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white house chevron laser focused rulemaking oira

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Post-Chevron, White House's OIRA ‘laser focused' on strong rulemaking

white house chevron laser focused rulemaking oira

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Ep.04 John DePersenaire: Speed Reduction Zones in the North Atlantic

The Katie C. Sawyer Podcast

Play Episode Listen Later Apr 24, 2024 71:07

CONTACT YOUR LOCAL CONGRESSMAN: https://www.boatingunited.org/take-action/congress-protect-boaters-speed-restrictions/? Summary In this conversation, Katie C. Sawyer and John DePersenaire discuss the proposed rule for the North Atlantic right whale situation and its implications for boaters and seaboard communities. They highlight the importance of speed for recreational fishermen and the economic impact of the proposed rule. They also emphasize the need for collaboration and the use of technology to address the issue. The regulatory process and timeline are also discussed. The conversation discusses the dual path process of rulemaking, with an interagency review and a public side. The role of the Office of Information and Regulatory Affairs (OIRA) is explained, along with the challenges of the public not being aware of any changes made to the rule. The formation and work of the Whale and Vessel Safety Task Force is highlighted. The current stage of the rule being in OIRA's hands is discussed, along with the strategy for the ongoing public comment period. The involvement of the Small Business Administration and the importance of a comprehensive approach are emphasized. The potential of recreational anglers as an untapped resource is mentioned, and a call to action is made to reach out to local congressmen and participate in the Boating United action alert. Takeaways The proposed rule for the North Atlantic right whale situation has significant implications for fishermen, including economic impact and access to fisheries. Speed is essential for fishermen to reach fishing grounds and maximize their trips, and the proposed rule would greatly restrict their ability to do so. Collaboration and the use of technology, such as artificial intelligence and marine electronics, can help reduce the risk of vessel strikes on whales. The regulatory process for the proposed rule involves public comments and review by various agencies, with the final decision taking into account economic impacts and other factors. The rulemaking process involves both an interagency review and a public side, with the Office of Information and Regulatory Affairs (OIRA) playing a key role. The public is not made aware of any changes made to the rule during the interagency review, creating uncertainty. The Whale and Vessel Safety Task Force is working on a comprehensive approach to reduce vessel strike risk and protect North Atlantic right whales. The current stage of the rule is in OIRA's hands, and there is an ongoing public comment period.a The involvement of the Small Business Administration and the need for a balanced approach that considers both industry needs and whale protection are important. Recreational anglers have the potential to contribute valuable information and technology to mitigate the risk of vessel strikes. Transcript Katie (01:42.718) What's up, you guys? Welcome to the Katie C. Sawyer podcast. I'm sitting down with John DePerson here today. John, tell us a little bit about yourself and who you are. John DePersenaire (02:26.149) Yeah, sure. Thank you, Katie. And thanks for having me on. So my name is John DePersonere and I'm the Director of Government Affairs. So that's a really broad title and it really encompasses a lot of different aspects of my portfolio of work. So obviously things like regulatory issues, government affairs issues, things that have to do with either regulatory or legislation that impacts us as a manufacturer in the marine industry, but also how our customers use the boats. So like fisheries management, that's all really important part of that. as well, but also then on the sustainability side, looking at things like efficiency, looking at our energy use, looking at our waste stream, all those sort of things, supporting efforts to support fish habitat and some other projects that we're doing. So it's a really broad scope of work and it's really, really interesting. Katie (03:23.458) That's awesome. That's a huge responsibility on your end. And like you said, broad. Before I started fishing, I was working, not even close, but I was working as director of environmental health and safety for an oil and gas company. And it's just like there's like this entire channel of products that you're supposed to manage. And you're like, I like this is so, so broad. But that's amazing. I'm really, really honored to be sitting with you here today. Thank you so much for giving your time. I really want to jump into what's going on. on right now with the North Atlantic right whale situation and the proposed rule that was set forth in August of 2022 and how that's affected us and what we can see moving forward. So can you just give us a little bit of a status on what's going on with the right whales and what the what rule was proposed as a reaction of that? John DePersenaire (04:17.536) Yeah, so, you know, this is an issue the industry has really been following carefully for the past year and a half now. And as you said, you know, this proposed rule came out in August of 2022, and it was driven by NOAA. So NOAA has a an office within it's called the Office of Protective Resources. And their job is to carry out and implement. the mandates of the Marine Mammal Protection Act and the Endangered Species Act. So with North Atlantic right whales, they are, there's no question that they are in pretty serious, dire concern in terms of a population size. And just, you know, recognizing the history of that species, it really was one of the targeted, most targeted species in commercial whaling for centuries, which really- drove down the population, but also imposed some sort of ecological constraints, which just made it much harder to rebuild when commercial whaling stops. So like when you fish a, or not even fish, but when you hunt a population down that low, you start to have genetic issues. And we see that like with, you know, upland hunting and things like that, you try to manage for a strong gene stock. And so that was one of the constraints. So that like, you know, if you look at reproductive output for North Atlantic right whales, it has been trailing off. And so it just makes it that much harder to rebuild. So they know the two main sources of mortality for North Atlantic right whales are entanglement with fishing gear, mostly lobster pots up in Massachusetts and North and also up in Canada where they spend their summers and vessel strikes. And so NOAA has been trying to... up with management measures that addressed those two sources of mortality. And so the rule that came out in August, that was directed towards the latter, that was directed towards reducing risk of vessel strikes. And what that did was it expanded upon an existing rule that was in place starting in 2008. And what it did was it dropped the size class of vessel that would be subject to vessel speed rules. It expanded the areas that would be subject to the seasonal management areas. John DePersenaire (06:39.036) And it also expanded the vessels. So it dropped it down from 65 and above down to 35 feet and above. And so what that really did was originally the 2008 rule was really focused more on the ocean-going vessels, so like the container ships, the tankers, some of those really high displacement, high tonnage boats. It also captured some of the recreational fleet as well. but the intent was really the bigger ocean growing vessels. And so this step now starts to bring in a massively different segment of the fleet now. And you're starting to bring in center consoles and a whole bunch of boats that have probably never even seen a North Atlantic right whale. And so this is all about reducing risk. And this is what is somewhat different than what we typically deal with fisheries management. Katie, I know you're really versed on highly migratory species, you know, and so a lot of times we're dealing with, you know, quota setting and, you know, really specific percent reductions, trying to get to a sustainable biomass and things like that. So we can tailor regulations based on that percent reduction we have to achieve. This is a little bit more nebulous in the sense that we don't actually have that number that we need to reduce risk by. And so that's a really challenging thing. for us to look at. And so we're just not versed in trying to figure out how we come up with a solution to that. And so when we first saw the rule, we're like, oh my God, this is gonna impact a vast number of boats. For a lot of people, it's gonna go into effect November 1st and last through the end of May. So those are really, really important times of year for up and down the coast now. I mean, as you know, like we have some of the best tuna fishing off of... New York and New Jersey now in November and December, which is crazy to think, but I mean, it's just, those are no longer months when people have their boat out of the water and up on the hard for the winter. It's, you know, we're fishing all the way through January. And so that becomes a real, real big impact. Also guys that move their boats from say our area down to South Florida in the fall, you know, they're gonna be subject to this. And so what, you know, typically is a... John DePersenaire (09:02.128) know, two, three day trip now becomes something massively different when you're going 10 knots. And so there's all sort of implications that we have to think about in terms of impacts of this. But one of our biggest criticisms was obviously, you know, a recreational boat hitting a North Atlantic right whale is an extremely rare instance. In fact, we have some third party analysis that really shows that it is like that one in a million chance. I mean, that really is numbers of boats and the numbers of strikes that are attributed to those boats under 65 feet. But the other thing that we were we were sort of upset about was that there was really no alternative in there that took into consideration technology, right? And so, you know, Katie, I know you've run boats for a long time and, you know, boats are constantly improving it. And so for, you know, every time you come out with a new model, it's always safer than the last model. And that's just a function of, you know, engineering, design, improvements in marine electronics. And so safety is just one of those key elements when you're building boats, you know, safety, efficiency, performance, amenities are sort of like the top four things, right? And so a big part of safety is collision avoidance. Like, and we don't want to hit anything that's on the water. I mean, you know, like, Katie (10:29.37) I think what a lot of people don't understand is that a vessel between 35-65 foot, if it hits a whale, we know and there's gonna be damage. There's gonna be significant damage to the vessel and like you said, potentially the safety of the people on board. That's a really good point. John DePersenaire (10:47.82) Yeah, so I mean, the point is, is that, you know, this is a space that, you know, we and other builders and the whole marine industry are constantly working on. It's not like we just heard about this rule and like, now let's figure out something to do here to not hit whales. Like this is just something we do and not to put it in a in-person way, but a North Atlantic right whale is just another object in the water that we do not want to hit. And we have been developing products over these years that allows us not to hit them at a reduced rate. So. We've been making progress on this and we were, it was unfortunate that there were no alternatives that kind of gave us credit for that or provided an opportunity to explore how technology can reduce risk. So, of course. Katie (11:31.502) I'm going to stop you right there before you go on because this is a great segue. The first thing I want to touch on is you said a couple things throughout that were interesting points. So from what I understand, correct me if I'm wrong, in 2008 there were speed reduction zones put in place in the Atlantic Northwest of the ocean, Atlantic Northwest, Northeast of the U.S. That always gets confusing for me. Where speed reduction zones for ships above 65 foot. length. Is that correct? John DePersenaire (12:03.6) That is correct. And most of those areas were around sort of the entrances to major courts. So like the approach to New York Harbor, Delaware Bay, Chesapeake Bay, Cape Fear. Then there was also areas south of Cape Hatteras where there are seasonal nursing areas and calving areas. So like where the mother and the calf are spending a lot of time down there in the winter time. And they are vulnerable down there, there's no question. Katie (12:29.118) Yeah, for sure. And it's specific in areas where you see a lot of cargo ships coming through because it's significant to global trade and economy. Now, can you tell us a little bit about how, if there was any impact on our economy based on the speed reduction zones for vessels of that size? John DePersenaire (12:49.304) Yeah, I mean, you know, one thing that's been interesting about this rule is it sort of brought a lot of different sectors together that typically didn't work on, you know, issues together. And so one of those, well, a couple of those sectors were pilots, you know, fast ferries, the shipping interests, the ports, and, you know, so offshore wind, you know, they all have really big concerns and they... speculate it's going to have implications not only for their operational needs, but also you think about just getting product to shelves. Does that impact supply chain issues? Does that impact availability of products? Does that impact cost to the consumer? So all those sort of things are playing into this and they certainly have implications that are not discrete to recreational fishing and boating, this is something that would impact a significantly broad part of the maritime commerce in general. Katie (13:56.398) Mm-hmm. But, okay, let's talk about how you said it's difficult, I believe, I think you said that it's difficult to quantify the population of whales right now. Do we know how long it takes for them to reproduce and they have how many, they have one pup, I think it's a pup, right, a whale? I'm not sure, one baby, a calf, that's right. A calf at a time, correct? And every now and then too, but like you were saying, John DePersenaire (14:18.835) Cheers. Katie (14:27.912) significantly decreased base to overfishing or over harvesting. So in the past, way years ago. So I just want to like really clear up the blurry areas of the last 15 years of regulation to help protect these Atlantic right whales. Is that what you said? Is it the population's difficult to quantify? John DePersenaire (14:53.912) Well, it's not typically challenging to quantify it. And in fact, North Atlantic right whales are probably one of the most studied and monitored large marine mammal populations in the world. I mean, that's a fact. What I think difficult is that, again, we're not seeing reproductive output that would sort of get us to that number that they believe it needs to be at to be considered sustainable. And so, like, for example, I'm not a North Atlantic right whale biologist, so I don't know the exact numbers in terms of, you know, their gestation period and how, you know, their sort of calving cycle. But I do know from a management standpoint, the agency is sort of looking for 50 calves a year to, for many years to get the population to a sustainable level. And if you look at reproductive output over the past, you know, 10 years, I don't think we've gotten to 50 once, you know. So it's sort of underperforming and there's a lot of reasons for that. You know, genetic issues are one, the population size is small, so it's harder for them to communicate and find the mates. You know, there's things happening with climate change and their food source, you know, they're really dependent on copepods and, you know, they're not sort of like a humpback that can, you know, switch from, you know, herring to bunker to, you know, anchovy, you know, like, you know, they're really discreet feeders and they are really keyed in on copepods. And so their availability of copepods is somewhat changing and perhaps putting them in more areas where they're vulnerable to things like ship strikes. So there's a lot of challenges that are happening there. Katie (16:37.45) Yes, excellent answer. I love it. So what we're seeing is we're trying to, well, Noah put forth a rule, a proposed rule to try and limit the speed of vessels to help protect these whales, but there's lots of potential issues associated with that. Now you mentioned taking into... Now, you mentioned taking into account technology. Can you go on that a little bit for me? John DePersenaire (17:07.936) Yeah, so, you know, and I think it's important, maybe your audience, it's not really important, but yeah, I know for some people involved with this issue, this is important, and they don't quite understand this, that for us, speed is an essential element of our boats, right? Not only is it, you know, safer, you know, to run a boat when it's, you know, operating at a, you know, at the most optimal speed. But for us, we're not necessarily designed to be out in weather that a container ship can be out in. And so speed allows us to maximize on these weather windows of opportunity, right? And so if we are trying to get to fishing grounds and it takes us say two hours to get out there, we can conduct our trip and get back before that weather turns and makes it unsafe out there. If we are now forced to, you know, to have that two hour trip now become six hours to get out to wherever those grounds are, that could put us in a unsafe situation or we just canceled the trip altogether because the weather window was not big enough. So speed is one of those things and just everything about our vessels is designed around performance, speed and range. And that's really the only way recreational guys can access the fisheries. I mean, we are not... commercial fishermen where we can go out, you know, 10 days at a time and, you know, say goodbye to the family and say, Hey, I'm going marlin fishing. I'll be back in 10 days. Maybe some people can do that, but you know, it's a different, it's a different element for us, you know? And so speed is, is it's not something we can dismiss and say, well, you guys can just go slow and still carry on your way. Like it doesn't work that way. Speed is an essential element of our boats. Katie (18:42.37) Yeah. Katie (18:54.002) And why is it important for these fishermen to be able to get out to the fishing grounds instead of canceling their trip when there's weather? Like tell us about the economic benefits of that. John DePersenaire (19:02.964) Oh, I mean, yeah, I mean, so well, I mean, it's well, first of all, it's it drives a significant economic impact. I mean, so just from Viking standpoint, I mean, this is a really prime example. You know, we're the leader of the world leader in terms of building sport fish boats. You know, we produce the most in the world and our boats are really designed exactly to go far and fast and engage the highly migratory species. And so if you take away our ability to. to go fast and access the fish that our boats are designed to do. I mean, the value of that goes down significantly, you know. And so, you know, we have over 2,000 employees that are just building boats to go fast and offshore. I mean, that's exactly what we have a workforce that's doing every day, you know, and that includes electronics folks and everything. So the impact is it just cannot be understated more. And I think what was so alarming in Katie (19:49.055) locally. John DePersenaire (20:03.46) the proposed rule in terms of the cost benefit analysis that NOAA put together, they did not understand that trips would be canceled and people wouldn't even take trips under a 10 knot limit. And so yeah, and this is the other thing that's really important. So it's not like these areas are going to be really, you know, discrete like they were in 2008 and they were around just, you know, entrances to inlets and ports and things like that. know, in some cases, like in the Middle Atlantic, they're going offshore 90, 100 miles, you know, and so, you know, it's hard to imagine even going 20 or 30 miles at 10 knots in a recreational boat. I mean, it's just, it's hard to imagine that. And I just know that would just drive people not to do it. Their boats would come out, you know, December or October 31st, they wouldn't go back in until June 1st, and, you know, you're missing a massive amount of economic activity for that. Katie (20:42.614) No, it's... John DePersenaire (20:57.268) And also, I mean, you're really denying a lot of people access to fisheries. So, you know, I know you're a big, you know, HMS fisherman. And so that's one of those fisheries where only the public can only access that through a boat. Like, so the HMS permit that everyone gets that goes out in Marlin and tuna fishes, you know, that's assigned to a vessel. It's not like you can fish for them from shore. It's just illegal to do that, quite frankly, which is an interesting discussion all in itself. But. Katie (20:57.364) Yeah. Katie (21:21.751) Yeah. John DePersenaire (21:25.42) So you have to go out on either your own boat, your friend's boat, a charter boat, a headboat, you know? And so when you start to think about how this would impact those