Last week I discussed both substantive and process issues surrounding the periodic ongoing testing rule the majority shortly plans to ram through the commission. A majority of the commissioners proactively decided that, since they were not concerned about the costs of the rule, they did not need to do a cost-benefit analysis. This is true even though agency past practice and directions from the President would suggest that as the appropriate course of conduct.
Last week I sent a letter to the Administrator of the Office of Information and Regulatory Policy, who is the person designated by the President to assure that the costs of regulations do not outweigh their benefits. Here is a copy of that letter. Should I get a reply, I will be happy to share that as well.