Unified Agenda Released

The Biden Administration has published its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions reporting on the actions administrative agencies plan to issue in the near and long term. Released by the Office of Information and Regulatory Affairs (OIRA), the agenda provides important public notice and transparency about proposed regulatory and deregulatory actions within the executive branch.

Proposed RFS Standards for 2023-2025, Final Standards for Site Remediation

The Environmental Protection Agency (EPA) is proposing new volume requirements for the Renewable Fuel Standard (RFS) for 2023 to 2025. The action also proposes a 2023 supplemental standard of 250 million gallons to address the remand of the 2016 rulemaking. Comments due February 10.

Additionally, EPA published a final rule with amendments to the national emission standards for hazardous air pollutants (NESHAP) for the site remediation source category, which removes several categories of exemptions to site remediation activities. Effective December 22, 2022.

Changes to Immigration Benefit Requests

The Department of Homeland Security (DHS) is proposing to increase certain fees with the aim to improve service levels and to offset its increased costs, caseload, and personnel. The proposal establishes distinct fees for petitions for nonimmigrant workers, adds new fee exemptions for certain humanitarian categories, and makes changes to certain other immigration benefit request requirements. Comments due March 6.

Prescription Requirements for Eyeglasses

The Federal Trade Commission (FTC) issued a proposed rule to amend the Ophthalmic Practice Rules to require that prescribers obtain a signed confirmation after releasing an eyeglass prescription to a patient. The agency also proposes to permit prescribers to comply with automatic prescription release via electronic delivery in certain circumstances. Comments due March 6.

Benchmarks for Affordable Multifamily Housing

The Federal Housing Finance Agency (FHFA) issued a final rule on the multifamily housing goals for Fannie Mae and Freddie Mac for 2023 and 2024. The rule introduces a new methodology for establishing benchmark levels for the percentage of affordable units in multifamily properties financed by mortgages purchased by the enterprises each year. Effective February 21.

Refunds of Alcohol Excise Tax

The Treasury Department and DHS issued an interim final rule transferring responsibility for administering refunds and tax credits on imported alcohol. Per the Taxpayer Certainty and Disaster Tax Relief Act of 2020, these responsibilities are shifting from the U.S. Customs and Border Protection to Treasury, effective January 1.

NRC’s Alternatives to the Use of Credit Ratings

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for approved financial assurance mechanisms for decommissioning, specifically for parent and self-company guarantees that require bond ratings issued by credit rating agencies. The proposed rule would implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 that directed agencies to remove requirements that rely on credit ratings. Comments due March 20.

Extending Comment Period for Transportation Cyber Risk Management

The Transportation Security Administration (TSA) is extending the comment period for an advance notice of proposed rulemaking seeking input regarding ways to strengthen cybersecurity and resiliency in the pipeline and rail sectors. Comments now due February 1.