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  1. What are Regulatory Proxies Measuring? [Download]

    Title: What are Regulatory Proxies Measuring?
    Author: Pack, Terry
    Description: Without reliable measures of regulatory activity, attempts to understand regulations’ effect on the economy will be hindered, so the lack of correlation between the variables currently being used in the economic literature is troubling. The fact that none of them are closely correlated perhaps suggests that each variable captures a different facet of regulation, or perhaps our simple correlations do not adequately capture relationships among them. For example, one might expect CFR pages or constraints to follow the Regulators’ Budget or Federal Register pages with a lag (and our correlation measures include no lag). Nevertheless, these results suggest that further research is needed if we are to understand the effects of regulation on economic growth.
    Keywords: Regulation, Commentaries, Federal government, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  2. Sequester Does Not Appear to have Constrained Regulatory Agency Budgets [Download]

    Title: Sequester Does Not Appear to have Constrained Regulatory Agency Budgets
    Author: Dudley, Susan
    Description: Regulatory agencies’ budgets grew faster than inflation in 2012 and 2013, despite concerns about the sequester, and would continue to grow under President Obama’s proposed budget for 2014. Financial regulatory agencies, such as the Securities and Exchange Commission and the Consumer Financial Protection Bureau, fared particularly well over the last two years, receiving large budget and staffing increases to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Food and Drug Administration, to which the Food Safety Inspection Act of 2011 granted new authority, continues to grow, with projected two-year increases in outlays of more than $1.3 billion and additions of more than 2,000 employees. The Patent and Trademark Office has also experienced notable growth since 2010 as a result of the America Invents Act of 2011, which authorized it to set its own fees. It is slated for almost $700 million in new outlays in fiscal years 2013 and 2014, and more than 2,000 new staff.
    Keywords: Regulation, Commentaries, Federal government, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  3. Advances in eRulemaking Open Avenues for Public Participation [Download]

    Title: Advances in eRulemaking Open Avenues for Public Participation
    Author: Schwab, Jonathan
    Description: Federal regulation in the United States is at least nominally a collaborative project between the regulatory agencies and the public. The Administrative Procedure Act of 1946 and Presidential Executive Orders 12866 and 13563 require agencies to accept public comments on proposed rules and address them in revisions and final versions of rules. However, the volume of regulation and complicated nature of many regulatory proposals have historically made it difficult for citizens to be involved in the process. This was particularly true when the only access to documents supporting regulations were hard copies of materials stored in agency reading room filing cabinets. The advent of the Internet offered potential for significant improvements in transparency and public participation across the Federal government, and for over a decade, the federal government has been working to take advantage of new technologies and opportunities. In 2003, an interagency eRulemaking team released Regulations.gov, a centralized, searchable database of executive agencies’ regulatory actions that allows the public to submit comments on rules as well as view and respond to other comments. In the ten years since its release, Regulations.gov has won awards from the American Association of Law Libraries, the American Council for Technology, Adobe, and MeriTalk. It has also faced some constructive criticism regarding its ease of use, data accessibility and completeness, and its speed at adopting Web 2.0 technologies.
    Keywords: Regulation, Federal government, Commentaries, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  4. Reducing the Regulatory Burden: Recommendations for FDA’s Proposed Food Safety Rule [Download]

    Title: Reducing the Regulatory Burden: Recommendations for FDA’s Proposed Food Safety Rule
    Author: West, Cassidy B.
    Description: In January, the Food and Drug Administration (FDA) published a proposed rule, Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, establishing minimum standards for the safe growing, harvesting, packing, and holding of produce. Our examination of the proposed rule and supporting analysis reveals that the proposal does not meet the statutory and executive requirements nor does it consider unintended consequences that may result from the proposed safety standards; and the estimates used to support the benefits of the rule are based on unreliable data.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  5. Regulatory Reform in the 113th Congress [Download]

    Title: Regulatory Reform in the 113th Congress
    Author: West, Cassidy B.
    Description: The 113th Congress is considering various bills to reform how regulations are developed, analyzed, and reviewed. The GW Regulatory Studies Center tracks and classifies these bills based on information provided by the Library of Congress. The legislation is selected if it concerns improvements to the quality of government regulation. Regulatory reform may be economic or to mitigate some sort of harm that stems from the activity being regulated. The bills are classified using reform elements the GW Regulatory Studies Center considers to be integral to reforming the regulatory processes, procedures, and subsequent outcomes.
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  6. Toxic Sand? OSHA’s Challenge in Regulating Crystalline Silica [Download]

