News & Analysis as of

Advanced Notice of Proposed Rulemaking (ANPRM)

2018 Outlook on the Clean Power Plan

Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was rife with statements, some...more

Drone Détente: Administration Signals Movement on Key Rules

by Jones Day on

The Situation: Based on a pair of recent actions relating to unmanned aircraft systems, the U.S. Federal Aviation Administration appears to be making progress toward publishing long-awaited rules of interest to potential...more

TTB Updates to the Semi-Annual Regulatory Agenda

by McDermott Will & Emery on

Last week in its regular newsletter, Alcohol and Tobacco Tax and Trade Bureau (TTB) announced updates to the Fall edition of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)....more

DOJ Officially Pulls the Plug on Regulations Already on Life Support

In a move that surprises no one, the Department of Justice (DOJ) has announced today, December 26, 2017, that it has officially withdrawn its two Advanced Notices of Proposed Rulemaking (ANPRM) related to website...more

EPA Takes Initial Step to Replace Clean Power Plan

by Miles & Stockbridge P.C. on

Uncertainty and speculation have swirled over the last few months regarding whether U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt would replace the Clean Power Plan (CPP) after proposing to repeal the...more

EPA Solicits Input on Greenhouse Gas Emissions Limits for Existing Electric Utility Generating Units

by Husch Blackwell LLP on

On December 18, 2017, EPA Administrator Scott Pruitt signed an advanced notice of proposed rulemaking (“ANPRM”) to solicit input regarding the emissions guidelines limiting greenhouse gas (“GHG”) emissions from existing...more

EPA Seeks Comments on Clean Power Plan Replacement

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) released an Advanced Notice of Proposed Rulemaking (ANPR) on Dec. 18, 2017, soliciting comments on its intention to propose a replacement rule for the Clean Power Plan (CPP). The...more

Labor Department Proposes A Reversal Of Its Current Tip-Pooling Rules

by Foley & Lardner LLP on

On December 5, the Department of Labor published a Notice of Proposed Rulemaking to reverse its 2011 rule prohibiting employers from sharing tips obtained by service workers with non-tipped staff. The proposed rule would...more

Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

by Fisher Phillips on

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building,...more

Federal Court Finds Telephonic Access Could Be an Alternative to Website Accessibility

A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The...more

STB Revisits its Ban on Ex Parte Communications in Rulemaking Proceedings

by Holland & Knight LLP on

The Surface Transportation Board has taken a significant step in modernizing its regulatory processes by proposing to eliminate its long-standing prohibition on ex parte communications in its informal rulemaking proceedings....more

Uncertainty Increases After DOJ Drops ADA Regulations

Uncertainty for online retailers increased after the Department of Justice (DOJ) pressed pause on its plans to issue regulations under Title III of the Americans with Disabilities Act (ADA)....more

DOT Issues Its Latest Status Update on Significant Pending Aviation-Related Rulemakings

by Cozen O'Connor on

The U.S. Department of Transportation (DOT) recently issued a Significant Rulemaking Report, the first such report released under the Trump administration, providing the status of various pending rulemaking initiatives. The...more

DOT Backs Away From Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation. This week the U.S. Department of Transportation has withdrawn its March 10, 2016 Advance Notice of...more

CMS Extends Comment Period for New SNF PPS Methodology Proposal

by Baker Ober Health Law on

On May 4, for the first time in nearly 15 years, CMS issued an Advanced Notice of Proposed Rulemaking (ANPRM) proposing a total overhaul of the current reimbursement methodology for skilled nursing facilities (SNFs). The...more

FDA Announces Major Tobacco Regulatory Policy Shift; Will Address Lowering Nicotine to Non-Addictive Levels, Delay Marketing...

On July 28, 2017, the U.S. Food and Drug Administration (FDA or the Agency) announced a new, comprehensive plan for tobacco and nicotine regulation that will place nicotine, and the issue of addiction, at the center of the...more

CMS Extends Comment Period on SNF Case Mix Methodology ANPRM

by Reed Smith on

CMS is extending the comment period on its May 4, 2017 advance notice of proposed rulemaking (ANPRM) discussing plans to revise the basis for the Medicare skilled nursing facility (SNF) prospective payment system (PPS). As...more

CMS Proposes to Eliminate Therapy-Driven SNF Reimbursement

by Baker Ober Health Law on

It should come as no surprise to anyone working with skilled nursing facilities (SNFs) that CMS has been exploring ways to adjust its current payment model to reduce or eliminate skilled therapy utilization as the primary...more

A Faster Track to Rate Relief? Maybe and Maybe Not.

by Freeborn & Peters LLP on

After conducting informal meetings with stakeholders, issuing an Advance Notice of Proposed Rulemaking in June, 2016 and receiving hundreds of pages of comments, the STB last week issued a Notice of Proposed Rulemaking...more

Federal Court in Los Angeles Dismisses Website Accessibility Claims

On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit in a ruling that raises hopes for those battling the massive wave of web accessibility...more

NCUA Requests Public Comment on Use of Alternative Capital for Credit Unions

by Womble Bond Dickinson on

The National Credit Union Administration (“NCUA”) has issued an Advanced Notice of Proposed Rulemaking (the “Rulemaking”) addressing the use of alternative capital for federally insured credit unions (“FICUs”)....more

Proposed Federal Cybersecurity Regulations for Financial Institutions Face an Uncertain Future

Last year’s proposed comprehensive framework for cybersecurity rules for large financial institutions is suddenly facing an uncertain future. With the comment period having closed as of February 2017, the framework was facing...more

HHS Overhauls the Common Rule to Enhance Protection for Human Subjects in Research

by Hogan Lovells on

On 18 January 2017, as one of the last actions of the outgoing Obama Administration, the U.S. Department of Health and Human Services (HHS) and fifteen other federal agencies (the Agencies) issued a final rule overhauling the...more

Federal Banking Agencies Extend Comment Period for Advance Notice of Proposed Rulemaking on Enhanced Cyber Risk Management...

by Shearman & Sterling LLP on

The Federal Reserve, the OCC and the FDIC extended the comment period on an advance notice of proposed rulemaking on enhanced cyber risk management standards...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - Federal Reserve Board Announces Finalized Rule Adjusting the Board's Maximum Civil Money Penalties - On January 18, 2017, the Federal Reserve Board announced that it was adjusting...more

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