id,Related,Related-order,Updated,Status,Noteworthy,Type,Type-text,Nature-of-action,Category,Agency,Agency-info,Rule-header,Rule,Proposed-date,Proposed-link,Proposed-status,Proposed-admin,Proposed-progress,Final-date,Final-link,Final-status,Final-admin,Final-progress,Effective-date,Effective-link,Effective-status,Effective-admin,Effective-progress,Summary,Background,Impact,Litigation,Note
1,"348,349,350",1,11/19/2021,In effect,Y,,,Rulemaking - Overturning and replacing Trump,"Housing
Children, Youth, and Families",HUD,Department of Housing and Urban Development,,Affirmatively Furthering Fair Housing rule,7/19/2013,https://www.federalregister.gov/documents/2013/07/19/2013-16751/affirmatively-furthering-fair-housing,,obama,progress,7/16/2015,https://www.federalregister.gov/documents/2015/07/16/2015-17032/affirmatively-furthering-fair-housing,,obama,progress,8/17/2015,https://www.federalregister.gov/documents/2015/07/16/2015-17032/affirmatively-furthering-fair-housing,,obama,progress,A rule requiring communities to analyze racial residential segregation and submit plans to reverse it as a condition of receiving federal housing aid.,"The Fair Housing Act, passed in 1968, calls on federal agencies with activities related to housing and urban development to administer their programs to support and carry out the purposes of the law. In 2015, the Obama administration’s Department of Housing and Urban Development (HUD) issued the Affirmatively Furthering Fair Housing rule (AFFH Rule) in line with this law.","The AFFH rule required any community receiving block-grant funding from HUD to complete a comprehensive Assessment of Fair Housing to analyze its housing stock and draft a plan for addressing patterns of segregation and discrimination. This rule went into effect on August 17, 2015.",,"On January 5, 2018, HUD Secretary in the Trump administration Ben Carson issued a notice stating that HUD would immediately stop reviewing plans that had been submitted but not yet accepted. In 2018, Trump’s HUD rescinded the rule, before it was reinstated by Biden in 2021 (below)."
2,,,10/25/2017,Rescinded,Y,CRA,Nullified by Congressional Review Act,,Financial,CFPB,Consumer Financial Protection Bureau,,Arbitration Rule,5/24/2016,https://www.federalregister.gov/documents/2016/05/24/2016-10961/arbitration-agreements,,obama,,7/19/2017,https://www.federalregister.gov/documents/2017/07/19/2017-14225/arbitration-agreements,,obama,,9/18/2017,,Nullified,obama,,Nullification of a rule allowing class action lawsuits against banks and credit card companies to resolve financial disputes.,"On July 19, 2017, the Consumer Financial Protection Bureau (CFPB) issued a final rule banning certain financial companies from using mandatory arbitration clauses in consumer contracts, including checking account and credit card contracts. The rule was supposed to provide the opportunity for alternative legal recourse for harmed consumers against these financial companies, most importantly class action lawsuits. Financial companies and the Treasury Department claimed that the CFPB's own analysis demonstrated the rule's ineffectiveness and that the rule primarily benefitted trial lawyers. Consumer advocates and congressional Democrats supported the rule.
The day after the final rule was published, Rep. Keith Rothfus (R-PA) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. Five days later, the resolution passed the House, with votes along party lines. Senate Democrats staged a series of high-visibility press conferences in support of the rule, focusing on recent high-profile problems at Wells Fargo and Equifax. On October 24, 2017, the resolution narrowly passed the Senate, 51-50, with the vice president breaking the tie after two Republicans voted against it. On November 1, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
3,"4,5",1,10/18/2018,In effect,Y,,,,"Education
Children, Youth, and Families",DoEd,Department of Education,Borrower Defense Rule,Borrower Defense Rule,6/6/2016,https://www.federalregister.gov/documents/2016/06/16/2016-14052/student-assistance-general-provisions-federal-perkins-loan-program-federal-family-education-loan,,obama,progress,11/1/2016,https://www.federalregister.gov/documents/2016/11/01/2016-25448/student-assistance-general-provisions-federal-perkins-loan-program-federal-family-education-loan,,obama,progress,10/16/2018,https://www.federalregister.gov/documents/2018/02/14/2018-03090/student-assistance-general-provisions-federal-perkins-loan-program-federal-family-education-loan,Delayed,trump,progress,A rule expanding the rights of defrauded students seeking federal student loan debt relief.,"On November 1, 2016, the Department of Education (DoEd) published its final Borrower Defense Rule. The DoEd undertook ""borrower defense"" rulemaking following a series of high-profile closures of several for-profit college groups, notably Corinthian Colleges, which had left the DoEd in charge of thousands of borrower defense claims. The DoEd cited this backlog in a June 2015 press release announcing it would develop new regulations to facilitate borrower defense claims processing. The DoEd's final rule streamlined the claims process, and greatly expanded the rights of students seeking debt relief under claims of fraud.
On May 24, 2017, just over one month before the Borrower Defense Rule was set to come into effect, a California-based trade association representing mostly for-profit schools filed suit alleging the new rules unfairly expanded borrower defense rights, and the Trump administration responded by delaying the rules pending resolution of the litigation. Eighteen state attorneys general have filed a suit challenging the delay. On October 24, 2017, the DoEd proposed to extend the effective date until July 1, 2019, while it works on a new version of the rule. The delay was finalized on February 14, 2018. On December 14, 2017, two additional lawsuits were filed by four state attorneys general, and a class action lawsuit was filed on December 20, challenging the delay. On September 12, U.S. District Judge Randolph Moss ruled in favor of the state attorneys generals, writing in an opinion that the delays were ""arbitrary and capricious"" and ""procedurally invalid."" On October 16, 2018, the rule finally went into effect, as Judge Moss ruled for its immediate implementation. However, the legal fights regarding this rule are likely to continue. In his ruling, Judge Moss wrote that his decision ""is not the first (and presumable not the last) chapter."" ",,,
4,"5,3",3,8/19/2018,,,,,,"Education
Children, Youth, and Families",DoEd,Department of Education,Borrower Defense Rule,Recission and Alteration (of Borrower Defense Rule),7/31/2018,https://www.federalregister.gov/documents/2018/07/31/2018-15823/student-assistance-general-provisions-federal-perkins-loan-program-federal-family-education-loan,,trump,progress,,,,,,,,,,,Another rule making it more difficult for defrauded sudents to seek federal student loan debt relief.,"On July 31, 2018, Secretary of Education Betsy DeVos proposed to rescind and alter certain portions of the Borrower Defense Rule. Specifically, the newly proposed Borrower Defense Rule would require borrowers alleging they were defrauded or misled to demonstrate that their institution knowingly made false statements about program outcomes. It would also eliminate group discharge, requiring all claims to be addressed individually.",,,
5,"3,4",2,6/28/2018,,,,,,"Education
Children, Youth, and Families",DoEd,Department of Education,Borrower Defense Rule,Average Earnings Rule,12/20/2017,https://www.ed.gov/news/press-releases/improved-borrower-defense-discharge-process-will-aid-defrauded-borrowers-protect-taxpayers,,trump,progress,,,,,,5/25/2018,https://predatorystudentlending.org/wp-content/uploads/2018/05/PI-Order.pdf,Invalidated,court,block,A notice changing the discharge process for defrauded students.,"The Borrower Defense Rule has been delayed since May 2017, and several lawsuits have been filed challenging the delay. On December 8, 2017, the DoEd's Inspector General reported that the DoEd under President trumphad received 25,991 claims for loan discharges, of which 2 had been denied and 0 had been approved. On December 20, 2017, it was revealed that the DoEd had approved 12,900 claims and denied 8,600 for former students of Corinthian Colleges, while about 37,000 claims remain unresolved.
On December 20, 2017, Secretary of Education Betsy DeVos announced a new proposed Borrower Defense Rule, also known as the Average Earnings Rule. The new proposed rule provides debt relief based on income, with those earning less than 50 percent of their peers receiving full loan forgiveness. On March 17, 2018, four students defrauded by Corinthian Colleges amended their class action lawsuit, and filed a motion for preliminary injunction against Secretary DeVos, claiming that the Average Earnings Rule violated the Privacy Act by collecting income data from the Social Security Administration without authorization. On May 25, 2018, Magistrate Judge Sallie Kim partially granted the motion for preliminary injunction, barring the DoEd from using the Average Earnings Rule, and ordering the DoEd to cease all debt collection efforts against the plaintiffs. On June 19, 2018, Judge Kim issued an amended order, clarifying that the May 25 ruling applied to all defrauded Corinthian students, not just to the four plaintiffs who had filed the lawsuit, as the DoEd had originally interpreted the order.",,,
6,"7,8",1,8/14/2019,Rescinded,Y,,,,Environmental,EPA,Environmental Protection Agency,,Clean Power Plan,6/18/2014,https://www.federalregister.gov/documents/2014/06/18/2014-13726/carbon-pollution-emission-guidelines-for-existing-stationary-sources-electric-utility-generating,,obama,progress,10/23/2015,https://www.federalregister.gov/documents/2015/10/23/2015-22842/carbon-pollution-emission-guidelines-for-existing-stationary-sources-electric-utility-generating,,obama,progress,2/9/2016,https://www.supremecourt.gov/orders/courtorders/020916zr3_hf5m.pdf,,trump,block,A rule requiring coal-burning power plants to reduce carbon emissions.,"The highly controversial Clean Power Plan (CPP) was finalized on October 23, 2015. The goal of the CPP was to reduce greenhouse gas emissions from the electricity sector, which is responsible for approximately 30 percent of America's overall greenhouse gas emissions. In January 2016, the D.C. Circuit Court of Appeals denied a motion for stay of the CPP that was brought by a coalition of states and power industry representatives. On February 9, 2016 (less than a week before the death of Justice Antonin Scalia), the Supreme Court ruled 5-4 to take the unprecedented step of staying the rule, pending the exhaustion of the full appeals process for either side (in other words, until the Supreme Court signed off on the rule's permissibility). On September 27, 2016, the D.C. Circuit Court of Appeals held an en banc hearing of the case. The court's decision was expected in 2017, but on March 28, 2017, President Trump issued an executive order directing the Environmental Protection Agency (EPA) to review the CPP. The Trump administration subsequently requested that the court postpone consideration on the CPP pending the administration's internal review. On October 16, 2017, the EPA proposed to rescind the CPP.",,,
7,"8,6",3,6/20/2019,Rescinded,Y,,,,Environmental,EPA,Environmental Protection Agency,Clean Power Plan,Affordable Clean Energy (ACE) Rule,8/21/2018,https://www.epa.gov/newsreleases/epa-proposes-affordable-clean-energy-ace-rule,,trump,progress,7/8/2019,https://www.federalregister.gov/documents/2019/07/08/2019-13507/repeal-of-the-clean-power-plan-emission-guidelines-for-greenhouse-gas-emissions-from-existing,,trump,progress,9/6/2019,https://www.federalregister.gov/documents/2019/07/08/2019-13507/repeal-of-the-clean-power-plan-emission-guidelines-for-greenhouse-gas-emissions-from-existing,,trump,progress,A rule that would replace the Clean Power Plan to address greenhouse gas emissions from coal-burning power plants,"While President Trump's EPA worked to repeal the Clean Power Plan (CPP), it considered possible replacements, in light of the endangerment findings. On December 28, 2017, the EPA published an advanced notice of proposed rulemaking, seeking public comment on some open-ended questions regarding eventual replacement plans. On August 21, 2018, the EPA proposed the Affordable Clean Energy (ACE) rule to replace the CPP.
The ACE rule would establish emission guidelines to address greenhouse gas (GHG) emissions from existing coal-fired power plants. Rather than setting targets for states as CPP did, ACE allows states to determine how to regulate emissions based on ACE guidelines. It defines the ""best system of emission reduction"" (BSER) for existing power plants as on-site, heat-rate efficiency improvements (HRI). CPP, on the other hand, represented BSERs through carbon dioxide emission performance rates. ACE would use these BSERs to provide states with a list of ""candidate technologies"" that can be used to establish standards of performance by the states. The EPA's Regulatory Impact Analysis predicts that ACE would increase carbon dioxide emissions by over 60 million short tons by 2030 in the minimum case scenario, relative to CPP predictions. On August 31, 2018, a formal proposed rule regarding emission guidelines and implementation included ACE in one of its provisions. The rule underwent a comment period that ended October 30.
On June 19, 2019, EPA finalized three separate and distinct rulemakings, including the emission guidelines set by ACE and the implementation of ACE. The final rulesare expected to go into effect on September 6, 2019. On August 13, 2019, the state of New York, along with 21 other states and seven cities, filed a lawsuit seeking a review of this action. The states claimed that ACE does not meaningfully reduce greenhouse gas emissions and therefore violates the EPA's duties under the Clean Air Act to address carbon pollution from power plants.",,,
8,"6,7",2,6/20/2019,Rescinded,Y,,,,Environmental,EPA,Environmental Protection Agency,Clean Power Plan,Rescission,10/16/2017,https://www.federalregister.gov/documents/2017/10/16/2017-22349/repeal-of-carbon-pollution-emission-guidelines-for-existing-stationary-sources-electric-utility,,trump,progress,7/8/2019,https://www.federalregister.gov/documents/2019/07/08/2019-13507/repeal-of-the-clean-power-plan-emission-guidelines-for-greenhouse-gas-emissions-from-existing,,trump,progress,9/6/2019,https://www.federalregister.gov/documents/2019/07/08/2019-13507/repeal-of-the-clean-power-plan-emission-guidelines-for-greenhouse-gas-emissions-from-existing,,trump,progress,Rescission of the Clean Power Plan,"In an October 9, 2017, speech to coal miners in Kentucky, EPA administrator Scott Pruitt declared ""the war against coal over,"" announcing that the EPA would soon begin the process of repealing the Clean Power Plan (CPP). A formal proposed rule was published in the Federal Register on October 16, 2017. On November 8, 2017, the EPA extended the public comment period of the proposal to rescind until January 16, 2018. On December 28, 2017, the EPA published an advanced notice of proposed rulemaking seeking public comments on replacements. On February 1, 2018, the EPA announced that it would be holding three new public hearings on its proposal to repeal the CPP, and extended the public comment period to April 26, 2018. On July 8, 2019, EPA finalized three separate and distinct rulemakings, including the repeal of CPP.",,,
12,"14,360",1,11/19/2021,In effect,Y,,,Rulemaking - Overturning and replacing Trump,"Environmental
Transportation","EPA, DoT","Environmental Protection Agency, Department of Transportation",Corporate Average Fuel Economy (CAFE) standards,Corporate Average Fuel Economy (CAFE) standards,12/1/2011,https://www.federalregister.gov/documents/2011/12/01/2011-30358/2017-and-later-model-year-light-duty-vehicle-greenhouse-gas-emissions-and-corporate-average-fuel,,obama,progress,10/15/2012,https://www.federalregister.gov/documents/2012/10/15/2012-21972/2017-and-later-model-year-light-duty-vehicle-greenhouse-gas-emissions-and-corporate-average-fuel,,obama,progress,4/13/2018,https://www.federalregister.gov/documents/2018/04/13/2018-07364/mid-term-evaluation-of-greenhouse-gas-emissions-standards-for-model-year-2022-2025-light-duty,Withdrawn,trump,block,A rule setting corporate average fuel economy standards for passenger vehicles for model years 2022 through 2025.,"The Energy Independence and Security Act of 2007 requires the Department of Transportation (DoT) to set corporate average fuel economy (CAFE) standards at a ""maximum feasible level"" for new cars and trucks. In 2012, the Obama administration finalized new, stricter CAFE standards. On January 13, 2017, just one week before President Trump's inauguration, EPA, DoT, and CARB issued their final technical assessment report, which concluded that automakers were capable of meeting the augural standards for 2022-2025. This determination would have allowed the augural standards to go into effect; however, no document was issued in the Federal Register, and de novo rulemaking to set legally binding standards did not commence.","Finalized in October 2012, the CAFE standards passed by the Obama administration steadily increased the average fuel efficiency requirements for new passenger vehicles to 54.5 miles per gallon by 2025. Due to statutory requirements, the CAFE program was split into two phases: Phase 1 included final standards for model years 2017-2021, and Phase 2 set ""augural"" standards for model years 2022-2025.",,"The Trump administration withdrew the Obama administration's final technical assessment report on April 13, 2018."
13,338,1,11/19/2021,In rulemaking,Y,,,Rulemaking - Overturning and replacing Trump,"Environmental
Transportation","EPA, DoT","Environmental Protection Agency, Department of Transportation",CAFE standards: State waivers,CAFE standards: State waivers,9/27/2019,https://www.federalregister.gov/documents/2019/09/27/2019-20672/the-safer-affordable-fuel-efficient-safe-vehicles-rule-part-one-one-national-program,,trump,progress,9/27/2019,https://www.federalregister.gov/documents/2019/09/27/2019-20672/the-safer-affordable-fuel-efficient-safe-vehicles-rule-part-one-one-national-program,,trump,progress,11/26/2019,https://www.federalregister.gov/documents/2019/09/27/2019-20672/the-safer-affordable-fuel-efficient-safe-vehicles-rule-part-one-one-national-program,,trump,progress,A rule establishing the preemption of federal fuel economy standards over state emissions standards.,"While DoT is responsible for setting national fuel economy standards, Section 209 of the Clean Air Act allows the state of California to request a waiver from EPA in order to enact emissions standards for new motor vehicles that are stricter than the federal government's. Furthermore, Section 177 of the Clean Air Act allows other states to adopt higher motor vehicle emissions standards without approval from EPA. California and various other states have used these provisions for decades to adopt emissions standards more stringent than national CAFE standards provide. On September 27, 2019, EPA published a final rule revoking California's right to set separate standards and promote one national program of fuel economy.","The Safer Affordable Fuel-Efficient (SAFE) Vehicles rule went into effect under the Trump administration on November 26, 2019. The first part of the rule revoked California's waiver, barring the state from enacting its own tailpipe emissions standards. The first part of the rule also proposed regulatory text that implemented DoT's statutory authority to set nationally applicable fuel standards that would preempt any state emissions regulations.","On September 20, 2019, California and 23 states filed suit against this action.","The Biden administration released a notice of proposed rulemaking to partially rescind the SAFE Vehicles rule and to reconsider reinstating California's waiver in April and May 2021."
14,"12,360",2,11/19/2021,In effect,Y,,,Rulemaking - Overturning and replacing Trump,"Environmental
Transportation","EPA, DoT","Environmental Protection Agency, Department of Transportation",Corporate Average Fuel Economy (CAFE) standards,Replacing CAFE standards,8/24/2018,https://www.federalregister.gov/documents/2018/08/24/2018-16820/the-safer-affordable-fuel-efficient-safe-vehicles-rule-for-model-years-2021-2026-passenger-cars-and,,trump,progress,4/30/2020,https://www.federalregister.gov/documents/2020/04/30/2020-06967/the-safer-affordable-fuel-efficient-safe-vehicles-rule-for-model-years-2021-2026-passenger-cars-and,,trump,progress,6/29/2020,https://www.federalregister.gov/documents/2020/04/30/2020-06967/the-safer-affordable-fuel-efficient-safe-vehicles-rule-for-model-years-2021-2026-passenger-cars-and,,trump,progress,A rule weakening vehicle fuel economy standards for model years 2021-2026.,"On August 24, 2018, EPA and the National Highway Traffic Safety Administration (NHTSA) released a notice of proposed rulemaking to implement the Safer Average Fuel-Efficient (SAFE) Vehicles rule in place of CAFE standards. This rule rolled back fuel efficiency standards for passenger cars and light trucks.","The second part of the SAFE Vehicles rule increases the stringency of CAFE standards and CO2 emissions standards by 1.5 percent per year over model years (MY) 2021-2026. The final increase is different from the 2018 notice of proposed rulemaking, which proposed to freeze the increase of CAFE standards. Obama-era standards, on the other hand, would have increased the stringency of the efficiency standards by 5 percent per year. While these Obama-era standards would have required vehicle manufacturers to average 54 miles per gallon by 2026, the new SAFE standards allow an average of 40 miles per gallon by 2026.","On May 27, 2020, a coalition of 24 state attorneys general led by California sued EPA, claiming the proposal was a violation of the Clean Air Act.",
15,,,5/22/2018,Rescinded,Y,CRA,Guidance nullified by the Congressional Review Act,,"Financial
Children, Youth, and Families",CFPB,Consumer Financial Protection Bureau,,Dealer Markups Guidance,,,,,,,,,,,,,,,,Nullification of guidance prohibiting car dealers from charging higher interest rates based on race.,"In March 2013, the Consumer Financial Protection Bureau (CFPB) issued guidance for compliance with the Equal Credit Opportunity Act, which prohibits car dealers from discriminating against lenders on the basis of race. The guidance targeted ""dealer markups,"" whereby car dealers charge additional interest on top of what third-party lenders charge, which research has shown disproportionately affects people of color. In late 2017, Senator Pat Toomey (R-PA) asked the Government Accountability Office (GAO) whether this guidance qualified as a ""rule"" for the purposes of the Congressional Review Act (CRA), which gives Congress the power to nullify agency rules. On December 5, 2017, the GAO responded in the affirmative that Congress does have the power to disapprove of guidance under the CRA, settling a long disputed legal matter. Normally, the CRA allows Congress to overturn rules within 60 legislative days of their enactment; but because the dealer markups guidance was never technically submitted to Congress for review as a formal rule under the Administrative Procedure Act, the 60-day countdown never commenced. Following the GAO's determination, Senator Jerry Moran (R-KS) introduced a joint resolution of disapproval of the guidance on March 22, 2018, which passed the Senate on April 18. The resolution passed the House on May 8, and was signed into law by President trumpon May 21, 2018, nullifying the guidance.",,,
16,17,1,8/15/2018,Delayed,Y,,,,"Education
Children, Youth, and Families",DoEd,Department of Education,Gainful Employment Regulations,Gainful Employment Regulations,3/25/2014,https://www.federalregister.gov/documents/2014/03/25/2014-06000/program-integrity-gainful-employment,,obama,progress,10/31/2014,https://www.federalregister.gov/documents/2014/10/31/2014-25594/program-integrity-gainful-employment,,obama,progress,7/1/2019,https://www.federalregister.gov/documents/2018/06/18/2018-13054/program-integrity-gainful-employment,Delayed,trump,block,A rule establishing minimum standards for student loan repayment and requiring disclosure of gainful employment statistics for colleges.,"The Gainful Employment Regulations, finalized in October 2014, established an accountability and transparency framework for assessing program performance at institutions receiving Title IV funds. To receive federal funding, the regulations required institutions to prepare students for ""gainful employment in a recognized occupation"" and established minimum standards for programs' typical student debt-to-earnings ratios and default rates. The rules were intended to increase the economic returns on federal aid program investments, and protect students from amassing student loans that they could not repay. The final regulations stated that the DoEd would develop a disclosure template for institutions to disclose relevant information and data about gainful employment.
The disclosure template was released on January 19, 2017, one day before President Trump's inauguration. The press release stated that institutions had until April 3, 2017, to update their gainful employment disclosures using the new template. But on March 6, 2017, the DoEd delayed the compliance date to July 1, 2017, and on June 16, 2017, announced its intent to undergo negotiated rulemaking on new regulations. On July 5, 2017, the compliance dates were extended again, to July 1, 2018, and on June 18, 2018, they were extended again, to July 2019. In August 2017, Brookings scholars urged the trumpadministration not to change the Gainful Employment Regulations.",,,
17,16,2,8/15/2018,In rulemaking,Y,,,,"Education
Children, Youth, and Families",DoEd,Department of Education,Gainful Employment Regulations,Rescission,8/14/2018,https://www.federalregister.gov/documents/2018/08/14/2018-17531/program-integrity-gainful-employment,,trump,progress,,,,,,,,,,,Rescission of Gainful Employment rule.,"Critics of the Gainful Employment rules argue that it disproportionately punishes for-profit colleges. On August 10, 2018, The DoEd announced that it proposed to rescind the Gainful Employment regulations in order to provide ""useful, transparent higher education data to students and treat all institutions of higher education fairly."" In justifying its decision, the DoEd argued that existing research undermines the validity of the metrics used for Gainful Employment standards, and that disclosure requirements were overly burdensome. The DoEd did state that it will offer more specific program-level outcomes data through the College Scorecard--a goal of Obama officials who launched the consumer information tool. A formal proposed rule was published in the Federal Register on August 14, 2018. The public will be able to submit comments on the proposed rescission by September 13, 2018.",,,
18,19,1,2/22/2018,Rescinded,Y,,,,"Environmental
Children, Youth, and Families",DoI,Department of the Interior,Methane and Waste Prevention Rule,Methane and Waste Prevention Rule,2/8/2016,https://www.federalregister.gov/documents/2016/02/08/2016-01865/waste-prevention-production-subject-to-royalties-and-resource-conservation,,obama,progress,11/18/2016,https://www.federalregister.gov/documents/2016/11/18/2016-27637/waste-prevention-production-subject-to-royalties-and-resource-conservation,,obama,progress,1/17/2019,https://www.federalregister.gov/documents/2017/12/08/2017-26389/waste-prevention-production-subject-to-royalties-and-resource-conservation-delay-and-suspension-of,Delayed,obama,progress,"A rule regulating waste of natural gas from venting, flaring, and leaks during oil and natural gas production.","The Obama Interior Department rule, often referred to simply as ""the Methane Rule,"" regulated the gas released into the atmosphere during oil and natural gas production through venting (the controlled release of gases into the atmosphere), flaring (the controlled burning of natural gas), and equipment leaks. Shortly after the rule was issued, industry groups and several states sought a preliminary injunction in a U.S. District Court in Wyoming, but were denied on January 16, 2017, and the rule went into effect the following day. The House of Representatives passed a Congressional Review Act resolution to nullify the rule, but it was narrowly defeated in the Senate, 49-51.
On March 28, 2017, President Trump issued Executive Order 13783, which directed the interior secretary to review the rule; the DoI review found that ""many provisions of the rule would add regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation."" On June 15, 2017, the DoI issued a notice postponing the January 2018 compliance dates, pending judicial review. On October 4, 2017, a U.S. District Court in California issued a ruling vacating the DoI's notice of indefinite suspension, stating that it was in violation of the Administrative Procedure Act. On October 5, 2017, the Trump administration's DoI proposed a delay and suspension of certain requirements of the rule until January 17, 2019. On December 8, 2017, DoI published a final rule enacting this delay. States and environmental groups quickly filed lawsuits, setting the stage for another round of litigation. On February 22, 2018, the Trump Interior Department proposed to repeal most of the requirements of the Obama-era Methane Rule.",,,
19,18,2,7/16/2020,Rescinded,Y,,,,"Environmental
Children, Youth, and Families",DoI,Department of the Interior,Methane and Waste Prevention Rule,Recission or Revision of Requirements,2/22/2018,https://www.federalregister.gov/documents/2018/02/22/2018-03144/waste-prevention-production-subject-to-royalties-and-resource-conservation-rescission-or-revision-of,,trump,progress,9/28/2018,https://www.federalregister.gov/documents/2018/09/28/2018-20689/waste-prevention-production-subject-to-royalties-and-resource-conservation-rescission-or-revision-of,,trump,progress,7/15/2020,https://earthjustice.org/sites/default/files/files/ygr_summary_judgment_order.pdf,,court,block,Recissions and revisions of certain Methane and Waste Prevention rule requirements.,"On February 22, 2018, the DoI proposed a new Methane Rule, which would repeal or revise most parts of the Obama-era Methane Rule. It rescinded various requirements regarding waste-minimization plans, gas-capture percentages, well drilling, and other areas, and reinstates some pre-2016 regulations that were first developed in the 1970s. This rule change was expected to delay the detection and repair of natural gas leaks, and increase methane emissions. On July 15, 2020, a federal judge in California blocked this rollback by stating that DoI ""ignored its statutory mandate under the Mineral Leasing Act, repeatedly failed to justify numerous reversals in policy positions previously taken, and failed to consider scientific findings and institutions relied upon by both prior Republican and Democratic administrations.""",,,
20,21,1,2/20/2018,Rescinded,Y,,,,Telecom,FCC,Federal Communications Commission,Net Neutrality,Net Neutrality,7/1/2014,https://www.federalregister.gov/documents/2014/07/01/2014-14859/protecting-and-promoting-the-open-internet,,obama,progress,4/13/2015,https://www.federalregister.gov/documents/2015/04/13/2015-07841/protecting-and-promoting-the-open-internet,,obama,progress,6/11/2018,https://www.federalregister.gov/documents/2018/05/11/2018-10063/restoring-internet-freedom,Rescinded,trump,block,"A rule regulating internet service providers as ""common carriers"" under Title II of the Communications Act of 1934.","Net Neutrality is the principle that internet service providers must not discriminate or charge differentially by user, content, or website. In December 2010, the Federal Communications Commission (FCC) issued the Open Internet Order, a set of regulations intending to move toward the establishment of Net Neutrality.
Verizon challenged the order, and January 14, 2014, the D.C. Circuit Court ruled that the FCC could only enforce the Open Internet Order on ""common carriers"" as defined under Title II of the Communications Act of 1934 (at the time, internet service providers were classified under Title I). On May 15, 2014, the FCC issued a notice of proposed rulemaking seeking comment on whether internet service providers should be reclassified as ""common carriers,"" which would de facto preserve Net Neutrality. During the 90-day notice and comment period, the FCC received more than 3.7 million comments, the vast majority of which were in support of Net Neutrality, crashing the FCC's servers.
On November 10, 2014, President Obama urged the FCC to protect Net Neutrality by reclassifying internet service under Title II. On February 26, 2015, the FCC voted 3-2 to reclassify internet service providers as common carriers, thereby preserving Net Neutrality. The rule was finalized on April 13, 2015, and became effective June 12, 2015. The U.S. Telecom Association proceeded to file suit, but on June 14, 2016, the D.C. Circuit Court upheld the rule. On December 14, 2017, the FCC, headed by Chairman Ajit Pai, a trumpappointee, voted 3-2 to repeal Net Neutrality.",,,
21,20,2,5/16/2018,Rescinded,Y,,,,Telecom,FCC,Federal Communications Commission,Net Neutrality,Repeal,6/2/2017,https://www.federalregister.gov/documents/2017/06/02/2017-11455/restoring-internet-freedom,,trump,progress,2/22/2018,https://www.federalregister.gov/documents/2018/02/22/2018-03464/restoring-internet-freedom,,trump,progress,6/11/2018,https://www.federalregister.gov/documents/2018/05/11/2018-10063/restoring-internet-freedom,,trump,progress,Repeal of Net Neutrality.,"Effective June 12, 2015, internet service providers were reclassified as ""common carriers"" under Title II of the Communications Act of 1934, thereby preserving Net Neutrality. On April 26, 2017, Federal Communications Commission (FCC) chairman Ajit Pai announced plans to roll back Net Neutrality, stating that internet service providers should instead voluntarily commit to the principle. On April 27, 2017, the FCC issued a notice of proposed rulemaking to roll back Net Neutrality, which was titled ""Restoring Internet Freedom."" Around the same time, the D.C. Circuit Court declined to reconsider the June 2016 ruling that upheld Net Neutrality. During the 90-day notice and comment period, the FCC received a record 9 million comments, again crashing its servers. On November 21, 2017, the FCC announced its intention to repeal Net Neutrality at its December 14 meeting. Brookings Visiting Fellow Tom Wheeler, who was chairman of the FCC when Net Neutrality was first established, was immediately critical of Chairman Pai's decision. On December 14, 2017, the FCC, as expected, voted 3-2 to repeal Net Neutrality. Immediately following the vote, Senator Ed Markey (D-MA) announced his intention to introduce a joint resolution of disapproval under the Congressional Review Act, and New York state attorney general Eric Schneiderman announced his intention to sue. On February 22, 2018, the final rule repealing Net Neutrality was published in the Federal Register, triggering a flurry of lawsuits. In addition, CRA resolutions were introduced in the House and Senate. Under the Congressional Review Act, joint resolutions of disapproval that have been in committee for 20 or more days can be discharged from committee by a petition supported by at least 30 senators. On May 16, 2018, the resolution passed the Senate, 52-47. It will now head to the House, where it is unlikely to pass.",,,
22,,,11/18/2021,Rescinded,Y,,,Rulemaking - Overturning Trump,Environmental,EPA,Environmental Protection Agency,Scientific Transparency Rule,Scientific Transparency Rule,4/30/2018,https://www.federalregister.gov/documents/2018/04/30/2018-09078/strengthening-transparency-in-regulatory-science,,trump,progress,1/6/2021,https://www.federalregister.gov/documents/2021/01/06/2020-29179/strengthening-transparency-in-pivotal-science-underlying-significant-regulatory-actions-and,,trump,progress,1/6/2021,https://news.bloomberglaw.com/environment-and-energy/epa-seizes-on-secret-science-ruling-in-bid-to-nix-trump-rule,Overturned,court,block,A rule requiring scientific studies used to inform EPA rulemaking to have their underlying data made publicly available.,"On April 30, 2018, the Environmental Protection Agency (EPA) proposed the controversial Scientific Transparency Rule. This rule requires scientific studies used to inform EPA rulemaking to have their underlying data made publicly available. The rule was further reinforced with a supplemental rule proposed on March 18, 2020 clarifying its applications to regulatory science. The Trump administration finalized this rule on January 6, 2021, and it was made effective the same day.","The rule requires EPA to only consider studies that are based on data that is publicly available in its regulatory process. If the data used in a study is not public, often due to confidentiality of the information incorporated in the data (e.g., medical records), EPA may not use that study to make regulatory decisions (even if the study is published, reputable, and peer-reviewed). The supplemental notice further expanded the scope of the Scientific Transparency Rule, stating that the public data requirements applied not only to regulations, but also to influential scientific information published by EPA.","A coalition of 21 state and local governments led by New York State filed a lawsuit against EPA over the rule on January 19, 2021. On February 1, 2021, the US District Court for the District of Montana vacated the rule.","On June 2, 2021, EPA published a final rule vacating the regulatory provisions of the Scientific Transparency Rule, in line with the ruling from the US District Court. The vacatur was retroactively effective May 28, 2021."
24,25,1,12/30/2019,Delayed,,,,,Environmental,EPA,Environmental Protection Agency,Accidental Chemical Release Prevention Rule,Accidental Chemical Release Prevention Rule,3/14/2016,https://www.federalregister.gov/documents/2016/03/14/2016-05191/accidental-release-prevention-requirements-risk-management-programs-under-the-clean-air-act,,obama,progress,1/13/2017,https://www.federalregister.gov/documents/2017/01/13/2016-31426/accidental-release-prevention-requirements-risk-management-programs-under-the-clean-air-act,,obama,progress,2/19/2019,https://www.federalregister.gov/documents/2017/06/14/2017-12340/accidental-release-prevention-requirements-risk-management-programs-under-the-clean-air-act-further,Delayed,trump,block,A rule to improve safety at facilities that use and distribute hazardous chemicals.,"In response to an April 17, 2013 explosion at the West Fertilizer facility in West, Texas, President Obama on August 1, 2013 issued an executive order regarding safety and security risks associated with the storage of hazardous chemicals. In response, on January 13, 2017, the Environmental Protection Agency (EPA) made several changes to the accident prevention program requirements, including an additional analysis of safer technology and alternatives.
On February 28, 2017, a group known as the RMP Coalition submitted a petition requesting a stay pending reconsideration and judicial review. On March 13, 2017, EPA administrator Scott Pruitt announced he would convene a proceeding for reconsideration of the rule, and on March 16, the EPA announced a 90-day delay of the effective date, to June 19, 2017. On April 3, 2017, the effective date was delayed again, until February 19, 2019. On July 24, 2017, eleven states sued the EPA for delaying the rule.
On August 17, 2018, the D.C. Circuit vacated EPA's delay, and on September 21, 2018, the D.C. circuit placed its elimination of the delay into effect. Subsequently, on December 3, 2018, EPA announced that the rule was in effect.",,,
25,24,2,12/30/2019,In effect,,,,,Environmental,EPA,Environmental Protection Agency,Accidental Chemical Release Prevention Rule,Rescission,5/30/2018,https://www.federalregister.gov/documents/2018/05/30/2018-11059/accidental-release-prevention-requirements-risk-management-programs-under-the-clean-air-act,,trump,progress,12/19/2019,https://www.federalregister.gov/documents/2019/12/19/2019-25974/accidental-release-prevention-requirements-risk-management-programs-under-the-clean-air-act,,trump,progress,12/19/2019,https://www.federalregister.gov/documents/2019/12/19/2019-25974/accidental-release-prevention-requirements-risk-management-programs-under-the-clean-air-act,,trump,,Rescission of the Accidental Chemical Release Prevention Rule.,"On January 13, 2017, the Environmental Protection Agency (EPA) made several changes to the accident prevention program requirements, including an additional analysis of safer technology and alternatives. On March 16, 2017, the EPA issued a 90-day delay of the rule, and issued a second, longer delay on April 3, 2018. These delays were accompanied by legal challenges from regulated industry, including RMP coalition. On May 30, 2018, the EPA proposed several repealing amendments to the delayed 2017 final rule.
On December 19, 2019, EPA finalized these amendments, effective immediately.",,,
26,,,5/1/2018,In effect,,,,,Other,VA,Department of Veterans Affairs,,Acquisition Regulations,5/17/2017,https://www.federalregister.gov/documents/2017/05/17/2017-09158/revise-and-streamline-va-acquisition-regulation-to-adhere-to-federal-acquisition-regulation,,trump,progress,4/16/2018,https://www.federalregister.gov/documents/2018/04/16/2018-07833/revise-and-streamline-va-acquisition-regulation-to-adhere-to-federal-acquisition-regulation,,trump,progress,5/16/2018,,,trump,progress,A rule revising and streamlining acquisition regulations at the Department of Veterans Affairs.,"This rule revises and streamlines acquisition regulations at the Department of Veterans Affairs. This rule is considered a deregulatory action under Executive Order 13771.",,,
27,,,2/12/2018,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,Additional Monitoring Requirements for Pressure Relief Devices: Rescission,8/7/2017,https://www.federalregister.gov/documents/2017/08/07/2017-16494/national-emission-standards-for-hazardous-air-pollutants-off-site-waste-and-recovery-operations,,trump,progress,1/29/2018,https://www.federalregister.gov/documents/2018/01/29/2018-01512/national-emission-standards-for-hazardous-air-pollutants-off-site-waste-and-recovery-operations,,trump,progress,1/29/2018,,,trump,progress,Rescission of a rule that added additional monitoring requirements for pressure relief devices on containers used in off-site waste and recovery operations for hazardous air pollutants.,"In March 2015, the Environmental Protection Agency (EPA) issued a rule that, among other things, required continuous monitoring of pressure relief devices (PRDs) on containers used in off-site waste and recovery operations for hazardous air pollutants. In May 2015, Eastman Chemical Company and the American Chemical Council petitioned the EPA to reconsider the PRD provision, and on February 6, 2016, the EPA granted the petition. The additional monitoring requirements for PRDs were removed in a final rule issued January 29, 2018.",,,
28,,,8/24/2018,Delayed,,,,,"Other
Children, Youth, and Families",HHS,Department of Health and Human Services,,Adoption and Foster Care Analysis and Reporting System - Delay,4/7/2016,https://www.federalregister.gov/documents/2016/04/07/2016-07920/adoption-and-foster-care-analysis-and-reporting-system,,obama,progress,12/14/2016,https://www.federalregister.gov/documents/2016/12/14/2016-29366/adoption-and-foster-care-analysis-and-reporting-system,,obama,progress,8/21/2018,https://www.federalregister.gov/documents/2018/08/21/2018-17947/adoption-and-foster-care-analysis-and-reporting-system,Delayed,trump,block,An Obama-era rule regulating the Adoption and Foster Care Analysis and Reporting System.,"On 14 December 2016, the Administration for Children and Families (ACF) finalized a rule requiring title IV-E agencies to collect and report data to ACF on certain children (children in out-of-home care, and who exit out-of-home care to adoption or legal guardianship, children in out-of-home care who are covered by the Indian Child Welfare Act, and children who are covered by title IV-E adoption or guardianship assistance agreement) within the Adoption and Foster Care Analysis and Reporting System (AFCARS). This rule was scheduled to take effect on October 1, 2019. On 15 March 2018, the Children's Bureau issued a notice of proposed rulemaking to delay the effective date of the 2016 AFCARS rule to October 1, 2021. On 21 August 2018, ACF finalized a rule delaying the effective date of the AFCARS 2016 rule to October 1, 2020.",,,
29,,,12/7/2018,In effect,,,,,"Housing
Children, Youth, and Families",FHFA,Federal Housing Finance Agency,,Affordable Housing Program Amendments,3/14/2018,https://www.federalregister.gov/documents/2018/03/14/2018-04745/affordable-housing-program-amendments,,trump,progress,11/28/2018,https://www.federalregister.gov/documents/2018/11/28/2018-25635/affordable-housing-program-amendments,,trump,progress,12/28/2018,https://www.federalregister.gov/documents/2018/11/28/2018-25635/affordable-housing-program-amendments,,trump,progress,Amendments to a rule governing Federal Home Loan Banks.,"The Federal Home Loan Bank Act requires each Federal Home Loan Bank to establish an affordable housing program to enable members to provide subsidies for long-term, low- and moderate-income, owner-occupied, and affordable rental housing. This proposed rule invites comment on several amendments to the regulations governing Federal Home Loan Banks, among others, giving Federal Home Loan Banks additional authority to allocate their Affordable Housing Program funds and relaxing or streamlining certain regulatory requirements. The final rule was published on the Federal Register on November 28, 2018, and will be effective December 28.",,,
30,,,12/20/2017,In rulemaking,,,,,Financial,NCUA,National Credit Union Administration,,Alternative Capital Rule,2/8/2017,https://www.federalregister.gov/documents/2017/02/08/2017-01713/alternative-capital,,trump,progress,,,,,,,,,,,A rule allowing all federally insured credit unions to issue secondary and supplemental capital.,"On February 8, 2017, the National Credit Union Administration (NCUA) published an advanced notice of proposed rulemaking regarding required capital standards for credit unions and the issuance of secondary and supplemental capital. The NCUA Regulatory Reform Task Force, formed in response to an executive order by President Trump, issued a subsequent notice indicating that alternative capital measures were important targets in the NCUA's regulatory reform agenda.",,,
31,,,2/12/2019,In effect,,,,,Telecom,FCC,Federal Communications Commission,,Broadcast License Posting Rule: Elimination,7/2/2018,https://www.federalregister.gov/documents/2018/07/02/2018-13282/amendment-of-parts-0-1-5-73-and-74-of-the-commissions-rules-regarding-posting-of-station-licenses,,trump,progress,2/8/2019,https://www.federalregister.gov/documents/2019/02/08/2019-01491/posting-of-station-licenses-and-related-information,,trump,progress,2/8/2019,https://www.federalregister.gov/documents/2019/02/08/2019-01491/posting-of-station-licenses-and-related-information,,trump,progress,A rule eliminating the requirement for broadcasters to post and maintain broadcast licenses and related information in specific locations.,"The Federal Communications Commission (FCC) originally adopted broadcast license posting rules in 1930, which require broadcasters to post and maintain licenses and related information in specific locations. These rules were expanded over time to apply to new services that were deployed by broadcasters. These requirements ensure that station authorizations, ownership, and contact information is readily available and easily accessible to the FCC and public. Given that most of the information that is required to be displayed or maintained under there rules is readily accessible online, the FCC proposed to eliminate certain requirements on July 2, claiming that the rules are redundant and obsolete. The rule was finalized and effective on February 8, 2019.",,,
32,,,3/26/2018,In rulemaking,,,,,Telecom,FCC,Federal Communications Commission,,Broadcast Mid-Term Report: Elimination,3/21/2018,https://www.federalregister.gov/documents/2018/03/21/2018-05726/elimination-of-obligation-to-file-broadcast-mid-term-report-form-397,,trump,progress,,,,,,,,,,,Elimination of the requirement for broadcasters to file mid-term report (Form 397).,"The Communications Act of 1934 requires the Federal Communications Commission (FCC) to perform a mid-term review of broadcast stations' employment practices. To facilitate mid-term reviews, the FCC adopted Form 397 in 2003. Because nearly all the information in Form 397 is also available in stations' public inspection files, the FCC believes Form 397 is no longer needed to facilitate implementation of its mid-term review obligations, and proposes to eliminate the filing requirement, noting that is has become ""redundant and unnecessarily burdensome.""",,,
33,,,5/1/2018,In rulemaking,,,,,Telecom,FCC,Federal Communications Commission,,Cable Channel Lineup Requirements: Elimination,5/1/2018,https://www.federalregister.gov/documents/2018/05/01/2018-09065/channel-lineup-requirements-modernization-of-media-regulation-initiative,,trump,progress,,,,,,,,,,,A rule eliminating requirements for cable providers to maintain a list of their current channel lineup.,"The Federal Communications Commission (FCC) requires cable operators to maintain at their local office a current list of the cable television channels that each cable system delivers to its subscribers, and also requires certain cable operators to make their channel lineup available via their online public inspection file. The FCC is proposing to eliminate these requirements because channel lineup information is easily available from other sources.",,,
34,,,7/12/2018,In rulemaking,,,,,Health,FDA,Food and Drug Administration,,Calorie Labeling Rule,7/12/2018,https://www.federalregister.gov/documents/2018/07/12/2018-14906/food-labeling-calorie-labeling-of-articles-of-food-sold-from-certain-vending-machines-front-of,,trump,progress,,,,,,,,,,,A rule revising the type size labeling requirements for front of package calorie declarations for packaged food sold from glass front vending machines.,"The Calorie Labeling Rule for vending machines, issued in December 2014, requires that the type size of the calorie declaration for articles of food sold from certain vending machines be at least 50 percent of the size of the largest printed matter on the label. After the rule was issued, the vending and packaged food industries complained that the rule was overly burdensome. On July 12, 2018, the Food and Drug Administration proposed instead to require that the type size of the calorie declaration on the front of the package be at least 150 percent the size of the net weight declaration on the package. This rule is expected to be an E.O. 13771 deregulatory action.",,,
35,,,12/19/2017,Delayed,,,,,Health,DoL,Department of Labor,,Claims and Appeals Procedure for Employee Benefits Plans Providing Disability Benefits,11/18/2015,https://www.federalregister.gov/documents/2015/11/18/2015-29295/claims-procedure-for-plans-providing-disability-benefits,,obama,progress,12/19/2016,https://www.federalregister.gov/documents/2016/12/19/2016-30070/claims-procedure-for-plans-providing-disability-benefits,,obama,progress,4/1/2018,https://www.federalregister.gov/documents/2017/11/29/2017-25729/claims-procedure-for-plans-providing-disability-benefits-90-day-delay-of-applicability-date,Delayed,trump,block,A rule modifying the claims and appeals procedure for adjudicating disability income claims.,"On December 12, 2016, the Department of Labor (DoL) published a final rule modifying the procedural steps insurers and employerse must take when adjudicating disability income claims of ERISA-covered employees. In general, the rule sought to replicate the process for adjudicating medical claims set up by the Affordable Care Act (ACA), including certain transparency provisions and the right to review and respond to new evidence. Importantly, the new rule automatically triggered the claims process following retroactive termination of benefits. Critics of the rule claimed the new procedural requirements would increase plan costs, resulting in a possible net decrease of benefits. Siding with these critiques, the trumpAdministration issued a 90-day delay of the rule on November 29, 2017, setting the new effective date at April 1, 2018, and is currently considering regulatory alternatives.",,,
36,,,4/9/2018,In effect,,,,,Financial,"Treasury, Fed, FDIC","Department of the Treasury, Federal Reserve Board, Federal Deposit Insurance Corporation",,Commercial Real Estate Appraisal Rule,7/31/2017,https://www.federalregister.gov/documents/2017/07/31/2017-15748/real-estate-appraisals,,trump,progress,4/9/2018,https://www.federalregister.gov/documents/2018/04/09/2018-06960/real-estate-appraisals,,trump,progress,4/9/2018,,,trump,progress,A rule raising the threshold for which commercial real estate transactions require an appraisal.,"Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 directs federal agencies charged with regulating financial institutions to publish appraisal regulations for federally related transactions within its jurisdiction. The purpose of Title IX is to ensure that appraisals used in connection with federally related real estate transactions are performed in accordance with uniform standards. The agencies have the authority to determine which real estate transactions require the services of a state certified or state licensed appraiser for purposes of administering Title IX. In July 2017, the relevant federal agencies proposed to increase the threshold for which commercial real estate transactions required an appraisal, from $250,000 to $400,000. The final rule, published on April 9, 2018, raised the threshold from $250,000 to $500,000.",,,
37,,,12/20/2017,In effect,,,,,Financial,NCUA,National Credit Union Administration,,Corporate Credit Unions Rule,7/3/2017,https://www.federalregister.gov/documents/2017/07/03/2017-13642/corporate-credit-unions,,trump,progress,11/22/2017,https://www.federalregister.gov/documents/2017/11/22/2017-25223/corporate-credit-unions,,trump,progress,12/22/2017,,,trump,progress,A rule amending regulations governing corporate credit unions.,"In 2010, the National Credit Union Administration (NCUA) comprehensively revised the regulations governing corporate credit unions and their activities to provide long-term structural enhancements to the corporate system. In July 2017, the NCUA proposed to remove the requirement to limit ""perpetual contributed capital"" counted as Tier 1 capital. Additionally, the NCUA added a formal definition of the ""retained earnings ratio."" After achieving a retained earnings ratio of of 2.5 percent, a corporate credit union would be permitted to include all perpetual contributed capital in its Tier 1 capital. The NCUA believes this requirement will induce credit unions to build retained earnings.",,,
38,,,6/20/2019,Delayed,,,,,Health,FDA,Food and Drug Administration,,Deeming Rule,4/25/2014,https://www.federalregister.gov/documents/2014/04/25/2014-09491/deeming-tobacco-products-to-be-subject-to-the-federal-food-drug-and-cosmetic-act-as-amended-by-the,,obama,progress,5/10/2016,https://www.federalregister.gov/documents/2016/05/10/2016-10685/deeming-tobacco-products-to-be-subject-to-the-federal-food-drug-and-cosmetic-act-as-amended-by-the,,obama,progress,8/8/2021,https://www.federalregister.gov/documents/2017/08/10/2017-16839/extension-of-certain-tobacco-product-compliance-deadlines-related-to-the-final-deeming-rule-guidance,Delayed*,trump,block,"A rule expanding the definition of ""tobacco products"" for the purposes of FDA regulation.","In May 2016, the Food and Drug Administration (FDA) finalized the Deeming Rule, which expanded the types of tobacco products subject to the FDA regulation. The Tobacco Control Act explicitly authorizes the FDA to regulate cigarettes, cigarette tobacco, and smokeless tobacco; it also grants the FDA authority to deem other tobacco products subject to regulation. The Deeming Rule expanded the FDA's regulatory authority to include such products as e-cigarettes, hookah, vaporizers, cigars, and pipe tobacco. The final rule required manufacturers to submit applications to the FDA by August 2018 for all newly deemed tobacco products on the market since February 2007.
Nicopure, an e-cigarette manufacturer, immediately filed suit, claiming the Deeming Rule violated its First Amendment rights, but the suit was thrown out on July 21, 2017. On May 15, 2017, the FDA delayed the application deadlines by three months. On August 10, 2017, the FDA further delayed the application deadlines, to August 8, 2021 for combustive products and to August 8, 2022 for non-combustive products. On March 27, 2018, several tobacco control advocates sued the FDA for delaying the application deadlines for the Deeming Rule, claiming that the FDA's decision to delay the rule via guidance violated the notice and comment requirements of the Administrative Procedure Act.Before stepping down from his position, former Food and Drug Administration (FDA) Commissioner Scott Gottlieb moved the deadline for electronic nicotine delivery systems (ENDS) products, which are non-combustible, to 2021.
On May 15, 2019, a federal judge ruled in favor of public health groups, claiming that the FDA had sidestepped its authority by delaying the effective date of the deeming rule. Judge Paul Grimm gave each of the plaintiffs and FDA two weeks to submit a specific plan of action on moving forward with the reviews; next court actions are pending. On June 12, 2019, FDA announced the availability of final guidance for filing premarket tobacco applications for ENDS products, which was promised when the Deeming rule was proposed.",,,
39,,,11/1/2018,In effect,,,,,"Health
Labor","IRS, DoL, HHS","Internal Revenue Service, Department of Labor, Department of Health and Human Services",,Definition of Short-Term Limited-Duration Insurance,2/21/2018,https://www.federalregister.gov/documents/2018/02/21/2018-03208/short-term-limited-duration-insurance,,trump,progress,8/3/2018,https://www.federalregister.gov/documents/2018/08/03/2018-16568/short-term-limited-duration-insurance,,trump,progress,10/2/2018,,,trump,progress,"A rule lengthening the maximum duration of ""short-term limited-duration insurance"" from 3 months to 12 months, which is exempt from many requirements of the Affordable Care Act.","On October 12, 2017, President trumpissued Executive Order 13813, which directed relevant federal agencies to review certain Affordable Care Act (ACA) regulations in an effort ""to provide meaningful choice and competition between insurers,"" including review of short-term, limited-duration insurance (STLDI). STLDI is a type of health insurance coverage that is designed to fill temporary gaps in coverage when an individual is transitioning from one plan to another. Due to concerns that STLDI, which is exempt from certain ACA requirements, was being sold as a type of primary coverage, the Obama administration promulgated regulations in October 2016 stipulating that STLDI coverage must be less than three months in duration (previously, STLDI coverage could last up to one year).
On February 21, 2018, the Department of Health and Human Services (HHS) proposed to re-lengthen the maximum coverage period for STLDI to one year. The rule was finalized August 3, 2018 and was effective on October 2, 2018. This is a deregulatory action under E.O. 13771. On October 9, 2018, Senate Democrats filed a discharge petition to begin the process of forcing a vote on a resolution that would overturn the rule. On October 10, the effort to overturn the rule failed in a 50-50 vote.",,,
40,41,,10/19/2017,Unchanged,,,,,Environmental,EPA,Environmental Protection Agency,Dental mercury waste rule,Dental effluent guidelines,10/22/2014,https://www.federalregister.gov/documents/2014/10/22/2014-24347/effluent-limitations-guidelines-and-standards-for-the-dental-category,,obama,progress,6/14/2017,https://www.federalregister.gov/documents/2017/06/14/2017-12338/effluent-limitations-guidelines-and-standards-for-the-dental-category,,obama,progress,7/14/2017,https://www.federalregister.gov/documents/2017/06/14/2017-12338/effluent-limitations-guidelines-and-standards-for-the-dental-category,Stayed,court,progress,A rule addressing mercury waste discharged from dental offices into publicly owned wastewater treatment plants.,"On October 22, 2014, the Environmental Protection Agency (EPA) proposed a dental mercury waste rule, which set new standards for the discharge of mercury from dental offices into municipal sewage treatment plants. EPA administrator Gina McCarthy signed the final rule on December 15, 2016, and an official draft was submitted for publication to the Federal Register, but was not published until June 14, 2017 due to deregulatory actions under the trumpadministration (see recission).",,,
41,40,,10/19/2017,,,,,,Environmental,EPA,Environmental Protection Agency,Dental mercury waste rule,Rescission,1/20/2017,,,trump,progress,6/9/2017,https://www.nrdc.org/media/2017/170609-1,,court,progress,,,,,,Recission of the Dental Mercury Waste rule.,"The trumpadministration's regulatory freeze on January 20, 2017 called far all federal agencies to ""immediately withdraw"" final rules sent to the Federal Register, but not yet published. This included the Dental Mercury Waste rule, so the EPA rescinded it. On February 1, 2017, the National Resources Defense Council filed suit, claiming the EPA could not rescind the rule absent a notice and comment period. In response to the suit, the EPA reinstated the rule on June 9, 2017; the official rule was published in the Federal Register June 14.",,,
42,,,8/6/2018,In effect,,,,,Financial,IRS,Internal Revenue Service,,Disclosure Exemptions to Certain Nonprofits,,,,,,7/16/2018,https://www.irs.gov/pub/irs-drop/rp-18-38.pdf,,trump,progress,12/31/2018,https://www.irs.gov/pub/irs-drop/rp-18-38.pdf,,trump,progress,A rule that exempts certain nonprofits from disclosing donor data in their tax filings.,"Certain tax-exempt organizations--those described in section 501(c), excluding those described in 501(c)(3) and section 527 organizations--will no longer be required to file personally identifiable details of their contributors in their annual tax returns. Previously, they were required to provide the names and addresses of their donors on the Schedule B form , the ""Schedule of Contributors."" However, these organizations must continue to retain this information in their records and make it available upon request, if required.
This rule does not change the annual returns information that is available to the public, since private taxpayer information has historically not been disclosed to the public. Nor does the rule change anything in respect to the reporting of contribution information or the administration of the tax code. The rule is expected to reduce the compliance costs concerned with reporting, on both private and government ends, and reduce the risks associated with sensitive donor information. However, while it may protect free speech and privacy, it also runs the risk of fostering political activity in the non-profit space.
A bill to eliminate Schedule B requirements was passed by the U.S. House of Representatives in 2016; however, it never made it through the Senate Finance Committee. This rule will take effect after December 31, 2018, and will apply to returns due on or after May 15, 2019.",,,
43,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,"Environmental
Financial",SEC,Securities and Exchange Commission,,Disclosure of Payments by Resource Extraction Issuers,12/23/2015,https://www.federalregister.gov/documents/2015/12/23/2015-31702/disclosure-of-payments-by-resource-extraction-issuers,,obama,,7/27/2016,https://www.federalregister.gov/documents/2016/07/27/2016-15676/disclosure-of-payments-by-resource-extraction-issuers,,obama,,9/26/2016,https://www.congress.gov/115/plaws/publ4/PLAW-115publ4.pdf,Nullified,trump,,"Nullification of a rule requiring resource extraction issuers to disclose information about payments made to the U.S. government or foreign governments for the purposes of commercial development of oil, natural gas, or minerals.","This rule mandated that resource extraction issuers disclose payments made to governments for the purposes of developing commercial oil, natural gas, or minerals. Advocates of the rule claimed that it prevented companies from bribing foreign governments and engaging in other forms of corruption. Detractors argued that the rule placed an excessive burden on U.S. companies.
On January 30, 2017, Rep. Bill Huizenga (R-MI) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 1, and passed the Senate on February 3. On February 14, 2017, the resolution was signed by President Trump and became law, nullifying the rule. This was the first successful use of the Congressional Review Act during the trumpadministration to overrule a federal regulation.",,,
44,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,"Labor
Children, Youth, and Families",DoL,Department of Labor,,Drug Tests for Unemployment Compensation,10/9/2014,https://www.federalregister.gov/documents/2014/10/09/2014-24098/federal-state-unemployment-compensation-program-middle-class-tax-relief-and-job-creation-act-of-2012,,obama,,8/1/2016,https://www.federalregister.gov/documents/2016/08/01/2016-17738/federal-state-unemployment-compensation-program-middle-class-tax-relief-and-job-creation-act-of-2012,,obama,,9/30/2016,https://www.congress.gov/115/plaws/publ17/PLAW-115publ17.pdf,Nullified,trump,,Nullification of a rule permitting states to conduct drug tests for unemployment compensation eligibility.,"The Middle Class Tax Relief and Job Creation Act of 2012 amended the Social Security Act by permitting states to conduct drug tests for unemployment compensation eligibility if the applicant was fired for drug use or if the applicant's occupation regularly conducted drug testing. The drug tests for unemployment compensation rule established which occupations fell under this umbrella.
On January 30, 2017, Rep. Kevin Brady (R-TX) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 15, and passed the Senate on March 14. On March 31, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
45,,,11/9/2017,In effect,,,,,Transportation,DoT,Department of Transportation,,Electrical Shock Protection Rule,3/10/2016,https://www.federalregister.gov/documents/2016/03/10/2016-05187/federal-motor-vehicle-safety-standards-electric-powered-vehicles-electrolyte-spillage-and-electrical,,obama,progress,9/27/2017,https://www.federalregister.gov/documents/2017/09/27/2017-20350/federal-motor-vehicle-safety-standards-electric-powered-vehicles-electrolyte-spillage-and-electrical,,trump,progress,9/27/2017,,,trump,progress,A rule giving electric car manufacturers more flexibility to design technologies to protect against electric shock after a crash.,"The Federal Motor Vehicle Safety Standards include electrical safety requirements to protect against contact with high-voltage sources during everyday operation and crashes involving motor vehicles. Manufacturers are required to meet one of two compliance options: the ""electrical isolation"" option or the ""low-voltage"" option. The electrical isolation option requires high-voltage sources in a vehicle to be electrically isolated from the vehicle's chassis, and the low-voltage option requires high-voltage sources to be at levels considered safe from harmful shock. The rule finalized September 27, 2017 adds a third option for vehicle manufacturers: the ""physical barrier compliance"" option, which allows for ""electrical protection barriers"" that enclose a high-voltage sources to prevent direct contact. The administration claims that the rule will give more flexibility to manufacturers of electric vehicles and will allow new technologies to be introduced to the U.S. market.",,,
46,,,2/13/2018,In rulemaking,,,,,Other,USPTO,U.S. Patent and Trademark Office,,Eliminating Unnecessary Regulations at the U.S. Patent and Trademark Office,1/19/2018,https://www.federalregister.gov/documents/2018/01/19/2018-00769/changes-to-eliminate-unnecessary-regulations,,trump,progress,,,,,,,,,,,A rule removing various regulations deemed unnecessary by the U.S. Patent and Trademark Office.,"This proposed rule removes various regulations deemed unnecessary or superfluous by the U.S. Patent and Trademark Office. The proposed revisions are in response to President Trump's Executive Order 13777.",,,
47,,,4/9/2018,In rulemaking,,,,,Financial,Treasury,Department of the Treasury,,Eliminating Unnecessary Regulations at the Treasury Department,4/9/2018,https://www.federalregister.gov/documents/2018/04/09/2018-07102/eliminating-unnecessary-regulations,,trump,progress,,,,,,,,,,,A rule removing regulations related to Treasury programs that are no longer in existence.,"This proposed rule removes regulations or portions of regulations related to Treasury programs that are no longer in existence. The proposed revisions are in response to President Trump's Executive Order 13777.",,,
48,,,12/20/2017,In effect,,,,,Financial,NCUA,National Credit Union Administration,,Emergency Mergers-Chartering and Field of Membership Rule,7/31/2017,https://www.federalregister.gov/documents/2017/07/31/2017-15685/emergency-mergers-chartering-and-field-of-membership,,trump,progress,12/20/2017,https://www.federalregister.gov/documents/2017/12/20/2017-27410/emergency-mergers-chartering-and-field-of-membership,,trump,progress,1/19/2018,,,trump,progress,"A rule expanding the definition of ""in danger of insolvency"" for credit unions for emergency merger purposes.","Under the Federal Credit Union Act, credit unions in danger of insolvency can merge with another credit union, without regard to common bond or other legal constraints, such as obtaining the approval of the members of the merging credit union. In 2010, the National Credit Union Administration (NCUA) issued a rule defining the term ""in danger of insolvency"" for credit unions for emergency merger purposes. Specifically, the 2010 rule established 3 net worth categories to determine whether a credit union was ""in danger of insolvency"": (i) if it will be insolvent within 24 months, (ii) if it will be ""critically undercapitalized"" within 12 months, or (iii) if it is significantly undercapitalized and will not be adequately capitalized within 36 months.
This new rule lengthens the forecast horizon for categories (i) and (ii) to 30 months and 18 months, respectively, and also adds a fourth net worth category to the definition of ""in danger of insolvency"": (iv) if a credit union has been granted or received assistance under section 208 of the Federal Credit Union Act in the 15 months before the NCUA regional office determines it to be in danger of insolvency. This rule was included among the NCUA's August 2017 Regulatory Reform Agenda.",,,
49,,,7/12/2018,Rescinded,,Guidance,Guidance rescinded by the attorney general and secretary of education,,"Education
Children, Youth, and Families","DoJ, DoEd","Department of Justice, Department of Education",,Encouraging Affirmative Action,,,,,,7/3/2018,https://www.justice.gov/opa/pr/attorney-general-jeff-sessions-rescinds-24-guidance-documents,,trump,,,,,,,Withdrawal of guidance encouraging affirmative action.,"On July 3, 2018, the Department of Justice (DoJ) and the Department of Education (DoEd) jointly announced that they would be rescinding 24 guidance documents that were determined to be ""unnecessary or improper rulemaking,"" in accordance with a November 2017 memo declaring the DoJ's end to the practice of ""regulation by guidance."" Notably, the DoJ and DoEd rescinded several guidance documents issued by the Obama administration encouraging the use of race-based admissions in colleges, including the following: two December 2011 guidance documents, a September 2013 letter and Q&A document issued after the Supreme Court ruled in Fisher v. UT Austin I, a May 2014 letter issued after the Supreme Court ruled in Schuette v. Coalition to Defend Affirmative Action, and a September 2016 Q&A document issued after the Supreme Court ruled in Fisher v. UT Austin II.",,,
50,,,8/3/2018,Rescinded,,Guidance,Guidance rescinded by secretary of the interior,,Environmental,DOI,Department of the Interior,,Endangered Species Act: Compensatory Mitigation Policy,,,,,,,,,,,,,,,,Withdrawal of a comprehensive program that required developers to compensate for the impacts of their activities on public lands.,"Compensatory mitigation is when developers must offset the unavoidable impacts of their activities on public lands, after all appropriate and practical measures are taken, by replacing or providing substitute resources or environments through restoration, establishment, enhancement, or preservation. Previously,interagency policies had established compensatory mitigation policies. For example, both the 1995 interagency policy on the establishment and operation of wetland mitigation banks (60 FR 58605, November 28, 1995) and the 2000 interagency policy on the use of in-lieu fee arrangements (65 FR 66914, November 7, 2000), establish compensatory mitigation policies, but are specific to wetland mitigation.
