Agency: Department of Veterans Affairs

Formal Name: Elimination of Requirements for Prior Signature Consent and Pre- and Post- Test Counseling for HIV Testing

At Issue: Legislation in 2008 repealed provisions that required the Department of Veterans Affairs to obtain written consent before testing a patient for HIV, and to provide pre- and post-test counseling. But because Congress did not explicitly abrogate those requirements, they remain in effect. Through the rulemaking process, the agency now seeks to eliminate the written consent policy — as was recommended generally by the Centers for Disease Control in 2006 — and counseling requirements. The agency argues that these steps impede the testing process, delay diagnosis and heighten the risk of spreading HIV, all of which are contrary to the nation’s public health goals of curbing the disease. The VA also points out that other routine testing it administers requires only oral consent.

RIN: 2900-AN20

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7018

Agency: Department of the Treasury

Formal Name: Global Terrorism Sanctions Regulations; Terrorism Sanctions Regulations; Foreign Terrorist Organizations Sanctions Regulations

At Issue: The Office of Foreign Assets Control has expanded the scope of programs that authorize U.S. attorneys to offer specified legal services to individuals whose assets have been blocked by terrorism sanctions regulations and who are detained within the jurisdiction of the United States, and to be reimbursed for the services. The legal services approved by the agency include fighting the detention, the charges for which the client had been detained and the sanctions imposed under the regulations. Because this rule affects only foreign individuals, the agency states in the rule, it was not made available for public comment. It was finalized and made effective on Dec. 23, 2008.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7017

Agency: Securities and Exchange Commission

Formal Name: The Securities and Exchange Commission is proposing to increase its fees to produce records under the Freedom of Information Act. Depending on the seniority level of the employee retrieving the records, hourly processing fees would range from $26 to $70. Currently, the cost ranges from $16 to $28 per hour.

At Issue: The Securities and Exchange Commission is proposing to increase its fees to produce records under the Freedom of Information Act. Depending on the seniority level of the employee retrieving the records, hourly processing fees would range from $26 to $70. Currently, the cost ranges from $16 to $28 per hour.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7177

Agency: Department of Agriculture

Formal Name: Verification of Eligibility for Free and Reduced Price Meals in the National School Lunch and School Breakfast Programs

At Issue: This rule lays out the process for determining whether a child is eligible to receive free or reduced price meals under the National School Lunch Program and the School Breakfast Program. Provisions implemented by this rule include “direct verification” alternatives to allow a school to verify a child’s eligibility and the information on an application by contacting other needs-based programs, such as the Temporary Assistance to Needy Families program, rather than contacting the family directly to request documentation. This should help reduce duplicated efforts and speed up verification. The agency published this as an interim final rule on Dec. 18, 2008, without a notice of proposed rulemaking or offering a public review period. However, there is a 90-day comment period in effect now, and revisions may be made before the rule sheds its “interim” status.To submit a comment, click here.

RIN: 0584-AD61

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6873

Agency: Department of Homeland Security

Formal Name: Documents and Receipts Acceptable for Employment Eligibility Verification

At Issue: Citizenship and Immigration Services published an interim final rule on Dec. 17, 2008, that prohibits the use of expired documents when verifying whether a potential employee is eligible to work in the United States, among other changes. The rule will go into effect on Feb. 2, 2009. The draft form of this rule was not available for public review or comment, but the agency is now accepting comments until Feb. 2, 2009, which it will consider before promulgating a final rule. The agency cited a 1998 notice of proposed rulemaking that also proposed eliminated expired forms of identification from the list of acceptable documents and allowed for public comment as its justification for not doing so this time around. (The 1998 rule was not finalized.) It also argued that it is in the public interest to have this rule go into effect as quickly as possible so that the Department of Homeland Security can "stay ahead" of document counterfeiters.

RIN: 1615-AB69

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6876

Agency: Department of Homeland Security

Formal Name: (1) Privacy Act of 1974: Implementation of Exemptions; Immigration and Customs Enforcement Search, Arrest, and Seizure Records; (2) Privacy Act of 1974: Implementation of Exemptions; United States Immigration and Customs Enforcement Confidential and Other Sources of Information; (3) Privacy Act of 1974: Implementation of Exemptions; United States Immigration and Customs Enforcement Law Enforcement Support Center Alien Criminal Response Information Management System; (4) Privacy Act of 1974: Implementation of Exemptions; U.S. Immigration and Customs Enforcement Intelligence Records System (IIRS)

At Issue: On Dec. 9, 2008, the Department of Homeland Security published four proposed rules to implement exemptions permitted under the Privacy Act of 1974. The act requires agencies to maintain a degree of transparency and accessibility by publishing in the Federal Register a description of the types of records they maintain and how these records are used. (For example, under the act an individual may be granted access to any personal records maintained by a particular agency.) An agency wanting to promulgate an exemption must first issue a Notice of Proposed Rulemaking. In this instance, Homeland Security is claiming exemptions for some Immigration and Customs Enforcement records that fall under these categories: search, arrest and seizure records; records that pertain to confidential sources and intelligence; and records that are a part of an information system for immigration status and criminality. According to DHS, these exemptions are necessary to ensure investigations are not compromised and that classified information and confidential sources are adequately protected. But these exemptions may restrict public access to the records of anyone who has been detained or investigated by the agency, possibly removing the layer of protection transparency can offer.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7013

Agency: Department of Energy

Formal Name: Energy Department Revises Its Freedom of Information Act Policy

At Issue: The Energy Department is proposing to amend its procedure for releasing documents under the Freedom of Information Act, and to raise its rate for reproduction of documents to 20 cents per page for both paper-to-paper copies and for microform-to-paper copies. Currently, the price is 5 cents and 10 cents per page, respectively. The agency also refers to other changes that will appear in the final rule, but will not be made available for public review and comment. Of particular concern is the proposed elimination of the “public interest” balancing test. This provision, the agency states in the rule, requires the agency to release documents otherwise legally exempt under FOIA and creates an administrative burden for employees. Moreover, the DOE says removing the test will not affect the decision to withhold information; it will only eliminate an onerous step in the FOIA process. As for that price increase? The DOE points out that other cabinet departments charge that much, too.

