11/4/19
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 11/4/2019. Relaxing
energy-efficiency standards. Energy Conservation Program: Energy
Conservation Standards for General Service Incandescent Lamps Read it
and comment here: https://www.federalregister.gov/documents/2019/09/05/2019-18941/energy-conservation-program-energy-conservation-standards-for-general-service-incandescent-lamps
and read about it here: https://www.nytimes.com/2019/09/04/climate/trump-light-bulb-rollback.html
3. Closing
11/8/2019. USCIS Removal of 30- Day Processing Provision for Asylum
Applicant- Related Form I-765 Employment Authorization Applications. Comment here: https://www.regulations.gov/document?D=USCIS-2018-0001-0001 “This
rule change would allow DHS to take much longer to decide whether someone
seeking asylum should be issued a work permit, requiring asylum-seekers to
essentially survive on others’ charity while our government processes
paperwork,” Read more here: https://www.miamiherald.com/news/local/immigration/article235034052.html#storylink=cpy
4. Comments
due Nov. 18, 2019. Changes to how HUD calculates means-testing for public housing.
Proposed rule. “FR-6057-P-01 Housing Opportunity Through Modernization Act of
2016: Implementation of Sections 102, 103, and 104.” https://www.regulations.gov/document?D=HUD-2019-0078-0001.
Not much comment yet. Read more here: https://nahroblog.org/2019/09/16/new-hotma-provisions-to-be-implemented/#more-14008
5.
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
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.
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/
4. 10/28/2019.
Coming soon - Federal Banking Agencies propose rule
to amend swap margin rules. Big giveaway to banks. https://www.federalreserve.gov/newsevents/pressreleases/bcreg20191028a.htm, 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/
5.
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.nytimes.com/2019/11/02/us/trump-hhs-lgbtq-rule.html
6.
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
7.
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.
8.
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/
9.
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
10.
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
11.
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.
12.
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/
13. 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.
14. 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
15. 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/
16. 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
17. 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
18. 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
19. 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
20. 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
21.
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
22.
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/.
23.
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/
24. 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/
25. 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/.
2. 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
3. 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
4. 4/30/2016
Trump tightens asylum rules, will make immigrants pay fees to seek humanitarian
refuge, Presidential memorandum and proposed rule below. https://www.federalregister.gov/documents/2019/05/07/2019-09470/combating-high-nonimmigrant-overstay-rates
and notice of proposed rule-making (no comment period yet). https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=1653-AA78
https://www.texastribune.org/2019/04/30/trumps-new-asylum-rules-seek-fees-immigrants-bans-some-work-visas/
and https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Proposal_to_Replace_Duration_of_Status/
Section II - EPA, BUREAU OF RECLAMATION - ENVIRONMENT AND ENERGY
1. 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
you 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. Tongass
National Forest EPA site - proposal to open up Tongass National Forest to
logging, roads, etc. Not on regulations.gov yet. You have to download the documents to read them
but the first six pages of the first document confirm the intent. https://slate.com/news-and-politics/2019/08/trump-open-alaskas-tongass-national-forest-worlds-largest-remaining-temperate-rainforest-logging-mining.html?utm_source=fb&utm_medium=post&utm_campaign=Lands https://cdxnodengn.epa.gov/cdx-enepa-II/public/action/eis/details?eisId=277660 and Tongass development search
7. 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/
8. Posted
August 12, 2019.
Allowing more toxic substances. Notice. Certain New Chemicals or
Significant New Uses; Statements of Findings for June 2019 EPA
proposed significant new uses of toxic chemicals, including dissociates, used
in polyurethane. Comments not accepted. https://www.federalregister.gov/documents/2019/08/12/2019-17151/certain-new-chemicals-or-significant-new-uses-statements-of-findings-for-june-2019.
Read more here: http://blogs.edf.org/health/2019/08/08/trump-epa-caves-again-to-industry-demands-on-new-chemicals-and-workers-pay-the-price/
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: https://eplanning.blm.gov/epl-front-office/eplanning/nepa/nepa_register.do
Section III - CIVIL RIGHTS, TITLE IX, HEALTH, EDUCATION, FOOD,
BANKING, HOUSING and FCC
1.
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-inn ovation-waivers/
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/
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/
3.
General advice on comment on regulations,
includes a search tool: https://demcastusa.com/2019/10/03/how-to-public-comment-on-federal-regula tions/
4.
Discussion of regulations.gov ongoing and upcoming issues from
Yale Law and ABA http://yalejreg.com/nc/ and
for discussion of banking, commerce, and energy regulation – http://yalejreg.com/
5.
Department of Transportation. Employment - hours
of service - tracking trucking driver regulations: https://www.truckingoffice.com/blog/federal-dot-regulations-recent-changes-hours-service
6.
Employment law tracker: https://www.nelp.org/tracker/ Weekly
updates on Trump effects on labor. See also: https://tax.thomsonreuters.com/blog/dols-regulatory-to-do-list-tackles-flsa-fmla-and-work-visa-issues/
7.
Environmental regulation roundup: https://www.hcn.org/articles/department-of-interior-zinke-leaves-unfinished-business-at-the-interior-department/legal-status-of-interior-department-during-the-trump-administration
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
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/
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/
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
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
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
41.
Special filings this week: https://www.federalregister.gov/public-inspection/current
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