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Agency Rulemaking Highlights
Notable ActionsElectric Bicycles
The Consumer Product Safety Commission issued an advance notice of proposed rulemaking (ANPRM) to inform the development of a rule to address the risk of injury associated with electric bicycles (e-bikes). The ANPRM seeks comments on the risk of injury associated with mechanical hazards of e-bikes, potential regulatory alternatives, economic impacts of potential regulatory approaches, existing voluntary standards, and plans to develop new standards. Comments due May 14.
Voluntary Labeling of FSIS-Regulated Products with US-Origin Claims
The Food Safety and Inspection Service issued a final rule amending the conditions under which meat, poultry, and egg products can bear voluntary labels indicating that the product is of United States origin. Under the final rule, products bearing the claims “Product of USA” and “Made in the USA” may only be displayed if the product is derived from animals born, raised, slaughtered, and processed in the United States. Effective May 17.
Open Burning and Detonation of Waste Explosives
The Environmental Protection Agency issued a proposed rule to revise regulations that allow for the open burning and detonation of waste explosives. Based on the identification of safe alternatives in a recent National Academy of Sciences, Engineering, and Medicine report, the proposed revisions would reduce open burning and detonation of waste explosives and increase control of air emissions produced by open burning and detonation practices. Comments due May 20.
Difficult to Compound Drug Products
The Food and Drug Administration (FDA) issued a proposal to establish criteria for the lists of drug products or categories of drug products that present demonstrable difficulties for compounding under certain sections of the Federal Food, Drug, and Cosmetic Act. FDA is also proposing to identify the first three categories of drug products on the lists. Drug products that appear on the lists cannot qualify for certain statutory exemptions, prohibiting their compounding under either section 503A or section 503B. Comments due June 18.
Energy Conservation Standards
The Department of Energy (DOE) issued a direct final rule prescribing energy conservation standards for residential clothes washers, along with an accompanying notice of proposed rulemaking. The rule adopts standard levels that were proposed in a letter submitted to DOE jointly by groups representing manufacturers, energy and environmental advocates, consumer groups, and a utility. If DOE receives adverse comment by July 3 and determines that such comment may provide a reasonable basis for withdrawal of the direct final rule, DOE will publish a notice of withdrawal and will proceed with the proposed rule. Effective July 15.
DOE also published a notification of data availability (NODA) for its proposed rule to amend standards for walk-in coolers and walk-in freezers. The NODA updates portions of the agency’s analysis based on information received in response to DOE’s September 2023 notice of proposed rulemaking. Comments due April 15.
Schedule for Rating Digestive Disabilities
The Department of Veterans Affairs (VA) issued a final rule to update the digestive system portion of the VA Schedule for Rating Disabilities to use current medical terminology and provide updated criteria for evaluative digestive conditions. Effective May 19.
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