RIN: 1901-AA32

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6874

Agency: Environmental Protection Agency

Formal Name: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory Definition of "Navigable Waters"

At Issue: The Clean Water Act forbids the discharge of oil in "harmful quantities" into navigable waters — but what qualifies as navigable has been a slippery subject. In March, the U.S. District Court for the District of Columbia overturned revisions made in 2002 to the definition, and restored it to its 1973 iteration. The Environmental Protection Agency returns now to set in cement the 1973 definition, which excludes from protection some marshes, streams and other small or seasonally-affected bodies of water. Among the other controversies surrounding this rule is the agency's decision to cite "good cause" under the Administrative Procedures Act to issue an immediately effective final rule without a public comment period. This rule, critics say, is one of several blows to the Clean Water Act during the Bush administration. We listed another rule that offered guidance on jurisdiction of navigable waters in our Midnight Regulation chart.

RIN: 2050-AG48

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6718

Agency: Department of the Interior

Formal Name: Special Regulations; Areas of the National Park System

At Issue: A late-night rule change by the Clinton administration banned the use of snowmobiles in Yellowstone National Park, Grand Teton National Park and the John D. Rockefeller Jr. Memorial Parkway, but the Bush administration delayed implementation. A 2004 court decision vacated the Clinton rule, and the Bush administration promulgated a temporary rule while a final plan was drafted. In 2007, the Interior Department issued a new rule for the use of snowmobiles, capping the number allowed at 540 per day. This rule was challenged by many environmental groups and ultimately thrown out by the court in September 2008. A Wyoming court order in November reinstated the 2004 temporary rule for the three parks, which allows 720 snowmobiles per day for Yellowstone and 140 for the other two. All snowmobiles are subject to air emissions and sound requirements. The latest proposed rule will continue to allow snowmobiles, but lowers the daily cap for Yellowstone National Park to 318. The department argues that this number is well below the threshold for what would cause an adverse environmental impact. Critics, including more than 80 members of Congress from both sides of the aisle, believe snowmobile use should be prohibited, and point to the agency’s own studies that indicate a negative impact on the health and safety of visitors and wildlife.

RIN: 1024-AD73

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6881

Agency: Department of Agriculture

Formal Name: Habitat Planning and Evaluation, Bighorn Sheep vs Domestic Sheep

At Issue: The Agriculture Department has stepped in with a directive for managing bighorn sheep when the potential exists for interaction with domestic sheep, which can introduce disease to an already fragile bighorn sheep population. The new policy calls for all bighorn sheep to be quarantined and tested for disease before they can be relocated across state lines; the wild sheep are moved by state wildlife agencies as a protective measure. Western environmentalists and state wildlife managers have cried out against the rule. The states, not the federal government, should have jurisdiction over the management of the wild sheep, they say. The agency argues that the states’ current protocol is not effective – diseases continue to crop up among the wild sheep. State officials fear the USDA’s plan will significantly slow down the relocation process, and fear the extended captivity would harm the sheep’s health. They have also criticized the rule for being “industry friendly.” Ranchers say there is no scientific evidence that domesticated sheep are the cause of disease among bighorns, and have expressed hope the federal policy will slow down relocation efforts and leave more open space for domestic sheep.

RIN: 0596-AC72

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6899

Agency: Department of the Interior

Formal Name: Endangered and Threatened Wildlife and Plants; Designating the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment (DPS) and Delisting This DPS

At Issue: In February 2008, the U.S. Fish and Wildlife Service issued a rule removing from the federal list of Endangered and Threatened Wildlife the population of gray wolves that live in the Northern Rocky Mountains. This rule was challenged by a number of conservation groups before the U.S. District Court for the District of Columbia, and ultimately vacated by the U.S. District Court for the District of Montana upon request by the Fish and Wildlife Service. On Oct. 28, 2008, the agency reopened the comment period for its initial rule and agreed to reconsider delisting the gray wolf. Though there were indications from an FWS official that the gray wolf would once again be delisted before the end of the year, the agency has not yet finalized a new rule.

RIN: 1018-AW37

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7012

Agency: Department of Labor

Formal Name: Protecting Privacy of Workers on Payroll Report Forms Under the Davis-Bacon and Related Act

At Issue: The Department of Labor issued a final rule on Dec. 19, 2008, intended to protect the privacy of employees who work under on construction projects covered under the Davis-Bacon and Related Acts and the Copeland Anti-Kickback Act by reducing the reporting requirements. Specifically, contractors are no longer required to include home addresses and complete Social Security numbers when submitting payroll information to the government. The agency received a number of comments in opposition to this rule, including concerns that if this information is unavailable to contractors, it could open the door to the underpayment of wages or lead to the misclassification of workers or illegal kickbacks. This rule goes into effect on Jan 18.

RIN: 1215-AB67

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7335

Agency: Environmental Protection Agency

Formal Name: Drinking Water: Preliminary Regulatory Determination on Perchlorate

At Issue: Perchlorate is a chemical component of rocket fuel that can contaminate water both naturally and, more frequently, through improper disposal at rocket test sites, military bases and chemical plants. Cleaning it up would cost billions of dollars. But the contaminant has been linked to thyroid problems in young children, pregnant woman and newborns, leaving critics concerned for the developmental health of those most vulnerable to the chemical's effects.

