71714 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Rules and Regulations DEPARTMENT OF TRANSPORTATION procedures for the review and clearance Department’s rulemaking process can be of guidance documents; and (3) a found at 49 CFR 5.5. Office of the Secretary General Counsel memorandum, This final rule reflects the existing ‘‘Procedural Requirements for DOT role of the Department’s Regulatory 14 CFR Parts 11, 300, and 302 Enforcement Actions’’ (February 15, Reform Task Force in the development 2019),3 which clarifies the procedural of the Department’s regulatory portfolio 49 CFR Parts 1, 5, 7, 106, 211, 389, 553, requirements governing enforcement and ongoing review of regulations. and 601 actions initiated by the Department, Established in response to Executive including administrative enforcement Order 13777, ‘‘Enforcing the Regulatory RIN 2105–AE84 proceedings and judicial enforcement Reform Agenda’’ (February 24, 2017), Administrative Rulemaking, Guidance, actions brought in Federal court. the Regulatory Reform Task Force is the and Enforcement Procedures This final rule removes the existing Department’s internal body, chaired by procedures on rulemaking, which are the Regulatory Reform Officer, tasked AGENCY: Office of the Secretary of outdated and inconsistent with current with evaluating proposed and existing Transportation (OST), U.S. Department departmental practice, and replaces regulations and making of Transportation (DOT). them with a comprehensive set of recommendations to the Secretary of ACTION: Final rule. procedures that will increase Transportation regarding their transparency, provide for more robust promulgation, repeal, replacement, or SUMMARY: This final rule sets forth a public participation, and strengthen the modification, consistent with applicable comprehensive revision and update of overall quality and fairness of the law. This final rule outlines the the Department’s regulations on Department’s administrative actions. structure, membership, and rulemaking procedures and consolidates This final rule also responds to a responsibilities of the Regulatory all of the Department’s existing December 20, 2018, petition for Reform Task Force at 49 CFR 5.9. administrative procedures in one rulemaking that we received from the This final rule also prescribes the location. This final rule also New Civil Liberties Alliance that asked procedures the Department must follow incorporates and reflects the the Department to promulgate for all stages of the rulemaking process, Department’s current policies and regulations prohibiting departmental including the initiation of new procedures relating to the issuance of components from issuing, relying on, or rulemakings, the development of rulemaking documents. In addition, this defending improper agency guidance. economic analyses, the contents of update codifies the Department’s rulemaking documents, their review and internal procedural requirements Rulemaking Procedures clearance, and the opportunity for fair governing the review and clearance of This final rule incorporates into the and sufficient public participation. The guidance documents and the initiation Code of Federal Regulations at 49 CFR final rule also reflects the Department’s and conduct of enforcement actions, part 5, subpart B, the policies and existing policies regarding contacts with including administrative enforcement procedures found in DOT Order 2100.6, outside parties during the rulemaking proceedings and judicial enforcement titled: ‘‘Policies and Procedures for process as well as the ongoing review of actions brought in Federal court. Rulemakings.’’ All citations to OST or existing regulations. These policies and procedures can be found at 49 CFR 5.11, DATES: Effective on January 27, 2020. OA regulations in this preamble refer to 5.13, and 5.19. FOR FURTHER INFORMATION CONTACT: Jill sections of the Code of Federal Regulations as amended by this final Consistent with the Department’s Laptosky, Office of Regulation, Office of regulatory philosophy that rules the General Counsel, 202–493–0308, rule. The procedures contained in this final imposing the greatest costs on the [email protected]. rule apply to all phases of the public should be subject to heightened SUPPLEMENTARY INFORMATION: This final Department’s rulemaking process, from procedural requirements, this final rule rule substantially incorporates three advance notices of proposed also incorporates the Department’s internal administrative procedure rulemakings to the promulgation of final enhanced procedures for economically directives of the U.S. Department of rules, including substantive rules, rules significant and high-impact Transportation (the Department or DOT) of interpretation, and rules prescribing rulemakings. Economically significant into one place in the Code of Federal agency procedures and practice rulemakings are defined as those rules that would result in a total annualized Regulations (CFR) at 49 CFR part 5: (1) requirements applicable to outside cost on the U.S. economy of $100 DOT Order 2100.6, ‘‘Policies and parties. The final rule outlines the million or more, or a total net loss of at Procedures for Rulemakings’’ (December Department’s regulatory policies, such 1 least 75,000 full-time jobs in the United 20, 2018), which sets forth updated as ensuring that there are no more States over 5 years. 