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8/5/19

Beginning today, every Monday Rogan’s List will feature 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. 


PUBLIC COMMENTS NEEDED

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 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

Posted 9/5/2019 Notices or proposed rulemaking. Spent Nuclear Fuel Rods Site Installations. Multiple sites designated. https://www.federalregister.gov/documents/search?conditions%5Bterm%5D=8.5.2019+spent+fuel+storage# One state’s reaction: https://www.nationalgeographic.com/environment/2019/07/new-mexico-nuclear-waste-storage/

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.”

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 Sept. 23, 2019 “Designating Aliens for Expedited Removal” Read it and comment here: https://www.regulations.gov/document?D=DHS-2019-0036-0001

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/eac/

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 15, 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

July 12, 2019 30-day Notice. “Agency Information Collection Activities: REAL ID: Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by      Federal Agencies for Office Purposes” - Comments not accepted. 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/

Closing Soon

Closing August 6, 2019. Movement of Certain Genetically Engineered Organisms.
“We are proposing to revise our regulations regarding the movement (importation, interstate movement, and environmental release) of certain genetically engineered organisms in response to advances in genetic engineering and our understanding of the plant pest risk posed by them, thereby reducing regulatory burden for developers of organisms.” What could go wrong? Read it and comment here: https://www.regulations.gov/document?D=APHIS-2018-0034-0037 Read more about it here: https://www.organicconsumers.org/blog/usda-opens-door-untested-unlabeled-gmos

Closing August 7, 2019. It’s back. “Migratory Bird Hunting: Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2019-20 Season” https://www.regulations.gov/document?D=FWS-HQ-MB-2018-0030-0067 Read more here: https://www.indianz.com/fr/2019/07/08/migratory_bird_hunting_propose_4.asp  Comments due August 13, 2019. “Nondiscrimination in Health and Health Education Programs or Activities” - Titled “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: https://khn.org/news/foreign-language-health-notices-non-english-speakers-trump-administration-rules/ and https://www.kff.org/disparities-policy/issue-brief/hhss-proposed-changes-to-non-discrimination-regulations-under-aca-section-1557/

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 12, 2019. “National Environmental Policy Act Compliance” Applies to Forest Service. Read it and comment here.  https://www.regulations.gov/document?D=FS-2019-0010-0001 From the proposal, “The Forest Service is not fully meeting agency expectations, nor the expectations of the public, partners, and stakeholders, to improve the health and resilience of forests and grasslands, create jobs, and provide economic and recreational benefits. “From Bloomberg, “Forest Service Proposal Exempts Some Roads, Logging From Review. https://news.bloombergenvironment.com/environment-and-energy/forest-service-proposal-exempts-some-roads-logging-from-review


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: Email: FedRegComments@flra.gov Include “OPM (Petitioner), Case No. 0-PS-34” in the subject line of the message. 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 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

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.”         https://cdllife.com/2019/fmcsa-asks-truckers-how-much-of-their-time-is-wasted-loading-and-unloading/


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 Read it about it here:  https://www.environmentallawandpolicy.com/2019/06/epa-proposes-perchlorate-mcl-under-the-safe-drinking-water-act/


July 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.

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 (58 FR 12904) 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/DieselMinersPressRelease

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 https://www.columbiamissourian.com/editorial-air-likely-to-be-more-polluted-under-new-epa/article_7ae47774-8238-11e9-befa-8b81c28c91d2.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


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


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

Coming as a proposed regulation. From June: Proposal to recalculate how the Federal government calculates poverty rates so as to reduce benefits to poor people. This was a notice - proposed rule will follow sometime. I'm putting this here as a place-marker. https://www.regulations.gov/document?D=OMB-2019-0002-0001  Article about it here: https://www.nytimes.com/2019/05/07/us/politics/trump-poverty-level-proposal.html

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/  https://www.kff.org/health-reform/fact-sheet/tracking-section-1332-state-innovation-waivers/  Kaiser Health News take here: https://khn.org/news/block-grants-medicaid-faq/

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

https://www.fedcenter.gov/news/regs/

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


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/ https://www.edf.org/blog/2019/06/17/7-ways-trumps-epa-breaking-our-bipartisan-chemical-safety-law

Upcoming Public Federal Meetings and Comment opportunities on the environment and 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/ See American 

Institute of Physics Report on Trump admin. plan for research and development - https://www.aip.org/fyi/2018/trump-administration-identifies-rd-priorities-its-next-budget-request and DOE 2019 plan - https://www.aip.org/fyi/2018/fy19-budget-request-doe-applied-rd-slashed-again

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/Special filings this week: https://www.federalrgister.gov/public-inspection/current

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