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Regulation Digest

April 12, 2023

Vol. 12, No. 15

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Modernizing Regulatory Review Actions, Susan Dudley

- Regulatory Uncertainty Amid the Banking Crisis, Zhoudan (Zoey) Xie

- Affirmatively Furthering Fair Housing: Public Interest Comment & Podcast, Sarah Hay

(Deadline for comments extended to April 24.)


- White House Moves to Modernize Regulatory Review, Bridget C.E. Dooling

- Emily Bremer's “Power Corrupts”, Daniel Deacon

American Action Forum

- Primer: Banning TikTok, Joshua Levine


- The EPA Regulatory Reconsideration of Fine Particulates, Benjamin Zycher


- White House Order and Guidance on Regulatory Review Reflect ACUS Recommendations, Harry Seidman

- Request for Comment: Identifying and Reducing Burdens in Administrative Processes, due by 4/17

American Prospect

- A Revolution in Cost-Benefit Rules, Robert Kuttner


- Federal Investment Can Chart a New Future for Regions Dependent on Fossil Fuel, Glencora Haskins & Joseph Parilla

Cato Institute

- New Government Proposals to Classify by Race and Ethnicity, John F. Early

- Analyzing the Consequences of Recent Youth Online Safety Proposals, Jennifer Huddleston


- What Recent Court Rulings on Mifepristone Mean for Drug Safety, Sabrina Talukder et al.

- Bank Failures Highlight Need for a Strong and Independent CFPB, Lilith Fellowes-Granda & Crystal Weise


- Biden Order a Strong First Step Toward a Regulatory System ‘For the People’, James Goodwin


- Modernizing Regulatory Review EO Will Undermine Review, Clyde Wayne Crews

- EPA’s Premature Proposal on Particulate Matter, Daren Bakst

Federalist Society

- Event: 11th Annual Executive Branch Review Conference, 4/25


- Sticker Shock at the Grocery Store

- Mammography Quality Standards Act

Heritage Foundation 

- Free Enterprise and the Common Good, Alexander Salter


- Labeling Incorrect AI Output as Deceptive Would be Misguided, Morgan Stevens & Daniel Castro

Manhattan Institute

- Pandemic-era Medicaid Expansion: Roll it Back, Joel Zinberg

- Finance After SVB, Richard J. Shinder

Mercatus Center

- Noncompetes Rule Requires Rethinking, Alden Abbott & Liya Palagashvili

- Ethical Issues Surrounding Opioid Regulation, Nita Ghei


- Event: Public Economics Program Meeting, 4/13-4/14

- Five Myths About Carbon Pricing, Gilbert E. Metcalf

Niskanen Center

- The Ugly Duckling of Affordable Housing, Alex Armlovich & Andrew Justus

Pew Trusts

- Community Trust is Key to Infrastructure Investments, Mimi Majumdar Narayan

Public Citizen

- Toyota’s New EV Strategy Falls Short, Erika Thi Patterson


- Podcast: Banning TikTok is Unwarranted, Nick Gillespie et al. 

- Don't Give the FTC a Big Budget Just to Punish Big Firms, Isaac Schick

R Street

- What’s the Effect of Making Profit Illegal?, Philip Rossetti

Resources for the Future

- Accounting for Capital Displacement in Benefit–Cost Analysis, Richard G. Newell et al.

- Video: Exploring OMB’s Updated Benefit-Cost Guidance, Richard Revesz et al. 

- Climate Scenario Analysis 101, Yanjun (Penny) Liao


- Seeking Committee Volunteers to Plan Upcoming Events

- Event: Benefit-Cost Analysis for Beginners, 4/28


- Strategic Complementarities and (Robust) Regulatory Disclosures, Nicolas Inostroza

The Regulatory Review

- Regulating to Improve Methadone Access, Vinzent Will. (Feat. RSC's Laura Stanley and Bridget Dooling)

- Regulators Propose Updates to CRA Rules, Ayo Aladesanmi

- Sugar, Spice, Are Additives Nice?, Mary Moynihan

Tech Policy Institute

- Podcast: The Effects of AI on Workers and Firms, Scott Wallsten & Kristina McElheran

Urban Institute

- In Defense of the Federal Home Loan Banks, Jim Parrott & Mark M. Zandi

US Chamber of Commerce

- Public Policy Risks Faced by Companies Soar

Agency Rulemaking Highlights

Modernizing Regulatory Review

  • President Biden issued Executive Order (EO) 14094, which supplements and reaffirms important elements of EO 12866. The document moves the threshold for “economically significant” regulations to $200 million with a requirement to adjust that threshold every three years for inflation, directs agencies and the Office of Information and Regulatory Affairs (OIRA) to implement measures that seek to make public participation more inclusive and transparent, and directs the Office of Management and Budget (OMB) to revise guidance on regulatory analysis.

