Subject: FYI: Current OMB Position on regulatory review

M-09-13
MEMORANDUM FOR THE HEADS AND ACTING HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM: Peter R. Orszag
Director
SUBJECT: Guidance for Regulatory Review
The purpose of this memorandum is to clarify the current status of OMB review of agency actions, including guidance documents. On January 30, 2009, the President issued Executive Order 13497, revoking the previous Administration’s amendments to Executive Order 12866, which governs centralized review of significant agency actions by OMB’s Office of Information and Regulatory Affairs (OIRA). Revocation of these amendments restored the regulatory review process to what it had been under Executive Order 12866 between 1993 and 2007. During this period, OIRA reviewed all significant proposed or final agency actions, including significant policy and guidance documents. Such agency actions and documents remain subject to OIRA’s review under Executive Order 12866.

http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-13.pdf