boats, you almost become, it almost becomes an obstacle for the public to access those fisheries, which are really economically valuable, sustainably managed and really good eating, you know, for some of them, not marlin, of course. Katie (21:47.074) Mm-hmm. Yep. No. Yeah. John DePersenaire (21:50.36) But you know what I mean, so it becomes this impediment for the public to access a well-managed resource. And I think that's like a really unintended consequence that they didn't quite think about when they put this into place. Katie (22:02.166) Right, definitely. Because, I mean, it's not just, like you said, it's not just all the jobs that would be at risk at Viking. It's all of these seaboard communities that depend on the tourism, that depend on people wanting to go offshore and go fishing recreationally. Didn't you tell me, John, that you did a impact study on one specific operation and the amount of economic loss that company would had was just exponential? What was that? John DePersenaire (22:30.188) Yeah, so that's a tour boat captain out of North Jersey. And his specialty is getting folks out, particularly in the fall, to chase striped bass and tuna. And he's built a great business on that. He's got several captains, quite a few mates. He's got three boats. And just looking at his operation between the times that this rule would be in effect between November 1st and the end of May. He was looking at losing 70 trips. And so that was roughly working out to $140,000 a year, just for him. And it's not just him as the owner operator, but his mates, the other captains that run that boat, the people that detail and service his boat, the people he buys the bait from. It's just that you talked about, yeah, the marina where, I mean, all that shoreside infrastructure that supports the recreational fishery and commercial fishery would be impacted. Katie (23:09.567) Yeah. Katie (23:17.226) The Marina. All the support. Katie (23:28.09) Yeah. And then you have situations like, for example, the White Marlin Open in Ocean City, where I mean, it's not really in the zone, but you have I'm sorry, not really in the time frame, but you have so many people coming to these communities and it's quantifiable millions of dollars being brought into these communities just so that people can be a part of the recreational fishing sector. Like, I mean, that's crazy. That's crazy to me. Hotels, restaurants, all of that Katie (23:57.904) really big in the northeast. So I find that interesting. I'd like to also touch a little bit on how we have... there seems to be like a big disconnect between what people are, how some people are dubbed environmentalists. It's kind of like a like a bad word sometimes in our industry, which is strange because in my mind, like I'm an environmentalist 100%. I have a master's degree in environmental science, you know, like I, I'm an environmentalist, but I love the ocean. I'm also a fisherman. And I think that there's like this stipulation between the parties other every single time. And for example, I think that a lot of people think that fishermen aren't conservationists, that fishermen don't love the ocean, but we're the ones that are spending our lives out on the ocean that want to share that with other people. And I think it's important to really highlight the fact that a lot of times you'll see polarization between the parties, but that involving different stakeholders is really important in making educated good benefit of the whale population. You touched on how this has brought together a lot of different stakeholders. Can you tell me a little bit more about that? John DePersenaire (25:18.348) Yeah, and that's a really good perspective. And so, you know, one of the things that when we saw the rule come out and sort of analyzed it, and, you know, we obviously knew it was gonna have impacts from an economic standpoint and an access standpoint. But we also knew that there was other ways of addressing this. Like, we just feel like we're too smart of an industry not to come up with another way of, or providing another tool to help with this issue. And so what we did was we pulled together a task force of experts in various different fields, from marine electronics to analyzing very high resolution satellite to artificial intelligence, processing thermal imagery and visual imagery, forward-facing sonar, modelers that work on crime analysis, but they can see an application here for managing whales, even friends at like, you know, ROFs, which, you know, I know a lot of your listeners are really familiar with, you know, they have a really interesting approach that, you know, they analyze sea conditions looking for marlin and tuna, but that same application can be used to figure out where we may want to focus management efforts for North Atlantic right whale. So all of this gives us the ability to start to think about how we could more... Katie (26:36.45) So cool. John DePersenaire (26:43.3) dynamically manage this and also have more nuanced approaches that are consistent with what we see in terms of differences of risk across vessel classes. So like what we may want to see for say an ocean going vessel, like a container ship, may not be the best approach for what we see on a 35 foot center console. You know, there's just the attributes of those vessels. It's just vastly different. there's safety concerns that, say the center console can take a base of action, whereas a container ship just, they're not at liberty to take action or slow down or any of those things. So the idea of this task force was really to look at ways that we could start to think about it on that more nuanced level. And also a big part of that was really putting an aggressive thought towards leveraging technology. And again, I... spoke before about how we're always building a safer boat every day. It's not like we build a less safe boat tomorrow. We're just constantly improving upon that. But what's really interesting about the task force is that we've put this really aggressive focus on marine mammals. So we've always been trying to avoid anything that's in the water. And now we've just sort of thought about how we can be more. narrowly focused to speed up acceleration for marine mammals. So for instance, we did a pilot project last December off the coast of New Jersey and we affixed, you know, so Viking, Atlantic Marine Electronics, working with a company, you know, so we put a FLIR on top of a commercial fishing boat out of Barnegotte Light, you know, and FLIR is something you're familiar with, you know, a lot of our boats have that, you know, it's nothing new, right? And so what was really knew about this was that the FLIR feed was being processed real time by an artificial intelligence algorithm. So it was able to, as that feed was coming in, it was able to classify a whale spout, you know, so its breath, it could pick that up, and also its body. And so it was a really fascinating exercise to see what is possible. And it wasn't perfect. John DePersenaire (29:04.056) But as you know, with AI, it's just, the training is what makes it so good. So the more these things are used, the more data we can throw at them. That's what's really going to spark this innovation. That's what's really going to accelerate this process. And I think what's so interesting about that is that it's coming from the private sector. So you talked about environmentalists. It's, I'm not dismissing any other industry, but we're really at the forefront of trying to find. pathways here to reduce our risk of hitting whales. And that's a really important thing. So one of the things that the task force asked for, you know, over a year and a half ago was for NOAA to convene a workshop and to pull all these various stakeholders together, you know, and figure out how we can collaborate. You know, what are people working on in all these different buckets that have to sort of be addressed and come together to create this overall bigger risk reduction approach. And so that workshop was finally convened last week. And I think it demonstrated a couple of things. First of all, I think it demonstrated that we are sincere. We're here to work. We're not starting from zero. And we've been focusing on this over the past 12 months. The other, I think, really important thing was that we're open to working with anyone. So this is sort of separate from the vessel speed rule in the sense that we're committing long term to doing our part in this issue. And so we are willing to work with anyone. If anyone has a project that they've been working on that has some relevance for this and there's some ability to assist or support what they're doing or bringing them on. And we can provide vessel time on one of our demo boats or something like that. We are open to working through this solution in good faith. And that's something I think was, I think our industry really demonstrated that. commitment to this and I was very impressed and really I was quite proud, you know, to show us, you know, the garments, the Navico's, the, you know, the fathoms, the roffs of the world to show up and say, yeah, what can we do? You know, let's roll up our sleeves. Let's think about this as a problem that we can all collectively contribute to and make some real progress towards. So it was great to see that. Katie (31:18.766) Yeah. That's awesome. I love, I got chicken skin. That's super cool. Um, congratulations. Can you give us like a timeline breakdown? A little idea on the regulatory side, how it looks, because this is where things get a little blurry for me, if I'm being honest. But the regulatory side, how it looks, you, um, they, they proposed a rule. Then the Whale and Vessel Safety Task Force, that's what it's called, right? That's the name for it? Was assembled. And tell me a little bit about the timeline. that has ensued since the rule was proposed and what has gone on y'all's end and on the government end. John DePersenaire (31:58.124) Okay, yeah, so like you said, the rule was introduced in August of 2022, and it's following, it's moving forward with the traditional federal rulemaking process. So it was open for public comments for, originally it was open for 30 days, believe it or not. And so one of the first things we did, I think the next day or the day after that, Viking put in a request for an extension for the public comment period, because we just. I mean, we knew immediately that this was the most consequential regulation that was ever going to impact our industry. Katie (32:32.35) I mean it's crazy. You already touched on the fact that like 10 knots is so slow. You guys, 10 knots you get like approximately 10 miles in one hour. That is so slow. That's what we go at night when we can't see anything. John DePersenaire (32:37.448) Right. John DePersenaire (32:43.02) Yeah. Right. Right. And so we knew we needed more time. So we put that request in. We got another 30 days. So the comment period was open for a total of 60 days. And so there was over 90,000 comments that were submitted from various interest groups. And we're very passionate about this issue, but there's also that other side that are very passionate about whale conservation, and rightfully John DePersenaire (33:17.368) we agree that we need to do something to help them. Absolutely we do. And so when that comment period closes, Noah is then charged with reviewing all those comments and responding to them. Not necessarily each individual comment per se, but the general themes of the comments. So there could have been say, 5,000 comments that were all sort of geared in one direction or. there may be 10,000 comments that came from an action alert or something like that. So they can respond to them as an aggregate, not necessarily each individual one. And so they look at those comments and they take them into consideration and they think about how they could perhaps modify the regulation. And so they can do a couple of things. They can, they can make modifications in response to those comments where they can do nothing and move forward with it. And so that's something that the public is not aware. And when, yeah, and so when federal rulemaking is taking place, in fact, the agency charged with putting forward that rule typically has, you know, is not able to talk about specifics in terms of modifications to what they may be considering or may have done in that rule. So it's sort of an unknown how this is sort of playing out. And so, but. Katie (34:13.95) It's behind closed doors. John DePersenaire (34:37.44) it has taken a much longer time. So originally when the rule came out in 2022, there was this sense, again, I talked about that really short public comment period, 30 days, but there was also this thought that they wanted to hurry this up and have it in place by November of 2022. And so we were like, oh my God, how can this dig? And so that was sort of the timeframe that the agency was initially pushing. And so as you can see, that's been Katie (34:55.77) Oh my gosh. Ah! John DePersenaire (35:07.068) significantly, significantly extended and not just because of the impacts to, you know, again, going back not to the impacts just to us, you're talking about, you know, national economy wide sort of impacts that have to be considered. And it wasn't just us that were submitting comments with concerns, it was the ports, it was the pilot associations, it was the shipping interests, it was the ferries, it was a whole host of people that make a living or their businesses tied to moving on the oceans. So it's a big deal. And so, so as you can see, we're much farther along than the original timeframe that no one wanted to get this done by. And so now we've just transitioned into this final step. And so some of you may have seen the first week of March, the rule went from the Department of Commerce, it went to a small office within the White House. It's called the Office of Information and Regulatory Affairs. And that's sort of this final analysis where they look at all the work that NOAA has done in developing the rule. They look at their cost benefit analysis, their modeling exercises, how they are looking at risk reduction, what alternatives they've put forward, the economic impacts. So they look at sort of all of that. And they also, even though they're not necessarily a political branch, they look at sort of the of the White House, they also try to mesh up what this rule could do in terms of some of the priorities of the administration. So, you know, things like, you know, how will this impact American jobs? How would it impact domestic manufacturing? How would this impact inflation? How would this impact supply chain issues? All sort of things that we've been talking about over the past few years. So that could come into play in this, because of course, when... Katie (36:55.158) macroscopic view. John DePersenaire (37:01.46) no one in the Office of Protected Resources put forward a rule, they're not necessarily in the position where they have to give so much weight to some of those bigger sort of impacts. They're really just, again, their mandate is really to put forward measures that seek to protect and rebuild an endangered species. And that's, so this sort of all comes together at this final stage. And there are opportunities for the public to weigh in. There's also opportunities for, you know, members of Congress and other people to weigh in this process. It's sort of a dual path project that happened in parallel. One is an interagency review, which is not open to the public. So that's where this office of OIRA will reach out to, say, Interior or Commerce, all these different departments within the federal government, and ask about their input and thoughts on the rule and how it would impact the the issues and the stakeholders that they're charged with dealing with. And then also there's this public side. So the members of the public actually can request a meeting with OIRA and then the final stage. Katie (38:12.882) OIRA is Office of Information and Regulatory Affairs. And so when the rule got pushed to OIRA or given to OIRA, did it then become public knowledge or is it still all behind closed doors? We don't know what's going on after the comment period. John DePersenaire (38:17.68) That's right. John DePersenaire (38:29.26) Yeah, yeah, yeah. And that's what's so challenging about this. Again, I said there is an opportunity for the public to weigh in and have a meeting, but when the rule advances, the public is not made aware if any changes have been made. So we understand that some changes were in consideration, but we don't know specifics or if they address all of our concerns. We have no idea. Katie (38:54.818) from that public comment period, way at the beginning. Wow, so all this time, it's been behind closed doors. We have no idea what's being discussed or if there have been any changes being made. We can speculate on what's being discussed, but if there have been any changes being made, and then it gets pushed over to OIRA, we still don't know, but there is an opening for public comment. When is that opening for public comment? Has it already happened? John DePersenaire (38:57.296) Correct. Yes. John DePersenaire (39:21.912) So it starts when the rule is forwarded to OIRA. So it's open now as of the odds of March. And we don't know exactly when that closes. So there's a bit of uncertainty in the speed at which a rule can stay or advance out of OIRA. And there's a couple different things that could happen here. One, OIRA could review this and say there are concerns. And we need to go back and come up with different, or not different, but add different alternatives, or add new ways of dealing with this issue. So thinking back to the original rule that came out, there was a whole bunch of support documentation that was with that. And one of those was the draft environmental assessment. And in that assessment, it included five different alternatives. but all of them were exclusively focused on vessel speed. There was no consideration of technology or any other ways of reducing risk of vessel strikes. And so one thing that could happen is that OIRA looks at this and says, the economic impacts are significant enough that we want to send this back to NOAA for them to consider alternatives that could utilize existing technology or technologies that could be developed. to help with this issue of reducing risk. So that's a pathway that could be beneficial for us, or it could just move forward as written. Again, we don't know exactly how it's been rewritten, but it could just move forward and become final. Katie (41:00.13) So tell me how the building or the assembling of the Whale and Vessel Safety Task Force has played a role in this process. John DePersenaire (41:15.168) Yeah, it's been a really interesting, and I'm so grateful to the members who agreed to sit on that task force, because I think it's unprecedented in the sense that we've seen such a diverse field of experts really sit down and commit to working on this. So the task force is just a, basically it's a think tank, you know? But it has all the key elements, right? So, you know, obviously we're looking at things like detection. We're thinking about how detection information makes it out to the fleet. You know, how that one, you know, how we want that to display on someone's multifunction display. We're thinking about how we can better model. So we're thinking about this in a really holistic way. And we're trying to address all these different sort of puzzle pieces that have to come together. to ultimately get information out to operators. Because that's a huge part of this and something that is just so, it's just missing from the current approach is that if we can get information out to operators, information that's timely and relevant, there is a significant benefit in that. And as you know, as an operator, like, you know, you don't wanna be bombarded with information that's not relevant, right? You know, because the last thing you want is, Katie (42:41.358) Oh god no. John DePersenaire (42:43.076) being, you know, having all these alerts going off, because after three or four, you're like, oh, that was for, you know, an area 100 miles south of me. Like you're going to turn it off or silence it, you know? And so one of the big things that we really have to focus on is getting the most relevant, important information out to operators when they're in an area where they need to get that information. And that's a key element that this task force and what the industry is working on. So as you know, like, Katie (42:47.85) Mm-hmm, you get me. Yeah. John DePersenaire (43:11.056) There is a ton of research institutions out there that have been doing incredible work on North Atlantic right whales and marine mammals in general, like just experts. Awesome, they do such good work. But that information and that work has not much use for us in its present form. There has to be this connection to the marine industry to bring it all together and then to have a positive response. And that's ultimately what we're trying to do. We're trying to give... operators information so they can make decisions about their trips and also how they can make decisions about reducing risk of hitting wells, right? And so that is the real critical element where the task force and our industry plays a role that sort of no one else can. Like we have to be at the table if we want to see this complete solution, so to speak, come together. Katie (43:49.196) Right. Katie (44:04.826) Yes, okay, I love it. So not only has it been, has since the public comment period has been behind closed, I'm sorry. So not only has everything been behind closed doors since the initial public comment period, but this task force has been assembling. And didn't you guys push to have a NOAA representative