Retrospective Review and Regulatory Flexibility, 5715-5716 [2015-01916]
Download as PDF
<![CDATA[
5715
Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules
REGULATORY REVIEW MODIFIED TEN-YEAR SCHEDULE—Continued
16 CFR
part
Topic
425 ............
435 ............
424 ............
Use of Prenotification Negative Option Plans ............................................................................................
Mail or Telephone Order Merchandise .......................................................................................................
Retail Food Store Advertising and Marketing Practices [Unavailability Rule] ...........................................
BILLING CODE 6750–01–P
DEPARTMENT OF LABOR
5 CFR Chapter XLII
20 CFR Chapters IV, V, VI, VII, and IX
29 CFR Subtitle A and Chapters II, IV,
V, XVII, and XXV
30 CFR Chapter I
41 CFR Chapters 50, 60, and 61
48 CFR Chapter 29
Retrospective Review and Regulatory
Flexibility
Office of the Secretary, Labor.
Request for information.
AGENCY:
In response to the President’s
Executive Order 13563 on improving
regulation and regulatory review, and
Executive Order 13610 on identifying
and reducing regulatory burden, the
Department of Labor (DOL or the
Department) is continuing to review its
existing significant regulations that
impose large, ongoing burdens on the
public. The purpose of this document is
to invite public comment on how the
Department can improve any of its
significant regulations by modernizing,
modifying, redesigning, streamlining,
expanding, or repealing them.
DATES: Comments must be received on
or before February 25, 2015.
ADDRESSES: You may submit comments
through the Department’s Regulations
Portal at https://www.dol.gov/
regulations/regreview/.
All comments will be available for
public inspection at https://www.dol.gov/
regulations/regreview/.
FOR FURTHER INFORMATION CONTACT:
Pamela Peters, Program Analyst, Office
of the Assistant Secretary for Policy,
U.S. Department of Labor, 200
Constitution Avenue NW., Room S–
2312, Washington, DC 20210,
peters.pamela@dol.gov, (202) 693–5959
(this is not a toll-free number).
Individuals with hearing impairments
may call 1–800–877–8339 (TTY/TDD).
rljohnson on DSK3VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
13:27 Feb 02, 2015
Jkt 235001
On
January 18, 2011, President Obama
issued Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review.’’ The Order explains the
Administration’s goal of creating a
regulatory system that protects ‘‘public
health, welfare, safety, and our
environment while promoting economic
growth, innovation, competitiveness,
and job creation’’ while using ‘‘the best,
most innovative, and least burdensome
tools to achieve regulatory ends.’’ The
Executive Order required agencies to
develop and submit a preliminary plan
within 120 days from the January 18
issuance date that explained how each
agency reviewed existing significant
regulations to identify whether any
regulations may be made more effective
or less burdensome.
On March 21, 2011, the Department
published a Request for Information
(RFI) in the Federal Register seeking
public input to inform development of
its Preliminary Plan and providing an
opportunity for the public to identify
potential regulations. The Department
published its Preliminary Plan for
Retrospective Analysis of Existing Rules
on May 20, 2011.1
The Department launched a second
interactive Web site on June 2, 2011 and
requested public input on certain
aspects of the Preliminary Plan.
After receipt and consideration of
comments, the Department issued its
Plan for Retrospective Analysis of
Existing Rules in August 2011.
On May 12, 2012, President Obama
issued Executive Order 13610,
‘‘Identifying and Reducing Regulatory
Burdens.’’ This Order explained that ‘‘it
is particularly important for agencies to
conduct retrospective analyses of
existing rules to examine whether they
remain justified and whether they
should be modified or streamlined in
light of changed circumstances,
including the rise of new technologies.’’
Since August 2011, the Department has
issued six updates to its August 2011
Plan.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–01966 Filed 2–2–15; 8:45 am]
ACTION:
Year to review.
