President Trump Asks Agencies to Freeze Regulations, Orders Agencies to Repeal Two Regulations for Every New Regulation Promulgated

In addition, on January 30, 2017, President Trump ordered executive departments and agencies to identify at least two existing regulations to be repealed for every new regulation proposed for notice and comment or otherwise promulgated (“January 30 Executive Order”).  In a guidance memorandum released February 2, 2017, the Office of Management and Budget (“OMB”) clarified, among other things, that the January 30 Executive Order does not apply to independent agencies such as FERC.

In a Presidential Memorandum issued January 20, 2017, President Trump asked the heads of executive departments and agencies, absent certain emergency situations, to (1) refrain from sending regulations to the OFR until a department or agency head appointed by President Trump has reviewed and approved the regulation; (2) withdraw regulations that have been sent to the OFR but have not yet been published in the Federal Register until a department or agency head appointed by President Trump has reviewed and approved the regulation; and (3) temporarily postpone for 60 days the effective date of regulations that have been published in the Federal Register but have not taken effect and that raise substantial questions of law or policy.

On January 27, 2017, FERC issued a release on the Presidential Memorandum, stating that Acting Chairman Cheryl LaFleur, who has been appointed Chairman by President Trump, has reviewed new or pending regulations and “now will send to the Federal Register previously voted Commission items that need to be published there.”  FERC also announced that previously set comment deadlines will remain unchanged.

In addition, on January 30, 2017, President Trump issued the January 30 Executive Order requiring an executive department or agency to identify at least two existing regulations to be repealed for every new regulation proposed for notice and comment or otherwise promulgated.  The January 30 Executive Order directs the heads of all agencies to ensure that the total incremental cost of all new regulations, including repealed regulations, to be finalized in fiscal year 2017 is no greater than zero.  On February 2, 2017, the OMB released a memorandum providing interim guidance for implementing the January 30 Executive Order.  Notably, the memorandum clarified that the January 30 Executive Order (1) does not apply to independent agencies such as FERC; (2) applies only to significant regulatory actions that have an annual effect on the economy of at least $100 million or result in other material effects as defined in Executive Order 12,866; and (3) applies only to significant regulatory actions issued between noon on January 20 and September 30, 2017.

On a different note, on January 30, 2017, FERC clarified physical access rules for visitors to its headquarters at 888 First St., N.E. in Washington, D.C.  Specifically, FERC stated that, in accordance with the REAL ID Act in 2005 (“REAL ID”), visitors seeking access to FERC and other federal facilities must present proper identification issued by REAL ID-compliant states or a state that has received an extension.  Accordingly, FERC stated that it will not accept driver’s licenses and state IDs from Maine, Minnesota, Missouri, Montana, and Washington.  Instead, FERC advised that it will only accept Transportation Security Administration-approved forms of identification, including REAL ID-compliant state driver’s licenses and IDs and United States passports.

The Presidential Memorandum is available here.  FERC’s release on the Presidential Memorandum is available here.  The January 30 Executive Order is available here.  A copy of the OMB’s memorandum is available here.  A copy of FERC’s statement on visitor access is available here.

Print: