Revocation of Certain Executive Orders Concerning Regulatory Planning and Review

This executive order revokes two Bush-era executive orders (13258 and 13422) that had amended the regulatory review process established under Executive Order 12866. It directs OMB and agency heads to promptly rescind implementing rules and policies tied to the revoked orders. The action restores the pre-2002 framework for regulatory planning and review.

Federal Register Open PDF 74 FR 6113

Impact dates

Jan 30, 2009
Prompt rescission of implementing orders, rules, regulations, guidelines, or policies

Key directives

Revoke EO 13258 (2002) and EO 13422 (2007)
OMB and agency heads shall promptly rescind orders, rules, regulations, guidelines, or policies implementing or enforcing the revoked EOs
Rescission limited to extent consistent with law

Who is ordered

Timeline

Immediate

Revocation of EO 13258 and EO 13422 takes effect
Agencies must begin rescinding implementing orders/rules/policies

Near term (90d)

Completion of rescission of implementing guidelines and policies

Long term

Return to pre-2002 regulatory review framework under EO 12866
Potential shift in regulatory cost-benefit analysis requirements

Risks & tensions

Vague 'promptly' deadline creates compliance uncertainty; no fixed calendar date for rescission
Potential legal ambiguity if rescission of rules conflicts with statutory mandates (Sec. 2 'consistent with law' qualifier)
Restores centralized OMB review under EO 12866 but without the more expansive Bush-era requirements—directional signal on regulatory philosophy