51735

Federal Regster 

# Presidential Documents

Vol. 58, No. 190 Monday, October 4, 1993

Title 3- Executive Order12866 of September 30, 1993

The President Regulatory Planning and Review

The American people deserve a regulatory system that works for them, not against them: a regulatory system that protects and improves their health, safety, environment, and well-being and improves the performance of the economy without imposing unacceptable or unreasonable costs on society; regulatory policies that recognize that the private sector and private markets

are the best engine for economic growth; regulatory approaches that respect the role of State, local, and tribal governments; and regulations that are effective, consistent, sensible, and understandable. We do not have such

a regulatory system today. With this Executive order, the Federal Government begins a program to reform and make more efficient the regulatory process. The objectives of this Executive order are to enhance planning and coordination with respect to both new and existing regulations; to reaffirm the primacy of Federal agencies in the regulatory decision-making process; to restore the integrity and legitimacy ofregulatory review and oversight; and to make the process
more accessible and open to the public. In pursuing these objectives, the regulatory process shall be conducted so as to meet applicable statutory requirements and with due regard to the discretion that has been entrusted tothe Federal agencies. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. StatementofRegulatoryPhilosophyandPinciples.(a) The RegulatoryPhilosophy.Federal agencies should promulgate only such regulations

as are required by law, are necessary to interpret the law, or are made necessary by compelling public need, such as material failures of private markets to protect or improve the health and safety of the public, the environment, or the well-being ofthe American people. In deciding whether and howto regulate, agencies should assess all costs andbenefits ofavailable regulatory alternatives, including the alternative of not regulating. Costs and benefits shall be understood to include both quantifiable measures (to the fullest extent that these can be usefully estimated) and qualitative measures of costs and benefits that are difficult to quantify, but nevertheless essential to consider. Further, in choosing among alternative regulatory approaches, agencies should select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity), unless a statute requires anotherregulatory-approach. (b) The PrinciplesofRegulation.To ensure that the agencies' regulatory programs are consistent with the philosophy set forth above, agencies should adhere to the following principles, to the extent permitted by law and where applicable: (1) Each agency shall identify the problem that it intends to address (including,where applicable, the failures ofprivate markets orpublic institutions that warrant new agency action) as well as assess the significance ofthatproblem. (2) Each agency shall examine whether existing regulations (or other law) have' created, or contributed to, the problem that a new regulafion

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is intended to correct and whether those regulations (or other law) should be modified to achieve the intended goal of regulation more effectively. (3) Each agency shall identify and assess available alternatives to direct regulation, including providing economic incentives toencourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices canbe madebythepublic. (4) In setting regulatory priorities, each agency shall consider, to the extent reasonable, the degree and nature of the risks posed by various substances oractivities within itsjurisdiction. .(5) When an agency determines that a regulation is the best available method ofachieving the regulatory objective, it shall design its regulations in the most cost-effective manner to achieve. the regulatory objective. In doing so, each agency shall consider incentives for Innovation, consistency, predictability, the costs of enforcement and compliance (to the government, -egulated entities, and the public), flexibility, distributive impacts, and equity.(6) Each agency. shall assess both the costs and the benefits of the intended regulation and,recognizing thatsome costs andbenefits aredifficult toquantify, propose oradopt aregulation onlyupon areasoned determination thatthebenefits oftheintended regulationjustify itscosts. (7) Each agency shall base its decisions onthebestreasonably obtainable scientific- technical, economic, and other information concerning the need for,andconsequences of,theintended regulation. (8) Each agency shall identify and assess alternative forms ofregulation and shall, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities mustadopt. (9) Wherever feasible, agencies shall seek views of appropriate State, local, and tribal officials before imposing regulatory requirements that might significantly or uniquely affect those governmental entities. Each agency shall assess the effects of Federal regulations on State, local, and tribal governments, including specifically the availability of resources to carry out those mandates, and seek to minimize those burdens that uniquely
or significantly affect suchgovernmental entities, consistent with achieving regulatory 'objectives. In addition, as appropriate, agencies shall seek to harmonize Federal regulatory actions with related State, local, and tribal regulatory andothergovernmental fudctions. (10) Each agency shall avoidregulations that are inconsistent, incompatible, or duplicative with its other regulations or those of other Federal agencies. (11) Each agency shall tailor its regulations to impose-the least burden
on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with 'obtaining the regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations. (12) Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigationarisingfrom suchuncertainty. Sec. 2. Organization.An efficient regulatory planning and review process is vital to ensure that the Federal Government's regulatory system best
servestheAmerican people.

