82 FR 8346 - Memorandum for the Heads of Executive Departments and Agencies; Regulatory Freeze Pending Review

OFFICE OF MANAGEMENT AND BUDGET

Federal Register Volume 82, Issue 14 (January 24, 2017)

Page Range		8346-8346
FR Document		2017-01766

Federal Register, Volume 82 Issue 14 (Tuesday, January 24, 2017)

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Page 8346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01766]



[[Page 8345]]

Vol. 82

Tuesday,

No. 14

January 24, 2017

Part IV





Office of Management and Budget





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Regulatory Freeze Pending Review; Notice

Federal Register / Vol. 82 , No. 14 / Tuesday, January 24, 2017 / 
Notices

[[Page 8346]]


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OFFICE OF MANAGEMENT AND BUDGET


Memorandum for the Heads of Executive Departments and Agencies; 
Regulatory Freeze Pending Review

January 20, 2017.

FROM: Reince Priebus, Assistant to the President and Chief of Staff.

SUBJECT: Regulatory Freeze Pending Review.

    The President has asked me to communicate to each of you his plan 
for managing the Federal regulatory process at the outset of his 
Administration. In order to ensure that the President's appointees or 
designees have the opportunity to review any new or pending 
regulations, I ask on behalf of the President that you immediately take 
the following steps:
    1. Subject to any exceptions the Director or Acting Director of the 
Office of Management and Budget (the ``OMB Director'') allows for 
emergency situations or other urgent circumstances relating to health, 
safety, financial, or national security matters, or otherwise, send no 
regulation to the Office of the Federal Register (the ``OFR'') until a 
department or agency head appointed or designated by the President 
after noon on January 20, 2017, reviews and approves the regulation. 
The department or agency head may delegate this power of review and 
approval to any other person so appointed or designated by the 
President, consistent with applicable law.
    2. With respect to regulations that have been sent to the OFR but 
not published in the Federal Register, immediately withdraw them from 
the OFR for review and approval as described in paragraph 1, subject to 
the exceptions described in paragraph 1. This withdrawal must be 
conducted consistent with OFR procedures.
    3. With respect to regulations that have been published in the OFR 
but have not taken effect, as permitted by applicable law, temporarily 
postpone their effective date for 60 days from the date of this 
memorandum, subject to the exceptions described in paragraph 1, for the 
purpose of reviewing questions of fact, law, and policy they raise. 
Where appropriate and as permitted by applicable law, you should 
consider proposing for notice and comment a rule to delay the effective 
date for regulations beyond that 60-day period. In cases where the 
effective date has been delayed in order to review questions of fact, 
law, or policy, you should consider potentially proposing further 
notice-and-comment rulemaking. Following the delay in effective date:
    (a) For those regulations that raise no substantial questions of 
law or policy, no further action needs to be taken; and
    (b) for those regulations that raise substantial questions of law 
or policy, agencies should notify the OMB Director and take further 
appropriate action in consultation with the OMB Director.
    4. Exclude from the actions requested in paragraphs 1 through 3 any 
regulations subject to statutory or judicial deadlines and identify 
such exclusions to the OMB Director as soon as possible.
    5. Notify the OMB Director promptly of any regulations that, in 
your view, should be excluded from the directives in paragraphs 1 
through 3 because those regulations affect critical health, safety, 
financial, or national security matters, or for some other reason. The 
OMB Director will review any such notifications and determine whether 
such exclusion is appropriate under the circumstances.
    6. Continue in all circumstances to comply with any applicable 
Executive Orders concerning regulatory management.
    As used in this memorandum, ``regulation'' has the meaning given to 
``regulatory action'' in section 3(e) of Executive Order 12866, and 
also includes any ``guidance document'' as defined in section 3(g) 
thereof as it existed when Executive Order 13422 was in effect. That 
is, the requirements of this memorandum apply to ``any substantive 
action by an agency (normally published in the Federal Register) that 
promulgates or is expected to lead to the promulgation of a final rule 
or regulation, including notices of inquiry, advance notices of 
proposed rulemaking, and notices of proposed rulemaking,'' and also 
covers any agency statement of general applicability and future effect 
``that sets forth a policy on a statutory, regulatory, or technical 
issue or an interpretation of a statutory or regulatory issue.''
    This regulatory review will be implemented by the OMB Director. 
Communications regarding any matters pertaining to this review should 
be addressed to the OMB Director.
    The OMB Director is authorized and directed to publish this 
memorandum in the Federal Register.

