Public Comments & Testimonies

DOT's Proposed Rule for Air Travel with Service Animals

April 7, 2020

The Department of Transportation (DOT) is proposing amendments to its Air Carrier Access Act regulation on the transportation of service animals by air. Multiple parties from a variety of perspectives have called for greater regulatory clarity on what qualifies as a service animal, how airlines should classify emotional support animals (ESAs) for air travel, whether uncommon species should be allowed aboard planes, and how to mitigate health and safety risks caused by animal behavior.

FDA & USDA Food Identity Standards

April 2, 2020

Both FDA and USDA promulgate food identity standards that require foods sold under particular names to have certain characteristics or ingredients that consumers might expect. In 2005, the agencies jointly proposed a rule to establish general principles for evaluating food identity standards.

Reply Comment on Benefit-Cost Analysis at the STB

March 18, 2020

On November 4, 2019, the STB solicited further information from the public about specific methods that could be used for benefit-cost analysis of rules related to economic regulation of freight railroads.

CEQ's Proposed Update to NEPA

March 11, 2020

The Council on Environmental Quality (CEQ) is proposing an update to its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA) of 1969. The purposes of NEPA include establishing a national policy toward the environment and promoting “efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man.”

OMB's Request for Comment on Marginal Excess Tax Burden & EO 13771

February 20, 2020

The Office of Management and Budget (OMB) has requested advice on incorporating a measure of “marginal excess tax burden” (METB) as a potential cost under the regulatory cost accounting system mandated by Executive Order (E.O.) 13771.

OMB's Request for Comment on Marginal Excess Tax Burden and EO 13771

February 18, 2020

Executive Order (EO) 13771 of January 30, 2017 imposed new regulatory procedures on executive branch agencies by directing them to (1) eliminate two existing rules for each new rule issued and (2) offset costs imposed by new rules through compliance with an incremental regulatory budget.

Fake It Till They Make It: How Bad Actors Use Astroturfing to Manipulate Regulators, Disenfranchise Consumers and Subvert the Rulemaking Process

February 6, 2020

For the past several years, along with colleagues at GW, I have been conducting research on mass comment campaigns in agency rulemaking. By mass comment campaigns, we mean collections of identical and near-duplicate comments sponsored by organizations and submitted by group members and supporters

STB Petition to Consider Benefit-Cost Analysis

January 31, 2020

On July 8, 2019, the STB decided to delay consideration of a petition asking the board to adopt a procedural rule that would require benefit-cost analysis in certain board rulemakings. On November 4, 2019, the STB solicited further information from the public about specific methods that could be used for benefit-cost analysis of rules related to economic regulation of freight railroads. The STB is prudent to explore methods for improving its economic analysis of regulatory proposals—as several other independent agencies have done in recent years.

GSA's Mass and Fake Comments Meeting

January 30, 2020

Over the last few years, we've been, with a bunch of colleagues at George Washington University, working on a project on mass comment campaigns and agency rulemaking. And I want to spend a few minutes sharing what we've been up to, what we've found. And what we think some of the broader implications of the research are, but for the larger interests we're discussing today.

FDIC's Framework for Analyzing the Effects of Regulatory Actions

January 29, 2020

The FDIC is considering a more structured approach to economic analysis that informs regulatory decisions. The RFI seeks comment on an approach that is based on Circular A-4, the Office of Management and Budget’s peer-reviewed guidance for conducting regulatory impact analysis (RIA) under Executive Order 12,866, as well as economic analysis guidance issued by other financial regulators.