(a) TheAgencies. Because Federal agencies are the repositories of significantsubstantive expertise and experience,they areresponsible for developing regulations and assuring that the regulations are consistent with applicable law, the President's priorities, and the principles set forth in thisExecutive order.

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(b) The Office ofManagementandBudget.Coordinated review ofagency rulemaking isnecessary toensurethatregulations are consistentwith applicable law,the President's priorities, and the principles set forth inthis Executive order, and that decisions made by one agency do not conflict with the policies or actions taken or planned by another agency. The Office * of Management and Budget (OMB) shall carry out that review function. Within OMB, the Office of Information and Regulatory Affairs (OIRA) is therepository ofexpertise concerning regulatory issues,including methodologies and procedures that affect more than one agency, this Executive order, and the President's regulatory policies. To the extent permitted by law, OMB shall provide guidance to agencies and assist the President, the Vice President, and other regulatory policy advisors to the President inregulatory planning and shall be the entity that reviews individual regulations, as provided bythisExecutive order. (c) The Vice President.The Vice President is the principal advisor to the President on, and shall-coordinate the development and presentation of recommendations concerning, regulatory policy, planning, and review,

as set forth in this EIecutive order. In fulfilling their responsibilities under this Executive order, the President and the Vice President shall be assisted by theregulatory policy advisors within theExecutive Office ofthePresident and by such agency officials and personnel as the President and the Vice President may,from timetotime,consult. Sec. 3. Definitions.For purposes of this Executive order: (a) "Advisors" refers to such regulatory policy advisors to the President as the President and Vice President may from timeto time consult, Including, among others: (1)the Director of OMB; (2) the Chair (or another member) ofthe Council ofEconomic Advisers; (3) theAssistant to thePresident forEconomic Policy; (4) the Assistant to the President for Domestic Policy; (5) the Assistant tothePresident forNational SecurityAffairs; (6)theAssistant tothePresident forScience and Technology; (7) theAssistant tothePresident forIntergovernmental Affairs; (8) the Assistant to the President and Staff Secretary; (9) the Assistant to the President and Chief of Staff to-the Vice President; (10) the Assistant to the President and Counsel to the President; (11) the Deputy Assistant to the President and Director ofthe White House Office

on Environmental Policy; and (12) the Administrator of OIRA, who also shall ' oordinate communications relating to this Executive order among the agencies, OMB, the other Advisors, and the Office ofthe VicePresident. (b) "Agency," unless otherwise indicated, means, any authority of the United States that Is an "agency" under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 

### 3502(10). (c) "Director" meanstheDirectorofOMB. (d) "Regulation" or"rule" means an agency statement ofgeneral applicabil- ity and future effect, which the agency Intends to have the force and effect oflaw, that is designed to implement, interpret, or prescribe law or policy

or to describe the procedure or practice requirements ofan agency. It does not,however, include: (1)Regulations orrules issued inaccordance with the formal rulemaking provisions of5U.S.C. 556, 557; (2) Regulations or rules, that pertain to a military or foreign affairs function ofthe United States, otherthanprocurement regulations and regulations involving the import or export of non-defense articles and services; (3) Regulations or rules that are limited to agency organization, management,orpersonnel matters; or (4) Any other category ofregulations exempted by the Administrator ofOIRA. (e) "Regulatory action" means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected 51737

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to lead to the promulgation of a final rule or regulation, including notices ofinquiry, advance notices ofproposed rulemaking, and notices ofproposed rulemaking. (f) "'Significant regulatory action" means any regulatory action that is likelytoresultin arulethatmay: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector ofthe economy, productivity; competition, jobs, the environment, public health or safety,
orState,local, ortribalgovernments orcommunities; (2)Create a serious inconsistency or otherwise interfere with an action taken orplannedbyanother agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof;

or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the,principles set forth in this Executive order. Sec. 4.Planning Mechanism.Inorder to have aneffective regulatory program, to provide for coordination of regulations, to maximize consultation and the resolution of potential conflicts at an early stage, to involve the public and its State, local, and tribal officials in regulatory planning, and to ensure that new or revised regulations promote the President's priorities and the

Srinciples set forth in this Executive order, these procedures shall be folowed, to the extent permitted by law: (a) Agencies' PolicyMeeting.Early in each year's planning cycle, the Vice President shall convene a meeting ofthe Advisors and the heads ofagencies to seek a common understanding of priorities and to coordinate regulatory efforts to be

