Rulemaking Process

News & Analysis as of

CFPB finalizes December 2011 interim final rules

The CFPB has issued a final rule that adopts as final, the interim final rules issued  by the CFPB in December 2011 in connection with the Dodd-Frank Act’s general transfer of rulemaking authority to the CFPB for the consumer...more

Pennsylvania Independent Regulatory Review Commission Approves Oil and Gas Rulemaking

The purpose of the rulemaking is to modify and update existing requirements related to surface activities associated with the development of conventional and unconventional oil and gas wells....more

FDA Extends Comment Period on Third-Party Medical Device Servicing

As an update to my post on Friday, April 22, FDA has extended the deadline for comments on third-party servicing of medical devices. According to FDA’s notice of extension, comments are now due by June 3, 2016....more

North Carolina ABC Commission To Hold Meetings to Discuss Rule Revisions

Beginning in May 2016, the North Carolina ABC Commission will hold a series of “informal chat sessions” to discuss needed revisions to the ABC regulations. These sessions are not the public hearings that are required during...more

FDA Active on the Device Front for Q1 2016

Additional guidance documents are expected. The US Food and Drug Administration’s (FDA’s) first quarter of calendar-year 2016 has been a busy one on the medical device front. FDA’s Center for Devices and Radiological...more

Advertising Industry Asks for More Time to Weigh in on Controversial FCC Proposal

The Association of National Advertisers (ANA) has asked the Federal Communications Commission (FCC) for an additional two months to comment on proposed privacy rules that would limit broadband providers' ability to engage in...more

Massachusetts solar legislation signed

Massachusetts Governor Charlie Baker has signed a bill passed by the state legislature to expand the Massachusetts solar industry and establish a long-term framework for sustainable solar development. The bill, An Act...more

Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC

The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations. These...more

Lawmakers Request That the CFPB Consult With State Officials Before Proceeding With Its Proposed Rulemaking on Short-Term Lending

In an April 8, 2016 letter to Richard Cordray, Director of the Consumer Financial Protection Bureau (“CFPB,” or “Bureau”), Representatives Randy Neugebauer (R-TX) and Mick Mulvaney (R-SC) requested that the Bureau convene a...more

FAA Drone Panel's Report a Major Step Toward Newsgathering Over People

Yesterday, April 6, a panel of industry experts assembled by the Federal Aviation Administration (FAA) submitted its report recommending a new regulatory framework for the flight of unmanned aircraft systems (UAS), or drones,...more

USPTO Amends Rules of Practice for Trials Before the Patent Trial and Appeal Board

On April 1, 2016, the U.S. Patent and Trademark Office (PTO) issued a series of amendments to the rules of practice for trials at the Patent Trial and Appeal Board (PTAB). The new rules were published today, April 1, in the...more

Short Comment Period for Revised Prop 65 Warning Regulations

On Friday, March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) released another set of proposed revisions to the Prop 65 warning label regulations. The comment period is very short – only...more

The SEC Speaks in 2016: Division of Corporation Finance Panel

Senior members of the Division of Corporation Finance (“Corp Fin”) of the U.S. Securities and Exchange Commission (SEC) gathered with two former SEC commissioners at the Practising Law Institute’s annual “SEC Speaks”...more

Oklahoma Tax Commission 2016 Proposed Administrative Rules Changes

The Oklahoma Tax Commission (“Tax Commission”) has published 2016 proposed changes to its administrative rules with respect to Oklahoma taxes ("OTC Rules"). The OTC Rules are formal statements of policy written by the...more

Tied House Laws and Category Management: A Continuing Quandary

On March 16, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) published a list of frequently asked questions expanding further on a ruling issued in February on application of the federal “tied house law” to...more

OSHA Withdraws Long-Planned Rule To Reduce Slips, Trips And Falls

In what can only be viewed as another example of OSHA’s inability to effectively advance its rulemaking agenda, OSHA recently withdrew from the Office of Management and Budget (OMB) review of its quarter-century-in-the-making...more

Director Cordray appears before House Financial Services Committee

Director Cordray was the sole witness at the hearing held yesterday by the House Financial Services Committee, which was entitled “The Semi-Annual Report of the Bureau of Consumer Financial Protection.” In November 2015, the...more

Crowdfunding: Disclosing Both Pros and Cons?

Crowdfunding has grown tremendously in the past few years, and with the recent finalization by the Securities and Exchange Commission of its rulemaking under a 2012 law, there may be an even greater expansion of investor...more

Handicapping Clean Power Plan Outcomes – Petitioners’ Briefs

The petitioners challenging the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP) in the U.S. Court of Appeals for the D.C. Circuit filed their joint opening briefs on February 19, 2016. The Opening Briefs of...more

FINRA and T+2: The Rule Roll-Out Begins

As the U.S. financial markets commence their move towards a T+2 settlement period, FINRA has introduced a proposed set of rule changes designed to support this change. The current timetable contemplates that the changes...more

FinCEN Withdraws Findings and Proposed Rulemakings

On February 19, FinCEN withdrew three findings and proposed rulemakings under Section 311 of the USA PATRIOT Act. FinCEN determined that the three entities subject to the proposed rulemakings “no longer pose a money...more

U.S. Senate and House Members Urge SEC to Require Further Board Nominee Diversity Disclosures

On March 2, 2016, a number of U.S. Senate and House members sent a letter to SEC Chair Mary Jo White urging the Commission to speed-up its review of a rulemaking petition that would require increased disclosures regarding...more

The Fight against a new Fiduciary Rule continues

It should come as no surprise that the Senate and the House of Representatives are trying to do their best to make sure that the Department of Labor (DOL) is thwarted with implementing a fiduciary rule for retirement plan and...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - February 2016

This edition of the Cozen O’Connor Aviation Regulatory Update includes the recently signed U.S.-Mexico bilateral agreement that liberalizes air services between the two countries, new Cuba-related regulations loosening...more

The SEC’s (Re-)Proposed Resource Extraction Issuer Disclosure Rule – An Update, Deep Dive and Selected Takeaways and Action Items...

During December, the Securities and Exchange Commission (SEC) issued its long-awaited proposed rule (the Rule) on the disclosure of resource extraction payments by public companies. Under the Rule, a resource extraction...more

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