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Editor's Note
The Regulation Digest will be on hiatus for the next two weeks as The George Washington University is closed for winter break. The newsletter will return Wednesday, January 8. Happy New Year to all!
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Agency Rulemaking Highlights
Notable ActionsJunk Fees Rule Narrowed
The Federal Trade Commission finalized its rule banning bait-and-switch pricing or “junk fees.” In a bipartisan decision the Commission narrowed the rule to industries of live-event ticketing and short-term lodging. The advance notice of proposed rulemaking received more than 60,000 public comments, including one authored by RSC’s Mary Sullivan which recommended narrowing the generalized rule to these two industries to focus on markets where junk fees are known to be harmful.
NSPS for Stationary Combustion and Gas Turbines
The Environmental Protection Agency (EPA) is proposing amendments to the standards of performance for new, modified, and reconstructed stationary combustion turbines and stationary gas turbines based on a review of available control technologies for limiting emissions of criteria air pollutants. The proposed rule would lower the nitrogen oxide standards of performance for most of the stationary combustion turbines included in this source category. Comments due March 13.
Partial Waiver of Cellulosic Biofuel Volume Requirement
EPA is proposing to partially waive the 2024 cellulosic biofuel volume requirement and revise the associated percentage standard under the Renewable Fuel Standard (RFS) program due to a shortfall in cellulosic biofuel production. This action also proposes to extend the 2024 RFS compliance reporting deadline and minor revisions related to the biogas provisions of the RFS program. Comments due January 21.
PCE and TCE under the Toxic Substances Control Act
EPA issued two final rules to address the unreasonable risk of injury to health presented by perchloroethylene (PCE) and trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA), respectively. The rules will apply TSCA requirements to the chemical substances including preventing consumer access to the chemicals, restricting the industrial and commercial use, and providing time-limited exemptions for critical or essential uses. Effective January 16 for TCE and January 17 for PCE.
Regulation V (Fair Credit Reporting Act)
The Consumer Financial Protection Bureau proposed two rules under Regulation V. The first is a proposed rule to amend Regulation V to protect Americans from harmful data broker practices by implementing the Fair Credit Reporting Act (FCRA)’s definitions of consumer report and consumer reporting agency. The proposal would also implement FCRA’s provisions governing when consumer reporting agencies can furnish, and users can obtain, consumer reports. Comments due March 3.
The second is an advance notice of proposed rulemaking seeking information ahead of a proposed rule to amend the definition of identity theft in Regulation V. Comments due March 7.
Safe Accommodations for Air Travelers with Disabilities
The Department of Transportation issued a final rule to address problems individuals with disabilities face when traveling by air that affect their safety and dignity, including mishandled wheelchairs and scooters, and improper transfers between airplane seats, aisle chairs, and personal wheelchairs. Effective January 16.
Employment Authorization
The Department of Homeland Security (DHS) issued a final rule to permanently increase the automatic extension period for expiring employment authorization for renewal applications who filed the Application for Employment Authorization on time. The timeframe under the new rule is increased from up to 180 days to up to 540 days. Effective January 13.
Modernizing Visa Requirements
DHS issued two final rules amending visa requirements. One rule aims to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures. Effective January 17.
The second final rule amendsDHS regulations affecting temporary agricultural and temporary nonagricultural workers under the H-2 visa programs, as well as their employers. Effective January 17.
Mandatory Bars in Fear Screenings
DHS issued a final rule amending its regulations to allow asylum officers to consider the potential applicability of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings, including credible fear screenings where the Circumvention of Lawful Pathways or Securing the Border rules apply. Effective January 17.
30-Day Notification Requirement for Nonpayment of Rent
The Department of Housing and Urban Development issued a final rule that requires public housing agencies and owners of properties receiving project-based rental assistance to provide written notification to tenants facing eviction for nonpayment of rent 30 days prior to filing a formal judicial eviction procedure. Effective January 13.
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In the News
Governance & Politics
- Can DOGE Cut $2 Trillion in Federal Spending? Not Directly, But it has Trump’s Ear, Christian Science Monitor ⭐ feat. RSC’s Susan Dudley
- Trump Allies, Opponents Prepare to Battle Over Plans for At-Will Workforce, Washington Post
- Last-Ditch Effort to Block Schedule F’s Return Thwarted by Senate Republicans, Government Executive
- Will Civil Service Protections Hold Up Against RFK Jr.’s Threats to the Federal Public Health Workforce?, Government Executive
- Sen. Ernst Bill Would Monitor Federal Employee Computer Use, Federal News Network
- Deal to Avert Government Shutdown Includes $110 Billion in Disaster, Farm Aid, Wall Street Journal
- Trump Leans on Czars for Key Policy Areas, The Hill
- Watchdog Group Wants Records From DOGE Talks With Federal Agencies, New York Times
- Warren Asks for Conflict-of-Interest Rules Covering Musk,
The Hill
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Financial Markets & Housing
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Transportation & Infrastructure
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