Welcome to Overnight Regulations, your daily rundown of news from Capitol Hill and beyond. It’s Thursday evening here in Washington and we can’t believe it’s almost Friday already.
Here’s the latest.
THE BIG STORY
Obama’s regulatory window is closing.
While there is disagreement among experts about the drop-dead date, most say the administration has only until the spring or early summer to pursue additional environmental, health and labor protections before Obama leaves office.
Sam Batkins, the director of regulatory policy at the conservative American Action Forum, estimated the president has until May 17 to issue regulations without fear that the next Congress or administration will reverse them.
{mosads}”The administration generally knows this date and is aware of the Congressional Review Act, and members of Congress are aware as well,” he said.
Under the Congressional Review Act (CRA), lawmakers have 60 legislative days to overturn a regulation from the administration.
But if lawmakers are not in session for the 60 days before adjourning their final session, the clock resets, and the new Congress is given another 60 days to act.
That’s the very scenario that took place in 2001, the one time Congress succeeded in using the CRA to overturn a rule.
“It’s been used exactly once at the turn of the administration from Clinton to Bush to overturn [Occupational Safety and Health Administration’s] controversial ergonomics regulation,” said Stuart Shapiro, an associate professor and director of the public policy program at Rutgers University.
But the mere threat of a regulation being reversed is something the administration is eager to avoid, with the White House seeking to craft a legacy for the president that will stand the test of time.
Read the full story here: http://bit.ly/1UND2XB
ON TAP FOR FRIDAY
Free food: The Congressional Vegetarian Staff Association will serve free, meatless Super Bowl snacks in the Capitol Visitors Center at noon. First come, first served.
TOMORROW’S REGS TODAY
The Obama administration will publish 195 new regulations, proposed rules, notices and other administrative actions in Friday’s edition of the Federal Register.
–The Federal Transit Administration (FTA) will propose new safety requirements for public transportation systems.
The proposed rules would require local public transportation agencies that receive federal money to develop safety plans for their bus and train systems.
The safety plans will “ensure that public transportation systems are safe nationwide,” the agency writes.
The FTA estimates the safety plans will cost $86 million to implement in the first year, and $70 million each year after that.
The public has 60 days to comment. http://bit.ly/1PVgyQb
–The Department of Homeland Security (DHS) will issue new ethics rules for its own employees.
The ethics rules go beyond existing rules for federal workers. They include “employee restrictions on the purchase of certain government-owned property; require employees to report allegations of waste, fraud, and abuse; require employees to seek prior approval for certain outside employment and activities; [and] prohibit employees in some DHS components from engaging in certain types of outside employment activities,” according to the agency.
The new rules go into effect in 30 days. http://bit.ly/1PDrs1c
–The Drug Enforcement Administration (DEA) will crack down on synthetic marijuana.
The DEA is temporarily adding a new synthetic cannabinoid to its list of banned substances. The agency commonly bans new forms of pot that show up on the market.
“This action is based on a finding by the administrator that the placement of this synthetic cannabinoid into schedule I of the Controlled Substances Act is necessary to avoid an imminent hazard to the public safety,” the agency writes.
The prohibition goes into effect immediately. http://bit.ly/1PVgFeC
–The Federal Motor Carrier Safety Administration (FMCSA) will consider exempting two truck drivers who have narcolepsy from rules that would otherwise prohibit them from operating commercial motor vehicles.
Narcolepsy is a condition that causes people to lose consciousness and fall asleep in the middle of the day. The FMCSA prohibits most people with this condition from driving.
But the FMCSA is considering exemptions for these two truck drivers, because they are receiving medical treatment for narcolepsy.
The public has 30 days to comment. http://bit.ly/1oaBBs6
NEWS RIGHT NOW
Window on Obama regs closing. http://bit.ly/1UND2XB
White House to Supreme Court: Bid to block climate rule ‘unprecedented.’ http://bit.ly/1UOvGmX
House passes bill to halt ‘Operation Choke Point.’ http://bit.ly/1TH8jNy
Ryan pledges action on criminal justice reform. http://bit.ly/1P9sRew
Feds declare ‘No Drone Zone’ for Super Bowl. http://bit.ly/20JFKkJ
Dem presses Amazon to stop selling gun-shaped cellphone cases. http://bit.ly/20JF5j7
Dems push $25B boost for childcare programs. http://bit.ly/1T0CiR8
USDA finalizes new standards for ground chicken and turkey. http://bit.ly/1K1gq5v
BY THE NUMBERS
$25 billion: Amount Democrats want feds to spend to increase childcare access for low-income families.
QUOTE OF THE DAY
“It would be nearly impossible for a cop on the street to tell the difference between these [gun-shaped cellphone] cases and actual firearms. It is not a question of if, but when a police officer runs into an individual holding one of these cases in a dangerous situation. The end result of that encounter could be tragic,” — Rep. Eliot Engel (D-N.Y.).
Engel is pushing Amazon to stop selling cellphone cases shaped like guns. http://bit.ly/20JF5j7
We’ll work to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page (http://digital-staging.thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@digital-staging.thehill.com or lwheeler@digital-staging.thehill.com. And follow us at @timdevaney and @wheelerlydia.
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