Request for Information, 50689-50691 [2018-21765]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
By order of the Commission.
Issued: October 3, 2018.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2018–21951 Filed 10–4–18; 11:15 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Meeting of the Compact Council for the
National Crime Prevention and Privacy
Compact
Federal Bureau of
Investigation, DOJ.
ACTION: Meeting notice.
AGENCY:
The purpose of this notice is
to announce a meeting of the National
Crime Prevention and Privacy Compact
Council (Council) created by the
National Crime Prevention and Privacy
Compact Act of 1998 (Compact). Thus
far, the Federal Government and 31
states are parties to the Compact which
governs the exchange of criminal history
records for licensing, employment, and
similar purposes. The Compact also
provides a legal framework for the
establishment of a cooperative federalstate system to exchange such records.
The United States Attorney General
appointed 15 persons from state and
federal agencies to serve on the Council.
The Council will prescribe system rules
and procedures for the effective and
proper operation of the Interstate
Identification Index system for
noncriminal justice purposes.
Matters for discussion are expected to
include:
(1) National Fingerprint File
Participation Implementation Plan
Update
(2) Updates to the Civil Fingerprint
Image Quality Strategy Guide
(3) Compact Council Member Duties
and Expectations
The meeting will be open to the public
on a first-come, first-seated basis. Any
member of the public wishing to file a
written statement with the Council or
wishing to address this session of the
Council should notify the Federal
Bureau Of Investigation (FBI) Compact
Officer, Mrs. Chasity S. Anderson at
(304) 625–2803, at least 24 hours prior
to the start of the session. The
notification should contain the
individual’s name and corporate
designation, consumer affiliation, or
government designation, along with a
short statement describing the topic to
be addressed and the time needed for
the presentation. Individuals will
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SUMMARY:
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ordinarily be allowed up to 15 minutes
to present a topic.
DATES AND TIMES: The Council will meet
in open session from 9 a.m. until 5 p.m.,
on November 7, 2018 and 9 a.m. until
12 p.m. on November 8, 2018.
ADDRESSES: The meeting will take place
at the Westshore Grand Hotel, 4860
West Kennedy Boulevard, Tampa,
Florida, 813–286–4400.
FOR FURTHER INFORMATION CONTACT:
Inquiries may be addressed to: Mrs.
Chasity S. Anderson, FBI Compact
Officer, Module D3, 1000 Custer Hollow
Road, Clarksburg, West Virginia 26306,
telephone 304–625–2803, facsimile
304–625–2868.
Dated: September 25, 2018.
Chasity S. Anderson,
FBI Compact Officer, Criminal Justice
Information Services Division, Federal Bureau
of Investigation.
[FR Doc. 2018–21829 Filed 10–5–18; 8:45 am]
Notice of Lodging Proposed Consent
Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
United States v. Saratoga Springs
Owners Association, Inc., et al., Case
No. 2:17–cv–01244–DAK–BCW, was
lodged with the United States District
Court for the District of Utah, Central
Division, on October 1, 2018.
This proposed Consent Decree
concerns a complaint filed by the
United States against the Saratoga
Springs Owners Association, Inc. and
Cross Marine Projects, Inc., pursuant to
sections 301(a), 309(b), and 309(d) of the
Clean Water Act, 33 U.S.C. 1311(a),
1319(b), and 1319(d), to obtain
injunctive relief from and impose civil
penalties against the Defendants for
violating the Clean Water Act by
discharging pollutants without a permit
into waters of the United States. The
proposed Consent Decree resolves these
allegations by requiring the Defendants
to restore the impacted areas, perform
mitigation, and pay a civil penalty.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
David A. Carson, Senior Trial Counsel,
United States Department of Justice,
Environment and Natural Resources
Division, 999 18th Street, South Terrace,
Suite 370, Denver, Colorado 80202, and
refer to United States v. Saratoga
Fmt 4703
Cherie L. Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2018–21770 Filed 10–5–18; 8:45 am]
BILLING CODE 4410–15–P
OFFICE OF MANAGEMENT AND
BUDGET
Request for Information
Office of Information and
Regulatory Affairs, Office of
Management and Budget.
