Public Feedback on DOT Guidance Documents

Public Guidance Dockets. 

DOT uses the Federal Docket Management System (FDMS) for its public interface for such things as rulemaking and adjudication.  We have created a subcategory in FDMS for “Guidance.”  We use this part of FDMS for public feedback or comments on any DOT guidance documents in accordance with the following procedures:

Economically Significant Guidance. 

In accordance with the OMB Bulletin, we will seek and respond to public comments on a draft of any economically significant guidance.  We will create a docket in the “Guidance” section of FDMS for any such draft guidance document. As with proposed rules, we will provide instructions about filing comments with the draft guidance document, including the deadlines for submissions. Our response to any comments received will be placed in the same docket. Any final guidance document – with any appropriate changes in response to the public comments – will be placed in the docket also. Please note that our provision of notice and an opportunity for public comment does not make any final document legally binding on the public; a guidance document does not have the force and effect of law. 

Other Guidance Documents.

Although the OMB Bulletin does not require us to seek comment on other guidance documents, we may voluntarily do so. DOT has sought comment on many draft guidance documents in the past, and we will continue to do so in the future when we deem it appropriate. We will place a copy of the guidance document on which we are seeking comments in FDMS and use it for the filing of any comments when we do so.

Comments or Requests on Guidance Documents.

DOT welcomes public comments on any significant guidance document that we have issued that is currently in effect, even if we have not specifically requested comment. We also welcome public requests for us to issue, reconsider, modify, or rescind significant guidance documents. Links to the lists of all of DOT’s significant guidance currently in effect are provided within this website. The lists contain links to each of the actual guidance documents.  If we have not specifically requested comments, we will create a docket for a guidance document if and when comments or requests are received concerning that document.  Please note that we are not required to respond to public comments on non-economically significant guidance documents, but if a response is requested, we believe it is warranted (e.g., we may have already placed  in the docket a response to the same comment from someone else), and we have the resources to do so, we will respond.

Submission of Comments or Requests

• Electronic Submissions. To provide comments or requests electronically, you may go to the particular docket for which you wish to submit comments at http://www.regulations.gov .  If you do not find an existing docket for the guidance document on which you wish to submit a comment or a request, check the "Lists of Significant Guidance Documents."  If a docket has not been created yet for the specific guidance document, submit the comment or request to docket no. DOT-OST-2007-0003.  This is a special docket for comments or requests on a guidance document for which a docket has not been created yet.  A new docket number will them be created by DOT staff for the guidance document for which you are submitting a comment or request. 
For more information on how to submit comments or requests, visit the DOTs website http://docketsinfo.dot.gov/ .

• Mail or Hand-Delivery.  For those who cannot or do not want to use electronic submission, mail or deliver your comments or requests to:

U.S. Department of Transportation

Docket Operations, M-30

Room W12-140

1200 New Jersey Avenue, S.E.

Washington, D. C. 20590

To the extent that it is appropriate and feasible, we will add a link from each significant guidance document that we have posted on the web and on which comments have been submitted to the FDMS docket containing those comments.  

Notifications. 

FDMS provides electronic notifications that allow users to sign up to receive an email notification when a DOT agency places a document in the docket. To sign up to receive an electronic notification, you must go into FDMS and search by the number of the particular docket(s) you are interested in.  Once in the docket, follow the instructions to sign up for the notification.