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U.S. DOT Continues to Lead Regulatory Reform Through Issuance of Two New Policies

Friday, December 21, 2018

WASHINGTON – Today, the Department released two new policies to overhaul its administrative procedures and effect regulatory reform.  These policies, issued by the General Counsel, apply to all guidance and rulemaking activities conducted by all components of the Department.

The first is an Order that updates policies and procedures governing the development and issuance of regulations.  Among its major improvements, the Order permanently incorporates the Trump Administration’s regulatory reform strategies into the Department’s procedures, including the “2-for-1,” regulatory budgeting, and Regulatory Reform Task Force requirements.  The Order also includes enhanced procedures for the issuance of rules that are likely to impose exceptionally significant costs. 

A primary goal of the Department is to allow the public to understand how decisions are made.  Above all, transparency and meaningful engagement mandate that regulations should be straightforward, clear, and accessible to any interested stakeholder.  The Department also embraces the notion that there should be no more regulations than necessary and existing regulations are rigorously reviewed.

The second is a Memorandum that establishes enhanced procedures for the review and clearance of guidance documents.  The Memorandum ensures that guidance documents remain lawful, reasonable, consistent with Administration policy, understandable, readily accessible to the public, and do not impose hidden costs on regulated entities.

Together, these documents represent a significant update and strengthening of the Department’s regulatory practices.

The Order is available here: https://www.transportation.gov/regulations/2018-dot-rulemaking-order.

The Memorandum is available here: https://www.transportation.gov/regulations/2018-guidance-memorandum.

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