Title 34

SECTION 9.7

9.7 Initiating a rulemaking.

§ 9.7 Initiating a rulemaking.

(a) Before a POC may proceed to develop a significant proposed regulation (e.g., an advanced notice of proposed rulemaking, notice of proposed rulemaking (NPRM), or interim final rule), the POC must consider the regulatory philosophy and principles of regulation identified in section 1 of Executive Order 12866 and the policies set forth in § 9.4. If the POC head determines, after consultation with OGC and the Office of Budget Service, that rulemaking is warranted consistent with those policies and principles, the POC may prepare a Rulemaking Initiation Request.

(b) The Rulemaking Initiation Request should specifically state or describe -

(1) A proposed title for the rulemaking;

(2) The need for the regulation, including a description of any statutory mandate necessitating the rulemaking;

(3) The legal authority for the rulemaking;

(4) Whether the rulemaking is expected to be regulatory or deregulatory;

(5) Whether the rulemaking is expected to be significant, as defined by Executive Order 12866;

(6) Whether the final rule is expected to be an economically significant rule or a high-impact rule, as defined in § 9.10;

(7) A general description of the expected economic impact associated with the rulemaking, including whether the rulemaking is likely to generate benefits, impose costs, or generate cost savings;

(8) A description of any scientific, technical, economic, or other information or evidence relied on or needed to inform rulemaking;

(9) The tentative target dates for completing each stage of the rulemaking; and

(10) Whether there is a statutory or judicial deadline, or some other urgency, associated with the rulemaking.

(c) The POC submits the Rulemaking Initiation Request to the RPO and Assistant General Counsel for DRS, together with any other documents that may assist in the RRTF's consideration of the request.

(d) The RPO includes the Rulemaking Initiation Request on the agenda for consideration at the next Working Group meeting.

(e) The Working Group forwards the Rulemaking Initiation Request to the Leadership Council and provides the Leadership Council with a recommendation.

(f) The POC requests that DRS assign a Regulatory Information Number (RIN) to the rulemaking only upon the Leadership Council's (or RRO's) approval of the Rulemaking Initiation Request.

(g) Rulemaking Initiation Requests will be considered on a rolling basis; however, as applicable, DRS will establish deadlines for submission of Rulemaking Initiation Requests so that new rulemakings may be included in the Unified Agenda of Regulatory and Deregulatory Actions.

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