The Administrative Conference of the US has released publically the so-called "Sharkey" report in draft as prelude to conducting and developing a position on developing regulations by the federal government when STATES may also have entered into that regulation. This is a very worthwhile endeavor and this issue is quite complicated.
I have written to a highly regarded law school classmate of mine who happens to be Chairman of ACUS in accordance with the ACUS invitatioln to do so. I circulated that letter on the disaster-law list and both the study and my comment are available from this blogger.