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Agency Rulemaking Highlights
Notable ActionsLead and Copper in Drinking Water
The Environmental Protection Agency finalized its revisions to the National Primary Drinking Water Regulation for lead and copper. The rule requires drinking water systems to replace lead and certain galvanized service lines, removes the lead trigger level, reduces the lead action level to 0.010 mg/L, and strengthens tap sampling procedures. The rule also includes revisions on corrosion control treatment, public education and consumer awareness, requirements for small systems, and sampling in schools and child care facilities. Effective December 30.
Identification Card Minimum Standards
The Transportation Security Administration issued a final rule that temporarily waives REAL ID compliance requirements for mobile or digital driver’s licenses or identification cards when full enforcement of REAL ID regulations begin on May 7, 2025. Effective November 25.
Sensitive Data Transactions with Foreign Countries
The Department of Justice is proposing a rule to implement Executive Order 14117, prohibiting transactions with certain countries or persons of concern involving government-related data or bulk U.S. sensitive personal data. Comments due November 29.
Phenethyl Bromide Scheduling
The Drug Enforcement Administration issued an advanced notice of proposed rulemaking to solicit information on the uses of phenethyl bromide—an ingredient used in the illicit manufacture of fentanyl and fentanyl-related substances—to discover the chemical’s uses in legitimate industry prior to proposing to list phenethyl bromide as a list I chemical under the Controlled Substances Act. Comments due November 27.
Contraception Coverage
The Internal Revenue Service (IRS), Employee Benefits Security Administration, and Centers for Medicare & Medicaid Services are proposing to amend the regulations regarding coverage of certain preventive services under the Public Health Service Act. The amendments would apply to coverage of medical management techniques used by non-grandfathered group health plans and health insurance issuers offering non-grandfathered group, coverage of contraceptive items that are preventive services, coverage of certain recommended contraceptive items that are drugs and drug-led combination products, and disclosure of coverage and cost-sharing requirements for over-the-counter contraceptive items. Comments due December 27.
Inflation Reduction Act Credits
IRS issued a proposed rule and a final rule related to tax credits from the Inflation Reduction Act (IRA) of 2022. The proposed rule would issue regulations regarding the energy efficient home improvement credit modified by the IRA. The proposed rule would affect manufacturers of specified property by establishing rules to become qualified manufacturers, as well as eligible taxpayers by defining rules for taxpayers to calculate the credit for placing in service certain home improvement property. Public hearing on January 21, 2025. Written comments due December 24.
IRS issued a final rule regarding the advanced manufacturing production credit established by the IRA to incentivize domestic production of some solar energy components, wind energy components, and qualifying battery components, among other materials. Effective December 27.
Denied Boarding Compensation and Baggage Liability
The Department of Transportation issued a final rule raising the liability limits for denied boarding compensation from $775 to $1,075 for U.S. airlines and from $1,550 to $2,150 for foreign air carriers. The rule also raises the liability limits U.S. carriers may impose for mishandled baggage from $3,800 to $4,700. Effective January 22, 2025.
Small Business Contracting
The Small Business Administration issued a proposed rule that would apply the Rule of Two to multiple-award contracts. Under the Rule of Two, the agency must set aside the award for small businesses when the agency reasonably expects to receive offers from two or more small business contract holders that are competitive in terms of price, quality, and delivery. Comments due December 24.
Railroad Waivers and Safety Proceedings
The Federal Railroad Administration (FRA) issued a proposed rule that would define the terms “in the public interest” and “consistent with railroad safety” in the agency’s procedures for waivers and safety-related proceedings. FRA anticipates that these definitions will clarify the agency’s standard when evaluating petitions for regulatory relief. Comments due December 30.
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In the News
Governance & Politics
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Financial Markets & Housing
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Artificial Intelligence
- White House Orders Pentagon and Intel Agencies to Increase Use of AI, Washington Post
- A Look Inside the Latest White House AI Memo, Federal News Network
- Biden’s AI Plan and Why Central Control Might Not Work, Forbes
- At Least Two Branches of Government are Hell-bent on AI, Federal News Network
- Eyeing ‘AI at Scale,’ Intel Community Aims to Get Data House in Order, Federal News Network
- AI Can Improve How Federal Employees Do Their Jobs, But Training and Resources Need to be a Priority, Government Executive
- Inside the HHS Reorganization to Prioritize AI and Emerging Tech, Government Executive
- DISA Readying to Roll Out AI Concierge Within Agency, Federal News Network
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Transportation & Infrastructure
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