1 https://www.whitehouse.gov/files/documents/
2011-regulatory-action-plans/DepartmentofLabor
PreliminaryRegulatoryReformPlan.pdf.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
2024.
2024.
2024.
Request for Comments
The Department recognizes the
importance of conducting retrospective
review of regulations and is once again
seeking public comment on how the
Department can increase the
effectiveness of its significant
regulations while minimizing the
burden on regulated entities. The
Department recognizes that the
regulated community, academia, and
the public at large have an
understanding of its programs and their
implementing regulations, and therefore
is requesting public comment on how
the Department can prepare workers for
better jobs, improve workplace safety
and health, promote fair and highquality work environments, and secure
a wide range of benefits for employees
and those who are seeking work, all in
ways that are more effective and least
burdensome.
This request for public input will
inform development of the Department’s
future plans to review its existing
significant regulations. To facilitate
receipt of the information, the
Department has created an Internet
portal specifically designed to capture
your input and suggestions, https://
www.dol.gov/regulations/regreview/.
The portal contains a series of questions
to gather information on how DOL can
best meet the requirements of the
Executive Order. The portal will be
open to receive comments from January
28, 2015 through February 25, 2015.
Questions for the Public
• What regulations and reporting
requirements should be considered for
review, modification due to conflicts,
inconsistencies, or duplication among
the regulations or requirements of the
Department’s agencies or other federal
agencies?
• What reporting requirements and
information collections can be
streamlined or reduced in frequency
while achieving the same level of
protections for workers, job-seekers, and
retirees? Are there less costly methods,
advances in technology, or innovative
techniques that can be leveraged toward
these purposes?
• What regulatory reforms may
require short-term cost increases to the
regulated entities while creating longer-
E:\FR\FM\03FEP1.SGM
03FEP1
rljohnson on DSK3VPTVN1PROD with PROPOSALS
5716
Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules
term savings, for example, through the
adoption of new technologies? What
information, data, or technical
assistance do regulated entities need in
order to better assess these
opportunities?
• How should the Department
capture information about changes in
firm and market behavior in response to
a regulation?
• What data or other indicators
suggest that the estimated costs and
benefits of an existing regulation should
be reviewed? What other strategies exist
for increasing the flexibility of
regulations without limiting important
protections?
• What information, data, or other
technical assistance do stakeholders
require in order to better assess the longterm impact of these reforms upon such
protections?
The Department is especially
interested in candidates for review for
which there is evidence of rapid
technological change in a sector that
could influence the structure and need
for the regulation, whether the chosen
regulatory approach will impose large
ongoing costs on regulated entities,
whether the agency is regulating in an
area of significant uncertainty that may
be lowered with a future retrospective
study, and other similar conditions.
The Department intends the questions
on the portal to initiate public dialogue,
and does not intend to restrict the issues
that may be raised or addressed. The
questions were developed with the
intent to probe a range of areas,
including tools that can be used to
prioritize regulations for review;
strategies that can be used to increase
flexibility of regulations; and measures
to ensure scientific integrity of data.
Please note that these questions do
not pertain to DOL rulemakings
currently open for public comment. To
comment on an open rulemaking, please
visit regulations.gov and submit
comments by the deadline indicated in
that rulemaking. Comments that pertain
to rulemakings currently open for public
comment will not be addressed by the
Department in this venue, which
focuses on retrospective review.
When addressing the questions in the
portal, the Department requests that
commenters identify with specificity the
regulation or reporting requirement at
issue, providing legal citation(s) where
available. The Department also requests
that submitters provide, in as much
detail as possible, an explanation of
why a regulation or reporting
requirement should be modified,
streamlined, expanded, or repealed, as
well as specific suggestions of ways the
Department can better achieve its
VerDate Sep<11>2014
13:27 Feb 02, 2015
Jkt 235001
regulatory objectives. Whenever
possible, please provide empirical
evidence and data to support your
response.
