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8/12/19

On Mondays, Rogan’s List features a listing of proposed rule and regulation changes that are currently accepting public comment.  Commenting is the way to show government agencies how we feel about these proposed changes. Our comments also become part of a record that will be reviewed by courts if and when a reg change is contested. Courts use comments to judge whether an agency is acting arbitrarily and capriciously.

Comments and actions week ending 
August 17, 2019

Organization

Recent
Closing Soon
Section I - ICE, DHS, DOL, NLRB
Section II - everything environmental - EPA, BLM, DOE
Section III - Civil rights, housing, education, healthcare
Other

Recent

Posted August 12, 2019. Proposed Rule. “Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships” - Anti-union measure. https://www.federalregister.gov/documents/2019/08/12/2019-17105/representation-case-procedures-election-bars-proof-of-majority-support-in-construction-industry

To be posted August 12, 2019. Allowing more toxic substances. “Certain New Chemicals or Significant New Uses; Statements of Findings for June 2019"  EPA proposed significant new uses of toxic chemicals, including isocynates, used in polyurethane. https://www.federalregister.gov/documents/2019/08/12/2019-17151/certain-new-chemicals-or-significant-new-uses-statements-of-findings-for-june-2019. Read more here: http://blogs.edf.org/health/2019/08/08/trump-epa-caves-again-to-industry-demands-on-new-chemicals-and-workers-pay-the-price/


Posted August 12, 2019: On violence against native women. https://www.federalregister.gov/documents/2019/08/12/2019-16597/agency-information-collection-activities-proposed-new-information-collection-activity-comment. Agency Information Collection Activities: Proposed New Information Collection Activity; Comment Request, Proposed Study Entitled “The National Baseline Study on Public Health, Wellness, & Safety” Study of violence against women in tribal communities. Affected public who will be asked or required to respond, as well as a brief abstract: Title IX, Section 904(a) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162 (codified at 42 U.S.C. 3796gg-10 note), as amended by Section 907 of the Violence Against Women Reauthorization Act, Public Law 113-4, mandates that the National Institute of Justice (NIJ), in consultation with the U.S. Department of Justice's Office on Start Printed Page 39881Violence Against Women (OVW), conduct a National Baseline Study (NBS) on violence against American Indian (AI) and Alaska Native (AN) women living in tribal communities. NIJ's NBS will examine violence against AI and AN women (including domestic violence, dating violence, sexual assault, and stalking) and identify factors that place AI and AN women at risk for victimization and propose recommendations to improve effectiveness of these responses.

Comments due September 3, 2019. Glyphosate (roundup) Glyphosate Proposed Interim Registration Review Decision Read it and comment here: https://www.regulations.gov/document?D=EPA-HQ-OPP-2009-0361-2340. Background: EPA is forbidding CA to use carcinogen label on RoundUp. https://www.cbsnews.com/news/roundup-labels-trump-administration-says-it-wont-approve-glyphosate-warning-labels/  EPA's reasoning: https://www.epa.gov/newsreleases/epa-takes-action-provide-accurate-risk-information-consumers-stop-false-labeling

Comments due 9/23/2019 “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program” Cuts food benefits to 3,000,000 people. Kids in school lunch programs would have to apply separately for the program. Read the text - USDA claims that billionaires are getting food stamps. Read it and comment here:

Posted 8/5/2019. Notice of Proposed Rule - no comment period. "Announcement of Federal Funding Opportunity" - Defense installations. Has environmental, civilian safety, rights of local land-use planners and right to protest implications. "OEA's Compatible Use Program provides technical and financial assistance to state and local governments to plan and carry out civilian actions necessary to alleviate and/or prevent incompatible civilian development and other civilian activities that are likely to impair the continued operational utility of a DoD installation or facility. The program enables states and communities to assist local installations to optimize their mission—support lethality, and enhance the readiness and military value of their local installations" https://www.federalregister.gov/documents/2019/08/05/2019-16619/announcement-of-federal-funding-opportunity

Comments due 9/18/2019. Debt collection practices. https://www.federalregister.gov/documents/2019/08/02/2019-16476/debt-collection-practices-regulation-f-extension-of-comment-period . “The breadth of the planned rulemaking, however, could fundamentally change how third-party debt collectors, first-party creditors collecting consumer debts, debt buyers, and vendors providing material assistance to collectors (such as payment system or technology providers) collect mortgage, credit card, student loan, auto, medical, and other consumer debt.”

