Agency Rulemaking Highlights
Notable Actions
The Office of Management and Budget seeks public comment on a draft memorandum that proposes to establish new agency requirements in areas of AI governance, innovation, and risk management. The draft memo would direct agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public. Additional details at ai.gov/input. Comments due December 5.
The Federal Communications Commission (FCC) is proposing to reestablish its authority over broadband internet access service by classifying it as a telecommunications service under Title II of the Communications Act. The proposed rule aims to provide the FCC with authority necessary to safeguard the open internet, advance national security, protect public safety, and reestablish conduct rules for internet service providers under a national approach for safeguarding internet openness. Comments due December 14.
The United States Department of Agriculture (USDA) has amended the organic livestock and poultry production requirements by adding new provisions for livestock handling and transport, slaughter, and poultry living conditions. The final rule expands and clarifies existing requirements covering livestock care and production practices and non-avian living conditions. These changes purport to ensure organically produced foods meet a transparent and consistent standard to allow the industry to maintain consumer confidence in USDA organic products, to align with consumer expectations regarding outdoor access, and to further facilitate interstate commerce in organic products. Effective January 2, 2024.
The Department of Labor is proposing a new regulatory definition of an investment advice fiduciary for purposes of Title I and Title II of the Employee Retirement Income Security Act. The proposal also would amend the parallel regulation defining “fiduciary” of an investment plan, including an individual retirement account. The proposal is intended to better reflect the purpose of the statute and to better protect the interests of retirement investors and their beneficiaries. Comments due January 2, 2024.
The departments of Treasury, Labor, and Health and Human Services are proposing new information disclosure requirements for health insurers offering group or individual health insurance coverage. The proposal would introduce new requirements for information disclosure that insurance issuers must include along with the initial payment or notice of denial of payment for items and services subject to the surprise billing protections in the No Surprises Act. These proposed rules would also require plans and issuers to communicate information by using claim adjustment reason codes and remittance advice remark codes when providing any paper or electronic remittance advice to an entity that does not have a contractual relationship with the plan or issuer. Comments due January 2, 2024.
The Department of Energy is prescribing energy conservation standards for various consumer and industrial dehumidifiers, having determined the more stringent standards to be technologically feasible and economically justified. A public webinar will be hosted December 14 for more details. Comments due January 5, 2024.
The Forest Service is proposing to amend its special use regulations prohibiting exclusive use of National Forest System lands in order to provide an exemption for carbon capture and storage. The proposal would also add a definition for “carbon capture and storage.” Comments due January 2, 2024.