-accomplished in theupcomingyear. (bi UnifiedRegulatoryAgenda. For purposes of this subsection, the term "agency" or"agencies" shallalsoincludethose considered tobe independent regulatory agencies, as defined in 44 U.S.C. 3502(10). Each agency shall prepare an agenda of all regulations under development or review, at a time andinamanner specified bytheAdministrator ofOIRA. Thedescription ofeach regulatory action shall contain, at aminimum, a regulation identifier number, a brief summary of the action, the legal authority for the action, any legal deadline for the action, and the name and telephone number ofaknowledgeable agency official. Agencies may incorporate the information required under5U.S.C. 602and41U.S.C. 402 intothese agendas. (€)TheRegulatoryPlan.Forpurposes ofthis subsection, theterm "agency"

or "agencies" shall also include those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). (1)As part ofthe Unified Regulatory Agenda,beginningin1994, eachagency shallprepare a Regulatory Plan (Plan) of the most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in that fiscal year or thereafter. The Plan shall be approved personally by the agency head andshallcontain at aminimum: (A)A statement ofthe agency's regulatory objectives and priorities and howthey relatetothe President'spriorities; (B)A summary of each planned significant regulatory action including, to the extentpossible, alternatives tobeconsidered and preliminary estimates oftheanticipated costs andbenefits; (C)Asummary ofthe legalbasis foreach such action, including whether any aspect ofthe actionisrequired bystatute orcourt order; (D) A statement of the need for each such action and, if applicable, how the action willreduce risks to publichealth, safety, orthe environment,
as well as how the magnitude of the risk addressed by the action relates tootherriskswithinthejurisdictionoftheagency;

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(E) The agency's schedule 'foraction, including a statement ofany appli-. cable statutory orjudicial deadlines; and (F) The name, address, and,telephone number of a, person the public may contact for additional information about'the planned regulatory action. (2) Each agency shall forward 'its Plan to OIRA .by June 1st of each year. (3) Within 10 calendar days after OIRA has received an agency's Plan, OIRA shall circulate it to -other affected agencies, the Advisors, and the VicePresident.
(4) An agency head who believes that a planned regulatory action of another agency may conflict with its own policy.or action taken or planned shall promptly notify, in writing, the Administrator of OIRAi who' shall forward that 'communication to the issuing agency, the Advisors, and,the VicePresident. (5) If the Administrator of OIRA believes that a planned' regulatory: action of an agency 'may be inconsistent with the. Presidient's priorities

or the ,principles set forth in this Executive ,order or may be in conflict with any policy or action taken or planned by another agency,' the Administrator of OIRA shall promptly notify, in writing, the affected agencies,: the Advisors,and the VicePresident. (6) The Vice President, with the Advisors' assistance, may consult with the headsofagencieswith respect totheirPlans and, in appropriate.instances, requestfurther consideration orinter-agency coordination. (7) The Plans developed by the issuing agency shall be publishedannually in the October publication of the Unified Regulatoiy.Agenda. This' publication shall be made available to the Congress: State, local, and 'ibal governments; and the public. Any views on any aspect of ay agency Pln, including whether any planned regulatory -action might conflict'with. any: other planned or existing regulation, impose any unintended consequences
on the public, or confer any unclaimed benefits on the public, shouldbe directedto the issuing agency, with acopy toOIRA. (d)Regulatory WorkingGroup.Within 30 days ofthe dateofthis Executive, order, the Administrator ofOIRA shall convene a Regulatory Working Group ("Working Group"), which shall consist ofrepresentatives'of the heads 'of> each agency that the Administrator determines to have significant:domestic regulatory responsibility, the Advisors, and the Vice President. The.Administrator of OIRA shall chair the Working Group and shall periodically advise the Vice President on the activities of the Working Group. The Working Group shall serve as a forum to assist agencies in identifyi g and analyzing important regulatory issues (including, among others (1) the deelopmeit of innovative regulatory techniques, (2) the methods, efficy, and utility ofcomparative risk assessment in regulatory decision-makling, and (3)'the development of short forms and other streamlined regulto"ry approaches' for small businesses and other entities). The Working Grot shall meet' at least quarterly and 'may meet as a whole or in subgroups-of agencies with an interest in particularissuesorsubject areas. Toinform its discussions, the Working Group may commission analytical studies and reports by OIRA, the Administrative Conference of the United States, or any other agency.

