Regulatory Transactions

From: Commerical Carrier Journal

Rulemaking 101: The process behind FMCSA’s regulatory agenda

By Jill Dunn

Ever wondered what exactly the Federal Motor Carrier Safety Administration’s rulemaking process actually is? And how it gets off course or delayed in pushing out a rule, like the current situation with the electronic logging device mandate?

From: Bloomberg/BNA

By Bruce Rolfsen

Dec. 23 –A review of the draft final rule for protecting workers constructing and repairing high-voltage power lines was completed Dec. 20 by the White House’s Office of Information and Regulatory Affairs, ending an examination that lasted 18 months, according to an OIRA statement.

The final rule, Electrical Power Transmission and Distribution; Electrical Protective Equipment standard (RIN 1218-AB67), is now back with the Occupational Safety and Health Administration.

The next step is expected to be the publishing of the final rule in the Federal Register. An OSHA spokesman told Bloomberg BNA Dec. 23 that a publication date hadn’t been set.

Federal Regulations Advisor

Leland Beck

Carbon Capture & Sequestration:  EPA released an advance version of its carbon capture and sequestration final rule: Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO₂) Streams in Geologic Sequestration Activities.  The economics behind the rule contain a high degree of uncertainty, but the rule is raises significant legal and policy issues.  The EPA proposed Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units last September to limit greenhouse gas emissions by requiring all new coal plants to use a carbon capture and sequestration technology – industry has suggested that such technology is not yet available.  This final rule conditionally excepts carbon capture and injection into underground facilities from Resource Conservation and Recovery Act (RCRA) regulation.

J Robert Brown Jr.

TheRacetothe Bottom.org

The SEC has submitted to OIRA its list of anticipated rulemakings over the next twelve months for inclusion in the Unified Agenda.  See OIRA Website (“Fall editions of the Unified Agenda include The Regulatory Plan, which presents agency statements of regulatory priorities and additional information about the most significant regulatory activities planned for the coming year.”).  

The Center for Effective Government states:

OIRA released some long-delayed proposed rules soon after Howard Shelanski was confirmed in June as the OIRA Administrator, suggesting that Shelanski is committed to moving rules through the review process more efficiently. This improvement is especially critical for rules needed for moving forward on overdue health, safety, and environmental standards. While recent improvements at OIRA in reducing rule review delays are laudable, substantial procedural and transparency issues still need to be addressed.

Complete report at http://www.foreffectivegov.org/standards-and-safeguards-2013

Editor’s Note: When the PRA process is used as intended, the Paperwork Reduction Act is a powerful tool empowering people to effectively participate in Commission proceedings, including in the development and shaping of the agency’s information collection needs and in determining how the data collected will be used. For more information about appropriate use of the PRA process, please see, Comments on the Draft Report to The Administrative Conference of the United States on the Paperwork Reduction Act.

From: Federal Communications Commissioner Mignon L. Clyburn (Testimony, House Subcommittee on Communications & Technology, December 12, 2013)

From: Safety.BLR.com

OSHA announces 2014 regulatory priorities. Are you ready?

The U.S. Department of Labor (DOL), which includes OSHA, has issued its Fall 2013 Regulatory Agenda. The document includes 28 OSHA-related items. Keep reading to learn about OSHA’s rulemaking plans and what they mean for you and your employees.

The labor department says the regulations it is pursuing in 2014 are part of a plan/prevent/protect approach, “designed to ensure employers and other regulated entities are in full compliance with the law every day, not just when the Department of Labor engages an employer.”

Editor’s Note: Premium cigars should not be confused by regulators with cheap machine-made cigars which are a very different product.

From: StogieGuys.com

Stogie Guys Friday Sampler No. 360

As we have since July 2006, each Friday we’ll post a mixed bag of quick cigar news and other items of interest. Below is our latest Friday Sampler.

Editor’s Note: As the journalist correctly notes below, Information Collection Requests (ICRs) are “designed to gather data and views on what–if any–rulemaking actions an agency will go on to take.” The Paperwork Reduction Act (PRA) calls for a vigorous public participation in the information collection develop, design and approval processes.  For more information, please see the website of the Administrative Conference here.

From: Bloomberg/BNA

By Robert Iafolla

Dec. 3 –The Occupational Safety and Health Administration announced Dec. 3 that it is soliciting public input on possible revisions to its process safety management standard and three other rules related to prevention of chemical catastrophes.

From: National Journal

The Interior Department is on the cusp of finalizing a rule that would give wind farms 30-year permits that authorize killing eagles.

By Ben Geman

The Interior Department appears close to finalizing a controversial permitting rule that authorizes wind farms to kill eagles for decades.

The White House Office of Management and Budget signed off Wednesday on the heavily lobbied rule, which would boost the available permit period from five to 30 years, records show.

The rule, which has faced opposition from environmental groups, authorizes the non-intentional deaths of eagles but also contains conservation provisions, according to a summary of the plan on OMB’s website.