Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules 5715 

1http://www.whitehouse.gov/files/documents/

2011-regulatory-action-plans/DepartmentofLabor

PreliminaryRegulatoryReformPlan.pdf. 

REGULATORY REVIEW MODIFIED TEN-YEAR SCHEDULE—Continued 

16 CFR 

part Topic Year to review. 

425 ............ Use of Prenotification Negative Option Plans ............................................................................................ 2024. 

435 ............ Mail or Telephone Order Merchandise ....................................................................................................... 2024. 

424 ............ Retail Food Store Advertising and Marketing Practices [Unavailability Rule] ........................................... 2024. 

[FR Doc. 2015–01966 Filed 2–2–15; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF LABOR 

5 CFR Chapter XLII 

20 CFR Chapters IV, V, VI, VII, and IX 

29 CFR Subtitle A and Chapters II, IV, 

V, XVII, and XXV 

30 CFR Chapter I 

41 CFR Chapters 50, 60, and 61 

48 CFR Chapter 29 

Retrospective Review and Regulatory 

Flexibility 

AGENCY: Office of the Secretary, Labor. 

ACTION: Request for information. 

SUMMARY: In response to the President’s 

Executive Order 13563 on improving 

regulation and regulatory review, and 

Executive Order 13610 on identifying 

and reducing regulatory burden, the 

Department of Labor (DOL or the 

Department) is continuing to review its 

existing significant regulations that 

impose large, ongoing burdens on the 

public. The purpose of this document is 

to invite public comment on how the 

Department can improve any of its 

significant regulations by modernizing, 

modifying, redesigning, streamlining, 

expanding, or repealing them. 

DATES: Comments must be received on 

or before February 25, 2015. 

ADDRESSES: You may submit comments 

through the Department’s Regulations 

Portal at http://www.dol.gov/

regulations/regreview/. 

All comments will be available for 

public inspection at http://www.dol.gov/ 

regulations/regreview/. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Peters, Program Analyst, Office 

of the Assistant Secretary for Policy, 

U.S. Department of Labor, 200 

Constitution Avenue NW., Room S– 

2312, Washington, DC 20210, 

peters.pamela@dol.gov, (202) 693–5959 

(this is not a toll-free number). 

Individuals with hearing impairments 

may call 1–800–877–8339 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: On 

January 18, 2011, President Obama 

issued Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review.’’ The Order explains the 

Administration’s goal of creating a 

regulatory system that protects ‘‘public 

health, welfare, safety, and our 

environment while promoting economic 

growth, innovation, competitiveness, 

and job creation’’ while using ‘‘the best, 

most innovative, and least burdensome 

tools to achieve regulatory ends.’’ The 

Executive Order required agencies to 

develop and submit a preliminary plan 

within 120 days from the January 18 

issuance date that explained how each 

agency reviewed existing significant 

regulations to identify whether any 

regulations may be made more effective 

or less burdensome. 

On March 21, 2011, the Department 

published a Request for Information 

(RFI) in the Federal Register seeking 

public input to inform development of 

its Preliminary Plan and providing an 

opportunity for the public to identify 

potential regulations. The Department 

published its Preliminary Plan for 

Retrospective Analysis of Existing Rules 

on May 20, 2011.1

The Department launched a second 

interactive Web site on June 2, 2011 and 

requested public input on certain 

aspects of the Preliminary Plan. 

After receipt and consideration of 

comments, the Department issued its 

Plan for Retrospective Analysis of 

Existing Rules in August 2011. 

On May 12, 2012, President Obama 

issued Executive Order 13610, 

‘‘Identifying and Reducing Regulatory 

Burdens.’’ This Order explained that ‘‘it 

is particularly important for agencies to 

conduct retrospective analyses of 

existing rules to examine whether they 

remain justified and whether they 

should be modified or streamlined in 

light of changed circumstances, 

including the rise of new technologies.’’ 

Since August 2011, the Department has 

issued six updates to its August 2011 

Plan. 