ACTION: Request for Information (RFI).
DEPARTMENT OF JUSTICE
Frm 00059
Springs Owners Association, et al., DJ
#90–5–1–1–20715.
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the District of
Utah, 351 South West Temple, Room
1.100, Salt Lake City, Utah 84101. In
addition, the proposed Consent Decree
may be examined electronically at
https://www.justice.gov/enrd/consentdecrees.
AGENCY:
BILLING CODE 4410–02–P
PO 00000
50689
Sfmt 4703
The Office of Information and
Regulatory Affairs (OIRA), within the
Office of Management and Budget, is
seeking public input on how the Federal
Government, under the auspices of the
United States-Canada Regulatory
Cooperation Council, may reduce or
eliminate unnecessary regulatory
differences between the United States
and Canada. This request for
information (RFI) may inform agencies’
development of regulatory reform
proposals to modify or repeal existing
agency requirements to increase
efficiency related to economic activity
with Canada, reduce or eliminate
unnecessary or unjustified regulatory
burdens, or simplify regulatory
compliance, while continuing to meet
agency missions and statutory
requirements. OIRA also seeks public
comment to identify ongoing or
emerging areas for which cooperation
could reduce the risk of divergence
between U.S. and Canadian regulations.
OIRA plans to make all submissions
publicly available on
www.regulations.gov.
DATES: Written comments and
information are requested on or before
November 8, 2018.
ADDRESSES: Interested persons are
encouraged to submit comments,
identified by ‘‘US-Canada RCC RFI,’’ by
any of the following methods: Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: InternationalSUMMARY:
E:\FR\FM\09OCN1.SGM
09OCN1
50690
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
OIRA@OMB.eop.gov. Include ‘‘USCanada RCC RFI’’ in the subject line of
the message.
FOR FURTHER INFORMATION CONTACT: Vlad
Dorjets, Office of Information and
Regulatory Affairs, 725 17th Street NW,
Washington, DC 20503. Telephone:
202–395–7315.
SUPPLEMENTARY INFORMATION:
I. Request for Information
To help promote U.S. regulatory
cooperation activities with Canada,
OIRA seeks public comment on how to
reduce burdens through the reduction of
differences between U.S. and Canadian
regulatory requirements, conformity
assessment procedures, sub-regulatory
guidance, and other related policies and
procedures. In addition, OIRA invites
comment on specific issues and sectors
in which future cooperation would
prove fruitful, including proposals to
align regulatory systems, streamline
bilateral cooperation, and improve
stakeholder engagement. Although some
agencies that participate in the U.S.Canada Regulatory Cooperation Council
(RCC) or are otherwise engaged in
regulatory cooperation with Canada
have previously sought regulatory
reform ideas from the public, this RFI
seeks broader input on regulations with
respect to which international
regulatory cooperation might be
beneficial across all agencies, even those
not presently engaged in such
endeavors.
OIRA intends to communicate
regulatory reform suggestions received
in response to this RFI for consideration
by the appropriate U.S. Federal
agencies. OIRA may also communicate
suggestions to the Treasury Board of
Canada Secretariat (TBC) to get a
broader perspective on these policy
areas, including the potential cost
reductions that could result from
cooperation. Suggestions from the
public may also inform discussion of
these issues at public meetings
sponsored by the RCC or participating
agencies.
OIRA has identified some key topics
on which stakeholder insights would be
most helpful, though input on
opportunities for international
regulatory cooperation beyond these
topics is also welcome:
(1) Particular sectors or issues for
which the RCC should consider future
regulatory cooperation or further
regulatory alignment to reduce burden
or other cost, including for emerging
technologies that are not yet regulated.
VerDate Sep<11>2014
19:13 Oct 05, 2018
Jkt 247001
(2) Particular forms, surveys, or other
information collections that exist in
both the United States and Canada
where consolidation could reduce
burden or increase practical utility.
(3) The appropriate role for
stakeholders in furthering international
regulatory cooperation and how
stakeholders can best engage with
Canadian and U.S. regulators on
regulatory cooperation opportunities.
