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  1. eRulemaking Challenges in the United States [Download]

    Title: eRulemaking Challenges in the United States
    Author: Otis, Rick
    Description: We define eRulemaking as the application of information technology to the process of developing regulations. It offers the potential to substantially transform the process and the use of regulatory information by improving internal government operations, enhancing transparency and public engagement, creating more productive deliberation and collaboration mechanisms, reducing time delays, simplifying terminology, making document formats more consistent and understandable, and improving regulatory outcomes. It also offers the potential to better coordinate related statutes, regulations, legal reviews, compliance, enforcement, and programmatic evaluation.
    Keywords: Regulation, Working Paper, Technology, Public Policy, Regulatory Studies, Modernization
    Date Uploaded: 12/14/2017
  2. Public Commenting on Federal Agency Regulations: Research on Current Practices and Recommendations to the Administrative Conference of the United States [Download]

    Title: Public Commenting on Federal Agency Regulations: Research on Current Practices and Recommendations to the Administrative Conference of the United States
    Author: Balla, Steven
    Description: This report, commissioned by the Administrative Conference of the United States (ACUS), investigates agency practices in soliciting, circulating, and responding to public comments during the federal rulemaking process. Specifically, the report develops recommendations regarding the following aspects of the public commenting: 1. Should there be a required, or at least recommended, minimum length for a comment period? 2. Should agencies immediately make comments publicly available? Should they permit a “reply comment” period? 3. Must agencies reply to all comments, even if they take no further action on a rule for years? Do comments eventually become sufficiently “stale” that they could not support a final rule without further comment? 4. Under what circumstances should an agency be permitted to keep comments confidential and/or anonymous? 5. What effects do comments actually have on agency rules? The report considers three sources of information as the bases for developing recommendations in these areas of public commenting.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy , Regulatory Studies
    Date Uploaded: 12/14/2017
  3. Regulatory Subsidies: A Primer [Download]

    Title: Regulatory Subsidies: A Primer
    Author: Mannix, Brian F.
    Description: Subsidies are a commonplace feature of government programs, and can be found in regulatory programs as well as in budget expenditures and in the tax code. An accurate accounting of regulatory subsidies, accessible to the general public, could improve government regulation by helping to ensure that such subsidies are used only when, and to the degree that, they serve a sound public purpose. This is easier said than done, however. This paper explores the concept of a regulatory subsidy and review some examples. A more technical Appendix examines some of the obstacles to creating a clear accounting of regulatory subsidies, and suggest areas where useful studies might be pursued.
    Keywords: Regulation, Working Paper, Public Policy, Regulatory Studies, Subsidies
    Date Uploaded: 12/14/2017
  4. EPA’s Retrospective Review of Regulations: Will it Reduce Manufacturing Burdens? [Download]

    Title: EPA’s Retrospective Review of Regulations: Will it Reduce Manufacturing Burdens?
    Author: Miller, Sofie E.
    Description: Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to review existing regulations “that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” This paper examines the initial results of that review to understand whether actions pursued under this initiative are likely to be successful at reducing regulatory burden. Since reports suggest that the manufacturing sector bears greater regulatory burdens than other sectors3 , and that regulations issued by the Environmental Protection Agency (EPA) impose particularly high costs on this sector, the focus here is on the expected effects on the manufacturing sector of EPA’s identified reforms. The paper first reviews the President’s directives to agencies, and EPA’s retrospective review action plan. It then examines the effect of EPA regulations on the manufacturing sector through several different lenses. Finally, it evaluates the regulatory actions EPA identified through its retrospective analysis to determine whether they can be expected to reduce regulatory burdens on the manufacturing sector.
    Keywords: Regulation, Working Paper, Environmental Policy, Public Policy, Regulatory Studies, Regulatory Policy, Environmental Protection Agency
    Date Uploaded: 12/14/2017
  5. Determining the Proper Scope of Climate Change Benefits [Download]

    Title: Determining the Proper Scope of Climate Change Benefits
    Author: Gayer, Ted
    Description: Although benefit assessment principles are well established for defined populations, there has been very little attention to how one defines the scope of the pertinent population for the assessment. Whose social welfare matters and whose benefits should be included in the assessment? Should there be any linkage between the benefits and the political jurisdiction whose citizens are paying for the policy? For national regulatory policies, the norm has been to assess benefits to U.S. citizens. This article reviews the norms for the scope of benefit assessment base on executive orders and the laws governing risk and environmental regulations.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy, Regulatory Studies, Environment, Climate Change
    Date Uploaded: 12/14/2017
  6. Notice & Comment: How Agencies Use Advance Notices of Proposed Rulemaking [Download]