(e) Conferences. The Administrator of OIRA shall meet'quarterly with representatives ofState, local,and tribal governments toidentify bothexisting and proposed regulations that may uniquely or significantly affect those governmental entities. The Administrator ofOIRA shall also .convene, from time to time, conferences with representatives of businesses,. nongovern-, mental organizations, and the publicto discuss regulatory issues of common,
concern. Sec. 5. ExistingRegulations.-.In- order to reduce the regulatory burden on the American people, their families, their communities, their State, local, and tribal governments, and their industries; to determine whether regula51739

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tions promulgated by the executive branch of the Federal Government have become unjustified or unnecessary as a result of changed circumstances; to confirm that regulations are both compatible with each other and not duplicative or inappropriately burdensome in the aggregate; to ensure that all regulations are consistent with the President's priorities andthe principles set forth in this Executi,e order, within applicable law; and to otherwise improve the effectiveness of existing regulations: (a) Within 90 days of the dateofthis Executive order, each agency shall submit to OIRA a program, consistent with its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified or eliminated sas to make the agericy's regulatory program more effective in achieving the regulatory objectives, less burdensome, or in greater alignment with thePresident's priorities and the principles set forth in this Executive order. Any significant regulations selected for review shall be included in the agency's annual Plan. The agency shall also identify any legislative mandates that require the agency to promulgate or continue to impose regulations that the agency believes are unnecessary or outdated by reason of changed circumstances. (b) The Administrator of QIRA shall work with the Regulatory Working Group and other interested entities to pursue the objectives of this section. State, local, and tribal governments are specifically encouraged to assist in the identification ofregulations that impose significant or unique burdens

onthose governmental entities and that appear to haveoutlived theirjustification orbe otherwise inconsistent with the publicinterest. (c) The Vice President, in consultation with the Advisors, may identify for review by the appropriate agency or agencies other existing regulations of an agency or groups f regulations of more than one agency that affect

a particular group, industry, or sector of the economy, or may identify legislative mandates that may be appropriate for reconsideration by the Congress. Sec. 6. CentralizedReview ofRegulations.The guidelines set forth below shall apply to all regulatory actions, for both new and existing regulations, by agencies other than those agencies specifically exempted by the Administrator ofOIRA: (a) Agency Responsibilities. (1) Each agency shall (consistent with its

own rules, regulations, or procedures) provide the public with meaningful participation in the regulatory process. In particular, before issuing a notice of proposed rulemaking, each agency should, where appropriate, seek the involvement of those who are intended to benefit from and those expected to be burdened by any regulation (including, specifically, State, local, and tribal officials). In addition, each agency should afford the public a meaningful opportunity to comment on any proposed regulation, which in most

cases should include a comment period of not less than 60 days. Each agency also is directed to explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. (2) Within 60 days of the date of this Executive order, each agency head shall designate a Regulatory Policy Officer who shall'report to the agency head. The Regulatory Policy Officer shall be involved at each stage ofthe regulatory process to foster the development of effective, innovative, and least burdensome regulations and to further the principles set forth inthisExecutive order. (3) In addition to adhering to its own rules.. and procedures and to the requirements ofthe Administrative Procedure Act, the Regulatory Flexibility Act, the Paperwork Reduction Act, and other applicable law, each agency shall develop its regulatory actions in a timely fashion and adhere to thefollowing procedures withrespecttoaregulatory action: (A) Each agency shall provide OIRA, at such times and in the manner specified by the Administrator ofQIRA, with a list of its planned regulatory actions,indicating those which the agency believes are significant regulatory

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actions within the meaning ofthisExecutive order. Absent amaterial change in the development of the planned regulatory action, those not designated

