October 11, 2016

More regs: What to expect, when, why

From: Fleet Owner

New highway bill calls for 20 FMCSA rulemakings; here’s what coming


And the federal rulemaking process—notices of proposed rules, cost-benefit calculations, public comment periods, extensive reviews—are there to protect the public from “over-zealous” regulation. In short, “there shouldn’t be any surprise” when a new rule is developed, he emphasized.


And the number and scope of the new and pending rules might prompt truckers to wonder just how successful those protections from over-zealous federal regulators truly are, and instead to side with ATA President and CEO Chris Spear who earlier in the annual meeting faulted regulators who “issue mandates as if they were mere parking tickets.”

October 5, 2016

Power & energy efficiency handbook: Energy efficient doesn’t mean cost efficient

From: Design World

Energy efficient doesn’t mean cost efficient


I recalled this incident when reviewing a recent report on whether energy efficiency regulations put in place by the Dept. of Energy are worth what they cost. DOE efficiency regulations now apply to everything from refrigerators and water heaters to lamp ballasts and electric motors. The Office of Information and Regulatory Affairs (OIRA) says these mandates have posed the third-highest cost burden on U.S. citizens from 2002 to 2012 of any regulatory agency, behind only those from the DoT and EPA.


September 29, 2016

51 U.S. House Members Urge DEA & OMB To Delay “Hasty” Ban On Natural Herbal Supplement Kratom

From: Science Codex


The letters from U.S. House Members asks Shaun Donovan, director of OMB, and Charles P. Rosenberg, acting director of the DEA, to delay a final decision on the placement of kratom on Schedule I, provide ample time for public comment on this significant decision, and resolve any inconsistencies with other federal agencies regarding the use of kratom.


September 27, 2016

Changes to Chemical Law Causing Heartburn; Long Road Ahead

From: Bloomberg/BNA

By Pat Rizzuto

Chemical manufacturers are getting heartburn with the ways the Environmental Protection Agency is handling the new chemicals in commerce provisions of the amended chemicals law, according to attorneys who spoke with Bloomberg BNA.


Transition Ahead

Cleland-Hamnett said the agency wants to finish crafting its regulatory proposals, so that the team the next administration brings in can read public comments and issue final rules, she said.

Read Complete Article

September 19, 2016

EPA, FDA, and USDA Release Updates to Coordinated Framework on Biotechnology

From: The National Law Review

Lynn L. Bergeson

On September 16, 2016, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA), in collaboration with the White House, released two documents that will update the Coordinated Framework for the Regulation of Biotechnology (Coordinated Framework) that was first rolled out by the White House Office of Science and Technology Policy (OSTP) in 1986 and updated in 1992.  The White House states that this is “an important step to ensure public confidence in the regulatory system for biotechnology products and to improve the transparency, predictability, coordination, and, ultimately, efficiency of that system.”  The documents released are:

September 16, 2016

White House Launches EPA Vapor Intrusion Rule Review

From: Bloomberg/BNA

An EPA final rule to add vapor intrusion to superfund listing criteria now is under review at the White House Office of Management and Budget.

The rule would give the EPA authority to consider vapor intrusion, the process of volatile compounds migrating through subsurface groundwater or soil to air in aboveground structures, when determining whether to add a contaminated site to the superfund program’s National Priorities List.

Read Complete Article


September 13, 2016

CRE Information Request to DEA

Editor’s Note: The post below, cross-posted from CRE’s Regulatory Pacesetters forum, established an Interactive Public Docket on DEA’s August 31st Federal Register notice starting a 30 day process to list kratom as a schedule I narcotic. CRE has, so far, received over 400 comments on the DEA’s proposal. The kratom comments are available here.

From: Regulatory Pacesetters

Note  2nd CRE  Letter to the Department of Justice at  cre-dea-kratom-1

See Kratom Policy Forum in link to the right of this post

August 24, 2016

Rule to boost EHR oversight gets White House review

From: McKnight’s

A proposed rule that would grant federal officials more oversight of complaints and safety issues related to electronic health records moved one step closer to finalization last week.

The rule, first proposed in March, was received by the White House Office of Management and Budget on Thursday, according to its regulatory review page.

Read Complete Article

August 18, 2016

Is the FCC Sacrificing America’s Minority Content Creators Along with Cybersecurity and Privacy?

Editor’s Note: For more information of the personal privacy and cyber security risks inherent in the FCC’s set-top box proposal to unlock cable company data streams, see CRE’s comments to the docket here. For more information on the proposed rule’s threats to intellectual property, see Is the FCC Undermining the Rule of Law?

From: Free State Foundation


August 11, 2016

Money laundering rule on prepaid cards stalled after industry pushback

From: Reuters

In 2011, amid a crackdown on international money laundering, the U.S. Treasury Department tried to close a loophole that authorities said allows drug cartels to move bulk cash across borders on gift and other prepaid cards.


Meetings between OMB and parties with a stake in proposed regulations are common, and it often takes years for an agency to complete the review of proposed regulations. But it is unusual for agencies to withdraw rules once they are proposed. Over the past decade, less than 6 percent of draft regulations were withdrawn by the agency that proposed them, according to OMB statistics.