Rogan’s List for 04/20/2020

59 mins read

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.


(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.)
This week’s list – more border wall land grabs, Trump admin. using COVID-19 as cover to waive rules including EPA waiving pesticide regulations. Under “recent” I include some of these w/articles about them. COVID-19 makes the whole process a moving target. Also everything that was true last week is true this week except a lot of things closing 4/20/2020 –


Closing Soon 

1. Comments due 4/20/2020. Endangered Species; Marine Mammals; Seismic 

Survey Design and Impacts to Maternal Polar Bear Dens. Proposed rule. https://www.federalregister.gov/documents/2020/02/18/2020-03132/endangered-spec ies-marine-mammals-seismic-survey-design-and-impacts-to-maternal-polar-bear-dens Polar bears are already an endangered species. Environmental groups are starting to weigh in: https://defenders.org/newsroom/oil-and-polar-bears-dont-mix-trump-administration-a sks-public-review-peer-reviewed-polar. On CNN: https://www.cnn.com/2020/02/14/world/polar-bears-thinner-fewer-cubs-scn-trnd/ind ex.html 

2. Comments due 4/20/2020. Migratory Bird Hunting: Proposed 2020-21 

Frameworks for Migratory Bird Hunting Regulations. https://www.regulations.gov/document?D=FWS-HQ-MB-2019-0004-0008/ Follow-up measure to previous weakening of Migratory Bird Act. 

3. Comments due 4/20/2020. Notice, Dept. of State. Meetings: Concerning the 

Use of Digital Sequence Information of Genetic Resources https://www.regulations.gov/document?D=DOS-2020-0005-0001 

4. Comments due 4/20/2020. Immigration. Dept. of State Notice, Asylum. 

Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Relationship. State Dept. to require DNA testing of immigrants. 

https://www.regulations.gov/document?D=DOS-2020-0002-0001 “In order to access the USRAP through P-3, an applicant must have an Affidavit of Relationship (AOR) filed on his or her behalf by an eligible anchor. The AOR also informs the anchor that DNA evidence of all claimed parent-child relationships between the anchor relative and parents and/or unmarried children under 21 is required as a condition of access to P-3 processing; it further informs the anchor that the costs of DNA testing will be borne by the anchor or his or her family members who may apply for access to refugee processing, or their derivative beneficiaries, as the case may be. Successful applicants may be eligible for reimbursement of DNA test costs.” Read more: https://www.axios.com/immigrant-sponsor-dhs-public-benefits-c1111146-3498-449c-95 6a-84be1ea4d879.html 

5. Comments due 4/21/2020. Food Standards; General Principles and Food 

Standards Modernization; Reopening of the Comment Period . This is “re-opened” from 1996. When is milk “milk”? Hundreds of food categories open for revision. This is new, so not much comment yet. Comment here: https://www.regulations.gov/document?D=FDA-1995-N-0062-0016 FDA Reopens Comments on Proposed Rule to Modernize Food Standards of Identity. https://www.jdsupra.com/legalnews/fda-reopens-comments-on-proposed-rule-40814/ and https://www.foodnavigator-usa.com/Article/2019/09/02/Do-food-standards-of-identity -need-refreshing-FDA-to-hold-public-meeting# 

6. Comments extended to 4/22/2020. Simplifying Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs. https://www.federalregister.gov/documents/2020/03/23/2020-05979/simplifying-meal -service-and-monitoring-requirements-in-the-national-school-lunch-and-school Original proposal: https://www.regulations.gov/document?D=FNS-2019-0007-0001 Rollback of Michelle Obama’s school lunch nutrition guidelines. One of two proposals. Read more here and see below: https://www.latimes.com/world-nation/story/2020-01-17/rollback-proposed-for-michel le-obama-school-lunch-guidelines Comment on simplifying school lunches from a Dietitian who works at a NYC clinic that has a caseload of 1,800 WIC families. https://www.regulations.gov/document?D=FNS-2019-0007-9135 

7. Comments now due 4/22/2020 Streamlining Program Requirements and 

Improving Integrity in the Summer Food Service Program https://www.regulations.gov/document?D=FNS-2019-0034-0061 Read more: https://www.foodnavigator-usa.com/Article/2020/01/20/Public-health-advocates-push -back-against-USDA-proposals-to-simplify-school-meal-standards 

8. Comments due 4/23/2020. Natural gas, pipelines. The Federal Energy Regulatory 

Commission (FERC) has been implementing eminent domain allowances for private energy companies to complete/expand pipeline projects. One such proposal: Double E Pipeline, LLC; Notice of Availability of the Environmental Assessment for the Proposed Double E Pipeline Project Comment instructions on this page (at FERC website): https://www.federalregister.gov/documents/2020/03/30/2020-06560/double-e-pipelin e-llc-notice-of-availability-of-the-environmental-assessment-for-the-proposed-double 

Commissioner Richard Glick has been dissenting. https://www.ferc.gov/media/statements-speeches/glick/2020/01-30-20-glick-C-1.asp#. XoDn84hlBdg/ Comment here: https://ferconline.ferc.gov/QuickComment.aspx 

9. Comments due 4/23/2020. Rule. CDC/DHS/CPB using pandemic to ignore 

asylum law. Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons into United States from Designated Foreign Countries or Places for Public Health Purposes. Comment here: https://www.regulations.gov/document?D=CDC-2020-0033-0002.

Read more: Leaked Border Patrol Memo Tells Agents to Send Migrants Back Immediately — Ignoring Asylum Law.

https://www.propublica.org/article/leaked-border-patrol-memo-tells-agents-to-send-mi grants-back-immediately-ignoring-asylum-law

Senators response: https://www.govexec.com/management/2020/04/democratic-senators-demand-answer s-trumps-secretive-border-expulsions/164526/

Response 3/25/2020: Responding to the COVID-19 Crisis While Protecting Asylum Seekers (Updated March 25, “Far from being rooted in genuine concerns for public health, this new policy is just another attempt to shut down access to asylum at the border. Though nominally issued by the Centers for Disease Control and Prevention (CDC), the order relies heavily on unsubstantiated assertions made by the Department of Homeland Security (DHS) and Customs and Border Protection (CBP). It is predicated on the false assumption that the only possible alternative to turning away asylum-seekers is detaining them in unsafe, overcrowded border facilities for lengthy periods of time. In fact, CBP could instead expeditiously parole those seeking asylum into the United States, where the vast majority have ties to families, friends, or faith-based communities2020) “Far from being rooted in genuine concerns for public health, this new policy is just another attempt to shut down access to asylum at the border. Though nominally issued by the Centers for Disease Control and Prevention (CDC), the order relies heavily on unsubstantiated assertions made by the Department of Homeland Security (DHS) and Customs and Border Protection (CBP). It is predicated on the false assumption that the only possible alternative to turning away asylum-seekers is detaining them in unsafe, overcrowded border facilities for lengthy periods of time. In fact, CBP could instead expeditiously parole those seeking asylum into the United States, where the vast majority have ties to families, friends, or faith-based communities” https://docs.google.com/document/d/1hmQSRWR9xGEGLBy-6b2mstKvYgfGUpi0HQ9 LDa42deY/edit See American Immigration Lawyers Association updates: https://www.aila.org/advo-media/issues/all/covid-19 

10. Comments due 3/12/2020- still open for some reason. Proposed Rule. 

Extending Natural Gas Export Authorizations to Non-Free Trade Agreement Countries through the Year 2050. Extends LNG export authorizations to 2050 for dozens of corporations listed in the proposal. https://www.regulations.gov/document?D=PHMSA-2018-0025-0002 Read Earth Justice article: https://earthjustice.org/features/liquefied-natural-gas-lng-by-rail-tanker-car and Trump Administration Proposes Yet Another Handout to Fracked Gas Industry With Extension of LNG Export Licenses 

https://www.sierraclub.org/press-releases/2020/02/trump-administration-proposes-yet -another-handout-fracked-gas-industry. Read more https://www.gazettenet.com/Columnist-Johanna-Neumann-32789838 and sign petition: https://environmentamerica.webaction.org/p/dia/action4/common/public/?action_KE Y=36506 

11. Comments due 4/24/2020. Should Federal Union members be paid when testifying before Congress? Notice of Opportunity To Comment on a Request for a General Statement of Policy or Guidance on Official Time for Certain Lobbying Activities. https://www.federalregister.gov/documents/2020/03/25/2020-05992/notice-of-oppor tunity-to-comment-on-a-request-for-a-general-statement-of-policy-or-guidance-on . You may send comments, which must include the caption “National Right to Work Legal Defense Foundation (Petitioner), Case No. 0-PS-39,” by one of the following methods: Email: FedRegComments@flra.gov . Include “National Right to Work Legal Defense Foundation (Petitioner), Case No. 0-PS-39” in the subject line of the message. Mail or express mail: Emily Sloop, Chief, Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K Street NW, Washington, DC 20424-0001. Read more: https://www.fedsmith.com/2020/03/25/should-federal-union-officials-paid-lobby-cong ress/ and https://www.fedweek.com/fedweek/flra-considers-further-restrictions-on-official-time/ and https://www.afge.org/article/flras-new-move-against-official-time-puts-lives-at-risk 

12. Comments period now extended to 5/20/2020. Coal Ash disposal is back. 

Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Federal CCR Permit Program. Comment here: https://www.regulations.gov/document?D=EPA-HQ-OLEM-2019-0361-0001 Read more: “Only “high hazard” CCR units will be subject to immediate compliance deadlines under a newly proposed Environmental Protection Agency (EPA) rule that revises federal permit requirements for the management of coal combustion residuals (CCRs) at power plants. If finalized, the rule will apply to all coal facilities in Indian country and the 48 U.S. states that have not yet submitted state programs for the EPA’s approval.” https://www.powermag.com/epa-overrides-subpart-d-in-newly-proposed-federal-coal-a sh-permitting-rule/ https://www.mondaq.com/unitedstates/Environment/899816/Coal-Ash-Rule-Update-E PA39s-Proposed-Federal-Permit-Program and https://www.steptoe.com/en/news-publications/coal-ash-rule-update-epas-proposed-fe deral-permit-program.html?utm_source=Mondaq&utm_medium=syndication&utm_ca mpaign=LinkedIn-integration; https://www.scsengineers.com/epa-update-coal-combustion-residuals-ccr/ 

13. 4/15/2020. Denial of request for extension of comment period. Traveling by Air with Service Animals. Does not include emotional support animals as service animals. “While the Department recognizes that COVID-19 has disrupted the lives of many Americans, the Department finds that the strong interest in the timely issuance of this priority rulemaking outweighs the need to provide the public with additional time to comment.You can comment on the denial here (no deadline posted): https://www.regulations.gov/document?D=DOT-OST-2018-0068-20292 

14. Comments due 4/29/2020. Port Arthur LNG Phase II, LLC; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations. https://www.federalregister.gov/documents/2020/03/30/2020-06512/port-arthur-lng- phase-ii-llc-application-for-long-term-multi-contract-authorization-to-export Background: Energy Department approves multiple LNG orders. Notice of Orders Issued Under Section 3 of the Natural Gas Act During February 2020 https://www.federalregister.gov/documents/2020/03/30/2020-06511/notice-of-orders- issued-under-section-3-of-the-natural-gas-act-during-february-2020