(4) Cooperative mechanisms or
arrangements such as co-development,
co-funding, or co-piloting which can be
used to promote future international
regulatory alignment.
(5) Potential alternatives to direct
regulation or innovative and flexible
approaches to regulation, including for
emerging technologies.
(6) Whether the RCC should continue
the existing set of work plans and/or
whether activities in the work plans
should be revised better to reflect
developments in the relevant sectors.
When providing comments, OIRA
requests that commenters identify the
relevant regulatory agency or agencies
and also specify the regulation,
guidance document, form, or reporting
requirement at issue, providing legal
citation or form number and OMB
Control Number where available. Please
identify, where applicable, the relevant
statutory or regulatory provisions for
each jurisdiction (or an indication that
such provisions do not exist in one or
both jurisdictions). OIRA also requests
that commenters provide as much detail
as possible in describing the issue or
unnecessary difference, as well as an
explanation of how and why agencies
could align, modify, streamline, or
repeal the regulatory requirements,
while still achieving their regulatory
and/or statutory objectives. OIRA also
requests that commenters include,
wherever possible, supporting data or
other quantitative information such as
information about the burdens or cost
resulting from the regulatory divergence
and the possible burden or cost
reduction from alignment, details on
measurable benefits for industry,
government, or consumers, and an
assessment of the net benefits of
enhanced regulatory alignment. Please
specify the time period over which
impacts have or are projected to accrue.
II. Background
A. The Regulatory Cooperation Council
The United States and Canada share
many regulatory objectives, including
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
reducing unnecessary or duplicative
regulatory costs that discourage
economic activity. The two countries,
however, often select different
approaches for achieving their policy
objectives. These divergent approaches
can lead to different regulatory
requirements in the two countries,
hindering national and cross-border
economic activity, and imposing
unnecessary costs on citizens,
businesses, and economies. Even when
the two countries opt to address a policy
objective in the same way,
implementation may result in
duplicative paperwork requirements or
procedures on both sides of the border.
In many cases, these differences are
unavoidable due to different statutory or
legal requirements or additional policy
considerations. In other cases, however,
these differences may be avoidable and
thus impose unnecessary burdens.
To identify, and reduce or eliminate,
these unnecessary regulatory differences
and duplicative procedures, as well as
to increase regulatory transparency, the
United States and Canada created the
RCC in 2011. Several months after its
creation, the two countries released
Terms of Reference (2011 TOR) setting
out the RCC’s mandate, organization,
and guiding principles.1 The RCC is
chaired by OIRA and TBC. As the
regulatory oversight bodies of the
United States and Canada, OIRA and
TBC provide strategic direction to their
respective regulatory agencies on
regulatory cooperation initiatives.
The 2011 TOR acknowledged that
each country would maintain its
sovereign power to regulate and that
regulatory outcomes for consumer
protection, health, safety, security, and
the environment would not be
compromised. At its founding, the RCC
understood that unnecessary regulatory
differences ‘‘do not increase regulatory
benefits, and instead impose needless
additional burdens and costs for both
businesses and consumers.’’
1. Following successful
implementation of the 2011 Joint Action
Plan—which set out 29 initiatives
covering a wide range of regulatory
work, from transportation and
agriculture to nanomaterials 2—the RCC
issued a Joint Forward Plan (JFP) in
2014, which summarized lessons
1 Available at www.trade.gov/rcc/us-canada_rcc_
terms_of_reference.pdf.
2 Available at https://www.trade.gov/rcc/2011Joint-Action-Plan.pdf.
E:\FR\FM\09OCN1.SGM
09OCN1
amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
learned from the preceding three years
and laid out a plan for the following
years.3 Specifically, it called for
regulatory agencies on both sides of the
border to develop Regulatory
Partnership Statements (RPSs). These
statements are public documents that
outline the framework for how partner
agencies manage cooperation activities.
The JFP also called for the partner
agencies to issue public ‘‘work plans’’
which set out commitments to cooperate
in specific areas of regulatory activity.
