Back in the day I once had responsibility for processing ASCS regulations to the Office of the Federal Register. My memory fades, but I believe in the Nixon administration the text of a regulation moved directly from the preamble to the table of contents or other text. Beginning perhaps with Ford's requirements on clearing big regs for their inflation impact, successive Presidents have added more and more hoops for the poor reg writer to jump through.
A recent
FSA rule caught my eye. There are eleven different sections citing requirements (EO 13771 is the Trump one.)
Executive Orders 12866, 13563, and 13771
Executive Order
12866, “Regulatory Planning and Review,” and Executive Order 13563,
“Improving Regulation and Regulatory Review,” direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public health
and safety effects, distributive impacts, and equity). Executive Order
13563 emphasized the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
The Office of Management and Budget (OMB) designated this rule as not
significant under Executive Order 12866, “Regulatory Planning and
Review,” and therefore, OMB has not reviewed this rule. The rule is not
subject to Executive Order 13771, “Reducing Regulation and Controlling
Regulatory Costs.”
Paperwork Reduction Act of 1995
Pursuant to the provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, subchapter
I), the collections of information in this rule have been approved by
OMB under control number 0563-0053.
E-Government Act Compliance
USDA
is committed to complying with the E-Government Act of 2002, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information and
services, and for other purposes.
Unfunded Mandates Reform Act of 1995
Title
II of the Unfunded Mandates Reform Act of 1995 (UMRA) establishes
requirements for Federal agencies to assess the effects of their
regulatory actions on State, local, and tribal governments and the
private sector. This rule contains no Federal mandates (under the
regulatory provisions of title II of the UMRA) for State, local, and
tribal governments or the private sector. Therefore, this rule is not
subject to the requirements of sections 202 and 205 of UMRA.
Executive Order 13132
It
has been determined under section 1(a) of Executive Order 13132,
Federalism, that this rule does not have sufficient implications to
warrant consultation with the States. The provisions contained in this
rule will not have a substantial direct effect on States, or on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of Executive Order 13175, “Consultation
and Coordination with Indian Tribal Governments.” Executive Order 13175
requires Federal agencies to consult and coordinate with tribes on a
government-to-government basis on policies that have tribal
implications, including regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes.
USDA has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
Tribe requests consultation, USDA will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions and modifications identified herein are not expressly mandated
by Congress.
Regulatory Flexibility Act
USDA certifies
that this regulation will not have a significant economic impact on a
substantial number of small entities. This regulation is a conforming
amendment to a final rule published by FCIC that states the Federal crop
insurance program is the same for all producers regardless of the size
of their farming operation. For instance, all producers are required to
file an AD-1026 with FSA to be eligible for premium subsidy. Whether a
producer has 10 acres or 1,000 acres, there is no difference in the kind
of information collected. To ensure crop insurance is available to
small entities, the Federal Crop Insurance Act (FCIA) authorizes FCIC to
waive collection of administrative fees from limited resource farmers.
FCIC believes this waiver helps to ensure that small entities are given
the same opportunities as large entities to manage their risks through
the use of crop insurance. A Regulatory Flexibility Analysis has not
been prepared since this regulation does not have a significant impact
on a substantial number of small entities, and, therefore, this
regulation is exempt from the provisions of the Regulatory Flexibility
Act (5 U.S.C. 605).
Federal Assistance Program
This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450.
Executive Order 12372
This program is not subject to the
provisions of Executive Order 12372, which require intergovernmental
consultation with State and local officials. See 2 CFR part 415, subpart
C.
Executive Order 12988
This rule has been reviewed in
accordance with Executive Order 12988 on civil justice reform. The
provisions of this rule will not have a retroactive effect. The
provisions of this rule will preempt State and local laws to the extent
such State and local laws are inconsistent herewith.
Environmental Evaluation
This
action is not expected to have a significant economic impact on the
quality of the human environment, health, or safety. Therefore, neither
an Environmental Assessment nor an Environmental Impact Statement is
needed.