RIN: 2040–ZA02

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5844

Agency: Department of the Interior: Bureau of Land Management

Formal Name: Land Withdrawals; Removal of Regulations Covering Emergency Withdrawals

At Issue: The Bureau of Land Management proposed a rule that would prevent Congress from slowing a flood of uranium mining permits being issued near the Grand Canyon.

RIN: 1004-AE05

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5762

Agency: Department of Agriculture

Formal Name: Introduction of Organisms and Products Altered or Produced Through Genetic Engineering

At Issue: The Dept. of Agriculture seeks to revise the current regulations for the transportation, implementation and environmental release of genetically engineered plants and other organisms. The new regulations would better conform to the guidelines of the Plant Protection Act, which seeks to, among other goals, combat the risk that noxious weeds and other plant pests could be introduced into the environment and spread. The revisions are the first significant ones to the regulations since 1987, and take into account technological advances in genetic engineering. Proposed changes include allowing a designated person "responsible" for a particular genetically engineered organism to determine whether it poses a risk to the environment and needs regulation; modifications to the information required on permit applications; and a new procedure that would allow the Animal and Plant Health Inspection Service to approve conditional exemptions for permits when crossing state lines with genetically engineered plants rather than using notice and comment rulemaking for individual exemptions. The Center for Food Safety criticized the agency for failing to draft a rule that would better protect the health of the public and the environment.

RIN: 0579-AC31

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6225

Agency: Department of Transportation

Formal Name: FMVSS No. 218, Motorcycle Helmets Upgrade

At Issue: The National Highway Traffic Safety Administration is proposing significant improvements to the safety requirements of motorcycle helmets. Also in the rule are provisions to aid state and local police enforce compliance with NHTSA requirements, including the clamping down on helmets that do not actually have the NHTSA safety seal of approval (though they may appear to), known as novelty helmets. But the American Association for Justice, a trial lawyers group, is not quite so enthusiastic about language included that pre-empts state tort law. This clause, the group says, would prevent consumers from suing helmet manufacturers who have met NHTSA's minimum safety standards.

RIN: 2127-AK15

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6590

Agency: Food and Drug Administration

Formal Name: Guidance for Industry: Regulation of Genetically Engineered Animals Containing Heritable rDNA Constructs

At Issue: The draft guidelines proposed by FDA establish an approval process for the marketing of genetically modified meat and animal products--examples include farmed salmon engineered to grow faster and pigs with modified genes that make their manure more environmentally friendly. Under the new regulations, animals that have been genetically modified must obtain agency approval before commercialization -- much like a new drug. But this rigorous review would largely take place behind closed doors and not all genetically engineered modified food would carry labels disclosing its origins, and critics say consumers deserve more information about the food they eat.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6230

Agency: Department of Transportation

Formal Name: Miscellaneous Amendments to the Federal Railroad Administration's Accident/Incident Reporting Requirements

At Issue: The Federal Railroad Administration seeks to revise current regulations on reporting accidents. Its modifications, the agency says, would resolve ambiguities and better ensure the integrity of information made available for analysis of railroad casualties. It would also allow for the collection of suicide data. This rule contains pre-emptive language saying that, with respect to certain railroad safety matters, FRA's authority will continue to supersede that of the Occupational Safety and Health Administration. The adoption of these regulations would also continue to pre-empt states from imposing their own accident and incident reporting requirements.

RIN: 2130-AB82

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6600

Agency: Department of Labor

Formal Name: Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance

At Issue: The Mine Safety and Health Administration has proposed amendments to the existing guidelines prohibiting the use and possession of drugs and alcohol by mine employees in "safety sensitive" positions while on mine property. The new rule would also expand the number of miners who would be subject to drug testing. Those who fail would be removed from their "safety sensitive" job duties until they complete the recommended drug or alcohol rehabilitation, and would be required to take a drug test upon their return to duty. The MSHA believes its new regulation will help improve mine safety. But mine operators and industry groups contend it will weaken employer-implemented anti-drug policies. Some also view it as a chilly parting gesture from an otherwise industry-friendly administration.

RIN: 1219-AB41

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5913

Agency: Department of Labor: Occupational Safety and Health Administration

Formal Name: Requirements for DOL Agencies’ Assessment of Occupational Health Risks

At Issue: The agency wants to establish formal regulations and internal guidelines for determining the risk of exposure to toxic substances in the workplace. Although the rule calls for more transparency in how OSHA assesses risk, The Washington Post reported in July that the agency has been accused of drafting this rule behind closed doors and of taking a position that is too friendly to business.

RIN: 1290-AA23

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5756

Agency: Health and Human Services

Formal Name: Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices In Violation of Federal Law

At Issue: Described by HHS as a safeguard to protect the "conscience rights" of health care providers, federally funded health institutions would be required to certify they will allow employees to refuse to provide services that they find morally reprehensible or at odds with their religious principles. Should the institution refuse to comply, it risks losing funding. Critics fear the rule will limit a woman's access to federally funded reproductive health services.

RIN: 0991–AB48

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5761

Agency: Department of Labor

Formal Name: Prohibited Transaction Exemption for Provision of Investment Advice to Participants in Individual Account Plans

At Issue: This rule would amend the Pension Protection Act of 2006, which allows employees of financial institutions to provide investment advice to people with individual investment accounts, such as IRAs and 401(k)s, even if the consultants have a financial interest in the advice. Among other changes, the rule would require advisers to disclose to their clients any fees they may receive in connection with the investment options. The DOL says the rule will allow millions more Americans to receive valuable advice. But opponents fear the advisers’ interests could still trump those of investors at a time when American workers and retirees are seeing their savings nosedive.

