State Dept Seeks Comments on Plan to Retrospectively Review its Regulations

Comments are due by March 31, 2011.

DOS Developing Plan to Review & Eliminate Significant Rules that Are Obsolete

DOS is developing a preliminary plan for the periodic review of its existing regulations and reporting obligations to create a systematic method for identifying those significant rules that are obsolete or simply no longer make sense. DOS is soliciting views from the public on how best to conduct its analysis of existing DOS rules and how best to identify those rules that might be modified or repealed. It is also seeking views on specific rules or DOS-imposed obligations that should be altered or eliminated. The plan will help ensure DOS' regulations remain necessary, properly tailored, and have up-to-date requirements that effectively achieve regulatory objectives without imposing unwarranted costs.

Review Will Also Focus on Strengthening & Modernizing Rules

While this review will focus on the elimination of rules that are no longer warranted, DOS will also consider strengthening, complementing, or modernizing rules where necessary or appropriate, including undertaking new rulemakings, when relevant.

DOS Seeks Answers to Specific Questions to Develop Preliminary Plan

DOS provides the following list of questions to assist the formulation of comments. DOS notes that the list is not intended to be exhaustive or to restrict the issues that the public might want to address. DOS requests that anyone submitting comments specify the regulation or reporting requirement at issue, providing legal citation when known, and the reasons why the regulation or reporting requirement should be modified or repealed.

• How can the Department best promote meaningful periodic reviews of its existing rules and how can it best identify those rules that might be modified or repealed?
• What factors should the agency consider in selecting and prioritizing rules and reporting requirements for review?
• Are there regulations that simply make no sense or have become unnecessary, ineffective, or ill advised and, if so, what are they?
• Are there rules that are still necessary, but have not operated as well as expected such that a stronger or different approach is justified?
• Does the Department currently collect information that it does not need or use effectively to achieve regulatory objectives?
• Are there regulations, reporting requirements, or regulatory processes that are unnecessarily complicated or could be streamlined to achieve regulatory objectives in more efficient ways?
• Can new technologies be leveraged to modify or do away with existing regulatory or reporting requirements?
• How can the Department best obtain and consider accurate, objective information and data about the costs, burdens, and benefits of existing regulations? Are there existing sources of data the Department can use to evaluate the post-promulgation effects of regulations over time?
• Are there regulations that are working well that can be expanded or used as a model to fill gaps in other DOS regulatory programs?
• Are there other concerns that DOS should consider consistent with Executive Order 13563?

¹EO 13563 directs each federal agency to develop a preliminary plan, consistent with law and its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether such regulations should be modified, streamlined, expanded or repealed to make the agency’s regulatory program more effective and or less burdensome in achieving its regulatory objectives. (See ITT’s Online Archives or 01/19/11 news, 11011915, for BP summary.)

DOS Contact -- Thelma Furlong, (202) 216-9600