[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50689-50691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21765]


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OFFICE OF MANAGEMENT AND BUDGET


Request for Information

AGENCY: Office of Information and Regulatory Affairs, Office of 
Management and Budget.

ACTION: Request for Information (RFI).

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SUMMARY: The Office of Information and Regulatory Affairs (OIRA), 
within the Office of Management and Budget, is seeking public input on 
how the Federal Government, under the auspices of the United States-
Canada Regulatory Cooperation Council, may reduce or eliminate 
unnecessary regulatory differences between the United States and 
Canada. This request for information (RFI) may inform agencies' 
development of regulatory reform proposals to modify or repeal existing 
agency requirements to increase efficiency related to economic activity 
with Canada, reduce or eliminate unnecessary or unjustified regulatory 
burdens, or simplify regulatory compliance, while continuing to meet 
agency missions and statutory requirements. OIRA also seeks public 
comment to identify ongoing or emerging areas for which cooperation 
could reduce the risk of divergence between U.S. and Canadian 
regulations. OIRA plans to make all submissions publicly available on 
www.regulations.gov.

DATES: Written comments and information are requested on or before 
November 8, 2018.

ADDRESSES: Interested persons are encouraged to submit comments, 
identified by ``US-Canada RCC RFI,'' by any of the following methods: 
Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. Email: International-

[[Page 50690]]

[email protected]. Include ``US-Canada RCC RFI'' in the subject line of 
the message.

FOR FURTHER INFORMATION CONTACT: Vlad Dorjets, Office of Information 
and Regulatory Affairs, 725 17th Street NW, Washington, DC 20503. 
Telephone: 202-395-7315.

SUPPLEMENTARY INFORMATION:

I. Request for Information

    To help promote U.S. regulatory cooperation activities with Canada, 
OIRA seeks public comment on how to reduce burdens through the 
reduction of differences between U.S. and Canadian regulatory 
requirements, conformity assessment procedures, sub-regulatory 
guidance, and other related policies and procedures. In addition, OIRA 
invites comment on specific issues and sectors in which future 
cooperation would prove fruitful, including proposals to align 
regulatory systems, streamline bilateral cooperation, and improve 
stakeholder engagement. Although some agencies that participate in the 
U.S.-Canada Regulatory Cooperation Council (RCC) or are otherwise 
engaged in regulatory cooperation with Canada have previously sought 
regulatory reform ideas from the public, this RFI seeks broader input 
on regulations with respect to which international regulatory 
cooperation might be beneficial across all agencies, even those not 
presently engaged in such endeavors.
    OIRA intends to communicate regulatory reform suggestions received 
in response to this RFI for consideration by the appropriate U.S. 
Federal agencies. OIRA may also communicate suggestions to the Treasury 
Board of Canada Secretariat (TBC) to get a broader perspective on these 
policy areas, including the potential cost reductions that could result 
from cooperation. Suggestions from the public may also inform 
discussion of these issues at public meetings sponsored by the RCC or 
participating agencies.
    OIRA has identified some key topics on which stakeholder insights 
would be most helpful, though input on opportunities for international 
regulatory cooperation beyond these topics is also welcome:
    (1) Particular sectors or issues for which the RCC should consider 
future regulatory cooperation or further regulatory alignment to reduce 
burden or other cost, including for emerging technologies that are not 
yet regulated.
    (2) Particular forms, surveys, or other information collections 
that exist in both the United States and Canada where consolidation 
could reduce burden or increase practical utility.
    (3) The appropriate role for stakeholders in furthering 
international regulatory cooperation and how stakeholders can best 
engage with Canadian and U.S. regulators on regulatory cooperation 
opportunities.
    (4) Cooperative mechanisms or arrangements such as co-development, 
co-funding, or co-piloting which can be used to promote future 
international regulatory alignment.
    (5) Potential alternatives to direct regulation or innovative and 
flexible approaches to regulation, including for emerging technologies.
    (6) Whether the RCC should continue the existing set of work plans 
and/or whether activities in the work plans should be revised better to 
reflect developments in the relevant sectors.
    When providing comments, OIRA requests that commenters identify the 
relevant regulatory agency or agencies and also specify the regulation, 
guidance document, form, or reporting requirement at issue, providing 
legal citation or form number and OMB Control Number where available. 
Please identify, where applicable, the relevant statutory or regulatory 
provisions for each jurisdiction (or an indication that such provisions 
do not exist in one or both jurisdictions). OIRA also requests that 
commenters provide as much detail as possible in describing the issue 
or unnecessary difference, as well as an explanation of how and why 
agencies could align, modify, streamline, or repeal the regulatory 
requirements, while still achieving their regulatory and/or statutory 
objectives. OIRA also requests that commenters include, wherever 
possible, supporting data or other quantitative information such as 
information about the burdens or cost resulting from the regulatory 
divergence and the possible burden or cost reduction from alignment, 
details on measurable benefits for industry, government, or consumers, 
and an assessment of the net benefits of enhanced regulatory alignment. 
Please specify the time period over which impacts have or are projected 
to accrue.

