July 26, 2017

Administration Reduces Federal Regulations

From: Aviation News Today

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The DOT list includes a rulemaking that “would have required certificated airports to complete a wildlife hazard assessment (WHA) and a wildlife hazard management plan (WHMP) to identify and mitigate wildlife hazards.” The FAA had previously determined that a separate rulemaking involving Safety Management Systems “should accomplish the same goal.”

AAAE and ACI-NA have been working together to urge the Administration to reduce red tape and eliminate unnecessary federal regulations that hamper airports around the country. Earlier this year, the two organizations shared a long list of specific airport regulatory relief proposals with White House officials.

July 24, 2017

FDA To Cease Work On Certain Tobacco, Advertising, Food Safety Rules

From: Inside Health Policy

David Lim

FDA is stopping work on several key rules including those regulating compounding, direct-to-consumer prescription drug advertising, child-focused tobacco sales, dietary supplement manufacturing practices and food safety testing, according to a list published Friday (July 21) by the White House Office of Management and Budget. The newly released inactive list of the Unified Agenda is the Trump administration’s first time identifying rules that federal agencies are not actively working to release.

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July 7, 2017

More Visas for Seasonal Workers in Pipeline, DHS Says

From: Bloomberg/BNA

By Laura D. Francis

The Department of Homeland Security is going forward with its plan to increase the number of low-skilled, seasonal visas available in fiscal year 2017.

The agency July 3 submitted a final rule for review by the White House’s Office of Management and Budget. The DHS is exercising the authority granted by Congress to increase the number of H-2B visas available this fiscal year, up to the total amount issued during prior years when the annual cap was temporarily raised, the proposed rule says.

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June 28, 2017

DOL Sends OT Request for Information to White House for Review

From: JDSupra

Alexander Passantino | Seyfarth Shaw LLP

Yesterday, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of the RFI by OIRA is one of the final steps before publication in the Federal Register.

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June 21, 2017

OIRA works quietly on updating social cost of carbon

From: E & E News

Hannah Hess, E&E News reporter

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The Office of Information and Regulatory Affairs’ Jim Laity, a career staffer who leads the Natural Resources and Environment Branch, said yesterday his office is “actively working on thinking about the guidance” Trump gave in March.

With the Trump agenda focused on regulatory rollback, federal agencies haven’t yet issued rules that require valuations of carbon emissions, “although they are working on something coming in the not-too-distant future,” Laity told an audience attending the National Academy of Sciences’ seminar on valuing climate change impacts.

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June 20, 2017

Trump’s Clean Power Plan replacement now at OMB

From: UtilityDIVE

Dive Brief:

  • President’s Trump’s replacement for the Clean Power Plan is now being reviewed by the Office of Management and Budget, a necessary step before it can be released for public comment.
  • The Hill reports the form of Trump’s plan remains unknown, but it is expected to include a complete rollback of the Obama-era power plant rules.
  • OMB typically takes about two months to review a rule, but can take additional time.

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June 19, 2017

New EPA Rule Not Compliant With Trump Regulatory Order

From: Daily Report for Executives

By Cheryl Bolen

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The rule in question is EPA’s final rule on Effluent Limitations Guidelines and Standards for the Dental Category, which sets new standards to reduce discharges of mercury from dental offices into municipal sewage treatment plants.

However, the rule doesn’t appear to comply with Executive Order 13771 on Reducing Regulation and Controlling Regulatory Costs, which requires that any significant regulation issued after noon on Jan. 20 include two deregulatory actions and be completely offset.

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June 9, 2017

Trump’s proposed climate rule reconsideration nears public release

From: The Hill

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The White House’s Office of Management and Budget said early Friday that it received the proposed “review” of the rule Thursday from the EPA.

OMB review is the final step before the EPA can release the proposal publicly and start the required process of accepting public comments.

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Entrepreneur Work Rule in Limbo Amid New Trump Review

From: Bloomberg Law/BNA

By Michaela Ross

An Obama-era rule that would make it easier for foreign-born entrepreneurs to launch U.S. startups may be delayed after the Trump administration ordered a fresh review weeks before the rule was slated to take effect.

The Homeland Security Department quietly sent the rule back to the Office of Management and Budget last month, possibly stalling it. Immigration lawyers, venture capitalists and startup founders are unsure about the fate of regulations that some entrepreneurs were counting on to launch their businesses in the U.S. this summer. The rule was set to take effect July 17, but questions have been raised about whether the new review may be the Trump administration’s first step toward killing it.

June 6, 2017

Blockchain Technology Regulations: Harnessing Potential Means Enabling, not Restricting

Editor’s Note: Cross-posted from Regulatory Cybersecurity/FISMA Focus.

From: Notice & Comment |  A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Nina Gunther Kilbride

As new uses of blockchain technology become more varied and appealing, the issue of appropriate regulatory structure is a common legal theme.

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Regulations for harnessing infinite digital potential.

As to new rules, a light touch should guide regulator action. The guidance of legal history is instructive in this regard, particularly for lawyers trained in U.S. common and commercial law systems. Blockchain technology will enable commercial systems to harness the productive potential of digital territory similarly to how railroads and highways allowed the U.S. to harness the productive resources of American lands and people.