Comments due 9/03/2019. EPA taking comment in response to a BASF petition to allow more tolerance exemptions in residues of pesticides on food, clothing, and other items. Would increase levels allowed. “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities for June 2019.” https://www.federalregister.gov/documents/2019/08/02/2019-16389/receipt-of-a-pesticide-petition-filed-for-residues-of-pesticide-chemicals-in-or-on-various
Comments due 9/22/2019. “Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Electric Power Generation, Transmission, and Distribution Industry. “EPA proposes not holding electric power generating companies financially responsible. Could impact fiscal responsibility in events like the California wildfires - several attributed to power company transmission lines. Read it and comment here: https://www.federalregister.gov/documents/2019/07/29/2019-15094/financial-responsibility-requirements-under-cercla-section-108b-for-facilities-in-the-electric-power . Read preliminary report here: https://www.cleanenergylawreport.com/energy-regulatory/epa-will-not-require-financial-assurances-from-electric-power-sector/


Comments due August 26, 2019. “Endangered and Threatened Species; Receipt of an Incidental Take Permit Application and Low-Effect Habitat Conservation Plan for the Desert Tortoise; High Desert Solar Project, San Bernardino County, California; Correction” Proposed “taking” of desert tortoises in building solar installation.   https://www.federalregister.gov/documents/2019/07/29/2019-15993/endangered-and-threatened-species-receipt-of-an-incidental-take-permit-application-and-low-effect Read more here: https://deserttortoise.org

Posted July 22, 2019 Notice of proposed rule. “Submission to the Secretary of Agriculture: Pesticides; Agricultural Worker Protection Standard; Revision of the Application Exclusion Zone Requirements” affecting “Agricultural worker, employer, environmental protection, farms, forests, greenhouses pesticides, nurseries, pesticide handler, worker protection standard.” No comment period yet. Given this administration’s track record, this doesn’t bode well. https://www.federalregister.gov/documents/2019/07/22/2019-15371/submission-to-the-secretary-of-agriculture-pesticides-agricultural-worker-protection-standard

Comments due Sept 16, 2019. Massive changes to Long-term care facilities proposed. https://www.regulations.gov/document?D=CMS-2019-0105-0001. Not much comment yet, just this:https://www.modernhealthcare.com/government/cms-prohibits-forced-arbitration-nursing-home-patients

Closing Soon

July 12, 2019 30-day Notice ending. Comments not accepted. “Agency Information Collection Activities: REAL ID: Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Office Purposes”  https://www.regulations.gov/document?D=DHS-2019-0018-0004 Raises privacy concerns. Read more here: https://www.themainewire.com/2019/07/real-id-is-a-privacy-eroding-overreach-by-the-federal-government/

Comments due August 12, 2019. “General Statement of Policy or Guidance on Revoking Union-Dues Assignments” Federal Labor Relations Authority (FLRA) seeks comment, “on Authority to reevaluate its precedent on the revocation of federal employees' union-dues assignments.” - on the right of federal employees to unionize. Email: FedRegComments@flra.gov Include “OPM (Petitioner), Case No. 0-PS-34” https://www.regulations.gov/document?D=FLRA-2019-0002-0001  You may send comments, which must include the caption “Office of Personnel Management (Petitioner), Case No. 0-PS-34,” by one of the following methods: 1) Email: FedRegComments@flra.gov Include “OPM (Petitioner), Case No. 0-PS-34” in the subject line of the message, or 2) Mail or Hand Delivery: Emily Sloop, Chief, Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K Street NW, Washington, DC 20424-0001.

