Document Z4VEo0OdG0b4BR6k0ExNZmb8

The process for designating "significant" regulatory actions set forth in EO 12866 has not changed and we ask that you consult with your agency's OIRA desk officer on significance determinations for planned regulatory actions. An Agency's introductory narrative in the Fall 2017 Regulatory Plan should include the following. See Attachment 1 for further detail. Agencies should discuss their regulatory and deregulatory priorities. These discussions should address recent legislative and programmatic activities that affect regulation and should provide context for the regulatory actions identified in the Plan. Agencies should, consistent with EO 13771, present the aggregated number of anticipated regulatory and deregulatory regulations. Agencies should further expressly note that the count of EO 13771 deregulatory regulations excludes non-rulemakings, such as guidance or information collections, that will not appear in the Agenda. Agencies may also wish to briefly acknowledge either broad categories of anticipated deregulatory actions or specific examples of anticipated deregulatory actions that will not appear in the Agenda. Agencies should highlight rulemakings expected to have large net benefits (where benefits exceed costs). Agencies should highlight rulemakings that promote open government and that use disclosure as a regulatory tool. Agencies should highlight rulemakings that streamline regulations and reduce unjustified burdens. Agencies should identify regulations that are of particular interest to small business. Please discuss these regulations in a separate section of the introductory narrative. Agencies should draw their plans in accordance with Section 6 of Executive Order 13563, "Improving Regulation and Regulatory Review," 76 FR 3821 (January 18, 2011) to conduct retrospective review of existing rules to identify rules that are "outmoded, ineffective, insufficient, or excessively burdensome," and to determine whether such regulations should be "modified, streamlined, expanded, or repealed" to make regulatory programs more effective or less burdensome in achieving their regulatory objectives. The following are suggested steps you can take to improve your agency's Agenda: In recent years, a large number of Unified Agenda entries have reflected regulatory actions for which no substantial activity was expected within the 4 coming year. Many of these entries are listed as "Long-Term." We have retained the ability to list these items in the Agenda, and see merit in their continued inclusion, particularly notable rulemakings that may not conclude in the coming year. Please, however, consider whether the listing of such entries benefits the public. Many entries are listed with projected dates that have simply been moved forward year after year, with no action taken. Unless the agency realistically intends to take action over the next 12 months, please consider removing these items from the Agenda. Please review any Unified Agenda entries marked "Routine and Frequent" or "Informational/Administrative/Other" and consider whether these entries (1) are categorized correctly and (2) meet the criteria for inclusion in the Unified Agenda under Executive Order 12866. The timetables that appear for each entry in the Unified Agenda are particularly important for public understanding of the timing for participation in the regulatory process. Please take all reasonable steps to ensure the accuracy of timetable information. Maintaining the quality of Unified Agenda content requires consistency of agency data. As one example of coordinating related information, please make sure that responses for Priority, EO 13771 designation, Major, Unfunded Mandates, Federalism, and Government Levels Affected are consistent within an agency. Abstracts should inform readers of the reason the rulemaking is under development and what the agency intends to accomplish. Entries with outdated information, or abstracts that merely repeat content appearing elsewhere in the entry--such as the title, timetable, or legal authority-- detract from the usefulness of the Agenda, and should be avoided. An Update on Inactive Actions Beginning with the 2017 update to the Agenda, inactive actions, which do not appear in the Agenda, were published on reginfo.gov. In the Fall 2017 Agenda and going forward, inactive actions will continue to be published on reginfo.gov. Inactive actions will also be chronologically searchable. See Attachment 2 for further detail. 5 entries are numbered sequentially in the printed Federal Register edition, from the beginning to the end of the Plan. The Plan will also be available online as part of the Agenda at www.reginfo.gov. The Plan will be presented online in the form of a searchable database, rather than as a single document that is ordered according to a prescribed sequence. What Information Appears for Each Statement of Regulatory and Deregulatory Priorities? As specified in the data call, each statement or introductory narrative should be sufficiently specific to ensure that policymakers and those affected will understand your regulatory strategy and your long-term priorities. You may want to include a specific reference to the most important significant regulatory and deregulatory actions that will implement these priorities and to any applicable legislative proposals under development or already initiated by you that will further these regulatory priorities. Please also include a list of any existing regulations that are under review and your agency's plan for soliciting public comments during the review. What Information Should Appear in the Plan in Order to Satisfy Section 3 of EO 13771? Each agency's Plan narrative should reference the requirements under Section 3(a) of EO 13771 and provide further detail as specified in the data call. An agency's preliminary EO 13771 designation, the abstract, and preliminary cost estimates will be viewed as satisfying EO 13771 's Section 3 regulatory cost submission requirements. See Attachment 3 for best practices in estimating costs and cost savings of anticipated EO 13771 actions. What Information Appears for Each Regulation Included in The Regulatory Plan? Each entry in the Plan contains the same data elements that appear in a normal Agenda entry, including a RIN. Each Plan entry also contains two or more of the following additional fields. It must contain at least the Statement of Need and Anticipated Costs and Benefits. 1. Statement of Need. This is a description of the need for the regulatory action (Sec. 4(c)(1)(D) of EO 12866). 2. Summary of the Legal Basis. This should include a description of the legal basis for 9 the action and whether any aspect of the action is required by statute or court order (Sec. 4(c)(1)(C) of EO 12866). 3. Alternatives. This should describe, to the extent possible, the alternatives the agency has considered or will consider for analysis (Sec. 4(c)(1)(B) of EO 12866). Special consideration should be given to flexible approaches that "reduce burdens" and maintain "freedom of choice for the public" (Sec. 4 of EO 13563). 