The Department will consider public
comments as we update our plan to
review the Department’s significant
rules. The Department is issuing this
request solely to seek useful information
as we update our review plan. While
responses to this request do not bind the
Department to any further actions
related to the response, all submissions
will be made available to the public on
https://www.dol.gov/regulations/
regreview/.
Authority: E.O. 13653, 76 FR 3821, Jan. 21,
2011; E.O. 12866, 58 FR 51735, Oct. 4, 1993.
Dated: January 28, 2015.
Christopher P. Lu,
Deputy Secretary.
[FR Doc. 2015–01916 Filed 2–2–15; 8:45 am]
BILLING CODE 4510–23–P
LEGAL SERVICES CORPORATION
45 CFR Part 1640
Application of Federal Law to LSC
Recipients
Legal Services Corporation.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This proposed rule updates
the Legal Services Corporation (LSC or
Corporation) regulation on the
application of Federal law to LSC
recipients. The FY 1996 appropriations
act (incorporated in LSC’s
appropriations by reference annually
thereafter) subjects LSC recipients to
Federal law relating to the proper use of
Federal funds. This proposed rule will
provide recipients with notice of the
applicable Federal laws each recipient
must agree to be subject to under this
rule, the consequences of a violation of
an applicable Federal law, and where
LSC will maintain the list of applicable
laws.
DATES: Comments must be submitted by
March 5, 2015.
ADDRESSES: Written comments must be
submitted to Stefanie K. Davis, Assistant
General Counsel, Legal Services
Corporation, 3333 K Street NW.,
Washington, DC 20007; (202) 337–6519
(fax) or lscrulemaking@lsc.gov.
Electronic submissions are preferred via
email with attachments in Acrobat PDF
format. Written comments sent to any
other address or received after the end
of the comment period may not be
considered by LSC.
FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Assistant General
SUMMARY:
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
Counsel, Legal Services Corporation,
3333 K Street NW., Washington, DC
20007; (202) 295–1563 (phone), (202)
337–6519 (fax), or lscrulemaking@
lsc.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory and Regulatory Background
Section 504(a)(19) of LSC’s FY 1996
appropriations act required LSC
recipients to enter into a contract that
subjected recipients to ‘‘all provisions of
Federal law relating to the proper use of
Federal funds.’’ Sec. 504(a)(19), Public
Law 104–134, title V; 110 Stat. 1321. By
its terms, a violation of Sec. 504(a)(19)
renders any LSC grant or contract null
and void. The provision has been
incorporated by reference into each of
LSC’s annual appropriations act since.
Accordingly, the preamble and text of
this proposed rule continue to refer to
the appropriate section number of the
FY 1996 appropriations act.
The Corporation first issued 45 CFR
part 1640 as an interim rule in 1996 to
implement Sec. 504(a)(19). 61 FR 45760
(Aug. 29, 1996). The interim rule was
put in place to provide immediate
guidance to LSC recipients on
legislation that was already in effect and
carried significant penalties for
noncompliance. Id. In the preamble to
the interim rule, LSC announced that it
was interpreting the statutory phrase
‘‘all provisions of Federal law relating to
the proper use of Federal funds’’ to
mean ‘‘with respect to [a recipient’s]
LSC funds, all programs should be
subject to Federal laws which address
issues of waste, fraud and abuse of
Federal funds.’’ Id. LSC based its
interpretation on legislative history that
appeared to limit the applicable laws to
those dealing with fraud, waste, and
abuse of Federal funds.
In particular, LSC relied on two
congressional documents to support its
interpretation. First, the Corporation
cited to the House Report for H.R. 2076,
which was a prior effort to enact a
provision similar to section 504(a)(19).
The relevant language in that report
stated:
[S]ection 504(20) requires all programs
receiving Federal funds to comply with
Federal statutes and regulations governing
waste, fraud, and abuse of Federal funds.