The Endangered Species Act Compensatory Mitigation Policy (CMP) was the first comprehensive treatment of compensatory mitigation to be issued by the Fish and Wildlife Service (Service). The primary intent of the policy was to provide Service personnel with direction and guidance in planning and implementing compensatory mitigation. It primarily did this through encouraging strategic planning at the landscape level and setting standards that mitigation programs must meet to achieve conservation that is effective and sustainable. The rule was finalized and effective on December 27, 2016.
On November 6, 2017, the Service issued a request for comment for both this rule and for its Mitigation Policy, intending to solicit input regarding the removal of net conservation gain as a mitigation planning goal in its mitigation policies. On July 30, 2018, the Fish and Wildlife Service withdrew the Compensatory Mitigation Policy.",,,
51,,,8/3/2018,Rescinded,,Guidance,Guidance rescinded by secretary of the interior,,Environmental,DOI,Department of the Interior,,Endangered Species Act: Mitigation Policy,,,,,,,,,,,,,,,,Withdrawal of guidance on how the service recommends mitigating adverse impacts of developer actions on species and habitats.,"Existing guidelines established in 1981 (46 FR 7644-7663) outlined how the Fish and Wildlife Service (Service) recommends mitigating the adverse impacts of land and water developments on species and habitats. On November 6, 2017, the Service issued a request for comment for both this rule and for its Compensatory Mitigation Policy (see entry for Endangered Species Act: Compensatory Mitigation Policy), intending to solicit input regarding the removal of net conservation gain as a planning goal in its mitigation policies.On November 21, 2016, the Fish and Wildlife Service (Service) finalized a rule that amended existing guidelines.The revised policy provided a framework for achieving a net gain in conservation outcomes, or at minimum, no net loss of resources and their values, services, and functions.On July 30, 2018, the Service withdrew the Mitigation Policy amendments; all policies superseded by the 2016 amendments were reinstated.",,,
52,"233,127,79,234",4,1/12/2021,In effect,,,,,Environmental,DOI,Department of the Interior,Endangered Species Act: Rule revisions,Endangered Species Interagency Cooperation,7/25/2018,https://www.federalregister.gov/documents/2018/07/25/2018-15812/endangered-and-threatened-wildlife-and-plants-revision-of-regulations-for-interagency-cooperation,,trump,progress,8/12/2019,https://www.fws.gov/endangered/esa-library/pdf/interagency-cooperation.pdf,,trump,progress,,,,,,A rule that streamlines and clarifies interagency consultation process.,"Section 7 of the Endangered Species Act (ESA) requires federal agencies to consult with the Fish and Wildlife Services and National Marine Fisheries Service (collectively referred to as ""Services"") before taking any discretionary action that could jeopardize the existence of a listed species, or could destroy or adversely modify designated critical habitat. The proposed rule excluded discretionary actions that wouldn't result in an appreciable impact on listed species or critical habitat. Further, ir proposed to eliminate specific examples of when consultation is required, and the Services would only consider alterations impacting critical habitat ""as a whole."" The rule also eliminated references to ""indirect effects"" and effects of ""interrelated and interdependent"" actions of discretionary actions, and proposed to ""avoid inclusion of activities whose occurrences would be considered speculative."" The Services finalized this rule on August 12, 2019, with some modifications to, and clarifications on definitions.
These changes would result in fewer activities triggering Section 7 consultation. In instances when consultation is triggered, the rule makes the following notable changes: 1) clarifies what submissions are necessary to initiate consultation, 2) creates an ""expedited consultation"" process that would be available for proposed actions that, based on the Services' experience with other similar activities, would have minor or predictable effects, and 3) clarifies that the Services may only block activities using Section 7's jeopardy standard if those activities themselves would appreciably harm listed species.",,,
53,,,11/17/2017,In effect,,,,,Health,HHS,Department of Health and Human Services,,Expanding State Flexibility to Define Essential Health Benefits and Qualified Health Plans,11/2/2017,https://www.federalregister.gov/documents/2017/11/02/2017-23599/patient-protection-and-affordable-care-act-hhs-notice-of-benefit-and-payment-parameters-for-2019,,trump,progress,4/17/2018,https://www.federalregister.gov/documents/2018/04/17/2018-07355/patient-protection-and-affordable-care-act-hhs-notice-of-benefit-and-payment-parameters-for-2019,,trump,progress,6/18/2018,,,trump,progress,A rule granting states more flexibility in meeting the Affordable Care Act's standards for essential health benefits and qualified health plans.,"This rule, issued by the Department of Health and Human Services (HHS), sets 2019 payment parameters and includes additional guidance related to key provisions of the Affordable Care Act (ACA), including essential health benefits, qualified health plan standards, risk adjustments, and hardship exemptions. The rule gives states more options in what they can choose as an essential health benefits benchmark plan. It also gives states an expanded role in the qualified health plan certification process; additionally, the rule eliminates the ""meaningful difference"" requirement, which required qualified health plans to be meaningfully different from all other plans in the tier. Two guidance documents accompanied the rule. The first expanded the hardship exemption, which exempts individuals facing certain hardships from maintaining health insurance; the guidance expands the exemptions to allow individuals who live in counties with one or no health insurance providers to be exempt from paying the penalty for not holding health care coverage. The second expands the transitional policy for one year, allowing individual and small group health insurance markets to delay their full compliance with ACA coverage policies until 2019. Brookings Fellow Matthew Fiedler offered criticism of similar congressional attempts to rework essential health benefit compliance.",,,
54,,,4/1/2019,In rulemaking,,,,,Health,DoL,Department of Labor,,Expanding Eligibility for Association Health Plans,1/5/2018,https://www.federalregister.gov/documents/2018/01/05/2017-28103/definition-of-employer-under-section-35-of-erisa-association-health-plans,,trump,progress,6/21/2018,https://www.federalregister.gov/documents/2018/06/21/2018-12992/definition-of-employer-under-section-35-of-erisa-association-health-plans,,trump,progress,3/28/2019,https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2018cv1747-79,Invalidated,court,block,"A rule expanding the eligibility of groups for association health plans, which are not subject to certain Affordable Care Act standards.","On October 12, 2017, President trumpissued Executive Order 13813, which directed relevant federal agencies to review certain Affordable Care Act (ACA) regulations in an effort ""to provide meaningful choice and competition between insurers,"" including review of association health plans (AHPs). AHPs are arrangements whereby individuals or employers can band together for coverage, across state lines. Importantly, AHPs allow groups to purchase coverage that can escape more stringent ACA regulations, including the essential health benefits.
On January 2018, the Department of Labor (DoL) proposed expanding the scope of groups and individuals eligible for banding together as associations, and receiving coverage through AHPs. The rule was finalized on June 21, 2018, and was set to be effective August 20, 2018; compliance dates for various plans were set through April 1, 2019. Some critics have noted AHPs' relatively bleak track record thus far. Indeed, attorneys general from 11 states and the District of Columbia filed a lawsuit against the rule.
On March 28, 2019, a federal judge struck down the rule, calling the efforts ""clearly an end-run around the ACA."" The administration can seek a stay and appeal the decision, revisit and revise the rule, or rescind the rule. The following Friday, a Justice Department spokeswoman stated that the administration disagrees with the ruling and is ""considering all available options"" moving forward.",,,
55,,,8/10/2018,In rulemaking,,,,,Financial,"DHS, Treasury","Department of Homeland Security, Department of the Treasury",,Facilitating Drawback Claims,8/2/2018,https://www.federalregister.gov/documents/2018/08/02/2018-16279/modernized-drawback,,trump,progress,,,,,,,,,,,A rule that establishes a process to make it easier for importers to file drawback claims.,"Drawback is the (partial or whole) refund or remission of duties, taxes, and fees on imported merchandise that is then exported or destroyed. The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) made changes to refund law to make it easier for importers to file claims, and U.S. Customs and Border Protection (Customs) was supposed to issue regulations implementing these changes by February 24, 2018. However, it failed to do so.
In response, a group of importers and customs brokers challenged Customs for not fulfilling its duty to provide regulations (Tabacos de Wilson, Inc. v. United States). On June 29, 2018, The Court of International Trade issued an opinion that the failure to meet the deadline violates the law, and that if the agencies are unable to issue regulations by July 5, 2018, then they should consider issuing those portions that satisfy the requirements of TFTEA in advance of any other portions that remain unresolved. On July 19, 2018, House Ways and Means Chairman Kevin Brady (R-TX) and Subcommittee Chairman Dave Reichert (R-WA) wrote a letter to the administration calling the delay ""unacceptable"", and insisted that the regulations be finalized and published on the Federal Register ""without further delay"".
On August 2, 2018, Customs and the Department of the Treasury proposed a rule to establish a new process for drawback regulations. The proposed rule would liberalize the merchandise substitution standard, simplify recordkeeping requirements, extend and standardize timelines for filing drawback claims, and require electronic filing of drawback claims. Members of the public will be able to submit comments on the proposed regulations through September 16.",,,
56,,,10/23/2017,Rescinded,,,,,Agriculture,USDA,U.S. Department of Agriculture,,Farmer Fair Practice Rule (Scope of Anti-Competitive Practices),,,,,,12/20/2016,https://www.federalregister.gov/documents/2016/12/20/2016-30424/scope-of-sections-202a-and-b-of-the-packers-and-stockyards-act,,obama,progress,10/18/2017,https://www.federalregister.gov/documents/2017/10/18/2017-22593/scope-of-sections-202a-and-b-of-the-packers-and-stockyards-act,Withdrawn,trump,block,A rule clarifying that certain conduct by meatpackers and poultry dealers may violate the Packers and Stockyards Act without necessarily being anti-competitive.,"The Farmer Fair Practice Rules address concerns about perceived anti-competitive behavior between contracted poultry growers and poultry dealers. In Terry v. Tyson Farms (2010), the Sixth Circuit Court of Appeals ruled that Tyson's decision to intentionally harm poultry contractor Alton Terry was legal and not anti-competitive because Terry was harmed by Tyson specifically, and not by the poultry industry as a whole. This interim final rule clarified that certain actions by poultry dealers would be considered violations of the Packers and Stockyards Act, even if the actions were not anti-competitive in nature, such as Tyson's.
In response to President Trump's regulatory freeze on January 20, 2017, the Department of Agriculture (USDA) delayed the effective date of the rule to April 22, and on April 12 further delayed the effective date to October 19, 2017. On October 18, 2017, the USDA withdrew the rule. Two other proposed rules are part of the Farmer Fair Practice Rules: The first concerns unfair practices and undue preferences, and was withdrawn on October 18, 2017. The second concerns poultry grower ranking systems, and is still in the proposed stage.",,,
57,,,11/17/2017,In effect,,Guidance,New guidance from the FDA commissioner,,Health,FDA,Food and Drug Administration,,Fast-Tracking Gene and Cell Therapy FDA Approval Process,,,,,,,,,,,,,,,,New guidance documents outlining a process for fast-tracking gene and cell therapies through FDA review.,"On November 16, 2017, the FDA issued two final guidances and two draft guidances outlining a new process for fast-tracking gene and cell therapy treatments through the FDA approval process. Established gene and cell therapy treatment producers praised the move, and some public advocacy organizations recommended a more cautious regulatory approach.",,,
58,,,10/19/2017,In effect,,,,,Environmental,DoE,Department of Energy,,Fast-Tracking Small-Scale Natural Gas Exports,9/1/2017,https://www.federalregister.gov/documents/2017/09/01/2017-18580/small-scale-natural-gas-exports,,trump,progress,7/25/2018,https://www.federalregister.gov/documents/2018/07/25/2018-15903/small-scale-natural-gas-exports,,trump,progress,8/24/2018,,,trump,progress,A rule expediting the applications approval process for small-scale U.S. exporters of natural gas to non-free trade agreement countries.,"Prior to this rule, U.S. natural gas exporters had to apply to export to non-free trade agreement countries; the process includes a public interest review. The Department of Energy (DOE) published an advanced notice of proposed rulemaking on September 1, 2017. This ""small-scale rule"" lets smaller firms bypass the review if they 1) export 51.75 billion cubic feet per year or less, and 2) the proposed export qualifies for a categorical exclusion under the DOE's National Environmental Policy Act regulations. The rule was finalized July 25 and took effect August 24, 2018.",,,
59,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,Labor,"DoD, GSA, NASA","Department of Defense, General Services Administration, NASA",,Federal Acquisition Regulation / Fair Pay and Safe Workplaces,5/28/2015,https://www.federalregister.gov/documents/2015/05/28/2015-12560/federal-acquisition-regulation-fair-pay-and-safe-workplaces,,obama,,8/25/2016,https://www.federalregister.gov/documents/2016/08/25/2016-19676/federal-acquisition-regulation-fair-pay-and-safe-workplaces,,obama,,3/27/2017,https://www.congress.gov/115/plaws/publ11/PLAW-115publ11.pdf,Nullified,trump,,Nullification of a rule to improve federal contractor compliance with labor laws.,"On July 31, 2014, President Obama signed an executive order entitled ""Fair Pay and Safe Workplaces."" The order required federal contractors whose services exceeded $500,000 to certify their compliance with certain labor laws. On May 28, 2015, the Department of Labor (DoL) issued guidance for the implementation of the order. The comment period was extended twice, and on August 25, 2016, the final rule and guidance were issued.
On October 7, 2016, several parties seeking to overturn the final rule and withdraw the guidance filed suit in a U.S. District Court in Texas, following up with an emergency motion for a temporary restraining order and preliminary injunction on October 13, 2016. On October 24, 2016, the court granted the injunction, stating that the rule and guidance violated contractors' First Amendment rights by forcing them to publicly disclose various alleged labor law violations. On October 25, the Federal Acquisition Regulatory Council issued a memo directing that all steps necessary be taken to ensure the relevant parts of the rule were not implemented. On January 30, 2017, Rep. Virginia Foxx (R-NC) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 2, and passed the Senate on March 6. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
60,,,2/22/2019,In effect,,,,,"Financial
Housing",FHFA,Federal Housing Finance Agency,,Federal Home Loan Bank Capital Requirements,7/3/2017,https://www.federalregister.gov/documents/2017/07/03/2017-13560/federal-home-loan-bank-capital-requirements,,trump,progress,2/20/2019,https://www.federalregister.gov/documents/2019/02/20/2018-27918/federal-home-loan-bank-capital-requirements,,trump,progress,1/1/2020,https://www.federalregister.gov/documents/2019/02/20/2018-27918/federal-home-loan-bank-capital-requirements,,trump,progress,A rule modifying regulation of capital risk requirements for Federal Home Loan Banks.,"Federal Home Loan Banks are government-sponsored banks that provide liquidity to member financial institutions to support housing finance and community investments. This rule would allow Federal Home Loan Banks to use internal rating methodologies rather than ratings issued by ""nationally recognized statistical rating organizations."" The rule was finalized February 20, 2019 and is effective January 1, 2020. ",,,
61,,,5/4/2018,Rescinded,,,,,Telecom,FCC,Federal Communications Commission,,Feeable Supplementary Services Report: Elimination,11/29/2017,https://www.federalregister.gov/documents/2017/11/29/2017-25405/amendment-of-section-73624g-of-the-commissions-rules-regarding-submission-of-fcc-form-2100-schedule,,trump,progress,5/3/2018,https://www.federalregister.gov/documents/2018/05/03/2018-09335/obligations-relating-to-submission-of-fcc-form-2100-schedule-g-used-to-report-tv-stations-ancillary,,trump,progress,5/3/2018,,,trump,progress,A rule eliminating the requirement that digital television providers who do not offer ancillary or supplementary services to file an annual report with the FCC.,"In 1998, the Federal Communications Commission (FCC) adopted rules that set the fee for feeable ancillary or supplementary services provided by digital television providers. The rules also required all digital television licensees and permittees annually to file Schedule G, even if they provided no ancillary or supplementary services during the relevant reporting period.
This rule eliminates the requirement for digital television providers to annually file Schedule G if they do not provide such services. Only TV stations that actually provide feeable ancillary or supplementary services need file the report.",,,
62,,,6/12/2019,Rescinded,Y,,,,Financial,DoL,Department of Labor,,Fiduciary Rule,4/20/2015,https://www.federalregister.gov/documents/2015/04/20/2015-08831/definition-of-the-term-fiduciary-conflict-of-interest-rule-retirement-investment-advice,,obama,progress,4/8/2016,https://www.federalregister.gov/documents/2016/04/08/2016-07924/definition-of-the-term-fiduciary-conflict-of-interest-rule-retirement-investment-advice,,obama,progress,3/15/2018,http://www.ca5.uscourts.gov/opinions/pub/17/17-10238-CV0.pdf,Vacated,court,block,A rule requiring financial professionals who work with retirement assets or provide retirement planning advice to act in the best interest of their clients.,"Registered retirement investment advisors are obligated by federal regulations to act in the best interest of their clients and put their clients' interests above their own (DoL's definition of ""fiduciary duty""). But other advisors, such as those licensed as broker-dealers (who are often paid on commission) are not: they recommend investments that are ""suitable"" based on the customer's characteristics, including age, goals and stomach for risk (""suitability standard""). The Fiduciary Rule, controversially issued by Obama's Department of Labor (DoL), would have required that all advisors who work with retirement plans or provide retirement planning advice meet the fiduciary standard. Further, all advisors would have to disclose potential conflicts of interest and all fees and commissions for retirement plans and retirement planning advice to clients.
Shortly after the Fiduciary Rule was proposed, industry groups filed suit in a district court for northern Texas, claiming that the DoL had overstepped its authority. The case was thrown out on February 8, 2017, and the plaintiffs appealed to the 5th Circuit Court.
On February 3, 2017, President trumpissued a memo directing the Secretary of Labor to review the economic and legal basis of the rule. The DoL first issued a memo in March 2017 clarifying the possible implementation of a delay, then issued a delay in April. On May 22, 2017, Labor Secretary Alex Acosta published an op-ed stating that out of respect for the law, the department would begin to enforce the rule while pursuing revisions through normal rulemaking procedures. The rule became partially effective on June 9, 2017.
On August 9, 2017, after a request for information, the DoL requested an 18-month delay for implementation of the remaining parts of the rule, which on August 28, 2017, was approved by the Office of Management and Budget and subsequently finalized on November 29, 2017. On March 15, 2018, a three-judge panel for the 5th Circuit Court of Appeals reversed the Texas district court's ruling and vacated the Fiduciary Rule in toto, stating that the DoL overstepped its statutory authority.
On May 9, 2018, the Securities and Exchange Commission (SEC) proposed its own version of the Fiduciary Rule, called the Regulation Best Interest Rule. It is broader in scope than the DoL rule, as it is not limited to just retirement investments. However, critics say that although the Regulation Best Interest Rule imposes a higher standard than the ""suitability standard,"" it is less rigorous than the previously proposed ""fiduciary standard."" The SEC voted to finalize the rule on June 5, 2019, and will go into effect 60 days after it is published in the Federal Register, with a compliance date of June 30, 2020. ",,,
63,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,"Health
Children, Youth, and Families",SSA,Social Security Administration,,Firearms Prohibition for the Mentally Disabled,5/5/2016,https://www.federalregister.gov/documents/2016/05/05/2016-10424/implementation-of-the-nics-improvement-amendments-act-of-2007,,obama,,12/19/2016,https://www.federalregister.gov/documents/2016/12/19/2016-30407/implementation-of-the-nics-improvement-amendments-act-of-2007,,obama,,1/18/2017,https://www.congress.gov/115/plaws/publ8/PLAW-115publ8.pdf,Nullified,trump,,Nullification of a rule prohibiting the possession of firearms by the mentally ill.,"The NICS Improvement Amendments Act of 2007 requires federal agencies to provide relevant records to the attorney general for inclusion in the National Instant Criminal Background Check System (NICS). This rule directed the Social Security Administration to identify individuals who receive disability insurance benefits or who receive benefits through a third party based on their mental impairment, and provide their information to the attorney general for inclusion in the NICS. The individuals would then be notified of their possible prohibition on possessing firearms, though they would be able to request relief from the prohibition. The rule was criticized by the National Rifle Association, the American Civil Liberties Union, and the National Association for Mental Health, among others.
On January 30, 2017, Rep. Sam Johnson (R-TX) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 2, and passed the Senate on February 15. On February 28, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
64,,,5/4/2018,In effect,,,,,"Telecom
Environmental",FCC,Federal Communications Commission,,5G Expansion Rule,3/1/2018,https://apps.fcc.gov/edocs_public/attachmatch/DOC-349528A1.pdf,,trump,progress,5/3/2018,https://www.federalregister.gov/documents/2018/05/03/2018-08886/accelerating-wireless-broadband-deployment-by-removing-barriers-to-infrastructure-investment,,trump,progress,7/2/2018,,,trump,progress,A rule exempting small wireless facilities from environmental impact review.,"A ""small cell"" is a radio access point used to enhance cellular coverage by complementing large ""macro cell"" towers. The National Historic Preservation Act (NHPA) requires historic preservation review for ""undertakings,"" and the National Environmental Policy Act (NEPA) requires environmental review for ""major Federal actions."" In this rule, the Federal Communications Commission (FCC) clarifies that the deployment of small cells, is neither an ""undertaking"" nor a ""major Federal action,"" and thus does not require historic preservation review or environmental review. The FCC believes this rule will help to streamline and facilitate the deployment of next generation wireless facilities, also known as 5G.",,,
65,,,4/4/2018,Unchanged,,,,,Environmental,EPA,Environmental Protection Agency,,Formaldehyde Emission Standards for Composite Wood Products,6/10/2013,https://www.federalregister.gov/documents/2013/06/10/2013-13254/formaldehyde-third-party-certification-framework-for-the-formaldehyde-standards-for-composite-wood,,obama,progress,12/12/2016,https://www.federalregister.gov/documents/2016/12/12/2016-27987/formaldehyde-emission-standards-for-composite-wood-products,,obama,progress,6/1/2018,https://www.federalregister.gov/documents/2018/04/04/2018-06884/court-order-compliance-date-formaldehyde-emission-standards-for-composite-wood-products,Delayed,trump,block,A rule to reduce exposure to formaldehyde during manufacture of certain wood products.,"Formaldehyde is a colorless, flammable gas at room temperature that has a strong odor and is found in certain resins used in the manufacture of composite wood products, including plywood, fiberboard, and particleboard. The Environmental Protection Agency (EPA) classifies formaldehyde as a probable human carcinogen. During the notice and comment period for the new formaldehyde emission standards, the majority of commenters supported the rule, but noted that many manufacturers already voluntarily complied with the rule, giving noncompliant manufacturers an economic advantage. Thus, trade organizations were weary of extended discussion. However, they objected to one aspect of the rule, which prohibited composite wood products from being labeled as compliant before December 12, 2017.
The Trump administration's regulatory freeze on January 20, 2017 delayed the effective date of the standards to March 21, 2017, and another delay pushed the compliance date to May 22, 2017. On May 24, 2017, the EPA proposed to extend the compliance dates to March 22, 2018, but, after receiving ""relevant adverse comment"" from industry stakeholders, the EPA withdrew its rule to delay further. On July 11, 2017, the EPA proposed a rule to grant the request for an early labeling provision, which would allow compliant composite wood products to be labeled as compliant before December 12, 2017. On September 25, 2017, the EPA extended the compliance date for the formaldehyde emissions standards to December 12, 2018, though the early labeling provision stayed in tact.
On March 13, 2018, the U.S. District Court for the Northern District of California, in response to a complaint brought by Sierra Club on October 31, 2017, vacated the most recent extension, and set a new compliance date of June 1, 2018. EPA issued a notice in the Federal Register on April 4, 2018, complying with the new deadline.",,,
66,"67,68",2,11/16/2017,In rulemaking,,,,,"Environmental
Transportation","EPA, DoT","Environmental Protection Agency, Department of Transportation",Greenhouse Gas Emissions for Truck Glider Kits,Rescission,11/16/2017,https://www.federalregister.gov/documents/2017/11/16/2017-24884/repeal-of-emission-requirements-for-glider-vehicles-glider-engines-and-glider-kits,,trump,progress,,,,,,,,,,,Repeal of rule regulating glider kits.,"In an October 2016 rule setting emissions and fuel efficiency standards for trucks engines, the Obama administration included regulatory provisions for glider kits. Since glider kits by definition do not have engines, the relevant regulatory standards specified permissible levels of aerodynamic efficiency. The trumpadministration has proposed to rescind that portion of the 2016 rule, claiming that the previous administration overstepped its legal authority.",,,
67,"66,68",3,7/10/2018,,,,,,Environmental,"EPA, DoT","Environmental Protection Agency, Department of Transportation",Greenhouse Gas Emissions for Truck Glider Kits,No Enforcement,7/1/2018,https://www.nytimes.com/2018/07/06/us/glider-trucks-loophole-pruitt.html,,trump,progress,7/26/2018,https://www.epa.gov/sites/production/files/2018-07/documents/memo_re_withdrawal_of_conditional_naa_regarding_small_manufacturers_of_glider_vehicles_07-26-2018.pdf,Wheeler,trump,block,,,,,,No enforcement of an annual cap on glider kit manufacture.,"On his final day in office, EPA Administrator Scott Pruitt announced that the annual cap of 300 gliders per manufacturer would not be enforced, through the end of 2019. On July 26, 2018, Andrew Wheeler, who is EPA's acting administrator, withdrew this No Action Assurance issued by Scott Pruitt. Wheeler concluded that this enforcement by Pruitt did not represent ""the kind of extremely unusual circumstances that support the EPA's exercise of enforcement discretion."" Environmental groups had petitioned for a stay on Pruitt's No Action Assurance, which the Court of Appeals for the Fourth Circuit granted on July 18, 2018. It is still unclear whether the Obama-era rule will be repealed forever, which is still being reviewed.",,,
68,"67,66",1,8/6/2018,Unchanged,,,,,Environmental,"EPA, DoT","Environmental Protection Agency, Department of Transportation",Greenhouse Gas Emissions for Truck Glider Kits,Greenhouse Gas Emissions for Truck Glider Kits,7/13/2015,https://www.federalregister.gov/documents/2015/07/13/2015-15500/greenhouse-gas-emissions-and-fuel-efficiency-standards-for-medium--and-heavy-duty-engines-and,,obama,progress,10/25/2016,https://www.federalregister.gov/documents/2016/10/25/2016-21203/greenhouse-gas-emissions-and-fuel-efficiency-standards-for-medium--and-heavy-duty-engines-and,,obama,progress,12/27/2016,,,obama,progress,A rule regulating greenhouse gas emissions from trucks using glider kits.,"A ""glider kit"" is a new truck without an engine or transmission. Glider kits are generally purchased and retrofitted with old engines and transmissions, offering a low-cost alternative to purchasing a new truck. Glider kits are most often used by independent truck drivers or small businesses. In an October 2016 rule setting emissions and fuel efficiency standards for trucks engines, the Obama administration included regulatory provisions for glider kits, including an annual cap of 300 glider kits for manufacturers.",,,
69,70,1,6/1/2018,Rescinded,,,,,"Environmental
Transportation",DoT,Department of Transportation,Greenhouse Gas Emissions Measure,Greenhouse Gas Emissions Measure,4/22/2016,https://www.federalregister.gov/documents/2016/04/22/2016-08014/national-performance-management-measures-assessing-performance-of-the-national-highway-system,,obama,progress,1/18/2017,https://www.federalregister.gov/documents/2017/01/18/2017-00681/national-performance-management-measures-assessing-performance-of-the-national-highway-system,,obama,progress,7/2/2018,https://www.federalregister.gov/documents/2018/05/31/2018-11652/national-performance-management-measures-assessing-performance-of-the-national-highway-system,Rescinded,trump,block,A rule requiring state departments of transportation to track and reduce carbon dioxide emissions on the national highway system.,"The Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America's Surface Transportation (FAST) Act establish a set of performance measures for state departments of transportation (DoTs) to use in assessing the performance of interstate highways in regard to, among other things, environmental sustainability. The greenhouse gas emissions measure requires state DoTs to track the amount of carbon dioxide emitted by vehicles traveling on the national highway system, and to establish targets and report on progress in reducing carbon dioxide emissions using this measure.",,,
70,69,2,6/1/2018,Rescinded,,,,,"Environmental
Transportation",DoT,Department of Transportation,Greenhouse Gas Emissions Measure,Repeal,10/5/2017,https://www.federalregister.gov/documents/2017/10/05/2017-21442/national-performance-management-measures-assessing-performance-of-the-national-highway-system,,trump,progress,5/31/2018,https://www.federalregister.gov/documents/2018/05/31/2018-11652/national-performance-management-measures-assessing-performance-of-the-national-highway-system,,trump,progress,7/2/2018,,,trump,progress,Repeal of Greenhouse Gas Emissions measure.,"On January 20, 2017, the president issued a regulatory freeze, which halted the implementation of the full suite of national performance management measures until February 13, 2017, and on March 21 they were delayed again, to May 20, 2017. On May 19, 2017, the DoT announced that the greenhouse gas emissions measure would be delayed indefinitely, pending new rulemaking, but the other performance standards went into effect as planned. On July 31, 2017, several environmental groups sued the DoT for illegally suspending the greenhouse gas emissions measure, and in response, the DoT reinstated them on September 28, 2017, adding that a proposed repeal of the greenhouse gas measure was anticipated. A few days later, on October 5, 2017, the DoT officially proposed to repeal the greenhouse gas emissions measure. On May 31, 2018, the repeal of the greenhouse gas emissions measure was finalized, and it went into effect on July 2, 2018.",,,
71,,,3/19/2018,In rulemaking,,,,,"Education
Health",USDA,U.S. Department of Agriculture,,Hiring Flexibility for School Nutrition Program Directors,3/6/2018,https://www.federalregister.gov/documents/2018/03/06/2018-04233/hiring-flexibility-under-professional-standards,,trump,progress,,,,,,,,,,,A rule expanding hiring flexibility for school nutrition program directors.,"In July 2015, the Food and Nutrition Service (FNS) implemented professional standards for school nutrition personnel who manage and operate the National School Lunch and School Breakfast Programs. The standards are intended to ensure that school nutrition professionals who manage and operate the programs have adequate knowledge and training to meet program requirements. Hiring standards vary based on the size of the ""local educational agencies"" (LEAs): small (2,499 students or fewer), mid-sized (2,500 to 9,999 students), and large (10,000 students or more). Current regulations require roughly three years of prior school nutrition program experience, depending on the level of education attained.
Due to concerns that small LEAs have trouble hiring directors who meet all the professional standards, this proposed rule would add four flexibilities to the hiring standards for new school nutrition program directors from small LEAs: (i) Rather than relevant ""school nutrition program experience,"" new directors would be required to have relevant ""food service experience."" (ii) State agencies would be given discretion to consider volunteer or unpaid work as relevant food service experience. (iii) State agencies would be given discretion to accept less than the required years of food service experience. (iv) Candidates for state-level directors could be considered if they have either a bachelor's or master's degree in specific, relevant fields.",,,
72,,,2/12/2019,In effect,,,,,Agriculture,USDA,U.S. Department of Agriculture,,Hog Carcass Cleaning Rule,5/16/2018,https://www.federalregister.gov/documents/2018/05/16/2018-10488/eliminating-unnecessary-requirements-for-hog-carcass-cleaning,,trump,progress,2/7/2019,https://www.federalregister.gov/documents/2019/02/07/2019-01345/eliminating-unnecessary-requirements-for-hog-carcass-cleaning,,trump,progress,4/8/2019,https://www.federalregister.gov/documents/2019/02/07/2019-01345/eliminating-unnecessary-requirements-for-hog-carcass-cleaning,,trump,progress,A rule removing the provision requiring the cleaning of hog carcasses before any incision is made preceding evisceration.,"On May 16, 2018, the Food Safety and Inspection Service (FSIS) proposed to repeal a rule requiring the cleaning of hog carcasses before any incision is made preceding evisceration. FSIS states that this provision impedes the adoption of more efficient, effective procedures under other rules that ensure that carcasses are free of contamination; further, it is no longer necessary because other rules require carcass cleaning and maintenance of sanitary conditions. The rule was finalized on February 7, 2019, and is effective April 8, 2019. It is an E.O. 13771 deregulatory action.",,,
73,,,1/3/2018,Partially effective,,,,,"Financial
Housing",CFPB,Consumer Financial Protection Bureau,,Home Mortgage Disclosure Act Data Collection Rule,8/29/2014,https://www.federalregister.gov/documents/2014/08/29/2014-18353/home-mortgage-disclosure-regulation-c,,obama,progress,10/28/2015,https://www.federalregister.gov/documents/2015/10/28/2015-26607/home-mortgage-disclosure-regulation-c,,obama,progress,1/1/2018,http://files.consumerfinance.gov/f/documents/cfpb_statement-with-respect-to-hmda-implementation_122017.pdf,Partially,trump,block,A rule expanding data disclosure requirements under the Home Mortgage Disclosure Act to facilitate consumer protection.,"On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) issued a rule expanding the scope of data disclosure requirements under the Home Mortgage Disclosure Act (HMDA). The new rule, which was set to go into effect January 1, 2018, expanded the scope of these disclosures because existing HMDA disclosure rules were seen as insufficient in helping to assess whether a lender was complying with applicable fair lending laws.
On September 13, 2017, CFPB issued technical corrections and guidance on compliance, but maintained the original January 1, 2018 effective date. On December 21, 2018, the CFPB, headed by its new acting director Mick Mulvaney, issued a statement clarifying that the CFPB would not be levying any penalties based on the 2018 data collection, and that the agency would eventually engage in rulemaking to reconsider the 2015 rule. Brookings fellows Makada Henry-Nickie and Aaron Klein were critical of Mulvaney's decision.",,,
74,,,6/15/2020,In effect,,,,,"Transportation
Labor",DoT,Department of Transportation,,Hours of Service for Commercial Motor Vehicles,8/21/2018,https://www.federalregister.gov/documents/2018/08/23/2018-18380/hours-of-service,,trump,progress,6/1/2020,https://www.federalregister.gov/documents/2020/06/01/2020-11469/hours-of-service-of-drivers,,trump,progress,9/29/2020,https://www.federalregister.gov/documents/2020/06/01/2020-11469/hours-of-service-of-drivers,,trump,progress,A rule that would relax work hour limits on commercial motor vehicle drivers.,"Hours of Service (HOS) regulations limit the working hours of drivers operating a commercial motor vehicle (CMV), which includes large trucks, commercial and city buses, and school buses. The main purpose of these rules is to prevent accidents caused by driver fatigue.
The rule provides drivers greater flexibility from HOS rules. Among other things, FMCSA expands short-haul exceptions; expands the driving window during adverse driving conditions; and modifies sleeper berth exceptions (sleeper berths are seats that can be reclined to form a bed). The rule is classified as an E.O. 13771 deregulatory action with estimated annualized cost savings of $219 million.",,,
75,,,2/26/2018,Unchanged,,,,,Transportation,DoT,Department of Transportation,,Hybrid Vehicle Noise Requirements,1/14/2013,https://www.federalregister.gov/documents/2013/01/14/2013-00359/federal-motor-vehicle-safety-standards-minimum-sound-requirements-for-hybrid-and-electric-vehicles,,obama,progress,12/14/2016,https://www.federalregister.gov/documents/2016/12/14/2016-28804/federal-motor-vehicle-safety-standards-minimum-sound-requirements-for-hybrid-and-electric-vehicles,,obama,progress,9/5/2017,https://www.federalregister.gov/documents/2017/06/07/2017-11732/federal-motor-vehicle-safety-standards-minimum-sound-requirements-for-hybrid-and-electric-vehicles,Delayed,trump,block,A rule establishing minimum sound requirements for hybrid vehicles.,"This rule sets minimum requirements for sound produced by hybrid and electric vehicles. The rule was intended to help to ensure that visually impaired pedestrians were able to detect and recognize nearby hybrid and electric vehicles, which are notoriously quiet at low speeds. The rule was finalized on December 14, 2016, and set to go into effect on February 13, 2017.
On February 6, 2017, the Department of Transportation (DoT) delayed the effective date, and it was subsequently delayed again, then again, then again, eventually settling on an effective date of September 5, 2017, a 50 percent phase-in date of September 1, 2018, and a full phase-in date of September 1, 2019. In response to petitions filed by the Auto Alliance, Global Automakers, Honda, and Nissan, who argued that the phase-in schedule was to short, the DoT on February 26, 2018, delayed the 50 percent and full phase-in dates by one year, to September 1, 2019, and September 1, 2020, respectively.",,,
76,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,Telecom,FCC,Federal Communications Commission,,Internet Privacy Rule,4/20/2016,https://www.federalregister.gov/documents/2016/04/20/2016-08458/protecting-the-privacy-of-customers-of-broadband-and-other-telecommunications-services,,obama,,12/2/2016,https://www.federalregister.gov/documents/2016/12/02/2016-28006/protecting-the-privacy-of-customers-of-broadband-and-other-telecommunications-services,,obama,,1/3/2017,https://www.congress.gov/115/plaws/publ22/PLAW-115publ22.pdf,Nullified,trump,,Nullification of a rule requiring internet service providers to explicitly obtain customers' approval to use and share their information.,"The Internet Privacy Rule required telecommunications carriers to explicitly obtain customers' approval to use and share sensitive and nonsensitive information. It also required that carriers not condition provision of service on the surrender of privacy rights, and that they obtain affirmative consent when offering financial incentives in exchange for the right to use customers' confidential information.
On March 7, 2017, Sen. Jeff Flake (R-AZ) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the Senate on March 23, and passed the House on March 28. On April 3, 2017, the resolution was signed by President Trump and became law, nullifying the rule. Brookings Visiting Fellow Tom Wheeler offered criticism of the move.",,,
77,,,12/27/2017,Rescinded,,Guidance,Guidance rescinded by secretary of the interior,,Environmental,DoI,Department of the Interior,,"Interpretation of ""Incidental Take"" under the Migratory Bird Treaty Act",,,,,,,,,,,,,,,,Withdrawal of policy on prosecuting energy companies that accidentally kill birds.,"Under the Migratory Bird Treaty Act of 1918, it is illegal (among other things) to pursue, hunt, take, capture, or kill migratory birds without a permit. The interpretation of the word ""take"" was under debate, as it pertains to accidental but preventable deaths (known as ""incidental take"") by energy companies. On January 10, 2017, the Department of the Interior (DoI) issued a memo declaring that energy companies could face legal jeopardy for the incidental deaths of birds ensnared in their equipment. On January 20, 2017, the president issued a regulatory freeze, and on February 6, the secretary of the interior suspended and temporarily withdrew the January 10 memo. On December 22, 2017, the DoI formally rescinded the Obama-era guidance, clarifying that ""the Migratory Bird Treaty Act does not prohibit incidental take.""",,,
78,,,5/30/2018,In rulemaking,,,,,Telecom,FCC,Federal Communications Commission,,Licensing Procedures for Small Satellites,5/24/2018,https://www.federalregister.gov/documents/2018/05/24/2018-10943/streamlining-licensing-procedures-for-small-satellites,,trump,progress,,,,,,,,,,,A rule streamlining licensing procedures for small satellites.,"Small satellites, also known as ""SmallSats,"" are spacecraft with a mass generally less than 180 kilograms and up to about the size of a large kitchen fridge. All satellites need radio spectrum, which is regulated by the Federal Communications Commission (FCC). The FCC allocates hundreds of megahertz of prime spectrum for satellites, and requires all satellites to obtain a license. While it is relatively easy to license small satellites for experimental or amateur-radio use, all commercial satellites are subject to the same licensing regime, regardless of size. This rule proposes to create a separate, streamlined licensing scheme for small satellites.",,,
79,"233,52,127,234",2,1/12/2021,In effect,Y,,,,Environmental,DOI,Department of the Interior,Endangered Species Act: Rule Revisions,Listing Endangered Species and Designating Critical Habitat,7/25/2018,https://www.federalregister.gov/documents/2018/07/25/2018-15810/endangered-and-threatened-wildlife-and-plants-revision-of-the-regulations-for-listing-species-and,,trump,progress,8/12/2019,https://www.fws.gov/endangered/esa-library/pdf/listing-and-designating-critical-habitat.pdf,,trump,progress,,,,,,"A rule that revises procedures and criteria used for listing or removing species from the List of Endangered and Threatened Wildlife and Plants, and designating critical habitats.","The Endangered Species Act (ESA) requires the Fish and Wildlife Service and the National Marine Fisheries Service (collectively referred to as the ""Services"") to determine whether a species qualifies to go on the Lists of Endangered and Threatened Wildlife and Plants and designate critical habitat. The ESA defines a threatened species as one that is ""likely to become endangered within the foreseeable future.""
The proposed rule made four major changes. First, it constrained the definition of ""foreseeable future"". The final rule modified the proposed definition due to comments received on the proposed rule, defining foreseeable future as extending ""only so far into the future as the Services can reasonably determine that both the future threats and the species' responses to those threats are likely."" This would be described on a case-by-case basis.Second, it proposed to remove the prohibition on the Services describing economic factors when listing, delisting, or reclassifying species as threatened or endangered. Third, the proposal incorporated measures for ensuring that evaluations of potential species delistings under the ESA receive similar time and attention as evaluations of potential species listings. Finally, the rule proposed to return to pre-Obama era standards for designating critical habitats. Designation of critical habitat should be limited to the areas occupied by the species at the time of listing, with unoccupied areas considered for designation as critical habitat ""only upon a determination that such areas are essential for the conservation of the species."" Unoccupied areas will be considered only if an area limited to the occupied area ""would be inadequate"" or ""less efficient."" The final rule made some minor revisions to the proposed rule by clarifying certain definitions, including that of ""foreseeable future"" described above.",,,
80,,,3/26/2019,In effect,,,,,Financial,NCUA,National Credit Union Administration,,Loans and Lines of Credit to Members,8/10/2018,https://www.federalregister.gov/documents/2018/08/10/2018-17087/loans-to-members-and-lines-of-credit-to-members,,trump,progress,3/25/2019,https://www.federalregister.gov/documents/2019/03/25/2019-05186/loans-to-members-and-lines-of-credit-to-members,,trump,progress,4/24/2019,https://www.federalregister.gov/documents/2019/03/25/2019-05186/loans-to-members-and-lines-of-credit-to-members,,trump,progress,A rule to make NCUA regulations of loans and lines of credit to members more user friendly.,"This rule seeks to amend existing regulations regarding loans and lines of credit to members of the National Credit Union Administration (NCUA) to make it more user friendly and reduce the regulatory burden on credit unions. It does so by 1) identifying the various maturity limits applicable to Federal Credit Union loans, 2) clarifying that the maturity date for a ""new loan"" under generally accepted accounting principles is calculated from the new date of origination, 3) seeking comment on whether NCUA should provide for more flexible limits on certain loans, and 4) more clearly expressing the limits on loans to a single borrower or a group of associated borrowers. This rule is largely clarifying and technical in nature, and is a part of the trumpadministration's regulatory reform agenda.
The rule was finalized March 25, 2019, and will be effective on April 24, 2019. ",,,
81,,,1/8/2018,In effect,,,,,Telecom,FCC,Federal Communications Commission,,Local Television Ownership Rule (Eight Voices Test: Repeal),,,,,,1/8/2018,https://www.federalregister.gov/documents/2018/01/08/2017-28329/2014-quadrennial-regulatory-review,,trump,progress,2/7/2018,,,trump,progress,Repeal of a rule requiring eight independently owned TV stations to remain in a market before any entity may own two TV stations in that market.,"Local Television Ownership Rule allows a single entity to own up to two television stations in the same market as long as one of the stations is not ranked among the top-four stations (the Top-Four Prohibition) in the market and at least eight independently owned television stations would remain in the market following the combination (the Eight Voices Test). On November 16, 2017, the FCC voted 3-2 along party lines to eliminate the Eight Voices Test. The FCC claims that eliminating the requirement will allow broadcasters, particularly in small and mid-sized markets, to realize the benefits of common ownership and better serve their local communities. Opponents of the FCC's decision to eliminate the Eight Voices Test claim that the repeal coupled with repeal of the TV JSA Attribution Rule would enable a single company to completely dominate a market's television advertising sales and make new entry impossible.",,,
82,,,1/8/2018,In effect,,,,,Telecom,FCC,Federal Communications Commission,,Local Television Ownership Rule (Top-Four Prohibition: Modification),,,,,,1/8/2018,https://www.federalregister.gov/documents/2018/01/08/2017-28329/2014-quadrennial-regulatory-review,,trump,progress,2/7/2018,,,trump,progress,Modification of a rule that prohibits a single entity from owning two of the top four TV stations in a market.,"Local Television Ownership Rule allows a single entity to own up to two television stations in the same market as long as one of the stations is not ranked among the top-four stations (the Top-Four Prohibition) in the market and at least eight independently owned television stations would remain in the market following the combination (the Eight Voices Test). On November 16, 2017, the FCC voted 3-2 along party lines to modify the Top-Four Prohibition, allowing exceptions to the prohibition if an entity can show that the action would be in the public interest.",,,
83,84,1,12/20/2017,In effect,,,,,Environmental,EPA,Environmental Protection Agency,Lowering Renewable Fuel Standards,Lowering Renewable Fuel Standards for 2018,7/21/2017,https://www.federalregister.gov/documents/2017/07/21/2017-14632/renewable-fuel-standard-program-standards-for-2018-and-biomass-based-diesel-volume-for-2019,,trump,progress,12/12/2017,https://www.federalregister.gov/documents/2017/12/12/2017-26426/renewable-fuel-standard-program-standards-for-2018-and-biomass-based-diesel-volume-for-2019,,trump,progress,2/12/2018,https://www.federalregister.gov/documents/2017/12/12/2017-26426/renewable-fuel-standard-program-standards-for-2018-and-biomass-based-diesel-volume-for-2019,,trump,progress,A rule lowering the renewable fuel standard for gasoline and diesel for 2018.,"The Renewable Fuel Standard requires that gasoline and diesel sold in the United States contain minimum amounts of renewable fuels, such as corn ethanol and biodiesel. On July 21, 2017 the Environmental Protection Agency (EPA) proposed to lower the total fuel volume targets. Total renewable fuel volume requirements for 2017 amounted to 25.871 billion gallons, compared to 25.818 billion gallons in the 2018 proposal, 53 million gallons below the 2017 volume requirements. This was the first time the EPA has proposed to lower total fuel volume requirements from the previous year.
Shortly after the new volume requirements were proposed, on July 28, 2017, the D.C. Circuit Court of Appeals ruled in a case originally brought against the Obama administration that the EPA fundamentally misinterpreted its authority to waive biofuel requirements under the ""inadequate domestic supply"" waiver provision. The court ruled that the EPA could only consider supply-side factors affecting the volume of renewable fuel, not demand-side factors. As a result of the ruling, the EPA was required to revise its renewable fuel volume requirements. The new requirements, finalized on December 12, 2017, revised total renewable fuel requirements for 2018 to 25.968 billion gallons, 97 million gallons higher than the 2017 volume requirements (though still below the statutory volume requirements).",,,
84,83,2,7/11/2018,,,,,,Environmental,EPA,Environmental Protection Agency,Lowering Renewable Fuel Standards,Lowering Renewable Fuel Standards for 2019,7/11/2018,https://www.federalregister.gov/documents/2018/07/10/2018-14448/renewable-fuel-standard-program-standards-for-2019-and-biomass-based-diesel-volume-for-2020,,trump,progress,,,,,,,,,,,A rule lowering the renewable fuel standard for gasoline and diesel for 2019.,,,,
85,,,12/20/2017,Rescinded,,,,,Telecom,FCC,Federal Communications Commission,,Main Studio Rule: Elimination,6/2/2017,https://www.federalregister.gov/documents/2017/06/02/2017-11425/elimination-of-main-studio-rule,,trump,progress,12/8/2017,https://www.federalregister.gov/documents/2017/12/08/2017-24982/elimination-of-main-studio-rule,,trump,progress,1/8/2018,,,trump,progress,Repeal of a rule requiring TV and radio stations to maintain a main studio in or near the communities they serve,"The Main Studio Rule was adopted in 1939 to ensure that community members could provide their local broadcast stations with input, and that stations could participate in community activities. The rule required broadcasters to have a physical studio in or near the areas where they have a license to transmit TV or radio signals.
On October 24, 2017, the Federal Communications Commission (FCC) voted to eliminate the Main Studio Rule. Supporters of the Main Studio Rule claim that the rule helps prevent large media titans from taking over small, local TV and radio stations. Supporters of the FCC's decision to eliminate the Main Studio Rule argue that it imposes unreasonable costs on station owners and that the savings from physical studios that are no longer in operation could be funneled into creating more local TV and radio programming; they also claim that the rule is no longer needed to keep stations in touch with their communities, since email and social media have replaced visits to a studio.",,,
86,,,4/3/2018,In effect,,,,,Telecom,FCC,Federal Communications Commission,,Maintenance of Copies of FCC Rules,10/13/2017,https://www.federalregister.gov/documents/2017/10/13/2017-22183/amendment-of-the-commissions-rules-regarding-maintenance-of-copies-of-fcc-rules,,trump,progress,3/30/2018,https://www.federalregister.gov/documents/2018/03/30/2018-06029/maintenance-of-copies-of-fcc-rules,,trump,progress,3/30/2018,https://www.federalregister.gov/documents/2018/03/30/2018-06029/maintenance-of-copies-of-fcc-rules,,trump,progress,A rule eliminating the requirement for certain broadcast and cable entities to maintain paper copies of FCC regulations.,"On March 30, 2018, the Federal Communications Commission (FCC) eliminated rules that require certain broadcast and cable entities to maintain paper copies of the Commission's regulations. This rule is effective March 30, 2019.",,,
87,88,1,10/19/2017,Rescinded,,,,,Health,HHS,Department of Health and Human Services,Mandatory Bundled Payments for Cardiac Care and Joint Replacement,Mandatory Bundled Payments for Cardiac Care and Joint Replacement,8/2/2016,https://www.federalregister.gov/documents/2016/08/02/2016-17733/medicare-program-advancing-care-coordination-through-episode-payment-models-epms-cardiac,,obama,progress,1/3/2017,https://www.federalregister.gov/documents/2017/01/03/2016-30746/medicare-program-advancing-care-coordination-through-episode-payment-models-epms-cardiac,,obama,progress,1/1/2018,https://www.federalregister.gov/documents/2017/12/01/2017-25979/medicare-program-cancellation-of-advancing-care-coordination-through-episode-payment-and-cardiac,Rescinded,trump,block,A rule making bundling payments for certain cardiac care and joint replacement services mandatory for Medicare and Medicaid.,"Under the fee-for-service program, Medicare makes separate payments to providers for patient services over the course of treatment. In July 2016, the Department of Health and Human Services (HHS) introduced mandatory bundling of payments for care for heart attacks and for cardiac bypass surgery, and an extension of the existing bundled payment model for hip replacements to other hip surgeries. The goal of bundling payments is to improve the quality of care provided to beneficiaries while reducing spending through financial accountability.
The mandatory bundling rule was finalized on January 3, 2017. Certain requirements were set to go into effect on February 18, 2017, and others on July 1, 2017. On February 21, 2017, the effective date for the requirements originally planned to go into effect on February 18 were delayed to March 21, 2017. On March 21, the provisions set to go into effect that day were further delayed to May 20, and those set to go into effect on July 1 were delayed to October 1. On May 19, 2017, several provisions were delayed to January 1, 2018.",,,
88,87,2,10/19/2017,Rescinded,,,,,Health,HHS,Department of Health and Human Services,Mandatory Bundled Payments for Cardiac Care and Joint Replacement,Rescission,8/17/2017,https://www.federalregister.gov/documents/2017/08/17/2017-17446/medicare-program-cancellation-of-advancing-care-coordination-through-episode-payment-and-cardiac,,trump,progress,12/1/2017,https://www.federalregister.gov/documents/2017/12/01/2017-25979/medicare-program-cancellation-of-advancing-care-coordination-through-episode-payment-and-cardiac,,trump,progress,1/1/2018,https://www.federalregister.gov/documents/2017/12/01/2017-25979/medicare-program-cancellation-of-advancing-care-coordination-through-episode-payment-and-cardiac,,trump,progress,Recission of Mandatory Bundled Payments rule.,"On August 17, 2017, the Centers for Medicare and Medicaid Services (CMS) proposed a new rule canceling the mandatory bundling rule. Scholars at the Center for Health Policy at Brookings gave their thoughts on what the bundled payment program could look like under a trumpadministration. On December 1, 2017, CMS finalized a rule rescinding the Obama-era rule.",,,
89,,,1/8/2018,Rescinded,,,,,Telecom,FCC,Federal Communications Commission,,Media Cross-Ownership Ban: Repeal,,,,,,1/8/2018,https://www.federalregister.gov/documents/2018/01/08/2017-28329/2014-quadrennial-regulatory-review,,trump,progress,2/7/2018,,,trump,progress,Repeal of a rule prohibiting a single company from owning a newspaper and television and radio stations in the same town.,"Established in 1975, the Federal Communications Commission (FCC) Broadcast Ownership Rules set limits on the number of broadcast television and radio stations that a single company can own, as well as limits on the common ownership of broadcast stations and newspapers. On November 16, 2017, the FCC voted 3-2 along party lines to eliminate the Newspaper/Broadcast Cross-Ownership Rule and the Radio/Television Cross-Ownership Rule, allowing a single company to own radio and television stations as well as local newspapers in the same town.",,,
93,,,6/4/2018,Unchanged,,,,,"Environmental
Children, Youth, and Families",EPA,Environmental Protection Agency,,National Ambient Air Quality Standards for Ozone,12/17/2014,https://www.federalregister.gov/documents/2014/12/17/2014-28674/national-ambient-air-quality-standards-for-ozone,,obama,progress,10/26/2015,https://www.federalregister.gov/documents/2015/10/26/2015-26594/national-ambient-air-quality-standards-for-ozone,,obama,progress,10/1/2017,https://www.federalregister.gov/documents/2017/08/10/2017-16901/withdrawal-of-extension-of-deadline-for-promulgating-designations-for-the-2015-ozone-national,Delayed,trump,block,,"This action rescinds the greenhouse gas (GHG) and volatile organic compounds (VOC) standards applicable to sources in the transmission and storage segment. As a second step, EPA also rescinds the methane requirements of the NSPS applicable to sources in the production and processing segments. The agency contends that the proposed amendments to the current emissions standards will improve NSPS implementation. According to EPA estimates, this proposal is expected to increase methane emissions by 350,000-370,000 short tons, and save the oil and gas industry $97-123 million over the 2019-2025 time frame. Notably, EPA's methane deregulations lowered the social cost of methane to $55 per metric ton, significantly below the Obama era estimate of $1,400. This rule was finalized August 13, 2020 and is considered an E.O. 13771 deregulatory action.",,,
94,,,10/19/2017,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,,National Emission Standards for the Manufacture of Amino/Phenolic Resins,8/24/2017,https://www.federalregister.gov/documents/2017/08/24/2017-17514/national-emission-standards-for-hazardous-air-pollutants-manufacture-of-aminophenolic-resins,,trump,progress,,,,,,,,,,,A rule revising the maximum achievable control technology standards for back-end continuous process vents at affected sources.,"In October 2014, the Environmental Protection Agency (EPA) finalized amendments to the national emission standards for hazardous air pollutants (NESHAP) for the manufacture of amino/phenolic resins. Subsequently, the EPA received three petitions for reconsideration of the final rule. The EPA is requesting public comment on issues related to the maximum achievable control technology (MACT) standards for continuous process vents (CPVs) at existing affected sources.",,,
95,,,2/3/2018,Rescinded,,,,,Telecom,FCC,Federal Communications Commission,,National Television Multiple Ownership Rule / Removal of UHF Discount,11/14/2013,https://www.federalregister.gov/documents/2013/11/14/2013-26004/national-television-multiple-ownership-rule,,obama,progress,10/24/2016,https://www.federalregister.gov/documents/2016/10/24/2016-25569/national-television-multiple-ownership-rule,,obama,progress,6/5/2017,https://www.federalregister.gov/documents/2017/05/05/2017-09001/national-television-multiple-ownership-rule,Rescinded,trump,block,A rule eliminating the UHF discount from the calculation of the national television audience reach cap.,"The Consolidated Appropriations Act of 2004 establishes a ""national audience reach cap,"" which forbids any entity from owning TV stations reaching more than 39 percent of U.S. households. Because UHF broadcasting has a weak signal compared to VHF broadcasting, in 1985 the Federal Communications Commission (FCC) instituted the UHF Discount, which allowed TV station owners to discount the audience reach of their UHF stations by 50 percent when calculating compliance with the National Television Ownership Rule, in effect raising the limit on household coverage for TV station owners from 39 percent to 78 percent.
On October 24, 2016, the FCC eliminated the UHF Discount, stating that it was no longer justified because of the transition to digital television. Two TV broadcasting groups filed a petition opposing the removal of the UHF Discount. On May 5, 2017, the FCC granted the petition, reinstating the UHF Discount, citing the previous administration's failure ""to consider whether this de facto tightening of the national cap was in the public interest."" Reinstatement of the UHF Discount took effect June 5. But on May 10, 2017, Free Press petitioned the FCC to stay its ruling, and on May 20 requested an emergency motion for stay. However, the D.C. Circuit Court rejected the motion on June 15, leaving the UHF Discount in place.
On November 22, 2017, the FCC announced plans for a ""holistic review"" of the National Television Multiple Ownership Rule; a notice of proposed rulemaking to initiate the comprehensive review was published in the Federal Register on January 26, 2018.",,,
96,,,1/16/2019,In effect,Y,,,,"Health
Children, Youth, and Families","IRS, DoL, HHS","Internal Revenue Service, Department of Labor, Department of Health and Human Services",,Religious and Moral Exemptions from Contraceptive Coverage Mandates,10/13/2017,https://www.federalregister.gov/documents/2017/10/13/2017-21856/religious-exemptions-and-accommodations-for-coverage-of-certain-preventive-services-under-the,,trump,progress,11/7/2018,https://www.federalregister.gov/documents/2018/11/15/2018-24512/religious-exemptions-and-accommodations-for-coverage-of-certain-preventive-services-under-the,,trump,progress,1/14/2019,,Partially,trump,progress,A rule expanding religious and moral exemptions for insurance coverage of contraceptives.,"The Affordable Care Act specifies 10 ""essential health benefits"" that health insurance plans are required to include, among them, ""preventative services."" In August 2011, the Department of Health and Human Services (HHS) issued required health plan coverage guidelines for women's preventative services, which mandated the coverage of contraceptive services. However, certain exemptions and accommodations are allowed for religious and moral objectors. Previously, religious exemptions had applied only to churches and similar religious organizations, and the moral exemption was more limited in scope.
On October 13, 2017, HHS introduced two separate interim rules expanding religious exemptions and moral exemptions for certain entities and individuals whose health plans are subject to the contraceptive mandate. The interim rules expanded the religious exemption to many non-governmental employers (including nonprofits, for-profits, and non-governmental institutions of higher education), insurers, and individuals that held a religious objection to the provision of all or a subset of contraceptives, sterilization, and related patient education and counseling. It also expanded the moral exemption to certain non-governmental employers and individuals who object to the contraceptive mandate based on sincerely held moral convictions. These interim rules were effective October 6, 2017. On November 1st, 2017, five states' attorneys general filed a lawsuit seeking injunction, and on November 9th filed a motion for preliminary injunction pending resolution of the November 1st case. Federal District Courts in California and Pennsylvania issued those preliminary injunctions, while Federal court in Massachusetts dismissed the case.
On November 7, 2018, HHS, the Department of Labor, and Treasury released two final rules on religious and moral exemptions that largely maintain the previous interim rules; they were published in the Federal Register on November 15, and are effective January 14, 2019. But on January 13, a day before the exemptions were supposed to take effect, U.S. District Judge Haywood Gilliam in Oakland, California issued a preliminary injunction against the final rules. This blocks the exemptions from taking effect only in the 13 states that sued, plus the District of Columbia. A chance of a nationwide injunction still remains in a separate case by Pennsylvania Attorney General John Shapiro and his New Jersey counterpart Gurbir Grewal.",,,
97,,,8/10/2018,In rulemaking,,,,,Environmental,DoE,Department of Energy,,Nuclear Safety Management,8/8/2018,https://www.federalregister.gov/documents/2018/08/08/2018-16863/nuclear-safety-management,,trump,progress,,,,,,,,,,,A rule amending Nuclear Safety Management regulations.,"The Atomic Energy Act of 1954 gives the Department of Energy (DoE) the authority to manage nuclear and non-nuclear facilities across the US; they are operated by DoE personnel and contractors. The regulations governing safety management have been in effect since January 10, 2001. On August 8, 2018, the DoE proposed a rule to amend regulations concerning nuclear safety management. It would make key changes that would remove requirements that are considered duplicative or not effective. The proposed rule is expected to improve the efficiency of the regulatory framework of nuclear safety management, and is a deregulatory action under E.O 13771. The rule's comment period ends on October 9, 2018.",,,
98,,,10/19/2017,In rulemaking,,,,,"Health
Children, Youth, and Families",HHS,Department of Health and Human Services,,Nursing Home Arbitration Requirements: Revision,6/8/2017,https://www.federalregister.gov/documents/2017/06/08/2017-11883/medicare-and-medicaid-programs-revision-of-requirements-for-long-term-care-facilities-arbitration,,trump,progress,,,,,,,,,,,Revision of a rule barring long-term care facilities participating in Medicare and Medicaid from requiring prospective residents to sign binding arbitration agreements.,"In October 2016, the Department of Health and Human Services (HHS) issued nursing home arbitration requirements, which revised requirements for long-term care facilities participating in Medicare and Medicaid. Recognizing that a fundamental problem affecting nursing home arbitration is the mental competency of the resident signing the contract, the Obama administration's rule barred long-term care facilities from forcing prospective residents to sign pre-dispute arbitration agreements as terms of acceptance. On November 7, 2016, the American Health Care Association complained that the ban was unlawful, and a federal court in Mississippi issued a preliminary injunction stopping the implementation. The trumpadministration is now proposing to revise the requirements.",,,
99,"100, 101, 102,103",1,6/1/2018,In rulemaking,,,,,"Labor
Environmental",DoL,Department of Labor,Occupational Exposure to Beryllium Rule,Occupational Exposure to Beryllium Rule,8/7/2015,https://www.federalregister.gov/documents/2015/08/07/2015-17596/occupational-exposure-to-beryllium-and-beryllium-compounds,,obama,progress,1/9/2017,https://www.federalregister.gov/documents/2017/01/09/2016-30409/occupational-exposure-to-beryllium,,obama,progress,5/20/2017,,Delayed,obama,progress,A rule tightening the standards for occupational exposure to beryllium.,"Beryllium is a lightweight metal that can induce adverse health effects if workers breathe in its dust, mist, or fumes, or if a worker's skin comes into contact with beryllium particulate, fumes, or solutions. The Occupational Safety and Health Administration (OSHA) determined that employees exposed to beryllium at the previous permissible exposure limits faced a significant risk of material impairment to their health, and thus the occupational exposure to beryllium rule established new permissible exposure limits for beryllium in the workplace.
