On September 6, 2011, the SEC announced that it is seeking public comment on the process it should use to conduct retrospective reviews of its regulations to ensure that they continue to be appropriate under current market and regulatory conditions. The announcement follows a July 2011 Executive Order that requires the SEC to develop a plan within 120 days for periodically reviewing its existing regulations. The executive order requires the Commission "to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives."
The request for comment includes details about the Commission's current formal and informal regulatory review processes for assessing the continued effectiveness and utility of its rules. The release makes clear that the Commission is not seeking comment regarding the review of particular rules, but rather the process it uses to identify regulations that may need to be changed. In addition to its general request for comments, the SEC's request for information listed specific areas for comment, including:
- What factors should the SEC consider in selecting and prioritizing rules for review?
- How often should the SEC review existing rules?
- How should the SEC improve public outreach and increase public participation in the rulemaking process?
Comments are due on October 6, 2011.