Agency Rulemaking Highlights

Editor's Note: Keep in mind the approaching June 6 deadline for submitting comments for the draft OMB Circular A-4: Regulatory Analysis. Use this link to submit a comment.

Comments on proposed revisions to Circular A-94 are also due the same day. Submit a comment here.

Notable Actions

Gainful Employment and Postsecondary Education

The Department of Education proposed new regulations to promote transparency, competence, stability, and effective outcomes for students in the provision of postsecondary education. The proposal seeks to improve regulatory oversight in the areas of gainful employment, financial value transparency, financial responsibility, administrative capability, certification procedures, and serving students without a high school diploma. Comments due June 20.

Disposal of Coal Combustion Residuals

The Environmental Protection Agency (EPA) proposed regulatory requirements for inactive (or legacy) coal combustion residuals (CCR) surface impoundments. EPA is also proposing groundwater monitoring, corrective action, closure, and post-closure care requirements for all CCR management units, regardless of how or when that CCR was placed, at regulated CCR facilities. Comments due July 17.

Greenhouse Gas Reporting

EPA issued a supplemental proposal to provisions in the Greenhouse Gas Reporting Rule related to a wide variety of Clean Air Act provisions. Specifically, EPA is proposing updates to reflect revised global warming potentials, requirements for reporting of greenhouse gas data from additional sectors, updates to emissions calculation methodologies, revisions to reporting requirements for verifying reported data, and amendments to confidentiality determinations for the reporting of certain data elements. Comments due July 21.

Systemic Risk Determination Assessments

The Federal Deposit Insurance Corporation (FDIC) issued a proposal that would impose special assessments to recover the loss to the Deposit Insurance Fund arising from the protection of uninsured depositors in connection with the systemic risk determination announced in March 2023 following the closures of Silicon Valley Bank and Signature Bank. FDIC is proposing an effective date of January 1, 2024, with special assessments collected beginning with the first quarterly assessment period of 2024. Comments due July 21.

Gas Pipeline Leak Detection and Repair

The Pipeline and Hazardous Materials Safety Administration is proposing amendments to implement congressional mandates to reduce methane emissions from new and existing gas transmission pipelines, distribution pipelines, and natural gas storage facilities. The amendments aim to strengthen leakage survey and patrolling requirements, performance standards for leak detection, and requirements for mitigation of emissions from blowdowns. Comments due July 17.

Vetting Surface Transportation Employees

The Transportation Security Administration (TSA) is proposing a regulation to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 that require security vetting of certain public transportation, railroad, and some bus operators. TSA proposes to require some transportation employees to undergo a Level 2 or Level 3 security threat assessment to determine whether the applicant may pose a security threat. TSA also proposes an appeal and waiver process, as well as user fees to recover TSA’s costs for vetting. Comments due August 21.

Aram A. Gavoor: A Tale of Two AI Futures

Randolph May: Chevron's Demise Would Check the Administrative State's Expansion

Armstrong Williams: Remembering the legendary C. Boyden Gray

James Broughel: Don't give federal agencies carte blanche on regulations—make Congress vote

Clay Bolt: Under the EPA's watch, unchecked insecticides are causing another 'Silent Spring'

Mike Brown: Solutions in search of problems—USDA's unnecessary intrusion into chicken industry

Arpit Guputa and Stijn Van Nieuwerburgh: The real estate industry is at risk. Here's how to soften the blow

Danielle Allen: The next level of AI is approaching. Our democracy isn't ready

Steve Forbes: Why It's "Bad News" For Government To Regulate Artificial Intelligence

Parmy Olson: Sam Altman Isn't the Answer to Regulating Artificial Intelligence

Preston Cooper: What’s In A New Regulation Targeting For-Profit Colleges, Trade Schools