15.Comments due 4/28/2020. Dept. of Transportation. Defining Unfair or Deceptive Practices. https://www.regulations.gov/document?D=DOT-OST-2019-0182-0016. Read more: Critics: Airlines’ proposed would make regulation harder. “Consumer advocates are complaining that a regulation proposed by the U.S. Department of Transportation _ at the airline industry’s urging _ would make it harder to penalize airlines for bad behavior and to adopt new rules that protect travelers.” https://www.texarkanagazette.com/news/national/story/2020/feb/29/critics-airlines-pr oposed-would-make-regulation-harder/818761/ 

16. Comments due 4/28/2020. EPA seeks comment on a toxic chemical. Notice. 

Trichloroethylene; Draft Toxic Substances Control Act (TSCA) Risk Evaluation and TSCA Science Advisory Committee on Chemicals (SACC) Meetings; Notice of Availability, Public Meetings, and Request for Comment. https://www.regulations.gov/document?D=EPA-HQ-OPPT-2019-0500-0001 Great background article from Reveal News: EPA scientists found a toxic chemical damages fetal hearts. The Trump White House rewrote their assessment. https://www.revealnews.org/article/epa-scientists-found-a-toxic-chemical-damages-feta l-hearts-the-trump-white-house-rewrote-their-assessment/ More on TSCA: https://chemicalwatch.com/99822/tsca-new-chemicals-backlog-epa-considers-unilatera l-orders#overlay-strip 

17. Comments due 4/30/2020. Invitation to comment on the whole regulatory process. 

Meetings: Modernizing Services for Regulation Management, https://www.regulations.gov/document?D=GSA-GSA-2019-0002-0025. “GSA’s Office of Regulation Management, within OGP, is interested in conducting a dialogue with the public, including industry, special interest groups, academia, researchers, and individuals about challenges and opportunities related to the modernization of the Electronic Rulemaking Management process. The dialogue begins with this public notice and request for comment.” I would ask that they make titles informative. Sometimes “information collections” have huge ramifications; sometimes they don’t. Titles should indicate what the content is. 

18. Comments due 5/1/2020 Notice. EPA pushing back deadline by five years for National Pollution Discharge system reporting and compliance. National Pollutant Discharge Elimination System (NPDES) 2020 Issuance of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity Comment here: https://www.regulations.gov/document?D=EPA-HQ-OW-2019-0372-0001 https://www.federalregister.gov/documents/2020/03/02/2020-04254/national-polluta nt-discharge-elimination-system-npdes-2020-issuance-of-the-multi-sector-general “The proposed permit, once finalized, will replace the EPA’s existing MSGP that will expire on June 4, 2020. The EPA proposes to issue this permit for five (5) years, and to provide permit coverage to eligible operators in all areas of the country where the EPA is the NPDES permitting authority, including Idaho, Massachusetts, New Hampshire, and New Mexico, Indian country lands, Puerto Rico, the District of Columbia, and most U.S. territories and protectorates.” 


Recent 

1. New Regulations.gov beta site – is easier to read but not as functional, as of 

March 2020. https://beta.regulations.gov/ 

2. COVID-19 Update: Charts/graphs from Skopos Labs showing legislative and regulatory response to COVID-19-updated daily- useful resource and overview: https://coronavirus.skoposlabs.com/ Regulations are toward the bottom. Also see all pending regulatory “requests for information open for comment” here: https://www.reginfo.gov/public/do/PRAMain 

3. Federal COVID-19 responses in the news. Many actions are policy decisions not posted on regulations.gov. Note: Trump administration has posted 692 COVID-19-related notices and proposals in the last 30 days. You can review them here: https://w8w.regulations.gov/searchResults?rpp=25&po=0&s=COVID-19&dct=PR%2B N%2BFR%2BO&np=30 

April 14, 2020 Giving Away Our Lands as Americans Shelter in Place Getting around regulatory requirements. Joshua Axelrod “While the public is terrified, grieving, and distracted by a worldwide health emergency and economic collapse, the U.S. government is taking the opportunity to sell our public lands at rock bottom prices.” https://www.nrdc.org/experts/josh-axelrod/test and https://www.wilderness.org/news/press-release/using-pandemic-cover-trump-und ercuts-conservation-rules March sales here: https://www.energynet.com/page/Government_Sales_Results 

4/17/2020. Why Is Trump Gutting Regulations That Save Lives? Smart safeguards, designed by specialists, protect public health and safety. Cass R. Sunstein https://www.nytimes.com/2020/04/17/opinion/coronavirus-trump-regulations.ht ml?referringSource=articleShare 

4/18/2020. White House moves to weaken EPA rule on toxic compounds ” [Delaware Sen. Tom] Carper wrote to EPA Administrator Andrew Wheeler on Friday to object to the White House push for weakening of the rule, newly revealed in the documents. Carper said it appeared that Beck, who was moved to the White House from a top regulatory job at the Trump EPA, “sought to make it more difficult for EPA to use its authority … to protect Americans from these harmful substances.’ ” https://www.columbiadailyherald.com/news/20200418/white-house-moves-to-we aken-epa-rule-on-toxic-compounds See EPA Announces Enforcement Discretion Policy for COVID-19 Pandemic https://www.epa.gov/newsreleases/epa-announces-enforcement-discretion-policy-c ovid-19-pandemic Read more: https://www.environmentalleader.com/2020/03/epa-pollution-rules-pandemic/ and https://environmentamerica.org/news/ame/more-dozen-attorneys-general-deman d-epa-rescind-pandemic-polluter-policy and https://yubanet.com/world/covid-19-environmental-roll-back-irrational-and-irresp onsible-rights-expert/ 

● 4/17/2020 VA Instructs Coronavirus-Exposed Staff to Continue Working, Places Those Who Don’t in AWOL Status “This is the absolute worst-case scenario of anything I have ever experienced in my nursing career,” according to one registered nurse.” https://www.govexec.com/workforce/2020/04/va-instructs-coronavirus-exposed-s taff-continue-working-places-those-who-dont-awol-status/164693/ 

4/16/2020 OSHA and Worker Safety during pandemic. Millions of Essential Workers Are Being Left Out of COVID-19 Workplace Safety Protections, Thanks to OSHA https://www.propublica.org/article/millions-of-essential-workers-are-being-left-ou t-of-covid-19-workplace-safety-protections-thanks-to-osha and https://www.govexec.com/workforce/2020/04/millions-essential-workers-are-bein g-left-out-covid-19-workplace-safety-protections-thanks-osha/164701/ 

4. Comments due 5/11/2020. Notice: Agency Information Collection Activities; Revision of a Currently Approved Collection: Affidavit of Support Under Section 213A of the Act. Extension of previous comment period. USCIS wants sponsors to provide bank information. https://www.regulations.gov/document?D=USCIS-2007-0029-0111 Read more: https://www.axios.com/immigrant-sponsor-dhs-public-benefits-c1111146-3498-449c-9 56a-84be1ea4d879.html. See American Immigration Lawyers Association comment here: https://www.aila.org/infonet/aila-comments–proposed-revisions-forms 

5. Comments due 5/18/2020. EPA. Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses. https://www.regulations.gov/document?D=EPA-HQ-OPP-2020-0060-0001 Includes Glyphosate among other pesticides. 

6. Comments due 5/15/2020. Interim Final Rule. (Faith-based organizations receiving CARES Act funding.) Business Loan Program Temporary Changes: Paycheck Protection Program Allows SBA loans to religious organizations under the CARES Act. “All loans guaranteed by the SBA pursuant to the CARES Act will be made consistent with constitutional, statutory, and regulatory protections for religious liberty, including the First Amendment to the Constitution, the Religious Freedom Restoration Act, 42 U.S.C. 2000bb-1 and bb-3, and SBA regulation at 13 CFR 113.3-1h, which provides that nothing in SBA nondiscrimination regulations shall apply to a religious corporation, association, educational institution or society with respect to the membership or the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its religious activities. SBA intends to promptly issue additional guidance with regard to religious liberty protections under this program.” https://www.regulations.gov/document?D=SBA-2020-0015-0001 

7. Comments due 6/15/2020. Management of Acute and Chronic Pain: Request for Comment https://www.regulations.gov/document?D=CDC-2020-0029-0001 CDC seeking comment on using opiods for pain. Article about here: https://www.painnewsnetwork.org/stories/2020/4/19/cdc-seeking-comment-from-pai n-stakeholders 

8. Comments due 5/11 /2020. Mercury and Air Toxics Standards for Power Plants Electronic Reporting Revisions. https://www.regulations.gov/document?D=EPA-HQ-OAR-2018-0794-4416. Read more: https://environment.yale.edu/news/article/epa-rollback-of-mercury-rule-relies-on-flaw ed-analysis-yale-economist-asserts/ and https://science.sciencemag.org/content/early/2020/04/08/science.aba7932. “the proposed EPA roll back is “seriously flawed.” The authors argue that the analysis disregards public health benefits, recent scientific findings, and transformative change in the electric sector over the past decade https://www.environmentalleader.com/2020/03/epa-pollution-rules-pandemic/ 

9. Posted 4/15/2020. Homeland Security Notice, border wall. Comments not accepted. 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.” https://www.regulations.gov/document?D=DHS-2020-0016-0001. Read more: Trump Ramps Up Border Wall Land Grabs Amid Pandemic Lockdowns https://www.ozy.com/news-and-politics/trump-ramps-up-border-wall-land-grabs-ami d-pandemic-lockdowns/309145/ and 

https://www.govexec.com/management/2020/04/border-wall-construction-continues- during-coronavirus-pandemic/164609/ “Filed Wednesday, the new waivers would allow for construction of physical barriers and walls without the formal environmental studies and other procedural steps typical of this type of construction along the border.” https://www.valleymorningstar.com/2020/04/15/more-wall-waivers-filed-for-starr/ 

10. Comments due June 1, 2020. Revisions in Response to the COVID-19 Public Health Emergency CMS-1744-IFC Display. Involves loosening some regulations, allowing telehealth, fee schedules, and more. https://www.regulations.gov/document?D=CMS-2020-0032-0013 Read more: https://www.healthcaredive.com/news/dorm-rooms-as-hospitals-er-telehealth-cms-cre ates-unprecedented-flexibi/575174/ 

11. Comments due 6/7/2020. Federal Wildlife Refuges Proposed Rule. 

2020-2021 Station-Specific Hunting and Sport Fishing Regulations. Opens National Wildlife Refuges to sport hunting and fishing. https://www.regulations.gov/document?D=FWS-HQ-NWRS-2020-0013-0001 Docket ID: FWS-HQ-NWRS-2020-0013-0001. Article about – https://www.independent.co.uk/environment/trump-hunting-wildlife-reserve-environ ment-animals-refuge-fish-a9460196.html and https://www.oregonlive.com/pacific-northwest-news/2020/04/massive-hunting-fishin g-expansion-would-open-up-oregon-wildlife-refuges.html 

12. Comments due 6/9/20202. Good news. EPA Notice. Recent Specifications 

Review and Request for Information on WaterSense Program. https://www.regulations.gov/document?D=EPA-HQ-OW-2020-0026-0001. No changes to toilet and faucet standards despite Trump criticism https://www.cnn.com/2020/04/07/politics/epa-trump-water-toilet-faucet/index.html 

13. Comments due 7/20/2020. Proposed Rule, Nuclear Regulatory Commission. 

Transfer of Very Low-Level Waste to Exempt Persons for Disposal. https://www.regulations.gov/document?D=NRC-2020-0065-0001 Allow waste in landfills. Read more: https://ens-newswire.com/2020/04/08/low-level-radioactive-waste-could-go-to-local-l andfills/ and https://thehill.com/policy/energy-environment/490988-advocates-raise-questions-abo ut-proposal-to-allow-some-nuclear 

