10/14/19
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.
Organization
Closing Soon
Recent
Section I - ICE, DHS, DOL, NLRB
Section II - everything environmental - EPA, BLM, DOE
Section III - Civil rights, housing, education, healthcare
Other: More on regulations (tracking the trackers/general
information)
(Note: After a couple of weeks items are moved from
“Recent” and “Closing soon” into the Roman numeral sections. A note on
regulatory processes: there are three stages - Notice, Proposed Rule, and Rule.
There’s usually a time lag of a few months to a few years between them, and
they must be published in the Federal Register before appearing on
Regulations.gov. Comment time varies from 10 days to 2 months, sometimes with
extensions.)
Closing Soon
1.
Closing
October 17, 2019. OPM Proposed rule on personnel
management. Probation on Initial Appointment to a Competitive Position,
Performance-Based Reduction in Grade and Removal Actions and Adverse Actions Removes
some protection for workers though protects whistleblowers. https://www.regulations.gov/document?D=OPM-2019-0004-0001.
“This
change in regulation could mean more supervisor accountability for identifying
new hires who are not a good fit. It could also reinforce what some consider a flawed
system that denies employees due process rights.” Read
about it here: https://www.govloop.com/community/blog/what-you-need-to-know-about-opms-proposed-rule-on-firing-federal-workers/.
2.
Comments due Oct. 16, 2019.
Extended comment period. Two proposals to weaken energy conservation
standards. Energy Conservation Program: Energy Conservation Standards
for Dishwashers, Grant of Petition for Rulemaking 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” - and https://www.regulations.gov/document?D=EERE-2018-BT-STD-0005-2316 Read more: https://www.nytimes.com/2019/09/17/climate/trump-dishwasher-regulatory-rollback.html https://energycommerce.house.gov/newsroom/press-releases/pallone-on-doe-approving-petition-to-roll-back-more-energy-efficiency
3.
Comments due October 18,
2019. Proposed rule, titled HUD's
Implementation of the Fair Housing Act's Disparate Impact Standard.
Comment - How HUD Could Dismantle a Pillar of Civil Rights Law: "The Trump
administration will introduce a new rule on Monday that may reshape the way the
government enforces fair housing law, making it harder for people to bring
forward discrimination complaints under the Fair Housing Act." https://www.citylab.com/equity/2019/08/fair-housing-act-hud-disparate-impact-discrimination-lenders/595972/ and https://www.eff.org/deeplinks/2019/10/tell-hud-algorithms-are-no-excuse-discrimination.
From Axios: “A proposal from
the Department of Housing and Urban Development (HUD) would protect landlords,
lenders and insurers that want to use algorithms for important determinations,
shielding them from claims that the algorithms unintentionally have a more
negative impact on certain groups of people.” Read it and comment here: https://www.federalregister.gov/documents/2019/08/19/2019-17542/huds-implementation-of-the-fair-housing-acts-disparate-impact-standard
4. Comments due 10/18/2019. Relaxing standards for hazardous
air pollutants. https://www.federalregister.gov/documents/2019/09/03/2019-17223/national-emission-standards-for-hazardous-air-pollutants-site-remediation-residual-risk-and EPA regulatory summary https://www.youngsommer.com/news-articles and Read about it here: https://ehsdailyadvisor.blr.com/2019/08/epa-proposes-more-clean-air-act-flexibility-for-landfill-operators/
5.
Comments due October 21,
2019. Hours of Service of Drivers (Trucks). https://www.regulations.gov/document?D=FMCSA-2018-0248-5454. Federal regulators are poised to relax rules governing
the hours truck drivers can spend behind the wheel, raising concerns about
safety. https://www.iihs.org/news/detail/regulators-want-to-loosen-hours-of-service-rules-for-truckers
6.
