OMB Approves DOT Rulemaking Procedure Final Rule

Yesterday the OMB’s Office of  Information and Regulatory Affairs (OIRA) announced that it had approved a final rulemaking from the DOT’s Office of the Secretary on “Administrative Rulemaking, Guidance, and Enforcement Procedures”. The final rule was sent to OMB on February 24^th, 2026. The notice of proposed rulemaking (NPRM) was published on May 16^th, 2025.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“This rulemaking would reinstate and expound upon procedural reforms for the Department’s rulemakings, guidance documents, and enforcement actions rescinded by a final rule published by the Department on April 2, 2021, Administrative Rulemaking, Guidance, and Enforcement Procedures (86 FR 17292). Accordingly, this proposed rule would revise and update the Department’s internal policies and procedures relating to the issuance of rulemaking documents. In addition, this rulemaking would update the Department’s procedural requirements governing the review and clearance of guidance documents, and the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court.”

As this final rule outlines essentially internal rules for DOT, I do not expect to cover this in any detail when it is published in the next week of two. At a minimum, I will note its publication in the appropriate Short Takes post.