[FR Doc. 2017-01766 Filed 1-23-17; 2:00 pm]
BILLING CODE P

$8346 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices OFFICE OF MANAGEMENT AND OFR for review and approval as regulations affect critical health, safety, BUDGET described in paragraph 1, subject to the financial, or national security matters, exceptions described in paragraph 1. or for some other reason. The OMB Memorandum for the Heads of This withdrawal must be conducted Director will review any such Executive Departments and Agencies; consistent with OFR procedures. notifications and determine whether Regulatory Freeze Pending Review 3. With respect to regulations that such exclusion is appropriate under the have been published in the OFR but circumstances. January 20, 2017. have not taken effect, as permitted by 6. Continue in all circumstances to FROM: Reince Priebus, Assistant to the applicable law, temporarily postpone President and Chief of Staff. comply with any applicable Executive their effective date for 60 days from the Orders concerning regulatory SUBJECT: Regulatory Freeze Pending date of this memorandum, subject to the Review. management. exceptions described in paragraph 1, for The President has asked me to the purpose of reviewing questions of As used in this memorandum, communicate to each of you his plan for fact, law, and policy they raise. Where ‘‘regulation’’ has the meaning given to managing the Federal regulatory process appropriate and as permitted by ‘‘regulatory action’’ in section 3(e) of at the outset of his Administration. In applicable law, you should consider Executive Order 12866, and also order to ensure that the President’s proposing for notice and comment a includes any ‘‘guidance document’’ as appointees or designees have the rule to delay the effective date for defined in section 3(g) thereof as it opportunity to review any new or regulations beyond that 60-day period. existed when Executive Order 13422 pending regulations, I ask on behalf of In cases where the effective date has was in effect. That is, the requirements the President that you immediately take been delayed in order to review of this memorandum apply to ‘‘any the following steps: questions of fact, law, or policy, you substantive action by an agency 1. Subject to any exceptions the should consider potentially proposing (normally published in the Federal Director or Acting Director of the Office further notice-and-comment Register) that promulgates or is of Management and Budget (the ‘‘OMB rulemaking. Following the delay in expected to lead to the promulgation of Director’’) allows for emergency effective date: a final rule or regulation, including situations or other urgent circumstances (a) For those regulations that raise no notices of inquiry, advance notices of relating to health, safety, financial, or substantial questions of law or policy, proposed rulemaking, and notices of national security matters, or otherwise, no further action needs to be taken; and proposed rulemaking,’’ and also covers send no regulation to the Office of the (b) for those regulations that raise any agency statement of general Federal Register (the ‘‘OFR’’) until a substantial questions of law or policy, applicability and future effect ‘‘that sets department or agency head appointed or agencies should notify the OMB forth a policy on a statutory, regulatory, designated by the President after noon Director and take further appropriate or technical issue or an interpretation of on January 20, 2017, reviews and action in consultation with the OMB a statutory or regulatory issue.’’ approves the regulation. The Director. This regulatory review will be department or agency head may 4. Exclude from the actions requested implemented by the OMB Director. delegate this power of review and in paragraphs 1 through 3 any Communications regarding any matters approval to any other person so regulations subject to statutory or pertaining to this review should be appointed or designated by the judicial deadlines and identify such addressed to the OMB Director. President, consistent with applicable exclusions to the OMB Director as soon law. as possible. The OMB Director is authorized and 2. With respect to regulations that 5. Notify the OMB Director promptly directed to publish this memorandum in have been sent to the OFR but not of any regulations that, in your view, the Federal Register. published in the Federal Register, should be excluded from the directives [FR Doc. 2017–01766 Filed 1–23–17; 2:00 pm] immediately withdraw them from the in paragraphs 1 through 3 because those BILLING CODE P sradovich on DSK3GMQ082PROD with NOTICES2 VerDate Sep<11>2014 19:46 Jan 23, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 E:\FR\FM\24JAN2.SGM 24JAN2$

Document Created: 2018-02-01 15:12:04
Document Modified: 2018-02-01 15:12:04

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		Notices
FR Citation		82 FR 8346