Search Results Archives: February 2016

February 25, 2016

3 Big Holes in DOL Fiduciary Proposal, ICI Says

From: ThinkAdvisor

On one-year anniversary of Obama endorsement of the proposal, ICI sends letter to the OMB about DOL’s justification for the rule

By Melanie Waddell, Washington Bureau Chief, Investment Advisor Magazine

Letters of opposition continue flowing into the Office of Management Budget as it reviews the Department of Labor’s rule to change the definition of fiduciary on retirement advice.

The Investment Company Institute on Monday told OMB’s Office of Information and Regulatory Affairs (OIRA) that DOL’s rule must include “significant new data” in its regulatory impact analysis to support DOL’s “massive overhaul of the retirement marketplace” and said there were three major factual holes in the DOL’s proposal.

February 22, 2016

COOL repeal rule-making now under review

From: Feedstuffs

The regulatory rule-making for the removal of country-of-origin labeling (COOL) requirements for beef and pork muscle cuts, ground beef and ground pork has been logged for review at the Office of Management & Budget (OMB).

In December, Congress approved a fiscal 2016 catch-all federal spending bill that included repeal of the meat labeling provision of the COOL law in order to avoid trade retaliation from Canada and Mexico. OMB must review all regulations before they are implemented.

Read Complete Article

February 18, 2016

OMB Reviewing EPA Rebuttal To GAO Criticisms Of CWA Rule Campaign

From: Inside EPA

The White House Office of Management & Budget (OMB) is reviewing EPA’s draft formal response to Government Accountability Office (GAO) criticisms that the agency violated legal restrictions on use of appropriations in how it promoted its Clean Water Act (CWA) jurisdiction rule, says EPA Administrator Gina McCarthy.

Read Complete Article (paywall)

February 14, 2016

The Data Quality Act and the Continuing War on Industry Sponsored Science

The controversy concerning the integrity of industry sponsored science has been going on for years.  However what continues to be absent from the debate is the Data [Information] Quality Act which was passed some fifteen years ago with the intent of breaking this impasse.

More specifically the Act sets standards for all scientific data disseminated by any federal agency. In addition it sets standards for all data submitted to a federal agency by an outside party.

Why then has not this tie breaker entered in to the industry sponsored science debate? It is most certainly not because it is not needed.

February 12, 2016

Agency Final Rules Submitted After May 16, 2016, May Be Subject to Disapproval in 2017 Under the Congressional Review Act

From: Congressional Review Service | CRS Insight

Christopher M. Davis, Richard S. Beth

With a change in the occupancy of the White House taking place in 2017, some in Congress are paying renewed attention to a parliamentary mechanism that might enable a new Congress and new President to overturn agency final rules of the Obama Administration issued after mid-May 2016.

February 10, 2016

Charting Midnight Regulation Before Dawn: Part 1

From: American Action Forum


February 8, 2016

Sleep apnea proposed rulemaking clears White House

From: Land Line

The Federal Motor Carrier Safety Administration’s advanced notice of proposed rulemaking regarding sleep apnea cleared the Office of Management and Budget on Wednesday, Feb. 3.


In 2013, President Barack Obama signed into law a bill that prevents FMCSA from proceeding with any regulation of sleep apnea without going through a rulemaking process. That involves public comment periods, legitimate research, cost-benefit analysis, etc.

February 3, 2016

Fiduciary Rule Sent to OMB for Review

From: Bloomberg/BNA

By Sean Forbes

The Department of Labor sent its long-sought, long-fought fiduciary rule to the Office of Management and Budget for review, putting the financial industry one step away from dealing with new requirements aimed at preventing conflicts of interest in the provision of retirement investment advice.

The final rule was received by the OMB on Jan. 28, according to a posting on that agency’s site. A rule review by the OMB’s Office of Information and Regulatory Affairs is generally limited to 90 days, though the OMB director can extend it once for up to 30 days and the head of a rulemaking agency can extend it indefinitely. With three months for review, the final rule could be sent back to the DOL by the end of April, although it might be released even sooner.