Wednesday, January 25, 2017

Don't Expect Any New Regulations to be Published for A While

Yesterday, we reported the President's goal of reducing regulations by 75 percent. That, or course, is a very ambitious goal and whether he can roll back the number of pages of regulations to the early 1970s level is questionable but a very worthy goal.

But, the President has already begun - he has instituted a freeze on all new regulations.

Specifically, the freeze provides for the following:

1. Subject to any exceptions the Director or Acting Director of the OMB (Office of Management and Budget allows for emergency situations or other urgent circumstances relating to health, safety, financial, or national security matters, Executive Agencies may send no regulations to the Office of the Federal Register (OFR) until a department or agency head appointed or designated by the President after noon on January 20, 2017, reviews and approves the regulation.

2. With respect to regulations that have been sent to the OFR but not published in the Federal Register, immediately withdraw them from the OFR for review and approval.

3. With respect to regulations that have been published in the OFR but have not yet taken effect, as permitted by applicable law, temporarily postpone their effective date for 60 days for the purpose of reviewing questions of fact, law, and policy they raise. Where appropriate, consider proposing for notice and comment a rule to delay the effective date beyond the 60-day period.

You may read the entire directive, signed by the President's Chief of Staff here.

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