The Consumer Product Safety Commission (CPSC) has issued a request for comments and information on its plan to implement a July 2011 executive order (E.O. 13579) directing that independent regulatory agencies “develop and provide to the public a plan for periodic review of existing significant rules.” The review’s guiding principles include the identification of “significant” rules that “may be outmoded, ineffective, insufficient, or excessively burdensome.” And the agency is required to “modify, streamline, expand, or repeal” identified rules.
The agency notes that it conducted regulatory consistency reviews beginning in 2004 and used as selection criteria the age of the rule, its complexity, and whether it was issued under different statutes. The agency also has criteria for periodic review of rules with a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. Because E.O. 13579 does not define “significant” rule, CPSC seeks guidance on criteria for the selection of candidate rules for review, as well as possible exclusions, a process for review, how to involve the public, coordination with other agencies, prioritization, and the substance of a regulatory review. Comments are requested by December 19, 2011. See Federal Register, October 19, 2011.