The occupational exposure to beryllium rule was finalized on January 9, 2017, and set to go into effect March 10, 2017. On January 20, 2017, the president issued a regulatory freeze, delaying the effective date of the occupational exposure to beryllium rule until March 21, 2017. On March 2, 2017, the Department of Labor (DoL) proposed to further delay the effective date until May 20, 2017, and on March 21 the delay was finalized. Attempts to further delay the effective date of the rule were not pursued, and the rule went into effect as planned on May 20, 2017. ",,,
100,"99, 101, 102,103",3,7/3/2018,Unchanged,,,,,"Labor
Environmental",DoL,Department of Labor,Occupational Exposure to Beryllium Rule,Amendments for general industry,,,,,,5/7/2018,https://www.federalregister.gov/documents/2018/05/07/2018-09306/revising-the-beryllium-standard-for-general-industry,,trump,progress,7/6/2018,,,trump,progress,A rule clarifying the standards for occupational exposure to beryllium for general industry.,"On May 7, 2018, OSHA issued a direct final rule clarifying application of the new standards to materials containing trace amounts of beryllium. According to OSHA, the original intent of the rule was to protect employees working with trace beryllium only when it caused airborne exposures of concern. But industry stakeholders said that an unintended consequence of the rule is that provisions intended to protect workers from skin contact with beryllium could be read to apply to materials with only trace levels of beryllium. This direct final rule clarifies that the rule does not apply to areas containing less than 0.1 percent beryllium by weight. This direct final rule is expected to be an E.O. 13771 deregulatory action.",,,
101,"99, 100, 102,103",2,11/12/2019,,,,,,"Labor
Environmental",DoL,Department of Labor,Occupational Exposure to Beryllium Rule,New Rule Proposal,6/27/2017,https://www.federalregister.gov/documents/2017/06/27/2017-12871/occupational-exposure-to-beryllium-and-beryllium-compounds-in-construction-and-shipyard-sectors,,trump,progress,9/30/2019,https://www.federalregister.gov/documents/2019/09/30/2019-21037/occupational-exposure-to-beryllium-and-beryllium-compounds-in-construction-and-shipyard-sectors,,trump,progress,9/30/2020,https://www.federalregister.gov/documents/2019/09/30/2019-21037/occupational-exposure-to-beryllium-and-beryllium-compounds-in-construction-and-shipyard-sectors,Partially,trump,progress,A rule loosening the standards for occupational exposure to beryllium in the shipyard and construction sectors.,"On June 27, 2017, the DoL proposed a new rule to revoke the ancillary provisions of the rule for the construction and the shipyard sectors, while retaining the new exposure limits for other sectors. The proposed rule noted that the occupational exposure to beryllium rule would not be enforced for the shipyard and construction sectors while the new rulemaking was underway. Compliance dates were set for March 12, 2018, but on March 2, 2018, OSHA issued a memo stating that no provisions of the standard would be enforced until May 11, 2018. Then, on May 9, 2018, OSHA issued an enforcement memo, stating that the ancillary requirements affected by the new rule proposal would not be enforced until June 25, 2018. On June 1, 2018, OSHA proposed to extend the compliance date to December 12, 2018.
On September 30, 2019, OSHA published a final rule, finalizing only parts of the proposed rule. The final rule would not revoke the ancillary provisions for the construction and shipyard sectors proposed in June 2017, since OSHA finds that other safety rules are not sufficient. However, OSHA maintained delaying the deadline for compliance of all provisions of its standards, extending the compliance date to September 30, 2020. This rule is expected to be an E.O. 13771 deregulatory action with annual cost savings of the compliance date extension estimated at $0.42 million.",,,
102,"99, 100, 101,103",5,12/30/2019,In rulemaking,,,,,Labor,DoL,Department of Labor,Occupational Exposure to Beryllium Rule,Proposed revisions for shipyard and construction industries,10/8/2019,https://www.federalregister.gov/documents/2019/10/08/2019-21038/occupational-exposure-to-beryllium-and-beryllium-compounds-in-construction-and-shipyard-sectors,,trump,progress,,,,,,,,,,,A new rule revising the occupational exposure to beryllium standards for shipyard and construction sectors.,"On September 30, 2019, Occupational Safety and Health Administration (OSHA) finalized a rule delaying compliance dates for the Beryllium rule (see entries above). It notably excluded the revision of occupational exposure to beryllium standards for the construction and shipyard industries from its final rule. On October 8, 2019, OSHA proposed a new rule laying out these revised standards. OSHA's rationales for these proposed changes are 1) to avoid overlap with other OSHA rules, 2) to tailor certain rule requirements for the construction and shipyard industries, and 3) to clarify certain requirements. OSHA's proposed revisions apply to several areas including definitions, methods of compliance, and recordkeeping. This proposed rule is expected to yield about $2.5 million in cost savings over 10 years and is an expected E.O. 13771 deregulatory action.",,,
103,"99,100,101,102",4,7/16/2020,,,,,,Environmental,DoL,Department of Labor,Occupational Exposure to Beryllium Rule,Further amendments for general industry,12/11/2018,https://www.federalregister.gov/documents/2018/12/11/2018-26448/revising-the-beryllium-standard-for-general-industry,,trump,progress,7/14/2020,https://www.federalregister.gov/documents/2020/07/14/2020-10678/revising-the-beryllium-standard-for-general-industry,,trump,progress,9/14/2020,https://www.federalregister.gov/documents/2020/07/14/2020-10678/revising-the-beryllium-standard-for-general-industry,,trump,progress,A rule further amending the general industry standards for beryllium exposure.,"On December 11, 2018, OSHA proposed a rule amending beryllium standards for general industry beyond the direct final rule above. The proposal clarifies certain provisions and simplifies compliance. According to OSHA, the revisions are ""designed to maintain or enhance worker protections overall by ensuring that the rule is well understood and compliance is more straightforward."" This rule was finalized on July 14, 2020 and will go into effect on September 14, 2020. It is an E.O. 13771 deregulatory action.",,,
104,,,3/19/2018,Delayed,,,,,Health,FDA,Food and Drug Administration,,Off-Label Intended Use Rule,9/25/2015,https://www.federalregister.gov/documents/2015/09/25/2015-24313/clarification-of-when-products-made-or-derived-from-tobacco-are-regulated-as-drugs-devices-or,,obama,progress,1/9/2017,https://www.federalregister.gov/documents/2017/01/09/2016-31950/clarification-of-when-products-made-or-derived-from-tobacco-are-regulated-as-drugs-devices-or,,obama,progress,3/16/2018,https://www.federalregister.gov/documents/2018/03/16/2018-05347/clarification-of-when-products-made-or-derived-from-tobacco-are-regulated-as-drugs-devices-or,Delayed*,trump,block,"A rule redefining the standard for evaluating ""intended uses"" of products regulated by the FDA.","Traditionally, the FDA has chosen when and how to regulate a product by evaluating the objective intent of the product based on labeling and advertising claims. The FDA also has the authority to resolve discrepancies between ""intended"" and ""actual"" uses in making a regulatory determination, depending on the manufacturer's knowledge of off-label uses. This latter authority, known as the ""knowledge provision,"" is rarely exercised. On September 25, 2015, the Food and Drug Administration (FDA) proposed a rule to clarify ambiguity concerning when a tobacco product qualifies as a drug and device, and could therefore be regulated as a medical product under the Federal Food, Drug, and Cosmetic Act. The FDA proposed to do this in several ways, including modifying the basis for determining a product's ""intended uses."" It also suggested deleting the knowledge provision, a proposal that industry welcomed.
On January 9, 2017, the FDA published a final rule codifying most of the changes suggested in the proposed rule, including the tobacco product definitions. Notably, however, the FDA changed its approach to the knowledge provision of the intended uses section, opting to retain the use of knowledge of off-label use as intended use and provided some guidance under which knowledge could be determined.
Shortly after publication, three biotechnology and pharmaceutical firms filed a petition to stay and for reconsideration of the final rule, claiming the FDA did not afford adequate notice and comment before changing their approach to intended uses, and therefore was in violation of the Administrative Procedure Act. The rule was delayed following President Trump's regulatory freeze on February 7, 2017, and again on March 20. On January 16, 2018, the FDA proposed to allow the tobacco-related portions of the rule go into effect as planned, while delaying the broader ""intended uses"" provisions indefinitely, pending further public comment. On March 16, 2018, the indefinite delay was finalized.",,,
105,106,1,10/19/2017,Rescinded,,,,,Environmental,DoI,Department of the Interior,"Oil , Gas, and Coal Lease Valuation Rule","Oil , Gas, and Coal Lease Valuation Rule",1/6/2015,https://www.federalregister.gov/documents/2015/01/06/2014-30033/consolidated-federal-oil-and-gas-and-federal-and-indian-coal-valuation-reform,,obama,progress,7/1/2016,https://www.federalregister.gov/documents/2016/07/01/2016-15420/consolidated-federal-oil-and-gas-and-federal-and-indian-coal-valuation-reform,,obama,progress,9/6/2017,https://www.federalregister.gov/documents/2017/02/27/2017-03861/postponement-of-effectiveness-of-the-consolidated-federal-oil-and-gas-and-federal-and-indian-coal,Rescinded,trump,block,"A rule modifying the valuation process for oil, gas, and coal leases for the purpose of valuing royalties.","In July 2016, the Department of the Interior (DoI) issued a rule revising valuation methods for federal and Indian land leases for the purposes of oil, gas, and coal extraction. The rule grew out of White House concerns about undervaluation of federal lands, and sought to increase royalty payments on these lands.",,,
106,105,2,10/19/2017,Rescinded,,,,,Environmental,DoI,Department of the Interior,"Oil , Gas, and Coal Lease Valuation Rule",Rescission,4/4/2017,https://www.federalregister.gov/documents/2017/04/04/2017-06600/federal-oil-and-gas-and-federal-and-indian-coal-valuation,,trump,progress,8/7/2017,https://www.federalregister.gov/documents/2017/08/07/2017-16571/repeal-of-consolidated-federal-oil-and-gas-and-federal-and-indian-coal-valuation-reform,,trump,progress,9/6/2017,,,trump,progress,"Rescission of Oil, Gas, and Coal Lease Valuation rule.","On December 29, 2016, three petitions were filed in a U.S. District Court in Wyoming, alleging that certain provisions of rule were arbitrary and capricious. On February 27, 2017, the trumpadministration issued an indefinite delay of the rule, pending judicial review. On March 28, 2017, President trumpissued an executive order seeking to reduce regulatory burdens related to energy production. In response to the order and in conjunction with concerns stemming from pending litigation, the Department of the Interior proposed to rescind the Obama administration's oil, gas, and coal lease valuation rule, which sought to increase royalties paid to the federal government by companies extracting resources on public lands. After an indefinite delay, the rule was rescinded on September 6, 2017.",,,
107,108,1,1/3/2018,Rescinded,,,,,Environmental,DoI,Department of the Interior,Oil and Gas Fracking Rule,Oil and Gas Fracking Rule,5/11/2012,https://www.federalregister.gov/documents/2012/05/11/2012-11304/oil-and-gas-well-stimulation-including-hydraulic-fracturing-on-federal-and-indian-lands,,obama,progress,3/26/2015,https://www.federalregister.gov/documents/2015/03/26/2015-06658/oil-and-gas-hydraulic-fracturing-on-federal-and-indian-lands,,obama,progress,12/29/2017,https://www.federalregister.gov/documents/2017/12/29/2017-28211/oil-and-gas-hydraulic-fracturing-on-federal-and-indian-lands-rescission-of-a-2015-rule,Rescinded,trump,block,A rule requiring disclosure of chemicals and other details of fracking operations.,"The Oil and Gas Fracking Rule set more stringent requirements for disclosure of information by fracking companies, specifically related to claims of trade secrets exempt from disclosure, public availability of information about each fracking operation, and retention of records related to chemicals used in fracking. On June 21, 2016, a U.S. District Court in Wyoming ordered the rule to be set aside, stating that the Bureau of Land Management lacked congressional authority to promulgate the regulation. On appeal, the 10th Circuit Court of Appeals found that the trumpadministration's intention to rescind the rule made the case ""prudentially unripe,"" and dismissed the case without prejudice on September 21, 2017. This caused significant confusion as to whether the Obama administration's rule would therefore become effective as the trumpadministration's rescission effort proceeds. As of November, the status of the previous rule was still being contested.",,,
108,107,2,1/3/2018,Rescinded,,,,,Environmental,DoI,Department of the Interior,Oil and Gas Fracking Rule,Rescission,7/25/2017,https://www.federalregister.gov/documents/2017/07/25/2017-15696/oil-and-gas-hydraulic-fracturing-on-federal-and-indian-lands-rescission-of-a-2015-rule,,trump,progress,12/29/2017,https://www.federalregister.gov/documents/2017/12/29/2017-28211/oil-and-gas-hydraulic-fracturing-on-federal-and-indian-lands-rescission-of-a-2015-rule,,trump,progress,12/29/2017,,,trump,progress,Rescission of Oil and Gas Fracking rule.,"On February 28, 2017, President trumpissued an executive order directing the secretary of the interior to review the Oil and Gas Fracking Rule. In response to this direction, and to resolve issues of pending litigation, the Department of the Interior (DoI) proposed to rescind the rule, noting that it imposes burdensome reporting requirements and other unjustified costs on the oil and gas industry. On December 29, 2017, the DoI rescinded the 2015 rule.",,,
109,110,1,3/15/2018,Rescinded,,,,,Agriculture,USDA,U.S. Department of Agriculture,Organic Livestock and Poultry Practices / Animal Welfare Rule,Organic Livestock and Poultry Practices / Animal Welfare Rule,4/13/2016,https://www.federalregister.gov/documents/2016/04/13/2016-08023/national-organic-program-organic-livestock-and-poultry-practices,,obama,progress,1/19/2017,https://www.federalregister.gov/documents/2017/01/19/2017-00888/national-organic-program-nop-organic-livestock-and-poultry-practices,,obama,progress,5/13/2018,https://www.federalregister.gov/documents/2018/03/13/2018-05029/national-organic-program-nop-organic-livestock-and-poultry-practices,Withdrawn,trump,block,"A rule requiring the humane treatment of ""certified organic"" animals.","The Organic Livestock and Poultry Practices Rule, also known as the Organic Animal Welfare Rule, requires organic farms to follow a set of improved animal welfare practices. The ""certified organic"" label does not guarantee humane treatment of animals. The rule was finalized on January 19, 2017, but on January 20, President trumpissued a regulatory freeze, which delayed the effective date of the rule to May 19, 2017. On May 10, 2017, the Department of Agriculture (USDA) delayed the rule to November 14, 2017, and at the same time proposed a new rule, asking the public to comment on the possible actions the USDA should take in regard to the rule. On September 13, 2017, the Organic Trade Association sued the USDA for delaying the rule. On November 14, 2017, the USDA delayed the rule again, until May 14, 2018, so that ""important questions regarding USDA's statutory authority to promulgate the rule and the likely costs and benefits of the rule can be more fully assessed.""",,,
110,109,2,3/15/2018,Rescinded,,,,,Agriculture,USDA,U.S. Department of Agriculture,Organic Livestock and Poultry Practices / Animal Welfare Rule,Withdrawal,12/18/2017,https://www.federalregister.gov/documents/2017/12/18/2017-27316/national-organic-program-nop-organic-livestock-and-poultry-practices-withdrawal,,trump,progress,3/13/2018,https://www.federalregister.gov/documents/2018/03/13/2018-05029/national-organic-program-nop-organic-livestock-and-poultry-practices,,trump,progress,5/13/2018,https://www.federalregister.gov/documents/2018/03/13/2018-05029/national-organic-program-nop-organic-livestock-and-poultry-practices,,trump,progress,Withdrawal of Organic Livestock rule.,"After delaying the rule on May 10, the Department of Agriculture (USDA) proposed a new rule, asking the public to comment on the possible actions the USDA should take in regard to the rule. On December 18, 2017, the USDA proposed to withdraw the rule altogether. On March 13, 2018, the USDA formally withdrew the rule.",,,
111,,,1/9/2018,In rulemaking,,,,,Environmental,DoI,Department of the Interior,,Outer Continental Shelf Oil and Gas Leasing Program,1/8/2018,https://www.federalregister.gov/documents/2018/01/08/2018-00083/notice-of-availability-of-the-2019-2024-draft-proposed-outer-continental-shelf-oil-and-gas-leasing,,trump,progress,,,,,,,,,,,A proposal to expand oil and gas drilling in the Outer Continental Shelf.,"In January 2015, the Obama Administration considered a five-year plan to permit drilling in the Atlantic Ocean but abandoned the plan in March 2016, due to concerns raised by the states and the Navy. In December 2016, the Obama Administration banned drilling in millions of acres of federally owned land in the Arctic and Atlantic Ocean, invoking the Outer Continental Shelf Lands Act of 1953, which allows a president to withdraw any currently unleased lands in the Outer Continental Shelf from future lease sales.
In response to an executive order signed by President Trump in April 2017, Secretary of the Interior Ryan Zinke on January 4, 2018 announced plans to vastly expand oil and gas drilling in U.S. continental waters. The Five Year Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program would allow drilling in 25 of the 26 areas of the Outer Continental Shelf that were previously off limits to oil and gas exploration, totaling more than a billion acres. It is the largest single expansion of offshore drilling activity ever proposed.",,,
112,,,6/8/2018,Delayed,,,,,Health,HHS,Department of Health and Human Services,,Penalties for Drug Company Overcharging,6/17/2015,https://www.federalregister.gov/documents/2015/06/17/2015-14648/340b-drug-pricing-program-ceiling-price-and-manufacturer-civil-monetary-penalties-regulation,,obama,progress,1/5/2017,https://www.federalregister.gov/documents/2017/01/05/2016-31935/340b-drug-pricing-program-ceiling-price-and-manufacturer-civil-monetary-penalties-regulation,,obama,progress,7/1/2019,https://www.federalregister.gov/documents/2018/06/05/2018-12103/340b-drug-pricing-program-ceiling-price-and-manufacturer-civil-monetary-penalties-regulation,Delayed,trump,block,A rule setting maximum drug prices and penalties for entities in the 340B drug pricing program.,"Section 340B of the Public Health Services Act allows certain covered entities to purchase pharmaceutical drugs at discounted prices to reach certain eligible patients. When a drug manufacturer enters a 340B pricing agreement with HHS, it agrees to keep the price of drugs below certain ceiling prices, or else pay a penalty. This rule establishes the 340B ceiling prices and the penalties drug manufacturers would pay for exceeding them.
The rule was set to go into effect on March 6, 2017, but on January 20, 2017, the president issued a regulatory freeze, delaying the effective date to March 21, 2017. On May 19, 2017, the rule was delayed until October 1, 2017, and on September 29, 2017, it was delayed again until July 1, 2018. On May 7, 2018, HHS proposed to further delay the rule to July 1, 2019, which was finalized on June 5, 2018.",,,
113,114,1,10/19/2017,In effect,,,,,Environmental,DoT,Department of Transportation,Penalties for Violations of Fuel Efficiency Standards,Penalties for Violations of Fuel Efficiency Standards,7/5/2016,https://www.federalregister.gov/documents/2016/07/05/2016-15800/civil-penalties,,obama,progress,12/28/2016,https://www.federalregister.gov/documents/2016/12/28/2016-31136/civil-penalties,,obama,progress,7/12/2017,https://www.federalregister.gov/documents/2017/07/12/2017-14526/civil-penalties,Delayed*,trump,block,A rule increasing fines paid by automakers for failing to meet corporate average fuel efficiency (CAFE) standards.,"Corporate average fuel economy (CAFE) standards require vehicle manufacturers to achieve an average fuel efficiency over their fleet, or else pay a penalty. On July 5, 2016, the Department of Transportation (DoT) issued an interim final rule adjusting for inflation the maximum fine paid by automakers for failing to meet fuel efficiency standards. The penalty was raised from $5.50 per tenth of a mile per gallon per vehicle to $14 per tenth of a mile per gallon per vehicle. The increased penalty was set to go into effect on August 4, 2016, but the Auto Alliance and Global Automakers filed a complaint asserting that the penalty was retroactive, since significant planning for future model years occurs several years in advance. Thus, the DoT decided that the $14 fine would apply to model years 2019 and later. The DoT denied the automakers' petition in all other respects. The rule was set to go into effect on January 27, 2017, but on January 25, it was delayed until March 25, then again on March 27, then again on June 27. On July 12, 2017, the rule was delayed indefinitely, pending reconsideration. On August 1, 2017, the Auto Alliance and Global Automakers filed a complaint related to the penalty for failing to meet the corporate average fuel economy (CAFE) standards. In addition to concerns raised about applying the increased penalties retroactively, the automakers' petition argued that the fine of $14 per tenth of a mile per gallon per vehicle was too high, claiming that it created ""negative economic impacts.""",,,
114,113,2,8/2/2019,In effect,,,,,Environmental,DoT,Department of Transportation,Penalties for Violations of Fuel Efficiency Standards,Lowering of Penalty,4/2/2018,https://www.federalregister.gov/documents/2018/04/02/2018-06550/civil-penalties,,trump,progress,7/26/2019,https://www.federalregister.gov/documents/2019/07/26/2019-15259/civil-penalties,,trump,progress,9/24/2019,https://www.federalregister.gov/documents/2019/07/26/2019-15259/civil-penalties,,trump,progress,A rule lowering fines paid by automakers for failing to meet corporate average fuel efficiency (CAFE) standards.,"The National Highway Traffic Safety Administration (NHTSA) sets Corporate Average Fuel Economy (CAFE) standards for passenger cars and light trucks and consequently, assesses civil penalties against vehicle manufacturers that are unable to meet these standards. After indefinitely delaying an increase of the penalty from $5.50 per tenth of a mile per gallon to $14 for model years 2019 and later (see above), NHTSA proposed a new rule to retain the penalty at $5.50 on 2 April, 2018.
The Federal Civil Penalties Inflation Adjustment Act of 2015 (""2015 Act"") requires agencies to adjust civil penalties for inflation, on the basis of which the penalty was raised by the Obama administration. In the proposed rule, NHTSA determined that the CAFE civil penalty does not fit the definition of a ""civil monetary penalty"" subject to this 2015 Act. Additionally, NHTSA found that increasing the penalty to $14 would lead to a negative economic impact. On 26 July, 2019, NHTSA finalized this determination, leaving the civil penalty rate at $5.50 for every 0.1 mile per gallon, instead of increasing it to $14 starting model year 2019. This goes into effect September 24, 2019.",,,
115,116,1,10/19/2017,Rescinded,,,,,"Financial
Labor",DoL,Department of Labor,Persuader Rule,Persuader Rule,6/21/2011,https://www.federalregister.gov/documents/2011/06/21/2011-14357/labor-management-reporting-and-disclosure-act-interpretation-of-the-advice-exemption,,obama,progress,3/24/2016,https://www.federalregister.gov/documents/2016/03/24/2016-06296/interpretation-of-the-advice-exemption-in-section-203c-of-the-labor-management-reporting-and,,obama,progress,4/25/2016,https://www.dol.gov/olms/regs/compliance/ecr/NFIBvPerezPreliminaryInjunction_June272016.pdf,Delayed*,court,block,A rule that expanded reporting requirement for interactions between labor relations consultants and employees.,"The Persuader Rule expanded the scope of the reporting requirements for employers and their labor relations consultants who engage with employees about how to exercise their rights to union representation and collective bargaining. Previously, reporting was only required when a consultant communicated directly with employees. The rule went into effect on April 25, 2016, but on June 27, 2016, a federal court in Texas issued a preliminary injunction that temporarily blocked the rule from taking effect.",,,
116,115,2,10/19/2017,Rescinded,,,,,"Financial
Labor",DoL,Department of Labor,Persuader Rule,Rescission,6/12/2017,https://www.federalregister.gov/documents/2017/06/12/2017-11983/rescission-of-rule-interpreting-advice-exemption-in-section-203c-of-the-labor-management-reporting,,trump,progress,7/17/2018,https://www.dol.gov/newsroom/releases/olms/olms20180717,,trump,progress,7/17/2018,https://www.dol.gov/newsroom/releases/olms/olms20180717,,trump,progress,Rescission of a rule that expanded reporting requirement for interactions between labor relations consultants and employees.,"On June 12, 2017, the Department of Labor (DoL) proposed to rescind the rule. On July 17, 2018, the DoL issued a press release finalizing the rescission.",,,
117,,,4/9/2018,Unchanged,,,,,"Environmental
Agriculture",EPA,Environmental Protection Agency,,Pesticide Applicator Certification Rule,8/24/2015,https://www.federalregister.gov/documents/2015/08/24/2015-19988/pesticides-certification-of-pesticide-applicators,,obama,progress,1/4/2017,https://www.federalregister.gov/documents/2017/01/04/2016-30332/pesticides-certification-of-pesticide-applicators,,obama,progress,3/6/2017,https://earthjustice.org/sites/default/files/files/cparRuling.pdf,Delayed,trump,block,A rule to improve the competency of certified pesticide applicators.,"This rule concerns the certification process for applicators of restricted-use pesticides. The rule was finalized on January 4, 2017, and set to go into effect on March 6, 2017. But on January 20, 2017, the president issued a regulatory freeze, which halted the rule from going into effect. The rule was further delayed on March 20, 2017. On April 25, 2017, President trumpissued an executive order on promoting agriculture and rural prosperity. In response to the executive order, the Environmental Protection Agency (EPA) proposed to further delay the rule until May 22, 2018. On May 22, 2017, the effective date was postponed until June 5, 2017, in order for the EPA to consider and respond to the proposed May 22, 2018 extension. On June 2, 2017, the effective date was officially delayed until May 22, 2018. On June 14, 2017, a trade group representing farm workers filed suit, contesting the delay. On March 21, 2018, a California district court ruled that the delay violated the Administrative Procedure Act, and declared March 6, 2017 to be the effective date.",,,
118,,,5/1/2018,In rulemaking,,,,,Telecom,FTC,Federal Trade Commission,,Picture Tube Rule: Repeal,4/18/2018,https://www.federalregister.gov/documents/2018/04/18/2018-08003/deceptive-advertising-as-to-sizes-of-viewable-pictures-shown-by-television-receiving-sets,,trump,progress,,,,,,,,,,,Repeal of a rule regarding non-deceptive advertising for the dimensions of television screens.,"The Federal Trade Commission (FCC) promulgated the Picture Tube Rule in 1966 to prevent deceptive claims regarding the size of television screens and to encourage uniformity and accuracy in marketing. The Picture Tube Rule set forth the means to non-deceptively advertise the dimensions of television screens. Due to the substantial changes in television screen technology and the near ubiquitousness of flat screen televisions, the Picture Tube Rule is no longer necessary or appropriate to prevent customer deception. This proposed rule eliminates the Picture Tube Rule.",,,
119,120,1,10/19/2017,Partially effective,,,,,Environmental,EPA,Environmental Protection Agency,Steam Electric Power Plant Pollution rule,Steam Electric Power Plant Pollution rule,6/7/2013,https://www.federalregister.gov/documents/2013/06/07/2013-10191/effluent-limitations-guidelines-and-standards-for-the-steam-electric-power-generating-point-source,,obama,progress,11/3/2015,https://www.federalregister.gov/documents/2015/11/03/2015-25663/effluent-limitations-guidelines-and-standards-for-the-steam-electric-power-generating-point-source,,obama,progress,9/18/2017,https://www.federalregister.gov/documents/2017/09/18/2017-19821/postponement-of-certain-compliance-dates-for-the-effluent-limitations-guidelines-and-standards-for,Partially,trump,block,A rule regulating the amount of toxic pollutants discharged by steam electric power plants.,"Among all industries regulated under the Clean Water Act, steam electric power plants contribute the greatest amount of toxic pollutants discharged to surface waters. The power plant water pollution rule establishes limits on the amount of toxic metals and other harmful pollutants that steam electric power plants are allowed to discharge into surface water. The rule was finalized on November 3, 2015.
On December 5, 2016, several industry representatives sued the Environmental Protection Agency (EPA) over the rule. In response to two petitions filed on March 24, 2017, EPA administrator Scott Pruitt announced that the EPA would reconsider the rule. On April 25, 2017, the EPA announced it would postpone certain compliance dates for the rule, noting that the rule was currently being challenged in court. In response, several environmental activist groups sued the EPA.
On June 6, 2017, the EPA proposed to postpone compliance dates for some of the more stringent portions rule dealing with flue-gas desulfurization wastewater and bottom ash transport waste, which both come from the burning of coal. Clean Water Action subsequently sued the EPA on July 28, 2017 for delaying the compliance dates.
On August 11, 2017, EPA administrator Pruitt sent a letter announcing that the EPA would conduct a new rulemaking to potentially revise the more stringent limitations of the rule. On September 18, 2017, the EPA announced it would postpone the effective dates for certain requirements by two years, and stated it is planning to undertake new rulemaking. On October 12, 2017, the Center for Biological Diversity announced its intent to sue the EPA for violating the Endangered Species Act by delaying the rule.",,,
120,119,2,10/21/2020,In effect,,,,,Environmental,EPA,Environmental Protection Agency,Steam Electric Power Plant Pollution rule,Steam Power Generating Effluent Guideline Revisions,11/22/2019,https://www.federalregister.gov/documents/2019/11/22/2019-24686/effluent-limitations-guidelines-and-standards-for-the-steam-electric-power-generating-point-source,,trump,progress,8/31/2020,https://www.epa.gov/sites/production/files/2020-08/documents/steam_electric_reconsideration_rule_final_frn_08_31_2020.pdf,,trump,progress,12/14/2020,https://www.federalregister.gov/documents/2020/10/13/2020-19542/steam-electric-reconsideration-rule,,trump,progress,A rule revising effluent limitations and guidelines for toxic waste generated from steam electric power generating plants.,"The Environment Protection Agency's (EPA) 2015 Steam Electric Power Generating (EPG) rule (2015 rule) set limits on toxic waste generated by power plants, and was mired by litigation (see entry above). On November 22, 2019, the EPA proposed revisions to the 2015 effluent limitations guidelines and standards (ELGs) for two categories of toxic waste generated from steam EPGs: flue gas desulfurization (FGD) wastewater and bottom ash (BA) transport water. Key changes include changing the technology-basis for wastewater treatment, revising the voluntary incentives program for FGD wastewater to provide more time for facilities to implement new standards, and adding subcategories for FGD and BA wastewater. These regulations will primarily revise requirements applicable to certain coal-fired steam electric power plants. This rule is expected to save $140 million annually in reduced compliance costs. It is an E.O. 13771 deregulation. On August 31, 2020, EPA finalized this rule.",,,
121,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,Environmental,DoI,Department of the Interior,,Predator Control Rule for National Wildlife Refuges in Alaska,1/8/2016,https://www.federalregister.gov/documents/2016/01/08/2016-00022/non-subsistence-take-of-wildlife-and-public-participation-and-closure-procedures-on-national,,obama,,8/5/2016,https://www.federalregister.gov/documents/2016/08/05/2016-18117/non-subsistence-take-of-wildlife-and-public-participation-and-closure-procedures-on-national,,obama,,9/6/2016,https://www.congress.gov/115/plaws/publ20/PLAW-115publ20.pdf,Nullified,trump,,Nullification of a rule governing predator control for national wildlife refuges in Alaska.,"The predator control rule sought to clarify the relationship between predator control and existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska. The rule became effective September 6, 2016. On February 7, 2017, Rep. Don Young (R-AK) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 16, and passed the Senate on March 21. On April 3, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
122,,,2/13/2018,In effect,,,,,Financial,CFPB,Consumer Financial Protection Bureau,,Prepaid Accounts Rule,12/23/2014,https://www.federalregister.gov/documents/2014/12/23/2014-27286/prepaid-accounts-under-the-electronic-fund-transfer-act-regulation-e-and-the-truth-in-lending-act,,obama,progress,11/22/2016,https://www.federalregister.gov/documents/2016/11/22/2016-24503/prepaid-accounts-under-the-electronic-fund-transfer-act-regulation-e-and-the-truth-in-lending-act,,obama,progress,4/1/2019,https://www.federalregister.gov/documents/2018/02/13/2018-01305/rules-concerning-prepaid-accounts-under-the-electronic-fund-transfer-act-regulation-e-and-the-truth,Delayed,trump,block,A rule establishing comprehensive consumer protections for prepaid accounts.,"The Prepaid Accounts Rule, also known as the ""Prepaid Rule,"" created comprehensive consumer protections for prepaid accounts. It required that providers of prepaid products protect consumers against fraud and theft, give consumers free and easy access to the product, work with consumers to investigate any errors on covered products, provide disclosures to highlight key costs associated with the product, and adopt certain protections provided to credit cards, such as monthly account statements, consideration of whether a consumer has the ability to repay the debt before offering credit, and limits on late fees.
It was one of the Consumer Financial Protection Bureau's (CFPB's) most criticized rules, and took nearly six years to finalize (initial discussions began in May 2012). The Prepaid Rule was finalized in November 2016, two years after it was officially proposed. The rule was originally set to take effect on October 1, 2017.
After industry stakeholders complained that the rule was overly broad and could leave them on the hook for fraudulent losses, the CFPB in April 2017 delayed implementation of the rule for six months, to April 1, 2018. Believing further adjustments were necessary, the CFPB proposed further amendments to the rule in June 2017. At issue were the Prepaid Rule's requirements for resolving errors on unregistered accounts and requirements for credit card accounts linked with digital wallets. These developments happened under CFPB director and Obama appointee Richard Cordray, who resigned in November 2017.
In February 2018, under acting director and trumpappointee Mick Mulvaney, the CFPB finalized the amendments, and delayed the overall effective date to April 1, 2019. The final rule clarified that error resolution requirements and limited liability protections will only apply after a consumer's identity has been verified, and also provided industry with more flexibility on cards linked to digital wallets. Industry stakeholder praised the new amendments for fixing some of the Prepaid Rule's most heavily disputed provisions.",,,
123,124,1,4/9/2018,In effect,,,,,Labor,DoL,Department of Labor,Pre-Shift Mining Examinations Rule,Pre-Shift Mining Examinations Rule,6/8/2016,https://www.federalregister.gov/documents/2016/06/08/2016-13218/examinations-of-working-places-in-metal-and-nonmetal-mines,,obama,progress,1/23/2017,https://www.federalregister.gov/documents/2017/01/23/2017-00832/examinations-of-working-places-in-metal-and-nonmetal-mines,,obama,progress,6/2/2018,https://www.federalregister.gov/documents/2018/04/09/2018-07084/examinations-of-working-places-in-metal-and-nonmetal-mines,Amended,trump,block,A rule requiring safety and health examinations of mines to be conducted before miners begin work.,"The pre-shift mining examinations rule requires that an examination of the working place be conducted before miners begin work in an area, and that the operator notifies miners in the working place of any conditions found that may adversely affect their safety or health. The rule was finalized on January 23, 2017.
The Department of Labor (DoL) delayed the rule on March 27, then again on May 22, then again on September 12. Also on September 12, the DoL proposed a slightly modified rule On October 5, 2017, the rule was delayed for a fourth time, extending the effective date to June 2, 2018.",,,
124,123,2,4/9/2018,In effect,,,,,Labor,DoL,Department of Labor,Pre-Shift Mining Examinations Rule,Amendment,9/12/2017,https://www.federalregister.gov/documents/2017/09/12/2017-19381/examinations-of-working-places-in-metal-and-nonmetal-mines,,trump,progress,4/9/2018,https://www.federalregister.gov/documents/2018/04/09/2018-07084/examinations-of-working-places-in-metal-and-nonmetal-mines,,trump,progress,6/2/2018,,,trump,progress,A rule allowing safety and health examinations of mines to be conducted after miners begin work.,"On September 12, 2017, the Department of Labor (DoL) proposed a modified pre-shift mining rule. While the original rule required examinations to be conducted before miners begin work, the modified rule required examinations to be conducted before work begins or as miners begin work. It also weakened the requirements for information included on the examination reports, did not require that operators make the records available to miners and their representatives, and did not specify that a ""competent person"" conduct the examinations. On April 9, 2018, the modified rule was published in the Federal Register, with an effective date of June 2, 2018.",,,
125,,,1/3/2018,In rulemaking,,,,,Environmental,DoI,Department of the Interior,,Production Safety Systems Rule: Revision,12/29/2017,https://www.federalregister.gov/documents/2017/12/29/2017-27309/oil-and-gas-and-sulphur-operations-on-the-outer-continental-shelf-oil-and-gas-production-safety,,trump,progress,,,,,,,,,,,A rule weakening requirements for oil and natural gas production safety systems on the Outer Continental Shelf.,"The Production Safety Systems Rule was finalized in September 2016, in part as a response to the Deepwater Horizon oil spill of 2010. The Production Safety Systems Rule set standards for safety and pollution prevention equipment used in the production of oil and gas on the Outer Continental Shelf. On December 29, 2017, the Department of the Interior proposed to weaken the standards, claiming that they were unnecessarily burdensome for operators. Among other things, the new proposed rule eliminates a requirement that safety and pollution prevention equipment be inspected by independent auditors certified by the Bureau of Safety and Environmental Enforcement, and instead would allow oil companies to use ""recommended practices"" set by industry to ensure equipment safety.",,,
126,,,7/3/2018,Delayed,,,,,Education,DoEd,Department of Education,,Program Integrity and Improvement / State Authorization of Distance Education Rule,7/25/2016,https://www.federalregister.gov/documents/2016/07/25/2016-17068/program-integrity-and-improvement,,obama,progress,12/19/2016,https://www.federalregister.gov/documents/2016/12/19/2016-29444/program-integrity-and-improvement,,obama,progress,7/1/2020,https://www.federalregister.gov/documents/2018/07/03/2018-14373/program-integrity-and-improvement,Delayed,trump,block,A rule allowing the Department of Education to deny federal student aid to online universities operating in states in which they are not authorized.,"The Higher Education Act of 1965 requires institutions to be authorized in the state in which they are located as a condition for eligibility to receive Title IV federal student aid. While all higher education institutions must have state authorization in the states in which they are physically located, there were no federal regulations for providers of ""distance education"" (that is, online education) in states where the institutions are not located. The Program Integrity and Improvement Rule, also known as the State Authorization of Distance Education Rule, closed this loophole by allowing the Department of Education (DoEd) to refuse federal student aid funds to online distance education providers who operated in states in which they were not authorized. The rule, finalized in December 2016, was set to go into effect in July 2018. But on July 3, 2018, the DoEd delayed the effective date to July 2020 to allow for reconsideration of the rule.",,,
127,"52,79,233,234",3,1/12/2021,In effect,Y,,,,Environmental,DOI,Department of the Interior,Endangered Species Act: Rule Revisions,Prohibitions to Threatened Wildlife and Plants: Reduce Scope,7/25/2018,https://www.federalregister.gov/documents/2018/07/25/2018-15811/endangered-and-threatened-wildlife-and-plants-revision-of-the-regulations-for-prohibitions-to,,trump,progress,8/12/2019,https://www.fws.gov/endangered/esa-library/pdf/prohibitions-to-threatened-wildlife-and-plants.pdf,,trump,progress,,,,,,A rule that limits prohibited activities involving threatened and endangered species to only endangered species.,"Section 9 of the Endangered Species Act (ESA) extends most of the statute's protections, including the prohibition on unauthorized take, only to endangered species. However in practice, U.S. Fish and Wildlife Service (FWS) has automatically extended those protections to all species listed as threatened through a broad regulation known as the ""blanket 4(d) rule.""
FWS proposed to rescind this rule for all species that will be listed as ""threatened."" FWS would extend the ESA's prohibition on unauthorized take to threatened species on a case-by-case basis. The proposed rescission of the blanket 4(d) rule would not apply to species previously listed as ""threatened""--for these species, FWS would be required to enact a species-specific rule to remove heightened protections for those threatened species. On August 12, 2019, FWS finalized this rule, clarifying that this rule does not alter the applicable prohibitions for species already listed as protected.",,,
128,,,8/3/2018,In effect,,,,,"Transportation
Labor",DoT,Department of Transportation,Public Transportation Safety Certification,Public Transportation Safety Certification,12/3/2015,https://www.federalregister.gov/documents/2015/12/03/2015-30466/public-transportation-safety-certification-training-program,,obama,progress,7/19/2018,https://www.federalregister.gov/documents/2018/07/19/2018-15168/public-transportation-safety-certification-training-program,Altered,trump,progress,8/20/2018,https://www.federalregister.gov/documents/2018/07/19/2018-15168/public-transportation-safety-certification-training-program,,trump,progress,A rule that establishes minimum training requirements for federal and state transit oversight personnel and contractors responsible for safety examinations and of public transportation systems.,"The Public Transportation Safety Certification Training Program (PTSCTP) is a uniform safety training curriculum that was promulgated on February 27, 2015 to improve the safety of public transportation. It applies to 1) Federal and State Safety Oversight Agency personnel and contractors who conduct safety audits and examinations of transit systems, and 2) transit agency employees responsible for safety oversight of public transit systems.The interim provisions that were promulgated in February took effect on May 28, 2015.
On December 3, 2015, FTA proposed to adopt those interim provisions as final requirements for PTSCTP. But the final rule published July 19 2018 eliminates two minimum requirements in the training curriculum: a 36-hour Transit System Security (TSS) Course, and a 2-hour Safety Management System (SMS) course. Hence, it reduces the number of training hours, which is expected to produce a net cost benefit for the agencies. This new rule will replaced the previous provisions and became effective on August 20, 2018.",,,
129,,,4/16/2019,In effect,,,,,Transportation,DoT,Department of Transportation,,Railroad Noise Emission Badge Requirement Removal,7/17/2018,https://www.federalregister.gov/documents/2018/07/16/2018-14961/railroad-noise-emission-compliance-regulations,,trump,progress,4/15/2019,https://www.federalregister.gov/documents/2019/04/15/2019-07389/railroad-noise-emission-compliance-regulations,,trump,progress,4/15/2019,https://www.federalregister.gov/documents/2019/04/15/2019-07389/railroad-noise-emission-compliance-regulations,,trump,progress,A rule removing the requirement that certain railroad locomotives and associated equipment display a badge communicating information about their noise control certification test.,"Railroad locomotives, cars, and associated equipment built after December 31, 1979, are required to comply with certain noise standards determined by the Federal Railroad Administration (FRA). In addition to complying with standards, FRA requires railroads to ""attach a permanent badge or tag in the cab of the locotmotive displaying the results of the cerification test (including the method, date and location of the test, and the sound level reading obtained during the test)."" On July 16, 2018, FRA proposed removing this requirement, stating that the badge is not essential to their enforcement of noise standard compliance. FRA designed this rule as a 13771 deregulatory action. The rule was finalized and effective April 15, 2019.",,,
130,,,2/12/2018,In effect,,Guidance,Guidance issued by assistant EPA administrator,,Environmental,EPA,Environmental Protection Agency,,Reclassification of Major Sources as Area Sources under the Clean Air Act,,,,,,,,,,,,,,,,Guidance regarding reclassification of major sources of hazardous air pollutants.,"The Clean Air Act states that the Environmental Protection Agency (EPA) must establish maximum achievable emission standards for hazardous air pollutants. Section 112 of the Clean Air Act distinguishes between ""major sources"" of hazardous air pollutants and ""area sources,"" which are subject to less stringent emission standards. A 1995 memo established the ""once in, always in"" policy, which permanently designated major sources.
On January 25, 2018, the EPA withdrew the 1995 memo, stating that the ""plain language"" of section 112 compels the conclusion that a major source becomes an area source as soon as the source's potential to emit hazardous air pollutants falls below the major source threshold.",,,
131,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,Labor,DoL,Department of Labor,,Record of Injury Rule,7/29/2015,https://www.federalregister.gov/documents/2015/07/29/2015-18003/clarification-of-employers-continuing-obligation-to-make-and-maintain-an-accurate-record-of-each,,obama,,12/19/2016,https://www.federalregister.gov/documents/2016/12/19/2016-30410/clarification-of-employers-continuing-obligation-to-make-and-maintain-an-accurate-record-of-each,,obama,,1/18/2017,https://www.congress.gov/115/plaws/publ21/PLAW-115publ21.pdf,Nullified,trump,,Nullification of a rule clarifying the ongoing obligation of employers to maintain accurate records of work-related injuries.,"The Record of Injury Rule clarified that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The rule added no new compliance obligations and did not require employers to make records of any injuries or illnesses for which records were not already required to be made.
On February 21, 2017, Rep. Bradley Byrne (R-AL) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on March 1, and passed the Senate on March 22. On April 3, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
132,,,7/11/2018,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,,Refinery Sector Rule: Amendments,4/10/2018,https://www.federalregister.gov/documents/2018/04/10/2018-06223/national-emission-standards-for-hazardous-air-pollutants-and-new-source-performance-standards,,trump,progress,,,,,,,,,,,Amendments to a rule regulating petroleum refineries.,"The Petroleum Refinery Rule, finalized December 1, 2015, established new source performance standards (NSPS) for petroleum refineries. The rule requires continuous monitoring for benzene and calls for a comprehensive program of pollution prevention targeted at reductions in visible flare emissions and releases by pressure release devices. The rule is based on a risk and technology review of two refinery emissions standards, known as refinery MACT 1 and refinery MACT 2.
This proposed rule amends the Refinery Sector Rule by making several technical corrections to refinery MACT 1 and refinery MACT 2. This rule is expected to be an E.O. 13771 deregulatory action. An additional amendment to extend the compliance dates for maintenance vents was proposed on July 10, 2018, but is expected to have ""an insignificant effect on emissions reductions and no effect on costs.""",,,
133,,,5/11/2018,In effect,,,,,Financial,"Treasury, Fed, FDIC","Department of the Treasury, Federal Reserve Board, Federal Deposit Insurance Corporation",,Regulatory Capital Rule for Small Banks: Transitions,8/25/2017,https://www.federalregister.gov/documents/2017/08/25/2017-17822/regulatory-capital-rules-retention-of-certain-existing-transition-provisions-for-banking,,trump,progress,11/21/2017,https://www.federalregister.gov/documents/2017/11/21/2017-25172/regulatory-capital-rules-retention-of-certain-existing-transition-provisions-for-banking,,trump,progress,1/1/2018,,,trump,progress,A rule extending the 2017 regulatory capital treatment for certain items for smaller banks.,"This rule, known as the Transitions Rule, extends the 2017 regulatory capital treatment for certain items for smaller banks. Specifically, the rule applies to banking organizations that are not subject to the capital rules' advanced approaches, called ""non-advanced approaches banking organizations,"" which tend to be smaller banks. The Transitions Rule accompanies the Simplifications Rule, which proposes to simplify the regulatory capital rules.",,,
134,,,5/11/2018,In rulemaking,,,,,Financial,"Treasury, Fed, FDIC","Department of the Treasury, Federal Reserve Board, Federal Deposit Insurance Corporation",,Regulatory Capital Rule for Small Banks: Simplifications,10/27/2017,https://www.federalregister.gov/documents/2017/10/27/2017-22093/simplifications-to-the-capital-rule-pursuant-to-the-economic-growth-and-regulatory-paperwork,,trump,progress,,,,,,,,,,,A rule simplifying regulatory capital treatment for certain items for smaller banks.,"This proposed rule, known as the Simplifications Rule, proposes to simplify regulatory capital treatment for certain items for smaller banks. Specifically, the rule applies to banking organizations that are not subject to the capital rules' advanced approaches, called ""non-advanced approaches banking organizations,"" which tend to be smaller banks. The Simplifications Rule accompanies the Transitions Rule, which extended the 2017 transition provisions.",,,
135,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,Environmental,DoI,Department of the Interior,,Resource Management Planning Rule,4/25/2016,https://www.federalregister.gov/documents/2016/02/25/2016-03232/resource-management-planning,,obama,,12/12/2016,https://www.federalregister.gov/documents/2016/12/12/2016-28724/resource-management-planning,,obama,,1/11/2017,https://www.congress.gov/115/plaws/publ12/PLAW-115publ12.pdf,Nullified,trump,,Nullification of a rule enhancing efficiency and tranparency of resource management planning on public lands.,"On January 30, 2017, Rep. Liz Cheney (R-WY) introduced a joint resolution of disapproval to nullify the resource management planning rule under the Congressional Review Act. The resolution passed the House on February 7, and passed the Senate on March 7. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
136,,,11/6/2018,Delayed,,,,,Financial,NCUA,National Credit Union Administration,,Risk-Based Capital Rule,2/27/2014,https://www.federalregister.gov/documents/2014/02/27/2014-01702/prompt-corrective-action-risk-based-capital,,obama,progress,10/29/2015,https://www.federalregister.gov/documents/2015/10/29/2015-26790/risk-based-capital,,obama,progress,1/1/2020,https://www.federalregister.gov/documents/2018/11/06/2018-24171/risk-based-capital,Delayed,trump,progress,A rule that regulates risk-based capital.,"On October 29, 2015, the National Credit Union Administration (NCUA) finalized a rule regarding its Prompt Corrective Action (PCA) regulations, which require credit unions taking certain risks to hold capital commensurate with that risk. It applied to federally-insured, natural persons credit unions with assets over $100 million. This rule was intended to reduce the risk of a relatively small number of high-risk credit unions exhausting their assets and imposing a burden on other credit unions. It was supposed to go into effect on January 1, 2019, which would have coincided with the Federal Deposit Insurance Corporation's (FDIC) phase-in of risk-based capital measures.
On August 8, 2018, the NCUA Board proposed a rule to delay the effective date by a year to January 1, 2020, and increase the threshold for targeted credit unions to $500 million. This threshold increase would exempt an additional 20% of credit unions from the regulations, bringing the overall exempted credit unions up to 90%.This delay, along with the increase in the threshold, was finalized on November 6, 2018.",,,
137,138,1,5/10/2018,Rescinded,,,,,Telecom,FCC,Federal Communications Commission,Rural Call Completion (Data Reporting Requirements),Rural Call Completion (Data Reporting Requirements),4/12/2013,https://www.federalregister.gov/documents/2013/04/12/2013-08527/rural-call-completion,,obama,progress,12/17/2013,https://www.federalregister.gov/documents/2013/12/17/2013-29867/rural-call-completion,,obama,progress,6/11/2018,https://www.federalregister.gov/documents/2018/05/10/2018-09969/rural-call-completion,Rescinded,trump,block,A rule requiring covered providers of long-distance voice service to record and retain data on call completion rates to rural areas.,"Calls originating from a long-distance provider may be handed off multiple times to different providers before reaching their final destination, which is a significant source of rural call completion problems. The 2013 Rural Call Completion Order required providers of long-distance voice service that initially select the route, known as ""covered providers,"" to record and retain data on call completion rates to rural areas and report to the Federal Communications Commission (FCC) on a quarterly basis. The rule's data reporting requirements for covered providers were premised on the belief that said providers had the greatest access to call detail information, and so would be best suited to record, retain, and report the relevant data on rural call completion.",,,
138,137,2,5/10/2018,Rescinded,,,,,Telecom,FCC,Federal Communications Commission,Rural Call Completion (Data Reporting Requirements),Repeal,7/27/2017,https://www.federalregister.gov/documents/2017/07/27/2017-15826/rural-call-completion,,trump,progress,5/10/2018,https://www.federalregister.gov/documents/2018/05/10/2018-09969/rural-call-completion,,trump,progress,6/11/2018,,,trump,progress,Repeal of Rural Call Completion rule.,"On May 10, 2018, the FCC repealed these data reporting requirements, claiming they have not provided useful information to the FCC and have been ineffective in deterring call completion failures.",,,
139,140,1,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,"Labor
Financial",DoL,Department of Labor,Safe Harbor for State-Administered Retirement Savings Programs,Safe Harbor for State-Administered Retirement Savings Programs,11/18/2015,https://www.federalregister.gov/documents/2015/11/18/2015-29426/savings-arrangements-established-by-states-for-non-governmental-employees,,obama,,8/30/2016,https://www.federalregister.gov/documents/2016/08/30/2016-20639/savings-arrangements-established-by-states-for-non-governmental-employees,,obama,,10/31/2016,https://www.congress.gov/115/plaws/publ35/PLAW-115publ35.pdf,Nullified,trump,,Nullification of a rule allowing state governments to establish retirement savings programs for private sector employees.,"The safe harbor regulations for state-administered retirement savings programs were written in response to legislation in some states to encourage private sector employees to save for retirement by giving them broader access to retirement savings arrangements through their employers. Some states had established state-administered programs to allow private sector employees to contribute salary withholdings to tax-favored retirement accounts, but had expressed concern that their payroll deduction savings programs might inadvertently trigger the Employee Retirement Income Security Act (ERISA). ERISA's broad definition of ""employee pension benefit plan"" meant that it might be possible for an employer to inadvertently establish an ERISA plan simply by purchasing insurance products for employees. The safe harbor regulation helped states establish and operate payroll deduction savings programs in a manner that reduced the risk that ERISA would preempt their laws and programs.
On February 7, 2017, Rep. Tim Walberg (R-MI) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 15, and passed the Senate on May 3. On May 17, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
140,139,2,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,"Labor
Financial",DoL,Department of Labor,Safe Harbor for State-Administered Retirement Savings Programs,Extended to Cities and Counties,8/30/2016,https://www.federalregister.gov/documents/2016/08/30/2016-20638/savings-arrangements-established-by-state-political-subdivisions-for-non-governmental-employees,,obama,,12/20/2016,https://www.federalregister.gov/documents/2016/12/20/2016-30069/savings-arrangements-established-by-qualified-state-political-subdivisions-for-non-governmental,,obama,,1/19/2017,https://www.congress.gov/115/plaws/publ24/PLAW-115publ24.pdf,Nullified,trump,,Nullification of a rule allowing city and county governments to establish retirement savings programs for private sector employees.,"The safe harbor regulations for state-administered retirement savings programs were finalized on August 30, 2017. The final regulation applied to state-sponsored retirement savings programs, and thus did not apply cities and counties. An amended rule finalized on December 20, 2016, extended safe harbor for cities and counties to establish retirement savings programs. On February 7, 2017, Rep. Francis Rooney (R-FL) introduced a joint resolution of disapproval to nullify the amended rule under the Congressional Review Act. The resolution passed the House on February 15, and passed the Senate on March 30. On April 13, 2017, the resolution was signed by President Trump and became law, nullifying the amended rule.",,,
141,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,"Education
Children, Youth, and Families",DoEd,Department of Education,,School Accountability Rule,5/31/2016,https://www.federalregister.gov/documents/2016/05/31/2016-12451/elementary-and-secondary-education-act-of-1965-as-amended-by-the-every-student-succeeds,,obama,,11/29/2016,https://www.federalregister.gov/documents/2016/11/29/2016-27985/elementary-and-secondary-education-act-of-1965-as-amended-by-the-every-student-succeeds,,obama,,1/30/2017,https://www.congress.gov/115/plaws/publ13/PLAW-115publ13.pdf,Nullified,trump,,Nullification of a rule enhancing public school accountability.,"On December 10, 2015, President Obama signed the Every Student Succeeds Act (ESSA), which requires each state education agency to have an accountability system that is based on multiple indicators, including an indicator of school quality or student success. The School Accountability Rule provided clarity to schools as they implemented the new accountability requirements. On February 1, 2017, Rep. Todd Rokita (R-IN) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 7, and passed the Senate on March 9. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
142,,,10/19/2017,In effect,,,,,Health,HHS,Department of Health and Human Services,,Shortening the Open Enrollment Period for 2018 for Obamacare Exchanges,2/17/2017,https://www.federalregister.gov/documents/2017/02/17/2017-03027/patient-protection-and-affordable-care-act-market-stabilization,,trump,progress,4/18/2017,https://www.federalregister.gov/documents/2017/04/18/2017-07712/patient-protection-and-affordable-care-act-market-stabilization,,trump,progress,6/19/2017,,,trump,progress,A rule shortening the open enrollment period for 2018 for Obamacare exchanges from 3 months to 1.5 months.,"The open enrollment period for Obamacare exchanges for 2018 was originally set at November 1, 2017 to January 31, 2018 (3 months). This rule shortened the open enrollment period from November 1, 2017 to December 15, 2017. Brookings Fellow Mathew Fiedler explained the potential impact of the new rule.",,,
143,,,5/1/2018,In effect,,,,,Telecom,FCC,Federal Communications Commission,,Signal Boosters Rule: Rescission,4/18/2018,https://www.federalregister.gov/documents/2018/04/18/2018-08030/improvement-of-wireless-coverage-through-the-use-of-signal-boosters,,trump,progress,4/18/2018,https://www.federalregister.gov/documents/2018/04/18/2018-08031/improvement-of-wireless-coverage-through-the-use-of-signal-boosters,,trump,progress,5/18/2018,,,trump,progress,A rule eliminating the personal use restriction on provider-specific consumer signal boosters.,"Consumer signal boosters are devices that extend and improve wireless service without special engineering or professional installation. Previously, signal boosters were restricted to ""personal use,"" meaning small businesses and other organizations were not allowed to take advantage of them. This rule eliminates the personal use restriction on provider-specific consumer signal boosters.",,,
144,,,6/1/2018,Rescinded,,CRA,Nullified by Congressional Review Act,,"Health
Children, Youth, and Families",HHS,Department of Health and Human Services,,State Funding for Abortion Providers,9/7/2016,https://www.federalregister.gov/documents/2016/09/07/2016-21359/compliance-with-title-x-requirements-by-project-recipients-in-selecting-subrecipients,,obama,,12/19/2016,https://www.federalregister.gov/documents/2016/12/19/2016-30276/compliance-with-title-x-requirements-by-project-recipients-in-selecting-subrecipients,,obama,,1/18/2017,https://www.congress.gov/115/plaws/publ23/PLAW-115publ23.pdf,Nullified,trump,,Nullification of a rule preventing states from blocking funding for family planning clinics that also provide abortions.,"Title X of the Public Health Services Act provides federal funding for family planning clinics to provide services for low-income patients. The act specifies that Title X funds may not be used for the performance of abortions, but places no restrictions on the ability of clinics that receive Title X funds to provide abortion counseling and referrals or to perform abortions using non-Title X funds. The Obama administration issued a rule that prevented states from blocking Title X funding for family planning clinics that provide abortions, notably Planned Parenthood. The rule was set to go into effect on January 18, 2017. On January 30, 2017, Rep. Diane Black (R-TN) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 16, 2017. On March 30, 2017, the vice president was called upon to break a 50-50 tie in the Senate, voting in favor of the resolution. On April 13, 2017, the resolution was signed by President Trump and became law, nullifying the rule. On June 1, 2018, the Department of Health and Human Services (HHS) proposed a rule that would prohibit any family planning clinic that provides abortions from receiving Title X funds.",,,
145,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,Environmental,DoI,Department of the Interior,,Stream Protection Rule,7/27/2015,https://www.federalregister.gov/documents/2015/07/27/2015-17308/stream-protection-rule,,obama,,12/20/2016,https://www.federalregister.gov/documents/2016/12/20/2016-29958/stream-protection-rule,,obama,,1/19/2017,https://www.congress.gov/115/plaws/publ5/PLAW-115publ5.pdf,Nullified,trump,,Nullification of a rule to minimize the adverse effects of coal mining on streams and other water sources.,"On July 16, 2015, the Department of the Interior (DoI) proposed the Stream Protection Rule, which required that land within 100 feet of a stream could not be disturbed by surface mining activities, including the dumping of mining waste. The regulatory impact analysis was published on November 16, 2016, and the final rule was published on December 20, 2016. The rule was set to go into effect on January 19, 2017, but on January 17, 2017, several coal-producing states filed suit in the D.C. District Court. On January 30, 2017, Rep. Bill Johnson (R-OH) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 1, and passed the Senate on February 2. On February 16, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
146,,,10/19/2017,Rescinded,,CRA,Nullified by Congressional Review Act,,Education,DoEd,Department of Education,,Teacher Preparation Issues,12/3/2014,https://www.federalregister.gov/documents/2014/12/03/2014-28218/teacher-preparation-issues,,obama,,11/17/2016,https://www.federalregister.gov/documents/2016/10/31/2016-24856/teacher-preparation-issues,,obama,,11/30/2016,https://www.congress.gov/115/plaws/publ14/PLAW-115publ14.pdf,Nullified,trump,,Nullification of a rule defining how institutions of higher education must assess teacher preparation programs.,"The Higher Education Act of 1965 requires states and institutions of higher education to report on various characteristics of their teacher preparation programs, including an assessment of program performance. This rule defined the indicators of quality that a state must use to assess the performance of its teacher preparation programs, and linked the assessments to eligibility for the federal TEACH grant program, which provides grants to eligible institutions to use for teacher preparation candidates who agree to serve as full-time teachers in high-need fields at low-income schools. The rule was finalized on October 31, 2016. On February 1, 2017, Rep. Brett Guthrie (R-KY) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 7, and passed the Senate on March 8. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.",,,
147,,,10/19/2017,Rescinded,,Other,Technical support documents rescinded by president,,Environmental,EOP,Executive Office of the President,,"Technical Support Documents on Implementing the ""Social Cost of Carbon"" for Regulatory Impact Analyses",,,,,,,,,,,,,,,,"Withdrawal of technical support documents on implementing the ""social cost of carbon"" for regulatory impact analyses.","The social cost of carbon is an estimate of the monetized damages caused by a one-ton increase in greenhouse gas emissions in a given year. On March 28, 2017, President Trump issued an executive order withdrawing several technical support documents related to implementing the social cost of carbon for regulatory impact analyses. The withdrawn documents were dated February 2010, May 2013, November 2013, July 2015, August 2016, and August 2016. The executive order states that, when monetizing the value of changes in greenhouse gas emissions resulting from regulations, agencies should instead follow earlier guidance from September 2003.",,,
148,,,5/11/2018,In effect,,,,,Health,VA,Department of Veterans Affairs,,Telehealth Rule,10/2/2017,https://www.federalregister.gov/documents/2017/10/02/2017-20951/authority-of-health-care-providers-to-practice-telehealth,,trump,progress,5/11/2018,https://www.federalregister.gov/documents/2018/05/11/2018-10114/authority-of-health-care-providers-to-practice-telehealth,,trump,progress,6/11/2018,,,trump,progress,A rule clarifying that VA health care providers may provide health care through the use of telehealth.,"Telehealth refers to the use of medical information that is exchanged from one site to another through telecommunication. This rule clarifies that the Department of Veterans Affairs health care providers may provide health care through the use of telehealth, notwithstanding state laws, rules, licensure, registration, or certification requirements to the contrary. This rule is considered an E.O. 13771 deregulatory action.",,,
149,,,1/8/2018,In effect,,,,,Telecom,FCC,Federal Communications Commission,,Television Joint Sales Agreement Attribution Rule: Repeal,,,,,,1/8/2018,https://www.federalregister.gov/documents/2018/01/08/2017-28329/2014-quadrennial-regulatory-review,,trump,progress,2/7/2018,,,trump,progress,Repeal of a rule involving television joint sales agreements and attribution under the FCC's ownership rules.,"A joint sales agreement (JSA) is an agreement that authorizes one TV station to sell some or all of the advertising time on another station. The most recent version of the rule stated that TV JSAs that involve the sale of more than 15 percent of a station's advertising time (the brokering station) by another in-market station (the brokered station) are ""attributable"" under the Federal Communication Commission (FCC) ownership rules. As a result, the brokering station was deemed to have an ""attributable interest"" in the brokered station, and thus the brokered station would count toward the brokering station's permissible ownership totals. The Television JSA Attribution Rule was finalized on May 20, 2014.
On November 16, 2017, the FCC voted to repeal the Television JSA Attribution Rule, and the final rule was published in the Federal register January 8, 2018.",,,
150,,,10/19/2017,Partially effective,,,,,Environmental,DoE,Department of Energy,,Test Procedures for Central Air Conditioners and Heat Pumps,8/24/2016,https://www.federalregister.gov/documents/2016/08/24/2016-18993/energy-conservation-program-test-procedures-for-central-air-conditioners-and-heat-pumps,,obama,progress,1/5/2017,https://www.federalregister.gov/documents/2017/01/05/2016-30004/energy-conservation-program-test-procedures-for-central-air-conditioners-and-heat-pumps,,obama,progress,7/13/2017,https://www.federalregister.gov/documents/2017/07/13/2017-14473/energy-conservation-program-test-procedures-for-central-air-conditioners-and-heat-pumps,Partially,trump,block,A rule amending the test procedure for central air conditioners and heat pumps.,"The Energy Policy and Conservation Act sets forth a variety of provisions designed to improve energy efficiency for a variety of consumer products, including central air conditioners and heat pumps. Manufacturers of air conditioners must certify to the Department of Energy (DoE) that their products comply with applicable energy conservation standards.
On January 2017, the DoE finalized a rule that amended its test procedure for central air conditioners and heat pumps. On March 3, 2017, air conditioner manufacturer Johnson Controls filed a petition for review of two elements of the rule, claiming that the proposed test procedures would produce inaccurate results of the true energy consumption characteristics for two of its models. On May 17, 2017, Johnson Controls filed a petition for a waiver from the applicable test procedure for its two models, which the DoE granted on June 2, 2017. On May 31, 2017, Johnson Controls requested that the DoE grant it an administrative stay pending judicial review by the Seventh U.S. Circuit Court of Appeals. On July 3, 2017, the court granted the request for an administrative stay, and the DoE postponed the effectiveness of certain provisions of the rule. On September 20, 2017, the DoE granted Johnson Controls' application for an interim waiver from testing for its two models.",,,
151,"335,336",1,6/25/2021,Rescinded,,,,"Rulemaking - Overturning Trump
Legislation",Labor,DoL,Department of Labor,Tip Credit Rule,Tip Credit Rule,12/5/2017,https://www.federalregister.gov/documents/2017/12/05/2017-25802/tip-regulations-under-the-fair-labor-standards-act-flsa,,trump,progress,3/23/2018,https://www.congress.gov/115/bills/hr1625/BILLS-115hr1625enr.pdf,Nullified,trump,block,,,,,,Partial rescission of a rule restricting the pool of employees eligible for tip sharing.,"Under the Fair Labor Standards Act, an employer can satisfy its obligation to pay tipped employees the federal minimum wage by paying a lower direct cash wage and counting a limited amount of the tips received by its employees as a partial credit (known as a ""tip credit""). A 1974 statute stipulates that employers can only take a tip credit if its tipped employees retained all tips. However, the statute does not preclude an employer that takes a tip credit from implementing a tip pool, but requires that only employees who ""customarily and regularly receive tips'' can participate in the pool. In addition, employers that do not take a tip credit are not permitted to institute mandatory ""nontraditional"" pools, where tips are shared between tipped employees and typically untipped employees.","While the proposed rule ostensibly was meant to close the pay disparity between tipped servers and hourly back-of-the-house employees, critics claimed that the proposed rule would allow employers to control all tips and distribute them to anyone, including salaried workers or the owners themselves.",,"The Consolidated Appropriations Act of 2018 nullified this proposed rule."