Comments due 10/29/2019
Notice. Land Management Plan: Chugach National Forest; Alaska - opens up national forest to roads -This national forest
is "a truly wild and roadless landscape that also includes the highest
concentration of tidewater glaciers in North America, this area deserves the
highest level of permanent protection in the new forest plan. Alternative D
recommends full Wilderness designation for 97% of the Nellie Juan-College Fjord
WSA!" - information that can be used in commenting following the
instructions below can be found at https://winterwildlands.org/comment-now-chugach-forest-plan/ Comment at - Via
fax to (907) 586-7840. Faxes must be addressed to “Objection Reviewing
Officer.” The fax coversheet should specify the number of pages being
submitted. Electronically to the Objection Reviewing Officer via the CARA
objection web form: https://cara.ecosystem-management.org/Public//CommentInput?Project=40816. Electronic submissions
must be submitted in a format (Word, PDF, or Rich Text) that is readable and
searchable with optical character recognition software. Read it here: https://www.regulations.gov/document?D=FS_FRDOC_0001-3227 https://www.fs.usda.gov/detail/chugach/landmanagement/planning/?cid=stelprdb5408185
https://winterwildlands.org/comment-now-chugach-forest-plan/
7.
Comments due 10/31/2019.
Request for Comments on 2020 National Trade Estimate - used in determining
trade policy. https://www.federalregister.gov/documents/2019/09/03/2019-18910/request-for-comments-to-compile-the-national-trade-estimate-report-on-foreign-trade-barriers
You can read the 2019 estimate here: https://ustr.gov/sites/default/files/2019_National_Trade_Estimate_Report.pdf
8.
Update. Comments now due
January 20, 2o19 - comment period extended from Sept. 16. Port Access Route
Study: Alaskan Arctic Coast https://www.regulations.gov/document?D=USCG-2018-1058-0012 Read this comment from Audubon Society and Ocean
Conservancy, among other organizations: https://www.regulations.gov/document?D=USCG-2018-1058-0002 “The remoteness of the region and lack of infrastructure
means that the impacts of a serious vessel accident, especially an oil spill,
could be devastating to the marine environment and the people whose lives and
livelihoods depend on a healthy ocean.” BLM has already released plans to drill
the Arctic Coastal Plain - elsewhere in this document.
Recent
1.
New Regulations.gov beta
site - is easier to read. https://beta.regulations.gov/
2.
10/11/2019 Update on status of
“public charge” rules - court rulings and what USCIS did with it. Nicole Narea @nicolenarea NEW: A @StateDept spokesperson
just confirmed to me that the agency's own version of the public charge rule
is still slated to go into effect on Oct. 15 as scheduled — despite three
federal court rulings today blocking DHS's rule from going into effect
nationwide. Read more at twitter link above and here: https://www.aila.org/advo-media/issues/all/public-charge-changes-at-uscis-doj-and-dos
3.
From 9/26/2019. United States Citizenship and
Immigration Services officials are planning to change all references of the
term "foreign national" to "alien" in the agency’s policy
manual. Read more here: https://www.aila.org/infonet/tracking-uscis-policy-manual-changes
and here: https://www.buzzfeednews.com/article/hamedaleaziz/immigration-uscis-foreign-national-alien
4.
Comments due November 18,
2019. Keystone XL is back. The U.S.
Department of State just published the Draft Supplemental Environmental Impact
Statement (SEIS) for TC Energy/TransCanada’s proposed Keystone XL tar sands
export pipeline. ***There is only a 45-day public comment period. Please
prepare your statements and submit your comments promptly to show our continued
opposition to this disastrous project remains strong and healthy. TO ADD YOUR
PUBLIC COMMENTS IN STRONG OPPOSITION TO PROPOSED KXL PIPELINE a link can be
found directly below: - Enter docket number DOS-2019-0033. https://www.regulations.gov/document?D=DOS-2019-0033-0001 For updates: https://www.state.gov/releases-keystone-xl-pipeline
5.
October 9, 2019. Trump
Executive Order requiring consent of "States and localities” (Mayors and
Governor’s) for refugee resettlement. This
before he attacked Somali community in Minnesota. https://www.whitehouse.gov/presidential-actions/executive-order-enhancing-state-local-involvement-refugee-resettlement/
6.
