Regulatory Transactions

From: RegWatch/The Hill’s Regulation Blog

By Megan R. Wilson

Environmental advocates and representatives from the oil-and-gas industry are flocking to the White House following the submission of a draft rule that would govern the controversial practice of hydraulic fracturing on public lands.

The Bureau of Land Management (BLM) in January pulled a long-awaited proposed rule to regulate hydraulic fracturing, also known as “fracking,” after receiving a flood of public comments and push-back from industry. A new draft was sent to the White House on Jan. 22, but the document will not become public until the BLM officially proposes it.

From: RegBlog

Erik Lieberman

The 2012 elections are now in the history books. With President Obama returning to face a divided—and likely gridlocked—Congress for at least the next two years, many observers expect the President to address the biggest public policy issues through the regulatory, rather than the legislative, process.

The decisions agencies make can have enormous consequences for businesses and the public. These wide-reaching effects are one reason why every administration since President Nixon’s has provided some mechanism for centralized review of agency regulations.

From: Feedstuffs

Jacqui Fatka

The U.S. Department of Agriculture has submitted a draft rule country-of-origin labeling rule to the Office of Management and Budget (OMB) for review, according to an official who works for USDA’s Agricultural Marketing Service.

The World Trade Organization recently required USDA to adjust COOL requiring U.S. retailers to clearly label where meat was raised and processed. WTO said although the U.S. can require meat labeling, current COOL rules do not meet WTO standards, and the U.S. has until May 23 to bring its COOL rules into compliance.

Editor’s Note:  The following is part of our occasional focus on European regulatory review.

From: RegBlog

José Carlos Laguna de Paz

Network industries have been national monopolies for decades, so introducing competition in these sectors has been anything but easy. Yet observers may view the liberalization of electronic communications as a successful process in Europe. European Union (EU) policy abolished special and exclusive rights for the provision of networks and services, facilitating the entry of new operators who provide innovative services at lower prices. In addition, ex ante regulation and competition law enforcement have led to much more competitive markets. The degree of economic efficiency and consumer satisfaction that we have achieved would be hardly imaginable under the traditional regime of exclusive rights.

Editor’s Note:  As the construction market starts to recover from a long and serious decline, it is welcome news that OMB continues to do its job, as directed by the President, to ensure that regulations comply with applicable requirements prior to promulgation.

From: Charlestson Gazette

Tom O’Connor: Two years old, Silica Rule remains mired at OIRA

CHARLESTON, W.Va. — Two years. 730 days. Thousands of workers’ lives. However you choose to look at it, that’s how long the proposed Occupational Exposure to Crystalline Silica rule has been sitting at the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). OIRA is supposed to review proposed rules within 90 days.

Editor’s Note:  In addition to transparency deficiencies, the Unified Agenda also demonstrated accuracy deficiencies.

From: Regulatory Studies Center/George Washington University

Sofie E. Miller

Last month, the Government Accountability Office (GAO) published a report finding that federal agencies published about 35 percent of the major rules issued between 2003 and 2010 without seeking public comment through a notice of proposed rulemaking (NPRM). As Susan Dudley explained in a policy commentary on GAO’s report, “This means that a significant percentage of new regulations expected to have an impact of $100 million or more on the economy are given the force of law without public input. GAO finds a sharp increase in the practice of issuing a final regulation without first seeking public comment in 2009, when 40 percent of all major final rules were issued without notice and comment, compared to 26 percent in 2008.” Unfortunately, a look at the recently-released Unified Agenda indicates that this trend may be continuing, and that agencies may continue to regulate without seeking public comment.

From: Telecom Law Monitor

by Chip Yorkgitis

We posted recently on rules the Federal Communications Commissions (FCC or Commission) adopted in January modifying the scope of and particulars of the  annual International Traffic and Revenue reports and Circuit Status reports many international providers must file annually.   The effective date of those rules, which will extend certain reporting requirements to one- and two-way international VoIP providers and non-common carrier submarine cable licensees, was made dependent on Office of Budget and Management (OMB) review, which created some uncertainty about whether the new regulations would apply to this year’s reports.

From: Washington Examiner

Paul Bedard

Complying with the raging tsunami of new Obamacare rules and regulations will cost American businesses and families 127 million hours annually, enough time to carve out another 1,039 Mount Rushmores which took 14 years complete, according to a new House report.

Based on figures from President Obama’s own Office of Management and Budget and Internal Revenue Service, the new report provided to Secrets reveals that the health reform law set to fully go into effect in 11 months will be the most costly federal burden to hit American in generations. And that hardship will grow as more rules are released.

From: Interlocking Concrete Pavement Institute

In a meeting attended by ICPI, OSHA announced that it expects to publish the long-waited, much-delayed proposed regulation of crystalized silica exposures in the workplace (the Silica regulation) in May 2013.

So said OSHA Deputy Assistant Secretary of Labor for Occupational Safety and Health Jordan Barab at a January 25 meeting among business lobbying groups.

The rule has been written for some time but has been delayed under review in the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA).  While OIRA is charged to review proposed regulations for a period of ninety days, the review of the silica regulation is beginning its third year.