Additionally, the Administration has avoided publishing a list of unfunded mandates on states and the private sector by issuing a 'bulletin' rather than a proposed rule, and has also avoided publishing a list of regulatory alternatives.
The analysis also discusses the regulatory alternatives FDA considered in drafting the proposed rule.
In accordance with the provisions of the executive order, FDA assessed the costs and benefits of regulatory alternatives and appears to have selected the approach that maximizes net benefits while still meeting agency objectives.
The second will require federal bureaucrats to assess the costs and benefits of regulatory alternatives - instead of ignoring them - and then adopt the less expensive alternative to achieve the regulatory objective unless there are public health, safety, or welfare concerns.
Since HCFA did not discuss regulatory alternatives in the earlier analysis, it did not describe the reasons for its approach in the final analysis.
The FDA rejected the regulatory alternative of a total ban on all tobacco advertising.
The assessment of various regulatory alternatives to solve financial market regulatory problems requires governments and regulators to make appropriate policy choices not only in a reasoned and cost-effective way, but with regard to issues of fairness.
The Regulatory Accountability Act requires agencies to assess the costs and benefits of regulatory alternatives and, in most cases, to adopt the least-costly alternative to achieve the regulatory objectives of Congress.
Section 205 of the Act requires agencies to identify and consider a reasonable number of regulatory alternatives and to adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule.
The rule also appears subject to section 205 of the Act, relating to consideration of regulatory alternatives.