82 FR 24582 - Reducing Regulation and Controlling Regulatory Costs
DEPARTMENT OF ENERGY Federal Register Volume 82, Issue 102 (May 30, 2017)
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24582-24583 | |
| FR Document | 2017-10866 |
[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] ======================================================================= ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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in identifying existing regulations, paperwork requirements and other regulatory obligations that can be modified or repealed, consistent with law, to achieve meaningful burden reduction while continuing to achieve the Department's statutory obligations.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
![24582 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules
unsuccessful, the parties shall resort to SUPPLEMENTARY INFORMATION: On the head of each agency designate an
mediation. January 30, 2017, the President issued agency official as its Regulatory Reform
Executive Order 13771, ‘‘Reducing Officer (RRO). Each RRO shall oversee
§ 601.29 [Reserved] Regulation and Controlling Regulatory the implementation of regulatory reform
Dated: May 23, 2017. Costs.’’ That Order stated the policy of initiatives and policies to ensure that
Anne R. Schuyler, the executive branch is to be prudent agencies effectively carry out regulatory
General Counsel. and financially responsible in the reforms, consistent with applicable law.
expenditure of funds, from both public Further, E.O. 13777 requires the
[FR Doc. 2017–10940 Filed 5–26–17; 8:45 am]
and private sources. The Order stated it establishment of a regulatory task force
BILLING CODE P
is essential to manage the costs at each agency. The regulatory task force
associated with the governmental will make recommendations to the
imposition of private expenditures agency head regarding the repeal,
DEPARTMENT OF ENERGY required to comply with Federal replacement, or modification of existing
regulations. Toward that end, for fiscal regulations, consistent with applicable
2 CFR Chapter IX
year 2017, E.O. 13771 requires: law. At a minimum, each regulatory
(1) ‘‘Unless prohibited by law, reform task force shall attempt to
5 CFR Chapter XXIII whenever an executive department or identify regulations that:
agency . . . publicly proposes for notice (i) Eliminate jobs, or inhibit job
10 CFR Chapters II, III and X and comment or otherwise promulgates creation;
a new regulation, it shall identify at
41 CFR Chapter 109 (ii) Are outdated, unnecessary, or
least two existing regulations to be
ineffective;
repealed.’’ Sec. 2(a).
48 CFR Chapter 9 (2) ‘‘For fiscal year 2017, . . . the (iii) Impose costs that exceed benefits;
heads of all agencies are directed that (iv) Create a serious inconsistency or
Reducing Regulation and Controlling otherwise interfere with regulatory
Regulatory Costs the total incremental cost of all new
regulations, including repealed reform initiatives and policies;
AGENCY: Office of the Secretary, regulations, to be finalized this year (v) Are inconsistent with the
Department of Energy. shall be no greater than zero, unless requirements of Information Quality
otherwise required by law or consistent Act, or the guidance issued pursuant to
ACTION: Request for information (RFI).
with advice provided in writing by the that Act, in particular those regulations
SUMMARY: As part of its implementation Director of the Office of Management that rely in whole or in part on data,
of Executive Order 13771, ‘‘Reducing and Budget . . . .’’ Sec. 2(b). information, or methods that are not
Regulation and Controlling Regulatory (3) ‘‘In furtherance of the requirement publicly available or that are
Costs,’’ issued by the President on of subsection (a) of this section, any new insufficiently transparent to meet the
January 30, 2017, the Department of incremental costs associated with new standard for reproducibility; or
Energy (DOE) is seeking comments and regulations shall, to the extent permitted (vi) Derive from or implement
information from interested parties to by law, be offset by the elimination of Executive Orders or other Presidential
assist DOE in identifying existing existing costs associated with at least directives that have been subsequently
regulations, paperwork requirements two prior regulations.’’ Sec. 2(c). rescinded or substantially modified.
and other regulatory obligations that can Further, the Executive Order requires Finally, on March 28, 2017, the
be modified or repealed, consistent with that for fiscal year 2018, and for each President signed Executive Order 13783,
law, to achieve meaningful burden fiscal year thereafter, the head of each entitled ‘‘Promoting Energy
reduction while continuing to achieve agency shall identify, for each Independence and Economic Growth.
