department’s primary associated with this notice, DOT–OST– infrastructure projects, including
focus is on administrative items that it 2017–0057. To maximize the usefulness requirements contained regulations, or
has the authority to change, but if there of comments, the Department interpretations found in policy
are critical changes that are achievable encourages commenters to provide the statements or guidance documents,
only through legislative action, please following information: issued from the Office of the Secretary
submit proposed legislative changes. 1. Specific reference. A specific of Transportation (OST) and the
Commenters should make legislative reference to the policy statement, following Operating Administrations:
suggestions only if all non-statutory guidance document, regulation, or The Federal Aviation Administration
options have been exhausted. statute that imposes the burden that the (FAA); the Federal Highway
The DOT’s mission is to serve the comment discusses. This should be a Administration (FHWA); the Federal
United States by ensuring a safe, fast, citation to the Code of Federal Railroad Administration (FRA); the
efficient, accessible, and convenient Regulations, a guidance document Federal Transit Administration (FTA);
transportation system that meets the number, or an Internet link. A specific the Maritime Administration (MARAD);
nation’s vital interests and enhances the reference will assist the Department and the Pipeline and Hazardous
quality of life of the American people, identify the requirement, the original Materials Safety Administration
today and into the future. To advance source of the requirement, and relevant (PHMSA).
that mission through financial documentation that may describe the Under this notice, the Department is
assistance and regulatory activity, the history and effects of the requirement. not soliciting petitions for rulemaking.
Department imposes requirements that 2. Description of burden. A
affect the delivery of transportation description of the burden that the Relationship to Other Review Activities
infrastructure projects. Under its identified policy statement, guidance
financial assistance programs, DOT document, regulation, or statute Improvement of regulations is a
places conditions of the receipt and imposes on the completion of continuous focus for the Department.
expenditure of Federal funds. Under its transportation infrastructure projects. A For that reason, DOT regularly and
safety authorities, DOT directly comment that describes how the policy deliberately reviews its rules in
regulates State, local, and individual statement, guidance document, accordance with the Department’s 1979
activities. These assistance conditions regulation, or statute impedes efficient Regulatory Policies and Procedures (44
and safety regulations are intended to project delivery is more useful than a FR 11034), Executive Order (EO) 12866,
satisfy statutory mandates and, when comment that merely asserts that it is EO 13563, and section 610 of the
discretionary, properly balance public burdensome. Comments that reflect Regulatory Flexibility Act. That process
benefits against the burdens that they experience with the requirement and is summarized in Appendix D of the
impose. However, imbalances can arise. provide data describing that experience Department’s semi-annual regulatory
The current benefits may not justify the are more credible than comments that agenda (e.g., 81 FR 94784). In EO 13771
current burdens due to changing are not tied to direct experience. and EO 13777, President Trump
circumstances, incomplete analyses, or Verifiable, quantifiable data describing directed agencies to further scrutinize
other factors. burdens are more useful than anecdotal their regulations. The review described
descriptions. in this notice will supplement the
Request for Input 3. Description of less burdensome Department’s periodic regulatory review
The Department is requesting that alternatives. If the commenter believes and its activities under EO 13771 and
affected stakeholders and the public that the objective that motivated the EO 13777. Unlike those activities, this
submit comments identifying policy statement, guidance document, request for input is narrowly focused on
requirements that the Department regulation, or statute may be achieved identifying and addressing impediments
imposes through rules, or using a less burdensome alternative, the to the completion of transportation
interpretations found in policy commenter should describe that infrastructure projects. The comments
that DOT receives in response to this
asabaliauskas on DSKBBXCHB2PROD with NOTICES

statements or guidance documents, that alternative in detail. Likewise, if the
unjustifiably delay or prevent commenter believes that there is not a notice will inform those other, broader
completion of surface, maritime, and less burdensome alternative or there is activities.
aviation transportation infrastructure not a legitimate objective motivating the Issued on May 30, 2017.
projects. In some circumstances, Federal requirement, then that should be
James Ray,
statute requires the Department, without explained in the comment.
exercising discretion, to issue 4. Examples of affected projects. Senior Advisor for Infrastructure.
regulations implementing specific Examples of projects that are, have been, [FR Doc. 2017–11791 Filed 6–7–17; 8:45 am]
statutory requirements. Because the or will be negatively affected by the BILLING CODE 4910–9X–P

VerDate Sep<11>2014 17:24 Jun 07, 2017 Jkt 241001 PO 00000 Frm 00079 Fmt 4703 Sfmt 9990 E:\FR\FM\08JNN1.SGM 08JNN1

Document Created: 2018-11-14 10:07:23
Document Modified: 2018-11-14 10:07:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for input.
Dates		Comments should be received on or before July 24, 2017. Late- filed comments will be considered to the extent practicable.
Contact		Michael A. Smith, Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, 202-366-2917, [email protected]
FR Citation		82 FR 26734

82 FR 26734 - Transportation Infrastructure: Notice of Review of Policy, Guidance, and Regulation

DEPARTMENT OF TRANSPORTATIONOffice of the Secretary of Transportation

Federal Register Volume 82, Issue 109 (June 8, 2017)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation