DOT ISSUES NPRM WITH PROCEDURAL REFORMS TO RULEMAKINGS AND ENFORCEMENT ACTIONS
June 4, 2025
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On May 16, 2025, DOT issued a Notice of Proposed Rulemaking (“NPRM”) which reinstates rules related to rulemakings, guidance documents, and enforcement actions previously rescinded in 2021. If finalized, this NPRM would significantly alter how DOT conducts enforcement actions and promulgates agency rulemaking. By updating DOT’s internal policies and revising procedural requirements, this NPRM would offer those subjected to DOT’s regulatory authority greater due process protections and procedural remedies during enforcement actions, such as petitioning DOT’s general counsel, if DOT personnel committed a procedural violation. Stakeholders could also benefit from required disclosures of evidence within DOT’s possession even if carriers do not specifically request such disclosure. Required disclosure to carriers facing enforcement actions could assist in prompt adjudication of alleged violations and ensure fair notice to all parties involved. DOT issued this NPRM planning to codify the internal procedures contained therein and provide the public with a comprehensive source for this information.
A few proposed reforms include:
- Ensuring that there are no more regulations than necessary;
- Narrowly tailoring regulations to minimize potential burdens;
- Reestablishing DOT’s Regulatory Reform Task Force to make recommendations to the Secretary of Transportation;
- Defining procedures which DOT must follow during all stages of the rulemaking process;
- Reinstating heightened procedural requirements for “economically significant” or “high impact” rulemaking;
- Allowing the public to file petitions for retrospective regulatory reviews of existing rules and guidance documents;
- Updating enforcement procedures to reflect DOT’s commitment to proper due process; and
- Permitting those subject to enforcement actions to file a petition for a determination on whether DOT personnel violated regulatory provisions with respect to the adjudication of an enforcement action.
Comments must be received by June 16, 2025. If you would like to comment, please let us know.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com, Jay Julien at 202.659.6648 or jjulien@eckertseamans.com; or Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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