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Agency Rulemaking Highlights
Notable ActionsReport to Congress on the Benefits and Costs of Federal Regulations
The Office of Management and Budget published its draft report to Congress on the benefits and costs of federal regulations and Unfunded Mandates Reform Act compliance for fiscal year 2023. The report summarizes agencies’ prospective estimates of anticipated benefits, costs, and transfers from regulatory impact analyses. Comments due December 9.
Dust-Lead Hazard Standards
The Environmental Protection Agency (EPA) issued a final rule, in accordance with a Ninth Circuit Court of Appeals opinion, that lowers the dust-lead hazard standards to any reportable level as analyzed by a laboratory that participates in EPA’s National Lead Laboratory Accreditation Program. The rule also lowers the post-abatement dust-lead clearance levels for floors, window sills, and troughs. Effective January 13, 2025.
Wireless Hearing Aid Compatibility
The Federal Communications Commission issued a final rule that requires 100 percent hearing aid compatibility for all future wireless handset models. The rule also includes a Bluetooth coupling requirement. Effective December 13.
Premerger Reporting and Waiting Periods
The Federal Trade Commission and the Department of Justice Antitrust Division issued a final rule and Statement of Basis and Purpose amending the Premerger Notification Rules that implement the Hart-Scott-Rodino Antitrust Improvement Act. The rule requires parties to the transaction to provide necessary materials so the agencies can efficiently conduct an initial assessment of the transaction and determine whether the agencies must issue a request for additional information. Effective February 10, 2025.
Medicare Updates
The Centers for Medicare and Medicaid Services (CMS) issued two final rules. The first rule provides routine updates to Medicare home health payment rates, payment rates for wound therapy devices, and rates for intravenous immune globulin items, as well as changes to the Home Health Quality Reporting Program requirements. The second rule updates and revises the End-Stage Renal Disease Prospective Payment System for 2025, as well as updating the payment rate for renal dialysis services. Both rules effective January 1, 2025.
Enhancing Surface Cyber Risk Management
The Transportation Security Administration is proposing to impose cyber risk management requirements on certain pipeline and rail owner/operators and a more limited requirement, on certain over-the-road bus owner/operators, to report cybersecurity incidents. The proposed rule would also require the same facilities and systems to have a Physical Security Coordinator and report significant physical security concerns. Comments due February 5, 2025.
Use of Federal Property to Assist the Homeless
The Department of Housing and Urban Development, the General Services Administration, and the Department of Health and Human Services finalized changes to their regulations implementing the Title V program, which makes suitable federal real properties categorized as underutilized, unutilized, excess, or surplus for use to assist the homeless. The final rule incorporates required statutory changes and current practices, updates references and terminology, and revises procedures for more efficient program administration. Effective December 13.
Schedule for Rating Neurological Conditions
The Department of Veterans Affairs (VA) is proposing to amend the portion of the VA Schedule for Rating Disabilities that addresses neurological conditions and convulsive disorders. The proposed changes would update current medical terminology, add medical conditions, refine evaluation criteria, and remove or modify outdated diagnostic codes. Comments due January 13, 2025.
Prohibition of Drone Acquisition
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule amending the Federal Acquisition Regulation to implement a prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by an American Security Drone Act-covered foreign entity. Effective November 12.
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In the News
Governance & Politics
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Financial Markets & Housing
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Energy & Environment
- Trump’s Win Threatens US Clean-Energy Boom, Wall Street Journal
- In New Term, Trump Set to Go After Measures that are Doing the Most to Fight Climate Change, Associated Press
- ‘Fossil Fuels are Still Winning’: Global Emissions Head for a Record, New York Times
- Oil Companies Face a New Fine for Methane. Trump Could Scrap it, Washington Post
- Oil Lobbyists Ask Trump for More Offshore Leases, LNG Approvals, Bloomberg
- Trump Picks Lee Zeldin to Run EPA, Axios
- Despite Biden’s Promise to Protect Old Forests, His Administration Keeps Approving Plans to Cut Them Down, ProPublica
- California Air Regulators Approve Controversial Standards that Could Affect Gas Prices, The Hill
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Transportation & Infrastructure
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