Public Comments

The GW Regulatory Studies Center scholars independently pursue high quality research to illuminate regulatory theory, policy, and practice; the Center does not take institutional positions on issues. To maintain its independence and the quality and integrity of its products, the GW Regulatory Studies Center does not accept funding that stipulates predetermined results or that limits dissemination of its scholarly activity or research. While the Center files public comments on specific regulations, it does so from the perspective of the public interest, and will not accept direct funding for individual comments.



Table saw

Public Comment on the CPSC’s Proposed Rule: Safety Standard Addressing Blade-Contact Injuries on Table Saws

July 27, 2017

By Sofie E. Miller and Jacob Yarborough
The CPSC’s proposed rule mandates that all table saws sold in the U.S. be equipped with Active Injury Mitigation (AIM) technology. Miller and Yarborough argue that this rule would lead to a monopoly of the table saw market. This monopoly would reduce consumer choice, dramatically raise costs, and stifle innovation. In addition, they question the underlying assumptions and models that the CPSC uses to conduct their benefit-cost analysis and argue that the benefits may be overstated and the costs understated.

FCC seal

Public Comment on The Federal Communications Commission’s Proposed Rule: Restoring Internet Freedom

July 11, 2017

By Gerald Brock, Ph.D, Co-Director
As an independent regulatory agency, the Federal Communications Commission (FCC) is not required to perform a Regulatory Impact Analysis (RIA) of major regulations. In this public interest comment on the FCC’s “net neutrality” rule, Brock argues that it is desirable to conduct RIA voluntarily because they have become the standard method of ensuring careful analysis of proposed regulations in the U.S. and other major countries.

rick perry

Public Comment on DOE’s Request for Information on Reducing Regulation and Controlling Regulatory Costs

July 07, 2017

By Sofie E. Miller
This comment provides the Department of Energy with recommendations on how to reduce regulatory burdens pursuant to Executive Orders 13771 and 13777. Miller recommends that DOE establish consistent internal standards for determining whether a rule is "economically justified," including using a threshold to limit the proportion of consumers who bear net costs. DOE should also review each rule before increasing the stringency of its standards, and consider surveys or other measures of actual consumer behavior to ensure that its assumptions about household appliance energy use are accurate.

Baby goats

How to Regulate Genome-Edited Animals? A Comment on FDA’s Proposed Guidance

June 19, 2017

By Randall Lutter, Ph.D, Visiting Scholar, and Lena Lewis
The FDA is considering an approach to oversight of genome-edited animals that closely follows its current policy regarding genetically engineered animals. Unfortunately, the proposed approach is unwise because the existing policy regarding genetically engineered animals, which it mimics, has itself simply failed. In this public comment, Lutter and Lewis argue that FDA’s draft guidance for genome edited animals lacks a cogent scientific basis, is inconsistent with FDA’s policies regarding genome edited plants, and is unlikely to advance FDA’s mission to protect and promote public health.

air conditioners

Public Comment on DOE’s Energy Conservation Standards for Residential Central Air Conditioners and Heat Pumps

April 25, 2017

By Sofie E. Miller
The Department of Energy’s direct final rule amends the energy efficiency standards for residential central air conditioners and split-system heat pumps. However, DOE’s own analysis suggests that up to 45% of households in some regions will bear net costs as a result of these standards, and that consumers would experience greater savings under less stringent energy efficiency standards. Due to the lack of consumer input in the negotiated rulemaking process—and the significant burdens that consumers are likely to bear from this standard—DOE should not pursue this standard via direct final rule.

Eisenhower Building

Public Comment on OMB’s Interim Guidance Implementing Section 2 of the Executive Order Titled “Reducing Regulation and Controlling Regulatory Costs”

February 13, 2017

By Susan E. Dudley, Brian F. Mannix, Sofie E. Miller, & Daniel R. Pérez
In this comment on the Office of Information and Regulatory Affairs’ (OIRA) interim guidance on Executive Order 13771, GW Regulatory Studies Center scholars acknowledge that the Order represents a significant departure from past practice, however, they emphasize that the additional budgeting constraints it imposes need not supplant longstanding requirements to examine regulatory benefits as well as costs and to achieve regulatory objectives as cost-effectively as possible. The comment reinforces OIRA’s draft questions and answers, and offers some suggestions for clarification and improvement.

Google car

Public Comment on NHTSA’s Federal Automated Vehicles Policy: Accelerating the Next Revolution In Roadway Safety

November 16, 2016

By Sofie E. Miller, Howard Beales and Daniel R. Pérez
This comment on the National Highway Traffic Safety Administration’s (NHTSA) recent Federal Automated Vehicles Policy considers the impact of regulating driverless car technology on innovation and social welfare. NHTSA is correct to be cautious of the effects that a federal policy could have on innovation, particularly because the safety gains from highly automated vehicles (HAV) could be significant. As a result, the agency should avoid any type of premarket approval authority for HAV technology, which could potentially delay the adoption of life-saving innovations and result in thousands of traffic fatalities.