the Department’s statutory obligations. regulation that increases incremental Among other things, E.O. 13783 requires
DATES: Written comments and cost, offsetting regulations, and provide the heads of agencies to review all
information are requested on or before the agency’s best approximation of the existing regulations, orders, guidance
July 14, 2017. total costs or savings associated with documents, policies, and any other
ADDRESSES: Interested persons are each new regulation or repealed similar agency actions (collectively,
encouraged to submit comments, regulation. During the Presidential agency actions) that potentially burden
identified by ‘‘Regulatory Burden budget process beginning in fiscal year the development or use of domestically
Reduction RFI,’’ by any of the following 2018 and for each year thereafter, the produced energy resources, with
methods: Director of the Office of Management particular attention to oil, natural gas,
Federal eRulemaking Portal: http:// and Budget (Director) will identify to coal, and nuclear energy resources.
www.regulations.gov. Follow the each agency a total amount of Such review does not include agency
instructions for submitting comments. incremental costs that will be allowed actions that are mandated by law,
Email: Regulatory.Review@ for such agency in issuing new necessary for the public interest, and
hq.doe.gov. Include ‘‘Regulatory Burden regulations and repealing regulations for consistent with the policy set forth
RFI’’ in the subject line of the message. the next fiscal year. No regulations elsewhere in that order.
Mail: U.S. Department of Energy, exceeding the agency’s total incremental Executive Order 13783 defined
Office of the General Counsel, 1000 cost allowance will be permitted in that burden for purposes of the review of
Independence Avenue SW., Room fiscal year, unless required by law or existing regulations to mean to
sradovich on DSK3GMQ082PROD with PROPOSALS
6A245, Washington, DC 20585. approved in writing by the Director. The unnecessarily obstruct, delay, curtail, or
FOR FURTHER INFORMATION CONTACT: total incremental cost allowance may otherwise impose significant costs on
Daniel Cohen, U.S. Department of allow an increase or require a reduction the siting, permitting, production,
Energy, Office of the General Counsel, in total regulatory cost. utilization, transmission, or delivery of
1000 Independence Avenue SW., Additionally, on February 24, 2017, energy resources.
Washington, DC 20585. Telephone: the President issued Executive Order To implement these Executive Orders,
(202) 586–5000. Email: 13777, ‘‘Enforcing the Regulatory the Department is taking two immediate
Regulatory.Review@hq.doe.gov. Reform Agenda.’’ The Order required steps. First, as described further below,
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![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules 24583
the Department is issuing this Request are most in need of reform, and, thus, as expected such that a modified, or
for Information (RFI) seeking public assist the Department in prioritizing and slightly different approach at lower cost
comment on how best to achieve properly tailoring its review process. In is justified?
meaningful burden reduction while short, engaging the public in an open, (7) Are there rules of the Department
continuing to achieve the Department’s transparent process is a crucial first step that unnecessarily obstruct, delay,
regulatory objectives. Second, the in DOE’s review of its existing curtail, or otherwise impose significant
Department has created an email in-box regulations. costs on the siting, permitting,
at Regulatory.Review@hq.doe.gov, production, utilization, transmission, or
List of Questions for Commenters
which interested parties can use to delivery of energy resources?
identify to DOE—on a continuing To allow DOE to more effectively (8) Does DOE currently collect
basis—existing regulations, paperwork evaluate suggestions, the Department is information that it does not need or use
requirements and other regulatory requesting comments include: effectively?
obligations that can be modified or • Supporting data or other (9) Are there regulations, reporting
repealed, consistent with law. Together, information such as cost information requirements, or regulatory processes
these steps will help the Department • Specific suggestions regarding that are unnecessarily complicated or
ensure it acts in a prudent and repeal, replacement, or modification. could be streamlined to achieve
financially responsible manner in the The following list of questions statutory obligations in more efficient
expenditure of funds, from both public represents a preliminary attempt by ways?
and private sources, and manages DOE to identify rules/obligations on (10) Are there rules or reporting
appropriately the costs associated with which it should immediately focus. This requirements that have been overtaken
private expenditures required for non-exhaustive list is meant to assist in by technological developments? Can
compliance with DOE regulations. the formulation of comments and is not new technologies be leveraged to
intended to restrict the issues that may modify, streamline, or do away with
Request for Information
be addressed. In addressing these existing regulatory or reporting
Pursuant to the Executive Orders, the questions or others, DOE requests that requirements?
