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MAS Input into Federal Rulemaking Process

Proposed Rules

Assistance to Foreign Atomic Energy Activities

On September 7, 2011, the Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to propose the first comprehensive updating of 10 CFR part 810 (Assistance to Foreign Atomic Energy Activities) since 1986. The NOPR reflected a need to make the regulations consistent with current global civil nuclear trade practices and nonproliferation norms, and to update the activities and technologies subject to the Secretary’s specific authorization and DOE reporting requirements. It also identified destinations with respect to which most assistance would be generally authorized and destinations that would require a specific authorization by the Secretary of Energy. After careful consideration of all comments received, DOE, on August 2, 2013, issued a supplemental notice of proposed rulemaking (SNOPR) to respond to those comments, propose new or revised rule changes, and afford interested parties a second opportunity to comment.

DOE’s part 810 regulation implements section 57 b. of the Atomic Energy Act (AEA) of 1954, as amended by section 302 of the Nuclear Nonproliferation Act of 1978 (NNPA). Part 810 controls the export of unclassified nuclear technology and assistance. It enables peaceful nuclear trade by helping to assure that nuclear technologies exported from the United States will not be used for non-peaceful purposes. Part 810 controls the export of nuclear technology and assistance by identifying activities that can be “generally authorized” by the Secretary, thereby requiring no further authorization under part 810. It also controls those activities that require “specific authorization” by the Secretary. Part 810 also delineates the process for applying for specific authorization from the Secretary and identifies the reporting requirements for activities subject to part 810. The Regulatory Impact Analysis can be found here.

EPA’s National Ambient Air Quality Standards for Ozone

Ozone is a “criteria pollutant” in the Clean Air Act, which means that EPA must set national standards for ozone exposure to protect public health, and review the standards every five years. The last review for ozone was completed in March 2008, but the Obama administration is reconsidering the rule. The Clean Air Act specifies that only health considerations can be considered for setting the standard, so the RIA for the ozone standard has no legal standing. Nevertheless, EPA generates a cost-benefit analysis for the rule to comply with E.O. 12,866 and to provide useful information to the public about the standard’s impact on the U.S. economy.

The last standard was set at .075 parts per million (ppm). At this level, EPA’s standard methodology used for estimating the costs of meeting the standard do not generate useful results for many parts of the country. EPA is considering alternate methodologies for calculating compliance costs for the ozone rule, and the MAS regulatory affairs program is participating in these discussions.

Final Rules

DHS’ Importer Security Filing Rule

DHS’ “Importer Security Filing” rule is aimed at preventing Weapons of Mass Destruction (WMDs) from being delivered to U.S. ports.  The rule requires importers to send ten items of information to Customs and Border Protection (CBP) twenty four hours prior to loading a container onto a U.S.-bound vessel.  This allows Customs and Border Protection to target containers for inspection before they are packed onto a ship and difficult to reach.  However, importers that use just-in-time inventory management systems claimed that the rule would introduce a delay into their supply chain, which DHS estimated could cost more than $3 billion annually.  MAS provided input to DHS about how to address this issue in a way that would not significantly impact the security goals of the rule. In January 2009, DHS issued an interim final rule with reporting flexibilities that should help importers comply with the rule without creating supply-chain delays.

OSHA's Worker Exposure to Hexavalent Chromium Rule

This rule was nominated in OMB's 2005 report, "Regulatory Reform of the U.S. Manufacturing Sector," as one that, if reformed, could enhance competitiveness of U.S. manufacturing.

Under a court order, OSHA promulgated a final rule reducing permissible worker exposure to hexavalent chromium from 50 to 5 micrograms per cubic meter (mcm). MAS worked with OMB, OSHA, and industry to come up with a final rule that ensured worker safety and did not create undue burden on U.S. business competitiveness.

Full List of Rules with MAS Input

Acropora Critical Habitat Rule

Americans With Disabilities Act

Container Security Initiative

Corporate Average Fuel Economy Standards

Definition of Solid Waste

Electronic Stability Control System Safety Standards

Enhanced Airworthiness Program for Airplane Systems

Ephedrine, Pseudoephedrine, and Phenylpropanolamine Requirements

Global Harmonization Standard

Green Sturgeon Critical Habitat Rule

Industrial Boilers Maximum Achievable Control Technology

Lead National Ambient Air Quality Standards

Lithium Batteries Rule

Mandatory Reporting of Greenhouse Gases Rule

New Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under the Auspices of CCAMLR

Occupational Exposure to Beryllium

Occupational Exposure to Crystalline Silica

Real ID Act

Renewable Fuel Standards (I) and (II)

Rules of Origin

Safety Standards for Cranes and Derricks

Side Impact Protection Safety Standards

Smalltooth Sawfish Critical Habitat Rule

Spill Prevention, Control, and Countermeasure Rules (I) and (II)

Tailpipe Greenhouse Gas Emissions Standards

Transportation Worker Identification Credential

Transporter Continuous Operation

Western Hemisphere Travel Initiative

Last Updated: 8/25/15 4:51 PM

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