Rogan’s List for 05/11/2020

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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 Comment time varies from 10 days to 2 months, sometimes with extensions.)

This week’s list – closing is misnamed Strengthening Transparency in Regulatory Science, extension of comment period for collecting biometric data on undocumented persons, Trump’s ordering meatpacking workers back to work under Defense Production Act as cases and deaths mount, allowing SBA loans to religious organizations and more. Under new – over 350 COVID-!9 emergency notices and proposed rules, some temporary (moving target) and sweeping proposals to review Obama-era Small Business Admin regulations affecting minority, veteran and women-owned businesses. This is a partial list. Also, over-riding Oregon EPA to allow LNG pipeline to Coos Bay.

Closing Soon 

1. Posted 3/31/2020. Notice. DOT-OST-2020-0023-0002. Dept. of Transportation; Regional Infrastructure Accelerator Program. Slated to close 30 days after posting but still open for comment. Potential anti-environmental implications.“The Build America Bureau (the Bureau) of the U.S. Department of Transportation (Department or DOT) is seeking input from interested parties with the intent to gather as much information as possible before implementing the 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: 

2. Comments due 5/11/2020. Immigration. 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. From the American Immigration Lawyers Association Comment: “ All three revised forms (Forms I-864, I-864EZ and I-864A) include an extensively expanded certification section that requires, among other things, that the sponsor implicitly agree that the completed Affidavit of Support may be made available to any Federal, State or local agency that may receive an application from the intending immigrant(s) named in the Affidavit of Support for Supplemental Nutrition Assistance Program (SNAP) benefits, Medicaid, (other than Emergency Medicaid), Supplemental Security Income, Temporary Assistance to Needy Families, or other means-tested benefits. Since this form includes extensive personal identifying information (PII), as well as comprehensive financial information, this blanket agreement seems contrary to best practices with respect to the protection of private information. Moreover, USCIS does not provide sufficient rationale for such a blanket authorization.” Read the entire comment on undue burdens placed on sponsors and household members: Read more: 6a-84be1ea4d879.html. See American Immigration Lawyers Association comment here:–proposed-revisions-forms 

3. Comments due 5/11 /2020. Mercury and Air Toxics Standards for Power Plants Electronic Reporting Revisions. Read more: d-analysis-yale-economist-asserts/ and “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 

4. Comments due 5/18/2020. Strengthening Transparency in Regulatory Science (extension of comment period). Read it and comment here: EPA’s own science advisors raised concerns: us-epa-s-science-advisers-raise-concerns-about-transparency-rule-58361201 Read more here: and so-illegal/ 

5. 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: 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.” sh-permitting-rule/ PA39s-Proposed-Federal-Permit-Program and deral-permit-program.html?utm_source=Mondaq&utm_medium=syndication&utm_ca mpaign=LinkedIn-integration; 

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.” 

7. 4/15/2020. Traveling by Air with Service Animals. Still accepting comments post-deadline. 

8. Comments now due 6/5/2020. Invitation to comment on the whole regulatory process. Meetings: Modernizing Services for Regulation Management, “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 and “Notices” have no explanatory information in the title. 

9. Comments due 6/1/2020 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: “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.” 

10. 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. Read more: job-training-for-food-stamp-recipients-785915 - d-stamp-proposal-may-remove-3-million/1803077001/ It was blocked in the courts: -restrictions-likely-unlawful-and-blocks-implementation/#77a133136439 Supposedly, the Families First Coronavirus Response Act passed in the house waives the work requirement temporarily: coronavirus-pandemic.html Also see od-online-means-for-food-security/ 

11. Comments due 5/11/2020. Notice. Expansion of Use of the Term Healthy. From the notice: “Specifically, FSIS has allowed and will continue to allow the implied nutrient content claim “healthy” on foods that have a fat profile of predominantly mono and polyunsaturated fats (i.e. sum of monounsaturated fats and polyunsaturated fats are greater than the total saturated fat content of food), but do not meet the regulatory definition of “low fat,” as specified in 9 CFR 317.363(b)(1)/381.463(b)(1)…” See also related proposal. 

