Search Results for keywords:"Administrative Procedure Act"

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.

The Federal Open Market Committee has updated its internal rules to use gender-neutral terms. Previously, they used "Chairman" and "Vice Chairman," but now they will use "Chair" and "Vice Chair." This amendment aligns their language with current practice. This change is internal and doesn't require public notice or comment.

The Surface Transportation Board has issued a final rule to adjust civil monetary penalties for inflation, as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This rule is effective from January 14, 2021, and the adjustments are based on changes in the Consumer Price Index. The decision to implement this without a public comment period is due to the lack of discretion allowed by Congress in setting penalty levels, which are determined by a statutory formula. The rule does not impose any new information collection requirements.

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 State issued a final rule to update the civil monetary penalties (CMP) it imposes due to inflation, following guidance from the Office of Management and Budget. This adjustment is based on the Federal Civil Penalties Inflation Adjustment Act and requires annual modifications. The new penalties will affect various parts of the department's regulations, such as fraud, chemical weapons, arms exports, and lobbying activities and will apply to offenses assessed from February 2, 2021, onward.

The Drug Enforcement Administration (DEA) has decided to revoke William Needham's Certificate of Registration to handle controlled substances in Mississippi. This decision was made because Needham is no longer authorized to practice nursing in Mississippi after his nursing licenses were revoked. The DEA issued an Order to Show Cause, but Needham did not respond, which led to a default judgment against him. Consequently, without a state license, he cannot legally dispense controlled substances and will not have his DEA registration or any related applications renewed.

The Drug Enforcement Administration (DEA) issued an Order to Show Cause to Laura M. Bellew, a nurse practitioner from New Mexico, proposing to revoke her DEA registration because she no longer has the authority to handle controlled substances in New Mexico. This is because her nursing licenses were suspended by the New Mexico State Board of Nursing in January 2023. Bellew did not request a hearing to contest the charges, effectively admitting the DEA's allegations. As a result, the DEA decided to revoke her registration and deny any pending applications related to controlled substances in New Mexico.

The U.S. Department of Commerce is updating the regulations related to antidumping and countervailing duties, which are meant to address unfair trade practices. The updates involve changes to various annexes that outline procedures for enforcing these trade laws, including new guidance and updated timelines. These changes are part of ongoing efforts to enhance the administration of these laws, and given their procedural nature, they don't require public input or comment. This final rule takes effect on December 19, 2024.