82 FR 24582 - Reducing Regulation and Controlling Regulatory Costs

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 102 (May 30, 2017)

As part of its implementation of Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' issued by the President on January 30, 2017, the Department of Energy (DOE) is seeking comments and information from interested parties to assist DOE in identifying existing regulations, paperwork requirements and other regulatory obligations that can be modified or repealed, consistent with law, to achieve meaningful burden reduction while continuing to achieve the Department's statutory obligations.

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Proposed Rules]
[Pages 24582-24583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10866]


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DEPARTMENT OF ENERGY

2 CFR Chapter IX

5 CFR Chapter XXIII

10 CFR Chapters II, III and X

41 CFR Chapter 109

48 CFR Chapter 9


Reducing Regulation and Controlling Regulatory Costs

AGENCY: Office of the Secretary, Department of Energy.

ACTION: Request for information (RFI).

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SUMMARY: As part of its implementation of Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' issued by the 
President on January 30, 2017, the Department of Energy (DOE) is 
seeking comments and information from interested parties to assist DOE 
in identifying existing regulations, paperwork requirements and other 
regulatory obligations that can be modified or repealed, consistent 
with law, to achieve meaningful burden reduction while continuing to 
achieve the Department's statutory obligations.

DATES: Written comments and information are requested on or before July 
14, 2017.

ADDRESSES: Interested persons are encouraged to submit comments, 
identified by ``Regulatory Burden Reduction RFI,'' by any of the 
following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include ``Regulatory Burden 
RFI'' in the subject line of the message.
    Mail: U.S. Department of Energy, Office of the General Counsel, 
1000 Independence Avenue SW., Room 6A245, Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Daniel Cohen, U.S. Department of 
Energy, Office of the General Counsel, 1000 Independence Avenue SW., 
Washington, DC 20585. Telephone: (202) 586-5000. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On January 30, 2017, the President issued 
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs.'' That Order stated the policy of the executive branch is to be 
prudent and financially responsible in the expenditure of funds, from 
both public and private sources. The Order stated it is essential to 
manage the costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations. Toward that 
end, for fiscal year 2017, E.O. 13771 requires:
    (1) ``Unless prohibited by law, whenever an executive department or 
agency . . . publicly proposes for notice and comment or otherwise 
promulgates a new regulation, it shall identify at least two existing 
regulations to be repealed.'' Sec. 2(a).
    (2) ``For fiscal year 2017, . . . the heads of all agencies are 
directed that the total incremental cost of all new regulations, 
including repealed regulations, to be finalized this year shall be no 
greater than zero, unless otherwise required by law or consistent with 
advice provided in writing by the Director of the Office of Management 
and Budget . . . .'' Sec. 2(b).
    (3) ``In furtherance of the requirement of subsection (a) of this 
section, any new incremental costs associated with new regulations 
shall, to the extent permitted by law, be offset by the elimination of 
existing costs associated with at least two prior regulations.'' Sec. 
2(c).
    Further, the Executive Order requires that for fiscal year 2018, 
and for each fiscal year thereafter, the head of each agency shall 
identify, for each regulation that increases incremental cost, 
offsetting regulations, and provide the agency's best approximation of 
the total costs or savings associated with each new regulation or 
repealed regulation. During the Presidential budget process beginning 
in fiscal year 2018 and for each year thereafter, the Director of the 
Office of Management and Budget (Director) will identify to each agency 
a total amount of incremental costs that will be allowed for such 
agency in issuing new regulations and repealing regulations for the 
next fiscal year. No regulations exceeding the agency's total 
incremental cost allowance will be permitted in that fiscal year, 
unless required by law or approved in writing by the Director. The 
total incremental cost allowance may allow an increase or require a 
reduction in total regulatory cost.
    Additionally, on February 24, 2017, the President issued Executive 
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' The Order 
required the head of each agency designate an agency official as its 
Regulatory Reform Officer (RRO). Each RRO shall oversee the 
implementation of regulatory reform initiatives and policies to ensure 
that agencies effectively carry out regulatory reforms, consistent with 
applicable law. Further, E.O. 13777 requires the establishment of a 
regulatory task force at each agency. The regulatory task force will 
make recommendations to the agency head regarding the repeal, 
replacement, or modification of existing regulations, consistent with 
applicable law. At a minimum, each regulatory reform task force shall 
attempt to identify regulations that:

    (i) Eliminate jobs, or inhibit job creation;
    (ii) Are outdated, unnecessary, or ineffective;
    (iii) Impose costs that exceed benefits;
    (iv) Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) Are inconsistent with the requirements of Information Quality 
Act, or the guidance issued pursuant to that Act, in particular those 
regulations that rely in whole or in part on data, information, or 
methods that are not publicly available or that are insufficiently 
transparent to meet the standard for reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    Finally, on March 28, 2017, the President signed Executive Order 
13783, entitled ``Promoting Energy Independence and Economic Growth. 
Among other things, E.O. 13783 requires the heads of agencies to review 
all existing regulations, orders, guidance documents, policies, and any 
other similar agency actions (collectively, agency actions) that 
potentially burden the development or use of domestically produced 
energy resources, with particular attention to oil, natural gas, coal, 
and nuclear energy resources. Such review does not include agency 
actions that are mandated by law, necessary for the public interest, 
and consistent with the policy set forth elsewhere in that order.
    Executive Order 13783 defined burden for purposes of the review of 
existing regulations to mean to unnecessarily obstruct, delay, curtail, 
or otherwise impose significant costs on the siting, permitting, 
production, utilization, transmission, or delivery of energy resources.
    To implement these Executive Orders, the Department is taking two 
immediate steps. First, as described further below,