12.Comments due 5/19/2020. DHS Extension of Comment Period on Proposed Rule Exempting New “EBAR System of Records” from Privacy Act. DHS collecting biometric data on undocumented persons. Two measures: Read it and comment here: and Read more: ministrative-records-system 

13. Comments due 5/26/2020. Multiple requests to Export Domestically Produced Natural Gas.; 

14. 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. an-exposure-to-radiofrequency-electromagnetic-fields “In 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.” You can comment at and put 19-226 in the first search box. 

15. Comments due 6/1/2020. Meetings: 2020 Dietary Guidelines Advisory Committee. Comment here: and read more with link to petition: -matters-to-nutrition-guidelines/ Petition: 1-a94c-00155d03b1e8&emdi=ea000000-0000-0000-0000-000000000001&ceid= 

16. 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. Read more: tes-unprecedented-flexibi/575174/ 

17. Comments due 6/15/2020. Management of Acute and Chronic Pain: Request for Comment CDC seeking comment on using opiods for pain. Article about here: -stakeholders 


1. New beta site – is easier to read but not as functional, as of March 2020. 

2. COVID-19 Update: Charts/graphs from Skopos Labs showing legislative and regulatory response to COVID-19-updated daily- useful resource and overview: Regulations are toward the bottom. Also see all pending regulatory “requests for information open for comment” here: See also (5/1/2020) More Than 10,000 Federal Employees Have Contracted COVID-19 See suspended and temporary immigration actions here: and response-to-covid-19/ See Immigration notices open for comment: 

3. Open for Comment COVID-19. 350 Notices, Actions and Proposed Rules related to the COVID-19 pandemic emergency are open for comment. These range from finance to employment to EPA, the CARES Act, and more. 2Bhealth%2Bemergency%2C&cp=O 

4. 4/28/2020. Trump uses Defense Production Act to designate meatpackers as critical infrastructure. -dpa-respect-food-supply-chain-resources-national-emergency-caused-outbreak-covid-1 9/ Meanwhile CDC: Nearly 5,000 Meat Processors Infected by COVID-19 -At least 20 employees have died, new data from federal government shows, id-19 and multiple unions oppose the action: 

5. COVID-19. United States Postal Service (USPS). Trump appoints donor to head agency as “More than 2,000 postal employees have tested positive for COVID-19 and 46 have died from related symptoms. ” esponse-mailers-employees/165226/ 

6. Posted 5/11/2020, Jordan Cove Energy Project, L.P., Pacific Connector Gas Pipeline, LP; Notice of Petition for Declaratory Order. Pipeline to enable LNG Exports – Oregon. “The Jordan Cove LNG project is a proposal to transport fracked gas from the Rockies and Canada across southern Oregon to Coos Bay where it will be turned into liquefied natural gas (LNG) at a giant new terminal, put on large tankers and sent overseas. A 36-inch fracked gas pipeline called Pacific Connector would travel 229 miles from Malin to Coos Bay, cutting through Klamath, Jackson, Douglas and Coos counties. From the text: “Petition for Declaratory Order (Petition) finding that the Oregon Department of Environmental Quality waived its authority to issue certification for the Jordan Cove LNG Terminal and Pacific Connector Pipeline under Section 401 of the Clean Water Act” – You can comment by putting your information in at – they will send you a comment link. To comment, put docket #s Docket Nos. CP17-495-003 and CP17-494-003 in the heading. Read it here: rgy-project-lp-pacific-connector-gas-pipeline-lp-notice-of-petition-for-declaratory and read about it here: Suggestions for comment: 30 days is not enough time; federal regulators should not elevate corporations over state and local environmental concerns. 

