ACUS Workshop on Retrospective Review of Existing Regulations Planning an Agency’s Review

1. ACUS Workshop on Retrospective Review of Existing Regulations Planning an Agency’s Review Neil Eisner Assistant General Counsel Department of Transportation March 10, 2011

2. Background

3. “Regular” vs. “Special” Reviews • Regular reviews • Required by statute, executive order, and agency order • DOT has 10-year, “rolling” review • Special reviews; e.g.: • Presidents/other officials mandate special, short-term reviews, such as EO 13563 • Public petitions • Post-accident/incident analysis • Reaction to requests for interpretations

4. Not Simple and Easy • Not just read and decide; public participation, research, and analysis may be necessary • E.g., FAA aircraft certification regulations review • 11 of 73 FAA CFR parts • ≈2,000 public suggestions • Public hearings and other steps to narrow • 8 NPRMs, ≈ 200 pages each, ≈ 600 proposed changes • 9 final rules, ≈ 200 pages each, ≈ 500 changes adopted • 8 years to complete • E.g., NHTSA major statistical evaluations of rules • 75 -100 pages, 1,ooo – 2,ooo FTE hours, 1 – 2 years to complete

5. E.O. 13563

6. Time and Resources Significant constraints Obtain and retain senior-level involvement Involve public early through simple notices Solicit ideas from non-regulatory agency staff (e.g., enforcement staff and data analysts) Each agency has to tailor actions to specific responsibilities (e.g., type of entities regulated)

7. Public Participation Federal Register +press announcements, web notices, and mass emails Written comments + IdeaScale Public meeting(s) + webcasting and phone lines Website for quick/easy access to information Time for hearing registration, length of comment period, etc. STRESS: existing rules, existing rules, existing…

8. Early Planning for Effective Implementation Effective methods for identifying good review candidates and list of rules Questions for agency and public to consider More on that during implementation panel

9. Conclusion