Search Results for keywords:"Administrative Procedure Act"

The Department of Veterans Affairs (VA) has temporarily delayed the effective date of their rule on Prosthetic and Rehabilitative Items and Services originally set for January 27, 2021. The rule will now take effect on February 26, 2021, to allow VA officials additional time to review the regulations, following a directive from the Presidential memorandum issued on January 20, 2021, calling for a regulatory freeze pending review. This action, which includes no public comment period, is based on the good cause exception to provide time for the new administration to evaluate the policy implications of the rule without delaying the delivery of services unnecessarily.

The Department of Health and Human Services has rescinded the Richardson Waiver, a policy that required following certain rule-making procedures beyond what the Administrative Procedure Act (APA) mandates for matters like public property, loans, grants, benefits, or contracts. The department will now align strictly with the APA, which generally exempts these matters from notice and comment procedures unless law requires otherwise. The Richardson Waiver imposed extra burdens that conflicted with the efficient operation of the department. Effective immediately, the department has more flexibility to issue rules without the previous procedural obligations.

The Financial Crimes Enforcement Network (FinCEN), part of the Treasury Department, issued a final rule to adjust certain civil monetary penalties based on inflation, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990. These adjustments are calculated using a specific formula that considers changes in consumer prices, and the updated penalties will apply to violations occurring after the adjustments take effect. This rule does not require public notice or comments, as the changes are mandated by law and involve no new administrative procedures.

The Drug Enforcement Administration (DEA) issued an Order to Show Cause to Linwood A. Starks, D.V.M., proposing to revoke his Certificate of Registration because he is not authorized to handle controlled substances in Texas due to the suspension of his veterinary license. Starks requested a hearing but failed to respond to the allegations, leading to a termination of proceedings and his default. As a result, the DEA Administrator decided to revoke his registration and deny any future applications, as maintaining a DEA registration requires state authorization to handle controlled substances. This decision takes effect on April 21, 2025.

The U.S. Fish and Wildlife Service is delaying the effective date of a rule concerning the critical habitat of the northern spotted owl until April 30, 2021. This decision allows for further review due to concerns about legal and procedural issues with the rulemaking process, as well as significant changes in habitat exclusions made in the final rule. During this delay, the Service is opening a 30-day comment period for public input on the issues raised by the rule and whether an additional delay is necessary. The postponement is also intended to avoid possible legal challenges and to ensure compliance with the Endangered Species Act.

The Federal Maritime Commission issued a final rule to adjust for inflation the civil monetary penalties they assess, following the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This rule requires agencies to announce these adjustments by January 15 every year and is based on changes in the consumer price index. The adjustment process is not required to follow certain procedural steps like public notice or comment, and the rule will not have significant economic impacts. Additionally, the rule doesn’t involve any new collection of information from the public.

The Commodity Futures Trading Commission (CFTC) has issued a final rule to adjust the maximum amount of civil monetary penalties (CMPs) for inflation under the Commodity Exchange Act (CEA). This annual adjustment is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, and ensures that penalties maintain their deterrent effect over time. The rule applies to penalties assessed after January 15, 2021, and is based on the percentage change in the Consumer Price Index. This adjustment process is exempt from the typical notice and comment procedures under the Administrative Procedure Act.