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Agency Rulemaking Highlights
Notable ActionsTrain Crew Size Safety Requirements
The Federal Railroad Administration issued a final rule that would require railroad operations to have a minimum of two crewmembers with some exceptions. The rule would also require that railroads receive special approval for one-person train crew operations and submit annual reports on the safety of one-person train crew operations. Effective June 10.
Upholding Civil Service Protections and Merit System Principles
The Office of Personnel Management issued a final rule to reinforce and clarify civil service protections and merit system principles related to the involuntary movement of federal employees and positions from the competitive service to the excepted service or between excepted service schedules. Effective May 9.
National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide
The Environmental Protection Agency issued a rule that finalizes residual risk and technology review for Commercial Sterilization Facilities to address ethylene oxide emissions. The final rule also clarifies regulatory provisions and removes exemptions related to periods of startup, shutdown, and malfunction, and requires use of continuous emissions monitoring systems for ethylene oxide. Effective April 5.
Medicare Program Updates
The Centers for Medicare & Medicaid Services issued a proposed rule that would update the hospice wage index, payment rates, and aggregate cap amount for FY 2025. The rule would also update the Hospice Quality Reporting Program and considers implementing a separate payment mechanism for high intensity palliative care services. Comments due May 28.
Cybersecurity for Critical Infrastructure and Marine Transportation
The Department of Homeland Security (DHS) issued a proposed rule to implement requirements from the Cyber Incident Reporting for Critical Infrastructure Act of 2022 regarding the statute’s covered cyber incident and ransom payment reporting requirements. Comments due June 3.
The Coast Guard extended the comment period on a proposed rule to update maritime security regulations by establishing minimum cybersecurity requirements for various U.S. vessels and facilities. Comments now due May 22.
Employment Authorization Extension
DHS issued a temporary final rule increasing the automatic extension period from 180 days to up to 540 days for expiring Employment Authorization Documents (EADs) for some renewal applicants from the expiration date on their EADs. Effective from April 8, 2024, through September 20, 2027.
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