Request for Comments 

The Department recognizes the 

importance of conducting retrospective 

review of regulations and is once again 

seeking public comment on how the 

Department can increase the 

effectiveness of its significant 

regulations while minimizing the 

burden on regulated entities. The 

Department recognizes that the 

regulated community, academia, and 

the public at large have an 

understanding of its programs and their 

implementing regulations, and therefore 

is requesting public comment on how 

the Department can prepare workers for 

better jobs, improve workplace safety 

and health, promote fair and highquality work environments, and secure 

a wide range of benefits for employees 

and those who are seeking work, all in 

ways that are more effective and least 

burdensome. 

This request for public input will 

inform development of the Department’s 

future plans to review its existing 

significant regulations. To facilitate 

receipt of the information, the 

Department has created an Internet 

portal specifically designed to capture 

your input and suggestions, http://

www.dol.gov/regulations/regreview/. 

The portal contains a series of questions 

to gather information on how DOL can 

best meet the requirements of the 

Executive Order. The portal will be 

open to receive comments from January 

28, 2015 through February 25, 2015. 

Questions for the Public 

• What regulations and reporting 

requirements should be considered for 

review, modification due to conflicts, 

inconsistencies, or duplication among 

the regulations or requirements of the 

Department’s agencies or other federal 

agencies? 

• What reporting requirements and 

information collections can be 

streamlined or reduced in frequency 

while achieving the same level of 

protections for workers, job-seekers, and 

retirees? Are there less costly methods, 

advances in technology, or innovative 

techniques that can be leveraged toward 

these purposes? 

• What regulatory reforms may 

require short-term cost increases to the 

regulated entities while creating longerVerDate Sep<11>2014 13:27 Feb 02, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\03FEP1.SGM 03FEP1

rljohnson on DSK3VPTVN1PROD with PROPOSALS
5716 Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules 

term savings, for example, through the 

adoption of new technologies? What 

information, data, or technical 

assistance do regulated entities need in 

order to better assess these 

opportunities? 

• How should the Department 

capture information about changes in 

firm and market behavior in response to 

a regulation? 

• What data or other indicators 

suggest that the estimated costs and 

benefits of an existing regulation should 

be reviewed? What other strategies exist 

for increasing the flexibility of 

regulations without limiting important 

protections? 

• What information, data, or other 

technical assistance do stakeholders 

require in order to better assess the longterm impact of these reforms upon such 

protections? 

The Department is especially 

interested in candidates for review for 

which there is evidence of rapid 

technological change in a sector that 

could influence the structure and need 

for the regulation, whether the chosen 

regulatory approach will impose large 

ongoing costs on regulated entities, 

whether the agency is regulating in an 

area of significant uncertainty that may 

be lowered with a future retrospective 

study, and other similar conditions. 

The Department intends the questions 

on the portal to initiate public dialogue, 

and does not intend to restrict the issues 

that may be raised or addressed. The 

questions were developed with the 

intent to probe a range of areas, 

including tools that can be used to 

prioritize regulations for review; 

strategies that can be used to increase 

flexibility of regulations; and measures 

to ensure scientific integrity of data. 

Please note that these questions do 

not pertain to DOL rulemakings 

currently open for public comment. To 

comment on an open rulemaking, please 

visit regulations.gov and submit 

comments by the deadline indicated in 

that rulemaking. Comments that pertain 

to rulemakings currently open for public 

comment will not be addressed by the 

Department in this venue, which 

focuses on retrospective review. 

When addressing the questions in the 

portal, the Department requests that 

commenters identify with specificity the 

regulation or reporting requirement at 

issue, providing legal citation(s) where 

available. The Department also requests 

that submitters provide, in as much 

detail as possible, an explanation of 

why a regulation or reporting 

requirement should be modified, 

streamlined, expanded, or repealed, as 

well as specific suggestions of ways the 

Department can better achieve its 

regulatory objectives. Whenever 

possible, please provide empirical 

evidence and data to support your 

response. 

The Department will consider public 

comments as we update our plan to 

review the Department’s significant 

rules. The Department is issuing this 

request solely to seek useful information 

as we update our review plan. While 

responses to this request do not bind the 

Department to any further actions 

related to the response, all submissions 

will be made available to the public on 

http://www.dol.gov/regulations/

regreview/. 

