Agency Rulemaking Highlights

Notable Actions

Revised Definition of “Waters of the United States”

The Environmental Protection Agency (EPA) and the Army Corps of Engineers issued a final rule defining the scope of waters protected under the Clean Water Act. The new rule primarily takes on the inherent difficulties of defining precise bounds to regulable waters and establishes limits to draw the boundary of waters subject to federal protection. Effective March 20.

Emergent Suicide Care

The Department of Veterans Affairs (VA) issued an interim final rule amending its medical regulations to implement section 201 of the Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020, which directs VA to furnish, reimburse, and pay for emergent suicide care for certain individuals. Effective March 20.

Partnerships With Faith-Based and Neighborhood Organizations

A substantial group of agencies issued a Notice of Proposed Rulemaking to amend their regulations to clarify protections for beneficiaries receiving federally funded social services and the rights and obligations of organizations providing such services. In accordance with the establishment of the White House Office of Faith-Based and Neighborhood Partnerships, the clarification aims to promote maximum participation by beneficiaries and providers in the agencies' covered programs and activities and ensure consistency in their implementation. Comments due March 14.

Safety Management Systems

The Federal Aviation Administration (FAA) issued a Notice of Proposed Rulemaking to update and expand the requirements for safety management systems (SMS) and require certain certificate holders and commercial air tour operators to develop and implement an SMS. Comments due March 13.

Location-Based Routing for Wireless 911 Calls

The Federal Communications Commission (FCC) is proposing rules to more precisely route wireless 911 calls and texts to Public Safety Answering Points (PSAPs), which can result in faster response times during emergencies. The proposal would require wireless providers to deploy technology that supports location-based routing for precise information about the location of the wireless caller's device. Comments due March 20.

Expansion of Generic Label Approval

The U.S. Department of Agriculture (USDA) issued a final rule that expands the circumstances under which it will generically approve the labels of meat, poultry, and egg products submitted to its Food Safety and Inspection Service (FSIS). USDA also announced revised guidelines on the types of labels that must be submitted to FSIS for approval. Effective March 20.