Comments

Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standards for Hand-Held Infant Carriers

COMMENTS SUMMARY – NCLA submitted the following commentary in response to the direct final rule proposed by the Consumer Product Safety Commission (CPSC), Revisions to Safety Standard for Hand-Held Infant Carriers, 85 Fed. Reg. 30605 (May 20, 2020) (Proposed Rule).

Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standards for Children’s Folding Chairs & Stools

COMMENTS SUMMARY – NCLA submitted the commentary in response to the direct final rule proposed by the Consumer Product Safety Commission (CPSC), Revisions to Safety Standard for Children’s Folding Chairs & Stools, 85 Fed. Reg. 18111 (April 1, 2020) (Proposed Rule).

Comments of NCLA in Support of Citizen Petition Filed on Behalf of the Coalition to Preserve Access to Pharmacogenomics (PGx) Information

COMMENTS SUMMARY – If we’ve learned anything from the COVID-19 pandemic, it is that federal agencies that overstep their authority hinder the health and safety of Americans. Other recent regulatory actions by the Food and Drug Administration (FDA) threaten to undermine the ability of clinical laboratories to provide healthcare professionals and patients…

Comments in Response to the Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standards for Sling Carriers

COMMENTS SUMMARY – CPSC’s refusal to provide free and open access to the safety standards (or revisions thereto) that it proposes drastically undermines the public’s ability to participate meaningfully in notice-and-comment rulemaking. Considering the constraints imposed by CPSC’s secret lawmaking, NCLA confines its commentary to procedural objections.

Comments in Response to the Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standards for Crib Bumpers/Liners

COMMENTS SUMMARY – CPSC’s refusal to provide free and open access to the safety standards (or revisions thereto) that it proposes drastically undermines the public’s ability to participate meaningfully in notice-and-comment rulemaking. Considering the constraints imposed by CPSC’s secret lawmaking, NCLA confines its commentary to procedural objections.

Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standards for Portable Bed Rails

COMMENTS SUMMARY – The public’s ability to participate meaningfully in notice-and-comment rulemaking is drastically undermined by CPSC’s refusing to provide free and open access to the safety standards (or revisions thereto) it proposes. Considering the constraints imposed by CPSC’s secret lawmaking, NCLA confines its commentary to procedural objections.

Comments in Response to the Office of Management and Budget’s Improving and Reforming Regulatory Enforcement and Adjudication Notice

COMMENTS SUMMARY ​- NCLA’s examples document that recommendations that examine whether the current modes of rulemaking, enforcement and adjudication do not always comply with the Administrative Procedure Act (APA) and the U.S. Constitution…

Comments in Response to the U.S. Department of Energy: Proposed Agency Guidance Rulemaking

COMMENTS SUMMARY – Unfortunately, the Bureau’s past use of guidance has been marked by unlawful practices that undermine representative government and the due process of law. Instead of merely explaining existing legal duties, the Bureau has attempted to impose new or additional legal duties

Comments in Response to the Federal Communications Commission’s Proposed Regulation: Procedural Streamlining of Administrative Hearings

COMMENTS SUMMARY – In NCLA’s view, The Streamlining Rule proposes to convert live-testimony hearings into written-record proceedings. Such a conversion would fundamentally reshape Congress’ administrative adjudicatory scheme…

Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standard for Infant Bath Seats

COMMENTS SUMMARY – In NCLA’s view, the Proposed Rule continues an odious trend of incorporating private standards into the law only by reference, thereby hiding the binding law behind a paywall. The Proposed Rule is therefore unconstitutional…

Comments in Response to the Environmental Protection Agency’s Proposed Rule: Updating Regulations on Water Quality Certification

COMMENTS SUMMARY – NCLA commends EPA’s efforts to provide more certainty and stability in relation to implementing Section 401 of the Clean Water Act. While NCLA appreciates the importance of state sovereignty and the purpose underlying Section 401, it is also important to ensure that one state’s exercise of sovereign power…

Comments in Response to the New York State Education Department’s Proposed Regulation: Substantially Equivalent Instruction for Nonpublic School Students

COMMENTS SUMMARY – In NCLA’s view, the Department must withdraw the Substantial Equivalency Rule because it violates the New York State and United States Constitutions in at least two ways.  First, NYSED may not dictate to private and parochial schools, or their teachers, parents, or guardians, what and how to teach their schoolchildren…

Comments in Response to the Department of Health and Human Services: Proposed Rule for Nondiscrimination in Health and Health Education Programs and Activities

COMMENTS SUMMARY – According to the Executive Summary published in the Federal Register related to the Proposed Rule, “Section 1557 of the Patient Protection and Affordable Care Act (‘PPACA’) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability under any health programs…

Comments in Response to Alcohol and Tobacco Tax and Trade Bureau, Treasury: Modernization of the Labeling and advertising Regulations for Wine, Distilled Spirits, and Malt Beverages

COMMENTS SUMMARY –  While the Proposed Rule’s liberalization of Certificate of Label Approval (“COLA”) regulations reforms an overly burdensome regulatory system, the Labeling Rule fails to address two principal defects in the Bureau’s COLA scheme…

Comments in Response to the U.S. Sentencing Commission: Proposed Amendment for Sentencing Guidelines

COMMENTS SUMMARY – NCLA applauds the Sentencing Commission’s desire to rectify serious issues pertaining to the Guidelines. NCLA does not take a position regarding the appropriate definition of the terms “crime of violence” or “controlled substance offense” or whether a categorical approach should be utilized…

Comments in Response to the Department of Education’s Proposed Rule: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

COMMENTS SUMMARY – NCLA sincerely appreciates this opportunity to comment and express its concerns about the Proposed Rule. NCLA abhors unequal treatment on the basis of sex, particularly when it involves sexual harassment or assault. NCLA likewise laments the Department’s history of regulating under Title IX via guidance and trampling the due process rights of accused individuals in the process…

Comments in Response to HHS, CMS: Regulation to Require Drug Pricing Transparency

COMMENTS SUMMARY – The Drug Pricing Rule is fatally flawed in two principal ways. First, CMS lacks the statutory authority to regulate the subject matter of the proposed Rule, pharmaceutical market efficiency. Second, even if CMS has the authority to regulate the subject matter, it lacks the statutory authority…

Comments in Response to the Bureau of Consumer Financial Protection: Request for Information Regarding Bureau Guidance and Implementation Support

COMMENTS SUMMARY – NCLA sincerely appreciates this opportunity to provide commentary on the Bureau’s past use of guidance and its invitation for suggestions as to how it can ensure that its future guidance adheres to law. Unfortunately, the Bureau’s past use of guidance has been marked by unlawful practices that undermine representative government and the due process of law…

More Comments are coming soon. For information on our cases visit NCLA’s Case Summaries page.