Authority: E.O. 13653, 76 FR 3821, Jan. 21, 

2011; E.O. 12866, 58 FR 51735, Oct. 4, 1993. 

Dated: January 28, 2015. 

Christopher P. Lu, 

Deputy Secretary. 

[FR Doc. 2015–01916 Filed 2–2–15; 8:45 am] 

BILLING CODE 4510–23–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1640 

Application of Federal Law to LSC 

Recipients 

AGENCY: Legal Services Corporation. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule updates 

the Legal Services Corporation (LSC or 

Corporation) regulation on the 

application of Federal law to LSC 

recipients. The FY 1996 appropriations 

act (incorporated in LSC’s 

appropriations by reference annually 

thereafter) subjects LSC recipients to 

Federal law relating to the proper use of 

Federal funds. This proposed rule will 

provide recipients with notice of the 

applicable Federal laws each recipient 

must agree to be subject to under this 

rule, the consequences of a violation of 

an applicable Federal law, and where 

LSC will maintain the list of applicable 

laws. 

DATES: Comments must be submitted by 

March 5, 2015. 

ADDRESSES: Written comments must be 

submitted to Stefanie K. Davis, Assistant 

General Counsel, Legal Services 

Corporation, 3333 K Street NW., 

Washington, DC 20007; (202) 337–6519 

(fax) or lscrulemaking@lsc.gov. 

Electronic submissions are preferred via 

email with attachments in Acrobat PDF 

format. Written comments sent to any 

other address or received after the end 

of the comment period may not be 

considered by LSC. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie K. Davis, Assistant General 

Counsel, Legal Services Corporation, 

3333 K Street NW., Washington, DC 

20007; (202) 295–1563 (phone), (202) 

337–6519 (fax), or lscrulemaking@

lsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory and Regulatory Background 

Section 504(a)(19) of LSC’s FY 1996 

appropriations act required LSC 

recipients to enter into a contract that 

subjected recipients to ‘‘all provisions of 

Federal law relating to the proper use of 

Federal funds.’’ Sec. 504(a)(19), Public 

Law 104–134, title V; 110 Stat. 1321. By 

its terms, a violation of Sec. 504(a)(19) 

renders any LSC grant or contract null 

and void. The provision has been 

incorporated by reference into each of 

LSC’s annual appropriations act since. 

Accordingly, the preamble and text of 

this proposed rule continue to refer to 

the appropriate section number of the 

FY 1996 appropriations act. 

The Corporation first issued 45 CFR 

part 1640 as an interim rule in 1996 to 

implement Sec. 504(a)(19). 61 FR 45760 

(Aug. 29, 1996). The interim rule was 

put in place to provide immediate 

guidance to LSC recipients on 

legislation that was already in effect and 

carried significant penalties for 

noncompliance. Id. In the preamble to 

the interim rule, LSC announced that it 

was interpreting the statutory phrase 

‘‘all provisions of Federal law relating to 

the proper use of Federal funds’’ to 

mean ‘‘with respect to [a recipient’s] 

LSC funds, all programs should be 

subject to Federal laws which address 

issues of waste, fraud and abuse of 

Federal funds.’’ Id. LSC based its 

interpretation on legislative history that 

appeared to limit the applicable laws to 

those dealing with fraud, waste, and 

abuse of Federal funds. 

In particular, LSC relied on two 

congressional documents to support its 

interpretation. First, the Corporation 

cited to the House Report for H.R. 2076, 

which was a prior effort to enact a 

provision similar to section 504(a)(19). 

The relevant language in that report 

stated: 

[S]ection 504(20) requires all programs 

receiving Federal funds to comply with 

Federal statutes and regulations governing 

waste, fraud, and abuse of Federal funds. 

H. Rep. No. 104–196, 104th Cong., 1st 

Sess. 116 (July 1995) (emphasis added). 

Second, LSC cited section 5 of H.R. 

1806, the Legal Services Reform Act of 

1995, which was an unsuccessful 

attempt to revise the LSC Act. As an 

extension of his remarks introducing 

H.R. 1806, Rep. McCollum submitted a 

partial summary of the bill, including a 

discussion of section 5 entitled 


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