    Title: Toxic Sand? OSHA’s Challenge in Regulating Crystalline Silica
    Author: Dudley, Susan E.
    Description: The Occupational Safety and Health Administration’s new proposed regulation to reduce workplace exposure to crystalline silica has been almost 40 years in the making. Also called silicon dioxide (or, more commonly, quartz), crystalline silica occurs abundantly in sand, soil, and rock. OSHA first established a maximum permissible exposure level for crystalline silica in 1970 by adopting a consensus industry standard. Unfortunately, the form of that standard was obsolete by the time it was adopted, and OSHA issued an advance notice of proposed rulemaking to modify it in 1974, but took no further action. Then, in 1994 OSHA identified crystalline silica as one of a few top priority safety and health hazards, and, two years later, the International Agency for Research on Cancer concluded that “crystalline silica inhaled in the form of quartz or cristobalite from occupational sources is carcinogenic to humans.” In 1998, OSHA listed regulation of silica on its semi-annual agenda of upcoming regulatory actions and, by the fall of 1999, set itself a deadline of June 2000 for issuing a proposed rule. In 2002, OSHA revised the deadline to November 2003 and listed the proposed rule as one of its top priorities. This deadline kept slipping, however, until February 2011, when OSHA sent a draft of the rule to the Office of Information and Regulatory Affairs for interagency review. This review took an unusually-long two-and-a-half years to complete, but culminated in OSHA publishing a proposal on its website on August 23, 2013.
    Keywords: Commentaries, Federal government, Regulation, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  7. The Social Cost of Foregoing Public Participation in the SCC [Download]

    Title: The Social Cost of Foregoing Public Participation in the SCC
    Author: Dudley, Susan E.
    Description: The Department of Energy (“DOE”) is seeking public comment on whether it was appropriate to rely on an estimate of the “social cost of carbon” (“SCC”) in a final rulemaking without undergoing public comment. When DOE published a proposed rule to set energy efficiency standards for microwave ovens in February 2012, it sought public comment on its analysis of the regulation’s contribution toward reducing climate change, using an SCC of $25.6/metric ton. However, in June 2013, DOE defended its final rule with a much higher SCC value of $41.1/metric ton, increasing the anticipated net benefits of the rule by $438 million. An Interagency Working Group on the Social Cost of Carbon had developed this new SCC, and presented it in a “Technical Support Document” (SCC-TSD) as a fait accompli to the public in May. Our comment to DOE agrees that the SCC is conceptually the right way for agencies to organize their analyses of climate impacts and coordinate across different agencies engaged in climate policy. However, the influential nature of the SCC value for a variety of future policies, as well as the difficulties and uncertainties of calculating the SCC, demand conscientious attention— including public comment and peer review—to the task of getting it right.
    Keywords: Regulation, Federal government, Commentaries, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  8. Social Media in Rulemaking Workshop [Download]

    Title: Social Media in Rulemaking Workshop
    Author: Dudley, Susan E.
    Description: Federal agencies are increasingly turning to the Internet when conducting rulemaking. Regulations.gov, which originated as a central forum for agencies to post regulatory dockets and receive public comments, has offered expanding capabilities over its 10-year history. Nevertheless, according to a recent draft report prepared for the Administrative Conference of the United States, “for the most part, social media are used to get the word out about a rulemaking, but not as a mechanism through which the rulemaking is actually conducted.”
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  9. Costs of New Regulations Issued in 2012 Dwarf Those of Previous Years, According to OMB Report [Download]

    Title: Costs of New Regulations Issued in 2012 Dwarf Those of Previous Years, According to OMB Report
    Author: Dudley, Susan E.
    Description: The Office of Management and Budget quietly released its draft 2013 Report to Congress on the Benefits and Costs of Regulations on Friday, April 19, covering regulatory activity through the end (September 30) of fiscal year 2012. Recall that, as the presidential election approached, the White House was widely reported to be restraining the regulatory agencies out of concern for the state of the economy. Now that the results are tallied, however, there is little evidence of restraint. By the administration’s own estimates, the rules it issued in FY2012 alone imposed more costs on the economy than all the rules issued during the entire first terms of Presidents Bush and Clinton, combined.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  10. The Unbearable Lightness of Being Regulated [Download]

    Title: The Unbearable Lightness of Being Regulated
    Author: Dudley, Susan E.
    Description: Among the priorities highlighted in the introductory chapters of President Obama’s proposed 2014 Budget is a commitment to “a regulatory strategy that protects the safety and health of all Americans, while promoting continued economic growth and job creation.” The Budget claims that by carefully weighing the costs and benefits of new rules, “the net benefits of regulations issued through the third fiscal year of the first term have exceeded $91 billion. This amount, including not only monetary savings, but also lives saved and injuries prevented, is over 25 times the net benefits through the third fiscal year of the previous Administration.”
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018