11/11/19
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 are due November 12, 2o19. Proposed
rule from Dept. of Justice. DNA-Sample Collection From Immigration
Detainees. Read it and comment here: https://www.federalregister.gov/documents/2019/10/22/2019-22877/dna-sample-collection-from-immigration-detainees. Read more about it here:
https://www.npr.org/2019/10/21/772035602/justice-department-announces-plan-to-collect-dna-from-migrants-crossing-the-bord
and here: https://gizmodo.com/doj-rule-gives-green-light-to-collect-dna-from-asylum-s-1839226354
2.
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://www.phada.org/Publications/Blog/View/ArticleId/12766/HUD-Publishes-a-New-Proposed-Rule-Implementing-HOTMA-Provisions-1
and here: https://nahroblog.org/2019/09/16/new-hotma-provisions-to-be-implemented/#more-14008
3.
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
4.
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/
5.
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/
6.
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
7.
Comments due November 27, 2019. Increasing amounts of
pesticides on food. https://www.federalregister.gov/documents/2019/10/28/2019-23355/receipt-of-a-pesticide-petition-filed-for-residues-of-pesticide-chemicals-in-or-on-various
Other countries are pushing back against EPA relaxation of environmental
safeguards. Read more here: https://www.bangkokpost.com/business/1780134/us-glyphosate-letter-riles-govt
and here: https://ehjournal.biomedcentral.com/articles/10.1186/s12940-019-0488-0
8. 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
9. 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
10. 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. 10/16/2019. ICE solicits bids
to build immigrant detention centers in California trying to beat start date of
Governor Newsom’s ban. See the solicitation here: https://www.fbo.gov/index.php?s=opportunity&mode=form&id=3ca524db03e0480542f662dfb7ddbe7f&tab=core&tabmode=list
Read about it here: https://www.motherjones.com/politics/2019/10/ice-california-new-detention-facilities-private-profit/?fbclid=IwAR3jGJT8FzdJPuEYmJNiFF0feaMzuh5XHVJ9fcB0f64_-uZ_ncTNAjrMM6E
3.
Closing 12/17/2019. Special
Areas, Roadless Area Conservation: National Forest System Lands in Alaska. Proposal
to open up Tongass National Forest to logging, roads, etc. Now open for comment. https://www.regulations.gov/document?D=FS-2019-0023-0001. 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
4. To be published 11/14/201. Proposed Rule. High fees for immigrants, asylum seekers, and citizenship
petitions. U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements. https://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration New
Trump Administration Proposal Would Charge Asylum Seekers an Application Fee. The proposal also includes increasing fees
for those applying for citizenship by more than 60 percent. https://www.nytimes.com/2019/11/08/us/politics/immigration-fees-trump.html
https://www.texastribune.org/2019/04/30/trumps-new-asylum-rules-seek-fees-immigrants -bans-some-work-visas/
5.
EPA Unveils Plan to Relax
Rules on Coal Power Plant Waste. Agency releases regulatory rollback proposals.
Proposal would apply to Obama-era standards for coal plant wastewater and coal
ash. The EPA wants to relax waste standards for
coal-fired power plants, a rollback of Obama-era regulations on water pollution
and waste management that could help struggling coal plants stay in operation.
The Nov. 4 proposal would roll back an Obama administration regulation
outlining the types of technology that coal-fired power plants must use to
capture and treat the wastewater that flows out of their facilities. Proposed
rule, unpublished, here: https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines-2019-proposed-revisions#proposed-rule
and https://www.epa.gov/coalash/coal-ash-rule#PartA
https://www.epa.gov/sites/production/files/2019-11/documents/steam-electric-proposed_prepub_11-04-2019.pdf. Read more below: https://www.nrdc.org/experts/nrdc/coal-plants-get-pass-pollute-our-waterways?utm_source=tw&utm_medium=tweet&utm_campaign=CleanWater&fbclid=IwAR2NDz5N_Vz6sTyHzK1wcUl1fC5PWIWu7Zolpx4fs3KJ0A9N3ziROaj7Akg
https://www.npr.org/2019/11/04/776174139/trump-administration-proposes-relaxing-rules-on-waste-from-coal-plants
https://stateimpact.npr.org/pennsylvania/2019/11/04/trump-administration-proposes-rollbacks-for-two-obama-era-coal-pollution-rules/?fbclid=IwAR0UcSzjFJ5ljOBmqj40zmYZN6NaXF1vSnxiIaB4QxmWN5SjR_VCcSEeles
6.