Department is, through this request for commenters identify with specificity the (11) Does the methodology and data
information, seeking input and other regulation or reporting requirement at used in analyses supporting DOE’s
assistance, as permitted by law, from issue, providing legal citation where regulations meet the requirements of the
entities significantly affected by available. The Department also requests Information Quality Act?
regulations of the Department of Energy, that the submitter provide, in as much The Department notes that this RFI is
including State, local, and tribal detail as possible, an explanation why a issued solely for information and
governments, small businesses, regulation or reporting requirement program-planning purposes. While
consumers, non-governmental should be modified, streamlined, or responses to this RFI do not bind DOE
organizations, and manufacturers and repealed, as well as specific suggestions to any further actions related to the
their trade associations. The of ways the Department can do so while response, all submissions will be made
Department’s goal is to create a achieving its regulatory objectives. publicly available on
systematic method for identifying those (1) How can DOE best promote www.regulations.gov.
existing DOE rules that are obsolete, meaningful regulatory cost reduction
unnecessary, unjustified, or simply no while achieving its regulatory Issued in Washington, DC, on May 19,
longer make sense. objectives, and how can it best identify 2017.
Consistent with the Department’s those rules that might be modified, Daniel R. Simmons,
commitment to public participation in streamlined, or repealed? Chair, Department of Energy Regulatory
the rulemaking process, the Department (2) What factors should DOE consider Reform Task Force.
is beginning this process by soliciting in selecting and prioritizing rules and [FR Doc. 2017–10866 Filed 5–26–17; 8:45 am]
views from the public on how best to reporting requirements for reform? BILLING CODE 6450–01–P
conduct its analysis of existing DOE (3) How can DOE best obtain and
rules. It is also seeking views from the consider accurate, objective information
public on specific rules or Department and data about the costs, burdens, and DEPARTMENT OF AGRICULTURE
imposed obligations that should be benefits of existing regulations? Are
altered or eliminated. While the there existing sources of data DOE can Agricultural Marketing Service
Department promulgates rules in use to evaluate the post-promulgation
accordance with the law and to the best effects of regulations over time? We 7 CFR Part 1217
of its analytic capability, it is difficult to invite interested parties to provide data
be certain of the consequences of a rule, [Document Number AMS–SC–16–0066]
that may be in their possession that
including its costs and benefits, until it documents the costs, burdens, and Softwood Lumber Research,
has been tested. Because knowledge benefits of existing requirements. Promotion, Consumer Education and
about the full effects of a rule is widely (4) Are there regulations that simply Industry Information Order; De Minimis
dispersed in society, members of the make no sense or have become Quantity Exemption Threshold
public are likely to have useful unnecessary, ineffective, or ill-advised
information and perspectives on the and if so what are they? Are there rules AGENCY: Agricultural Marketing Service,
benefits and burdens of existing that can simply be repealed without USDA.
sradovich on DSK3GMQ082PROD with PROPOSALS
requirements and how regulatory impairing DOE’s statutory obligations ACTION: Proposed rule.
obligations may be updated, and, if so, what are they?
streamlined, revised, or repealed to (5) Are there rules or reporting SUMMARY: This action proposes to
better achieve regulatory objectives, requirements that have become outdated establish a de minimis quantity
while minimizing regulatory burdens, and, if so, how can they be modernized exemption threshold under the
consistent with applicable law. to better accomplish their objective? Softwood Lumber Research, Promotion,
Interested parties may also be well- (6) Are there rules that are still Consumer Education and Industry
positioned to identify those rules that necessary, but have not operated as well Information Order (Order). The Order is
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Document Created: 2018-11-08 08:54:34
Document Modified: 2018-11-08 08:54:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Request for information (RFI). | |
| Dates | Written comments and information are requested on or before July 14, 2017. | |
| 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] | |
| FR Citation | 82 FR 24582 | |
| CFR Citation | 10 Title 10 CFR Chapter II 2 Title 2 CFR Chapter IX 41 Title 41 CFR Chapter 109 48 Title 48 CFR Chapter 9 5 Title 5 CFR Chapter XXIII |
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