January 8, 2025

Adding PFAS to Toxics Release Inventory

The Environmental Protection Agency issued a final rule updating the list of per- and polyfluoroalkyl (PFAS) substances subject to toxic chemical release reporting.  The updated list includes nine new PFAS substances that must be reported in accordance with the National Defense Authorization Act (NDAA). Effective February 5.

Unmanned Aircraft System Transactions

The Department of Commerce (DoC) issued an advance notice of proposed rulemaking (ANPRM) to address the undue or unacceptable risks posed by certain transactions involving unmanned aircraft systems from a select group of foreign adversary nations.The ANPRM will assist DoC in identifying which technologies should be covered under the regulations. Comments due March 4.

America’s Cybersecurity Workforce

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing to modify the Federal Acquisition Regulation rules to align with Executive Order (EO) 13870. EO 13870 requires federal agencies that employ cybersecurity staff to adopt the National Initiative for Cybersecurity Education framework in the skill requirements during the recruitment and contracting of IT support and cybersecurity professionals. Comments due March 4.

Energy Conservation Standards

The Department of Energy (DOE) issued two final rules adopting amended energy conservation standards for walk-in coolers and walk-in freezers and gas-fired instantaneous water heaters.

DOE also issued a final rule to confirm the withdrawal of “short-cycle” product classes for dishwashers, residential clothes washers, and consumer clothes dryers in its January 19, 2022 final rule. DOE reconsidered this matter and confirmed the withdrawal in light of the Fifth Circuit granting a petition for review and remanding the matter to DOE for further proceedings. The 2022 final rule is effective January 19, 2022.

Food Labeling

The Food and Drug Administration issued a final rule that updates the requirements for when a food product can be labeled as “healthy.” It also updates the definition of “healthy” to conform with current nutrition science and the Dietary Guidelines for Americans. Effective February 25.

HIPAA Security Rule

The Department of Health and Human Services issued a proposed rule seeking comment on the department’s proposal to modify security standards for electronic protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The rule would revise current regulations to address changes in the environment in which health care is provided, increases in cyberattacks, and other cybersecurity guidelines and best practices. Comments due March 7. 

Motor Vehicle Safety Standards

The National Highway Traffic Safety Administration (NHTSA) issued two final rules regarding the Federal Motor Vehicle Safety Standards (FMVSS). One rule amends the FMVSS for occupant crash protection to require a seat belt use warning sign for rear seats. The rule also enhances the current seat belt warning requirements for the driver’s seat belt and additionally applies those requirements to the front passenger seat. Effective March 4. 

NHTSA issued a final rule amending the FMVSS for child restraint systems to improve ease-of-use for child restraint system (CRS) anchor points, improve use of CRSs in vehicles, and maintain or improve the correct use and effectiveness of CRSs in motor vehicles. Effective March 20.

Use of Electronic Payroll Data in Program Administration

The Social Security Administration issued a final rule updating its procedures for accessing and using information held by payroll data providers to administer the Old-Age, Survivors, and Disability Insurance program and the Supplemental Security Income program more efficiently and prevent improper payments. Effective March 3.