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Explore effective methods and key elements for the periodic review of significant regulations, involving senior-level support, public engagement, and measuring rule success. Discover categories and possible elements to streamline regulations for various stakeholders. Find out more about the process and impact of retrospective reviews.
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ACUS Workshop on Retrospective Reviews of Existing Regulations Implementing the Review Process Neil Eisner Assistant General Counsel Department of Transportation March 10, 2011
EO 13563 Retrospective Review • May 18: Preliminary plan … • To periodically review … • Existing significant regulations • April 28: Draft preliminary Plan • Other retrospective review requirements (e.g., RFA) • New Presidential memoranda on reducing – • Paperwork burdens • Requirements on State, local and tribal governments
Basic Elements of Effective Retrospective Review • Senior-level involvement/support • Process for identifying problems and priorities • Public and agency staff (e.g., inspectors) participation • Ask questions (e.g., has rule been difficult to enforce, have there been numerous requests for interpretation or exemption, does it require paper submissions) • Base for measuring success of rule • Sources for information on effectiveness, changes in technology, etc.
Other Possible Elements • Special (independent) office for review • Agency contact point/Ombudsman • Rolling, established schedule for review
Possible Categories for Reviews • Rule-by-rule • Clean-up (obsolete, redundant, etc.) • Harmonization (with other agencies/governments) • General, broad categories (e.g., all training rules or paperwork burdens) • Affected interests (e.g., small entities, State and local governments, or particular industry)