Industry Groups Compile Hit List for Administration

Here is a list of the 57 Information Collection Requests that were referenced in this Washington Post article on Tuesday, December 4. As described in the article, Barbara Kahlow, a Republican congressional aide for Rep. Doug Ose (R-CA), who chairs the House Subcommittee on Regulatory Affairs, convened key lobbyists to identify and rank regulations with associated paperwork that business groups find overly burdensome. According to Kahlow, this happened at the request of John Graham, administrator of OMB's Office of Information and Regulatory Affairs (OIRA). The target list includes the most paperwork intensive rules, most dealing with health, safety, and environmental protections. Under the Paperwork Reduction Act, OIRA is responsible for reviewing agency information collections, which often serve as the foundation for monitoring compliance and enforcing regulation. Approval by OIRA of such collections of information can only be given for up to three years under the PRA. Once approval is about to expire, agencies must seek a renewal of their information collection requests from OIRA. This renewal process is what the target list deals with. Potentially OIRA could disapprove or revise an information collection request, leaving the regulation unenforceable, even if that regulation has been on the books for years. Of the list of 57, 2 ICRs have already expired and 9 will be expiring in the next 6 months. The meeting between Kahlow and industry groups was held behind closed doors. A business lobbyist first leaked information to the Washington Post, and OMB Watch later obtained a copy of the list of 57, which we have posted below, including expiration dates for each Information Collection Request. OIRA has also provided OMB Watch with a copy of the original list of information collection requests that OIRA sent to Barbara Kahlow, which was then whittled down to the 57. This original list was included in two documents -- one exlcuding IRS and one of IRS only. xmlns:w="urn:schemas-microsoft-com:office:word" xmlns="http://www.w3.org/TR/REC-html40"> 57 Possible Sunset Review Candidates (with 1 million or more paperwork hours) Employee Employee 1 1 2001-12-05T22:50:00Z 2001-12-05T22:51:00Z 1 OMB Watch 1 1 9.2720 57 Possible Sunset Review Candidates (with 1 million or more paperwork hours) yellow = already expired red = will expire at end of 2001 blue = will expire in the next 6 months Deparment/Agency Program/RulePaperwork burden (in millions of hours)Expiration DateAction Taken USDA/AMS Use of restricted pesticides206/30/02 DOD acquisition management5308/31/02 DOD info. in support of acquisition solicitation2412/31/02 HHS/CMMS Medicare/Medicaid common claim form4404/30/02 HHS/CMMS clinical laboratory improvement (CLIA)1006/30/04 HHS/CMMS hospital cost reports405/31/04 HHS/FDA investigational new drugs (IND)1709/30/02 HHS/FDA application to market a new drug203/31/02 HHS/FDA food labeling202/29/04 DOJ/INS employment eligibility1308/31//02 DOL/ESA OFCCP recordkeeping & reporting1106/30/02 DOL/ESA payroll under Davis-Beacon903/31/03 DOL/ESA construction recordkeeping & reporting512/31/03 DOL/ESA Family & Medical Leave Act (FMLA)*06/30/02 DOL/MSHA ventilation in underground coal mines303/31/04 DOL/PWBA ERISA annual report102/28/03 DOL/OSHA hazardous chemicals/PSM7910/31/02 DOL/OSHA bloodborne pathogens standard1303/31/04 DOL/OSHA bloodborne pathogen/needlestick safety112/31/01approved 02/14/02 DOL/OSHA respiratory protection909/31/04 DOL/OSHA hazard communication804/30/02 DOL/OSHA asbestos in construction602/29/04 DOL/OSHA noise502/29/04 DOL/OSHA injury/illness recordkeeping & reporting210/31/04 DOL/OSHA permit-required confined spaces208/31/02 DOL/OSHA personal protection equipment205/31/03 DOL/OSHA lead in construction202/29/04 DOL/OSHA lead in general industry104/30/04 DOL/OSHA hazardous energy sources (lockout/tagout)103/31/02 DOL/OSHA hazardous waste (HAZWOPER)110/31/02 DOL/OSHA mechanical power presses106/30/02 DOT/motor carrier hours of service of drivers4209/30/01 approved 03/04/02 DOT/motor carrier inspection, repair & maintenance3505/31/04 DOT/RSPA hazardous materials shipping701/31/04 DOT/railroad hours of service409/30/03 Treasury/IRS U.S. partnership income (1065)1,19609/30/04 Treasury/IRS U.S. income tax for S corporation (1120S)48910/31/03 Treasury/IRS U.S. corporation tax for PSC (1120)48710/31/03 Treasury/IRS employer's quarterly Federal tax (941)31601/31/04 Treasury/IRS employee's withholding allowance certificate11609/30/04 Treasury/IRS sales of business property6910/31/02 Treasury/IRS employer's annual FUTA tax returns (940)19 + 3212/31/03, 08/31/02 Treasury/IRS FICA recordkeeping3008/31/04 EPA/air NESHAP aerospace, drycleaning & hazardous4 + 1 + 205/31/04,09/30/03, 10/31/04 EPA/air non-attainment area new source review (NSR)510/31/04 EPA/air ambient air quality surveillance209/30/02 EPA/water use or disposal of sewage sludge1312/31/01approved 02/04/02 EPA/water safe drinking variance/exemption applications1009/30/01approved EPA/water storm water discharges under a NPDES permit503/31/03 EPA/water water quality inventory reports (TMDL)407/31/03 EPA/water drinking water rule for lead & copper209/30/02 EPA/pesticides-toxic toxic chemical release reporting (TRI)901/31/03 EPA/pesticides-toxic residential lead-paint hazard disclosure707/31/04 EPA/solid waste underground storage tanks610/31/04 EPA/solid waste RCRA hazardous waste manifest303/31/02 EPA/solid waste community right-to-know (EPCRA)210/31/04 NRC licensing of production & utilization facilities501/31/04
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