Appendix D:
Regulatory Comments Filed by
the
Office of Advocacy during Fiscal Year 1999
T
he following 76 formal comments were
submitted to various agencies and entities by the Office of
Advocacy during Fiscal Year 1999.
| DATE | AGENCY | COMMENT SUBJECT |
|---|---|---|
| 10/07/98 | FCC | Ex Parte presentation in non-restricted proceedings, In re Access Charge Reform, CC Docket No. 96-262; and Truth-in-Billing and Billing Format, CC Docket No. 98-170. |
| 10/14/98 | FDA | Structure or function claims/statements made for dietary supplements, 63 Fed. Reg. 23,624 (April 29, 1998). |
| 10/16/98 | FCC | Reply comments on deployment of wireline services offering advanced telecommunications services, CC Docket No. 98-147. |
| 10/26/98 | FCC | Access charge reform, CC Docket No. 96-262; price cap performance review for local exchange carriers, CC Docket No. 94-1; Consumer Federation of America et al., petition for rulemaking, RM-9210; MCI Telecommunications Corp., emergency petition for prescription, CC Docket No. 97-250. |
| 11/02/98 | HCFA | Implementation of Balanced Budget Act of 1997 requirements relating to home medical equipment suppliers, inherent reasonableness and competitive bidding demonstration projects. |
| 11/03/98 | HUD | RFA Certification on the requirements for notification, evaluation and reduction of lead-based paint hazards in federally-owned residential property and housing receiving federal assistance, 63 Fed. Reg. 54,422 (October 9, 1998). |
| 11/06/98 | FCC | GTE Telephone Operating Companies (GTOC) Tariff No. 1, GTOC Transmittal No. 1148, CC Docket No. 98-79. |
| 11/18/98 | HCFA | Failure to comply with the RFA in promulgating the final rule on revisions to payment policies and adjustments to the relative units under the physician fee schedule for calendar year 1999, 63 Fed. Reg. 58,814 (November 2, 1998). |
| 11/20/98 | FCC | Ex Parte in non-restricted proceedings, In re federal-state joint board on universal service, CC Docket No. 96-45. |
| 12/02/98 | APHIS | Proposed rule for importation of orchids in growing media, Docket No. 98-035-163, Fed. Reg. 46,403 (September 1, 1998). |
| 12/03/98 | EPA | Reply to EPA’s notice regarding a SBREFA panel for the national primary drinking water regulation for arsenic. |
| 12/08/98 | EPA | Comments on draft rule on persistent bioaccumalative toxics under the toxics release inventory reporting program. |
| 12/14/98 | FCC | Application for assignment of broadband PCS C and F block licenses to Cricket Holdings, Inc., a wholly-owned subsidiary of Leap Wireless International, Inc., FCC public notice DA 98-2319; AirGate Wireless, L.L.C., (FCC File No. 0000002035); Jacksonville Wireless, L.P. (FCC File No. 0000002167). |
| 12/18/98 | OMB | Comments on the paperwork impact on small businesses resulting from the bidding forms associated with HCFA's competitive bidding demonstration project. |
| 12/23/98 | OMB | Comments on the paperwork impact of HCFA’s OASIS regulations, 62 Fed. Reg. 11,035 (March 10, 1997). |
| 01/18/99 | VA | Acquisition regulations on simplified acquisition procedures for health case resources, 63 Fed. Reg. 60,256 (November 9, 1998). |
| 01/26/99 | PWBA | Comments on the cost to small pension plans of changing appeals procedures for claims, proposed rules for administration and enforcement of claims procedure under ERISA, 63 Fed. Reg. 48,390 (September 9, 1998). |
| 01/27/99 | HCFA | Correction of errors in letter dated November 2, 1998, regarding Inherent Reasonableness and Competitive Bidding for Medical Equipment Suppliers. |
| 01/27/99 | OSHA | Response to OSHA’s request for guidance on data submissions and lessons learned from the Safety and Heath Panel in preparation for convening a SBREFA panel on the Ergonomics standard. |
| 01/28/99 | FWS | Endangered and threatened wildlife and plants, proposed determination of critical habitat for the Huachuca Water Umbel, 63 Fed. Reg. 71,838; and endangered and threatened wildlife and plants, proposed determination of critical habitat for the Cactus Ferruginous Pygmy-Owl, 63 Fed. Reg. 71,820. |
| 01/28/99 | NMFS | Fisheries of the northeastern U.S., Amendment 7 to the Atlantic Sea Scallop Fishery Management Plan, 63 Fed. Reg. 70,093 (December 18, 1998). |
| 02/01/99 | NPS | Proposed rule to prohibit commercial fishing in nonwilderness waters of Glacier Bay National Park, Alaska, 62 Fed. Reg. 18,547. |
