he Trump administration has major deregulatory ambitions. But how much deregulation is actually happening? This tracker helps you monitor a selection of delayed, repealed, and new rules, notable guidance and policy revocations, and important court battles across eight major categories, including environmental, health, labor, and more. For a more thorough explanation of the tracker, including guidance on how to use its interactive features and an explanation of how entries are selected, click here. Sign up
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Name
Category
Agency(s)
Current Status
Last Updated
Waters of the U.S. Rule (WOTUS)
Environmental
EPA, DoD
In Rulemaking
12.02.2019
21.04.2014
29.06.2015
06.02.2018
?
A rule expanding which bodies of water fall under federal jurisdiction, which are protected under the Clean Water Act.
One of the Obama administration's most controversial environmental rules, the "waters of the United States" (WOTUS) rule sought to clarify what "navigable waters" would mean under the Clean Water Act. The term was interpreted to include tributaries and bodies of water adjacent to federal waters, including wetlands, ponds, and lakes, which critics argued was jurisdictional overreach.
Thirteen states sued to block the rule, and a judge in the U.S. District Court for North Dakota issued a preliminary injunction in August 2015, hours before the rule was to take effect. On October 9, 2015, the Sixth Circuit Court of Appeals issued a nationwide stay, which blocked implementation of the rule. On February 22, 2016, a three-judge panel of the Sixth Circuit Court stated that it had jurisdiction to review challenges to the WOTUS rule, citing courts' historically expansive interpretation of section 1369 of the Clean Water Act, which describes the law's judicial review provisions. In response, the National Association of Manufacturers appealed to Supreme Court, arguing that the Sixth Circuit Court lacked jurisdiction.
On January 22, 2018, the Supreme Court issued a unanimous ruling that lawsuits to challenge the WOTUS rule must be filed in federal district courts rather than federal courts of appeals, voiding the Sixth Circuit's claim of jurisdiction, and throwing into doubt the future of its nationwide stay. The choice of which court has jurisdiction is significant because it affects the resources needed to litigate the merits of challenges, sets the statute of limitations for filing lawsuits, and helps determine whether actions can be challenged in subsequent civil or criminal proceedings. Following the Supreme Court's decision, the Army Corps of Engineers and the Environmental Protection Agency issued a final rule on February 6, 2018, extending the applicability date of the WOTUS rule to February 6, 2020.
27.07.2017
–
–
?
Rescission
Rescission of Waters of the U.S. rule.
On February 28, 2017, President Trump issued Executive Order 13778, which directed the EPA and Army Corps of Engineers to "review and potentially revise" the WOTUS rule. The agencies are implementing the executive order in two steps, by first delaying or repealing the WOTUS rule, and second by proposing a new rule. As part of step one, and in response to a January 22, 2018, Supreme Court ruling, the EPA has delayed the applicability date of the WOTUS rule to February 6, 2020. A proposal to formally rescind the WOTUS rule was issued in July 2017.On July 12, 2018, the EPA and Army Corps of Engineers issued a supplemental notice of proposed rulemaking seeking additional comment on the proposal to repeal the WOTUS rule.
12.12.2018
–
–
?
New Rule Proposal
A rule redefining which bodies of water fall under federal jurisdiction, which are protected under the Clean Water Act.
On December 11, 2018, the Environment Protection Agency (EPA) and the Department of Army (army) proposed a rule revising the definition of “waters of the United States” (WOTUS) to clarify federal authority under the Clean Water Act. This action is part of the second step in a two-step process directed by Executive Order 13778, which calls for a substantive reevaluation and revision of the "Waters of the United States" rule. The agencies held several public meetings on then new rule proposal.
The Clean Water Act makes it unlawful to pollute WOTUS without a permit. The proposed rule narrows the definition of WOTUS, reducing the number of federally protected bodies of water. It identifies six categories of water that would be considered WOTUS: traditional navigable waters, tributaries, certain ditches, certain lakes and ponds, impoundments, and adjacent wetlands that physically touch other jurisdictional waters.
Wetlands that are separated from tributaries by land, dikes or other features would not be included in this definition. Ephemeral waters that only flow after rain events would also be excluded from protection. According to a slideshow prepared by EPA and the army and obtained by E&E news under the Freedom of Information Act, this would exclude at least 18 percent of streams and 51 percent of wetlands nationwide from federal protection.
This rule interprets “navigable waters” in a manner largely consistent with Justice Scalia's opinion in Rapanos v. United States (2006), which the Executive Order 13778 had recommended. Scalia argued that "navigable waters" should only include navigable waters "in fact." While some farmers and ranchers advocated for the proposal,environmental groups are expected to sue the EPA over its use of Justice Scalia’s opinion. An EPA fact sheet outlining the new WOTUS definition can be found here. The rule was published in the Federal Register on December 28, 2018. The EPA and Department of the Army announced that there will be public hearings for this rule on February 27 and 28, 2019.
Broadcast License Posting Rule: Elimination
Telecom
FCC
In Effect
12.02.2019
02.07.2018
08.02.2019
08.02.2019
?
A rule eliminating the requirement for broadcasters to post and maintain broadcast licenses and related information in specific locations.
The Federal Communications Commission (FCC) originally adopted broadcast license posting rules in 1930, which require broadcasters to post and maintain licenses and related information in specific locations. These rules were expanded over time to apply to new services that were deployed by broadcasters. These requirements ensure that station authorizations, ownership, and contact information is readily available and easily accessible to the FCC and public. Given that most of the information that is required to be displayed or maintained under there rules is readily accessible online, the FCC proposed to eliminate certain requirements on July 2, claiming that the rules are redundant and obsolete. The rule was finalized and effective on February 8, 2019.
Hog Carcass Cleaning Rule
Agriculture
USDA
In Effect
12.02.2019
16.05.2018
07.02.2019
08.04.2019
?
A rule removing the provision requiring the cleaning of hog carcasses before any incision is made preceding evisceration.
On May 16, 2018, the Food Safety and Inspection Service (FSIS) proposed to repeal a rule requiring the cleaning of hog carcasses before any incision is made preceding evisceration. FSIS states that this provision impedes the adoption of more efficient, effective procedures under other rules that ensure that carcasses are free of contamination; further, it is no longer necessary because other rules require carcass cleaning and maintenance of sanitary conditions. The rule was finalized on February 7, 2019, and is effective April 8, 2019. It is an E.O. 13771 deregulatory action.
VA Claims and Appeals Modernization
Other
VA
In Effect
12.02.2019
10.08.2018
18.01.2019
19.02.2019
?
A rule to modernize and streamline the process of the Board of Veterans' Appeals
In response to the Veteran Appeals Improvement and Modernization Act of 2017, the Department of Veteran Affairs (VA) proposed to amend its claims adjudication, appeals, and Rules of Practice of the Board of Veterans' Appeals regulations. It proposes a differentiated lane framework for appeals for claimants who seek the review of a VA denial (or partial denial) of a claim. It intends to reduce uncertainty and unnecessary regulations, and streamline and modernize the process. Additionally, VA also proposes to revise its regulations with respect to accreditation of attorneys, agents and Veterans Service Organization (VSO) representatives; the standards of conduct for persons practicing before VA; and the rules governing fees for representation. This rule was proposed August 10, 2018. The rule was finalized on January 18, 2019, and the VA announced that the effective date of this new system is February 19, 2019. It is an E.O. 13771 deregulatory action.
Energy conservation standards: definition of general service lamps
Environmental
DoE
In Rulemaking
08.02.2019
17.03.2016
19.01.2017
01.01.2020
?
A rule expanding the number of lightbulbs subject to energy efficiency standards.
The Energy Conservation Program for Consumer Products gives the Department of Energy (DOE) the authority to "develop, revise, and implement minimum energy conservation standards for appliances and equipment," including general service lamps (GSL). On January 19, 2017, the DOE finalized a rule that revised the definition of GSL to include certain light bulbs that were previously considered too specialized so that they would be exempt from the conservation standards. This rule was set to go into effect on January 1, 2020.
07.02.2019
–
–
?
Repeal
Repeal of a rule expanding the number of lightbulbs subject to energy efficiency standards.
On February 7, 2019, the Department of Energy (DOE) proposed to repeal the GSL rules that expanded the number of light bulbs subject to energy efficiency standards. Some have noted that the repeal could cost U.S. consumers in lost energy savings.
SNAP requirements for able-bodied adults without dependents
Agriculture
USDA
In Rulemaking
08.02.2019
01.02.2019
–
–
?
A rule reducing state waivers for the time limits regarding Supplemental Nutrition Assistance Program (SNAP) benefits for able-bodied adults without dependents.
Usually, able-bodied adults without dependents (ABAWD) can only receive SNAP benefits for three months in a 36-month period. However, if a State SNAP agency requests, the Department of Agriculture can waive the time limit in areas where the unemployment rate is over 10 percent, or where there is a lack of sufficient jobs. State agencies also have a limited number of “percentage exemptions” that they can use to extend SNAP eligibility for individual ABAWDs. States can carryover any unused percentage exemptions to future years.
On February 1, 2019, the Food and Nutrition Service (FNS) proposed to amend the standards by which it evaluates State SNAP agency requests, and to end the unlimited carryover of ABAWD percentage exemptions. It is intended to encourage broader application of the ABAWD work requirement.
Train Safety Program
Transportation
DoT
Delayed
07.02.2019
07.09.2012
12.08.2016
04.12.2018
?
A rule requiring railroad companies to develop and implement a system-wide program to improve the safety of their operations.
The train safety program mandates that commuter and intercity passenger railroads develop and implement a system safety program to improve the safety of their operations, and outlines various elements that a railroad's plan is required to contain. The rule was finalized on August 12, 2016, and set to go into effect on October 11, 2016. On February 13, 2017, the Department of Transportation (DoT) issued a stay of certain requirements of the train safety program, delaying their effective date to March 21, 2017. The rule was delayed again on March 21, again on May 22, again on June 7, again on November 30, and again on Deceber 7, delaying the effective date to September 4, 2019.
Religious and Moral Exemptions from Contraceptive Coverage Mandates
Health
IRS, DoL, HHS
In Effect
16.01.2019
13.10.2017
07.11.2018
14.01.2019
?
A rule expanding religious and moral exemptions for insurance coverage of contraceptives.
The Affordable Care Act specifies 10 "essential health benefits" that health insurance plans are required to include, among them, "preventative services." In August 2011, the Department of Health and Human Services (HHS) issued required health plan coverage guidelines for women's preventative services, which mandated the coverage of contraceptive services. However, certain exemptions and accommodations are allowed for religious and moral objectors. Previously, religious exemptions had applied only to churches and similar religious organizations, and the moral exemption was more limited in scope.
On October 13, 2017, HHS introduced two separate interim rules expanding religious exemptions and moral exemptions for certain entities and individuals whose health plans are subject to the contraceptive mandate. The interim rules expanded the religious exemption to many non-governmental employers (including nonprofits, for-profits, and non-governmental institutions of higher education), insurers, and individuals that held a religious objection to the provision of all or a subset of contraceptives, sterilization, and related patient education and counseling. It also expanded the moral exemption to certain non-governmental employers and individuals who object to the contraceptive mandate based on sincerely held moral convictions. These interim rules were effective October 6, 2017. On November 1st, 2017, five states' attorneys general filed a lawsuit seeking injunction, and on November 9th filed a motion for preliminary injunction pending resolution of the November 1st case. Federal District Courts in California and Pennsylvania issued those preliminary injunctions, while Federal court in Massachusetts dismissed the case.
On November 7, 2018, HHS, the Department of Labor, and Treasury released two final rules on religious and moral exemptions that largely maintain the previous interim rules; they were published in the Federal Register on November 15, and are effective January 14, 2019. But on January 13, a day before the exemptions were supposed to take effect, U.S. District Judge Haywood Gilliam in Oakland, California issued a preliminary injunction against the final rules. This blocks the exemptions from taking effect only in the 13 states that sued, plus the District of Columbia. A chance of a nationwide injunction still remains in a separate case by Pennsylvania Attorney General John Shapiro and his New Jersey counterpart Gurbir Grewal.
Mercury and Air Toxic Standards: Cost-Benefit Analysis
Environmental
EPA
In Rulemaking
03.01.2019
27.12.2018
–
–
?
A rule excluding indirect human health and safety benefits from cost-benefit analyses when considering environmental regulations.
Under the 2011 Mercury and Air Toxic Standards (MATS), coal-burning power plants must reduce emissions of mercury and other toxic pollutants such as arsenic. Mercury has been linked to several health problems, including certain neurological disorders, cardiovascular harm, and weakened immune systems. Power plants have already spent billions to comply with the rule.
In the 2015 case Michigan v. EPA, the Supreme Court ruled that the Environmental Protection Agency (EPA) must weigh the costs to industry of an environmental regulation. In response to the case, the EPA proposed on December 27, 2018 to change the way that costs and benefits of human health and safety are calculated for MATS (for now, the EPA is not seeking to rescind MATS). If adopted, “co-benefits”--positive health effects that come from reducing pollutants other than those being targeted--would be excluded from the cost-benefit analysis. For instance, EPA’s 2015 Risk Impact Analysis estimated that reducing mercury emissions, calculated only for children exposed to recreationally caught freshwater fish, would translate to between $4 to $6 million annually in public health benefits. But co-benefits like the reduction in nitrogen oxide that would accompany cuts to mercury pollution would prevent as many as 11,000 annual premature deaths, and save between $37 billion to $90 billion in annual health costs. Including co-benefits would mean that the benefits exceed the $7.4 to $9.6 billion annual cost, but excluding them would mean that the costs of MATS greatly exceed its benefits. The shift could set a precedent for future public health rules and make it much more difficult to justify environmental regulations in many cases.
The EPA will accept public comments for 60 days after it is posted on the Federal Register (FR).
Sage Grouse Protections
Environmental
BLM
In Rulemaking
12.12.2018
06.12.2018
–
–
?
A series of plans reducing protections for the sage grouse in the Northwest and thereby opening land for oil drilling.
In 2010, the U.S. Fish and Wildlife Service determined that the greater sage grouse bird warranted protections under the Endangered Species Act (ESA), but that it would not list the bird at the time because the statuses of other species were more urgent. The announcement raised concerns that the sage grouse would eventually be listed, and that the land restrictions accompanying this move would severely hurt the oil, gas and livestock industries in the Northwest. This spurred various interest groups (including government agencies, energy producers, and environmental groups) to work together and enact a series protections that were less stringent than what they would’ve been under the ESA, but would be effective enough so that the bird would be kept off the endangered species list. The efforts were largely successful: the Department of the Interior announced in 2015 that threats to the bird had been significantly reduced, and that the population had rebounded; the sage grouse would not be put on the endangered species list.
On June 7, 2017, Interior Secretary Ryan Zinke announced review of the sage grouse plans, claiming that it wanted to consider local economic growth and job creation. The announcement was viewed as part of the administration’s "America First" energy plan, which aims to boost oil and gas production on public lands. On December 6, the Bureau of Land Management released a series of state proposals that would reduce the area of the land identified as critical habitat for the sage grouse by about 9 million acres. Further, the proposals would give states more flexibility in determining the type of development activities that would be allowed near the bird’s habitat. This action is largely seen as a move to encourage more oil drilling.
Emission Limits for New Coal Power Plants
Environmental
EPA
In Rulemaking
12.12.2018
02.12.2018
–
–
?
A rule relaxing greenhouse gas emission standards on new coal-fired power plants.
Under the Clean Air Act, the 2015 New Source Performance Standards (NSPS) for coal plants require that new generators emit no more than 1,400 pounds of carbon dioxide per megawatt-hour of generation. These rules set emission limits at a level that would be difficult to reach without carbon capture and storage (CCS) technology.
The NSPS was subsequently challenged in North Dakota v. EPA (2015). A key issue was whether partial CCS is an adequately demonstrated technology for reducing GHG emissions from coal-fired power plants. The Sabin Center’s amicus brief asserted that the technology was indeed adequately demonstrated, so the coal NSPS was lawful. But on March 28, 2017, President Trump issued an executive order instructing Environmental Protection Agency to review the NSPS and to rescind or rewrite the rule as needed. In response, the EPA submitted a request to the D.C. Court of Appeals to put a hold on the case given EPA’s reconsideration of the rule. The request was granted on March 20.
On December 2, 2018, the EPA proposed a rule to increase the NSPS to 1,900 pounds of carbon dioxide per megawatt-hour for larger units, and 2,000 pounds for smaller units.
Affordable Housing Program Amendments
Housing
FHFA
In Effect
07.12.2018
14.03.2018
28.11.2018
28.12.2018
?
Amendments to a rule governing Federal Home Loan Banks.
The Federal Home Loan Bank Act requires each Federal Home Loan Bank to establish an affordable housing program to enable members to provide subsidies for long-term, low- and moderate-income, owner-occupied, and affordable rental housing. This proposed rule invites comment on several amendments to the regulations governing Federal Home Loan Banks, among others, giving Federal Home Loan Banks additional authority to allocate their Affordable Housing Program funds and relaxing or streamlining certain regulatory requirements. The final rule was published on the Federal Register on November 28, 2018, and will be effective December 28.
Title IX Sexual Assault Regulations
Education
DoEd
In Rulemaking
06.12.2018
29.11.2018
–
–
?
A rule establishing sexual assault rules at schools that receive federal funding.
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity that receives federal funding including institutions of higher education and elementary and secondary schools. Upon rescinding two Obama-era Title IX guidelines on September 22, 2017, Education Secretary Betsy Devos had promised that she would introduce new Title IX regulations. On January 25, 2018, three victims' and women's rights groups filed suit against the the Department of Education (DoEd) for withdrawing the Obama-era guidance. Subsequently, on November 16, 2018, DoEd promulgated Title IX regulations, which were then published in the Federal Register for notice and comment on November 29, 2018.
Citing Supreme Court precedent, the new regulations narrow the definition of sexual harassment in light of clarity, defining it as “unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity”. Obama-era guidelines define it as “unwelcome conduct of sexual nature.” The new regulations also narrow the circumstances when schools are obligated to respond to an incident to when the school has “actual knowledge” of sexual harassment. This “actual knowledge” clause requires the accuser to officially report to an individual who has authority to institute corrective measures. Additionally, the incident must have taken place within the school’s ‘own programs or activities’.
The proposed regulations would hold schools responsible under Title IX only when their response to sexual harassment complaints is “clearly unreasonable in light of known circumstances.” Nonetheless, they would be required to investigate and respond meaningfully to every formal complaint and maintain supportive measures for victims regardless of whether a complaint was filed officially or not.
Finally, regarding the investigation of incidents, the regulations lays out certain due process protections. Investigations would be based on a presumption of innocence for the accused, and schools would be allowed to choose the evidentiary standard between a “preponderance of evidence” or “clear and convincing evidence” in holding accused students responsible. Institutions of higher education will be expected to conduct live hearings, and cross-examination would be allowed by advisers and attorneys. ‘Rape shield protections’ would be extended to victims, preventing the examiners from inquiring about the victims’ sexual history. Final determinations would have to be made by third-party individuals not conducting the investigation
The notice and comment period for this rule is open until 28 January, 2019.
Informed Consent Waivers for Minimal Risk Studies
Health
FDA
In Rulemaking
19.11.2018
15.11.2018
–
–
?
A rule allowing minimal risk clinical investigations to bypass or alter certain informed consent requirements.
Initially, clinical trials could only be exempt from obtaining informed consent of its participants in life-threatening situations, or if it met the requirements for emergency research. All other clinical trials had to obtain informed consent from its subjects before participation. However, on December 2016 under Section 3024 of the 21st Century Cures Act, Congress expanded the exemption of obtaining informed consent for trials that 1) pose minimal risk to participants, and 2) include appropriate safeguards protecting the subjects. On July 25, 2017, the Food and Drug Administration (FDA) issued guidance detailing the circumstances in which it could waive or alter informed consent requirements for minimal risk studies. On November 15, 2018, FDA proposed a rule that would implement the statutory changes made in the Cures Act, and outlined more detailed standards for the informed consent waiver. The rule, if finalized, is expected to be an E.O. 13771 deregulatory action.
Asylum Seeker Restrictions
Other
DHS, DoJ
In Effect
19.11.2018
–
09.11.2018
09.11.2018
?
