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Regulation Digest

September 6, 2023
Vol. 12, No. 36
Editor: Nate Thompson
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Agency Rulemaking Highlights

Notable Actions

Transportation of LNG by Rail
The Pipeline and Hazardous Materials Safety Administration issued a final rule amending its regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars. The suspension is pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2025. Effective October 31.

Visas: Ineligibility Based on Public Charge
The Department of State has decided not to finalize the regulatory amendments made by the 2019 interim final rule titled “Visas: Ineligibility Based on Public Charge Grounds.” The interim final rule has been obsoleted by updated standards of the Department of Homeland Security. Effective October 5.

Veterans and Exposure to Fine Particulate Matter
The Department of Veterans Affairs (VA) is adopting with changes its interim final rule that governs the presumptive service connection based on exposure to fine particulate matter. The final rule eases the evidentiary burden of Gulf War Veterans who file claims with VA for asthma and related conditions. Effective October 31.

Minimum Staffing Standards for Long-Term Care Facilities
The Centers for Medicare & Medicaid Services is proposing minimum staffing standards to promote safety and quality of care in long-term care facilities. Comments due November 6.

Affordable Connectivity Program
The Federal Communications Commission issued a final rule establishing discounts available for monthly broadband services provided in high-cost areas by participants in the Affordable Connectivity Program. The program allows broadband services to provide a monthly benefit of up to $75 to eligible households in locations deemed as high-cost areas, aiming to narrow the digital divide. Effective October 2.

Energy Conservation Standards
The Department of Energy (DoE) published a direct final rule establishing new energy conservation standards for air cleaners. Effective August 9, with compliance required beginning December 31.

DoE is also proposing new energy conservation standards for walk-in coolers and consumer boilers. Comments due November 6 and October 13, respectively.

The Opinion Section

WSJ Editorial Board: California’s Assault on Trucks

Margot T. Oga: Fact-checking the Misinformation Attacks on the EPA’s Clean Car Standards

Will Dobbs-Allsopp: How the Clean Air Act Paves the Road to Expanding Electric Vehicle Chargers

Andy Kessler: The Climate-Change ‘Emergency’ Is Coming for You

Mark Jamison: The Biden Administration Embraces a Backward Approach to Economics

Hal Scott & John Gulliver: The SEC Targets Private Capital

Donna Brazile: Republicans are at War with Corporate America Over Diversity

Karen Petrou: Regulators Must Monitor More than Big Banks to Avoid Systemic Failure

Lawrence O. Gostin & James G. Hodge Jr.: What to Expect from the Emerging Battle Royale Over Drug Prices

Rebecca Christie: Feel-good War on Short Flights Misses the Mark

In the News

Governance & Politics

Agencies, Contractors Officially Can No Longer Request Applicants’ Criminal Records When Hiring, Federal News Network
Labor, OPM, Census Dialing Up AI Tools to Crunch Data, Improve Mission Outcomes, Federal News Network

Financial Markets & Housing

Crypto Regulation Gets Even Messier After SEC Setbacks, Axios
Ripple Opposes SEC Appeal of Ruling That Crypto Isn’t Security, Bloomberg
Private Equity, Hedge Funds Sue SEC to Fend off Oversight, Wall Street Journal
Wall Street Fights Back Against New SEC Reforms in Scathing Lawsuit, The Hill
It’s Much Harder to Find an Airbnb in NYC as New Rules Take Hold, Bloomberg
AirBnB Restrictions Begin in New York City, NPR
California Case Could Deal Blow to High-interest Online Lenders, Reuters

Energy & Environment

The Biggest Fossil Fuel Subsidies are Indirect, and Bigger than Ever, Bloomberg
Energy Dept. Announces $12 Billion to Help Factories Convert to Electric Cars, New York Times
Home Insurers Cut Natural Disasters from Policies as Climate Risks Grow, Washington Post
A New Satellite Will Help Tackle Methane Leaks, a Major Driver of Global Warming, NPR
California's New Emissions Lab Will Help the State Meet Strict Air Pollution Standards, NPR
UK Government Lifts De Facto Ban on Onshore Wind Farms, Associated Press

Business and Technology

Companies Will Use Generative AI. But Will They Tell You About It?, Wall Street Journal
We Can’t Stop AI, But Here’s How We Might Shape its Effects, Washington Post
Exclusive Survey: Experts Favor New US Agency to Govern AI, Axios
From China to Brazil, Here’s How AI is Regulated Around the World, Washington Post
Progressives Target Top Antitrust Democrat, The Hill
Meta, Canada Remain at Odds After Canadian Attempts to Clarify New Law, The Hill

Health & Safety

Federal Officials Propose New Nursing Home Standards to Increase Staffing, New York Times
Should Marijuana's Status as a Strictly Controlled Substance be Downgraded?, NPR
Slightly Higher Times: Biden Administration Moves to Loosen Weed Restrictions, Politico
Regulators Are Cracking Down on Shelf Placement of Alcoholic Drinks From Household-name Brands, Wall Street Journal
Novartis Sues US Government Over Medicare Drug Price Regulation, Reuters
Biden Administration Proposes Expanding Background Checks on Gun Sales, New York Times
Fish Oil Labels are Misleading, New Study Shows, NPR

Transportation & Infrastructure

More Small Airports are Being Cut Off from the Air Travel Network. This is Why, NPR
Drivers Squeezed as Auto Insurance Costs Soar Across the US, Washington Post
NHTSA Takes Next Step to Force Recall of Potentially Exploding Air-Bag Parts, Wall Street Journal

Education

Student Loan Payments are Back. Now What?, NPR

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Agency Rulemaking Highlights

Notable Actions