    Title: Notice & Comment: How Agencies Use Advance Notices of Proposed Rulemaking
    Author: Arumugam, Saayee
    Description: On June 4, 2015, Susan E. Dudley appeared before a Roundtable Discussion of the Senate Subcommittee on Regulatory Affairs and Federal Management and gave testimony on practical solutions for improving the federal regulatory process. During the discussion, members of the subcommittee mentioned the possibility of using advance notices of proposed rulemaking (ANPRMs) to improve public participation in the rulemaking process. For example, Congress is considering legislation that would require ANPRMs for all major regulations and rules that raise novel legal and policy issues. The Administrative Procedure Act does not require, or even mention, ANPRMs. ANPRMs are different from proposed rules in that they don’t typically present a particular policy proposal on which the public can comment. Instead, they might seek comments from the public on more general topics, such as what type of information hydraulic fracturing operations should report or how to subject grocery stores to implementation of the FDA Food Safety Modernization Act. These ANPRMs are intended to gather data or perspectives from the public before the agency has settled on a specific policy solution or group of specific policy solutions.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  7. Can Fiscal Budget Concepts Improve Regulation? [Download]

    Title: Can Fiscal Budget Concepts Improve Regulation?
    Author: Dudley, Susan E.
    Description: Despite efforts to ensure that new regulations provide net benefits to citizens, the accumulation of regulations threatens economic growth and well-being. As a result, the U.S. legislature is exploring the possibility that applying fiscal budgeting concepts to regulation could bring more accountability and transparency to the regulatory process. This paper examines the advantages and challenges of applying regulatory budgeting practices, and draws some preliminary conclusions based on successful experiences in other countries.
    Keywords: Regulation, Working Paper, Fiscal Budget, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  8. Whose Benefits Are They, Anyway? Examining the Benefits of Energy Efficiency Rules 2007 - 2014 [Download]

    Title: Whose Benefits Are They, Anyway? Examining the Benefits of Energy Efficiency Rules 2007 - 2014
    Author: Miller, Sofie E.
    Description: The Energy Policy and Conservation Act authorizes the Department of Energy (DOE) to establish energy efficiency standards for consumer appliances that are both technologically feasible and economically justified, while also resulting in a “significant conservation of energy.” To justify its regulations, DOE relies almost entirely on two specific types of regulatory benefits: the cost savings consumers are estimated to enjoy over the life of a more energy efficient appliance, and international benefits associated with reducing the impacts of climate change. To explore these benefits, this paper first examines the composition of benefits from energy efficiency regulations as reported by the Department of Energy over the past 10 years. It then examines arguments for and against inclusion of these benefits in regulatory impact analysis, including whether attributing large private benefits to energy efficiency rules is consistent with standard economic assumptions of consumer sovereignty, and the appropriateness of including international benefits in domestic rulemakings.
    Keywords: Regulation, Working Paper, Energy Efficiency, Public Interest, Public Policy , Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  9. Learning from Experience: Retrospective Review of Regulations in 2014 [Download]

    Title: Learning from Experience: Retrospective Review of Regulations in 2014
    Author: Miller, Sofie E.
    Description: Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to review existing regulations “that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” Evaluating whether the intended outcomes of regulations are met ex post can be challenging, so multiple government guidelines instruct agencies to incorporate retrospective review plans into their proposals during the rulemaking process. To support this effort, the George Washington University Regulatory Studies Center examined significant regulations proposed in 2014 to assess whether they included plans for retrospective review, and provided recommendations for how best to do so. This paper finds that, despite these guidelines, agencies are not planning prospectively for ex post analysis of their rules and provides agencies with three recommendations to facilitate transparency, public accountability, and measurement of their rules’ success.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  10. Identifying Regulations Affecting International Trade and Investment: Better Classification Could Improve Regulatory Cooperation [Download]

    Title: Identifying Regulations Affecting International Trade and Investment: Better Classification Could Improve Regulatory Cooperation
    Author: Pérez, Daniel R.
    Description: Although technological and political innovations have reduced many of the traditional barriers to international trade and investment flows, regulatory differences between countries persist as lingering barriers to trade. Countries agree that notifying each other of upcoming regulations that may affect international trade and investment is an important mechanism of international regulatory cooperation, which attempts to minimize the creation of unnecessary and costly regulatory divergence. Since 2008 regulatory agencies in the United States have been required to flag regulations they intend to issue that are likely to have an effect on international trade and investment. This paper quantifies how many of the thousands of rules published every year by U.S. agencies are likely to have a significant effect on international trade and investment and analyzes how well agencies are performing at flagging these rules. The results indicate that there is much room for improvement in notifying trade partners and expanding stakeholder participation to improve the outcomes of rulemaking.
    Keywords: Regulation, Working Paper, International Trade, Investment, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017