Comments due August 12, 2019. Request for Information: Reducing Administrative Burden to Put Patients over Paperwork. Read it and comment here: https://www.regulations.gov/document?D=CMS-2019-0084-0001. Insurance changes. https://khn.org/morning-breakout/trump-rule-will-allow-small-employers-to-use-tax-free-accounts-to-help-workers-pay-for-health-insurance/ ”The health reimbursement arrangements are already available to employers and workers, but the administration finalized new rules that potentially could boost their popularity. Critics fear that some of the changes could undermine traditional workplace insurance or raise premiums for individual plans.”

Comments due August 12, 2019. Notice. “Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Questionnaire to Determine Identity for a U.S. Passport” - Mysterious US ID requirement - no explanation given in text. Comment here: https://www.regulations.gov/document?D=DOS-2019-0020-0001

Comments due August 12, 2019. Notice - imposing tariffs on European Cheeses in a weirdly named Notice. “Notice of Second Public Hearing and Request for Public Comments: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute” https://www.regulations.gov/document?D=USTR-2019-0003-0616

Comments due August 13, 2019. “Nondiscrimination in Health and Health Education Programs or Activities” - See “Trump Administration Rule Would Undo Health Care Protections For LGBTQ Patients “by Kaiser health News. Also targets abortion and non-English speakers. Read it and comment here: https://www.regulations.gov/document?D=HHS-OCR-2019-0007-0001 and https://www.regulations.gov/document?D=CMS_FRDOC_0001-2645  Read about it here: Overall analysis: https://www.kff.org/disparities-policy/issue-brief/hhss-proposed-changes-to-non-discrimination-regulations-under-aca-section-1557/ . On limiting language access:

Comments due August 15, 2019. “Asylum Eligibility and Procedural Modifications” Trump’s asylum ban. Interim final rule; request for comment. “In sum, this rule provides that, with limited exceptions, an alien who enters or arrives in the United States across the southern land border is ineligible for the discretionary benefit of asylum unless he or she applied for and received a final judgment denying protection in at least one third country through which he or she transited en route to the United States. The alien would, however, remain eligible to apply for statutory withholding of removal and for deferral of removal under the CAT.” https://www.regulations.gov/document?D=EOIR-2019-0002-0001

Comments due August 26, 2019. “National Environmental Policy Act Compliance” Applies to all National Forests. From Center on Biological Diversity; “National Forests Threatened by New Trump Proposal: The Trump administration has put out a plan that would leave the public with no role in more than 90 percent of the decisions made for our national forests. This is a clear violation of the public trust and of major laws like the National Environmental Policy Act, and it's designed to ramp up clearcutting and bulldozing of millions of acres in national forests.” Read it and comment here.  https://www.regulations.gov/document?D=FS-2019-0010-0001 Read more about it here: https://westernlaw.org/trump-administration-proposes-environmental-analysis-overhaul-increasing-logging-mining-national-forests-limiting-public-input/ and here:https://act.biologicaldiversity.org/onlineactions/UGNCawk_7kaYrspIHsKopw2?sourceID=1005270&utm_source=ad&utm_medium=website&utm_campaign=currentalerts and https://www.outdooralliance.org/blog/2019/7/25/forest-service-could-eliminate-93-of-public-comment-periods

Comments due August 23, 2019.  Robocall proposal for blocking system. “A safe harbor for call-blocking programs targeting unauthenticated calls, which may be potentially spoofed; safeguards to ensure that the most important calls are not blocked; and to require voice service providers to implement the SHAKEN/STIR Caller ID Authentication framework, in the event major voice service providers have failed to do so by the end of this year. https://www.regulations.gov/document?D=FCC-2019-0188-0002

