Regulatory Transactions

From: RegBlog University of Pennsylvania Program on Regulation

Jennifer Nou

Before an agency completes a cost-benefit analysis (CBA) subject to oversight by the White House Office of Information and Regulatory Affairs (OIRA), or by the courts if an agency decision is litigated, what forms of internal review of that analysis should the agency undertake on its own?

One increasingly common practice is for agencies to establish a centralized review office or officer charged with examining the internal cost-benefit figures developed by the agency’s rule-writing staff.  Examples of such offices include the Environmental Protection Agency’s (EPA) Office of Policy or the Bureau of Economic Analysis within the Federal Trade Commission (FTC).  These internal agency CBA reviewers are often trained economists who work closely with agency policymaking officials to evaluate internal CBAs before they ever face external review.

First of two stories about OIRA.

On the 10th floor of a red brick building with a leaky roof not far from the White House are offices and cubicles filled with some of the most influential people in Washington.

Most people have never heard of them.

They’re the cadre of wonky bureaucrats in the Office of Information and Regulatory Affairs, a division of the White House budget office.

From: Reuters

Toni Clarke

WASHINGTON (Reuters) – Lobbyists for electronic cigarette companies have been beating a path to the White House, hoping to prevent the administration from imposing strict, and possibly costly, rules on the burgeoning $2 billion industry.

In November and December, more than 35 organizations including e-cigarette companies, cigar and tobacco makers, trade associations, physician groups, lawyers, lobbyists and public health advocates trooped through the doors of the White House’s Office of Management and Budget.

From: FleetOwner

A proposed rule, which trucking has lobbied some 15 years for, to set up a national clearinghouse— a central database– of CDL holders to track those in violation of federal drug/alcohol-use regulations has at last been announced by the Federal Motor Carrier Safety Administration (FMCSA).

According to the agency, the rule “would help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal drug and alcohol regulations, including mandatory testing.”

From: Regulatory Studies Center/George Washington University

The 113th Congress is considering various bills that would reform the way regulations are developed, analyzed, and reviewed. The GW Regulatory Studies Center has tracked and classified these bills since the beginning of the 113th Congress and will continue tracking and updating the information regularly throughout its duration. By classifying each bill according to its approach to regulatory reform, based on the reform elements below, we hope to shed some light on the types of reforms being considered and their status.

From: AgProfessional

The Agricultural Retailers Association, in conjunction with the Water Advocacy Coalition, submitted a letter to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) opposing a proposed rule submitted by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps). The rule would dramatically expand the scope of the Clean Water Act (CWA).

“The draft proposed rule fails to comply with important regulatory requirements, relies on a flawed economic analysis, and is purportedly based on a scientific report that has not been peer reviewed,” the letter states. “In light of these concerns, OMB should return the draft proposed rule to the agencies and require them to address the substantive issues and procedural flaws before any proposed rule is released for public comment.”

Editor’s Note: For information about the limits of Presidential authority, please see here.

From: Bloomberg View via Richmond Times-Dispatch

BY CASS R. SUNSTEIN

In the aftermath of President Barack Obama’s State of the Union address, there is a lot of confusion about the phrase “executive actions.” The president has an assortment of different tools, and it is important to distinguish among them.