Agencies prep for looming shutdown. FCC aims to bring back Net Neutrality
Agencies prep for looming shutdown. FCC aims to bring back Net Neutrality

Regulation Digest
September 27, 2023
Vol. 12, No. 39
Editor: Nate Thompson
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Marketplace of Ideas

GW Regulatory Studies
- Podcast: Discussing the Draft Merger Guidelines, Mary Sullivan & Joe Cordes
R Street
The Reassertion of the Regulatory Welfare State: A Preface, Avishai Benish & David Levi‐Faur
The Regulatory Review
Tech Policy Institute
Urban Institute
Washington Legal Fdn.

American Action Forum
Overreach at the SEC, Thomas Kingsley
- What Medical Debt?, Douglas Holtz-Eakin
American Prospect
Event: BBB Soft Law Summit (Request Invitation), 10/17
Bipartisan Policy Ctr.
C. Boyden Gray Center
Cato Institute
More Airline Regulations, Shih‐Hsien Chuang

Economic Policy Inst.
Federalist Society
Free State Foundation
Heritage Foundation
Inst. for Policy Integrity
Administrative Severability, Adelaide Duckett & Don Goodson
Mercatus Center
Procurement and Infrastructure Costs, Zachary Liscow et al.
Niskanen Center

Agency Rulemaking Highlights

Notable Actions

Preventing the Improper Use of CHIPS Act Funding
The Department of Commerce finalized a rule implementing provisions of the CHIPS and Science Act of 2022 that prohibit program funds from being used to benefit foreign countries of concern. The prohibition aims to bolster domestic supply chains and boost U.S. production of advanced semiconductors. Effective November 24.
Water Quality Certification Improvement
The Environmental Protection Agency (EPA) issued a final rule replacing the regulatory requirements for water quality certification under the Clean Water Act. With the update, EPA intends to make the certification process more efficient and predictable. Effective November 27. 
Reclassifying Major Sources to Area Sources Under CAA 
EPA is proposing to add requirements for sources seeking to reclassify from major source status to area source status under the National Emission Standards for Hazardous Air Pollutants program of the Clean Air Act. Comments due November 13. 
Possible Revision or Elimination of Rules
The Federal Communications Commission requests a review of and comments on its rules adopted between 2007 and 2012 to determine whether they should be updated, retained or rescinded in order to minimize significant impacts on substantial numbers of small entities. Comments due November 27.    
Schools and Eligibility for Child Nutrition Programs
The U.S. Department of Agriculture (USDA) issued a final rule amending its regulations that allow schools to offer no-cost meals to all enrolled students. The rule lowers the minimum proportion of low-income student enrollment at a school to 25 percent from 40 percent, giving more schools the flexibility to participate in the program. USDA asserts the change will increase students’ access to healthy, no-cost meals and reduce the stigma of receiving nutrition-support benefits. Effective October 26. 
Streamlining Medicaid; Medicare Savings Program Eligibility Determination and Enrollment
The Centers for Medicare and Medicaid Services finalized a rule simplifying processes for eligible individuals to enroll and retain eligibility in the Medicare Savings Programs by aligning enrollment with requirements and processes of other public programs. Effective November 17. 
Hazardous Materials: Modernizing Regulations To Improve Safety and Efficiency; Extension of Comment Period
The Department of Transportation is extending for an additional 60 days the comment period for its advance notice of proposed rulemaking, “Hazardous Materials: Modernizing Regulations to Improve Safety and Efficiency.” The proposal seeks to increase efficiency while maintaining or improving the safety of hazardous materials transportation. Comments now due December 4.
The George Washington University
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