February 10, 2015

OMB May Accelerate WQS Rule Review Ahead Of CWA Jurisdiction Policy

From: Inside EPA

State officials say the White House is pushing to finish pre-publication review of EPA’s long-awaited final rule for how states should craft water quality standards (WQS) before it begins review of a final rule to define Clean Water Act (CWA) jurisdiction, fearing a lack of resources to process two highly controversial water rules at the same time.

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February 6, 2015

New Rules for Tank Cars Sent to White House for Review

From: The Wall Street Journal

Proposed Regulations Come in Response to Series of Oil-Train Accidents

By Bob Tita

Federal railroad regulators have forwarded their final draft of new regulations for tank cars that haul crude oil and other flammable liquids to the White House for review.

The review by the Office of Information of Regulatory Affairs is one of the last steps before the implementation of new tank-car standards and operating procedures.

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January 29, 2015

F.A.I.R. Trade Group Submits Comments to ATF on Proposed Collection Activities

From: F.A.I.R. Trade Group

F.A.I.R. Trade Group submitted comments on the proposed collections of information: (1) Revision of Federal Firearms License Application (ATF Form 7 (5310.12) and ATF Form 7CR (5310.16)); and (2) Creation of New ATF Form 5300.34, Federal Firearms License Responsible Person Questionnaire.

***

Based on the above, F.A.I.R. opposes the language in Section D of proposed Form 5300.34 that appears to require submission of the form if a new responsible person is added during the term of an existing license. This language should be removed from the form and the agency should continue its current practice of allowing responsible persons to be added by licensees voluntarily by correspondence to the licensing center.

January 28, 2015

EPA Seeks Input on Federal Plan for Regulating Greenhouse Gas Emissions from Power Plants

From: EPA via Stanley News and Press

WASHINGTON — The U.S. Environmental Protection Agency (***EPA) is inviting small businesses, governments and not-for-profit organizations to participate as Small Entity Representatives (SERs) on a Small Business Advocacy Review (SBAR) Panel for the federal plan that EPA is developing as part of the Clean Power Plan. This panel is part of a standard federal government process and will focus on the agency’s development of a proposed Federal Plan for Greenhouse Gas Emissions from Electric Generating Units that will cut carbon pollution from existing power plants, the largest source of this pollution in the country.

January 22, 2015

New wireless infrastructure rules to take effect in phases

From: Association of Corporate Counsel

Chip Yorkgitis and Dawn Damschen | Kelley Drye & Warren LLP

The new FCC rules adopted in October 2014 promoting more rapid wireless infrastructure deployments will begin taking effect next month, but not all key provisions will be following the same schedule. In the Report and Order we blogged on last fall, the Commission took steps to streamline the review process and reduce the regulatory burdens associated with wireless deployments, particularly distributed antenna system (DAS) networks and other small-cell systems. Further, the new rules clarify the statutory requirements related to State and local government review of new infrastructure requests.

January 21, 2015

Bracing for battle over fiduciary rule

From: BenefitsPro

By

If the Department of Labor releases a conflict of interest rule that is an echo of its original proposed expansion of the fiduciary standard, it will be met with “swift and strong legislative action.”

That was the prediction Tuesday — made just hours before President Obama’s State of the Union — from Lee Covington, VP and general counsel for the Insured Retirement Institute, based on his reading of lawmakers’ views in recent weeks.

The long-awaited ruling has yet to be sent to the Office of Management and Budget, according to Covington. When it finally is – at any moment, according to the latest speculation – a 90-day review period will begin.

January 20, 2015

FDA submits notice for collection of information regarding direct-to-consumer advertisements

From: Association of Corporate Counsel

Jennifer K. Shanley | Cooley LLP

The Food and Drug Administration (FDA) recently submitted a proposed collection of information on disclosing risks in direct-to-consumer (DTC) prescription drug television (TV) advertisements to the Office of Management and Budget (OMB) for review and clearance.

January 15, 2015

2015 Oil and Gas Regulatory Outlook

From: The National Law Review

Article By: Kenneth S. Komoroski, Timothy P. Lynch, John D. McGrane, Ted B. Bosquez, IV, Daniel Carmeli

The U.S. government recently announced plans for a number of regulatory initiatives in 2015 that will affect the oil and gas industry.

Planned Federal Regulations Target the Oil and Gas Industry

Twice per year, the U.S. government lists its regulatory plans. At the end of 2014, it announced its plans for the following regulatory initiatives affecting the oil and gas industry.

Regulatory Area Federal Agency Status
 1 VOC and Methane Emission Regulations Environmental Protection Agency (EPA) Prerulemaking

January 14, 2015

EPA Delays Rule to Limit Carbon Emissions from New Power Plants

From: Center for Effective Government

by Katie Weatherford

UPDATE (1/8/2015): The White House has announced that EPA will not meet today’s deadline for issuing a final rule to limit carbon dioxide emissions from new power plants. Instead, the agency will not finalize the rule until mid-summer, skirting a statutory deadline that requires EPA to finalize the rule within one year of its proposal. On a press call Jan. 7, EPA officials told reporters it plans to finalize the rule at the same time it completes its related rules limiting carbon emissions from existing and modified power plants.

January 9, 2015

Proposed [Electronic Health Record] regulations for Stage 3 could relax rules

From: HealthcareDIVE

By

Dive Brief:

  • The White House has received the soon-to-be proposed rules for the third stage of the Meaningful Use EHR incentive program, according to the Office of Management and Budget website.
  • The Stage 3 rules the OMB’s Office of Information and Regulatory Affairs​​ is reviewing should relax the all-or-nothing tone of the Stage 2 rules, which have proven to be particularly difficult for small medical practices to meet. The proposed Stage 3 guidelines would also make changes to the reporting period, timelines and structure of the program.

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