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DHS Seeks Input on Possible Modification of Customs, Trade, Other Regulations

Wednesday, February 26, 2014
Sandler, Travis & Rosenberg Trade Report

The Department of Homeland Security is requesting public input by March 28 on specific existing significant regulations, including customs and international trade rules, that it should consider as candidates for modification, streamlining, expansion or repeal. This request is part of the department’s tri-annual retrospective review of its regulations to ensure that they contain necessary, properly tailored and up-to-date requirements that effectively achieve regulatory objectives without imposing unwarranted costs.

DHS states that it will afford significantly greater weight to feedback that identifies specific regulations, includes actionable data or provides viable alternativesthat meet statutory obligations and regulatory objectives. For example, commenters should provide specific data that document the costs, burdens and benefits of existing requirements, and DHS is therefore encouraging the public to emphasize those rules that have been in effect for a sufficient amount of time to warrant a fair evaluation. The department notes that comments that rehash debates over recently issued rules will be less useful.

Issues on which DHS is seeking comments include the following.

- regulations that make no sense or have become unnecessary, ineffective or ill-advised

- regulations that have become outdated and ways to modernize them to better accomplish their regulatory objectives

- regulations that can simply be repealed without impairing the department’s regulatory programs

- regulations that are still necessary but have not operated as well as expected such that a modified, stronger or slightly different approach is justified

- regulations that are unnecessarily complicated or could be streamlined to achieve regulatory objectives in more efficient ways

- regulations that have been overtaken by technological developments and whether new technologies can be leveraged to modify, streamline or do away with existing regulatory requirements

- regulations that are not tailored to impose the least burden on society

- regulations that create difficulty because of duplication, overlap or inconsistency

- regulations that are working well that can be expanded or used as a model to fill gaps in other DHS regulatory programs

- how to best obtain and consider accurate, objective information and data about the costs, burdens and benefits of existing regulations

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