7. To be published 5/12/2020. FEMA meeting on distribution of medical resources. Develop Pandemic Response; Voluntary Agreement. “The Federal Emergency Management Agency (FEMA) will convene a meeting remotely via teleconference and web conference on May 21, 2020, to develop a voluntary agreement under Section 708 of the Defense Production Act to help provide for the national defense by maximizing the effectiveness of the distribution of critical medical resources nationwide to respond to pandemics in general, and COVID-19 specifically” p-pandemic-response-voluntary-agreement 

8. Comments due 6/5/2020. Agency Information Collection Activities; New Collection: Sponsor Deeming and Agency Reimbursement. Immigration – allows USCIS to collect information from federal aid-granting agencies. Comment here: Read more: “USCIS is not authorized to use the SAVE system to collect information from benefits-granting agencies “ from NY Immigration Coalition comment: 

9. Comments due 7/7/2020. Notice. Petition for Determination of Nonregulated Status: Bayer/Monsanto; Maize Genetically Engineered for Dicamba, Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Tolerance with Tissue-specific Glyphosate Tolerance Facilitating the Production of Hybrid Maize Seed – involves engineering glyphosate [RoundUP] tolerance facilitating the production of hybrid maize seed. Comment here: 

10. Comments due 6/10/2020. EPA Proposed Rule. Leaves out neurotoxin methyl bromide as candidate for regulation. Preliminary Regulatory Determinations for Contaminants on the Fourth Drinking Water Contaminant Candidate List. Read it and comment here: Read more about how this affects one state: nts-never-told-about-toxic-substance-used-next-door/ and on-over-half-of-new-hanover-county-may-be-overexposed-to-a-toxic-chemical/ General article about: 

11. Comments due 6/29/2020. EPA Proposed Rule (1 of 2) refusing to regulate soot, among other particulates. Review of the National Ambient Air Quality Standards for Particulate Matter. Comment here: Read critique here: Unbelievable’ Timing: As Coronavirus Rages, Trump Disregards Advice to Tighten Clean Air Rules. html and health-and-ignore-the-law-by-keeping-an-outdated-fine-particle-air-pollution-standard -136226 

12. Comments due 7/27/2020. Proposed Rules, Small Business Administration. List of Rules To Be Reviewed Pursuant to the Regulatory Flexibility Act. Sweeping Proposed Rules to review Obama-era small business regulations, impacting minority, women and veteran-owned businesses, among others. “SBA is seeking comment on whether the rules should be continued without change, amended, or rescinded.” and 

13. Comments due 6/29/2020. EPA Proposed Rule -see above (2 of 2): Review of the National Ambient Air Quality Standards for Particulate Matter. Read more: -air-pollution-limit-agency-s-head-just-said and see articles above. 

14. Comments due 6/23/2020. HHS OIG Proposed Rule. Grants, Contracts, And Other Agreements: Fraud and Abuse; Information Blocking; Office of Inspector General’s Civil Money Penalty Rules. Read it and comment here. You may recall that Trump fired the HHS IG. g.html Read more about proposed rule here: and 

15. Comments due 6/1/2020. Dept. Of Energy Proposed Rule. National Environmental Policy Act Implementing Procedures – applies to natural gas import and export. Only a 30-day comment period – loophole for LNG or Liquid Natural Gas Exports . “opponents of natural gas exports may find it more difficult — should this proposal be finalized as offered — to argue that adverse environmental effects outweigh the economic benefits of exporting the commodity, as they have attempted to argue on judicial review.” Read more at -doe-proposes-regulation-to-keep-nepa-reviews-limited-for-lng-exports Read it and comment at See als0 #1 under Section II Environmental & BLM new postings on Bureau of Land Management NEPA implementation. (Not accepting comments.) 

16. Comments due 8/02/2020. Request for Information-Interagency Arctic Research Policy Committee, Chaired by the National Science Foundation; Extension of Public Comment Period. ormation-interagency-arctic-research-policy-committee-chaired-by-the-national-scienc e Email comments to Send written submissions to Roberto Delgado, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314. Stated goals – one might ask how these comport with all the plans to drill in the Arctic Wildlife Refuge and other degradations proposed for the Arctic by the U.S.: 