Evidence

Public Comment to the Commission on Evidence-Based Policymaking

November 08, 2016

By Marcus Peacock, Sofie E. Miller and Daniel R. Pérez
Scholars at the GW Regulatory Studies Center show how the U.S. could make regulations more evidence-based in a comment to the Commission on Evidence-Based Policymaking. Evidence-based regulations plan for, collect, and use evidence to predict, evaluate and improve societal outcomes throughout the rule’s life. This comment lays out a process for producing such rules and provides over a dozen specific recommendations on how the U.S. could better adopt and implement such a system.

USCIS

Public Comment on The Department of Homeland Security’s Proposed International Entrepreneur Rule

October 18, 2016

By Daniel R. Pérez
The Department of Homeland Security’s proposed rule would expand the use of its discretionary authority to parole individuals into the United States for reasons of “significant public benefit” to include foreign entrepreneurs looking to start a business in the U.S. DHS recognizes that “the full potential of foreign entrepreneurs to benefit the U.S. economy is presently limited since many…do not qualify under existing nonimmigrant and immigrant classifications.” The rule proposes several criteria for approving applicants on a case-by-case basis. This comment proposes several changes that DHS could make to its proposed rule to maximize its potential benefits.

Manufactured homes

Public Comment on Energy Conservation Standards for Manufactured Housing

August 16, 2016

By Sofie E. Miller
The Department of Energy’s proposed rule would establish new energy efficiency standards for manufactured housing (formerly known as mobile homes). Due to anticipated price increases, the rule would have a regressive effect on low-income and elderly households, who are the primary occupants of manufactured homes. DOE’s analysis doesn’t take into account resale market obstacles that could prevent homeowners from recouping the higher upfront costs of efficient units, especially in Southern states with high poverty rates that bear the highest costs from the rule.

Diploma

Public Comment on The Department of Education’s Proposed Rule on Student Assistance General Provisions, Federal Student Loans Programs and Teacher Education Assistance for College and Higher Education Grant Program

August 02, 2016

By Daniel R. Pérez
The total outstanding balance of student loans is currently estimated to be $1.35 trillion, and default rates among borrowers have reached their highest levels in 20 years. The rule proposed by The Department of Education (ED) would make several amendments to regulations governing its Federal Direct Loan Program, including: 1) an expansion of the conditions wherein ED forgives borrowers’ loan balances, 2) additional provisions that broaden its ability to recover losses from institutions, and 3) expanded financial requirements for postsecondary schools. ED estimates this rule could have annual federal budget impacts of up to$4.23 billion.

Corn field at sunset

Public Comment on EPA’s Proposed Renewable Fuel Standards for 2017 and Biomass-Based Diesel Volume for 2018

July 12, 2016

By Sofie E. Miller
EPA’s latest Renewable Fuel Standard proposal would increase the mandated total renewable fuel production to 18.8 billion gallons in 2017. Although it was intended to improve the environment, availability of new scientific, technical, and economic information shows that the RFS program is likely causing significant environmental harm through increased greenhouse gas emissions and damage to waterbodies and ecosystems. Given the environmental damage and the large economic impact of the standards, EPA should update its benefits analysis and consider using its waiver authority to further reduce the standards.

Department of Energy seal

Public Comment on DOE’s Regulatory Burden Request for Information “Reducing Regulatory Burden”

July 11, 2016

By Sofie E. Miller
To improve its ongoing retrospective review efforts, this public comment recommends that the Department of Energy incorporate plans for retrospective review into its economically significant or major rules, and provide enough time between energy efficiency standards to allow for an effective review of each rule before increasing the stringency of its standards. DOE should also consider surveys or other measures of actual consumer behavior to ensure that its assumptions about household appliance energy use are accurate. Finally, DOE should commit to measuring whether its standards negatively affect competition in regulated industries.

FCC

Public Comment on Protecting the Privacy of Customers of Broadband and Other Telecommunications Services

May 27, 2016

By J. Howard Beales III
The FCC has proposed detailed rules governing privacy practices of broadband Internet access service (“BIAS”) providers. The rule would establish new, and different, privacy standards, beyond those that apply to other Internet companies. This comment argues that the FCC’s rationales for treating BIAS providers differently are flawed and the proposed separate regulatory regime for broadband providers would inhibit innovation, reduce competition, and harm consumers. If it feels it must regulate, the FCC should adopt a functionality based approach to privacy regulation to maximize consumer welfare.

Mosquito alert

Public Comment on FDA’s Public Availability of: Draft Environmental Assessment and Preliminary Finding of No Significant Impact Concerning Investigational Use of Oxitec OX513A Mosquitoes

May 13, 2016

By Daniel R. Pérez
Genetically-modified mosquitoes hold great promise for addressing mosquito-borne diseases that threaten South Florida. Yet, the Florida Keys Mosquito Control District has been waiting since 2011 for approval from FDA to allow the biotechnology company Oxitec to conduct field trials for this promising technology. This public interest comment points out that the trial poses no appreciable risk to human or animal health or the environment. The unusually lengthy timeframe for approval has unnecessarily limited our ability to combat the spread of life-threatening diseases, like Zika and Dengue.