| 02/01/99 | OSHA | Ergonomics program rule, letter acknowledging receipt of OSHA’s SBREFA panel notification letter. |
| 02/10/99 | IRS | Testimony of Russell Orban, Assistant Chief Counsel for Tax Policy, Office of Advocacy, before an IRS panel regarding the unrelated business income tax and the travel and tour industry, Section 513 CC:DOM:CORP:R (Reg-121268-96). |
| 02/10/99 | FCC | 1998 biennial regulatory review for spectrum aggregation limits for wireless telecommunications carriers, WT Docket No. 98-205. |
| 02/18/99 | FCC | Ex Parte filing for subscriber list information, Section 222(e) of the Telecommunications Act of 1996, CC Docket No. 96-115. |
| 02/19/99 | FSIS | New policy statement on beef and E. coli 0157:H7 and impact on small entities, 64 Fed. Reg. 2803. |
| 02/19/99 | FDA | Small business impact relating to the international drug scheduling of Ephedrine, Dihyroetorphine, Remifentanil, and certain isomers, Docket No. 98N-0148, 64 Fed. Reg. 1629 (January 11, 1999). |
| 03/05/99 | HHS | Comments on the prospective payment system and inducement of Medicare Part B services by skilled nursing facilities. |
| 03/10/99 | WIPO | Testimony of Eric Menge, Assistant Chief Counsel for Telecommunications, Office of Advocacy, before WIPO regarding internet domain name projects. |
| 03/11/99 | MMS | Determination of need for the Royalties-in-Kind program. |
| 03/17/99 | FCC | Response to Leap Wireless International, Inc.’s March 5, 1999 modification of assignment application; assignment of F Block License from AirGates Wireless, L.L.C., to Cricket Holding, Inc., DA 98-2319 (FCC File No. 000002035); Leap Wireless International, Inc., Application for Auction number 22 (FCC File No. 0221346036). |
| 03/19/99 | WIPO | Comments regarding WIPO’s internet domain name process. |
| 03/22/99 | FCC | Ex Parte comments on additional information regarding broadcast PCS spectrum included in the auction scheduled for March 23, 1999; petition for extraordinary relief regarding Gloria Borland Hawaii PCS, Inc. |
| 03/24/99 | BLM | Proposed rule on mining claims under general mining laws, surface management, 64 Fed. Reg. 6422 (February 9, 1999). |
| 03/31/99 | FPI | Competitive Impact Study, Federal Supply Code 2920, requesting the FPI to reconsider its proposal to increase its share of the federal market for engine electrical components. |
| 04/23/99 | EPA | Comments on the radon health risk reduction and cost analysis, 64 Fed. Reg. 9560 (February 26, 1999). |
| 04/29/99 | GAO | Comments on the draft of the GAO’s report on uncertainties in analyses underlying the FDA’s proposed regulation of ephedrine alkaloids in dietary supplements. |
| 05/04/99 | EPA | Response to the EPA’s SBREFA panel notification letter on a rule regarding control of air pollution from new compression-ignition and spark-ignition recreational marine engines. |
| 05/10/99 | BLM | Further comments on proposed rules on mining claims under the general mining laws; surface management, 64 Fed. Reg. 6422 (February 9, 1999). |
| 05/13/99 | HCFA | Comment on civil money penalties for nursing homes and change in notice requirements, 64 Fed. Reg. 13,354 (March 18, 1999). |
| 05/20/99 | ICANN | Final report on the internet domain name dispute resolution process. |
| 05/21/99 | Senate | Response to Senator Michael B. Enzi’s request for Advocacy’s views on whether the RFA should be amended to include the Mine Safety and Health Administration in the list of agencies subject to the SBREFA panel process. |
| 05/25/99 | OMB | New draft proposal for the reporting of lead under the Toxic Release Inventory Program as a PBT chemical. |
| 05/27/99 | FCC | Initial and final regulatory flexibility analyses for In re Deployment of Wireline Services Offering Advanced Telecommunications Capability CC Docket No. 98-147; and In re Inter-Carrier Compensation for ISP. |
| 05/27/99 | HHS | Revising HHS’ Freedom of Information Act regulations and implementation of the Electronic Freedom of Information Act amendments, 64 Fed. Reg. 14,668 (March 26, 1999). |
| 05/27/99 | EPA OMB |
First comment to EPA and OMB on the Inventory Update Rule under the Toxic Substances Control Act draft proposal. |
| 05/28/99 | EPA OMB |
Second comment to EPA and OMB on the Inventory Update Rule under the Toxic Substances Control Act draft proposal. |
| 06/02/99 | EPA | Environmental significance of new draft proposal for the reporting of lead under the Toxic Release Inventory Program as a PBT chemical. |
