Specific Analyses for Steps Three and Seven

Regulatory Planning and Review (E.O. 12866) Would the rule have a $100 million annual impact, raise novel issues, and/or have other significant impacts? If yes Prepare economic impact analysis.

Regulatory Flexibility Act (5 U.S.C. 601-612) Is a notice of proposed rulemaking required by law? If yes   Would the rule "have a significant economic impact on a substantial number of small entities"? and yes Prepare regulatory flexibility analysis.   Note: Under limited circumstances analyses also are required for certain interpretive rules             involving internal revenue laws (5 U.S.C. 603, 604).

Paperwork Reduction Act (44 U.S.C. 3501-3520) Does the rule contain a "collection of information" (reporting, disclosure, or recordkeeping)? If yes Prepare information collection clearance package for OMB review and approval, and prepare request for public comments.

Unfunded Mandates Reform Act (2 U.S.C. Chs. 17A, 25) Does the rulemaking process include a proposed rule? If yes   Does the rule include any Federal mandate that may result in the expenditure (direct costs minus direct savings) by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million in any one year (adjusted annually)? and yes Prepare unfunded mandates analysis (unless an exclusion applies).

Federalism (E.O. 13132) Is the rule a discretionary rule that has federalism implications and imposes substantial unreimbursed direct compliance costs on State and local governments? If yes Prepare federalism summary impact statement. Does the rule have federalism implications and preempt State law? If yes Prepare federalism summary impact statement.

Indian Tribal Governments (E.O. 13175) Is the rule a discretionary rule that has tribal implications and imposes substantial unreimbursed direct compliance costs on Indian tribal governments? If yes Prepare tribal summary impact statement. Does the rule have tribal implications and preempt tribal law? If yes Prepare tribal summary impact statement.

National Environmental Policy Act (42 U.S.C. 4321-4347) Is the rule categorically excluded from review? If no   Does the rule constitute a major Federal action that could significantly affect the quality of the human environment? and yes Prepare environmental assessment or environmental impact statement, as appropriate.

National Technology Transfer and Advancement Act (15 U.S.C. 272 note) Does the rule contain provisions for which the use of voluntary standards is applicable? If yes Adopt voluntary consensus standards or explain why not.

Governmental Actions and Interference with Constitutionally Protected Property Rights (E.O. 12630) Does the rule regulate private property use for the protection of public health or safety? If yes Prepare takings analysis. DIs the rulemaking a proposed regulatory action that has takings implications (other than regulating private property for the protection of public health and safety)? If yes Prepare takings analysis.

Protection of Children from Environmental Health Risks and Safety Risks (E.O. 13045) Is the rulemaking a "covered regulatory action"? If yes Prepare analysis of the environmental health or safety effects on children.

Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (E.O. 13211) Is the rulemaking action a "significant energy action"? If yes Prepare statement of energy effects.

Back to map