{"id":506,"date":"2014-12-07T07:00:52","date_gmt":"2014-12-07T07:00:52","guid":{"rendered":"http:\/\/www.emily-esque.com\/wp\/?p=506"},"modified":"2015-02-12T20:38:09","modified_gmt":"2015-02-12T20:38:09","slug":"timing-of-federal-regulations","status":"publish","type":"post","link":"http:\/\/www.emily-esque.com\/wp\/?p=506","title":{"rendered":"Timing of Federal Regulations"},"content":{"rendered":"

To follow-up on my intuition that the Labor LGBT rule was unusual in how it was to be cleared the same day it was already at the Federal register to be published, I checked all of the Federal regulations since 2009 to see how often that’s happened in this Administration.<\/p>\n

Answer: it doesn’t that often. \u00a0This year the average delay from completion to publication has been an astonishingly-high 108 days. \u00a0For rules associated with the Affordable Care Act or the Dodd Frank Act (where the rules have been published), the delays trend lower, but rarely less than three, and generally not on what would be considered “major” rulemakings.<\/p>\n

The “short delay” alerts flag rules with less than 3 days between clearance and publication, as was going to be the case with the Labor rule (it has now been delayed due to technical issues at the Federal Register). \u00a0Mostly minutiae of the bureaucracy, with a glaring exception:<\/p>\n

Short Delay! RIN 0938-AQ74: Preventive Services Under the Affordable Care Act (CMS-9992-F) – Cleared 2011-08-01, Published 2011-08-03<\/p><\/blockquote>\n

That would be the second “compromise” on the contraception mandate, when HHS was scrambling.<\/p>\n

Thus I remain curious about why this rule was timed for publication so quickly. \u00a0Certainly worth asking about, in my opinion.<\/p>\n

In these results, “Significant” means economically significant, generally having an economic impact of $100 million or greater. \u00a0“ACA” refers to rules associated with the Affordable Care Act. \u00a0“DF” refers to rules associated with the Dodd Frank Act. \u00a0“Inconsistent Dates” counts the number of rules where the dates do not align (i.e. clearance after publication or receipt of the rule after it’s been cleared).<\/p>\n

Calculating Intervals Related to OIRA Review of Federal Regulations<\/a>\u00a0– here’s the perl script. \u00a0in the line that begins with “curl” replace “YTD” with a year to gather results for that year.<\/p>\n

2014 Year to Date:<\/strong><\/p>\n

Short Delay! RIN 1090-AB05: Procedures for Reestablishing a Government-to-Government Relationship With the Native Hawaiian Community – Cleared 2014-06-18, Published 2014-06-20
\nShort Delay! RIN 1205-ZA00: Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Notice\u00a0 – Cleared 2014-03-13, Published 2014-03-14
\nShort Delay! RIN 0938-AR62: Prospective Payment System for Federally Qualified Health Centers; Changes to Contracting Policies for Rural Health Clinics and CLIA Enforcement Actions for Proficiency Testing Referral (CMS-1443-FC) – Cleared 2014-05-01, Published 2014-05-02
\nShort Delay! RIN 0584-AE25: Child Nutrition Programs: Local School Wellness Policy Implementation under the Healthy, Hunger-Free Kids Act of 2010 – Cleared 2014-02-24, Published 2014-02-26
\nShort Delay! RIN 1505-AC49: Regulations for the Gulf Coast Restoration Trust Fund – Cleared 2014-07-29, Published 2014-07-31
\nShort Delay! RIN 0910-AG38: “Tobacco Products” Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act – Cleared 2014-04-24, Published 2014-04-25
\nShort Delay! RIN 1219-AB72: Criteria and Procedures for Proposed Assessment of Civil Penalties – Cleared 2014-07-29, Published 2014-07-31
\nShort Delay! RIN 1205-AB63: Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants – Cleared 2014-10-07, Published 2014-10-09<\/p>\n

Total Rules: 275
\nAverage from Receipt to Completion: 21.2181818181818
\nAverage from Completion to Publication: 108.156363636364<\/p>\n

Significant Rules: 71
\nAverage from Receipt to Completion (Significant): 12.4366197183099
\nAverage from Completion to Publication: 85.3943661971831<\/p>\n

ACA Rules: 25
\nAverage from Receipt to Completion (ACA): 6.36
\nAverage from Completion to Publication: 29.32<\/p>\n

