May 19, 2015

EPA Sends Waste Export-Import Rule For OMB Review

From: Inside EPA

The White House Office of Management & Budget (OMB) has begun reviewing proposed revisions to EPA’s hazardous waste export-import requirements that would move to electronic-based submittals and validations of export notices and other documents, and would add consistency to export-import requirements.

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Proposed Rule for Heavy-Truck Speed Limiter Sent to OMB

From: Transport Topics

A proposed rule to require the installation and use of speed-limiting devices on heavy trucks has been sent to the White House Office of Management and Budget for review.

The joint National Highway Traffic Safety Administration and Federal Motor Carrier Safety Administration proposal, forwarded to OMB on May 19, is expected to be published in the Federal Register on Aug. 27.

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May 14, 2015

Next Step in CFPB Debt Collection Rulemaking?

From: insideARM.com

It seems likely that the CFPB will follow the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) and convene a Review Panel as the next step in the debt collection rulemaking process. However, as of this date the CFPB has not made any formal announcements about the formation of a SBREFA panel for debt collection.

Under SBREFA, when developing rules that may have a significant economic impact on a substantial number of small businesses, the CFPB, in conjunction with the Small Business Administration (SBA) and the Office of Management and Budget (OMB), is required to form a Review Panel to obtain input from a group of small business representatives. The Panel is selected by the CFPB in consultation with the SBA.

May 12, 2015

Long-awaited 340B guidance under review by OMB

From: Sentry Data Systems

Last week, the White House Office of Management and Budget (OMB) received the Health Resources and Service Administration’s (HRSA’s) 340B Program Omnibus Guidelines (RIN 0906-AB08) for review. The OMB review process is expected to last approximately 90 days from May 6, the date the RegInfo.gov website notes that the OMB received the proposed guidelines.

May 7, 2015

Is OSHA Burying Its Head in the Sand with Proposed Silica Rule?

From: RegBlog | Penn Program on Regulation

Health experts claim that inhaling tiny crystalline silica particles can cause respiratory impairment and may result in lung cancer. Since crystalline silica exposure is common in many occupations, the Occupational Safety and Health Administration (OHSA) proposed a rule recently that would reduce the risks of respirable crystalline silica in the workplace.

However, two scholars doubt the effectiveness of OSHA’s proposal. Susan E. Dudley of George Washington University and Andrew P. Morriss of Texas A&M University argue that OSHA should encourage investigations and experimentation by employers, rather than restrict them with inflexible compliance standards. They urge a performance-based approach that will bring about a “generation of better information” and allow OSHA to implement more effective policies.

May 6, 2015

DOL “Springs” its part 541 proposal for review

From: Lexology/Association of Corporate Counsel

Alfred B. Robinson, Jr. | Ogletree Deakins

On Tuesday, May 5, 2015, the U.S. Department of Labor (DOL) announced that it had sent its draft proposed part 541 overtime regulations to the Office of the Information and Regulatory Affairs (OIRA) at the Office of Management and Budget for review. President Obama signed a presidential memorandum on March 13, 2014, directing the Secretary of Labor to revise the Part 541 overtime regulations that define the executive, administrative, professional, outside sales, and computer employee exemptions from overtime and minimum wage requirements contained in section 13(a)(1) of the Fair Labor Standards Act. The DOL last revised these Part 541 regulations in 2004.

May 5, 2015

Insight for Industry – FERC Issues Target Date for Oregon LNG Project

From: Breaking Energy

By Enerknol Research

On April 17, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice of Schedule for Environment Review of the $6 billion Oregon LNG export terminal, setting a final review date of February 2016. The FERC filing is a major step forward for Oregon LNG, which has been stuck in limbo for seven years due to market dynamics and regulatory delays, but does little to mitigate concern over the lengthiness of bureaucratic review. The regulatory delays facing U.S. LNG export projects has allowed competing projects in Australia to race ahead in supplying growing Asian demand.

May 4, 2015

Learning More from the Data the Federal Government Already Collects

From: OMBlog

Posted by Aviva Aron-Dine

Last week the Departments of Labor and Education published the draft regulations implementing the Workforce Innovation and Opportunity Act (WIOA).  These proposed regulations, and the underlying WIOA legislation, will improve our Nation’s public workforce system by strengthening coordination and accountability. One of their most exciting features is that they would require States to produce standardized, easily-understandable “scorecards.” What that means is that – for the first time – workers choosing among different training programs that receive WIOA funding will be able to easily compare them on criteria that matter, like how much the program costs, the percent of participants who actually complete the program, and the average earnings of participants. Right now, workers seeking training may not even be able to find apples-to-apples data on how much different programs would cost, much less how their students fare in the job market. WIOA and the proposed regulations published last week seek to change that. In addition, the draft regulations put in place the WIOA requirement that States implement high-quality evaluations of the core WIOA employment, education, and training programs. That will let them improve workforce outcomes over time by learning which approaches work best and then scaling-up those approaches.

April 27, 2015

Undoing the suppression of substance use data

Editor’s Note: All privacy-related regulatory proceedings from Executive Branch agencies are subject to OIRA review. 

From: The Incidental Economist | Contemplating health care with a focus on research, an eye on reform.

Nicholas Bagley

In welcome news for the research community, the Substance Abuse and Mental Health Services Administration (SAMHSA) is planning on proposing a rule to restore research access to substance use data in Medicare and Medicaid files.

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April 23, 2015

BIA Takes Heat From Connecticut Lawmakers, Others On Indian Recognition

From: Connecticut Mirror

By ANA RADELAT

WASHINGTON — Kevin Washburn, the head of the U.S. Bureau of Indian Affairs, hinted Wednesday that he may have eliminated a provision in new tribal recognition rules that would stymie efforts by several Connecticut tribes to seek federal status.

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But no one has seen the final regulations Washburn sent this week to the Office of Management and Budget. The OMB’s Office of Information and Regulatory Affairs has by law 90 days to finish its review of the regulations before they are implemented, but it usually takes less time.