A rule barring asylum eligibility of certain individuals entering the U.S. at the southern border.
On November 9, 2018, the Department of Homeland Security and the Department of Justice issued an interim final rule, and the white house issued a presidential proclamation regarding asylum seekers who enter the U.S. at the southern border. The rule bars asylum eligibility for individuals who do not enter the southern border through an official port of entry. The rule does not apply to individuals who arrive before November 9, 2018.
Several legal experts, including the ACLU, have challenged the legality of the rule. Submission of public comments are open until January 8, 2019, after which the Secretary of State, Attorney General, and Secretary of Homeland Security will submit a recommendation on whether this rule should be extended or renewed.
Letting Youth Work with Patient Lifts
Labor
DoL
In Rulemaking
15.11.2018
27.09.2018
–
–
?
A rule enabling 16 and 17 year olds to work in occupations that use patient lifts.
The youth provisions of the Fair Labor Standards Act ensure that when youth work, the work is safe and does not jeopardize their health, well-being, or education. To achieve this goal, 16 and 17 year-olds generally cannot work in nonagricultural occupations governed by any of the Department of Labor's (DoL) Hazardous Occupation Orders (HO). HO7 prohibits youth from working in occupations that involve the operation of "power-driven hoisting apparatuses," including a power-driven patient lift--a device that assists patients receiving health care to be transferred between resting places. The DoL claims that patient lifts differ substantially from other equipment that HO7 governs (e.g. forklifts, cranes), and that patient lifts are actually safer than lifting patients manually. In response to bipartisan requests from Congress, the DoL proposed on September 27, 2018 to remove the operation of power-driven patient lifts from the list of activities that HO7 prohibits. The rule is expected to be an E.O. 13771 deregulatory action. On November 15, the DoL extended the comment period for this rule to December 11, 2018.
Joint-Employer Standards
Labor
NLRB
In Rulemaking
08.11.2018
14.09.2018
–
–
?
A rule defining joint-employer standards applicable to employers.
Joint-employer standards determine whether two employers are joint employers of a group of employees under the National Labor Relations Act (NLRA). This influences the responsibility and liability that these joint-employers hold towards the employees under labor practices and worker protection laws. Examples of cases where these standards hold relevance are staffing agencies and subcontractors that contract workers to other firms and franchisor-franchisee relationships. These standards have significant consequences for businesses, unions and employees.
The National Labor Relations Board (NLRB) has determined the standards applicable for a joint-employer status through various decisions passed over time. Due to decisions taken in 1984, the joint-employer status definition was narrowed, such that indirect control was typically insufficient to determine that one company was the joint employer of another business’ workers. This definition was overturned with NLRB’s Browning-Ferris Industries (BFI) decision in August 2015, which expanded the joint-employer status to also include those employers that exercised indirect control over an employee’s terms of employment to be considered as ‘joint-employers’. The BFI decision was then overruled by NLRB’s Hy-Brand decision in December 2017, which returned to the pre-BFI narrow joint-employer standards. This Hy-Brand decision was then vacated in February 2018, reinstating the BFI standard.
On September 14, 2018, NLRB promulgated a notice of proposed rulemaking establishing the joint-employer standards. This rule narrows the standards, returning them back to pre-BFI standards. Under this proposal, an employer must “possess and actually exercise direct and immediate control over the terms and conditions of employment” to be considered a ‘joint-employer’. This will make it easier for companies to evade the joint-employer status. The comment period, originally open for 60 days, was extended by a month until December 13, 2018 in a rule published on November 5, 2018.
Risk-Based Capital Rule
Financial
NCUA
Delayed
06.11.2018
27.02.2014
29.10.2015
01.01.2020
?
A rule that regulates risk-based capital.
On October 29, 2015, the National Credit Union Administration (NCUA) finalized a rule regarding its Prompt Corrective Action (PCA) regulations, which require credit unions taking certain risks to hold capital commensurate with that risk. It applied to federally-insured, natural persons credit unions with assets over $100 million. This rule was intended to reduce the risk of a relatively small number of high-risk credit unions exhausting their assets and imposing a burden on other credit unions. It was supposed to go into effect on January 1, 2019, which would have coincided with the Federal Deposit Insurance Corporation's (FDIC) phase-in of risk-based capital measures.
On August 8, 2018, the NCUA Board proposed a rule to delay the effective date by a year to January 1, 2020, and increase the threshold for targeted credit unions to $500 million. This threshold increase would exempt an additional 20% of credit unions from the regulations, bringing the overall exempted credit unions up to 90%.This delay, along with the increase in the threshold, was finalized on November 6, 2018.
Definition of Short-Term Limited-Duration Insurance
Health
IRS, DoL, HHS
In Effect
01.11.2018
21.02.2018
03.08.2018
02.10.2018
?
A rule lengthening the maximum duration of "short-term limited-duration insurance" from 3 months to 12 months, which is exempt from many requirements of the Affordable Care Act.
On October 12, 2017, President Trump issued Executive Order 13813, which directed relevant federal agencies to review certain Affordable Care Act (ACA) regulations in an effort "to provide meaningful choice and competition between insurers," including review of short-term, limited-duration insurance (STLDI). STLDI is a type of health insurance coverage that is designed to fill temporary gaps in coverage when an individual is transitioning from one plan to another. Due to concerns that STLDI, which is exempt from certain ACA requirements, was being sold as a type of primary coverage, the Obama administration promulgated regulations in October 2016 stipulating that STLDI coverage must be less than three months in duration (previously, STLDI coverage could last up to one year).
On February 21, 2018, the Department of Health and Human Services (HHS) proposed to re-lengthen the maximum coverage period for STLDI to one year. The rule was finalized August 3, 2018 and was effective on October 2, 2018. This is a deregulatory action under E.O. 13771. On October 9, 2018, Senate Democrats filed a discharge petition to begin the process of forcing a vote on a resolution that would overturn the rule. On October 10, the effort to overturn the rule failed in a 50-50 vote.
Experimental Light Sport Aircraft for Flight Training
Transportation
FAA, DoT
In Rulemaking
31.10.2018
24.10.2018
–
–
?
A rule allowing Experimental Light Sport Aircraft for flight training for compensation or hire.
An Experimental Light Sport Aircraft (ELSA) is a simple, small, lightweight, and low-performance aircraft that is assembled by a kit. Starting January 31, 2010, ELSAs could not be used for flight training leading to employment. On October 24, 2018, the Federal Aviation Administration (FAA) published a notice of proposed rulemaking in the Federal Register that would permit the use of ELSAs for training. The comment period closes November 23.
Small Business HUBZone Program
Financial
SBA
In Rulemaking
31.10.2018
31.10.2018
–
–
?
A rule reducing burdens imposed on small businesses in Historically Underutilized Business Zones.
Historically Underutilized Business Zones (HUBZones) are economically distressed communities where the government seeks to encourage business and promote growth. HUBZone small businesses are those that have a principal place of business located in a HUBZone and 35 percent of their employees residing in one or more HUBZones. The HUBZone program, which was established in 1997, provides contracting assistance to small businesses located in HUBZones.
On October 31, 2018, US Small Business Administration (SBA) proposed amendments to HUBZone program regulations to reduce regulatory burdens for HUBZone small businesses. The proposal allows employees to be treated as HUBZone residents even if they move to non-HUBZone areas after the certification of the firm. The proposal also eliminates the burden for a HUBZone business to continually demonstrate that they meet all eligibility requirements at the time of each offer and award for any HUBZone contract opportunity. Additionally, the rule implements statutory provisions and eliminates ambiguities in the regulations. These amendments are intended to make the program requirements easier to understand and to make it a more attractive avenue for procuring agencies
“Employer” definition for retirement multiple employer plans
Labor
DoL
In Rulemaking
31.10.2018
23.10.2018
–
–
?
A rule loosening the requirements for multiple employers to share a retirement plan.
A multiple employer plan (MEP) is a single defined contribution retirement plan that can be shared by a group of employers. Currently, only ‘closed MEPs’ are allowed, such that participating employers need to share common organizational relationships. On October 23, 2018, the Department of Labor (DoL) proposed a rule to loosen these requirements under the Employer Retirement Income Security Act (ERISA), such that employers in the same trade or line of business can join an MEP. This rule will remain in comment period until December 24, 2018, and is expected to be an E.O. 13771 deregulatory action.
This rule is intended to broaden retirement plan coverage, especially among small employers, and is line with president Trump’s executive order published on August 31, 2018, directing agencies to strengthen retirement security. While this rule loosens the definition of MEPs, some believe that this proposal falls short by failing to create “open MEPs”, which allows multiple employers to join plains without sharing any nexus.
State "Empowerment Waivers" for the Affordable Care Act
Health
HHS, Treasury
In Effect
24.10.2018
New guidance from the CMS Administrator, Secretary of HHS, and Assistant Secretary for Tax Policy of the Treasury.
Guidance giving states more flexibility to change how ACA subsidies are distributed and the types of plans that are sold.
"Section 1332 waivers” allow states to modify how they implement key elements of the Affordable Care Act (ACA), as long as the state’s alternative plan provided coverage that was at least as comprehensive and affordable, covered at least as many people, and did not increase the federal deficit. On October 24, the Department of Health and Human Services and the Treasury ("the Departments") issued guidance that modifies the criteria the agencies use to evaluate section 1332 waivers, most importantly by reinterpreting these statutory "guardrails."
Under the new guidance, the Departments indicate that they will evaluate compliance with the comprehensiveness and affordability guardrails based on what types of plans consumers have access to under the waiver, whereas the Obama Administration interpreted these requirements as applying to the coverage consumers actually obtained under the waiver. The Departments also say that waivers will meet these two guardrails as long as the number of people for whom coverage becomes more affordable or comprehensive exceeds the number for whom coverage becomes less affordable or comprehensive, whereas the Obama Administration required that waivers not adversely affect certain specified groups, including low-income people and people with greater health care needs.
The new guidance also broadens the definition of insurance coverage used in evaluating the coverage guardrail to encompass short-term health plans (see Reg Tracker entry “Definition of Short-Term Limited-Duration Insurance”) and association health plans, which are not subject to the same requirements as ACA-compliant individual market plans. Short-term health plans may refuse to cover people with pre-existing conditions and charge them higher premiums and are not required to cover the ACA's list of "essential" benefits, ranging from hospital care and prescription drugs to mental health and substance abuse services, nor cap enrollee's annual out-of-pocket costs.
The ultimate consequences of the new guidance will depend on the proposals states submit. However, the new guidance will permit approval of waivers that could not have been approved under prior guidance. This likely includes waivers that would shift subsidies to higher-income enrollees and away from lower-income enrollees, as well as waivers that would increase costs for sicker people while reduce them for a larger number of healthier people. This also includes waivers that would redirect subsidy dollars to short-term health plans. Expanding subsidies in this way would benefit people in short-term plans, but would generally reduce subsidies and increase premiums for the sicker population that purchase coverage in the ACA-compliant market. There is concern that some such waivers could threaten the continued existence of the ACA-compliant market.
Borrower Defense Rule
Education
DoEd
In Effect
18.10.2018
06.06.2016
01.11.2016
16.10.2018
?
A rule expanding the rights of defrauded students seeking federal student loan debt relief.
On November 1, 2016, the Department of Education (DoEd) published its final Borrower Defense Rule. The DoEd undertook "borrower defense" rulemaking following a series of high-profile closures of several for-profit college groups, notably Corinthian Colleges, which had left the DoEd in charge of thousands of borrower defense claims. The DoEd cited this backlog in a June 2015 press release announcing it would develop new regulations to facilitate borrower defense claims processing. The DoEd's final rule streamlined the claims process, and greatly expanded the rights of students seeking debt relief under claims of fraud.
On May 24, 2017, just over one month before the Borrower Defense Rule was set to come into effect, a California-based trade association representing mostly for-profit schools filed suit alleging the new rules unfairly expanded borrower defense rights, and the Trump administration responded by delaying the rules pending resolution of the litigation. Eighteen state attorneys general have filed a suit challenging the delay. On October 24, 2017, the DoEd proposed to extend the effective date until July 1, 2019, while it works on a new version of the rule. The delay was finalized on February 14, 2018. On December 14, 2017, two additional lawsuits were filed by four state attorneys general, and a class action lawsuit was filed on December 20, challenging the delay. On September 12, U.S. District Judge Randolph Moss ruled in favor of the state attorneys generals, writing in an opinion that the delays were “arbitrary and capricious” and “procedurally invalid.” On October 16, 2018, the rule finally went into effect, as Judge Moss ruled for its immediate implementation. However, the legal fights regarding this rule are likely to continue. In his ruling, Judge Moss wrote that his decision “is not the first (and presumable not the last) chapter”.
20.12.2017
–
25.05.2018
?
Average Earnings Rule
A notice changing the discharge process for defrauded students.
The Borrower Defense Rule has been delayed since May 2017, and several lawsuits have been filed challenging the delay. On December 8, 2017, the DoEd's Inspector General reported that the DoEd under President Trump had received 25,991 claims for loan discharges, of which 2 had been denied and 0 had been approved. On December 20, 2017, it was revealed that the DoEd had approved 12,900 claims and denied 8,600 for former students of Corinthian Colleges, while about 37,000 claims remain unresolved.
On December 20, 2017, Secretary of Education Betsy DeVos announced a new proposed Borrower Defense Rule, also known as the Average Earnings Rule. The new proposed rule provides debt relief based on income, with those earning less than 50 percent of their peers receiving full loan forgiveness. On March 17, 2018, four students defrauded by Corinthian Colleges amended their class action lawsuit, and filed a motion for preliminary injunction against Secretary DeVos, claiming that the Average Earnings Rule violated the Privacy Act by collecting income data from the Social Security Administration without authorization. On May 25, 2018, Magistrate Judge Sallie Kim partially granted the motion for preliminary injunction, barring the DoEd from using the Average Earnings Rule, and ordering the DoEd to cease all debt collection efforts against the plaintiffs. On June 19, 2018, Judge Kim issued an amended order, clarifying that the May 25 ruling applied to all defrauded Corinthian students, not just to the four plaintiffs who had filed the lawsuit, as the DoEd had originally interpreted the order.
31.07.2018
–
–
?
Recission and Alteration (of Borrower Defense Rule)
Another rule making it more difficult for defrauded sudents to seek federal student loan debt relief.
On July 31, 2018, Secretary of Education Betsy DeVos proposed to rescind and alter certain portions of the Borrower Defense Rule. Specifically, the newly proposed Borrower Defense Rule would require borrowers alleging they were defrauded or misled to demonstrate that their institution knowingly made false statements about program outcomes. It would also eliminate group discharge, requiring all claims to be addressed individually.
For-Profit Eligibility in the Child and Adult Care Food Program
Agriculture
USDA
In Rulemaking
15.10.2018
04.10.2018
–
–
?
A rule reducing the reporting frequency for for-profit centers in the Child and Adult Care Food Program that consistently serve a high percentage of low-income individuals.
The Child and Adult Care Food Program (CACFP) provides a monthly financial subsidy to child and adult care institutions and group daycare homes for nutritious meals and snacks to infants, children, and adults. This program is maintained by the US Department of Agriculture (USDA). To be eligible for reimbursement of the meals and snacks served in CACFP, for-profit centers must document that least 25 percent of children or adult participants in their care were from low-income households on a monthly basis. On October 4, 2018, the Food and Nutrition Service proposed a rule to simplify the reporting process for centers and sponsoring organizations that demonstrate that at least 50% of their participants are from low-income households. Those centers would only have to submit this report annually. The rule is expected to be an E.O. 13771 deregulatory action.
Corporate Average Fuel Economy (CAFE) Standards for Model Year 2022-2025 Passenger Vehicles
Environmental
EPA, DoT
Repealed
11.10.2018
01.12.2011
15.10.2012
13.04.2018
?
A rule setting corporate average fuel economy standards for passenger vehicles for model years 2022 through 2025.
The Energy Independence and Security Act of 2007 requires the Department of Transportation (DoT) to set corporate average fuel economy (CAFE) standards at a "maximum feasible level" for new cars and trucks. Finalized in October 2012, the new CAFE standards steadily increased the average fuel efficiency requirements for new passenger vehicles to 54.5 miles per gallon by 2025. Due to statutory requirements, the CAFE program was split into two phases: Phase 1 included final standards for model years 2017-2021, and Phase 2 set "augural" standards for model years 2022-2025. The agencies, along with the California Air Resources Board (CARB), which under a Clean Air Act waiver may promulgate stricter regulations for California, agreed to conduct a midterm review by 2018 to assess whether the requirements for 2022-2025 needed to be adjusted.
In July 2016, the EPA, DoT, and CARB released their draft technical assessment report, which examined a wide range of technical issues relevant to greenhouse gas emissions and the augural CAFE standards for 2022-2025. On January 13, 2017, just one week before President Trump's inauguration, the EPA, DoT, and CARB issued their final determination, which concluded that automakers were capable of meeting the augural standards for 2022-2025. However, no document was issued in the Federal Register, and de novo rulemaking to set legally binding standards did not commence.
On February 21, 2017, the Auto Alliance sent a letter to EPA Administrator Scott Pruitt urging him to withdraw the final determination and to resume the midterm evaluation. A notice of intent to withdraw the final determination was published March 22, a request for comment was issued August 21, and a public hearing was held September 6. On April 13, 2018, the EPA withdrew the Obama administration's final determination and issued a notice to resume the midterm evaluation. On May 1, 2018, a coalition of 18 state attorneys general led by California sued the EPA, claiming the proposal was a violation of the Clean Air Act.
24.08.2018
–
–
?
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Vehicles
A new rule setting corporate average fuel economy standards for passenger vehicles for model years 2021 through 2026.
Military Licensing and State Commercial Driver's License Reciprocity
Transportation
DoT
In Effect
11.10.2018
12.06.2017
28.09.2018
27.11.2018
?
A rule waiving the knowledge test requirement for certain military personnel applying for commercial driver’s licenses.
Those applying for a Commercial Driver's License are required to pass a general knowledge test, and then a general skills test. On June 12, 2017, the Federal Motor Carrier Safety Administration (FMCSA) proposed a rule that would allow (but not require) State Driver Licensing Agencies (SDLA) to waive requirements for the knowledge test for certain individuals serving in the military. Those who were regularly employed within the last year in a military position that required the operation of a commercial motor vehicle would qualify. The rule was finalized September 28, 2018, and will be effective November 27. The final version of the rule includes options for SDLAs to extend test waivers for passenger carrier, tank vehicle, and hazardous material endorsements with proof of experience. The rule is an E.O. 13771 deregulatory action.
Transporting Bows and Crossbows Across National Park System Units
Other
DoI
In Effect
10.10.2018
02.03.2018
18.09.2018
18.10.2018
?
A rule allowing individuals traversing National Park Service areas on foot or on horseback to carry or possess unloaded bows and crossbows without a permit.
Prior to this rule, individuals traversing National Park Service (NPS) areas were allowed to possess bows and crossbows that were "not ready for immediate use" without a permit only if they were using a mechanical mode of transport. Some roads maintained by NPS bisect private property, and are sometimes untraversable with mechanical vehicles. These lands were thus inaccessible for hunters and sportsmen transporting bows and crossbows via mechanical vehicles. On March 2, 2018, NPS proposed a rule that would change this: it would allow individuals traveling on foot and horseback to carry unloaded bows and crossbows without a permit. The rule was finalized and published in the Federal Register on September 18, 2018, and will go into effect on October 18, 2018. This rule is considered an E.O. 13771 deregulatory action.
Methane and Waste Prevention Rule
Environmental
DoI
In Effect
09.10.2018
08.02.2016
18.11.2016
17.01.2019
?
A rule regulating waste of natural gas from venting, flaring, and leaks during oil and natural gas production.
The Obama Interior Department rule, often referred to simply as "the Methane Rule," regulated the gas released into the atmosphere during oil and natural gas production through venting (the controlled release of gases into the atmosphere), flaring (the controlled burning of natural gas), and equipment leaks. Shortly after the rule was issued, industry groups and several states sought a preliminary injunction in a U.S. District Court in Wyoming, but were denied on January 16, 2017, and the rule went into effect the following day. The House of Representatives passed a Congressional Review Act resolution to nullify the rule, but it was narrowly defeated in the Senate, 49-51.
