All final rules may be judicially reviewed technical

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petitions for reconsideration after final rules have been issued. All final rules may be judicially reviewed. Technical regulations and SPS measures issued by agencies as final rules are subject to Congressional review under the Congressional Review Act (CRA). 101 3. In addition to enabling legislation, various other requirements govern the development and issuance of technical regulations and SPS measures by the Federal Government. These include other statutes and Presidential Executive Orders that impose procedural requirements intended to ensure reasoned and fair decision-making. Agencies may adopt technical and SPS regulations only after thoroughly analysing their potential impact, typically by means of an assessment and comparison of either the benefits and costs or the cost-effectiveness of alternative regulatory approaches or levels of stringency. The Office of Management and Budget (OMB) oversees and coordinates agency activity concerning technical and SPS regulations, and reviews draft regulations and makes recommendations under Presidential Executive Order 12866. 102 4. Technical regulations or SPS measures that are classified as "major rules" are those found by the OMB to result in an "annual effect on the economy of US$100 million or more or that adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities". 103 In October 2003, the implementing rules pursuant to the Bioterrorism Act (see below) were issued as "major rules". 99 United States Code, Title 5, Section 551 et seq. (5USC551), available online at: http://frwebgate 6.access.gpo.gov/cgibin/waisgate.cgi?WAISdocID=376846390574+0+0+0&WAISaction =retrieve. 100 See USTR (2002b). 101 United States Code, Title 5, Section 801 et seq. (5USC801). 102 For more information see OMB online information. Available at: http://www.whitehouse. gov/omb/i nforeg/ regpol.html#gi. 103 See the Congressional Review Act at 5USC801.
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WT/TPR/S/126 Trade Policy Review Page 61 5. In developing technical regulations or SPS measures, federal agencies are also required to take into consideration relevant international standards and, if appropriate, base their regulations on those international standards. Title IV of the Trade Agreements Act of 1979 as amended (see below) expressly provides that the reasons for which it may not be appropriate to base a U.S. technical regulation on an international standard include, but are not limited to, the protection of human health or safety, animal or plant life or health, or the environment. 104 6. All technical regulations and SPS measures are published in the Federal Register , and codified in the Code of Federal Regulations. 105 In addition, the OMB publishes the Unified Agenda of Federal Regulatory and Deregulatory Actions in the Federal Register each April and October. 106 This publication contains a brief description of and schedule for each new rule that each agency is likely to issue in the subsequent twelve months. The National Institute of Standards and Technology (NIST),
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