The Office of Secretary of Transportation published a Notice in the Federal Register on February 5th seeking public comment on whether departmental guidance documents should be updated. For PHMSA, these guidance documents include Frequently Asked Questions, Enforcement Guidance, Letters of Interpretation and Advisory Bulletins. These documents can serve a number of purposes including: (1) Clarifying the pertinent statutory and regulatory requirements; (2) assisting with statutory and regulatory compliance; and (3) communicating the Department’s position on an issue. DOT recognizes that in some instances, even non-binding guidance may spur cost-inducing actions by regulated entities. DOT also recognizes that some guidance documents may need to be rescinded or updated to reflect developments, such as technological changes, that took place after the guidance was issued.
DOT is requesting public comment for existing guidance documents that
- are no longer necessary;
- spur cost inducing action by the regulated entities;
- are inconsistent or unclear;
- may not be conducive to uniform or consistent enforcement; or
- need to be updated to reflect developments that have taken place since the guidance was issued.
For more information or to submit comments, go to Docket DOT–OST–2017–0069 here.