DOT Revamps Its Own Rulemaking Process for Efficiency
Published Date: 4/27/2026
Rule
Summary
The Department of Transportation is bringing back and improving the rules about how it makes new regulations, issues guidance, and enforces laws. This affects anyone involved in transportation safety and compliance, updating how decisions are reviewed and enforced. These changes kick in on May 27, 2026, aiming to make the process clearer and more efficient without adding new costs.
Analyzed Economic Effects
6 provisions identified: 6 benefits, 0 costs, 0 mixed.
New Enforcement Petition Rights
Starting May 27, 2026, regulated parties can petition the Department of Transportation General Counsel in administrative proceedings if DOT enforcement personnel violated the procedures in this rule. The General Counsel may provide relief such as removing the enforcement team from the matter, excluding certain evidence or issues, or restarting the enforcement action, but the General Counsel cannot recommend disciplinary action against DOT employees and has discretion whether to review or grant relief.
Guidance Must Include Cost Estimates
As of May 27, 2026, DOT guidance documents must be reviewed for plain language, include a clear statement that they are nonbinding, and include a good-faith cost estimate of their likely economic effects. Significant guidance documents must allow at least a 30-day public comment period unless the agency finds good cause not to do so.
One-In, Ten-Out for Significant Rules
The rule requires that for each new 'significant' regulation issued, DOT must identify at least 10 existing regulatory burdens for revocation (this implements Executive Order 14192). This policy takes effect as part of the final rule on May 27, 2026.
Thresholds for Costly Rulemakings
DOT defines 'economically significant' rulemakings as those with total annualized costs of $100,000,000 or more or a net loss of at least 75,000 full-time jobs in the U.S. over 5 years, and 'high-impact' rulemakings as $500,000,000 or more or a net loss of at least 250,000 full-time jobs over 5 years. For rules meeting these thresholds, DOT will require enhanced procedures, including an advance notice of proposed rulemaking (ANPRM) or a supplemental notice of proposed rulemaking (SNPRM).
Publication of Complaints Used in Rulemakings
Beginning May 27, 2026, DOT will publish material information it relies on for rulemakings, including complaints, or if volume makes that impracticable, summaries of those complaints (see Sec. 5.13(h)(3)(i)). This gives regulated parties and the public notice of the factual material underlying proposed rules so they can comment on accuracy and relevance.
No Significant Small-Entity Costs Certified
DOT certified under the Regulatory Flexibility Act that this rule will not have a significant economic impact on a substantial number of small entities, and expects the one provision creating an express enforcement right to be beneficial to small entities. This certification accompanies the final rule effective May 27, 2026.
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