RIN: 1210-AB13

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5758

Agency: Department of the Interior

Formal Name: Interagency Cooperation Under the Endangered Species Act

At Issue: The Department of the Interior wants to allow agencies to make their own determination of whether a development project, such as highway or dam construction, would significantly harm protected species, rather than relying on extensive scientific review as they have done previously. The DOI said this will eliminate or reduce cumbersome consultations in situations where the effects “are so inconsequential, uncertain, unlikely or beneficial that they are, as a practical matter, tantamount to having no effect on listed species or critical habitat.” Critics worry about giving so much discretion to federal agencies that may lack scientific expertise.

RIN: 1018-AT50

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5759

Agency: Department of Labor

Formal Name: Senior Community Service Employment Program

At Issue: The Department of Labor wants to finalize revisions to its Senior Community Service Employment Program, which gives older adults (55 years old and up) paid work experience at public or nonprofit agencies. The changes include implementing a 48-month cap on participation in the program, with a provision that would allow for a one-time 12-month extension, and an increase in the portion of the funds that can be used for training and support services. The DOL says the changes will open the program to more people. But critics believe the revisions shift the emphasis from subsidized employment, which includes support services so older adults can maintain self-sufficiency and independence, to placing program participants in the general workforce.

RIN: 1205-AB48

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6155

Agency: Department of Housing and Urban Development

Formal Name: Public Access to HUD Records Under the Freedom of Information Act (FOIA) and Production of Material or Provision of Testimony by HUD Employees

At Issue: The Department of Housing and Urban Development tweaked its guidelines for how and when employees may respond to requests for testimony or documents. Neither may occur without official HUD approval. In addition, under the new rule, the agency expanded the number of people within HUD's Office of General Counsel who are permitted to grant approval for the release of documents or to authorize an employee to testify. The agency also revised the criteria for determining whether information is appropriate to disclose.

RIN: 2501-AD39

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5888

Agency: Department of Health and Human Services

Formal Name: Elimination of Enhanced TANF Caseload Reduction Credit for Maintenance of Effort Expenditures

At Issue: Under the Temporary Assistance for Needy Families program, states are required to reduce their caseload--and get people receiving aid into the workplace--by a certain percent each year. But if states spend more money than required on benefits and services for needy families, called “maintenance of effort” expenditures, they receive credit toward their caseload. This rule would eliminate that credit. HHS says the credit is no longer necessary because, among other reasons, states have significantly reduced their caseloads and operate successful programs without spending more than their MOE requirements. But critics, including members of Congress and governors, fear that eliminating the credit incentive means less money will be available to disadvantaged families.

RIN: 0970-AC38

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5881

Agency: Department of Justice

Formal Name: Criminal Intelligence Systems Operating Policies

At Issue: The Department of Justice updated its regulations for surveillance systems that fall under the Omnibus Crime Control and Safe Streets Act in light of technological advances, and expanded its authority to investigate suspected domestic criminal activity in the interest of public safety. The rule is also intended to increase intelligence sharing amongst the various federal agencies. Critics fear the powers are too broad and feel the rule violates the civil liberties of U.S. citizens.

RIN: 1121-AA59

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5826

Agency: Department of Labor

Formal Name: Amendments to the Fair Labor Standards Act

At Issue: The Department of Labor seeks to update regulations related to the Fair Labor Standards Act, which establishes standards for minimum wage, overtime pay, maximum work hours, etc. Some of the regulation has become outdated due to recent legislation and court decisions; this new rule aims to reflect those changes, including changes to the minimum wage and to exemptions from minimum-wage requirements.

RIN: 1215-AB13

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5903

Agency: Department of Agriculture

Formal Name: Special Areas; State-Specific Inventoried Roadless Area Management: Colorado

At Issue: The U.S. Forest Service and the state of Colorado are collaborating to draft a management plan for Colorado's roughly 4.4 million acres of roadless areas. Under the proposed plan, exceptions would be made in otherwise protected areas to build temporary roads for wildfire prevention, to expand existing coal mines and for some utility infrastructure, and for 10,000 acres designated for ski area special uses. Toward the end of the Clinton administration, in 2001, some 58 million acres of roadless areas were declared protected nationwide. But a Bush policy replaced the Clinton rule, and it has been in and out of court ever since. The Colorado plan now put forth, critics say, is far weaker than Clinton's plan and environmentalists are concerned that it could open the door for gas drilling. But proponents of the plan say it would be an insurance policy for Colorado, restricting development in the roadless areas while the legal issues of the national plan are resolved to protect the vast majority of the state's wilderness. The rule, however, may not be adopted now until after the Obama administration takes office. The Department of Agriculture granted the state additional time to review the plan and submit comments.

RIN: 0596-AC74

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5906

Agency: Department of the Interior

Formal Name: Oil Shale Leasing and Operations

At Issue: Two million acres of public land in Wyoming, Colorado and Utah would be opened for leasing to drill for oil shale and parameters established for development. Environmental impact analysis under the National Environmental Protection Act must still be done before any drilling may take place. Proponents say this new source of oil will help reduce energy prices. Opponents argue the drilling process uses vast amounts of energy and water and emits a significant amount of air pollution.

RIN: 1004-AD90

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5887

Agency: Food and Drug Administration

Formal Name: New Animal Drugs; Cephalosporin Drugs; Extralabel Animal Drug Use; Order of Prohibition

At Issue: On July 3, 2008, the Food and Drug Administration published a final rule limiting the use of cephalosporin antimicrobial drugs with animals that produce food for human consumption. Cephalosporins have been used on children suffering from gastrointestinal diseases and with cancer patients. These drugs have also been approved for certain uses among sheep, cows, goats and pigs, among other farm animals, but its off-label use at factory farms may be reducing the effectiveness of the drugs in humans as bacteria build up a resistance to it. In its final rule, the agency gave this reason for prohibiting the off-label use of the antibiotics: “We are issuing this order based on evidence that extra-label use of these drugs in food-producing animals will likely cause an adverse event in humans and, as such, presents a risk to the public health.” But after the agency received “substantive comments” on the ban, the agency reversed the ban on Nov. 25, 2008 — five days before the order was to go into effect — so that it could consider the public input. The Pew Charitable Trusts released a statement that lambasted the agency’s decision and raised concerns that the misuse of the antibiotic leads to an increase in drug-resistant infections and, in turn, an increase in health care costs —a fact that has been acknowledged by the American Medical Association, Centers for Disease Control and Prevention and the FDA.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7009

