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.

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

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May 13, 2016

Plaintiffs’ Bar Plans Outreach on Overtime Changes

From: BNA/Daily Labor Report

By Ben Penn

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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.

May 4, 2016

White House weighs overtime rule changes

From: The Hill

By Lydia Wheeler

The White House has some big decisions to make before signing off on the Labor Department’s widely contested rule to expand overtime pay, one of the biggest regulatory initiatives of President Obama’s second term.

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Groups have flocked to the White House Office of Information and Regulatory Affairs (OIRA) to ask for last-minute changes to the rule, which was submitted for final review on March 14. The White House office held 22 meetings on the proposal in April, according to its calendar, and groups say more meetings are planned this week.

May 3, 2016

DOJ Restarts ADA Title II Web Accessibility Rulemaking

From: The National Law Review

Teresa L. Jakubowski

On April 29, 2016, the U.S. Department of Justice announced that it has withdrawn its Notice of Proposed Rulemaking (NPRM) under Title II of the Americans with Disabilities Act (ADA) to address accessibility requirements for web information and services of state and local government entities. The proposed rulemaking had been undergoing review at the Office of Information and Regulatory Affairs, a part of the Office of Management and Budget, pursuant to Executive Order 12866 since July 2014. Instead, the Department is issuing a Supplemental Advance Notice of Proposed Rulemaking (SANPRM) seeking additional public comment. Public comments will be accepted for 90 days from the date the SANPRM is published in the Federal Register, which has not occurred to date.

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.