The Federal Rulemaking Process: Setting an Example for the World

Editor’s Note: Complaints about the American regulatory system make it easy to forget that our process sets an example for the world.; this is a trust that all participants in the regulatory process should strive to uphold.

From: Leadership — Nigeria’s Most Influential Newspaper

The Rulemaking Process

The reason for this article is to clearly educate the Nigerian Civil Aviation Authority (NCAA) or the yet to be implemented merger called Federal Civil Aviation Authority (FCAA) on how rulemaking is processed in a rational country like the USA.

Retrospective Review: Do Agencies’ Proposals Measure Up?

From: George Washington University/Regulatory Studes Center–Regulatory Commentary

Sofie E. Miller, Policy Analyst

As part of our continuing focus on retrospective review of regulations, the GW Regulatory Studies Center is commencing a new initiative, the Retrospective Review Comment Project. Through this project, we will examine significant proposed regulations to assess whether they include plans for conducting retrospective review, and submit comments to provide suggestions on how best to incorporate plans for retrospective review when new regulations are issued. Our first retrospective review comment is on the National Labor Relations Board’s Representation Case Procedures proposal.

Analyzing the Job Impacts of Regulation

From: RegBlog/Penn Program on Regulation

Competing and extreme claims about the relationship between regulation and jobs pervade political debate in Washington, D.C.  Some politicians claim that regulations kill significant numbers of jobs by increasing the cost of production, while others claim that regulations create jobs by creating new products and new opportunities for investment.  Ultimately this heated debate provides little insight into what is, at root, an important empirical question in an era of bleak economic conditions: Do regulations actually kill jobs?

(UK) HM Treasury Guidance on Appraisal of Government Programs

Editor’s Note: CRE in engaged in a long-term project analyzing the centralized regulatory review function in Brazil and the UK. As part of this project, CRE highlights HM Treasury’s just-released binding guidance document, The Green Book: Appraisal and Evaluation in Central Government along with its associated business model guidance and templates and its supplementary guidance for specialized purposes, such as assert valuation, discounting and risk. Below is HM Treasury’s overview of The Green Book followed by a brief excerpt from its Preface.

From: HM Treasury

GAO Spotlights MSHA’s Data Selection Decision

Editor’s Note: The GAO Mine Safety Report GAO-14-345, “Basis for Proposed Exposure Limit on Respirable Coal Mine Dust and Possible Approaches for Lowering Dust Levels,” found here, assesses MSHA’s decision to “not use NIOSH’s surveillance data as the basis for its proposed new coal mine dust limit…” and instead base their proposal on other available data. GAO’s assessment of the agency’s data selection decision indicates that their auditing standards are consistent with OIRA’s government-wide data quality requirements.

Below is are two excerpts from the GAO report.

Measuring the Impact of Public Comments

Editor’s Note: Analyses seeking to understand the effect of public comments need to analyze the substance of the comments submitted.

From: George Washington University/Regulatory Studies Center

Steven J. Balla

For decades, a central question in rulemaking has been the extent to which public comments on proposed rules affect the substance of agency regulations. On the one hand, the notice and comment process has been likened to Kabuki theater. On the other hand, researchers have discovered that, under certain circumstances, comments can have substantial effects on final rules.

Behavioural economics and public policy

From: Financial Times

By Tim Harford

The past decade has been a triumph for behavioural economics, the fashionable cross-breed of psychology and economics. First there was the award in 2002 of the Nobel Memorial Prize in economics to a psychologist, Daniel Kahneman – the man who did as much as anything to create the field of behavioural economics. Bestselling books were launched, most notably by Kahneman himself (Thinking, Fast and Slow , 2011) and by his friend Richard Thaler, co-author of Nudge (2008). Behavioural economics seems far sexier than the ordinary sort, too: when last year’s Nobel was shared three ways, it was the behavioural economist Robert Shiller who grabbed all the headlines.

Business Roundtable: Statement for the Record on Improving the Regulatory Framework

From: Business Rountable

Business Roundtable, an association of chief executive officers who lead companies that operate in every sector of the U.S. economy, appreciates the opportunity to submit this statement for consideration by the Subcommittee on the Efficiency and Effectiveness of Federal Programs and the Federal Workforce. Our statement makes the case for a smarter regulatory system and a streamlined federal permitting process.

Nearly three-quarters of Business Roundtable CEOs list regulations as one of the top three cost pressures facing their businesses. Roundtable CEOs believe that a smarter regulatory system and a more streamlined federal permitting process will help drive increased business investment, economic growth and job creation.

Week in Regulation

From: American Action Forum

By Sam Batkins

Regulators were busy this week with 20 notable regulations. Combined, they could impose $312 million in costs and more than 359,000 paperwork burden hours. In addition, the Office of Information and Regulatory Affairs (OIRA) withdrew two energy conservation standards (reflector lamps and manufactured housing) that had been under review for more than two years.

Regulatory Toplines

  • New Proposed Rules: 51
  • New Final Rules: 67
  • 2014 Significant Documents: 109
  • 2014 Total Pages of Regulation: 14,608
  • 2014 Proposed Rules: $7.3 Billion
  • 2014 Final Rules: $5.9 Billion

Surprise rollback: 500 regulations on chopping block, savings could top $12b

From: Washington Examiner

Hundreds of new federal rules and regulations and those on the books for years are now under review and may be junked under a “look-back” program President Obama created to offer businesses relief from costly and burdensome rules that just don’t work.

Office of Management and Budget Director Sylvia Mathews Burwell said that more than 500 regulations are being reviewed and reconsidered. She said the program is “something that has never happened before, which is called ‘regulatory look-back,’ e.g. what can you undo versus what can you add.”