14. COVID-19 Regulatory Updates; Proposed/Amended Regulations follow these articles. Under the Virus’s Cloak, Trump Pursues Long-Sought Policies. Across multiple agencies. https://www.nytimes.com/2020/03/20/us/politics/trump-virus-conservative-policies. html?smid=fb-share and https://thehill.com/policy/energy-environment/489128-oil-industry-group-asks-trump -administration-to-lessen-regulations 

15. 3/20/2020, the Pipeline and Hazardous Materials Safety Administration 

(PHMSA) issued a Notice of Stay of Enforcement and Notice of Enforcement Discretion to Operators Affected by the Coronavirus (COVID-19) Outbreak (Notice). The Notice is addressed to operators of gas pipelines, hazardous liquid pipelines, and liquefied natural gas (LNG) facilities and applies to operators faced with limited resources as a result of the President’s March 13 Declaration of a National Emergency Relating to the Novel Coronavirus Disease Outbreak (National Emergency). The Notice is effective immediately until further notice or modification by PHMSA. In addition, on March 19, PHMSA issued Guidance to State Partners Regarding COVID-19 (Guidance) describing recommended actions for PHMSA’s State Partners and identifying PHMSA’s planned actions for State programs. Notice of Stay of Enforcement and Notice of Enforcement Discretion. Read it here: https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-03/PHMSA%20Notice%2 0on%20Enforcement.pdf Read more: https://www.natlawreview.com/article/pipeline-safety-update-issue-no-156 “PHMSA’s Notice recognizes that, because of limited personnel resources and the need to meet operational and maintenance needs, pipeline operators may not be able to fully comply with federal pipeline safety regulations related to operator qualification (OQ), control room management (CRM), and drug testing requirements.” 

16. 3/27/2020. Labor. Immigration Services Agency Seeks to Suspend 

Bargaining With Union Amid Coronavirus Outbreak. “Wednesday, USCIS Labor and Employee Relations Chief Judy McLaughlin responded by proposing to suspend all post-implementation bargaining related to any agency actions taken in response to the coronavirus outbreak.” Includes suspending worker protections. https://www.govexec.com/management/2020/03/immigration-services-agency-seeks- suspend-bargaining-union-amid-coronavirus-outbreak/164182/ 

17. Comments due 5/21/2020. Human Exposure to Radiofrequency 

Electromagnetic Fields -proposed rule on radio-frequency exposure and new wireless technology. Involves bandwidth, distances from devices, RF limits of exposure, and other issues. https://www.federalregister.gov/documents/2020/04/06/2020-06966/hu man-exposure-to-radiofrequency-electromagnetic-fieldsIn this document, the Federal Communications Commission (Commission) seeks comment on expanding the range of frequencies for which its radiofrequency (RF) exposure limits apply; on applying localized exposure limits above 6 GHz in parallel to the localized exposure limits already established below 6 GHz; on specifying the conditions and methods for averaging the RF exposure, in both time and area, during evaluation for compliance with the RF exposure limits in the rules; on addressing new RF exposure issues raised by wireless power transfer (WPT) devices; and on the definition of a WPT device.” 

18. 4/1/2020. Notice of proposed rulemaking. Locatable Minerals. Comment period not available yet. Concerns rules governing mining in national forests. “These rules and procedures govern prospecting, exploration, development, mining, and processing operations conducted on National Forest System lands authorized by U.S. mining laws, subsequent reclamation of the land, and any necessary long-term post-closure resource management.” Read it here: https://www.federalregister.gov/documents/2020/04/01/2020-06791/locatable-miner also Read more: https://www.spglobal.com/marketintelligence/en/news-insights/latest-news-headlines /us-forest-service-reviewing-environmental-impacts-of-changing-mine-rules-57844292 

19. Comments due 8/1/2020. Solicitation of Input From Stakeholders on Agricultural Innovations Goal: to increase U.S. agricultural production by 40%. “United States Department of Agriculture (USDA) seeks written stakeholder input on objectives and opportunities leading to research goals and informed product goals to facilitate transformative breakthroughs to enable U.S. agriculture to meet the Department’s goal to increase agricultural production by 40 percent to meet the needs of the global population in 2050 while cutting the environmental footprint of U.S. agriculture in half.” From genetic engineering and automation to use of data and digital resources. https://www.federalregister.gov/documents/2020/04/01/2020-06825/solicitation-of-i nput-from-stakeholders-on-agricultural-innovations 

20. Comments due 5/29/2020. National-Environmental Policy Act. NEPA questionnaire. The Environmental Questionnaire and Checklist (EQC) provides federal financial assistance applicants and DOC staff with a tool to ensure that the necessary project and environmental information is obtained. The EQC was developed to collect data concerning potential environmental impacts that the applicant for federal financial assistance possesses and to transmit that information to the Federal reviewer. Consider recent NEPA proposed rule revising national environment policy in crafting your comment (posted in previous versions of this list mid Jan-Feb 2020. https://www.federalregister.gov/documents/2020/03/30/2020-06543/renewal-of-cur rently-approved-information-collection-comment-request-the-environmental-question naire 

21. 3/30/2020 Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures. No comment – regarding face masks, ventilators, PPE etc. https://www.federalregister.gov/documents/2020/03/30/2020-06641/notice-of-desig nation-of-scarce-materials-or-threatened-materials 

22. USCIS and Coronavirus. American Immigration Lawyers Association – AILA is actively engaging with government agencies to obtain the latest information and guidance on how agencies will operate in response to COVID-19. Updates will be posted below as they become available. Resource Center: https://www.aila.org/advo-media/issues/all/covid-19 

