Regulatory Alert: DOT Requests Feedback on Implementation of Deregulation Initiatives

DOT Requests Feedback on Implementation of Deregulation Initiatives
April 3, 2025

Today, the U.S. Department of Transportation (DOT) published a “request for information” (RFI) that seeks comments and information to assist the department in identifying regulations, guidance, paperwork requirements, and any other regulatory obligations that can be modified or repealed. The RFI is intended to assist DOT with reviewing existing regulations, guidance, and paperwork requirements and a major step toward implementing two executive orders issued by President Trump that are focused on deregulation.
 
As we highlighted in our March 24 Regulatory Alert, AAAE recently shared with DOT and FAA leadership regulatory reform recommendations that can be swiftly implemented without congressional action and in accordance with President Trump’s executive orders. AAAE’s document, “Commonsense Recommendations for Regulatory Reform,” includes over 30 policy recommendations that are collectively focused on eliminating FAA overregulation of airport capital improvement plans, streamlining airport infrastructure project review and approval processes, making meaningful reforms to the NEPA review process, and reducing unnecessary regulatory burdens and costs. Yesterday, AAAE hosted a webinar to discuss the recommendations, and you can watch a recording here.
 
We strongly encourage airport sponsors to consider filing comments and sharing feedback on how DOT and FAA requirements inhibit development projects or result in unnecessary costs. The recommendations that we have already submitted reflect extensive input we received from our membership and may be used by members to prepare their own comments. The deadline for airport sponsors and the public to submit feedback is Monday, May 5.
 
Background. In the first month of his administration, President Trump has made it a clear priority to advance a deregulatory agenda through two executive orders:

• 10-for-1 Deregulatory Order. Each agency must ensure that at least 10 existing regulations or guidance documents are repealed if the agency seeks to promulgate a new regulation or guidance document. In addition, the order effectively requires agencies to significantly reduce the overall cost of regulatory compliance across the federal government.
  
  
• Identifying Regulations/Guidance for Repeal or Modification. Each agency must review and identify for repeal or modification any regulations or guidance documents that are, among other things, inconsistent with the agency’s statutory authority, imposing significant costs on industry relative to their benefits, or significantly and unjustifiably impeding infrastructure development.

Summary of DOT’s Request for Information. In response to the two executive orders on deregulation, DOT issued the RFI to obtain public comment on how best to “achieve meaningful burden reduction while continuing to achieve DOT’s legal obligations, safety mission, and regulatory objectives.” The department has requested that commenters (a) identify the specific regulation, guidance, or reporting requirement at issue; (b) provide an explanation of why the regulation, guidance, or reporting requirement should be modified, streamlined, or repealed; and (c) suggest ways DOT can do so while achieving its regulatory objectives. DOT also included a dozen different questions to help commenters develop ideas or suggestions.
 
How AAAE Members Can Respond. For over the past month, AAAE conducted extensive outreach with our membership to generate recommendations that we could share with DOT and FAA to help advance the priorities and policies established in the Trump administration’s deregulation executive orders. Last week, we delivered over 30 policy recommendations in 14 different areas, focusing on actions that DOT and FAA can implement today without congressional action.
 
We strongly encourage airport sponsors to review AAAE’s recommendations and consider filing their own comments in response to DOT’s RFI. Such comments could echo the same or similar positions that we have taken; share specific examples, data, or experiences that support AAAE’s recommendations; or provide additional suggestions for DOT and FAA to consider implementing.
 
What’s Next? DOT has requested feedback from the public no later than Monday, May 5. The department has provided two primary options for filing comments: (a) submit comments through regulations.gov using a docket ID number of DOT-OST-2025-0026, or (b) send an email to transportation.regulatoryinfo@dot.gov. Please reach out to Justin Barkowski if you have any questions or would like support developing a response to the RFI.
 
Resources on Deregulation Initiatives

• DOT’s April 3 Request for Information on Reducing Regulation and Controlling Costs
• AAAE’s April 2 Webinar on DOT/FAA Regulatory Reform Recommendations (Webinar Recording and Slide Deck)
• AAAE’s “Commonsense Recommendations for Regulatory Reform” (March 2025)
• AAAE’s March 24 Regulatory Alert on DOT/FAA Regulatory Reform Recommendations
• AAAE’s February 20 Regulatory Alert on Executive Order Directing Agencies to Identify Regulations for Repeal or Modification
• AAAE’s February 3 Regulatory Alert on Executive Order Directing Agencies to Take Deregulatory Action