August 17, 2017

Final Mortality Table Regulations Sent for OMB Review Signals Potential Effective Date Delay

From: Groom Law Group

On August 9, 2017, the U.S. Treasury Department and the Internal Revenue Service sent the final mortality table regulations to the Office of Management and Budget for review. The regulations were reclassified as “economically significant”, making them subject to additional review processes under Executive Order 12866 (and potentially the “2 for 1” regulation rule and “net incremental cost of zero” provisions under Executive Order 13771).


August 15, 2017

CMS proposes cancelling cardiac, orthopedic bundled payment models

From: McKinght’s

The Centers for Medicare & Medicaid Services is planning to pull the plug on its recently released — and frequently delayed — bundled payment models for cardiac and orthopedic care.

That’s according to a proposed rule sent to the Office of Management and Budget that is currently pending regulatory review, according to the office’s website. The rule is titled “Cancellation of Advancing Care Coordination through Episode Payment and Cardiac Rehabilitation Incentive Payment Models; Changes to Comprehensive Care for Joint Replacement Payment Model.”

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August 11, 2017

Food trade associations press OMB on GMO labeling timetable in a bid to avoid ‘extended regulatory uncertainty’

Editor’s Note: The letter to OMB Director Mulvaney signed by 19 trade associations is available here.

From: Food Navigator-USA

Trade associations including the Food Marketing Institute and the Grocery Manufacturers Association have warned the Office of Management and Budget (OMB) that failing to implement federal GMO labeling legislation in a timely manner could cause major headaches for the food industry.

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August 10, 2017

The Future of the Fiduciary Rule is in OIRA’s Hands

From: Investment News

DOL seeks to delay fiduciary rule until July 2019

Battle intensifies as Labor Department seeks to push off implementation until July 2019

By Mark Schoeff Jr


In a brief filed in a Minnesota lawsuit Wednesday, the DOL indicated it had submitted to the Office of Management and Budget a proposal to delay the remaining parts of the rule from Jan. 1, 2018, until July 1, 2019. The OMB must review and approve the proposal before it can go into effect. The delay itself could require its own rulemaking process.

August 9, 2017

DOL’s Regulatory Agenda for 2017 Remains Packed

From: PlanAdvisor

Beyond the ongoing fiduciary rule RFI process, the DOL also has slated for this month an interim final rule about an amendment to its Abandoned Plan Program.

By Rebecca Moore


As for the Department of Labor’s (DOL)’s regulatory agenda for 2017, it lists its Request for Information (RFI) on Fiduciary Rule and Prohibited Transaction Exemptions. The RFI has been issued and the first comment period about delaying the implementation of the rule has ended. The second comment period seeking information regarding potential new and amended administrative class exemptions from the prohibited transaction provisions of the Employee Retirement Income Security Act (ERISA) will end soon.

August 4, 2017

Acting EEOC Chair Addresses Status of EEO-1 Reporting Changes, Other Issues

From: McGuire Woods


  • Lipnic noted that, having said this, she sent a memorandum to the new head of the White House’s Office of Information and Regulatory Affairs (OIRA), Neomi Rao, stressing that “time is of the essence” if the EEO-1 pay reporting requirement is to be suspended pending further administration review. As a practical matter, employers and the EEOC need to make changes to their systems now to be compliant in March 2018.
  • Thus, Lipnic said she advised OIRA that an answer on the status of the new EEO-1 requirement is needed by the end of August 2017.

August 3, 2017

Baseload Regulation in a Post-Clean Power Plan World

Editor’s Note: What comes next? See, A Regulatory Antidote for Carbon Capture and Storage.

From: Power Magazine

Scott Segal


What Comes Next?

One way to consider how to make the removal of the CPP a more durable change to GHG policy as it affects baseload power production is to answer the question, “What comes next?” Pure repeal of the CPP certainly addresses President Trump’s campaign promise, but leaving something in place of the CPP may have some virtues. First, doing so reinforces preemption of federal common law, other tort actions, and perhaps even certain state actions. Politically speaking, a regulatory program in the area deprives those that would mischaracterize the significance of the CPP an important argument.

August 2, 2017

Trump cutting hundreds of planned regulations

From: Farmington Daily Times

Cuts may lessen paperwork burden for outdoorsmen, fish restoration programs and Native American tribes, among others

Josh Boak, The Associated Press


“It’s really the beginning of a kind of fundamental regulatory reform,” Neomi Rao, head of the White House Office of Information and Regulatory Affairs, said Wednesday. A report on the regulatory actions was being released Thursday.

Federal agencies expect to complete 1,732 regulations this year, roughly a 20 percent reduction compared to the fall of 2016.

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July 28, 2017

FDA Announces Plans for Radical Overhaul of US Tobacco Control Policies, Possible de facto Bans on Nicotine and Menthol

Editor’s Note: Cross-posted from the Counterfeit Cigarette Enforcement Forum.

In a long-expected announcement, the FDA Center for Tobacco Products announced plans to consider (1) “lowering nicotine levels in combustible cigarettes to non-addictive levels,” i.e. banning nicotine (2) regulating flavors—including menthol—in all tobacco products including e-cigarettes (3)  and “foundational rules to make the product review process more efficient, predictable, and transparent” for all stakeholders. The complete FDA News Release is found here. Below are excerpts.

July 26, 2017

Administration Reduces Federal Regulations

From: Aviation News Today


The DOT list includes a rulemaking that “would have required certificated airports to complete a wildlife hazard assessment (WHA) and a wildlife hazard management plan (WHMP) to identify and mitigate wildlife hazards.” The FAA had previously determined that a separate rulemaking involving Safety Management Systems “should accomplish the same goal.”

AAAE and ACI-NA have been working together to urge the Administration to reduce red tape and eliminate unnecessary federal regulations that hamper airports around the country. Earlier this year, the two organizations shared a long list of specific airport regulatory relief proposals with White House officials.