The most recent set of 23 work plans
was released in 2016 and cover a variety
of topics relating to public health (e.g.,
pharmaceutical and biological products,
over-the-counter products, pesticides,
workplace chemicals), plant and animal
health (e.g., meat inspections, food
safety), automobiles (e.g., connected
vehicles, motor vehicle standards),
aviation (e.g., unmanned aerial
vehicles), chemical management,
medical devices, locomotives (e.g., rail
safety, locomotive emissions), pipeline
safety, and marine safety. The full set of
work plans is available for review
(together with related Regulatory
Partnership Statements) at
www.trade.gov/rcc/.
In February 2017, the Joint Statement
of President Trump and Prime Minister
Trudeau committed the two
governments to ‘‘continue our dialogue
on regulatory issues and pursue shared
regulatory outcomes that are businessfriendly, reduce costs, and increase
economic efficiency without
compromising health, safety, and
environmental standards.’’ To that end,
on June 4, 2018, OIRA and TBC signed
a new Memorandum of Understanding
(MOU) on regulatory cooperation.4 The
MOU reaffirms the principles and
commitments of the RCC and of
regulatory cooperation in general. It also
included, as an Annex, a new RCC
Terms of Reference (2018 TOR) which
lays out an updated understanding on
principles, mandate, and stakeholder
engagement. The 2018 TOR also
identified characteristics of sectors in
which regulatory cooperation may prove
most fruitful:
1. Sectors that are characterized by
high levels of integration and a history
of cooperative regulatory approaches
and supporting activities;
2. Sectors that have well-developed
pre-existing regulatory frameworks that
are designed to achieve similar
3 Available at https://
obamawhitehouse.archives.gov/sites/default/files/
omb/oira/irc/us-canada-rcc-joint-forward-plan.pdf.
4 Available at https://www.whitehouse.gov/wpcontent/uploads/2018/06/US-CanadaMOU.pdf.
VerDate Sep<11>2014
19:13 Oct 05, 2018
Jkt 247001
outcomes but that are currently a barrier
to increased integration and activity;
3. Sectors that offer significant,
emerging growth potential and that are
characterized by rapidly evolving
technologies where regulatory
approaches are anticipated or are
currently in early stages of
development; and
4. Sectors where regulatory
cooperation is intended to support
export growth in North America.
B. Executive Order 13771
On January 30, 2017, the President
issued Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’ 5 That Order states
that ‘‘the policy of the Executive branch
is to be prudent and financially
responsible in the expenditure of funds,
from both public and private sources.’’
The Order states, ‘‘[I]t is essential to
manage the costs associated with the
governmental imposition of private
expenditures required to comply with
Federal regulations.’’ The Order also
requires that, for each fiscal year,
agencies must identify in their
Regulatory Plans 6 offsetting regulations
for each regulation that increases
incremental cost and ‘‘provide the
agency’s best approximation of the total
costs or savings associated with each
new regulation or repealed regulation.’’
In issuing guidance to agencies on the
implementation of E.O. 13771, on April
5, 2017, the Office of Management and
Budget recognized that international
regulatory cooperation may serve
deregulatory functions and help
agencies achieve the objectives of
Executive Order 13771.7
C. Executive Order 13609
Executive Order 13609, ‘‘Promoting
International Regulatory Cooperation,’’
signed on May 4, 2012, acknowledges
the importance of international
regulatory cooperation and recognizes
that ‘‘differences between the regulatory
approaches of U.S. agencies and those of
their foreign counterparts might not be
necessary and might impair the ability
of American businesses to export and
compete internationally.’’ This RFI
advances the Executive Order’s
objective by identifying unnecessary
5 Available at https://www.gpo.gov/fdsys/pkg/FR2017-02-03/pdf/2017-02451.pdf.
6 See Exec. Order No. 12,866, 58 FR 51735 (Sept.
30, 1993).
7 Available at https://www.whitehouse.gov/sites/
whitehouse.gov/files/omb/memoranda/2017/M-1721-OMB.pdf.
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
50691
differences between U.S. and Canadian
regulatory approaches.
