11/18/19
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 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
2. 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
3. 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/
4. 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/
5. 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
6. 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
7. 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
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.
Posted 11/1/2019. EPA misnamed "Strengthening Transparency
in Regulatory Science." Final Rule due in 2020. NY Times article: https://www.nytimes.com/2019/11/11/climate/epa-science-trump.html
and EPA pushback: https://www.epa.gov/newsreleases/new-york-times-several-glaring-inaccuracies-thats-fit-print. Rulemaking stage: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=2080-AA14
https://www.nrdc.org/onearth/epa-says-it-wants-scientific-transparency-what-it-really-wants-control-over-research
and https://www.seattletimes.com/nation-world/epa-to-tighten-limits-on-science-used-to-write-public-health-rules/.
Also https://www.lung.org/our-initiatives/healthy-air/outdoor/fighting-for-healthy-air/healthy-air-resources/epas-censoring-science-rule.html
and https://www.wired.com/story/the-epas-anti-science-transparency-rule-has-a-long-history/
and https://undark.org/2019/11/15/abstracts-epa-rule-transparency/
and https://www.washingtonpost.com/climate-environment/2019/11/12/epa-pushes-ahead-with-effort-restrict-science-it-uses-craft-regulations/
3. Comments due
1/12/2020. Proposed Rule from Homeland Security Department. Asylum Application,
Interview, and Employment Authorization for Applicants https://www.federalregister.gov/documents/2019/11/14/2019-24293/asylum-application-interview-and-employment-authorization-for-applicants
Read more here: https://www.aila.org/advo-media/agency-liaison/submit-feedback-notices-requests-for-comment/dhs-proposed-rule-employment-authorization-asylum: “ DHS proposed rule which would make
multiple changes to the regulations governing asylum applications and
eligibility for employment authorization based on a pending asylum application.
A table summarizing all of the proposed changes is included beginning on page
62394 of the notice of proposed rulemaking.” Read USCIS memo
here: https://www.aila.org/File/Related/19111302a.pdf/. https://www.regulations.gov/document?D=USCIS-2019-0011-0001
- read the footnotes
as a summary of Trump anti-immigrant actions. More: https://www.newsmax.com/newsfront/illegal-migrants-work-permits/2019/11/13/id/941516/ and https://www.cbsnews.com/news/new-trump-asylum-restriction-us-to-deny-work-permits-to-most-asylum-seekers-in-move-to-deter-migrant-border-crossers/?ftag=CNM-00-10aab4i
4.
Comments due 1/13/2019. EPA Proposed Rule. National Primary Drinking Water
Regulations: Lead and Copper Rule Revisions. https://www.regulations.gov/document?D=EPA-HQ-OW-2017-0300-0001.
Reduces the number of lead pipes that communities must replace Read more here:
"While the EPA argues that the new requirements, along with the 10-ppb
trigger, will reduce the levels of lead in drinking water, critics charge that
the changes do not go far enough, and that reducing the annual replacement rate
is wrong." https://www.gtlaw-environmentalandenergy.com/2019/10/articles/clean-water-act-2/after-flint-epas-new-lead-rule-proposal-may-not-satisfy-critics/
5.
Posted 11/15/2019. Agency Action Regarding the Exploratory Process for the Development of
an Advanced Nuclear Reactor Generic Environmental Impact Statement. Proposed
rule to fasttrack nuclear reactor development to be coming. No comments
accepted yet. https://www.regulations.gov/docket?D=NRC-2019-0226.
Read more - https://www.utilitydive.com/news/nrc-explores-streamlined-environmental-reviews-to-accelerate-advanced-react/567388/
6.
Update 11/11/2019.
Immigration-refugees. States have until 12/25/2019 to respond. https://www.pri.org/stories/2019-11-11/after-trump-order-states-scramble-say-they-will-receive-refugees From 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/
7.
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
8.
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
9. Closing 12/16/201. 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/.
10.
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
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. Overall policy and plan: https://www.epa.gov/newsreleases/epa-seeks-input-proposals-establish-clear-and-stable-regulatory-framework-coal
Read more below: https://www.gtlaw-environmentalandenergy.com/2019/11/articles/waste/coal-ash/is-the-clock-ticking-on-coal-ash-key-deadlines-and-takeaways-from-epas-recent-ccr-rule-revisions/
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
11.
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=IwAR0lZjN8 NLgDTKOhqdVgUsx8F83XXMcjIxVINfeJm22oWlQbJP5pilLHte0 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/
12.
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
13.
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
14.
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/
15.
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/
16.11/1/2019.
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/sites/default/files/hhs-grants-regulation-notice-of-nonenforcement.pdf
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
17. Posted
10/31/2019. DHS Notice - Action. 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
and
https://www.aila.org/advo-media/issues/all/featured-issue-border-processing-and-asylum
18.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.
19. 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/
20. 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
21.
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.
22. 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
23. 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
24. 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
25. 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
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/
and https://www.latimes.com/business/story/2019-10-04/hiltzik-trump-medicare and 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/
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/
2.
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 representative.
3.
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
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, NHTSA, and DOJ threaten
California Air Resources Board and automakers for auto-emissions standard,
politicizing EPA and DOJ in anti-environment move. NHTSA: https://www.regulations.gov/document?D=NHTSA-2018-0067-12444
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. Some good news: https://khn.org/morning-breakout/medicaid-expansion-becoming-more-politically-palata ble-as-link-to-obama-administration-fades-in-peoples-minds
/ 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-from-the-administration-congress-and-the-states/ https://www.kff.org/health-reform/fact-sheet/tracking-section-1332-state-inn ovation-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 immigration rules at several government
agencies - USCIS, DOJ, DOS: https://www.aila.org/advo-media/issues/all
and
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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