The DOT has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866 ("Regulatory Planning and Review") and section 610 of the Regulatory Flexibility Act to conduct such reviews. In the review of our rules, we also consider the need to rewrite existing rules using plain language. Our review plan is published in Appendix D to our Semiannual Regulatory Agenda. The actions we are taking are described there in more detail.
Section 610 Review Plan
Section 610 of the Regulatory Flexibility Act requires that we conduct reviews of rules that (1) have been published within the last 10 years and (2) have a "significant economic impact on a substantial number of small entities" (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of DOT's Operating Administrations have a 10-year review plan in accordance with section 610.
Other Review Plan(s)
All elements of the Department, except for the Federal Aviation Administration (FAA), also use this 10-year plan process to comply with the review requirements of the Department's Regulatory Policies and Procedures and Executive Order 12866. The FAA plan is described under DOT's Review Process.
Changes to the Review Plan
Some reviews may be conducted earlier or later than scheduled. For example, events -- such as accidents -- may result in the need to conduct earlier reviews of some rules. We also might make changes in response to public comment on this plan or in response to a Presidentially-mandated review. If there is any change to the review plan, we will note the change in the next Regulatory Agenda. For any section 610 review, we will provide the required notice prior to review.