sit aboard the task force so that they can know what's going on? John DePersenaire (44:31.904) Yeah, no, and it's been a great asset for us and I think for Noah as well. So we meet with that liaison once a month. And you know, I think that's a great It's a great commitment showing that they're willing to engage with us and share information. And one of the things from this workshop that we're really keen on doing is continuing that sense of collaboration that we saw during the workshop. I mean, I think the majority of people went into that really with, you know, this willingness to sit and talk with anyone and really figure out how we can work together on this issue. And so That's something we really want to continue with NOAA moving forward. You know, again, we may have concerns with the rule, but we're in complete agreement that we want to reduce vessel strike risk. So we are in parallel with them on that effort if they're willing to work with us. And everything we've seen so far since the workshop has been great. And we want to continue that type of synergy that we think is really essential for this type of problem. Katie (45:40.758) Well, on behalf of the industry, I think it's absolutely incredible that you guys have not only like just sat back after public comment period, but taken all this initiative to, like you said, take a holistic approach on the issue and to come forth and provide a solution and to fight to make sure that no one knows exactly what's going on and to have a liaison there. I think that's awesome. So the rule right now is in OI-Rez hands. Is that is that correct? John DePersenaire (46:09.764) That's correct. Katie (46:10.672) So you mentioned there's another opportunity for public comment, which is happening right now. But you don't know what's being discussed in the rule or what's being proposed moving forward or what Oryrus is exactly seeing. So what's your strategy going into this public comment period? Because you can't say what you said in the initial one because that's just a waste of time, right? So what's your mindset there? Like how are we looking at that? John DePersenaire (46:39.372) Yeah, so. Our strategy going into this is, again, we don't know what the rule is, but I mean, I think from Viking's, I'm just going to speak just from Viking standpoint, you know, we have, you know, just over 20 different models of boats. All of them are over 35 feet, except for three. So I mean, the impact to us is really, really significant. And even if they were to say, increase that minimum threshold from 35 up to 40, it really doesn't do much. for us. So our argument really has not changed even if say the rule has changed as it's progressed on to O'Rei-Ry. And again, we're just speculating. We don't know exactly what they've done to that rule. But there's really a couple of things that we are going to bring to those meetings and how we're going to try to address this. There still are really significant modeling flaws. So this is something we talked about early on. Katie is that, you know, the way no one looks at vessels and the risk is associated with that vessel. Originally, it was those 35 foot and up all had the same sort of characteristics, right? So you think about displacement and draft depth, you know, they are just vastly different between a Panama X container ship and a 35 foot center console. And so one of the big criticisms is like, you know, if you're going to model risk, I mean, come to us, get the data, we can show you what a 35 foot center console drafts, right? And what it does at 10 knots and actually how that draft actually to step tall, it starts to decrease as you get up on plane. So we can show you all of that. And we don't think that they've taken enough steps to get to that level of specificity that would make sense from a management standpoint. So we still think that they are vastly, vastly. Katie (48:12.715) Open book. John DePersenaire (48:35.936) inflating risk of recreational boats because they haven't, at least as far as I know, they have not come to any of the manufacturers to get those vessel specs, which would be critical to put into that risk encounter model, which is driving a lot of this. So that's something we will continue to point out. The other thing is that we sort of do now have real impacts. So we've had a few orders that have not gone through because of the vessel speed rule. So... no longer is this theoretical in terms of what it could do to an industry like recreational fishing and boating or a boat builder like flaking. We now have demonstrable impacts and it's not just us and our workforce. You know, for that boat in particular that was canceled, you know, there's 28 different suppliers that we go to from engines to stabilization to electronics packages to... know, riggers, rott holders, coolers, fish box appliances, like the list is significant, you know. So again, we can start to demonstrate that their cost benefit analysis, which put this at three, roughly $3,000 per vessel per year, was just vastly underestimated because we now have, you know, we now have one example where we can just say, we can walk through, you know, the spec sheet, the bill sheet for that boat and say like, Katie (49:47.227) Oh my gosh. John DePersenaire (49:59.512) what we had to go back to those people and say, this order is not going through now, we're gonna need to cancel this PO. And so, and also wrapped up in that boat was roughly 13,000 labor hours. So that's a big hit for a workforce that is here to build boats. So that's really what we're going into, but obviously other groups will be going in talking about the safety aspects, talking about the privacy aspects, knowing that AIS, a safety tool. is now being used for enforcement. And that's a huge concern. Talking about just the public's access to the resources, you know, these well-managed fisheries, which we've worked all so hard to get rebuilt and well-managed, and now all of a sudden, we're not going to have access to them for up to seven months out of the year. So those are all key issues that, you know, we are going to be going into this OIRA phase really trying to drive home. And of course, you know, small businesses will be weighing in as well. The ferries, the charterboat guys that, you know, can demonstrate lost trips during these periods of time. All that is really, really critical in this stage. Katie (51:06.914) I want to ask you about the small business and the inter, I don't remember the lingo, but the intergovernment relations or branches. We'll get to that. But first I would like for you to tell me, please tell me a little bit about how they're proposing for AIS to be used for surveillance and why that's an issue. Tell us what AIS is. Start from the beginning. John DePersenaire (51:27.488) Yeah, so that is it. Yeah, so AIS is Automatic Information System. And so the easiest way to think about AIS is almost like air traffic control. So when you pull up like flight aware, you can see the flight number, all the aspects about that plane, what its heading is. And we have something very similar on the marine side. And the rules for vessels that are required to carry AIS generally broken down into two classes. One is class A, those are vessels that are over 65 foot and engaged in commercial activities. So they have both receiving and transmitting AIS. And what that means is that they are sending out a signal that gives it's, you know, the vessel's identification, what its classification is, its heading and its speed, I believe, and also its position. So you can... Katie (52:18.89) Yeah, speed, length, and bear, yeah. John DePersenaire (52:22.028) So, right, so if you pull up something like marine traffic, you can actually see where all those big MERSC ships are, are going and all the tugs and tows are going because that's a really important thing to know. Like if you go out and fish for, you know, giants in the mud hole and spring fog, you really want to know those boats are coming, right? So it's a huge safety tool. Boats that are under 65 feet or non-class A vessels include a lot of like, you know, Vikings and sport fish boats. And they're typically, Katie (52:40.096) Yeah, definitely. John DePersenaire (52:52.044) receive only. So they get the benefit of receiving that AIS signal, but they don't have to transmit their information. And so what's been happening over the past few years is that NOAA enforcement has been going into these data sets of AIS data and they've been retrospectively investigating boats and seeing where they may have exceeded some of the existing, again, remember, going back to 2008, there have been some areas that have been placed since then for both 65 foot and bigger. And what they've done is they've gone back and figured out, just calculated if they exceeded the speed limits. In a lot of cases, it's not even like, you know, it's a 10 knots. Two years. Yeah. Or, and in cases, some cases it's like, you know, not even like, you know, they're going 40 miles an hour in this, you know, 10 knot zone. They're going like 13 knots, like something that Katie (53:34.89) It's not even real time. It's like going back and looking and then... John DePersenaire (53:49.396) And you know, running boats, like depending on the sea, you can be, you can be going between bouncing between eight and 12 a lot of times, right? Even if you're just trying to spend the tide or you're navigating an inlet. And so. Katie (53:50.882) with the current, yeah. Katie (53:55.534) 12. Yeah? Mm-hmm. Katie (54:01.226) especially when you're looking at a ship of that magnitude and size. John DePersenaire (54:04.14) Yeah, and so that's what I think is one of the most concerning parts of the enforcement aspect of this is that they're taking a tool that has been designed for a navigational aid and a significant safety benefit and using it for enforcement. And the last thing we want people to do is to second guess themselves, turn that thing off and be like, it's just not worth the risk because it's not like these fines are like, you know, Katie (54:23.646) Stop using it. Mm-hmm. Nope. No. John DePersenaire (54:31.192) you know, $50 for like an undersized fish. I mean, these are, you know, pretty significant fines, upwards of $7,500 of violation. So it's not like it's insignificant. Katie (54:38.199) Yeah. Katie (54:41.87) Oh my gosh, so this kind of like makes me sick a little bit, but obviously we want people to follow the rules. We don't want cargo ships going 30 knots in a 10 knot zone, you know, for sure. But like in my personal experience, you guys like. the AIS system in the central, in the Pacific, I know this isn't what we're talking about, but I'm just saying in the Pacific there's no shipping lanes. So it's a very, very essential safety tool that both you can see the ship and know where they're heading and what direction and what speed, especially when it's two in the morning and there's no moon. And they can also see where you are and your speed if you're underway or not. And I mean, you have to have AIS. And looking at I don't have a lot of experience in the Northeast, but I do know that there is significant fog conditions and we already touched on the fact that there's like a lot of ship traffic and a lot of boat traffic because these are really big ports. And like John just said, I just have to reiterate this that no, we don't want vessels to be going too fast in these zones. But what we really do not want is for people, for humans to be turning off their AIS system be a like a sea that's pushing you a little bit further because you're trying to get out of a storm, whatever it might be, and turning their AIS off and putting themselves at risk. So yeah, no, there's a that's a that's a big issue. John DePersenaire (56:14.668) Yeah, and so like for the Northeast in particular, you know, like, you know, New York is now considered the busiest port in the U S you know, and so you can imagine all the vessels, you know, coming in and out of that approach. And you're exactly right. I mean, like say you're out fishing and you're hooked up, you know, say you've got a giant on, you know, you, you want to have your AIS on because as those, those big container ships are trucking through and there's no, you know, there may not be any speed restrictions out there. I mean, they'd be going 26 knots. Like you want them to see you. And so that's a really critical thing to keep our fleet safe. And the last thing we want is it to be used for something it wasn't intended to. And then people start to second guess that because they're concerned about enforcement or even just privacy issues. I mean, we're not considered a highly regulatory, highly regulated activity. And for some applications like the commercial shipping sector, yeah. I mean, that makes sense for them to be. Katie (57:00.982) Yeah. John DePersenaire (57:13.136) tracked and monitored. And I think it makes sense to use I.S. in that application for them. But like for the private citizen, it really doesn't. Like I think a lot of people will be upset if, you know, we just found out that like, say the FBI was tracking everyone's cell phone position. Like it's just, you know, we do have fourth amendment rights. Like you can't just have, you know, warrantless search, you know, and monitoring. Right. And so that's, this really comes into that element. You know, do our federal enforcement Katie (57:32.432) It's very 1984, big brother. John DePersenaire (57:41.768) agency is allowed to have access to that data without a warrant. I mean, that's a real serious privacy question that has to be answered, to be honest. Katie (57:50.23) Yeah. and especially with you guys working on potential technological advances and uses for tech to help mitigate this situation. Just the fact that you guys are working hard to give a different solution, I think is exceptional. Now, already we know how it worked with proposing the rule. We know you guys built a task force and are continuing to try and find a better solution, continuing to be involved in the government, even though it's all behind closed doors. And you told me the other day, I believe, that there is, you got involved a little bit with the small business office in the U.S. Can you tell me, I don't remember the lingo, I'm sorry, but can you tell me how that is a way to help benefit the situation as a whole despite the fact that you guys don't really have a say in what's going on the regulatory side? John DePersenaire (58:44.512) Yeah, so we had a roundtable discussion with the US Small Business Administration back in September of 2022. And it's really an interesting branch of the federal government. It's relatively small. But they have this one office, it's the advocate. And really what their charge is, is to make sure that small businesses in the country are not, you know, inordinately impacted by federal regulations, right? Or at least that the impacts are known if they move forward with a decision on that. And so during that round table discussion, there was representatives from our sector, the recreational fishing and boating sector, the ports, pilots, fast ferries, even seaplanes. I think there was a representative for the seaplanes there. So as you can imagine, it was everyone that had some stake or had some activity on the water that was important to them. And really what that ended up producing was a really strong letter from the Small Business Administration that was submitted to the federal record that pointed out that the industry was demonstrating that there were things that could have been considered in terms of reducing risk through technology. but they weren't considered in the rule. And so that was a really powerful statement. And so as this rule now goes on to OIRA and reflecting back upon those two pathways that happened in parallel there, that interagency review is not open to the public, but the Small Business Administration is involved with that interagency review. So... That is something where we have been sort of going back to them and providing them updated impacts. And so we've had some charter boat operators submit their statement, basically saying, I do X number of trips in this period of time. I sail from this port. This is what I charge for a trip. I'm a small business. I have four employees. I have two employees, whatever it is. And that's a real impact that the Small Business Administration, they can go back and John DePersenaire (01:00:58.42) submit that during the interagency review. So I think those are going to be really critical messages. And again, like the most important thing, I think, in this stage is bringing new information. The one thing that was hard about that public comment period, again, it was, it's hard to believe they're going to do it in 30 days, but even with 60 days, it was really hard to even get a lot of the economic impact information there, you know, and it just took more time for us to develop that and talk to the right people and get that all into place. So This is a good opportunity for us to bring that new information to the table because I think it's really compelling and it's really critical that they know about these impacts before they make a decision on this rule. Katie (01:01:41.49) Yeah, well said. Perfect. I love it. Besides the task force and the US Small Business Administration... You're gonna have to forgive me on that. What other... Have you guys been doing anything else in all your time you have? Or... I'm just kidding. John DePersenaire (01:01:53.477) I'm so happy to say it. John DePersenaire (01:01:59.556) Well, yeah, I mean, so, you know, listen, members of Congress, I mean, they're always concerned about, you know, constituents and impacts to, you know, their, their states and their districts that they represent. So this is a time where, yeah, if you ever thought about, if you thought more about how this would impact you, your business, your, maybe if it's even not a business, how it impacts your livelihood and your recreation, because that's a important thing, you know, reaching out to your member of Congress, letting them know, that member of Congress can then relay that message also through the interagency review. So they're allowed to engage in that as well. So all these sort of things are important. And again, the message is not that the hell with the North Atlantic right whale, you know, let it just run its course. What we're saying is that let's figure out how to come up with a really reasonable that acknowledges the needs of the industry, but also acknowledges that we have to do something for North Atlantic right wells. And we think there's that balance that can be struck there. And listen, we've, again, you've pointed out that task force several times. I mean, it's not just there on paper. We meet, we talk about this, we're doing pilot projects. The electronics folks are hard at work trying to figure out how this, get this all integrated onto a screen. So work is being done. It's not like we're just. pushing this off and saying, you know, we just want to go fast. You know, we are trying to come up with alternatives here that make a lot of sense. And so that's really what our message is at this final stage is all about. You know, we are working towards something that's going to have benefits for both the industry and. Katie (01:03:42.162) 100%. And not only that, but don't we feel like having a speed reduction zone for vessels 35 to 65 foot doesn't actually make a big difference on the right whales? John DePersenaire (01:03:58.124) Yeah, I mean, that's something that, yeah, we're not exactly sure it's going to have much benefit. This is one of the, you know, I talked about this earlier, but this is, again, it's all about reducing risk. And again, it's just a little bit of a foreign approach because, again, thinking back to fisheries, you know, we're typically given a status report of a stock, right? Say we're talking about bluefin tuna, for example. know, and say, all right, this is the stock status. It seems like we have to reduce fishing mortality by 25%. This is what that 25% reduction is going to do to our overall domestic quota. This is how we're going to implement regulations to achieve that 25% reduction in quota. This is a little different in the sense that they say we need to reduce risk of vessel strikes. We don't disagree with that, but we're not giving a clear objective. And so from an incremental progress standpoint, how do you even know if you're making progress. That's a real tricky thing. And so what was so interesting as we were trying to dive into the details to figure out a little bit more about this so we could help with our work and product development and all that sort of stuff, seeing if we're coming up with ideas that even had adequate effectiveness rates, what we found was that, what was so interesting is that in response to the 2008 Vessel Speed Rule, there was a reduction of vessel strikes. but there was actually no, they were not able to correlate that to the rule. So it's a really interesting modeling exercise and one that doesn't quite make sense. It seems like we need to figure out what was driving. Maybe it was a Vessel Speed, because I mean, I know when I think about a big shipping container, I mean, if that thing's going 15 knots or 10 knots and it hits a whale, I mean, I don't think the outlook is much different, to be honest. So... It just makes you really want to dive into the details and it really wants you to make sure that we're looking at this from a really comprehensive standpoint. Like we don't wanna just assume that risk from a 35 foot center console boat is detrimental to the stock. It may be and it may have a risk, but is that significant enough to take such significant action? Or are there other ways that we can go about? John DePersenaire (01:06:20.204) mitigatin