Agency: Bureau of Land Management

Formal Name: Leasing of Solid Minerals Other Than Coal and Oil Shale

At Issue: The Bureau of Land Management has amended its regulations for the leasing of land to mine solid minerals, with the exception of coal and oil shale. This new rule will allow a mining company to expand its lease boundaries under certain circumstances. Under the old regulation, if a mining company wanted to add acreage to an existing lease, its application to do so had to demonstrate that the acres to be added contained the mineral being mined. This rule removes that requirement, and, instead, a mining company must show that the current boundary configuration does not provide for the efficient removal of the mineral. The agency offers two reasons in the rule for this change: (1) potential cost savings to lessees and (2) by maximizing the recovery of leased mineral deposits, the United States may see an increase in returns on its investment. The National Mining Association submitted the only comment during the public comment period. It wrote in support of the rule change and stated, “the current regulations can constrain optimal development and recovery.”

RIN: 1004-AD91

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7179

Agency: Department of Justice

Formal Name: Nondiscrimination on the Basis of Disability in State and Local Government Services

At Issue: The Department of Justice has proposed rules that would adopt the 2004 Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines and make them legally enforceable. The updated regulations would extend the reach of the act, and would clarify standards for making disability-friendly modifications, as well as when upgrades are required. The proposed rule allows for grandfathering. Businesses are concerned about the enormous expense involved in modifications; the American Civil Liberties Union has commended the agency for making changes, but has flagged flaws it hopes the DOJ will address. One such example is a decision by the DOJ to address only those complaints that qualify as "the most critical matters" owing to resource restraints.

RIN: 1190-AA46

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5909

Agency: Department of Defense/General Services Administration/NASA

Formal Name: FAR Case 2007-013, Employment Eligibility Verification

At Issue: Certain contractors and subcontractors must use E-Verify, an Internet-based employee verification system operated by the Department of Homeland Security, to check if their employees are eligible to work in the United States. The new rule establishes guidelines for the use of E-Verify, including the number of days a contractor has to enroll in the program and verify employees; which contractors/subcontractors are required to use the system; and which employees are exempt from the verification requirements. All eligible new contracts after the rule goes into effect on Jan. 15, 2009, must abide by the new guidelines; only certain existing contracts must amend their practices. Some employers fear the new mandate is too burdensome, and could be crippling to their businesses.

RIN: 9000-AK91

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5901

Agency: Department of Labor

Formal Name: Labor Certification for the Temporary Employment of H-2B Aliens in the United States

At Issue: The Department of Labor seeks to improve the current labor certification process for H-2B visas, temporary work permits for both skilled and non-skilled foreign nationals not working in the agricultural sector, by centralizing the processing of visa applications. According to the agency, the revisions would revamp a system described as "complicated, time-consuming and inefficient." The rule would also implement an auditing system to ensure employers are in compliance with the requirements of the H-2B program.

RIN: 1205-AB54

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5904

Agency: National Oceanic and Atmospheric Administration

Formal Name: Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental Review Procedure

At Issue: This new rule explains how fisheries must comply with the National Environmental Policy Act. NOAA says the revisions will more effectively involve the public and clearly define the role of Fishery Management Councils in developing and approving new measures for the operation of a fishery. But critics say the changes would complicate the environmental review process, give too much power to the fishing industry when determining environmental impact and shorten the public comment period.

RIN: 0648-AV53

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5741

Agency: Department of Transportation

Formal Name: Passenger Car and Light Truck Corporate Average Fuel Economy 2011 to 2015

At Issue: The proposed rule, which falls under the Energy Independence and Security Act of 2007, would revise fuel standards for cars and small trucks in an effort to improve fuel economy and lower greenhouse gas emissions. The Department of Transportation estimates that their suggested standards would save a combined total of nearly 55 billion gallons of fuel and 178.3 billion metric tons of CO2 over the lifetime of the light trucks and cars sold for the model years of 2011 to 2015. But consumer groups, automakers and environmentalists are not pleased. Automakers say the standards are too burdensome to meet, at a time when they are already in dire financial straits. Environmentalists and consumer groups say the rule neither meets the demand for more fuel-efficient cars nor does it do enough to combat global warming. Both groups claim DOT and the National Highway Traffic Safety Administration based their calculations on gas prices that were far too low, and, had they used higher and more realistic numbers, the agency could have justified enforcing higher standards more quickly.

RIN: 2127-AK29

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5908

Agency: Environmental Protection Agency

Formal Name: Review of the National Ambient Air Quality Standards for Lead

At Issue: The rule revises the monitoring requirements for lead and strengthens lead emission standards by cutting the amount allowed in the air by 90 percent. The revisions will provide increased protection to children and other at-risk populations. But some complain the new standards aren’t tough enough and that they exempt some major polluters. Industry leaders also dislike the new standards, saying they will have little to no impact on overall emissions.

RIN: 2060-AN83

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5859

Agency: Department of the Interior

Formal Name: Firearms on National Park Service Lands

At Issue: The proposed rule would allow loaded guns and concealed weapons into some national parks. Currently guns are allowed only if they are safely stored and unloaded.

RIN: 1024-AD70

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5754

Agency: Health and Human Services

Formal Name: Office of Global Health Affairs; Regulation on the Organizational Integrity of Entities Implementing Leadership Act Programs and Activities

At Issue: Similar to the sex trafficking rule, HIV/AIDS prevention groups who apply for federal grants must certify they do not advocate, promote or support the legalization or practice of prostitution. However, these groups may maintain affiliations with organizations that do not have such a policy. This rule outlines the guidelines for doing so.