Comment due 12/9/2019. Fish
and Wildlife Service Opinion. Diverting Sacramento River. Email comments to eleal@usbr.gov https://www.fws.gov/sfbaydelta/CVP-SWP/index.htm
Biological Opinion. "Eight-hundred
pages into the text of a lengthy new report, federal biologists have quietly granted government water managers permission
to nearly exterminate an endangered run of Sacramento River salmon so they can
send more water south from the river's delta to farmers in the arid San Joaquin
Valley." Trump Administration Plan Allows Delta Water Managers to Kill Off Winter-Run
Chinook Salmon. Environmentalists call the new water diversion regulations
"an extinction plan." Read more here:https://www.eastbayexpress.com/oakland/trump-administration-plan-allows-delta-water-managers-to-kill-off-winter-run-chinook-salmon/Content?oid=27893195&fbclid=IwAR0lZjN8NLgDTKOhqdVgUsx8F83XXMcjIxVINfeJm22oWlQbJP5pilLHte0
and https://www.rollcall.com/news/congress/interior-plans-ink-contract-former-bernhardt-client%EF%BE%A0?fbclid=IwAR2vFQH5i7RJUsVPAWJ0QLHXT_IGhxhd1xm7vjpGwBY6IFhDm3DP5WX1MRo
and http://www.startribune.com/interior-proposes-coveted-deal-to-ex-client-of-agency-head/564627982/
and https://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=68567 "FRESNO, Calif. - The Bureau of Reclamation has
extended the 60-day public comment period for the Westlands Water District
draft repayment contract. This draft contract provides project water service
and facilities repayment pursuant to the Water Infrastructure Improvements for
the Nation Act (WIIN Act). Section 4011
of the WIIN Act directs Reclamation to convert water service and existing
repayment contracts for construction costs prepayments upon the contractor’s
request. The contract is available at: https://www.usbr.gov/mp/wiin-act/negotiated-conversion-contracts.html
Written comments must be received by close of
business on January 8, 2020, and sent to Erma Leal, Bureau of Reclamation,
South-Central California Area Office, 1243 N Street, Fresno, CA 93721, or faxed
to 559-262-0371, or emailed to eleal@usbr.gov. Contact Leal for more information or to
request a copy of the draft contract at 559-262-0350 (TTY 800-877-8339). Other
WIIN Act information may be viewed at https://www.usbr.gov/mp/wiin-act/”.
7. Posted 11/8/2019 as Proposed Rule and Action effective
immediately, no comments. Endangered and Threatened Species: California Spotted
Owl; 12-Month Finding - delists CA spotted owl as
endangered species. https://www.regulations.gov/document?D=FWS-R8-ES-2015-0139-0020.
Read more here: https://defenders.org/newsroom/california-spotted-owl-denied-critical-federal-protections
and here: https://www.courthousenews.com/trump-administration-wont-list-spotted-owl-as-endangered/.
8.
Comments due 12/5/2019.
Proposed Rule, Fluctuating Workweek Method of Computing Overtime. https://www.regulations.gov/document?D=WHD-2019-0006-0001
Undoes Obama-era overtime regulation. “The
regulation would update the Fair Labor Standards Act’s “fluctuating workweek”
compensation method. That option is available for employers to pay certain
workers whose hours vary widely each week at half their regular rates, instead
of at one-and-a-half times, for any hours worked over 40 each week.” https://news.bloomberglaw.com/daily-labor-report/trump-reverses-obama-stance-on-fluctuating-workweek-overtime
9.
Comments due 12/23/2019.
Clean Water Act Methods Update Rule for the Analysis of Effluent. Complete repeal of Clean Water Act. https://www.federalregister.gov/documents/2019/10/22/2019-22437/clean-water-act-methods-update-rule-for-the-analysis-of-effluent
Read about it here: https://www.natlawreview.com/article/epa-and-army-repeal-clean-water-rule-and-move-forward-plan-to-redefine-waters
10.
Comments due 1/30/2020.
Proposed Rule. Agricultural Worker Protection Standard; Revision of the
Application Exclusion Zone Requirements: Pesticides affecting “Agricultural worker, employer,
environmental protection, farms, forests, greenhouses pesticides, nurseries,
pesticide handler, worker protection standard.” Previously a submission to the
Secretary of Agriculture.”Read it and comment here: https://www.regulations.gov/document?D=EPA-HQ-OPP-2017-0543-0004. Given this administration’s track record, this doesn’t
bode well. Original posting: https://www.federalregister.gov/documents/2019/07/22/2019-15371/submission-to-the-secretary-of-agriculture-pesticides-agricultural-worker-protection-standard. Read more here: https://www.beeculture.com/catch-the-buzz-epa-proposal-would-shrink-buffer-zones-around-farm-pesticides/
11. Comments due 12/9/2019. Margin
and Capital Requirements for Covered Swap Entities. - Federal
Banking Agencies propose rule to amend
swap margin rules. Big giveaway to banks. Read it and comment
here: https://www.federalregister.gov/documents/2019/11/07/2019-23541/margin-and-capital-requirements-for-covered-swap-entities
Read more here: Banking Regulators Should
Not Give Wall Street’s Five Biggest Banks, a $40 Billion Deregulatory Gift for
Their Dangerous Derivatives Trading. https://sensiblesafeguards.org/banking-regulators-should-not-give-wall-streets-five-biggest-banks-a-40-billion-deregulatory-gift-for-their-dangerous-derivatives-trading/
12. 11/1/2019.