Executive Order Promoting
the Rule of Law Through Improved Agency Guidance Documents - requires all agency directives be posted, searchable -
to avoid what it calls "back door" regulation. https://www.federalregister.gov/documents/2019/10/15/2019-22623/promoting-the-rule-of-law-through-improved-agency-guidance-documents "The
White House cited 2015 guidance from the Department of Labor as a prime example
of back-door regulation. That measure declared many independent contractors
should be classified as employees. This created confusion, raised costs for
thousands of small businesses, and was done without public input, the White
House said." https://news.bloomberglaw.com/daily-labor-report/trump-orders-to-limit-effect-of-agency-guidance-to-industry
7.
October 10, 2019. Major
changes to bank regulation, undoing Dodd-Frank. Previously posted as proposed
regulations - involves reducing stress tests, and relaxed
capital and liquidity rules.
"Thursday's package stems from bipartisan legislation passed by
Congress in May 2018 that rewrote parts of the 2010 Dodd-Frank financial reform
law." SEC and NASDAQ have also proposed numerous changes over the last
year - too numerous to list here and I'm not sure what they all mean. https://www.nasdaq.com/articles/fed-finalizes-post-crisis-rule-easing-for-domestic-foreign-banks-2019-10-10
Listed below:
Thresholds Increase for the Major Assets
Prohibition of the Depository Institution Management Interlocks Act Rule. https://www.regulations.gov/document?D=FRS-2019-0333-0001
Thresholds Increase for the Major Assets
Prohibition of the Depository Institution Management Interlocks Act Rule https://www.regulations.gov/document?D=OCC-2018-0011-0007
Amendments to the Stress Testing Rule for
National Banks and Federal Savings Associations https://www.regulations.gov/document?D=OCC-2018-0035-0005
Thresholds Increase for the Major Assets
Prohibition of the Depository Institution Management Interlocks Act Rules https://www.regulations.gov/document?D=FDIC-2019-0117-0001
Real Estate Appraisals https://www.regulations.gov/document?D=FRS-2019-0332-0001
8. U.S. Fish and Wildlife
Ordered to Take Fresh Look at Petition to Delist Bone
Cave Harvestman (an
invertebrate) https://www.endangeredspecieslawandpolicy.com/2019/04/articles/court-decisions/u-s-fish-and-wildlife-ordered-to-take-fresh-look-at-petition-to-delist-bone-cave-harvestman
Endangered and Threatened Species: Bone Cave Harvestman; 90-Day Finding closes
October 9, 2019. https://www.regulations.gov/document?D=FWS-R2-ES-2017-0018-0007
9.
Not yet published. HHS
major changes to “Stark Law" and anti-kickback statutes. https://www.federalregister.gov/documents/2019/10/17/2019-22027/medicare-and-state-healthcare-programs-fraud-and-abuse-revisions-to-safe-harbors-under-the Read more here: https://www.axios.com/health-care-fraud-abuse-stark-law-antikickback-changes-fd354212-9583-44c7-85e4-86e4690cc56e.html
10. Comments close 12/10/2019. Tip Regulations Under the Fair
Labor Standards Act (FLSA) Mandates tip sharing with
non-tipped workers such as dishwashers https://www.federalregister.gov/documents/2019/10/08/2019-20868/tip-regulations-under-the-fair-labor-standards-act-flsa Read more here: It would allow restaurant owners to
mandate tip-sharing with kitchen workers and others who traditionally have not
been tipped, but only if all the workers are paid at least the minimum wage.
Restaurants that pay tipped workers less than the minimum can only require
tip-sharing with those who have traditionally shared in tip pools, such as
busboys and hostesses. (Federal law allows employers to pay a sub-minimum wage
of $2.13 an hour to tipped workers.) The Labor Department estimates that more
expansive tip pools could result in the transfer of as much of $213.4 million a
year in tips from wait staff to kitchen workers, though the department says the
actual transfer would likely be about half that much. Critics say that amounts
to an indirect transfer of money from tipped workers to business owners, who
can then use less of their own money to compensate kitchen workers. https://www.npr.org/sections/thesalt/2019/10/07/767996929/restaurants-would-get-more-flexibility-with-workers-tips-under-proposed-rule For a more critical view: https://www.sourcepolitics.com/new-trump-administration-rule-will-allow-restaurants-to-take-servers-tip-money/ and https://www.vice.com/en_us/article/8xwknb/how-the-trump-administrations-new-labor-policies-could-screw-over-restaurant-workers
11. 10/2/2019. Trump admin to broadly expand DNA collection
of migrants in custody -The DNA would then be
transferred to the FBI’s criminal justice DNA database, an official said. https://www.nbcnews.com/news/us-news/trump-admin-broadly-expand-dna-collection-migrants-custody-n1061471. Not posted as a proposed regulation yet.
