1. NEIL EISNER ASSISTANT GENERAL COUNSEL DEPARTMENT OF TRANSPORTATION MARCH 10, 2011 ACUS Workshop on Retrospective Review of Existing Regulations Planning an Agency’s Review

2. 2 Background

3. “Regular” vs. “Special” Reviews 3 Regular reviews  Required by statute, executive order, and agency order  DOT has 10-year, “rolling” review Special reviews; e.g.:  Presidents/other officials mandate special, short-term reviews, such as EO 13563  Public petitions  Post-accident/incident analysis  Reaction to requests for interpretations

4. Not Simple and Easy 4 Not just read and decide; public participation, research, and analysis may be necessary E.g., FAA aircraft certification regulations review  11 of 73 FAA CFR parts  ≈2,000 public suggestions  Public hearings and other steps to narrow  8 NPRMs, ≈ 200 pages each, ≈ 600 proposed changes  9 final rules, ≈ 200 pages each, ≈ 500 changes adopted  8 years to complete E.g., NHTSA major statistical evaluations of rules  75 -100 pages, 1,ooo – 2,ooo FTE hours, 1 – 2 years to complete

5. 5 E.O. 13563

6. Time and Resources 6 Significant constraints Obtain and retain senior-level involvement Involve public early through simple notices Solicit ideas from non-regulatory agency staff (e.g., enforcement staff and data analysts) Each agency has to tailor actions to specific responsibilities (e.g., type of entities regulated)

7. Public Participation 7 Federal Register + press announcements, web notices, and mass emails Written comments + IdeaScale Public meeting(s) + webcasting and phone lines Website for quick/easy access to information Time for hearing registration, length of comment period, etc. STRESS: existing rules, existing rules, existing…

8. Early Planning for Effective Implementation 8 Effective methods for identifying good review candidates and list of rules Questions for agency and public to consider More on that during implementation panel

9. 9 Conclusion