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September 17, 2003
M-03-21
MEMORANDUM FOR THE
HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
| FROM: |
Joshua
B. Bolten
Director |
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| SUBJECT: |
OMB
Circular No. A-4, "Regulatory Analysis" |
This memorandum is intended
to bring to your attention a new OMB Circular. Circular
A-4, "Regulatory Analysis," provides guidance to Federal agencies
on the development of regulatory analysis as required under Section 6(a)(3)(c)
of Executive Order 12866, "Regulatory Planning and Review," and
a variety of related authorities. The Circular also provides guidance to
agencies on the regulatory accounting statement that are required under
the Regulatory Right-to-Know Act.
This Circular refines OMB's "best practices" document of 1996
(http:/www.whitehouse.gov/omb/inforeg/riaguide.html),
which was issued as a guidance in 2000 (/omb/memoranda/m00-08.pdf),
and reaffirmed in 2001 (http:/www.whitehouse.gov/omb/memoranda/m0l-23.html).
A draft of this Circular was developed by OMB and the Council of Economic
Advisors (CEA). The draft was subject to public comment, external peer review,
and interagency review. The new Circular can be accessed through the OMB
website (/omb/circulars/index.html).
This Circular applies to the regulatory analyses for draft proposed rules
that are formally submitted to the Office of Information and Regulatory
Affairs (OIRA) after December 31, 2003, and for draft final rules that are
formally submitted to OIRA after December 31, 2004. (However, if the draft
proposed rule is subject to the Circular, then the draft final rule will
also be subject to the Circular, even if it is submitted prior to January 1,
2005.) To the extent practicable, agencies should comply earlier than
these effective dates. Agencies may, on a case-by-case basis, seek a waiver
from OMB if the effective dates are impractical.
If you have any questions about this Circular or its application, please
contact Office of Information and Regulatory Affairs at 202/395-3084.
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