* Enhance understanding of health determinants and improve the well-being of Arctic residents; * Advance process and system understanding of the changing Arctic Start Printed Page 19032atmospheric composition and dynamics and the resulting changes to surface energy budgets; * Enhance understanding and improve predictions of the changing Arctic sea ice cover; * Increase understanding of the structure and function of Arctic marine ecosystems and their role in the climate system and advance predictive capabilities; * Understand and project the mass balance of glaciers, ice caps, and the Greenland Ice Sheet, and their consequences for sea level rise; * Advance understanding of processes controlling permafrost dynamics and the impacts on ecosystems, infrastructure, and climate feedbacks; * Advance an integrated, landscape-scale understanding of Arctic terrestrial and freshwater ecosystems and the potential for future change; * Strengthen coastal community resilience and advance stewardship of coastal natural and cultural resources by engaging in research related to the interconnections of people, and natural and built environments; and * Enhance frameworks for environmental intelligence gathering, interpretation, and application toward decision support. The Interagency Arctic Research Policy Committee (IARPC) website: 

17. 4/30/2020. Rule undoing the Clean Air Act. The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks. dable-fuel-efficient-safe-vehicles-rule-for-model-years-2021-2026-passenger-cars-and 

18. Comments due 6/12/2020. Proposed rule allowing firearms on Army Corps of Engineers projects – includes lots of waterways. Rules and Regulations Governing Public Use of Water Resource Development Projects Administered by the Chief of Engineers. Read more: and from gun ownership group: as-biggest-gun-free-zones/#axzz6KjgDdOlT 

19. 4/27/2020. Presidential Proclamation. Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak pension-of-entry-of-immigrants-who-present-a-risk-to-the-united-states-la bor-market-during-the From the text: “There is no way to protect already disadvantaged and unemployed Americans from the threat of competition for scarce jobs from new lawful permanent residents by directing those new residents to particular economic sectors with a demonstrated need not met by the existing labor supply.” “The proclamation creates several exceptions to this 60-day suspension, including health care workers, EB-5 investors, spouses of U.S. citizens, children of U.S. citizens, adoptees, members of the U.S. Armed Forces, and aliens whose entry is determined to be in the national interest by the Department of State or the Department of Homeland Security.” Read more and Trump Makes End Run Around Congress to Fundamentally Restructure Decades-Old Immigration Law. structure-decades-old-immigration-law/ 

20. Comments due 7/02/2020. Carbaryl and Methomyl Registration Review; Draft Endangered Species Act Biological Evaluations; Extension of Comment Period. EPA weakens protections. ethomyl-registration-review-draft-endangered-species-act-biological-evaluations Read more from Center for Biological Diversity: “Today’s assessments of carbaryl and methomyl were the result of extensive litigation and the EPA reaching a legal settlement with the Center in which it committed to assess the risks that eight of the nation’s most harmful pesticides pose to protected plants and animals. To date the EPA has never once implemented a nationwide Endangered Species Act consultation on pesticides, as required under the Act.” ng-pesticide-risks-ignore-many-harms-to-endangered-species-2020-03-12/ 

21. 4/27/2020 Rule. Delays Real ID requirement for one year to October 2021. Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes. dards-for-drivers-licenses-and-identification-cards-acceptable-by-federal-agencies-for “DHS takes this action without prior notice and public comment.” 

22. Comments due 9/18/2020.USDA Proposed Rule. Identifying Regulatory Reform Initiatives. Comments are all over the place, some slamming Ag. Sec. Perdue, others advocating less CO2 or less regulation. Still it is an opportunity to advocate for farmworker protections, sustainable agriculture and organic methods and to end factory-farming an use of GMOs. 

23. Federal COVID-19 responses in the news. Many actions are policy decisions not posted on Note: Trump administration has posted hundreds COVID-19-related notices and proposals in the last 60 days. See below: 

4/17/2020. Why Is Trump Gutting Regulations That Save Lives? Smart safeguards, designed by specialists, protect public health and safety. Cass R. Sunstein 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.’ ” aken-epa-rule-on-toxic-compounds See EPA Announces Enforcement Discretion Policy for COVID-19 Pandemic ovid-19-pandemic Read more: and d-epa-rescind-pandemic-polluter-policy and 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.” 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 t-of-covid-19-workplace-safety-protections-thanks-to-osha and g-left-out-covid-19-workplace-safety-protections-thanks-osha/164701/ 

24.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.” Read more: Trump Ramps Up Border Wall Land Grabs Amid Pandemic Lockdowns d-pandemic-lockdowns/309145/ and 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.” 

