Editor's Note: Watch live at 10:15 a.m. ET Thursday, September 29, as the Senate Homeland Security and Government Affairs Committee holds its confirmation hearing on Biden’s nominee for OIRA Administrator, Richard Revesz.

In an especially timely and insightful perspective informed by her previous post as former Chief Economist of the House Energy and Commerce Committee, RSC Research Professor Heidi King shares guidance on what to look for in a confirmation hearing on Capitol Hill.

ICYMI: Bipartisan group of six former OIRA Administrators (including Susan Dudley) sign letter supporting speedy consideration of this important nomination.

Other Notable Actions



Institutional Review Boards and Human Subjects

The FDA is proposing to amend its regulations to enhance the current system for oversight of FDA-regulated human subject research. The proposed rule would harmonize FDA's regulations on human subject protection and institutional review boards (IRBs) in accordance with the 21st Century Cures Act. Another FDA proposed rule would update its requirements for FDA-regulated cooperative research. Comments due November 28.

Apprenticeship Programs, Labor Standards for Registration

The Department of Labor (DOL) and Employment and Training Administration issued a final rule to rescind its 2020 regulation that established a process under which the Department's Office of Apprenticeship Administrator was authorized to grant recognition to qualified third-party entities and to evaluate and extend recognition to Industry-Recognized Apprenticeship Programs (IRAPs). Effective November 25.

Train Crew Size Safety Requirements

The Federal Railroad Administration (FRA) extended the comment period for its proposed rule that would establish safe minimum requirements for the size of train crews, depending on the type of operation. Comments now due December 2.

Unique Electronic Identification of Commercial Motor Vehicles

The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on whether the agency should amend safety regulations to require every commercial motor vehicle operating in interstate commerce to be equipped with electronic ID technology capable of wirelessly communicating a unique ID number when queried by a federal or state motor carrier safety enforcement personnel. Comments due November 22.

Vacating Asylum Application Regulations

The U.S. Citizenship and Immigration Services (USCIS) published a final rule implementing a vacatur that was issued by a federal district court in February 2022. The vacatur removes regulatory text governing asylum applications, interviews, and eligibility for employment authorization and an employment authorization document (EAD) based on a pending asylum application. Effective February 7, 2022.

Changes to the International Aviation Safety Assessment Program

The Federal Aviation Administration (FAA) issued a rule clarifying the International Aviation Safety Assessment (IASA) program to enhance engagement with civil aviation authorities through pre- and post-IASA assessment and to promote greater transparency. The policy changes aim to better mitigate international civil aviation safety risks and improve effectiveness and efficiency in executing the IASA process. Effective September 28.

Clean Hydrogen Production Standard

The DOE Office of Energy Efficiency and Renewable Energy announced and requested public comment on its draft guidance on the Clean Hydrogen Production Standard. The guidance establishes a target for the lifecycle emissions intensity of hydrogen production as required by the Infrastructure Investment and Jobs Act. Comments due October 20.

Eugene Volokh: Two Commentaries on the Fifth Circuit's Texas Social Media Law Decision

Jonathan H. Adler: Does the DC Bar Ethics Complaint Against Jeff Clark Implicate the Major Questions Doctrine?

Bruce Schneier: The Uber Hack Exposes More than Failed Data Security

Theodore J. Kury: As Hurricane Ian Nears, Florida’s Grid Should Benefit from Lessons of the Past

Rep. Stephanie Bice (R-Okla.): Administration’s Energy Policy: Ineptitude in the Short, Inaction in the Long

David M. Ozgo: Flavored Cigar Ban is Extreme Overreach by Biden’s FDA

George Tyler: The Republican Court's Contempt for Working Class Americans Matches its Disdain for Abortion

David Balto: Time to Rein in the Drug-Industry Middlemen Exploiting Patients

Washington Post Editorial Board: The Supreme Court Should Tread Carefully on Internet Speech

