On May 19, 2022, we released a memorandum providing caselaw illustrating how courts approach each of the statutory factors for waiving, based on "good cause," the notice and comment rulemaking requirement, and describing overarching themes of that "good cause" caselaw.
On May 3, 2022 , DOT posted a revised version of its Rulemaking Handbook. The Rulemaking Handbook is a summary of the administrative law requirements imposed on DOT as it implements its responsibilities for rulemaking.
On April 19, 2022, the Office of the General Counsel issued Guidance on Communication with Parties outside of the Federal Executive Branch (Ex Parte Communications). The guidance provides a means to engage the public and obtain improved data and information to assist the Department in making well-informed decisions, while helping to ensure the integrity of the Department’s decisionmaking process and ensure that the Department provides an equitable opportunity for interested parties to be heard through ex parte communications – including through affirmative outreach, where appropriate.