Comments extended to August 28, 2019. Three proposals. AI green light. Automated driving systems have three proposals to ease regulations on automobiles, trains, and commercial vehicles. Removing Regulatory Barriers for Vehicles With Automated Driving Systems”. DOT is prioritizing removing regulatory hurdles that may stand in the way – either explicitly or implicitly – of advancements in automated technologies.  Cars - Comment period extended:  https://www.regulations.gov/document?D=FMCSA-2018-0037-0217  Commercial vehicles: https://www.regulations.gov/document?D=FMCSA-2018-0037-0199
Trains:  Update: Withdrawn. You can still comment -  https://www.regulations.gov/document?D=FRA-2014-0033-1606

5/23/2019 Consumer Financial Protection Bureau (CFPB) “Debt Collection Practices Regulation F” - deals with how, how often and methods debt collection agencies can contact consumer. Comments due August 19, 2019. https://www.regulations.gov/document?D=CFPB-2019-0022-0001. The same proposed regulation with comment time extended to September 18: https://www.regulations.gov/document?D=CFPB-2019-0022-2023 Useful comment here: https://www.regulations.gov/document?D=CFPB-2019-0022-0013

Section I - ICE, DHS, DOL, NLRB

Comments due September 9, 2019. Request for Information: Concerning Commercial Motor Vehicle Driver Detention Times During Loading and Unloading      https://www.regulations.gov/document?D=FMCSA-2019-0054-0001 Truckers are weighing in -           the comments are interesting. Read more about it here: https://www.truckingtruth.com/news/Article-81/fmcsa-detention-time. “The request for information comes after a 2018 report found that detention time is costing individual truck drivers thousands of dollars each year-- and increasing crashes.”

4/30/2016 Trump tightens asylum rules, will make immigrants pay fees to seek humanitarian refuge, Presidential memorandum and proposed rule below. https://www.federalregister.gov/documents/2019/05/07/2019-09470/combating-high-nonimmigrant-overstay-rates and notice of proposed rulemaking (no comment period yet). https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=1653-AA78

Section II - EPA, BUREAU OF RECLAMATION - ENVIRONMENT AND ENERGY

Comments due August 26, 2019 National Primary Drinking Water Regulations: Perchlorate. EPA proposed keeping current standard for this toxin but also seeks comment on raising/lowering it. Read it and comment here: https://www.regulations.gov/document?D=EPA-HQ-OW-2018-0780-0001

Comments due Sept. 16, 2019  “2019-07-16 Energy Conservation Program: Energy Conservation Standards for Dishwashers, Grant of Petition for Rulemaking; Proposed rule” https://www.regulations.gov/document?D=EERE-2018-BT-STD-0005-2302 . Creates “a new class of less efficient dishwashers – the latest in DOE’s series of energy efficiency rollbacks” - https://energycommerce.house.gov/newsroom/press-releases/pallone-on-doe-approving-petition-to-roll-back-more-energy-efficiency

July 17, 2019. Nuclear Regulatory Commission proposes less oversight of aging nuclear power plants. NRC report. https://www.nytimes.com/2019/07/17/climate/nrc-nuclear-inspection-weakening.html

Comments due September 9, 2019. 2019-07-11 “Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters.” Will reduce or eliminate energy-efficiency standards.https://www.regulations.gov/document?D=EERE-2018-BT-STD-0018-0065 Read more here: https://aceee.org/blog/2019/06/doe-refuses-public-hearing-proposal

Comments due Sept. 21, 2o19. Port Access Route Study: Alaskan Arctic Coast https://www.regulations.gov/document?D=USCG-2018-1058-0001  Read this comment from Audubon Society and Ocean Conservancy, among other organizations: https://www.regulations.gov/document?D=USCG-2018-1058-0002

July 14, 2019 Multiple BLM Notices and Proposed Rules with links to comment pages. https://www.esa.org/public-policy/stay-informed/federal-register-opportunities/

July 14, 2019 Multiple Ozone Standards - EPA is doing this state-by-state. https://www.regulations.gov/searchResults?rpp=25&po=0&s=ozone&fp=true&ns=  true

