Draft merger guidelines making waves, AI companies commit to managing risks
Draft merger guidelines making waves, AI companies commit to managing risks

Regulation Digest
July 26, 2023
Vol. 12, No. 30
Editor: Nate Thompson
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Marketplace of Ideas

GW Regulatory Studies
Heritage Foundation
Inst. for Policy Integrity
Manhattan Institute
Mercatus Center
Niskanen Center
Progressive Policy Inst.
Public Citizen
R Street
Revisiting the EPA's Value of Statistical Life, Maureen L. Cropper et al. 
Why Regulate Commodities?, Gary Kalbaugh
The Increasing Power of US Courts in Crypto Asset Regulation, Michele Benedetto Neitz & Katherine Stromin 
The Regulatory Review
Regulatory Reform Through an Equity Lens, John D. Graham & Ayo Aladesanmi 
Tech Policy Institute
Introducing ChatTPI, Ashley Benjamin 
Urban Institute
Chevron and Candor, Nicholas R. Bednar
American Action Forum
Brookings Institution
Cato Institute
It’s Time to Overrule Chevron, Thomas A. Berry & Isaiah McKinney 
Refocusing the CDC After COVID-19, Joel Zinberg & Drew Keyes
Federalist Society
- Video: On Regulatory Whiplash, Adam J. White, Sally Katzen et al. 
Free State Foundation

Agency Rulemaking Highlights

Notable Actions

Antitrust 2023 Draft Merger Guidelines
The Department of Justice and the Federal Trade Commission jointly released for public comment draft merger guidelines for antitrust enforcement. The agencies publish merger guidelines to help the public understand how the agencies assess the potential for a merger to harm competition. Notably, the guidelines recognize that platform markets present distinct competitive considerations from the traditional market structures of the 20th century economy, as they often present high entry barriers and are likely to tip in ways that entrench dominant firms. Comments due September 18.  
OIRA Releases New Public Participation and Community Engagement Guidance for Federal Agencies
The Office of Information and Regulatory Affairs (OIRA) released a
guidance memorandum on July 19 for federal agencies on how agencies can better engage the public while crafting regulations. This guidance is a result of multiple listening sessions and a comment period earlier this year. OIRA encourages agencies to leverage the Unified Agenda to discuss past, current, and upcoming public participation opportunities. OIRA also recommends that agencies review internal policies on communication during the rulemaking process to promote “accessible, equitable, and meaningful” participation, particularly early in the regulatory process. 
GSA to Host Virtual Public Listening Sessions on Reginfo.gov User Experience
The General Services Administration (GSA) is hosting virtual listening sessions for the regulatory information site
RegInfo.gov on Tuesday, August 8 from 1:00 pm to 3:00 pm EST and on Thursday, August 10 from 10 am to 12:00 pm EST. These sessions will assist GSA in creating future enhancements to RegInfo.gov. All interested parties are invited to participate. Please visit this Federal Register Notice for more information and to register. 
White House Secures Voluntary Commitments from Leading AI Companies to Manage Risks
The White House hosted a July 21 meeting with seven leading companies in the Artificial Intelligence (AI) space to secure voluntary commitments to manage the risks posed by AI and to protect Americans’ rights and safety. The companies pledged to: ensure AI products are safe before introducing them to the public; build systems that put security first; and earn public trust by using mechanisms such as watermarking to ensure that users know when content is AI generated. Read more at the White House’s
AI Fact Sheet
Phasedown of HFCs Allowance Allocation
The Environmental Protection Agency (EPA) issued a final rule establishing the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. Effective September 18. 
Partial Filling of Prescriptions for Schedule II Controlled Substances
The Drug Enforcement Administration issued a final rule amending its regulations to conform to a statutory provision of the Controlled Substances Act which allows for the partial filling of prescriptions for schedule II controlled substances under certain conditions. Effective August 21. 
Asbestos Reporting and Recordkeeping Requirements
EPA is finalizing new reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act. This rule  will require groups that manufactured or processed asbestos within the past four years to electronically report certain exposure-related information. This action results in a one-time reporting requirement. EPA and other agencies will use the reported information to evaluate and manage risk. Effective August 24. 
Lowering Miners’ Exposure to Silica
The Mine Safety and Health Administration will hold three public hearings for its proposal to amend existing standards to better protect miners against occupational exposure to respirable crystalline silica.  The hearings will be held August 3, 10 and 21. Comments due August 28. 
Improved Tracking of Workplace Injuries and Illnesses
The Occupational Safety and Health Administration (OSHA) issued a final rule amending its occupational injury and illness recordkeeping regulation to require certain employers to submit electronically injury and illness information they already report to OSHA. Effective January 1, 2024. 
Guidance on Reconsiderations of Residential Real Estate Valuations
The Federal Reserve Board and a collection of financial regulatory agencies are jointly proposing guidance that would highlight risks associated with deficient residential real estate valuations and describing how financial institutions may incorporate reconsiderations of value into established risk management functions. The guidance also provides examples of policies and procedures that financial institutions may use for mitigating the risk of discrimination impacting residential real estate valuations. Comments due September 19.
The George Washington University
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