  • OMB published a request for comments on guidance for implementing Section 2(e) of EO 14094 related to reforming the process by which the public requests meetings with OIRA on regulatory actions under review pursuant to EO 12866. Comments due June 6.

See overviews of the Modernizing Regulatory Review actions by RSC’s Susan Dudley and Bridget Dooling

Proposed Vehicle Emission Standards for Model Year 2027

The Environmental Protection Agency (EPA) is proposing new federal emissions standards for light/medium duty and heavy duty vehicles which would avoid a projected 10 billion tons of CO2 emissions through 2055. The proposal is also projected to accelerate the transition to electric vehicles (EVs): EPA contends EVs could account for 67% of new light-duty vehicle sales and 46% of new medium-duty vehicle sales in model year 2032. Following publication in the Federal Register, comments due within 50 days for the heavy-duty vehicle proposal and within 60 days for the light/medium duty vehicle proposal.

Petroleum-Equivalent Fuel Economy Calculation

The Office of Energy Efficiency and Renewable Energy proposes to revise its procedures for calculating a value for the petroleum-equivalent fuel economy of EVs for use in the Corporate Average Fuel Economy (CAFE) program administered by the Department of Transportation. Comments due June 12.

Medicare Program Updates for 2024

The Centers for Medicare & Medicaid Services (CMS) issued a final rule revising the Medicare Advantage (Part C), Medicare Prescription Drug Benefit (Part D), Medicare cost plan, and Programs of All-Inclusive Care for the Elderly (PACE) regulations. The rule implements changes related to Star Ratings, marketing and communications, health equity, provider directories, coverage criteria, prior authorization, passive enrollment, and other program areas. Effective June 5. Concurrently, CMS issued proposed rules on Medicare’s Inpatient Psychiatric Facilities Prospective Payment System-Rate Update and Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities, both with a due date for comments of June 5. For a third proposed rule, Inpatient Rehabilitation Facility Prospective Payment System, CMS is accepting comments through June 2.

Eliminating Unlawful Text Messages

The Federal Communications Commission issued a final rule requiring mobile wireless providers to block texts, at the network level, on a reasonable Do-Not-Originate list which includes phone numbers that are invalid, unused, or from numbers a subscriber has requested be blocked. Effective May 11.


Use of Salt Substitutes

The Food and Drug Administration is proposing to amend its regulations that specify salt (sodium chloride) as a required or optional ingredient to permit the use of salt substitutes in standardized foods, in order to reduce the sodium content. The proposal seeks to support a healthier food supply while facilitating innovation and maintaining the foods’ essential characteristics. Comments due August 8.

The Opinion Section

Washington Post Editorial Board: The Abortion Pill Should Remain Available While Courts Deliberate 

Liz Borkowski & Julia Strasser: A Bad Medication Abortion Decision Threatens the Future Availability of Drugs in the US

Paul Weinstein Jr.: More Bank Failures if Congress and Biden Can’t Cut a Debt Deal

Aurelien Portuese: US Antitrust Kneecaps Companies Trying to Compete Globally

Lisa Jarvis: Abortion Pill Mifepristone Ruling Threatens Pharmaceutical Innovation

Tim Culpan: China's Regulators Aren't Done Yet With Their Tech Crackdown

Dan Becker & Maya Golden-Krasner: One Decision Can Help Get Biden’s Climate Goals Back on Track

Wall Street Journal Editorial Board: A Legal Clash Over the Abortion Pill

Wall Street Journal Editorial Board: Biden’s Biased Housing Bias Rule

Aaron Klein: Why FDR Limited FDIC Coverage

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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