April 27, 2016

Big News: Small UAS [Drone] Rule at OIRA for Final Review

From: Lexology

Matthew J. Clark and Lisa Ellman |Hogan Lovells

April 22, 2016

The U.S. Department of Commerce Requests Public Comment on Fostering the Advancement of the Internet of Things

From: Notice & Comment, A blog by the Yale Journal on Regulation  and the ABA Section of Administrative Law & Regulatory Practice

by Jeff Weiss

On April 6, 2016, a Request for Comment on “The Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things” was published in the Federal Register. As noted in the preamble to the Notice, which was initiated by the National Telecommunications and Information Administration of the U.S. Department of Commerce:

April 21, 2016

Is the FCC Inviting the World’s Cyber Criminals into America’s Living Rooms?

From: Federal Communications Commissions MB Docket No. 16-42

In October 2012, the Chairman and Ranking Member of the House Intelligence Committee issued a joint statement warning American companies that were doing business with the large Chinese telecommunications companies Huawei and ZTE to “use another vendor.”

The bipartisan statement cited the Intelligence Committee’s Report that

“highlights the interconnectivity of U.S. critical infrastructure systems and warns of the heightened threat of cyber espionage and predatory disruption or destruction of U.S. networks if telecommunications networks are built by companies with known ties to the Chinese state, a country known to aggressively steal valuable trade secrets and other sensitive data from American companies.”

April 18, 2016

DOT further delays speed limiter, drug/alcohol clearinghouse rules

From: Overdrive

The projected publication dates of two looming trucking regulations have been delayed again, according to the Department of Transportation’s monthly regulatory update. The delayed rules include a proposal to require speed limiters and one to develop a database of truckers who have failed a drug or alcohol test.

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April 12, 2016

APHIS Seeks Anti-Soring Rule Change

From: The Horse

By Pat Raia

The USDA Animal and Plant Health Inspection Service (APHIS) has developed a new rule intended to strengthen the Horse Protection Act (HPA), which prohibits soring (the deliberate injury to a horses’ feet and legs to achieve an exaggerated, high-stepping gait) and places USDA-APHIS in charge of enforcing the law.

Tanya Espinoza, APHIS spokeswoman, declined to reveal the specific language of the proposed rule because it remains under study by the Office of Management and Budget (OMB, which reviews the procedures of federal agencies to see if they comply with presidential policy). She did say the proposed rule would make certain changes to existing HPA regulations with the aim of decreasing the rate of noncompliance, and would allow the agency to focus investigative resources on other important cases.

April 8, 2016

Obama Readies Flurry of Regulations

From: The Wall Street Journal

Burst of rule-making comes in an election season that has already been tough on corporate interests

By Nick Timiraos

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Planned moves—across labor, health, finance and the environment—range from overtime pay for white-collar workers to more obscure matters such as requiring food makers to disclose added sugar on cartons of flavored milk.

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In his first seven years, Mr. Obama issued 392 regulations deemed “major,” meaning each carries an expected economic effect exceeding $100 million annually. Forty-seven more sat on the drawing board for this year. The tally issued already tops the totals during the eight-year tenures of George W. Bush, at 358, and Bill Clinton, at 361, according to an analysis by George Washington University’s Regulatory Studies Center.

April 6, 2016

U.S. & Canadian Businesses: Removing Wood Pallet Exemption Would Undermine Trade and Commercial Opportunities

From: Shopfloor | National Association of Manufacturers

By Ryan Ong

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The NAM on Friday joined 37 other organizations on both sides of the U.S.-Canada border in a letter urging the United States Department of Agriculture (USDA) and the White House Office of Information and Regulatory Affairs (OIRA) to halt efforts to impose these new rules. Our collective organizations represent companies that supporting millions of jobs and hundreds of millions of dollars in economic activity – working for industries in nearly every area of bilateral trade, from aerospace to retail, from autos to food and beverages, and from heavy equipment to cosmetics.

March 31, 2016

OMB receives EPA final draft formaldehyde regulation

From: Woodworking Network

By Karl D. Forth

In what marks a major step forward, the U.S. Office of Information and Regulatory Affairs (OIRA) at the Office of Management (OMB) announced yesterday it received EPA’s revised draft formaldehyde emissions regulation for final review.

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During its review period, OMB will meet with key stakeholders for input that may inform any final comments back to EPA. CPA will request a meeting to reinforce industry’s position on points raised during the comment period.  CPA will also work closely with allied associations to coordinate key messages.

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March 18, 2016

EPA Wasn’t Available To Defend Its Own Weird Regulations On Race Cars

From: Black Flag

Stef Schrader

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A few weeks ago, the Specialty Equipment Marketing Association (an aftermarket trade group most often abbreviated as SEMA) kicked off this whole debate after noticing several changes in the Clean Air Act. The regulations—which didn’t even seem entirely clear to the EPA—sought to clarify that road cars converted into race cars still had to adhere to their original road-car emissions standards.

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Ouch. He has a point, though. If you’re arguing for additional restrictions on an entire industry, you better be able to back the point of doing so up with facts and data. Otherwise, everything you say will be ripped apart by industry representatives and lobbyists.

March 17, 2016

Agencies Convene Second Meeting On Modernizing Regulatory System For Biotechnology Products

From: The National Law Review

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