On Feb. 16, DOT published a Federal Register notice announcing its intent to review “its existing regulations to evaluate their continued validity and determine whether they are crafted effectively to solve current problems.”

The announcement follows President Obama’s Jan. 18, 2011, Executive Order directing each executive branch agency to review its significant regulations and determine if they are “outmoded, ineffective, insufficient, or excessively burdensome.”

The president reiterated the need for a transparent regulatory process in his Executive Order, and the DOT Federal Register notice explains how the review process will be more effective if conducted with the input of those affected by the regulations. The Executive Order requires DOT to submit a preliminary plan to analyze its existing rules and the department intends to use comments received in this process to inform its preliminary plan.

DOT has specifically asked for comments concerning:
* How best to evaluate and analyze regulations;
* How to determine the costs, burdens, and benefits of existing regulations;
* Whether there are means for DOT to measure the effects of rules over time;
* Whether DOT’s current process for periodically reviewing regulations is effective; and
* How DOT should prioritize regulations for review.

DOT should receive comments on or before April 1, 2011, to ensure their proper consideration. APTA will submit comments based on the consensus positions of its members and has asked for initial input as soon as possible to ensure its members have adequate time to review draft comments on this vital rulemaking. Input and questions should be addressed to APTA’s chief counsel and vice president-corporate affairs, Jim LaRusch.