FMC Regulatory Reform

The FMC is engaged in a voluntary effort to provide regulatory reform consistent with Executive Order 13771, Reducing Regulations and Controlling Regulatory Costs (EO 13771) and Executive Order 13777, Enforcing the Regulatory Reform Agenda. Although as an independent regulatory agency the FMC is not required to comply with the recent regulatory reform executive orders, the Commission has undertaken its regulatory reform effort in the spirit of both EO 13771 and EO 13777.

On March 13, 2017, the FMC’s Acting Chairman Michael A. Khouri designated the agency’s Managing Director, Karen V. Gregory, to serve as Regulatory Reform Officer (RRO). The RRO established a Regulatory Reform Task Force (RRTF) comprised of 5 members, including the RRO. The RRTF has met regularly to implement the process identified in EO 13777 of evaluating existing FMC regulations and making recommendations regarding their repeal, replacement, or modification.

On May 24, 2017, the RRO publicly provided a report to the Commission on the progress of regulatory reform efforts.

On May 26, 2017, the Commission solicited input from the public through a Notice of Inquiry (NOI). The NOI comment period has concluded and the RRTF is in the process of reviewing filed comments. The RRTF is also conducting a review of pending matters before the Commission, such as rulemakings and petitions, in an effort to provide regulatory reform consistent with EO 13771 and EO 13777.

The RRTF has identified a petition filed by the National Customs Brokers & Forwarders Association of America, Inc. (FMC Docket No. P2-15) and an existing rulemaking on agreement filing (FMC Docket No. 16-04) as short-term objectives by which to move forward the Commission’s regulatory reform initiative.

The RRO will recommend a regulatory agenda with proposed actions and regulatory reform. All regulatory changes will require action by the Commission, and may require rulemaking. The RRTF will continue to meet as reform efforts progress.