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Restrospective Regulatory Review

On January 18, 2011, President Obama issued Executive Order 13563, Improving Regulation and Regulatory Review, which directs federal agencies, among other things, to review existing regulations and determine whether they are still necessary and crafted effectively to solve current problems. 

The Managing Director of the Federal Register wrote in a recent blog of the value of a commitment to retrospective regulatory review, using DOE as an example.

On January 31, 2011, the Department took two steps to launch its retrospective review of existing regulatory and reporting requirements.  First, the Department issued a Request for Information (RFI) seeking public comment on how best to review its existing regulations and to identify whether any of its existing regulations should be modified, streamlined, expanded, or repealed. Second, the Department created a link on the Web page of DOE’s Office of the General Counsel to an e-mail in-box at Regulatory.Review@hq.doe.gov, which interested parties could use to identify to DOE - on a continuing basis - regulations that may be in need of review in the future.

The initial comment period on the RFI closed on March 21, 2011.  The Department also sought reply comments through April 15

DOE considered these comments in the development of its preliminary plan.  DOE sought further comment on its preliminary plan through August 1, 2011, so that it could incorporate the input received into its final plan and ongoing retrospective review process.  DOE's final plan was issued on August 23, 2011.

On December 5, 2011, DOE published a second request for information seeking public input to identify those of DOE's regulations that might be modified, streamlined, expanded, or repealed.

On May 15, 2012, DOE published a third request for information seeking public input to identify those of DOE's regulations that might be modified, streamlined, expanded, or repealed.  DOE extended the comment period for the third RFI until June 19, 2012.

On August 8, 2012, DOE published a fourth request for information seeking public input to identify those of DOE's regulations that might be modified, streamlined, expanded, or repealed.  DOE requests public comment on the fourth RFI until September 7, 2012.

DOE has also developed subsequent updates to its final plan to implement EO 13563.  The subsequent updates also describe DOE’s burden reduction efforts under Executive Order 13610, “Identifying and Reducing Regulatory Burdens”.  Posted below are DOE's preliminary and final plans, as well as the updates.  All comments received in response to DOE's RFIs are also posted below.

Reply Comments: Second RFI Seeking Public Comments on Reducing Regulatory Burden