Oirás Cantar a la Langosta (con MilyEnOff) de Joe Hill

Historias de Espantos

Play Episode Listen Later Apr 9, 2024 49:12

[Puedes apoyarme en: https://www.buymeacoffee.com/HDeEspantos] [Texto pendiente de edición] Colóquense unos audífonos o auriculares y disfruten de este relato de Joe Hill. Si les gustó, pueden seguirme en mis redes sociales: ·Instagram: https://www.instagram.com/fer.mr.bones/ ·Facebook: https://www.facebook.com/fer.mr.bones/?_rdc=1&_rdr & https://www.facebook.com/FernandoPalaciosAKAMrBones ·Twitter: https://twitter.com/FerMrBones También lo encuentras en Spotify y cualquier otro servicio de podcast. https://anchor.fm/fernando-palacios94 https://podcasts.apple.com/mx/podcast/historias-de-espantos/id1554046415 Y recuerda que encuentras a MilyEnOff en los siguientes Links: ... --- Send in a voice message: https://podcasters.spotify.com/pod/show/historiasdeespantos/message

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The Future of Financial Regulation Panel 2: What Should Regulate the Financial Regulators?

law study journal economics policy panel regulators regulate mercatus center administrative state financial regulation gray matters oira boyden gray center

Play Episode Listen Later Dec 19, 2023 74:11

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with former OIRA Administrator Paul J. Ray and AEI Senior Fellow Emeritus Peter Wallison, moderated by Gray Center Co-Executive Director Adam White. They discuss OIRA oversight of financial regulators and how to reform federal financial regulations.Notes:Videos from the conference

Gray Matters: Cicero Institute 2023 Report on State Regulatory Process Reform

The Ricochet Audio Network Superfeed

Play Episode Listen Later Dec 5, 2023

Adam White and Jace Lington talk with Jonathan Wolfson about a new Cicero Institute report that ranks state regulatory systems based on their accountability, responsiveness, and transparency. They discuss cost-benefit analysis, regulatory sunset provisions, state-level centralized review modeled on OIRA, and venue restrictions. Notes: Matthew Nolan and Jonathan Wolfson, National Regulatory Reform: Progress Rankings Report […]

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Cicero Institute 2023 Report on State Regulatory Process Reform

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Play Episode Listen Later Dec 5, 2023 46:34

Adam White and Jace Lington talk with Jonathan Wolfson about a new Cicero Institute report that ranks state regulatory systems based on their accountability, responsiveness, and transparency. They discuss cost-benefit analysis, regulatory sunset provisions, state-level centralized review modeled on OIRA, and venue restrictions.Notes:Matthew Nolan and Jonathan Wolfson, National Regulatory Reform: Progress Rankings Report 2023Matthew Nolan and Jonathan Wolfson, State Regulatory Processes Are Ripe for Reform, GoverningCicero Institute, Regulatory Sunset Model BillHarvard Journal of Law & Public Policy, Administrative Law in the StatesEugene Scalia, 2023 C. Boyden Gray Lecture on the Administrative State, “The Administrative State Debate: A View From the Secretary's Office”2021, Stuart Shapiro, The Impossibility of Legislative Regulatory Reform and the Futility of Executive Regulatory Reform, George Mason Law Review

Behind the Curtain of Federal Rulemaking with Shauna Weatherly of FedSubK.com

GRC Academy

Play Episode Listen Later Nov 18, 2023 28:33

In this episode Jacob speaks with Shauna Weatherly from FedSubK.com.Shauna recently retired from the federal government after serving more than 35 years in the federal acquisition / contracting space! During her career she served as chief of contracting, contracting officer representative, and as an advisor to the Civilian Agency Acquisition Council (CAAC).She even has direct experience in the federal rulemaking process, and contributed to FAR case 2017-016, also known as the FAR CUI rule, which will contractually require the implementation of NIST SP 800-171 on federal contracts.Join us as we pull back the curtain on the federal rulemaking process and more!Here are some highlights from the episode:Shauna's backgroundSteps and roles involved in the federal rulemaking processWhat is a FAR case?What is OIRA's role?The relationship between the FAR and DFARSHow to provide effective public comments on regulationsImpacts of FAR case 2017-16 - CUI ruleImpacts of FAR case 2021-17 - Cyber Threat and Incident Reporting and Information Sharing regulationImpacts of FAR case 2021-019 - Standardizing Cybersecurity Requirements for Unclassified Information SystemsFollow Shauna on LinkedIn: https://www.linkedin.com/in/shauna-weatherly/FedSubK website: https://www.fedsubk.com/-----------Governance, Risk, and Compliance Academy (GRC) Academy is a training and research platform!Online GRC Training: https://grcacademy.io/courses/?utm_source=podcast&utm_medium=s1-e16&utm_campaign=coursesNeed a FedRAMP authorized Password Manager?Start a free 14-day trial of Keeper: https://grcacademy.io/ref/keeper/b2b-trial/See the CMMC controls that Keeper meets: https://grcacademy.io/ref/keeper/cmmc-controls-sheet/

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Chevron on Trial Keynote: Paul J. Ray on the Expertise Rationale for Chevron Deference and a Fireside Chat with Jennifer Mascott

Play Episode Listen Later Nov 14, 2023 44:38

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a keynote address from Paul J. Ray, presenting his new paper about the expertise rationale for Chevron deference, and a fireside chat between Mr. Ray and Gray Center Co-Executive Director Jennifer Mascott, discussing his time as Administrator of OIRA.Notes:Video from the conferencePaul J. Ray's new paper on the expertise rational for Chevron deference

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Episode 57: Where Are the Title IX Regs?

The Law & Education

Play Episode Listen Later Oct 26, 2023 11:58

It's October 2023 and the long-awaited Title IX regulations remain a topic of anticipation and speculation. Back in May of 2023, the Department of Education and Office for Civil Rights projected that we'd see these new regulations this month. However, it seems highly unlikely that this timeline will be upheld. So where are we now? And when can we expect to see new Title IX regulations released? In today's episode, we look back at what has happened thus far and where we might be going with these regulations. We get into the public comment period initiated by the Notice of Proposed Rulemaking, the thousands of comments the Office for Civil Rights is tasked with responding to, and the Office of Information and Regulatory Affairs (OIRA) review that is yet to be completed. Today's episode also covers when we predict the new regulations will be released along with recommendations on what to do in the interim as you continue your compliance efforts. To hear all the latest on this topic and what to expect in the future, be sure to tune in! Key Points From This Episode: Some updates on what has been happening at ICS. A quick rundown of our virtual and in-person training options. The new Title IX regulations that were set to be released in October of 2023. Assessing where we are now, in October 2023, and why we do not foresee the release of new Title IX regulations by the end of the month. How the Department of Education is empowered to draft and release regulations. A reminder of the draft rules, published in July of 2022, that amend the 2020 regulations. The 2020 Title IX regulations that we have been under for the past four academic years. An overview of the Notice of Proposed Rulemaking (NPRM) and how that initiated a public comment period under the Administrative Procedures Act (APA). How the Office for Civil Rights is tasked with responding to all comments submitted. The final regulation that gets released and how it can be modified by public comments. Why we don't expect either of the two announced regulations to be released this month: the Office of Information and Regulatory Affairs (OIRA) review that is yet to be done. An overview of what the OIRA review entails. Our prediction for when new regulations could be implemented in 2024. Recommendations on how to continue compliance efforts in the interim. Don't forget to like, review, and subscribe to help us grow! Links Mentioned in Today's Episode: Michaela Bland on LinkedIn 'Consider an Interim Title IX Coordinator for a Cost-Effective Solution' ICS Contact Us Form ICS Lawyer ICS Blog Higher Ed Community Access K-12 Community Access Higher Ed Virtual Certified IX Training K-12 Virtual Certified Title IX Training Courtney Bullard on X Courtney Bullard Email

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Deep Dive Episode 277 - Welcome & Plenary Session: Regulatory Review Reset?

RTP's Free Lunch Podcast

Play Episode Listen Later Sep 8, 2023 85:57

Eleventh Annual Executive Branch Review Conference — EBRXITheme: Transparency, Accountability, and the Administrative StateThe White House recently released much-anticipated changes to federal regulatory practices, including a new Executive Order 14094 on “Modernize Regulatory Review,” draft revisions to Circular A-4 governing regulatory impact analysis, and draft guidance on meetings with entities outside of the executive branch. The Office of Information and Regulatory Affairs (OIRA) has the lead for implementing these changes, which comprise the most significant regulatory policy initiatives of the Biden administration. In this opening session, OIRA experts, including several former OIRA administrators will review these developments.Featuring:Anthony Philip Campau, Principal, Clark Hill Public Strategies & Attorney, Clark Hill PLCSusan Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice Trachtenberg School of Public Policy & Public Administration, George Washington UniversitySally Katzen, Professor of Practice and Distinguished Scholar in Residence & Co-Director of the Legislative and Regulatory Process Clinic, New York UniversityModerator: Andrew Olmem, Partner, Mayer Brown

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60: Demystifying Agency Rulemaking, Ep. 2: Mastering Participation in the Process

More with McGlinchey

Play Episode Listen Later Aug 30, 2023 23:55

In the second episode of our two-part series, “Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the Paperwork Reduction Act (PRA), Regulatory Flexibility Act (RFA), the Office of Information and Regulatory Affairs (OIRA), and the importance of participating in the rulemaking process. They will review rulemaking comment options for businesses, including when and what type of comments should be made.

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Welcome & Plenary Session: Regulatory Review Reset?

FedSoc Events

Play Episode Listen Later Aug 21, 2023 89:48

Earlier this month, the White House released much-anticipated changes to federal regulatory practices, including a new Executive Order 14094 on “Modernize Regulatory Review,” draft revisions to Circular A-4 governing regulatory impact analysis, and draft guidance on meetings with entities outside of the executive branch. The Office of Information and Regulatory Affairs (OIRA) has the lead for implementing these changes, which comprise the most significant regulatory policy initiatives of the Biden administration. In this opening session, OIRA experts, including several former OIRA administrators will review these developments.

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A review of federal efforts to improve citizen experience and reduce administrative burden

Play Episode Listen Later Jul 21, 2023 26:07

No American would stand on a soap box and shout out how easy it is to deal with the federal government. A small office deep within the White House apparatus has been coaxing agencies to reduce what's officially known as administrative burden on citizens, things like difficult forms, procedures for getting on airplanes, obtaining a loan. The Office of Information and Regulatory Affairs (OIRA) has a progress report on the year-old effort. To find out more, Federal Drive Host Tom Temin spoke with OIRA's associate administrator, Sam Berger. Learn more about your ad choices. Visit podcastchoices.com/adchoicesSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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A review of federal efforts to improve citizen experience and reduce administrative burden

Play Episode Listen Later Jul 21, 2023 26:07

No American would stand on a soap box and shout out how easy it is to deal with the federal government. A small office deep within the White House apparatus has been coaxing agencies to reduce what's officially known as administrative burden on citizens, things like difficult forms, procedures for getting on airplanes, obtaining a loan. The Office of Information and Regulatory Affairs (OIRA) has a progress report on the year-old effort. To find out more, Federal Drive Host Tom Temin spoke with OIRA's associate administrator, Sam Berger. Learn more about your ad choices. Visit megaphone.fm/adchoices

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2023-06-19 What Could Be the Harm of Filing an ERC Claim?

Play Episode Listen Later Jun 22, 2023 46:02

This week we look at OIRA is no longer going to review IRS regulations before issuance IRS updates list of automatic accounting method changes Proposed regulations issued on transfers of certain energy credits and DirectPay for certain credits What can go wrong with an employee retention credit refund claim?

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2023-06-19 What Could Be the Harm of Filing an ERC Claim?

EY Cross-Border Taxation Alerts

Play Episode Listen Later Jun 19, 2023

OIRA will no longer review IRS regulations prior to publication, IRS releases most recent consolidated accounting method change revenue procedure and more.

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EY Cross-Border Taxation Spotlight for Week ending 16 June 2023

Play Episode Listen Later Jun 16, 2023 4:32

A review of the week's major US international tax-related news. In this edition: US House Ways and Means Committee approves three separate tax packages – Proposed US-Chile income tax treaty may have final US Senate vote as early as 21 June – OMB's OIRA will no longer review Treasury tax regulations – OECD officials comment on BEPS Pillars One and Two.

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Tues 6/13 - Trump Arraignment, JPMorgan Settles, WH Reviews Tax Regs No More, Freshfields to the US and Column Tuesday on ChatGPT

Minimum Competence

Play Episode Listen Later Jun 13, 2023 9:36

On this day, June 13th, in legal history, the Supreme Court issued its landmark decision Miranda v. Arizona. In Miranda v. Arizona, the Supreme Court dealt with four cases involving interrogations of suspects in police custody. In each case, the defendants were questioned in a secluded room without being adequately informed of their rights. The interrogations resulted in oral and written confessions, which were used as evidence in the trials.The first case involved Ernesto Miranda, who was arrested at his home and interrogated by police officers for two hours. He confessed in writing to the crimes and was found guilty. The Supreme Court of Arizona initially upheld the conviction, but the Supreme Court later reversed it.In the second case, Vignera v. New York, Vignera was taken to multiple police stations, where he admitted to a robbery during questioning by an assistant district attorney. The confession was presented at trial, and Vignera was convicted. The conviction was upheld without an opinion by the appellate courts.The third case, Westover v. United States, involved Westover's arrest by local police in Kansas City. After local police interrogated him, FBI agents continued the questioning, resulting in separate confessions to two California robberies. These confessions were introduced as evidence, and Westover was convicted. The Ninth Circuit Court of Appeals affirmed the conviction.In the final case, California v. Stewart, the defendant was interrogated multiple times over five days before confessing to a robbery and murder. The statements were used in the trial, leading to Stewart's conviction and death sentence. However, the Supreme Court of California reversed the decision, stating that Stewart should have been advised of his rights.The main issue addressed by the Supreme Court was whether statements obtained through custodial interrogations should be admissible in court and if safeguards protecting the Fifth Amendment privilege against self-incrimination were necessary. The Court held that the privilege applies in all settings where a person's freedom of action is significantly restricted and that procedural safeguards are required.According to the Court, custodial interrogations create coercive pressures that can undermine a person's will to remain silent. As a result, defendants must be informed of their rights, including the right to remain silent, the right to an attorney, and the right to have an attorney appointed if they cannot afford one.In its decision, the Supreme Court reversed the judgments of the lower courts in Miranda, Vignera, and Westover, and affirmed the judgment of the Supreme Court of California in Stewart.Facts and Case Summary - Miranda v. Arizona | United States CourtsFormer U.S. President Donald Trump is set to appear in a federal court in Miami to face charges that he violated the Espionage Act by retaining and mishandling classified documents, including top-secret nuclear information and war plans, after leaving office. This is an unprecedented indictment for a former president, with legal experts noting that the U.S. Justice Department has historically treated such cases as extremely serious. The government's challenge will be to demonstrate intent, a crucial element in state-secrets prosecutions. The indictment cites Trump's past statements about the importance of safeguarding classified information and contrasts them with a transcript of a recording where he allegedly acknowledged retaining a classified military plan. The case alleges that Trump unlawfully retained 31 documents with sensitive national security information and more than 300 documents with classified markings. The number and nature of the documents, coupled with allegations of obstruction, strengthen the government's case. Trump's former White House valet and aide, Walt Nauta, is also named as a co-defendant. Trump is facing multiple legal threats as he pursues a second term, including a New York state criminal case over hush money payments. Special Counsel Jack Smith, appointed to lead the federal prosecution, emphasized the importance of enforcing laws protecting national defense information.Trump to face charges in Florida court in classified documents case | ReutersTrump Heads to Court to Start Fighting Espionage Act ChargesJPMorgan Chase & Co. has agreed to pay $290 million to settle a lawsuit related to its alleged involvement with convicted serial offender Jeffrey Epstein's trafficking activities. The settlement resolves a proposed class action filed by an unnamed Epstein victim. While JPMorgan admits no liability, the bank acknowledges the mistake of any association with Epstein and expresses regret. The settlement does not fully resolve JPMorgan's legal issues, as it still faces a lawsuit by the US Virgin Islands and is engaged in litigation against its former private-banking head, Jes Staley. The settlement represents a step toward justice for Epstein survivors, according to their attorney. The case against JPMorgan was allowed to proceed as a class action, representing women who were abused or trafficked by Epstein during his accounts' tenure at the bank. Deutsche Bank, which took over as Epstein's main financial institution after JPMorgan severed ties, previously settled a similar lawsuit for $75 million. The US Virgin Islands continues its legal action against JPMorgan to prevent future involvement in human trafficking.JPMorgan Agrees to Pay $290 Million to Settle Epstein CaseThe Biden administration's Treasury Department and the Office of Management and Budget (OMB) have reached an agreement that removes tax regulatory actions from White House review. The memorandum of agreement, effective immediately, replaces a 2018 agreement made under the Trump administration. The new agreement exempts tax regulatory actions from the standard centralized review process of OMB's Office of Information and Regulatory Affairs (OIRA). Previously, tax regulations were not subject to OIRA review, but the 2018 agreement introduced OIRA reviews for tax regulations with certain criteria. The latest agreement aims to expedite the issuance of tax guidance, address backlogs, and facilitate prompt implementation of legislation. Some experts laud the decision, citing the flawed analysis and delays caused by OIRA reviews, while others express concerns about transparency and oversight. The change is seen as a move to streamline the tax-regulatory process and reduce controversy surrounding the review process.Tax Rules Exempt From White House Review Under New Pact (1)Law firm Freshfields Bruckhaus Deringer is expanding its presence in the United States by hiring a team of four partners from Wilson Sonsini Goodrich & Rosati. The group specializes in crisis and regulatory risk management, cybersecurity, and congressional investigations. Beth George, a former U.S. Department of Defense official, will lead Freshfields' newly formalized strategic risk and crisis management practice in Silicon Valley. The firm has also added Megan Kayo, a cybersecurity partner, in the same location. In Washington, D.C., Freshfields has welcomed Janet Kim and Andrew Dockham, who focus on regulatory enforcement defense and internal corporate investigations. The move is driven by the growing concerns of clients regarding global regulatory impacts and data breach concerns, as well as Freshfields' international reach and commitment in the United States. The firm has been actively expanding its U.S. presence, with recent hires from other law firms. Wilson Sonsini expressed well wishes for the departing lawyers, and Freshfields has a history of recruiting partners from Wilson Sonsini to build its California office.Freshfields is perhaps best known for being compelled to pay 10 million euros ($12.1 million) to settle a German case related to the Cum-Ex tax scandal and its involvement with now-defunct Maple Bank. Freshfields itself did not have to participate in the trial of its two former partners who were charged in the case. The Cum-Ex trades exploited German tax laws and resulted in significant lost revenue for the government.Law firm Freshfields keeps up US expansion with Wilson Sonsini team | ReutersFreshfields to Pay $12 Million to Settle German Cum-Ex Probe (1)The recent incident involving a lawyer's misuse of ChatGPT to write a brief and its cited case law serves as a cautionary tale not just for legal professionals, but also for tax professionals. The lawyer's mistake highlights the limitations of generative artificial intelligence (AI) but more to the point it is illustrative of the potential risks of relying on such technology without a solid understanding of its capabilities. Large language models like ChatGPT can be convincing but may lack factual accuracy. Given time, similar cautionary tales will play out in most industries. To illustrate the point, I created two hypothetical tax practitioners and their ill-advised AI ideas. In one case, an accountant uses ChatGPT to reformat data but inadvertently leaks personal information, resulting in a data breach. The lesson here is to never include sensitive information in prompts given to AI owned by third parties.In the second scenario, a preparer relies on ChatGPT's tax research and receives an incomplete and inaccurate response about alcohol sales tax in Massachusetts. This demonstrates the importance of understanding the nuances of tax law and not relying solely on AI models for accurate information.The proliferation of large language models with public-facing interfaces has changed the level of research proficiency expected from users. While search engines like Google can help determine the credibility of information sources, AI models like ChatGPT can present incorrect information with an air of expertise, making it difficult to discern their accuracy.When using language models for research, it is crucial to exercise caution and verify information from reliable sources. AI should be seen as a tool that requires human judgment and critical thinking to ensure accurate and reliable results. It is akin to using Google on “hard mode” – where the results are intentionally reformatted to appear authoritative. Caveat scriptor.ChatGPT Court Brief Offers Cautionary Tale for Tax Pros, Too Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

The Deep[ly Necessary] State (with K. Sabeel Rahman)

How to Save a Country

Play Episode Listen Later Jun 8, 2023 49:23

If you've never heard of OIRA, you aren't alone. But while small, the Office of Information and Regulatory Affairs is a mighty federal agency, with a vital role in reviewing and implementing executive branch regulations. It's also a popular target for some on the right. When conservatives target the administrative state and paint executive powers or civil service as overreaching, agencies like OIRA are what they're disparaging. What would the US look like without the administrative state? And what can progressives do to protect it? This week, Felicia and Michael ask those questions (and many more) of OIRA's recent leader, K. Sabeel Rahman, who served in the agency from 2021 to early 2023. Sabeel is the co-founder and co-chair of the Law and Political Economy Project, the former president of the think tank Demos, and the author of the books Democracy against Domination and Civic Power: Rebuilding American Democracy in an Era of Crisis (co-authored by Hollie Russon Gilman). As Sabeel tells Michael and Felicia, OIRA is indispensable in that rebuilding. “Of course we want our government to be responsive and accountable to the public,” Sabeel says. “But I would actually argue that the way we do that is through the regulatory process, through having policymakers in government who are apolitical, neutral civil servants whose whole mission is to serve the public, not to serve any one party.” And later, the trio discuss OIRA's efforts to make government services more accessible and reflect on the too-close-for-comfort debt ceiling battle. Presented by the Roosevelt Institute, The New Republic, and PRX. Generous funding for this podcast was provided by the William and Flora Hewlett Foundation and Omidyar Network. Views expressed in this podcast do not necessarily reflect the opinions and beliefs of its funders. You can find transcripts and related resources for every episode at howtosaveacountry.org.

