The U.S. Department of Transportation (USDOT) announced today that it has initiated a review of its existing policies, guidance documents and regulations to identify “unnecessary obstacles to” transportation infrastructure projects. The USDOT has requested stakeholders and the public help identify non-statutory requirements that should be removed or revised by submitting comments by July 24, 2017.

As the Trump administration rolls out its infrastructure plans, it has repeatedly emphasized the need to reduce the time it takes to get federal permits and approvals, famously displaying the lengthy list of agencies and steps involved in the environmental review and permitting process.

The current administration is not alone in making this criticism. The lengthy project approval times are a common complaint, and one that crosses party lines. The Obama administration undertook several initiatives to expedite project approvals, such as creation of the permitting dashboard, and the most recent surface transportation legislation—the FAST Act—included a number of provisions intended to achieve this goal. The George W. Bush administration also sought to streamline environmental reviews for infrastructure projects through executive orders and other actions.

The USDOT’s request for input on these issues presents an opportunity for interested stakeholders to identify specific administrative and regulatory requirements that impede project development and approvals and to present ideas on how these impediments can be eliminated. Although the USDOT is primarily seeking proposals for administrative changes, it also has invited commenters to submit recommendations for legislative changes “if non-statutory changes are insufficient to address a specific obstacle to transportation infrastructure projects.” 

Comment Period Open Until July 24, 2017

DOT is seeking the following information from commenters:

• Specific references to the policy statement, guidance document, regulation or statute that imposes the unnecessary burden
• A description of the burden and how the policy, guidance or rule imposes, including data and specific examples
• A description of less burdensome alternatives
• Examples of affected projects

The comments can address any DOT requirement that unjustifiably delays or prevents surface, maritime and aviation projects, whether issued by the Office of the Secretary of Transportation or any of the modal administrations. Comments are due by July 24, 2017. 

© 2017 Perkins Coie LLP