On March 28, 2017, President Trump issued Executive Order 13783, which directed the interior secretary to review the rule; the DoI review found that "many provisions of the rule would add regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation." On June 15, 2017, the DoI issued a notice postponing the January 2018 compliance dates, pending judicial review. On October 4, 2017, a U.S. District Court in California issued a ruling vacating the DoI's notice of indefinite suspension, stating that it was in violation of the Administrative Procedure Act. On October 5, 2017, the DoI proposed a delay and suspension of certain requirements of the rule until January 17, 2019. On December 8, 2017, DoI published a final rule enacting this delay. States and environmental groups quickly filed lawsuits, setting the stage for another round of litigation. On February 22, 2018, the Trump Interior Department proposed to repeal most of the requirements of the Obama-era Methane Rule.
22.02.2018
28.09.2018
27.11.2018
?
Recission or Revision of Requirements
Recissions and revisions of certain Methane and Waste Prevention rule requirements.
On February 22, 2018, the DoI proposed a new Methane Rule, which would repeal or revise most parts of the Obama-era Methane Rule. It rescinds various requirements regarding waste-minimization plans, gas-capture percentages, well drilling, and other areas, and reinstates some pre-2016 regulations that were first developed in the 1970s. This rule change will likely delay the detection and repair of natural gas leaks, and increase methane emissions. The DoI finalized the rule on September 28, 2018, and it will be effective November 27.
Marketing Irradiated OTC Drugs: Requirement Repeal
Health
FDA
In Rulemaking
09.10.2018
09.09.2018
–
–
?
Repealing the requirement for irradiated drugs to obtain an FDA-approved NDA or ANDA for marketing.
Drug sponsors must apply to the Food and Drug Administration (FDA) to market new drugs that are sterilized by irradiation. These drugs are marketed as New Drug Applications(NDAs) or Abbreviated New Drug Applications (ANDAs). On September 9, 2018, the FDA proposed to repeal this rule, which would mean that certain over-the-counter (OTC) drugs could be legally marketed without an NDA or ANDA, even if they are sterilized by irradiation. The repeal would apply to OTCs that are generally recognized as safe and effective, that are not misbranded, and that comply with other regulatory requirements. FDA justifies this repeal by stating that the irradiation rule is out-of-date and unnecessary, and that the technology for controlled nuclear radiation for sterilizing drugs is now well understood. This action is part of FDA's implementation of E.O.s 13771 and 13777.
Methane Rule (Emissions)
Environmental
EPA
Partially Effective
12.09.2018
18.08.2015
03.06.2016
31.07.2017
?
A rule regulating methane emissions from new oil and gas wells.
On August 18, 2015, the Environmental Protection Agency (EPA) proposed new source performance standards (NSPS) for methane and volatile organic compounds to include several emission sources not covered by the current NSPS. These included fracking wells, which were required to use a process called "green completion" to recover natural gas during flowback. Oil and gas industry firms petitioned EPA to reconsider the rule, and the agency announced it would do so in parts in April 2017.
On June 5, 2017, EPA announced a 90-day stay which it later proposed to extend to two years. Several environmental groups immediately sued to challenge the stay, and on July 3, 2017 the D.C. Circuit Court of Appeals ruled that EPA lacked authority to halt implementation of the regulations, which the court upheld en banc on July 31.
On November 8, 2017, the EPA proposed to stay certain requirements of the Methane Emissions Rule, and subsequently solicited comment and information on several implementation challenges raised by stakeholders. In particular, the EPA broadly solicited comments on issued associated with "delayed repair," the requirement that repair or replacement of a leaking fugitive emissions component be completed during the next scheduled shutdown if at the time of damage it was infeasible or unsafe to repair. But seemingly contradictory language in the final rule regarding unscheduled and emergency events caused confusion: the rule's text stated that the only unscheduled and emergency events subject to the delayed repair requirement were those related to "vent blowdown," while the preamble of the rule seemed to imply that other unscheduled or emergency events would also trigger the delayed repair requirement.
On March 12, 2018, the EPA amended the final rule by removing the terms "unplanned" and "emergency" from the list of events that would require completion of delayed repairs. Around the same time, on March 9, 2018, the EPA proposed to withdraw the October 2016 Control Technique Guidelines (CTG) for the oil and natural gas industry, noting that the "recommendations made in the CTG are fundamentally linked to the conclusions in the 2016 NSPS," which the EPA is currently reconsidering.
11.09.2018
–
–
?
Testing and Repairing Leaks: Revisions
A rule weakening requirements for testing and repairing oil and gas leaks in drilling operations.
On September 11, 2018, the EPA proposed revisions to its NSPS provisions regarding testing and repairing methane leaks for drilling operations. Among other revisions, it would give drillers a year to do leak inspections instead of 6 months, and 60 days to make repairs instead of 30. The proposal is expected to increase gas losses and methane emissions.
Clean Power Plan
Environmental
EPA
In Rulemaking
10.09.2018
18.06.2014
23.10.2015
09.02.2016
?
A rule requiring coal-burning power plants to reduce carbon emissions.
The highly controversial Clean Power Plan (CPP) was finalized on October 23, 2015. The goal of the CPP was to reduce greenhouse gas emissions from the electricity sector, which is responsible for approximately 30 percent of America's overall greenhouse gas emissions. In January 2016, the D.C. Circuit Court of Appeals denied a motion for stay of the CPP that was brought by a coalition of states and power industry representatives. On February 9, 2016 (less than a week before the death of Justice Antonin Scalia), the Supreme Court ruled 5-4 to take the unprecedented step of staying the rule, pending the exhaustion of the full appeals process for either side (in other words, until the Supreme Court signed off on the rule's permissibility). On September 27, 2016, the D.C. Circuit Court of Appeals held an en banc hearing of the case. The court's decision was expected in 2017, but on March 28, 2017, President Trump issued an executive order directing the Environmental Protection Agency (EPA) to review the CPP. The Trump administration subsequently requested that the court postpone consideration on the CPP pending the administration's internal review. On October 16, 2017, the EPA proposed to rescind the CPP.
16.10.2017
–
–
?
Rescission
Rescission of the Clean Power Plan
In an October 9, 2017, speech to coal miners in Kentucky, EPA administrator Scott Pruitt declared "the war against coal over," announcing that the EPA would soon begin the process of repealing the Clean Power Plan (CPP). A formal proposed rule was published in the Federal Register on October 16, 2017. On November 8, 2017, the EPA extended the public comment period of the proposal to rescind until January 16, 2018. On December 28, 2017, the EPA published an advanced notice of proposed rulemaking seeking public comments on replacements. On February 1, 2018, the EPA announced that it would be holding three new public hearings on its proposal to repeal the CPP, and extended the public comment period to April 26, 2018.
21.08.2018
–
–
?
Affordable Clean Energy (ACE) Rule
A rule that would replace the Clean Power Plan to address greenhouse gas emissions from coal-burning power plants
While President Trump's EPA works to repeal the Clean Power Plan (CPP), it has been considering possible replacements, which they must eventually promulgate in light of the endangerment finding. On December 28, 2017, the EPA published an advanced notice of proposed rulemaking, seeking public comment on some open-ended questions regarding eventual replacement plans. On August 21, 2018, the EPA proposed the Affordable Clean Energy (ACE) rule to replace the CPP. The ACE rule would establish emission guidelines to address greenhouse gas (GHG) emissions from existing coal-fired power plants. Rather than setting targets for states as CPP did, ACE allows states to determine how to regulate emissions based on ACE guidelines. It defines the "best system of emission reduction" (BSER) for existing power plants as on-site, heat-rate efficiency improvements (HRI). CPP, on the other hand, represented BSERs through carbon dioxide emission performance rates. ACE would use these BSERs to provide states with a list of "candidate technologies" that can be used to establish standards of performance by the states. The EPA's Regulatory Impact Analysis predicts that ACE would increase carbon dioxide emissions by over 60 million short tons by 2030 in the minimum case scenario, relative to CPP predictions. On August 31, a formal proposed rule regarding emission guidelines and implementation included ACE in one of its provisions. The rule is undergoing a comment period scheduled to end October 30.
Hours of Service for Commercial Motor Vehicles
Transportation
DoT
In Rulemaking
10.09.2018
21.08.2018
–
–
?
A rule that would relax work hour limits on commercial motor vehicle drivers.
Hours of Service (HOS) regulations limit the working hours of drivers operating a commercial motor vehicle (CMV), which includes large trucks, commercial and city buses, and school buses. Some HOS rules in brief: following 10 or more consecutive hours off-duty, drivers are limited to 11 hours of driving within a 14-hour window. Drivers who use "sleeper berths"--a seat that can be reclined to form a bed--may divide the minimum 10 hours of off-duty into two periods: they must take at least 8 consecutive hours of the minimum 10-hour off-duty period in the sleeper berth. The rules also prohibit driving if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period that lasted at least 30 minutes. The main purpose of these rules is to prevent accidents caused by driver fatigue.
The Federal Motor Carrier Safety Administration (FMCSA) states that the introduction of electronic logging devices and their ability to accurately record compliance has prompted numerous requests for FMCSA to consider revising certain HOS provisions. For instance, the Owner-Operator Independent Drivers Association and TruckerNation.org petitioned to amend HOS rules on February 13, 2018 and May 10, 2018, respectively. On May 17, 2018, 30 senators signed a letter addressed to FMCSA administrator Raymond Martinez, expressing their support for greater flexibility of HOS regulations to "provide for a commonsense framework for drivers, rather than a one-size-fits-all model."
On August 21, 2018 FMCSA released an advanced notice of proposed rulemaking, which was published in the Federal Register on August 23, 2018. FMCSA is considering changes to the 30-minute rest break provision, and its sleeper berth rule. It is also seeking public comment on the two petitions. This rule is expected to be an E.O. 13771 deregulatory action. On September 6, DOT announced that it would hold a public listening session on September 14.
Community Reinvestment Act Reform
Financial
OCC
In Rulemaking
10.09.2018
28.08.2018
–
–
?
A rule updating lending rules to low and moderate income communities.
The Community Reinvestment Act (CRA) of 1977 was intended to address redlining and to encourage banks to meet the credit needs of the communities in which they operate, including low- and moderate- income neighborhoods. CRA requires that a Federal financial supervisory agency--the Federal Reserve (Fed), the Federal Deposit Insurance Corporation (FDIC), or the Office of the Comptroller of the Currency (OCC)-- periodically evaluate each bank’s records in helping meet these credit needs. The performance evaluation is considered when a bank applies for new branches, mergers, or acquisitions.
The CRA has not been changed significantly since 1990, leading many to say that the rules have become outdated, especially with the rise of online banking. On August 28, 2018, the OCC published an advance notice of proposed rulemaking without the involvement of the Fed and FDIC. The OCC seeks public input on how to revise CRA regulations to encourage more local and nationwide community and economic development. Included are questions about changing the current approach to performance evaluations, updating how communities are defined, expanding the range of qualifying activities eligible for CRA consideration, and more. A formal ANPR was published in the Federal Register on September 5, 2018, and comments will be accepted until November 19, 2018.
Natural Resource Damages for Hazardous Substances
Environmental
ORDA
In Rulemaking
01.09.2018
27.08.2018
–
–
?
Revisions to regulations conducting natural resource damage assessments and restoration for hazardous substances.
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authorizes the Federal government, States and federally recognized Indian tribes to act as “trustees” for injury to natural resources injured or destroyed by hazardous substance releases. The Department of Interior (DOI) develops regulations for conducting natural resource damage assessments and restoration (NRDAR) for hazardous substance releases, which are used by the “trustees” to evaluate the action for natural resource damages. The NRDAR regulations were last revised in 2008 and include two types of regulations: Type A Rule regulating standard procedures for simplified assessments and Type B Rule regulating site-specific procedures for detailed assessments in individual cases. On August 27, 2018, the Office of Restoration and Damage Assessment (ORDA) published an advance notice of proposed rulemaking requesting comments for revisions to these NRDAR regulations over a 60 day period through October 26, 2018.
Adoption and Foster Care Analysis and Reporting System
Other
HHS
Delayed
24.08.2018
07.04.2016
14.12.2016
21.08.2018
?
An Obama-era rule regulating the Adoption and Foster Care Analysis and Reporting System.
On 14 December 2016, the Administration for Children and Families (ACF) finalized a rule requiring title IV-E agencies to collect and report data to ACF on certain children (children in out-of-home care, and who exit out-of-home care to adoption or legal guardianship, children in out-of-home care who are covered by the Indian Child Welfare Act, and children who are covered by title IV-E adoption or guardianship assistance agreement) within the Adoption and Foster Care Analysis and Reporting System (AFCARS). This rule was scheduled to take effect on October 1, 2019. On 15 March 2018, the Children's Bureau issued a notice of proposed rulemaking to delay the effective date of the 2016 AFCARS rule to October 1, 2021. On 21 August 2018, ACF finalized a rule delaying the effective date of the AFCARS 2016 rule to October 1, 2020.
Affirmatively Furthering Fair Housing Rule
Housing
HUD
Delayed
19.08.2018
19.07.2013
16.07.2015
23.05.2018
?
A rule requiring communities to analyze racial residential segregation and submit plans to reverse it as a condition of receiving federal housing aid.
The Fair Housing Act of 1968 calls on federal agencies with activities related to housing and urban development to administer their programs "in a manner affirmatively to further the purposes of" the Fair Housing Act. The Obama administration's Department of Housing and Urban Development (HUD) issued the Affirmatively Furthering Fair Housing (AFFH) Rule in July 2015, fulfilling the unmet mandate of the Fair Housing Act. The rule requires any community receiving block-grant funding from HUD to complete a comprehensive Assessment of Fair Housing (AFH) to analyze its housing stock and come up with a plan for addressing patterns of segregation and discrimination.
On January 5, 2018, HUD Secretary Ben Carson issued a notice stating that HUD would immediately stop reviewing plans that had been submitted but not yet accepted, and that participating jurisdictions now had until October 31, 2020 to submit their assessments. (Previously, municipalities were implementing the rule in a rolling fashion, largely based on where they were in their local planning cycles.) On May 8, 2018, the National Fair Housing Alliance sued HUD for illegally suspending the AFFH Rule, which New York State joined on May 14, 2018.
On May 23, 2018, HUD issued a series of three Federal Register notices. First, HUD announced it would be withdrawing the Local Government Assessment Tool, which was designed to help local governments to complete their AFHs. Second, HUD reminded local governments of their obligations to conduct "analyses of impediments" to fair housing choice, which were required before the AFFH Rule went into effect, but which were generally not submitted or reviewed by HUD. Third, HUD withdrew the January 5, 2018 notice. Taken together, these notices effectively nullify the AFFH Rule: With no assessment tool, there can be no AFH, and by extension the rule cannot be implemented. On June 5, 2018, several states and cities filed an amicus brief opposing HUD's decision to withdraw the assessment tool, and New York State moved to intervene in support of the National Fair Housing Alliance's lawsuit.
16.08.2018
–
–
?
Streamlining and Enhancements
A proposal to streamline the Affirmatively Furthering Fair Housing rule.
On August 16, 2018, HUD proposed a new rule to "streamline and enhance" the AFFH rule. The proposal calls for comments on changes to minimize the regulatory burden, advance local control over the process, and to "encourage actions that increase housing choice, including through greater housing supply."
Loans and Lines of Credit to Members
Financial
NCUA
In Rulemaking
17.08.2018
10.08.2018
–
–
?
A rule to make NCUA regulations of loans and lines of credit to members more user friendly
This rule seeks to amend existing regulations regarding loans and lines of credit to members of the National Credit Union Administration (NCUA) to make it more user friendly and reduce the regulatory burden on credit unions. It does so by 1) identifying the various maturity limits applicable to Federal Credit Union loans, 2) clarifying that the maturity date for a "new loan" under generally accepted accounting principles is calculated from the new date of origination, 3) seeking comment on whether NCUA should provide for more flexible limits on certain loans, and 4) more clearly expressing the limits on loans to a single borrower or a group of associated borrowers. This rule is largely clarifying and technical in nature, and is a part of the Trump administration's regulatory reform agenda.
Gainful Employment Regulations
Education
DoEd
Delayed
15.08.2018
25.03.2014
31.10.2014
01.07.2019
?
A rule establishing minimum standards for student loan repayment and requiring disclosure of gainful employment statistics for colleges.
The Gainful Employment Regulations, finalized in October 2014, established an accountability and transparency framework for assessing program performance at institutions receiving Title IV funds. To receive federal funding, the regulations required institutions to prepare students for "gainful employment in a recognized occupation" and established minimum standards for programs' typical student debt-to-earnings ratios and default rates. The rules were intended to increase the economic returns on federal aid program investments, and protect students from amassing student loans that they could not repay. The final regulations stated that the DoEd would develop a disclosure template for institutions to disclose relevant information and data about gainful employment.
The disclosure template was released on January 19, 2017, one day before President Trump's inauguration. The press release stated that institutions had until April 3, 2017, to update their gainful employment disclosures using the new template. But on March 6, 2017, the DoEd delayed the compliance date to July 1, 2017, and on June 16, 2017, announced its intent to undergo negotiated rulemaking on new regulations. On July 5, 2017, the compliance dates were extended again, to July 1, 2018, and on June 18, 2018, they were extended again, to July 2019. In August 2017, Brookings scholars urged the Trump administration not to change the Gainful Employment Regulations.
14.08.2018
–
–
?
Rescission
Rescission of Gainful Employment rule.
Critics of the Gainful Employment rules argue that it disproportionately punishes for-profit colleges. On August 10, 2018, The DoEd announced that it proposed to rescind the Gainful Employment regulations in order to provide "useful, transparent higher education data to students and treat all institutions of higher education fairly." In justifying its decision, the DoEd argued that existing research undermines the validity of the metrics used for Gainful Employment standards, and that disclosure requirements were overly burdensome. The DoEd did state that it will offer more specific program-level outcomes data through the College Scorecard--a goal of Obama officials who launched the consumer information tool. A formal proposed rule was published in the Federal Register on August 14, 2018. The public will be able to submit comments on the proposed rescission by September 13, 2018.
Facilitating Drawback Claims
Financial
DHS, Treasury
In Rulemaking
10.08.2018
02.08.2018
–
–
?
A rule that establishes a process to make it easier for importers to file drawback claims.
Drawback is the (partial or whole) refund or remission of duties, taxes, and fees on imported merchandise that is then exported or destroyed. The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) made changes to refund law to make it easier for importers to file claims, and U.S. Customs and Border Protection (Customs) was supposed to issue regulations implementing these changes by February 24, 2018. However, it failed to do so.
In response, a group of importers and customs brokers challenged Customs for not fulfilling its duty to provide regulations (Tabacos de Wilson, Inc. v. United States). On June 29, 2018, The Court of International Trade issued an opinion that the failure to meet the deadline violates the law, and that if the agencies are unable to issue regulations by July 5, 2018, then they should consider issuing those portions that satisfy the requirements of TFTEA in advance of any other portions that remain unresolved. On July 19, 2018, House Ways and Means Chairman Kevin Brady (R-TX) and Subcommittee Chairman Dave Reichert (R-WA) wrote a letter to the administration calling the delay "unacceptable", and insisted that the regulations be finalized and published on the Federal Register "without further delay".
On August 2, 2018, Customs and the Department of the Treasury proposed a rule to establish a new process for drawback regulations. The proposed rule would liberalize the merchandise substitution standard, simplify recordkeeping requirements, extend and standardize timelines for filing drawback claims, and require electronic filing of drawback claims. Members of the public will be able to submit comments on the proposed regulations through September 16.
Nuclear Safety Management
Environmental
DoE
In Rulemaking
10.08.2018
08.08.2018
–
–
?
A rule amending Nuclear Safety Management regulations.
The Atomic Energy Act of 1954 gives the Department of Energy (DoE) the authority to manage nuclear and non-nuclear facilities across the US; they are operated by DoE personnel and contractors. The regulations governing safety management have been in effect since January 10, 2001. On August 8, 2018, the DoE proposed a rule to amend regulations concerning nuclear safety management. It would make key changes that would remove requirements that are considered duplicative or not effective. The proposed rule is expected to improve the efficiency of the regulatory framework of nuclear safety management, and is a deregulatory action under E.O 13771. The rule's comment period ends on October 9, 2018.