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Explainer 54 – Examining the Biden Administration's Proposed Changes to Cost-Benefit Analysis

RTP's Free Lunch Podcast

Play Episode Listen Later May 24, 2023 42:52

On April 6, 2023, the Biden Administration announced two new efforts to "modernize regulatory review" – the first through the signing of Executive Order 14094 and the second through proposing revisions to OMB's Circular A-4, the government-wide guidance on regulatory analysis. Public comments on the proposed revision of Circular A-4 are due by June 6, 2023.In this Explainer podcast, Howard Beales, Karen Harned, and Paul Ray discuss the new developments around how the Biden Administration and federal agencies will approach cost-benefit analysis. They explore the importance of long-standing regulatory review processes, concerns around the potential politicization of cost-benefit analysis, changes to the threshold for OIRA to review regulations, and how these developments may ultimately affect the American people.Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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Lena Popova @ Record Club #1138 (10-05-2023)

Radio Record

Play Episode Listen Later May 9, 2023

Guest Mix by Oira

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Lena Popova @ Record Club #1138 (10-05-2023)

Lena Popova

Play Episode Listen Later May 9, 2023

Guest Mix by Oira

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The wonky but incredibly important changes Biden just made to regulatory policy

Volts

Play Episode Listen Later Apr 21, 2023 68:15

When President Biden first took office, his administration released a series of "Day One executive actions." Among them was reforming the way federal regulations are developed and evaluated. This is not exactly something the public was clamoring for, or even aware of, but it is foundational to the administration's ability to achieve its other goals.The agency in charge of reviewing proposed federal regulations is called the Office of Information and Regulatory Affairs, or OIRA, which sits inside the Office of Management and Budget (OMB). It is a fairly obscure corner of the federal bureaucracy that doesn't come in for much public scrutiny, but as the gateway through which all federal regulations must pass, it is immensely powerful in shaping the space of possibilities for any administration.A few weeks ago, OIRA answered Biden's call by issuing updated versions of two crucial documents: circular A4 and circular A94. The former contains guidance for agencies on how OIRA will evaluate regulations; the latter contains guidance for how it will evaluate public investments.These guidance documents have not been updated in over 20 years, so this development is long overdue. The new circulars contain some fairly technical updates to the way OIRA does cost-benefit analysis — and the goals toward which it deploys cost-benefit analysis — but they are incredibly important, evidence of a generational philosophical shift.To unpack these changes, I talked with Sabeel Rahman of Brooklyn Law School, who served as acting administrator of OIRA last year while its current leader was being confirmed by the Senate. Rahman was intimately involved in designing the updated guidance, so I was eager to talk to him about the new approach, how it was developed, how it reflects Biden's priorities, and what it means for the future of climate and other regulations.I know this sounds wonky, but it is worth your time. I promise you will come out of it excited about cost-benefit analysis. Get full access to Volts at www.volts.wtf/subscribe

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2023-02-27 More Information Returns Required to be E-Filed

Mi primer pensamiento es para Ti

Play Episode Listen Later Feb 26, 2023 25:51

This week we look at: Proposed regulations issued for retirement plan forfeitures OIRA completes review of crypto broker proposed regulations, expected to be issued shortly IRS extends relief for taxpayers impacted by disasters in California, Alabama and Georgia IRS issues final business electronic filing mandate regulations

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Deep Dive 251 - FTC: Cost/Benefit Analysis of Proposed Rules – A Deeper Dive

RTP's Free Lunch Podcast

Play Episode Listen Later Feb 13, 2023 62:08

Although primarily an enforcement agency, the Federal Trade Commission (FTC) has issued a historic number of proposed rules over the past two years. From prohibiting non-compete provisions potentially impacting 30 million employment contracts or privacy and data security rules implicating personal information online, these proposed rules will affect most sectors of the U.S. economy. This panel of experts will explore how a federal agency undertakes the cost-benefit analysis for proposed rules, comparing independent agencies to those subject to OIRA review, and provide practical tips for lawyers and economists working on agency rulemaking comments.Featuring:Dr. Andrew Stivers, Associate Director, NERA Economic ConsultingPaul Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage FoundationJonathan Wolfson, Chief Legal Officer and Policy Director, Cicero InstitutePaul Metrey, Senior Vice President, Regulatory Affairs, National Automotive Dealers Association [Moderator] Svetlana Gans, Partner, Gibson, Dunn & Crutcher, LLPVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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Lo oirán de nuestra boca (Sal 77)

Play Episode Listen Later Jan 13, 2023 3:50

Oraciones para iniciar el día basadas en el salmo de la liturgia dirigidas por Tais Gea.

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Role of OIRA, compliance with 508 requirements highlight lawmakers' focus on IT modernization in 2023

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Play Episode Listen Later Dec 22, 2022 18:40

Congress many have shown little new love for the Technology Modernization Fund in its fiscal 2023 omnibus bill, but that doesn't mean IT modernization will not reap what the Office of Management and Budget has been sowing for the past decade. Lawmakers seem to finally grasp there are specific policy changes and resources that agencies need to chip further away at the mounting billions of dollars in technical debt.

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Episode 61: Y El oira las peticiones de tu corazon

Buscando a Dios

Play Episode Listen Later Jun 26, 2022 11:45

hara resplandecer tu justicia como la luz,y tu derecho como el mediodia.

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La Battaglia 1 contro 100 - la storia del Partigiano Dom ad Oira di Nonio

Landexplorer

Play Episode Listen Later Apr 25, 2022 14:34

Puntata speciale di "Cartoline dal Territorio", il format culturale nato dalla collaborazione tra Landexplorer ed il blog i Viaggiatori ignoranti. Oggi vogliamo celebrale la Festa della Liberazione percorrendo, comodamente seduti in poltrona, le orme lasciate ad Oira di Nonio della battaglia "1 contro 100" tra partigiani ed il plotone SS avvenuta nella notte tra il 4 ed il 5 giugno 1944. Come sempre potete approfondire quanto riassunto nel video attraverso l'articolo presente al seguente link: https://www.viaggiatoriignoranti.it/2022/04/1-contro-100-la-storia-del-partigiano-dom-ad-oira-di-nonio.html #storia #memoria #resistenza #partigiani #festadellalibertà #festadellaliberazione

Questions on whether federal rulemaking takes in comments from everyone affected

McDermott Health Podcast Channel

Play Episode Listen Later Apr 11, 2022 20:04

Seeking comments from those affected, it's a foundation stone of U.S. federal rulemaking. And regulated parties, companies, industries, associations, they're never shy about commenting. But what about those whom rules are supposed to benefit? Our next guest says the evidence shows, that group is often silent. And has a prescription for widening participation in rulemaking. She's a professor at New York University and former administrator of the White House Office of Information and Regulatory Affairs, Sally Katzen.

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Reevaluating the Role of Education in the Workplace

Higher Ed ReWired

Play Episode Listen Later Feb 1, 2022 22:23

About This Episode:In 2019, amidst rising tuition and student debt, The Gates Foundation created a new panel called the Postsecondary Value Commission to examine the return on investment of the college degree across gender and race. Members of the panel measured “postsecondary value” in terms of earnings, access to high-quality jobs, and economic mobility and security.Higher Ed Rewired had a conversation with the commission's research analyst, University of Texas System Associate Vice Chancellor for Institutional Research and Advanced Analytics, David Troutman, Vice President and Global Head of Corporate Social Responsibility at IBM, Justina Nixon-Saintil and Filmmaker, Quincy Ledbetter. Listen as these experts discuss how higher education should be rethinking its role in the workplace.Featured on This Episode:David R. Troutman, Ph.D., is the Associate Vice-Chancellor and Chief Data Officer of Institutional Research and Advanced Analytics for the Office of Institutional Research and Analysis (OIRA) at The University of Texas System. As the Associate Vice Chancellor for OIRA, Dr. Troutman and his team of researchers and business intelligence analysts transform data into timely and meaningful information in order to support UT System initiatives and policy decisions across its 13 institutions and to enhance insight, transparency, and accountability. He earned his Ph.D. in Human Development and Family Studies from the University of North Carolina at Greensboro. Justina Nixon-Saintil serves as IBM's Vice President and Head of the company's Corporate Social Responsibility efforts. She is responsible for driving global social responsibility strategy and initiatives that enable IBM's technology and talent to address and impact, at scale, the most demanding societal and community challenges in both growth and established markets.Justina is an Aspen Institute First Mover Fellow and earned her Master of Business Administration from New York University's Leonard N. Stern School of Business and her bachelor's degree in Mechanical Engineering from the State University of New York at Buffalo. Quincy Ledbetter, is a filmmaker, photographer, and musician who focuses primarily on the narrative, documentary, and experimental film. Resources for This Episode: University of Texas SystemIBMThe Gate FoundationPost-Secondary Value Commission Report

Visite guidate Ferragostane e prime anticipazioni sulle prossime attività di Landexplorer

Landexplorer

Play Episode Listen Later Aug 9, 2021 12:27

Brevisssima pausa estiva di Landexplorer (solo 4 giorni!) e poi staremo assieme per Ferragosto con le nostre visite guidate che inizieranno venerdì 13 agosto e si concluderanno lunedì 16 agosto. sotto trovate i link per prenotarvi online!Venerdì 13 agosto - Nonio MiniExplorer: https://www.eventbrite.it/e/biglietti-nonio-miniexplorer-110607261296Sabato 14 agosto - Luzzogno ed i riti di luce: https://www.eventbrite.it/e/biglietti-luzzogno-gli-antichi-riti-di-luce-166050384169Domenica 15 agosto - Brolo: il paese dei gatti: https://www.eventbrite.it/e/biglietti-brolo-il-paese-dei-gatti-110585787066Lunedì 16 agosto - Oira ed il serpentino: https://www.eventbrite.it/e/biglietti-oira-ed-il-serpentino-166073625685Nel frattempo stiamo potenziando l'infrastruttura tecnologica, entro settembre ci sarà un nuovo sito ed una nuova newsletter oltre a 2 progetti che permetteranno ai giovani di mettersi in gioco e di conoscere in maniera più approfondita il territorio.Anche il videopodcast si rinnova nascerà "Cartoline dal Territorio" un video-podcast, settimanale o quindicinale, strutturato per raccontare il territorio del VCO (e non solo) con aneddoti, storia, memorie e tanto altro!

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Executive Offices in the Spotlight: OIRA, OMB and Advocacy

McDermott+Consulting

Play Episode Listen Later Apr 13, 2021 35:13

On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), is joined by Mara McDermott, Vice President of McDermott+Consulting and guest Satya Thallam, former Senior Counselor in the Office of Management and Budget (OMB) for a conversation on rulemaking processes, the Biden administration’s expected approach on health policy and more. Satya, Brian and Mara discuss: The roles of OMB, the Office of Information and Regulatory Affairs (OIRA) and the Department of Health and Human Services (HHS) in the rulemaking process Approaches and top tips for effectively engaging with OIRA and OMB Real-world examples of navigating interagency communication during the rulemaking process The Biden administration’s approach to executive orders in early days of his presidency

health office joe biden management vice president executives advocacy us department trenches offices mcdermott satya omb human services hhs senior counselor budget omb oira acting general counsel

Executive Offices in the Spotlight: OIRA, OMB and Advocacy

Play Episode Listen Later Apr 12, 2021 35:13

On this episode of In the Trenches, , McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), is joined by , Vice President of McDermott+Consulting and guest , former Senior Counselor in the Office of Management and Budget (OMB) for a conversation on rulemaking processes, the Biden administration's expected approach on health policy and more. Satya, Brian and Mara discuss: The roles of OMB, the Office of Information and Regulatory Affairs (OIRA) and the Department of Health and Human Services (HHS) in the rulemaking process Approaches and top tips for effectively engaging with OIRA and OMB Real-world examples of navigating interagency communication during the rulemaking process The Biden administration's approach to executive orders in early days of his presidency

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The Future of White House Regulatory Oversight in the Biden Administration

donald trump joe biden white house biden administration executive orders regulatory oversight oira

Play Episode Listen Later Jan 15, 2021 81:37

Over the last four years, the Trump administration continued the longstanding framework for OIRA regulatory oversight, but it also developed new oversight tools, such as the new regulatory budgeting framework of Executive Order 13771. How will the new Biden Administration structure its own frameworks for regulatory oversight? What old and new tools will it keep? And what new innovations might it... Source

Nuestros hijos lo oirán de nuestra boca (Sal 77)

Mi primer pensamiento es para Ti

Play Episode Listen Later Jan 15, 2021 3:51

Oraciones para iniciar el día basadas en el salmo de la liturgia dirigidas por Tais Gea.

nuestra nuestros hijos boca oraciones oira

The Future of White House Regulatory Oversight in the Biden Administration

donald trump joe biden white house biden administration executive orders regulatory oversight oira

Play Episode Listen Later Jan 15, 2021 81:36

Over the last four years, the Trump administration continued the longstanding framework for OIRA regulatory oversight, but it also developed new oversight tools, such as the new regulatory budgeting framework of Executive Order 13771. How will the new Biden Administration structure its own frameworks for regulatory oversight? What old and new tools will it keep? […]

Why Oh Why, OIRA?

