AASHTO Offers Regulatory Feedback to USDOT

The American Association of State Highway and Transportation Officials recently provided the U.S. Department of Transportation with feedback on how to reduce the regulatory burdens states face.

[Above image by AASHTO]

That feedback results from a request for information filed by USDOT in April that seeks to reduce the number of regulations and control regulatory costs in the transportation space.

“Many regulations and guidance issued by USDOT modal administrations are more prescriptive than authorizing legislation requires,” AASHTO noted in a 15-page comment letter filed with the agency on May 5.

USDOT’s Washington, D.C., headquarters. Photo by AASHTO.

“USDOT should consider the impact of regulations that are redundant, create duplicative processes, and do not reflect the intent of Congress as written in statute,” the organization added. “AASHTO supports ongoing dialogue between USDOT and state departments of transportation to identify opportunities for streamlining and improving regulatory implementation [though] cost benefits, data, and timelines can vary between states.”

AASHTO also noted in its letter that executive branch agencies should look to reduce regulatory burden whenever possible by removing “prescriptive requirements” and allowing states to implement federal requirements where possible.

“Opportunities include permitting reform, building upon NEPA [National Environmental Policy Act] assignment to states, and limiting state DOT assumption of federal responsibilities under the Stewardship and Oversight agreements with the Federal Highway Administration only to Title 23 rather than all federal laws, regulations, policies, Executive Orders, and procedures.”

Additionally, AASHTO said there are regulations required in current statutes that would have a positive impact on the delivery of transportation projects that have not yet been fully implemented.

“With a large volume of federal regulations, guidance, and reporting requirements, the primary issues are simplicity and consistent application,” the organization said. “There are likely dozens of areas for improvement, from the smallest change in input fields to application of an entire statute. And AASHTO fully supports strategies and policies that can efficiently translate federal investment into transportation projects and programs into benefits for the American public – on time and on budget.”

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