82_FR_27574 82 FR 27460 - Evaluation of Existing Regulations, Policies, and Information Collections

82 FR 27460 - Evaluation of Existing Regulations, Policies, and Information Collections

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 82, Issue 114 (June 15, 2017)

Page Range27460-27461
FR Document2017-12366

As part of its implementation of Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' issued by the President on January 30, 2017, and Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' issued by the President on February 24, 2017, the Federal Emergency Management Agency (FEMA) is seeking input on regulations, policies, and information collections that may be appropriate for repeal, replacement, or modification.

Federal Register, Volume 82 Issue 114 (Thursday, June 15, 2017) 
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Proposed Rules]
[Pages 27460-27461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12366]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Chapter I

[Docket ID FEMA-2017-0023]


Evaluation of Existing Regulations, Policies, and Information 
Collections

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Request for comment.

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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, and Executive Order 13777, ``Enforcing 
the Regulatory Reform Agenda,'' issued by the President on February 24, 
2017, the Federal Emergency Management Agency (FEMA) is seeking input 
on regulations, policies, and information collections that may be 
appropriate for repeal, replacement, or modification.

DATES: Comments must be received by August 14, 2017.

ADDRESSES: Comments must be identified by docket ID FEMA-2017-0023 and 
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal 
Emergency Management Agency, 8NE, 500 C Street SW., Washington, DC 
20472-3100.
    Instructions: All submissions received must include the agency name 
and docket ID. Regardless of the method used for submitting comments or 
material, all submissions will be posted, without change, to the 
Federal eRulemaking Portal at http://www.regulations.gov, and will 
include any personal information you provide. Therefore, submitting 
this information makes it public. You may wish to read the Privacy Act 
notice, which can be viewed by clicking on the ``Privacy and Security 
Notice'' link on the homepage of www.regulations.gov.
    Please submit your comments and any supporting material by only one 
means to avoid the receipt and review of duplicate submissions.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel, 
Regulatory Affairs, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472, 202-646-4046.

SUPPLEMENTARY INFORMATION: On January 30, 2017, the President issued 
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs'' (82 FR 9339). 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, Executive Order 
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'' (82 FR 12285). 
The Order established a Federal policy to alleviate unnecessary 
regulatory burdens placed on the American people. Section 3(a) of the 
Executive Order directs Federal agencies to establish a Regulatory 
Reform Task Force (Task Force). One of the duties of the Task Force is 
to evaluate existing regulations and make recommendations to the agency 
head regarding their repeal, replacement, or modification. The 
Executive Order further asks that each Task Force 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 section 515 of the 
Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 
3516 note), or the guidance issued pursuant to that provision 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 of reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    The Office of Management and Budget has directed that agency 
policies (such as guidance and interpretative documents) and 
information collections that impose costs on the public may also be 
identified under the above criteria, in addition to regulations.
    Section 3(e) of the Executive Order calls on the Task Force to seek 
input and other assistance on this task, as

[[Page 27461]]

permitted by law, from entities significantly affected by Federal 
regulations, including State, local, and Tribal governments, small 
businesses, consumers, non-governmental organizations, and trade 
associations.
    Finally, on March 28, 2017, the President signed Executive Order 
13783, ``Promoting Energy Independence and Economic Growth'' (82 FR 
16093). Among other things, Executive Order 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.
    Through this notice, FEMA is soliciting such input from the public 
to inform the Task Force's evaluation of existing regulations, 
policies, and information collections pursuant to these three Executive 
Orders. FEMA requests that commenters be as specific as possible with 
how, for example, a particular regulation, policy or information 
collection imposes costs that exceed benefits or is otherwise 
unnecessary or ineffective. Commenters should include any supporting 
data or other information such as cost information, provide a Federal 
Register or Code of Federal Regulations citation when referencing a 
specific regulation, and provide specific suggestions regarding repeal, 
replacement, or modification.
    Although FEMA will not respond to individual comments, FEMA values 
public feedback and will give careful consideration to all input that 
it receives.

    Authority: Executive Order 13771; Executive Order 13777; 
Executive Order 13783.