Governance & Politics

• Senate Democrats Fast-track Biden Regulations Nominee, E&E News
• Meet Richard Revesz, Biden’s Choice for Rules Czar, E&E News
• Senate to Hold Test Vote on Bill to Avert Government Shutdown, New York Times
• Biden Pushes Drug Price Wins, The Hill
• Congress to Advance ‘Clean’ FDA User Fee Deal, The Hill
• IRS Gets $80B in Additional Funding, Real Clear Policy
• House GOP Leaders Vow to Undo $80B to Rebuild IRS if Party Regains Majority, Federal News Network
• Gun Groups Challenge California Gun Law Modeled on Texas Abortion Measure, Politico
• After Rocky Start, Hopes Up in Oregon Drug Decriminalization, AP News
• Senators Push to Reform Police's Cellphone Tracking Tools, AP News
• Civil Rights Law Targets 'Cancer Alley' Discrimination, AP News
• With Software Memo Out, OMB Moves into Cyber EO Implementation Phase, Federal News Network
• EEOC to Propose Rules Codifying Electronic Filing Options for Feds, Government Executive
• The Labor Department Evolves its Efforts to Help States Deliver Unemployment Insurance, Government Executive
• Federal Agencies are Ignoring Most Building Safety Concerns Flagged by DHS, Government Executive

Financial Markets & Housing

• Does the Federal Reserve Regulate Cryptocurrency?, Forbes
• Are US Crypto Regulators Staking Out Territory Via Enforcement Actions?, Forbes
• Building a Bridge Between Crypto and the Regulators, Wall Street Journal
• Banks to Pay $1.1 Billion in Fines to Settle SEC WhatsApp Probe, Bloomberg
• ECB’s Villeroy Says Crypto Winter Shouldn’t Slow Regulation, Bloomberg
• Crypto Regulation Laggards Spur Arbitrage Risk - French Central Banker, Reuters

Energy & Environment

• Europe Weighs Climate Risks in Test That May Hit Bank Dividends, Bloomberg

Health & Safety

• Pfizer Requests Clearance for Children’s Covid-19 Booster, Wall Street Journal
• Asia to Roll Out Inhaled and Nasal-Spray Covid Vaccines, Wall Street Journal
• Arizona Judge: State Can Enforce Near-total Abortion Ban, AP News
• DOJ's Plans to Defend Feds Performing Abortions, Government Executive
• DoD Moves Forward with Plans to Help Victims of Sexual Assault as Reports Hit All-time High, Federal News Network

Business & Technology

• Amazon, Microsoft, Google Face Cloud-Services Examination in UK, Wall Street Journal
• Wall Street to Pay $1.8 Billion in Fines Over Traders’ Use of Banned Messaging Apps, Wall Street Journal
• SEC Fines ESG Investment Firm Wave Equity Partners Over Fee Issues, Wall Street Journal
• A $100 Million Deli? Not So Fast, US Prosecutors Say, New York Times
• Why a Weak British Pound Matters, New York Times
• Biden Proposes Rule to Aid Farmers in Dealing With Meat, Poultry Processors, Bloomberg
• Dating Apps Thrive in China, but Not Just for Romance, New York Times
• Where is Sports Betting Legal in the US?, Washington Post
• States Can Attract More Entrepreneurs by Sharing Sandboxes, Real Clear Policy
• US Farmers Urge Washington to Challenge Mexico's Looming Ban on GM Corn, Reuters

Transportation & Infrastructure

• Boeing to Pay $200 Million to Settle SEC’s 737 MAX Probe, Wall Street Journal
• While You’re in the Air, Pilots’ Key Partners May Be Working From Home, New York Times
• Biden to Propose New Rule Requiring Airlines to Disclose Extra Fees Upfront, The Hill
• Airlines Would Have to Disclose Fees Under Proposed New Rules, Bloomberg
• Biden Administration Challenges Airline Alliance as Antitrust Trial Begins, Washington Post
• JetBlue CEO First Witness in US Lawsuit Against 2 Airlines, Washington Post
• Supreme Court’s Inaction On Labor-Law Class Actions Instigates Flight Of Airline Attendants’ Base From California, Forbes

Education

• CBO: White House Plan to Cancel Student Loan Debt Costs $400B, Washington Post
• Group Sues to Block Biden’s Student Loan Forgiveness Plan, The Hill