Which step in the rulemaking process requires the involvement of the Office of Budget and Management?
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Generally, independent regulatory agencies like the CPSC are not required to comply with Executive Orders. However, for various reasons, the CPSC complies with the following: Show Executive Order 12866, "Regulatory Planning and Review." The provisions of this order, requiring a semiannual regulatory agenda and a regulatory plan, do apply to the Commission. The provisions requiring OMB's review of draft proposed rules do not apply to the CPSC. Executive Order 12889, "Implementation of the North American Free Trade Agreement." This executive order requires a 75-day comment period on any proposed federal technical regulation or any federal sanitary or phytosanitary measure of general application. Executive Order 12988, "Civil Justice Reform." Regulations must specify in clear language, the preemptive effect (if any) to be given to the regulation. Executive Order 13272, "Proper Consideration of Small Entities in Agency Rulemaking." This executive order requires agencies to establish procedures and policies to promote compliance with the Regulatory Flexibility Act. It also instructs agencies to notify the U.S. Small Business Administration's Chief Counsel for Advocacy of any draft rules that may have a significant impact on a substantial number of small entities. The notification is to be "at a reasonable time prior to the publication of the rule by the agency." The executive order also instructs agencies to give "every appropriate consideration" to any comments provided by the Chief Counsel for Advocacy. Executive Order 13563, "Improving Regulation and Regulatory Review." This order supplements and reaffirms Executive Order 12866. It emphasizes the importance of public participation; requires an "open exchange" of information among government officials, experts, stakeholders, and the public; calls for greater coordination across agencies; requires agencies to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public; requires agencies to ensure the integrity of scientific and technological information used to support the agency's regulatory actions; and requires agencies to develop a plan for retrospective analyses of rules "that may be outmoded, ineffective, insufficient, or excessively burdensome; and to modify, streamline, expand, or repeal them in accordance with what has been learned. While Executive Order 13563 is directed to executive agencies, Executive Order 13579, "Regulation and Independent Regulatory Agencies," urges independent agencies to comply with the provisions of Executive Order 13563. OMB Final Information Quality Bulletin for Peer Review. This bulletin states that important scientific information must be peer reviewed before it is disseminated by the federal government. The bulletin establishes different obligations for "influential scientific information" and "highly influential scientific assessments" disseminated by agencies. ("Influential scientific information" is defined as "scientific information the agency reasonably can determine will have or does have a clear and substantial impact on important public policies or private sector decisions," while "highly influential scientific assessments" are defined as influential scientific information that the agency determines to be a scientific assessment having a potential impact of more than $500 million in any year, or "is novel, controversial, or precedent-setting or has significant interagency interest.") OMB issued the bulletin pursuant to its authority under the Information Quality Act. Event Optional Step: Advance Notice of Proposed Rulemaking Staff directed to prepare briefing package for possible advance notice of proposed rulemaking (ANPR) Staff completes ANPR briefing package (including description and market information about product; discussion of incidents involving product; summary of any existing standards; overview of alternatives to address risk). Package is reviewed by the Office of the General Counsel (OGC) (which prepares a legal memorandum as part of the package) and transmitted to the Commission via the Office of the Secretary Staff briefs Commission Commission decision meeting directing staff to prepare ANPR Staff transmits draft ANPR to Commission Commission votes by ballot to publish ANPR ANPR published in the Federal Register Public comment period on ANPR closes Notice and Comment Rulemaking or Informal Rulemaking: The Proposed Rule Stage Staff directed to prepare briefing package for possible notice of proposed rulemaking (NPR) Staff completes NPR briefing package (includes draft proposed technical standard; justification for proposed requirements; response to significant issues raised by ANPR comments (if ANPR exists); preliminary regulatory analysis; analysis of potential impact on small business). Package is reviewed by the OGC (which prepares a legal memorandum as part of the package) and transmitted to the Commission via office of the Secretary Staff briefs Commission Commission decision meeting directing staff to prepare draft NPR Staff transmits draft NPR to Commission Commission votes by ballot to publish NPR NPR published in the Federal Register Public comment period on NPR closes Notice and Comment Rulemaking or Informal Rulemaking: The Final Rule Stage Staff completes final rule briefing package (includes final technical standard; justification for final requirements; responses to significant issues raised by NPR comments; final regulatory analysis; analysis of potential impact on small business). Package is reviewed by the OGC (which prepares a legal memorandum as part of the package) and transmitted to the Commission via office of the Secretary Staff briefs Commission Commission decision meeting directing staff to prepare draft final rule Staff transmits draft final rule to Commission Commission votes by ballot to publish final rule Final Rule published in the Federal Register Staff briefs Commission Commission decision meeting directing staff to prepare draft final rule Staff transmits draft final rule to Commission Commission votes by ballot to publish final rule Final Rule published in the Federal Register Please note that under the Administrative Procedure Act, mechanisms exist for issuing "interpretive" rules and for dispensing with notice and comment procedure when an agency, "for good cause," finds that notice and comment procedure are "impracticable, unnecessary, or contrary to public interest." For example, if a statute instructed an agency to change a regulatory limit from one specific value to another specific value, the agency might dispense with a proposed rule on the grounds that notice and public comment is unnecessary, given the clear statutory direction. As another example, if an emergency situation existed, an agency might issue an "interim final rule," which creates a binding legal obligation but still provides an opportunity for public comment on the grounds that issuing a proposed rule would be "contrary to the public interest" in addressing the emergency. However, such exceptions are rare. Additionally, please note that the time required to complete a rulemaking depends on multiple factors, including the complexity of the problem to be addressed; the volume of public comments responding to the ANPR or proposed rule; time constraints imposed by other federal statutes, executive orders, or other administrative obligations; agency resources; and competing agency priorities. 1 In contrast, "formal" rulemaking, sometimes also known as "on the record" rulemaking, normally involves hearing-like procedures before an administrative law judge or hearing officer. 2 Public Law 112-28 amended the CPSIA by creating a mechanism whereby revisions to certain voluntary standards, themselves, may become mandatory consumer product safety standards if the Commission does not object within 90 days after receiving notice of the revised standard. Absent such action by the Commission, the revised voluntary standard is considered to be a consumer product safety standard, effective 180 days after the voluntary standards organization has provided notice (of the revised standard) to the Commission. What is the first step in the rule making process?The rulemaking process usually begins with a proposal, which is published for public notice and comment. A proposing release typically contains the text of the proposed new or amended rule along with a discussion of the issue or problem the proposal is designed to address.
What is the rule making process?Rulemaking is a process for developing and issuing rules (rules are also referred to as “regulations”). The process can lead to the issuance of a new rule, an amendment to an existing rule, or the repeal of an existing rule.
What is the first step in the agency rulemaking process quizlet?When an agency formally creates a new rule, the first step is to: publish a notice in the Federal Register. When an agency publishes notice of proposed rulemaking, the notice must include the subject of the proposed rule, when and where the proceedings will be held, and the authority for passing the rule.
What is structure for rule making?In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.
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