Neomi Rao,
Administrator, Office of Information and
Regulatory Affairs.
[FR Doc. 2018–21765 Filed 10–5–18; 8:45 am]
BILLING CODE 3110–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0224]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
Nuclear Regulatory
Commission.
ACTION: Biweekly notice.
AGENCY:
Pursuant to Section 189a.(2)
of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear
Regulatory Commission (NRC) is
publishing this regular biweekly notice.
The Act requires the Commission to
publish notice of any amendments
issued, or proposed to be issued, and
grants the Commission the authority to
issue and make immediately effective
any amendment to an operating license
or combined license, as applicable,
upon a determination by the
Commission that such amendment
involves no significant hazards
consideration, notwithstanding the
pendency before the Commission of a
request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued, from September
11, 2018, to September 24, 2018. The
last biweekly notice was published on
September 25, 2018.
DATES: Comments must be filed by
November 8, 2018. A request for a
hearing must be filed by December 10,
2018.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0224. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: May Ma, Office
of Administration, Mail Stop: TWFN–7–
SUMMARY:
E:\FR\FM\09OCN1.SGM
09OCN1
Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50689-50691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21765]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Request for Information
AGENCY: Office of Information and Regulatory Affairs, Office of
Management and Budget.
ACTION: Request for Information (RFI).
-----------------------------------------------------------------------
SUMMARY: The Office of Information and Regulatory Affairs (OIRA),
within the Office of Management and Budget, is seeking public input on
how the Federal Government, under the auspices of the United States-
Canada Regulatory Cooperation Council, may reduce or eliminate
unnecessary regulatory differences between the United States and
Canada. This request for information (RFI) may inform agencies'
development of regulatory reform proposals to modify or repeal existing
agency requirements to increase efficiency related to economic activity
with Canada, reduce or eliminate unnecessary or unjustified regulatory
burdens, or simplify regulatory compliance, while continuing to meet
agency missions and statutory requirements. OIRA also seeks public
comment to identify ongoing or emerging areas for which cooperation
could reduce the risk of divergence between U.S. and Canadian
regulations. OIRA plans to make all submissions publicly available on
www.regulations.gov.
DATES: Written comments and information are requested on or before
November 8, 2018.
ADDRESSES: Interested persons are encouraged to submit comments,
identified by ``US-Canada RCC RFI,'' by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments. Email: International-
[[Page 50690]]
[email protected] Include ``US-Canada RCC RFI'' in the subject line of
the message.
FOR FURTHER INFORMATION CONTACT: Vlad Dorjets, Office of Information
and Regulatory Affairs, 725 17th Street NW, Washington, DC 20503.
Telephone: 202-395-7315.
SUPPLEMENTARY INFORMATION:
I. Request for Information
To help promote U.S. regulatory cooperation activities with Canada,
OIRA seeks public comment on how to reduce burdens through the
reduction of differences between U.S. and Canadian regulatory
requirements, conformity assessment procedures, sub-regulatory
guidance, and other related policies and procedures. In addition, OIRA
invites comment on specific issues and sectors in which future
cooperation would prove fruitful, including proposals to align
regulatory systems, streamline bilateral cooperation, and improve
stakeholder engagement. Although some agencies that participate in the
U.S.-Canada Regulatory Cooperation Council (RCC) or are otherwise
engaged in regulatory cooperation with Canada have previously sought
regulatory reform ideas from the public, this RFI seeks broader input
on regulations with respect to which international regulatory
cooperation might be beneficial across all agencies, even those not
presently engaged in such endeavors.
OIRA intends to communicate regulatory reform suggestions received
in response to this RFI for consideration by the appropriate U.S.
Federal agencies. OIRA may also communicate suggestions to the Treasury
Board of Canada Secretariat (TBC) to get a broader perspective on these
policy areas, including the potential cost reductions that could result
from cooperation. Suggestions from the public may also inform
discussion of these issues at public meetings sponsored by the RCC or
participating agencies.
