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Comments to HHS on Proposed Repeal of the SUNSET Rule

We submitted comments to the Department of Health and Human Services (HHS) supporting its proposed repeal of the SUNSET Rule, which retrospectively and prospectively established an "expiration date" for thousands of HHS regulations. Under the rule, each affected regulation would be automatically rescinded unless the Department first completed a retrospective review of the regulation's effects on small entities pursuant to the Regulatory Flexibility Act. We explain why the SUNSET Rule is arbitrary and capricious, echoing our earlier comments, and and propose ways that HHS can strengthen its justification for repealing the rule.