Improving Coordination of Related Agency Responsibilities

The recent joint rulemaking between EPA and NHTSA on greenhouse gas emissions/auto fuel economy has shown the potential for joint rulemaking among agencies with overlapping regulatory responsibilities. But it has also produced logistical and legal challenges. Joint rulemaking is one of many tools that Congress, the President and the agencies have to manage regulatory coordination effectively. See, for example, memoranda of understanding, interagency working groups, consultation requirements, etc. This project is studying agency experience with joint rulemaking and other mechanisms for collaboration and coordination in areas of overlapping and fragmented delegations of agency responsibilities.  To make clear that the scope of the project is not limited to areas of redundancy or literal duplication of authority, the term “shared regulatory space” has been used in the report to the Conference.  This term encompasses situations in which agencies share closely related responsibilities for different aspects of a larger regulatory, programmatic or management enterprise.  The aim of the project is to identify lessons learned and best practices for collaboration and coordination among regulatory agencies.