12. Comments due Dec. 2, 2019. SNAP: Standardization of State Heating and Cooling Standard Utility
Allowances. The proposed rule would revise
Supplemental Nutrition Assistance Program (SNAP) regulations to standardize the
methodology for calculating standard utility allowances (SUAs or
standards). Will result in food stamp cuts to millions. Read more: https://www.federalregister.gov/documents/2019/10/03/2019-21287/supplemental-nutrition-assistance-program-standardization-of-state-heating-and-cooling-standard and https://www.forbes.com/sites/joshuacohen/2019/10/04/trump-administrations-controversial-cuts-in-food-stamps-program/#68064adb7eaf From Stars and Stripes: https://www.stripes.com/news/veterans/house-lawmakers-argue-proposed-change-to-food-stamps-would-harm-veterans-1.601615
13.
10/4/2019 Presidential
Proclamation. Denying entry to immigrants without health insurance. https://www.federalregister.gov/documents/2019/10/09/2019-22225/suspension-of-entry-of-immigrants-who-will-financially-burden-the-united-states-healthcare-system-in
and https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/. Read more here. If/when comment period becomes
available, it will be posted here. https://www.vox.com/2019/10/9/20903541/trump-proclamation-legal-immigration-health-insurance
and https://www.washingtonpost.com/immigration/trump-will-deny-visas-to-immigrants-who-lack-health-care-coverage/2019/10/04/81e4f48a-e710-11e9-b403-f738899982d2_story.html
14.
10/7/2019. Notice of
Availability for the Record of Decision for the Central Coast Field Office
Approved Resource Management Plan Amendment for Oil and Gas Leasing and
Development, California. Allows fracking in
previously prohibited areas of California. Comments should become open in 30
days from publication. “This plan amendment identifies the Federal
mineral estate, located primarily in Fresno, Monterey and San Benito counties,
California, that is available for oil and gas leasing and development. It also
identifies leasing stipulations to protect resources.” https://www.federalregister.gov/documents/2019/10/07/2019-21654/notice-of-availability-for-the-record-of-decision-for-the-central-coast-field-office-approved. Link to BLM site: https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=96878
15.
Presidential Executive
Order requiring Medicare to pay amount equal to what private insurers pay for
services (rather than negotiating lower prices for
Medicare recipients). Predicted to bankrupt Medicare. “(b) The Secretary,
in consultation with the Chairman of the Council of Economic Advisers, shall
submit to the President, through the Assistants to the President for Domestic
and Economic Policy, a report within 180 days from the date of this order that
identifies approaches to modify Medicare FFS payments to more closely reflect
the prices paid for services in MA and the commercial insurance market, to
encourage more robust price competition, and otherwise to inject market pricing
into Medicare FFS reimbursement.” https://www.whitehouse.gov/presidential-actions/executive-order-protecting-improving-medicare-nations-seniors/ When it is a proposed rule, will be posted here. Read
more: https://www.latimes.com/business/story/2019-10-04/hiltzik-trump-medicare; https://khn.org/news/trump-speech-offers-dizzying-preview-of-his-health-care-campaign-strategy/.
16.
Closing 11/8/2019. USCIS Removal of 30- Day Processing Provision for
Asylum Applicant- Related Form I-765 Employment Authorization
Applications. Comment here: https://www.regulations.gov/document?D=USCIS-2018-0001-0001 “This rule change would allow DHS to take much
longer to decide whether someone seeking asylum should be issued a work permit,
requiring asylum-seekers to essentially survive on others’ charity while our
government processes paperwork,” Read more here: https://www.miamiherald.com/news/local/immigration/article235034052.html#storylink=cpy
17.
