Securing the border. Electric transmission planning. AI and antitrust.
Securing the border. Electric transmission planning. AI and antitrust.

Regulation Digest
June 12, 2024
Vol. 13, No. 24
Editor: RSC Team
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Marketplace of Ideas


GW Regulatory Studies
Tech Policy Institute
- Podcast: Prediction Machines and Their Impact, Ajay Agrawal
Urban Institute
Washington Legal Fdn.
Yale JREG
ACUS
- Event: Plenary Session, June 13
AAF
Biopharma Security and China, Douglas Holtz-Eakin
AEI
American Prospect
Brookings Inst.
C. Boyden Gray Ctr.
Cato Institute
CAP
5 Priorities for the G7 Summit, Allison McManus
CEI
ERIF
Free State Foundation
GAO
Heritage Foundation
ITIF
Law & Liberty
Can the Fed Fund the CFPB?, Paul H. Kupiec & Alex J. Pollock
Manhattan Inst.
The Cost of Being a Green Leader, Jonathan A. Lesser
NBER
Niskanen Center
Progressive Policy Inst.
R Street
Reason
RFF
Carbon Scoring: Initial Baseline, Kevin Rennert et al.
The Regulatory Review
The Importance of Removal Restrictions in a Schedule F World, Jennifer L. Selin & Paul R. Verkuil
Roosevelt Institute
Building the Government We Need, K. Sabeel Rahman
SSRN

Agency Rulemaking Highlights


Notable Actions

Securing the Border
The Department of Homeland Security (DHS) and the Department of Justice issued an interim final rule in response to President Biden’s Proclamation 10773 of June 3, 2024, which suspends and limits the entry of certain noncitizens during emergency border circumstances. The rule makes three key changes: 1) certain individuals will be ineligible for asylum unless exceptionally compelling circumstances exist; 2) DHS will provide general notices but not affirmatively ask whether individuals have a fear of persecution or an intent to apply for asylum; 3) limitations on asylum eligibility will be applied during credible fear interviews and reviews. Effective June 5 and comments due July 8.
Electric Regional Transmission
The Federal Energy Regulatory Commission (FERC) issued a final order that revises its existing regional and local transmission planning and cost allocation requirements. The rule requires transmission providers to conduct Long-Term Regional Transmission Planning and directs other reforms to improve coordination of regional transmission planning, require consideration of certain alternative transmission technologies, and improve transparency of local transmission planning processes. Effective August 12.
9-11 Biometric Entry-Exit Fees for Visas
DHS issued a proposed rule amending its regulations concerning the 9-11 Response & Biometric Entry-Exit Fee for H-1B and L-1 Visas. The proposed changes would clarify that DHS requires covered employers to submit the 9-11 Biometric Fee for all extension-of-stay petitions, regardless of whether a Fraud Fee applies, including petitions that do not involve a change of employer. Comments due July 8.
Event Contracts in Commodities
The Commodity Futures Trading Commission (CFTC) is proposing to amend its rules concerning event contracts in certain excluded commodities. The proposal would further specify types of event contracts that fall within the scope of section 5c(c)(5)(C) of the Commodity Exchange Act and are contrary to the public interest, such that they may not be listed for trading or accepted for clearing on or through a CFTC-registered entity. Comments due July 9.
Water Quality Certification for FERC Proceedings
FERC issued a proposed rule to clarify that for all proceedings that require a section 401 water quality certification, the certifying authority may act on the water quality certification request for one year after receiving the request. The proposed rule also clarifies that all FERC authorizations with the potential to discharge into waters of the United States require a section 401 water quality certification or waiver. Comments due July 8.
Business
The George Washington University
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