II. Background

A. The Regulatory Cooperation Council

    The United States and Canada share many regulatory objectives, 
including reducing unnecessary or duplicative regulatory costs that 
discourage economic activity. The two countries, however, often select 
different approaches for achieving their policy objectives. These 
divergent approaches can lead to different regulatory requirements in 
the two countries, hindering national and cross-border economic 
activity, and imposing unnecessary costs on citizens, businesses, and 
economies. Even when the two countries opt to address a policy 
objective in the same way, implementation may result in duplicative 
paperwork requirements or procedures on both sides of the border. In 
many cases, these differences are unavoidable due to different 
statutory or legal requirements or additional policy considerations. In 
other cases, however, these differences may be avoidable and thus 
impose unnecessary burdens.
    To identify, and reduce or eliminate, these unnecessary regulatory 
differences and duplicative procedures, as well as to increase 
regulatory transparency, the United States and Canada created the RCC 
in 2011. Several months after its creation, the two countries released 
Terms of Reference (2011 TOR) setting out the RCC's mandate, 
organization, and guiding principles.\1\ The RCC is chaired by OIRA and 
TBC. As the regulatory oversight bodies of the United States and 
Canada, OIRA and TBC provide strategic direction to their respective 
regulatory agencies on regulatory cooperation initiatives.
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    \1\ Available at www.trade.gov/rcc/us-canada_rcc_terms_of_reference.pdf.
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    The 2011 TOR acknowledged that each country would maintain its 
sovereign power to regulate and that regulatory outcomes for consumer 
protection, health, safety, security, and the environment would not be 
compromised. At its founding, the RCC understood that unnecessary 
regulatory differences ``do not increase regulatory benefits, and 
instead impose needless additional burdens and costs for both 
businesses and consumers.''
    1. Following successful implementation of the 2011 Joint Action 
Plan--which set out 29 initiatives covering a wide range of regulatory 
work, from transportation and agriculture to nanomaterials \2\--the RCC 
issued a Joint Forward Plan (JFP) in 2014, which summarized lessons

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learned from the preceding three years and laid out a plan for the 
following years.\3\ Specifically, it called for regulatory agencies on 
both sides of the border to develop Regulatory Partnership Statements 
(RPSs). These statements are public documents that outline the 
framework for how partner agencies manage cooperation activities. The 
JFP also called for the partner agencies to issue public ``work plans'' 
which set out commitments to cooperate in specific areas of regulatory 
activity. The most recent set of 23 work plans was released in 2016 and 
cover a variety of topics relating to public health (e.g., 
pharmaceutical and biological products, over-the-counter products, 
pesticides, workplace chemicals), plant and animal health (e.g., meat 
inspections, food safety), automobiles (e.g., connected vehicles, motor 
vehicle standards), aviation (e.g., unmanned aerial vehicles), chemical 
management, medical devices, locomotives (e.g., rail safety, locomotive 
emissions), pipeline safety, and marine safety. The full set of work 
plans is available for review (together with related Regulatory 
Partnership Statements) at www.trade.gov/rcc/.
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    \2\ Available at https://www.trade.gov/rcc/2011-Joint-Action-Plan.pdf.
    \3\ Available at https://obamawhitehouse.archives.gov/sites/default/files/omb/oira/irc/us-canada-rcc-joint-forward-plan.pdf.
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    In February 2017, the Joint Statement of President Trump and Prime 
Minister Trudeau committed the two governments to ``continue our 
dialogue on regulatory issues and pursue shared regulatory outcomes 
that are business-friendly, reduce costs, and increase economic 
efficiency without compromising health, safety, and environmental 
standards.'' To that end, on June 4, 2018, OIRA and TBC signed a new 
Memorandum of Understanding (MOU) on regulatory cooperation.\4\ The MOU 
reaffirms the principles and commitments of the RCC and of regulatory 
cooperation in general. It also included, as an Annex, a new RCC Terms 
of Reference (2018 TOR) which lays out an updated understanding on 
principles, mandate, and stakeholder engagement. The 2018 TOR also 
identified characteristics of sectors in which regulatory cooperation 
may prove most fruitful:
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    \4\ Available at https://www.whitehouse.gov/wp-content/uploads/2018/06/US-CanadaMOU.pdf.
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    1. Sectors that are characterized by high levels of integration and 
a history of cooperative regulatory approaches and supporting 
activities;
    2. Sectors that have well-developed pre-existing regulatory 
frameworks that are designed to achieve similar outcomes but that are 
currently a barrier to increased integration and activity;
    3. Sectors that offer significant, emerging growth potential and 
that are characterized by rapidly evolving technologies where 
regulatory approaches are anticipated or are currently in early stages 
of development; and
    4. Sectors where regulatory cooperation is intended to support 
export growth in North America.

B. Executive Order 13771

    On January 30, 2017, the President issued Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' \5\ That 
Order states that ``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 states, ``[I]t is essential to 
manage the costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations.'' The Order 
also requires that, for each fiscal year, agencies must identify in 
their Regulatory Plans \6\ offsetting regulations for each regulation 
that increases incremental cost and ``provide the agency's best 
approximation of the total costs or savings associated with each new 
regulation or repealed regulation.''
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    \5\ Available at https://www.gpo.gov/fdsys/pkg/FR-2017-02-03/pdf/2017-02451.pdf.
    \6\ See Exec. Order No. 12,866, 58 FR 51735 (Sept. 30, 1993).
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    In issuing guidance to agencies on the implementation of E.O. 
13771, on April 5, 2017, the Office of Management and Budget recognized 
that international regulatory cooperation may serve deregulatory 
functions and help agencies achieve the objectives of Executive Order 
13771.\7\
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    \7\ Available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
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C. Executive Order 13609

    Executive Order 13609, ``Promoting International Regulatory 
Cooperation,'' signed on May 4, 2012, acknowledges the importance of 
international regulatory cooperation and recognizes that ``differences 
between the regulatory approaches of U.S. agencies and those of their 
foreign counterparts might not be necessary and might impair the 
ability of American businesses to export and compete internationally.'' 
This RFI advances the Executive Order's objective by identifying 
unnecessary differences between U.S. and Canadian regulatory 
approaches.

Neomi Rao,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2018-21765 Filed 10-5-18; 8:45 am]
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