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UNFUNDED MANDATES |
REGULATORY FLEXIBILITY |
E.O.
12866 |
|
TRIGGER |
§
421(1):
executive agency
§
202(a):
“federal mandate” causing aggregate expenditures by
“governments” or “private sector” of $100 million or more. |
§ 601(1):
executive or independent agency
§ 603(a):
any time §503 requires NPR
§ 605(b):
unless no significant impact on substantial number of small
entities |
§
3(b):
executive agency
§
3(f)(1):
rule with impact of $100 million or more on economy or
“adversely affect in material way” economy,... “governments” |
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ANALYSIS
REQUIREMENTS |
§ 202(a):
identification, anticipated costs & benefits, future costs,
impact on national economy |
§ 603(a)(b)(4):
estimates of classes of small entities impacted by paperwork
requirements and of professional skills necessary to meet
requirements
§
603(c):
analysis methods to reduce regulatory impact on small
entities |
§
6(a)(B):
assessment of costs & benefits, cost & benefits of feasible
alternatives. |
|
PUBLICATION |
§
202(b):
summary of results in NPR
|
§ 603(a):
summary of initial results in NPR
§ 604(b):
summary of final results at time final rule is published |
§ 6(a)(3)(D):
make the analysis available to the public. |
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CONSULTATION |
§ 202(a)
statement of extent of prior consultation, summaries, and
response
§ 204:
develop process to permit elected officials input |
§
609(a):
special procedures to notify small entities
§ 609(b):
EPA & OSHA must establish interagency review panel to review
comments of small entity representatives |
§ 6(a)(1):
involve, where appropriate, interested persons, such as
governmental officials (ii) minimum of 60 day comment period |
|
SUBSTANTIVE
REQUIREMENTS |
§
205(a)-(b):
impose least burdensome option or explain choice |
|
§ 1(a)
choose alternative that maximizes net benefits
§ 1(b)(5):
design regulations in most cost effective manner
§ 1(b)(11):
tailor regulations to impose least burden on society |
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EXECUTIVE
ENFORCEMENT |
§
205(c):
certifies to Congress compliance with 205(a)-(b) |
§
612:
SBA Chief Counsel for Advocacy reports to President (and
Congress)
|
§
6(b):
OMB oversight
§
7:
resolution of conflicts by VP |
|
JUDICIAL REVIEW |
§
401:
(i) substantive review restricted to §706(1)(B);
(ii) can compel agency to undertake a report
(iii) inadequacy or failure to prepare report is not
a basis for invaliding a rule
(iv) study becomes part of rulemaking record |
§
611(a)(1)-(2):
review of compliance with procedural requirements
§
611(a)(4):
if noncompliance, court can remand rule or stay enforcement
against small entities
§
611(b):
study becomes part of rulemaking record |
§
None |