September 16, 2016

White House Launches EPA Vapor Intrusion Rule Review

From: Bloomberg/BNA

An EPA final rule to add vapor intrusion to superfund listing criteria now is under review at the White House Office of Management and Budget.

The rule would give the EPA authority to consider vapor intrusion, the process of volatile compounds migrating through subsurface groundwater or soil to air in aboveground structures, when determining whether to add a contaminated site to the superfund program’s National Priorities List.

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September 13, 2016

CRE Information Request to DEA

Editor’s Note: The post below, cross-posted from CRE’s Regulatory Pacesetters forum, established an Interactive Public Docket on DEA’s August 31st Federal Register notice starting a 30 day process to list kratom as a schedule I narcotic. CRE has, so far, received over 400 comments on the DEA’s proposal. The kratom comments are available here.

From: Regulatory Pacesetters

Note  2nd CRE  Letter to the Department of Justice at  cre-dea-kratom-1

See Kratom Policy Forum in link to the right of this post

August 24, 2016

Rule to boost EHR oversight gets White House review

From: McKnight’s

A proposed rule that would grant federal officials more oversight of complaints and safety issues related to electronic health records moved one step closer to finalization last week.

The rule, first proposed in March, was received by the White House Office of Management and Budget on Thursday, according to its regulatory review page.

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August 18, 2016

Is the FCC Sacrificing America’s Minority Content Creators Along with Cybersecurity and Privacy?

Editor’s Note: For more information of the personal privacy and cyber security risks inherent in the FCC’s set-top box proposal to unlock cable company data streams, see CRE’s comments to the docket here. For more information on the proposed rule’s threats to intellectual property, see Is the FCC Undermining the Rule of Law?

From: Free State Foundation


August 11, 2016

Money laundering rule on prepaid cards stalled after industry pushback

From: Reuters

In 2011, amid a crackdown on international money laundering, the U.S. Treasury Department tried to close a loophole that authorities said allows drug cartels to move bulk cash across borders on gift and other prepaid cards.


Meetings between OMB and parties with a stake in proposed regulations are common, and it often takes years for an agency to complete the review of proposed regulations. But it is unusual for agencies to withdraw rules once they are proposed. Over the past decade, less than 6 percent of draft regulations were withdrawn by the agency that proposed them, according to OMB statistics.

August 9, 2016

Is the FCC Undermining the Rule of Law?

Editor’s Note: In two recent articles, Randolph J. May and Seth L. Cooper argue that the FCC is undermining the rule of law in different ways. In “The FCC Threatens the Rule of Law: A Focus on Agency Enforcement and Merger Review Abuses” here, the authors discuss the enforcement and merger review activities of the Federal Communications Commission and argue “that they undermine important rule of law principles.” In a new article, the authors discuss a letter from of the United States Register of Copyrights to the Congress on the Commission’s video navigation/set-top box rulemaking; the US Copyright Office informed Congress that the proposed rule could “interfere with copyright owners’ rights to license their works as provided in copyright law, and restrict their ability to impose reasonable conditions on the use of those works through the private negotiations that are the hallmark of the vibrant and dynamic MVPD [multichannel video programming distributors] marketplace.”

August 4, 2016

EPA Urged To Craft DQA Procedures For Human Data In Pesticide Reviews

Editor’s Note: CRE’s July letter to USDA and EPA is available here.

From: Inside EPA

Dave Reynolds


In a July 18 letter to EPA and the U.S. Department of Agriculture (USDA), the Center for Regulatory Effectiveness (CRE) urges EPA to work with USDA to craft SOPs for using epidemiological data in pesticide risk reviews, and to not rely on human data to strengthen pesticide regulations until the SOPs are complete. The letter is available on,. (Doc. ID: 193542)


August 2, 2016

CFPB Issues Long-Awaited Proposals for Regulation of the Debt Collection Industry

From: JDSupra Business Advisor

by Joann Needleman  | Clark Hill PLC

Today, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), issued its outline of proposals under consideration for the regulation of debt collection. More than three years in the making, the CFPB’s proposals will subject debt collectors to stricter rules under the Fair Debt Collections Practices Act (“FDCPA”). The Bureau’s release came in preparation for the convening of a Small Business Review Panel (“Panel”) to gather feedback from small debt collection industry players, which constitute the large majority of debt collection firms, according to the CFPB. The Panel process is the first step in the debt collection rulemaking process.

July 29, 2016

DOL’s rule on state retirement plans arrives at OMB

From: Investment News

The regulation, which offers states a route to avoid liability under ERISA, took its final step toward finalization

By Greg Iacurci

A Labor Department rule governing state-based retirement plans for the private sector has taken its final step toward finalization, after the regulatory agency sent the measure to the Office of Management and Budget for review.

The OMB, which received the measure last week, reviews all proposed and final rules, looking particularly at economic consequences. It has up to 90 days to review the rule, but the assessment will likely take around half that time, said Judy Miller, director of retirement policy at the American Retirement Association.

July 28, 2016

ABA and CBA seek revisions to generic clearance process

From: Ballard Spahr | CFPB Monitor

The American Bankers Association and the Consumer Bankers Association (the Associations) have sent a letter to the Office of Information and Regulatory Affairs (OIRA) (part of the Office of Management and Budget (OMB)) urging OIRA to update its existing guidance on information collections to ensure that the CFPB or other agencies do not improperly use the generic clearance process.