Feet to the Fire

Play Episode Listen Later Dec 10, 2020 31:36

The Office of Information and Regulatory Affairs is way more important than it sounds. It didn't serve the Clinton or Obama adminstrations (or the country) well, says James Goodwin of the Center for Progressive Reform. If Joe Biden aspires to a successful presidency, he should steer clear of those footsteps.

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Capital Conversations: Hon. Paul J. Ray, OIRA Administrator

EY Cross-Border Taxation Alerts

Play Episode Listen Later Oct 20, 2020 38:39

Join us as Paul Ray, the Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget, discusses the priorities and work of his office during 2020.Featuring: Hon. Paul J. Ray, Administrator of the Office of Information and Regulatory Affairs, Office of Management and BudgetTeleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

conversations office management budget capital administrators regulatory affairs federalist society paul j oira paul ray teleforum

EY Cross-Border Taxation Spotlight for Week ending 7 August 2020

Play Episode Listen Later Aug 7, 2020 4:09

A review of the week's major US international tax-related news. In this edition: Congress continues talks over another coronavirus bill, no deal reached – Final BEAT regulations now under OIRA review – IRS may refine Tested Unit Rule under GILTI High-Tax Exclusion rules – UN Tax Committee members issue proposal regarding taxation of digital services income.

business podcasting congress podcasters irs tax ey taxation crossborder ernst young week ending oira

EY Cross-Border Taxation Spotlight for Week ending 17 July 2020

EY Cross-Border Taxation Alerts

Play Episode Listen Later Jul 17, 2020 5:37

A review of the week's major US international tax-related news. In this edition: IRS releases new draft partnership forms for 2021, Schedule K-2 and K-3 (Form 1065) – Treasury delivers two international tax-related regulatory projects to OMB’s OIRA for review – USTR announces action on France’s Digital Services Tax – OECD expects blueprint proposals for BEPS 2.0 Pillar 1 and 2 by October 2020 – OECD releases new corporate tax statistics, including aggregated CbCR data.

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Address by OIRA Administrator Hon. Paul J. Ray

Play Episode Listen Later May 22, 2020 43:32

The Paperwork Reduction Act of 1980 created the Office of Information and Regulatory Affair (OIRA) within the Office of Management and Budget (Office of Management and Budget ). Executive Order 12291, issued by President Reagan in 1981, gave OIRA the responsibility to review the subject matter of government agency’ regulatory actions before publication in the Federal Register. The Office’s regulatory review persona was initially highly controversial, and it has been criticized throughout the past decades as being both too active and too passive, in regard to agency rules. Regardless of which side of the political spectrum critics fall on however, many believe OIRA is one of the most important, if relatively unknown, sources of government power in relation to the Executive branch and the Administrative state. Although OIRA has a number of specific statutory responsibilities (e.g., paperwork review and regulatory accounting), as a constituent of OMB it is part of the Executive Office of the President, and helps ensure that covered agencies’ rules reflect the President’s policies and priorities.As our final event of our Executive Branch Review week, Paul Ray, head of OIRA, joins us to discuss his work and the current relevant issues facing the Office of Information and Regulatory Affairs. Featuring: -- Hon. Paul J. Ray, Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget

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Address by OIRA Administrator Hon. Paul J. Ray

Play Episode Listen Later May 22, 2020 43:32

The Paperwork Reduction Act of 1980 created the Office of Information and Regulatory Affair (OIRA) within the Office of Management and Budget (Office of Management and Budget ). Executive Order 12291, issued by President Reagan in 1981, gave OIRA the responsibility to review the subject matter of government agency’ regulatory actions before publication in the Federal Register. The Office’s regulatory review persona was initially highly controversial, and it has been criticized throughout the past decades as being both too active and too passive, in regard to agency rules. Regardless of which side of the political spectrum critics fall on however, many believe OIRA is one of the most important, if relatively unknown, sources of government power in relation to the Executive branch and the Administrative state. Although OIRA has a number of specific statutory responsibilities (e.g., paperwork review and regulatory accounting), as a constituent of OMB it is part of the Executive Office of the President, and helps ensure that covered agencies’ rules reflect the President’s policies and priorities.As our final event of our Executive Branch Review week, Paul Ray, head of OIRA, joins us to discuss his work and the current relevant issues facing the Office of Information and Regulatory Affairs. Featuring: -- Hon. Paul J. Ray, Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget

president office management budget executives address executive orders administrators administrative regulatory affairs omb executive office paul j federal register oira paul ray paperwork reduction act

Bridget Dooling on Regulatory Review

Ipse Dixit

Play Episode Listen Later Feb 12, 2020 34:52

In this episode, Bridget C.E. Dooling, Research Professor at the George Washington University Regulatory Studies Center, discusses her draft article "Bespoke Regulatory Review." Dooling begins by describing the Office of Information and Regulatory Affairs (OIRA) and what it does. She explains the difference between independent and non-independent agencies, and how OIRA interacts with them differently. She observes that the lack of OIRA review can make independent agency actions more vulnerable to judicial review. And she discusses how OIRA could best add value to independent agencies, especially via tailored review processes. Dooling is on Twitter at @BridgetDooling.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

university law office regulatory frye research professor kentucky college oira brian l frye

2020-02-10 Waiting for the §163(j) Regulations

Play Episode Listen Later Feb 9, 2020

OIRA finishes looking at one set of §163(j) regulations and starts looking at another set, a taxpayer loses a $16 million charitable deduction and more.

regulations oira

089: 5 OSHA Agenda Items to Watch

The Safety Pro Podcast

Play Episode Listen Later Jan 13, 2020 15:14

Powered by iReportSource OSHA has a decent list of regulatory agenda items. While I don't want to go through them all, I do want to highlight five that I think are particularly impactful. Safety professionals always need to be looking ahead at what is coming so we can prepare our employers, update any programs, which includes employee training and certifications that may be required. 1. Lock-Out/Tag-Out Update - Pre-Rule Stage Recent technological advancements that employ computer-based controls of hazardous energy (e.g., mechanical, electrical, pneumatic, chemical, and radiation) conflict with OSHA's existing lock-out/tag-out standard. The use of these computer-based controls has become more prevalent as equipment manufacturers modernize their designs. Additionally, there are national consensus standards and international standards harmonization that govern the design and use of computer-based controls. This approach of controlling hazardous energy is accepted in other nations, which raises issues of needing to harmonize U.S. standards with those of other countries. The Agency has recently seen an increase in requests for variances for these devices. This RFI will be useful in understanding the strengths and limitations of this new technology, as well as potential hazards to workers. The Agency may also hold a stakeholder meeting and open a public docket to explore the issue. 2. Emergency Response and Preparedness - Pre-Rule Stage OSHA currently regulates aspects of emergency response and preparedness; they promulgated some of these standards decades ago, and none as comprehensive emergency response standards. Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, nor do they reflect significant changes in performance specifications for protective clothing and equipment. The Agency acknowledged that current OSHA standards also do not reflect all the considerable developments in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards. OSHA is considering updating these standards with information gathered through an RFI and public meetings. 3. Mechanical Power Press Update - Pre-Rule Stage The current OSHA standard on mechanical power presses does not address the use of hydraulic or pneumatic power presses. Additionally, the existing standard is approximately 40 years old and does not address technological changes. OSHA previously published an ANPRM on Mechanical Power Presses (June 2007) in which it identified several options for updating this standard. The Agency would like to update the public record to determine how best to proceed. This project is under Executive Order 13777, which facilitates the review of existing regulations that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them. 4. Powered Industrial Trucks - Pre-Rule Stage Powered Industrial Trucks (e.g., fork trucks, tractors, lift trucks, and motorized hand trucks) are ubiquitous in industrial (and many retail) worksites. The Agency's standard still relies upon ANSI standards from 1969. The Industrial Truck Association has been encouraging OSHA to update and expand the OSHA standard to account for the substantial revisions to ANSI standards on powered industrial trucks over the last 45 years. The current standard covers 11 types of vehicles, and there are now 19 types. Also, the standard itself incorporates an out-of-date consensus standard. OSHA will begin the process to develop a proposed rule updating the consensus standard referenced from the 1969 version of the American National Standard B56.1 to the 2016 version. This project is also under Executive Order 13777, which facilitates the review of existing regulations that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them. 5. Tree Care Standard - Pre-Rule Stage There is no OSHA standard for tree care operations; the Agency currently applies a patchwork of standards to address the severe hazards in this industry. The tree care industry previously petitioned the Agency for rulemaking. Tree care continues to be a high-hazard industry. Wrapping it all up Again, these are just five of the agenda items to watch. How can you keep up on these proposed changes without sitting in front of your computer at www.reginfo.gov? Well, luckily, there is an app for that - RegInfo. With RegInfo Mobile, you can have information about upcoming federal regulations and forms at your fingertips. The White House Office of Management and Budget (OMB) and the General Services Administration (GSA) partnered to bring you a mobile version of Reginfo.gov, an online look into agency rulemakings that are on the books, planned, or under review by OMB's Office of Information and Regulatory Affairs (OIRA). RegInfo Mobile also provides information about forms and other information collections that OIRA has approved or is currently reviewing under the Paperwork Reduction Act (PRA). With RegInfo Mobile, you have access to all of this information, and more, to the palm of your hand! Some of the app features are as follows: Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan Current and historical information since Fall 1995 edition View detailed information about regulations, including regulation identifier number (RIN) title, abstract, effects on society and completed/planned actions for the next six months Timeline Chart - an interactive visualization of when proposed and final regulations are published, OIRA reviews of regulations, related information collections, and more! Regulatory Reviews View detailed information about OIRA's pending and concluded reviews of significant rulemakings Meetings with the Public Browse the log of past and scheduled public meetings about regulations under OIRA review Information regarding each meeting includes RIN, the title of the regulation, date, participants, and affiliations, and written materials submitted by the public Information Collection Requests under the PRA View detailed information on OIRA's pending and concluded reviews of agency information collection requests (ICRs), including OMB Control Number, expiration date, requested/approved burden on the public, supporting statements, forms, etc. Keyword search that returns results for matching RINs, regulatory reviews and ICRs Subscribe to a RIN and receive notifications when something happens Let me know on LinkedIn if you have used this app at all - be sure to @ mention Blaine J. Hoffmann or The SafetyPro Podcast LinkedIn page. You can also find the podcast on Facebook, Instagram, and Twitter.

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Improving Agency Cost-Benefit Analysis

future office white house improving agency regulatory affairs cost benefit analysis oira

Play Episode Listen Later Nov 22, 2019 69:00

On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House's Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center's web site. And the conference was keynoted by the... Source

Improving Agency Cost-Benefit Analysis

future office white house improving agency ricochet regulatory affairs arbitrary cost benefit analysis capricious oira ricochet audio network superfeed

Play Episode Listen Later Nov 22, 2019 68:59

On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House’s Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center’s […]Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/arbitrary-capricious/improving-agency-cost-benefit-analysis/.Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.Subscribe to Arbitrary & Capricious in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

Regulatory Budgets & Executive Order 13771

future office white house budget executives executive orders regulatory regulatory affairs cost benefit analysis oira

Play Episode Listen Later Nov 21, 2019 79:27

On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House's Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center's web site. And the conference was keynoted by the... Source

Regulatory Budgets & Executive Order 13771

future office white house budget executive orders regulatory ricochet regulatory affairs arbitrary cost benefit analysis capricious oira ricochet audio network superfeed

Play Episode Listen Later Nov 21, 2019 79:27

On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House’s Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center’s […]Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/arbitrary-capricious/regulatory-budgets-executive-order-13771/.Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.Subscribe to Arbitrary & Capricious in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

Cost-Benefit Analysis in Court

future office white house court regulatory affairs cost benefit analysis oira

Play Episode Listen Later Nov 20, 2019 74:04

On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House's Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center's web site. And the conference was keynoted by the... Source

What Role Should OIRA Play?

future office white house regulatory affairs cost benefit analysis oira

Play Episode Listen Later Nov 19, 2019 83:52

On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House's Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center's web site. And the conference was keynoted by the... Source

OMB's regulatory review is creating a backlog of cyber standards

Play Episode Listen Later Sep 4, 2019 8:21

Patience at the National Institute of Standards and Technology is starting to wear thin. NIST has been waiting since January for the Office of Information and Regulatory Affairs in the Office of Management and Budget to finish its review of new and expanded privacy controls in special publication 800-53, Revision 5. The nine-month approval process is now having a downward impact on several other publications that NIST wants to release. In his weekly feature, the Reporter's Notebook, Federal News Network Executive Editor Jason Miller writes about how OIRA's review sluggishess isn't just a challenge for NIST, but for other agencies and vendors too.He joined Federal Drive with Tom Temin for the details.