152,,,6/11/2020,In effect,Y,,,,"Education
Children, Youth, and Families",DoEd,Department of Education,,Title IX sexual assault regulations,11/29/2018,https://www.federalregister.gov/documents/2018/11/29/2018-25314/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal,,trump,progress,5/19/2020,https://www.federalregister.gov/documents/2020/05/19/2020-10512/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal,,trump,progress,8/14/2020,https://www.federalregister.gov/documents/2020/05/19/2020-10512/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal,,trump,progress,A rule establishing sexual assault rules at schools that receive federal funding.,"Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program receiving federal funding including institutions of higher education, elementary, and secondary schools. Upon rescinding two Obama-era Title IX guidelines on September 22, 2017, Education Secretary Betsy Devos promised she would introduce new Title IX regulations. On January 25, 2018, three victims' and women's rights groups filed suit against the the Department of Education (DoEd) for withdrawing the Obama-era guidance. Subsequently, on November 16, 2018, DoEd promulgated Title IX regulations, which were published in the Federal Register for notice and comment on November 29, 2018.
Citing Supreme Court precedent, the new regulations narrow the definition of sexual harassment as ""unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity."" Obama-era guidelines defined it as ""unwelcome conduct of sexual nature."" The new regulations also narrow the circumstances under which schools are obligated to respond to an incident to when the school has ""actual knowledge"" of sexual harassment. The ""actual knowledge"" clause requires the accuser to officially report to an individual who has authority to institute corrective measures. The incident must also have taken place within the school's 'own programs or activities.'
The new regulations would hold schools responsible under Title IX only when their response to sexual harassment complaints is ""clearly unreasonable in light of known circumstances."" The new regulations also lay out certain due process protections, basing ivestigations on a presumption of innocence for the accused; schools are additionally allowed to choose the evidentiary standard between a ""preponderance of evidence"" or ""clear and convincing evidence"" in holding accused students responsible. Institutions of higher education will be expected to conduct live hearings, and cross-examination would be allowed by advisers and attorneys. 'Rape shield protections' would be extended to victims, preventing the examiners from inquiring about the victims' sexual history. Final determinations would have to be made by third-party individuals not conducting the investigation.
The final rule, issued May 19, 2020, narrowed the scope of complaints colleges are required to investigate. The Department of Education also issued a summaryof the rule's final provisions. The ACLU filed a lawsuit challenging the new Title IX provisions. ACLU states that ""the rule subjects reports of sexual harassment to a different and more skeptical review than reports of harassment based on race, national origin, or disability — creating a second-class standard for reports of sexual harassment and assault.""",,,
153,"363,364",1,11/18/2021,In effect,Y,Guidance,"Guidances issued by Obama's secretary of education May 13, 2016",Guidance,"Education
Children, Youth, and Families",DoEd,Department of Education,,Title IX Guidances on transgender student rights,,,,,,,,,,,,,,,,Obama-era implementation of guidances concerning transgender student rights.,"On December 15, 2014, Emily Prince, a regulatory lawyer and transgender activist, wrote a letter to the Department of Education (DoEd) regarding the treatment of transgender students under Title IX as it relates to bathroom usage. Title IX prohibits recipients of federal funds from discriminating on the basis of sex. On February 22, 2017, DoEd, now under the Trump administration, issued new guidance withdrawing the statements of policy and guidance from the letter to Ms. Prince and the January 2015 letter.","On January 7, 2015, DoEd publicly replied to Ms. Prince, stating that the department interpreted Title IX as also prohibiting discrimination on the basis of gender identity, and that transgender students should be treated consistent with their gender identity for purposes of restroom access. On May 13, 2016, DoEd published a “Dear Colleague” letter issuing guidance summarizing schools’ Title IX obligations regarding transgender students. Taken together, the letter to Ms. Prince and the May 2016 Dear Colleague letter prohibit discrimination against transgender students under Title IX. The Dear Colleague letter stated that “a school must not treat a transgender student differently from the way it treats other students of the same gender identity.”","On May 25, 2016, 13 states filed a complaint against the Obama-era guidance. On August 21, 2016, a district court in Texas issued a preliminary injunction, barring the DoEd from enforcing the guidance nationwide.",
154,,,2/7/2019,Delayed,,,,,Transportation,DoT,Department of Transportation,,Train Safety Program,9/7/2012,https://www.federalregister.gov/documents/2012/09/07/2012-20999/system-safety-program,,obama,progress,8/12/2016,https://www.federalregister.gov/documents/2016/08/12/2016-18301/system-safety-program,,obama,progress,12/4/2018,https://www.federalregister.gov/documents/2017/11/30/2017-25821/system-safety-program,Delayed,trump,block,A rule requiring railroad companies to develop and implement a system-wide program to improve the safety of their operations.,"The train safety program mandates that commuter and intercity passenger railroads develop and implement a system safety program to improve the safety of their operations, and outlines various elements that a railroad's plan is required to contain. The rule was finalized on August 12, 2016, and set to go into effect on October 11, 2016. On February 13, 2017, the Department of Transportation (DoT) issued a stay of certain requirements of the train safety program, delaying their effective date to March 21, 2017. The rule was delayed again on March 21, again on May 22, again on June 7, again on November 30, and again on December 7, delaying the effective date to September 4, 2019.",,,
155,,,3/19/2018,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,,Universal Waste Rule: Aerosol Cans,3/16/2018,https://www.federalregister.gov/documents/2018/03/16/2018-05282/increasing-recycling-adding-aerosol-cans-to-the-universal-waste-regulations,,trump,progress,,,,,,,,,,,A rule adding hazardous waste aerosol cans to the universal waste program.,"The Universal Waste Rule of 1995 established a streamlined hazardous waste management system for widely generated hazardous wastes, including hazardous waste batteries, certain hazardous waste pesticides, mercury-containing equipment, and hazardous waste lamps. This proposed rule would add hazardous waste aerosol cans to the list of hazardous wastes regulated under the Universal Waste Rule. Under current rules, generators of most hazardous waste aerosol cans are subject to stricter regulatory requirements under the Resource Conservation and Recovery Act.",,,
156,,,8/10/2018,In rulemaking,,,,,Agriculture,USDA,U.S. Department of Agriculture,,Uninspected Inedible Meat Products,7/31/2018,https://www.federalregister.gov/documents/2018/07/31/2018-16339/preparation-of-uninspected-products-outside-of-the-hours-of-inspectional-supervision,,trump,progress,,,,,,,,,,,A rule eliminating prescriptive requirements governing the manufacture of uninspected meat products.,"The manufacture of pet food and other uninspected, inedible products at official meat and poultry establishments are subject to the Food Safety and Inspection Service (FSIS) regulations under 9 CFR 318.12 and 381.152. These regulations set forth prescriptive requirements intending to prevent the creation of insanitary conditions, the commingling of inedible and edible meat and poultry products, and the movement of inedible meat and poultry products into commerce as human food. They also require that pet food and other inedible products be manufactured in official establishments only when a FSIS inspector is on premises. On July 31, 2018, The Food Safety and Inspection Service (FSIS) proposed to eliminate the prescriptive requirements and to allow official establishments to manufacture such products outside the hours of inspection. This proposed rule, if finalized as proposed, is expected to be a deregulatory action under E.O. 13771. Members of the public will be able to submit comments on the proposed regulations until August 30.",,,
157,,,2/12/2019,In effect,,,,,Other,VA,Department of Veterans Affairs,,VA Claims and Appeals Modernization,8/10/2018,https://www.federalregister.gov/documents/2018/08/10/2018-15754/va-claims-and-appeals-modernization,,trump,progress,1/18/2019,https://www.federalregister.gov/documents/2019/01/18/2018-28350/va-claims-and-appeals-modernization,,trump,progress,2/19/2019,https://www.federalregister.gov/documents/2019/02/07/2019-01432/va-claims-and-appeals-modernization,,trump,progress,A rule to modernize and streamline the process of the Board of Veterans' Appeals,"In response to the Veteran Appeals Improvement and Modernization Act of 2017, the Department of Veteran Affairs (VA) proposed to amend its claims adjudication, appeals, and Rules of Practice of the Board of Veterans' Appeals regulations. It proposes a differentiated lane framework for appeals for claimants who seek the review of a VA denial (or partial denial) of a claim. It intends to reduce uncertainty and unnecessary regulations, and streamline and modernize the process. Additionally, VA also proposes to revise its regulations with respect to accreditation of attorneys, agents and Veterans Service Organization (VSO) representatives; the standards of conduct for persons practicing before VA; and the rules governing fees for representation. This rule was proposed August 10, 2018. The rule was finalized on January 18, 2019, and the VA announced that the effective date of this new system is February 19, 2019. It is an E.O. 13771 deregulatory action.",,,
158,159,1,5/6/2019,In effect,,,,,Environmental,DoI,Department of the Interior,Well Control Rule,Well Control Rule,4/17/2015,https://www.federalregister.gov/documents/2015/04/17/2015-08587/oil-and-gas-and-sulphur-operations-in-the-outer-continental-shelf-blowout-preventer-systems-and-well,,obama,progress,4/29/2016,https://www.federalregister.gov/documents/2016/04/29/2016-08921/oil-and-gas-and-sulfur-operations-in-the-outer-continental-shelf-blowout-preventer-systems-and-well,,obama,progress,4/29/2016,https://www.federalregister.gov/documents/2016/04/29/2016-08921/oil-and-gas-and-sulfur-operations-in-the-outer-continental-shelf-blowout-preventer-systems-and-well,Partially,trump,block,A rule setting standards for well control and blowout prevention for oil drilling.,"On April 29, 2016, the Bureau of Safety and Environmental Enforcement (BSEE) finalized the Blowout Preventer Systems and Well Control Rule (Well Control Rule), in part as a response to the Deepwater Horizon oil spill of 2010. The Well Control Rule set standards for blowout preventers (BOP) and well-control activities associated with the Outer Continental Shelf (OCS), ensuring their adequate construction, use, and maintenance. The rule implemented a combination of requirements and performance standards to be phased in over time, from July 2016 to April 2023. On May 2, 2019, BSEE finalized a rule revising parts of these requirements and standards (below).",,,
159,158,2,5/6/2019,In rulemaking,,,,,Environmental,DoI,Department of the Interior,Well Control Rule,Well Control Rule: Revisions,5/11/2018,https://www.federalregister.gov/documents/2018/05/11/2018-09305/oil-and-gas-and-sulfur-operations-in-the-outer-continental-shelf-blowout-preventer-systems-and-well,,trump,progress,5/2/2019,https://www.bsee.gov/sites/bsee.gov/files/aa39-final-rule.pdf,,trump,progress,,,,,,A rule revising standards for well control and blowout prevention for oil drilling.,"On May 11, 2018, the Bureau of Safety and Environmental Enforcement (BSEE) published proposed revisions to the Well Control Rule, modifying offshore oil and gas drilling, completions, workovers, and decommissioning activities. The comment period, originally 60 days long, was extended to 87 days, and the final rule was promulgated on May 2, 2019. This final rule seeks to remove ""unnecessary burdens on stakeholders, while still maintaining safety and environmental protection."" It leaves 274 of 342 provisions from the Well Control Rule unchanged, revises 68 provisions and adds 33 new provisions. A summary of the revisions can be found here. According to officials, ""the safety standards imposed by that rule (Well Control Rule) will be maintained but drillers will have more flexibility in meeting them."" This rule is expected to generate savings of around $1.5 billion in nominal dollars over 10 years. The comment period for this rule will be open for 60 days upon publication in the federal register.",,,
160,,,5/9/2018,In effect,,,,,Telecom,FCC,Federal Communications Commission,,Wireline Infrastructure Rule,5/16/2017,https://www.federalregister.gov/documents/2017/05/16/2017-09689/accelerating-wireline-broadband-deployment-by-removing-barriers-to-infrastructure-investment,,trump,progress,12/28/2017,https://www.federalregister.gov/documents/2017/12/28/2017-27198/accelerating-wireline-broadband-deployment-by-removing-barriers-to-infrastructure-investment,,trump,progress,1/29/2018,,,trump,progress,A rule removing regulatory barriers to the deployment of high-speed broadband networks.,"The Wireline Infrastructure Rule seeks to remove regulatory barriers to the deployment of next-generation broadband networks. Specifically, the rule reforms pole attachment rules by making it easier for telecom companies to access poles; changes the process for retiring copper facilities to better enable carriers to transition to modern networks; streamlines the regulatory process by which carriers must obtain authorization to discontinue legacy services; prohibits the enforcement of state and local laws that inhibit broadband deployment; and changes the FCC's legal interpretations to clarify when carriers must ask for permission to alter or discontinue a service.",,,
161,,,9/1/2018,In rulemaking,,,,,Environmental,ORDA,Office of Restoration and Damage,,Natural Resource Damages for Hazardous Substances,8/27/2018,https://www.federalregister.gov/documents/2018/08/27/2018-18498/natural-resource-damages-for-hazardous-substances,,trump,progress,,,,,,,,,,,Revisions to regulations conducting natural resource damage assessments and restoration for hazardous substances.,"The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authorizes the Federal government, States and federally recognized Indian tribes to act as ""trustees"" for injury to natural resources injured or destroyed by hazardous substance releases. The Department of Interior (DOI) develops regulations for conducting natural resource damage assessments and restoration (NRDAR) for hazardous substance releases, which are used by the ""trustees"" to evaluate the action for natural resource damages. The NRDAR regulations were last revised in 2008 and include two types of regulations: Type A Rule regulating standard procedures for simplified assessments and Type B Rule regulating site-specific procedures for detailed assessments in individual cases. On August 27, 2018, the Office of Restoration and Damage Assessment (ORDA) published an advance notice of proposed rulemaking requesting comments for revisions to these NRDAR regulations over a 60 day period through October 26, 2018.",,,
162,163,1,7/30/2020,In effect,,,,,"Financial
Children, Youth, and Families",OCC,Office of the Comptroller of the Currency,Community Reinvestment Act Reform,Community Reinvestment Act Reform,8/28/2018,https://www.occ.gov/news-issuances/news-releases/2018/nr-occ-2018-87a.pdf,,trump,progress,6/5/2020,https://www.federalregister.gov/documents/2020/06/05/2020-11220/community-reinvestment-act-regulations,,trump,progress,10/1/2020,https://www.federalregister.gov/documents/2020/06/05/2020-11220/community-reinvestment-act-regulations,,trump,progress,A rule updating lending rules to low and moderate income communities.,"The Community Reinvestment Act (CRA) of 1977 was intended to address redlining and to encourage banks to meet the credit needs of the communities in which they operate. CRA requires that a Federal financial supervisory agency--the Federal Reserve (Fed), the Federal Deposit Insurance Corporation (FDIC), or the Office of the Comptroller of the Currency (OCC)-- periodically evaluate each bank's records in helping meet these credit needs. The performance evaluation is considered when a bank applies for new branches, mergers, or acquisitions.
The CRA has not been changed significantly since 1990, leading many to say that the rules have become outdated, especially with the rise of online banking. On August 28, 2018, the OCC published an advance notice of proposed rulemaking without the involvement of the Fed and FDIC. The OCC sought public input on how to revise CRA regulations to encourage more local and nationwide community and economic development.
On June 5, 2020, OCC adopted a final rule to update the CRA. Notably, OCC also issued these final changes without the support of the FDIC or the Fed. The final rule makes changes in four areas of the CRA framework. Specifically, the final rule: (1) Clarifies and expands the bank lending, investment, and services (collectively, qualifying activities or CRA activities) that qualify for positive CRA consideration; (2) updates how banks delineate the assessment areas in which they are evaluated; (3) provides additional methods for evaluating CRA performance in a consistent and objective manner; and (4) requires reporting that is timely and transparent.",,,
163,162,2,2/21/2020,In rulemaking,,,,,"Financial
Children, Youth, and Families",OCC,Office of the Comptroller of the Currency,Community Reinvestment Act Reform,Investment in Athletic Stadiums,1/9/2020,https://www.federalregister.gov/documents/2020/01/09/2019-27940/community-reinvestment-act-regulations,,trump,progress,,,,,,,,,,,A rule defining approved methods for banks under the CRA.,"FDIC and OCC proposed to amend Community Reinvestment Act regulations, which require banks to invest in poor neighborhoods. The proposed rule, promulgated on January 9, 2020 lists hypothetical ways banks could seek to meet their obligations, notably including: Financing improvements to athletic stadiums located in Opportunity Zones. Comments for this rule can be submitted through March 9, 2020.",,,
164,,,4/9/2018,In effect,,,,,Other,DoD,Department of Defense,,Repeal of Independent R&D Technical Interchange,6/20/2017,https://www.federalregister.gov/documents/2017/06/20/2017-12731/defense-federal-acquisition-regulation-supplement-dfars-subgroup-to-the-dod-regulatory-reform-task,,trump,progress,8/24/2018,https://www.federalregister.gov/documents/2018/08/24/2018-18239/defense-federal-acquisition-regulation-supplement-repeal-of-independent-research-and-development,,trump,progress,8/24/2018,https://www.federalregister.gov/documents/2018/08/24/2018-18239/defense-federal-acquisition-regulation-supplement-repeal-of-independent-research-and-development,,trump,progress,A rule eliminating the requirement that major contractors have technical interchange with the government prior to generating independent R&D costs.,"The Defense Federal Acquisition Regulation Supplement to the Federal Acquisition Regulation (FAR) contains DoD-specific policies and procedures for the procurement process for goods and services. On August 24, 2018, the DoD issued a final rule removing the text at DFARS 231.205-18(c)(iii)(C)(4). Those rules required major contractors to have a technical interchange with the government prior to generating independent research and development costs, in order for those costs to be determined allowable. This rule is considered an E.O. 13771 deregulatory action.",,,
165,,,10/9/2018,In rulemaking,,,,,Health,FDA,Food and Drug Administration,,Marketing Irradiated OTC Drugs: Requirement Repeal,9/9/2018,https://www.federalregister.gov/documents/2018/09/12/2018-19845/repeal-of-regulation-requiring-an-approved-new-drug-application-for-drugs-sterilized-by-irradiation,,trump,progress,,,,,,,,,,,Repealing the requirement for irradiated drugs to obtain an FDA-approved NDA or ANDA for marketing.,"Drug sponsors must apply to the Food and Drug Administration (FDA) to market new drugs that are sterilized by irradiation. These drugs are marketed as New Drug Applications(NDAs) or Abbreviated New Drug Applications (ANDAs). On September 9, 2018, the FDA proposed to repeal this rule, which would mean that certain over-the-counter (OTC) drugs could be legally marketed without an NDA or ANDA, even if they are sterilized by irradiation. The repeal would apply to OTCs that are generally recognized as safe and effective, that are not misbranded, and that comply with other regulatory requirements. FDA justifies this repeal by stating that the irradiation rule is out-of-date and unnecessary, and that the technology for controlled nuclear radiation for sterilizing drugs is now well understood. This action is part of FDA's implementation of E.O.s 13771 and 13777.",,,
166,,,10/10/2018,In effect,,,,,Other,DoI,Department of the Interior,,Transporting Bows and Crossbows Across National Park System Units,3/2/2018,https://www.federalregister.gov/documents/2018/03/02/2018-04247/transporting-bows-and-crossbows-across-national-park-system-units,,trump,progress,9/18/2018,https://www.federalregister.gov/documents/2018/09/18/2018-20093/transporting-bows-and-crossbows-across-national-park-system-units,,trump,progress,10/18/2018,https://www.federalregister.gov/documents/2018/09/18/2018-20093/transporting-bows-and-crossbows-across-national-park-system-units,,trump,progress,A rule allowing individuals traversing National Park Service areas on foot or on horseback to carry or possess unloaded bows and crossbows without a permit.,"Prior to this rule, individuals traversing National Park Service (NPS) areas were allowed to possess bows and crossbows that were ""not ready for immediate use"" without a permit only if they were using a mechanical mode of transport. Some roads maintained by NPS bisect private property, and are sometimes untraversable with mechanical vehicles. These lands were thus inaccessible for hunters and sportsmen transporting bows and crossbows via mechanical vehicles. On March 2, 2018, NPS proposed a rule that would change this: it would allow individuals traveling on foot and horseback to carry unloaded bows and crossbows without a permit. The rule was finalized and published in the Federal Register on September 18, 2018, and will go into effect on October 18, 2018. This rule is considered an E.O. 13771 deregulatory action.",,,
167,,,11/15/2018,In rulemaking,,,,,"Labor
Children, Youth, and Families",DoL,Department of Labor,,Letting Youth Work with Patient Lifts,9/27/2018,https://www.federalregister.gov/documents/2018/09/27/2018-20996/expanding-employment-training-and-apprenticeship-opportunities-for-16--and-17-year-olds-in-health,,trump,progress,,,,,,,,,,,A rule enabling 16 and 17 year olds to work in occupations that use patient lifts.,"The youth provisions of the Fair Labor Standards Act ensure that when youth work, the work is safe and does not jeopardize their health, well-being, or education. To achieve this goal, 16 and 17 year-olds generally cannot work in nonagricultural occupations governed by any of the Department of Labor's (DoL) Hazardous Occupation Orders (HO). HO7 prohibits youth from working in occupations that involve the operation of ""power-driven hoisting apparatuses,"" including a power-driven patient lift--a device that assists patients receiving health care to be transferred between resting places. The DoL claims that patient lifts differ substantially from other equipment that HO7 governs (e.g. forklifts, cranes), and that patient lifts are actually safer than lifting patients manually. In response to bipartisan requests from Congress, the DoL proposed on September 27, 2018 to remove the operation of power-driven patient lifts from the list of activities that HO7 prohibits. The rule is expected to be an E.O. 13771 deregulatory action. On November 15, the DoL extended the comment period for this rule to December 11, 2018.",,,
168,,,10/11/2018,In effect,,,,,Transportation,DoT,Department of Transportation,,Military Licensing and State Commercial Driver's License Reciprocity,6/12/2017,https://www.federalregister.gov/documents/2017/06/12/2017-12079/military-licensing-and-state-commercial-drivers-license-reciprocity,,trump,progress,9/28/2018,https://www.federalregister.gov/documents/2018/09/28/2018-21289/military-licensing-and-state-commercial-drivers-license-reciprocity,,trump,progress,11/27/2018,https://www.federalregister.gov/documents/2018/09/28/2018-21289/military-licensing-and-state-commercial-drivers-license-reciprocity,,trump,progress,A rule waiving the knowledge test requirement for certain military personnel applying for commercial driver's licenses.,"Those applying for a Commercial Driver's License are required to pass a general knowledge test, and then a general skills test. On June 12, 2017, the Federal Motor Carrier Safety Administration (FMCSA) proposed a rule that would allow (but not require) State Driver Licensing Agencies (SDLA) to waive requirements for the knowledge test for certain individuals serving in the military. Those who were regularly employed within the last year in a military position that required the operation of a commercial motor vehicle would qualify. The rule was finalized September 28, 2018, and will be effective November 27. The final version of the rule includes options for SDLAs to extend test waivers for passenger carrier, tank vehicle, and hazardous material endorsements with proof of experience. The rule is an E.O. 13771 deregulatory action.",,,
169,,,10/15/2018,In rulemaking,,,,,"Agriculture
Children, Youth, and Families",USDA,U.S. Department of Agriculture,,For-Profit Eligibility in the Child and Adult Care Food Program,10/4/2018,https://www.federalregister.gov/documents/2018/10/04/2018-21445/increasing-flexibility-for-verification-of-for-profit-center-eligibility-in-the-child-and-adult-care,,trump,progress,,,,,,,,,,,A rule reducing the reporting frequency for for-profit centers in the Child and Adult Care Food Program that consistently serve a high percentage of low-income individuals.,"The Child and Adult Care Food Program (CACFP) provides a monthly financial subsidy to child and adult care institutions and group daycare homes for nutritious meals and snacks to infants, children, and adults. This program is maintained by the US Department of Agriculture (USDA). To be eligible for reimbursement of the meals and snacks served in CACFP, for-profit centers must document that least 25 percent of children or adult participants in their care were from low-income households on a monthly basis. On October 4, 2018, the Food and Nutrition Service proposed a rule to simplify the reporting process for centers and sponsoring organizations that demonstrate that at least 50% of their participants are from low-income households. Those centers would only have to submit this report annually. The rule is expected to be an E.O. 13771 deregulatory action.",,,
170,,,5/3/2019,In effect,Y,Guidance,"New guidance from the CMS Administrator, Secretary of HHS, and Assistant Secretary for Tax Policy of the Treasury.",,"Health
Children, Youth, and Families","HHS, Treasury","Department of Health and Human Services, Department of the Treasury",,"State ""Empowerment Waivers"" for the Affordable Care Act",,,,,,,,,,,,,,,,Guidance giving states more flexibility to change how ACA subsidies are distributed and the types of plans that are sold.,"""Section 1332 waivers"" allow states to modify how they implement key elements of the Affordable Care Act (ACA), as long as the state's alternative plan provided coverage that was at least as comprehensive and affordable, covered at least as many people, and did not increase the federal deficit. On October 24, the Department of Health and Human Services and the Treasury (""the Departments"") issued guidance that modifies the criteria the agencies use to evaluate section 1332 waivers, most importantly by reinterpreting these statutory ""guardrails.""
Under the new guidance, the Departments indicate that they will evaluate compliance with the comprehensiveness and affordability guardrails based on what types of plans consumers have access to under the waiver, whereas the Obama Administration interpreted these requirements as applying to the coverage consumers actually obtained under the waiver. The Departments also say that waivers will meet these two guardrails as long as the number of people for whom coverage becomes more affordable or comprehensive exceeds the number for whom coverage becomes less affordable or comprehensive, whereas the Obama Administration required that waivers not adversely affect certain specified groups, including low-income people and people with greater health care needs.
The new guidance also broadens the definition of insurance coverage used in evaluating the coverage guardrail to encompass short-term health plans (see Reg Tracker entry ""Definition of Short-Term Limited-Duration Insurance"") and association health plans, which are not subject to the same requirements as ACA-compliant individual market plans. Short-term health plans may refuse to cover people with pre-existing conditions and charge them higher premiums and are not required to cover the ACA's list of ""essential"" benefits, ranging from hospital care and prescription drugs to mental health and substance abuse services, nor cap enrollee's annual out-of-pocket costs.
The ultimate consequences of the new guidance will depend on the proposals states submit. However, the new guidance will permit approval of waivers that could not have been approved under prior guidance. This likely includes waivers that would shift subsidies to higher-income enrollees and away from lower-income enrollees, as well as waivers that would increase costs for sicker people while reduce them for a larger number of healthier people. This also includes waivers that would redirect subsidy dollars to short-term health plans. Expanding subsidies in this way would benefit people in short-term plans, but would generally reduce subsidies and increase premiums for the sicker population that purchase coverage in the ACA-compliant market. There is concern that some such waivers could threaten the continued existence of the ACA-compliant market.
On May 3, 2019, the Departments issued a request for information to solicit public comment on ideas for waiver concepts that states could consider in developing their own 1332 waiver plans. Comments will be received through July 2, 2019.",,,
171,,,10/31/2018,In rulemaking,,,,,Transportation,"FAA, DoT",Department of Transportation,,Experimental Light Sport Aircraft for Flight Training,10/24/2018,https://www.federalregister.gov/documents/2018/10/24/2018-23270/removal-of-the-date-restriction-for-flight-training-in-experimental-light-sport-aircraft,,trump,progress,,,,,,,,,,,A rule allowing Experimental Light Sport Aircraft for flight training for compensation or hire.,"An Experimental Light Sport Aircraft (ELSA) is a simple, small, lightweight, and low-performance aircraft that is assembled by a kit. Starting January 31, 2010, ELSAs could not be used for flight training leading to employment. On October 24, 2018, the Federal Aviation Administration (FAA) published a notice of proposed rulemaking in the Federal Register that would permit the use of ELSAs for training. The comment period closes November 23.",,,
172,,,10/31/2018,In rulemaking,,,,,Financial,SBA,Small Business Administration,,Small Business HUBZone Program,10/31/2018,https://www.federalregister.gov/documents/2018/10/31/2018-23285/small-business-hubzone-program-government-contracting-programs,,trump,progress,12/26/2019,https://www.federalregister.gov/documents/2019/11/26/2019-24915/small-business-hubzone-program-and-government-contracting-programs,,trump,progress,12/26/2019,https://www.federalregister.gov/documents/2019/11/26/2019-24915/small-business-hubzone-program-and-government-contracting-programs,,trump,progress,A rule reducing burdens imposed on small businesses in Historically Underutilized Business Zones.,"Historically Underutilized Business Zones (HUBZones) are economically distressed communities where the government seeks to encourage business and promote growth. HUBZone small businesses are those that have a principal place of business located in a HUBZone and 35 percent of their employees residing in one or more HUBZones. The HUBZone program, which was established in 1997, provides contracting assistance to small businesses located in HUBZones.
On October 31, 2018, US Small Business Administration (SBA) proposed amendments to HUBZone program regulations to reduce regulatory burdens for HUBZone small businesses. The proposal allows employees to be treated as HUBZone residents even if they move to non-HUBZone areas after the certification of the firm. The proposal also eliminates the burden for a HUBZone business to continually demonstrate that they meet all eligibility requirements at the time of each offer and award for any HUBZone contract opportunity. Additionally, the rule implements statutory provisions and eliminates ambiguities in the regulations. These amendments are intended to make the program requirements easier to understand and to make it a more attractive avenue for procuring agencies.
This rule was finalized on December 26, 2019, effective immediately. It is an E.O. 13771 deregulatory action, with expected annualized savings of $231,502.",,,
173,,,8/14/2019,In rulemaking,,,,,Labor,DoL,Department of Labor,,"""Employer"" definition for retirement multiple employer plans",10/23/2018,https://www.federalregister.gov/documents/2018/10/23/2018-23065/definition-of-employer-under-section-35-of-erisa-association-retirement-plans-and-other,,trump,progress,7/31/2019,https://www.federalregister.gov/documents/2019/07/31/2019-16074/definition-of-employer-under-section-35-of-erisa-association-retirement-plans-and-other,,trump,progress,9/30/2019,https://www.federalregister.gov/documents/2019/07/31/2019-16074/definition-of-employer-under-section-35-of-erisa-association-retirement-plans-and-other,,trump,progress,A rule loosening the requirements for multiple employers to share a retirement plan.,"A multiple employer plan (MEP) is a single defined contribution retirement plan that can be shared by a group of employers. Currently, only 'closed MEPs' are allowed, such that participating employers need to share common organizational relationships. On October 23, 2018, the Department of Labor (DoL) proposed a rule to loosen these requirements under the Employer Retirement Income Security Act (ERISA), such that employers in the same trade or line of business can join an MEP. This rule remained in comment period until December 24, 2018, and isan E.O. 13771 deregulatory action.
This rule is intended to broaden retirement plan coverage, especially among small employers, and is line with president Trump's executive order published on August 31, 2018, directing agencies to strengthen retirement security. While this rule loosens the definition of MEPs, some believe that this proposal falls short by failing to create ""open MEPs"", which allows multiple employers to join plains without sharing any nexus. This rule was finalized on July 31, 2019, and goes into effect on September 30, 2019.",,,
174,327,,3/10/2020,In effect,,,,,Labor,NLRB,National Labor Relations Board,,Joint Employer Status: National Labor Relations Act,9/14/2018,https://www.federalregister.gov/documents/2018/09/14/2018-19930/the-standard-for-determining-joint-employer-status,,trump,progress,2/26/2020,https://www.federalregister.gov/documents/2020/02/26/2020-03373/joint-employer-status-under-the-national-labor-relations-act,,trump,progress,2/26/2020,https://www.federalregister.gov/documents/2020/02/26/2020-03373/joint-employer-status-under-the-national-labor-relations-act,,trump,progress,A rule defining joint employer standards under the National Labor Relations Act.,"Joint-employer standards determine whether two employers are joint employers of a group of employees under the National Labor Relations Act (NLRA). This influences the responsibility and liability that these joint-employers hold towards the employees under labor practices and worker protection laws. Examples of cases where these standards hold relevance are staffing agencies and subcontractors that contract workers to other firms and franchisor-franchisee relationships. These standards have significant consequences for businesses, unions and employees.
The National Labor Relations Board (NLRB) has determined the standards applicable for a joint-employer status through various decisions passed over time. Due to decisions taken in 1984, the joint-employer status definition was narrowed, such that indirect control was typically insufficient to determine that one company was the joint employer of another business' workers. This definition was overturned with NLRB's Browning-Ferris Industries (BFI) decision in August 2015, which expanded the joint-employer status to also include those employers that exercised indirect control over an employee's terms of employment to be considered as 'joint-employers'. The BFI decision was then overruled by NLRB's Hy-Brand decision in December 2017, which returned to the pre-BFI narrow joint-employer standards. This Hy-Brand decision was then vacated in February 2018, reinstating the BFI standard.
On September 14, 2018, NLRB promulgated a notice of proposed rulemaking establishing the joint-employer standards. This rule narrows the standards, returning them back to pre-BFI standards. Under this proposal, an employer must ""possess and actually exercise direct and immediate control over the terms and conditions of employment"" to be considered a 'joint-employer'. This will make it easier for companies to evade the joint-employer status. On February 26, 2020, NLRB finalized this rule with minor changes and clarifications. The rule goes into effect on April 27, 2020.",,,
175,,,2/28/2019,In rulemaking,,,,,Health,FDA,Food and Drug Administration,,Informed Consent Waivers for Minimal Risk Studies,11/15/2018,https://www.federalregister.gov/documents/2018/11/15/2018-24822/institutional-review-board-waiver-or-alteration-of-informed-consent-for-minimal-risk-clinical,,trump,progress,,,,,,,,,,,A rule allowing minimal risk clinical investigations to bypass or alter certain informed consent requirements.,"Initially, clinical trials could only be exempt from obtaining informed consent of its participants in life-threatening situations, or if it met the requirements for emergency research. All other clinical trials had to obtain informed consent from its subjects before participation. However, on December 2016 under Section 3024 of the 21st Century Cures Act, Congress expanded the exemption of obtaining informed consent for trials that 1) pose minimal risk to participants, and 2) include appropriate safeguards protecting the subjects. On July 25, 2017, the Food and Drug Administration (FDA) issued guidance detailing the circumstances in which it could waive or alter informed consent requirements for minimal risk studies. On November 15, 2018, FDA proposed a rule that would implement the statutory changes made in the Cures Act, and outlined more detailed standards for the informed consent waiver. The rule, if finalized, is expected to be an E.O. 13771 deregulatory action. On December 20, the FDA extended the comment period to February 13, 2019. On February 25, the FDA reopened the comment period due to technical issues with the Federal eRulemaking Portal. ",,,
176,,,4/18/2019,Delayed,,,,,Immigration,"DHS, DoJ","Department of Homeland Security, Department of Justice",,Asylum Seeker Restrictions,,,,,,11/9/2018,https://www.federalregister.gov/documents/2018/11/09/2018-24594/aliens-subject-to-a-bar-on-entry-under-certain-presidential-proclamations-procedures-for-protection,,trump,progress,11/9/2018,https://www.americanbar.org/content/dam/aba/administrative/immigration/east_bay_sanctuary_dec_19_2018_order.pdf,Delayed*,court,block,A rule barring asylum eligibility of certain individuals entering the U.S. at the southern border.,"On November 9, 2018, the Department of Homeland Security and the Department of Justice issued an interim final rule, and the white house issued a presidential proclamation regarding asylum seekers who enter the U.S. at the southern border. The rule bars asylum eligibility for individuals who do not enter the southern border through an official port of entry. The rule does not apply to individuals who arrive before November 9, 2018.
Several legal experts, including the ACLU, have challenged the legality of the rule. On November 19, 2018, a federal judge entered a temporary order preventing the government from implementing the interim rule. The government appealed the restraining order on November 27, and asked the district court to stay the government order and allow the interim rule to go into effect pending that appeal. The district court and appeals court denied the motion to stay on November 30 and December 7 respectively; the Supreme Court denied the request for stay pending appeal of the district court's order on December 21.
On December 3, the Plaintiffs also filed a motion for a preliminary injunction, which would effectively extend the temporary restraining order by asking the district court to prohibit the government from implementing the interim rule until there is a resolution of the case. On December 19, the district court granted preliminary injunction, and ordered the government to return to the pre-rule practices for processing asylum applications. The government appealed, and on February 11, 2019, filed a motion to stay further proceedings pending the resolution of the appeal. On March 5, the district court granted the government's unopposed motion to stay.",,,
177,,,3/27/2019,In effect,,,,,Environmental,BLM,Bureau of Land Management,,Sage Grouse Protections,12/6/2018,https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=renderDefaultPlanOrProjectSite&projectId=90121&dctmId=0b0003e880fb63b3,,trump,progress,3/15/2019,https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=134121,,trump,progress,3/15/2019,https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=134121,,trump,progress,A series of plans reducing protections for the sage grouse in the Northwest and thereby opening land for oil drilling.,"In 2010, the U.S. Fish and Wildlife Service determined that the greater sage grouse bird warranted protections under the Endangered Species Act (ESA), but that it would not list the bird at the time because the statuses of other species were more urgent. The announcement raised concerns that the sage grouse would eventually be listed, and that the land restrictions accompanying this move would severely hurt the oil, gas and livestock industries in the Northwest. This spurred various interest groups (including government agencies, energy producers, and environmental groups) to work together and enact a series protections that were less stringent than what they would've been under the ESA, but would be effective enough so that the bird would be kept off the endangered species list. The efforts were largely successful: the Department of the Interior announced in 2015 that threats to the bird had been significantly reduced, and that the population had rebounded; the sage grouse would not be put on the endangered species list.
On June 7, 2017, Interior Secretary Ryan Zinke announced review of the sage grouse plans, claiming that it wanted to consider local economic growth and job creation. The announcement was viewed as part of the administration's ""America First"" energy plan, which aims to boost oil and gas production on public lands. On December 6, the Bureau of Land Management released a series of state proposals that would reduce the area of the land identified as critical habitat for the sage grouse by about 9 million acres. Further, the proposals would give states more flexibility in determining the type of development activities that would be allowed near the bird's habitat. This action is largely seen as a move to encourage more oil drilling.
On March 15, BLM amended six resource management plans to remove protections for the sage grouse. It is the largest action by the trumpadministration to date that opens federal lands for fossil fuel leasing: the changes affect about 9 million acres of sage grouse habitat. ",,,
178,,,12/12/2018,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,,Emission Limits for New Coal Power Plants,12/2/2018,https://www.epa.gov/sites/production/files/2018-12/documents/frn_egu_ghg_nsps_dec2018_wdisc_0.pdf,,trump,progress,,,,,,,,,,,A rule relaxing greenhouse gas emission standards on new coal-fired power plants.,"Under the Clean Air Act, the 2015 New Source Performance Standards (NSPS) for coal plants require that new generators emit no more than 1,400 pounds of carbon dioxide per megawatt-hour of generation. These rules set emission limits at a level that would be difficult to reach without carbon capture and storage (CCS) technology.
The NSPS was subsequently challenged in North Dakota v. EPA (2015). A key issue was whether partial CCS is an adequately demonstrated technology for reducing GHG emissions from coal-fired power plants. The Sabin Center's amicus brief asserted that the technology was indeed adequately demonstrated, so the coal NSPS was lawful. But on March 28, 2017, President trumpissued an executive order instructing Environmental Protection Agency to review the NSPS and to rescind or rewrite the rule as needed. In response, the EPA submitted a request to the D.C. Court of Appeals to put a hold on the case given EPA's reconsideration of the rule. The request was granted on March 20.
On December 2, 2018, the EPA proposed a rule to increase the NSPS to 1,900 pounds of carbon dioxide per megawatt-hour for larger units, and 2,000 pounds for smaller units.",,,
180,181,1,4/1/2019,Rescinded,,,,,Environmental,DoE,Department of Energy,Energy conservation standards: definition of general service lamps,Energy conservation standards: definition of general service lamps,3/17/2016,https://www.federalregister.gov/documents/2016/03/17/2016-04813/energy-conservation-program-energy-conservation-standards-for-general-service-lamps,,obama,progress,1/19/2017,https://www.federalregister.gov/documents/2017/01/19/2016-32013/energy-conservation-program-energy-conservation-standards-for-general-service-lamps,,obama,progress,1/1/2020,https://www.federalregister.gov/documents/2019/12/27/2019-27515/energy-conservation-program-energy-conservation-standards-for-general-service-incandescent-lamps,Repealed*,trump,block,A rule expanding the number of lightbulbs subject to energy efficiency standards.,"The Energy Conservation Program for Consumer Products gives the Department of Energy (DOE) the authority to ""develop, revise, and implement minimum energy conservation standards for appliances and equipment,"" including general service lamps (GSL). On January 19, 2017, the DOE finalized a rule that revised the definition of GSL to include certain light bulbs that were previously considered too specialized so that they would be exempt from the conservation standards. This rule was set to go into effect on January 1, 2020.",,,
181,180,2,9/23/2019,Rescinded,,,,,Environmental,DoE,Department of Energy,Energy conservation standards: definition of general service lamps,Repeal,2/7/2019,https://www.energy.gov/sites/prod/files/2019/02/f59/withdrawal-of-gsl-definition-nopr.pdf,,trump,progress,9/5/2019,https://www.federalregister.gov/documents/2019/09/05/2019-18940/energy-conservation-program-definition-for-general-service-lamps,,trump,progress,10/7/2019,https://www.federalregister.gov/documents/2019/09/05/2019-18940/energy-conservation-program-definition-for-general-service-lamps,,trump,progress,Repeal of a rule expanding the number of lightbulbs subject to energy efficiency standards.,"On February 7, 2019, the Department of Energy (DoE) proposed to repeal the GSL rules that expanded the number of light bulbs subject to energy efficiency standards. On April 1, 2019, the DOE extended the comment period to May 3, 2019. According to a report by Appliance Standards Awareness Project, an average household will lose upto $115 per year in energy bill savings in 2025, leading to a national cumulative amount of about $340 billion consumer losses by 2050. Additionally, this would add millions of tons of pollutants to the atmosphere. A DoE analysis estimates annualized cost savings of about $3.4-$13.7 million for the retail market, and classifies it as a E.O. 13771 deregulatory action. This withdrawal was finalized on September 5, 2019, and will go into effect on October 7, 2019.These changes are expected to be challenged in court.",,,
182,,,12/30/2019,In rulemaking,,,,,"Agriculture
Health",USDA,U.S. Department of Agriculture,,SNAP requirements for able-bodied adults without dependents,2/1/2019,https://www.federalregister.gov/documents/2019/02/01/2018-28059/supplemental-nutrition-assistance-program-requirements-for-able-bodied-adults-without-dependents,,trump,progress,5/12/2019,https://www.federalregister.gov/documents/2019/12/05/2019-26044/supplemental-nutrition-assistance-program-requirements-for-able-bodied-adults-without-dependents,,trump,progress,4/1/2020,https://www.federalregister.gov/documents/2019/12/05/2019-26044/supplemental-nutrition-assistance-program-requirements-for-able-bodied-adults-without-dependents,,trump,progress,A rule reducing state waivers for the time limits regarding Supplemental Nutrition Assistance Program (SNAP) benefits for able-bodied adults without dependents.,"Usually, able-bodied adults without dependents (ABAWD) can only receive SNAP benefits for three months in a 36-month period. However, if a State SNAP agency requests, the Department of Agriculture can waive the time limit in areas where the unemployment rate is over 10 percent, or where there is a lack of sufficient jobs. State agencies also have a limited number of ""percentage exemptions"" that they can use to extend SNAP eligibility for individual ABAWDs. States can carryover any unused percentage exemptions to future years.
On February 1, 2019, the Food and Nutrition Service (FNS) proposed to amend the standards by which it evaluates State SNAP agency requests, and to end the unlimited carryover of ABAWD percentage exemptions. It is intended to encourage broader application of the ABAWD work requirement. The comment period for this rule, which originally ended on April 2, 2019, was reopened by FNS on April 8, 2019 for three days.
This rule was finalized on December 5, 2019, and goes into effect on April 1, 2020. An analysis by The Hamilton Project finds that this rule would materially weaken SNAP's capacity to act as an automatic stabilizer during recessions.",,,
183,184,1,6/20/2019,Delayed,,,,,"Financial
Children, Youth, and Families",CFPB,Consumer Financial Protection Bureau,"Protections for Payday, Vehicle Title, and Certain High-Cost Installment Loans","Protections for Payday, Vehicle Title, and Certain High-Cost Installment Loans",6/2/2016,https://s3.amazonaws.com/files.consumerfinance.gov/f/documents/Rulemaking_Payday_Vehicle_Title_Certain_High-Cost_Installment_Loans.pdf,,obama,progress,11/17/2017,https://www.federalregister.gov/documents/2017/11/17/2017-21808/payday-vehicle-title-and-certain-high-cost-installment-loans,,obama,progress,11/19/2020,,Delayed,trump,block,"A rule creating consumer protections for payday, vehicle title, and certain high-cost installment loans.","On June 2, 2016, the Bureau of Consumer Financial Protection (Bureau) proposed various consumer protections for payday loans, vehicle title loans, and certain high-cost installment loans. The rule deems the practice of lenders making short-term and longer-term balloon-payment loans (including payday and vehicle title loans), without reasonably determining that borrowers have the ability to repay, as unfair and abusive. It prescribes underwriting criteria for determining a borrower's ability to repay for these loans, though certain loans are exempt from the requirements. The rule also deems it an unfair and an abusive practice for the lender--when making these loans or certain other high-cost longer-term loans--to withdraw payment from consumers' accounts after two consecutive payment attempts have failed (unless the consumer provides authorization), among other provisions. The rule was finalized on November 17, 2017, and was effective January 16, 2018. The compliance date for the rule was set to be August 19, 2019. On February 14, the Bureau proposed to delay the compliance date of certain provisions (notably the ability to repay provisions) by 15 months to November 19, 2020. The Bureau finalized the 15 month delay on June 17, 2019, and made minor correcting amendments to the original rule. The amendments are effective August 16, 2019. ",,,
184,183,2,6/20/2019,In rulemaking,,,,,"Financial
Children, Youth, and Families",CFPB,Consumer Financial Protection Bureau,"Protections for Payday, Vehicle Title, and Certain High-Cost Installment Loans",Repeal,2/14/2019,https://www.federalregister.gov/documents/2019/02/14/2019-01906/payday-vehicle-title-and-certain-high-cost-installment-loans,,trump,progress,,,,,,,,,,,"A rule repealing certain protections for payday, vehicle title, and certain high-cost installment loans.","On February 14, the Bureau proposed to rescind (and delay) certain protections (notably the ability to repay provisions) for payday, vehicle title, and certain high-cost installment loans.",,,
185,332,1,6/25/2021,In effect,Y,,,Rulemaking - Overturning and replacing Trump,"Health
Children, Youth, and Families",HHS,Department of Health and Human Services,Title X funding for clinics providing abortions,Title X funding for clinics providing abortions,6/1/2018,https://www.federalregister.gov/documents/2018/06/01/2018-11673/compliance-with-statutory-program-integrity-requirements,,trump,progress,3/4/2019,https://www.federalregister.gov/documents/2019/03/04/2019-03461/compliance-with-statutory-program-integrity-requirements#footnote-1-p7715,,trump,progress,4/25/2019,https://www.washingtonpost.com/context/judge-bastian-s-injunction-against-trump-family-planning-rule/?noteId=d0f83277-6a2b-4da7-a0aa-83fb64c0fcd9&questionId=cf1c087c-34d6-4b8f-9129-a10914a85db6&utm_term=.915ae8d84cb8,,trump,progress,"A rule curtailing Title X funding to clinics that provide abortions, and prohibiting abortion referrals.","Title X of the Public Health Services Act provides federal funding for family planning clinics to provide services for low-income patients. On March 4, 2019, the Health and Human Services (HHS) department finalized Title X revisions curtailing funding to clinics that provide abortions or abortion referrals from receiving Title X funding. Title X providers are required to ""maintain a physical and financial separation from locations which provide abortion as a method of family planning."" Further, the rule bans Title X grantees from providing referrals for abortion services and mandates referrals to prenatal services.","This rule limits access to abortions and is seen as a blow to programs like Planned Parenthood, which estimates that it serves about 41 percent of patients who receive family planning services under Title X.","There have been several legal challenges to the revisions. The attorneys general from 23 states, major family planning organizations, individual providers and the American Medical Association have filed legal challenges in federal courts. On February 24, 2020, a federal appeals court upheld the rule, reversing three 2019 district court decisions that had enjoined the rule.","The rule also formally revoked the Obama Administration's 2016 amendments which prevented states from blocking Title X funding for family planning clinics that provide abortions (the amendments were already nullified by Congressional Review Act; see Trump Tracker entry: ""State Funding for Abortion Providers"")."
186,,,3/13/2019,In effect,,Other,Executive order from President Trump revoking an executive order from former President Obama.,,Other,White House,,,Executive Order 13862,,,,,,,,,,,,,,,,An executive order that revokes the reporting requirement of civilian casualties resulting from U.S. airstrikes.,"Section three of President Obama's executive order (E.O.) 13732 issued July 1, 2016 required the Director of National Intelligence (or other designated officials) to publicly release an annual report of the strikes undertaken by the U.S. military and Central Intelligence Agency outside of war zones, and assessments of military and civilian deaths resulting from those strikes. It was intended to create transparency and accountability for such strikes, and help reduce the likelihood of civilian casualties. Although many viewed it as a step in the right direction, some had criticized the Obama-era report released in response to E.O. 13732 for being vague and speculated that it was underestimating casualties.
The trumpadministration failed to release their report last year, and on March 11, 2019, President trumpissued E.O. 13862, revoking this reporting requirement. Some current and former national security advisors have defended this move, calling the Obama-era order redundant; other policymakers have expressed alarm, stating that it not only reduces transparency and accountability, but could also be a threat to national security.",,,
187,,,3/20/2019,In effect,,,,,Financial,Treasury,Department of the Treasury,,Eliminating Unnecessary Tax Regulations,2/15/2018,https://www.federalregister.gov/documents/2018/02/15/2018-02918/eliminating-unnecessary-tax-regulations,,trump,progress,3/14/2019,https://www.federalregister.gov/documents/2019/03/14/2019-03474/eliminating-unnecessary-tax-regulations,,trump,progress,3/14/2019,https://www.federalregister.gov/documents/2019/03/14/2019-03474/eliminating-unnecessary-tax-regulations,,trump,progress,A rule removing tax regulations that no longer have current or future applicability under the International Revenue Code.,"On February 15, 2018, the International Revenue Service (IRS) published a notice of proposed rulemaking to remove 298 regulations deemed to have ""no current or future applicability"" under the International Revenue Code. Such rules included those interpreting parts of the code that have been repealed or have been significantly revised, or refer to expired temporary regulations. The proposal was classified as a response to E.O 13777. On March 14, 2019, the IRS finalized the removal of 296 regulations, and amendments to 79 regulations to reflect the removal of the 296.",,,
188,,,3/20/2019,In effect,,,,,Agriculture,USDA,U.S. Department of Agriculture,,Livestock Carcass Labeling Rule,7/31/2018,https://www.federalregister.gov/documents/2018/07/31/2018-16345/elimination-of-the-requirement-that-livestock-carcasses-be-marked-us-inspected-and-passed-at-the,,trump,progress,3/18/2019,https://www.federalregister.gov/documents/2019/03/18/2019-04993/elimination-of-the-requirement-that-livestock-carcasses-be-marked-us-inspected-and-passed-at-the,,trump,progress,4/17/2019,https://www.federalregister.gov/documents/2019/03/18/2019-04993/elimination-of-the-requirement-that-livestock-carcasses-be-marked-us-inspected-and-passed-at-the,,trump,progress,A rule loosening the labeling requirement for establishments that slaughter livestock and process those carcasses for meat production at the same location.,"In the past, places that slaughter livestock often shipped carcasses to other meat producing places. Thus, all livestock carcasses had to be marked with a ""U.S. Inspected and Passed"" label after this stage of production. Today, many slaughterhouses also make other meat products. On July 31, 2018, the Food Safety and Inspection Service proposed to eliminate the labeling requirement for carcasses that are later processed within the same establishment. The rule was finalized March 18, 2019, and is effective April 17. It is an E.O. 13771 deregulatory action.",,,
189,,,2/5/2020,In rulemaking,,,,,Housing,HUD,Department of Housing and Urban Development,,Streamlining Formaldehyde Standards for Certain Wood Products,3/22/2019,https://www.federalregister.gov/documents/2019/03/22/2019-05174/streamlining-and-aligning-formaldehyde-emission-control-standards-for-certain-wood-products-in,,trump,progress,1/31/2020,https://www.federalregister.gov/documents/2020/01/31/2020-01474/streamlining-and-aligning-formaldehyde-emission-control-standards-for-certain-wood-products-in,,trump,progress,3/2/2020,https://www.federalregister.gov/documents/2020/01/31/2020-01474/streamlining-and-aligning-formaldehyde-emission-control-standards-for-certain-wood-products-in,,trump,progress,"A rule implementing 2010 standards for formaldehyde in certain wood products, and removing certain other requirements.","On March 22, 2019, the Housing and Urban Development Department (HUD) proposed a rule regarding formaldehyde standards for certain wood products. First, it proposed to implement standards from 2010. Second, it proposed to remove certain aspects of HUD's current manufactured housing formaldehyde standard requirements, including provisions requiring health notices to be posted in manufactured homes, testing of post-treatment panels after certification, and testing of certain plywood materials. On January 31, 2020, HUD finalized this rule. This rule is considered an E.O. 13771 deregulatory action.",,,
190,,,3/27/2019,In rulemaking,,,,,"Education
Children, Youth, and Families",HHS,Department of Health and Human Services,,Head Start Service Duration Requirements,3/26/2019,https://www.federalregister.gov/documents/2019/03/26/2019-05363/head-start-service-duration-requirements,,trump,progress,,,,,,,,,,,"A rule removing the requirement for all Head Start center-based programs to operate for 1,020 hours annually by August 1, 2021.","Currently, all Head Start center-based programs must operate for 1,020 hours annually by August 1, 2021. This was part of a set of rules that modernized performance standards for Head Start in 2016. This provision would have increased the minimum required amount of time preschool children receive Head Start services. On March 26, 2019, the Administration for Children and Families (ACF) proposed to remove the Head Start service duration requirement. This is expected to be an E.O. 13771 deregulatory action.",,,
191,192,,11/12/2019,Rescinded,,,,,Labor,DoL,Department of Labor,White Collar Exemptions for Overtime Pay,White Collar Exemptions for Overtime Pay,7/6/2015,https://www.federalregister.gov/documents/2015/07/06/2015-15464/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and,,obama,progress,5/23/2016,https://www.federalregister.gov/documents/2016/05/23/2016-11754/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and#footnote-1-p32393,,obama,progress,8/31/2017,http://ktbenefits.com/wp-content/uploads/2017/09/Federal-Court-Strikes-Down-2016-Overtime-Rule-3.pdf,,court,block,A rule increasing the minimum salary needed to be classified as a white collar worker and exempt from requirements under the Fair Labor Standards Act.,"The Fair Labor Standards Act (FLSA) requires covered employers to pay employees a minimum wage, and for employees who work more than 40 hours in a week, overtime premium pay at least 1.5-times their regular pay. The FLSA has a number of exemptions to these requirements, including the ""white collar"" exemption including a salary-level test, a salary-basis test, and a duties test. Historically, the Department of Labor (DoL) has used a salary level test to help define the white collar exemption, reasoning that employees paid less than a certain salary level are unlikely to be white collar workers.
A rule published by DoL in 2004 (""2004 rule"") set this salary level at $455 per week ($23,660 per year), which was just above the 20th percentile of salaries in 2002. In May 2016, the DoL under the Obama administration raised this threshold to $913 per week ($47,476 per year), determined at the 40th percentile of salaries in 2015, with the threshold updated every three years to the 40th percentile salary level. This would have expanded overtime to over 4 million workers. This rule was expected to go into effect on December 1, 2016, however, it was challenged in court in November 2016, and was stayed by the Texas federal court before it went into effect. This was then invalidated by the same court in August 2017, reasoning that it the DoL exceeded its authority in implementing the rule. Subsequently, DoL reverted back to the 2004 rule for the salary test.",,,
192,191,,11/12/2019,In effect,,,,,Labor,DoL,Department of Labor,White Collar Exemptions for Overtime Pay,Revision of exemptions,3/22/2019,https://www.federalregister.gov/documents/2019/03/22/2019-04514/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and,,trump,progress,9/24/2019,https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and,,trump,progress,1/1/2020,https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and,,trump,progress,A rule revising the requirements needed to be classified as a white collar worker and exempt from requirements,"On March 22, 2019, the DoL proposed to increase the salary level used to define white collar workers, which would result in more exemptions from FLSA requirements to $679 per week ($35,308 per year). This is determined at the 20th percentile of full-time salaried workers in 2019, and is expected to expand overtime to over 1.3 million workers (as opposed to 4 million workers under the 2016 Obama DoL rule). This rule was finalized on September 24, 2019, and is expected to be an E.O. 13771 deregulatory action, saving over $535 million compared to the 2016 rule. The rule is effective on January 1, 2020.",,,
193,,,12/30/2019,In rulemaking,,,,,Labor,DoL,Department of Labor,,"Overtime ""regular rate"" calculation",3/28/2019,https://www.dol.gov/whd/overtime/regularrate2019.htm,,trump,progress,12/16/2019,https://www.federalregister.gov/documents/2019/12/16/2019-26447/regular-rate-under-the-fair-labor-standards-act,,trump,progress,1/15/2020,https://www.federalregister.gov/documents/2019/12/16/2019-26447/regular-rate-under-the-fair-labor-standards-act,,trump,progress,"A rule modernizing the definition of the ""regular rate"" used to calculate overtime pay under the Fair Labor Standards Act.","The Fair Labor Standards Act (FLSA) generally requires that covered, nonexempt employees receive overtime pay of at least 1.5 times their ""regular rate"" of pay for work hours over 40 per workweek. The ""regular rate"" is the employee's stated hourly rate of pay, and there are various rules used to calculate the regular rate. The last comprehensive update to the rule was in 1968. On March 28, 2019, the Department of Labor published a notice of proposed rulemaking to update regulations regarding the regular rate. The proposed rule is an E.O. 13771 deregulatory action. On December 16, 2019, DoL finalized this rule with some modifications. According to DoL, the final rule will promote compliance with the FLSA and encourage employers to provide additional and innovative benefits to workers. This rule will go into effect on January 15, 2020.",,,
194,,,4/2/2019,In rulemaking,,,,,Transportation,DoT,Department of Transportation,,Denied boarding compensation on airlines,3/28/2019,https://www.federalregister.gov/documents/2019/03/28/2019-05858/modernizing-payment-of-denied-boarding-compensation,,trump,progress,,,,,,,,,,,A rule allowing airlines to use electronic means to compensate and notify passengers who are denied boarding due to oversales.,"Currently, airlines must provide compensation to passengers who are denied boarding due to oversales by issuing cash or checks, and provide them a paper copy of a denied boarding notice. On March 28, 2019, the Department of Transportation published a notice of proposed rulemaking to allow airlines to provide compensation and notice through electronic means. The proposed rule is expected to be an E.O. 13771 deregulatory action.",,,
195,,,4/8/2019,In effect,,,,,"Transportation
Labor",DoT,Department of Transportation,,Training requirements for Entry-Level Commercial Motor Vehicle Operators,6/6/2019,https://www.federalregister.gov/documents/2018/06/29/2018-13871/eldt-commercial-drivers-license-upgrade-from-class-b-to-class-a,,trump,progress,3/6/2019,https://www.federalregister.gov/documents/2019/03/06/2019-04044/commercial-drivers-license-upgrade-from-class-b-to-class-a,,trump,progress,5/6/2019,https://www.federalregister.gov/documents/2019/03/06/2019-04044/commercial-drivers-license-upgrade-from-class-b-to-class-a,,trump,progress,A rule reducing training requirements for certain commercial drivers license holders.,"Drivers are required to have a commercial driver's license (CDL) to drive certain commercial motor vehicles (CMV). The Federal Motor Carrier Safety Administration (FMCSA) has different classifications (A,B, and C) for CDLs based on the type of CMV being driven. On December 8, 2016, FMCSA established new minimum entry-level driver training (ELDT) requirements for new drivers. This rule was published in response to President Obama's Moving Ahead for Progress in the 21st Century Act (MAP-21), which required the same level of theory training for first-time CDL applicants as for those who already held a class B CDL and were upgrading to Class A CDL.
On June 6, 2019, FMCSA promulgated a notice of proposed rulemaking (NPRM) amending the December 8 requirements by adopting a new Class A theory instruction upgrade curriculum to reduce the training time and costs incurred by Class B CDL holders upgrading to Class A CDL. FMCSA concluded that ""because Class B CDL holders have prior training or experience, they are not required to receive the same level of theory training as individuals who have never held a CDL."" This rule was finalized on March 6, 2019, and is effective on May 6, 2019. This is considered an E.O. 13771 deregulatory action and is expected to result in $18 million of annualized cost savings.",,,
196,,,11/18/2021,In effect,,,,Rulemaking - Delaying Trump,Transportation,DoT,Department of Transportation,,Operation of drones,2/13/2019,https://www.federalregister.gov/documents/2019/02/13/2019-00732/operation-of-small-unmanned-aircraft-systems-over-people#footnote-1-p3857,,trump,progress,1/15/2021,https://www.federalregister.gov/documents/2021/01/15/2020-28947/operation-of-small-unmanned-aircraft-systems-over-people,,trump,progress,4/21/2021,https://www.federalregister.gov/documents/2021/01/15/2020-28947/operation-of-small-unmanned-aircraft-systems-over-people,delayed,trump,progress,A rule allowing small drones to fly overnight and above people.,"Unmanned Aircraft Systems (UAS), more commonly called drones, are aircrafts without human pilots on board. On June 28, 2016, the Federal Aviation Administration (FAA) under President Obama published rules prohibiting operation of small UAS, defined as those weighing less than 55 pounds, at night and from flying above people.","On February 13, 2019, the Trump administration FAA promulgated a notice of proposed rulemaking (NPRM) proposing to amend these rules to allow small UAS to fly overnight and above people without waivers under certain conditions in the United States. Additionally, the rule changes the recurrent training framework, expands the list of persons who may request the presentation of a remote pilot certificate, and makes other minor changes. FAA finalized this rule on January 15, 2021. This rule is intended to further integrate drones into the national airspace system and mitigate safety risks without inhibiting technological advances.",,"This rule was designated as an E.O. 13771 deregulatory action. On March 10, 2021, the Biden administration FAA delayed the effective date of the rule until April 21, 2021. On April 27, 2021, FAA issued a request for comments to amend the rule, though only minor changes have been approved. Most of the Trump-era rule remains in effect."
197,,,4/1/2019,In effect,,Other,Announcement of enforcement discretion from the Department of Transportation.,,Environmental,DoT,Department of Transportation,,Enforcement discretion regarding farm taps,,,,,,,,,,,,,,,,An announcement of non-enforcement against operators that do not comply with farm tap regulations.,"The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 was designed to improve pipeline safety and environmental protection. Proposed updates were published in the Federal Register on July 10, 2015, and went into effect March 24, 2017. On March 26, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced that it would not take enforcement action against operators who forego the newly established maintenance and inspection requirements regarding farm taps.",,,
198,327,1,6/25/2021,In effect,,,,,Labor,DoL,Department of Labor,Joint Employer Status: Fair Labor Standards Act,Joint Employer Status: Fair Labor Standards Act,4/9/2019,https://www.federalregister.gov/documents/2019/04/09/2019-06500/joint-employer-status-under-the-fair-labor-standards-act,,trump,progress,1/16/2020,https://www.federalregister.gov/documents/2020/01/16/2019-28343/joint-employer-status-under-the-fair-labor-standards-act,,trump,progress,3/16/2020,https://www.federalregister.gov/documents/2020/01/16/2019-28343/joint-employer-status-under-the-fair-labor-standards-act,,trump,progress,A rule defining joint employer standards under the Fair Labor Standards Act.,"Under the Fair Labor Standards Act (FLSA), employers deemed to be ""joint employers"" of an employee are jointly and severally liable for all of the employee's wages. On April 9, the Department of Labor (DoL) proposed a rule establishing a four-part test to determine whether an employer is deemed to have joint employer status under FLSA. On January 16, 2020 DoL issued a final rule promulgating these revisions.","The test, which was largely derived from Bonnette v. California Health and Welfare Agency, would assess whether the employer has the power to 1) hire or fire the employee, 2) supervise and control the employee’s work schedule or conditions of employment, 3) determine the employee’s rate and method of payment, and 4) maintain the employee’s employment records. Through this rule, the Department of Labor expected to build clarity in the interpretation of the joint employer status under FLSA to reduce litigation and compliance costs.","On September 8, 2020, a federal judge invalidated parts of the rule claiming that it weakened certain worker protections. The Trump administration appealed the decision.","These actions fall in line with a separate proposal by the National Labor Relations Board in narrowing the joint employer standards under the National Labor Relations Act, which outlines the legal framework for labor unions and management relations (see tracker entry ""Joint Employer Status: National Labor Relations Act""). The rule is considered an E.O. 13771 deregulatory action."
