( a ) for those regulations that raise no substantial questions of law or policy , no further action needs to be taken ; and
( b ) for those regulations that raise substantial questions of law or policy , agencies should notify the OMB Director and take further appropriate action in consultation with the OMB Director .
4 . Exclude from the actions requested in paragraphs 1 through 3 any regulations subject to statutory or judicial deadlines and identify such exclusions to the OMB Director as soon as possible .
5 . Notify the OMB Director promptly of any regulations that , in your view , should be excluded from the directives in paragraphs 1 through 3 because those regulations affect critical health , safety , financial , or national security matters , or for some other reason . The OMB Director will review any such notifications and determine whether such exclusion is appropriate under the circumstances .
6 . Continue in all circumstances to comply with any applicable Executive Orders concerning regulatory management .
As used in this memorandum , " regulation " has the meaning given to " regulatory action " in section 3 ( e ) of Executive Order 12866 , and also includes any " guidance document " as defined in section 3 ( g ) thereof as it existed when Executive Order 13422 was in effect . That is , the requirements of this memorandum apply to " any substantive action by an agency ( normally published in the Federal Register ) that promulgates or is expected to lead to the promulgation of a final rule or regulation , including notices of inquiry , advance notices of proposed rulemaking , and notices of proposed rulemaking ," and also covers any agency statement of general applicability and future effect " that sets forth a policy on a statutory , regulatory , or technical issue or an interpretation of a statutory or regulatory issue ."
This regulatory review will be implemented by the OMB Director . Communications regarding any matters pertaining to this review should be addressed to the OMB Director .
The OMB Director is authorized and directed to publish this memorandum in the Federal Register .
REINCE PRIEBUS