Agency Rulemaking Highlights
Notable Actions
The Environmental Protection Agency issued a final rule to implement certain provisions of the American Innovation and Manufacturing Act of 2020. The rule establishes an emissions reduction and reclamation program for the management of hydrofluorocarbons that includes requirements for leak repair and installation for certain equipment using refrigerants containing hydrofluorocarbons; the servicing, repair, and installation of certain equipment to be done with reclaimed or recycled hydrofluorocarbons; and removal of hydrofluorocarbons from disposable cylinders before disposal. Effective December 10.
The Department of Defense (DoD) issued a final rule to establish the Cybersecurity Maturity Model Certification (CMMC) Program in order to verify contractors have implemented required security measures necessary to safeguard Federal Contract Information and Controlled Unclassified Information. The program will allow DoD to confirm a defense contractor or subcontractor has implemented the security requirements for a specified CMMC level and is maintaining that status across the contract period of performance. Effective December 16.
The Centers for Medicare and Medicaid Services is proposing changes to the provisions and parameters established through prior rulemaking to implement the Affordable Care Act. The proposed rule includes payment parameters and provisions related to the HHS-operated risk adjustment and risk adjustment data validation programs, modifications to the calculation of the Basic Health Program payment, and changes to the Initial Validation Audit sampling approach and Second Validation Audit pairwise means test, among others. Comments due November 12.
Fundamental Responsibilities of Statistical Agencies
The Office of Management and Budget issued a final rule to provide direction to Recognized Statistical Agencies and Units in carrying out their four fundamental responsibilities, including producing and disseminating relevant and timely statistical information, conducting credible and accurate statistical activities, conducting objective statistical activities, and protecting the trust of information providers by ensuring the confidentiality and exclusive statistical use of their responses. Effective December 10.
The Office of Personnel Management is proposing to change the regulatory criteria used to define Federal Wage System (FWS) wage area boundaries and make changes in certain wage areas. The proposed rule would make the FWS wage area criteria more similar to the General Schedule locality pay area criteria and would affect around ten percent of the FWS workforce. Comments due December 10.
The Commodity Futures Trading Commission (CFTC) issued guidance that outlines factors for designated contract markets to consider in connection with the design and listing for trading of voluntary carbon credit derivative contracts. The guidance addresses certain Core Principle compliance considerations, as well as certain requirements relating to the submission of new contracts and contract amendments to CFTC.