4. Anticipated Costs and Benefits. This should include "preliminary estimates of the anticipated costs and benefits" of the regulatory action (Sec. 4(c)(1)(B) of EO 12866). 8 ATTACHMENT 3 Executive Order 13771 Designation For the Fall 2017 Agenda, EO 13771 requirements as detailed in Guidance apply to agencies. This attachment explains how to complete EO 13771 Worksheets and explains recent changes in the ROCIS system. Agencies must provide preliminary designations in ROCIS as part of their Agenda submission and submit a fully completed EO 13771 Worksheet by the September 18, 2017 Deadline. While agencies' Agenda submissions apply to Fiscal Year 2018, agencies must provide both Fiscal Year 2017 updates and Fiscal Year 2018 (and beyond) designations in their EO 13771 Worksheet. Information provided in the EO 13771 Worksheet will be used to assess agency compliance with the Fiscal Year 2017 and 2018 cost allowances. As such, agencies should ensure that OIRA has the most accurate information for each fiscal year. The accounting period for the Fiscal Year 2017 offset requirements will close September 30, 2017. How Can An Agency Designate An Action As An EO 13771 Preliminary Action? Agencies will provide a preliminary EO 13771 designation for each action submitted in the Agenda. These designations, defined by Guidance, will be made via a new drop down menu in the ROCIS system. Designations follow: Deregulatory - an action that has been finalized and has total costs less than zero; Regulatory - is either (i) a significant regulatory action as defined in Section 3(f) of EO 12866 that has been finalized and that imposes total costs greater than zero; or (ii) a significant guidance document (e.g., significant interpretive guidance) reviewed by OIRA under the procedures of EO 12866 that has been finalized and that imposes total costs greater than zero; Exempt - is an action that is either (i) expressly exempt by EO 13771 (issued with respect to a "military,national security, or foreign affairs function of the United States"; or related to "agency organization, management, or personnel"); or (ii) addresses an emergency such as critical health, safety, financial, or non-exempt national security matters (offset requirements may be exempted or delayed); or (iii) required to meet a statutory or judicial deadline (offset requirements may be exempted or delayed); or (iv) expected to generate de minimis costs; Waived - per Section 3(c) of EO 13771, an action for which the agency received written approval from the Director of OMB for an exemption from EO 13771 offset and publication requirements, or requirements are otherwise waived by law; Other - at the time of designation, either the available information is too preliminary to determine EO 13771 status or other reasonable circumstances preclude an EO 13771 designation. 19 How Should Anticipated EO 13771 Costs and Cost Savings Be Estimated for Both the Agenda and the EO 13771 Worksheet? Regarding cost estimates for anticipated actions, to the extent possible, such estimates should be consistent with best practices established in OMB Circular A-4, "Regulatory Analysis," (September 17, 2003). OMB requests that agencies base cost estimates on their best current prediction of the planned fiscal year actions. Also consistent with Circular A-4, where significant uncertainty underlies an estimate, a range or even qualitative presentation is preferred. Agencies make any such estimates with the understanding that they are subject to discussion and revision during the rulemaking, review, and regulatory budgeting processes. As a related point, all agencies should make a conscious effort to complete the Economic Data page in ROCIS when they subsequently submit a rulemaking for EO 12866 review. What Is the EO 13771 Worksheet? The EO 13771 Worksheet is an Excel file provided to the agencies with this data call. It has four tabs as listed: 1. Instructions - a step-by-step guide on how to complete the EO 13771 Worksheet; a list of links for associated OMB guidance; and upload instructions for the Unified Agenda MAX Community Page. 2. Primary Worksheet - the primary data collection sheet - each row represents a record associated with a RIN; and each column is a descriptive field. Agencies should record all EO 13771 actions, except information collections, in the primary work sheet. Please record information collections in the ICR Worksheet. 3. ICR Worksheet - the dedicated information collection sheet - each row represents a record associated with an OMB control number; and each column is a descriptive field. The ICR Worksheet also requires estimated annualized burden hours. 4. Field Explanations - a list of all the data field names; their associated identification number; an explanation of the data field; and the type of required data. Please follow the step-by-step Instructions (first tab). Enter all required values in the EO 13771 Primary Worksheet (second tab). Enter all required data values in the ICR Worksheet (third tab). Please note that the EO 13771 Primary Worksheet and ICR Worksheet will only accept values in the required data format. For example, the primary cost/cost savings estimate field only accepts numeric data, while other fields only allow selection from a drop down list. Please make sure that all submitted values meet the data specification identified in the Field Explanations (fourth tab). 20 What Part of the EO 13771 Worksheet Do I Need to Complete? Please follow the step-by-step Instructions. If you are not able to enter a data value, please reference the Field Explanations to verify the appropriate format. If you are unable to enter a designated field type, please use the contact list in the Instructions for technical assistance. What Fields Must be Completed in the EO 13771 Primary Worksheet and ICR Worksheets? Field Explanations defines the full list of data fields for both the Primary and ICR Worksheets, along with the associated data value and/or format validation requirements. Include the following data values in each worksheet: EO 13771 Primary Worksheet Agency Name Sub-agency Name RIN/Agency Identifier Action Title Type of Action Preliminary Summary Executive Order 12866 Significance Recommendation Expected Finalization Regulatory/ Deregulatory Statutorily or Judicially-Required Reference (Statute or Judicial Identifier) Deadline for Statutorily or Judicially-Required Action Primary Cost Estimate at 7 percent Primary Cost Estimate at 3 percent Low Range Estimate at 7 percent Low Range Estimate at 3 percent High Range Estimate at 7 percent High Range Estimate at 3 percent Length of Time that Costs or Cost Savings Occur (in years) Primary North American Industry Classification System Code (NAICS) EO 13771 ICR Worksheet Agency Name Sub-agency Name RIN/Agency Identifier 21