23. Comments due 6/25/2020. Request for Comments on Additional Modifications to the 301 Action to Address COVID-19: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. Comment here: Allows exemption of medical equipment from trade duties imposed on China earlier in the Trump administration.”Each comment specifically must identify the particular product of concern and explain precisely how the product relates to the response to the COVID-19 outbreak. For example, the comment may address whether a product is directly used to treat COVID-19 or to limit the outbreak, and/or whether the product is used in the production of needed medical-care products. ” https://www.regulations.gov/document?D=USTR-2020-0014-0001 

24. Posted 3/18/2020. Guidance – allows comments. FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic; Guidance for Industry, Investigators, and Institutional Review Boards https://www.regulations.gov/document?D=FDA-2020-D-1106-0002 Sets up parameters and standards for COVID-19 in clinical trials. https://www.veristat.com/blog/regulatory-review-covid-19-fda-guidance 

25. Comments due 5/26/2020. As a result of wide-market swings, SEC imposes market-wide circuit breakers. Market Data Infrastructure. Read it here: Use the Commission’s internet comment form (http://www.sec.gov/rules/proposed.shtml); or Send an email to rule-comments@sec.gov. Please include File Number S7-03-20 on the subject line. Read it here: https://www.regulations.gov/document?D=SEC-2020-0431-0001 and read more here: https://www.jdsupra.com/legalnews/preparing-for-market-disruption-circuit-72465/ 

26. Comments due 5/18/2020. Corollary to the original Trump proposal to put work requirements on SNAP recipients. Employment and Training Opportunities in the Supplemental Nutrition Assistance Program. https://www.regulations.gov/document?D=FNS-2019-0008-0001

Read more: https://www.politico.com/newsletters/morning-agriculture/2020/03/06/usda-tightens -job-training-for-food-stamp-recipients-785915https://www.usatoday.com/story/news/politics/2019/07/23/trump-administration-fo od-stamp-proposal-may-remove-3-million/1803077001/ It was blocked in the courts: https://www.forbes.com/sites/tommytobin/2020/03/17/federal-judge-finds-food-stam p-restrictions-likely-unlawful-and-blocks-implementation/#77a133136439

Supposedly, the Families First Coronavirus Response Act passed in the house waives the work requirement temporarily: https://www.cnbc.com/2020/03/17/what-the-government-is-doing-in-response-to-the -coronavirus-pandemic.html Also see https://civileats.com/2020/04/13/what-more-states-allowing-snap-recipients-to-buy-f ood-online-means-for-food-security/ 

27. 3/21/2020 Department of Justice seeks new emergency powers amid coronavirus pandemic. Letter to Congress. Action: write your representatives. https://www.politico.com/news/2020/03/21/doj-coronavirus-emergency-powers-1400 23 “Documents reviewed by POLITICO detail the department’s requests to lawmakers on a host of topics, including the statute of limitations, asylum and the way court hearings are conducted. ” 

28.3/13/2020. Coronavirus testing won’t count against immigrants trying to get green cards, feds say. Read more here: https://www.miamiherald.com/news/local/immigration/article241196746. html#storylink=cpy Alert: USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus Disease 2019 (COVID-19) (fever, cough, shortness of breath) to seek necessary medical treatment or preventive services. Such treatment or preventive services will not negatively affect any alien as part of a future Public Charge analysis. ” https://www.uscis.gov/greencard/public-charge 

29.3/2/2020. Policy. Comments open – no deadline posted. Policy for Diagnostics Testing in Laboratories Certified to Perform High Complexity Testing under CLIA prior to Emergency Use Authorization for Coronavirus Disease-2019 during the Public Health Emergency Immediately in Effect Guidance for Clinical Laboratories and Food and Drug Administration Staff. Open for comments – deadline not posted. Interesting comments so far. https://www.regulations.gov/document?D=FDA-2020-D-0987-0012 and https://www.regulations.gov/document?D=FDA-2020-D-0987-0009

30.3/5/2020. Census – Requests for nominations to two committees. Request for Nominations of Members To Serve on the National Advisory Committee on Racial, Ethnic, and Other Populations. Nominations must be received on or before August 1, 2020. https://www.federalregister.gov/documents/2020/03/05/2020-04556/request-for-no minations-of-members-to-serve-on-the-national-advisory-committee-on-racial-ethnic-and and https://www.federalregister.gov/documents/2020/03/05/2020-04552/request-or-no minations-of-members-to-serve-on-the-census-scientific-advisory-committee 

31. 2/26/2020. Justice Dept. Establishes Office to Denaturalize Immigrants. 

From DOJ site – no comments: https://www.justice.gov/opa/pr/department-justice-creates-section-dedicated-denatur alization-cases. Read more: https://www.nytimes.com/2020/02/26/us/politics/denaturalization-immigrants-justic e-department.html and for background: https://www.aila.org/advo-media/issues/all/featured-issue-denaturalization-efforts-by -uscis 

32. 2/24/2020. USCIS Hiring Freeze on non-asylum Immigration Officers. Not posted in Federal Register. https://www.govexec.com/workforce/2020/02/trump-freezes-hiring-immigrant-servic es/163282/ 

33.Posted 3/31/2020. DOT-OST-2020-0023-0002. Dept. of Transportation; Potential anti-environmental implications. Regional Infrastructure Accelerator Program. “(1) What would be an effective form of the accelerator that could influence the development of infrastructure projects, and what type of structure and authority would be required for the establishment of a regional accelerator? Are there examples of such entities from around the country and abroad, or in other sectors that could be used as a model for the Program? (2) What barriers such as regulatory, technical and institutional (public or private) would hinder implementation? What authority should the accelerator(s) have to effectively carry out its mission? “ They only want comments from people with a “role as well as knowledge and experience in developing or delivering such programs.” Comment here: https://www.regulations.gov/document?D=DOT-OST-2020-0023-0002 

