[Federal Register Volume 66, Number 16 (Wednesday, January 24, 2001)]
[Pages 7701-7702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2368]

[[Page 7701]]


Part III

Executive Office of the President


The White House Office


Memorandum for the Heads and Acting Heads of Executive Departments and 

Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / 

[[Page 7702]]



The White House Office

Memorandum for the Heads and Acting Heads of Executive 
Departments and Agencies

January 20, 2001



Andrew H. Card, Jr.,
Assistant to the President and Chief of Staff.

SUBJECT: Regulatory Review Plan.

    The President has asked me to communicate to each of you his plan 
for managing the Federal regulatory process at the outset of his 
Administration. In order to ensure that the President's appointees have 
the opportunity to review any new or pending regulations, I ask on 
behalf of the President that you immediately take the following steps:
    1. Subject to any exceptions the Director or Acting Director of the 
Office of Management and Budget (the ``OMB Director'') allows for 
emergency or other urgent situations relating to health and safety, 
send no proposed or final regulation to the Office of the Federal 
Register (the ``OFR'') unless and until a department or agency head 
appointed by the President after noon on January 20, 2001, reviews and 
approves the regulatory action. The department or agency head may 
delegate this power of review and approval to any other person so 
appointed by the President, consistent with applicable law.
    2. With respect to regulations that have been sent to the OFR but 
not published in the Federal Register, withdraw them from OFR for 
review and approval as described in paragraph 1, subject to exception 
as described in paragraph 1. This withdrawal must be conducted 
consistent with the OFR procedures.
    3. With respect to regulations that have been published in the OFR 
but have not taken effect, temporarily postpone the effective date of 
the regulations for 60 days, subject to exception as described in 
paragraph 1.
    4. Exclude from the requested actions in paragraphs 1-3 any 
regulations promulgated pursuant to statutory or judicial deadlines and 
identify such exclusions to the OMB Director as soon as possible.
    5. Notify the OMB Director promptly of any regulations that, in 
your view, impact critical health and safety functions of the agency 
and therefore should be also excluded from the directives in paragraphs 
1-3. The Director will review any such notifications and determine 
whether exception is appropriate under the circumstances.
    6. Continue in all instances to comply with Executive Order 12866, 
pending our review of that order, as well as any other applicable 
Executive Orders concerning regulatory management.
    As used in this memorandum, ``regulation ''has the meaning set out 
in section 3(e) of Executive Order 12866. That is, this plan covers 
``any substantive action by an agency (normally published in the 
Federal Register) that promulgates or is expected to lead to the 
promulgation of a final rule or regulation, including notices of 
inquiry, advance notices of proposed rulemaking, and notices of 
proposed rulemaking.''
    This regulatory review will be implemented by the Director or 
Acting Director of the OMB. Communications regarding exceptions to the 
review, or questions regarding the review generally, should be 
addressed to that individual.
    Finally, in the interest of sound regulatory practice and the 
avoidance of costly, burdensome, or unnecessary regulation, independent 
agencies are encouraged to participate voluntarily in this review.
    This memorandum shall be published in the Federal Register.
[FR Doc. 01-2368 Filed 1-23-01; 11:43 am]