H. Rep. No. 104–196, 104th Cong., 1st
Sess. 116 (July 1995) (emphasis added).
Second, LSC cited section 5 of H.R.
1806, the Legal Services Reform Act of
1995, which was an unsuccessful
attempt to revise the LSC Act. As an
extension of his remarks introducing
H.R. 1806, Rep. McCollum submitted a
partial summary of the bill, including a
discussion of section 5 entitled
E:\FR\FM\03FEP1.SGM
03FEP1
]]>Agencies
[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Proposed Rules]
[Pages 5715-5716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01916]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
5 CFR Chapter XLII
20 CFR Chapters IV, V, VI, VII, and IX
29 CFR Subtitle A and Chapters II, IV, V, XVII, and XXV
30 CFR Chapter I
41 CFR Chapters 50, 60, and 61
48 CFR Chapter 29
Retrospective Review and Regulatory Flexibility
AGENCY: Office of the Secretary, Labor.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: In response to the President's Executive Order 13563 on
improving regulation and regulatory review, and Executive Order 13610
on identifying and reducing regulatory burden, the Department of Labor
(DOL or the Department) is continuing to review its existing
significant regulations that impose large, ongoing burdens on the
public. The purpose of this document is to invite public comment on how
the Department can improve any of its significant regulations by
modernizing, modifying, redesigning, streamlining, expanding, or
repealing them.
DATES: Comments must be received on or before February 25, 2015.
ADDRESSES: You may submit comments through the Department's Regulations
Portal at https://www.dol.gov/regulations/regreview/.
All comments will be available for public inspection at https://www.dol.gov/regulations/regreview/.
FOR FURTHER INFORMATION CONTACT: Pamela Peters, Program Analyst, Office
of the Assistant Secretary for Policy, U.S. Department of Labor, 200
Constitution Avenue NW., Room S-2312, Washington, DC 20210,
peters.pamela@dol.gov, (202) 693-5959 (this is not a toll-free number).
Individuals with hearing impairments may call 1-800-877-8339 (TTY/TDD).
SUPPLEMENTARY INFORMATION: On January 18, 2011, President Obama issued
Executive Order 13563, ``Improving Regulation and Regulatory Review.''
The Order explains the Administration's goal of creating a regulatory
system that protects ``public health, welfare, safety, and our
environment while promoting economic growth, innovation,
competitiveness, and job creation'' while using ``the best, most
innovative, and least burdensome tools to achieve regulatory ends.''
The Executive Order required agencies to develop and submit a
preliminary plan within 120 days from the January 18 issuance date that
explained how each agency reviewed existing significant regulations to
identify whether any regulations may be made more effective or less
burdensome.
On March 21, 2011, the Department published a Request for
Information (RFI) in the Federal Register seeking public input to
inform development of its Preliminary Plan and providing an opportunity
for the public to identify potential regulations. The Department
published its Preliminary Plan for Retrospective Analysis of Existing
Rules on May 20, 2011.\1\
---------------------------------------------------------------------------
\1\ https://www.whitehouse.gov/files/documents/2011-regulatory-action-plans/DepartmentofLaborPreliminaryRegulatoryReformPlan.pdf.
---------------------------------------------------------------------------
The Department launched a second interactive Web site on June 2,
2011 and requested public input on certain aspects of the Preliminary
Plan.
After receipt and consideration of comments, the Department issued
its Plan for Retrospective Analysis of Existing Rules in August 2011.
On May 12, 2012, President Obama issued Executive Order 13610,
``Identifying and Reducing Regulatory Burdens.'' This Order explained
that ``it is particularly important for agencies to conduct
retrospective analyses of existing rules to examine whether they remain
justified and whether they should be modified or streamlined in light
of changed circumstances, including the rise of new technologies.''