Posted Feb. 26, 2019. Exposure of Underground Miners to Diesel Exhaust Request for Information; reopening of the rulemaking record for public comments. Because of comments, comment period extended to Sept. 25 2020. https://www.regulations.gov/document?D=MSHA-2014-0031-0185 Federal Register version comment period ends 09/25/2020 https://www.federalregister.gov/documents/2019/03/25/2019-05443/exposure-of-underground-miners-to-diesel-exhaust  Update - “The comment period for the request for information, published on June 8, 2016 (81 FR 36826), which was scheduled to close on March 26, 2019 is extended. Comments must be received on or before midnight Eastern Daylight Time on September 25, 2020.” An important comment here: https://www.regulations.gov/document?D=MSHA-2014-0031-0180
"This reopened RFI takes into account information originally gathered and shared from NIOSH, NCI, and the International Agency for Research on Cancer (IARC) which shows a correlation to exposure to diesel exhaust, a classified human carcinogen, and negative impact on miners health (Exposure of Underground Miners to Diesel Exhaust, 81 Fed. Reg. 110, 36826-36827 (June 8, 2016). On page 36827, stakeholders, MSHA, and the Diesel Exhaust Health Effects Partnership (Partnership) decided that more research and complex questions needed to be gathered and answered before allowing miners to continue working in DPM in the air. Potential for new technology and stricter standards that are in compliance with EPA DPM standards. "https://www.regulations.gov/document?D=MSHA-2014-0031-0182 And this study: https://www.cancer.gov/news-events/press-releases/2012/Diesel

5/20/2019. EPA Plan to change method of reporting pollution deaths. "E.P.A. Plans to Get Thousands of Pollution Deaths Off the Books by Changing Its Math".  Not posted yet as a proposal. https://www.nytimes.com/2019/05/20/climate/epa-air-pollution-deaths.html: Several people with knowledge of the EPA plan told the New York Times that using a new analytical model to calculate air pollution deaths could make it easier for the federal government to move forward with eliminating the Clean Power Plan, a key climate change rule put into place under the Obama administration. Read more: https://www.nytimes.com/2019/05/27/us/politics/trump-climate-science.html

Closing Sep 3, 2019. Glyphosate Interim Registration Decision - Notice. Glyphosate is RoundUp. Read it and comment here: https://www.regulations.gov/document?D=EPA-HQ-OPP-2009-0361-2340

And the site doing the selling where you can buy leases starting at $2 and acre: https://www.energynet.com/govt_listing.plSee the calendar of government leases sales here: https://www.energynet.com/calendar.pl  BLM’s own e-planning site: 

Section III - CIVIL RIGHTS, TITLE IX, HEALTH, EDUCATION, FOOD, BANKING, HOUSING and FCC


5/30/2019 Notice. State Department to launch new human rights panel called “Commission on Unalienable Rights” stressing 'natural law' Seen as attempt to undermine LGBTQ rights. Read about it here: https://www.politico.com/story/2019/05/30/human-rights-state-department-1348014 Read the notice: https://www.federalregister.gov/documents/2019/05/30/2019-11300/department-of-state-commission-on-unalienable-rights and https://www.regulations.gov/document?D=DOS_FRDOC_0001-4886

May-June 2019 Concerted Attack on Civil Rights. https://drive.google.com/open?id=1WH2B132JsR2fSqylMATCHmU-9BCq4bMs Learn more about the proposed regulation and how to fight it here (you can submit a comment).:  https://protecttranshealth.org/

Extending Medicaid provisions: Some include work-requirements. These are by state. Some have comments open - usual time period is one month. Those with open comments are at the top of the list. https://public.medicaid.gov/connect.ti/public.comments/whatsNew  Update from Kaiser Family Foundations 3/13/2019: https://www.kff.org/medicaid/issue-brief/partial-medicaid-expansion-with-aca-enhanced-matching-funds-implications-for-financing-and-coverage/  Not posted as a regulation but followed as policy. State Medicaid block grants. Many view this as a way to cut Medicaid to individuals. Also see link to state updates above. https://www.kff.org/medicaid/issue-brief/medicaid-what-to-watch-in-2019-from-the-administration-congress-and-the-states/