    Dated: June 8, 2017.
Robert Fenton,
Senior Official Performing the Duties of the Administrator, Federal 
Emergency Management Agency.
[FR Doc. 2017-12366 Filed 6-14-17; 8:45 am]
BILLING CODE 9111-19-P

27460 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Proposed Rules substantial direct costs on tribal material, all submissions will be posted, each new regulation or repealed governments or preempt tribal law as without change, to the Federal regulation. During the Presidential specified by Executive Order 13175 (65 eRulemaking Portal at http:// budget process beginning in fiscal year FR 67249, November 9, 2000). www.regulations.gov, and will include 2018 and for each year thereafter, the any personal information you provide. Director of the Office of Management List of Subjects in 40 CFR Part 52 and Budget (Director) will identify to Therefore, submitting this information Environmental protection, Air makes it public. You may wish to read each agency a total amount of pollution control, Incorporation by the Privacy Act notice, which can be incremental costs that will be allowed reference, Intergovernmental relations, viewed by clicking on the ‘‘Privacy and for such agency in issuing new Nitrogen dioxide, Ozone, Reporting and Security Notice’’ link on the homepage regulations and repealing regulations for recordkeeping requirements, Volatile of www.regulations.gov. the next fiscal year. No regulations organic compounds. Please submit your comments and any exceeding the agency’s total incremental Authority: 42 U.S.C. 7401 et seq. supporting material by only one means cost allowance will be permitted in that to avoid the receipt and review of fiscal year, unless required by law or Dated: May 16, 2017. duplicate submissions. approved in writing by the Director. The Alexis Strauss, total incremental cost allowance may FOR FURTHER INFORMATION CONTACT: Liza Acting Regional Administrator, Region IX. allow an increase or require a reduction Davis, Associate Chief Counsel, [FR Doc. 2017–12344 Filed 6–14–17; 8:45 am] Regulatory Affairs, Federal Emergency in total regulatory cost. BILLING CODE 6560–50–P Management Agency, 500 C Street SW., Additionally, on February 24, 2017, Washington, DC 20472, 202–646–4046. the President issued Executive Order 13777, ‘‘Enforcing the Regulatory SUPPLEMENTARY INFORMATION: On DEPARTMENT OF HOMELAND Reform Agenda’’ (82 FR 12285). The January 30, 2017, the President issued SECURITY Order established a Federal policy to Executive Order 13771, ‘‘Reducing alleviate unnecessary regulatory Regulation and Controlling Regulatory Federal Emergency Management burdens placed on the American people. Costs’’ (82 FR 9339). That Order stated Agency Section 3(a) of the Executive Order the policy of the executive branch is to directs Federal agencies to establish a be prudent and financially responsible 44 CFR Chapter I Regulatory Reform Task Force (Task in the expenditure of funds, from both Force). One of the duties of the Task [Docket ID FEMA–2017–0023] public and private sources. The Order Force is to evaluate existing regulations stated it is essential to manage the costs Evaluation of Existing Regulations, and make recommendations to the associated with the governmental Policies, and Information Collections agency head regarding their repeal, imposition of private expenditures replacement, or modification. The required to comply with Federal AGENCY: Federal Emergency Executive Order further asks that each regulations. Toward that end, for fiscal Management Agency, DHS. Task Force attempt to identify year 2017, Executive Order 13771 ACTION: Request for comment. regulations that: requires: (i) Eliminate jobs, or inhibit job (1) ‘‘Unless prohibited by law, SUMMARY: As part of its implementation creation; whenever an executive department or (ii) Are outdated, unnecessary, or of Executive Order 13771, ‘‘Reducing agency . . . publicly proposes for notice ineffective; Regulation and Controlling Regulatory and comment or otherwise promulgates (iii) Impose costs that exceed benefits; Costs,’’ issued by the President on a new regulation, it shall identify at (iv) Create a serious inconsistency or January 30, 2017, and Executive Order least two existing regulations to be otherwise interfere with regulatory 13777, ‘‘Enforcing the Regulatory repealed.’’ Sec. 2(a). reform initiatives and policies; Reform Agenda,’’ issued by the (2) ‘‘For fiscal year 2017, . . . the President on February 24, 2017, the (v) Are inconsistent with the heads of all agencies are directed that requirements of section 515 of the Federal Emergency Management Agency the total incremental cost of all new (FEMA) is seeking input on regulations, Treasury and General Government regulations, including repealed Appropriations Act, 2001 (44 U.S.C. policies, and information collections regulations, to be finalized this year that may be appropriate for repeal, 3516 note), or the guidance issued shall be no greater than zero, unless pursuant to that provision in particular replacement, or modification. otherwise required by law or consistent those regulations that rely in whole or DATES: Comments must be received by with advice provided in writing by the in part on data, information, or methods August 14, 2017. Director of the Office of Management that are not publicly available or that are ADDRESSES: Comments must be and Budget . . . .’’ Sec. 2(b). insufficiently transparent to meet the identified by docket ID FEMA–2017– (3) ‘‘In furtherance of the requirement standard of reproducibility; or 0023 and may be submitted by one of of subsection (a) of this section, any new (vi) Derive from or implement the following methods: incremental costs associated with new Executive Orders or other Presidential Federal eRulemaking Portal: http:// regulations shall, to the extent permitted directives that have been subsequently www.regulations.gov. Follow the by law, be offset by the elimination of rescinded or substantially modified. instructions for submitting comments. existing costs associated with at least The Office of Management and Budget pmangrum on DSK3GDR082PROD with PROPOSALS Mail: Regulatory Affairs Division, two prior regulations.’’ Sec. 2(c). has directed that agency policies (such Office of Chief Counsel, Federal Further, the Executive Order requires as guidance and interpretative Emergency Management Agency, 8NE, that for fiscal year 2018, and for each documents) and information collections 500 C Street SW., Washington, DC fiscal year thereafter, the head of each that impose costs on the public may also 20472–3100. agency shall identify, for each be identified under the above criteria, in Instructions: All submissions received regulation that increases incremental addition to regulations. must include the agency name and cost, offsetting regulations, and provide Section 3(e) of the Executive Order docket ID. Regardless of the method the agency’s best approximation of the calls on the Task Force to seek input used for submitting comments or total costs or savings associated with and other assistance on this task, as VerDate Sep<11>2014 14:02 Jun 14, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\15JNP1.SGM 15JNP1

Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Proposed Rules 27461 permitted by law, from entities and consistent with the policy set forth other information such as cost significantly affected by Federal elsewhere in that order. information, provide a Federal Register regulations, including State, local, and Executive Order 13783 defined or Code of Federal Regulations citation Tribal governments, small businesses, ‘‘burden’’ for purposes of the review of when referencing a specific regulation, consumers, non-governmental existing regulations to mean to and provide specific suggestions organizations, and trade associations. unnecessarily obstruct, delay, curtail, or regarding repeal, replacement, or Finally, on March 28, 2017, the otherwise impose significant costs on modification. President signed Executive Order 13783, the siting, permitting, production, Although FEMA will not respond to ‘‘Promoting Energy Independence and utilization, transmission, or delivery of individual comments, FEMA values Economic Growth’’ (82 FR 16093). energy resources. public feedback and will give careful Among other things, Executive Order Through this notice, FEMA is consideration to all input that it 13783 requires the heads of agencies to soliciting such input from the public to receives. review all existing regulations, orders, inform the Task Force’s evaluation of guidance documents, policies, and any existing regulations, policies, and Authority: Executive Order 13771; Executive Order 13777; Executive Order other similar agency actions information collections pursuant to 13783. (collectively, agency actions) that these three Executive Orders. FEMA potentially burden the development or requests that commenters be as specific Dated: June 8, 2017. use of domestically produced energy as possible with how, for example, a Robert Fenton, resources, with particular attention to particular regulation, policy or Senior Official Performing the Duties of the oil, natural gas, coal, and nuclear energy information collection imposes costs Administrator, Federal Emergency resources. Such review does not include that exceed benefits or is otherwise Management Agency. agency actions that are mandated by unnecessary or ineffective. Commenters [FR Doc. 2017–12366 Filed 6–14–17; 8:45 am] law, necessary for the public interest, should include any supporting data or BILLING CODE 9111–19–P pmangrum on DSK3GDR082PROD with PROPOSALS VerDate Sep<11>2014 14:02 Jun 14, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4702 Sfmt 9990 E:\FR\FM\15JNP1.SGM 15JNP1


Document Created: 2017-06-15 01:03:42
Document Modified: 2017-06-15 01:03:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comment.
DatesComments must be received by August 14, 2017.
ContactLiza Davis, Associate Chief Counsel, Regulatory Affairs, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 202-646-4046.
FR Citation82 FR 27460 
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