OIRA has identified some key topics on which stakeholder insights
would be most helpful, though input on opportunities for international
regulatory cooperation beyond these topics is also welcome:
(1) Particular sectors or issues for which the RCC should consider
future regulatory cooperation or further regulatory alignment to reduce
burden or other cost, including for emerging technologies that are not
yet regulated.
(2) Particular forms, surveys, or other information collections
that exist in both the United States and Canada where consolidation
could reduce burden or increase practical utility.
(3) The appropriate role for stakeholders in furthering
international regulatory cooperation and how stakeholders can best
engage with Canadian and U.S. regulators on regulatory cooperation
opportunities.
(4) Cooperative mechanisms or arrangements such as co-development,
co-funding, or co-piloting which can be used to promote future
international regulatory alignment.
(5) Potential alternatives to direct regulation or innovative and
flexible approaches to regulation, including for emerging technologies.
(6) Whether the RCC should continue the existing set of work plans
and/or whether activities in the work plans should be revised better to
reflect developments in the relevant sectors.
When providing comments, OIRA requests that commenters identify the
relevant regulatory agency or agencies and also specify the regulation,
guidance document, form, or reporting requirement at issue, providing
legal citation or form number and OMB Control Number where available.
Please identify, where applicable, the relevant statutory or regulatory
provisions for each jurisdiction (or an indication that such provisions
do not exist in one or both jurisdictions). OIRA also requests that
commenters provide as much detail as possible in describing the issue
or unnecessary difference, as well as an explanation of how and why
agencies could align, modify, streamline, or repeal the regulatory
requirements, while still achieving their regulatory and/or statutory
objectives. OIRA also requests that commenters include, wherever
possible, supporting data or other quantitative information such as
information about the burdens or cost resulting from the regulatory
divergence and the possible burden or cost reduction from alignment,
details on measurable benefits for industry, government, or consumers,
and an assessment of the net benefits of enhanced regulatory alignment.
Please specify the time period over which impacts have or are projected
to accrue.
II. Background
A. The Regulatory Cooperation Council
The United States and Canada share many regulatory objectives,
including reducing unnecessary or duplicative regulatory costs that
discourage economic activity. The two countries, however, often select
different approaches for achieving their policy objectives. These
divergent approaches can lead to different regulatory requirements in
the two countries, hindering national and cross-border economic
activity, and imposing unnecessary costs on citizens, businesses, and
economies. Even when the two countries opt to address a policy
objective in the same way, implementation may result in duplicative
paperwork requirements or procedures on both sides of the border. In
many cases, these differences are unavoidable due to different
statutory or legal requirements or additional policy considerations. In
other cases, however, these differences may be avoidable and thus
impose unnecessary burdens.
To identify, and reduce or eliminate, these unnecessary regulatory
differences and duplicative procedures, as well as to increase
regulatory transparency, the United States and Canada created the RCC
in 2011. Several months after its creation, the two countries released
Terms of Reference (2011 TOR) setting out the RCC's mandate,
organization, and guiding principles.\1\ The RCC is chaired by OIRA and
TBC. As the regulatory oversight bodies of the United States and
Canada, OIRA and TBC provide strategic direction to their respective
regulatory agencies on regulatory cooperation initiatives.
---------------------------------------------------------------------------
\1\ Available at www.trade.gov/rcc/us-canada_rcc_terms_of_reference.pdf.
---------------------------------------------------------------------------
The 2011 TOR acknowledged that each country would maintain its
sovereign power to regulate and that regulatory outcomes for consumer
protection, health, safety, security, and the environment would not be
compromised. At its founding, the RCC understood that unnecessary
regulatory differences ``do not increase regulatory benefits, and
instead impose needless additional burdens and costs for both
businesses and consumers.''