199,,,6/3/2019,In rulemaking,,,,,Transportation,DoT,Department of Transportation,,Commercial space launch and reentry licensing,4/15/2019,https://www.federalregister.gov/documents/2019/04/15/2019-05972/streamlined-launch-and-reentry-licensing-requirements,,trump,progress,,,,,,,,,,,A rule streamlining commercial space licensing and permit requirements for launch and reentry.,"On April 15, the Federal Aviation Administration (FAA) proposed a rule to streamline commercial space licensing and permit requirements for launch and reentry. Among other provisions, the proposal would consolidate the different requirements for expendable and reusable launch vehicles into a single performance-based set of rules. It would also allow operators to launch from multiple sites under one license. FAA estimates that this proposal would affect 12 operators and about 276 launches between 2019 and 2023. The rule is expected to be an E.O. 13771 deregulatory action. On May 31, FAA extended the comment period to July 30.",,"On September 8, 2020, a federal judge invalidated parts of the rule claiming that it weakened certain worker protections. The Trump administration appealed the decision.",
200,,,4/19/2019,In rulemaking,,,,,Agriculture,USDA,U.S. Department of Agriculture,,Meat and Poultry Labeling,4/17/2019,https://www.federalregister.gov/documents/2019/04/17/2019-07634/rescission-of-dual-labeling-requirements-for-certain-packages-of-meat-and-poultry,,trump,progress,,,,,,,,,,,A rule eliminating the dual weight and volume labeling requirement for meat and poultry packages.,"Packages of meat or poultry products that weigh between one and four pounds (one pint and one gallon) must express both the net weight and net volume on the product label. On April 17, 2019, USDA proposed to remove the dual labeling requirement which would allow the establishment to only express one unit of measurement. The rule is expected to be an E.O. 13771 deregulatory action.",,,
201,,,4/19/2019,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,Commercial and Industrial Solid Waste Incineration Standards and Emissions,6/15/2018,https://www.federalregister.gov/documents/2018/06/15/2018-12164/standards-of-performance-for-new-stationary-sources-and-emission-guidelines-for-existing-sources,,trump,progress,4/16/2019,https://www.federalregister.gov/documents/2019/04/16/2019-05529/standards-of-performance-for-new-stationary-sources-and-emission-guidelines-for-existing-sources,,trump,progress,4/16/2019,https://www.federalregister.gov/documents/2019/04/16/2019-05529/standards-of-performance-for-new-stationary-sources-and-emission-guidelines-for-existing-sources,,trump,progress,A rule providing flexibility and clarification for implementing performance standards and emission guidelines for commercial and industrial solid waste incineration units.,"The Clean Air Act directs the Environmental Protection Agency (EPA) to develop regulations limiting emissions of certain air pollutants from four categories of solid waste incineration units: municipal solid waste; hospital, medical, and infections solid waste; commercial and industrial solid waste; and other solid waste. EPA promulgated new source performance standards (NSPS) and emission guidelines (EG) to reduce air pollution from commercial and industrial solid waste incineration (CISWI units) in 2000. Various revisions have been made since.
On June 15, 2018, the EPA proposed a rule to address requests from industry stakeholders and agencies regarding the implementation of the June 2016 NSPS and EG for CISWIs, and to clarify certain inconsistencies within the rules. At the time, EPA did not expect the proposal to be an E.O. 13771 deregulatory action. On April 16, 2019, EPA finalized the rule, and deemed it an E.O. 13771 deregulatory action, stating that the rule provides additional flexibilities in the compliance demonstration process, and allows facilities to comply with alternate emissions limits.",,,
202,,,5/21/2020,In effect,,,,,"Children, Youth, and Families",HHS,Department of Health and Human Services,,Streamlining the Adoption and Foster Care Analysis and Reporting System,4/19/2019,https://www.federalregister.gov/documents/2019/04/19/2019-07827/adoption-and-foster-care-analysis-and-reporting-system,,trump,progress,5/12/2020,https://www.federalregister.gov/documents/2020/05/12/2020-09817/adoption-and-foster-care-analysis-and-reporting-system,,trump,progress,7/13/2020,,,trump,progress,A rule streamlining reporting requirements for the Adoption and Foster Care Analysis and Reporting System.,"The Social Security Act requires that the Department of Health and Human Services (HHS) regulate the Adoption and Foster Care Analysis and Reporting System (AFCARS), which is a national data collection system for adoption and foster care. Information in AFCARS is collected from state and tribal agencies that receive IV-E funding for child welfare (IV-E agencies) and is used by HHS for tasks such as providing national statistics on the child welfare population, providing reports to Congress, and monitoring compliance with title IV-B and IV-E requirements. AFCARS collects information on children who are in out-of-home care, who exit out-of-home care to adoption or legal guardianship, and children who are covered by a title IV-E adoption or guardianship assistance agreement.
On April 19, 2019, the Administration of Children and Families promulgated a Notice of Proposed Rulemaking (NPRM) to reduce certain data elements in AFCARS reporting requirements related to child information, placements, and permanency planning. The rule was finalized on May 12, 2020 and is expected to further delay the implementation of separate, already delayed AFCARS-related rule revisions published on December 14, 2016 (See tracker entry ""Adoption and Foster Care Analysis and Reporting System - Delay""). This rule is an E.O. 13771 deregulatory action and is expected to result in $39.2 million in annual savings from reporting burden reductions. This rule is expected to further delay the implementation of separate, delayed AFCARS-related rule revisions published on December 14, 2016 (See tracker entry ""Adoption and Foster Care Analysis and Reporting System - Delay""). This rule is expected an E.O. 13771 deregulatory action and is expected to result in $39.2 million in annual savings from reporting burden reductions.",,,
203,,,9/29/2020,In rulemaking,,,,,"Agriculture
Environmental
Children, Youth, and Families",EPA,Environmental Protection Agency,,Ban on the pesticide chlorpyrifos,11/6/2015,https://www.federalregister.gov/documents/2015/11/06/2015-28083/chlorpyrifos-tolerance-revocations,,obama,progress,,,,,,7/24/2019,https://www.regulations.gov/document?D=EPA-HQ-OPP-2007-1005-0527,,trump,block,"Reversal of a ban on a widely-used pesticide, Chlorpyrifos, which may pose health risks.","The Environment Protection Agency (EPA) establishes maximum residue limits, or ""tolerances,"" for pesticide residues on food. Chlorpyrifos, used commonly on corn, soybeans, broccoli and apples, is the most widely-used pesticide. Exposure to the pesticide may impair child brain development and damage adults' cognitive function.
In 2000, chlorpyrifos registrants voluntarily agreed to cancel almost all residential use of chlorpyrifos products, such as on lawns and landscaping. In 2006, EPA completed a tolerance assessment and Registration Eligibility Decision for chlorpyrifos, which included an overview of health risks. The following year, the Natural Resource Defense Council (NRDC) and the Pesticide Action Network of North America (PANNA) urged the EPA to revoke all chlorpyrifos tolerances and cancel all registrations. In response, EPA issued a preliminary human health risk assessment in 2011 and a revised assessment in 2014.
Dissatisfied with EPA's pace of response efforts, petitioners sued EPA to compel a faster response. On August 10, 2015, the U.S. Ninth Circuit Court of Appeals directed the EPA to ""issue either a proposed or final revocation rule or a full and final response to the administrative petition by October 31, 2015."" On November 6, 2015, pursuant to this order, EPA proposed to revoke all chlorpyrifos tolerances based in part on uncertainty surrounding the risk from chlorpyrifos uses. However, on March 29, 2017, EPA Administrator Scott Pruitt signed an order reversing this rule and rejecting the NRDC and PANNA petition.
On August 9, 2018, the court ordered EPA to ban chlorpyrifos within 60 days. However, in September 2018, the Trump administration appealed the ruling and the court agreed to reconsider. On April 19, 2019, the court ordered EPA to make a final decision on the ban of chlorpyrifos within 90 days. Consequently, on July 24, 2019, EPA rejected the pesticide ban and published an order, denying all objections to the March 2017 petition.
On September 22, 2020, EPA issued three chlorpyrifos assessments: a draft ecological risk assessment, a revised human health risk assessment, and an updated drinking water assessment. In these revised assessments, EPA dismissed prior evidence of health risks by stating that ""the science addressing neurodevelopmental effects remains unsolved,"" and that further review of the science was needed. EPA leveraged its scientific transparency rule, which requires scientific studies informing EPA rulemaking to have their underlying data made publicly available (see tracker entry), in revising the chlorpyrifos risk assessments. EPA claimed it was not able to verify the data used by a Columbia study that informed EPA's health risk assessments, since it was not made publicly available. However, attorneys claim that Columbia researchers were willing to show their data to agency officials in a secure location, but have not released the information publicly because of privacy concerns.",,,
204,,,4/25/2019,In rulemaking,,,,,Environmental,DoE,Department of Energy,,Test procedures for electric motors,4/23/2019,https://www.federalregister.gov/documents/2019/04/23/2019-06868/energy-conservation-program-test-procedures-for-small-electric-motors-and-electric-motors,,trump,progress,,,,,,,,,,,A rule allowing manufacturers to use alternative standards when testing electric motor efficiency.,"The Department of Energy (DOE) is authorized to establish energy conservation standards and test procedures for small electric motors and electric motors. On April 23, DOE proposed to amend these test procedures by offering alternative industry standards that manufacturers can follow when testing for motor efficiency. For small electric motors, DOE also proposed to amend test conditions to ensure the comparability of test results. The rule is expected to be an E.O. 13771 deregulatory action.",,,
205,,,5/7/2019,In rulemaking,Y,,,,Financial,Treasury,Department of the Treasury,,Opportunity Zone Regulations,5/1/2019,https://www.federalregister.gov/documents/2019/05/01/2019-08075/investing-in-qualified-opportunity-funds,,trump,progress,,,,,,,,,,,Rules clarifying Opportunity Zone provisions in the 2017 Tax Cuts and Jobs Act.,"The 2017 Tax Cuts and Jobs Act created Opportunity Zones—economically distressed areas selected by states and targeted for federal tax subsidies for investment. The tax subsidies include deferral and partial forgiveness of capital gains tax on investments in zones and the exclusion of gains on future appreciation of investments held for at least 10 years. Investors have eagerly awaited regulations governing the program before making their investments.
Treasury initially issued guidance on October 29, 2018 that clarified some provisions but left open other essential questions. On May 1, 2019, Treasury issued a second round of guidance. The proposed rules clarified questions like what ""substantially all"" meant when applied to questions like how much of a business' activity needed to occur within a zone to qualify for the tax break, rules governing the types of operating businesses that qualify, and the treatment of leased property used by qualifying opportunity zone businesses. Treasury expects the proposed rules, when final, to be an E.O. 13771 deregulatory action. Comments are open through July 1, 2019.",,,
206,,,5/15/2019,In rulemaking,,,,,Environmental,DoE,Department of Energy,,DoE's Processing of Interim Testing Procedure Waivers,5/1/2019,https://www.federalregister.gov/documents/2019/05/01/2019-08699/test-procedure-interim-waiver-process,,trump,progress,,,,,,,,,,,A rule streamlining the process in which the Department of Energy evaluates interim waiver applications from energy efficiency testing.,"Manufacturers of products subject to the Department of Energy's (DOE) energy efficiency standards must follow test procedures to demonstrate that their products comply. DOE can grant waivers from these testing requirements for products that would be difficult to test or evaluate under the prescribed rules. DOE may require alternate testing procedures when granting waivers.
In response to delays in processing waiver applications, DOE proposed a rule to streamline the process in which they evaluate waiver applications on May 1, 2019. The proposed rule would require DOE to notify an applicant of an interim waiver of the disposition of the request within 30 business days upon receipt of the application. If the DOE fails to satisfy this requirement, the interim waiver would be granted. The rule is an E.O. 13771 deregulatory action.",,,
207,,,5/16/2019,In rulemaking,,,,,Other,DHS,Department of Homeland Security,,Fire extinguishers for recreational vessels,5/13/2019,https://www.federalregister.gov/documents/2019/05/13/2019-09699/fire-protection-for-recreational-vessels,,trump,progress,,,,,,,,,,,A rule exempting recreational vessels from certain fire extinguishing equipment standards.,"On May 13, 2019, the Coast Guard proposed a rule that would relieve recreational vessels from having to comply with certain fire extinguisher equipment standards. It does not change any standards for commercial vessels. The rule is an E.O. 13771 deregulatory action.",,,
208,,,5/16/2019,In rulemaking,,,,,"Transportation
Labor",DoT,Department of Transportation,,Locomotive engineer certification revisions,5/9/2019,https://www.federalregister.gov/documents/2019/05/09/2019-09028/qualification-and-certification-of-locomotive-engineers-miscellaneous-revisions,,trump,progress,,,,,,,,,,,A rule revising locomotive engineer licensing and certification requirements to be consistent with those of train conductors.,"The Department of Transportation (DOT) prescribes regulations regarding licensing and certification of locomotive engineers, which were established in 1991 (last amended in 2009), and of train conductors, which were prescribed in 2011. On May 9, 2019, DOT proposed to revise the requirements for locomotive engineers so that they are consistent with those of train conductors.The proposed changes include handling engineer and conductor petitions regarding certifications with a single review board and streamlining the filing requirements for petitions. The proposed rule is expected to be an E.O. 13771 deregulatory action.",,,
209,,,5/16/2019,In effect,,,,,"Health
Children, Youth, and Families",HHS,Department of Health and Human Services,,Streamlining Medicare appeals,10/2/2018,https://www.federalregister.gov/documents/2018/10/02/2018-21223/medicare-program-changes-to-the-medicare-claims-and-medicare-prescription-drug-coverage,,trump,progress,5/7/2019,https://www.federalregister.gov/documents/2019/05/07/2019-09114/medicare-program-changes-to-the-medicare-claims-and-medicare-prescription-drug-coverage,,trump,progress,7/8/2019,,,trump,progress,A rule streamlining the process for Medicare claims and prescription drug coverage determination appeals.,"Once Medicare makes a coverage or payment determination under Medicare Parts A, B, or D, affected parties have the right to appeal the decision. On October 2, 2018, the Centers for Medicare and Medicaid Services (CMS) proposed a rule to streamline the appeals process. Among other provisions, the rule removes the requirement that appellants sign appeal requests. Previously, some appeal forms had signature requirements and others did not, and CMS estimated that 284,486 of the approximately 4.5 million appeal requests a year were dismissed for not containing a signature when needed. The rule also specifies timeframes for certain actions, and revises provisions from the final January 2017 rule that ""upon further review, pose unanticipated challenges with implementation."" The rule was finalized May 7, 2019, and is effective July 8, 2019. The rule is an E.O. 13771 deregulatory action.",,,
210,211,1,6/15/2020,Rescinded,Y,,,,"Health
Children, Youth, and Families",HHS,Health and Human Services Department,Nondiscrimination provisions in the Affordable Care Act,Nondiscrimination provisions in the Affordable Care Act,9/8/2015,https://www.federalregister.gov/documents/2015/09/08/2015-22043/nondiscrimination-in-health-programs-and-activities,,obama,progress,5/18/2016,https://www.federalregister.gov/documents/2016/05/18/2016-11458/nondiscrimination-in-health-programs-and-activities?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov,,obama,progress,12/31/2016,https://affordablecareactlitigation.files.wordpress.com/2018/12/FA-briefing-schedule-order.pdf,,court,block,A rule establishing expansive definitions of nondiscrimination provisions in the Affordable Care Act.,"Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Notably, it is the first federal civil rights law to prohibit discrimination on the basis of sex in healthcare. On September 8, 2015, HHS proposed a rule clarifying existing nondiscrimination requirements, and setting new standards for the implementation of Section 1557.
Under this rule, HHS, defined ""discrimination on the basis of sex"" to include discrimination on the basis of pregnancy, sex stereotyping, and gender identity. The rule further defined the term ""gender identity"" as ""an individual's internal sense of gender, which may be different from an individual's sex assigned at birth,"" extending protections to transgender individuals and to those who don't conform to traditional sex stereotypes.
This rule was finalized on May 18, 2016, and went into effect on July 18, 2016. However, lawsuits challenging the regulation were subsequently filed, and on December 31, 2016, a federal judge in Texas issued a nationwide preliminary injunction against this rule, finding that it is unlawful under the Administrative Procedure Act, and prevented its enforcement. On April 5, 2019, the Department of Justice (DoJ) agreed that parts of the rule were unlawful and suggested that a new proposed rule would be released in the future.",,,
211,210,2,6/15/2020,In rulemaking,Y,,,,"Health
Children, Youth, and Families",HHS,Health and Human Services Department,Nondiscrimination provisions in the Affordable Care Act,Revised Rule limiting nondiscrimination provisions,5/24/2019,https://www.hhs.gov/sites/default/files/1557-nprm-hhs.pdf,,trump,progress,6/12/2020,https://www.federalregister.gov/documents/2020/06/19/2020-11758/nondiscrimination-in-health-and-health-education-programs-or-activities-delegation-of-authority,,trump,progress,,,,,,A rule revising and repealing expansionary nondiscrimination provisions in the Affordable Care Act.,"The Office of Civil Rights (OCR) of the Department of Human and Health Services (HHS) proposed a rule revising Section 1557 provisions from the 2016 rule (above), which had established expansive definitions of nondiscrimination. Among other things, it removes the definitions regarding ""sex discrimination"", thereby removing protections extended to LGBTQ individuals. Under the rule, as Kaiser Family Foundation notes, a health care provider could refuse to treat a patient based on the patient's gender identity. Other notable provisions of this rule limit LGBTQ access to healthcare and allows providers to deny abortions based on the provider's religious beliefs.
HHS states that this rule aims to ""better comply with the mandates of Congress, address legal concerns, relieve billions of dollars in undue regulatory burdens, further substantive compliance, reduce confusion, and clarify the scope of Section 1557."" This rule is expected to be an E.O. 13771 deregulatory action and generate cost savings up to $2.9 billion over five years from relieved ""undue regulatory burden."" Further litigation on this rule is expected.",,,
213,,,11/18/2021,Rescinded,,,,Rulemaking - Overturning Trump,"Housing
Children, Youth, and Families",HUD,Department of Housing and Urban Development,,Homeless transgender protections,7/24/2020,https://www.federalregister.gov/documents/2020/07/24/2020-14718/making-admission-or-placement-determinations-based-on-sex-in-facilities-under-community-planning-and,,trump,progress,4/27/2021,https://www.federalregister.gov/documents/2021/04/27/2021-08513/making-admission-or-placement-determinations-based-on-sex-in-facilities-under-community-planning-and,withdrawn,biden,block,,,,,,A new rule allowing shelters to establish their own rules for admission based on sex.,"The Trump-era Department of Housing and Urban Development (HUD) proposed a rule allowing single-sex shelters or sex-segregated facilities to independently establish rules for the admission of individuals whose gender identity does not match their biological sex. Shelters will be able to determine an individual's sex ""based on a good faith belief,"" where in ""reasonable considerations may include, but are not limited to a combination of factors such as height, the presence (but not the absence) of facial hair, the presence of an Adam's apple, and other physical characteristics which, when considered together, are indicative of a person's biological sex.""","The Trump-era rule would have restricted transgender people in homeless shelters. LGBTQ+ advocates said that the rule would have put trans people's lives in danger and targeted both trans women and cis women with masculine features, which could have forced them into men's shelters, putting them at risk. The Biden-era action prevents this.",,"On April 22, 2021, HUD announced that it was withdrawing this rule because it is inconsistent with two of President Biden's Executive Orders: ""Advancing Racial Equity and Support for Underserved Communities Through the Federal Government"" and ""Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation."""
214,215,1,6/4/2019,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,Photochemical Assessment Monitoring Station Program Requirements,Photochemical Assessment Monitoring Station Program Requirements,12/17/2014,https://www.federalregister.gov/documents/2014/12/17/2014-28674/national-ambient-air-quality-standards-for-ozone,,obama,progress,10/26/2015,https://www.federalregister.gov/documents/2015/10/26/2015-26594/national-ambient-air-quality-standards-for-ozone,,obama,progress,12/28/2015,,,obama,progress,A rule setting standards for the air quality monitoring stations.,"The Environmental Protection Agency's (EPA) Photochemical Assessment Monitoring Stations (PAMS) are air monitoring sites started in the 1990s to meet the requirements of the Clean Air Act. The data from these sites are used to understand ozone pollution trends and monitor air quality. On December 17, 2014, EPA proposed significant revisions to PAMS requirements as part of the Ozone National Ambient Air Quality Standards review, which were finalized October 26, 2015 and effective December 28, 2015. These 2015 PAMS revisions modified monitoring seasons, performance requirements, procedures, and the required PAMS locations. Although the revisions reduced the number of required sites from 75 to 43, the revisions required 27 new sites, and existing sites would have to update their equipment to comply with other requirements. States are required to comply with the revised PAMS measurements by June 1, 2019.",,,
215,214,2,6/4/2019,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,Photochemical Assessment Monitoring Station Program Requirements,Delay,5/31/2019,https://www.federalregister.gov/documents/2019/05/31/2019-11406/extension-of-start-date-for-revised-photochemical-assessment-monitoring-stations,,trump,progress,,,,,,,,,,,"A rule extending the compliance date of the 2015 PAMS requirements to June 1, 2021.","On May 31, 2019, EPA proposed to extend the compliance date of the 2015 PAMS requirements from June 1, 2019 to June 1, 2021. This action is expected to be an E.O. 13771 deregulatory action.",,,
216,,,6/11/2019,In rulemaking,,,,,Transportation,DoT,Department of Transportation,,Check pilot medical certificates,6/3/2019,https://www.federalregister.gov/documents/2019/06/03/2019-11086/removal-of-check-pilot-medical-certificate-requirement,,trump,progress,,,,,,,,,,,A rule removing medical certificate requirement for check pilots and flight instructors to make the regulatory text consistent.,"Check pilots are airpeople approved by the Federal Aviation Administration(FAA) to evaluate and certify the knowledge and skills of other flightcrew members. Currently, there are inconsistencies in the regulatory text regarding check pilots and flight instructors and whether they are required to hold a medical certificate under certain circumstances. On June 3, 2019, FAA proposed a rule attempting to address these inconsistencies. It would allow check pilots and flight instructors to continue to perform their functions without a medical certificate, unless they are serving as required flightcrew members. It would also remove the medical certificate requirement for check pilots in commuter and on demand operations (definitions of operations here) who perform their functions in aircraft and are not serving as required flightcrew members. The proposed rule is expected to be an E.O. 13771 deregulatory action.",,,
217,,,6/11/2019,In rulemaking,,,,,Financial,SBA,Small Business Administration,,Surety Bond Guarantee Program,6/3/2019,https://www.federalregister.gov/documents/2019/06/03/2019-11509/streamlining-surety-bond-guarantee-program,,trump,progress,,,,,,,,,,,A rule streamlining the U.S. Small Business Administration's Surety Bond Guarantee Program.,"Under the Surety Bond Guarantee Program, the U.S. Small Business Administration (SBA) guarantees bid, payment, and performance bonds for small and emerging contractors who cannot obtain surety bonds through regular commercial channels. On June 3, 2019, SBA published an advance notice of proposed rulemaking soliciting comments identifying which regulations should be repealed, replaced, or modified because they are obsolete, unnecessary, ineffective, or burdensome.",,,
218,,,6/11/2019,In rulemaking,,,,,"Agriculture
Environmental",USDA,U.S. Department of Agriculture,,Movement of genetically engineered organisms,6/6/2019,https://www.federalregister.gov/documents/2019/06/06/2019-11704/movement-of-certain-genetically-engineered-organisms,,trump,progress,,,,,,,,,,,"A rule modernizing regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms.","On June 6, 2019, U.S. Department of Agriculture (USDA) proposed to revise rules regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms in response to advances in genetic engineering. The rule is intended to reduce the regulatory burden for developers that are unlikely to pose plant pest risks. The proposed rule is expected to be an E.O. 13771 deregulatory action, and would be the first comprehensive revision of these regulations since 1987.",,,
219,,,6/27/2019,In effect,,,,,Environmental,DoI,Department of the Interior,,Controlling Canada goose populations,4/25/2018,https://www.federalregister.gov/documents/2018/04/25/2018-08500/migratory-bird-permits-regulations-for-managing-resident-canada-goose-populations,,trump,progress,6/20/2019,https://www.federalregister.gov/documents/2019/06/20/2019-13097/migratory-bird-permits-regulations-for-managing-resident-canada-goose-populations,,tump,progress,7/22/2019,https://www.federalregister.gov/documents/2019/06/20/2019-13097/migratory-bird-permits-regulations-for-managing-resident-canada-goose-populations,,trump,progress,A rule allowing the destruction of Canada goose nests and eggs at any time of the year.,"In 2005, the Fish and Wildlife Service (FWS) published a final environmental impact statement documenting that resident Canada goose population levels ""are increasingly coming into conflict with people and causing personal and public property damage."" FWS has since implemented a series of actions addressing this issue, including depredation and control orders that allow authorized personnel to destroy nests and eggs between March 1 and June 30. However, some geese initiate nests in February, particularly in the southern United States, and FWS expects nest initiation dates and egg hatchings will begin earlier over time. On April 25, 2018, FWS proposed a rule to allow the destruction of geese nests and eggs at any time of the year. It was finalized June 20, 2019 and is effective July 22. It is an E.O. 13771 deregulatory action.",,,
220,,,6/27/2019,In effect,,,,,"Health
Labor","IRS, DoL, HHS","Internal Revenue Service, Department of Labor, Department of Health and Human Services",,Expanding use of pre-tax accounts for health insurance,10/29/2018,https://www.federalregister.gov/documents/2018/10/29/2018-23183/health-reimbursement-arrangements-and-other-account-based-group-health-plans,,trump,progress,6/20/2019,https://www.federalregister.gov/documents/2019/06/20/2019-12571/health-reimbursement-arrangements-and-other-account-based-group-health-plans,,trump,progress,8/9/2019,https://www.federalregister.gov/documents/2019/06/20/2019-12571/health-reimbursement-arrangements-and-other-account-based-group-health-plans,,trump,progress,"A rule enabling employees to use health reimbursement arrangements to buy individual coverage, with certain restrictions.","An account-based group health plan is an employer-provided group health plan that reimburses medical expenses. A health reimbursement arrangement (HRA) is a type of account-based group health plan that is funded solely by employer contributions. Previously, HRAs could not used to buy individual insurance premiums.
On October 2017, President trumpissued Executive Order 13813, directing the Departments ""to consider proposing regulations or revising guidance...to increase the usability of HRAs, to expand employers' ability to offer HRAs to their employees, and to allow HRAs to be used in conjunction with nongroup coverage."" In response to the order, the Internal Revenue Service, the Department of Labor, and Health and Human Services Department (Departments) published a notice of proposed rulemaking on October 29, 2018. Under the rule, employees can use HRAs (and various other account-based group health plans) to buy individual coverage, with certain restrictions, starting January 2020. Additionally, some workers can use HRAs for non-ACA-compliant plans. Critics say that the rule may encourage employers to drop coverage and opt for HRAs, and that it would shift people into the individual insurance market and increase participation in non-ACA-compliant plans. Proponents claim that the changes would provide small businesses with more healthcare options. The rule was finalized June 20, 2019, and is effective August 19, 2019. It is an E.O. 13771 deregulatory action.",,,
221,,,6/27/2019,In rulemaking,,,,,Agriculture,USDA,U.S. Department of Agriculture,,SNAP retailer food stock requirements,4/5/2019,https://www.federalregister.gov/documents/2019/04/05/2019-06597/providing-regulatory-flexibility-for-retailers-in-the-supplemental-nutrition-assistance-program-snap,,trump,progress,,,,,,,,,,,A rule expanding options in meeting staple food stock requirements for SNAP retailers.,"In order for a store to be eligible to participate in the Supplemental Nutrition Assistance Program (SNAP), it must either satisfy criteria pertaining to staple food stock (""Criterion A"") or staple food sales (""Criterion B""); these rules were established in January 2001. To meet Criterion A, stores had carry at least three varieties of staple foods in each of the four staple food categories (meat, poultry or fish; dairy products; bread or cereals; and vegetables or fruits), as well as at least one perishable variety in at least two staple food categories. On December 15, 2016, The U.S. Department of Agriculture (USDA) finalized a rule to increase the number of required varieties in each staple food category, and to increase the number of staple categories that are required to carry perishable items; the rule also clarified the definition of ""variety"" for each of the staple food categories. But the Consolidated Appropriations Act of 2017 and 2018 had provisions that prohibited USDA from implementing the 2016 rule.
On April 5, 2019, USDA proposed to expand the definition of the term ""variety"" so that it would provide retailers with more options in meeting Criterion A. For instance, under the 2016 rule, ""variety"" in the meat, poultry, or fish category was generally defined by product kind or the main ingredient. Thus, canned and frozen chicken were not considered distinct varieties. Under the new rule, products that are perishable (includes frozen) versus shelf-stable (includes canned) would be considered distinct varieties. The rule is expected to be an EO 13771 deregulatory action. USDA reopened the comment period on June 14, 2019. ",,,
222,,,7/9/2019,In effect,,,,,Transportation,DHS,Department of Homeland Security,,Mariner radar observer endorsement,6/11/2018,https://www.federalregister.gov/documents/2019/06/07/2019-11905/amendments-to-the-marine-radar-observer-refresher-training-regulations,,trump,progress,6/7/2019,https://www.federalregister.gov/documents/2019/06/07/2019-11905/amendments-to-the-marine-radar-observer-refresher-training-regulations,,trump,progress,7/22/2019,https://www.federalregister.gov/documents/2019/06/07/2019-11905/amendments-to-the-marine-radar-observer-refresher-training-regulations,,trump,progress,A rule removing course refresher requirements for the renewal of the radar observer endorsement for certain mariners.,"All crewmembers of large U.S. ships and certain other vessels are required to have a Merchant Mariner Credential (MMC), which can have additional endorsements to perform other tasks. Previously, 46 CFR 11.480 required that a mariner with a radar observer endorsement complete a Coast Guard-approved or accepted refresher or re-certification course every 5 years to maintain a valid radar observer endorsement on his or her MMC.
On June 11, 2018, the Coast Guard published a notice of proposed rulemaking to revise its merchant mariner credentialing regulations to remove obsolete portions and to harmonize the radar observer endorsement with the merchant mariner credential. The rule was finalized June 7, 2019. Mariners who have served on radar-equipped vessels in a position that routinely uses radar for 1 year in the previous 5 years for navigation and collision avoidance purposes, and mariners who have taught a Coast Guard-approved or accepted radar course at least twice within the past 5 years, will no longer be required to complete the radar refresher or recertification course in renewing their radar observer endorsements. It is an EO 13771 deregulatory action.",,,
223,,,7/9/2019,In effect,,,,,Health,OPM,Office of Personnel Management,,Federal employee dental and vision insurance program eligibility,11/19/2018,https://www.federalregister.gov/documents/2018/11/19/2018-25114/federal-employees-dental-and-vision-insurance-program-extension-of-eligibility-to-certain,,trump,progress,6/7/2019,https://www.federalregister.gov/documents/2019/06/07/2019-11939/federal-employees-dental-and-vision-insurance-program-extension-of-eligibility-to-certain,,trump,progress,6/7/2018,https://www.federalregister.gov/documents/2019/06/07/2019-11939/federal-employees-dental-and-vision-insurance-program-extension-of-eligibility-to-certain,,trump,progress,A rule expanding the number of individuals eligible for the Federal Employees Dental and Vision Insurance Program.,"The Office of Personnel Management (OPM) is finalizing an interim final rule that expanded eligibility for enrollment in the Federal Employees Dental and Vision Insurance Program (FEDVIP) to additional groups. TRICARE Retiree Dental Program (TRDP) beneficiaries currently have one option for dental coverage or can seek coverage in the private dental insurance market. Vision coverage is a new government-offered benefit for this population. Eligibility to enroll in FEDVIP provides more coverage options for these individuals than are currently available to them. The rule expands the number of individuals who are potentially eligible for this FEDVIP. This final rule is considered an E.O. 13771 deregulatory action and is effective June 7, 2019. This rule is a deregulatory action because it offers more dental coverage options and new vision coverage in FEDVIP for TRICARE-eligible individuals.",,,
224,,,12/30/2019,In effect,,,,,Other,DoI,Department of the Interior,,Tribal Energy Resource Agreements,7/2/2019,https://www.federalregister.gov/documents/2019/07/02/2019-13265/tribal-energy-resource-agreements,,trump,progress,12/18/2019,https://www.federalregister.gov/documents/2019/12/18/2019-27399/tribal-energy-resource-agreements,,trump,progress,12/18/2019,https://www.federalregister.gov/documents/2019/12/18/2019-27399/tribal-energy-resource-agreements,,trump,progress,A rule loosening the requirements for Tribal Energy Resource Agreements.,"Tribal Energy Resource Agreements (TERA) allow Tribes to enter into leases, business agreements, and rights-of-way for energy resource development on Tribal land without the Secretary's review or approval. The Bureau of Indian Affairs (BIA) proposed a rule to amend its regulations governing TERAs between Native Tribes and the Secretary of the Interior. On June 17, 2019, BIA proposed a rule to delete several TERA application items and required provisions, addressing the changes put forth in the Indian Tribal Energy Development and Self Determination Act Amendments of 2017. The rule is expected to be a E.O. 13771 action as the updates will reduce the requirements and annual burden hours imposed on Tribes seeking to enter into a TERA.
This rule was finalized on December 18, 2019, effective immediately.",,,
225,,,7/17/2019,In rulemaking,,,,,Labor,IRS,Internal Revenue Service,,Multiple Employer Plans: One Bad Apple Rule,7/3/2019,https://www.federalregister.gov/documents/2019/07/03/2019-14123/multiple-employer-plans,,trump,progress,,,,,,,,,,,"A rule creating exceptions for multiple employer plans from the ""one bad apple rule.""","A multiple employer plan (MEP) is a single defined contribution retirement plan that can be shared by a group of employers. Currently, all employers participating in an MEP are treated as a single employer. Consequently, any employer's failure to comply with the qualified plan rules can jeopardize the entire MEP's tax-qualified status. This is known as the ""one bad apple rule"" or the ""unified plan rule.""
On July 3, 2019, the Internal Revenue Service (IRS) promulgated a notice of proposed rulemaking (NPRM) that would allow an MEP to claim an exception from the bad apple rule if certain conditions are met, such as the disqualifying employer being unable or unwilling to correct the situation or provide adequate information needed to determine compliance with a qualification requirement. In addition to being an expected E.O. 13771 action, this NPRM is also in line with President Trump's Executive Order 13847 titled ""Strengthening Retirement Security in America."" The comment period for this NPRM will be open until October 1, 2019.",,,
226,,,7/17/2019,In rulemaking,,,,,Transportation,DoT,Department of Transportation,,Third party driving license administration,7/9/2019,https://www.federalregister.gov/documents/2019/07/09/2019-14225/third-party-commercial-drivers-license-testers,,trump,progress,,,,,,,,,,,A rule permitting states to remove a third party commercial-driving-license skills test restriction.,"A ""third party skills test examiner"" is a person employed by a third party who is authorized by the State to administer the commercial driving license (CDL) skills test. Currently, a third party instructor who trained an applicant cannot administer the CDL test to the same applicant. The Federal Motor Carrier Safety Administration (FMCSA) adopted this provision ""to reduce both the opportunity for fraud and unintended bias in skills testing."" On 9 July, 2019, FMCSA promulgated a notice of proposed rulemaking (NPRM), proposing to remove this restriction and permit States to allow this practice at their discretion. FMCSA expects this to ""alleviate CDL skill testing delays and reduce inconvenience and cost for third party testers and CDL applicants."" The is expected to be an E.O. 13771 deregulatory action.The comment period for this NPRM will be open until September 9, 2019.",,,
227,,,3/26/2020,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,Federal Implementation Plan for managing air emissions,7/15/2019,https://www.federalregister.gov/documents/2019/07/15/2019-14885/amendments-to-federal-implementation-plan-for-managing-air-emissions-from-true-minor-sources-in,,trump,progress,3/19/2020,https://www.federalregister.gov/documents/2020/03/19/2020-05203/amendments-to-federal-implementation-plan-for-managing-air-emissions-from-true-minor-sources-in,,trump,progress,5/18/2020,https://www.federalregister.gov/documents/2020/03/19/2020-05203/amendments-to-federal-implementation-plan-for-managing-air-emissions-from-true-minor-sources-in,,trump,progress,A rule streamlining the pre-construction approval process for certain sources in Indian Country.,"The Minor New Source Review (NSR) Program is a federal program for pollutants from stationary sources that do not require Prevention of Significant Deterioration (PSD) or nonattainment NSR permits. A ""true minor source"" is a source that emits NSR pollutants in amounts less than its major source thresholds, but equal to or greater than the minor NSR thresholds. On July 15, 2019, the Environmental Protection Agency (EPA) proposed to amend the Federal NSR program in Indian Country and the Federal Implementation Plan (FIP) for true minor sources in Indian Country for Oil and Natural Gas Production (National O&NG FIP).
Currently, sources complying with the National O&NG FIP must submit a Part 1 Form, containing specified information, at least 30 days prior to beginning construction. Additionally, sources must also fulfil requirements concerning potential impacts to protected sources, which include an assessment of potential impacts requiring approval by EPA. This must occur prior to the Part 1 form submission, which might cause delays in the process. The proposed rule amends these requirements, allowing for concurrent submission of these requirements, rather than a sequential one. EPA seeks to streamline the pre-construction process through this rule and it believes that this action will "" not have potential disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations."" This rule is effective May 18, 2020.",,,
228,229,1,7/24/2019,In rulemaking,,,,,Health,CMS,Centers for Medicare and Medicaid Services,State Requirements for Medicaid Beneficiary Access to Care,State requirements for Medicaid beneficiary access,5/6/2011,,,obama,progress,11/2/2015,https://www.federalregister.gov/documents/2015/11/02/2015-27697/medicaid-program-methods-for-assuring-access-to-covered-medicaid-services,,obama,progress,1/4/2016,https://www.federalregister.gov/documents/2015/11/02/2015-27697/medicaid-program-methods-for-assuring-access-to-covered-medicaid-services,,obama,progress,A rule requiring states to document whether Medicaid payments are enough to enlist providers to ensure sufficient access to care.,"On May 6, 2011, the Centers for Medicare and Medicaid Services (CMS) proposed a rule requiring States to document whether Medicaid payments in fee-for-service systems are sufficient to enlist enough provides to ensure satisfactory access to care by beneficiaries. This required States to analyze data on enrollee needs and availability of care and present conclusions in an Access Monitoring Review Plan (AMRP) at least once every three years, addressing a variety of services including primary care, physician specialty and mental health services. This rule was finalized on November 2, 2015, and went into effect on January 4, 2016.",,,
229,228,2,7/24/2019,In rulemaking,,,,,Health,CMS,Centers for Medicare and Medicaid Services,State Requirements for Medicaid Beneficiary Access to Care,Rescission,7/15/2019,https://www.federalregister.gov/documents/2019/07/15/2019-14943/medicaid-program-methods-for-assuring-access-to-covered-medicaid-services-rescission,,trump,progress,,,,,,,,,,,A rule rescinding Obama-era rule requiring states to document whether Medicaid payments are enough to ensure sufficient access to care.,"On July 15, 2019, the Centers for Medicare and Medicaid Services (CMS) proposed rescission of the regulatory text from the 2015 Obama-era rule requiring states to document whether Medicaid payments are sufficient to enlist enough providers to ensure satisfactory access to care. CMS argued that this rule imposed ""complex administrative burdens on States without meaningful impact to beneficiaries,"" and that states had expressed concerns about these burdens. CMS also said that the cost savings from the proposed rescission could be used to better serve the needs of beneficiaries.",,,
230,,,7/24/2019,In effect,Y,,,,"Immigration
Children, Youth, and Families",DHS,Department of Homeland Security,,Designating undocumented immigrants for expedited removal,,,,,,7/23/2019,https://www.federalregister.gov/documents/2019/07/23/2019-15710/designating-aliens-for-expedited-removal,,trump,progress,7/23/2019,https://www.federalregister.gov/documents/2019/07/23/2019-15710/designating-aliens-for-expedited-removal,,trump,progress,A rule enabling the Department of Homeland Security to expedite removal of undocumented immigrants.,"On July 23, 2019, The Department of Homeland Security (DHS) implemented a rule designating expedited removal of the following categories of undocumented immigrants not previously designated: (1) aliens who did not arrive by sea, who are encountered anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are encountered within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years.
Previously, immigration officers could not apply expedited removal to undocumented immigrants encountered anywhere in the United States--only those encountered within 100 miles of a land border--provided the other conditions for expedited removal were satisfied. The Secretary of Homeland Security has exercised his discretion under the Immigration and Nationality Act (INA) to permit the use of expedited removal, and the designation in this Notice (the New Designation) harmonizes the authorization for undocumented immigrants arriving by land with the existing authorization for undocumented immigrants arriving by sea.
This notice is immediately effective in keeping with the practice followed in announcing the previous designations and consistent with implementing regulations at 8 CFR 235.3(b)(1)(ii), this designation is effective without prior notice and comment or a delayed effective date. DHS is concerned that delayed implementation could lead to a surge in migration across the southern border during a notice-and-comment period, and contends that the effect will reduce government costs by facilitating prompt immigration determinations.",,,
231,,,7/24/2019,In effect,,,,,Transportation,FAA,Federal Aviation Administration,,Revision to aircraft ADS B-Out equipment and use requirements,,,,,,7/18/2019,https://www.federalregister.gov/documents/2019/07/18/2019-15248/revision-to-automatic-dependent-surveillance-broadcast-ads-b-out-equipment-and-use-requirements,,trump,progress,7/18/2019,https://www.federalregister.gov/documents/2019/07/18/2019-15248/revision-to-automatic-dependent-surveillance-broadcast-ads-b-out-equipment-and-use-requirements,,trump,progress,A rule removing the transmission requirement for sensitive operations conducted by government entities.,"On July 18, 2019, the Federal Aviation Administration (FAA) enacted an interim final rule modifying the requirement that all aircraft equipped with Automatic Dependent Surveillance-Broadcast Out (ADS-B Out) must transmit at all times. ADS-B Out is a surveillance technology that helps transmit information about an aircraft's altitude, speed, and location to ground stations and other equipped aircraft. On October 7, 2007, the FAA published a notice of proposed rulemaking (NPRM) to mandate ADS-B Out. This rulemaking provides an exception to ADS-B requirements, removing the transmission requirement for sensitive operations conducted by Federal, State and local government entities in matters of national defense, homeland security, intelligence and law enforcement. The changes provide relief to those Federal, State and local government agencies that operate aircraft equipped with ADS-B Out but need the ability to terminate the transmission signal when conducting sensitive national defense, homeland security, intelligence and law enforcement missions that could be compromised by transmitting real time identification and positional flight information over ADS-B Out. This rulemaking also allows the FAA to except certain aircraft from operating a transponder or transmitting ADS-B Out, when doing so would jeopardize Air Traffic Control functions. This interim final rule is expected to be an E.O. 13771 deregulatory action.",,,
232,,,8/2/2019,In effect,,,,,Transportation,FAA,Federal Aviation Administration,,Helicopter Operations at locations without weather reporting,4/10/2018,https://www.federalregister.gov/documents/2018/04/10/2018-07296/ifr-operations-at-locations-without-weather-reporting,,trump,progress,7/25/2019,https://www.federalregister.gov/documents/2019/07/25/2019-15840/ifr-operations-at-locations-without-weather-reporting,,trump,progress,8/26/2019,https://www.federalregister.gov/documents/2019/07/25/2019-15840/ifr-operations-at-locations-without-weather-reporting,,trump,progress,A rule allowing helicopter air ambulances to conduct departure and approach procedures at airports and heliports that lack an approved weather reporting source.,"On April 10, 2018, the Federal Aviation Administration (FAA) promulgated a notice of proposed rulemaking (NPRM) that would allow helicopter air ambulance (HAA) operators to conduct departure and approach procedures at airports and heliports that do not have an approved weather reporting source. This includes helicopters that do not have functional severe weather detection equipment and when the corresponding airport or heliport. The NPRM specified that this could occur only when the pilot ""does not expect to encounter severe weather."" This rule was finalized on July 25, 2019 and is effective August 26, 2019. It is an E.O. 13771 deregulatory action.",,,
233,"52,79,127,234",1,1/12/2021,In effect,Y,,,,Environmental,DoI,Department of Interior,Endangered Species Act: Rule Revisions,Endangered Species Act: Rule Revisions,7/25/2018,https://www.federalregister.gov/documents/2018/07/25/2018-15812/endangered-and-threatened-wildlife-and-plants-revision-of-regulations-for-interagency-cooperation,,trump,progress,8/12/2019,https://www.fws.gov/news/ShowNews.cfm?ref=trump-administration-improves-the-implementing-regulations-of-the-&_ID=36443,,trump,progress,,,,,,Set of rule revisions weakening the Endangered Species Act.,"The Endangered Species Act (ESA) provides a framework to conserve endangered or threatened species and their habitats. On July 25, 2017, the Fish and Wildlife Services and National Mariners Fisheries Service (collectively referred to as ""Services"") promulgated a set of three rules weakening the ESA by revising regulations that implement portions of the ESA. These rules were finalized on August 12, 2019, and will go into effect 30 days after publication in the Federal Register. All three rules are deregulatory under E.O. 13771, and as U.S. Secretary of Commerce Wilbur Ross said, ""fit squarely within the President's mandate of easing the regulatory burden on the American public."" The rules are discussed in detail below.",,,
234,"52,79,127,233",5,1/12/2021,In rulemaking,,,,,Environmental,DoI,Department of Interior,Endangered Species Act: Rule Revisions,"Definition of ""habitat"" under the Endangered Species Act",8/5/2020,https://www.federalregister.gov/documents/2020/08/05/2020-17002/endangered-and-threatened-wildlife-and-plants-regulations-for-listing-endangered-and-threatened,,trump,progress,,,,,,,,,,,"A rule defining the term ""habitat"" for the first time under the Endangered Species Act.","On August 5, 2020, the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) proposed to add a definition of ""habitat"" to regulations implementing the Endangered Species Act (ESA). The designation of ""critical habitats"" allows agencies to conserve species. FWS and NOAA argue that while ESA defines ""critical habitat,"" it does not define the broader term, ""habitat,"" subsequently proposing the following definition: ""The physical places that individuals of a species depend upon to carry out one or more life processes. Habitat includes areas with existing attributes that have the capacity to support individuals of the species."" The Services also proposed an alternative definition. They note, based on a 2018 Supreme Court ruling, that for an area to be considered a critical habitat, it needs to first be considered a habitat. Environmental groups note that this rule would preclude the setting aside of lands that are currently not considered as habitats but might be needed in the future as the climate changes. The rule was finalized on December 18, 2020 and is effective January 19, 2021.",,,
235,,,8/14/2019,In rulemaking,,,,,Labor,DoL,Department of Labor,,H-2A Temporary Agricultural Employment,7/26/2019,https://www.federalregister.gov/documents/2019/07/26/2019-15307/temporary-agricultural-employment-of-h-2a-nonimmigrants-in-the-united-states,,trump,progress,,,,,,,,,,,A rule streamlining the application process for temporary agricultural employment of H-2A nonimmigrants.,"On July 26, 2019, the Department of Labor (DoL) proposed a rule to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment. The H-2A nonimmigrant worker visa program enables United States agricultural employers to employ foreign workers on a temporary basis where the Secretary of Labor certifies that (1) there are not sufficient U.S. workers who are able, willing, and qualified, and who will be available at the time and place needed to perform the labor or services involved in the petition; and (2) the employment of foreign workers in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
Since 1987, DoL has operated the H-2A program under regulations promulgated pursuant to the Immigration and Nationality Act, and the DoL's current regulations governing the H-2A program were published in 2010. The new rule proposes to: (1) require electronic filing of Applications for Temporary Employment Certification and job orders for most employers, (2) use electronic methods to comply with signature requirements , and (3) adjust the methodology used to establish the required wage rate. This is expected to be an E.O. 13771 deregulatory action, and DoL will be accepting comments for this rule until September 24, 2019.",,,
236,,,9/11/2019,In effect,,,,,Other,FSIS,Food Safety and Inspection Service,,Preparation of Uninspected Products,7/31/2018,https://www.federalregister.gov/documents/2018/07/31/2018-16339/preparation-of-uninspected-products-outside-of-the-hours-of-inspectional-supervision,,trump,progress,8/14/2019,https://docs.google.com/document/d/1_1M5ukUeb4IZ5XXSm5r-iKS6iIwrWbtW6GQw7wlWkvY/edit,,trump,progress,10/15/2019,https://docs.google.com/document/d/1_1M5ukUeb4IZ5XXSm5r-iKS6iIwrWbtW6GQw7wlWkvY/edit,,trump,progress,A rule loosening the inspection and manufacture of inedible products.,"On August 14, 2019, the Food Safety and Inspection Service (FSIS) introduced a final rule to amend inspection regulations for meat and poultry products. FSIS proposed this rule on July 31, 2018 to eliminate the perspective regulatory requirements of 9 CFR 318.12 which governs the manufacture of uninspected, inedible products such as pet food. The rule permits official establishments to manufacture such products outside the hours of inspection. This final rule is an E.O. 13771 deregulatory action.",,,
237,,,9/11/2019,In rulemaking,,,,,Transportation,DoT,Department of Transportation,,Hazardous Materials: Adoption of Miscellaneous Petitions,8/14/2019,https://www.federalregister.gov/documents/2019/08/14/2019-16675/hazardous-materials-adoption-of-miscellaneous-petitions-to-reduce-regulatory-burdens,,trump,progress,,,,,,,,,,,A rule amending the Hazardous Materials Regulations (HMR).,"The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed a rule on August 14 responding to numerous petitions for rulemaking from shippers, carriers, manufacturers, and other related industries. The proposed amendments include adopting a phase-out schedule for certain railroad tank cars used to transport materials poisonous by inhalation; allowing the continued use of certain portable and mobile refrigerator systems commonly used in the produce industry; incorporating an industry standard that can help to enhance the production of oil and gas wells; and incorporating an updated consensus standard which applies to the existing market for fireworks; as well as additional proposed amendments derived from PHMSA's petition for rulemaking process. The proposed rule is expected to be an E.O. 13771 deregulatory action.",,,
238,354,1,9/11/2019,In rulemaking,,,,Rulemaking - Overturning and replacing Trump,"Housing
Children, Youth, and Families",HUD,Department of Housing and Urban Development,,Implementation of the Fair Housing Act,8/19/2019,https://www.federalregister.gov/documents/2019/08/19/2019-17542/huds-implementation-of-the-fair-housing-acts-disparate-impact-standard,,trump,progress,9/24/2020,https://www.federalregister.gov/documents/2020/09/24/2020-19887/huds-implementation-of-the-fair-housing-acts-disparate-impact-standard,,trump,progress,10/26/2020,https://www.clearinghouse.net/chDocs/public/FH-MA-0007-0002.pdf,Court-Block,court,block,A Trump-era rule loosening HUD's current discriminatory effects standard.,"Title VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin. The Department of Housing and Urban Development (HUD) has long interpreted the Act to hold parties accountable for practices with an unjustified discriminatory effect.","On August 19, 2019, The Office of the Assistant Secretary for Fair Housing and Equal Opportunity proposed a rule to amend HUD's interpretation of the Fair Housing Act's disparate impact standard. This rule was not finalized and the Biden administration has proposed a new rule to supersede it (below).","On September 28, 2020, the Massachusetts Fair Housing Center and Housing Works, Inc. challenged HUD’s rule in the US District Court for the District of Massachusetts. The district court granted a preliminary injunction against the rule on October 25, 2020.",
239,,,9/11/2019,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,Solid Waste Landfills,8/30/2018,https://www.federalregister.gov/documents/2018/10/30/2018-23700/adopting-subpart-ba-requirements-in-emission-guidelines-for-municipal-solid-waste-landfills,,trump,progress,8/26/2019,https://www.federalregister.gov/documents/2019/08/26/2019-18233/adopting-requirements-in-emission-guidelines-for-municipal-solid-waste-landfills,,trump,progress,9/6/2019,https://www.federalregister.gov/documents/2019/08/26/2019-18233/adopting-requirements-in-emission-guidelines-for-municipal-solid-waste-landfills,,trump,progress,A rule amending the guidelines for municipal solid waste landfills.,"On August 26, 2019, the Environmental Protection Agency (EPA) finalized a rule to amend the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills (MSW Landfills EG). The general requirements for state and federal plans implementing emission guidelines (EG) are referred to as implementing regulations, which are cross-referenced in the MSW Landfills EG. On August 29, 2016, the EPA promulgated a new EG at 40 CFR part 60 that updated the control requirements and monitoring, reporting, and recordkeeping provisions for existing municipal solid waste landfill sources; on October 30, 2018, the EPA published a proposed rule in the Federal Register that proposed to adopt the timing requirements of the proposed new implementing regulations in the MSW Landfills EG. The final rule is effective September 6, 2019 and is considered an Executive Order 13771 deregulatory action.","According to the proposed rule, an unjustified discriminatory effect is established according to the following burdens of proof: (1) The charging party or the plaintiff has the burden of proving that a challenged practice caused, or predictably will cause, a discriminatory effect; (2) the respondent or defendant then has the burden of proving that the challenged practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory interests of the respondent or defendant; and (3) if the respondent or defendant satisfies the burden of proof, the charging party or plaintiff may still prevail upon proving that the substantial, legitimate, nondiscriminatory interests supporting the challenged practice could be served by another practice that has a less discriminatory effect.","On October 25, 2020, the US District Court of Massachusetts issued a stay as a result of a lawsuit brought by the Massachusetts Fair Housing Center and Housing Works, Inc. against HUD to stop this rule from going into effect. This prevented HUD from implementing the aforementioned restrictions on challenging discriminatory practices and policies.",
240,,,11/12/2019,In effect,,,,,Labor,DoL,Department of Labor,,H-2A Recruitment Requirements,11/9/2018,https://www.federalregister.gov/documents/2018/11/09/2018-24497/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2a-foreign-workers-in-the,,trump,progress,9/20/2019,https://www.federalregister.gov/documents/2019/09/20/2019-19674/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2a-foreign-workers-in-the,,trump,progress,10/21/2019,https://www.federalregister.gov/documents/2019/09/20/2019-19674/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2a-foreign-workers-in-the,,trump,progress,A rule amending the recruitment standards for H-2A Foreign Workers.,"On September 20, 2019 the Department of Labor (DoL) announced amendments to its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers). The Immigration and Nationality Act (INA), established an H-2A nonimmigrant visa classification for a worker ""having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services . . . of a temporary or seasonal nature.""
This requires a prospective employer of H-2A workers to apply for a certification from the Secretary of Labor showing that there are not sufficient able, willing, and qualified U.S. workers available to fill the petitioning employer's job opportunity, and that the employment of H-2A workers in that job opportunity will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. The DoL claims this final rule modernizes and improves the labor market test that it uses to assess whether able, willing, and qualified U.S. workers are available by: rescinding the requirement that an employer advertise its job opportunity in a print newspaper of general circulation in the area of intended employment; expanding and enhancing DoL's electronic job registry; and leveraging the expertise and existing outreach activities of State Workforce Agencies to promote agricultural job opportunities.This rule is effective October 21, 2019 and is considered an Executive Order 13771.",,,
241,,,11/12/2019,In rulemaking,,,,,"Children, Youth, and Families
Immigration",DHS,Department of Homeland Security,,Asylum Applicant Form Processing,9/9/2019,A rule lengthening the 30 day decision period for asylum employment applications.,,trump,progress,,,,,,,,,,,A rule lengthening the 30 day decision period for asylum employment applications.,"On Sept. 9 2019, The Department of Homeland Security (DHS) proposed a rule to remove a regulatory provision that states U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization (EAD application) to grant or deny that initial employment authorization application. The rule also proposes to remove the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. Written comments and related material may be submitted on or before November 8, 2019.",,,
242,,,11/12/2019,In effect,,,,,Other,FWS,Fish and Wildlife Service,,Hunting and Sport Fishing Regulations,6/26/2019,https://www.federalregister.gov/documents/2019/06/26/2019-11443/2019-2020-station-specific-hunting-and-sport-fishing-regulations,,trump,progress,9/10/2019,https://www.federalregister.gov/documents/2019/09/10/2019-18054/2019-2020-station-specific-hunting-and-sport-fishing-regulations,,trump,progress,8/29/2019,https://www.federalregister.gov/documents/2019/09/10/2019-18054/2019-2020-station-specific-hunting-and-sport-fishing-regulations,,trump,progress,A rule opening National Wildlife Refuges to hunting and fishing.,"The U.S. Fish and Wildlife Service (Service) promulgated a rule on September 10, 2019 to open seven National Wildlife Refuges (NWRs) that were currently closed to hunting and sport fishing. In addition, the Service expanded hunting and sport fishing at 70 other NWRs, and added pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2019-2020 season. The service also formally opened 15 units of the National Fish Hatchery System to hunting and sport fishing for the 2019-2020 season. This rule includes global administrative updates to every NWR entry in the refuge-specific regulations and the reorganization of general public use regulations.This rule is effective as of August 29, 2019.",,,
243,,,11/12/2019,In effect,,,,,"Transportation
Labor","FMCSA, DOT","Federal Motor Carrier Safety Administration, Department of Transportation",,Motor Carrier Hours of Service,9/12/2019,https://www.federalregister.gov/documents/2019/09/12/2019-19648/hours-of-service-of-drivers-restart-provisions,,trump,progress,9/12/2019,https://www.federalregister.gov/documents/2019/09/12/2019-19648/hours-of-service-of-drivers-restart-provisions,,trump,progress,9/12/2019,https://www.federalregister.gov/documents/2019/09/12/2019-19648/hours-of-service-of-drivers-restart-provisions,,trump,progress,A rule amending the hours of service requirements for property-carrying commercial motor vehicles.,"A rule amending the hours of service requirements for property-carrying commercial motor vehicles.
The Federal Motor Carrier Safety Administration (FMCSA) has amended its hours-of-service (HOS) requirements for drivers of property-carrying commercial motor vehicles (CMVs). On September 12, 2019 FMCSA promulgated a rule to remove provisions requiring that a 34-hour restart include two periods between 1:00 AM and 5:00 AM and limiting the use of a restart to once every 168 hours.
In a series of Appropriations Acts, Congress suspended these provisions, pending completion of a naturalistic study comparing the effects of the restart provisions in effect under the 2011 hours of service rule versus provisions in effect prior to the 2011 rule's compliance date. This rule is an E.O. 13771 deregulatory action.",,,
244,,,12/19/2019,In effect,,,,,"Transportation
Environmental","DoT, FTA","Department of Transportation, Federal Transit Administration",,Rescinding the Clean Fuels Grant Program,,,,,,10/21/2019,https://www.federalregister.gov/documents/2019/10/21/2019-22859/clean-fuels-grant-program,,trump,progress,10/21/2019,https://www.federalregister.gov/documents/2019/10/21/2019-22859/clean-fuels-grant-program,,trump,progress,A rule rescinding implementation of the Clean Fuels Grants Program.,"The Clean Fuels Grant Program (United States Code Section 5308) required the Federal Transit Administration (FTA) to establish a new grant program to assist nonattainment and maintenance areas in achieving or maintaining air quality attainment status, support emerging clean fuel and advanced propulsion technologies for transit buses, and create markets for these technologies. Section 20002 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) repealed section 5308, effectively ending the Clean Fuels Grant Program.
On October 21, 2019 FTA announced a a final rule to rescind 49 CFR part 624, formally ending the Clean Fuels Grant Program. The final rule is considered an E.O. 13771 deregulatory action and is effective October 21, 2019.",,,
245,,,12/19/2019,In effect,,,,,Health,HHS,Health and Human Services Department,,Standard Unique Health Plan Identifier,12/19/2018,https://www.federalregister.gov/documents/2018/12/19/2018-27435/administrative-simplification-rescinding-the-adoption-of-the-standard-unique-health-plan-identifier,,trump,progress,10/28/2019,https://www.federalregister.gov/documents/2019/10/28/2019-23507/administrative-simplification-rescinding-the-adoption-of-the-standard-unique-health-plan-identifier,,trump,progress,12/27/2019,https://www.federalregister.gov/documents/2019/10/28/2019-23507/administrative-simplification-rescinding-the-adoption-of-the-standard-unique-health-plan-identifier,,trump,progress,A rule rescinding the standard unique health plan identifier (HPID).,"Section 262 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) added section 1173 to the Social Security Act, which required the Secretary of Health and Human Services Department (HHS) to adopt a standard unique health plan identifier. Congress renewed this requirement in section 1104(c)(1) of the Patient Protection and Affordable Care Act. In compliance with the ACA requirement, the Federal Register published a final rule on September 5, 2012 adopting the HPID and an ""other entity identifier"" (the OEID) for an entity that is not a health plan, individual, or health care provider, but that needs to be identified in a HIPAA transaction.
On December 19, 2018 HHS proposed a rule to rescind this standard, and on October 28, 2019 HHS promulgated a final rule rescinding the adopted standard unique health plan identifier (HPID) and the implementation specifications for its use. This final rule also removes the definitions for the ""Controlling health plan"" (CHP) and ""Subhealth plan"" (SHP). This final rule is effective on December 27, 2019 and is an E.O. 13771 deregulatory action.",,,
246,,,11/2/2020,In effect,,,,,Environmental,"DoI, BLM","Department of Interior, The Bureau of Land Management",,Royalty rate reduction for non-energy minerals,10/18/2019,https://www.federalregister.gov/documents/2019/10/18/2019-22535/non-energy-solid-leasable-minerals-royalty-rate-reduction-process,,trump,progress,10/26/2020,https://www.federalregister.gov/documents/2020/10/26/2020-23003/non-energy-solid-leasable-minerals-royalty-rate-reduction-process,,trump,progress,11/25/2020,https://www.federalregister.gov/documents/2020/10/26/2020-23003/non-energy-solid-leasable-minerals-royalty-rate-reduction-process,,trump,progress,A new rule streamlining the royalty rate reduction process for non-energy solid leasable minerals.,"The Bureau of Land Management (BLM) is authorized to lease certain mineral deposits on federal lands, according to the Mineral Leasing Act of 1920 (MLA). Examples of non-energy solid minerals are soda ash, potash, phosphate, sodium, potassium, sulphur, and gilsonite. The Secretary of Interior (Secretary) establishes royalty rates for these minerals. The proposed rule, introduced on October 18, 2019, would streamline the process to reduce rental fees, royalty rates, or minimum production requirements through two channels: 1) streamline the process for producers to seek these reductions, and 2) allow the BLM to pursue the reductions on its own initiative. BLM described the existing regulatory requirements to be ""overly restrictive, inflexible, and burdensome,"" and argued that the proposed rule would allow BLM ""flexibility to respond to changing market dynamics."" This rule primarily pertains to soda ash, among other non-energy minerals, and is expected to save up to $5 million over the next decade. BLM finalized the rule on October 26, 2020. It is considered an EO 13771 deregulatory action.",,,
247,,,12/19/2019,In effect,,,,,"Labor
Immigration",DHS,Department of Homeland Security,,H-2B Recruitment Requirements,11/9/2018,https://www.federalregister.gov/documents/2018/11/09/2018-24498/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2b-foreign-workers-in-the,,trump,progress,11/15/2019,https://www.federalregister.gov/documents/2019/11/15/2019-24832/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2b-foreign-workers-in-the,,trump,progress,12/16/2019,https://www.federalregister.gov/documents/2019/11/15/2019-24832/modernizing-recruitment-requirements-for-the-temporary-employment-of-h-2b-foreign-workers-in-the,,trump,progress,A rule amending the recruitment requirements for H-2B nonimmigrant status workers.,"The Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), establishes the H-2B nonimmigrant visa classification for a nonagricultural temporary worker ""having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform . . . temporary [nonagricultural] service or labor if unemployed persons capable of performing such service or labor cannot be found in this country."" Presently, existing regulations require an employer seeking H-2B temporary labor certification to test the labor market by recruiting U.S. workers for the position(s) in which it intends to employ H-2B workers.
