…nts III. Discussion of Particular Issues A. General Legal Challenges to Rule 1. APA Considerations 2. Statutory Authority 3. Shipping Act Purposes 4. Executive Orders 5. Filed Rate Doctrine B. General Policy Comments to Rule 1. Desirability of Guidance 2. Specificity of Guidance …

…ce such sensitive and speculative forecasting abilities, quantified CBA is not capable of disciplining regulatory analysis. It will generate low benefits in the form of reduced agency costs (in part by counteracting cognitive biases) or increased transparency. Moreover, CBA/FR wi…

…viding the opportunity to develop unprecedented scientific search and analysis capabilities for the benefit of science. One of the primary goals of PMC is the creation of a permanent, digital archive of journal literature, which by definition, means the full text must be deposite…

…viding the opportunity to develop unprecedented scientific search and analysis capabilities for the benefit of science. One of the primary goals of PMC is the creation of a permanent, digital archive of journal literature, which by definition, means the full text must be deposite…

… SHOP eligibility to withdraw an appeal by telephone, if the appeals entity is capable of accepting telephonic signatures. Civil Money Penalties for False Information or Improper Use of Information: The final rule specifies the grounds for imposing CMPs on persons who provide fal…

…duction Act K. Miscellaneous Comments 1. Requests for Additional Regulations 2. APA Challenge 3. Extended Implementation Time Period 4. Requests for Hearing and Additional Public Comment Period 5. Costs and Benefits Analysis IV. Summary of Final Rule and Changes From the NPRM § 5…

…ndards for Participation in Title IV, HEA Programs Standards of Administrative Capability (§ 668.16) Program Participation Agreement (§ 668.14(h)) Institutional and Financial Assistance Information for Students Institutional and Programmatic Information (§ 668.43) Technical and C…

…violated the notice and comment provisions of the Administrative Procedure Act (APA), 5 U.S.C. 553 , by promulgating the 2008 IFR without advance notice and opportunity for public comment. In its order, the court invalidated the 2008 IFR as procedurally deficient, and remanded th…

…judgment issues and legal and contractual issues, and that there is sufficient capacity for conducting reviews of such disputes. Some plan and issuer comments highlighted that, with a limited number of accredited IROs and increased demand for their services, the cost of external …

… final regulations under section 705 of the Administrative Procedure Act [ 4 ] (APA), until the legal challenge was resolved (705 Notice). Subsequently, on October 24, 2017, the Department issued an interim final rule (IFR) delaying the effective date of those provisions of the f…

…ommenters. The Department fully complied with the Administrative Procedure Act (APA) and requirements for negotiated rulemaking in the HEA. The comment period provided through the initial public hearing, negotiated rulemaking, and NPRM notice and comment process met the requireme…

…n a safe and efficient manner, consistent with their footprint and operational capacity, which vary substantially across the SWB. Once present in the United States, those who use this mechanism can make claims for asylum and other forms of protection and are exempted from this ru…

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…s current regulations, as well as a review of the Administrative Procedure Act (APA) and the practices of other agencies and the federal courts, with a view to developing options for improving the NRC's hearing processes. This effort was documented in a Commission paper, SECY-99-…

…deadline that is irreconcilable with other procedural requirements, like in the APA or HEA, then those other procedures have been implicitly waived by Congress. See, e.g., Asiana Airlines v. F.A.A., 134 F.3d 393, 398 (D.C. Cir. 1998); Methodist Hospital of Sacramento v. Shalala, …