Financial Markets & Housing

• Fed's Michelle Bowman Warns Against Broad Overhaul of Banking Rules, Wall Street Journal
• Bank Runs Trash Long-Held Assumption on Deposits, Wall Street Journal
• Regulators Rebut Claims by Silicon Valley Bank's Ex-C.E.O., New York Times
• Debt ceiling talks grind on, but Republicans say there's a 'lack of urgency' from White House, Washington Post
• Blockchain quietly decouples from crypto's woes, Axios
• Warren Blasts Regulators Over First Republic Sale to JPMorgan, Bloomberg
• Top US Bank Regulators Promise Fast Action on Executive Bonuses and Pay, Bloomberg
• Crypto sector gets its first set of global rules from watchdog, Reuters
• Fed's Bowman backs 'targeted' bank rules reform but not 'radical' change, Reuters

Energy & Environment

• E.P.A. Announces Crackdown on Toxic Coal Ash From Landfills, New York Times
• Senate Democrats enter permitting fray with proposal focused on climate, electricity and environmental impacts, The Hill
• Biden seeks to tighten regulation of toxic power plant coal waste dumps, Washington Post
• Global Temperatures Could Soon Briefly Breach Climate Threshold, Scientists Warn, Washington Post
• CO2 pipeline opponents seek federal moratorium, Axios
• Exclusive: California seeks EPA approval to ban sales of new gasoline-only vehicles by 2035, Reuters
• Dominic Waughray: 'We need to unleash innovation in cutting CO2 emissions with products and services', Reuters
• The U.S. is expanding CO2 pipelines. One poisoned town wants you to know its story, NPR

Health & Safety

• The Uneasy Birth of Horse Racing's National Regulator, Wall Street Journal
• Dozens of Car Models Tied to Potentially Explosive Air-Bag Part, WSJ Finds, Wall Street Journal
• Drug price caps in Inflation Reduction Act exacerbating shortages, Gottlieb says, The Hill
• Biden administration urges Congress to pass GOP-led fentanyl bill, Axios
• Car seats and baby formula are regulated. Is social media next?, Associated Press
• Appeals court deals legal setback to Biden administration in gun stabilizing brace case, Associated Press
• DHS Releases its First Body Worn Camera Policy, Government Executive
• Federal Labor Law Applies to Civilian Technicians in State National Guards, Supreme Court Affirms, Government Executive
• Social media can put young people in danger, U.S. surgeon general warns, NPR
• What exactly is organic food? USDA wants to make sure everyone follows the rules, Federal News Network

Business & Technology

• Risks Posed by AI Technology Spur Calls for New Regulatory Agency, Wall Street Journal
• Technology Was Supposed to Transform Insurance Pricing. It Hasn't., Wall Street Journal
• Facebook Parent Meta Agrees to Sell Giphy for $53 Million on Regulator's Order, Wall Street Journal
• Meta Fined $1.3 Billion for Violating E.U. Data Privacy Rules, New York Times
• An A.I.-Generated Spoof Rattles the Markets, New York Times
• Supreme Court punts Section 230 debate back to Congress, The Hill
• Colorado senator proposes special regulator for Big Tech and AI, The Hill
• Generative AI tools like ChatGPT could test bounds of tech liability shield, The Hill
• The debate over whether AI will destroy us is dividing Silicon Valley, Washington Post
• Bipartisan Senate group looks to tackle AI legislation, Axios
• ChatGPT chief says artificial intelligence should be regulated by a US or global agency, Associated Press
• OpenAI is exploring collective decisions on AI, like Wikipedia entries, Reuters
• Congress ponders regulation of powerful emergent A.I. platforms, NPR

Transportation & Infrastructure

• Airlines and F.A.A. Try to Head Off Summer Travel Meltdowns, New York Times
• White House airline passenger compensation plan 'bad policy,' United CEO says, The Hill
• Top Postal Regulator Calls for Expanded Reach Amid Feud With DeJoy, Government Executive
• DeJoy says USPS regulator's network consolidation probe puts financial targets in 'jeopardy', Federal News Network