Maintenance and Scoping

We approve of the Department’s reinforced instructions to maintain access where required by statute and regulation. While we may take issue with the scoping and safe harbor provisions elsewhere, we agree with the logic that where, pursuant to such provisions as are adopted, scoping is reduced, it makes sense that the maintenance obligation is reduced accordingly. However, in order to reduce conflict or confusion, we urge the Department to list the specific elements affected by any reduction in scoping.