July 20, 2016

The next GMO-labeling battleground: USDA

Editor’s Note: All labeling proposals are subject to the Paperwork Reduction Act and Data Quality Act.

From: Politico

Over the next two years, the Department of Agriculture will be the new battleground in the GMO-labeling war as it implements the nationwide labeling requirements. Every organization from the Grocery Manufacturers Association to the Environmental Working Group is now homing its sights on the department, looking to influence its decisions on what the symbol on the package denoting GMO ingredients should look like, the amount of genetically engineered contents a product must contain to trigger that and other labeling, and other related regulations.

June 28, 2016

The Declaration of War against Offshore Drilling in the US

From: MarketWatch

WASHINGTON, June 28, 2016 /PRNewswire-USNewswire/ — The Center for Regulatory Effectiveness states that environmental organizations have been successful in terminating offshore drilling in the Arctic and the Atlantic.

Now their strategy to terminate drilling in the Gulf of Mexico has been exposed and called to the attention of Administration officials, http://www.thecre.com/emerging/enforcement.html.

In that the Gulf of Mexico supplies some seventeen percent of the total US crude production it behooves interested stakeholders to participate in the resolution of this issue; in particular those residents in the Gulf states whose livelihood is dependent upon the continuance of an industry which has been in operation for decades.

June 22, 2016

FDA Withdraws Biosimilars Information Collection Request from OIRA

From: Regulatory Affairs Professional Society

FDA Withdraws Document Calling on Biosimilar Developers to Submit 10 Random Suffixes

By Zachary Brennan

The US Food and Drug Administration (FDA) on Tuesday withdrew a document submitted to the Office of Management and Budget (OMB) that offered new details on how biosimilar developers would submit an ordered list of 10 random suffixes as part of the naming process for biologics and biosimilars.


Other comments on the draft guidance, according to the document submitted to OMB, suggested a higher burden related to coming up with the proposed non-proprietary names so FDA revised its “estimate upward to account for burden associated with creating and submitting up to 10 proposed suffixes for designation.”

June 21, 2016

The Regulatory State Out of Control: Europe’s robots to become ‘electronic persons’ under draft plan

From: Reuters

Europe’s growing army of robot workers could be classed as “electronic persons” and their owners liable to paying social security for them if the European Union adopts a draft plan to address the realities of a new industrial revolution.


Their growing intelligence, pervasiveness and autonomy requires rethinking everything from taxation to legal liability, a draft European Parliament motion, dated May 31, suggests.

Read Complete Article

June 9, 2016

Public Comments Split on Federal Rules for Autonomous Vehicles

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

From: hybridCARS

by Jon LeSage

As the federal government finalizes its guidelines for autonomous vehicles, it is receiving conflicting public comments from automakers and other interested parties.


The National Highway Traffic Safety Administration (NHTSA) has received more than 60 public comments and documents. The commentary phase has included two public sessions in Washington, D.C. and San Francisco in April. The public comment period finished at the end of May.

Read Complete Article

June 1, 2016

White House scrapped FDA plan to restrict flavored e-cigarettes

Editor’s Note: Regulatory restrictions on e-cigarettes are already triggering a black market, see here.

From: Reuters


A White House office deleted language in a recently introduced tobacco regulation that would have removed flavored e-cigarettes from the market until they had been authorized by the Food and Drug Administration, an edited version of the document shows.


In its originally submitted rule, the FDA said it recognized that numerous flavored products would come off the market within 180 days of the rule’s publication “and that this will significantly impact the availability of flavored tobacco products at least in the short term.”

May 31, 2016

AGs Tell EPA to Halt Aid to States Planning Clean Power Plan Compliance

From: Power Magazine

Sonal Patel

The Environmental Protection Agency (EPA) must halt its drive to help states supportive of the Clean Power Plan to comply with the rule because it defies the Supreme Court stay, the attorneys general for West Virginia and Texas have urged the agency.


Morrisey and Paxton specifically urged the EPA to cease action on the Clean Energy Incentive Program (CEIP)—a voluntary program for states to incentivize renewable and energy efficient projects—and non-final model carbon trading rules. The agency in late April sent proposed details of the CEIP to the White House Office of Management and Budget (OMB) for review. Congressional Republicans are also grilling the agency on the legal basis for proceeding with the regulatory proposal to implement the CEIP.

May 27, 2016

ABA challenges CFPB use of generic clearance for overdraft research

From: Ballard Spahr

The American Bankers Association has sent a comment letter to the CFPB challenging the Bureau’s use of the generic clearance process to conduct research in connection with its overdraft rulemaking.  The letter was submitted in response to the CFPB’s request for approval from the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) of an existing generic clearance “to collect quantitative data on effective strategies and consumer experiences….” (Qualitative Consumer Education Generic Clearance).

May 23, 2016

EPA Looks to Propose Pollinator Rule Before Obama Term Ends

Via: KTIC Radio

BY DTN/Progressive Farmer

New regulations that would require pesticide makers to begin submitting more data to the Environmental Protection Agency (EPA) on how their products affect pollinators are set to be proposed before President Barack Obama leaves office.


EPA plans to formally propose the rule in January, according to the Office of Information and Regulatory Affairs (OIRA) May 18 regulatory agenda update.

Read Complete Article

May 13, 2016

Plaintiffs’ Bar Plans Outreach on Overtime Changes

From: BNA/Daily Labor Report

By Ben Penn


Uptick in Litigation?

At a certain point, attorneys will switch their focus from outreach to enforcement, but the exact timing is up for debate.

For starters, the number of days between the rule’s publication and effective date is not known. The DOL must provide a minimum of 60 days by law, but OMB officials have been querying stakeholders at recent meetings about the amount of time it would take a company to comply. This has led to speculation that a lengthier period of time could be under consideration.