On November 15, 2019, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly issued a final rule to amend the regulations governing DOL's certification of nonagricultural labor performed by temporary foreign workers with H-2B nonimmigrant status. This final rule amends the DOL labor market test to assess whether qualified U.S. workers are available and rescinds the requirement that an employer advertise its job opportunity in a print newspaper of general circulation in the area of intended employment. The rule also expands DOL's electronic job registry to disseminate available job opportunities to the widest audience possible. This final rule is effective December 16, 2019 and considered an E.O. 13371 deregulatory action.",,,
248,,,12/19/2019,In rulemaking,,,,,"Education
Children, Youth, and Families",DoE,Deparment of Education,,Student Assistance General Provisions,6/12/2019,https://www.federalregister.gov/documents/2019/06/12/2019-12371/student-assistance-general-provisions-the-secretarys-recognition-of-accrediting-agencies-the,,trump,progress,11/1/2019,https://www.federalregister.gov/documents/2019/11/01/2019-23129/student-assistance-general-provisions-the-secretarys-recognition-of-accrediting-agencies-the,,trump,progress,7/1/2020,https://www.federalregister.gov/documents/2019/11/01/2019-23129/student-assistance-general-provisions-the-secretarys-recognition-of-accrediting-agencies-the,,trump,progress,A rule amending student assistance programs.,"On November 1, 2019 the Department of Education implemented a final rule amending the regulations governing the recognition of accrediting agencies, certain student assistance general provisions, and institutional eligibility. This rule revised the Department's process for recognition and review of accrediting agencies, clarified the oversight responsibilities of each entity in the regulatory triad (agencies, States, and the Department), and established the roles and responsibilities of institutions and accrediting agencies in the teach-out process. These regulations are effective July 1, 2020 and are considered deregulatory under E.O. 13771.",,,
249,,,12/30/2019,In rulemaking,,,,,Labor,DoL,Department of Labor,,Revisions to Trade Adjustment Assistance for Workers,11/7/2019,https://www.federalregister.gov/documents/2019/11/07/2019-20788/trade-adjustment-assistance-for-workers,,trump,progress,,,,,,,,,,,Revisions to a federal trade adjustment assistance program that helps workers adversely affected by trade.,"The Trade Adjustment Assistance (TAA) program is a federal program to help workers who are adversely affected by international trade. The program offers job training, relocation allowances, income support, and other reemployment services. On November 7, 2019, the Department of Labor (DoL) promulgated a proposed rule revising TAA regulations to expand protection and support for US workers. The proposed revisions are expected to increase efficiency and flexibility for trade-affected workers. Among other things, it would make it easier for workers to qualify for job search and relocation allowances, increase those allowances in line with statute, expand training to include more flexibility for apprenticeships, ensure workers have access to individualized assessments, make it easier for groups of workers to apply for benefits, and offer assistance to additional categories of workers, including by helping workers in jobs threatened by foreign trade to receive training and support to transition to new employment. This rule is expected to save about $600,000 over 10 years, and it is an expected E.O. 13771 deregulatory action.",,,
250,,,6/24/2020,In effect,,,,,Labor,DoL,Department of Labor,,Fluctuating Workweek Method of Computing Overtime,11/5/2019,https://www.federalregister.gov/documents/2019/11/05/2019-23860/fluctuating-workweek-method-of-computing-overtime,,trump,progress,6/8/2020,https://www.federalregister.gov/documents/2020/06/08/2020-10872/fluctuating-workweek-method-of-computing-overtime,,trump,progress,8/7/2020,https://www.federalregister.gov/documents/2020/06/08/2020-10872/fluctuating-workweek-method-of-computing-overtime,,trump,progress,A rule clarifying the permissibility of bonuses and premiums to be included in rate of pay for workers with fluctuating workweeks.,"According to the Fair Labor Standards Act (FLSA), assuming certain conditions, employers may pay a fixed salary to non-exempt workers whose hours fluctuate from week to week. On November 5, 2019, the Department of Labor (DoL) promulgated a notice of proposed rulemaking (NPRM) revising these regulations. The proposed rule clarified that payments in addition to the fixed salary, such as premiums and bonuses, can be included in the calculation of the stated hourly rate of pay (regular rate) of workers. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method of compensation, and that such payments must be included in the regular rate calculation as appropriate under the Act. According to DoL, the rule would ""permit employers who compensate their employees under the fluctuating workweek method to pay employees a wider range of supplemental pay."" This rule is considered E.O. 13771 deregulatory action.",,,
251,,,12/30/2019,In rulemaking,,,,,"Education
Children, Youth, and Families",DoE,Department of Education,,Student Loan Forgiveness for Veterans,,,,,,11/26/2019,https://www.federalregister.gov/documents/2019/11/26/2019-25813/total-and-permanent-disability-discharge-of-loans-under-title-iv-of-the-higher-education-act,,trump,progress,7/1/2020,https://www.federalregister.gov/documents/2019/11/26/2019-25813/total-and-permanent-disability-discharge-of-loans-under-title-iv-of-the-higher-education-act,,trump,progress,A rule streamlining the student loan discharges for disabled veterans.,"On August 21, 2019, President Trump directed the Secretary of Education to more easily discharge student loans for disabled veterans in a manner that is ""quick, efficient, and minimally burdensome."" Accordingly, on November 26, 2019, the Department of Education (DoE) published an interim final rule to amend and update existing loan discharge regulations by removing administrative burdens. According to DoE, these administrative burdens would have prevented at least 20,000 disabled veterans from obtaining student loan discharges. This is expected to generate $0.11 million in annualized savings and is considered an E.O. 13771 deregulatory action. The rule goes into effect on July 1, 2020.",,,
252,,1,12/30/2019,Partially effective,,,,,Environmental,EPA,Environmental Protection Agency,Coal Ash Rule,Coal Ash Rule,6/21/2014,https://www.federalregister.gov/documents/2010/06/21/2010-12286/hazardous-and-solid-waste-management-system-identification-and-listing-of-special-wastes-disposal-of,,obama,progress,4/17/2019,https://www.federalregister.gov/documents/2015/04/17/2015-00257/hazardous-and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric,,obama,progress,10/14/2015,https://www.federalregister.gov/documents/2015/04/17/2015-00257/hazardous-and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric,partially,obama,progress,"A rule regulating the disposal of toxic coal combustion residuals, or coal ash.","Coal ash, also known as coal combustion residuals (CCR), is a toxic substance that remains when coal is burned in power plants. It contains contaminants like mercury, cadmium and arsenic. Without proper management, these pollutants can have serious environmental and health consequences. In response to major coal ash spills in Tennessee and North Carolina, the Environment Protection Agency (EPA) created the Coal Ash Rule to require stricter requirements on coal ash disposal. The final rule, published on April 17, 2015, established requirements for the disposal of coal ash in landfills and surface impoundments.",,,
253,,2,12/30/2019,In effect,,,,,Environmental,EPA,Environmental Protection Agency,Coal Ash Rule,Amendments - Phase One,3/1/2018,https://www.epa.gov/newsreleases/epa-proposes-first-two-rules-amend-coal-ash-disposal-regulations-saving-100m-year,,trump,progress,7/30/2018,https://www.federalregister.gov/documents/2018/07/30/2018-16262/hazardous-and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric,,trump,progress,8/29/2018,https://www.federalregister.gov/documents/2018/07/30/2018-16262/hazardous-and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric,,trump,progress,Phase one amendments weakening the Coal Ash rule regulating the disposal of toxic coal waste.,"On April 15, 2015, the Obama administration finalized the Coal Ash rule (see entry above). In response to petitions filed by both industry and environmental groups, the EPA said it would revise several portions of the Coal Ash Rule, and the D.C. Circuit Court of Appeals issued a partial vacatur on June 14, 2016. On December 16, 2016, President Obama signed the Water Infrastructure for Improvements to the Nation (WIIN) Act, which authorized state and federal agencies to directly regulate coal ash disposal sites, as opposed to relying on citizen suits.
In response, two industry trade groups filed petitions in the D.C. Circuit Court for the EPA to reconsider the Coal Ash Rule, citing the WIIN Act as one of the primary reasons to reconsider. On September 13, 2017, EPA administrator Scott Pruitt sent a letter to the two industry groups, noting his intention for the EPA to reconsider the Coal Ash Rule. On March 1, 2018, Administrator Pruitt announced plans to amend the Coal Ash Rule, by allowing states to ""incorporate flexibilities into their coal ash permit programs."" The first of two expected proposed rules was published in the Federal Register on March 15, 2018. On July 30, 2018, EPA finalized three main revisions to that 2015 rule : 1) Adopting alternative performance standards for certain states, 2) Revising groundwater protection standards for four constituents that do not have an established drinking water standard, and most notably, 3) Extending the deadline for facilities which are triggered into closure by the regulations. This rule was effective from August 29, 2018.",,,
254,,3,12/30/2019,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,Coal Ash Rule,Amendments - Phase Two,8/14/2019,https://www.federalregister.gov/documents/2019/08/14/2019-16916/hazardous-and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric#,,trump,progress,,,,,,,,,,,Phase two amendments weakening the Coal Ash rule regulating the disposal of toxic coal waste.,"On August 14, 2019, EPA proposed the second phase of amendments to the 2015 Coal Ash rule (see entries above). Among other things, the proposed rule modifies the 2015 coal ash rule requirement to demonstrate, for disposal of coal ash exceeding 12,400 tons per site, that the waste would not harm the environment. Instead, EPA would use location-based criteria, requiring companies to demonstrate safety only if they dump coal ash in sensitive locations like wetlands, floodplains or seismic zones. This is expected to be an E.O. 13771 deregulatory action.",,,
255,,4,12/30/2019,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,Coal Ash Rule,Amendments to Coal Ash Impoundment Regulations,12/2/2019,https://www.federalregister.gov/documents/2019/12/02/2019-24927/hazardous-and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric,,trump,progress,,,,,,,,,,,Amendments that implement changes in response to D.C. Circuit decisions.,"On August 21, 2018, the The D.C. Circuit, in Utility Solid Waste Activities Group v. EPA, remanded portions of the 2015 coal ash rule. It held that ""EPA acted arbitrarily and capriciously and contrary to RCRA (Resource Conservation and Recovery Act) in failing to require the closure of unlined surface impoundments, in classifying so-called ""clay-lined"" impoundments as lined, and in exempting inactive surface impoundments at inactive power plants from regulation."" In response to this and the Waterkeeper Alliance Ic. v. EPA ruling, the EPA proposed a rule on December 2, 2019.
The new rule changes the classification of clay-lined impoundments from ""lined"" to ""unlined,"" implying that clay-lined impoundments would have to be retrofitted or closed. Additionally, EPA advanced the deadline from October 31, 2020 to August 31, 2020 for unlined impoundments, now including clay-lined impoundments, to stop accepting coal ash. EPA will receive comments on this rule until January 31, 2020. This is an expected E.O. 13771 deregulatory action.",,,
256,,5,12/30/2019,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,Coal Ash Rule,Coal Ash Rule in Indian Country,12/19/2019,https://www.epa.gov/sites/production/files/2019-12/documents/pre_pub_version_federal_ccr_permitting_program_nprm_rin_2050-ah07_121819_514pm_for_ao_signature.pdf,,trump,progress,,,,,,,,,,,A rule establishing a CCR permit program in Indian country.,"The Water Infrastructure Improvements for the Nation (WIIN) Act signed by President Obama on December 16, 2016 requires the EPA to implement a federal coal combustion residuals (CCR) program in Indian country (see ""Amendments - Phase One"" entry above for more details about WIIN Act). Accordingly, on 19 December, 2019, EPA promulgated a rule establishing a CCR permit program in Indian country and in states without programs.",,,
257,,,1/8/2020,In effect,,,,,"Health
Children, Youth, and Families","CMS, HHS","Centers for Medicare and Medicaid Services, Department of Health and Human Services",,Medicare Delay of Inclusion for U.S. Territories,,,,,,11/25/2019,https://www.federalregister.gov/documents/2019/11/25/2019-25514/medicaid-program-covered-outpatient-drug-further-delay-of-inclusion-of-territories-in-definitions-of,,trump,progress,1/24/2020,https://www.federalregister.gov/documents/2019/11/25/2019-25514/medicaid-program-covered-outpatient-drug-further-delay-of-inclusion-of-territories-in-definitions-of,,trump,progress,"A rule further delaying the inclusion of US territories in the Medicare definitions of ""States"" and United States.""","As a part of the Covered Outpatient Drug final rule, the Centers for Medicare & Medicaid Services (CMS) amended the regulatory definitions of ""States"" and ""United States"" to include the U.S. territories (American Samoa, the Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands) beginning April 1, 2017. Subsequently, on November 15, 2016 CMS published an interim final rule with comment period (IFC) delaying the inclusion of the U.S. territories in the regulatory definitions of ""States"" and ""United States."" until beginning April 1, 2020. This IFC further delays the inclusion of the territories in the definitions of ""States"" and ""United States"" until April 1, 2022. These regulations are effective starting January 24, 2020, and this rule's designation under E.O. 13771 is pending and will be informed by public comments.",,,
258,,,1/8/2020,In effect,,,,,Transportation,"FRA, DoT","Federal Railroad Administration, Department of Transportation",,Railroad Safety Training,11/22/2019,https://www.federalregister.gov/documents/2019/11/22/2019-24822/training-qualification-and-oversight-for-safety-related-railroad-employees,,trump,progress,1/2/2020,https://www.federalregister.gov/documents/2020/01/02/2019-28301/training-qualification-and-oversight-for-safety-related-railroad-employees,,trump,progress,12/30/2019,https://www.federalregister.gov/documents/2020/01/02/2019-28301/training-qualification-and-oversight-for-safety-related-railroad-employees,,trump,progress,A rule delaying the implimentation of minimum training standards for railroad employees.,"In response to a petition for rulemaking, the Federal Railroad Administration (FRA) is amending its regulation on Training, Qualification, and Oversight for Safety-Related Railroad Employees. On November 7, 2014, FRA published a final rule establishing a minimum training standard for each category of safety-related railroad employees and required railroad carriers, contactors, and subcontractors to submit training programs to FRA for approval. On January 2, 2020, FRA promulgated a final rule delaying this regulation's implementation dates for all contractors, and those Class II and III railroads that are not intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. This regulation is effective December 30, 2019 and is considered a deregulatory action under E.O. 13771.",,,
259,,,1/22/2020,In rulemaking,,,,,Environmental,EPA,Environmental Protection Agency,,Method 23 Determination,1/14/2020,https://www.federalregister.gov/documents/2020/01/14/2019-27842/epa-method-23-determination-of-polychlorinated-dibenzo-p-dioxins-and-polychlorinated-dibenzofurans,,trump,progress,,,,,,,,,,,A rule revising EPA Method 23 (Determination of Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans from Stationary Sources.,"On January 14, 2020, EPA promulgated a rule proposing technical and editorial revisions to Method 23 (Determination of Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans from Stationary Sources). Proposed revisions include incorporating isotope dilution for quantifying all target compounds and changing the method quality control from the current prescriptive format to a more flexible performance-based approach with specified performance criteria. The EPA is also proposing revisions that will expand the list of target compounds of Method 23 to include polycyclic aromatic hydrocarbons (PAHs) and polychlorinated biphenyls (PCBs). This action is expected to be an E.O. 13771 deregulatory action.",,,
260,"261,262",1,1/29/2020,In rulemaking,,,,,"Children, Youth, and Families
Education","FNS, USDA",Food and Nutrition Service,Child Nutrition Program Requirements,Child Nutrition Program Requirements,1/23/2020,,,trump,progress,,,,,,,,,,,Programs dictating school meals and nutrition requirements.,"The Food and Nutrition Service (FNS), USDA oversees programs collectively known as the Child Nutrition Programs. For the following proposed rules, Child Nutrition Programs include the Summer Food Service Program (SFSP), the National School Lunch Program (NSLP), School Breakfast Program (SBP), Special Milk Program (SMP), and Child and Adult Care Food Program (CACFP). These proposed rules are both expected to E.O. 13771 deregulatory actions.",,,
261,"260,262",2,1/29/2020,In rulemaking,,,,,"Children, Youth, and Families
Education","FNS, USDA",Food and Nutrition Service,Child Nutrition Program Requirements,Summer Food Service Program (SFSP),1/23/2020,https://www.federalregister.gov/documents/2020/01/23/2020-00919/streamlining-program-requirements-and-improving-integrity-in-the-summer-food-service-program-sfsp,,trump,progress,,,,,,,,,,,"A rule amending the Summer Food Service Program, which provides meals to low-income area children when schools are not in session.","The Summer Food Service Program (SFSP) is authorized under section 13 of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1761. Its primary purpose is to provide free, nutritious meals to children from low-income areas during periods when schools are not in session. This rule proposes to amend SFSP regulations by streamlining program requirements among Child Nutrition Programs. These changes update program definitions, simplify the application process, enhance monitoring requirements, and provide more responsibility at the State agency level to manage program operations.",,,
262,"260,261",3,1/29/2020,In rulemaking,,,,,"Children, Youth, and Families
Education","FNS, USDA",Food and Nutrition Service,Child Nutrition Program Requirements,National School Lunch and School Breakfast Programs,1/23/2020,https://www.federalregister.gov/documents/2020/01/23/2020-00926/simplifying-meal-service-and-monitoring-requirements-in-the-national-school-lunch-and-school,,trump,progress,,,,,,,,,,,A rule amending the National School Lunch and School Breakfast Programs.,"This rulemaking proposes changes to simplify meal pattern and monitoring requirements in the National School Lunch (NSLP) and School Breakfast Programs (SBP). USDA regulations 7 CFR 210.10 and 220.8 detail the nutrition standards for the NSLP and SBP, which require school meals are consistent with the goals of the latest Dietary Guidelines for Americans. The proposed changes include optional flexibilities and are intended to help State and local Program operators overcome operational challenges. In the National School Lunch Program, this proposed rule would add flexibility to the existing vegetable subgroups requirement. In the School Breakfast Program, the proposed rule would make it easier for menu planners to offer meats/meat alternates and grains interchangeably (without offering a minimum grains requirement daily), and would allow schools to offer 1/2 cup of fruit in breakfasts served outside the cafeteria to reduce food waste.",,,
263,,,1/29/2020,In rulemaking,,,,,Other,DoS,Department of State,,International Traffic Arms Regulations,5/24/2018,https://www.federalregister.gov/documents/2018/05/24/2018-10366/international-traffic-in-arms-regulations-us-munitions-list-categories-i-ii-and-iii,,trump,progress,1/23/2020,https://www.federalregister.gov/documents/2020/01/23/2020-00574/international-traffic-in-arms-regulations-us-munitions-list-categories-i-ii-and-iii,,trump,progress,3/9/2020,,,trump,progress,A rule amending the International Traffic in Arms Regulations (ITAR).,"The Department of State promulgated a final rule amending the International Traffic in Arms Regulations (ITAR) to revise Categories I—firearms, close assault weapons and combat shotguns, II—guns and armament, and III—ammunition/ordnance of the U.S. Munitions List (USML) to describe more precisely the articles that provide a critical military or intelligence advantage or, in the case of weapons, perform an inherently military function and thus warrant export and temporary import control on the USML. These revisions complete the initial review of the USML that the Department began in 2011. Items not subject to the ITAR or to the exclusive licensing jurisdiction of any other set of regulations are subject to the Export Administration Regulations. This rule is effective March 9, 2020 and is an E.O. 13771 deregulatory action.",,,
264,,,1/29/2020,In rulemaking,,,,,Other,NOAA,National Oceanic and Atmospheric Administration,,NOAA Vessel Monitoring Systems,1/24/2020,https://www.federalregister.gov/documents/2020/01/24/2020-00675/vessel-monitoring-systems-requirements-for-type-approval-of-cellular-transceiver-units,,trump,progress,,,,,,,,,,,A rule expanding approved methods for transferring Vessel Monitoring System data.,"The U.S. Vessel Monitoring System (VMS) program type-approves enhanced mobile transceiver units (EMTUs) for use in U.S. fisheries. Currently, the only approved method for transferring VMS data from a vessel to NMFS is by satellite-linked communication services. This proposed rule would amend the existing VMS type-approval regulations to add cellular-based EMTUs (EMTU-Cs) type-approval application and testing procedures; compliance and revocation processes; and technical, service, and performance standards. This proposed rule is necessary to allow for the use of EMTU-Cs and cellular communication service, in addition to satellite-only models, in federally managed fisheries. This proposed rule is expected to be an E.O. 13771 deregulatory action.",,,
265,,,1/29/2020,In rulemaking,,,,,Housing,HUD,Department of Housing and Urban Development,,Acceptable Separation Distance Standards for Residential Propane Tanks,12/10/2018,https://www.federalregister.gov/documents/2018/12/10/2018-26493/conforming-the-acceptable-separation-distance-asd-standards-for-residential-propane-tanks-to,,trump,progress,1/24/2020,https://www.federalregister.gov/documents/2020/01/24/2020-00440/conforming-the-acceptable-separation-distance-asd-standards-for-residential-propane-tanks-to,,trump,progress,2/24/2020,https://www.federalregister.gov/documents/2020/01/24/2020-00440/conforming-the-acceptable-separation-distance-asd-standards-for-residential-propane-tanks-to,,trump,progress,A rule expanding the Acceptable Separation Distance (ASD) between HUD-assisted projects and hazardous substances.,"On January 24, 2020 the Department of Housing and Urban Development (HUD) promulgated a rule expanding HUD's ability to approve assistance for projects sited near propane storage tanks (otherwise known as ""Liquified Petroleum Gas containers"" or ""LPG containers""). The rule amends the environmental criteria 24 CFR part 51, subpart C, which established the Acceptable Separation Distance (ASD) between HUD-assisted projects and containers of hazardous substances. The amended regulation creates an exception for above-ground propane storage tanks of a capacity of 1,000 gallons or less if the storage tank complies with NFPA 58 (2017), a voluntary consensus safety standard used by the propane industry and operators regarding storage, handling, transportation, and use of propane, as well as all underground storage tanks.
Based on consideration of public comments, HUD is adopting this 1,000-gallon limit in lieu of the 250-gallon limit contemplated in the proposed rule. This final rule incorporates by reference NFPA 58 (2017). This rule is an E.O. 13771 deregulatory action.",,,
267,,,2/12/2020,In effect,,Other,Proclamation by President Trump,,Environmental,DoI,Department of Interior,,Utah Federal Lands,,,,,,,,,,,,,,,,"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.",,,
268,,,2/21/2020,In effect,,,,,Labor,"EDA, DoC","Economic Development Administration, Department of Commerce",,Trade Adjustment and Public Works Regulations,8/19/2019,https://www.federalregister.gov/documents/2019/08/19/2019-17710/general-updates-and-elimination-of-certain-taaf-and-pweda-regulations,,trump,progress,2/14/2020,https://www.federalregister.gov/documents/2020/02/14/2020-00453/general-updates-and-elimination-of-certain-taaf-and-pweda-regulations,,trump,progress,3/16/2020,https://www.federalregister.gov/documents/2020/02/14/2020-00453/general-updates-and-elimination-of-certain-taaf-and-pweda-regulations,,trump,progress,A rule updating TAAF and PWEDA program regulations.,"The Economic Development Administration (EDA) issued a final rule on February 14, 2020 to update the agency's regulations implementing the Trade Adjustment Assistance for Firms (TAAF) provisions of the Trade Act of 1974 and the Public Works and Economic Development Act of 1965 (PWEDA). The changes to the TAAF program regulations clarify the process for import-impacted U.S. manufacturing firms, oil and natural gas production firms, and service firms to obtain technical assistance—identified in the Trade Act as ""adjustment assistance""—through the TAAF program, reorganize the regulations to make them easier to read and understand, incorporate best practices, and bring the regulations into closer alignment with the program's statutory requirements.This rule is considered an E.O. 13771 deregulatory action and is effective March 16, 2020.",,,
269,,,2/21/2020,In effect,,,,Rulemaking,Environmental,DoE,Department of Energy,,Energy Conservation Standards,2/13/2019,https://www.federalregister.gov/documents/2019/02/13/2019-01854/energy-conservation-program-for-appliance-standards-proposed-procedures-for-use-in-new-or-revised,,trump,progress,2/14/2020,https://www.federalregister.gov/documents/2020/02/14/2020-00023/energy-conservation-program-for-appliance-standards-procedures-for-use-in-new-or-revised-energy,,trump,progress,4/14/2020,https://www.federalregister.gov/documents/2020/02/14/2020-00023/energy-conservation-program-for-appliance-standards-procedures-for-use-in-new-or-revised-energy,,trump,progress,A rule updating DoE's method of rulemaking for energy conservation standards.,"The U.S. Department of Energy (DOE) is updating and modernizing aspects of its current rulemaking method for considering new or revised energy conservation standards for consumer products and certain types of industrial equipment. This final rule clarifies the process DOE will follow with respect to its application to these items, makes the specified rulemaking procedures binding on DOE, and revises certain provisions to bring consistency with existing statutory requirements. Other changes include expanding early opportunities for public input on the Appliance Program's priority setting and rulemaking activities, setting a significant energy savings threshold for updating standards, establishing a window between test procedure final rules and standards proposals, and delineating procedures for rulemaking under the separate direct final rule and negotiated rulemaking authorities. This rule is effective April 14, 2020 and is considered an EO 13771 deregulatory action.",,,
270,,,2/21/2020,In rulemaking,,,,,"Health
Children, Youth, and Families",CMS,Centers for Medicare and Medicaid Services,,Medicare Technical Changes,2/18/2020,https://www.federalregister.gov/documents/2020/02/18/2020-02085/medicare-and-medicaid-programs-contract-year-2021-and-2022-policy-and-technical-changes-to-the,,trump,progress,,,,,,,,,,,A rule revising regulations for Medicare Part C and Part D programs.,"On February 18, 2020, the Centers for Medicare and Medicaid Services (CMS) proposed a rule to revise regulations for the Medicare Advantage (Part C) program, Medicare Prescription Drug Benefit (Part D) program, Medicaid program, Medicare Cost Plan program, and Programs of All-Inclusive Care for the Elderly to implement certain sections of the Bipartisan Budget Act of 2018, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, and the 21st Century Cures Act. This proposed rule would also enhance the Part C and D programs, codify several existing CMS policies, and implement other technical changes. This rule is tentatively expected to be an E.O. 13771 deregulatory action. Comments can be submitted through April 6, 2020.",,,
271,,,3/10/2020,In effect,,,,,Health,FDA,Food and Drug Administration,,Definition of Biological Products,12/12/2018,https://www.federalregister.gov/documents/2018/12/12/2018-26840/definition-of-the-term-biological-product,,trump,progress,2/21/2020,https://www.federalregister.gov/documents/2020/02/21/2020-03505/definition-of-the-term-biological-product,,trump,progress,3/23/2020,https://www.federalregister.gov/documents/2020/02/21/2020-03505/definition-of-the-term-biological-product,,trump,progress,"A rule clarifying the definition of ""biological products"" to reduce uncertainty.","Biological products are regulated by the Food and Drug Administration (FDA), and are used to diagnose, prevent, treat, and cure diseases and medical conditions. They include a wide range of products such as vaccines, blood and blood components, allergenics, somatic cells, gene therapy, tissues, and recombinant therapeutic proteins. On February 21, 2020, FDA issued a final rule amending the definition of ""biological product'"" in line with changes made by the Biologics Price Competition and Innovation Act of 2009 (BPCI Act) and to provide its interpretation of the term ""protein."" The FDA now interprets ""protein"" to mean any alpha amino acid polymer with a specific, defined sequence that is greater than 40 amino acids in size. This rule is expected to reduce uncertainty over whether certain products are regulated as drugs or biological products and generate net costs-savings of $170,000. This rule is considered an E.O. 13771 deregulatory action and goes into effect on March 23, 2020.",,,
272,,,3/10/2020,In rulemaking,,,,,Health,CMS,Centers for Medicare and Medicaid Services,,Medicaid Preadmission Screening program,2/20/2020,https://www.federalregister.gov/documents/2020/02/20/2020-03081/medicaid-program-preadmission-screening-and-resident-review,,trump,progress,,,,,,,,,,,A rule modernizing and streamlining the preadmission screening program for individuals placed in nursing homes.,"Preadmission Screening and Resident Review (PASRR) is a federal requirement to help ensure that individuals are not inappropriately placed in nursing homes for long term care. On February 20, 2020, Centers for Medicare & Medicaid Services (CMS) proposed a rule that modernizes PASRR requirements by incorporating statutory changes, reflecting updates to diagnostic criteria for mental illness and intellectual disability, reducing duplicative requirements from State PASRR programs, and streamlining the process. This rule is expected to generate $3.4 million in annualized cost savings and is an expected E.O. 13771 deregulatory action.",,,
273,,,3/10/2020,In rulemaking,,,,,Health,DEA,Drug Enforcement Authority,,Registration Requirements for Narcotic Treatment Programs,2/26/2020,https://www.federalregister.gov/documents/2020/02/26/2020-03627/registration-requirements-for-narcotic-treatment-programs-with-mobile-components,,trump,progress,,,,,,,,,,,A rule waiving the requirement for separate registration of narcotic treatment programs that would utilize mobile components.,"The Controlled Substances Act (CSA) requires persons at each principal place of business or professional practice to obtain a separate registration for narcotic treatment programs (NTP) with mobile components.. However, the Administrator of the Drug Enforcement Authority (DEA) may issue regulations waiving this requirement for certain manufacturers, distributors or dispensers. Accordingly, on February 26, 2020, DEA proposed a notice of proposed rulemaking that would waive the requirement of a separate registration for NTPs that would utilize mobile components. Specifically, NTPs would be allowed to dispense controlled substances at remote locations, as long as they are in the same state as the NTP's registered location for maintenance or detoxification treatment. DEA noted that these revisions are intended to make detoxification treatments more widely available, while ensuring the right safeguards are in place.",,,
274,,,3/26/2020,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,Revisions to Refrigerant Management,,,,,,3/11/2020,https://www.federalregister.gov/documents/2020/03/11/2020-04773/protection-of-stratospheric-ozone-revisions-to-the-refrigerant-management-programs-extension-to,,trump,progress,4/10/2020,https://www.federalregister.gov/documents/2020/03/11/2020-04773/protection-of-stratospheric-ozone-revisions-to-the-refrigerant-management-programs-extension-to,,trump,progress,A rule revising requirements for the appliance maintenance and leak repair provisions under the Clean Air Act,"The Clean Air Act prohibits knowingly venting or releasing ozone-depleting and substitute refrigerants in the course of maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration. In 2016, the EPA amended the regulatory refrigerant management requirements and extended requirements that previously applied only to refrigerants containing an ozone-depleting substance to substitute refrigerants that are subject to the venting prohibition (i.e., those that have not been exempted from that prohibition) such as hydrofluorocarbons. Based on changes to the legal interpretation that supported that 2016 rule, this action revises some of those requirements—specifically, the appliance maintenance and leak repair provisions—so they apply only to equipment using refrigerant containing an ozone-depleting substance. This final rule is considered an E.O. 13771 deregulatory action and is effective April 10, 2020.",,,
275,,,7/16/2020,Rescinded,Y,Other,Announcement from the EPA,,"Environmental
COVID-19",EPA,Environmental Protection Agency,,Temporary Suspension of EPA Enforcement,,,,,,,,,,,,,,,,A temporary policy suspending enforcement of environmental regulations in response to COVID-19.,"On Thursday, March 26 2020, the Environmental Protection Agency enforcement discretion policy temporarily relaxing the agency's enforcement of environmental regulations on companies that are unable to comply owing to the COVID-19 pandemic. The agency writes that ""[the] consequences of the pandemic may constrain the ability of regulated entities to perform routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification."" For example, potential worker shortages and travel and social distancing restrictions may reduce the availability of key staff and contractors and impair the ability of laboratories to analyze samples and provide results.
The enforcement discretion requires facilities to keep records of their non-compliance, including its pandemic-related causes, but EPA does not require any public disclosures or reporting to EPA. The Natural Resources Defense Council and other organizations have petitioned the EPA to require regulated facilities to monitor and report violations to EPA and state and local authorities. Brookings scholar Adele Morris encourages transparency and warns against potential worsening of the health crisis. This policy is effective retroactively starting March 13, 2020. On June 29, 2020, EPA announced that this policy will be terminated on August 31, 2020.",,,
276,,,9/9/2020,In effect,,,,,Education,DoEd,Department of Education,,Distance education and innovation,4/2/2020,https://www.federalregister.gov/documents/2020/04/02/2020-05700/distance-education-and-innovation,,trump,progress,9/2/2020,https://www.federalregister.gov/documents/2020/09/02/2020-18636/distance-education-and-innovation,,trump,progress,7/1/2020,https://www.federalregister.gov/documents/2020/09/02/2020-18636/distance-education-and-innovation,,trump,progress,A rule amending Institutional Eligibility regulations issued under the Higher Education Act of 1965.,"On April 2, 2020, the Department of Education released a notice of proposed rulemaking to amend the general, establishing eligibility, maintaining eligibility, and losing eligibility sections of the Institutional Eligibility regulations issued under the Higher Education Act of 1965 (HEA), related to distance education and innovation. According to the Department, these distance education and innovation regulations aim to reduce barriers to innovation in the way institutions deliver educational materials and opportunities to students, and assess their knowledge and understanding, while providing reasonable safeguards to limit the risks to students and taxpayers. Furthermore, this rule proposes to amend the Student Assistance General Provisions regulations issued under the HEA. DoEd finalized these regulations on September 2, 2020; collectively they are considered an E.O. 13771 deregulatory action.",,,
277,,,4/8/2020,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,National Emission Standards for Hazardous Air Pollutants,7/29/202019,https://www.federalregister.gov/documents/2019/07/29/2019-14473/national-emission-standards-for-hazardous-air-pollutants-municipal-solid-waste-landfills-residual,,trump,progress,3/26/2020,https://www.federalregister.gov/documents/2020/03/26/2020-04800/national-emission-standards-for-hazardous-air-pollutants-municipal-solid-waste-landfills-residual,,trump,progress,3/26/2020,https://www.federalregister.gov/documents/2020/03/26/2020-04800/national-emission-standards-for-hazardous-air-pollutants-municipal-solid-waste-landfills-residual,,trump,progress,A rule finalizing the residual risk and technology review (RTR) conducted for Municipal Solid Waste (MSW) Landfills.,"This action finalizes the residual risk and technology review (RTR) conducted for the Municipal Solid Waste (MSW) Landfills source category regulated under national emission standards for hazardous air pollutants (NESHAP). On March 26, 2020, the Environmental Protection Agency (EPA) promulgated a final rule to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM). This rule revises wellhead operational standards to provide compliance flexibility; reorganizes rule text to incorporate provisions from the new source performance standards (NSPS) within this subpart; and adds requirements for electronic reporting of performance test results. This rule is considered an E.O. 13771 deregulatory action.",,,
278,,,5/21/2020,In effect,Y,,,,"Health
COVID-19",CMS,Centers for Medicare and Medicaid Services,,COVID-19 Medicare and Medicaid Revisions,3/30/2020,https://www.cms.gov/newsroom/press-releases/trump-administration-makes-sweeping-regulatory-changes-help-us-healthcare-system-address-covid-19,,trump,progress,4/6/2020,https://www.federalregister.gov/documents/2020/04/06/2020-06990/medicare-and-medicaid-programs-policy-and-regulatory-revisions-in-response-to-the-covid-19-public,,trump,progress,3/31/2020,https://www.federalregister.gov/documents/2020/04/06/2020-06990/medicare-and-medicaid-programs-policy-and-regulatory-revisions-in-response-to-the-covid-19-public,,trump,progress,A rule introducing flexibilities for Medicare providers and beneficiaries in response to COVID-19.,"On March 30, 2020 the Centers for Medicare & Medicaid Services (CMS) promulgated an interim final rule in response to the spread of the COVID-19. This rule gives Medicare service providers flexibilities and expands Medicare coverage for telehealth services for the duration of COVID-19. Among other things, it relaxes Medicare payment rules allowing physicians and other providers to furnish services using remote technology to avoid exposure risks. It also allows practitioners to order home health services and gives hospitals flexibility to furnish inpatient services.
CMS expects these revisions to increase hospital capacity, expand the healthcare workforce, reduce paperwork, and promote telehealth. Brookings scholars Paul Ginsburg and Matt Fiedler expect these revisions to have a substantial impact. Although the revisions are tied to the emergency, Ginsburg expects the experiences to inform subsequent CMS decisions. These regulations were published in the Federal Register on April 6, 2020, and are effective retroactively beginning March 31, 2020, and comments will be accepted until June 1 2020.
Since publishing the initial interim final rule, CMS published an additional IFR on May 8, 2020 relaxing additional requirements related to the provision of services furnished by a resident without the presence of a teaching physician under the primary care exception.
In line with CMS guidelines, the Department of Defense issued a comparable interim final rule on May 12, 2020 permitting the use of telehealth services by TRICAREauthorized providers.",,,
279,,,4/28/2020,In effect,,Other,Multiple enforcement discretions,,"Health
COVID-19",HHS,Health and Human Services Department,,HIPAA Enforcement Discretions,,,,,,,,,,,,,,,,"Relaxed HIPAA privacy rules concerning information disclosure, telehealth, and testing sites.","The Health Insurance Portability and Accountability Act (HIPAA) ensures privacy rights over health information. The Department of Health and Human Services (HHS) published three enforcement discretions to relax HIPAA provisions regarding telehealth, information disclosure, and testing site practices during COVID-19.
On March 17, 2020, HHS announced that it will not take action for violation of HIPAA rules against providers acting in good faith to deliver healthcare during COVID-19. Under normal rules, telehealth communication technology must comply with privacy standards that typically prevent the use of videoconferencing tools like Zoom. Brookings scholar Christen Young considers this action a reasonable weighting of risk as a short-term policy. However, she states, as the system returns to normal, reinstating HIPAA privacy standards will ensure protection of sensitive information, though HHS may find it appropriate to revisit some of the technical specifications to continue to facilitate telehealth adoption.
On April 2, 2020, HHS announced that it will not take action for violation of certain HIPAA provisions for ""good faith use and disclosure"" of protected health information (PHI) during COVID-19. Under normal rules, a HIPAA business associate may use and disclose PHI only if expressly permitted by agreement with a HIPAA covered entity. This is intended to support agencies who need access to COVID-related data.
On April 9, 2020, HHS announced that it will not take action for violation of HIPAA rules against providers for ""good faith participation"" in the operation of COVID-19 community-based testing sites (CBTS). CBTS covered under this discretion include mobile, drive-through, or walk-up sites that only provide COVID19 specimen collection or testing services to the public. HHS hopes that this rule will increase mobile testing in the US.
The discretions are effective immediately, and will remain in effect until the Secretary of HHS declares that the public health emergency no longer exists.",,,
280,,,4/15/2020,In effect,,,,,Other,MSHA,Mine Safety and Health Administration,,Electric Detonators,,,,,,4/7/2020,https://www.federalregister.gov/documents/2020/04/07/2020-06649/electronic-detonators,,trump,progress,3/16/2020,https://www.federalregister.gov/documents/2020/04/07/2020-06649/electronic-detonators,,trump,progress,A rule revising certain safety standards for explosives at metal and nonmetal (MNM) mines.,"The Mine Safety and Health Administration (MSHA) is revising certain safety standards for explosives at metal and nonmetal (MNM) mines. This rule updates existing provisions consistent with technological advancements involving electronic detonators. MSHA published this as a direct final rule, as the agency expected that there would be no significant, adverse comments on the rule. This rulemaking is a deregulatory action under E.O. 13771.",,,
281,,,4/15/2020,In effect,,,,,"Housing
COVID-19",USDA,Department of Agriculture,,COVID-19 Rural Home Loans,4/8/2020,https://www.federalregister.gov/documents/2020/04/08/2020-07487/rural-development-guarantee-loan-servicing-flexibilities-to-address-coronavirus-2019-impacts,,trump,progress,4/8/2020,https://www.federalregister.gov/documents/2020/04/08/2020-07487/rural-development-guarantee-loan-servicing-flexibilities-to-address-coronavirus-2019-impacts,,trump,progress,3/31/2020,https://www.federalregister.gov/documents/2020/04/08/2020-07487/rural-development-guarantee-loan-servicing-flexibilities-to-address-coronavirus-2019-impacts,,trump,progress,A notification allowing rural agencies to offer loan payment deferrals in response to COVID-19.,"The Rural-Business Cooperative Service (RBCS), Rural Housing Service (RHS), and Rural Utilities Service (RUS) agencies issued a notification that allows lenders with guaranteed loans with these agencies to unilaterally offer payment deferrals to their customers who may be experiencing temporary cash flow issues due to the COVID-19 pandemic. This notification also includes additional servicing flexibilities regarding agency-guaranteed loan requirements as they relate to the new loans that are covered by Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
The policies included in this notification are effective retroactively as of March 31, 2020, and the temporary authorization expires on September 30, 2020. After September 30, 2020, lenders must resume obtaining Agency approval in accordance with all applicable program regulations, forms, and existing authorities. This guidance applies to all borrowers that had a current repayment status as of January 31, 2020.",,,
282,,,11/24/2020,In effect,,,,,Environmental,NPS,National Park Service,,National Park Service electric bicycles,4/8/2020,https://www.federalregister.gov/documents/2020/04/08/2020-07163/general-provisions-electric-bicycles,,trump,progress,11/2/2020,https://www.federalregister.gov/documents/2020/11/02/2020-22129/general-provisions-electric-bicycles,,trump,progress,12/2/2020,https://www.federalregister.gov/documents/2020/11/02/2020-22129/general-provisions-electric-bicycles,,trump,progress,A rule outlining the definition and rules for electric bicycles.,"The National Park Service proposed regulations governing the use of electric bicycles within the National Park System on April 8, 2020. This rule defines the term ""electric bicycle"" and establishes rules for how they may be used. This rule implements Secretary of the Interior Order 3376, ""Increasing Recreational Opportunities through the use of Electric Bikes,"" on lands administered by the National Park Service. The rule is an E.O. 13771 deregulatory action and was finalized on November 2, 2020. It became effective on December 2, 2020.",,,
283,284,1,6/11/2020,In effect,,Other,Authorized under the CARES Act,,"Financial
COVID-19",SBA,Small Business Administration,Paycheck Protection Program,Streamlined small business loans: PPP,,,,,,,,,,,,,,,,A program offering streamlined loans to small businesses affected by COVID-19.,"The Small Business Administration (SBA) operates an Economic Injury Development Loan (EIDL) program through private financial institutions offering low interest loans to small businesses and nonprofits affected by natural disasters. In response to COVID-19, EIDL was amended to provide for immediate $10,000 grants directly from the Treasury. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) expanded these small business loans and created the Paycheck Protection Program (PPP) offering 1 percent interest loans to small businesses to cover 2.5 months of payroll that would be forgiven if used for payroll, rent and other fixed obligations.
PPP loan terms are more relaxed than typical SBA loans for timely disbursement of funds. For example, PPP expands eligibility criteria, waives borrower personal guarantee requirements and the requirement for businesses to show that they cannot obtain the credit elsewhere, and streamlines lending criteria. The interim final rule announcing the implementation of PPP was published in the federal register on April 15, 2020, and went into effect immediately. As of April 16, 2020, SBA had disbursed 1.66 million loans under PPP. Congress approved an additional $484 billion in PPP funding on April 23, 2020.
On April 28, 2020, Treasury released an updated interim final rule clarifying eligible businesses under the PPP. On May 5, 2020, another updated rule was published limiting the amount of PPP loans that any single corporate group may receive and providing additional guidance on the criteria for non-bank lender participation. The most recent update on May 8, 2020, supplements the previously posted interim final rules by providing guidance on nondiscrimination obligations and additional eligibility requirements. On May 19, 2020, SBA extended the date by which certain Paycheck Protection Program borrowers may repay their loans from May 7, 2020 to May 14, 2020.",,,
284,283,2,5/21/2020,In effect,,Other,PPP updates from The Federal Reserve System,,"Financial
COVID-19",Fed,The Federal Reserve System,Paycheck Protection Program,Regulatory Capital Rule,,,,,,4/13/2020,https://www.federalregister.gov/documents/2020/04/13/2020-07712/regulatory-capital-rule-paycheck-protection-program-lending-facility-and-paycheck-protection-program,,trump,progress,4/13/2020,https://www.federalregister.gov/documents/2020/04/13/2020-07712/regulatory-capital-rule-paycheck-protection-program-lending-facility-and-paycheck-protection-program,,trump,progress,A rule providing liquidity to small business lenders.,"On April 13, 2020, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC), promulgated an interim final rule to provide liquidity to small business lenders and the broader credit markets. The rule authorizes each of the Federal Reserve Banks to participate in the Paycheck Protection Program Lending Facility (PPPL Facility), pursuant to section 13(3) of the Federal Reserve Act. Under the PPPL Facility, each of the Federal Reserve Banks will extend non-recourse loans to eligible financial institutions to fund loans guaranteed by the Small Business Administration under the PPP. These guidelines are similar to the treatment extended previously by the agencies in connection with the Federal Reserve's Money Market Mutual Fund Liquidity Facility.",,,
285,,,6/15/2020,In effect,,,,,"Financial
COVID-19",Fed,The Federal Reserve System,,Supplemental Leverage Ratio relaxation,4/1/2020,https://www.federalreserve.gov/newsevents/pressreleases/bcreg20200401a.htm,,trump,progress,4/14/2020,https://www.federalregister.gov/documents/2020/04/14/2020-07345/temporary-exclusion-of-us-treasury-securities-and-deposits-at-federal-reserve-banks-from-the,,trump,progress,4/14/2020,https://www.federalregister.gov/documents/2020/04/14/2020-07345/temporary-exclusion-of-us-treasury-securities-and-deposits-at-federal-reserve-banks-from-the,Temporary,trump,progress,Temporary relaxation of the supplemental leverage ratio by the Federal Reserve to improve flexibility of banks.,"The supplemental leverage ratio (SLR) ensures capital adequacy for large banks. It is measured by common equity capital relative to total leverage exposure. Brookings scholar Nellie Liang explains that SLR can limit bank holding companies' willingness to own Treasuries and serve as financial intermediaries. On April 1, 2020, the Federal Reserve (Fed) Board announced a temporary change to its SLR that would permit financial institutions to exclude U.S. Treasury securities and deposits at the Fed Banks from the total leverage exposure (denominator) in the SLR calculation.
The Fed estimates that this action would reduce the amount of required tier capital at holding companies by $76 billion. Brookings scholar Nellie Liang reflects that while this change is significant and will alleviate stresses in the Treasury market, some investors express concerns about its impacts on financial stability. This rule was published in the federal register on April 14, 2020.
On June 1, 2020, the Office of the Comptroller of Currency (OCC), the Fed, and Federal Deposit Insurance Corporation (FDIC) published an interim final rule allowing depository institutions to temporarily exclude U.S. Treasury securities and deposits at Federal Reserve Banks from the supplementary leverage ratio denominator. This will allow flexibility for the institutions to act as financial intermediaries.
These rules will will remain in effect through March 31, 2020.",,,
286,,,5/21/2020,In effect,,,,,"Transportation
COVID-19",FAA,Federal Aviation Administration,,Temporary FAA regulatory relief,,,,,,5/4/2020,https://www.federalregister.gov/documents/2020/05/04/2020-09472/relief-for-certain-persons-and-operations-during-the-coronavirus-disease-2019-covid-19-outbreak,,trump,progress,4/30/2020,https://www.federalregister.gov/documents/2020/05/04/2020-09472/relief-for-certain-persons-and-operations-during-the-coronavirus-disease-2019-covid-19-outbreak,Temporary,trump,progress,An executive order further loosening regulatory standards in response to the economic impacts of COVID-19.,"On May 5 2020, the Federal Aviation Administration (FAA) and Department of Transportation (DOT) issued a Special Federal Aviation Regulation (SFAR) in response to the COVID-19 outbreak. The final rule provides regulatory relief to persons who have been unable to comply with certain training, recent experience, testing, and checking requirements due to COVID-19. Additionally, this rule permits operators to continue to use pilots and other crew members in support of essential operations during the effective period. Certain air carriers and operators may also fly temporary overflow aircraft to a point of storage pursuant to a special flight permit with a continuing authorization. This rule is effective April 30, 2020 through March 31, 2021.",,,
287,,,5/22/2020,In effect,,Other,Executive Order from President Trump,,COVID-19,White House,,,Executive Order on COVID-19 Regulatory Relief,,,,,,,,,,,,,,,,An executive order further loosening regulatory standards in response to the economic impacts of COVID-19.,"On May 19, 2020 President Trump issued an Executive Order (EO) encouraging federal agencies to continue deregulatory measures that foster the post-pandemic economic recovery. The EO asks agencies to ""identify regulatory standards that may inhibit economic recovery."" The EO calls upon agencies to give businesses, especially small businesses, the confidence they need to re-open by providing guidance on what the law requires; by recognizing the efforts of businesses to comply with often-complex regulations in complicated and swiftly changing circumstances. Brookings' contributor and University of Virginia Assistant Professor Rachel Augustine Potter, details that the administration's ongoing deregulatory push is likely to be one of Trump's most enduring legacies.",,,
288,,,6/11/2020,In effect,,,,,Environmental,"DoT, PHMSA","Department of Transportation, Pipeline and Hazardous Materials Safety Administration",,Amendments to the Hazardous Materials Regulations,11/27/2018,https://www.federalregister.gov/documents/2018/11/27/2018-24620/hazardous-materials-harmonization-with-international-standards,,trump,progress,5/11/2020,https://www.federalregister.gov/documents/2020/05/11/2020-06205/hazardous-materials-harmonization-with-international-standards,,trump,progress,5/11/2020,https://www.federalregister.gov/documents/2020/05/11/2020-06205/hazardous-materials-harmonization-with-international-standards,,trump,progress,Amendments to the rules governing the transportation of hazardous materials.,"The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on May 11, 2020 to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards. The rule incorporates various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions harmonize the HMR with recent changes made to international regulations. Additionally, PHMSA is adopting several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods Regulations. The final rule is considered an E.O. 13771 deregulatory action.",,,
289,,,6/11/2020,In effect,,,,,Environmental,USDA,Department of Agriculture,,Movement of genetically engineered organisms,1/19/2017,https://www.federalregister.gov/documents/2017/01/19/2017-00858/importation-interstate-movement-and-environmental-release-of-certain-genetically-engineered,,trump,progress,5/18/2020,https://www.federalregister.gov/documents/2020/05/18/2020-10638/movement-of-certain-genetically-engineered-organisms,,trump,progress,8/17/2020,https://www.federalregister.gov/documents/2020/05/18/2020-10638/movement-of-certain-genetically-engineered-organisms,,trump,progress,A rule amending the movement of genetically engineered organisms.,"On May 18, 2020, the Animal and Plant Health Inspection Service issued a final rule amending regulations regarding the movement (importation, interstate movement, and environmental release) of certain genetically engineered organisms in response to advances in genetic engineering, thereby reducing the regulatory burden for developers of organisms that are unlikely to pose plant pest risks. This final rule marks the first comprehensive revision of the regulationssince they were established in 1987 and is classified as an E.O. 13771 deregulatory action.",,,
290,,,6/11/2020,In effect,,,,,"COVID-19
Labor
Immigration",DHS,Department of Homeland Security,,Temporary changes for H-2B nonimmigrants,,,,,,5/14/2020,https://www.federalregister.gov/documents/2020/05/14/2020-10486/temporary-changes-to-requirements-affecting-h-2b-nonimmigrants-due-to-the-covid-19-national,,trump,progress,5/14/2020,https://www.federalregister.gov/documents/2020/05/14/2020-10486/temporary-changes-to-requirements-affecting-h-2b-nonimmigrants-due-to-the-covid-19-national,Temporary,trump,progress,A rule temporarily removing limitations on employers seeking to hire certain H-2B workers.,"As a result of disruptions caused by COVID-19, the Department of Homeland Security (DHS) has decided to temporarily remove certain limitations on employers seeking to hire certain H-2B workers already in the United States to provide temporary labor or services essential to the U.S. food supply chain, and certain H-2B workers, who are essential to the U.S. food supply chain, seeking to extend their stay. This temporary final rule is effective from May 14, 2020, through May 15, 2023.",,,
291,,,6/15/2020,In effect,Y,Other,Executive Order from President Trump,,"COVID-19
Environmental
Transportation",White House,,,Executive Order expediting infrastructure projects during COVID-19,,,,,,,,,,,,,,,,Executive Order directing agencies to expedite infrastructure projects and permitting a temporary bypass of environmental reviews.,"President Trump signed Executive Order 13927 on June 4, 2020 to expedite infrastructure investments for facilitating the post-COVID-19 economic recovery. The Executive Order (EO) directs federal agencies, including the Departments of Interior, Army, Transportation, Defense, and Agriculture to speed investments in infrastructure and expedite work on existing projects. It permits the agencies to implement emergency provisions that scale back environmental reviews under the National Environmental Policy Act (NEPA), Clean Water Act, and Endangered Species Act.",,,
292,,,6/15/2020,In rulemaking,,,,,"Environmental
Financial","Treasury, IRS","Treasury, Internal Revenue Service",,Credit for carbon oxide sequestration,6/2/2020,https://www.federalregister.gov/documents/2020/06/02/2020-11907/credit-for-carbon-oxide-sequestration,,trump,progress,,,,,,,,,,,A rule providing guidance on credits for carbon oxide sequestration.,"The Treasury and the Internal Revenue Service (IRS) published a notice of proposed rulemaking (NPRM) regarding credit for carbon oxide sequestration. Among other things, it provides guidance on carbon oxide sequestration and clarification regarding geological storage, credit recapture, and transfer of credit. In a related release, the IRS provided additional guidance regarding two new credits for carbon oxide capture allowing upto: $50 per metric ton of qualified carbon oxide for permanent sequestration, and up to $35 for Enhanced Oil Recovery purposes. If finalized, this rule will be classified as an E.O. 13771 deregulatory action.",,,
293,,,6/15/2020,In effect,,,,,Environmental,BOEM,Bureau of Ocean Management,,Air Quality Regulations for the Outer Continental Shelf,4/5/2015,https://www.federalregister.gov/documents/2016/04/05/2016-06310/air-quality-control-reporting-and-compliance,,obama,progress,5/14/2020,https://www.federalregister.gov/documents/2020/06/05/2020-11573/air-quality-control-reporting-and-compliance,,trump,progrerss,7/6/2020,https://www.federalregister.gov/documents/2020/06/05/2020-11573/air-quality-control-reporting-and-compliance,Partially,trump,progress,A rule amending air quality regulations in the Outer Continental Shelf.,"The Outer Continental Shelf (OCS) Lands Act authorizes the Department of the Interior (DoI) to regulate activities in the Central and Western Gulf of Mexico and off the coast of Alaska's North Slope Borough. On April 5, 2016, the Obama administration Bureau of Ocean Management (BOEM) proposed a rule amending OCS air quality measurement, evaluation and control regulations. The 2016 regulations tightened pollution standards for offshore operations and required improved pollution control technology. On April 28, 2017, President Trump issued Executive Order (EO) 13795 titled ""Implementing an America-First Offshore Energy Strategy"" directing the Secretary of the Interior to reconsider the April 2016 air quality rule. Consequently, the Secretary of Interior, Ryan Zinke, ordered DoI to stop work on this rule on May 1, 2017.
On May 14, 2020, DoI promulgated a final rule consistent with EO 13795 and Secretary Zinke's order. The final rule adopts some, but not all of the provisions of the 2016 rule. According to DoI ""The new rule does not relax any standards for regulating air quality, uses the best available science and makes important technical and compliance-related updates to bring the regulation into this century."" This rule is classified as an EO 13771 deregulatory action.",,,
294,,,6/24/2020,In effect,,,,,Environmental,NPS,National Park Service,,Hunting and trapping in national preserves,5/22/2018,https://www.federalregister.gov/documents/2018/05/22/2018-10735/alaska-hunting-and-trapping-in-national-preserves,,trump,progress,6/9/2020,https://www.federalregister.gov/documents/2020/06/09/2020-10877/alaska-hunting-and-trapping-in-national-preserves,,trump,progress,7/9/2020,https://www.federalregister.gov/documents/2020/06/09/2020-10877/alaska-hunting-and-trapping-in-national-preserves,,trump,progress,A rule permitting previously banned hunting practices in Alaskan national preserves.,"In 2015, The National Park Service (NPS) amended its regulations for sport hunting and trapping in Alaska national preserves. This rule removes regulatory provisions issued by the NPS in 2015 that prohibited certain sport hunting practices otherwise permitted by the State of Alaska. The 2015 Rule imposed prohibitions on certain types of practices including: taking any black bear, with artificial light at den sites; harvesting brown bears over bait; taking wolves and coyotes (including pups) during the denning season (between May 1 and August 9); taking swimming caribou; taking caribou from motorboats under power; taking black bears over bait; and, using dogs to hunt black bears. The rule was opposed by a bipartisan group of 79 members of Congress and hundreds ofscientists. It is considered an E.O. 13771 deregulatory action.",,,
295,,,6/24/2020,In effect,,Other,Notice from the FDA,,"Health
COVID-19",FDA,Food and Drug Administration,,FDA emergency use authorization,,,,,,,,,,,,,,,,An emergency notice permitting the use of certain medical devices.,"The Food and Drug Administration (FDA) announced the issuance and reissuance of Emergency Use Authorizations (EUAs) for certain medical devices related to COVID-19. Under the Federal Food, Drug, and Cosmetic Act (FD&C Act) the notice authorizes, among other things, emergency use conditions of the authorized products, emergency use of in vitro diagnostics for detection of the virus that causes COVID-19, personal respiratory protective devices, and medical devices, including alternative products used as medical devices. These authorizations are effective immediately.",,,
296,368,1,12/03/2021,In rulemaking,Y,,,Rulemaking - Overturning Trump,Environmental,CEQ,Council on Environmental Quality,,Reinstating NEPA (National Environmental Policy Act),1/10/2020,https://www.federalregister.gov/documents/2020/07/16/2020-15179/update-to-the-regulations-implementing-the-procedural-provisions-of-the-national-environmental,,trump,progress,7/15/2020,https://www.federalregister.gov/documents/2020/07/16/2020-15179/update-to-the-regulations-implementing-the-procedural-provisions-of-the-national-environmental,,trump,progress,9/14/2020,"https://ceq.doe.gov/#:~:text=CEQ's%20NEPA%20implementing%20regulations%20are,effective%20on%20September%2014%2C%202020.",,trump,progress,A rule rolling back the National Environmental Protection Act and streamlining environmental assessments.,"The National Environmental Protection Act (NEPA) was signed into law by President Nixon on January 1, 1970. It requires agencies to assess the environmental impacts of proposed actions prior to making decisions and allows communities to weigh in on the environmental impacts of projects and propose alternatives. On August 15, 2017, President Trump issued Executive Order 13807 requiring agencies to approve environmental reviews as ""One Federal Decision,"" directing the Council on Environmental Quality (CEQ) to consider revisions to modernize NEPA.","On July 15, 2020, CEQ announced a final rule which will ""modernize the NEPA regulations by simplifying and clarifying the requirements"" and ""accelerate the environmental review and permitting processes."" The rule establishes a new, two-year deadline for agencies to prepare environmental impact statements (EISs). It also limits the role of climate change in environmental assessment. It does so by eliminating the requirement for agencies to consider the ""cumulative effects"" of their actions and restricting the analysis to effects with a ""reasonably close causal relationship"" in NEPA assessments, which limits greenhouse gas emission considerations. The rule also allows agencies to exclude projects using ""minimal federal funding"" from the NEPA review process. This rule was implemented to carry out E.O. 13771. It went into effect on September 14, 2020.",,
298,,,8/28/2020,In effect,,,,,Agriculture,DEA,Drug Enforcement Agency,,Controlled Substances Act marihuana definitions,,,,,,8/21/2020,https://www.federalregister.gov/documents/2020/08/21/2020-17356/implementation-of-the-agriculture-improvement-act-of-2018,,trump,progress,8/21/2020,https://www.federalregister.gov/documents/2020/08/21/2020-17356/implementation-of-the-agriculture-improvement-act-of-2018,,trump,progress,A rule amending the Controlled Substances Act's regulatory controls over marihuana.,"On August 21, 2020, the Drug Enforcement Administration (DEA) issued an interim final rule codifying statutory amendments to the Controlled Substances Act (CSA). The rule conforms CSA's regulatory controls over marihuana to previously issued changes under the Agriculture Improvement Act of 2018 (AIA). Notably, the IFR conforms four DEA's regulations to the AIA amendments including changing the definition of marihuana and tetrahydrocannabinols to no longer include ""hemp"" and removing the Schedule V control of FDA-approved products containing cannabidiol.",,,
299,,,8/28/2020,In rulemaking,,,,,Labor,DoL,Department of Labor,,Trade Adjustment Assistance Program,8/21/2020,https://www.federalregister.gov/documents/2020/08/21/2020-13802/trade-adjustment-assistance-for-workers,,trump,progress,,,,,,,,,,,A rule updating the Trade Adjustment Assistance Program.,"The Trade Adjustment Assistance (TAA) Program was designed to assist U.S. workers who have lost or may lose their jobs as a result of foreign trade. Program benefits include, employment and case management services, training, relocation allowance, and income support. On August 21, 2020, the Department of Labor's Employment and Training Administration (ETA) proposed to expand protections and support for U.S. workers under TAA, including, loosening the regulations for program qualification, increasing worker allowances, and expanding training. Further, the proposed revisions align TAA regulations with the Workforce Innovation and Opportunity Act (WIOA), comprehensive 2014 legislation that reauthorized the public workforce system. This final rule is effective September 21, 2020 and is considered an E.O. 13771 deregulatory action.",,,
300,,,8/28/2020,In effect,,Other,Series of Congressional and agency actions.,,Environmental,DoI,Department of Interior,,Oil drilling in the Arctic National Wildlife Refuge,,,,,,,,,,,,,,,,Congressional and agency actions permitting oil and gas leasing on the refuge.,"The Arctic National Wildlife Refuge (ANWR) is home to approximately 19.64 million acres of land and water in Alaska. The Alaska National Interests Land Conservation Act of 1980 (ANILCA) established ANWR as a refuge with protected portions. Section 1002 of the Act required a study of another portion—a Coastal plain spanning 1.57-million-acres—to assess its wildlife and the potential impacts of oil and gas development. The Coastal plain is an onshore oil prospect in addition to a center of activity for caribou and other wildlife. Section 1003 of ANILCA prohibited oil and gas development in the Refuge unless authorized by Congress.
The Tax Cuts and Jobs Act of 2017 (TCJA) lifted the Section 1003 provision for the Coastal plain and directed the Secretary of Interior (Secretary) to establish a program for leasing, development, production, and transportation of oil and gas in and from the area. In September 2019, The Bureau of Land Management (BLM) completed an environmental impact statement (EIS) to analyze potential impacts of the programand proposed to lease the entire 1.57 acres of coastal plain for oil and gas leasing. Subsequently, on August 17, 2020, David Bernhardt, the Secretary of Interior, signed a record decision adopting the EIS recommendation and authorizing the program pursuant to TCJA. This action made the entire program area available for oil and gas leasing, leaving the Refuge vulnerable to future exploration, development, and transportation. On August 24, 2020, environmental and indigenous groups filed lawsuits claiming the federal government did not adequately comply with environmental laws requiring thorough impact assessments.",,,
301,,,9/9/2020,In rulemaking,,,,,Environmental,"USDA, USFS","Department of Agriculture, Forest Service",,Oil and gas extraction on federal lands,9/1/2020,https://www.federalregister.gov/documents/2020/09/01/2020-18518/oil-and-gas-resources,,trump,progress,,,,,,,,,,,A rule expanding National Forest System lands open for leasing.,"The U.S. Department of Agriculture (USDA), Forest Service proposed revisions to its regulations governing Federal oil and gas resources on National Forest System lands. There are currently 5,490 Federal oil and gas leases covering about 4.2 million acres (about 2 percent) of National Forest System lands. The proposed rule streamlines the processes for identifying these National Forest System lands open for leasing. Notably, it cuts both public notice and comment and review of environmental consequences under the National Environmental Policy Act from the review process.