25. 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. Docket ID: FWS-HQ-NWRS-2020-0013-0001. Article about – ment-animals-refuge-fish-a9460196.html and g-expansion-would-open-up-oregon-wildlife-refuges.html 

26.Comments due 6/9/20202. Good news. EPA Notice. Recent Specifications Review and Request for Information on WaterSense Program. No changes to toilet and faucet standards despite Trump criticism 

27. Comments due 7/20/2020. Proposed Rule, Nuclear Regulatory Commission. Transfer of Very Low-Level Waste to Exempt Persons for Disposal. Allow waste in landfills. Read more: andfills/ and ut-proposal-to-allow-some-nuclear 

28. Comment period extended to 7/20/2020. 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: FDA Reopens Comments on Proposed Rule to Modernize Food Standards of Identity. and y-need-refreshing-FDA-to-hold-public-meeting# 

29. 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: 0on%20Enforcement.pdf Read more: “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.” 

30. 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: als DOE study published April 2020 regarding “locatable minerals” s%20Supply%20Chain%20White%20Paper%20April%202020.pdf Read more: /us-forest-service-reviewing-environmental-impacts-of-changing-mine-rules-57844292 

31. 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. nput-from-stakeholders-on-agricultural-innovations 

32. 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. rently-approved-information-collection-comment-request-the-environmental-question naire 

33. 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. ” 

34. Posted 3/18/2020. Guidance, allows comments, no deadline posted. FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic; Guidance for Industry, Investigators, and Institutional Review Boards Sets up parameters and standards for COVID-19 in clinical trials. Note 4/26/2020: Do we need to state that none of the President’s comments should be considered in guidance standards? 

35. 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 (; or Send an email to Please include File Number S7-03-20 on the subject line. Read it here: and read more here: 

36.3/13/2020. Coronavirus testing won’t count against immigrants trying to get green cards, feds say. Read more here: 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. ” 

37. 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. and; 

38. Nominations must be received on or before August 1, 2020. This could be critically important for upcoming election as well as proportional representation. 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. minations-of-members-to-serve-on-the-national-advisory-committee-on-racial-ethnic-a nd and minations-of-members-to-serve-on-the-census-scientific-advisory-committee 

39. 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. Read synopsis: aives-contract-laws-in-border-wall-push and “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.” 

40. 2/6/2020. CMS announces new state Medicaid Block grants. 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 nt-guidance-frequently-asked-questions and Trump Administration’s Harmful Changes to Medicaid dicaid See also “Trump’s Medicaid Chief Labels Medicaid ‘Mediocre.’ Is It? 

41. 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.” g-medicare-nations-seniors/ When it is a proposed rule, will be posted here. Read more:; 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 curity-to-share-records-with-census DHS web post: migration-related-information-sharing 

2. The Outlook On Immigration In 2020: Important article from Forbes. -in-2020/#1b0ee3143abd 

3. Proposed regulation on specialized knowledge and H-1B visas. Strengthening the L-1 Nonimmigrant Classification 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. nitiatives-unified-agenda-regulatory-and-deregulatory) See agenda here: Here is the Notice Registration Requirement for Petitioners Seeking To File H- 1B Petitions on Behalf of Cap- Subject Aliens No comments accepted AILA article on this new process: 

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: and here: al-alien. Write your representative. 


