December 13, 2016

30-hour minimum training stripped from entry-level driver rule by OMB, says insider



WASHINGTON — The 30-hour minimum behind-the-wheel training requirement was stripped from the final rule on entry-level driver training by the Office of Management and Budget, a source close to the rulemaking told The Trucker.

One of the key tenants among the recommendations from the Entry Level Driver Training Advisory Committee appointed by the FMCSA was establishing the minimum of 30 hours of behind-the-wheel training with at least 10 hours of training on a driving range and 10 hours on the open highway.

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December 9, 2016

Where’s the Paperwork on Paperwork Reduction? OMB Asked

From: FEDWeek

Two House members active in government oversight again have pressed OMB to issue overdue reports on federal agency compliance with the Paperwork Reduction Act.

House Small Business Committee chairman Steve Chabot, R-Ohio, and Oversight and Government Reform Committee chairman Jason Chaffetz, R-Utah, said that OMB had previously promised to publish reports in the fall on the federal government’s efforts to reduce the paperwork burden on individuals and small businesses over fiscal 2015-2016.

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December 5, 2016

Jim Tozzi’s Role in Stopping the DEA from Classifying Drug in Schedule 1 Status

From: Americans for Safe Access

PFC Review Board Member, Jim Tozzi’s Role in Stopping the DEA from Classifying Drug in Schedule 1 Status

Mike Liszewski


In its sudden rush to ban kratom, the DEA also violated several fundamental statutes including the Data Quality Act, Executive Order 12866, and the Office of Management and Budget’s (OMB) Peer Review guidelines. So in an unprecedented act, with help from Jim Tozzi and his team, the DEA withdrew their notice to classify kratom as a Schedule 1 drug. This is something that has never been done before, and the first time in DEA history that an organization was able to stop an order to place a substance in Schedule 1.

November 22, 2016

Obama Administration Still Wants to Release New Common Rule

From: Bloomberg/BNA | Life Sciences Law & Industry Report 

By Jeannie Baumann


“It is the goal of this administration to come out with a final rule,” Jerry Menikoff, director of the Health and Human Services Office for Human Research Protections, said Nov. 14.

OHRP Deputy Director Julie Kaneshiro added, “We could certainly decide not to move forward with some of the things being proposed” in response to the public comments about the proposed new Common Rule . The final rule also could have different effective dates for different provisions, Menikoff said. Both Kaneshiro and Menikoff were part of a “Dialogue with OHRP” session Nov. 14 at Public Responsibility in Medicine and Research’s Advancing Ethical Research conference in Anaheim, Calif.

November 18, 2016

White House Fall Reg Agenda

From: Politico

With help from Marianne LeVine and Cogan Schneier

WHITE HOUSE ISSUES FALL REG AGENDA: The White House issued its fall regulatory agenda Thursday. Typically this document describes timelines for future rulemakings, but with a new administration on the way, all bets are off. Still, we learned a bit about what the Obama Labor Department’s priorities will be between now and Jan. 20 (and what it hopes Trump’s Labor Department’s priorities will be after):

Beryllium rule:

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November 2, 2016

Divergent Views Expressed at FDA’s Third-Party Service Workshop

From: Association for the Advancement of Medical Instrumentation

For many in the healthcare industry, the most polarizing debate this fall has not been who should win the White House, but how far the Food and Drug Administration (FDA) ought to go in regulating the service and repair of medical devices. Last week, these divergent views came to a head during the agency’s two-day workshop on the refurbishing, reconditioning, rebuilding, remarketing, remanufacturing, and servicing of medical devices by third-party entities and original equipment manufacturers (OEMs).

November 1, 2016

Update on DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

From: Lexology

Lauren A. Tetenbaum Greenberg Traurig LLP

As reported, in December 2015, USCIS published a proposed rule on the Federal Register in which the Department of Homeland Security (DHS) seeks to improve job portability for highly skilled immigrants and clarify issues affecting foreign nationals in employment-based nonimmigrant visa categories like H-1B. The proposed regulations received almost 28,000 comments. On October 24, 2016, the rule was submitted to the Office of Management and Budget for final review.

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October 25, 2016

RFS rule heads to White House OMB for review

From: Biodiesel Magazine

By Erin Voegele

On Oct. 19, the U.S. EPA delivered its proposed rule to set renewable fuel standard (RFS) volumes for 2017 and biomass-based diesel volumes for 2018 to the White House Office of Management and Budget. OBM review marks a last step before a final rule is issued.

The proposed rule was first issued by EPA on May 18. It aims to set RFS renewable volume obligations (RVOs) for 2017, along with the 2018 RVO for biomass-based diesel. In the proposed rule, the agency suggested setting the 2017 RVO for advanced biofuel at 4 billion ethanol-equivalent gallons, or 2.67 biodiesel-equivalent gallons, cellulosic biofuel at 312 million gallons, and total renewable fuel at 18.8 billion gallons. The 2018 RVO for biomass-based diesel has been proposed at 2.1 billion gallons.

October 20, 2016

White House Reviewing Tire Proposal from NHTSA

Editor’s Note: NHTSA’s proposed tire rating system will need to comply with the Data Quality Act.

From: Tire Review

It’s been years in the making, but finally rulemaking to empower consumers with a “tire rating system” is under review.

The NHTSA’s rulemaking to provide consumers with information about tire fuel efficiency, wet traction and tread wear is now being reviewed by The White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OMB/OIRA).

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October 17, 2016

Can’t Repay Your Loan? Sue Your College!

From: Weekly Standard

A Department of Education proposal gets closer to being a reality.

By Alice B. Lloyd

The Department of Education’s proposal to broaden the existing borrower defense to repayment rule will give college students new grounds to sue their schools for loan forgiveness. Underemployed grads and downtrodden dropouts can claim they were misled and never got their federally loaned money’s worth. But the biggest problem with the proposal is the price tag. Indeed, the potential cost to taxpayers is virtually inestimable in its vastness: somewhere between two and 43 billion dollars, according to the Office of Management and Budget.