On May 5, 2021, the Department issued a Request for Information (RFI) seeking public comment on whether existing Department regulations and other agency actions are consistent with the policies and National objectives set forth in Executive Orders 13990 and 13992. The comment period on this RFI closed June 4, 2021, view the submitted comments. DOT is currently reviewing all of the comments submitted (view summaries) to determine what actions the Department might take consistent with the Executive Orders.
On June 7, 2021, Secretary Buttigieg issued DOT Order 2100.6A on “Rulemaking and Guidance Procedures.” The Order sets forth updated policies and procedures governing the development and issuance of regulations and guidance documents by the U.S. Department of Transportation.
On March 24, 2021, Secretary Buttigieg issued a final rule on Administrative Rulemaking, Guidance, and Enforcement Procedures. This final rule removes the Department's internal policies and procedures relating to the issuance of rulemaking and guidance documents from the Code of Federal Regulations. In addition, this final rule removes regulations concerning the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court.
Regulatory Review Pursuant to Executive Orders 13990 and 13992
On January 20, 2021, the President issued Executive Order (E.O.) 13990, entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” and E.O. 13992, “Revocation of Certain Executive Orders Concerning Federal Regulation.”
E.O. 13990 directs federal agencies to immediately review all existing regulations, orders, guidance documents, policies, and any other agency actions promulgated, issued, or adopted between January 20, 2017 and January 20, 2021, that are or may be inconsistent with, or present obstacles to, the policies laid out in E.O. 13990.
E.O. 13992 sets forth the Administration’s policy to use available tools to confront urgent challenges facing the nation, including the COVID-19 pandemic, economic recovery, racial justice, and climate change. To effectuate this policy, E.O. 13992 revokes certain Executive Orders and directs agencies to rescind regulations implementing or enforcing those Executive Orders.
The Department has taken steps to implement these Executive Orders on several fronts. E.O. 13990 directs the Department of Transportation (Department) to consider suspending, revising, or rescinding two rules, and the Department is currently reviewing these rules:
- “The Safer Affordable Fuel-Efficient (SAFE I) Vehicles Rule Part One: One National Program” (84 FR 51310, September 27, 2019); and
- “The Safer Affordable Fuel-Efficient (SAFE II) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks,” (85 FR 24174, April 30, 2020).
The President also directed the Department to review the agency action “Hazardous Materials: Liquefied Natural Gas by Rail,” and the Department has issued a non-exclusive list of additional rules that the Department will review pursuant to Executive Order 13990:
- “Pipeline Safety: Gas Pipeline Regulatory Reform,” (86 FR 2210, January 11, 2021);
- “Administrative Rulemaking, Guidance, and Enforcement Procedures,” (84 FR 71714, December 27, 2019);
- “Environmental Impacts and Related Procedures,” (83 FR 54480, October 29, 2018);
- “Program for Eliminating Duplication of Environmental Review,” (85 FR 84213, December 28, 2020); and
- “National Performance Management Measures; Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement Program,” (83 FR 24920, May 31, 2018).
The Department is currently undertaking a review of these rules. For additional information on the Department’s recent rulemaking activity and current plans for the upcoming year, see the Department’s Spring 2021 Agenda.