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The Federal Register

The Daily Journal of the United States Government

Presidential Document

Improving Regulation and Regulatory Review

A Presidential Document by the Executive Office of the President on 01/21/2011

Executive Order 13563 of January 18, 2011

Improving Regulation and Regulatory Review

By the authority vested in me as President by the Constitution and the laws of the United States of

America, and in order to improve regulation and regulatory review, it is hereby ordered as follows:

Section 1. General Principles of Regulation. (a) Our regulatory system must protect public health, welfare,

safety, and our environment while promoting economic growth, innovation, competitiveness, and job

creation. It must be based on the best available science. It must allow for public participation and an

open exchange of ideas. It must promote predictability and reduce uncertainty. It must identify and use

the best, most innovative, and least burdensome tools for achieving regulatory ends. It must take into

account benefits and costs, both quantitative and qualitative. It must ensure that regulations are

accessible, consistent, written in plain language, and easy to understand. It must measure, and seek to

improve, the actual results of regulatory requirements.

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(b) This order is supplemental to and reaffirms the principles, structures, and definitions governing

contemporary regulatory review that were established in Executive Order 12866 of September 30, 1993.

As stated in that Executive Order and to the extent permitted by law, each agency must, among other

things: (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its

costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor its regulations to

impose the least burden on society, consistent with obtaining regulatory objectives, taking into account,

among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in

choosing among alternative regulatory approaches, those approaches that maximize net benefits

(including potential economic, environmental, public health and safety, and other advantages;

distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than

specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and

assess available alternatives to direct regulation, including providing economic incentives to encourage

the desired behavior, such as user fees or marketable permits, or providing information upon which

choices can be made by the public.

(c) In applying these principles, each agency is directed to use the best available techniques to quantify

anticipated present and future benefits and costs as accurately as possible. Where appropriate and

permitted by law, each agency may consider (and discuss qualitatively) values that are difficult or

impossible to quantify, including equity, human dignity, fairness, and distributive impacts.

Sec. 2. Public Participation. (a) Regulations shall be adopted through a process that involves public

participation. To that end, regulations shall be based, to the extent feasible and consistent with law, on

the open exchange of information and perspectives among State, local, and tribal officials, experts in

relevant disciplines, affected stakeholders in the private sector, and the public as a whole.

(b) To promote that open exchange, each agency, consistent with Executive Order 12866 and other

applicable legal requirements, shall endeavor to provide the public with an opportunity to participate in

the regulatory process. To the extent feasible and permitted by law, each agency shall afford the public

a meaningful opportunity to comment through the Internet on any proposed regulation, with a

comment period that should generally be at least 60 days. To the extent feasible and permitted by law,

each agency shall also provide, for both proposed and final rules, timely online access to the rulemaking

docket on regulations.gov, including relevant scientific and technical findings, in an open format that

can be easily searched and downloaded. For proposed rules, such access shall include, to the extent

feasible and permitted by law, an opportunity for public comment on all pertinent parts of the

rulemaking docket, including relevant scientific and technical findings.

(c) Before issuing a notice of proposed rulemaking, each agency, where feasible and appropriate, shall

seek the views of those who are likely to be affected, including those who are likely to benefit from

and those who are potentially subject to such rulemaking.

Sec. 3. Integration and Innovation. Some sectors and industries face a significant number of regulatory

requirements, some of which may be redundant, inconsistent, or overlapping. Greater coordination

across agencies could reduce these requirements, thus reducing costs and simplifying and harmonizing
rules. In developing regulatory actions and identifying appropriate approaches, each agency shall attempt

to promote such coordination, simplification, and harmonization. Each agency shall also seek to

identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.

Sec. 4. Flexible Approaches. Where relevant, feasible, and consistent with regulatory objectives, and to the

extent permitted by law, each agency shall identify and consider regulatory approaches that reduce

burdens and maintain flexibility and freedom of choice for the public. These approaches include

warnings, appropriate default rules, and disclosure requirements as well as provision of information to

the public in a form that is clear and intelligible.

Sec. 5. Science. Consistent with the President's Memorandum for the Heads of Executive Departments

and Agencies, “Scientific Integrity” (March 9, 2009), and its implementing guidance, each agency shall

ensure the objectivity of any scientific and technological information and processes usedto support the

agency's regulatory actions.

Sec. 6. Retrospective Analyses of Existing Rules. (a) To facilitate the periodic review of existing significant

regulations, agenciesshall consider how best to promote retrospective analysis 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. Such retrospective analyses,including supporting

data, should be released online whenever possible.

(b) Within 120 days of the date of this order, each agency shall develop and submitto the Office of

Information and Regulatory Affairs a preliminary plan, consistent withlaw and its resources and

regulatory priorities, under which the agency will periodicallyreview its existing significant regulations to

determine whether any such regulationsshould be modified, streamlined, expanded, or repealed so as to

make the agency'sregulatory program more effective or less burdensome in achieving the

regulatoryobjectives.

Sec. 7. General Provisions. (a) For purposes ofthis order, “agency” shall have the meaning set forth in

section 3(b) ofExecutive Order 12866.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating tobudgetary,

administrative, or legislative proposals.

(c) This order shall be implemented consistent with applicable law and subject to theavailability of

appropriations.

(d) This order is not intended to, and does not, create any right or benefit,substantive or procedural,

enforceable at law or in equity by any party against the UnitedStates, its departments, agencies, or

entities, its officers, employees, or agents, or anyother person.
THE WHITE HOUSE,

January 18, 2011.

[FR Doc. 2011-1385 Filed 1-20-11; 8:45 am]

Billing code 3195-W1-