[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Pages 18260-18261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7504]


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OFFICE OF MANAGEMENT AND BUDGET


Draft 2011 Report to Congress on the Benefits and Costs of 
Federal Regulations

AGENCY: Office of Management and Budget, Executive Office of the 
President.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Office of Management and Budget (OMB) requests comments on 
its Draft 2011 Report to Congress on the Benefits and Costs of Federal 
Regulations. The Draft Report is divided into four chapters. Chapter I 
examines the benefits and costs of major Federal regulations issued in 
fiscal year 2010 and summarizes the benefits and costs of major 
regulations issued between October 2000 and September 2010. It also 
discusses regulatory impacts on State, local, and Tribal governments, 
small business, wages, and economic growth. Chapter II offers 
recommendations for regulatory reform. Chapter III provides an update 
on implementation of the Information Quality Act. Chapter IV summarizes 
agency compliance with the Unfunded Mandates Reform Act.

DATES: To ensure consideration of comments as OMB prepares the final 
version of this draft Report for submission to Congress, comments must 
be in writing and received by May 16, 2011. Comments on retrospective 
analysis studies are particularly appreciated by May 2, 2011.

ADDRESSES: Submit comments by one of the following methods:
     E-mail:
    [cir] For comments on the Draft 2011 Report to Congress on the 
Benefits and Costs of Federal Regulations: [email protected].
    [cir] For comments on retrospective analysis studies: [email protected]. Suggestions about particular rules that should be 
reevaluated, as well as studies of particular rules, should be directed 
to the agencies themselves.
     Fax: (202) 395-7285.
     Mail: Office of Information and Regulatory Affairs, Office 
of Management and Budget, NEOB, Room 10102, 725 17th Street, NW., 
Washington, DC 20038. We are still experiencing delays in the regular 
mail, including first class and express mail. To ensure that your 
comments are received, we recommend that comments on this draft report 
be electronically submitted.

[[Page 18261]]

    All comments and recommendations submitted in response to this 
notice will be made available to the public, including by posting them 
on OMB's Web site. For this reason, please do not include in your 
comments information of a confidential nature, such as sensitive 
personal information or proprietary information.

FOR FURTHER INFORMATION CONTACT: Office of Information and Regulatory 
Affairs, Office of Management and Budget, NEOB, Room 10102, 725 17th 
Street, NW., Washington, DC 20503. Telephone: (202) 395-3741.

SUPPLEMENTARY INFORMATION: Congress directed the Office of Management 
and Budget (OMB) to prepare an annual Report to Congress on the Costs 
and Benefits of Federal Regulations. Specifically, Section 624 of the 
FY 2001 Treasury and General Government Appropriations Act, also known 
as the ``Regulatory Right-to-Know Act,'' (the Act) requires OMB to 
submit a report on the costs and benefits of Federal regulations 
together with recommendation for reform. The Act states that the report 
should contain estimates of the costs and benefits of regulations in 
the aggregate, by agency and agency program, and by major rule, as well 
as an analysis of impacts of Federal regulation on State, local, and 
Tribal governments, small businesses, wages, and economic growth. The 
Act also states that the report should be subject to notice and comment 
and peer review.
    In this draft Report, available at: http://www.whitehouse.gov/omb/inforeg_regpol_reports_congress/, OMB offers the following 
recommendations:

    1. Consistent with Executive Order 13563, regulatory decisions 
and priority-setting should be made in a way that is attentive to 
the importance of promoting economic growth, innovation, job 
creation, and competitiveness.
    2. Agencies should accompany all economically significant 
regulations with (1) a tabular presentation, placed prominently and 
offering a clear statement of qualitative and quantitative benefits 
and costs of the proposed or planned action, together with (2) a 
presentation of uncertainties and (3) similar information for 
reasonable alternatives to the proposed or planned action.
    3. Agencies should continue to use ``breakeven analysis'' when 
quantification is not possible, with such analysis defined as the 
specification of how high the unquantified or unmonetized benefits 
would have to be in order for the benefits to justify the costs.
    4. Consistent with OMB Circular A-4, for regulations intended to 
reduce mortality risks, agencies should consider the use of cost-
effectiveness analysis and, specifically, the development of 
estimates for the ``net cost per life saved.''
    5. Consistent with Executive Order 13563, and in particular the 
emphasis on ``the open exchange of information and perspectives 
among state, local, and tribal officials, experts in relevant 
disciplines, affected stakeholders in the private sector, and the 
public as a whole,'' agencies should promote public participation 
and transparency through the use of regulations.gov and other 
technological means.
    6. In order to promote trade and exports, agencies should 
promote regulatory cooperation initiatives alongside key trading 
partners.

    Consistent with Executive Order 13563, OMB is especially interested 
in how to improve retrospective analysis of existing rules. OMB 
requests information about published and unpublished studies, 
conceptual and empirical, involving such retrospective analysis. OMB 
also requests suggestions about how to improve understanding of the 
accuracy of prospective analyses of rules and how to undertake 
retrospective analysis. Methodological suggestions are particularly 
welcome. Suggestions about particular rules that should be reevaluated, 
as well as studies of particular rules, should be directed to the 
agencies themselves.

Cass R. Sunstein,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2011-7504 Filed 3-29-11; 4:15 pm]
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