The proposed rule also unifies Forest Service regulations regarding sundry notices and instances of bonding with those of the Bureau of Land Management. These proposed changes are in line with E.O. 13783, Promoting Energy Independence and Economic Growth, and the Trump administration's larger mandate encouraging mineral extraction on federal lands. It is also considered a deregulatory action under E.O. 13771; comments will be accepted through November 2, 2020.",,,
302,,,9/29/2020,In rulemaking,,,,,"Children, Youth, and Families","HHS, ACF","Department of Human and Health Services, Administration for Children and Famillies",,Exceptions to prohibition against treating incarceration as voluntary unemployment,9/17/2020,https://www.federalregister.gov/documents/2020/09/17/2020-17747/optional-exceptions-to-the-prohibition-against-treating-incarceration-as-voluntary-unemployment,,trump,progress,,,,,,,,,,,A rule allowing states to grant exceptions to prohibitions against treating incarceration as voluntary unemployment.,"The Flexibility, Efficiency and Modernization in Child Support Programs rule finalized in 2016 prohibits state child support programs from treating incarceration as voluntary unemployment, allowing incarcerated individuals the opportunity to have their child support order reviewed and modified during their imprisonment. On September 17, 2020, the Administration for Children and Families published a notice of proposed rulemaking (NPRM) to provide States the flexibility to incorporate two optional exceptions to this prohibition in State child support guidelines including: cases where the individual is incarcerated due to intentional nonpayment of child support resulting from a criminal case and/or incarceration for any offense of which the individual's dependent child or the child support recipient was a victim. This is expected to be an E.O. 13771 deregulatory action.",,,
303,,,1/19/2021,In effect,,,,,Environmental,"USDA, USFS","Department of Agriculture, Forest Service",,Alaska Roadless Rule,10/17/2019,https://www.federalregister.gov/documents/2019/10/17/2019-22638/special-areas-roadless-area-conservation-national-forest-system-lands-in-alaska,,trump,progress,10/29/2020,https://www.federalregister.gov/documents/2020/10/29/2020-23984/special-areas-roadless-area-conservation-national-forest-system-lands-in-alaska,,trump,progress,10/29/2020,https://www.federalregister.gov/documents/2020/10/29/2020-23984/special-areas-roadless-area-conservation-national-forest-system-lands-in-alaska,,trump,progress,A rule allowing timber harvesting and road construction in Alaskan national forests by granting exemptions from roadless area protections.,"The National Roadless Area Conservation Rule (Roadless Rule), adopted in 2001 under President Bill Clinton, prohibits, with some exceptions, construction or reconstruction of roads in roadless areas of the National Forest System. The rule has been heavily controversial since its promulgation, particularly with regard to Alaska’s Tongass and Chugach National Forests. Tongass is the largest national forest in the U.S., spanning approximately 17 million acres and serves as an enormous carbon sink. It is home to approximately 70,000 Alaska natives spread across 32 communities. In January 2018, the State of Alaska petitioned to exempt Tongass from the Roadless Rule. Shortly after in August 2018, the Forest Service announced its intent to initiate a public rulemaking process, and on October 17, 2019, proposed to exempt Tongass from the Roadless Rule. USDA finalized the rule October 29, 2020; the rule went into effect the same day.","The rule exempted all roadless areas in the Tongass from any protections. This reverted 168,000 old-growth acres and 20,000 young-growth acres previously identified as unsuitable timber lands to suitable timber lands. The rule also impacted the Alaskan natives residing in the region.","On May 7, 2019, Earthjustice and others filed suit against USDA for violating the National Environmental Policy Act, the Alaska National Interest Lands Conservation Act, and the National Forest Management Act.","Earthjustice and Harvard’s Environmental and Energy Law Program maintain more detailed timelines of actions related to this rule. On June 11, 2021, the Biden administration announced that it was preparing to repeal or replace the rule allowing the exemption."
304,325,1,6/25/2021,Rescinded,,,,Rulemaking - Overturning Trump,Labor,DoL,Department of Labor,Independent contractors under the Fair Labor Standards Act,Independent contractors under the Fair Labor Standards Act,9/25/2020,https://www.federalregister.gov/documents/2020/09/25/2020-21018/independent-contractor-status-under-the-fair-labor-standards-act,,trump,progress,1/7/2021,https://www.federalregister.gov/documents/2021/01/07/2020-29274/independent-contractor-status-under-the-fair-labor-standards-act,,trump,progress,3/8/2021,https://www.federalregister.gov/documents/2021/02/05/2021-02484/independent-contractor-status-under-the-fair-labor-standards-act-delay-of-effective-date,delayed,trump,progress,A rule revising the interpretation of an independent contractor under the Fair Labor Standards Act.,"The Fair Labor Standards Act (FLSA) requires that employers maintain certain standards of treatment toward employees, but not independent contractors. In the past, disputes over whether a worker should be classified as an independent contractor or an employee have often required litigation and tests of a worker's economic dependence on the potential employer in order to be resolved. On September 25, 2020, the Department of Labor (DoL) proposed a rule that would change the standards used to determine if a worker should be classified as an independent contractor or employee. The rule was finalized January 7, 2021.","The rule proposed by DoL would amend testing standards for economic dependence by shifting their focus to two factors: the nature and degree of the worker's control over their work, and the worker's opportunity for profit or loss.",,"On March 4, 2021, DoL delayed the effective date of the rule to May 7, 2021. The rule was later withdrawn (below)."
305,,,10/21/2020,In effect,,,,,"Environmental
COVID-19",EPA,Environmental Protection Agency,,Long-lasting disinfectant guideline revisions,10/14/2020,https://www.epa.gov/pesticide-registration/interim-guidance-expedited-review-products-adding-residual-efficacy-claims,,trump,progress,,,,,,10/14/2020,https://www.epa.gov/pesticide-registration/interim-guidance-expedited-review-products-adding-residual-efficacy-claims,,trump,progress,A rule revising the approval guidelines of long-lasting disinfectants intended for use against COVID-19.,"On October 14, 2020, the Environmental Protection Agency (EPA) released a draft interim guidance expediting the review process for disinfectants with long-lasting efficacy against the SARS-CoV-2 virus. The guidance covers ""Supplemental Residual Antimicrobial Products"" and ""Residual Disinfectants"" which, unlike traditional disinfectants, are continually effective against viruses and bacteria for days and weeks after application. The EPA's review process for disinfectants typically lasts between four and 24 months under guidelines set by the Pesticide Registration Improvement Act.
Under the new guidance, EPA will accelerate the review process by one to two months for long-lasting disinfectants intended for use against the SARS-CoV-2 virus. Manufacturers must demonstrate that their product meets certain standards of efficacy prior to gaining approval. The agency began expediting the review process for long-lasting disinfectants immediately after releasing the draft guidance on October 14 but may revise the guidance after the end of the 60-day public comment period.",,,
306,,,11/2/2020,In effect,,,,,COVID-19,USAID,Agency for International Development,,Essential medical supply source requirements,10/23/2020,https://www.federalregister.gov/documents/2020/10/23/2020-16475/procurement-of-certain-essential-medical-supplies-to-address-the-covid-19-pandemic,,trump,progress,,,,,,10/23/2020,https://www.federalregister.gov/documents/2020/10/23/2020-16475/procurement-of-certain-essential-medical-supplies-to-address-the-covid-19-pandemic,,trump,progress,A temporary rule relaxing the source and nationality requirements for emergency medical supplies used during the COVID-19 pandemic.,"On October 23, 2020, the United States Agency for International Development (USAID) issued a temporary final rule allowing the agency to waive its source and nationality rules governing procurement of essential medical supplies used to fight COVID-19. Under normal circumstances, USAID must purchase equipment and supplies from a specific set of countries listed under Geographic Code 937, which include the United States, the cooperating/recipient county, and low-and middle-income developing countries. The temporary rule permits USAID to issue waivers broadening eligible source countries to include states with more advanced economies that are geographically close to the recipient country. It also allows the agency to source from outside these areas if the necessary supplies are unavailable or in short supply in the U.S. or countries listed under the guidelines. The temporary rule is effective October 23, 2020 through April 30, 2021.",,,
307,,,11/2/2020,In effect,,,,,Agriculture,USDA,Department of Agriculture,,Modifications to the Commodity Supplemental Food Program,10/23/2020,https://www.federalregister.gov/documents/2020/10/30/2020-23760/commodity-supplemental-food-program-implementation-of-the-agriculture-improvement-act-of-2018,,trump,progress,10/23/2020,https://www.federalregister.gov/documents/2020/10/30/2020-23760/commodity-supplemental-food-program-implementation-of-the-agriculture-improvement-act-of-2018,,trump,progress,10/23/2020,https://www.federalregister.gov/documents/2020/10/30/2020-23760/commodity-supplemental-food-program-implementation-of-the-agriculture-improvement-act-of-2018,,trump,progress,A rule revising the eligibility and certification requirements for the Commodity Supplemental Food Program.,"On October 30, 2020, the US Department of Agriculture released a final rule modifying the distribution of its Commodity Supplemental Food Program (CSFP). The CSFP provides nutritious foods to supplement the diets of low-income individuals over the age of 60. The rule implements a number of changes to CSFP that were included in the Agriculture Improvement Act of 2018 (otherwise known as the 2018 Farm Bill). These include lengthening the certification period for potential CSFP participants from less than six months to between one and three years, as well as updating the eligibility requirements for CSFP to reflect the prior phase out of women, infants, and children from the program. The rule is considered an E.O. 13771 deregulatory action and became effective on the day it was issued.",,,
308,,,11/24/2020,In rulemaking,,,,,"Children, Youth, and Families
Transportation","DoT, NHTSA","Department of Transportation, National Highway Traffic Safety Administration",,Vehicle child restraint systems,11/2/2020,https://www.federalregister.gov/documents/2020/11/02/2020-21477/federal-motor-vehicle-safety-standards-child-restraint-systems-incorporation-by-reference,,trump,progress,,,,,,,,,,,A rule updating safety testing protocol for child restraint systems.,"On November 2, 2020, the National Highway Traffic Safety Administration (NHTSA) issued a notice of proposed rulemaking that would adapt and streamline regulation of Child Restraint Systems (CRSs). NHTSA oversees CRS manufacturers' compliance with rigorous safety testing and also regulates the information included on CRS labels. The proposed rule would update the standards used by NHTSA.
Specifically, the rule would: eliminate testing scenarios involving seat assemblies typically seen in older vehicles; remove several test dummies and ""unrealistic scenarios"" from testing requirements for certain CRSs; loosen regulations regarding owner registration language and procedures; and lessen restrictions on how manufacturers must report height and weight recommendations on CRS packaging. The rule is expected to be an E.O. 13771 deregulatory action. Its comment period closes on April 5, 2021.",,,
309,,,11/24/2020,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,Phosphoric acid manufacturing emissions,4/7/2020,https://www.federalregister.gov/documents/2020/04/07/2020-06930/national-emission-standards-for-hazardous-air-pollutants-phosphoric-acid-manufacturing,,trump,progress,11/3/2020,https://www.federalregister.gov/documents/2020/11/03/2020-24280/national-emission-standards-for-hazardous-air-pollutants-phosphoric-acid-manufacturing,,trump,progress,11/3/2020,https://www.federalregister.gov/documents/2020/11/03/2020-24280/national-emission-standards-for-hazardous-air-pollutants-phosphoric-acid-manufacturing,,trump,progress,A rule amending NESHAP for the Phosphoric Acid Manufacturing source category.,"On November 3, 2020 EPA, along with finalized a rule amending Subpart AA of the national emission standards for hazardous air pollutants (NESHAP) for the Phosphoric Acid Manufacturing source category. In 2015, EPA previously established Maximum Achievable Control Technology (MACT)-based mercury emission limits for new and existing calciners within the Phosphoric Acid Manufacturing source category. The 2015 limits were based on emission data from the six identical calciners at a PCS Phosphate Company facility in Aurora, NC. The new rule combines the emission test results for the different calciners into a single database to set MACT floor emission limits for both new and existing sources. It also revises the mercury MACT floor for existing calciners. This rule is effective November 3, 2020 and is considered an E.O. 13771 deregulatory action.",,,
310,371,1,12/14/2021,In rulemaking,,,,Rulemaking - Overturning Trump,Health,HHS,Department of Health and Human Servives,Withdrawal of the HHS SUNSET clause,Withdrawal of the HHS SUNSET clause,11/4/2020,https://www.federalregister.gov/documents/2020/11/04/2020-23888/securing-updated-and-necessary-statutory-evaluations-timely,,trump,progress,1/19/2021,https://www.federalregister.gov/documents/2021/01/19/2021-00597/securing-updated-and-necessary-statutory-evaluations-timely,,trump,progress,3/22/2021,https://www.federalregister.gov/documents/2021/01/19/2021-00597/securing-updated-and-necessary-statutory-evaluations-timely,delayed,trump,progress,A rule setting automatic expiration dates for regulations issued by HHS.,"The Regulatory Flexibility Act of 1980, as well as various executive orders, require federal agencies to periodically review regulations and to eliminate or update regulations that are found to be outdated or overly burdensome. HHS issued a rule entitled “Securing Updated and Necessary Statutory Evaluations Timely” (“SUNSET rule”) to better comply with these requirements.","On November 4, 2020, the Department of Health and Human Services (HHS) published a notice of proposed rulemaking to implement expiration dates for the majority of regulations issued by the department. The rule would mandate that most rules issued by HHS expire after a period of two to ten years unless reviewed by the department. The final rule was published on January 19, 2021, on the last full day of the Trump administration.",,"Although the rule was scheduled to go into effect on March 22, 2021, President Biden’s HHS delayed the rule by a year before proposing a new rule to withdraw it (below)."
311,,,11/24/2020,In effect,,,,,Environmental,EPA,Environmental Protection Agency,,Coal combustion residuals,3/3/2020,https://www.federalregister.gov/documents/2020/03/03/2020-04033/hazardous-and-solid-waste-management-system-disposal-of-ccr-a-holistic-approach-to-closure-part-b,,trump,progress,11/12/2020,https://www.federalregister.gov/documents/2020/11/12/2020-23327/hazardous-and-solid-waste-management-system-disposal-of-ccr-a-holistic-approach-to-closure-part-b,,trump,progress,12/14/2020,https://www.federalregister.gov/documents/2020/11/12/2020-23327/hazardous-and-solid-waste-management-system-disposal-of-ccr-a-holistic-approach-to-closure-part-b,,trump,progress,A rule allowing alternate liners for coal combustion residual (CCR) facilities.,"On November 12, 2020 EPA finalized a rule allowing facilities to request an alternate liner for coal combustion residuals (CCR) surface impoundments. CCR are generated from the combustion of coal by electric utilities and independent power producers for the generation of electricity and include fly ash, bottom ash, boiler slag, and flue gas desulfurization materials. These materials are commonly referred to as coal ash.
In 2015, the agency previously promulgated national minimum criteria for existing and new CCR landfills and surface impoundment. On August 21, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in the case of Utility Solid Waste Activities Group v. EPA upholding most of the 2015 rule. The final rule alters EPA's definition of ""unlined"" CCR surface impoundments and establishes a two-step process for submission of the necessary documentation for the alternate liner demonstration. EPA will address provisions from the proposed rule not addressed in the final rule in a subsequent action. This rule is effective December 14, 2020 and is considered an E.O. 13771 deregulatory action.",,,
312,,,12/14/2020,In rulemaking,,,,,Health,DEA,Drug Enforcement Agency,,Prescription controlled substances,12/4/2020,https://www.federalregister.gov/documents/2020/12/04/2020-26291/partial-filling-of-prescriptions-for-schedule-ii-controlled-substances,,trump,progress,,,,,,,,,,,A rule regulating the partial filling of prescriptions for schedule II controlled substances.,"The Comprehensive Addition and Recovery Act of 2016 amended the Controlled Substances Act to allow for the partial filling of prescriptions for schedule II controlled substances under certain conditions. On December 4, 2020, the Drug Enforcement Administration proposed a rule amending its regulations to conform with the statute and to set forth corresponding regulatory requirements. The proposed rule would require practitioners to specify the quantity to be dispensed in the partial filling on the face of the written prescription, in the written record of the emergency oral prescription, or in the electronic prescription record. DEA expects this proposed rule will have an annual effect on the economy of $100 million or more in cost savings and therefore is an economically significant action. The rule is also expected to be an E.O. 13771 deregulatory action and comments close February 2. 2021.",,,
313,,,12/14/2020,In rulemaking,,,,,"Housing
Environmental",HUD,Department of Housing and Urban Development,,Flood insurance reform,11/23/2020,https://www.federalregister.gov/documents/2020/11/23/2020-25105/acceptance-of-private-flood-insurance-for-fha-insured-mortgages,,trump,progress,,,,,,,,,,,A rule expanding flood insurance options available to FHA-insured mortgage holders.,"The Flood Disaster Protection Act of 1973 requires that all recipients of federally insured mortgages purchase flood insurance. This encompasses mortgages backed by the Federal Housing Administration (FHA), the Department of Agriculture, the Department of Veterans Affairs, and the government-sponsored enterprises Fannie Mae and Freddie Mac. Currently, owners of properties located in Special Flood Hazard Areas (SFHAs) must fulfill this requirement by purchasing flood insurance through the federally sponsored National Flood Insurance Program (NFIP). Under the Biggert-Waters Act of 2012, recipients outside of SFHAs are permitted to forego NFIP coverage in favor of private flood insurance.
On November 23, 2020, FHA proposed a rule that would allow FHA-insured mortgage recipients in SFHAs to fulfill the mandatory purchase requirements using private flood insurance as well as NFIP insurance. The rule is expected to be an E.O. 13771 deregulatory action. Its comment period ends on January 22, 2021.",,,
314,,,12/14/2020,In rulemaking,,,,,"Health
Children, Youth, and Families","FNS, USDA","Food and Nutrition Service, Department of Agriculture",,School meal nutrition requirements,11/25/2020,https://www.federalregister.gov/documents/2020/11/25/2020-25761/restoration-of-milk-whole-grains-and-sodium-flexibilities,,trump,progress,,,,,,,,,,,A rule relaxing standards for meals provided through Child Nutrition Programs.,"In 2012, the Department of Agriculture's Food and Nutrition Service (FNS) updated its school meal requirements to achieve consistency with the Dietary Guidelines issued by the Health and Medicine Division of the National Academies of Science, Engineering, and Medicine. Among the updated requirements were new standards targeting milk, grain, and sodium served by Child Nutrition Programs (CNPs), including: a requirement that any flavored milk provided by schools be fat-free milk; a requirement that all grains served in school breakfast and lunch programs must be whole-grain rich; and a requirement that schools gradually reduce the sodium content in their meals over a period of 10 years according to benchmarks set by FNS.
In May 2017, FNS issued guidance relaxing the milk, whole grain, and sodium requirements for schools for the 2017-18 school year. FNS extended these flexibilities in an interim final rule published November 22, 2017 and made them permanent in a final rule final rule published December 28, 2020. In contrast from the 2012 standards, schools were permitted to provide low-fat flavored milk options in addition to fat-free options, and only had to ensure that half the grains they served were whole-grain rich. In addition, the guidance weakened the sodium reduction targets established by the 2012 standards and gave schools additional time to meet these targets.
The rule was challenged in court on April 3, 2019 by scientific and agricultural advocacy organizations, who alleged that the 2018 rule was unlawfully enacted under the Administrative Procedure Act. The US District Court for the District of Maryland vacated and remanded the 2018 rule in its April 2020 ruling on the case.
On November 25, 2020, FNS proposed a rule to reinstate the revised standards set out by the vacated 2018 final rule. The proposed rule's comment period closes on December 28, 2020.",,,
315,,,12/21/2020,In rulemaking,,,,,Environmental,DOI,Department of the Interior,,Arctic exploratory drilling regulations,12/9/2020,https://www.federalregister.gov/documents/2020/12/09/2020-25818/oil-and-gas-and-sulfur-operations-on-the-outer-continental-shelf-revisions-to-the-requirements-for,,trump,progress,,,,,,,,,,,A rule revising regulations for exploratory drilling on the Arctic Outer Continental Shelf.,"On December 9, 2020, the Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), and Bureau of Ocean Energy Management (BOEM) proposed a rule revising the existing regulations for exploratory drilling and related operations on the Arctic Outer Continental Shelf. In response to Executive Order 13795, ""Implementing an America-First Offshore Energy Strategy,"" and Secretary's Order 3350, ""America-First Offshore Energy Strategy,"" BSEE and BOEM undertook a review of the existing regulations. According to BOEM, there are approximately 23.6 billion barrels of undiscovered technically recoverable oil and about 104.4 trillion cubic feet of technically recoverable natural gas (mean estimates) off the Arctic Coast. The proposed rule is intended to revise the regulations promulgated through the previous 2016 Arctic Exploratory Drilling Rule, specifically those governing source control and containment equipment and sessional condition requirements, among others. The 2016 rule applied solely to exploratory drilling operations conducted during the Arctic OCS open-water drilling season by drilling vessels and jack-up rigs in the Beaufort Sea and Chukchi Sea Planning Areas. The proposed rule is an E.O. 13771 deregulatory action.",,,
316,,,12/21/2020,In effect,,,,,Transportation,DOT,Department of Transportation,,Traveling with service animals,2/5/2020,https://www.federalregister.gov/documents/2020/02/05/2020-01546/traveling-by-air-with-service-animals,,trump,progress,12/10/2020,https://www.federalregister.gov/documents/2020/12/10/2020-26679/traveling-by-air-with-service-animals,,trump,progress,1/11/2021,https://www.federalregister.gov/documents/2020/12/10/2020-26679/traveling-by-air-with-service-animals,,trump,progress,A rule regulating the air transport of service animals.,"The Department of Transportation issued a final rule on December 10, 2020 amending regulation on the transport of service animals by air. The Air Carrier Access Act (ACAA) prohibits discrimination in airline service based on disability. The rule amends a portion of ACAA regulations to allow airlines to recognize emotional support animals as pets, rather than service animals, and permits airlines to limit the number of service animals that one passenger can bring onboard an aircraft to two service animals. The rule also narrows the definition of service animal to dogs trained to perform tasks for an individual with a disability, excluding other types of animals. Finally, the rule requires passengers traveling with a service animal to complete an airline form attesting to the service animal's behavior, training, and health. It is considered an E.O. 13771 deregulatory action and is effective January 11, 2021.",,,
317,,,12/21/2020,In effect,,,,,Labor,DOL,Department of Labor,,Religious exemptions to the Equal Opportunity Clause,8/15/2019,https://www.federalregister.gov/documents/2019/08/15/2019-17472/implementing-legal-requirements-regarding-the-equal-opportunity-clauses-religious-exemption,,trump,progress,12/9/2020,https://www.federalregister.gov/documents/2020/12/09/2020-26418/implementing-legal-requirements-regarding-the-equal-opportunity-clauses-religious-exemption,,trump,progress,1/8/2021,https://www.federalregister.gov/documents/2020/12/09/2020-26418/implementing-legal-requirements-regarding-the-equal-opportunity-clauses-religious-exemption,,trump,progress,A rule expanding religious exemptions under the Civil Rights Act.,"On August 15, 2019, the Department of Labor (DoL) issued a notice of proposed rulemaking to amend its implementation of the Civil Rights Act's religious exemption for organizations receiving federal government contracts and subcontracts. Title VII of the Civil Rights Act of 1964 forbids discrimination in employment opportunity based on race, color, religion, sex, or national origin but creates an exception for religious employers that wish to employ individuals of a particular religion. E.O. 11246, enacted by President Lyndon Johnson in 1965, extends these protections to federal government contracting.
The final rule clarifies the scope and application of the religious exemption for government contractors in order to align with recent federal court decisions on Title VII. It redefines several key terms—including ""religion"" and ""religious corporation, association, educational institution, or society""—in order to extend the religious exemption to a broader list of organizations and activities. It also streamlines the criteria used by DoL to determine if an organization is eligible for the Title VII religious exemption, and clarifies that such organizations are eligible to receive federal government contracts. Finally, the rule allows religious contractors ""not only to prefer in employment individuals who share their religion, but also to condition employment on acceptance of or adherence to religious tenets as understood by the employing contractor."" DoL finalized this rule on December 9, 2020. The rule is considered an E.O. 13771 deregulatory action and is effective January 8, 2021.",,,
318,359,1,1/19/2022,Rescinded,,,,Rulemaking - Overturning Trump,Environmental,DoE,Department of Energy,Showerhead energy conservation standards,Showerhead energy conservation standards,8/13/2020,https://www.federalregister.gov/documents/2020/08/13/2020-15749/energy-conservation-program-test-procedure-for-showerheads,,trump,progress,12/16/2020,https://www.federalregister.gov/documents/2020/12/16/2020-27280/energy-conservation-program-definition-of-showerhead,,trump,progress,1/15/2021,https://www.federalregister.gov/documents/2020/12/16/2020-27280/energy-conservation-program-definition-of-showerhead,rescinded,trump,progress,A rule clarifying water usage standards for showerheads with multiple nozzles.,"Under the Energy Policy and Conservation Act (EPCA), showerheads are defined as “any showerhead (including a handheld showerhead), except a safety showerhead” and are subject to a maximum water use threshold of 2.5 gallons per minute. In the case of multi-nozzle shower systems, the definition does not specify whether the term and usage limits apply to each single nozzle or to the system as a whole. In May 2010, the Obama administration Department of Energy (DoE) issued a notice of availability of a proposed interpretive rule to clarify the EPCA definition. The draft interpretive rule indicated that the term “showerhead” referred to the entire plumbing system, rather than the individual fixture. On August 13, 2020, the Trump administration DoE issued a notice of proposed rulemaking to once again revise the definition of “showerhead.” This rule was finalized December 16, 2020.","The 2020 DoE rule adopted the definition of “showerhead” released by the American Society of Mechanical Engineers in 2018, which treats each nozzle in a showerhead system as a separate unit. To comply with EPCA water usage standards, the manufacturer must only demonstrate that the system meets the 2.5 gallon per minute standard when one nozzle is turned on. This is in contrast to the 2020 interpretive rule, under which a showerhead with multiple nozzles would be found to be noncompliant with EPCA’s water usage standards if the combined wager usage of all nozzles exceeded 2.5 gallons per minute, even if each nozzle met the standard on its own.",,"On July 22, 2021, the Biden administration DoE issued a notice of proposed rulemaking to revise this definition, effective January 19, 2022 (below)."
319,,,1/12/2021,In effect,,,,,"COVID-19
Labor
Immigration",DHS,Department of Homeland Security,,Temporary H-2A visa flexibilities,4/20/2020,https://www.federalregister.gov/documents/2020/04/20/2020-08356/temporary-changes-to-requirements-affecting-h-2a-nonimmigrants-due-to-the-covid-19-national,,trump,progress,4/20/2020,https://www.federalregister.gov/documents/2020/04/20/2020-08356/temporary-changes-to-requirements-affecting-h-2a-nonimmigrants-due-to-the-covid-19-national,,trump,progress,4/20/2020,https://www.federalregister.gov/documents/2020/04/20/2020-08356/temporary-changes-to-requirements-affecting-h-2a-nonimmigrants-due-to-the-covid-19-national,,trump,progress,A rule temporarily relaxing H-2A program requirements for employers and workers.,"The H-2A visa program allows employers that require ""temporary or seasonal"" agricultural labor to sponsor temporary visas for foreign workers to meet their needs. In order to hire an H-2A worker, the employer must obtain a Temporary Labor Certificate (TLC) from the Department of Labor that signifies that employing a foreign worker will not negatively impact the wages and working conditions of U.S. laborers as there is a lack of U.S. workers who are willing and able to fulfill the employer's needs. Workers that qualify for an H-2A visa are then authorized to stay in the U.S. while the temporary or seasonal labor is being completed, typically for no more than a year. After the position ends, the H-2A worker can remain in the U.S. for a period of up to 30 days, during which they may apply for an extension or for another H-2A position. The maximum period that a worker can stay in the U.S. under an H-2A visa is 3 years.
Due to the COVID-19 public health emergency, U.S. Citizenship and Immigration Services (USCIS) revised H-2A program regulations to afford both agricultural employers and workers greater flexibility. Prior to the pandemic, employers had to obtain a new TLC each time they applied to sponsor new H-2A visas. USCIS has relaxed this requirement such that any employer that has a valid TLC can begin employing H-2A workers immediately after filing an H-2A petition. In addition, workers under an H-2A visa are now authorized to remain in the U.S. for up to 45 days following the end of their position and eases the process to transition between H-2A employers. These flexibilities were first enacted on April 20, 2020, and were extended in August 2020 and December 2020; they are currently effective until June 16, 2021.",,,
321,,,1/19/2021,In rulemaking,,,,,Housing,HUD,Department of Housing and Urban Development,,NSPIRE housing guidelines,1/13/2021,https://www.federalregister.gov/documents/2021/01/13/2021-00098/economic-growth-regulatory-relief-and-consumer-protection-act-implementation-of-national-standards,,trump,progress,,,,,,,,,,,A rule introducing new standards for defining and assessing housing quality.,"The Department of Housing and Urban Development (HUD) currently utilizes two different sets of standards to assess housing quality across its different housing programs: the Housing Quality Standards and the Uniform Physical Condition Standards. Housing standards for the same program are often divided between the two, as well as spread across other rules, making it difficult to find and understand the requirements for different programs. In August 2019, HUD announced the implementation of National Standards for the Physical Inspection of Real Estate (NSPIRE), an effort to streamline and modernize housing quality standards.
On January 13, 2021, HUD proposed a rule that introduces preliminary standards for NSPIRE. The rule outlines the process through which HUD will implement specific NSPIRE standards, scoring, and processes. It also makes several other changes to HUD quality inspection, including reducing the number of categories of inspectable areas, implementing a new self-inspection requirement for some types of HUD housing, and establishing an administrative process for dealing with health and safety deficiencies. The rule is expected to be an E.O. 13771 deregulatory action. HUD is accepting comments on the rule until March 15, 2021.",,,
322,323,1,1/6/2022,Rescinded,,,,Rulemaking - Overturning Trump,"Agriculture
Environmental",DoI,Department of the Interior,Take of Migratory Birds,Take of migratory birds,2/3/2020,https://www.federalregister.gov/documents/2020/02/03/2020-01771/regulations-governing-take-of-migratory-birds,,trump,progress,1/7/2021,https://www.federalregister.gov/documents/2021/01/07/2021-00054/regulations-governing-take-of-migratory-birds,,trump,progress,2/9/2021,https://www.federalregister.gov/documents/2021/02/09/2021-02667/regulations-governing-take-of-migratory-birds-delay-of-effective-date,rescinded,biden,block,"A rule defining actions directed at migratory birds, their nests, or their eggs","The Migratory Bird Treaty Act (MBTA) prohibits a wide variety of actions that harm migratory birds, including hunting, trading, or transporting migratory birds, their nests, or their eggs. Under the MBTA's current interpretation, companies are considered in violation of the rule if they undertake any such actions, regardless of the action's intentionality.","The Fish and Wildlife Service in the Department of the Interior (DoI) published this rule to change the scope of the MBTA to only ban actions intentionally directed at harming migratory birds. The incidental take of migratory birds would no longer be subject to the same penalties. The rule was scheduled to go into effect on February 9, 2021.","Twelve states challenged the rule in the U.S. District Court for the Southern District of New York.","This rule is considered an E.O. 13771 deregulatory action. The Biden administration DoI delayed the effective date of the rule and issued a request for public comment before publishing a new rule to rescind it (below)."
323,322,2,1/6/2022,Rescinded,,,,Rulemaking - Overturning Trump,"Agriculture
Environmental",DoI,Department of the Interior,Take of Migratory Birds,Rescission,5/7/2021,https://www.federalregister.gov/documents/2021/05/07/2021-09700/regulations-governing-take-of-migratory-birds-proposed-rule,,biden,progress,10/04/2021,https://www.federalregister.gov/documents/2021/10/04/2021-21473/regulations-governing-take-of-migratory-birds-revocation-of-provisions,,biden,progress,12/3/2021,https://www.federalregister.gov/documents/2021/10/04/2021-21473/regulations-governing-take-of-migratory-birds-revocation-of-provisions,,biden,progress,"A rule revoking Trump-era actions directed at migratory birds, their nests, or their eggs.","On 7 May, 2021, DoI proposed to revoke the Trump-era take of migratory birds rule that would change the scope of the MBTA to only ban actions intentionally directed at harming migratory birds. This revocation went into effect on December 3, 2021.",This action restores protections for birds by implementing the MBTA as prohibiting incidental take or accidental killings of birds.,,
324,,,11/18/2021,Rescinded,,,,Rulemaking - Overturning Trump,Environmental,EPA,Environmental Protection Agency,,Benefit-Cost Rule,6/11/2020,https://www.federalregister.gov/documents/2020/06/11/2020-12535/increasing-consistency-and-transparency-in-considering-benefits-and-costs-in-the-clean-air-act,,trump,progress,12/23/2020,https://www.federalregister.gov/documents/2020/12/23/2020-27368/increasing-consistency-and-transparency-in-considering-benefits-and-costs-in-the-clean-air-act,,trump,progress,5/14/2021,https://www.federalregister.gov/documents/2021/05/14/2021-10216/rescinding-the-rule-on-increasing-consistency-and-transparency-in-considering-benefits-and-costs-in,rescinded,biden,block,A rule standardizing the criteria for benefit-cost analyses under the Clean Air Act.,"The Clean Air Act (CAA) requires that the Environmental Protection Agency (EPA) undertake a benefit-cost analysis when promulgating new rules under the law. EPA finalized a rule on December 23, 2020 that would standardize such analyses for future rules.","The rule defines specific criteria that EPA must use to calculate benefits and costs of implementing any new rule under the CAA. Most controversially, the rule requires that analysis of the economic costs of a new rule incorporate any indirect costs, but that analysis of the benefits of a new rule exclude any indirect ""co-benefits.""",,"On May 14, 2021, the Biden administration released an interim final rule rescinding the Benefit-Cost rule. The rescission went into effect June 14, 2021."
325,304,2,11/18/2021,In rulemaking,,,,Rulemaking - Overturning Trump,Labor,DoL,Department of Labor,"On March 4, 2021, DoL delayed the effective date of the rule to May 7, 2021. The rule was later withdrawn (below).",Withdrawal,3/12/2021,https://www.federalregister.gov/documents/2021/03/12/2021-05256/independent-contractor-status-under-the-fair-labor-standards-act-withdrawal,,biden,progress,5/6/2021,https://www.federalregister.gov/documents/2021/05/06/2021-09518/independent-contractor-status-under-the-fair-labor-standards-act-flsa-withdrawal,,biden,progress,5/6/2021,https://www.federalregister.gov/documents/2021/05/06/2021-09518/independent-contractor-status-under-the-fair-labor-standards-act-flsa-withdrawal,,biden,progress,Withdrawal of new standards for determining Independent Contractor status.,"On March 12, 2021, DoL issued a notice of proposed rulemaking to withdraw the rule determining independent contractor status under the FLSA. The withdrawal was finalized on May 6, 2021.","After the withdrawal was finalized, the Wage and Hour Division of DoL reverted to prior guidance issued by the department to determine independent contractor or employee status, including the use of multifactor economic realities analysis.",,
326,,,11/18/2021,In effect,,Other,"Executive memo from President Biden January 20, 2021",Executive order - Overturning Trump,Other,White House,,,Regulatory freeze,,,,,,,,,,,,,,,,A memo temporarily pausing all agency rulemaking.,"The agency rulemaking process usually occurs over a period of several months as agencies propose rules, refine rules based on public comment, and finalize rules. On January 20, President Biden issued an executive memo ordering an immediate freeze in the rulemaking process.","The memo took several steps to halt the progress of rules introduced by Trump administration officials. It prevented all agencies from proposing or issuing new rules until a new agency head was in place, and required agencies to rescind rules scheduled for publication in the Federal Register. The memo also asked agency heads to delay and review rules that had been published in the Federal Register but had not yet taken effect.",,
327,198,2,11/18/2021,In effect,,,,Rulemaking,Labor,DoL,Department of Labor,Joint Employer Status: Fair Labor Standards Act,Rescission,3/12/2021,https://www.federalregister.gov/documents/2021/03/12/2021-04867/rescission-of-joint-employer-status-under-the-fair-labor-standards-act-rule,,biden,progress,,,,,,,,,,,"A rule rescinding a Trump-era rule that narrowed the definition of ""joint-employer status.""","Under the Fair Labor Standards Act (FLSA), employers deemed to be ""joint employers"" of an employee are jointly and severally liable for all of the employee's wages. This rule rescinds a Trump rule that narrowed the definition of ""joint employer status,"" stating the need for further review of the rule's statutory provisions and its effects on workers.","The joint employer status helps determine which employers are liable for worker benefits. If finalized, this rule will fully rescind the Trump administration's rule that reduced the instances in which businesses can be deemed joint employers.",,
329,330,1,11/18/2021,Rescinded,,Other,"Rescission issued by Biden administration March 19, 2021",Guidance,"Financial
COVID-19",CFPB,Consumer Financial Protection Bureau,,CFPB rescission of policy statements,,,,,,,,,,,,,,,,A series of policy statements providing flexibility to financial institutions during the COVID-19 pandemic.,"Congress defined abusive acts or practice by providers of financial services in the Dodd-Frank act and granted CFPB powers to supervise and enforce these practices. On January 24, 2020, the Trump-era CFPB issued a policy statement providing a framework for the applicability of this authority. On March 19, 2021, the Biden administration rescinded this policy statement.",The Trump-era CFPB stated that it intended to reduce uncertainty for financial service providers by offering clarity on the applicability of the abusiveness standards. The rescission by the Biden administration claimed that the Trump-era policy was inconsistent with CFPB's mandates and expects the rescission to better protect consumers.,,
330,329,2,11/18/2021,Rescinded,,Other,"Rescissions issued by Biden administration March 31, 2021",Guidance,"Financial
COVID-19",CFPB,Consumer Financial Protection Bureau,,COVID-19 temporary policy statements,,,,,,,,,,,,,,,,Rescission of policy statements providing flexibility to financialinstitutions during the COVID-19 pandemic.,"Between March 26, 2020 and June 3, 2020, the Trump-era CFPB issued a series of statements to temporarily provide financial institutions with flexibility in meeting certain compliance requirements during the pandemic. On March 31, 2021, the Biden-era CFPB rescinded these policy statements.","In issuing its rescission, CFPB reinforced its commitment to consumer protection and stated that ""Because many financial institutions have developed more robust remote capabilities and demonstrated improved operations, it is no longer prudent to maintain these flexibilities.""",,
331,,,11/18/2021,In effect,,,,Rulemaking - Delaying Trump,"Health
Housing
Environmental",EPA,Environmental Protection Agency,,Lead and copper drinking water rule revisions,11/13/2019,https://www.federalregister.gov/documents/2019/11/13/2019-22705/national-primary-drinking-water-regulations-proposed-lead-and-copper-rule-revisions,,trump,progress,1/15/2021,https://www.federalregister.gov/documents/2021/01/15/2020-28691/national-primary-drinking-water-regulations-lead-and-copper-rule-revisions,,trump,progress,3/16/2021,https://www.federalregister.gov/documents/2021/03/12/2021-05271/national-primary-drinking-water-regulations-lead-and-copper-rule-revisions-delay-of-effective-date,delayed,trump,progress,A rule revising regulations controlling lead and copper in drinking water.,"The Environmental Protection Agency first published a regulation to control lead and copper in drinking water in 1991. The final Trump-era rule revised these regulations. It required community water systems to conduct lead-in-drinking water testing and required cities to notify residents of potential lead exposure within 24 hours. Additionally, it reduced the rate at which water systems are mandated to replace lead service lines.","The final rule sped notification to homeowners who are drinking lead-tainted water but did not force cities to move quickly to replace the lead pipes that deliver it. It received modest praise for improving lead and copper standards but also received strong criticism for not being stringent enough and for increasing the time needed for lead service replacement. The delay will allow EPA to review the rule accordingly and allow sufficient time for public comments.",,"The Biden Administration delayed the effective date of the rule by nine months to December 16, 2021."
332,185,2,11/18/2021,In effect,,,,Rulemaking - Delaying Trump,Health,HHS,Department of Health and Human Services,,Revisions reinstating funding,4/15/2021,https://www.federalregister.gov/documents/2021/04/15/2021-07762/ensuring-access-to-equitable-affordable-client-centered-quality-family-planning-services,,biden,progress,10/7/2021,https://www.federalregister.gov/documents/2021/10/07/2021-21542/ensuring-access-to-equitable-affordable-client-centered-quality-family-planning-services,,biden,progress,11/8/2021,https://www.federalregister.gov/documents/2021/10/07/2021-21542/ensuring-access-to-equitable-affordable-client-centered-quality-family-planning-services,,biden,progress,A rule reinstating Title X funding to clinics that provide abortions or abortion referrals.,"On April 15, 2021, HHS proposed to revise its prior rule to reinstate Title X funding to clinics that provide abortions or abortion referrals.","The rule estimates that the 2019 rule that the revisions strike down may have led to 181,477 unintended pregnancies and loss of about 1,000 service sites. The new revisions will improve access to abortion and affect groups like Planned Parenthood.",,
333,334,1,11/18/2021,In effect,,,,Rulemaking - Overturning Trump,"COVID-19
Health",HHS,Department of Health and Human Services,Vaccine Injury Compensation Program,Vaccine Injury Compensation Program,7/20/2020,https://www.federalregister.gov/documents/2020/07/20/2020-15673/national-vaccine-injury-compensation-program-revisions-to-the-vaccine-injury-table,,trump,progress,1/21/2021,https://www.federalregister.gov/documents/2021/01/21/2021-01211/national-vaccine-injury-compensation-program-revisions-to-the-vaccine-injury-table,,trump,progress,2/22/2021,https://public-inspection.federalregister.gov/2021-03747.pdf,delayed,biden,block,A rule removing shoulder injuries and fainting as covered injuries under the national vaccine injury compensation program.,"The National Vaccine Injury Compensation Program (VICP) allows individuals injured by VICP-covered vaccines to petition for federal compensation. The Vaccine Injury Table sets the criteria that determine if an individual is eligible for compensation under VICP. On January 21, 2021, a final rule from the Trump administration was published in the Federal Register.",The rule sought to remove two injuries from the Vaccine Injury Table: Shoulder Injury Related to Vaccine Administration (SIRVA) and vasovagal syncope. This rule would make it more difficult for people who suffer shoulder injuries or faint after vaccination to receive compensation.,,"The effective date of this rule was delayed by the Biden administration from February 22, 2021 to April 23, 2021. The day before this rule was to go into effect, Biden's new rule overturned it (below)."
334,333,2,11/18/2021,In effect,,,,Rulemaking - Overturning Trump,"COVID-19
Health",HHS,Department of Health and Human Services,"The effective date of this rule was delayed by the Biden administration from February 22, 2021 to April 23, 2021.",Table revision rescission,3/17/2021,https://www.federalregister.gov/documents/2021/03/17/2021-05486/national-vaccine-injury-compensation-program-revisions-to-the-vaccine-injury-table,,biden,progress,4/22/2021,https://www.federalregister.gov/documents/2021/04/22/2021-08478/national-vaccine-injury-compensation-program-rescission-of-revisions-to-the-vaccine-injury-table,,biden,progress,4/22/2021,https://www.federalregister.gov/documents/2021/04/22/2021-08478/national-vaccine-injury-compensation-program-rescission-of-revisions-to-the-vaccine-injury-table,,biden,progress,Rescinding a Trump-era rule that would have made it more difficult for people who suffer shoulder injuries or faint after vaccination to get compensated.,This rule rescinds a Trump-era rule that sought to remove two injuries from the Table: Shoulder Injury Related to Vaccine Administration (SIRVA) and vasovagal syncope.,"This rescinds a Trump-era rule that would have made it more difficult for people who suffer shoulder injuries or faint after vaccination to get compensated.",,
335,"151,336",2,1/3/2022,Rescinded,,,,"Rulemaking - Overturning Trump
Legislation",Labor,DoL,Department of Labor,Tip Credit Rule,Reversal and Replacement,10/8/2019,https://www.federalregister.gov/documents/2019/10/08/2019-20868/tip-regulations-under-the-fair-labor-standards-act-flsa,,trump,progress,12/30/2020,https://www.federalregister.gov/documents/2020/12/30/2020-28555/tip-regulations-under-the-fair-labor-standards-act-flsa,,trump,progress,3/1/2021,https://www.federalregister.gov/documents/2021/04/29/2021-08927/tip-regulations-under-the-fair-labor-standards-act-flsa-delay-of-effective-date,withdrawn,biden,block,A rule revising prior changes to FLSA tip credit regulations.,"The Consolidated Appropriations Act of 2018 included a provision (Section 1201) that invalidated DoL's proposed revision to the Tip Credit Rule; the law explicitly states, ""An employer may not keep tips received by its employees for any purposes."" In response, DoL proposed a new rule in October 2019 to update tip regulations and to rescind the 2017 rule. The department finalized this rule in December 2020, and the rule was expected to go into effect March 1, 2021.","The new rule made 3 major changes to DoL tip regulations: (1) incorporating statutory language from the 2018 Consolidated Appropriations Act banning employers from keeping employees' tips, (2) allowing employers that do not take a tip credit to install mandatory tip pools that share tips between tipped and untipped employees, and (3) allowing employers to take a tip credit for hours of untipped work performed by tipped employees. DoL estimated that the rule would result in a $109 million transfer from employees to employers, as the relaxed regulations surrounding tip pools would allow employers to lower wages for untipped employees.",,"This rule was classified as an E.O. 13771 deregulatory action. The Biden administration delayed the effective date of this rule to April 30, 2021, with several key portions further delayed to December 31, 2021. On December 28, 2021, DoL withdrew this rule (below)."
336,"151,335",3,1/3/2022,Rescinded,,,,"Rulemaking - Overturning Trump
Legislation",Labor,DoL,Department of Labor,Tip Credit Rule,Rescission of new rule,3/25/2021,https://www.federalregister.gov/documents/2021/03/25/2021-06245/tip-regulations-under-the-fair-labor-standards-act-flsa-partial-withdrawal,,biden,progress,10/29/2021,https://www.federalregister.gov/documents/2021/10/29/2021-23446/tip-regulations-under-the-fair-labor-standards-act-flsa-partial-withdrawal,,biden,progress,12/28/2021,https://www.federalregister.gov/documents/2021/10/29/2021-23446/tip-regulations-under-the-fair-labor-standards-act-flsa-partial-withdrawal,,biden,progress,A rule rescinding portions of a Trump-era rule regulating the FLSA tip credit.,"On March 25, 2021, DoL published a notice of proposed rulemaking to withdraw portions of the 2020 tip regulation rule. The final rule went into effect on December 28, 2021.","This rule withdrew two portions of the 2020 rule, both relating to the civil monetary penalties paid by employers for violating statutory tip regulations.",,
337,,,1/31/2022,In effect,,,,Rulemaking,Financial,CFPB,Consumer Financial Protection Bureau,,Debt Collection Rule,5/21/2019,https://www.federalregister.gov/documents/2019/05/21/2019-09665/debt-collection-practices-regulation-f,,trump,progress,1/19/2021,https://www.federalregister.gov/documents/2021/01/19/2020-28422/debt-collection-practices-regulation-f,,trump,progress,11/30/2021,https://www.federalregister.gov/documents/2021/01/19/2020-28422/debt-collection-practices-regulation-f,,trump,progress,A rule updating restrictions on the behaviors of debt collectors.,"The Fair Debt Collection Practices Act (FDCPA), passed in 1977, imposes restrictions on behaviors debt collectors can undertake to collect consumer debt. Under the FDCPA, debt collectors are prohibited from harassing consumers, contacting a consumer's friends, family, or place of work, and debt collectors must operate under certain rules regarding how they may contact consumers to collect on debt. The Consumer Financial Protection Bureau (CFPB) interprets and implements these guidelines under Regulation F. In November 2020 and January 2021, respectively, CFPB passed two new rules to update Regulation F.","The new rules propose to update Regulation F to reflect innovation in communications technologies since 1977. They define harassment, and impose restrictions on how often debt collectors can call a consumer. The rules also introduce new restrictions on how and how often debt collectors can contact consumers through text, email, and social media.",,"The Biden administration planned to delay the effective date of these rules by 60 days to January 29, 2022, but rescinded this delay. These rules went into effect on November 30, 2021."
338,13,2,1/6/2022,In rulemaking,,,,Rulemaking - Overturning and replacing Trump,"Environmental
Transportation","EPA, DoT",Environmental Protection Agency; Department of Transportation,CAFE standards: State waivers,Reinstatement of states' right to set separate emissions standards,5/12/2021,https://www.federalregister.gov/documents/2021/05/12/2021-08758/corporate-average-fuel-economy-cafe-preemption,,biden,progress,12/29/2021,https://www.federalregister.gov/documents/2021/12/29/2021-28115/corporate-average-fuel-economy-cafe-preemption,,biden,progress,,,,,,A set of rules reconsidering California's emissions waiver and partially rescinding Part I of the SAFE Vehicles Rule.,"On April 28, 2021, EPA announced that it was reconsidering its prior withdrawal of California's waiver. On May 12, 2021, DoT published a notice of proposed rulemaking to rescind Part I of the SAFE Vehicles rule. The final rule was published on December 29, 2021.","The two actions by EPA and DoT would reverse the Trump administration's policy of the supremacy of federal emissions standards over state-level regulations. If the waiver is granted, California would be able to reinstate its prior, more stringent emissions standards, and states that had adopted California's standards would be able to do so again. The repeal of Part I of the SAFE Vehicles rule would allow states to set their own greenhouse gas emissions standards if they choose, even if the emissions standards conflict with CAFE standards enacted by DoT.",,
339,,,11/18/2021,In effect,,,,Other,Environmental,EPA,Environmental Protection Agency,,Cross-state air pollution rule revisions,10/30/2020,https://www.federalregister.gov/documents/2020/10/30/2020-23237/revised-cross-state-air-pollution-rule-update-for-the-2008-ozone-naaqs,,trump,progress,4/30/2021,https://www.federalregister.gov/documents/2021/04/30/2021-05705/revised-cross-state-air-pollution-rule-update-for-the-2008-ozone-naaqs,,biden,progress,6/29/2021,https://www.federalregister.gov/documents/2021/04/30/2021-05705/revised-cross-state-air-pollution-rule-update-for-the-2008-ozone-naaqs,,biden,progress,A rule updating regulations on cross-state air pollution.,"EPA revised the Cross-State Air Pollution Rule (CSAPR) by issuing new or amended Federal Implementation Plans in 12 states to address air quality impacts of the interstate ozone air pollution in the eastern US. Starting in the 2021 ozone season, the rule will require additional emissions reductions of nitrogen oxides (NOx) from power plants in the 12 upwind states to reduce the impact of their pollution on air quality in downwind states.","EPA estimates that the rule will reduce NOx emissions from power plants by 17,000 tons in 2021 compared to projections without the rule, yielding average public health and climate benefits that are valued at up to $2.8 billion each year from 2021 to 2040.","This rulemaking responds to a September 2019 ruling the the D.C. Circuit US Court of Appeals in Wisconsin v. EPA, which ordered EPA to rework its rule to ensure that upwind states reduce air pollution so that their downwind neighbors can meet federal ozone standards.",
340,341,1,11/18/2021,Rescinded,,,,Rulemaking - Overturning Trump,"Labor
Immigration",DHS,Department of Homeland Security,International Entrepreneur Rule,International Entrepreneur Rule,8/31/2016,https://www.federalregister.gov/documents/2016/08/31/2016-20663/international-entrepreneur-rule,,obama,progress,1/17/2017,https://www.federalregister.gov/documents/2017/01/17/2017-00481/international-entrepreneur-rule,,obama,progress,7/17/2017,https://www.federalregister.gov/documents/2017/01/17/2017-00481/international-entrepreneur-rule,delayed,obama,progress,A rule creating a parole program to provide opportunities for foreign entrepreneurs.,"The International Entrepreneur Rule (IE rule) permits the Department of Homeland Security (DHS) Secretary to offer parole for people who could provide a ""significant public benefit"" by starting businesses with high growth potential in the country. This rule was finalized by the Obama administration on Jan 17, 2017 and was scheduled to take effect on July 17, 2017.","This rule creates opportunities for foreign entrepreneurs. According to DHS, this rule would ""increase and enhance entrepreneurship, innovation, and job creation in the United States.""","The effective date of the IE rule was delayed to March 14, 2018 by the Trump-era DHS. However, a federal court vacated this delay in December 2017.",
341,340,2,11/18/2021,Rescinded,,,,Rulemaking - Overturning Trump,"Labor
Immigration",DHS,Department of Homeland Security,International Entrepreneur Rule,Removal,5/29/2018,https://www.federalregister.gov/documents/2018/05/29/2018-11348/removal-of-international-entrepreneur-parole-program,,trump,progress,5/11/2021,https://www.federalregister.gov/documents/2021/05/11/2021-09609/removal-of-international-entrepreneur-parole-program,,biden,block,,,,,,"A rule rescinding the International Entrepreneur Parole Program, which created opportunities for foreign entrepreneurs.","On May 29, 2018, The Trump-era DHS proposed to end the IE parole program, stating that ""this program is not the appropriate vehicle for attracting and retaining international entrepreneurs."" On May 11, 2021, the Biden-era DHS withdrew the proposed removal.","The withdrawal of 2018 proposed rule continues the IE parole program. In its announcement, the U.S. Citizenship and Immigration Services note that this program ""will help to strengthen and grow our nation's economy through increased capital spending, innovation, and job creation.""",,"A range of attorneys and social scientists published a piece on the Brookings website recommending policies for the DHS to support international entrepreneurs. In this piece, the authors agree with the May 11 withdrawal and suggest that DHS take this opportunity to issue a broader immigration agenda for international entrepreneurs to support job creation and economic recovery."
342,,,11/18/2021,Rescinded,,Other,Series of executive orders from President Biden,Executive order - Overturning Trump,Other,White House,,,Revocation of Trump-era executive orders,,,,,,,,,,,,,,,,Series of actions revoking certain executive orders signed by President Trump.,"Through a series of actions, President Biden has been revoking Trump-era executive orders. So far, he has revoked 44 out of 219 executive orders signed by President Trump. Among the revoked orders is E.O. 13771, or the ""two for one rule,"" which informed the Trump administration's deregulatory agenda and inspired this tracker.","Bridget Dooling examined these early executive actions by President Biden, highlighting that by revoking Trump-era regulatory actions, President Biden is uprooting policies that are not aligned with the Biden-Harris administration's goals.",,"The following executive orders (E.O.s) by President Biden revoke Trump-era E.O.s (the brackets indicate the number of E.O.s revoked): E.O. 13985 (2), E.O. 13986 (1), E.O. 13990 (10), E.O. 13992 (6), E.O. 13993 (1), E.O. 14003 (4), E.O. 14005 (2), E.O. 14007 (1), E.O. 14009 (2), E.O. 14010 (1), E.O. 14011 (1), E.O. 14013 (2), E.O. 14015 (1), E.O. 14016 (1), E.O. 14018 (5), E.O. 14022 (1), E.O. 14025 (2), and E.O. 14026 (1). All of President Biden's executive orders can be found here."
343,,,11/18/2021,In effect,,Other,"Executive order from President Biden January 28, 2021",Executive order - Biden new,Health,White House,,,Executive order strengthening the Affordable Care Act,,,,,,,,,,,,,,,,An executive order improving healthcare access during the pandemic and directing review of regulations that limit access to healthcare.,"On January 28, 2021, President Biden signed Executive Order (E.O.) 14009 entitled ""Strengthening Medicaid and the Affordable Care Act."" Notably, this E.O. directs the Department of Health and Human Services (HHS)to create a special enrollment period for the Affordable Care Act (ACA) and directs federal agencies to review existing regulations that limit access to healthcare.","Through this EO, the Biden administration hopes to make ""high-quality healthcare accessible and affordable."" The special enrollment period will give individuals impacted by the pandemic an opportunity to seek coverage.",,"In response to this EO, HHS announced a new special enrollment period from February 15, 2021 to May 15, 2021."
344,,,12/2/2021,In effect,,Other,"Executive order from President Biden February 4, 2021",Executive order - Overturning Trump,Immigration,White House,,Rebuilding refugee resettlement programs,Rebuilding refugee resettlement programs,,,,,,,,,,,,,,,,An executive order increasing the limit on refugee admissions.,"On February 4, 2021, President Biden signed Executive Order 14013 entitled ""Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration."" Through this EO, President Biden promised to rebuild and expand the US Refugee Admissions Program.","In the speech announcing this EO, President Biden stated that his administration will raise the annual cap on refugee admissions to 125,000 for fiscal year 2022, which was cut by President Trump to only 15,000 slots in 2020. On October 8, 2021, Biden issued a presidential determination which provided specifics on the origin of these refugees.",,
345,,,11/18/2021,Rescinded,,,,Rulemaking - Overturning Trump,"COVID-19
Immigration",DHS,Department of Homeland Security,,Affidavit of support on behalf of immigrants,10/2/2020,https://www.federalregister.gov/documents/2020/10/02/2020-21504/affidavit-of-support-on-behalf-of-immigrants,,trump,progress,3/22/2021,https://www.federalregister.gov/documents/2021/03/22/2021-05427/affidavit-of-support-on-behalf-of-immigrants,withdrawn,biden,block,,,,,,A rule imposing increased evidentiary requirements on immigrant sponsors.,"If an individual sponsors the immigration of a family member or a friend, the sponsoring individual may in some cases have to sign an affidavit of support promising to provide financial support to the immigrant and accepting liability for reimbursing costs for any public benefits that the immigrant receives. On October 2, 2020, the Department of Homeland (DHS) Security proposed a rule changing evidentiary requirements for sponsorship, including production of tax records, bank information, and credit reports. On March 22, 2021, the Biden-era DHS withdrew the proposed rule.",The proposed rule would have imposed more stringent evidentiary requirements on sponsors.,,"DHS withdrew this rule to remain consistent with Biden's E.O. 14012, "" ""Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans."""
346,,,1/6/2022,In rulemaking,,,,Rulemaking - Delaying Trump,"COVID-19
Immigration","DHS, DoJ",Department of Homeland Security,,Security Bars rule for asylum seekers,7/9/2020,https://www.federalregister.gov/documents/2020/07/09/2020-14758/security-bars-and-processing,,trump,progress,12/23/2020,https://www.federalregister.gov/documents/2020/12/23/2020-28436/security-bars-and-processing,,trump,progress,1/22/2021,https://www.federalregister.gov/documents/2021/03/22/2021-05931/security-bars-and-processing-delay-of-effective-date,delayed,trump,progress,A rule restricting asylum access for individuals from countries with contagious disease outbreaks.,"On December 23, 2020, the Department of Homeland Security and Department of Justice (henceforth collectively referred to as ""the Departments"") collectively finalized a rule restricting asylum access on the pretext of public health concerns.","The rule would allow classifying asylum seekers coming from a place where a contagious disease is prevalent as a threat to US national security. Accordingly, it would allow the Departments to ban asylum or withdraw witholding of removal of any individual who passed through a country with a COVID-19 outbreak.",,"Several organizations filed comments opposing this rule. The American Immigration Council noted that this rule ""violates America's responsibility to avoid deporting people to places where they will be persecuted and is in violation of domestic and international law."" Doctors Without Borders stated that ""In addition to being discriminatory and categorical, the rule is counterproductive from a public health standpoint."" On January 25, 2021, the Biden-era Departments delayed the effective date of the rule from January 22, 2021 to March 22, 2021. On March 22, 2021, the Departments further delayed the effective date to December 31, 2021, and on December 28, 2021, delayed it again to December 31, 2022."
347,,,1/6/2022,Rescinded,,,,Rulemaking - Overturning Trump,"Labor
Immigration",DoL,Department of Labor,,Raising minimum wages for certain immigrant workers,10/8/2020,https://www.federalregister.gov/documents/2020/10/08/2020-22132/strengthening-wage-protections-for-the-temporary-and-permanent-employment-of-certain-aliens-in-the,,trump,progress,1/14/2021,https://www.federalregister.gov/documents/2021/01/14/2021-00218/strengthening-wage-protections-for-the-temporary-and-permanent-employment-of-certain-aliens-in-the,,trump,progress,3/15/2021,https://www.federalregister.gov/documents/2021/05/13/2021-10084/strengthening-wage-protections-for-the-temporary-and-permanent-employment-of-certain-immigrants-and,withdrawn,biden,block,A rule raising the prevailing wage for certain employment-based immigrants.,"Employers that wish to hire workers through certain employment-based visas--including H-1B, H-1B1, or E-3 visas--must pay those workers according to a four-tiered wage structure published by the Department of Labor (DoL). DoL makes these calculations according to the Occupational Employment Statistics wage survey administered by the Bureau of Labor Statistics. The primary goal of the tiered wage structure is to ensure that hiring immigrant labor does not adversely impact the wages or job opportunities of native workers. On October 8, 2020, DoL issued an interim final rule to adjust the computation of the tiered wage structure; this rule was finalized on January 14, 2021, and was expected to go into effect on March 15, 2021.","The new rule would have significantly raised the minimum “prevailing wage” that employers would have been required to pay to the relevant classes of foreign workers, across all four tiers of DoL’s wage structure.",,"On March 12, 2021, the Biden administration delayed the effective date of this rule until May 14, 2021. On May 13, 2021, DoL further delayed the effective date until November 14, 2022. DoL withdrew the rule entirely on December 13, 2021."
348,"1,349,350",2,11/19/2021,In effect,Y,,,Rulemaking - Overturning and replacing Trump,"Housing
Children, Youth, and Families",HUD,Department of Housing and Urban Development,Affirmatively Furthering Fair Housing rule,Rescission of the AFFH rule,5/23/2018,https://www.federalregister.gov/documents/2018/05/23/2018-11146/affirmatively-furthering-fair-housing-withdrawal-of-the-assessment-tool-for-local-governments,,trump,progress,5/23/2018,https://www.federalregister.gov/documents/2018/05/23/2018-11145/affirmatively-furthering-fair-housing-affh-responsibility-to-conduct-analysis-of-impediments,,trump,progress,5/23/2018,https://www.federalregister.gov/documents/2018/05/23/2018-11143/affirmatively-furthering-fair-housing-withdrawal-of-notice-extending-the-deadline-for-submission-of,,trump,progress,A set of actions nullifying Obama's Affirmatively Furthering Fair Housing rule.,"On May 23, 2018, HUD issued three Federal Register notices. First, HUD announced it would be withdrawing the Local Government Assessment Tool, which was designed to help local governments to complete their Assessments of Fair Housing. Second, HUD reminded local governments of their obligations to conduct ""analyses of impediments"" to fair housing choice, which were required before the AFFH rule went into effect, but which were generally not submitted or reviewed by HUD. Third, HUD withdrew a prior notice extending the Assessments of Fair Housing deadline for states.","Taken together, these three actions effectively nullified the 2015 AFFH rule. HUD formalized this rescission in July 2020, when the agency officially terminated the AFFH rule.","On May 8, 2018, the National Fair Housing Alliance sued HUD for illegally suspending the AFFH rule. New York State joined this case on May 14, 2018.",
349,"1,348,350",3,11/19/2021,In effect,,,,Rulemaking - Overturning and replacing Trump,"Housing
Children, Youth, and Families",HUD,Department of Housing and Urban Development,Affirmatively Furthering Fair Housing rule,Replacement of the AFFH rule,1/14/2020,https://www.federalregister.gov/documents/2020/01/14/2020-00234/affirmatively-furthering-fair-housing,,trump,progress,8/7/2020,https://www.federalregister.gov/documents/2020/08/07/2020-16320/preserving-community-and-neighborhood-choice,,trump,progress,9/8/2020,https://www.federalregister.gov/documents/2020/08/07/2020-16320/preserving-community-and-neighborhood-choice,Rescinded,trump,progress,Implementing the Preserving Community and Neighborhood Choice rule in place of the 2015 AFFH rule.,"On August 16, 2018, HUD published an advance notice of proposed rulemaking to ""streamline and enhance"" the AFFH rule. On January 14, 2020 HUD proposed the Preserving Community and Neighborhood Choice rule. This rule revised the definition of AFFH and changed regulations regarding how program participants report their actions. The rule was finalized by HUD on August 7, 2020 and went into effect on September 8, 2020 (before being rescinded by Biden).","The new rule proposed to minimize the regulatory burden, advance local control over the process, and ""encourage actions that increase housing choice, including through greater housing supply.”",,"This rule is considered an E.O. 13771 deregulatory action. It was rescinded by the Biden administration's HUD Secretary Marcia Fudge in June 2021."
