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Agency Rulemaking Highlights
Notable ActionsEnergy Conservation Program
The Department of Energy (DOE) took several actions under its Energy Conservation Program. DOE issued final rules adopting more stringent standards for general services lamps and distribution transformers effective July 3 and July 8, respectively. DOE also issued a proposed rule and direct final rule related to dishwashers. Comments on the proposed rule are due May 24; the direct final rule is effective August 22 if no adverse comments are received.
Vehicle Emissions Standards
The Environmental Protection Agency issued two final rules related to vehicle emission standards. The first will finalize stricter emissions standards for light- and medium duty vehicles that will phase-in over model years 2027 and 2032 and will revise requirements for the treatment of upstream emissions associated with zero-emission and plug-in hybrid vehicles. Effective June 17.
The other final rule will enact stricter emissions standards for heavy-duty vehicles mostly starting in model year 2032 with some requirements phasing in as early as model year 2027. Effective June 21.
Special Supplemental Nutrition Program for WIC
The Department of Agriculture issued a final rule to align women, infants, and children (WIC) food packages with current Dietary Guidelines for Americans and reflect recommendations from the National Academies of Science, Engineering, and Medicine. The final rule would provide WIC participants with a wider variety of foods that align with current nutritional science and provide more flexibility to WIC state agencies. Effective June 17.
Fluid Mineral Leases and Leasing Process
The Bureau of Land Management (BLM) issued a final rule that will raise royalty rates, rentals, and minimum bids for BLM-issued oil and gas leases as required by the Inflation Reduction Act. Effective June 22.
Outer Continental Shelf Lease and Grant Obligations
The Bureau of Ocean Energy Management issued a final rule that will require greater financial assurances from oil, gas, and sulfur lessees, right-of-use and easement grant holders, and pipeline right-of-way grant holders on the Outer Continental Shelf in the case of default. The final rule does not apply to renewable energy activities. Effective June 24.
Implementation of the Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission issued a final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which requires covered entities to provide reasonable accommodations to a qualified employee or applicant with limitations related to pregnancy, childbirth, or other related medical conditions, unless the accommodation would cause an undue hardship to the business. Effective June 18.
Department of Justice Firearms Regulations
The Department of Justice issued two final rules related to firearms. The first expands the definition of a person "engaged in the business" as a dealer in firearms to include individuals who intend to “predominantly earn a profit” from the sale or provision of firearms. The rule aims to close what is commonly referred to as the “gun show loophole.” The rule will also expand requirements to have a license to deal in firearms. The second implements requirements from the Bipartisan Safer Communities Act including enhanced background checks for firearm purchasers under 21 years old, firearm license requirements, funds state red flag laws, creates new federal offenses for firearms trafficking, and partially closes the “boyfriend loophole.” Both rules are effective May 20.
Nondiscrimination on the Basis of Disability
The Department of Justice issued a final rule to establish requirements for state and local government entities websites and mobile applications offering programs and services to be accessible under the Americans with Disabilities Act. Effective June 24.
Lowering Miners’ Exposure to Crystalline Silica
The Department of Labor issued a final rule to better protect miners against respirable crystalline silica and improve respiratory protection for miners exposed to airborne contaminants. The rule will also require exposure sampling and medical surveillance for metal and nonmetal mines. Effective June 17.
Disability Adjudication Process
The Social Security Administration (SSA) issued a final rule revising the time period considered when determining whether an individual’s past work is relevant for making disability determinations. SSA is reducing the definition of “past relevant work” from 15 years to 5 years, in order to reduce the burden on individuals applying for disability by allowing them to focus on the most current and relevant work. Effective June 8.
Definition of a Public Assistance Household
SSA issued a final rule expanding the definition of a “public assistance household” to include the Supplemental Nutrition Assistance Program (SNAP) as an additional public income-maintenance (PIM) program. As a result, Supplemental Security Income would no longer deem the value of SNAP benefits of ineligible spouses and parents in the same household as income. The rule also revises the definition of a public assistance household from a household in which every member receives a PIM payment, to a household that has a Supplemental Security Income applicant or recipient, and at least one other household member who receives a PIM payment. Effective September 30.
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