Sec. 606. Sunset review notices and agency reports
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The sunset review notice under section 404(b)(1) for a rule shall— request comments regarding whether the rule should be continued without change, modified, consolidated with another rule, or terminated; if applicable, request comments regarding whether the rule meets the applicable Federal cost-benefit and risk assessment criteria; and solicit comments about the past implementation and effects of the rule, including— the direct and indirect costs incurred because of the rule, including the net reduction in the value of private property (whether real, personal, tangible, or intangible), and whether the incremental benefits of the rule exceeded the incremental costs of the rule, both generally and regarding each of the specific industries and sectors it covers; whether the rule as a whole, or any major feature of it, is outdated, obsolete, or unnecessary, whether by change of technology, the marketplace, or otherwise; the extent to which the rule or information required to comply with the rule duplicated, conflicted, or overlapped with requirements under rules of other agencies; in the case of a rule addressing a risk to health or safety or the environment, what the perceived risk was at the time of issuance and to what extent the risk predictions were accurate; whether the rule unnecessarily impeded domestic or international competition or unnecessarily intruded on free market forces, and whether the rule unnecessarily interfered with opportunities or efforts to transfer to the private sector duties carried out by the Government; whether, and to what extent, the rule imposed unfunded mandates on, or otherwise affected, State and local governments; whether compliance with the rule required substantial capital investment and whether terminating the rule on the next review deadline would create an unfair advantage to those who are not in compliance with it; whether the rule constituted the least cost method of achieving its objective consistent with the criteria of the Act under which the rule was issued, and to what extent the rule provided flexibility to those who were subject to it; whether the rule was worded simply and clearly, including clear identification of those who were subject to the rule; whether the rule created negative unintended consequences; the extent to which information requirements under the rule can be reduced; and the extent to which the rule has contributed positive benefits, particularly health or safety or environmental benefits.
The preliminary report under section 404(b)(2) on the sunset review of a rule shall request public comments and contain— specific requests for factual findings and recommended legal conclusions regarding the application of section 403 to the rule, the continued need for the rule, and whether the rule duplicates functions of another rule; a request for comments on whether the rule should be continued without change, modified, consolidated with another rule, or terminated; and if consolidation or modification of the rule is recommended, suggestions for the proposed text of the consolidated or modified rule.
The report under section 404(b)(3) on the sunset review of a rule shall— contain the factual findings and legal conclusions of the agency conducting the review regarding the application of section 403 to the rule and the agency’s proposed recommendation as to whether the rule should be continued without change, modified, consolidated with another rule, or terminated; in the case of a rule that the agency proposes to continue without change, so state; in the case of a rule that the agency proposes to modify or consolidate with another rule, contain— a notice of proposed rulemaking under section 553 of title 5, United States Code or under other statutory rulemaking procedures required for that rule; and the text of the rule as so modified or consolidated; and in the case of a rule that the agency proposes to terminate, contain a notice of proposed rulemaking for termination consistent with paragraph (3)(A).
A final report described in paragraph
(2)shall be published in the Federal Register. The final report under subsection (c)(3) or (c)(4) shall be published in the Federal Register and its publication shall constitute publication of the notice required by subsection (c)(3)(A). After publication of the final report under subsection (c)(3) or (c)(4) on a sunset review of a rule, the agency which conducted such review shall conduct the rulemaking which is called for in such report. In any case in which the head of an agency determines that a rule in a final report under subsection (c)(3) or (c)(4) cannot be changed, modified, or consolidated with another rule without legislative action, such head shall include in such final report a description of what legislative changes are required to implement the recommendations in such final report with regard to such rule.