as significant will not be subject to review under this section unless, within 10 working days of receipt ofthe list, the Administrator of OIRA notifies the agency thatOIRAhas determined thataplannedregulation isa significant regulatory action within the meaning ofthis Executive order. The Administrator ofOIRA may waivereview ofanyplanned regulatory action designated by the agency as significant, in which case the agency need not further complywith subsection (a)(3)(B) orsubsection (a)(3}{C) ofthis section. (B) For each matter identified as, or determined by the Administrator of OIRA to be, a significant regulatory action, the issuing agency shall provide toOIRA: (i) The text of the draft regulatory action, together with a reasonably detailed description ofthe need for theregulatory action and an explanation ofhowtheregulatory actionwill meetthat need; and (ii) An assessment ofthe potential costs and benefits ofthe regulatory action, including an explanation of the manner in which the regulatory action is consistent with a statutory mandate and, to the extent permitted by law, promotes the President's priorities and avoids undue interference with State, local, and tribal governments intheexercise oftheirgovernmental functions. (C) For those matters identified as, or determined by the Administrator of OIRA to be, a significant regulatory action within the scope of section 3(f(1), the agency shall alsoprovide to OIRA the following additional information developed as part of the agency's decision-making process (unless. prohibited bylaw): (i) An assessment, including the underlying analysis, ofbenefits anticipated from the regulatory action (such as,but not limited to, the promotion oftheefficient functioning ofthe economy and privatemarkets, theenhancement of health and safety, the protection of the natural environment, and the elimination or reduction of discrimination or bias) together with, to theextent feasible,a quantification ofthosebenefits; (ii)Anassessment, includingtheunderlying analysis, ofcosts anticipated from the regulatory action (such as, but not limited to, the direct cost both to the government in administering the regulation and to businesses and others in complying with the regulation, and any adverse effects on the efficient functioning ofthe economy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural environment), together with, to the extent feasible, a quantification ofthose costs; and (iii) An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the planned regulation, identified by the agencies or the public (including improving the current regulation and reasonably viable nonregulatory actions), and an explanation why the planned regulatory action is preferable to the identified potential alternatives. (D) In emergency situations or when an agency is obligated by law to act more quickly than normal review procedures allow, the agency shall notify OIRA as soon as possible and, to the extent practicable, comply with subsections (a)(3)(B) and (C)ofthis section. For thoseregulatory actions that are governed by a statutory or court-imposed deadline, the agency shall, to the extent practicable, schedule rulemaking proceedings so as to permit sufficient time for OIRA to conduct its review, as set forth below in subsection (b)(2) through(4)of-this section. (E)Afterthe regulatory action hasbeenpublished intheFederal Register

orotherwise issuedtothepublic,the agency shall: (i) Make available tothe public the information set forth in subsections (a)(3)(B) and (C); 51741

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(ii) Identify for the public, in a complete, clear, and simple manner, the substantive changes between the draft submitted to OIRA for review andthe action subsequenly announced; and (iii) Identify for the public those changes in the regulatory action that

were made at thesuggestion orrecommendation ofOIRA. (F) All information provided to the public by the agency shall be in plain, understandable language. (b) QIRA Responsibilities.The Administrator ofOIRAshall provide.meaningful guidance and oversight so that each agency's regulatory actions are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order and do not conflict,, with the policies

or actions of another agency. OIRA shall, to the extent permitted by law, adhere tothe following guidelines: (1) OIRA may review only actions identified by the agency or by OIRA

as significant regulatory actions under subsection (a)(3)(A) of this section. .(2) OIRA shall waive review or notify the agency in writing of the results ofitsreview withinthe following time periods: (A) For any notices of inquiry, advance notices ofproposed rulemaking,

or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date ofsubmission of the draft action toOIRA; (B) For all other regulatory actions, within 90 'calendar days after the date of submission ofthe information set forth in subsections (a)(3)(B) and (C) of this section,,unless OIRA has previously reviewed this information and, since that review, there has been no material change in the facts and circumstances upon which the regulatory action Is based, in which
case,OIRA shall complete itsreview within 45 days;and (C) The review process may be extended (1) once by no -more than -30 calendar days upon the written approval of the Director and.(?).at the request ofthe agency head. (3) For each regulatory action that the Administrator of OIRA returns to an agency for further consideration of some or all of its provisions,

- the Administrator ofOIRA shall provide the issuing agency,a written.explanation for such return, setting forth the pertinent provision ofthis Executive order on which OIRA is relying. If the agency head disagrees with' some
or all of the bases for the return, the agency head shall so inform the Administrator ofOIRA in writing. (4) Except as otherwise provided by law or' required. by a Court, in order to ensure greater openness, accessibility, and accountability in the regulatory reviewprocess, OIRA shall be governed by thefollowing disclosure requirements: (A) Only the Administrator of OIRA (or a particular designee) shall receive oralcommunications initiated by persons nbt employed by theexecutive branch ofthe Federal Government regarding the substance ofa regulatory action under OIRAreview; (B) All substantive communications between OIRA personnel and persons not employed by the executive branch of the Federal Government regarding a regulatory action underreview shall be governed by the following guidelines: (i) A representative from the issuing agency shall be invited toany meetingbetween OIRA personnel and such person(s); (ii) OIRA shall forward to the issuing agency, within 10 working days of receipt of the communication(s), all written communications, regardless of format, between OIRA personnel and any person who is, not employed by the executive branch of the Federal Government, and the dates and

names of individuals involved in all substantive oral communications (in-. cluding meetings to which an agency representative was invited,'but "'did