Uninspected Inedible Meat Products
Agriculture
USDA
In Rulemaking
10.08.2018
31.07.2018
–
–
?
A rule eliminating prescriptive requirements governing the manufacture of uninspected meat products.
The manufacture of pet food and other uninspected, inedible products at official meat and poultry establishments are subject to the Food Safety and Inspection Service (FSIS) regulations under 9 CFR 318.12 and 381.152. These regulations set forth prescriptive requirements intending to prevent the creation of insanitary conditions, the commingling of inedible and edible meat and poultry products, and the movement of inedible meat and poultry products into commerce as human food. They also require that pet food and other inedible products be manufactured in official establishments only when a FSIS inspector is on premises. On July 31, 2018, The Food Safety and Inspection Service (FSIS) proposed to eliminate the prescriptive requirements and to allow official establishments to manufacture such products outside the hours of inspection. This proposed rule, if finalized as proposed, is expected to be a deregulatory action under E.O. 13771. Members of the public will be able to submit comments on the proposed regulations until August 30.
Disclosure Exemptions to Certain Nonprofits
Financial
IRS
In Effect
06.08.2018
–
16.07.2018
31.12.2018
?
A rule that exempts certain nonprofits from disclosing donor data in their tax filings.
Certain tax-exempt organizations--those described in section 501(c), excluding those described in 501(c)(3) and section 527 organizations--will no longer be required to file personally identifiable details of their contributors in their annual tax returns. Previously, they were required to provide the names and addresses of their donors on the Schedule B form , the “Schedule of Contributors”. However, these organizations must continue to retain this information in their records and make it available upon request, if required.
This rule does not change the annual returns information that is available to the public, since private taxpayer information has historically not been disclosed to the public. Nor does the rule change anything in respect to the reporting of contribution information or the administration of the tax code. The rule is expected to reduce the compliance costs concerned with reporting, on both private and government ends, and reduce the risks associated with sensitive donor information. However, while it may protect free speech and privacy, it also runs the risk of fostering political activity in the non-profit space.
A bill to eliminate Schedule B requirements was passed by the U.S. House of Representatives in 2016; however, it never made it through the Senate Finance Committee. This rule will take effect after December 31, 2018, and will apply to returns due on or after May 15, 2019.
Greenhouse Gas Emissions for Truck Glider Kits
Environmental
EPA, DoT
Unchanged
06.08.2018
13.07.2015
25.10.2016
27.12.2016
?
A rule regulating greenhouse gas emissions from trucks using glider kits.
A "glider kit" is a new truck without an engine or transmission. Glider kits are generally purchased and retrofitted with old engines and transmissions, offering a low-cost alternative to purchasing a new truck. Glider kits are most often used by independent truck drivers or small businesses. In an October 2016 rule setting emissions and fuel efficiency standards for trucks engines, the Obama administration included regulatory provisions for glider kits, including an annual cap of 300 glider kits for manufacturers.
16.11.2017
–
–
?
Rescission
Repeal of rule regulating glider kits.
In an October 2016 rule setting emissions and fuel efficiency standards for trucks engines, the Obama administration included regulatory provisions for glider kits. Since glider kits by definition do not have engines, the relevant regulatory standards specified permissible levels of aerodynamic efficiency. The Trump administration has proposed to rescind that portion of the 2016 rule, claiming that the previous administration overstepped its legal authority.
01.07.2018
26.07.2018
–
?
No Enforcement
No enforcement of an annual cap on glider kit manufacture.
On his final day in office, EPA Administrator Scott Pruitt announced that the annual cap of 300 gliders per manufacturer would not be enforced, through the end of 2019. On July 26, 2018, Andrew Wheeler, who is EPA’s acting administrator, withdrew this No Action Assurance issued by Scott Pruitt. Wheeler concluded that this enforcement by Pruitt did not represent "the kind of extremely unusual circumstances that support the EPA's exercise of enforcement discretion." Environmental groups had petitioned for a stay on Pruitt's No Action Assurance, which the Court of Appeals for the Fourth Circuit granted on July 18, 2018. It is still unclear whether the Obama-era rule will be repealed forever, which is still being reviewed.
Coal Ash Rule: Amendment 1
Environmental
EPA
In Rulemaking
03.08.2018
15.03.2018
30.07.2018
29.08.2018
?
Amendments to a rule regulating coal ash disposal sites.
Coal ash is a toxic substance that remains when coal is burned in power plants. It contains contaminants like mercury, cadmium and arsenic. In response to a major coal ash spill at the Tennessee Valley Authority’s Kingston Fossil Plant in December 2008, the EPA began crafting the Coal Ash Rule to require stricter requirements on coal ash disposal. The final rule, published on April 17, 2015, authorized the EPA to regulate coal ash as a "non-hazardous solid waste" under Subtitle D of the Resource Conservation and Recovery Act (RCRA), as opposed to the more highly regulated "hazardous waste" under Subtitle C.
In response to several petitions filed by both industry and environmental groups, the EPA said it would revise several portions of the Coal Ash Rule, and the D.C. Circuit Court of Appeals issued a partial vacatur on June 14, 2016. On December 16, 2016, President Obama signed the Water Infrastructure for Improvements to the Nation (WIIN) Act, which authorized state and federal agencies to directly regulate coal ash disposal sites, as opposed to relying on citizen suits.
In response, two industry trade groups filed petitions in the D.C. Circuit Court for the EPA to reconsider the Coal Ash Rule, citing the WIIN Act as one of the primary reasons to reconsider. On September 13, 2017, EPA administrator Scott Pruitt sent a letter to the two industry groups, noting his intention for the EPA to reconsider the Coal Ash Rule. On March 1, 2018, Administrator Pruitt announced plans to amend the Coal Ash Rule, by allowing states to "incorporate flexibilities into their coal ash permit programs."The first of two expected proposed rules was published in the Federal Register on March 15, 2018. On July 30, 2018, EPA finalized three main revisions to that 2015 rule : 1) Adopting alternative performance standards for certain states 2) Revising groundwater protection standards for four constituents that do not have an established drinking water standard, and 3) Extending the deadline for facilities which are triggered into closure by the regulations. This rule will be effective from August 29, 2018.
Endangered Species Act: Compensatory Mitigation Policy
Environmental
DOI
Repealed
03.08.2018
Guidance rescinded by secretary of the interior
Withdrawal of a comprehensive program that required developers to compensate for the impacts of their activities on public lands.
Compensatory mitigation is when developers must offset the unavoidable impacts of their activities on public lands, after all appropriate and practical measures are taken, by replacing or providing substitute resources or environments through restoration, establishment, enhancement, or preservation. Previously,interagency policies had established compensatory mitigation policies. For example, both the 1995 interagency policy on the establishment and operation of wetland mitigation banks (60 FR 58605, November 28, 1995) and the 2000 interagency policy on the use of in-lieu fee arrangements (65 FR 66914, November 7, 2000), establish compensatory mitigation policies, but are specific to wetland mitigation.
The Endangered Species Act Compensatory Mitigation Policy (CMP) was the first comprehensive treatment of compensatory mitigation to be issued by the Fish and Wildlife Service (Service). The primary intent of the policy was to provide Service personnel with direction and guidance in planning and implementing compensatory mitigation. It primarily did this through encouraging strategic planning at the landscape level and setting standards that mitigation programs must meet to achieve conservation that is effective and sustainable. The rule was finalized and effective on December 27, 2016.
On November 6, 2017, the Service issued a request for comment for both this rule and for its Mitigation Policy, intending to solicit input regarding the removal of net conservation gain as a mitigation planning goal in its mitigation policies. On July 30, 2018, the Fish and Wildlife Service withdrew the Compensatory Mitigation Policy.
Endangered Species Act: Mitigation Policy
Environmental
DOI
Repealed
03.08.2018
Guidance rescinded by secretary of the interior
Withdrawal of guidance on how the service recommends mitigating adverse impacts of developer actions on species and habitats.
Existing guidelines established in 1981 (46 FR 7644-7663) outlined how the Fish and Wildlife Service (Service) recommends mitigating the adverse impacts of land and water developments on species and habitats. On November 6, 2017, the Service issued a request for comment for both this rule and for its Compensatory Mitigation Policy (see entry for Endangered Species Act: Compensatory Mitigation Policy), intending to solicit input regarding the removal of net conservation gain as a planning goal in its mitigation policies.On November 21, 2016, the Fish and Wildlife Service (Service) finalized a rule that amended existing guidelines.The revised policy provided a framework for achieving a net gain in conservation outcomes, or at minimum, no net loss of resources and their values, services, and functions.On July 30, 2018, the Service withdrew the Mitigation Policy amendments; all policies superseded by the 2016 amendments were reinstated.
Endangered Species Interagency Cooperation
Environmental
DOI
In Rulemaking
03.08.2018
25.07.2018
–
–
?
A rule that streamlines and clarifies interagency consultation process.
Section 7 of the Endangered Species Act requires federal agencies to consult with the Fish and Wildlife Services and National Marine Fisheries Service (collectively referred to as "Services") before taking any discretionary action that could jeopardize the existence of a listed species, or could destroy or adversely modify designated critical habitat. The proposed rule would exclude discretionary actions that wouldn't result in appreciable impact on listed species or critical habitat, or where the anticipated impact is small or inevitable. Further, the proposal would eliminate specific examples of when consultation is required, and the Services would only consider alterations impacting critical habitat "as a whole." The rule also eliminates references to "indirect effects" and effects of "interrelated and interdependent" actions of discretionary actions. It would also "avoid inclusion of activities whose occurrences would be considered speculative."
These changes would result in fewer activities triggering Section 7 consultation. In instances when consultation is triggered, the rule makes the following notable changes: 1) clarifies what submissions are necessary to initiate consultation, 2) creates an "expedited consultation" process that would be available for proposed actions that, based on the Services' experience with other similar activities, would have minor or predictable effects, and 3) clarifies that the Services may only block activities using Section 7's jeopardy standard if those activities themselves would appreciably harm listed species.
Listing Endangered Species and Designating Critical Habitat
Environmental
DOI
In Rulemaking
03.08.2018
25.07.2018
–
–
?
A rule that revises procedures and criteria used for listing or removing species from the List of Endangered and Threatened Wildlife and Plants, and designating critical habitats.
The Endangered Species Act (ESA) requires the Fish and Wildlife Service and the National Marine Fisheries Service (collectively referred to as the "Services") to determine whether a species qualifies to go on the Lists of Endangered and Threatened Wildlife and Plants and designate critical habitat. The ESA defines a threatened species as one that is "likely to become endangered within the foreseeable future throughout all or significant part of its range.
"The proposed rule makes four major changes. First, the proposal would remove the prohibition on the Services describing economic factors when listing, delisting, or reclassifying species as threatened or endangered. Second, the new rule defines "foreseeable future" as "only so far into the future as the Services can reasonably determine that the conditions potentially posing a danger of extinction in the foreseeable future are probable," and would apply on a species-by-species basis. Third, the proposal would incorporate measures for ensuring that evaluations of potential species delistings under the ESA receive similar time and attention as evaluations of potential species listings. Finally, the rule proposes to return to pre-Obama era standards for designating critical habitats. Designation of critical habitat should be limited to the areas occupied by the species at the time of listing, with unoccupied areas considered for designation as critical habitat "only upon a determination that such areas are essential for the conservation of the species." Unoccupied areas will be considered only if an area limited to the occupied area "would be inadequate” or “less efficient."
Prohibitions to Threatened Wildlife and Plants: Reduce Scope
Environmental
DOI
In Rulemaking
03.08.2018
25.07.2018
–
–
?
A rule that limits prohibited activities involving threatened and endangered species to only endangered species.
Section 9 of the Endangered Species Act (ESA) extends most of the statute's protections, including the prohibition on unauthorized take, only to endangered species. However in practice, U.S. Fish and Wildlife Service (FWS) has automatically extended those protections to all species listed as threatened through a broad regulation known as the “blanket 4(d) rule.”
FWS now proposes to rescind this rule for all species that will be listed as "threatened." FWS would extend the ESA's prohibition on unauthorized take to threatened species on a case-by-case basis. The proposed rescission of the blanket 4(d) rule would not apply to species previously listed as "threatened"--for these species, FWS would be required to enact a species-specific rule to remove heightened protections for those threatened species.
Public Transportation Safety Certification
Transportation
DoT
In Effect
03.08.2018
03.12.2015
19.07.2018
20.08.2018
?
A rule that establishes minimum training requirements for federal and state transit oversight personnel and contractors responsible for safety examinations and of public transportation systems.
The Public Transportation Safety Certification Training Program (PTSCTP) is a uniform safety training curriculum that was promulgated on February 27, 2015 to improve the safety of public transportation. It applies to 1) Federal and State Safety Oversight Agency personnel and contractors who conduct safety audits and examinations of transit systems, and 2) transit agency employees responsible for safety oversight of public transit systems.The interim provisions that were promulgated in February took effect on May 28, 2015.
On December 3, 2015, FTA proposed to adopt those interim provisions as final requirements for PTSCTP. But the final rule published July 19 2018 eliminates two minimum requirements in the training curriculum: a 36-hour Transit System Security (TSS) Course, and a 2-hour Safety Management System (SMS) course. Hence, it reduces the number of training hours, which is expected to produce a net cost benefit for the agencies. This new rule will replaced the previous provisions and became effective on August 20, 2018.
Railroad Noise Emission Badge Requirement Removal
Transportation
DoT
In Rulemaking
16.07.2018
17.07.2018
–
–
?
A rule removing the requirement that certain railroad locomotives and associated equipment display a badge communicating information about their noise control certification test.
Railroad locomotives, cars, and associated equipment built after December 31, 1979, are required to comply with certain noise standards determined by the Federal Railroad Administration (FRA). In addition to complying with standards, FRA requires railroads to "attach a permanent badge or tag in the cab of the locotmotive displaying the results of the cerification test (including the method, date and location of the test, and the sound level reading obtained during the test)." On July 16, 2018, FRA proposed removing this requirement, stating that the badge is not essential to their enforcement of noise standard compliance. FRA designed this rule as a 13771 deregulatory action.
Calorie Labeling Rule
Health
FDA
In Rulemaking
12.07.2018
12.07.2018
–
–
?
A rule revising the type size labeling requirements for front of package calorie declarations for packaged food sold from glass front vending machines.
The Calorie Labeling Rule for vending machines, issued in December 2014, requires that the type size of the calorie declaration for articles of food sold from certain vending machines be at least 50 percent of the size of the largest printed matter on the label. After the rule was issued, the vending and packaged food industries complained that the rule was overly burdensome. On July 12, 2018, the Food and Drug Administration proposed instead to require that the type size of the calorie declaration on the front of the package be at least 150 percent the size of the net weight declaration on the package. This rule is expected to be an E.O. 13771 deregulatory action.
Encouraging Affirmative Action
Education
DoJ, DoEd
Repealed
12.07.2018
Guidance rescinded by the attorney general and secretary of education
Withdrawal of guidance encouraging affirmative action.
On July 3, 2018, the Department of Justice (DoJ) and the Department of Education (DoEd) jointly announced that they would be rescinding 24 guidance documents that were determined to be "unnecessary or improper rulemaking," in accordance with a November 2017 memo declaring the DoJ's end to the practice of "regulation by guidance." Notably, the DoJ and DoEd rescinded several guidance documents issued by the Obama administration encouraging the use of race-based admissions in colleges, including the following: two December 2011 guidance documents, a September 2013 letter and Q&A document issued after the Supreme Court ruled in Fisher v. UT Austin I, a May 2014 letter issued after the Supreme Court ruled in Schuette v. Coalition to Defend Affirmative Action, and a September 2016 Q&A document issued after the Supreme Court ruled in Fisher v. UT Austin II.
Lowering Renewable Fuel Standards for 2018
Environmental
EPA
In Effect
11.07.2018
21.07.2017
12.12.2017
12.02.2018
?
A rule lowering the renewable fuel standard for gasoline and diesel for 2018.
The Renewable Fuel Standard requires that gasoline and diesel sold in the United States contain minimum amounts of renewable fuels, such as corn ethanol and biodiesel. On July 21, 2017 the Environmental Protection Agency (EPA) proposed to lower the total fuel volume targets. Total renewable fuel volume requirements for 2017 amounted to 25.871 billion gallons, compared to 25.818 billion gallons in the 2018 proposal, 53 million gallons below the 2017 volume requirements. This was the first time the EPA has proposed to lower total fuel volume requirements from the previous year.
Shortly after the new volume requirements were proposed, on July 28, 2017, the D.C. Circuit Court of Appeals ruled in a case originally brought against the Obama administration that the EPA fundamentally misinterpreted its authority to waive biofuel requirements under the "inadequate domestic supply" waiver provision. The court ruled that the EPA could only consider supply-side factors affecting the volume of renewable fuel, not demand-side factors. As a result of the ruling, the EPA was required to revise its renewable fuel volume requirements. The new requirements, finalized on December 12, 2017, revised total renewable fuel requirements for 2018 to 25.968 billion gallons, 97 million gallons higher than the 2017 volume requirements (though still below the statutory volume requirements).
11.07.2018
–
–
?
Lowering Renewable Fuel Standards for 2019
A rule lowering the renewable fuel standard for gasoline and diesel for 2019.
Refinery Sector Rule: Amendments
Environmental
EPA
In Rulemaking
11.07.2018
10.04.2018
–
–
?
Amendments to a rule regulating petroleum refineries.
The Petroleum Refinery Rule, finalized December 1, 2015, established new source performance standards (NSPS) for petroleum refineries. The rule requires continuous monitoring for benzene and calls for a comprehensive program of pollution prevention targeted at reductions in visible flare emissions and releases by pressure release devices. The rule is based on a risk and technology review of two refinery emissions standards, known as refinery MACT 1 and refinery MACT 2.
This proposed rule amends the Refinery Sector Rule by making several technical corrections to refinery MACT 1 and refinery MACT 2. This rule is expected to be an E.O. 13771 deregulatory action. An additional amendment to extend the compliance dates for maintenance vents was proposed on July 10, 2018, but is expected to have "an insignificant effect on emissions reductions and no effect on costs."
Occupational Exposure to Beryllium Rule
Labor
DoL
In Rulemaking
03.07.2018
07.08.2015
09.01.2017
20.05.2017
?
A rule tightening the standards for occupational exposure to beryllium.
Beryllium is a lightweight metal that can induce adverse health effects if workers breathe in its dust, mist, or fumes, or if a worker's skin comes into contact with beryllium particulate, fumes, or solutions. The Occupational Safety and Health Administration (OSHA) determined that employees exposed to beryllium at the previous permissible exposure limits faced a significant risk of material impairment to their health, and thus the occupational exposure to beryllium rule established new permissible exposure limits for beryllium in the workplace.
27.06.2017
–
–
?
New Rule Proposal
A rule loosening the standards for occupational exposure to beryllium in the shipyard and construction sectors.
On June 27, 2017, the DoL proposed a new rule to revoke the ancillary provisions of the rule for the construction and the shipyard sectors, while retaining the new exposure limits for other sectors. The proposed rule noted that the occupational exposure to beryllium rule would not be enforced for the shipyard and construction sectors while the new rulemaking was underway. Compliance dates were set for March 12, 2018, but on March 2, 2018, OSHA issued a memo stating that no provisions of the standard would be enforced until May 11, 2018. Then, on May 9, 2018, OSHA issued an enforcement memo, stating that the ancillary requirements affected by the new rule proposal would not be enforced until June 25, 2018. On June 1, 2018, OSHA proposed to extend the compliance date to December 12, 2018.
–
07.05.2018
06.07.2018
?
Amendments
A rule clarifying the standards for occupational exposure to beryllium for general industry.
