Comments on FTC/DOJ Draft Merger Guidelines. Derailing a Schedule F Revival
Comments on FTC/DOJ Draft Merger Guidelines. Derailing a Schedule F Revival

Regulation Digest
September 20, 2023
Vol. 12, No. 38
Editor: Nate Thompson
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Marketplace of Ideas

GW Regulatory Studies
Reg & Governance
R Street
The Environmental Governance Dilemma, Angela Chi Chao et al.
The Regulatory Review
Maintaining the Durability of Regulatory Analysis, Interview with RSC’s Susan Dudley
Regulatory Discretion Fosters Clean Tech, Shon Hiatt & Jake B. Grandy
Tech Policy Institute
Urban Institute
Bank Capital Notice of Proposed Rulemaking, Laurie Goodman & Jun Zhu
Washington Legal Fdn.
American Action Forum
American Prospect
The Failure of Dodd-Frank, Robert Kuttner
Event: BBB Soft Law Summit (Request Invitation), 10/17
Bipartisan Policy Center
Zoning and Land Use Case Studies, Owen Minott et al. 
C. Boyden Gray Center
Cato Institute

Federalist Society
Free State Foundation
Heritage Foundation
Mercatus Center
Niskanen Center
Pew Trusts
- The Temporary Federal Rule on Telehealth Treatment, Explained, Marcelo H. Fernández-Viña & Sheri Doyle

Agency Rulemaking Highlights

Notable Actions

Upholding Civil Service Protections and Merit System Principles
The Office of Personnel Management is proposing to reinforce and clarify longstanding civil service protections as they relate to the movement of federal employees and positions from the competitive service to the excepted service. The proposed rule distinguishes civil service roles from those of noncareer, political appointees. The proposal is intended to prevent future administrations from reclassifying civil service employees as political appointees who may be removed at will for potentially political reasons. Comments due November 17. 
Discrimination on the Basis of Disability in HHS Programs or Activities
The Department of Health and Human Services is proposing to clarify existing requirements that prohibit its service programs from discriminating on the basis of disability in the provision of health care, child welfare, or other human services so that persons with disabilities have an opportunity to benefit from programs equal to those afforded others. Comments due November 13. 
Improving Protections for Workers in Temporary Agricultural Employment in the United States
The Department of Labor is proposing to strengthen protections for temporary agricultural workers and enhance the department's capabilities to monitor program compliance and take necessary enforcement actions against program violators. Comments due November 14. 
Regulatory Capital Rule: Large Banking Organizations
The Treasury Department invites public comment on a proposal to revise the capital requirements applicable to large banking organizations and to banking organizations with significant trading activity. The revisions are intended to improve the calculation of risk-based capital requirements to better reflect the risks of these banking organizations' exposures, and facilitate more effective supervisory and market assessments of capital adequacy. Comments due November 30.
Long-Term Debt Requirements for Large Bank Holding Companies
The Treasury Department is proposing to require certain large depository institution holding companies to issue and maintain a minimum amount of long-term debt to improve the resolvability of these banking organizations in case of failure, and mitigate financial stability and contagion risks by reducing the risk of loss to uninsured depositors. Comments due November 30. 
Energy Conservation Standards for Commercial Packaged Boilers
The Department of Energy is amending its standards for commercial packaged boilers (CPB) in compliance with a D.C. Circuit court decision vacating the January 10, 2020 rule that amended standards for CPB. Effective September 19. 
The Environmental Protection Agency extended the comment period for its proposed rule, “National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review.” Comments now due September 29.
The George Washington University
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