RIN: 0991-AB46

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5815

Agency: Department of Transportation

Formal Name: Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments

At Issue: New Transportation Department rules requires railroads to analyze safety and security along proposed routes for hauling hazardous materials and to clarify security plans for storage and delays en route. Security advocates argue this rule was crafted to allow railroads to analyze and select routes in secrecy without input from state and local officials. While the rule asks railroads to “consider” measures to “reduce safety and security risk,” there is no enforcement mechanism worked into the rule to allow DOT to legally force railroad companies to choose what the agency considers to be the safest possible route. DOT can only challenge a railroad company’s selected route if it can suggest an alternative “commercially practicable” route. There is no definition for “commercially practicable” in the rule.

RIN: 2137-AE02

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6586

Agency: Department of Education

Formal Name: Family Educational Rights and Privacy; Final Rule

At Issue: The Department of Education has revised regulations under the Family Educational Rights and Privacy Act to implement provisions of the USA Patriot Act and the Campus Sex Crimes Prevention Act. Among the amendments are clarifications and new exceptions for disclosing personally identifiable information from an education record without the student’s consent. The National School Boards Association in its comment on the proposed rule wrote in support of this provision. Referring to the Virginia Tech tragedy, NSBA wrote, “The Department indicates ‘any and all education records, including health and disciplinary records’ may be disclosed. This is a good policy that will facilitate necessary information sharing.” Other commenters expressed concern that the FERPA safeguards to prevent a student from being identified too readily could prevent the release of educational records used to hold schools accountable, such as test scores.

RIN: 1855-AA05

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7178

Agency: Department of Housing and Urban Development

Formal Name: Real Estate Settlement Procedures Act (RESPA); To Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Costs

At Issue: This new rule aims to protect consumers from high mortgage settlement costs by simplifying, improving and standardizing the Good Faith Estimate form, which details the fees borrower pay when settling a loan. With the exception of certain provisions that will be implemented upon the rule's effective date, compliance will not be required until Jan. 1, 2010. Under the new rule, the Good Faith Estimate form would include a clear summary of loan terms and settlement charges on the first page and provide more accurate cost estimates, among other stipulations. The rule would also limit certain fees. A HUD analysis suggests that a typical borrower would save nearly $700 on closing fees.

RIN: 2502-AI61

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5889

Agency: Environmental Protection Agency

Formal Name: National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines and Standards for Concentrated Animal Feeding Operations

At Issue: The rule, formulated to address practices voided by a Federal Appeals Court ruling, asks companies that run confined animal feeding operations to voluntarily apply for permits to discharge waste into waterways. If the operators don’t think they pollute enough, they are under no obligation to get permits.

RIN: 2040-AE80

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5649

Agency: Health and Human Services

Formal Name: Limitation on Use of Funds and Eligibility for Funds Made Available by the Office of Refugee Resettlement, Within the Administration for Children and Families, of the Department of Health and Human Services, To Monitor and Combat Trafficking in Persons

At Issue: Any organization that seeks federal funding to help victims of sex trafficking must certify that they do not advocate, promote or support the legalization or practice of prostitution.

RIN: 0970-AC28

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5800

Agency: Food and Drug Administration

Formal Name: Draft Guidance for Industry on Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices

At Issue: Drug and medical device companies would be allowed to give doctors articles from medical journals on unapproved uses for FDA-approved products. Advocates of loosening the rules for off-label drug use say the FDA review and approval process is slow and arduous--and lives that could be saved are lost in the meantime. But critics worry that relying on medical studies shared by a pharmaceutical company, and not vetted by the FDA, could put lives at risk.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5880

Agency: Department of Labor

Formal Name: Modernizing the Labor Certification Process and Enforcement for Temporary Agricultural Employment of H-2A Aliens in the United States

At Issue: The Department of Labor has made significant changes to the guest worker program for farms for the first time in 20 years. It's a program the DOL says is "woefully underutilized" because of the cumbersome approval process and the time-sensitive nature of the agricultural industry. In an effort to smooth out some of the bureaucratic snarls and attract more farmers to the program, the DOL has eliminated the duplication in federal and state efforts when processing visa applications. The rule also implements new wage and hour regulations, and stiffens the fines for those employers who fail to comply with the program. But farmers are not satisfied with the government's solution, and say the process is still too complex. On the labor side, critics are concerned the rule could lead to lower wages and a decline in working conditions.

RIN: 1205-AB55

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6591

Agency: Department of Labor

Formal Name: Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision

At Issue: Partly in response to a Supreme Court ruling, the DOL has proposed several revisions to the Family and Medical Leave Act of 1993 that could make it more difficult for employees to use paid vacation or personal days when they take leave for medical or family emergencies. It also specifies that those who suffer from a chronic condition must "recertify" every six months, as opposed to a vague "periodically." Another revision, which some are referring to as a win for workers, would no longer count "light duty" as leave time. Another provides greater leeway for families of active service men and women.

RIN: 1215-AB35

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5757

Agency: Department of the Interior

Formal Name: Implementation of the National Environmental Policy Act of 1969

At Issue: The Interior Department says these revisions will "promote greater transparency and accountability to the public." But the rule also gives the agency discretion in determining how to involve the public in the preparation of environmental assessments, including the solicitation of public comments.

RIN: 1090-AA95

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5857

Agency: Environmental Protection Agency

Formal Name: CERCLA/EPCRA Notification Requirements and the Agricultural Sector

At Issue: The Environmental Protection Agency will no longer require farms to report on air pollution from animal waste, as long as it is not above a certain threshold within a 24-hour period. The EPA Says this will ease the burden of reporting in situations where an emergency response action is unlikely. But critics worry that less oversight will mean greater health risks to those living near factory farms.

