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Skriven 2007-01-18 23:31:12 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (070118) for Thu, 2007 Jan 18
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Executive Order: Further Amendment to Executive Order 12866 on Regulatory
Planning and Review
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For Immediate Release
Office of the Press Secretary
January 18, 2007

Executive Order: Further Amendment to Executive Order 12866 on Regulatory
Planning and Review



By the authority vested in me as President by the Constitution and laws of
the United States of America, it is˙hereby ordered that Executive Order
12866 of September 30, 1993, as amended, is further amended as follows:

˙˙˙˙Section1. ˙Section 1 is amended as follows:

(a)˙ Section 1(b)(1) is amended to read as follows:

"(1) Each agency shall identify in writing the specific market failure
(such as externalities, market power, lack of˙information) or other
specific problem that it˙intends to˙address (including, where applicable,
the˙failures of public institutions) that warrant new agency action, as
well˙as assess the significance of that problem, to enable assessment of
whether any new regulation is warranted."

(b)˙ by inserting in section 1(b)(7) after "regulation" the˙words "or
guidance document".

(c)˙ by inserting in section 1(b)(10) in both places after "regulations"
the words "and guidance documents".

˙˙˙˙ (d)˙ by inserting in section˙1(b)(11) after "its regulations" the
words "and guidance documents".

˙˙˙˙ (e)˙ by inserting in section 1(b)(12) after "regulations" the˙words
"and guidance documents".

˙˙˙˙Sec. 2. ˙Section 2 is amended as follows:

˙˙˙˙ (a)˙ by inserting in section 2(a) in both places after "regulations"
the words "and guidance documents".

˙˙˙˙ (b)˙ by inserting in section 2(b) in both places after "regulations"
the words "and guidance documents".

˙˙˙˙Sec. 3. ˙Section 3 is amended as follows:

˙˙˙˙ (a)˙ by striking in section 3(d) "or 'rule'" after "'Regulation'";

˙˙˙˙ (b)˙ by striking in section 3(d)(1) "or rules" after

"Regulations";

˙˙˙˙ (c)˙ by striking in section 3(d)(2) "or rules" after "Regulations";

˙˙˙˙ (d)˙ by striking in section 3(d)(3) "or rules" after "Regulations";

˙˙˙˙ (e)˙ by striking in section 3(e) "rule or" from "final rule˙or
regulation";

˙˙˙˙ (f) by striking in section 3(f) "rule or" from "rule or regulation";

˙˙˙˙ ˙˙˙˙ (g)˙ by inserting after section 3(f) the following:

˙˙˙˙ ˙˙˙˙ "(g) "Guidance document" means an agency statement of˙general
applicability and future effect, other than a regulatory action, that sets
forth a policy on a statutory, regulatory, or technical issue or an
interpretation of a statutory or regulatory issue.

˙˙˙˙ ˙˙˙˙ (h) "Significant guidance document" --

(1) Means a guidance document disseminated to regulated entities or the
general public that, for purposes of this order, may reasonably be
anticipated to:

˙˙˙˙ (A) Lead to an annual effect of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or safety,
or State, local, or tribal governments or communities;

˙˙˙˙ (B) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;

˙˙˙˙ (C) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the˙rights or obligations of recipients
thereof; or

˙˙˙˙ (D) Raise novel legal or policy issues arising out˙of legal mandates,
the President's priorities, or the principles set forth in this Executive
order; and

˙˙˙˙˙˙˙˙˙ (2) Does not include:

˙˙˙˙ (A) Guidance documents on regulations issued in accordance with the
formal rulemaking provisions of 5˙U.S.C. 556, 557;

˙˙˙˙ (B) Guidance documents that pertain to a military or foreign affairs
function of the United States, other than procurement regulations and
regulations involving the import or export of non-defense articles and
services;

˙˙˙˙ (C) Guidance documents on regulations that are limited to agency
organization, management, or personnel matters; or

˙˙˙˙ (D) Any other category of guidance documents exempted by the
Administrator of OIRA."

˙˙˙˙Sec. 4. ˙Section 4 is amended as follows:

(a)˙ Section 4(a) is amended to read as follows: "The Director may convene
a meeting of agency heads and other government personnel as appropriate to
seek a common understanding of priorities and to coordinate regulatory
efforts to be accomplished in the upcoming year."

(b)˙ The last sentence of section 4(c)(1) is amended to read as follows:
"Unless specifically authorized by the head of the agency, no rulemaking
shall commence nor be included on the Plan without the approval of the
agency's Regulatory Policy Office, and the Plan shall contain at a
minimum:".

(c) ˙Section 4(c)(1)(B) is amended by inserting "of each rule˙as well as
the agency's best estimate of the˙combined aggregate costs and benefits of
all its regulations planned for that calendar year to assist with the
identification of priorities" after "of the anticipated costs and
benefits".

(d) ˙Section 4(c)(1)(C) is amended by inserting ", and specific citation to
such statute, order, or other legal authority" after "court order".

˙˙˙˙Sec. 5.˙ Section 6 is amended as follows:

(a)˙ by inserting in section 6(a)(1) "In consultation with OIRA, each
agency may also consider whether to utilize formal rulemaking procedures
under 5 U.S.C. 556 and 557 for the resolution of complex determinations"
after "comment period of not less than 60 days."

(b)˙ by amending the first sentence of section 6(a)(2) to˙read as follows:
"Within 60 days of the date of this Executive order, each agency head shall
designate one of the agency's Presidential Appointees to be its Regulatory
Policy Officer, advise OMB of such designation, and annually update OMB on
the status of this designation."

˙˙˙˙Sec. 6.˙ Sections 9 11 are redesignated respectively as sections
10-12.

˙˙˙˙Sec. 7. ˙After section 8, a new section 9 is inserted as follows:

"Sec. 9. ˙Significant Guidance Documents. ˙Each agency shall provide OIRA,
at such times and in the manner specified by the Administrator of OIRA,
with advance notification of any significant guidance documents. ˙Each
agency shall take such steps as are necessary for its Regulatory Policy
Officer to ensure the agency's compliance with the requirements of this
section.˙ Upon the request of the Administrator, for each matter identified
as, or determined by the Administrator to˙be, a significant guidance
document, the issuing agency shall provide to OIRA the content of the draft
guidance document, together with a brief explanation of the need for the
guidance document and how it will meet that need.˙ The OIRA Administrator
shall notify the agency when additional consultation will be required
before the issuance of the significant guidance document."

˙˙˙˙Sec. 8.˙ Newly designated section 10 is amended to read as follows:

"Sec. 10. Preservation of Agency Authority. ˙Nothing in this order shall be
construed to impair or otherwise affect the authority vested by law in an
agency or the head thereof, including the authority of the Attorney General
relating to˙litigation."

˙

˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ GEORGE W. BUSH

THE WHITE HOUSE,

˙˙˙ January 18, 2007.

˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ # # #
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