One of the first things the Trump Administration did on Jan. 20 was to issue a freeze on new and pending federal regulations in order to allow for their additional review.  This is not unheard of – the Obama Administration issued a similar freeze in January 2008.  However, President Trump has followed that up both with a promise to cut regulations by 75 percent and an executive order that states for every new federal regulation, two must be rescinded.  All of this indicates a greater scrutiny of regulations that will likely have an impact on golf course management. 

The "Freeze" and how it impacts the regulatory process.

New regulations

Agencies and executive departments of the federal government may not issue a new regulation “until a department or agency head appointed or designated by the President after noon on Jan. 20, 2017, reviews and approves the regulation.

Unpublished regulations

Any regulations that have been issued and sent to the Office of the Federal Register for publication must be withdrawn and subject to the same review that proposed rules face.

Published regulations

Any regulations that have been published in the Federal Register but have not yet taken effect must have their effective dates postponed for 60 days "for the purpose of reviewing questions of fact, law, and policy they raise". For any regulations that raise “substantial questions of law or policy, agencies should notify the OMB Director and take further appropriate action in consultation with the OMB Director.

This only impacts regulations that have not yet taken effect, so it would not apply either to the Clean Water Rule or the Overtime Pay Rule, both of which have taken effect but then were stayed by federal courts.   Additionally, it does not include "emergency situations or other urgent circumstances relating to health, safety, financial, or national security matters" or any regulations "subject to statutory or judicial deadlines".

The impact on golf course management

In response to the freeze, the Environmental Protection Agency has published a list of rules whose implementation dates will be delayed.  This includes two rules the GCSAA is monitoring:  the rule updating the certification of applicators of restricted use pesticides (RUPs); and the rule listing the rusty patched bumble bee as an endangered species.  We will continue to monitor developments impacting both rules. 

Trump Executive Order on regulations

Today, President Trump signed an executive order stating “whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed”. Exceptions are in place for “regulations issued with respect to a military, national security, or foreign affairs function of the United States”. Taken with his promise to cut regulations by 75 percent, this indicates a greater scrutiny of regulations that the GCSAA will continue to monitor for its impact on golf course management. 

Bob Helland, director of congressional and federal affairs