RIN: 2050-AG37

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5763

Agency: Department of Transportation

Formal Name: Hours of Service of Drivers

At Issue: The Department of Transportation has finalized an interim rule for the number of hours a truck driver may spend on the road per day and per week. The rule, which has essentially been in effect since 2004, allows truckers to drive for 11 hours and work no more than 14 consecutive hours each day. They must rest 10 hours between shifts, and may not work more than 60 hours a week. But if they take a 34-hour break, they can restart their weekly tally. The U.S. Court of Appeals for the D.C. Circuit took issue with the rule in 2004 and again in 2007 for failing to adequately explain its rationale for increasing driving hours, among other reasons. Public safety and consumer advocate groups complain that the rule leaves truckers on the road far too long, citing fatigue fatalities as evidence. The DOT says the new rule actually allows more time for sleep than the current rule. It also cites statistics showing fatal crashes have decreased since the driving hours were changed.

RIN: 2126-AB14

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5933

Agency: Environmental Protection Agency

Formal Name: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions

At Issue: Although the EPA abandoned some of its most controversial changes to the clean air rules, it did not ditch all of them. On Dec. 19, the agency finalized a rule to regulate so-called fugitive emissions, or pollutants released into the air other than through smoke stacks or vents, such as those that occur through equipment leaks or evaporation. The question is when these types of pollutants count toward an emissions threshold, which if passed trigger requirements for installing new pollution-control equipment. The new rule requires only those industries listed under the Clean Air Act -- including coal cleaning plants, fuel conversion plants and iron and steel mills -- to count the fugitive emissions when making operational or physical modifications to facilities. In 1989 a rule change stated that all sources of pollution, regardless of whether they were covered by the Clean Air Act, be required to count the fugitive pollutants. Special interest groups such as the National Association of Clean Air Agencies have criticized the EPA for its decision; the rule will exempt some polluters within the surface mining and agricultural industries, among others. This rule will go into effect on Jan. 20, 2009, the last day of the Bush administration.

RIN: 2060-AM91

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7010

Agency: Department of the Treasury

Formal Name: Prohibition on Funding of Unlawful Internet Gambling

At Issue: In 2006 Congress passed the Unlawful Internet Gambling Enforcement Act. This rule seeks to clarify the act’s murky definitions — including what constitutes unlawful Internet gambling — and to implement provisions designed to block restricted transactions related to illegal online gambling. It also specifies the payment systems that can be used in connection with gambling restricted by the act, including automated clearing house systems, money transmitting business and wire transfer systems. Those who operate such payment systems will be required to establish a policy to weed out illegal transactions. In a letter to Treasury Secretary Henry Paulson, Rep. Barney Frank (D-Mass.) criticized the rule because it would “burden the financial services industry at a time of economic crisis and contradict the stated intent of the Financial Services Committee.” During the public review period, citizens submitted comments chastising the agency for drafting a rule that amounted to a government intrusion into the private lives and decisions of individuals, and suggested that precious government resources be devoted elsewhere.

RIN: 1505-AB78

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6894

Agency: Department of the Interior

Formal Name: Excess Spoil, Coal Mine Waste, and Buffers for Waters of the United States

At Issue: This rule could make it easier for mining companies to dump debris from mountaintop removal into waterways.

RIN: 1029-AC04

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5742

Agency: Bureau of Land Management

Formal Name: Oregon Resource Management Plans

At Issue: On Dec. 31, the Bureau of Land Management announced it had issued records of decisions for new resource management plans for six counties in Oregon. The plan nearly doubles the amount of logging allowed on 2.6 million acres of federal land in the southwestern section of the state. According to a press release from the agency, the expanded timber harvesting will produce roughly $75 million each year to be distributed among the six counties and will create 1,200 jobs. But environmentalists and some public officials—not to mention the 264 protests received by BLM after the release of the Final Environmental Impact Statement on Oct. 9, 2008—are disappointed by the state’s decision to revitalize the logging industry in this section of the state. The contamination of the water and the negative impact logging could have on fish populations are among the concerns cited by the plan’s critics.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7176

Agency: Agency for International Development

Formal Name: Privacy Act of 1974; Implementation of Exemptions

At Issue: The Partner Vetting System is intended to help the Agency for International Development screen employees of non-governmental organizations who apply for funds from USAID. The system is meant to ensure the agency is not dispersing funds to a terrorist organization or to an organization that collaborates with terrorists; there have been allegations in the press and from within the U.S. government that USAID funds have ended up in the hands of groups controlled by Hamas, for example. The decision for whether this system will be implemented rests with the Obama administration. In the meantime, USAID has finalized a rule exempting portions of the information collected by the vetting system from disclosure under the Privacy Act, citing national security and protection of classified data. During the public comment period, special interest groups, NGOs and private individuals expressed concerns about the system and the privacy act exemptions, including a lack of transparency and claiming a violation of due process to withhold the screening results from affected NGOs.

RIN: 0412-AA61

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7019

Agency: Department of the Interior

Formal Name: Use of Reclamation Land, Facilities, and Water Bodies

At Issue: The Bureau of Reclamation has finalized a rule revising their position on the continued exclusive use of public land; in 2007 the agency proposed a rule that indicated it would “generally not renew” the authorizations for private use of this land. In response to public comments addressing concerns that current private use of the land, as by property owners, would be hurt by this rule, the agency proposed revisions. The 2008 rule, finalized on Dec. 5, relaxes the renewal requirements for current exclusive use. It states that existing private recreational and residential uses “must be compatible with public needs,” but eliminates language indicating that renewal would happen only under rare circumstances. The use and its appropriateness will be reviewed at least once every 20 years, with exceptions, such as when health and safety are at issue — reviews were previously made every 5 years. The Sierra Club criticized the agency for failing to provide an adequate explanation for modifying its position, and for contradicting its mandate to provide for public recreation.

