Regulatory Transactions

From: Plane-ly Spoken

By Mark McKinnon and Lisa Ellman

Yesterday, we wrote about the endgame for the small UAS rule and recent comments that the process might take until 2018 to complete.  Today we would like to talk about the opening move, which occurred with little fanfare in the last few days.

Before the Notice of Proposed Rulemaking (NPRM) can be released for comment, it first must go through a review process at the Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB) at the White House.  Plane-ly Spoken has learned that the FAA has, in fact, sent the small UAS NRPM to OIRA for their review.  This provides a golden opportunity for stakeholders to influence the process before the regulation is publicly released.

Editor’s Note: For information on the Executive Branch’s unfinished business in ensuruing all marriages are treated equally in federal programs, see here.

From: BuzzFeed News

The Labor Department was tasked by the president this summer with devising regulations barring federal contractors from discriminating against LGBT workers.

Chris Geidner

WASHINGTON — The Labor Department has finalized a rule barring federal contractors from discriminating against LGBT workers, sending it to the Office of Management and Budget on Monday for review, BuzzFeed News has learned.

From: Oil & Gas Journal

By Bob Tippee

The US Environmental Protection Agency is setting booby traps for the economy as the last half term of the Obama presidency lumbers into view.

Three regulations in various stages of development will make energy costs explode.

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Related to Tier 3 is an imminent proposal by EPA to lower the allowed concentration of ground-level ozone to 60-70 ppb from 75 ppb, the standard in place since 2008. When the agency proposed a 70-ppb standard 3 years ago, the White House Office of Management and Budget quashed it in response to opposition from business groups.

From:Chemical Regulation Reporter

By Pat Rizzuto

The Environmental Protection Agency has regulated nearly all nanoengineered chemicals that it has reviewed under its new chemicals program, an EPA program manager who reviews such chemicals said Oct. 16.

By contrast, the EPA’s new chemicals program typically regulates only 10 percent to 15 percent of the traditional compounds it reviews, said Jim Alwood, a program manager in the EPA’s Chemical Control Division who coordinates nanotechnology issues under the Toxic Substances Control Act.

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The agency recently submitted a proposed data collection rule to the Office of Management and Budget.

From: JDSupra Business Advisor

Doug Hass | Franczek Radelet P.C.

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL listed its plans to address the “white collar” overtime exemption regulations with proposed rules next month, in November 2014. The section, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” appears on page 56 and 57 of the Agenda. At the time, we predicted that “even with a short 30-day comment period and a quick turnaround on a final rule, the DOL is unlikely to have any new regulation in place before spring 2015.”

From: E&E Publishing/Greenwire

Annie Snider

A little-known federal office that has long been a thorn in the side of regulatory reform advocates is taking center stage in the battle over a controversial water regulation.

The fireworks began in earnest last week when the Small Business Administration’s Office of Advocacy filed comments to the proposed water regulation that echoed talking points from industry and congressional opponents. The regulation would have a significant, direct impact on small entities, and U.S. EPA and the Army Corps of Engineers erred by not doing an analysis of those impacts, the office wrote, calling for the rule to be withdrawn (E&ENews PM, Oct 1).

Editor’s Note: If FSIS’s data on the health effects of the rule do not meet federal quality stanbdards, they can be challenged through the Data Quality Act.

From: Food Poisoning Bulletin

Food & Water Watch along with other organizations such as Consumer Federation of America and Center for Foodborne Illness Research and Prevention called on the Office of Management and Budget to finalize an inspection program for domestic and imported catfish. The USDA drafted a final rule on this matter back in 2008 but nothing has happened since then. The FDA currently regulates catfish. Domestic processors are currently inspected just once every 5 to 10 years; only 2% of imported catfish is inspected.

From: Nanotechnology Now

Lynn L. Bergeson, Managing Director; Bergeson & Campbell, P.C.

On October 6, 2014, the U.S. Environmental Protection Agency (EPA) submitted a proposed rule to the Office of Management and Budget (OMB) entitled “Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements.” See http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201404&RIN=2070-AJ54 The Regulatory Agenda item linked to the proposed rule states that EPA is developing a significant new use rule (SNUR) under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) that would require persons who intend to manufacture, import, or process these chemical substances for an activity that is designated as a significant new use by the proposed rule to notify EPA at least 90 days before commencing that activity. …  A previous proposed rule had been under OMB review since November 22, 2010. Neither proposed rule has been publicly released. 

From: Maclean’s

Editor’s Note: The complete letter from SBA’s Office of Advocacy to EPA and the Army Corps of Engineers is available here. Below are three brief excerpts.

Advocacy believes that EPA and the Corps have improperly certified the proposed rule under the Regulatory Flexibility Act (RFA) because it would have direct, significant effects on small businesses. Advocacy recommends that the agencies withdraw the rule and that the EPA conduct a Small Business Advocacy Review panel before proceeding any further with this rulemaking.