Comments due October 31,
2019. Reopening of comment period, Endangered
and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on
the Proposed Threatened Status for the Bi-State Distinct Population Segment of
Greater Sage-grouse. US Forest Service is allowing more time to comment on
endangered species. https://www.federalregister.gov/documents/2019/10/01/2019-21385/endangered-and-threatened-species-6-month-extension-of-final-determination-on-the-proposed. Read more here: https://lmtribune.com/northwest/wildlife-official-say-sage-grouse-numbers-are-down-significantly-across/article_87e110be-25c9-5f1a-9ecb-7a05d4d5c17f.html
18.
Comments due Nov. 18, 2019.
Changes to how HUD calculates means-testing
for public housing. Proposed rule. “FR-6057-P-01 Housing Opportunity Through
Modernization Act of 2016: Implementation of Sections 102, 103, and 104.” https://www.regulations.gov/document?D=HUD-2019-0078-0001. Not much comment yet. Read more here: https://nahroblog.org/2019/09/16/new-hotma-provisions-to-be-implemented/#more-14008
19.
Closing 12/10/2019. Dark
money allowed to be hidden in new proposed rule. https://www.federalregister.gov/documents/2019/09/10/2019-19501/guidance-under-section-6033-regarding-the-reporting-requirements-of-exempt-organizations
IRS proposes regulations allowing tax-exempt
groups to keep donor identities secret .The
proposed regulations are likely to generate comments critical of political
groups using tax-exempt entities for fundraising without disclosing the
identities of their donors, effectively using so-called "dark money"
to finance their causes and preferred candidates. The rules would also apply to
groups such as the National Rifle Association, labor unions and trade
associations. https://www.accountingtoday.com/news/irs-proposes-regulations-allowing-tax-exempt-groups-to-keep-donor-identities-secret and https://www.insidepoliticallaw.com/2019/09/06/irs-issues-notice-of-proposed-rulemaking-on-donor-disclosure-rules-in-response-to-court-ruling/
20.
Comments due 11/4/2019.
Relaxing energy-efficiency standards. Energy Conservation Program: Energy
Conservation Standards for General Service Incandescent Lamps Read it
and comment here: https://www.federalregister.gov/documents/2019/09/05/2019-18941/energy-conservation-program-energy-conservation-standards-for-general-service-incandescent-lamps and read about it here: https://www.nytimes.com/2019/09/04/climate/trump-light-bulb-rollback.html
21.
Comments due 11/25/2019.
Relaxing methane leaks proposed rule. Docket no. EPA-HQ-OAR-2017-0757. Read it and comment here: https://www.federalregister.gov/documents/2019/09/24/2019-19876/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources-review Link to pdf also included in this article: https://www.nytimes.com/2019/08/29/climate/epa-methane-greenhouse-gas.html?smid=nytcore-ios-share&fbclid=IwAR1dxZGcu5KkNQxgl2bBW0XaUhKXWdgrwKq1B0u50Q-AfM3P20Zk5IPRUZc. Read more here: https://www.ourdailyplanet.com/story/trump-administrations-epa-proposes-rolling-back-methane-leaks-rule/
22.
8/29/2019. Never posted -
further citizenship restrictions. USCIS
failed to provide advance public notice of this shift. USCIS’s Elimination
of Non-Military Deferred Action at Local USCIS Offices - https://www.aila.org/advo-media/issues/all/featured-issue-usciss-elimination-of-non-military. "This
shift puts lives in danger, including the lives of children facing serious
medical conditions like cancer, epilepsy, cystic fibrosis, and HIV. USCIS's
actions threaten such individuals with deportation and loss of access to essential
treatment. USCIS's failure to provide advance public notice of this policy
change epitomizes the agency's growing disregard for transparency and
accountability." Write your legislators.
23.
Protect Utah and Hovenweep
National Monument from Oil and Gas Drilling! https://secure.npca.org/site/Advocacy?cmd=display&page=UserAction&id=2088
Section I - ICE, DHS, DOL, NLRB
1. Closing 11/8/2019. Removal of 30-Day Processing Provision
for Asylum Applicant-Related Form I-765 Employment Authorization
Applications https://www.federalregister.gov/documents/2019/09/09/2019-19125/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment. USCIS will issue a proposed rule Monday that would
eliminate a requirement to process initial work permit applications by asylum
seekers within 30 days. Read about it here: https://immigrationforum.org/article/anticipated-proposed-rule-would-undermine-u-s-workforce/
2.