Since August 2011, the Department has issued six updates to its August
2011 Plan.
Request for Comments
The Department recognizes the importance of conducting
retrospective review of regulations and is once again seeking public
comment on how the Department can increase the effectiveness of its
significant regulations while minimizing the burden on regulated
entities. The Department recognizes that the regulated community,
academia, and the public at large have an understanding of its programs
and their implementing regulations, and therefore is requesting public
comment on how the Department can prepare workers for better jobs,
improve workplace safety and health, promote fair and high-quality work
environments, and secure a wide range of benefits for employees and
those who are seeking work, all in ways that are more effective and
least burdensome.
This request for public input will inform development of the
Department's future plans to review its existing significant
regulations. To facilitate receipt of the information, the Department
has created an Internet portal specifically designed to capture your
input and suggestions, https://www.dol.gov/regulations/regreview/. The
portal contains a series of questions to gather information on how DOL
can best meet the requirements of the Executive Order. The portal will
be open to receive comments from January 28, 2015 through February 25,
2015.
Questions for the Public
What regulations and reporting requirements should be
considered for review, modification due to conflicts, inconsistencies,
or duplication among the regulations or requirements of the
Department's agencies or other federal agencies?
What reporting requirements and information collections
can be streamlined or reduced in frequency while achieving the same
level of protections for workers, job-seekers, and retirees? Are there
less costly methods, advances in technology, or innovative techniques
that can be leveraged toward these purposes?
What regulatory reforms may require short-term cost
increases to the regulated entities while creating longer-
[[Page 5716]]
term savings, for example, through the adoption of new technologies?
What information, data, or technical assistance do regulated entities
need in order to better assess these opportunities?
How should the Department capture information about
changes in firm and market behavior in response to a regulation?
What data or other indicators suggest that the estimated
costs and benefits of an existing regulation should be reviewed? What
other strategies exist for increasing the flexibility of regulations
without limiting important protections?
What information, data, or other technical assistance do
stakeholders require in order to better assess the long-term impact of
these reforms upon such protections?
The Department is especially interested in candidates for review
for which there is evidence of rapid technological change in a sector
that could influence the structure and need for the regulation, whether
the chosen regulatory approach will impose large ongoing costs on
regulated entities, whether the agency is regulating in an area of
significant uncertainty that may be lowered with a future retrospective
study, and other similar conditions.
The Department intends the questions on the portal to initiate
public dialogue, and does not intend to restrict the issues that may be
raised or addressed. The questions were developed with the intent to
probe a range of areas, including tools that can be used to prioritize
regulations for review; strategies that can be used to increase
flexibility of regulations; and measures to ensure scientific integrity
of data.
Please note that these questions do not pertain to DOL rulemakings
currently open for public comment. To comment on an open rulemaking,
please visit regulations.gov and submit comments by the deadline
indicated in that rulemaking. Comments that pertain to rulemakings
currently open for public comment will not be addressed by the
Department in this venue, which focuses on retrospective review.
When addressing the questions in the portal, the Department
requests that commenters identify with specificity the regulation or
reporting requirement at issue, providing legal citation(s) where
available. The Department also requests that submitters provide, in as
much detail as possible, an explanation of why a regulation or
reporting requirement should be modified, streamlined, expanded, or
repealed, as well as specific suggestions of ways the Department can
better achieve its regulatory objectives. Whenever possible, please
provide empirical evidence and data to support your response.
The Department will consider public comments as we update our plan
to review the Department's significant rules. The Department is issuing
this request solely to seek useful information as we update our review
plan. While responses to this request do not bind the Department to any
further actions related to the response, all submissions will be made
available to the public on https://www.dol.gov/regulations/regreview/.
Authority: E.O. 13653, 76 FR 3821, Jan. 21, 2011; E.O. 12866, 58
FR 51735, Oct. 4, 1993.
Dated: January 28, 2015.
Christopher P. Lu,
Deputy Secretary.
[FR Doc. 2015-01916 Filed 2-2-15; 8:45 am]
BILLING CODE 4510-23-P
