[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Proposed Rules]
[Pages 27460-27461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12366]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Chapter I

[Docket ID FEMA-2017-0023]


Evaluation of Existing Regulations, Policies, and Information 
Collections

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Request for comment.

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SUMMARY: As part of its implementation of Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' issued by the 
President on January 30, 2017, and Executive Order 13777, ``Enforcing 
the Regulatory Reform Agenda,'' issued by the President on February 24, 
2017, the Federal Emergency Management Agency (FEMA) is seeking input 
on regulations, policies, and information collections that may be 
appropriate for repeal, replacement, or modification.

DATES: Comments must be received by August 14, 2017.

ADDRESSES: Comments must be identified by docket ID FEMA-2017-0023 and 
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal 
Emergency Management Agency, 8NE, 500 C Street SW., Washington, DC 
20472-3100.
    Instructions: All submissions received must include the agency name 
and docket ID. Regardless of the method used for submitting comments or 
material, all submissions will be posted, without change, to the 
Federal eRulemaking Portal at http://www.regulations.gov, and will 
include any personal information you provide. Therefore, submitting 
this information makes it public. You may wish to read the Privacy Act 
notice, which can be viewed by clicking on the ``Privacy and Security 
Notice'' link on the homepage of www.regulations.gov.
    Please submit your comments and any supporting material by only one 
means to avoid the receipt and review of duplicate submissions.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel, 
Regulatory Affairs, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472, 202-646-4046.

SUPPLEMENTARY INFORMATION: On January 30, 2017, the President issued 
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs'' (82 FR 9339). That Order stated 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 stated it is 
essential to manage the costs associated with the governmental 
imposition of private expenditures required to comply with Federal 
regulations. Toward that end, for fiscal year 2017, Executive Order 
13771 requires:
    (1) ``Unless prohibited by law, whenever an executive department or 
agency . . . publicly proposes for notice and comment or otherwise 
promulgates a new regulation, it shall identify at least two existing 
regulations to be repealed.'' Sec. 2(a).
    (2) ``For fiscal year 2017, . . . the heads of all agencies are 
directed that the total incremental cost of all new regulations, 
including repealed regulations, to be finalized this year shall be no 
greater than zero, unless otherwise required by law or consistent with 
advice provided in writing by the Director of the Office of Management 
and Budget . . . .'' Sec. 2(b).
    (3) ``In furtherance of the requirement of subsection (a) of this 
section, any new incremental costs associated with new regulations 
shall, to the extent permitted by law, be offset by the elimination of 
existing costs associated with at least two prior regulations.'' Sec. 
2(c).
    Further, the Executive Order requires that for fiscal year 2018, 
and for each fiscal year thereafter, the head of each agency shall 
identify, for each regulation that increases incremental cost, 
offsetting regulations, and provide the agency's best approximation of 
the total costs or savings associated with each new regulation or 
repealed regulation. During the Presidential budget process beginning 
in fiscal year 2018 and for each year thereafter, the Director of the 
Office of Management and Budget (Director) will identify to each agency 
a total amount of incremental costs that will be allowed for such 
agency in issuing new regulations and repealing regulations for the 
next fiscal year. No regulations exceeding the agency's total 
incremental cost allowance will be permitted in that fiscal year, 
unless required by law or approved in writing by the Director. The 
total incremental cost allowance may allow an increase or require a 
reduction in total regulatory cost.
    Additionally, on February 24, 2017, the President issued Executive 
Order 13777, ``Enforcing the Regulatory Reform Agenda'' (82 FR 12285). 
The Order established a Federal policy to alleviate unnecessary 
regulatory burdens placed on the American people. Section 3(a) of the 
Executive Order directs Federal agencies to establish a Regulatory 
Reform Task Force (Task Force). One of the duties of the Task Force is 
to evaluate existing regulations and make recommendations to the agency 
head regarding their repeal, replacement, or modification. The 
Executive Order further asks that each Task Force attempt to identify 
regulations that:
    (i) Eliminate jobs, or inhibit job creation;
    (ii) Are outdated, unnecessary, or ineffective;
    (iii) Impose costs that exceed benefits;
    (iv) Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) Are inconsistent with the requirements of section 515 of the 
Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 
3516 note), or the guidance issued pursuant to that provision in 
particular those regulations that rely in whole or in part on data, 
information, or methods that are not publicly available or that are 
insufficiently transparent to meet the standard of reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    The Office of Management and Budget has directed that agency 
policies (such as guidance and interpretative documents) and 
information collections that impose costs on the public may also be 
identified under the above criteria, in addition to regulations.
    Section 3(e) of the Executive Order calls on the Task Force to seek 
input and other assistance on this task, as

[[Page 27461]]

permitted by law, from entities significantly affected by Federal 
regulations, including State, local, and Tribal governments, small 
businesses, consumers, non-governmental organizations, and trade 
associations.
    Finally, on March 28, 2017, the President signed Executive Order 
13783, ``Promoting Energy Independence and Economic Growth'' (82 FR 
16093). Among other things, Executive Order 13783 requires the heads of 
agencies to review all existing regulations, orders, guidance 
documents, policies, and any other similar agency actions 
(collectively, agency actions) that potentially burden the development 
or use of domestically produced energy resources, with particular 
attention to oil, natural gas, coal, and nuclear energy resources. Such 
review does not include agency actions that are mandated by law, 
necessary for the public interest, and consistent with the policy set 
forth elsewhere in that order.
    Executive Order 13783 defined ``burden'' for purposes of the review 
of existing regulations to mean to unnecessarily obstruct, delay, 
curtail, or otherwise impose significant costs on the siting, 
permitting, production, utilization, transmission, or delivery of 
energy resources.
    Through this notice, FEMA is soliciting such input from the public 
to inform the Task Force's evaluation of existing regulations, 
policies, and information collections pursuant to these three Executive 
Orders. FEMA requests that commenters be as specific as possible with 
how, for example, a particular regulation, policy or information 
collection imposes costs that exceed benefits or is otherwise 
unnecessary or ineffective. Commenters should include any supporting 
data or other information such as cost information, provide a Federal 
Register or Code of Federal Regulations citation when referencing a 
specific regulation, and provide specific suggestions regarding repeal, 
replacement, or modification.
    Although FEMA will not respond to individual comments, FEMA values 
public feedback and will give careful consideration to all input that 
it receives.

    Authority: Executive Order 13771; Executive Order 13777; 
Executive Order 13783.

    Dated: June 8, 2017.
Robert Fenton,
Senior Official Performing the Duties of the Administrator, Federal 
Emergency Management Agency.
[FR Doc. 2017-12366 Filed 6-14-17; 8:45 am]
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