On May 7, 2018, OSHA issued a direct final rule clarifying application of the new standards to materials containing trace amounts of beryllium. According to OSHA, the original intent of the rule was to protect employees working with trace beryllium only when it caused airborne exposures of concern. But industry stakeholders said that an unintended consequence of the rule is that provisions intended to protect workers from skin contact with beryllium could be read to apply to materials with only trace levels of beryllium. This direct final rule clarifies that the rule does not apply to areas containing less than 0.1 percent beryllium by weight. This direct final rule is expected to be an E.O. 13771 deregulatory action.
Program Integrity and Improvement / State Authorization of Distance Education Rule
Education
DoEd
Delayed
03.07.2018
25.07.2016
19.12.2016
01.07.2020
?
A rule allowing the Department of Education to deny federal student aid to online universities operating in states in which they are not authorized.
The Higher Education Act of 1965 requires institutions to be authorized in the state in which they are located as a condition for eligibility to receive Title IV federal student aid. While all higher education institutions must have state authorization in the states in which they are physically located, there were no federal regulations for providers of "distance education" (that is, online education) in states where the institutions are not located. The Program Integrity and Improvement Rule, also known as the State Authorization of Distance Education Rule, closed this loophole by allowing the Department of Education (DoEd) to refuse federal student aid funds to online distance education providers who operated in states in which they were not authorized. The rule, finalized in December 2016, was set to go into effect in July 2018. But on July 3, 2018, the DoEd delayed the effective date to July 2020 to allow for reconsideration of the rule.
Expanding Eligibility for Association Health Plans
Health
DoL
In Effect
28.06.2018
05.01.2018
21.06.2018
20.08.2018
?
A rule expanding the scope of groups applicable for health insurance coverage through association health plans.
On October 12, 2017, President Trump issued Executive Order 13813, which directed relevant federal agencies to review certain Affordable Care Act (ACA) regulations in an effort "to provide meaningful choice and competition between insurers," including review of association health plans (AHPs). AHPs are arrangements whereby individuals or employers can band together for coverage, across state lines. Importantly, AHPs allow groups to purchase coverage that can escape more stringent ACA regulations, including the essential health benefits.
On January 2018, the Department of Labor (DoL) proposed expanding the scope of groups and individuals eligible for banding together as associations, and receiving coverage through AHPs. The rule was finalized on June 21, 2018. Some critics have noted AHPs' relatively bleak track record thus far.
Penalties for Drug Company Overcharging
Health
HHS
Delayed
08.06.2018
17.06.2015
05.01.2017
01.07.2019
?
A rule setting maximum drug prices and penalties for entities in the 340B drug pricing program.
Section 340B of the Public Health Services Act allows certain covered entities to purchase pharmaceutical drugs at discounted prices to reach certain eligible patients. When a drug manufacturer enters a 340B pricing agreement with HHS, it agrees to keep the price of drugs below certain ceiling prices, or else pay a penalty. This rule establishes the 340B ceiling prices and the penalties drug manufacturers would pay for exceeding them.
Accidental Chemical Release Prevention Rule
Environmental
EPA
Delayed
04.06.2018
14.03.2016
13.01.2017
19.02.2019
?
A rule to improve safety at facilities that use and distribute hazardous chemicals.
In response to an April 17, 2013 explosion at the West Fertilizer facility in West, Texas, President Obama on August 1, 2013 issued an executive order regarding safety and security risks associated with the storage of hazardous chemicals. In response, on January 13, 2017, the Environmental Protection Agency (EPA) made several changes to the accident prevention program requirements, including an additional analysis of safer technology and alternatives.
On February 28, 2017, a group known as the RMP Coalition submitted a petition requesting a stay pending reconsideration and judicial review. On March 13, 2017, EPA administrator Scott Pruitt announced he would convene a proceeding for reconsideration of the rule, and on March 16, the EPA announced a 90-day delay of the effective date, to June 19, 2017. On April 3, 2017, the effective date was delayed again, until February 19, 2019. On July 24, 2017, eleven states sued the EPA for delaying the rule.
30.05.2018
–
–
?
Rescission
Rescission of the Accidental Chemical Release Prevention Rule.
On January 13, 2017, the Environmental Protection Agency (EPA) made several changes to the accident prevention program requirements, including an additional analysis of safer technology and alternatives. On March 16, 2017, the EPA issued a 90-day delay of the rule, and issued a second, longer delay on April 3, 2018. These delays were accompanied by legal challenges from regulated industry, including RMP coalition. On May 30, 2018, the EPA proposed several repealing amendments to the delayed 2017 final rule.
National Ambient Air Quality Standards for Ozone
Environmental
EPA
Unchanged
04.06.2018
17.12.2014
26.10.2015
01.10.2017
?
When the Environmental Protection Agecy (EPA) establishes or revises national ambient air quality standards (NAAQS), the Clean Air Act directs the EPA and the states to take steps to ensure that those NAAQS are met. The first step, known as initial area designation, is to identify areas of the country that do not meet the new or revised NAAQS. The deadline for the EPA to identify these areas in 2017 was October 1.
On June 28, 2017, the EPA published a notice to extend the deadline by one year, to October 1, 2018. On August 1, 2017, sixteen state attorneys general filed suit contesting the delay. In response, the EPA withdrew the extension.
But the EPA missed its deadline and released a partial list of counties that were in compliance with the 2015 rule on November 16, 2017; designations for about 420 counties remained outstanding, and the EPA did not release an official timeline for completing them. As a result of missing the October 2017 deadline, environmental groups and 15 state attorneys general filed lawsuits on December 4 and 5, 2017. On March 12, 2018, a California district court ruled that the EPA must publish the NAAQS compliance list by April 30, 2018. The EPA released the full list of initial area designations on June 4, 2018.
Greenhouse Gas Emissions Measure
Environmental
DoT
Repealed
01.06.2018
22.04.2016
18.01.2017
02.07.2018
?
A rule requiring state departments of transportation to track and reduce carbon dioxide emissions on the national highway system.
The Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America's Surface Transportation (FAST) Act establish a set of performance measures for state departments of transportation (DoTs) to use in assessing the performance of interstate highways in regard to, among other things, environmental sustainability. The greenhouse gas emissions measure requires state DoTs to track the amount of carbon dioxide emitted by vehicles traveling on the national highway system, and to establish targets and report on progress in reducing carbon dioxide emissions using this measure.
05.10.2017
31.05.2018
02.07.2018
?
Repeal
Repeal of Greenhouse Gas Emissions measure.
State Funding for Abortion Providers
Health
HHS
Repealed
01.06.2018
Nullified by Congressional Review Act
Nullification of a rule preventing states from blocking funding for family planning clinics that also provide abortions.
Title X of the Public Health Services Act provides federal funding for family planning clinics to provide services for low-income patients. The act specifies that Title X funds may not be used for the performance of abortions, but places no restrictions on the ability of clinics that receive Title X funds to provide abortion counseling and referrals or to perform abortions using non-Title X funds. The Obama administration issued a rule that prevented states from blocking Title X funding for family planning clinics that provide abortions, notably Planned Parenthood. The rule was set to go into effect on January 18, 2017. On January 30, 2017, Rep. Diane Black (R-TN) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 16, 2017. On March 30, 2017, the vice president was called upon to break a 50-50 tie in the Senate, voting in favor of the resolution. On April 13, 2017, the resolution was signed by President Trump and became law, nullifying the rule. On June 1, 2018, the Department of Health and Human Services (HHS) proposed a rule that would prohibit any family planning clinic that provides abortions from receiving Title X funds.
Licensing Procedures for Small Satellites
Telecom
FCC
In Rulemaking
30.05.2018
24.05.2018
–
–
?
A rule streamlining licensing procedures for small satellites.
Small satellites, also known as “SmallSats,” are spacecraft with a mass generally less than 180 kilograms and up to about the size of a large kitchen fridge. All satellites need radio spectrum, which is regulated by the Federal Communications Commission (FCC). The FCC allocates hundreds of megahertz of prime spectrum for satellites, and requires all satellites to obtain a license. While it is relatively easy to license small satellites for experimental or amateur-radio use, all commercial satellites are subject to the same licensing regime, regardless of size. This rule proposes to create a separate, streamlined licensing scheme for small satellites.
Dealer Markups Guidance
Financial
CFPB
Repealed
22.05.2018
Guidance nullified by the Congressional Review Act
Nullification of guidance prohibiting car dealers from charging higher interest rates based on race.
In March 2013, the Consumer Financial Protection Bureau (CFPB) issued guidance for compliance with the Equal Credit Opportunity Act, which prohibits car dealers from discriminating against lenders on the basis of race. The guidance targeted "dealer markups," whereby car dealers charge additional interest on top of what third-party lenders charge, which research has shown disproportionately affects people of color. In late 2017, Senator Pat Toomey (R-PA) asked the Government Accountability Office (GAO) whether this guidance qualified as a "rule" for the purposes of the Congressional Review Act (CRA), which gives Congress the power to nullify agency rules. On December 5, 2017, the GAO responded in the affirmative that Congress does have the power to disapprove of guidance under the CRA, settling a long disputed legal matter. Normally, the CRA allows Congress to overturn rules within 60 legislative days of their enactment; but because the dealer markups guidance was never technically submitted to Congress for review as a formal rule under the Administrative Procedure Act, the 60-day countdown never commenced. Following the GAO's determination, Senator Jerry Moran (R-KS) introduced a joint resolution of disapproval of the guidance on March 22, 2018, which passed the Senate on April 18. The resolution passed the House on May 8, and was signed into law by President Trump on May 21, 2018, nullifying the guidance.
Net Neutrality
Telecom
FCC
Repealed
16.05.2018
01.07.2014
13.04.2015
11.06.2018
?
A rule regulating internet service providers as "common carriers" under Title II of the Communications Act of 1934.
Net Neutrality is the principle that internet service providers must not discriminate or charge differentially by user, content, or website. In December 2010, the Federal Communications Commission (FCC) issued the Open Internet Order, a set of regulations intending to move toward the establishment of Net Neutrality.
Verizon challenged the order, and January 14, 2014, the D.C. Circuit Court ruled that the FCC could only enforce the Open Internet Order on "common carriers" as defined under Title II of the Communications Act of 1934 (at the time, internet service providers were classified under Title I). On May 15, 2014, the FCC issued a notice of proposed rulemaking seeking comment on whether internet service providers should be reclassified as "common carriers," which would de facto preserve Net Neutrality. During the 90-day notice and comment period, the FCC received more than 3.7 million comments, the vast majority of which were in support of Net Neutrality, crashing the FCC's servers.
On November 10, 2014, President Obama urged the FCC to protect Net Neutrality by reclassifying internet service under Title II. On February 26, 2015, the FCC voted 3-2 to reclassify internet service providers as common carriers, thereby preserving Net Neutrality. The rule was finalized on April 13, 2015, and became effective June 12, 2015. The U.S. Telecom Association proceeded to file suit, but on June 14, 2016, the D.C. Circuit Court upheld the rule. On December 14, 2017, the FCC, headed by Chairman Ajit Pai, a Trump appointee, voted 3-2 to repeal Net Neutrality.
02.06.2017
22.02.2018
11.06.2018
?
Repeal
Repeal of Net Neutrality.
Effective June 12, 2015, internet service providers were reclassified as "common carriers" under Title II of the Communications Act of 1934, thereby preserving Net Neutrality. On April 26, 2017, Federal Communications Commission (FCC) chairman Ajit Pai announced plans to roll back Net Neutrality, stating that internet service providers should instead voluntarily commit to the principle. On April 27, 2017, the FCC issued a notice of proposed rulemaking to roll back Net Neutrality, which was titled "Restoring Internet Freedom." Around the same time, the D.C. Circuit Court declined to reconsider the June 2016 ruling that upheld Net Neutrality. During the 90-day notice and comment period, the FCC received a record 9 million comments, again crashing its servers. On November 21, 2017, the FCC announced its intention to repeal Net Neutrality at its December 14 meeting. Brookings Visiting Fellow Tom Wheeler, who was chairman of the FCC when Net Neutrality was first established, was immediately critical of Chairman Pai's decision. On December 14, 2017, the FCC, as expected, voted 3-2 to repeal Net Neutrality. Immediately following the vote, Senator Ed Markey (D-MA) announced his intention to introduce a joint resolution of disapproval under the Congressional Review Act, and New York state attorney general Eric Schneiderman announced his intention to sue. On February 22, 2018, the final rule repealing Net Neutrality was published in the Federal Register, triggering a flurry of lawsuits. In addition, CRA resolutions were introduced in the House and Senate. Under the Congressional Review Act, joint resolutions of disapproval that have been in committee for 20 or more days can be discharged from committee by a petition supported by at least 30 senators. On May 16, 2018, the resolution passed the Senate, 52-47. It will now head to the House, where it is unlikely to pass.
Fiduciary Rule
Financial
DoL
Repealed
11.05.2018
20.04.2015
08.04.2016
15.03.2018
?
A rule requiring financial professionals who work with retirement assets or provide retirement planning advice to act in the best interest of their clients.
The Fiduciary Rule, controversially issued by Obama's Department of Labor (DoL), would impose broad obligations on all financial advisors to act as their clients' fiduciaries, rather than as mere salespeople of financial products. Shortly after the Fiduciary Rule was proposed, industry groups filed suit in a district court for northern Texas, claiming that the DoL had overstepped its authority. The case was thrown out on February 8, 2017, and the plaintiffs appealed to the 5th Circuit Court.
On February 3, 2017, President Trump issued a memo directing the Secretary of Labor to review the economic and legal basis of the rule. The DoL first issued a memo clarifying the possible implementation of a delay, then issued a delay in April. On May 22, 2017, Labor Secretary Alex Acosta published an op-ed stating that out of respect for the law, the department would begin to enforce the rule while pursuing revisions through normal rulemaking procedures. The rule became partially effective on June 9, 2017.
On August 9, 2017, after a request for information, the DoL requested an 18-month delay for implementation of the remaining parts of the rule, which on August 28, 2017, was approved by the Office of Management and Budget and subsequently finalized on November 29, 2017. On March 15, 2018, a three-judge panel for the 5th Circuit Court of Appeals reversed the Texas district court's ruling and vacated the Fiduciary Rule in toto, stating that the DoL overstepped its statutory authority.
On May 9, 2018, the Securities and Exchange Commission (SEC) proposed its own version of the Fiduciary Rule, called the Regulation Best Interest Rule. The proposal requires broker-dealers to act in the "best interest" of their clients and to clearly disclose to clients the scope and terms of the relationship. While as yet undefined, the "best interest standard" will likely fall somewhere between the current "suitability standard" and the stricter "fiduciary standard."
Regulatory Capital Rule for Small Banks: Transitions
Financial
Treasury, Fed, FDIC
In Effect
11.05.2018
25.08.2017
21.11.2017
01.01.2018
?
A rule extending the 2017 regulatory capital treatment for certain items for smaller banks.
This rule, known as the Transitions Rule, extends the 2017 regulatory capital treatment for certain items for smaller banks. Specifically, the rule applies to banking organizations that are not subject to the capital rules' advanced approaches, called "non-advanced approaches banking organizations," which tend to be smaller banks. The Transitions Rule accompanies the Simplifications Rule, which proposes to simplify the regulatory capital rules.
Regulatory Capital Rule for Small Banks: Simplifications
Financial
Treasury, Fed, FDIC
In Rulemaking
11.05.2018
27.10.2017
–
–
?
A rule simplifying regulatory capital treatment for certain items for smaller banks.
This proposed rule, known as the Simplifications Rule, proposes to simplify regulatory capital treatment for certain items for smaller banks. Specifically, the rule applies to banking organizations that are not subject to the capital rules' advanced approaches, called "non-advanced approaches banking organizations," which tend to be smaller banks. The Simplifications Rule accompanies the Transitions Rule, which extended the 2017 transition provisions.
Telehealth Rule
Health
VA
In Effect
11.05.2018
02.10.2017
11.05.2018
11.06.2018
?
A rule clarifying that VA health care providers may provide health care through the use of telehealth.
Telehealth refers to the use of medical information that is exchanged from one site to another through telecommunication. This rule clarifies that the Department of Veterans Affairs health care providers may provide health care through the use of telehealth, notwithstanding state laws, rules, licensure, registration, or certification requirements to the contrary. This rule is considered an E.O. 13771 deregulatory action.
Well Control and Blowout Preventer Rule: Revision
Environmental
DoI
In Rulemaking
11.05.2018
11.05.2018
–
–
?
A rule weakening requirements for well control and blowout prevention for oil drilling.
The Well Control and Blowout Preventer Rule was finalized in April 2016, in part as a response to the Deepwater Horizon oil spill of 2010. The Well Control and Blowout Prevention Rule set standards for well control activities associated with oil drilling on the Outer Continental Shelf. Specifically, the rule removes the requirement that critical equipment like the blowout preventer be inspected by independent auditors certified by the Bureau of Safety and Environmental Enforcement. The Department of the Interior submitted the proposal to the Office of Management and Budget on December 8, 2017, and it was published in the Federal Register on May 11, 2018.
Rural Call Completion (Data Reporting Requirements)
Telecom
FCC
Repealed
10.05.2018
12.04.2013
17.12.2013
11.06.2018
?
A rule requiring covered providers of long-distance voice service to record and retain data on call completion rates to rural areas.
Calls originating from a long-distance provider may be handed off multiple times to different providers before reaching their final destination, which is a significant source of rural call completion problems. The 2013 Rural Call Completion Order required providers of long-distance voice service that initially select the route, known as “covered providers," to record and retain data on call completion rates to rural areas and report to the Federal Communications Commission (FCC) on a quarterly basis. The rule's data reporting requirements for covered providers were premised on the belief that said providers had the greatest access to call detail information, and so would be best suited to record, retain, and report the relevant data on rural call completion.
27.07.2017
10.05.2018
11.06.2018
?
Repeal
Repeal of Rural Call Completion rule.
On May 10, 2018, the FCC repealed these data reporting requirements, claiming they have not provided useful information to the FCC and have been ineffective in deterring call completion failures.
Wireline Infrastructure Rule
Telecom
FCC
In Effect
09.05.2018
16.05.2017
28.12.2017
29.01.2018
?
A rule removing regulatory barriers to the deployment of high-speed broadband networks.
The Wireline Infrastructure Rule seeks to remove regulatory barriers to the deployment of next-generation broadband networks. Specifically, the rule reforms pole attachment rules by making it easier for telecom companies to access poles; changes the process for retiring copper facilities to better enable carriers to transition to modern networks; streamlines the regulatory process by which carriers must obtain authorization to discontinue legacy services; prohibits the enforcement of state and local laws that inhibit broadband deployment; and changes the FCC's legal interpretations to clarify when carriers must ask for permission to alter or discontinue a service.
Feeable Supplementary Services Report: Elimination
Telecom
FCC
Repealed
04.05.2018
29.11.2017
03.05.2018
03.05.2018
?
A rule eliminating the requirement that digital television providers who do not offer ancillary or supplementary services to file an annual report with the FCC.
In 1998, the Federal Communications Commission (FCC) adopted rules that set the fee for feeable ancillary or supplementary services provided by digital television providers. The rules also required all digital television licensees and permittees annually to file Schedule G, even if they provided no ancillary or supplementary services during the relevant reporting period.
This rule eliminates the requirement for digital television providers to annually file Schedule G if they do not provide such services. Only TV stations that actually provide feeable ancillary or supplementary services need file the report.
5G Expansion Rule
Telecom
FCC
In Effect
04.05.2018
01.03.2018
03.05.2018
02.07.2018
?
A rule exempting small wireless facilities from environmental impact review.
A "small cell" is a radio access point used to enhance cellular coverage by complementing large "macro cell" towers. The National Historic Preservation Act (NHPA) requires historic preservation review for “undertakings," and the National Environmental Policy Act (NEPA) requires environmental review for “major Federal actions.” In this rule, the Federal Communications Commission (FCC) clarifies that the deployment of small cells, is neither an “undertaking” nor a “major Federal action," and thus does not require historic preservation review or environmental review. The FCC believes this rule will help to streamline and facilitate the deployment of next generation wireless facilities, also known as 5G.
Acquisition Regulations
Other
VA
In Effect
01.05.2018
17.05.2017
16.04.2018
16.05.2018
?
A rule revising and streamlining acquisition regulations at the Department of Veterans Affairs.
This rule revises and streamlines acquisition regulations at the Department of Veterans Affairs. This rule is considered a deregulatory action under Executive Order 13771.