| 06/04/99 | BLM | Onshore oil and gas leasing and operations, 63 Fed. Reg. 66,840 (December 3, 1998). |
| 06/08/99 | FCC | Ex Parte presentation in restricted proceeding, In re Access Charge Reform, CC Docket No. 96-262. |
| 06/14/99 | FCC | Ex Parte presentation in a non-restricted proceeding, initial regulatory flexibility analysis of In re Inter-Carrier Compensation for ISP, CC Docket No. 99-68, 64 Fed. Reg. 14,203 (March 24, 1999). |
| 06/16/99 | FTC | Proposed rule on Children’s Online Privacy Protection Act, 64 Fed. Reg., 22,750 (April 27, 1999). |
| 06/18/99 | RSPA | DOT, RSPA’s Hazardous Materials Transportation Registration and Fee Assessment Program, Docket No. 99-5137 (Hazard Material 208C), 64 Fed. Reg. 18,786 (April 15, 1999). |
| 06/25/99 | USPS | Final rule on delivery of mail to commercial mail receiving agencies, 64 Fed. Reg. 14,385 (March 25, 1999). |
| 07/01/99 | FAA | Inadequate RFA certification of its proposed Parachute Operations rulemaking, Docket No. FAA-99-5483, 64 Fed. Reg. 18,302 (April 13, 1999). |
| 07/22/99 | FCC | Proposed rule on deployment of wireline services offering advanced telecommunications capability, CC Docket No. 98-174, 64 Fed. Reg. 23,229 (April 30, 1999). |
| 07/26/99 | FCC | Proposed rule on Truth-in-Billing and Billing Format, CC Docket No. 98-170, 64 Fed. Reg. 34,499 (June 25, 1999) and 64 Fed. Reg. 34,488 (June 25, 1999). |
| 07/29/99 | HCFA | Prospective payment system for hospital outpatient services and its impact on small and rural hospitals, 63 Fed. Reg. 47,552 (September 8, 1998). |
| 08/02/99 | FCC | Implementation of Sections 309(j) and 337 of the Communications Act of 1934, as amended, promotion of spectrum efficient technologies on certain Part 90 frequencies and establishment of public service radio pool in the private mobile frequencies below 800 MHz, CC Docket No. 99-87, 64 Fed. Reg. 23,571 (May 3, 1999). |
| 08/18/99 | FCC | Proposed rule on Calling Party Pays Service Offering in the commercial mobile radio services, WT Docket No. 97-207, 64 Fed. Reg. 38,396 (July 16, 1999). |
| 08/25/99 | ICANN | Response to the ICANN's at-large membership proposal. |
| 08/25/99 | ICANN | Response to ICANN's proposal for a board of independent review. |
| 08/25/99 | ICANN | DNSO Working Group A, Final Report to the ICANN Board. |
| 08/27/99 | FNS | Proposed rule on food stamp program, revisions to the retail food store definition and program authorization guidance, 64 Fed. Reg. 35,082 (June 30, 1999). |
| 08/27/99 | FNS | Proposed rule on special supplemental nutrition program for women, infants and children; food delivery systems, 64 Fed. Reg. 32,308 (June 16, 1999). |
| 08/27/99 | FMC | Reply to New England Fishery Management Council’s request for proposals for the annual framework adjustment for the Atlantic Sea Scallop. |
| 08/30/99 | OMB | Notice of public information collection submitted to OMB for review and approval of the Truth-in-Billing and Billing Format report and order, OMB Control Number 3060-0854. |
| 09/02/99 | FCC | Proposed rule on promotion of competitive networks in local telecommunications markets, WT Docket No. 99-217, 64 Fed. Reg. 41,883 (August 2, 1999). |
| 09/03/99 | FCC | Proposed rule on Truth-in-Billing and Billing Format, CC Docket No. 98-170. |
| 09/09/99 | FDA | Final rule on effective date of requirement for pre-market approval of the silicone inflatable breast prosthesis, 64 Fed. Reg. 45,155 (August 19, 1999). |
| 09/17/99 | NMFS | Proposed rule to reduce the catch of spiny dogfish and make other changes that would significantly impact spiny dogfish harvesters and processors, 64 Fed. Reg. 42,071 (August 3, 1999). |
| 09/20/99 | EPA | Reply to EPA’s notice regarding a SBREFA panel for the proposed heavy-duty engine standards and diesel fuel sulfur control requirements to control air pollution from new motor vehicle engines. |
| 09/21/99 | EPA | Reply to EPA’s notice regarding a SBREFA panel for proposed concentrated animal feeding operation regulations; national pollutant discharge elimination system and effluent limitation guidelines regulations. |
| 09/23/99 | EPA | Reply to EPA’s notice regarding a SBREFA panel for the regulation of lead based-paint renovation and repair activities. |
| 09/23/99 | EPA | Reply to EPA’s notice regarding a SBREFA panel for effluent limitations guidelines for metals products and machinery industry. |