49 CFR 5.17(a)(1). policies and procedures governing the regulations than necessary, that where High-impact rulemakings would result development and issuance of they impose burdens, regulations are in a total annualized cost on the U.S. regulations by the Department’s narrowly tailored to address identified economy of $500 million or more, or a operating administrations and market failures or statutory mandates, total net loss of at least 250,000 full-time components of the Office of the and that they specify performance jobs in the United States over 5 years. Secretary; (2) a General Counsel objectives when appropriate. These and 49 CFR 5.17(a)(2). These costly memorandum, ‘‘Review and Clearance other policies applicable to the of Guidance Documents’’ (December 20, rulemakings may be subject to enhanced 2 rulemaking procedures, such as advance 2018), which establishes enhanced at https://www.transportation.gov/regulations/2018- guidance-memorandum. notices of proposed rulemakings and 1 See U.S. Department of Transportation, DOT 3 See U.S. Department of Transportation, formal hearings. The procedures for Order 2100.6, ‘‘Policies and Procedures for ‘‘Procedural Requirements for DOT Enforcement economically significant and high- Rulemakings,’’ available at https:// Actions,’’ available at https:// impact rulemakings are provided at 49 www.transportation.gov/regulations/2018-dot- www.transportation.gov/sites/dot.gov/files/docs/ rulemaking-order. mission/administrations/office-general-counsel/ CFR 5.17. 2 See U.S. Department of Transportation, ‘‘Review 331596/c1-mem-enforcement-actions-signed- While much of part 5 is outdated in and Clearance of Guidance Documents,’’ available 21519.pdf. light of the Department’s new VerDate Sep<11>2014 21:44 Dec 26, 2019 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27DER4.SGM 27DER4 jbell on DSKJLSW7X2PROD with RULES4 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Rules and Regulations 71715 procedures, this final rule will retain part 5, subpart C, the policies and appropriate and practicable. The final and revise some procedures. The procedures found in the General rule also provides a process for Department’s existing procedures for the Counsel’s memorandum, titled: ‘‘Review interested parties to petition the filing of rulemaking petitions will be and Clearance of Guidance Documents.’’ Department for the withdrawal or retained (see 49 CFR 5.13(c)), though we The procedures contained in this final modification of guidance documents. are revising these regulations to give the rule apply to all guidance documents, See 49 CFR 5.43. public greater opportunities to petition which the Department defines as any This final rule also responds to the Department. In addition to petitions statement of agency policy or Executive Order 13891, titled: for rulemaking, our procedures will also interpretation concerning a statute, ‘‘Promoting the Rule of Law Through explicitly allow the public to file regulation, or technical matter within Improved Agency Guidance petitions for the performance of the jurisdiction of the agency that is Documents’’ (October 9, 2019). In that retrospective regulatory reviews. With intended to have general applicability Executive Order, Federal agencies are regard to direct final rules, the and future effect, but which is not required to finalize regulations, or Department will be removing language intended to have the force or effect of amend existing regulations as necessary, that requires the withdrawal of a direct law in its own right and is not otherwise to set forth processes and procedures for final rule if a notice of intent to file an required by statute to satisfy the issuing guidance documents.5 This final adverse comment is received; instead rulemaking procedures of the rule incorporates requirements found in withdrawal will be required upon the Administrative Procedure Act. the Executive Order that were not This final rule codifies the actual receipt of an adverse comment. otherwise provided for in the Department’s existing procedures Individuals who intend to file an Department’s existing procedures,