Cable Channel Lineup Requirements: Elimination
Telecom
FCC
In Rulemaking
01.05.2018
01.05.2018
–
–
?
A rule eliminating requirements for cable providers to maintain a list of their current channel lineup.
The Federal Communications Commission (FCC) requires cable operators to maintain at their local office a current list of the cable television channels that each cable system delivers to its subscribers, and also requires certain cable operators to make their channel lineup available via their online public inspection file. The FCC is proposing to eliminate these requirements because channel lineup information is easily available from other sources.
Picture Tube Rule: Repeal
Telecom
FCC
In Rulemaking
01.05.2018
18.04.2018
–
–
?
Repeal of a rule regarding non-deceptive advertising for the dimensions of television screens.
The Federal Communications Commission (FCC) promulgated the Picture Tube Rule in 1966 to prevent deceptive claims regarding the size of television screens and to encourage uniformity and accuracy in marketing. The Picture Tube Rule set forth the means to non-deceptively advertise the dimensions of television screens. Due to the substantial changes in television screen technology and the near ubiquitousness of flat screen televisions, the Picture Tube Rule is no longer necessary or appropriate to prevent customer deception. This proposed rule eliminates the Picture Tube Rule.
Signal Boosters Rule: Rescission
Telecom
FCC
In Effect
01.05.2018
18.04.2018
18.04.2018
18.05.2018
?
A rule eliminating the personal use restriction on provider-specific consumer signal boosters.
Consumer signal boosters are devices that extend and improve wireless service without special engineering or professional installation. Previously, signal boosters were restricted to "personal use," meaning small businesses and other organizations were not allowed to take advantage of them. This rule eliminates the personal use restriction on provider-specific consumer signal boosters.
Scientific Transparency Rule
Environmental
EPA
In Rulemaking
30.04.2018
30.04.2018
–
–
?
A rule requiring scientific studies used to inform EPA rulemaking to have their underlying data made publicly available.
On April 30, 2018, the Environmental Protection Agency (EPA) proposed the controversial Scientific Transparency Rule. The proposed rule would only allow the EPA to consider scientific studies in which the underlying data is made publicly available, even if the studies have been peer reviewed or replicated elsewhere. Public health studies that rely on participants sharing sensitive data protected under confidentiality agreements would be disbarred. The rule is opposed by the Union of Concerned Scientists, who sent a letter of opposition with 985 signatories to EPA administrator Scott Pruitt. The editors-in-chief of the top scientific journals, including Nature, Science, and the Proceedings of the National Academy of Sciences, also issued a joint statement in response to the proposal.
Commercial Real Estate Appraisal Rule
Financial
Treasury, Fed, FDIC
In Effect
09.04.2018
31.07.2017
09.04.2018
09.04.2018
?
A rule raising the threshold for which commercial real estate transactions require an appraisal.
Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 directs federal agencies charged with regulating financial institutions to publish appraisal regulations for federally related transactions within its jurisdiction. The purpose of Title IX is to ensure that appraisals used in connection with federally related real estate transactions are performed in accordance with uniform standards. The agencies have the authority to determine which real estate transactions require the services of a state certified or state licensed appraiser for purposes of administering Title IX. In July 2017, the relevant federal agencies proposed to increase the threshold for which commercial real estate transactions required an appraisal, from $250,000 to $400,000. The final rule, published on April 9, 2018, raised the threshold from $250,000 to $500,000.
Eliminating Unnecessary Regulations at the Treasury Department
Financial
Treasury
In Rulemaking
09.04.2018
09.04.2018
–
–
?
A rule removing regulations related to Treasury programs that are no longer in existence.
This proposed rule removes regulations or portions of regulations related to Treasury programs that are no longer in existence. The proposed revisions are in response to President Trump’s Executive Order 13777.
Pesticide Applicator Certification Rule
Environmental
EPA
Unchanged
09.04.2018
24.08.2015
04.01.2017
06.03.2017
?
A rule to improve the competency of certified pesticide applicators.
Pre-Shift Mining Examinations Rule
Labor
DoL
In Effect
09.04.2018
08.06.2016
23.01.2017
02.06.2018
?
A rule requiring safety and health examinations of mines to be conducted before miners begin work.
The pre-shift mining examinations rule requires that an examination of the working place be conducted before miners begin work in an area, and that the operator notifies miners in the working place of any conditions found that may adversely affect their safety or health. The rule was finalized on January 23, 2017.
The Department of Labor (DoL) delayed the rule on March 27, then again on May 22, then again on September 12. Also on September 12, the DoL proposed a slightly modified rule On October 5, 2017, the rule was delayed for a fourth time, extending the effective date to June 2, 2018.
12.09.2017
09.04.2018
02.06.2018
?
Amendment
A rule allowing safety and health examinations of mines to be conducted after miners begin work.
On September 12, 2017, the Department of Labor (DoL) proposed a modified pre-shift mining rule. While the original rule required examinations to be conducted before miners begin work, the modified rule required examinations to be conducted before work begins or as miners begin work. It also weakened the requirements for information included on the examination reports, did not require that operators make the records available to miners and their representatives, and did not specify that a "competent person" conduct the examinations. On April 9, 2018, the modified rule was published in the Federal Register, with an effective date of June 2, 2018.
Repeal of Independent R&D Technical Interchange
Other
DoD
In Effect
09.04.2018
20.06.2017
24.08.2018
24.08.2018
?
A rule eliminating the requirement that major contractors have technical interchange with the government prior to generating independent R&D costs.
The Defense Federal Acquisition Regulation Supplement to the Federal Acquisition Regulation (FAR) contains DoD-specific policies and procedures for the procurement process for goods and services. On August 24, 2018, the DoD issued a final rule removing the text at DFARS 231.205-18(c)(iii)(C)(4). Those rules required major contractors to have a technical interchange with the government prior to generating independent research and development costs, in order for those costs to be determined allowable. This rule is considered an E.O. 13771 deregulatory action.
Formaldehyde Emission Standards for Composite Wood Products
Environmental
EPA
Unchanged
04.04.2018
10.06.2013
12.12.2016
01.06.2018
?
A rule to reduce exposure to formaldehyde during manufacture of certain wood products.
Formaldehyde is a colorless, flammable gas at room temperature that has a strong odor and is found in certain resins used in the manufacture of composite wood products, including plywood, fiberboard, and particleboard. The Environmental Protection Agency (EPA) classifies formaldehyde as a probable human carcinogen. During the notice and comment period for the new formaldehyde emission standards, the majority of commenters supported the rule, but noted that many manufacturers already voluntarily complied with the rule, giving noncompliant manufacturers an economic advantage. Thus, trade organizations were weary of extended discussion. However, they objected to one aspect of the rule, which prohibited composite wood products from being labeled as compliant before December 12, 2017.
On March 13, 2018, the U.S. District Court for the Northern District of California, in response to a complaint brought by Sierra Club on October 31, 2017, vacated the most recent extension, and set a new compliance date of June 1, 2018. EPA issued a notice in the Federal Register on April 4, 2018, complying with the new deadline.
Deeming Rule
Health
FDA
Delayed
03.04.2018
25.04.2014
10.05.2016
08.08.2021
?
A rule expanding the definition of "tobacco products" for the purposes of FDA regulation.
In May 2016, the Food and Drug Administration (FDA) finalized the Deeming Rule, which expanded the types of tobacco products subject to the FDA regulation. The Tobacco Control Act explicitly authorizes the FDA to regulate cigarettes, cigarette tobacco, and smokeless tobacco; it also grants the FDA authority to deem other tobacco products subject to regulation. The Deeming Rule expanded the FDA's regulatory authority to include such products as e-cigarettes, hookah, vaporizers, cigars, and pipe tobacco. The final rule required manufacturers to submit applications to the FDA by August 2018 for all newly deemed tobacco products on the market since February 2007.
Nicopure, an e-cigarette manufacturer, immediately filed suit, claiming the Deeming Rule violated its First Amendment rights, but the suit was thrown out on July 21, 2017. On May 15, 2017, the FDA delayed the application deadlines by three months. On August 10, 2017, the FDA further delayed the application deadlines, to August 8, 2021 for combustive products and to August 8, 2022 for non-combustive products. On March 27, 2018, several tobacco control advocates sued the FDA for delaying the application deadlines for the Deeming Rule, claiming that the FDA's decision to delay the rule via guidance violated the notice and comment requirements of the Administrative Procedure Act.
Maintenance of Copies of FCC Rules
Telecom
FCC
In Effect
03.04.2018
13.10.2017
30.03.2018
30.03.2018
?
A rule eliminating the requirement for certain broadcast and cable entities to maintain paper copies of FCC regulations.
Tip Credit Rule: Partial Rescission
Labor
DoL
Unchanged
03.04.2018
Nullified by the Consolidated Appropriations Act of 2018
Partial rescission of a rule restricting the pool of employees eligible for tip sharing.
The federal minimum wage for service workers who receive most of their earnings from tips is $2.13 per hour, while all other employees must receive the standard minimum wage of $7.25 per hour. Under the Fair Labor Standards Act, an employer of tipped employees can satisfy its obligation to pay those employees the federal minimum wage by paying a lower direct cash wage and counting a limited amount of the tips received by its employees as a partial credit (known as a “tip credit”). A 1974 statute stipulates that employers can only take a tip credit if its tipped employees retained all tips. However, the statute does not preclude an employer that takes a tip credit from implementing a tip pool, but requires that only employees who “customarily and regularly receive tips” can participate in the pool. In 2011, the Department of Labor (DoL) updated its regulations to clarify that tipped employees must retain all tips, regardless of whether the employer takes a tip credit. On December 5, 2017, the DoL proposed to expand tip sharing to include employees who do not regularly receive tips, such as restaurant cooks and dishwashers.
While the proposed rule ostensibly is meant to close the pay disparity between tipped servers and hourly back-of-the-house employees, critics claim that the proposed rule goes too far by allowing employers to control all tips and distribute them to anyone, including salaried workers or the owners themselves. On March 23, 2018, President Trump begrudgingly signed the Consolidated Appropriations Act of 2018 to fund the government through fiscal year 2018. Tucked into the omnibus spending bill is a provision (Sec. 1201) that invalidates the DoL's proposed revision to the Tip Credit Rule; the law explicitily states, "An employer may not keep tips received by its employees for any purposes."
Broadcast Mid-Term Report: Elimination
Telecom
FCC
In Rulemaking
26.03.2018
21.03.2018
–
–
?
Elimination of the requirement for broadcasters to file mid-term report (Form 397).
The Communications Act of 1934 requires the Federal Communications Commission (FCC) to perform a mid-term review of broadcast stations' employment practices. To facilitate mid-term reviews, the FCC adopted Form 397 in 2003. Because nearly all the information in Form 397 is also available in stations' public inspection files, the FCC believes Form 397 is no longer needed to facilitate implementation of its mid-term review obligations, and proposes to eliminate the filing requirement, noting that is has become “redundant and unnecessarily burdensome."
Hiring Flexibility for School Nutrition Program Directors
Education
USDA
In Rulemaking
19.03.2018
06.03.2018
–
–
?
A rule expanding hiring flexibility for school nutrition program directors.
In July 2015, the Food and Nutrition Service (FNS) implemented professional standards for school nutrition personnel who manage and operate the National School Lunch and School Breakfast Programs. The standards are intended to ensure that school nutrition professionals who manage and operate the programs have adequate knowledge and training to meet program requirements. Hiring standards vary based on the size of the "local educational agencies" (LEAs): small (2,499 students or fewer), mid-sized (2,500 to 9,999 students), and large (10,000 students or more). Current regulations require roughly three years of prior school nutrition program experience, depending on the level of education attained.
Due to concerns that small LEAs have trouble hiring directors who meet all the professional standards, this proposed rule would add four flexibilities to the hiring standards for new school nutrition program directors from small LEAs: (i) Rather than relevant "school nutrition program experience," new directors would be required to have relevant "food service experience." (ii) State agencies would be given discretion to consider volunteer or unpaid work as relevant food service experience. (iii) State agencies would be given discretion to accept less than the required years of food service experience. (iv) Candidates for state-level directors could be considered if they have either a bachelor's or master's degree in specific, relevant fields.
Off-Label Intended Use Rule
Health
FDA
Delayed
19.03.2018
25.09.2015
09.01.2017
16.03.2018
?
A rule redefining the standard for evaluating "intended uses" of products regulated by the FDA.
Traditionally, the FDA has chosen when and how to regulate a product by evaluating the objective intent of the product based on labeling and advertising claims. The FDA also has the authority to resolve discrepancies between "intended" and "actual" uses in making a regulatory determination, depending on the manufacturer's knowledge of off-label uses. This latter authority, known as the "knowledge provision," is rarely exercised. On September 25, 2015, the Food and Drug Administration (FDA) proposed a rule to clarify ambiguity concerning when a tobacco product qualifies as a drug and device, and could therefore be regulated as a medical product under the Federal Food, Drug, and Cosmetic Act. The FDA proposed to do this in several ways, including modifying the basis for determining a product's "intended uses." It also suggested deleting the knowledge provision, a proposal that industry welcomed.
On January 9, 2017, the FDA published a final rule codifying most of the changes suggested in the proposed rule, including the tobacco product definitions. Notably, however, the FDA changed its approach to the knowledge provision of the intended uses section, opting to retain the use of knowledge of off-label use as intended use and provided some guidance under which knowledge could be determined.
Universal Waste Rule: Aerosol Cans
Environmental
EPA
In Rulemaking
19.03.2018
16.03.2018
–
–
?
A rule adding hazardous waste aerosol cans to the universal waste program.
The Universal Waste Rule of 1995 established a streamlined hazardous waste management system for widely generated hazardous wastes, including hazardous waste batteries, certain hazardous waste pesticides, mercury-containing equipment, and hazardous waste lamps. This proposed rule would add hazardous waste aerosol cans to the list of hazardous wastes regulated under the Universal Waste Rule. Under current rules, generators of most hazardous waste aerosol cans are subject to stricter regulatory requirements under the Resource Conservation and Recovery Act.
Organic Livestock and Poultry Practices / Animal Welfare Rule
Agriculture
USDA
Repealed
15.03.2018
13.04.2016
19.01.2017
13.05.2018
?
A rule requiring the humane treatment of “certified organic” animals.
18.12.2017
13.03.2018
13.05.2018
?
Withdrawal
Withdrawal of Organic Livestock rule.
After delaying the rule on May 10, the Department of Agriculture (USDA) proposed a new rule, asking the public to comment on the possible actions the USDA should take in regard to the rule. On December 18, 2017, the USDA proposed to withdraw the rule altogether. On March 13, 2018, the USDA formally withdrew the rule.
Hybrid Vehicle Noise Requirements
Transportation
DoT
Unchanged
26.02.2018
14.01.2013
14.12.2016
05.09.2017
?
A rule establishing minimum sound requirements for hybrid vehicles.
This rule sets minimum requirements for sound produced by hybrid and electric vehicles. The rule was intended to help to ensure that visually impaired pedestrians were able to detect and recognize nearby hybrid and electric vehicles, which are notoriously quiet at low speeds. The rule was finalized on December 14, 2016, and set to go into effect on February 13, 2017.
On February 6, 2017, the Department of Transportation (DoT) delayed the effective date, and it was subsequently delayed again, then again, then again, eventually settling on an effective date of September 5, 2017, a 50 percent phase-in date of September 1, 2018, and a full phase-in date of September 1, 2019. In response to petitions filed by the Auto Alliance, Global Automakers, Honda, and Nissan, who argued that the phase-in schedule was to short, the DoT on February 26, 2018, delayed the 50 percent and full phase-in dates by one year, to September 1, 2019, and September 1, 2020, respectively.
Eliminating Unnecessary Regulations at the U.S. Patent and Trademark Office
Other
USPTO
In Rulemaking
13.02.2018
19.01.2018
–
–
?
A rule removing various regulations deemed unnecessary by the U.S. Patent and Trademark Office.
This proposed rule removes various regulations deemed unnecessary or superfluous by the U.S. Patent and Trademark Office. The proposed revisions are in response to President Trump’s Executive Order 13777.
Prepaid Accounts Rule
Financial
CFPB
Delayed
13.02.2018
23.12.2014
22.11.2016
01.04.2019
?
A rule establishing comprehensive consumer protections for prepaid accounts.
The Prepaid Accounts Rule, also known as the "Prepaid Rule," created comprehensive consumer protections for prepaid accounts. It required that providers of prepaid products protect consumers against fraud and theft, give consumers free and easy access to the product, work with consumers to investigate any errors on covered products, provide disclosures to highlight key costs associated with the product, and adopt certain protections provided to credit cards, such as monthly account statements, consideration of whether a consumer has the ability to repay the debt before offering credit, and limits on late fees.
It was one of the Consumer Financial Protection Bureau’s (CFPB’s) most criticized rules, and took nearly six years to finalize (initial discussions began in May 2012). The Prepaid Rule was finalized in November 2016, two years after it was officially proposed. The rule was originally set to take effect on October 1, 2017.
After industry stakeholders complained that the rule was overly broad and could leave them on the hook for fraudulent losses, the CFPB in April 2017 delayed implementation of the rule for six months, to April 1, 2018. Believing further adjustments were necessary, the CFPB proposed further amendments to the rule in June 2017. At issue were the Prepaid Rule’s requirements for resolving errors on unregistered accounts and requirements for credit card accounts linked with digital wallets. These developments happened under CFPB director and Obama appointee Richard Cordray, who resigned in November 2017.
In February 2018, under acting director and Trump appointee Mick Mulvaney, the CFPB finalized the amendments, and delayed the overall effective date to April 1, 2019. The final rule clarified that error resolution requirements and limited liability protections will only apply after a consumer's identity has been verified, and also provided industry with more flexibility on cards linked to digital wallets. Industry stakeholder praised the new amendments for fixing some of the Prepaid Rule's most heavily disputed provisions.
Additional Monitoring Requirements for Pressure Relief Devices: Rescission
Environmental
EPA
In Effect
12.02.2018
07.08.2017
29.01.2018
29.01.2018
?
Rescission of a rule that added additional monitoring requirements for pressure relief devices on containers used in off-site waste and recovery operations for hazardous air pollutants.
In March 2015, the Environmental Protection Agency (EPA) issued a rule that, among other things, required continuous monitoring of pressure relief devices (PRDs) on containers used in off-site waste and recovery operations for hazardous air pollutants. In May 2015, Eastman Chemical Company and the American Chemical Council petitioned the EPA to reconsider the PRD provision, and on February 6, 2016, the EPA granted the petition. The additional monitoring requirements for PRDs were removed in a final rule issued January 29, 2018.
Reclassification of Major Sources as Area Sources under the Clean Air Act
Environmental
EPA
In Effect
12.02.2018
Guidance issued by assistant EPA administrator
Guidance regarding reclassification of major sources of hazardous air pollutants.
The Clean Air Act states that the Environmental Protection Agency (EPA) must establish maximum achievable emission standards for hazardous air pollutants. Section 112 of the Clean Air Act distinguishes between “major sources” of hazardous air pollutants and “area sources,” which are subject to less stringent emission standards. A 1995 memo established the “once in, always in” policy, which permanently designated major sources.
On January 25, 2018, the EPA withdrew the 1995 memo, stating that the “plain language” of section 112 compels the conclusion that a major source becomes an area source as soon as the source’s potential to emit hazardous air pollutants falls below the major source threshold.
National Television Multiple Ownership Rule / Removal of UHF Discount
Telecom
FCC
Repealed
03.02.2018
14.11.2013
24.10.2016
05.06.2017
?
A rule eliminating the UHF discount from the calculation of the national television audience reach cap.
The Consolidated Appropriations Act of 2004 establishes a "national audience reach cap," which forbids any entity from owning TV stations reaching more than 39 percent of U.S. households. Because UHF broadcasting has a weak signal compared to VHF broadcasting, in 1985 the Federal Communications Commission (FCC) instituted the UHF Discount, which allowed TV station owners to discount the audience reach of their UHF stations by 50 percent when calculating compliance with the National Television Ownership Rule, in effect raising the limit on household coverage for TV station owners from 39 percent to 78 percent.