34.Comments due 4/28/2020. Notice. Agency Information Collection Activities: 

Proposed Collection; Comment Request; Submission for OMB Review; Comment Request; Debt Collection Financial Statement. FEMA Debt Collection. Seemingly innocuous but see CA Legislators response. https://www.regulations.gov/document?D=FEMA-2019-0004-0002

California lawmakers propose to ban FEMA from asking victims for money back https://www.mercurynews.com/2020/02/26/lawmakers-propose-to-ban-fema-from-as king-victims-for-money-back/ 

35. Posted 2/20/2020. Waiving laws for the border wall- Homeland Security. Notice. Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended. Comments not accepted. https://www.regulations.gov/document?D=DHS_FRDOC_0001-1854

Read synopsis: https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/dhs-w aives-contract-laws-in-border-wall-push and https://fcw.com/articles/2020/02/18/dhs-waives-border-wall-wolf.aspx

“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 San Diego County, California, Imperial County, California, Yuma County, Arizona, Pima County, Arizona, Santa Cruz County, Arizona, Cochise County, Arizona, Luna County, New Mexico, Doña Ana County, New Mexico, El Paso County, Texas, Val Verde County, Texas, and Maverick County, Texas.” 

36. 2/6/2020. CMS announces new state Medicaid Block grants. 

https://www.cms.gov/newsroom/fact-sheets/healthy-adult-opportunity-fact-sheet?eTy pe=EmailBlastContent&eId=848785ed-4874-4511-b471-21aecc6d7476

Seen as an attempt to divert funds. The Trump Administration’s Medicaid Block Grant Guidance: Frequently Asked Questions https://www.cbpp.org/research/health/the-trump-administrations-medicaid-block-gra nt-guidance-frequently-asked-questions and Trump Administration’s Harmful Changes to Medicaid https://www.cbpp.org/research/health/trump-administrations-harmful-changes-to-me dicaid See also “Trump’s Medicaid Chief Labels Medicaid ‘Mediocre.’ Is It? https://khn.org/news/trumps-medicaid-chief-labels-medicaid-mediocre-is-it/ 

37. Comments due 10/09/2020. Status review. Review of Endangered Species Act, includes plants, birds, animals. “Endangered and Threatened Species: Review of Domestic and Foreign Species that are Candidates for Listing as Endangered or Threatened, etc.” Review of species included in endangered species list. https://www.regulations.gov/document?D=FWS-HQ-ES-2019-0009-0001 With a focus on birds, read this commentary: “A New Bill Aims to Counter the Rollback of a Bedrock Bird Law.” a-new-bill-aims-counter-rollback-bedrock-bird-law 

38. Comments extended to 6/30/2020. Extension of Comment Period for the Port Access Route Study: Alaskan Arctic Coast. https://www.regulations.gov/document?D=USCG-2018-1058-0022 “The Coast Guard is initiating the study to analyze current vessel patterns, predict future vessel needs, and balance the needs of all waterway users by developing and recommending vessel routing measures for the Arctic.” Needless to say, with a melting Arctic and opening up lands for fossil fuel extraction, this proposed rule should receive more comment.

Thorough discussion from Friends of the Earth – affiliated website: https://www.arcticpars.org/arcticpars 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. 

39. 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-improvin g-medicare-nations-seniors/ When it is a proposed rule, will be posted here. Read more: https://www.latimes.com/business/story/2019-10-04/hiltzik-trump-medicare; https://khn.org/news/trump-speech-offers-dizzying-preview-of-his-health-care-campai gn-strategy/


Section I – ICE, DHS, DOL, NLRB 

1. 1/4/2020. DHS, USCIS, CBP, ICE Share Data With Census After Trump’s 

Executive Order https://www.npr.org/2020/01/04/793325772/to-produce-citizenship-data-homeland-se curity-to-share-records-with-census DHS web post: https://www.dhs.gov/publication/dhsallpia-079-department-homeland-security-dhs-im migration-related-information-sharing 

2. The Outlook On Immigration In 2020: Important article from Forbes. 

https://www.forbes.com/sites/stuartanderson/2020/01/06/the-outlook-on-immigration -in-2020/#1b0ee3143abd 

3. Proposed regulation on specialized knowledge and H-1B visas. Strengthening the L-1 Nonimmigrant Classification https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=1615-AC45 H-4 EAD: March 2020 is the target date for a proposed rule to rescind an existing regulation that allows many spouses of H-1B visa holders (H-4s) to work on employment authorization documents (EADs). The administration cited such a rule in response to a lawsuit. If the rule is published, expect many comments, which will delay publication of a final rule, and litigation that seeks an injunction to block the regulation should it become final. (See here for additional background. https://www.nafsa.org/professional-resources/browse-by-interest/compilation-agency-i nitiatives-unified-agenda-regulatory-and-deregulatory)

See agenda here: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=1615-AC15

Here is the Notice Registration Requirement for Petitioners Seeking To File H- 1B Petitions on Behalf of Cap- Subject Aliens No comments accepted https://www.regulations.gov/document?D=USCIS-2019-0014-0001 AILA article on this new process: https://www.aila.org/advo-media/issues/all/h1b-registration-tool 

4. 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-nation al-alien. Write your representative. 


