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Agency Rulemaking Highlights
Notable ActionsPFAS National Primary Drinking Water Regulation
The Environmental Protection Agency issued a final rule to finalize National Primary Drinking Water Regulations setting maximum contaminant levels for six PFAS. The rule also finalizes a hazard index for combinations of some of the six PFAS. Effective June 25.
NEPA Implementing Regulations Provisions Phase 2
The Council on Environmental Quality issued a final rule to revise regulations for implementing procedural provisions of the National Environmental Policy Act (NEPA). The rule seeks to provide greater clarity of the regulatory text, improve the efficiency and effectiveness of the NEPA process, and promote consistency across federal agencies. Effective July 1.
Airline Fees Transparency and Refund Rules
The Department of Transportation issued two final rules related to airline fees. The first strengthens consumer protections by requiring airlines to disclose passenger-specific, itinerary-specific fees, and ancillary services fees. Effective July 1.
The second requires airlines to issue automatic refunds to customers when an airline cancels or makes significant changes to a scheduled flight or does not provide paid-for ancillary services and the customer is not offered or rejects alternative compensation. Effective June 25.
Child Nutrition Programs Meal Patterns
The Department of Agriculture issued a final rule that aligns long-term school nutrition requirements with the Dietary Guidelines for Americans, 2020-2025. The rule will gradually phase in added sugar limits for school lunch and breakfast programs and update total sugar limits for breakfast cereals and yogurts. The rule also reduces sodium limits and strengthens Buy American provisions. Effective July 1.
Revision of Firearms License Requirements
The Department of Commerce issued an interim final rule that will amend the Export Administration Regulations to enhance the control structure for firearms and related items. The rule creates additional restrictions on the availability of license exceptions and amends license review policies. Effective July 1.
Nondiscrimination on the Basis of Sex in Education Programs
The Department of Education issued a final rule to amend Title IX’s regulatory requirements to better provide an educational environment free from discrimination on the basis of sex. The rule seeks to provide education programs with appropriate discretion and flexibility to meet Title IX obligations. Effective August 1.
Clean Energy for Federal Buildings
The Department of Energy issued a final rule to establish energy performance standards for new construction and major renovations of federal buildings. The rule will require federal agencies to reduce their use of on-site fossil fuels. Effective July 15.
Unaccompanied Children Program Foundational Rule
The Department of Health and Human Services (HHS) issued a final rule updating key aspects of the placement, care, and services provided to unaccompanied children in federal custody due to their immigration status. The rule establishes a foundation for the Unaccompanied Children Program and enhances public transparency regarding the program’s policies. Effective July 1.
Designated Placement Requirements for LGBTQI+ Children
HHS issued a final rule that finalizes requirements for LGBTQI+ children in foster care to ensure they receive safe and proper care and a case plan to ensure their health and wellbeing. The rule will require agencies to ensure that placements for children are free from harassment, mistreatment, and abuse. Effective July 1.
Removal of Outdated Regulations
The Indian Health Service issued a final rule to remove outdated regulatory text to better align with the Hyde Amendment, which restricts the use of federal funds with regard to abortion. Effective May 30.
Reproductive Health Care Privacy
HHS issued a final rule to modify HIPAA’s Privacy Rule to limit disclosures of an individual’s personal health information related to reproductive health care for certain non-health care purposes. Effective June 25.
Retirement Security Rule
The Department of Labor issued a final rule defining when a person renders “investment advice for a fee or other compensation” with respect to an employee benefit plan, to define a “fiduciary” in the Employee Retirement Income Security Act of 1974. Effective September 23.
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