The United States Department of Transportation (DOT) has launched a searchable online portal for all guidance documents issued by the DOT and its nine operating administrations. The Guidance Portal is available here.
The impetus behind the DOT’s launch of this Guidance Portal is found in Executive Order 13891 titled “Promoting the Rule of Law Through Improved Agency Guidance Documents,” which was signed on October 9, 2019. The Executive Order directs each federal agency to establish or maintain on its website a single, searchable, indexed database that contains or links all guidance documents in effect from that agency or its components. The Office of Management and Budget (OMB) subsequently issued Memorandum M-20-02 requiring all federal agencies to establish such databases by February 28, 2020.
The Guidance Portal permits easy-to-use access of all informal guidance available from the agency. These materials do not carry the force of law and may not be cited, however, although they carry tremendous value for internal teams tasked with operations compliance. For example, informal guidance serves to explain the current administration’s interpretation of existing laws and regulations as well as their application to particular facts and circumstances. This viewpoint is priceless when building compliance programs, developing incident responses, and preparing to defend enforcement actions.
Jonathan Todd is a partner with Benesch’s Transportation & Logistics Practice Group. He may be reached at (216) 363-4658 or jtodd@beneschlaw.com.