Other (more on regulations, tracking the trackers, and general information)



Overview of Trump Regulatory actions: See White House Complete Government “Reform” plan - it is sweeping and alarming: https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-Reorg-Plan.pdf  and their regulations office: https://www.whitehouse.gov/omb/information-regulatory-affairs/

Trump’s regulatory agenda - status, challenges, enforcement or lack of, etc. https://www.govexec.com/management/2019/02/many-ways-gauge-results-trumps-deregulatory-push/155195/

Tracking regulations by Agency and Industry: https://quantgov.org/federal_regulation_tracker/

Sites providing up-to-date overviews and discussions of regulatory rollbacks and proposals:

Discussion of regulations.gov ongoing and upcoming issues from Yale Law and ABA - http://yalejreg.com/nc/ and for discussion of banking, commerce, and energy regulation - http://yalejreg.com/

Department of Transportation. Employment - hours of service - tracking trucking driver regulations: https://www.truckingoffice.com/blog/federal-dot-regulations-recent-changes-hours-service/






Tracking Alaska Oil and Gas drilling: https://inletkeeper.org/our-work/energy-alaska/oil-gas/

Environmental regulation rollback tracking:
http://saveepaalums.info/ Also see their comments on specific regulatory rollbacks: http://saveepaalums.info/submittedcomments

Brookings Institution “Tracking Deregulation in the Trump Era.” https://www.brookings.edu/interactives/tracking-deregulation-in-the-trump-era/ and

Rules at Risk: https://rulesatrisk.org/

For state impact - listed by state: https://www.trinityconsultants.com/news/states



EPA Dozens of proposals for significant new uses of chemicals. Too many to list here but this link will take you to the current proposals. https://www.regulations.gov/searchResults?rpp=25&so=DESC&sb=postedDate&po=0&np=7&dct=N%2BPR%2BFR&cp=O&a=EPA  This is an article on the EPA rush to reclassify chemicals and toxic substances from the Environmental Defense Fund: http://blogs.edf.org/health/2018/09/19/the-tsca-new-chemicals-mess-a-problem-of-the-chemical-industrys-own-making/

Upcoming Public Federal Meetings and Comment opportunities on the environment/ecology: https://www.esa.org/esablog/federal-register-opportunities/
https://www.esa.org/esablog/federal-register-opportunities/

Law of the Land Project from Center for American Progress. Tracks regulations and litigation with status updates. https://www.lawofthelandproject.org/

EPA’s own Inspector General report critical of EPA biosludge policy and public health risks: https://www.epa.gov/sites/production/files/2018-11/documents/_epaoig_20181115-19-p-0002.pdf





Federal Facilities Environmental Stewardship Center - where the Feds deal seriously with climate change: https://www.fedcenter.gov/news/regs/


Healthcare: Overview of Medicare financial plans for hospitals for 2019-2020. https://www.advisory.com/research/revenue-cycle-advancement-center/at-the-margins/2019/04/ipps-rule

HHS healthcare rollbacks, proposed regulations and proposed legislation from Congress. https://www.natlawreview.com/article/mcdermottplus-check-february-15-2019




Native American issues. https://turtletalk.blog/

Public Lands Tracking legal battles over the future of America’s public lands: https://www.lawofthelandproject.org/

SEC Regulatory site: https://www.sec.gov/rules.shtml for information on proposed changes to financial rule and markets.

Department of Transportation New and pending rules. https://www.transportation.gov/regulations/report-on-significant-rulemakings

For effective Commenting on Regulations, please read https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf and 
“How to Comment on EPA dockets”:             https://www.epa.gov/dockets/commenting-epa-dockets

Proposed “Regulatory Reform Agenda”: https://www.reginfo.gov/public/jsp/Utilities/index.jsp

Search and track all Federal regulations at https://regulations.justia.com/









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