Closing
December 10, 2019. Anti-labor union proposed rule, specifically
making it harder for unions in the construction industry. Representation-Case
Procedures: Election Bars; Proof of Majority Support in Construction Industry
Collective-Bargaining Relationships Read it and comment here: https://www.regulations.gov/document?D=NLRB-2019-0001-0001.
Read more here: https://hrdailyadvisor.blr.com/2019/10/07/nlrb-extends-union-election-rule-comment-period/.
3.
Comments due November 22,
2019. Student workers are not employees, from NLRB. Jurisdiction-Nonemployee
Status of University and College Students Working in Connection With Their
Studies https://www.federalregister.gov/documents/2019/09/23/2019-20510/jurisdiction-nonemployee-status-of-university-and-college-students-working-in-connection-with-their
4.
Posted July 22, 2019
Notice. 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
comments as it is “merely a submission to the Secretary of Agriculture.” Given
this administration’s track record, this doesn’t bode well. Write your
representatives. https://www.federalregister.gov/documents/2019/07/22/2019-15371/submission-to-the-secretary-of-agriculture-pesticides-agricultural-worker-protection-standard
5. 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 rule-making (no comment period
yet). https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=1653-AA78 https://www.texastribune.org/2019/04/30/trumps-new-asylum-rules-seek-fees-immigrants-bans-some-work-visas/ and https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Proposal_to_Replace_Duration_of_Status/
Section II - EPA, BUREAU OF RECLAMATION - ENVIRONMENT AND ENERGY
1.
Comments due Dec. 18, 2019.
Extending habitat for threatened orca. “Endangered and Threatened Species:
Critical Habitat for the Southern Resident Killer Whale Distinct Population
Segment.” https://www.regulations.gov/document?D=NOAA-NMFS-2014-0041-0278. Supported by Center for Biological Diversity: https://biologicaldiversity.org/w/news/press-releases/federal-rule-protects-endangered-orcas-west-coast-habitat-2019-09-18/
2. Sept 9, 2019. Plan. National Petroleum Reserve in
Alaska Integrated Activity Plan Bureau of Land Management plan to open
Alaska Coastal Plain to oil and petroleum exploration and drilling. BLM
eplanning site Alaska Coastal Plain National Petroleum Reserve https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=renderDefaultPlanOrProjectSite&projectId=117408 Read more here: https://www.americanprogress.org/issues/green/reports/2019/09/10/474256/vast-liquidation-public-lands-underway-alaska/ Leasing site: https://www.esrl.noaa.gov/gmd/ccgg/trends_ch4/ https://www.ecowatch.com/trump-alaska-refuge-oil-drilling-2640355340.html and https://www.nytimes.com/2019/09/09/travel/alaska-arctic-national-wildlife-refuge.html
3.
Dated 8/28/2019 and posted
9/10/2019. No comment information included, proposed rule. USDA withdraws
several regulations on important areas - Performance Standards for the Production of Processed
Meat and Poultry Products.NPRM ............ 8/03/2006 71 FR 43992 APHIS
.................... 0579–AE02 .... Livestock Marketing Facilities
.................................... NPRM ............ 1/2/2015 80 FR 6 FNS
........................ 0584–AD88 .... Supplemental Nutrition Assistance
Program: Farm Bill of 2008 Retailer Sanctions.NPRM ............ 8/14/2012 77 FR
48461 FNS ........................ 0584–AE00 .... Emergency Supplemental
Nutrition Assistance for Victims of Disasters Procedures. No comment
instructions. https://www.federalregister.gov/documents/2019/09/10/2019-19572/withdrawal-of-certain-proposed-rules
4. 9/6/2019 EPA and DOJ threaten California Air Resources
Board and automakers for auto-emissions standard, politicizing EPA and DOJ in
anti-environment move. EPA letter to CA: https://www.epa.gov
› documents › epa.dot_puts_california_on_notice.pdf and DOJ story here: https://www.washingtonpost.com/climate-environment/justice-dept-launches-antitrust-probe-of-automakers-over-their-fuel-efficiency-deal-with-california/2019/09/06/29a22ee6-d0c7-11e9-b29b-a528dc82154a_story.html?noredirect=on. “California officials, who have repeatedly asserted the
state’s rights under the 1970 Clean Air Act, criticized the inquiry as
politicization to impose the Republican president’s policies.” Read more here: https://www.greencarcongress.com/2019/09/20190919-onerule.html . Other
federal announcements pertaining to CA auto emissions standards: https://www.epa.gov/newsreleases/trump-administration-announces-one-national-program-rule-federal-preemption-state-fuel and https://www.nhtsa.gov/corporate-average-fuel-economy/safe and https://www.nhtsa.gov/document/safe-vehicles-rule-part-1-fr-notice-09192019 Comment email addresses for EPA officials by area: Email addresses for EPA https://www.epa.gov/dockets/where-send-comments-epa-dockets#regional
5.
