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CPSC Seeks Comments on "Broad" EO 13579 Review of its Regulations

The Consumer Product Safety Commission is seeking comments on the appropriate process and substance of a plan to review its existing regulations. CPSC has conducted reviews of rules in the past and intends to build on that experience to develop a plan of review that also satisfies recent direction from Executive Order 13579 of July 2011, which urged independent regulatory agencies such as CPSC to review existing significant regulations. Comments are due by December 19, 2011.

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EO Says to Review Significant Rules for Possible Modification, Expansion, Repeal

E.O. 13579 urges independent agencies to issue a plan for periodic review of existing significant rules in order to identify rules that may be outmoded, ineffective, insufficient, redundant, or excessively burdensome. The agency is then asked to “modify, streamline, expand, or repeal” identified rules in accordance with what it learns through the review process. Though not defined, CPSC states that previous EOs have considered a rule with an annual effect on the economy of over $100 million to be significant.

(See ITT's Online Archives 11071229 for summary of EO 13579.)

CPSC to Conduct Broader Review than EO Suggests

CPSC intends for its review to be broader than the reviews it conducted in the past and as contemplated by the EO, as it does not intend to limit its review to significant rules.

Considering on How to Select Rules, Whether to do Cost-Benefit Analysis for All, Etc.

CPSC seeks comments on issues such as the criteria it should use to select candidate rules; how to identify if a rule is obsolete or excessively burdensome; should cost-benefit analyses be conducted for all reviewed rules; how many rules should it review each year; etc.

(See ITT's Online Archives 11072115 for summary of the trade asking CPSC to review the Consumer Product Safety Improvement Act (CPSIA) under EO 13579.)

CPSC contact -- Jay Howell (301) 504-7621

(FR Pub 10/19/11, D/N CPSC--2011--0078)