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not attend, and telephone conversations between OIRA personnel and any such persons); and (iii) OIRA shall publicly disclose relevant information about such communication(s), as set forth below in subsection (b)(4)(C) ofthis section. (C) OIRA shall maintain a publicly available log that shall contain, at a minimum, the following information pertinent to regulatory actions underreview: i) The status of all regulatory actions, including if (and if so, when and by whom) Vice Presidential and Presidential consideration was requested; (ii) A notation of all written communications forwarded to an issuing agency undersubsection (b)(4)(B)(ii)ofthis section; and (iii) The dates and names of individuals involved in all substantive oral communications, including meetings and telephone conversations, between OIRA personnel and any person notemployed by the executive branch of the Federal Government, and the subject matter discussed during such communications. (D)After theregulatory actionhasbeen published in theFederal Register
or otherwise issued to the public, qr after the agency has announced its decision not to publish or issue the regulatory action, OIRA shall make available to the public all documents exchanged between OIRA and the agency duringthereviewbyOIRA underthis section. (5) All information provided to the public by OIRA shall be in plain, understandable language. Sec. 7.ResolutionofConflicts.Tothe extent permittedby law, disagreements

or conflicts between or among agency heads or between OMB and any agency that cannot be resolved by the Administrator of OIRA shall bE resolved by the President, or by the Vice President acting at the requesi ofthe President, with the relevant agency head (and, as appropriate, othei interested government officials). Vice Presidential and Presidential consider. ation of such disagreements may be initiated only by the Director, by the head ofthe issuing agency, orbythe head ofan agency that has a significani interest inthe regulatory action atissue. Such review will not be undertaker attherequestofotherpersons, entities,ortheiragents. Resolution ofsuch conflicts shall be informed by recommendations devel. oped by the Vice President, after consultation with the Advisors (and othel executive branch officials orpersonnel whose responsibilities to the Presideni include the subject matter at issue). The development ofthese recommenda tions shall be concluded within 60 days after review has been requested During theVice Presidential and Presidential review period, communication., with any person not employed by the Federal Government relating to th substance oftheregulatory action under review and directed to the Advisor

or their staffs or to the staff of the Vice President shall be in writinj and shall be forwarded by the recipient to the affected agency(ies) for inclu sion in the public docket(s). When the communication is not in writing such Advisors or staff members shall inform the outside party that tho matter is under review and that any comments should be submitted il writing. At the end of this review process, the President, or the Vice Presiden acting at the request of the President, shall notify the affected agency an( the Administrator of OIRA ofthe President's decision with respect to thl matter. Sec. 8. Publication.Except to the extent required by law, an agency shal not publish in the Federal Register or otherwise issue to the public ani regulatory action that is subject to review under section 6 ofthis Executivi order until (1) the Administrator of OIRA notifies the agency that OIR/ has waived its review of the action or has completed its review withou 51743

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any requests for further consideration, or (2) the applicable time period in section 6(b)(2) expires without OIRA having 'notified the agency that it is returning the regulatory action for further consideration under section 6(b)(3), whichever occurs first. Ifthe terms ofthe preceding sentence have not been satisfied and an agency wants to publish or otherwise issue a regulatory action, the head ofthat agency may request Presidential consideration through the Vice President, as provided -undersection 7 ofthis order. Upon receipt of this request, the Vice President shall notify OIRA, and the Advisors, The guidelines and time period set forth in section 7 shall applyto thepublication ofregulatory actions forwhich Presidential considerationhasbeensought. Sec..9.AgencyAuthority.Nothing inthis order shall be construed as displacingtheagencies' authority orresponsibilities 'asauthorized bylaw. Sec. 10. 

### JudidialReview. Nothing in this Executive. order shill affect any otherwise available judicial review of agency action. This Executive order 'isintended only to improve the internal-managementofthe Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equityby aparty against theUnited States, its agencies

orinstrumentalities, -itsofficers oremployees, oranyotherperson. Sec. 11. Revocations.Executive Orders'Nos. 12291 and 12498; all amendments to those Executive orders; all guidelines issued under those orders; and apy exemptios from those orders heretofore granted for any category ofrulearerevo ed,

-THE WHITE.HOUSE, September30, 1993. JFR.-DOC. 93-44523 " -: Filed 10-1-93; 12:12 punl 'Billing code 3195-014M

Fditoria not. For the President's 'remarks on signing .this Executive order, see issue 39 ofthe WeeklyCompilation ofPresidentialDocuments. '

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