by Jeff Weiss. Original source: Notice & Comment – A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice
As the Obama Administration moves into the final stretch of establishing a “Single Window” – an electronic portal through which traders can transmit data required by U.S. agencies for importing and exporting goods — it is worth discussing the pivotal role being played in the Single Window roll-out by retrospective review.
The Administration’s retrospective review policy for regulation is set out in Executive Orders 13563 (Improving Regulation and Regulatory Review, January 2011) and 13610 (Identifying and Reducing Regulatory Burdens, May 2012). Under the “look back” policy, agencies must periodically review their significant rules to determine whether any should be “modified, streamlined, expanded or repealed” so as to increase their effectiveness or reduce burden. Agencies are asked to prioritize initiatives that would “produce significant quantifiable monetary savings or significant quantifiable reductions in paperwork burdens while protecting public health, welfare, safety, and our environment,” and reduce burdens on small business, including cumulative burdens.
An exciting application of the Administration’s “look back” policy – implementation of the Single Window — is proceeding in a quiet, albeit impressive, manner.