1. 5/1/2020. Multiple Bureau of Land Management oil and gas lease sales make the news – Notice, not accepting comment, petition posted below other entries. National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11) nmental-policy-act-implementing-procedures-for-the-bureau-of-land-management-516 -dm and National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11) (2nd of 2) nmental-policy-act-implementing-procedures-for-the-bureau-of-land-management-516 -dm Read more: Proposed BLM Interim Guidance to Provide Relief for Oil & Gas Operators and onavirus-environmental-regulations; Hunters oppose the leasing: c-lands/; from Utah: ment-halt-comment-periods-and-major-decisions; Petiton here: at/ 

2. 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. 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 

3. Comments extended to 6/30/2020. Extension of Comment Period for the Port Access Route Study: Alaskan Arctic Coast. “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: Read this comment from Audubon Society and Ocean Conservancy, among other organizations: “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.4/21/2020. US Army Corps of Engineers Plan to dredge San Francisco Bay to Port of Stockton. Environmental Groups Oppose U.S. Army Corps Plan to Dredge the Bay for Bigger Oil Tankers – Read it here: y/Projects-for-Navigable-Waterways/San-Francisco-Bay-to-Stockton-JFB-/ Read more: -to-dredge-the-bay-for-bigger-oil-tankers/ and n-unexpected-14872080.php; 

4. 4/20/2020 Anniversary of Deep Water Horizon Spill – implications for Alaska. Also see Interagency Arctic Research Notice below. Read more: ore-drilling-remains-a-threat/; ization-values-oil-and-gas-industr/engineering. Leasing site: 

5. 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. e-regulation-rollback/163062/ 

6. 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 (!) Petition link below. 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.” Read more from NRDC: mps-monumental-mistake. Take Action: &_ga=2.141382834.1818402474.1581882207-1860121897.1581882207 

7. 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 ame=renderDefaultPlanOrProjectSite&projectId=117408 Read more here: uidation-public-lands-underway-alaska/ Leasing site: and ml 

8. Update 3/26/2020: EPA watchdog to review pollution plans after threat to withhold California highway funding. ion-plans-at-center-of-agency-threat Previous history: California to consider zero-emissions vehicles. 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: EPA letter to CA: › documents › epa.dot_puts_california_on_notice.pdf and DOJ story here: 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: . Other federal announcements pertaining to CA auto emissions standards: gram-rule-federal-preemption-state-fuel and and Comment email addresses for EPA officials by area: Email addresses for EPA 

9. Multiple items posted undoing the Clean Air Act piecemeal. “NESHAP” is “National Emission Standards for Hazardous Air Pollutants.” onal-emissions-standards-hazardous . This link shows postings and comment dates: onal-emissions-standards-hazardous#status Read more here, including a good explanation of how this works: and 

10. Posted April 2020. Allowing more toxic substances. Notice. Certain New Chemicals or Significant New Uses; EPA proposed significant new uses of toxic chemicals. Comments due 6/03/2020 – includes polyfluoroalkyl substances. -use-rules-on-certain-chemical-substances-20-15e . Read more here: unds/569736002/ and “and their presence in the environment is concerning because they are harmful to humans (causing liver damage, endocrine disruption, fertility decrease, and cancer) and to wildlife.” -for-chemical-risk-evaluations and on-new-chemicals-and-workers-pay-the-price/ and erlay-strip 

11. July 14, 2019 Multiple BLM Notices and Proposed Rules with links to comment pages. Constantly updated. nities/ 

12. July 14, 2019 Multiple Ozone Standards – EPA is doing this state-by-state. ue&ns=true 

13. 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. Federal Register version comment period ends 09/25/2020 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: “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. “ And this study: 

14. 2019 BLM oil and gas lease sales – still for sale. Website listing upcoming sales: And the site doing the selling where you can buy leases starting at $2 and acre: the calendar of government leases sales here: 

15. BLM’s own e-planningsite: do 


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; ment-presidential-commission-law Raising concerns with the NAACP: 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: ts-of-medicaid-work-requirements One in a string of proposals, analyzed here: and-work-what-does-the-data-say/ and ing-section-1115-waivers-by-state/ 

3. Coming as a proposed regulation. 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. Article about it here: 

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: atable-as-link-to-obama-administration-fades-in-peoples-minds / 

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. dministration-congress-and-the-states/ Tracking info: waivers/ Kaiser Health News take here: 

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

Federal Government Sites: 


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

“Reform” plan – it is sweeping and alarming: eorg-Plan.pdf and their regulations office: 

3. Tracking regulations by Agency and Industry:

4. USCIS Federal Register Announcements:

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

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