US-DOT Just Got Thousands of Comments from the Public
By Ken Klein, executive vice president of the Outdoor Advertising Association of America, OAAA
When US-DOT asked for comments about its regulations, I was curious to see the file.
Two quick points:
- My assumptions were off
- I read the whole file (so you don’t have to)
When a federal agency seeks comments, it opens a “docket,” an electronic in-basket for gripes, applause, and occasional profanity.
US-DOT, under new management with President Trump and Secretary Elaine Chao, is reviewing its regulations, seeking input from the public.
I figured that someone, somewhere would comment about billboards, but I was wrong. In a positive way, this federal docket burst my billboard bubble. We may think about billboards all the time, but government and the public focus on other topics.
If it’s not billboards, what is #1?
By December 1, 2017, when the feds closed this docket for comments, US-DOT got nearly 3,000 comments. Most were from truckers arguing for/against a new federal rule requiring electronic logging devices (ELD), scheduled to take effect December 18, 2017.
Pro: ELDs enhance safety, get rid of paper logs, and stop cheating about hours of service
Con: ELDs do not enhance safety, cost too much, and invade privacy.
This issue is hot, billboards are not. On December 4, truck drivers held protests in 40 locations nationwide. Twenty senators sent a letter calling for delay.
Meanwhile . . . another busted assumption. I thought “APA” stands for American Planning Association. But in this case APA is the American Pyrotechnics Association, which opposes over-regulation during the July Fourth holiday “when our members rely upon over 3,600 rental trucks.”
Boom.
What do State DOTs say?
State DOTs commented about paperwork (there’s too much), environmental reviews (cumbersome) and air service to small communities (there’s not enough).
What do environmentalists want?
Clear air.
The three-page, single-spaced letter from Sierra Club, Natural Resources Defense Council and 11 like-minded groups does not mention billboards.
These groups want fuel/engine standards to reduce emissions. Ditto from the BlueGreen Alliance; its eight-page letter to Secretary Chao also supports pipeline safety.
Did anybody say anything about signs?
A state rep from Pennsylvania opposes federal regulations on street signs; he wants state and local control over street sign design.
If you read all these comments, what surprised you?
Hick-ups on “Buy America” requirements.
The Regional Transportation Commission in Washoe County, NV: federal Buy America requirements on relocating utilities “is costly and unnecessary, and delays project construction.”
Ouch.
Road builders say Buy America rules should be enforced with “common sense” (translate: with waivers).
Conclusion
The President campaigned on infrastructure, touting a trillion-dollar plan. The Administration is likely to roll out a bill next year, after Congress deals with tax reform.
One federal rule that could be up for elimination: the “Bonus” program that gave more money to states for stricter regulation of billboards. Some states have actively supported repeal.
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