Anti-LGBTQ adoption and foster care measure. HHS
Issues Proposed Rule to Align Grants Regulation with New Legislation,
Nondiscrimination Laws, and Supreme Court Decisions. https://www.hhs.gov/about/news/2019/11/01/hhs-issues-proposed-rule-to-align-grants-regulation.html
In plain
English, “A proposed rule by the Trump administration would
allow foster care and adoption agencies to deny their services to L.G.B.T.
families on faith-based grounds.” Read more here: https://www.ebar.com/news/news/284007/online_extra:_trump_administrations_hhs_proposes_rule_that_would_allow_bias_against_lgbts
and here: https://www.nytimes.com/2019/11/02/us/trump-hhs-lgbtq-rule.html
13. Posted
10/31/2019. DHS Notice. Comments not accepted. Waiver of
environmental rules. Determination Pursuant to Section 102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, as Amended. “The Acting Secretary of Homeland
Security has determined, pursuant to law, that it is necessary to waive certain
laws, regulations, and other legal requirements in order to ensure the
expeditious construction of barriers and roads in the vicinity of the
international land border in Starr County, Texas, Hidalgo County, Texas, and
Cameron County, Texas. https://www.regulations.gov/document?D=DHS-2019-0058-0001.
Read more here: DHS Notice of Determination Regarding Border in Three Texas
Counties. https://www.aila.org/infonet/84-fr-58400-10-31-19
14.Comments
due December 23, 2019. Hazardous Materials: Liquefied Natural Gas by Rail. Proposal
to allow rail transport of natural gas. Read it and comment here: https://www.regulations.gov/document?D=PHMSA-2018-0025-0002.
Read more here: https://news.bloombergenvironment.com/environment-and-energy/trains-could-carry-liquefied-natural-gas-under-federal-proposal
and here: https://news.bloombergenvironment.com/environment-and-energy/trains-could-carry-liquefied-natural-gas-under-federal-proposal.
15. Comments
due December 20, 2019. Proposed Rule. Federal Acquisition Regulation:
Recreational Services on Federal Lands. Read
it and comment here: https://www.regulations.gov/document?D=FAR-2019-0004-0001.
“Initially privatizing national park campgrounds and then expanding
privatization to other agencies, including the Bureau of Land Management, the
US Fish and Wildlife Service, the Bureau of Reclamation; regulation exceptions
through ‘categorial permissions’ to electrify campgrounds by expanding utilities;
mobile food trucks and camp stores within park grounds; and blackouts and
restrictions on senior citizens admission discounts.” Read about it here: https://westernvaluesproject.org/plans-to-privatize-national-parks-outlined-in-trump-admin-memo-would-enrich-donors-special-interests/
16. 11/2/2019 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
and https://www.aila.org/advo-media/press-releases/2019/aila-welcomes-injunctions-on-public-charge-rule
17.
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
18.
October
10, 2019. Proposed changes to National Park
usage. Subcommittee on Recreation Enhancement Through Reorganization,” "Made
in America" Outdoor Recreation Advisory Committee, 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. Write
your representatives.
19. 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.
Write your representatives.
20. 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/
21. 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. This is a sweeping order applicable to almost
all agencies. 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
22. 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
23. Closing 12/31/2019. 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
24. 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
25. 11/2/2019
Update. Proclamation below blocked in courts but posted 10/29/19
at Regulations.gov as a Notice. “Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Immigrant Health Insurance Coverage”
https://beta.regulations.gov/document/DOS-2019-0039-0001
Read this: https://www.aila.org/advo-media/press-releases/2019/civil-rights-coalition-halts
Background: 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
26.
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.americanprogress.org/issues/healthcare/news/2019/10/11/475646/trumps-plan-privatize-medicare/
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/.
27.
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/
28. Protect Bears Ears and
Grand Staircase-Escalante National Monument.
https://www.npca.org/advocacy/6-don-t-gut-our-national-monuments
Section I - ICE, DHS, DOL, NLRB
1.
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/.
Section II - EPA, BUREAU OF RECLAMATION - ENVIRONMENT AND ENERGY
1.