On October 24, 2016, the FCC eliminated the UHF Discount, stating that it was no longer justified because of the transition to digital television. Two TV broadcasting groups filed a petition opposing the removal of the UHF Discount. On May 5, 2017, the FCC granted the petition, reinstating the UHF Discount, citing the previous administration's failure "to consider whether this de facto tightening of the national cap was in the public interest." Reinstatement of the UHF Discount took effect June 5. But on May 10, 2017, Free Press petitioned the FCC to stay its ruling, and on May 20 requested an emergency motion for stay. However, the D.C. Circuit Court rejected the motion on June 15, leaving the UHF Discount in place.
On November 22, 2017, the FCC announced plans for a "holistic review" of the National Television Multiple Ownership Rule; a notice of proposed rulemaking to initiate the comprehensive review was published in the Federal Register on January 26, 2018.
Outer Continental Shelf Oil and Gas Leasing Program
Environmental
DoI
In Rulemaking
09.01.2018
08.01.2018
–
–
?
A proposal to expand oil and gas drilling in the Outer Continental Shelf.
In January 2015, the Obama Administration considered a five-year plan to permit drilling in the Atlantic Ocean but abandoned the plan in March 2016, due to concerns raised by the states and the Navy. In December 2016, the Obama Administration banned drilling in millions of acres of federally owned land in the Arctic and Atlantic Ocean, invoking the Outer Continental Shelf Lands Act of 1953, which allows a president to withdraw any currently unleased lands in the Outer Continental Shelf from future lease sales.
In response to an executive order signed by President Trump in April 2017, Secretary of the Interior Ryan Zinke on January 4, 2018 announced plans to vastly expand oil and gas drilling in U.S. continental waters. The Five Year Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program would allow drilling in 25 of the 26 areas of the Outer Continental Shelf that were previously off limits to oil and gas exploration, totaling more than a billion acres. It is the largest single expansion of offshore drilling activity ever proposed.
Local Television Ownership Rule (Eight Voices Test: Repeal)
Telecom
FCC
In Effect
08.01.2018
–
08.01.2018
07.02.2018
?
Repeal of a rule requiring eight independently owned TV stations to remain in a market before any entity may own two TV stations in that market.
Local Television Ownership Rule allows a single entity to own up to two television stations in the same market as long as one of the stations is not ranked among the top-four stations (the Top-Four Prohibition) in the market and at least eight independently owned television stations would remain in the market following the combination (the Eight Voices Test). On November 16, 2017, the FCC voted 3-2 along party lines to eliminate the Eight Voices Test. The FCC claims that eliminating the requirement will allow broadcasters, particularly in small and mid-sized markets, to realize the benefits of common ownership and better serve their local communities. Opponents of the FCC's decision to eliminate the Eight Voices Test claim that the repeal coupled with repeal of the TV JSA Attribution Rule would enable a single company to completely dominate a market's television advertising sales and make new entry impossible.
Local Television Ownership Rule (Top-Four Prohibition: Modification)
Telecom
FCC
In Effect
08.01.2018
–
08.01.2018
07.02.2018
?
Modification of a rule that prohibits a single entity from owning two of the top four TV stations in a market.
Local Television Ownership Rule allows a single entity to own up to two television stations in the same market as long as one of the stations is not ranked among the top-four stations (the Top-Four Prohibition) in the market and at least eight independently owned television stations would remain in the market following the combination (the Eight Voices Test). On November 16, 2017, the FCC voted 3-2 along party lines to modify the Top-Four Prohibition, allowing exceptions to the prohibition if an entity can show that the action would be in the public interest.
Media Cross-Ownership Ban: Repeal
Telecom
FCC
Repealed
08.01.2018
–
08.01.2018
07.02.2018
?
Repeal of a rules prohibiting a single company from owning a newspaper and television and radio stations in the same town.
Established in 1975, the Federal Communications Commission (FCC) Broadcast Ownership Rules set limits on the number of broadcast television and radio stations that a single company can own, as well as limits on the common ownership of broadcast stations and newspapers. On November 16, 2017, the FCC voted 3-2 along party lines to eliminate the Newspaper/Broadcast Cross-Ownership Rule and the Radio/Television Cross-Ownership Rule, allowing a single company to own radio and television stations as well as local newspapers in the same town.
Television Joint Sales Agreement Attribution Rule: Repeal
Telecom
FCC
In Effect
08.01.2018
–
08.01.2018
07.02.2018
?
Repeal of a rule involving television joint sales agreements and attribution under the FCC's ownership rules.
A joint sales agreement (JSA) is an agreement that authorizes one TV station to sell some or all of the advertising time on another station. The most recent version of the rule stated that TV JSAs that involve the sale of more than 15 percent of a station's advertising time (the brokering station) by another in-market station (the brokered station) are "attributable" under the Federal Communication Commission (FCC) ownership rules. As a result, the brokering station was deemed to have an "attributable interest" in the brokered station, and thus the brokered station would count toward the brokering station’s permissible ownership totals. The Television JSA Attribution Rule was finalized on May 20, 2014.
On November 16, 2017, the FCC voted to repeal the Television JSA Attribution Rule, and the final rule was published in the Federal register January 8, 2018.
Home Mortgage Disclosure Act Data Collection Rule
Financial
CFPB
Partially Effective
03.01.2018
29.08.2014
28.10.2015
01.01.2018
?
A rule expanding data disclosure requirements under the Home Mortgage Disclosure Act to facilitate consumer protection.
On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) issued a rule expanding the scope of data disclosure requirements under the Home Mortgage Disclosure Act (HMDA). The new rule, which was set to go into effect January 1, 2018, expanded the scope of these disclosures because existing HMDA disclosure rules were seen as insufficient in helping to assess whether a lender was complying with applicable fair lending laws.
On September 13, 2017, CFPB issued technical corrections and guidance on compliance, but maintained the original January 1, 2018 effective date. On December 21, 2018, the CFPB, headed by its new acting director Mick Mulvaney, issued a statement clarifying that the CFPB would not be levying any penalties based on the 2018 data collection, and that the agency would eventually engage in rulemaking to reconsider the 2015 rule. Brookings fellows Makada Henry-Nickie and Aaron Klein were critical of Mulvaney's decision.
Oil and Gas Fracking Rule
Environmental
DoI
Repealed
03.01.2018
11.05.2012
26.03.2015
29.12.2017
?
A rule requiring disclosure of chemicals and other details of fracking operations.
The Oil and Gas Fracking Rule set more stringent requirements for disclosure of information by fracking companies, specifically related to claims of trade secrets exempt from disclosure, public availability of information about each fracking operation, and retention of records related to chemicals used in fracking. On June 21, 2016, a U.S. District Court in Wyoming ordered the rule to be set aside, stating that the Bureau of Land Management lacked congressional authority to promulgate the regulation. On appeal, the 10th Circuit Court of Appeals found that the Trump administration's intention to rescind the rule made the case "prudentially unripe," and dismissed the case without prejudice on September 21, 2017. This caused significant confusion as to whether the Obama administration's rule would therefore become effective as the Trump administration's rescission effort proceeds. As of November, the status of the previous rule was still being contested.
25.07.2017
29.12.2017
29.12.2017
?
Rescission
Rescission of Oil and Gas Fracking rule.
On February 28, 2017, President Trump issued an executive order directing the secretary of the interior to review the Oil and Gas Fracking Rule. In response to this direction, and to resolve issues of pending litigation, the Department of the Interior (DoI) proposed to rescind the rule, noting that it imposes burdensome reporting requirements and other unjustified costs on the oil and gas industry. On December 29, 2017, the DoI rescinded the 2015 rule.
Production Safety Systems Rule: Revision
Environmental
DoI
In Rulemaking
03.01.2018
29.12.2017
–
–
?
A rule weakening requirements for oil and natural gas production safety systems on the Outer Continental Shelf.
The Production Safety Systems Rule was finalized in September 2016, in part as a response to the Deepwater Horizon oil spill of 2010. The Production Safety Systems Rule set standards for safety and pollution prevention equipment used in the production of oil and gas on the Outer Continental Shelf. On December 29, 2017, the Department of the Interior proposed to weaken the standards, claiming that they were unnecessarily burdensome for operators. Among other things, the new proposed rule eliminates a requirement that safety and pollution prevention equipment be inspected by independent auditors certified by the Bureau of Safety and Environmental Enforcement, and instead would allow oil companies to use "recommended practices" set by industry to ensure equipment safety.
Interpretation of "Incidental Take" under the Migratory Bird Treaty Act
Environmental
DoI
Repealed
27.12.2017
Guidance rescinded by secretary of the interior
Withdrawal of policy on prosecuting energy companies that accidentally kill birds.
Alternative Capital Rule
Financial
NCUA
In Rulemaking
20.12.2017
08.02.2017
–
–
?
A rule allowing all federally insured credit unions to issue secondary and supplemental capital.
On February 8, 2017, the National Credit Union Administration (NCUA) published an advanced notice of proposed rulemaking regarding required capital standards for credit unions and the issuance of secondary and supplemental capital. The NCUA Regulatory Reform Task Force, formed in response to an executive order by President Trump, issued a subsequent notice indicating that alternative capital measures were important targets in the NCUA's regulatory reform agenda.
Corporate Credit Unions Rule
Financial
NCUA
In Effect
20.12.2017
03.07.2017
22.11.2017
22.12.2017
?
A rule amending regulations governing corporate credit unions.
In 2010, the National Credit Union Administration (NCUA) comprehensively revised the regulations governing corporate credit unions and their activities to provide long-term structural enhancements to the corporate system. In July 2017, the NCUA proposed to remove the requirement to limit "perpetual contributed capital" counted as Tier 1 capital. Additionally, the NCUA added a formal definition of the "retained earnings ratio." After achieving a retained earnings ratio of of 2.5 percent, a corporate credit union would be permitted to include all perpetual contributed capital in its Tier 1 capital. The NCUA believes this requirement will induce credit unions to build retained earnings.
Emergency Mergers-Chartering and Field of Membership Rule
Financial
NCUA
In Effect
20.12.2017
31.07.2017
20.12.2017
19.01.2018
?
A rule expanding the definition of "in danger of insolvency" for credit unions for emergency merger purposes.
Under the Federal Credit Union Act, credit unions in danger of insolvency can merge with another credit union, without regard to common bond or other legal constraints, such as obtaining the approval of the members of the merging credit union. In 2010, the National Credit Union Administration (NCUA) issued a rule defining the term "in danger of insolvency" for credit unions for emergency merger purposes. Specifically, the 2010 rule established 3 net worth categories to determine whether a credit union was "in danger of insolvency": (i) if it will be insolvent within 24 months, (ii) if it will be "critically undercapitalized" within 12 months, or (iii) if it is significantly undercapitalized and will not be adequately capitalized within 36 months.
This new rule lengthens the forecast horizon for categories (i) and (ii) to 30 months and 18 months, respectively, and also adds a fourth net worth category to the definition of "in danger of insolvency": (iv) if a credit union has been granted or received assistance under section 208 of the Federal Credit Union Act in the 15 months before the NCUA regional office determines it to be in danger of insolvency. This rule was included among the NCUA's August 2017 Regulatory Reform Agenda.
Main Studio Rule: Elimination
Telecom
FCC
Repealed
20.12.2017
02.06.2017
08.12.2017
08.01.2018
?
Repeal of a rule requiring TV and radio stations to maintain a main studio in or near the communities they serve
The Main Studio Rule was adopted in 1939 to ensure that community members could provide their local broadcast stations with input, and that stations could participate in community activities. The rule required broadcasters to have a physical studio in or near the areas where they have a license to transmit TV or radio signals.
On October 24, 2017, the Federal Communications Commission (FCC) voted to eliminate the Main Studio Rule. Supporters of the Main Studio Rule claim that the rule helps prevent large media titans from taking over small, local TV and radio stations. Supporters of the FCC's decision to eliminate the Main Studio Rule argue that it imposes unreasonable costs on station owners and that the savings from physical studios that are no longer in operation could be funneled into creating more local TV and radio programming; they also claim that the rule is no longer needed to keep stations in touch with their communities, since email and social media have replaced visits to a studio.
Claims and Appeals Procedure for Employee Benefits Plans Providing Disability Benefits
Health
DoL
Delayed
19.12.2017
18.11.2015
19.12.2016
01.04.2018
?
A rule modifying the claims and appeals procedure for adjudicating disability income claims.
On December 12, 2016, the Department of Labor (DoL) published a final rule modifying the procedural steps insurers and employerse must take when adjudicating disability income claims of ERISA-covered employees. In general, the rule sought to replicate the process for adjudicating medical claims set up by the Affordable Care Act (ACA), including certain transparency provisions and the right to review and respond to new evidence. Importantly, the new rule automatically triggered the claims process following retroactive termination of benefits. Critics of the rule claimed the new procedural requirements would increase plan costs, resulting in a possible net decrease of benefits. Siding with these critiques, the Trump Administration issued a 90-day delay of the rule on November 29, 2017, setting the new effective date at April 1, 2018, and is currently considering regulatory alternatives.
Expanding State Flexibility to Define Essential Health Benefits and Qualified Health Plans
Health
HHS
In Effect
17.11.2017
02.11.2017
17.04.2018
18.06.2018
?
A rule granting states more flexibility in meeting the Affordable Care Act's standards for essential health benefits and qualified health plans.
This rule, issued by the Department of Health and Human Services (HHS), sets 2019 payment parameters and includes additional guidance related to key provisions of the Affordable Care Act (ACA), including essential health benefits, qualified health plan standards, risk adjustments, and hardship exemptions. The rule gives states more options in what they can choose as an essential health benefits benchmark plan. It also gives states an expanded role in the qualified health plan certification process; additionally, the rule eliminates the "meaningful difference" requirement, which required qualified health plans to be meaningfully different from all other plans in the tier. Two guidance documents accompanied the rule. The first expanded the hardship exemption, which exempts individuals facing certain hardships from maintaining health insurance; the guidance expands the exemptions to allow individuals who live in counties with one or no health insurance providers to be exempt from paying the penalty for not holding health care coverage. The second expands the transitional policy for one year, allowing individual and small group health insurance markets to delay their full compliance with ACA coverage policies until 2019. Brookings Fellow Matthew Fiedler offered criticism of similar congressional attempts to rework essential health benefit compliance.
Fast-Tracking Gene and Cell Therapy FDA Approval Process
Health
FDA
In Effect
17.11.2017
New guidance from the FDA commissioner
New guidance documents outlining a process for fast-tracking gene and cell therapies through FDA review.
On November 16, 2017, the FDA issued two final guidances and two draft guidances outlining a new process for fast-tracking gene and cell therapy treatments through the FDA approval process. Established gene and cell therapy treatment producers praised the move, and some public advocacy organizations recommended a more cautious regulatory approach.
Electrical Shock Protection Rule
Transportation
DoT
In Effect
09.11.2017
10.03.2016
27.09.2017
27.09.2017
?
A rule giving electric car manufacturers more flexibility to design technologies to protect against electric shock after a crash.
The Federal Motor Vehicle Safety Standards include electrical safety requirements to protect against contact with high-voltage sources during everyday operation and crashes involving motor vehicles. Manufacturers are required to meet one of two compliance options: the "electrical isolation" option or the "low-voltage" option. The electrical isolation option requires high-voltage sources in a vehicle to be electrically isolated from the vehicle's chassis, and the low-voltage option requires high-voltage sources to be at levels considered safe from harmful shock. The rule finalized September 27, 2017 adds a third option for vehicle manufacturers: the “physical barrier compliance" option, which allows for “electrical protection barriers” that enclose a high-voltage sources to prevent direct contact. The administration claims that the rule will give more flexibility to manufacturers of electric vehicles and will allow new technologies to be introduced to the U.S. market.
Arbitration Rule
Financial
CFPB
Repealed
25.10.2017
Nullified by Congressional Review Act
Nullification of a rule allowing class action lawsuits against banks and credit card companies to resolve financial disputes.
On July 19, 2017, the Consumer Financial Protection Bureau (CFPB) issued a final rule banning certain financial companies from using mandatory arbitration clauses in consumer contracts, including checking account and credit card contracts. The rule was supposed to provide the opportunity for alternative legal recourse for harmed consumers against these financial companies, most importantly class action lawsuits. Financial companies and the Treasury Department claimed that the CFPB's own analysis demonstrated the rule's ineffectiveness and that the rule primarily benefitted trial lawyers. Consumer advocates and congressional Democrats supported the rule.
The day after the final rule was published, Rep. Keith Rothfus (R-PA) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. Five days later, the resolution passed the House, with votes along party lines. Senate Democrats staged a series of high-visibility press conferences in support of the rule, focusing on recent high-profile problems at Wells Fargo and Equifax. On October 24, 2017, the resolution narrowly passed the Senate, 51-50, with the vice president breaking the tie after two Republicans voted against it. On November 1, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Farmer Fair Practice Rule (Scope of Anti-Competitive Practices)
Agriculture
USDA
Repealed
23.10.2017
–
20.12.2016
18.10.2017
?
A rule clarifying that certain conduct by meatpackers and poultry dealers may violate the Packers and Stockyards Act without necessarily being anti-competitive.
The Farmer Fair Practice Rules address concerns about perceived anti-competitive behavior between contracted poultry growers and poultry dealers. In Terry v. Tyson Farms (2010), the Sixth Circuit Court of Appeals ruled that Tyson's decision to intentionally harm poultry contractor Alton Terry was legal and not anti-competitive because Terry was harmed by Tyson specifically, and not by the poultry industry as a whole. This interim final rule clarified that certain actions by poultry dealers would be considered violations of the Packers and Stockyards Act, even if the actions were not anti-competitive in nature, such as Tyson's.
Dental Mercury Waste Rule
Environmental
EPA
Unchanged
19.10.2017
22.10.2014
15.12.2016
14.07.2017
?
A rule addressing mercury waste discharged from dental offices into publicly owned wastewater treatment plants.
On October 22, 2014, the Environmental Protection Agency (EPA) proposed a dental mercury waste rule, which set new standards for the discharge of mercury from dental offices into municipal sewage treatment plants. EPA administrator Gina McCarthy signed the final rule on December 15, 2016, and an official draft was submitted for publication to the Federal Register, but was not published until June 14, 2017 due to deregulatory actions under the Trump administration (see recission).
20.01.2017
09.06.2017
–
?
Rescission
Recission of the Dental Mercury Waste rule.
Disclosure of Payments by Resource Extraction Issuers
Environmental
SEC
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule requiring resource extraction issuers to disclose information about payments made to the U.S. government or foreign governments for the purposes of commercial development of oil, natural gas, or minerals.
This rule mandated that resource extraction issuers disclose payments made to governments for the purposes of developing commercial oil, natural gas, or minerals. Advocates of the rule claimed that it prevented companies from bribing foreign governments and engaging in other forms of corruption. Detractors argued that the rule placed an excessive burden on U.S. companies.
On January 30, 2017, Rep. Bill Huizenga (R-MI) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 1, and passed the Senate on February 3. On February 14, 2017, the resolution was signed by President Trump and became law, nullifying the rule. This was the first successful use of the Congressional Review Act during the Trump administration to overrule a federal regulation.
Drug Tests for Unemployment Compensation
Labor
DoL
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule permitting states to conduct drug tests for unemployment compensation eligibility.
The Middle Class Tax Relief and Job Creation Act of 2012 amended the Social Security Act by permitting states to conduct drug tests for unemployment compensation eligibility if the applicant was fired for drug use or if the applicant's occupation regularly conducted drug testing. The drug tests for unemployment compensation rule established which occupations fell under this umbrella.
On January 30, 2017, Rep. Kevin Brady (R-TX) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 15, and passed the Senate on March 14. On March 31, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Fast-Tracking Small-Scale Natural Gas Exports
Environmental
DoE
In Effect
19.10.2017
01.09.2017
25.07.2018
24.08.2018
?
A rule expediting the applications approval process for small-scale U.S. exporters of natural gas to non-free trade agreement countries.
Prior to this rule, U.S. natural gas exporters had to apply to export to non-free trade agreement countries; the process includes a public interest review. The Department of Energy (DOE) published an advanced notice of proposed rulemaking on September 1, 2017. This “small-scale rule” lets smaller firms bypass the review if they 1) export 51.75 billion cubic feet per year or less, and 2) the proposed export qualifies for a categorical exclusion under the DOE's National Environmental Policy Act regulations. The rule was finalized July 25 and took effect August 24, 2018.