DF Rules: 3
\nAverage from Receipt to Completion (DF): 18
\nAverage from Completion to Publication: 123.333333333333<\/p>\n

Inconsistent Dates: 2<\/p>\n

2013:\u00a0<\/strong><\/p>\n

Short Delay! RIN 1615-ZB16: Extension and Redesignation of Sudan for Temporary Protected Status – Cleared 2013-01-08, Published 2013-01-09
\nShort Delay! RIN 1210-AB48: Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521 – Cleared 2013-02-27, Published 2013-03-01
\nShort Delay! RIN 0938-AR68: Minimum Essential Coverage Exemptions (CMS-9958-P) – Cleared 2013-01-30, Published 2013-02-01
\nShort Delay! RIN 1235-AA03: Amendments to the Family and Medical Leave Act of 1993 – Cleared 2013-02-04, Published 2013-02-06
\nShort Delay! RIN 1210-AB51: Filings Required of Multiple Employer Welfare Arrangements and Certain Other Entities That Offer or Provide Coverage for Medical Care to the Employees of Two or More Employers – Cleared 2013-02-27, Published 2013-03-01
\nShort Delay! RIN 0651-AC77: Changes to Implement the First Inventor to File Provisions of the Leahy-Smith America Invents Act – Cleared 2013-02-12, Published 2013-02-14
\nShort Delay! RIN 3095-AB78: Incorporation by reference – Cleared 2013-09-30, Published 2013-10-02
\nShort Delay! RIN 0648-BC97: Framework Adjustment 50 to the Northeast (NE) Multispecies Fishery Management Plan – Cleared 2013-03-27, Published 2013-03-29<\/p>\n

Total Rules: 255
\nAverage from Receipt to Completion: 19.756862745098
\nAverage from Completion to Publication: 144.894117647059<\/p>\n

Significant Rules: 65
\nAverage from Receipt to Completion (Significant): 13.4923076923077
\nAverage from Completion to Publication: 131.692307692308<\/p>\n

ACA Rules: 31
\nAverage from Receipt to Completion (ACA): 7.93548387096774
\nAverage from Completion to Publication: 25.4838709677419<\/p>\n

Inconsistent Dates: 3<\/p>\n

2012:<\/strong><\/p>\n

Short Delay! RIN 0938-AR17: Hospice Wage Index for FY 2013 (CMS-1434-N) – Cleared 2012-07-25, Published 2012-07-27
\nShort Delay! RIN 0938-AQ63: Payments for Primary Care Services Under the Medicaid Program (CMS-2370-P) – Cleared 2012-05-09, Published 2012-05-11
\nShort Delay! RIN 0938-AQ70: Pre-Existing Condition Insurance Plan; High Risk Pool (CMS-9995-F) – Cleared 2012-08-28, Published 2012-08-30
\nShort Delay! RIN 0651-AC55: CPI Adjustment of Patent Fees for Fiscal Year 2013 – Cleared 2012-05-14, Published 2012-05-14
\nShort Delay! RIN 1653-ZA04: Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011 – Cleared 2012-04-02, Published 2012-04-03
\nShort Delay! RIN 0584-AD59: Nutrition Standards in the National School Lunch and School Breakfast Programs – Cleared 2012-01-24, Published 2012-01-26<\/p>\n

Total Rules: 260
\nAverage from Receipt to Completion: 19.0384615384615
\nAverage from Completion to Publication: 73.2461538461538<\/p>\n

Significant Rules: 52
\nAverage from Receipt to Completion (Significant): 16.8269230769231
\nAverage from Completion to Publication: 83.8653846153846<\/p>\n

ACA Rules: 38
\nAverage from Receipt to Completion (ACA): 8.36842105263158
\nAverage from Completion to Publication: 57.7894736842105<\/p>\n

DF Rules: 4
\nAverage from Receipt to Completion (DF): 22
\nAverage from Completion to Publication: 35.5<\/p>\n