EPA vs. USDA in biofuels regulation.
Comments due November 29, 2019. Renewable Fuel Standard Program: Standards for
2020 and Biomass-Based Diesel Volume for 2021.Read it here: https://www.federalregister.gov/documents/2019/10/28/2019-23379/renewable-fuel-standard-program-standards-for-2020-and-biomass-based-diesel-volume-for-2021-and
and read more here: https://advancedbiofuelsusa.info/tag/epa/
and here: https://bioenergyinternational.com/opinion-commentary/epa-biofuels-proposal-falls-short-of-industry-expectations-ngfa
2.
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/
3. Sept 9, 2019. Plan. (No comment section). 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
4. 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.” Write your legislators. 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.
5. 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
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
. This link shows
postings and comment dates: https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous#status
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 November 4, 2019,
2019. Allowing more toxic substances. Notice. Certain
New Chemicals or Significant New Uses; EPA proposed significant new
uses of toxic chemicals, including dissociates, used in polyurethane. Comments
not accepted. https://www.federalregister.gov/documents/2019/11/04/2019-23388/significant-new-use-rules-on-certain-chemical-substances-19-4f
and https://www.federalregister.gov/documents/2019/10/28/2019-23389/significant-new-use-rules-on-certain-chemical-substances-17-4
Read more here: https://news.bloombergenvironment.com/environment-and-energy/epa-shifts-timeline-for-chemical-risk-evaluations
and http://blogs.edf.org/health/2019/08/08/trump-epa-caves-again-to-industry-demands-on-new-chemicals-and-workers-pay-the-price/ and https://chemicalwatch.com/84049/epa-proposes-26-tsca-significant-new-use-rules#overlay-strip
8.
11/5/2019. Notice Alaska
Petroleum Lease Sales. Will be live webcast. https://www.federalregister.gov/documents/2019/11/05/2019-24113/notice-of-2019-national-petroleum-reserve-in-alaska-oil-and-gas-lease-sale-and-notice-of
Read more here:https://www.blm.gov/programs/energy-and-minerals/oil-and-gas/leasing/regional-lease-sales/alaska and here: https://www.alaskapublic.org/2019/06/20/planning-for-2019-npr-a-oil-lease-sale-begins-as-feds-pursue-opening-more-arctic-land-to-drilling/
9.
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/
10. 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
11.
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
12. 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
13. 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
14. BLM’s own e-planningsite:
Section III - CIVIL RIGHTS, TITLE IX, HEALTH, EDUCATION, FOOD,
BANKING, HOUSING and FCC
1. 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
2.
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/
3.
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
4.
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/
5.
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
6. Update from Kaiser Family Foundations 3/13/2019: https://www.kff.org/medicaid/issue-brief/partial-medicaid-expansion-with-a ca-enhanced-matching-funds-implications-for-financing-and-coverage/
7. 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-fr om-the-administration-congress-and-the-states/https://www.kff.org/health-reform/fact-sheet/tracking-section-1332-state-innovation-waivers/
8. 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. Environment: Forest Service Employees for
Environmental Ethics https://www.fseee.org/take-action/help-save-the-tongass/
19. EPA
Regulation Watch blog. http://acoel.org/category/Regulation.aspx
20. 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
21.
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/
22.
FDA Regulations https://www.fda.gov/Food/GuidanceRegulation/default.htm
23.
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
24.
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
25.
HHS healthcare rollbacks, proposed regulations and proposed legislation from Congress. https://www.natlawreview.com/article/mcdermottplus-check-february-15-2019
26.
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/
27.
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/
28.
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
29.
Immigration law resources -
great resource: https://www.aila.org/infonet
30. Labor:
Federal Labor Impacts: https://ucommblog.com/section/politics/national-politics
31. Labor:
National Employment Law Project: https://www.nelp.org/
32. Medicare/ACA tracking changes: https://blog.medicarerights.org/category/medicare-watch/
33.
Native American issues. https://turtletalk.blog/
34.
Public Lands Tracking legal battles over the future of America’s
public lands: https://www.lawofthelandproject.org/
35.
SEC Regulatory site: https://www.sec.gov/rules.shtml for information on proposed changes to financial rule
and markets.
36.
Department of
Transportation New and pending rules. https://www.transportation.gov/regulations/report-on-significant-rulemakings
37. USDA Regulatory actions: http://www.afdo.org/blog/7879271
38. 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
39.
Proposed “Regulatory Reform
Agenda”: https://www.reginfo.gov/public/jsp/Utilities/index.jsp
40.
Search and track all
Federal regulations at https://regulations.justia.com/
41.
Special filings this week: https://www.federalregister.gov/public-inspection/current
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