Federal Acquisition Regulation / Fair Pay and Safe Workplaces
Labor
DoD, GSA, NASA
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule to improve federal contractor compliance with labor laws.
On July 31, 2014, President Obama signed an executive order entitled "Fair Pay and Safe Workplaces." The order required federal contractors whose services exceeded $500,000 to certify their compliance with certain labor laws. On May 28, 2015, the Department of Labor (DoL) issued guidance for the implementation of the order. The comment period was extended twice, and on August 25, 2016, the final rule and guidance were issued.
On October 7, 2016, several parties seeking to overturn the final rule and withdraw the guidance filed suit in a U.S. District Court in Texas, following up with an emergency motion for a temporary restraining order and preliminary injunction on October 13, 2016. On October 24, 2016, the court granted the injunction, stating that the rule and guidance violated contractors' First Amendment rights by forcing them to publicly disclose various alleged labor law violations. On October 25, the Federal Acquisition Regulatory Council issued a memo directing that all steps necessary be taken to ensure the relevant parts of the rule were not implemented. On January 30, 2017, Rep. Virginia Foxx (R-NC) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 2, and passed the Senate on March 6. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Federal Home Loan Bank Capital Requirements
Financial
FHFA
In Rulemaking
19.10.2017
03.07.2017
–
–
?
A rule modifying regulation of capital risk requirements Federal Home Loan Banks.
Federal Home Loan Banks are government-sponsored banks that provide liquidity to member financial institutions to support housing finance and community investments. This rule would allow Federal Home Loan Banks to use internal rating methodologies rather than ratings issued by "nationally recognized statistical rating organizations."
Firearms Prohibition for the Mentally Disabled
Health
SSA
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule prohibiting the possession of firearms by the mentally ill.
The NICS Improvement Amendments Act of 2007 requires federal agencies to provide relevant records to the attorney general for inclusion in the National Instant Criminal Background Check System (NICS). This rule directed the Social Security Administration to identify individuals who receive disability insurance benefits or who receive benefits through a third party based on their mental impairment, and provide their information to the attorney general for inclusion in the NICS. The individuals would then be notified of their possible prohibition on possessing firearms, though they would be able to request relief from the prohibition. The rule was criticized by the National Rifle Association, the American Civil Liberties Union, and the National Association for Mental Health, among others.
On January 30, 2017, Rep. Sam Johnson (R-TX) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 2, and passed the Senate on February 15. On February 28, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Internet Privacy Rule
Telecom
FCC
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule requiring internet service providers to explicitly obtain customers' approval to use and share their information.
The Internet Privacy Rule required telecommunications carriers to explicitly obtain customers' approval to use and share sensitive and nonsensitive information. It also required that carriers not condition provision of service on the surrender of privacy rights, and that they obtain affirmative consent when offering financial incentives in exchange for the right to use customers' confidential information.
On March 7, 2017, Sen. Jeff Flake (R-AZ) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the Senate on March 23, and passed the House on March 28. On April 3, 2017, the resolution was signed by President Trump and became law, nullifying the rule. Brookings Visiting Fellow Tom Wheeler offered criticism of the move.
Mandatory Bundled Payments for Cardiac Care and Joint Replacement
Health
HHS
Repealed
19.10.2017
02.08.2016
03.01.2017
01.01.2018
?
A rule making bundling payments for certain cardiac care and joint replacement services mandatory for Medicare and Medicaid.
Under the fee-for-service program, Medicare makes separate payments to providers for patient services over the course of treatment. In July 2016, the Department of Health and Human Services (HHS) introduced mandatory bundling of payments for care for heart attacks and for cardiac bypass surgery, and an extension of the existing bundled payment model for hip replacements to other hip surgeries. The goal of bundling payments is to improve the quality of care provided to beneficiaries while reducing spending through financial accountability.
The mandatory bundling rule was finalized on January 3, 2017. Certain requirements were set to go into effect on February 18, 2017, and others on July 1, 2017. On February 21, 2017, the effective date for the requirements originally planned to go into effect on February 18 were delayed to March 21, 2017. On March 21, the provisions set to go into effect that day were further delayed to May 20, and those set to go into effect on July 1 were delayed to October 1. On May 19, 2017, several provisions were delayed to January 1, 2018.
17.08.2017
01.12.2017
01.01.2018
?
Rescission
Recission of Mandatory Bundled Payments rule.
On August 17, 2017, the Centers for Medicare and Medicaid Services (CMS) proposed a new rule canceling the mandatory bundling rule. Scholars at the Center for Health Policy at Brookings gave their thoughts on what the bundled payment program could look like under a Trump administration. On December 1, 2017, CMS finalized a rule rescinding the Obama-era rule.
National Emission Standards for the Manufacture of Amino/Phenolic Resins
Environmental
EPA
In Rulemaking
19.10.2017
24.08.2017
–
–
?
A rule revising the maximum achievable control technology standards for back-end continuous process vents at affected sources.
In October 2014, the Environmental Protection Agency (EPA) finalized amendments to the national emission standards for hazardous air pollutants (NESHAP) for the manufacture of amino/phenolic resins. Subsequently, the EPA received three petitions for reconsideration of the final rule. The EPA is requesting public comment on issues related to the maximum achievable control technology (MACT) standards for continuous process vents (CPVs) at existing affected sources.
Nursing Home Arbitration Requirements: Revision
Health
HHS
In Rulemaking
19.10.2017
08.06.2017
–
–
?
Revision of a rule barring long-term care facilities participating in Medicare and Medicaid from requiring prospective residents to sign binding arbitration agreements.
In October 2016, the Department of Health and Human Services (HHS) issued nursing home arbitration requirements, which revised requirements for long-term care facilities participating in Medicare and Medicaid. Recognizing that a fundamental problem affecting nursing home arbitration is the mental competency of the resident signing the contract, the Obama administration's rule barred long-term care facilities from forcing prospective residents to sign pre-dispute arbitration agreements as terms of acceptance. On November 7, 2016, the American Health Care Association complained that the ban was unlawful, and a federal court in Mississippi issued a preliminary injunction stopping the implementation. The Trump administration is now proposing to revise the requirements.
Oil , Gas, and Coal Lease Valuation Rule
Environmental
DoI
Repealed
19.10.2017
06.01.2015
01.07.2016
06.09.2017
?
A rule modifying the valuation process for oil, gas, and coal leases for the purpose of valuing royalties.
In July 2016, the Department of the Interior (DoI) issued a rule revising valuation methods for federal and Indian land leases for the purposes of oil, gas, and coal extraction. The rule grew out of White House concerns about undervaluation of federal lands, and sought to increase royalty payments on these lands.
04.04.2017
07.08.2017
06.09.2017
?
Rescission
Rescission of Oil, Gas, and Coal Lease Valuation rule.
On December 29, 2016, three petitions were filed in a U.S. District Court in Wyoming, alleging that certain provisions of rule were arbitrary and capricious. On February 27, 2017, the Trump administration issued an indefinite delay of the rule, pending judicial review. On March 28, 2017, President Trump issued an executive order seeking to reduce regulatory burdens related to energy production. In response to the order and in conjunction with concerns stemming from pending litigation, the Department of the Interior proposed to rescind the Obama administration's oil, gas, and coal lease valuation rule, which sought to increase royalties paid to the federal government by companies extracting resources on public lands. After an indefinite delay, the rule was rescinded on September 6, 2017.
Penalties for Violations of Fuel Efficiency Standards
Environmental
DoT
Delayed
19.10.2017
–
28.12.2016
12.07.2017
?
A rule clarifying fines paid by automakers for failing to meet fuel efficiency standards.
Corporate average fuel economy (CAFE) standards require vehicle manufacturers to achieve an average fuel efficiency over their fleet, or else pay a penalty. On July 5, 2016, the Department of Transportation (DoT) issued an interim final rule adjusting for inflation the maximum fine paid by automakers for failing to meet fuel efficiency standards. The penalty was raised from $5.50 per tenth of a mile per gallon per vehicle to $14 per tenth of a mile per gallon per vehicle. The increased penalty was set to go into effect on August 4, 2016, but the Auto Alliance and Global Automakers filed a complaint asserting that the penalty was retroactive, since significant planning for future model years occurs several years in advance. Thus, the DoT decided that the $14 fine would apply to model years 2019 and later. The DoT denied the automakers' petition in all other respects. The rule was set to go into effect on January 27, 2017, but on January 25, it was delayed until March 25, then again on March 27, then again on June 27. On July 12, 2017, the rule was delayed indefinitely, pending reconsideration. On August 1, 2017, the Auto Alliance and Global Automakers filed a complaint related to the penalty for failing to meet the corporate average fuel economy (CAFE) standards. In addition to concerns raised about applying the increased penalties retroactively, the automakers' petition argued that the fine of $14 per tenth of a mile per gallon per vehicle was too high, claiming that it created "negative economic impacts."
Persuader Rule
Financial
DoL
Repealed
19.10.2017
21.06.2011
24.03.2016
25.04.2016
?
A rule that expanded reporting requirement for interactions between labor relations consultants and employees.
The Persuader Rule expanded the scope of the reporting requirements for employers and their labor relations consultants who engage with employees about how to exercise their rights to union representation and collective bargaining. Previously, reporting was only required when a consultant communicated directly with employees. The rule went into effect on April 25, 2016, but on June 27, 2016, a federal court in Texas issued a preliminary injunction that temporarily blocked the rule from taking effect.
12.06.2017
17.07.2018
17.07.2018
?
Rescission
Rescission of a rule that expanded reporting requirement for interactions between labor relations consultants and employees.
On June 12, 2017, the Department of Labor (DoL) proposed to rescind the rule. On July 17, 2018, the DoL issued a press release finalizing the rescission.
Power Plant Water Pollution Rule
Environmental
EPA
Partially Effective
19.10.2017
07.06.2013
03.11.2015
18.09.2017
?
A rule regulating the amount of toxic pollutants discharged by steam electric power plants.
Among all industries regulated under the Clean Water Act, steam electric power plants contribute the greatest amount of toxic pollutants discharged to surface waters. The power plant water pollution rule establishes limits on the amount of toxic metals and other harmful pollutants that steam electric power plants are allowed to discharge into surface water. The rule was finalized on November 3, 2015.
On December 5, 2016, several industry representatives sued the Environmental Protection Agency (EPA) over the rule. In response to two petitions filed on March 24, 2017, EPA administrator Scott Pruitt announced that the EPA would reconsider the rule. On April 25, 2017, the EPA announced it would postpone certain compliance dates for the rule, noting that the rule was currently being challenged in court. In response, several environmental activist groups sued the EPA.
On June 6, 2017, the EPA proposed to postpone compliance dates for some of the more stringent portions rule dealing with flue-gas desulfurization wastewater and bottom ash transport waste, which both come from the burning of coal. Clean Water Action subsequently sued the EPA on July 28, 2017 for delaying the compliance dates.
On August 11, 2017, EPA administrator Pruitt sent a letter announcing that the EPA would conduct a new rulemaking to potentially revise the more stringent limitations of the rule. On September 18, 2017, the EPA announced it would postpone the effective dates for certain requirements by two years, and stated it is planning to undertake new rulemaking. On October 12, 2017, the Center for Biological Diversity announced its intent to sue the EPA for violating the Endangered Species Act by delaying the rule.
Predator Control Rule for National Wildlife Refuges in Alaska
Environmental
DoI
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule governing predator control for national wildlife refuges in Alaska.
The predator control rule sought to clarify the relationship between predator control and existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska. The rule became effective September 6, 2016. On February 7, 2017, Rep. Don Young (R-AK) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 16, and passed the Senate on March 21. On April 3, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Record of Injury Rule
Labor
DoL
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule clarifying the ongoing obligation of employers to maintain accurate records of work-related injuries.
The Record of Injury Rule clarified that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The rule added no new compliance obligations and did not require employers to make records of any injuries or illnesses for which records were not already required to be made.
On February 21, 2017, Rep. Bradley Byrne (R-AL) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on March 1, and passed the Senate on March 22. On April 3, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Resource Management Planning Rule
Environmental
DoI
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule enhancing efficiency and tranparency of resource management planning on public lands.
On January 30, 2017, Rep. Liz Cheney (R-WY) introduced a joint resolution of disapproval to nullify the resource management planning rule under the Congressional Review Act. The resolution passed the House on February 7, and passed the Senate on March 7. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Safe Harbor for State-Administered Retirement Savings Programs
Labor
DoL
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule allowing state governments to establish retirement savings programs for private sector employees.
The safe harbor regulations for state-administered retirement savings programs were written in response to legislation in some states to encourage private sector employees to save for retirement by giving them broader access to retirement savings arrangements through their employers. Some states had established state-administered programs to allow private sector employees to contribute salary withholdings to tax-favored retirement accounts, but had expressed concern that their payroll deduction savings programs might inadvertently trigger the Employee Retirement Income Security Act (ERISA).;ERISA's broad definition of "employee pension benefit plan" meant that it might be possible for an employer to inadvertently establish an ERISA plan simply by purchasing insurance products for employees. The safe harbor regulation helped states establish and operate payroll deduction savings programs in a manner that reduced the risk that ERISA would preempt their laws and programs.
On February 7, 2017, Rep. Tim Walberg (R-MI) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 15, and passed the Senate on May 3. On May 17, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Nullified by Congressional Review Act
Extended to Cities and Counties
Nullification of a rule allowing city and county governments to establish retirement savings programs for private sector employees.
The safe harbor regulations for state-administered retirement savings programs were finalized on August 30, 2017. The final regulation applied to state-sponsored retirement savings programs, and thus did not apply cities and counties. An amended rule finalized on December 20, 2016, extended safe harbor for cities and counties to establish retirement savings programs. On February 7, 2017, Rep. Francis Rooney (R-FL) introduced a joint resolution of disapproval to nullify the amended rule under the Congressional Review Act. The resolution passed the House on February 15, and passed the Senate on March 30. On April 13, 2017, the resolution was signed by President Trump and became law, nullifying the amended rule.
School Accountability Rule
Education
DoEd
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule enhancing public school accountability.
On December 10, 2015, President Obama signed the Every Student Succeeds Act (ESSA), which requires each state education agency to have an accountability system that is based on multiple indicators, including an indicator of school quality or student success. The School Accountability Rule provided clarity to schools as they implemented the new accountability requirements. On February 1, 2017, Rep. Todd Rokita (R-IN) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 7, and passed the Senate on March 9. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Shortening the Open Enrollment Period for 2018 for Obamacare Exchanges
Health
HHS
In Effect
19.10.2017
17.02.2017
18.04.2017
19.06.2017
?
A rule shortening the open enrollment period for 2018 for Obamacare exchanges from 3 months to 1.5 months.
The open enrollment period for Obamacare exchanges for 2018 was originally set at November 1, 2017 to January 31, 2018 (3 months). This rule shortened the open enrollment period from November 1, 2017 to December 15, 2017. Brookings Fellow Mathew Fiedler explained the potential impact of the new rule.
Stream Protection Rule
Environmental
DoI
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule to minimize the adverse effects of coal mining on streams and other water sources.
On July 16, 2015, the Department of the Interior (DoI) proposed the Stream Protection Rule, which required that land within 100 feet of a stream could not be disturbed by surface mining activities, including the dumping of mining waste. The regulatory impact analysis was published on November 16, 2016, and the final rule was published on December 20, 2016. The rule was set to go into effect on January 19, 2017, but on January 17, 2017, several coal-producing states filed suit in the D.C. District Court. On January 30, 2017, Rep. Bill Johnson (R-OH) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 1, and passed the Senate on February 2. On February 16, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Teacher Preparation Issues
Education
DoEd
Repealed
19.10.2017
Nullified by Congressional Review Act
Nullification of a rule defining how institutions of higher education must assess teacher preparation programs.
The Higher Education Act of 1965 requires states and institutions of higher education to report on various characteristics of their teacher preparation programs, including an assessment of program performance. This rule defined the indicators of quality that a state must use to assess the performance of its teacher preparation programs, and linked the assessments to eligibility for the federal TEACH grant program, which provides grants to eligible institutions to use for teacher preparation candidates who agree to serve as full-time teachers in high-need fields at low-income schools. The rule was finalized on October 31, 2016. On February 1, 2017, Rep. Brett Guthrie (R-KY) introduced a joint resolution of disapproval to nullify the rule under the Congressional Review Act. The resolution passed the House on February 7, and passed the Senate on March 8. On March 27, 2017, the resolution was signed by President Trump and became law, nullifying the rule.
Technical Support Documents on Implementing the "Social Cost of Carbon" for Regulatory Impact Analyses
Environmental
EOP
Repealed
19.10.2017
Technical support documents rescinded by president
Withdrawal of technical support documents on implementing the "social cost of carbon" for regulatory impact analyses.
The social cost of carbon is an estimate of the monetized damages caused by a one-ton increase in greenhouse gas emissions in a given year. On March 28, 2017, President Trump issued an executive order withdrawing several technical support documents related to implementing the social cost of carbon for regulatory impact analyses. The withdrawn documents were dated February 2010, May 2013, November 2013, July 2015, August 2016, and August 2016. The executive order states that, when monetizing the value of changes in greenhouse gas emissions resulting from regulations, agencies should instead follow earlier guidance from September 2003.
Test Procedures for Central Air Conditioners and Heat Pumps
Environmental
DoE
Partially Effective
19.10.2017
24.08.2016
05.01.2017
13.07.2017
?
A rule amending the test procedure for central air conditioners and heat pumps.
The Energy Policy and Conservation Act sets forth a variety of provisions designed to improve energy efficiency for a variety of consumer products, including central air conditioners and heat pumps. Manufacturers of air conditioners must certify to the Department of Energy (DoE) that their products comply with applicable energy conservation standards.
On January 2017, the DoE finalized a rule that amended its test procedure for central air conditioners and heat pumps. On March 3, 2017, air conditioner manufacturer Johnson Controls filed a petition for review of two elements of the rule, claiming that the proposed test procedures would produce inaccurate results of the true energy consumption characteristics for two of its models. On May 17, 2017, Johnson Controls filed a petition for a waiver from the applicable test procedure for its two models, which the DoE granted on June 2, 2017. On May 31, 2017, Johnson Controls requested that the DoE grant it an administrative stay pending judicial review by the Seventh U.S. Circuit Court of Appeals. On July 3, 2017, the court granted the request for an administrative stay, and the DoE postponed the effectiveness of certain provisions of the rule. On September 20, 2017, the DoE granted Johnson Controls' application for an interim waiver from testing for its two models.
Title IX Guidances on Transgender Student Rights
Education
DoEd
Repealed
19.10.2017
Guidances rescinded by secretary of education
Withdrawal of guidances concerning transgender student rights.
On December 15, 2014, Emily Prince, a regulatory lawyer and transgender activist, wrote a letter to the Department of Education (DoEd) regarding the treatment of transgender students under Title IX as it relates to bathroom usage. Title IX prohibits recipients of federal funds from discriminating on the basis of sex. On January 7, 2015, the DoEd replied to Ms. Prince, stating that the DoEd interprets Title IX as also prohibiting discriminating on the basis of gender identity, and that transgender students should be treated consistent with their gender identity for purposes of restroom access. On May 13, 2016, the DoEd published guidance summarizing schools' Title IX obligations regarding transgender students, stating, "A school must not treat a transgender student differently from the way it treats other students of the same gender identity."
On May 25, 2016, several states filed a complaint. On August 21, 2016, a district court in Texas issued a preliminary injunction, barring the DoEd from enforcing the guidance nationwide. On February 22, 2017, the DoEd issued new guidance withdrawing the statements of policy and guidance from the letter to Ms. Prince and the January 2015 Dear Colleague letter.
This tracker monitors a curated selection of deregulatory activity developed by experts in the Center on Regulation and Markets at Brookings. If you have questions or suggestions related to what deregulatory activity is or isn’t included, or feedback on the usability of the tracker itself, we’d love to hear from you! Email RegCenter@brookings.edu.
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