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2019-08-26 Watching Paint Dry Doesn't Count

Compliance into the Weeds

Play Episode Listen Later Aug 24, 2019 38:46

Current Federal Tax Developments for the week of August 26, 2019: Watching Paint Dry Doesn’t Count Taxpayer found both to have chosen the accrual method and to be required to use it as well §451 proposed regulations exit OIRA review Taxpayers records found to overstate hours by 150 hours, not qualified as a real estate professional IRS issues formal memo changing position on ability to claim foreign tax credit on certain French taxes Copyright 2019 Kaplan, Inc.

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Behind the Scenes of OIRA and Draft TCJA Regs

Tax Notes Talk

Play Episode Play 30 sec Highlight Listen Later Jul 18, 2019 20:30

Jonathan Curry and Andrew Velarde discuss the draft regulations Tax Notes obtained from the Office of Information and Regulatory Affairs.For additional coverage, read these articles in Tax Notes:New OIRA Drafts Reveal Tweaks to TCJA GuidanceOIRA Leadership Shuffle Opens Door to Tax Reg Review Shake-UpOIRA’s Tax Reg Reviews Remain a ‘Black Box’ Despite Draft RegsSpotlight on OIRA’s Review Process Eases Politicization ConcernsOIRA’s Imprint on Tax Regs Revealed in New Cache of Documents***This episode is sponsored by University of California, Irvine Law School’s Graduate Tax Program. For more information, visit law.uci.edu/gradtax.

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Compliance into the Weeds: Episode 119-Rule Making Power Grab

Play Episode Listen Later Apr 17, 2019 26:15

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into recently announced policy by the Trump White House that all regulatory rules and guidance must be submitted to the White House for review before it goes through Congressional review. Some of the highlights include: Some of the highlights include: Ø This is a significant power grab by the White House.Ø What is OIRA and can the White House force all new regs and guidance go through it before Congress considers them? Ø Will regulatory guidance be treated as regulations? What about SEC No-Action Letters? DOJ declinations?. Ø Will regulatory reduction continue under this new policy?Ø This is an example of how political instability negatively impacts businesses.Ø What does this mean for the Democratic nominee to the SEC? For more reading check out Matt’s blog post “Trump Grabs at Rulemaking" Learn more about your ad choices. Visit megaphone.fm/adchoices

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Compliance into the Weeds: Episode 119-Rule Making Power Grab

FCPA Compliance Report

Play Episode Listen Later Apr 17, 2019 26:15

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I take a deep dive into recently announced policy by the Trump White House that all regulatory rules and guidance must be submitted to the White House for review before it goes through Congressional review. Some of the highlights include: Some of the highlights include: Ø This is a significant power grab by the White House.Ø What is OIRA and can the White House force all new regs and guidance go through it before Congress considers them? Ø Will regulatory guidance be treated as regulations? What about SEC No-Action Letters? DOJ declinations?. Ø Will regulatory reduction continue under this new policy?Ø This is an example of how political instability negatively impacts businesses.Ø What does this mean for the Democratic nominee to the SEC? For more reading check out Matt’s blog post “Trump Grabs at Rulemaking" Learn more about your ad choices. Visit megaphone.fm/adchoices

congress white house democratic compliance congressional weeds trump white house power grab matt kelly oira

Federal Tax Update - Apr. 8, 2019

Play Episode Listen Later Apr 7, 2019 31:38

https://player.vimeo.com/video/328828982https://www.currentfederaltaxdevelopments.com/podcasts/2019/4/6/2019-04-08-salt-and-the-home-office IRS sends proposed regulations on §199A for cooperatives to OIRA for review PMTA outlines intereaction of home office and SALT cap Trade or business definition for instructions in Form 461 issue identified by IRS Second Circuit reverses Tax Court decision that found a tax “black hole” Click to listen to the audio . Alternatively, you may download the file to your computer by right clicking your mouse, choosing "Save Target As", then selecting a location on your computer to save the file.

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2019-04-08 SALT and the Home Office

Play Episode Listen Later Apr 6, 2019

IRS issues guidance on the interaction of the SALT cap and home offices, §199A cooperative regulations go to OIRA and more

salt irs home office 199a oira

2019-04-08 SALT and the Home Office

Play Episode Listen Later Apr 6, 2019 31:39

Current Federal Tax Developments for the week of April 8, 2019: SALT and the Home Office IRS sends proposed regulations on §199A for cooperatives to OIRA for review PMTA outlines intereaction of home office and SALT cap Trade or business definition for instructions in Form 461 issue identified by IRS Second Circuit reverses Tax Court decision that found a tax “black hole” Copyright 2019 Kaplan, Inc.

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2019-04-01 Tax Benefit Rules and Refunds

Play Episode Listen Later Mar 30, 2019 36:25

The IRS issues formal guidance on taxation of state income tax refunds post-TCJA, final SALT regulations go to OIRA and more.

salt benefit irs refunds tcja oira

Are “Regulatory Budgets” Paying Off? A Year Two Look-Back at Executive Order 13771

Play Episode Listen Later Feb 8, 2019 46:58

On January 30, 2017, President Trump signed Executive Order 13771 titled, “Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs.” In this order, President Trump supplemented the longstanding framework for White House regulatory oversight. In addition to the Office of Information and Regulatory Affairs’ framework for cost-benefit analysis, E.O. 13771 set general requirements for agencies to rescind two new rules for every new one, and it directed agencies not to increase the overall costs that they impose on society — an approach known more generally as “regulatory budgets.”After two years, how has this new framework fared? To discuss it, the Federalist Society’s Administrative Law Practice Group is pleased to host a teleforum with Jeffrey Harris, who served as OIRA’s Associate Administrator during the implementation of E.O. 13771 and Adam White, Director of the Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.Featuring:Jeffrey Harris, Partner, Consovoy McCarthy ParkAdam White, Assistant Professor and Director of the Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, and Research Fellow at the Hoover Institution Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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Are “Regulatory Budgets” Paying Off? A Year Two Look-Back at Executive Order 13771

Play Episode Listen Later Feb 8, 2019 46:58

On January 30, 2017, President Trump signed Executive Order 13771 titled, “Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs.” In this order, President Trump supplemented the longstanding framework for White House regulatory oversight. In addition to the Office of Information and Regulatory Affairs’ framework for cost-benefit analysis, E.O. 13771 set general requirements for agencies to rescind two new rules for every new one, and it directed agencies not to increase the overall costs that they impose on society — an approach known more generally as “regulatory budgets.”After two years, how has this new framework fared? To discuss it, the Federalist Society’s Administrative Law Practice Group is pleased to host a teleforum with Jeffrey Harris, who served as OIRA’s Associate Administrator during the implementation of E.O. 13771 and Adam White, Director of the Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.Featuring:Jeffrey Harris, Partner, Consovoy McCarthy ParkAdam White, Assistant Professor and Director of the Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, and Research Fellow at the Hoover Institution Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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Revisiting the OIRA Reg Review Process

Tax Notes Talk

Play Episode Listen Later Jan 10, 2019 14:54

Jonathan Curry takes a fresh look at the tax regulatory review agreement between the Office of Management and Budget and Treasury now that the process has had time to play out.For further coverage, read these articles in Tax Notes:OIRA Review of Tax Regs Presses on Despite ShutdownA Look Ahead: Treasury, OIRA to Chart New Territory as Final Regs Flood InTreasury, OIRA Still at Odds Over When Tax Regs Merit ReviewTax Regs Deemed Significant Skyrocket Under New Agenda

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Federal Tax Update - Jan. 7, 2019

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Play Episode Listen Later Jan 6, 2019 19:35

https://player.vimeo.com/video/309770333https://www.currentfederaltaxdevelopments.com/podcasts/2019/1/6/2019-01-07-all-quiet-on-the-tax-front IRS Notice gives guidance to tax-exempt organizations on excess compensation tax Outgoing W&M Chairman publishes discussion paper on TCJA technical corrections §199A final regulations still sitting at OIRA Click to listen to the audio . Alternatively, you may download the file to your computer by right clicking your mouse, choosing "Save Target As", then selecting a location on your computer to save the file. Click to watch the video . Alternatively, you may download the file to your computer by right

Oira RTS.FM Georgia (Tbilisi) 26.12.2018

RTS.FM radio

Play Episode Listen Later Dec 27, 2018 85:19

DJ Oira (Spb, RU) @ RTS.FM Georgia (Tbilisi 26.12.2018) Video: https://www.facebook.com/rtsfm/videos/604578886640906/

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Federal Tax Update - Dec. 17, 2018

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Play Episode Listen Later Dec 16, 2018 36:12

https://player.vimeo.com/video/306566331https://www.currentfederaltaxdevelopments.com/podcasts/2018/12/15/2018-12-17-all-we-want-for-christmas-are-our-199a-final-regulations IRS releases more proposed regulations Lack of documentation dooms deduction for taxpayers §199A final regulations sent to OIRA for review Guidance issued on valuing employer-provided parking for parking lot tax Relief given for some tax-exempt organizations first filing Form 990-T to pay parking lot tax Taxpayers who were out of the country for much of the period of nonpayment still found to be responsible persons Click to listen to the audio . Alternatively, you may download the file to your computer

2018-12-17 All We Want for Christmas Are Our Final 199A Regulations

Play Episode Listen Later Dec 15, 2018 36:13

This week we look at: IRS releases more proposed regulations Lack of documentation dooms deduction for taxpayers §199A final regulations sent to OIRA for review Guidance issued on valuing employer-provided parking for parking lot tax Relief given for some tax-exempt organizations first filing Form 990-T to pay parking lot tax Taxpayers who were out of the country for much of the period of nonpayment still found to be responsible persons Copyright 2018, Kaplan, Inc.

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2018-12-17 All We Want for Christmas Are Our 199A Final Regulations

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Play Episode Listen Later Dec 15, 2018 36:14

OIRA gets final 199A regulations to review, parking lot tax guidance is released, and more.

2018-11-26 Slow March of the 163(j) Proposed Regulations

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Play Episode Listen Later Nov 26, 2018 21:52

This week we look at: Proposed anti-clawback regulations issued Final §263A negative amount regulations issued §163(j) proposed regulations leave OIRA (finally), last step before publication Copyright 2018, Kaplan, Inc.

2018-11-26 Slow March of the 163(j) Proposed Regulations

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Play Episode Listen Later Nov 26, 2018 21:51

IRS releases proposed regulations on estate tax clawback and final regulations on UNICAP issues. OIRA completes review of proposed regulations under 163(j), clearing way for their release by the IRS.

Federal Tax Update - Nov. 26, 2018

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Play Episode Listen Later Nov 25, 2018 21:51

https://player.vimeo.com/video/302854164https://www.currentfederaltaxdevelopments.com/podcasts/2018/11/26/2018-11-26-slow-march-of-the-163j-proposed-regulations Proposed anti-clawback regulations issued Final §263A negative amount regulations issued §163(j) proposed regulations leave OIRA (finally), last step before publication Click to listen to the audio . Alternatively, you may download the file to your computer by right clicking your mouse, choosing "Save Target As", then selecting a location on your computer to save the file. Click to watch the video . Alternatively, you may download the file to your computer by right clicking your mouse, choosing "Save

Oira - P14 Video Podcast

P14 video podcast

Play Episode Listen Later Oct 4, 2018 74:11

Video: https://youtu.be/pP4zm11YgKI Subscribe to our YouTube channel: www.youtube.com/P14videopodcast Follow our Facebook page: www.facebook.com/p14videopodcast P14 is a video podcast that in the era of modern technologies makes it posible to move the listener into the atmosphere of night carelessness and perform unlimited depths of electronic sound. Deep, tech, minimal sound! Produced by Oleg Golubev, Dima Kalinin, Denis Berezovik.

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Hill Roundtable Episode 64 -Congress Wraps Up Tax-Focused Week

Talking Tax

Play Episode Listen Later Apr 13, 2018 9:52

House and Senate committees held several tax-focused events this week ahead of the April 17 tax filing deadline. Top Treasury Department, Internal Revenue Service, and Office of Information and Regulatory Affairs officials testified before lawmakers about the status of the 2018 IRS filing season and the process for reviewing and releasing tax regulations. OIRA and Treasury announced a deal that would allow the White House to review major tax rules before they are made public. The House Ways and Means Committee approved a package of legislation that would retool the IRS, and some of those bills are slated to get a vote on the House floor in the coming week. And, to top off a busy week, House Speaker Paul D. Ryan (R-Wis.), a key player in passing the 2017 tax act (Pub. L. No. 115-97), said he won't run for re-election. Reporters Allyson Versprille and Laura Davison spoke about all the moving pieces and what to expect next.

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Deep Soul Penetration 01: Oira

Stackenschneider Podcast

Play Episode Listen Later Feb 6, 2018 78:23

01 – dane//close – Rockbox – Power Station 02 – Job Sifre – Zodiak – Knekelhuis 03 – Sfire – Sfire 2 (Kris Baha ’86 Remix) (cut) – [Emotional] Especial 04 – Schwefelgelb – Im Wasser – Fleisch 05 – Gamma Intel – Post Factum – Brokntoys 06 – Star-Kid – Tale Of The Blue Coelecanth (Baz Reznik Remix) – The Hoax City 07 – Foreign – Split (M.W. Cut) – Unreleased 08 – Privacy – Ncsc – Klakson 09 – Fallbeil – Rolling Dutch – Valcrond Video 10 – Job Sifre – Zeno Dicho – Knekelhuis 11 – Le Chocolat Noire – Maximum Capacity Reached – Mechatronica 12 – Magnus II – Space Age – Steppin Forward 13 – Red Axes – Nyx Tape (feat Gina X) – Dark Entries 14 – Identified Patient & Sophie Du Palais – Nothing Happened – Pinkman 15 – Randstad – Ultra – Common Thread 16 – Black Merlin – 12515 – Berceuse Heroique 17 – HAEX-HRLL – North Of Warren (Vercetti Technicolor 1997 Mix) – Giallo Disco 18 – Techno Bert – Neue Dimensionen – Doremix

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How many procurement regulations were finalized in 2017? The answer may surprise you