[[Page 24583]]

the Department is issuing this Request for Information (RFI) seeking 
public comment on how best to achieve meaningful burden reduction while 
continuing to achieve the Department's regulatory objectives. Second, 
the Department has created an email in-box at 
[email protected], which interested parties can use to 
identify to DOE--on a continuing basis--existing regulations, paperwork 
requirements and other regulatory obligations that can be modified or 
repealed, consistent with law. Together, these steps will help the 
Department ensure it acts in a prudent and financially responsible 
manner in the expenditure of funds, from both public and private 
sources, and manages appropriately the costs associated with private 
expenditures required for compliance with DOE regulations.

Request for Information

    Pursuant to the Executive Orders, the Department is, through this 
request for information, seeking input and other assistance, as 
permitted by law, from entities significantly affected by regulations 
of the Department of Energy, including State, local, and tribal 
governments, small businesses, consumers, non-governmental 
organizations, and manufacturers and their trade associations. The 
Department's goal is to create a systematic method for identifying 
those existing DOE rules that are obsolete, unnecessary, unjustified, 
or simply no longer make sense.
    Consistent with the Department's commitment to public participation 
in the rulemaking process, the Department is beginning this process by 
soliciting views from the public on how best to conduct its analysis of 
existing DOE rules. It is also seeking views from the public on 
specific rules or Department imposed obligations that should be altered 
or eliminated. While the Department promulgates rules in accordance 
with the law and to the best of its analytic capability, it is 
difficult to be certain of the consequences of a rule, including its 
costs and benefits, until it has been tested. Because knowledge about 
the full effects of a rule is widely dispersed in society, members of 
the public are likely to have useful information and perspectives on 
the benefits and burdens of existing requirements and how regulatory 
obligations may be updated, streamlined, revised, or repealed to better 
achieve regulatory objectives, while minimizing regulatory burdens, 
consistent with applicable law. Interested parties may also be well-
positioned to identify those rules that are most in need of reform, 
and, thus, assist the Department in prioritizing and properly tailoring 
its review process. In short, engaging the public in an open, 
transparent process is a crucial first step in DOE's review of its 
existing regulations.

List of Questions for Commenters

    To allow DOE to more effectively evaluate suggestions, the 
Department is requesting comments include:

     Supporting data or other information such as cost 
information
     Specific suggestions regarding repeal, replacement, or 
modification.

    The following list of questions represents a preliminary attempt by 
DOE to identify rules/obligations on which it should immediately focus. 
This non-exhaustive list is meant to assist in the formulation of 
comments and is not intended to restrict the issues that may be 
addressed. In addressing these questions or others, DOE requests that 
commenters identify with specificity the regulation or reporting 
requirement at issue, providing legal citation where available. The 
Department also requests that the submitter provide, in as much detail 
as possible, an explanation why a regulation or reporting requirement 
should be modified, streamlined, or repealed, as well as specific 
suggestions of ways the Department can do so while achieving its 
regulatory objectives.
    (1) How can DOE best promote meaningful regulatory cost reduction 
while achieving its regulatory objectives, and how can it best identify 
those rules that might be modified, streamlined, or repealed?
    (2) What factors should DOE consider in selecting and prioritizing 
rules and reporting requirements for reform?
    (3) How can DOE best obtain and consider accurate, objective 
information and data about the costs, burdens, and benefits of existing 
regulations? Are there existing sources of data DOE can use to evaluate 
the post-promulgation effects of regulations over time? We invite 
interested parties to provide data that may be in their possession that 
documents the costs, burdens, and benefits of existing requirements.
    (4) Are there regulations that simply make no sense or have become 
unnecessary, ineffective, or ill-advised and if so what are they? Are 
there rules that can simply be repealed without impairing DOE's 
statutory obligations and, if so, what are they?
    (5) Are there rules or reporting requirements that have become 
outdated and, if so, how can they be modernized to better accomplish 
their objective?
    (6) Are there rules that are still necessary, but have not operated 
as well as expected such that a modified, or slightly different 
approach at lower cost is justified?
    (7) Are there rules of the Department that unnecessarily obstruct, 
delay, curtail, or otherwise impose significant costs on the siting, 
permitting, production, utilization, transmission, or delivery of 
energy resources?
    (8) Does DOE currently collect information that it does not need or 
use effectively?
    (9) Are there regulations, reporting requirements, or regulatory 
processes that are unnecessarily complicated or could be streamlined to 
achieve statutory obligations in more efficient ways?
    (10) Are there rules or reporting requirements that have been 
overtaken by technological developments? Can new technologies be 
leveraged to modify, streamline, or do away with existing regulatory or 
reporting requirements?
    (11) Does the methodology and data used in analyses supporting 
DOE's regulations meet the requirements of the Information Quality Act?
    The Department notes that this RFI is issued solely for information 
and program-planning purposes. While responses to this RFI do not bind 
DOE to any further actions related to the response, all submissions 
will be made publicly available on www.regulations.gov.

    Issued in Washington, DC, on May 19, 2017.
Daniel R. Simmons,
Chair, Department of Energy Regulatory Reform Task Force.
[FR Doc. 2017-10866 Filed 5-26-17; 8:45 am]
BILLING CODE 6450-01-P