Tongass National Forest EPA
site - proposal to open up Tongass National Forest to logging, roads, etc. Not
on regulations.gov yet. You have to download the
documents to read them but the first six pages of the first document confirm
the intent. https://slate.com/news-and-politics/2019/08/trump-open-alaskas-tongass-national-forest-worlds-largest-remaining-temperate-rainforest-logging-mining.html?utm_source=fb&utm_medium=post&utm_campaign=Lands
https://cdxnodengn.epa.gov/cdx-enepa-II/public/action/eis/details?eisId=277660 and Tongass
development search
6.
Multiple items posted
undoing the Clean Air Act piecemeal. “NESHAP” is “National Emission Standards
for Hazardous Air Pollutants” https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous
- read more here, including a good
explanation of how this works: https://www.jdsupra.com/legalnews/miscellaneous-coating-manufacturing-20449/
and https://www.jdsupra.com/legalnews/municipal-solid-waste-landfills-neshap-65928/
One proposed change here: https://www.regulations.gov/document?D=EPA-HQ-OAR-2018-0833-0001
7.
Posted August 12, 2019. Allowing more toxic substances. Notice. 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. Comments not accepted. 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/
8.
July 14, 2019 Multiple BLM
Notices and Proposed Rules with links to comment pages. Constantly updated. https://www.esa.org/public-policy/stay-informed/federal-register-opportunities/
9.
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 Comments must be received on or before midnight EDT
September 25, 2020. 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. 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
10. 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
11. 2019 BLM oil and gas lease sales - still for sale. Document listing all projects : https://eplanning.blm.gov/epl-front-office/projects/nepa/116438/162409/198093/2018.11.15_DNA_doc_March_2019_OGLsSa.pdf Website listing upcoming sales: https://eplanning.blm.gov/epl-front-office/eplanning/nepa/nepa_register.do 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
12. BLM’s own e-planningsite:
Section III - CIVIL RIGHTS, TITLE IX, HEALTH, EDUCATION, FOOD,
BANKING, HOUSING and FCC
1.
August 12, 2019. Medicaid
work requirements. https://www.federalregister.gov/documents/2019/08/12/2019-17161/agency-information-collection-activities-proposed-collection-comment-request One in a string of proposals, analyzed here: https://www.kff.org/medicaid/issue-brief/understanding-the-intersection-of-medicaid-and-work-what-does-the-data-say/ and https://www.kff.org/medicaid/issue-brief/medicaid-waiver-tracker-approved-and-pending-section-1115-waivers-by-state/
2.
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-holder because it’s coming. 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
3.
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/
4.
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
5.
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/
6.
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/
7.
Kaiser Health News take
here:https://khn.org/news/block-grants-medicaid-faq/
Federal Government Sites:
1.
https://www.fedcenter.gov/news/regs/
2.
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/
3.
Tracking regulations by Agency and Industry: https://quantgov.org/federal_regulation_tracker/
4.
USCIS Federal Register
Announcements: https://www.uscis.gov/legal-resources/uscis-federal-register-announcements
Non-governmental
sites providing up-to-date overviews and discussions of regulatory rollbacks:
1.
