Rogan's List

10/21/19

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.      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 

2.      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 

3.      Posted 10/18/2019 and Comments due 10/29/2019. Ominous-sounding notice with only ten-day comment period. Notice. Developing the Administration's Approach to Supporting Economic Recovery: Venezuela. "Summary: On behalf of the U.S. Administration, the International Trade Administration (ITA) is requesting comments on ways the Administration can support economic recovery following leadership transition in Venezuela. This request supplements on-going outreach the Administration is conducting with the private sector intended to inform our engagement going forward." https://www.regulations.gov/document?D=ITA_FRDOC_0001-5556   The plot thickens: https://www.nytimes.com/2019/10/17/business/energy-environment/citgo-venezuela-creditors.html and https://www.forbes.com/sites/arielcohen/2019/10/08/citgo-key-to-trumps-venezuela-strategy/#121b71207a8e

4.    Closing November 1, 2019. EPA Proposed Rule. Reclassification of Major Sources as Area Sources under Section 112 of the Clean Air Act. Read it and comment here: https://www.regulations.gov/document?D=EPA-HQ-OAR-2019-0282-0355 Read more here: https://ehsdailyadvisor.blr.com/2019/07/epa-proposal-would-allow-major-sources-to-reclassify/ " EPA’s proposed “air toxics loophole” would formally overturn protections that have been in place since 1995, allowing potentially thousands of large industrial facilities to opt out of rigorous clean air protections limiting discharges of dangerous pollutants such as mercury and benzene. Contrary to EPA’s claims, this action is not compelled by the Clean Air Act—and in fact undermines the protections that Congress intended to provide against toxic air pollutants. We urge EPA to withdraw this reckless and unlawful proposal. " See CA AG Becerra's letter here: https://www.regulations.gov/document?D=EPA-HQ-OAR-2019-0282-0339 and read the other comments posted so far. And read this from multiple environmental organizations: https://www.edf.org/.../Joint-NGO-Letter-Opposing-OIAI-Proposal.pdf

5.     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

6.    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

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.      Comments due 12/17/2019. Notice Standardized National Hypothesis Generating Questionnaire 0920-0997 - Revision. 2019-22735 This notice invites comment on a proposed information collection project titled Standardized National Hypothesis Generating Questionnaire. The information collected will be used to define a core set of data elements to be used for hypothesis generation once a given situation is determined to be a multistate foodborne outbreak investigation. https://www.regulations.gov/document?D=CDC-2019-0087-0001  Posted here because it is of interest

4.      October 10, 2019. Proposed changes to National Park usage. Subcommittee on Recreation Enhancement Through Reorganization, an advisory panel appointed by Trump's first Secretary of the Interior, Ryan Zinke, has recommended privatizing National Parks campgrounds, allowing food trucks in and setting up WiFi at campgrounds while also reducing benefits to seniors, according to the panel's memo. You can read the memo here: https://www.nps.gov/orgs/1892/made-in-america-rac.htm.  Read more here: https://www.ecowatch.com/trump-panel-national-parks-business-2640990773.html?rebelltitem=2#rebelltitem2

5.      Comments due 11/18/2019. Notice. Mandatory Civil Rights Data Collection. Changes to data collected from schools, including disparities. Read it and comment here: https://www.regulations.gov/document?D=ED-2019-ICCD-0119-0001. Read more here: https://all4ed.org/federal-flash-secretary-devos-is-proposing-changes-to-the-civil-rights-data-collection/

6.      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

7.      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 tarsands 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

8.     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/

9.      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

10. 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, 2020. https://www.regulations.gov/document?D=FWS-R2-ES-2017-0018-0007

11.   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

12.  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

13.  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.

14.  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

15.  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

16.  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&currentPageId=96878

17.  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/. 

18.  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 

19.  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 

20.  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/

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/

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

10.  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

11.  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

12.  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

13.  BLM’s own e-planningsite: 

https://eplanning.blm.gov/epl-front-office/eplanning/nepa/nepa_register.do

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

1.       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

2.      Real Estate Appraisals https://www.regulations.gov/document?D=FRS-2019-0332-0001

3.      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/

4.      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

5.      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/

6.      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

7.      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/ 

8.      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/

9.      Kaiser Health News take here:          https://khn.org/news/block-grants-medicaid-faq/

Other: More on regulations – tracking the trackers and general information

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:

https://www.truckingoffice.com/blog/federal-dot-regulations-recent-changes-hours-service/

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