RIN: Use of Reclamation Land, Facilities, and Water Bodies

Permalink: http://www.propublica.org/special/midnight-regulations#reg-7334

Agency: Environmental Protection Agency

Formal Name: Expanding the Comparable Fuels Exclusion Under RCRA

At Issue: The EPA excludes certain industrial materials from most hazardous waste management requirements under the Resource Conservation and Recovery Act when the materials can be converted for energy production and if their emissions are comparable to those from burning fuel oil. The EPA is proposing to expand the list of excluded materials, arguing that this in the interest of capitalizing on potential energy sources. Currently about 13,000 tons of fuel per year are excluded; if approved, an additional 107,000 tons would be exempt from the requirements and would be converted into fuel. Twenty-five members of Congress sent a letter to the EPA criticizing the agency for waiting until the public comment period ended before revealing the names of the selected facilities that would manage the waste. They also have requested more information on the potential impact to air quality, and voiced concerns over the selected facilities and their poor track record in managing and disposing of hazardous wastes in the past.

RIN: 2050-AG24

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5905

Agency: Environmental Protection Agency

Formal Name: Draft EPA/Army Guidance Regarding CWA Jurisdiction after Rapanos

At Issue: A Supreme Court decision in 2006 left federal regulators unclear about who has jurisdiction over non-navigable bodies of water, such as seasonal streams, swamps and marshes, and how to determine the navigability of a body of water. As a result, hundreds of potential violations of the Clean Water Act have fallen to the wayside. The EPA and Army Corps of Engineers have issued guidelines to resolve questions of jurisdiction, enforcement and definition.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5764

Agency: Department of Justice

Formal Name: Certification Process for State Capital Counsel Systems

At Issue: States that have provisions to guarantee competent counsel for indigent defendants in capital cases would be able to request certification, which would allow the state to expedite federal habeas corpus review. This rule establishes the process for certification. Some U.S. courts are concerned that expediting habeas review will place a heavy, even insurmountable, burden on the system. Others are concerned about shifting the power of certification from federal judges to the U.S. Attorney General.

RIN: 1121-AA74

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5874

Agency: Environmental Protection Agency

Formal Name: Prevention of Significant Deterioration: Refinement To Increment Modeling Procedures

At Issue: The EPA proposes to change the way air pollution is measured in national parks and wilderness areas, known as designated Class I areas. The rule would allow a company to obtain a variance for a proposed construction project, so that its pollution would be measured not by stringent Class I standards, but by the laxer standards designated for Class II areas instead. Pollution would be measured as an average over the course of the year, rather than in smaller increments that highlight spikes in pollution, which often violate the law.

RIN: 2060-AO02

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5910

Agency: Environmental Protection Agency

Formal Name: Ipconazole; Pesticide Tolerances

At Issue: Chemtura Corp. filed a petition with the EPA to request the establishment of tolerances -- the legal limits for a pesticide chemical residue in or on food -- for ipconazole, a fungicide used to treat seeds for cotton and some legumes and grains. The EPA classified the chemical as unlikely to be a human carcinogen. This determination was based on studies conducted in mice and rats.

RIN: n/a

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6152

Agency: Environmental Protection Agency

Formal Name: Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for Electric Generating Units

At Issue: Emissions from power plants will be monitored by the hour instead of by the year, which critics say could allow power plants to pollute more than currently allowed and to avoid installing expensive new pollution control technology.

RIN: 2060-AN28

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5648

Agency: Environmental Protection Agency

Formal Name: Definition of Solid Wastes Revisions

At Issue: Earlier this month, the Environmental Protection Agency issued a rule that alters the definition of solid waste under the Resource Conservation and Recovery Act. It effectively exempts about 1.5 million tons of hazardous waste that is recycled from a regulation that required such material to meet strict labeling, transportation and disposal rules.

RIN: 2050-AG31

Permalink: http://www.propublica.org/special/midnight-regulations#reg-5740

Agency: Department of Transportation

Formal Name: Electronic On-Board Recorders for Hours-of-Service Compliance

At Issue: The Department of Transportation is seeking ways to make sure long-haul trucker comply with regulations that establish the number of hours they can drive. The proposed rule looks at three alternatives: (1) mandating the recorders across the industry; (2) requiring trucking companies to install the recorders only if they have demonstrated a "serious" level of noncompliance; or (3) allowing use of the recorders to remain voluntary. Public interest groups have complained that the second option will cover only a tiny percentage of the industry, and are advocating for an industry-wide mandate.

RIN: 2126-AA89

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6153

Agency: Department of Transportation

Formal Name: Roof Crush Resistance

At Issue: Current standards for the strength of roofs of passenger vehicles have been in place for 35 years. For at least five years, the Department of Transportation has been trying to upgrade the requirements in an attempt to reduce the number of fatalities and serious injuries during rollovers of cars and light trucks. The current standard holds that a roof must be able to withstand a force equivalent to 1.5 times the unloaded vehicle weight. DOT proposes increasing the standard to 2.5. Critics, including those within the insurance industry, say the standard should be at least three times the unloaded vehicle weight. The agency has also been criticized for the methodology it used to determine an appropriate standard. Other provisions in the rule include safety and crash-avoidance initiatives, including electronic stability control, which could help prevent rollovers, and the strengthening of door locks to lower the likelihood of a person’s being ejected from the car when a rollover occurs. This rule, like some others, has pre-emptive language that would prevent consumers from making a claim against an auto manufacturer through the state tort system. But in an interesting twist, DOT has postponed the finalization of the rule until April 30, 2009. This will leave room for the Obama administration to add input should it choose to do so.

RIN: 2127-AG51

Permalink: http://www.propublica.org/special/midnight-regulations#reg-6720