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/
2. Overview of regulatory rollbacks: https://sensiblesafeguards.org/
3. General advice on comment on regulations, includes a
search tool: https://demcastusa.com/2019/10/03/how-to-public-comment-on-federal-regula tions/
4.
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/
5.
Department of
Transportation. Employment - hours of service - tracking trucking driver regulations:
6.
Employment law tracker: https://www.nelp.org/tracker/ Weekly updates on Trump effects on labor. See also: https://tax.thomsonreuters.com/blog/dols-regulatory-to-do-list-tackles-flsa-fmla-and-work-visa-issues/
7.
Environmental regulation
roundup: https://www.hcn.org/articles/department-of-interior-zinke-leaves-unfinished-business-at-the-interior-department/legal-status-of-interior-department-during-the-trump-administration
8.
Environmental overview: https://twitter.com/highcountrynews/status/1109161693181956098
9.
Tracking Alaska Oil and Gas
drilling: https://inletkeeper.org/our-work/energy-alaska/oil-gas/
10.
Environmental regulation
rollback tracking: https://www.foodandwaterwatch.org/problems http://saveepaalums.info/ Also see their comments on specific regulatory
rollbacks: http://saveepaalums.info/submittedcomments https://eelp.law.harvard.edu/regulatory-rollback-tracker/ Other trackers here: https://eelp.law.harvard.edu/2018/07/tracking-the-trackers/
11.
Brookings Institution
“Tracking Deregulation in the Trump Era.” https://www.brookings.edu/interactives/tracking-deregulation-in-the-trump-era/ and
12.
Rules at Risk: https://rulesatrisk.org/
13.
For state impact - listed by state: https://www.trinityconsultants.com/news/states
14.
EPA regulation rollbacks: https://www.environmentalintegrity.org/trump-watch-epa/regulatory-rollbacks/
15.
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
16.
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/
17.
Law of the Land Project from Center for American Progress. Tracks
regulations and litigation with status updates. https://www.lawofthelandproject.org/
18. EPA
Regulation Watch blog. http://acoel.org/category/Regulation.aspx
19. 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
20.
FCC pending and in-place
regulations – https://www.commlawblog.com/2019/02/articles/fcc/fcc-ponders-revising-severalnce-and-lpfm-procedures/ and https://urgentcomm.com/type/fcc/
21.
Regulations https://www.fda.gov/Food/GuidanceRegulation/default.htm
22.
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
23.
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
24.
HHS healthcare rollbacks, proposed regulations and proposed legislation from
Congress. https://www.natlawreview.com/article/mcdermottplus-check-february-15-2019
25.
Immigration regulation
tracking: Government Public Comment Opportunities On
Immigration Rules And Policies https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Government_Public_Comment_Opportunities_On_Immigration_Rules_And_Policies/
26.
Immigration: list of
regulatory changes open for comment: https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Government_Public_Comment_Opportunities_On_Immigration_Rules_And_Policies/
27.
Immigration - good summary
of all public charge rules at several government agencies - USCIS, DOJ, DOS: https://www.aila.org/advo-media/issues/all/public-charge-changes-at-uscis-doj-and-dos
28.
Immigration law resources -
great resource: https://www.aila.org/infonet
29.
Medicare/ACA tracking
changes: https://blog.medicarerights.org/category/medicare-watch/
30.
Native American issues. https://turtletalk.blog/
31.
Public Lands Tracking legal battles over the future of America’s
public lands: https://www.lawofthelandproject.org/
32.
SEC Regulatory site: https://www.sec.gov/rules.shtml for information on proposed changes to financial rule
and markets.
33.
Department of
Transportation New and pending rules. https://www.transportation.gov/regulations/report-on-significant-rulemakings
34. USDA Regulatory actions: http://www.afdo.org/blog/7879271
35. 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
36.
Proposed “Regulatory Reform
Agenda”: https://www.reginfo.gov/public/jsp/Utilities/index.jsp
37.
Search and track all
Federal regulations at https://regulations.justia.com/
38.
Special filings this week: https://www.federalregister.gov/public-inspection/current
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