Inconsistent Dates: 1<\/p>\n

2011:<\/strong><\/p>\n

Short Delay! RIN 0938-AQ74: Preventive Services Under the Affordable Care Act (CMS-9992-F) – Cleared 2011-08-01, Published 2011-08-03
\nShort Delay! RIN 2900-AN94: Caregivers Program – Cleared 2011-05-03, Published 2011-05-05
\nShort Delay! RIN 0938-AQ15: Part A Premiums for CY 2012 for the Uninsured Aged and for Certain Disabled Individuals Who Have Exhausted Other Entitlement (CMS-8044-N) – Cleared 2011-10-31, Published 2011-11-01
\nShort Delay! RIN 0938-AQ16: Part B Monthly Actuarial Rates, Monthly Premium Rates, and Annual Deductible Beginning January 1, 2012 (CMS-8045-N) – Cleared 2011-10-31, Published 2011-11-01
\nShort Delay! RIN 0938-AQ14: Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts for CY 2012 (CMS-8043-N) – Cleared 2011-10-31, Published 2011-11-01
\nShort Delay! RIN 1010-AD73: Revisions to Safety and Environmental Management Systems Requirements(SEMS) – Cleared 2011-09-12, Published 2011-09-14<\/p>\n

Total Rules: 483
\nAverage from Receipt to Completion: 30.592132505176
\nAverage from Completion to Publication: 60.0269151138716<\/p>\n

Significant Rules: 76
\nAverage from Receipt to Completion (Significant): 16.5131578947368
\nAverage from Completion to Publication: 48.6710526315789<\/p>\n

ACA Rules: 39
\nAverage from Receipt to Completion (ACA): 7.25641025641026
\nAverage from Completion to Publication: 27.6923076923077<\/p>\n

DF Rules: 11
\nAverage from Receipt to Completion (DF): 43.0909090909091
\nAverage from Completion to Publication: 36.3636363636364<\/p>\n

Inconsistent Dates: 3<\/p>\n

2010:<\/strong><\/p>\n

Short Delay! RIN 1615-ZA93: Extension of the Designation of Honduras for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Honduras
\n– Cleared 2010-05-04, Published 2010-05-05
\nShort Delay! RIN 1218-AC45: Occupational Injury and Illness Recording and Reporting Requirements – Cleared 2010-01-27, Published 2010-01-29
\nShort Delay! RIN 1615-ZA94: Extension of the Designation of Nicaragua for Temporary Protected Status;Automatic Extension of Employment Authorization Documentation for Nicaragua
\n– Cleared 2010-05-04, Published 2010-05-05<\/p>\n

Total Rules: 513
\nAverage from Receipt to Completion: 34.0584795321637
\nAverage from Completion to Publication: 54.3918128654971<\/p>\n

Significant Rules: 109
\nAverage from Receipt to Completion (Significant): 21.7614678899083
\nAverage from Completion to Publication: 51<\/p>\n

ACA Rules: 32
\nAverage from Receipt to Completion (ACA): 8.28125
\nAverage from Completion to Publication: 18.53125<\/p>\n

Inconsistent Dates: 0<\/p>\n

2009:<\/strong><\/p>\n

Short Delay! RIN 0790-AI59: Retroactive Stop Loss Special Pay Compensation – Cleared 2009-10-21, Published 2009-10-23
\nShort Delay! RIN 0938-AP73: Premiums and Cost Sharing (CMS-2244-FC) – Cleared 2009-10-28, Published 2009-10-30
\nShort Delay! RIN 0925-ZA05: National Institutes of Health Guidelines for Human Stem Cell Research – Cleared 2009-07-06, Published 2009-07-07<\/p>\n

Total Rules: 410
\nAverage from Receipt to Completion: 31.7829268292683
\nAverage from Completion to Publication: 38.9585365853659<\/p>\n

Significant Rules: 73
\nAverage from Receipt to Completion (Significant): 19.6849315068493
\nAverage from Completion to Publication: 32.2602739726027<\/p>\n

Inconsistent Dates: 7<\/p>\n","protected":false},"excerpt":{"rendered":"

To follow-up on my intuition that the Labor LGBT rule was unusual in how it was to be cleared the same day it was already at the Federal register to be published, I checked all of the Federal regulations since 2009 to see how often that’s happened in this Administration. Answer: it doesn’t that often. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-506","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p5pI5m-8a","jetpack_featured_media_url":"","_links":{"self":[{"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/506","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=506"}],"version-history":[{"count":6,"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/506\/revisions"}],"predecessor-version":[{"id":514,"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/506\/revisions\/514"}],"wp:attachment":[{"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=506"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=506"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.emily-esque.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=506"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}