June 4, 2015

Encouraging signs on new rules for nonprofit political activity

From: The Hill

By Lisa Gilbert, contributor, and Greg Colvin

Nonprofits of many stripes have spent time reading the tea leaves in the year-plus that the Treasury Department and the IRS have been revising a rule that will guide them in conducting political activity. At last, they may have something solid to rely on.

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May 29, 2015

13 new cities to see locality pay increase in January

From: FederalNewsRadio.com 1500AM

By Michael O’Connell 

Locality pay will increase at 13 new cities next January, Beth Cobert, deputy director of the Office of Management and Budget, told members of a federal employee union Friday.

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The Office of Personnel Management submitted its rulemaking proposal on May 5, to the Office of Information and Regulatory Affairs, according to an OMB official. OIRA will soon publish the proposed rulemaking in the Federal Register to solicit public comment.

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May 28, 2015

EPA revises its regulatory agenda, a flurry of activity expected in the next few months

From: Lexology

Alexander J. Bandza | Jenner & Block

Last week, the EPA-specific listing on the website of the Office of Information and Regulatory Affairs was updated with timelines on the EPA’s regulatory efforts.   Of potential interest, in chronological order of expected release, are the following rules:

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May 27, 2015

Crash treatment in CSA ‘not fair,’ says FMCSA’s safety head, says agency wants to fix

Editor’s Note: The GAO report, Federal Motor Carrier Safety: Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers, is available here.

From: Overdrive

The lack of crash accountability or crash weighting in the DOT’s Compliance, Safety, Accountability program is unfair to carriers, said one of the FMCSA’s top dogs at Overdrive sister publication CCJ’s Spring Symposium this week in Birmingham, Ala.

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The looming Safety Fitness Determination rule also includes an adjudication process similar to CSA’s already exisiting DataQs system. The rule is currently under review by the Office of the Secretary of Transportation, he said. “Hopefully it will go on to the OMB very, very soon,” he said.

May 22, 2015

A Regulatory Antidote for CCS (Carbon Capture and Storage)

Editor’s Note: Cross-Posted from OIRA Watch. Emphasis added.

From: Reuters

WASHINGTON, May 22, 2015 /PRNewswire-USNewswire/ — Inside EPA reports that it is likely that CCS is not in the New Source Performance Standard (NSPS) rule sent by EPA to OMB for interagency review. In response to this information some stakeholder groups are rallying their supporters to meet with OMB to reverse the decision.

It should be noted that all parties interested in a viable climate change program cannot afford to have EPA reversed in court on a rule which is predicate to the issuance of subsequent climate change rules. The elimination of CCS from the rule will make it virtually litigation proof; litigants will be mining for fools gold.

May 19, 2015

EPA Sends Waste Export-Import Rule For OMB Review

From: Inside EPA

The White House Office of Management & Budget (OMB) has begun reviewing proposed revisions to EPA’s hazardous waste export-import requirements that would move to electronic-based submittals and validations of export notices and other documents, and would add consistency to export-import requirements.

Read Complete Article (paywall)

Proposed Rule for Heavy-Truck Speed Limiter Sent to OMB

From: Transport Topics

A proposed rule to require the installation and use of speed-limiting devices on heavy trucks has been sent to the White House Office of Management and Budget for review.

The joint National Highway Traffic Safety Administration and Federal Motor Carrier Safety Administration proposal, forwarded to OMB on May 19, is expected to be published in the Federal Register on Aug. 27.

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May 14, 2015

Next Step in CFPB Debt Collection Rulemaking?

From: insideARM.com

It seems likely that the CFPB will follow the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) and convene a Review Panel as the next step in the debt collection rulemaking process. However, as of this date the CFPB has not made any formal announcements about the formation of a SBREFA panel for debt collection.

Under SBREFA, when developing rules that may have a significant economic impact on a substantial number of small businesses, the CFPB, in conjunction with the Small Business Administration (SBA) and the Office of Management and Budget (OMB), is required to form a Review Panel to obtain input from a group of small business representatives. The Panel is selected by the CFPB in consultation with the SBA.

May 12, 2015

Long-awaited 340B guidance under review by OMB

From: Sentry Data Systems

Last week, the White House Office of Management and Budget (OMB) received the Health Resources and Service Administration’s (HRSA’s) 340B Program Omnibus Guidelines (RIN 0906-AB08) for review. The OMB review process is expected to last approximately 90 days from May 6, the date the RegInfo.gov website notes that the OMB received the proposed guidelines.

May 7, 2015

Is OSHA Burying Its Head in the Sand with Proposed Silica Rule?

From: RegBlog | Penn Program on Regulation

Health experts claim that inhaling tiny crystalline silica particles can cause respiratory impairment and may result in lung cancer. Since crystalline silica exposure is common in many occupations, the Occupational Safety and Health Administration (OHSA) proposed a rule recently that would reduce the risks of respirable crystalline silica in the workplace.

However, two scholars doubt the effectiveness of OSHA’s proposal. Susan E. Dudley of George Washington University and Andrew P. Morriss of Texas A&M University argue that OSHA should encourage investigations and experimentation by employers, rather than restrict them with inflexible compliance standards. They urge a performance-based approach that will bring about a “generation of better information” and allow OSHA to implement more effective policies.