1. Following successful implementation of the 2011 Joint Action
Plan--which set out 29 initiatives covering a wide range of regulatory
work, from transportation and agriculture to nanomaterials \2\--the RCC
issued a Joint Forward Plan (JFP) in 2014, which summarized lessons
[[Page 50691]]
learned from the preceding three years and laid out a plan for the
following years.\3\ Specifically, it called for regulatory agencies on
both sides of the border to develop Regulatory Partnership Statements
(RPSs). These statements are public documents that outline the
framework for how partner agencies manage cooperation activities. The
JFP also called for the partner agencies to issue public ``work plans''
which set out commitments to cooperate in specific areas of regulatory
activity. The most recent set of 23 work plans was released in 2016 and
cover a variety of topics relating to public health (e.g.,
pharmaceutical and biological products, over-the-counter products,
pesticides, workplace chemicals), plant and animal health (e.g., meat
inspections, food safety), automobiles (e.g., connected vehicles, motor
vehicle standards), aviation (e.g., unmanned aerial vehicles), chemical
management, medical devices, locomotives (e.g., rail safety, locomotive
emissions), pipeline safety, and marine safety. The full set of work
plans is available for review (together with related Regulatory
Partnership Statements) at www.trade.gov/rcc/.
---------------------------------------------------------------------------
\2\ Available at https://www.trade.gov/rcc/2011-Joint-Action-Plan.pdf.
\3\ Available at https://obamawhitehouse.archives.gov/sites/default/files/omb/oira/irc/us-canada-rcc-joint-forward-plan.pdf.
---------------------------------------------------------------------------
In February 2017, the Joint Statement of President Trump and Prime
Minister Trudeau committed the two governments to ``continue our
dialogue on regulatory issues and pursue shared regulatory outcomes
that are business-friendly, reduce costs, and increase economic
efficiency without compromising health, safety, and environmental
standards.'' To that end, on June 4, 2018, OIRA and TBC signed a new
Memorandum of Understanding (MOU) on regulatory cooperation.\4\ The MOU
reaffirms the principles and commitments of the RCC and of regulatory
cooperation in general. It also included, as an Annex, a new RCC Terms
of Reference (2018 TOR) which lays out an updated understanding on
principles, mandate, and stakeholder engagement. The 2018 TOR also
identified characteristics of sectors in which regulatory cooperation
may prove most fruitful:
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\4\ Available at https://www.whitehouse.gov/wp-content/uploads/2018/06/US-CanadaMOU.pdf.
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1. Sectors that are characterized by high levels of integration and
a history of cooperative regulatory approaches and supporting
activities;
2. Sectors that have well-developed pre-existing regulatory
frameworks that are designed to achieve similar outcomes but that are
currently a barrier to increased integration and activity;
3. Sectors that offer significant, emerging growth potential and
that are characterized by rapidly evolving technologies where
regulatory approaches are anticipated or are currently in early stages
of development; and
4. Sectors where regulatory cooperation is intended to support
export growth in North America.
B. Executive Order 13771
On January 30, 2017, the President issued Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs.'' \5\ That
Order states that ``the policy of the Executive branch is to be prudent
and financially responsible in the expenditure of funds, from both
public and private sources.'' The Order states, ``[I]t is essential to
manage the costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations.'' The Order
also requires that, for each fiscal year, agencies must identify in
their Regulatory Plans \6\ offsetting regulations for each regulation
that increases incremental cost and ``provide the agency's best
approximation of the total costs or savings associated with each new
regulation or repealed regulation.''
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\5\ Available at https://www.gpo.gov/fdsys/pkg/FR-2017-02-03/pdf/2017-02451.pdf.
\6\ See Exec. Order No. 12,866, 58 FR 51735 (Sept. 30, 1993).
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In issuing guidance to agencies on the implementation of E.O.
13771, on April 5, 2017, the Office of Management and Budget recognized
that international regulatory cooperation may serve deregulatory
functions and help agencies achieve the objectives of Executive Order
13771.\7\
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\7\ Available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
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C. Executive Order 13609
Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' signed on May 4, 2012, acknowledges the importance of
international regulatory cooperation and recognizes that ``differences
between the regulatory approaches of U.S. agencies and those of their
foreign counterparts might not be necessary and might impair the
ability of American businesses to export and compete internationally.''
This RFI advances the Executive Order's objective by identifying
unnecessary differences between U.S. and Canadian regulatory
approaches.
Neomi Rao,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2018-21765 Filed 10-5-18; 8:45 am]
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