Section II – EPA, BUREAU OF RECLAMATION – ENVIRONMENT AND ENERGY 

1. 2/12/2020. Trump’s EPA Safe car emissions failure. How Trump Boxed the EPA Out of a Major Climate Regulation Rollback. The Trump administration’s attempt to kill one of America’s strongest climate policies has been a complete debacle. https://www.govexec.com/oversight/2020/02/how-trump-boxed-epa-out-major-climat e-regulation-rollback/163062/ 

2. 2/5/2020. Utah Federal Lands: Bear Ears National Monument and Grand Staircase Escalante – shrinking national monuments. Bureau of Land Management published blueprint. Due to earthquake and COVID-19 Emergency, the office is close. But there is an artist deadline (!) https://www.blm.gov/get-involved/artist-in-residence/air-sites

Petition link below. https://www.blm.gov/press-release/blm-restores-access-blueprint-managing-national- monuments-and-public-lands-utah. “A plan that permits mining, drilling, and grazing on previously protected national monuments in Utah. In December 2017, President Trump shrank two national monuments in Utah, the Bear Ears National Monument and Grand Staircase Escalante, by 85 percent and 46 percent respectively. These monuments were of historical and cultural significance to many communities, especially Native American nations and scientists. Simultaneously, they also harbored valuable coal, oil, gas, and grazing lands. According to New York Times, together, these moves were the largest rollback of public lands protection in U.S. history. On 6th February 2020, the Department of Interior published blueprints that finalized plans to allow mining, drilling, and grazing on these previously protected lands.” https://www.brookings.edu/interactives/tracking-deregulation-in-the-trump-era/

Read more from NRDC: 

https://www.nrdc.org/onearth/shrinking-bears-ears-and-grand-staircase-escalante-tru mps-monumental-mistake. Take Action: https://act.nrdc.org/letter/4682-national-monuments-200207?source=WBSNMOPET &_ga=2.141382834.1818402474.1581882207-1860121897.1581882207 

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?methodN ame=renderDefaultPlanOrProjectSite&projectId=117408

Read more here: https://www.americanprogress.org/issues/green/reports/2019/09/10/474256/vast-liq uidation-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.ht ml 

4. Update 3/26/2020: EPA watchdog to review pollution plans after threat to withhold California highway funding. https://thehill.com/policy/energy-environment/489746-eps-watchdog-to-review-pollut ion-plans-at-center-of-agency-threat

Previous history: California to consider zero-emissions vehicles. https://www.greencarcongress.com/2019/12/20191223-carbzev.htm. 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-antitrus t-probe-of-automakers-over-their-fuel-efficiency-deal-with-california/2019/09/06/29a 22ee6-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-pro gram-rule-federal-preemption-state-fuel and https://www.nhtsa.gov/corporate-average-fuel-economy/safe and https://www.nhtsa.gov/document/safe-vehicles-rule-part-1-fr-notice-09192019

Comment email addresses for EPA officials by area: Email addresses for EPA https://www.epa.gov/dockets/where-send-comments-epa-dockets#regional 

5. 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-nati onal-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/ 

6. Posted February 2020. Allowing more toxic substances. Notice. Certain New Chemicals or Significant New Uses; EPA proposed significant new uses of toxic chemicals. Comments due 3/25/2020. https://www.federalregister.gov/documents/2020/02/24/2020-02892/significant-new -use-rules-on-certain-chemical-substances-20-2b . 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#ov erlay-strip 

7. 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-opportu nities/ 

8. 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=tr ue&ns=true 

9. 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-und erground-miners-to-diesel-exhaust Update – “The comment period for the request for information, published on June 8, 2016 (81 FR 36826), which was scheduled to close on March 26, 2019 (58 FR 12904) is extended. An important comment here: https://www.regulations.gov/document?D=MSHA-2014-0031-0180 “This reopened RFI takes into account information originally gathered and shared from NIOSH, NCI, and the International Agency for Research on Cancer (IARC) which shows a correlation to exposure to diesel exhaust, a classified human carcinogen, and negative impact on miners health (Exposure of Underground Miners to Diesel Exhaust, 81 Fed. Reg. 110, 36826-36827 (June 8, 2016). On page 36827, stakeholders, MSHA, and the Diesel Exhaust Health Effects Partnership (Partnership) decided that more research and complex questions needed to be gathered and answered before allowing miners to continue working in DPM in the air. Potential for new technology and stricter standards That are in compliance with EPA DPM standards. “https://www.regulations.gov/document?D=MSHA-2014-0031-0182 And this study: https://www.cancer.gov/news-events/press-releases/2012/DieselMinersPressRelease 

10. 2019 BLM oil and gas lease sales – still for sale. 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.pl

See the calendar of government leases sales here: https://www.energynet.com/calendar.pl 

11. 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. 1/22/2020. DOJ Announcement. Attorney General William P. Barr Announces the Establishment of the Presidential Commission on Law Enforcement and the Administration of Justice “ – to address, among other things, 

· Refusals by State and local prosecutors to enforce laws or prosecute categories of crimes; 

· The need to promote public confidence and respect for the law and law enforcement officers; https://www.justice.gov/opa/pr/attorney-general-william-p-barr-announces-establish ment-presidential-commission-law Raising concerns with the NAACP: https://www.naacpldf.org/press-release/the-doj-announces-details-of-the-presidents-la w-enforcement-commission-reaffirming-the-civil-rights-concerns-around-its-establish ment 

2. October, 2019. Medicaid work requirements – effect on states. From Center on Budget and Policy Priorities: https://www.cbpp.org/health/states-experiences-confirming-harmful-effec ts-of-medicaid-work-requirements 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-pend ing-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. This notice received thousands of comments. 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.htm 

4. lExtending 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-pal atable-as-link-to-obama-administration-fades-in-peoples-minds /

https://public.medicaid.gov/connect.ti/public.comments/whatsNew 

5. 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-a dministration-congress-and-the-states/

Tracking info: https://www.kff.org/health-reform/fact-sheet/tracking-section-1332-state-innovation- waivers/

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


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

Federal Government Sites: 

1. https://www.fedcenter.gov/news/regs/ 

2. Overview of Trump Regulatory actions: See White House Complete Government 

“Reform” plan – it is sweeping and alarming: https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-R eorg-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

Link to Tracking the Trackers – websites providing updates, data, and links. 

https://drive.google.com/open?id=1XcrGgLV81Tv_vymU_NjD-zTgCWYn1VZE


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