350,"1,348,349",4,11/19/2021,In effect,,,,Rulemaking - Overturning and replacing Trump,"Housing
Children, Youth, and Families",HUD,Department of Housing and Urban Development,Affirmatively Furthering Fair Housing rule,Reinstatement of the Affirmatively Furthering Fair Housing rule,7/10/2021,https://www.federalregister.gov/documents/2021/06/23/2021-13173/restoring-affirmatively-furthering-fair-housing-definitions-and-certifications,,biden,progress,7/10/2021,https://www.federalregister.gov/documents/2021/06/23/2021-13173/restoring-affirmatively-furthering-fair-housing-definitions-and-certifications,,biden,progress,7/31/2021,https://www.federalregister.gov/documents/2021/06/23/2021-13173/restoring-affirmatively-furthering-fair-housing-definitions-and-certifications,,biden,progress,A rule reinstating the 2015 Affirmatively Furthering Fair Housing rule.,"On June 10, 2021, the Biden administration HUD issued an interim final rule reinstating the 2015 AFFH rule. The new rule went into effect on July 31, 2021.",The rule restored AFFH definitions and certifications from the 2015 rule that had already gone through appropriate notice-and-comment scrutiny. The rule also dedicated technical assistance and other support to HUD funding recipients who are engaged in fair housing planning to support their certification.,,
351,372,1,11/18/2021,Rescinded,,,,"Rulemaking - Biden new
Guidance","Labor
COVID-19",DoL,Department of Labor,COVID-19 workplace guidelines,COVID-19 workplace guidelines,1/29/2021,https://www.osha.gov/coronavirus/safework,,biden,progress,6/10/2021,https://www.federalregister.gov/documents/2021/06/21/2021-12428/occupational-exposure-to-covid-19-emergency-temporary-standard,,biden,progress,6/21/2021,https://www.federalregister.gov/documents/2021/06/21/2021-12428/occupational-exposure-to-covid-19-emergency-temporary-standard,,biden,progress,A set of policies providing updated guidelines for mitigating the risk of COVID-19 in the workplace.,"The Occupational Safety and Health Administration (OSHA) has provided guidelines for workplaces regarding COVID-19 precautions since the start of the pandemic. On June 10, OSHA issued updated guidelines regarding appropriate COVID-19 precautions in non-healthcare workplaces. That same day, OSHA finalized an emergency temporary standard governing COVID-19 precautions in healthcare settings. The standard went into effect on June 21, 2021.","The emergency temporary standard requires that all covered healthcare employers develop and implement a plan to identify and control COVID-19 hazards in the workplace. It also requires employers to allow paid leave for workers to get vaccinations. Lastly, the rule encourages the use of respirators or masks in accordance with their Standard and Transmission Based Precautions. Workplaces may be exempt from these guidelines if all employees are fully vaccinated against COVID-19. Meanwhile, the nonbinding guidelines for non-covered employers recommends testing, distancing, and mask-wearing for unvaccinated employees and visitors, among other protective measures. It notes that these measures are unnecessary if all employees were vaccinated and encourages employers to provide paid leave for vaccinations.",,"OSHA continues to update this guidance, with the latest changes made August 13, 2021."
352,,,11/18/2021,Rescinded,,Other,"Rulings vacated by Biden's attorney general June 16, 2021",Other,Immigration,DoJ,Department of Justice,,Asylum for gang and domestic violence survivors,,,,,,,,,,,,,,,,A set of rulings prohibiting migrants fleeing gang violence or domestic violence to seek asylum.,"On June 11, 2018, Trump administration Attorney General Jeff Sessions issued a ruling that prohibited foreigners from seeking asylum in the US based on domestic or gang-related violence. Attorneys General Jeff Sessions and William Barr overturned judicial precedent by immigration appeals judges to implement this rule. On June 16, 2021, this ruling was vacated by Attorney General Merrick Garland, when he instructed immigration judges and the Board of Immigration Appeals to no longer follow the previous ruling.","Hundreds of thousands of migrants fleeing domestic violence and gang violence have sought asylum in the US since 2013, many coming from Central America. With many of these immigration cases ongoing in federal immigration courts, this rule reversal will restore judicial precedent from the pre-Trump era and potentially open the door for many thousands of migrants to apply for asylum in the U.S.",,"Two notable asylum cases that had been denied by Attorney General Session’s ruling—a domestic violence victim seeking asylum from El Salvador and a gang target seeking asylum from Mexico—were able to continue seeking asylum after Attorney General Garland's ruling."
353,,,11/18/2021,In effect,,,,Rulemaking - Biden new,"COVID-19
Housing",CFPB,Consumer Financial Protection Bureau,,Protection for borrowers affected by COVID-19,4/9/2021,https://www.federalregister.gov/documents/2021/04/09/2021-07236/protections-for-borrowers-affected-by-the-covid-19-emergency-under-the-real-estate-settlement,,biden,progress,6/30/2021,https://www.federalregister.gov/documents/2021/06/30/2021-13964/protections-for-borrowers-affected-by-the-covid-19-emergency-under-the-real-estate-settlement,,biden,progress,8/31/2021,https://www.federalregister.gov/documents/2021/06/30/2021-13964/protections-for-borrowers-affected-by-the-covid-19-emergency-under-the-real-estate-settlement,,biden,progress,A rule amending Regulation X of the Real Estate Settlement Procedures Act to protect borrowers affected by COVID-19.,"The Real Estate Settlement Procedures Act of 1974 (RESPA) protects people who apply for and take out mortgage loans. The law requires lenders of mortgage loans to provide disclosures to borrowers regarding the real estate settlement process and its associated costs. Kickbacks and referral fees are also banned to reduce unnecessary costs to the borrower. Regulation X was promulgated by the Federal Reserve to carry out RESPA. On April 9, 2021, the Consumer Financial Protection Bureau (CFPB) proposed to amend Regulation X. The amendment was finalized June 30, 2021 and went into effect August 31, 2021.","CFPB is amending Regulation X to better protect borrowers affected by COVID-19. The purpose of this rule is to require that borrows have reasonable opportunity to be reviewed for loss mitigation before receiving a first notice of foreclosure by the lender during the COVID-19 pandemic. Mortgage lenders are also temporarily able to provide loan modifications to better facilitate relief for borrowers experiencing pandemic-related financial hardship.",,
354,238,2,11/18/2021,Proposed,,,,Rulemaking - Overturning and replacing Trump,Housing,HUD,Department of Housing and Urban Development,,Implementation of the Fair Housing Act,6/25/2021,https://www.federalregister.gov/documents/2021/06/25/2021-13240/reinstatement-of-huds-discriminatory-effects-standard,,biden,progress,,,,,,,,,,,A Biden-era rule reinstating 2013's anti-discrimination effects standard.,"In light of the District Court’s ruling, on June 25, 2021 the Biden administration HUD proposed to reinstate the 2013 rule interpreting the Fair Housing Act’s Discriminatory Effects Standard. This rule would supersede the Trump-era rule (above).","HUD’s 2013 rule, “Implementation of the Fair Housing Act’s Discriminatory Effects Standard,” which has remained in effect since 2013, is recodified and the Biden administration’s HUD affirms that this anti-discrimination rule is consistent with its values. The Trump administration’s proposed rule, which would have increased the burden of evidence to prove such discrimination had it not been blocked by the District Court, is superseded by this rule, signaling a shift in HUD’s objective.",,
355,,,11/18/2021,In effect,,Other,"Policy statement issued by FHFA July 9, 2021",Guidance,Housing,FHFA,Federal Housing Finance Agency,,Policy statement on fair lending,,,,,,,,,,,,,,,,A policy statement reaffirming the Federal Housing Finance Agency's commitment to enforcing fair lending laws.,"The Federal Housing Finance Agency (FHFA) is the primary regulator of the Federal Home Loan Banks (comprised of 11 individual banks) and Fannie Mae and Freddie Mac. At the core of their mission is to ensure equitable access to credit and housing and protect borrowers from discrimination practices and policy. On July 9, 2021, FHFA issued a policy statement on fair lending.","FHFA issued this policy statement on fair lending to state the agency’s commitment to enforcing the Equal Credit Opportunity Act, the Fair Housing Act, and the Federal Housing Enterprises Financial Safety and Soundness Act. The agency stated that it may gather information from the Federal Home Loan Banks and carry out supervisory examinations to ensure that all rules and regulations already in place under these laws are being followed by the entities it regulates. The purpose is to promote fair lending procedures through the evaluation and reaffirmation of anti-discrimination practices, and lay the groundwork for future regulations and interventions within the entities under FHFA’s purview.",,
356,,,12/2/2021,In effect,,,,"Rulemaking - Biden new
Legislation",Health,"DoT, HHS, DoL","Department of Treasury, Department of Health and Human Services, Department of Labor",,Ban on surprise healthcare billing,7/13/2021,https://www.federalregister.gov/documents/2021/07/13/2021-14379/requirements-related-to-surprise-billing-part-i,,biden,progress,7/13/2021,https://www.federalregister.gov/documents/2021/07/13/2021-14379/requirements-related-to-surprise-billing-part-i,,biden,progress,9/13/2021,https://www.federalregister.gov/documents/2021/07/13/2021-14379/requirements-related-to-surprise-billing-part-i,,biden,progress,A rule prohibiting surprise medical billing in some circumstances.,"On December 27, 2020, Congress passed the No Surprises Act as part of the Consolidated Appropriations Act of 2021. The bill is intended to prevent and limit surprise healthcare billing for patients following emergency and non-emergency medical services. On July 13, 2021, the Departments of Treasury, Health and Human Services, and Labor (“the Departments”) promulgated an interim final rule implementing certain provisions of the No Surprises Act.","The Departments have issued regulations in several phases to implement the No Surprises Act. This first phase of interim final rules centers on individual billing. It protects individuals from receiving surprise bills from out-of-network providers or air ambulance services for emergency medical care, and prohibits out-of-network providers at in-network facilities from issuing surprise bills for non-emergency care. The interim final rules also set guidelines regarding the cost-sharing amounts for such services. On October 7, 2021, the Departments proposed a second phase of interim final rules to implement other provisions of the No Surprises Act, including creating a Federal independent dispute resolution process. This process provides a way for patients and providers to resolve health insurance payment disputes through a third party via a new website.",,"For more on this topic, see: Comments on No Surprises Act Rulemaking: Part I"
357,,,1/31/2022,In effect,,Other,"Effective January 30, 2022",Executive order - Biden new,Labor,"DoL, White House","Department of Labor, White House",,Minimum wage increase for federal contractors,,,,,,,,,,,,,,,,A rule to implement President Biden’s executive order increasing the minimum wage for federal contractors.,"President Obama first established a minimum wage for federal contractors with Executive Order 13658, signed February 12, 2014. This minimum wage applies to all individuals or employers who enter into a contract with any federal department or agency.","President Biden signed Executive Order 14026 on April 27, 2021, which raised the minimum wage for federal contractors. On July 22, the Department of Labor (DoL) published a notice of proposed rulemaking to implement this executive order. The rule raised the minimum wage for federal contractors to $15, or $10.50 for tipped workers, effective January 30, 2022. This is an increase from the current minimum wage of $10.95, or $7.65 for tipped workers. The rule and executive order also stipulate that, beginning 2023, the Secretary of Labor will decide what this minimum wage will be. The executive order cites positive effects on “economy and efficiency in Federal procurement” as justification. ",,
358,,,11/18/2021,In effect,,,,Rulemaking - Biden new,Environmental,EPA,Environmental Protection Agency,,National Oil and Hazardous Substances Pollution Contingency Plan,7/27/2021,https://www.federalregister.gov/documents/2021/07/27/2021-15122/national-oil-and-hazardous-substances-pollution-contingency-plan-monitoring-requirements-for-use-of,,biden,progress,7/27/2021,https://www.federalregister.gov/documents/2021/07/27/2021-15122/national-oil-and-hazardous-substances-pollution-contingency-plan-monitoring-requirements-for-use-of,,biden,progress,1/24/2022,https://www.federalregister.gov/documents/2021/07/27/2021-15122/national-oil-and-hazardous-substances-pollution-contingency-plan-monitoring-requirements-for-use-of,,biden,progress,A rule establishing montoring and reporting requirements for chemicals used to mitigate oil spills.,"The National Oil and Hazardous Substances Contingency Plan (NCP) lays out a federal response to oil and hazardous substance spills. It was first enacted in 1968. Subpart J of the NCP directs the Environmental Protection Agency (EPA) to employ dispersants and other mitigation techniques to remove or control oil discharges.","This rule, entitled Monitoring Requirements for Use of Dispersants and Other Chemicals, establishes monitoring for dispersant use in the event of an oil spill. The purpose is to ensure these dispersants are being used correctly and that the environmental impact of these dispersants is understood.Specifically, the rule seeks to provide on-scene coordinators and regional response teams who deploy the dispersants in the event of an oil spill with relevant information to support their response decision-making. This supplements Subpart J of the NCP, which already includes test data, information requirements, and procedural information on the use of these chemical agents. Monitoring will allow for increased awareness by response teams of the effectiveness of chemical dispersants and other mitigation techniques, their environmental impact, and how to transport dispersed oil.",,
359,318,2,1/19/2022,Rescinded,,,,Rulemaking - Overturning Trump,Environmental,DoE,Department of Energy,Showerhead energy conservation standards,Definition Reversal,7/22/2021,https://www.federalregister.gov/documents/2021/07/22/2021-15528/energy-conservation-program-definition-of-showerhead,,biden,progress,12/20/2021,https://www.federalregister.gov/documents/2021/12/20/2021-27462/energy-conservation-program-definition-of-showerhead,,biden,progress,1/19/2022,https://www.federalregister.gov/documents/2021/12/20/2021-27462/energy-conservation-program-definition-of-showerhead,,biden,progress,"A rule reversing the Trump administration’s definition of a showerhead.
","On July 22, 2021, the Biden administration DoE issued a notice of proposed rulemaking to reinstate the 2010 interpretative rule’s definition of a showerhead. The final rule was published on December 20, 2021, and went into effect on January 19, 2022.","In effect, this regulatory action would save water by limiting water usage to 2.5 gpm for an entire showerhead system, rather than 2.5 gpm for each nozzle as the current definition of a showerhead allows. This would address concerns regarding water shortages, increased demands on hot water supply, and increased spending on water systems that have arisen from the current standards.",,
360,"12,14",3,3/1/2022,In effect,,,,Rulemaking - Overturning and replacing Trump,Environmental,EPA,Environmental Protection Agency,Corporate Average Fuel Economy (CAFE) standards,CAFE standards for model years 2023-2026,8/10/2021,https://www.federalregister.gov/documents/2021/08/10/2021-16582/revised-2023-and-later-model-year-light-duty-vehicle-greenhouse-gas-emissions-standards,,biden,progress,12/30/2021,https://www.federalregister.gov/documents/2021/12/30/2021-27854/revised-2023-and-later-model-year-light-duty-vehicle-greenhouse-gas-emissions-standards,,biden,progress,2/28/2022,https://www.federalregister.gov/documents/2021/12/30/2021-27854/revised-2023-and-later-model-year-light-duty-vehicle-greenhouse-gas-emissions-standards,,biden,progress,A rule strengthening greenhouse gas emissions standards for light duty vehicles.,"On January 20, 2021, on his first day in office, President Biden issued Executive Order 13990 “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,” which directed EPA to consider whether to revise, rescind, or suspend both parts of the SAFE rule. On August 10, 2021, EPA proposed new fuel efficiency standards for model years 2023 to 2026. The final rule was published on December 30, 2021, and went into effect on February 28, 2022.","EPA proposed a nearly 10 percent stringency increase in model year 2023, and a nearly 5 percent stringency increase in each model year following, from 2024 to 2026. This is a sharp strengthening from the 1.5 percent increase enacted by the Trump administration. The agency has also proposed changes to help incentivize the adoption of zero and near-zero emissions technology. Given the transportation sector’s role in greenhouse gas emissions (transportation accounts for 29 percent of U.S. greenhouse gas emissions, and within that, 58 percent come from light duty vehicles), ensuring that newly made cars are increasingly fuel efficient and emit fewer greenhouse gas emissions is intended to address both the climate crisis and air pollution concerns.",,
361,,,11/18/2021,In effect,,Other,"Benefits reevaluation by USDA effective October 1, 2021",Other,"Agriculture
Children, Youth, and Families",USDA,Department of Agriculture,,SNAP benefit increases,,,,,,,,,,,,,,,,Expansion of SNAP benefits based on new calculations,"The US Department of Agriculture (USDA) publishes four food plans, each of which estimates how much it costs to eat a healthy diet at successively higher cost levels. The lowest-cost plan, the Thrifty Food Plan, is the basis for benefit allotments through the Supplemental Nutrition Assistance Program (SNAP). The 2018 Farm Bill dictated that USDA reevaluate the Thrifty Food Plan on a regular cycle using specific criteria. In August 2021, USDA released its reevaluated Thrifty Food Plan, the first time the plan had been reevaluated since 2006.","The updated Thrifty Food Plan will be used as the basis for SNAP benefits starting October 1, 2021. The reevaluation found that the cost of a “nutritious, practical, cost-effective diet is 21% higher than the current Thrifty Food Plan.” Under this plan, average SNAP benefits will rise by $36.24 per person per month, an increase of more than 25 percent from pre-pandemic levels and the largest permanent increase in benefits in the program’s history. According to USDA’s press release, this increase also reflects the first time the purchasing power of the plan has changed since it was introduced in 1975. The increase reflects the latest available data on the four key evaluation factors identified in the 2018 Farm Bill: current food prices, typical diet, dietary guidance, and nutrients.",,"For more on this topic, see: Science-based increase in SNAP benefits should result in a healthier citizenry; A healthy reform to SNAP; The new Thrifty Food Plan"
362,,,11/18/2021,In effect,,Other,"Executive order from President Biden January 25, 2021",Executive order - Biden new,Other,White House,,,Made in America requirements,,,,,,,,,,,,,,,,An executive order raising the standards for domestic products to be used in federal contracts.,"The Federal Acquisition Regulation (FAR) is the main set of rules that outline standards for contracts issued by federal agencies. FAR, as well as the Buy American Act of 1933, contains clauses that stipulate the ways in which these contracts, and the products and materials acquired by them, support domestic firms.","On January 25, 2021, President Biden signed Executive Order 14005 entitled “Ensuring the Future is Made in All of America by All of America’s Workers.” Its purpose is to create higher standards for federal agencies to use and commission products that are made in the United States. The executive order reasons that it will strengthen domestic supply chains and provide greater opportunity for domestic workers and firms.
Section 8 of this executive order enforces the Buy American Act of 1933. It requires that the Federal Acquisition Regulatory Council (FAR Council), tasked with ensuring federal agencies abide by FAR, amend FAR to: (1) rewrite the standard used to deem a product “domestic” to incorporate the value the production of this product added to the U.S. economy; (2) raise the floor for domestic product requirements; (3) increase price preferences for domestic products.",,"On July 30, 2021, the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration proposed their own rule to comply with Section 8 of President Biden’s executive order."
363,"153,364",2,11/18/2021,In effect,Y,Guidance,"Guidances rescinded by Trump's secretary of education February 22, 2017.",Guidance,"Education
Children, Youth, and Families",DoEd,Department of Education,,Title IX Guidances on transgender student rights,,,,,,,,,,,,,,,,Trump-era withdrawal of the guidances.,"In 2017, President Trump's Department of Education withdrew the Obama-era protections.","The Trump administration argued that Title IX does not necessarily prohibit discrimination on the basis of gender identity without further legal analysis, allowing schools to use sex assigned at birth to determine which bathroom students can use.",,
364,"153,363",3,11/18/2021,In effect,Y,Guidance,"Guidances reinstated by Biden's secretary of education June 16, 2021",Guidance,"Education
Children, Youth, and Families",DoEd,Department of Education,,Title IX Guidances on transgender student rights,,,,,,,,,,,,,,,,Biden-era reinstatement of the guidances.,"On June 16, 2021, the Biden administration DoEd issued a notice of interpretation clarifying its Title IX enforcement authority in light of the Supreme Court’s ruling in Bostock v. Clayton County.","The Obama-era protections for transgender students were effectively reinstated with this decision, allowing students to use the bathroom that matches their gender identity.","In Bostock v. Clayton County, the Court ruled that, consistent with Title VII of the Civil Rights Act of 1964, which protects employees from discrimination on the basis of sex, employees are protected from discrimination on the basis of sexual orientation or gender identity. The interpretation effectively reinstates the Obama-era guidance on transgender students, as well, by recognizing that Title IX sex discrimination extends to transgender people.",
365,,,11/30/2021,In effect,Y,,,Rulemaking - Biden new,Environmental,EPA,Environmental Protection Agency,,Phasedown of hydrofluorocarbons,5/19/2021,https://www.federalregister.gov/documents/2021/05/19/2021-09545/phasedown-of-hydrofluorocarbons-establishing-the-allowance-allocation-and-trading-program-under-the,,biden,progress,10/5/2021,https://www.federalregister.gov/documents/2021/10/05/2021-21030/phasedown-of-hydrofluorocarbons-establishing-the-allowance-allocation-and-trading-program-under-the,,biden,progress,11/4/2021,https://www.federalregister.gov/documents/2021/10/05/2021-21030/phasedown-of-hydrofluorocarbons-establishing-the-allowance-allocation-and-trading-program-under-the,,biden,progress,A rule establishing a cap-and-trade system to phase down hydrofluorocarbons over 15 years.,"The American Innovation and Manufacturing Act was passed on December 27, 2020. This law gave EPA the authority to phase down hydrofluorocarbons, a potent greenhouse gas often used in cooling and refrigeration products, to 15% of 2021 levels by 2036. This rule was created to achieve this goal.","Through this phasedown of hydrofluorocarbons (HFCs) rule, EPA establishes an allowance allocation and trading program. Under this program, entities, including manufacturers, energy producers and distributors, and any other corporations that use HFCs, will be given a certain quantity of HFCs they may produce and a certain quantity they may consume. These allowances may be traded between entities. Allowances for the 2022 calendar year were issued on October 1, 2021 and do not roll over into the following year. The impact of this rule is estimated to be equivalent to cutting CO2 emissions by 4.5 billion metric tons by 2050. This program follows the Acid Rain Program (which regulated sulfur dioxide and nitrogen oxides) as one of the first nationally implemented cap-and-trade systems in the United States.",,"Read more about this rule, including the phase-out schedule, on the EPA’s website."
366,,,11/30/2021,In rulemaking,,,,Rulemaking - Biden new,Financial,SEC,Securities and Exchange Commission,,Increasing transparency of investment management companies,10/15/2021,https://www.federalregister.gov/documents/2021/10/15/2021-21549/enhanced-reporting-of-proxy-votes-by-registered-management-investment-companies-reporting-of,,biden,progress,,,,,,,,,,,A rule to increase transparency of investment funds’ executive compensation and other activities.,"Proxy votes allow shareholders to vote on investments and other corporate matters of investment funds without attending a shareholder meeting. These votes can shape the investment portfolio of, select the managers for, and determine executive compensation in the fund. The Securities Exchange Act of 1934 and the Investment Company Act of 1940 require investment managers to report how the fund voted proxies on securities they hold to investors via Form N-PX. This form is submitted annually to the Securities and Exchange Commission (SEC).","On October 15, 2021, the Securities and Exchange Commission (SEC) proposed a rule to amend the Securities Exchange Act of 1934 to require investment managers to report proxy votes relating to executive compensation annually. This would be added to Form N-PX and would increase transparency regarding executive compensation within investment management companies, including mutual funds and exchange-traded funds. The rule also takes additional steps to increase transparency of the information reported on Form N-PX, including requiring the fund to post its proxy record on its website, and requiring the description of the voting proxy in the Form N-PX to match the description on the issuer’s form to allow investors to compare proxy voting matters across funds.",,
367,,,11/30/2021,In rulemaking,,,,Rulemaking - Biden new,Telecom,FCC,Federal Communications Commission,,Rule to reduce robocalls,10/26/2021,https://www.federalregister.gov/documents/2021/10/26/2021-23164/advanced-methods-to-target-and-eliminate-unlawful-robocalls-call-authentication-trust-anchor,,biden,progress,,,,,,,,,,,A rule requiring the use of ID authentication on foreign-originated calls to reduce robocalls.,"Secure Telephone Identity Revisited and Signature-based Handling of Asserted Information Using Tokens (STIR/SHAKEN) is a set of protocols used to verify the identification of a caller. Existing Federal Communication Commission (FCC) rules require large domestic phone service providers to apply this technology to domestic-originated calls to reduce robocalls.","On October 26, 2021, the FCC proposed a new rule that would require gateway providers, phone carriers that connect calls from outside the U.S. to phone networks within the U.S., to deploy STIR/SHAKEN technology to foreign-oriented calls. This would minimize the number of illegal foreign robocalls with false U.S. numbers that Americans receive. This rule would apply the same standards of vetting domestic-originated calls to vetting foreign-originated calls.",,
368,296,2,12/03/2021,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,CEQ,Council on Environmental Quality,Reinstating NEPA (National Environmental Policy Act),Reinstating NEPA requirements,10/7/2021,https://www.federalregister.gov/documents/2021/10/07/2021-21867/national-environmental-policy-act-implementing-regulations-revisions,,biden,progress,,,,,,,,,,,A rule reinstating the original NEPA requirements.,"On October 7, 2021, the Biden administration’s CEQ proposed a rule to modify its NEPA regulations.","These modifications would effectively reinstate NEPA requirements from the pre-Trump era. This would require agencies to include broader-reaching environmental impacts in their NEPA assessments, such as their impact on climate change through the emission of greenhouse gases. This rule would also expand the scope of projects that must provide NEPA assessments to include all agency projects that receive federal funding.",,
369,,,12/10/2021,In rulemaking,,,,Rulemaking - Biden new,"Environmental
Housing","DoE, HUD","Department of Energy, Department of Housing and Urban Development",,Efficiency standards for manufactured homes,8/26/2021,https://www.federalregister.gov/documents/2021/08/26/2021-17684/energy-conservation-program-energy-conservation-standards-for-manufactured-housing,,biden,progress,,,,,,,,,,,A rule to establish energy conservation standards for manufactured homes.,"The Energy Independence and Security Act of 2007 was enacted to help reach President Bush’s goal of reducing U.S. gasoline consumption by 20% from 2007 to 2017. This notice of proposed rulemaking uses this act to set forth the first efficiency standards for manufactured homes in nearly 25 years, using the guidance of the 2021 International Energy Conservation Code (""2021 IECC standards""). 2021 IECC standards include provisions for insulation in walls, HVAC system ducts, and lighting efficiency requirements, among other standards.","This proposed rule presents two potential methods to implement these efficiency standards, and requests comments to determine which will be included in the final rule. In one scenario, all manufactured homes would be subject to the 2021 IECC standards. In the other scenario, if a manufactured home’s retail price is listed below $55,000, it would be subject to less stringent “building thermal envelope” insulation standards. While this would keep the list price of the house low, DoE calculates that the homeowner would pay more in the long-run. Comments were due on October 25, 2021.",,
370,,,1/6/2022,In effect,,,,Rulemaking - Biden new,Health,"HHS, DoT, DoL, OPM","Department of Health and Human Services, Department of Transportation, Department of Labor, Office of Personnel Management",,Increasing transparency for prescription drug spending,11/23/2021,https://www.federalregister.gov/documents/2021/11/23/2021-25183/prescription-drug-and-health-care-spending,,biden,progress,11/23/2021,https://www.federalregister.gov/documents/2021/11/23/2021-25183/prescription-drug-and-health-care-spending,,biden,progress,12/23/2021,https://www.federalregister.gov/documents/2021/11/23/2021-25183/prescription-drug-and-health-care-spending,,biden,progress,A rule requiring health insurance issuers to submit information about spending on prescription drugs to federal agencies.,"This is an interagency rule published on November 23, 2021 entitled “Prescription Drug and Health Care Spending.” This rule implements provisions from the Internal Revenue Code, the Employee Retirement Income Security Act, and the Public Health Service Act from the Internal Revenue Service in the Treasury Department, the Employee Benefits Security Administration in the Department of Labor, and the Department of Health and Human Services, respectively (“the Departments”). It went into effect on December 23, 2021.","This rule requires that health insurance issuers in the group and individual markets report information on prescription drug and health care expenditures to the Departments. With this information, the Departments will publish a report every two years on trends in prescription drug prices. These reports will have the primary purpose of analyzing the impact of prescription drug prices on health care costs through premiums and out-of-pocket expenses. The first report will be issued in 2023. The Office of Personnel Management is issuing the same transparency standards for Federal Employees Health Benefits carriers, also included in this rule.",,
371,310,2,12/14/2021,In rulemaking,,,,Rulemaking - Overturning Trump,Health,HHS,Department of Health and Human Services,Withdrawal of the HHS SUNSET clause,Withdrawing the SUNSET rule,10/29/2021,https://www.federalregister.gov/documents/2021/10/29/2021-23472/securing-updated-and-necessary-statutory-evaluations-timely-proposal-to-withdraw-or-repeal,,biden,progress,,,,,,,,,,,A rule by President Biden’s Department of Health and Human Services repealing the Trump-era SUNSET rule.,"After delaying the Trump-era SUNSET rule, on October 29, 2021, President Biden’s HHS issued a proposed rule to withdraw the final SUNSET rule. Comments are due December 28, 2021.","By withdrawing the SUNSET rule, HHS regulations will not automatically expire after ten years if they are not assessed based on the criteria in the Regulatory Flexibility Act of 1980. By eliminating these requirements intended to review and remove burdensome or outdated regulations, HHS will not be forced to reduce its regulatory capacity.",,
372,351,2,2/23/2022,Rescinded,Y,,,"Rulemaking - Biden new
Guidance","Labor
COVID-19",DoL,Department of Labor,COVID-19 workplace guidelines,“Vaccinate or test” workplace requirements,11/5/2021,https://www.federalregister.gov/documents/2021/11/05/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard,,biden,progress,11/5/2021,https://www.federalregister.gov/documents/2021/11/05/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard,,biden,progress,11/5/2021,https://www.federalregister.gov/documents/2021/11/05/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard,rescinded,court,block,An emergency temporary standard by OSHA requiring employers with 100 or more employees to mandate COVID-19 vaccines or regular testing.,"The Biden administration has made a concerted effort to vaccinate as many Americans as possible. This emergency temporary standard (ETS), issued by the Occupational Safety and Health Administration (OSHA) on November 5, 2021, went into effect immediately. The ETS also doubled as a proposed rule listed in the Federal Register, along with a request for public comment. If the rule were to be finalized and approved, it would serve as a more permanent measure than the ETS.","This ETS requires employers with 100 or more employees to either mandate that all employees become fully vaccinated for COVID-19 or, if not fully vaccinated, that employees undergo regular COVID-19 testing and wear a mask in the workplace. This is intended to strongly encourage COVID-19 vaccination for those in the workforce and applies to all workplaces under OSHA’s jurisdiction, including businesses in manufacturing, retail, delivery services, agriculture, and construction. Although this ETS applies to health care workers, as well, they are also required to comply with the Centers for Medicare and Medicaid Services’ (CMS) health care mandate, an ETS which requires health care workers to be vaccinated for COVID-19 without the option to test instead. The OSHA ETS does not apply to federal contractors and subcontractors, who are covered under separate guidance.","On January 13, 2022, the Supreme Court blocked the OSHA ETS from going into effect, and the Biden administration subsequently withdrew the ETS on January 25. Also on January 13, the Court separately allowed the CMS ETS to go into effect. Previously, on November 6, 2021, one day after OSHA issued its ETS, the Fifth Circuit Court of Appeals issued a stay contending that OSHA lacked the statutory authority to issue the ETS, thus preventing the ETS from going into effect. The Fifth Circuit Court reaffirmed and extended this stay on November 12, 2021. On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay, allowing OSHA to enforce the ETS before the U.S. Supreme Court agreed to take up the OSHA case on December 22, 2021.",
373,,,1/7/2022,In rulemaking,,,,"Rulemaking - Biden new
Executive order - Biden new",Environmental,"FAR Council, DoD, GSA, NASA","Federal Acquisition Regulatory Council, Department of Defense, General Services Administration, National Aeronautics and Space Administration",Minimizing risk of climate change in federal acquisitions,Minimizing risk of climate change in federal acquisitions,10/15/2021,https://www.federalregister.gov/documents/2021/10/15/2021-22266/federal-acquisition-regulation-minimizing-the-risk-of-climate-change-in-federal-acquisitions,,biden,progress,,,,,,,,,,,A rule that requires climate change impact to be considered in government procurement activities.,"On May 20, 2021, President Biden signed Executive Order 14030, “Climate-Related Financial Risk.” The Federal Acquisition Regulatory Council (“the Council”) is tasked with overseeing government procurement (the government purchasing of goods and services from commercial businesses) through the Federal Acquisition Regulation (FAR). This executive order directs the Council to amend FAR to minimize the impact of government procurement on climate change.","This rule, proposed on October 15, 2021 by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration, amends FAR to require that the social cost of greenhouse gas emissions be taken into account for all government procurement processes. It also requires that federal agencies give preference to bidders whose proposals have a lower carbon impact. The agencies that proposed this rule are requesting public comments to include more industry-specific provisions in the final rule.",,
374,375,1,1/7/2022,Rescinded,,,,Rulemaking - Overturning Trump,Immigration,DHS,Department of Homeland Security,Prioritizing higher-income H-1B visa applicants,Prioritizing higher-income H-1B visa applicants,11/2/2020,https://www.federalregister.gov/documents/2020/11/02/2020-24259/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions,,trump,progress,1/8/2021,https://www.federalregister.gov/documents/2021/01/08/2021-00183/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions,,trump,progress,3/9/2021,https://www.federalregister.gov/documents/2021/01/08/2021-00183/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions,overturned,biden,block,A rule giving preference to H-1B applicants with higher wages.,"H-1B visas are sponsored work visas that allow U.S. employers to hire foreign nationals with a bachelor’s degree or higher. U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security (DHS) published this rule to amend the H-1B selection process on November 2, 2020, and it was supposed to go into effect on March 9, 2021.","Under this rule, applicants would have been admitted from highest to lowest salary for all 85,000 H-1B visas approved annually. By triaging applicants by income and eliminating the H-1B lottery process, this rule would have, by DHS’s own estimate, eliminated H-1B visas for entry-level workers. USCIS classifies applicants’ salaries in four levels by comparing an applicant’s income to wages in their area for their particular occupation. (Level 1 corresponds with the 17th percentile wage; Level 2, 34th percentile, Level 3, 50th percentile; Level 4, 67th percentile.) Had this rule been implemented, all applicants with Level 3 and 4 salaries, 75% of those with Level 2 salaries, and none of those with Level 1 salaries would have received visas.","On May 17, 2021, the Humane Society of New York and other non-profit organizations filed a complaint against DHS in the DC District Court that claimed the rule favored urban workers, whose salaries are generally higher, and disadvantaged non-profits, hamstringing their ability to compete with corporations for high-skilled foreign labor.","On February 8, 2021, the effective date of this rule was delayed to December 31, 2021. On December 22, 2021, President Biden’s DHS rescinded this rule (below)."
375,374,2,1/7/2022,Rescinded,,,,Rulemaking - Overturning Trump,Immigration,DHS,Department of Homeland Security,Prioritizing higher-income H-1B visa applicants,Rescinding the Trump-era H-1B rule,12/22/2021,https://www.federalregister.gov/documents/2021/12/22/2021-27714/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions,,biden,progress,12/22/2021,https://www.federalregister.gov/documents/2021/12/22/2021-27714/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions,,biden,progress,12/22/2021,https://www.federalregister.gov/documents/2021/12/22/2021-27714/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions,,biden,progress,A Biden-era rule to restore income neutrality to the H-1B application review process.,"After delaying the effective date of the Trump-era rule, President Biden’s Department of Homeland Security issued a final rule to withdraw the Trump-era rule on December 22, 2021, effective immediately.","The Biden-era rule restores the lottery system to determine the 85,000 H-1B visa recipients each year and does not show preference to income.",,
376,"377,378,379",1,1/18/2022,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,"EPA, DoD","Environmental Protection Agency, Department of Defense",Waters of the U.S. (WOTUS),Waters of the U.S. (WOTUS),4/21/2014,https://www.federalregister.gov/documents/2014/04/21/2014-07142/definition-of-waters-of-the-united-states-under-the-clean-water-act,,obama,progress,6/29/2015,https://www.federalregister.gov/documents/2015/06/29/2015-13435/clean-water-rule-definition-of-waters-of-the-united-states,,obama,progress,8/28/2015,https://www.federalregister.gov/documents/2015/06/29/2015-13435/clean-water-rule-definition-of-waters-of-the-united-states,rescinded,trump,block,A rule expanding which bodies of water fall under federal jurisdiction and thus are protected under the Clean Water Act.,"The Clean Water Act is the most consequential law governing water pollution in the United States. Its goal is to improve the chemical and biological composition of the nation’s wetlands to be sustainable. First enacted in 1948 but taking its modern form in 1972, the Clean Water Act prohibits polluting in “navigable waters,” or “waters of the United States,” unless permitted by the Environmental Protection Agency (EPA) or the Army Corps of Engineers. The act allows these agencies to define the term waters of the United States.","One of the Obama administration's most controversial environmental rules, the ""waters of the United States"" (WOTUS) rule sought to clarify what ""navigable waters"" would mean under the Clean Water Act. The term was interpreted to include tributaries and bodies of water adjacent to federal waters, including wetlands, ponds, and lakes, which critics argued was jurisdictional overreach. This would have increased the total number of wetlands that were under federal jurisdiction, and thus protected under the Clean Water Act, by an estimated 2.8-4.6%. Environmental groups estimated this rule would have improved drinking water for 100 million Americans, protected 3,000 watersheds in the western U.S., and helped protect some 75 endangered species.","Thirteen states sued to block the rule, and a judge in the U.S. District Court for North Dakota issued a preliminary injunction in August 2015, hours before the rule was to take effect. On October 9, 2015, the Sixth Circuit Court of Appeals issued a nationwide stay, which blocked implementation of the rule. On February 22, 2016, a three-judge panel of the Sixth Circuit Court stated that it had jurisdiction to review challenges to the WOTUS rule, citing courts' historically expansive interpretation of section 1369 of the Clean Water Act, which describes the law's judicial review provisions. In response, the National Association of Manufacturers appealed to Supreme Court, arguing that the Sixth Circuit Court lacked jurisdiction. On January 22, 2018, the Supreme Court issued a unanimous ruling that lawsuits to challenge the WOTUS rule must be filed in federal district courts rather than federal courts of appeals, voiding the Sixth Circuit's claim of jurisdiction, and throwing into doubt the future of its nationwide stay.","Following the Supreme Court's decision, the Army Corps of Engineers and EPA delayed the effective date of the WOTUS rule to February 6, 2020. This rule was subsequently rescinded on December 23, 2019, before it would have gone into effect (below)."
377,"376,378,379",2,1/18/2022,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,"EPA, DoD","Environmental Protection Agency, Department of Defense",Waters of the U.S. (WOTUS),Trump's rescission,7/27/2017,https://www.federalregister.gov/documents/2017/07/27/2017-13997/definition-of-waters-of-the-united-states-recodification-of-pre-existing-rules,,trump,progress,10/22/2019,https://www.federalregister.gov/documents/2019/10/22/2019-20550/definition-of-waters-of-the-united-states-recodification-of-pre-existing-rules,,trump,progress,12/23/2019,https://www.federalregister.gov/documents/2019/10/22/2019-20550/definition-of-waters-of-the-united-states-recodification-of-pre-existing-rules,,trump,progress,Rescission of Waters of the U.S. rule by the Trump administration.,"On February 28, 2017, President Trump issued Executive Order 13778, which directed the EPA and Army Corps of Engineers to “review and potentially revise” the WOTUS rule. The agencies implemented the executive order by first repealing the WOTUS rule, then proposing a new rule. A proposal to formally rescind the WOTUS rule was issued on July 27, 2017. On September 12, 2019, EPA announced the repeal of the 2015 WOTUS rule, which took effect on December 23, 2019.","This rolled back the expanded definition of “WOTUS” proposed under the Obama administration. With this repeal, the agencies implemented the pre-2015 regulations governing WOTUS. Then-EPA Administrator Andrew Wheeler in his announcement of the repeal said that this repeal sets the stage for “a new WOTUS definition that will provide greater regulatory certainty for farmers, landowners, home builders, and developers nationwide.”",,
378,"376,377,379",3,1/18/2022,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,"EPA, DoD","Environmental Protection Agency, Department of Defense",Waters of the U.S. (WOTUS),Trump's new rule,12/11/2018,https://www.epa.gov/sites/default/files/2018-12/documents/wotus_2040-af75_nprm_frn_2018-12-11_prepublication2_1.pdf,,trump,progress,4/21/2020,https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states,,trump,progress,6/22/2020,https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states,court-blocked,trump,progress,A Trump-era rule reducing the total bodies of water are protected under the Clean Water Act.,"On December 11, 2018, the Environment Protection Agency and the Department of Army (“the agencies”) proposed a rule revising the definition of “waters of the United States” (WOTUS) to clarify federal authority under the Clean Water Act. This action is part of the second step in a two-step process directed by Executive Order 13778, which calls for a substantive reevaluation and revision of the “Waters of the United States” rule. The agencies held several public meetings on the new rule proposal before the final rule went into effect on June 22, 2020.","The proposed rule narrows the definition of WOTUS, reducing the number of federally protected bodies of water. It identifies six categories of water that would be considered WOTUS: traditional navigable waters, tributaries, certain ditches, certain lakes and ponds, impoundments, and adjacent wetlands that physically touch other jurisdictional waters. Wetlands that are separated from tributaries by land, dikes or other features were not included in this definition. Ephemeral waters that only flow after rain events would also be excluded from protection. According to the agencies, this would exclude at least 18 percent of streams and 51 percent of wetlands nationwide from federal protection. While many farmers and ranchers supported this rule, environmental groups opposed it.","On August 30, 2021, a federal judge in the U.S. District Court for the District of Arizona vacated this rule. This rule interprets “navigable waters” in a manner largely consistent with Justice Scalia’s opinion in Rapanos v. United States (2006), which Executive Order 13778 had recommended. Scalia argued that “navigable waters” should only include navigable waters “in fact,” though the district court held a more expansive view of this term. In 2020, indigenous tribes, labor groups, and environmental groups sued the Trump administration’s EPA over this new rule. Some of these lawsuits were dropped in 2021 after the rule was vacated and the Biden administration acted to permanently rescind it (below).","An EPA fact sheet outlining the new WOTUS definition can be found here. On December 7, 2021, the Biden administration proposed a new WOTUS rule to overturn this Trump-era rule (below)."
379,"376,377,378",4,1/18/2022,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,"EPA, DoD","Environmental Protection Agency, Department of Defense",Waters of the U.S. (WOTUS),Rescission of the Trump rule,12/7/2021,https://www.federalregister.gov/documents/2021/12/07/2021-25601/revised-definition-of-waters-of-the-united-states,,biden,progress,,,,,,,,,,,A Biden-era rescission of the Trump-era rule that will expand the total bodies of water that are protected under the Clean Water Act.,"On January 20, 2021, President Biden signed Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” This executive order directs EPA and the Army Corps of Engineers (“the agencies”) to re-evaluate the Trump-era WOTUS rule. Although the Trump-era rule was vacated by a district court in August 2021, on December 7, 2021, the agencies proposed a rule that would permanently rescind the Trump-era WOTUS rule.","This proposed rule officially rescinds the (now-vacated) Trump-era WOTUS rule, thus returning WOTUS regulations to pre-2015 standards. The rule would redefine “waters of the United States” to include traditional navigable waters and their adjacent wetlands, tributaries to these waters, wetlands adjacent to these tributaries, and other “relatively permanent waters.” Once effective, these waters would officially fall under federal jurisdiction and, thus, would be protected by the Clean Water Act, which prohibits polluting them without a permit. Hundreds of thousands of streams and other waterways will be protected.",,"This new rule is expected to face legal challenges. The Biden administration is also expected to publish another rule in 2022 to further expand the definition of WOTUS from its pre-2015 definition. (This may be similar to the Obama-era rule that never took effect.)"
380,381,1,1/21/2022,In rulemaking,,,,Rulemaking - Overturning and replacing Trump,Environmental,DoT,Department of Transportation,Gas pipeline safety requirements,Gas pipeline safety requirements,6/9/2020,https://www.federalregister.gov/documents/2020/06/09/2020-11843/pipeline-safety-gas-pipeline-regulatory-reform,,trump,progress,1/11/2021,https://www.federalregister.gov/documents/2021/01/11/2021-00208/pipeline-safety-gas-pipeline-regulatory-reform,,trump,progress,3/12/2021,https://www.federalregister.gov/documents/2021/01/11/2021-00208/pipeline-safety-gas-pipeline-regulatory-reform,delayed,trump,progress,A rule streamlining the Federal Pipeline Safety Regulations.,"On June 9, 2020, the Department of Transportation proposed a rule to amend the Federal Pipeline Safety Regulations. These regulations govern the ""construction, maintenance, and operation of gas transmission, distribution, and gathering pipeline systems.""","These revisions provide greater flexibility in certain inspection requirements and exempt a greater number of pipelines and pipeline operators from specific provisions in the Federal Pipeline Safety Regulations. They also streamline the monitoring and reporting requirements that apply to “gathering lines,” pipelines that transport natural gas from their primary sourcing facility to longer transmission pipelines. The rule was finalized on January 11, 2021, and was supposed to go into effect on March 12, 2021. It is classified as an E.O. 13771 deregulatory action.",,"The Biden administration delayed the effective date of this rule to March 21, 2021. Although this rule did go into effect on that date, the Biden administration has since published its own gas pipeline rule (below)."
381,380,2,1/21/2022,In rulemaking,,,,Rulemaking - Overturning and replacing Trump,Environmental,DoT,Department of Transportation,Gas pipeline safety requirements,Biden's gas pipeline rule,11/15/2021,https://www.federalregister.gov/documents/2021/11/15/2021-24240/pipeline-safety-safety-of-gas-gathering-pipelines-extension-of-reporting-requirements-regulation-of,,biden,progress,11/15/2021,https://www.federalregister.gov/documents/2021/11/15/2021-24240/pipeline-safety-safety-of-gas-gathering-pipelines-extension-of-reporting-requirements-regulation-of,,biden,progress,5/16/2022,https://www.federalregister.gov/documents/2021/11/15/2021-24240/pipeline-safety-safety-of-gas-gathering-pipelines-extension-of-reporting-requirements-regulation-of,,biden,progress,A rule to improve safety and enforce stricter reporting standards for gas pipeline operators.,"On November 15, 2021, the Biden administration’s Department of Transportation published a new gas pipeline rule to improve the safety and reporting standards of domestic gas pipeline operators. This rule will go into effect on May 16, 2022.","This rule extends the gas pipeline design and reporting requirements described in the Federal Pipeline Safety Regulations to onshore natural gas gathering pipelines in rural areas. These gathering lines transport gas from primary production facilities to transmission lines, which are responsible for transporting gas over longer distances. Previously, these stricter regulations only applied to transmission lines. This rule cites environmental and safety risks related to gathering lines as reasoning to apply the same safety and design standards of transmission lines to gathering lines. This rule overrides some of the provisions in the Trump-era rule designed to streamline gas pipeline regulations.",,
382,"383,384",1,1/24/2022,In rulemaking,,,,Rulemaking - Overturning and replacing Trump,Environmental,EPA,Environmental Protection Agency,Reduction of methane emissions,Reduction of methane emissions,9/18/2015,https://www.federalregister.gov/documents/2015/09/18/2015-21023/oil-and-natural-gas-sector-emission-standards-for-new-and-modified-sources,,obama,progress,6/3/2016,https://www.federalregister.gov/documents/2016/06/03/2016-11971/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources,,obama,progress,8/2/2016,https://www.federalregister.gov/documents/2016/06/03/2016-11971/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources,rescinded,obama,progress,A rule regulating methane emissions from new oil and gas wells.,"The Environmental Protection Agency (EPA) characterizes oil and natural gas industry operations as, generally, composed of four segments: (1) extraction and production of crude oil and natural gas, (2) natural gas processing, (3) natural gas transmission and storage, and (4) natural gas distribution. On September 18, 2015, President Obama's Environmental Protection Agency (EPA) proposed new source performance standards for methane and volatile organic compounds. This rule was intended to regulate new crude oil and natural gas wells utilized by energy companies and went into effect on August 2, 2016.","This rule includes several emission sources not previously covered under these performance standards. These include fracking wells, which were required to use a process called ""green completion"" to recover natural gas during flowback. Oil and gas industry firms petitioned EPA to reconsider the rule.","On June 5, 2017, EPA announced a 90-day stay, and later proposed a two year extension. Several environmental groups immediately challenged the stay, and on July 3, 2017 the D.C. Circuit Court of Appeals ruled that EPA lacked authority to halt implementation of the regulations, which the court upheld en banc on July 31, 2017.","This rule was rescinded by the Trump administration, effective 2020 (below)."
383,"382,384",2,1/24/2022,In rulemaking,,,,Rulemaking - Overturning and replacing Trump,Environmental,EPA,Environmental Protection Agency,Reduction of methane emissions,Rollback of provisions,9/24/2019,https://www.federalregister.gov/documents/2019/09/24/2019-19876/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources-review,,trump,progress,9/14/2020,https://www.federalregister.gov/documents/2020/09/14/2020-18114/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources-review,,trump,progress,9/14/2020,https://www.federalregister.gov/documents/2020/09/14/2020-18114/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources-review,,trump,progress,A rule weakening aspects of new source performance standards.,"On September 24, 2019, the Trump administration's EPA proposed a rule rolling back 2012 and 2016 rules affecting parts of the new source performance standards and national emissions standards for hazardous air pollutants reviews. This rule was put into effect on September 14, 2020 and is considered an E.O. 13771 deregulatory action.","This action rescinds the greenhouse gas and volatile organic compounds standards applicable to the transmission and storage of natural gas and crude oil. In addition, EPA rescinds the methane requirements of the new source performance standards applicable in the production and processing of natural gas and crude oil. According to EPA estimates, this proposal is expected to increase methane emissions by 350,000-370,000 short tons, and save the oil and gas industry $97-123 million over the 2019-2025 time frame. Notably, EPA's methane deregulations lowered the social cost of methane to $55 per metric ton, significantly below the Obama-era estimate of $1,400.",,
384,"382,383",3,1/24/2022,In rulemaking,,,,Rulemaking - Overturning and replacing Trump,Environmental,EPA,Environmental Protection Agency,Reduction of methane emissions,Reinstating stricter methane emissions standards,11/15/2021,https://www.federalregister.gov/documents/2021/11/15/2021-24202/standards-of-performance-for-new-reconstructed-and-modified-sources-and-emissions-guidelines-for,,biden,progress,,,,,,,,,,,A rule implementing stricter emissions standards for the oil and natural gas industries.,"EPA introduced a rule pertaining to the Clean Air Act to reduce emissions from methane and other greenhouse gases on November 15, 2021. The Clean Air Act was initially enacted in 1963 and has since been used by federal agencies to update and implement new emissions standards for crude oil and natural gas extraction. This rule is a direct response to President Biden’s January 20, 2021 executive order, entitled ""Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” which directed EPA to create stricter emissions standards for these industries.","This rule reduces emissions in three ways. First, it strengthens emissions standards for sourcing crude oil and natural gas from new or reconstructed sources. Second, it requires that states create plans to reduce methane emissions from existing sources of crude oil and natural gas. Third, the rule overrules the Trump-era EPA rule intended to block Obama-era emissions standards in oil and gas sourcing (above). This rule is expected to reduce methane emissions by 41 million tons through 2035, or the equivalent of 920 million metric tons of CO2.",,"Read more about the proposed rule on EPA’s website."
385,,,3/23/2022,In effect,,,,Rulemaking,Telecom,DoT,Department of Transportation,Deploying broadband infrastructure,Deploying broadband infrastructure,8/13/2020,https://www.federalregister.gov/documents/2020/08/13/2020-17525/broadband-infrastructure-deployment,,trump,progress,12/3/2021,https://www.federalregister.gov/documents/2021/12/03/2021-26231/broadband-infrastructure-deployment,,biden,progress,3/3/2022,https://www.federalregister.gov/documents/2021/12/03/2021-26231/broadband-infrastructure-deployment,,biden,progress,A rule to make broadband easier to install along highways.,"Broadband is a term used to describe any high-speed internet access. In 2018, President Donald Trump signed the MOBILE NOW Act into law, which gives technical details on broadband installation and how to make it more efficient, including a “dig once” approach allowing broadband to be installed alongside other highway construction projects. In November 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act into law, which includes $65 billion for expanding broadband access nationwide. This rule, initially proposed by the Trump administration’s Department of Transportation (DoT) in 2020, went into effect under the Biden administration’s DoT on March 3, 2022 and aims to make broadband easier to install.","This rule, entitled “Deploying Broadband Infrastructure,” delegates specific responsibilities to state departments of transportation to carry out the MOBILE NOW Act and deploy broadband infrastructure along highways. This is meant to increase the efficiency of the broadband installation process. Specifically, this rule requires that state departments of transportation establish a registration process for broadband infrastructure companies that wish to take advantage of this rule; coordinate with state and private entities to take full advantage of the dig once policy and other right of way highway laws laid out in the MOBILE NOW Act by coordinating construction efforts along highways; and set up an electronic notification process to notify broadband companies participating in broadband installation of any policy changes over time that may affect their work. This rule is especially relevant given the $65 billion devoted to broadband expansion in President Biden’s infrastructure bill. Although this funding is federal, much of the construction will be coordinated at the state level and will abide by these regulations.",,
386,"387,388",1,2/23/2022,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,EPA,Environmental Protection Agency,Stricter mercury pollution standards,Stricter mercury pollution standards,3/16/2011,"https://www.epa.gov/mats/epa-proposes-mercury-and-air-toxics-standards-mats-power-plants#:~:text=March%2016%2C%202011%20%2D%20The%20EPA,toxic%20pollution%20from%20power%20plants.&text=Note%3A%20Pages%2025014%20and%2025069,contain%20references%20to%20proprietary%20technology.&text=EPA%20and%20the%20U.S.%20government,any%20of%20the%20listed%20products.",,obama,progress,12/21/2011,https://www.federalregister.gov/documents/2011/12/27/2011-33337/flexible-implementation-of-the-mercury-and-air-toxics-standards-rule,,obama,progress,4/16/2012,https://perma.cc/DNL4-CVZJ,weakened,obama,progress,An Obama-era rule reducing the amount of mercury and other toxins coal-burning power plants may emit.,"Mercury has been linked to several health problems including certain neurological disorders, cardiovascular harm, and weakened immune systems. In 1990, the three largest emitters of mercury were power plants, municipal waste combustors, and medical waste incinerators. By 2005, mercury emissions by the latter two had been reduced by over 96% (due to effective regulation), while mercury emissions by power plants had only been reduced by 10% (to 53 tons per year). Power plants emitted 50% of the U.S.’s mercury, 62% of the country’s arsenic, and 77% of the country’s acid gases–all considered hazardous air pollutants (HAPs). In 2012, President Obama’s Environmental Protection Agency (EPA) implemented the Mercury and Air Toxics Standards (MATS) rule to limit pollution of mercury and other HAPs by power plants, giving them 4 years to comply.","This rule implements strict standards for the emission of HAPs by coal- and oil-fired electric generating units with a capacity greater than 25 megawatts in power plants. The rule used the HAP emissions of the best-performing power plants as the standard for all power plants. When this rule was proposed, there were about 1,400 coal- and oil-fired electric generating units that were covered by these standards, located at 600 different power plants in the U.S. By 2017, mercury emissions had been reduced by 86%, according to the EPA. However, this rule is estimated to have cost industry $9.6 billion due to the installation of expensive pollution controls. By the Obama administration’s analysis, this rule would prevent 4,700 heart attacks, 130,000 asthma attacks, and 11,000 premature deaths each year.","In the 2015 case Michigan v. EPA, the Supreme Court ruled that EPA must weigh the costs to industry of an environmental regulation, which they had not included in their initial MATS cost-benefit analysis. In response, the EPA published a costs finding that maintained that MATS are ""appropriate and necessary"" for power plants on November 20, 2015.","This rule was weakened by the Trump administration, effective 2020 (below)."
387,"386,388",2,2/23/2022,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,EPA,Environmental Protection Agency,Stricter mercury pollution standards,Weakening of mercury standards,12/27/2018,https://www.epa.gov/sites/default/files/2018-12/documents/frnmatsfindingandrtr_12_2018wdisc.pdf,,trump,progress,4/16/2020,https://www.epa.gov/sites/default/files/2020-04/documents/frn_mats_finding_and_rtr_2060-at99_final_rule.pdf,,trump,progress,5/22/2020,https://www.federalregister.gov/documents/2020/05/22/2020-08607/national-emission-standards-for-hazardous-air-pollutants-coal--and-oil-fired-electric-utility-steam,,trump,progress,A Trump-era rule changing cost-benefit calculations to weaken the MATS rule and allow more pollution.,"In 2015, the Obama-era EPA reaffirmed that MATS are “appropriate and necessary,” and that the benefits far outweighed the costs by including positive health effects in their cost-benefit analysis. On December 27, 2018, the Trump-era EPA reversed this stance, claiming that the standards were not appropriate and necessary. These revisions went into effect on May 22, 2020.","To support this reversal, EPA revised its cost-benefit analysis of the standards to (1) disregard economically important indirect health benefits, (2) not account for recent research identifying direct health benefits from reduced emissions, such as fewer heart attacks, and (3) ignore relevant recent changes in the electricity sector. While this revision does not change MATS requirements on the books, it allowed EPA to stop enforcing them. The shift also set a precedent to make it more difficult to cite public health effects in justifying other environmental regulations.","On May 22, 2020, Westmoreland Mining Holdings LLC, a coal mining company, filed a petition for judicial review in the DC Court of Appeals against EPA challenging the legality of the MATS rule altogether. This petition was severed later that year and MATS remained in effect. Environmental groups separately filed a lawsuit against EPA in the DC Court of Appeals on June 19, 2020 claiming they must reaffirm the “appropriate and necessary” analysis of MATS.",
388,"386,387",3,2/23/2022,In rulemaking,,,,Rulemaking - Overturning Trump,Environmental,EPA,Environmental Protection Agency,Stricter mercury pollution standards,Reaffirming mercury standards,1/31/2022,https://www.washingtonpost.com/context/epa-mats-proposal/28987543-4913-4eb7-b7c5-17ff55559c6f/,,biden,progress,,,,,,,,,,,A Biden-era rule effectively reinstating the original mercury standards.,"On January 20, 2021, President Biden signed Executive Order 13990, entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” This triggered the immediate review of all agency actions taken under the Trump administration, including MATS.","On January 31, 2022, the Biden-era EPA reversed its Trump-era stance to reaffirm that Mercury and Air Toxics Standards (MATS), strict standards limiting mercury and other hazardous air pollutants from coal-fueled power plants, are “appropriate and necessary.” This allows EPA to begin enforcing this rule again, which previously led to the reduction of mercury emissions by 86%. (See the “impact” section above from when the rule was first implemented in 2012 for other specific effects.)",,
389,390,1,3/25/2022,Rescinded,,,,Rulemaking - Overturning Trump,Environmental,DoE,Department of Energy,Appliance energy conservation standards,Appliance energy conservation standards,2/13/2019,https://www.federalregister.gov/documents/2019/02/13/2019-01854/energy-conservation-program-for-appliance-standards-proposed-procedures-for-use-in-new-or-revised,,trump,progress,2/14/2020,https://www.federalregister.gov/documents/2020/02/14/2020-00023/energy-conservation-program-for-appliance-standards-procedures-for-use-in-new-or-revised-energy,,trump,progress,4/14/2020,https://www.federalregister.gov/documents/2020/02/14/2020-00023/energy-conservation-program-for-appliance-standards-procedures-for-use-in-new-or-revised-energy,rescinded,trump,progress,A rule making it more difficult to update appliance energy conservation standards.,"This rule introduces new standards meant to streamline the DoE review process of energy conservation standards for consumer products and certain types of industrial equipment. This includes refrigerators, water heaters, and air conditioners. The rule was introduced by the Trump administration on February 13, 2019, and went into effect on April 14, 2020.","Changes made by this rule include expanding early opportunities for public input on the DoE Appliance Program's priority setting and rulemaking activities and establishing a 180-day window between test procedure and energy standard proposals, drawing out the process for approving new standards. The most controversial provision of the rule specifies that a proposed energy conservation standard will not be considered unless it meets a “significant energy savings threshold,” inhibiting standards with more incremental change from being approved. While proponents of the rule claim it will increase the scrutiny in the review process of energy conservation standards and clarify standards for equipment manufacturers, opponents of the rule, including environmental groups, claim that it will make implementing stricter energy standards more difficult. According to one environmental group, looser energy conservation standards will help emit 3 billion additional tons of carbon dioxide pollution by 2030.","Environmental and consumer advocacy groups, including the Natural Resources Defense Council, sued DoE in April 2020, contesting that this rule set an arbitrary energy savings threshold for new standards to be approved, and that the standards will contribute to excess pollution.","In 2022, the Biden administration partially rescinded this rule (below)."
390,389,2,3/25/2022,Rescinded,,,,Rulemaking - Overturning Trump,Environmental,DoE,Department of Energy,Appliance energy conservation standards,Re-implementing stricter energy conservation standards:,4/12/2021,https://www.federalregister.gov/documents/2021/04/12/2021-06853/energy-conservation-program-for-appliance-standards-procedures-interpretations-and-policies-for,,biden,progress,12/13/2021,https://www.federalregister.gov/documents/2021/12/13/2021-25725/energy-conservation-program-for-appliance-standards-procedures-interpretations-and-policies-for,,biden,progress,1/12/2022,https://www.federalregister.gov/documents/2021/12/13/2021-25725/energy-conservation-program-for-appliance-standards-procedures-interpretations-and-policies-for,,biden,progress,Biden-era rule rescinding many of the looser Trump-era energy standards.,"This rule was proposed by the Biden administration on April 12, 2021 and implemented on January 12, 2022.","This rule eliminates many of the hurdles created by the Trump-era rule in passing energy conservation standards for appliances. This includes eliminating the minimum energy savings threshold, requirements to conduct extraneous comparative analyses of proposed standards, and the 180-day buffer between testing and new standard proposals. In doing so, the Biden administration makes it easier to pass stricter energy conservation standards for appliances, which many lawmakers and advocates have implored the president to prioritize.",,
391,,,3/25/2022,In rulemaking,,,,Rulemaking - Biden new,Financial,SEC,Securities and Exchange Commission,Disclosure rules for private investment funds,Disclosure rules for private investment funds,2/9/2022,https://www.sec.gov/rules/proposed/2022/ia-5955.pdf,,biden,progress,,,,,,,,,,,A rule to increase transparency and competition among private investment funds.,"The Investment Advisers Act of 1940 is the foundational piece of legislation outlining information disclosures to the Securities and Exchange Commission and the public by private investment fund advisers. This law applies to advisers with at least $100 million worth of investments under their supervision. On February 9, 2022, the Securities and Exchange Commission (SEC) invoked this law to propose new information disclosure rules.","The purpose of these rules is to increase access to private investment funds’ financial information for investors or potential investors. SEC claims that this will, in turn, increase competition and efficiency in the private investment marketplace. Specifically, the rules would require investment fund advisers to disclose information on a fund’s fees, expenses, and performance in a quarterly statement to investors. They would also require advisers to record in writing annual reviews of the fund’s regulation compliance. Additionally, other, broader reforms that apply to fund advisers are included in this rule, such as: the prohibition of preferential treatment of any one investor unless this is disclosed to the public; stricter compliance rules regarding audits and the disclosure of books and records to SEC; the prohibition of charging fees for unperformed services or for investigating the adviser to the fund; and the prohibition of receiving a credit extension from a private fund client.",,
392,,,3/25/2022,In effect,,,,Rulemaking - Biden new,Immigration,"DHS, DoL","Department of Homeland Security, Department of Labor",Increased flexibility with H-2B visas,Increased flexibility with H-2B visas,1/28/2022,https://www.federalregister.gov/documents/2022/01/28/2022-01866/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2022-numerical-limitation-for-the,,biden,progress,1/28/2022,https://www.federalregister.gov/documents/2022/01/28/2022-01866/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2022-numerical-limitation-for-the,,biden,progress,1/28/2022,https://www.federalregister.gov/documents/2022/01/28/2022-01866/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2022-numerical-limitation-for-the,,biden,progress,A rule increasing the number of H-2B work visas and allowing some applicants to begin work before their visa is approved.,"H-2B visas are temporary work visas for non-agricultural workers. A U.S. employer must file a petition on the worker’s behalf for the visa to be approved. This rule was proposed on January 28, 2022 and is effective immediately for the first half of fiscal year 2022. It was proposed jointly by the U.S. Citizenship and Immigration Services in the Department of Homeland Security (DHS) and the Employment and Training Administration and Wage and Hour Division in the U.S. Department of Labor (DOL).","This rule increases the number of H-2B visas that will be accepted for workers with position start dates on or before March 31, 2022 by 20,000. Of these, 13,500 will be reserved for returning workers, while 6,500 will be reserved for workers from Haiti and the “Northern Triangle countries” of Honduras, Guatemala, and El Salvador. This is in addition to the cap of 33,000 H-2B visas that are to be accepted every six months, as set by Congress. This rule also allows H-2B workers who already reside in the United States to remain in the country and begin work immediately after filing their H-2B petition, even as it is pending approval, if they have a valid temporary labor certification.",,"DHS intends to issue additional rules to protect against the exploitation of H-2B visa workers and further streamline the application process."