November 18, 2024 - A good day for the federal government

Happy Monday!    

You do not know what you do not know.

November 18, 2024 is a good day for the federal government.  Today, the federal government currently has 126 documents from 58 agencies (699 Pages) with 107 Notices, 2 Proposed Rules, 17 Rules, and 5 Significant Document.   With this current issue, Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices is up to page 91246.  The federal government is busy making everything better!  It might be time to double check the power in government.

Forgot to define what makes a Significant Document.  Under the Associated Unified Agenda Deemed Significant Under EO 12866…

"Significant regulatory action” means any regulatory action that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof;

or

(4) Raise novel legal or policy issues arising out of legal mandates, - the President’s priorities, or the principles set forth in this Executive order.

Using the Significance as defined, the Federal Register identifies the specific documents as a set-aside and to present them separately.   Each day, these documents represent as stated significant impact and should be reviewed.

For this issue, these are the significant documents:

Setting and Adjusting Trademark Fees During Fiscal Year 2025 by the Patent and Trademark Office on 11/18/2024.

This final rule is effective on January 18, 2025.  The summary for this rule, “The United States Patent and Trademark Office (USPTO) sets or adjusts trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The fee adjustments will provide the USPTO sufficient aggregate revenue to recover the aggregate costs of trademark operations in future years (based on assumptions and estimates found in the agency's Fiscal Year 2025 Congressional Justification (FY 2025 Budget)), including implementing the USPTO 2022-2026 Strategic Plan (Strategic Plan).

Additionally, the USPTO provided a Congressional Budget Justification for the next fiscal year.  This document, https://www.uspto.gov/about-us/performance-and-planning/budget-and-financial-information, shows that this agency is fully financed based on user fees.   Makes you wonder how many other government agencies should be fee based for usage instead of taxpayer funded.  Any thoughts?

 

Supplemental Nutrition Assistance Program (SNAP): Employment and Training Program Monitoring, Oversight and Reporting Measures by the Food and Nutrition Service on 11/18/2024.

This final rule is effective on January 17, 2025.  The summary, “The final rule implements the employment and training (E&T) provisions of the Agricultural Act of 2014. This section provided the Department additional oversight authority of State agencies' administration of the Supplemental Nutrition Assistance Program (SNAP) E&T program; required the Department to develop reporting measures and required State agencies to report outcome data to the Department. It also required the Department to monitor and assess State agencies' effectiveness of E&T programs and provided the Department with the authority to require State agencies to make improvements to their programs as necessary. Finally, State agencies are required to submit reports on the impact of certain E&T components, and in certain States, the E&T services provided to able-bodied adults without dependents (ABAWDs). The final rule will strengthen the E&T program through the collection of information to determine the overall effectiveness of the E&T program in reaching the goal of assisting participants in obtaining the skills necessary to obtain and retain employment.”

 


Increase Flexibility for Tribes in Child Care and Development Fund (CCDF) Eligibility
by the Health and Human Services Department on 11/18/2024.

This final rule is effective November 18, 2024.  The summary, “This final rule amends the Child Care and Development Fund (CCDF) regulations to provide all Indian Tribes and Tribal Organizations operating CCDF programs the flexibility, at their discretion, to establish and use eligibility criteria regardless of family income or assets.”

 

Employer-Provided Survey Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program by the Employment and Training Administration on 11/18/2024.

This notice of proposed rulemaking allows for comments on or before January 17, 2025.  The summary, “The Department of Labor (Department or DOL) proposes to amend its regulations for employer-provided wage surveys for the H-2B temporary labor certification program. The regulations were published in the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2015 Wage Rule). This notice of proposed rulemaking (NPRM or proposed rule) proposes to amend those regulations consistent with recent Federal litigation by clarifying existing requirements for employer-provided surveys for the H-2B program, proposing new requirements, and proposing to eliminate Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey (Form ETA-9165).

To submit a comment to this action, use https://www.regulations.gov/ with docket number ETA-2024-0001.  At this time, no link or action is available.  Check for updates soon.

This will be an interesting document to track and watch.  I expect the commentors to provide some insight into the H-2B program and its impact.  The H-2B process is a work-in-progress.  Each update seems to add and remove complexity.

 


Required Rulemaking on Personal Financial Data Rights
by the Consumer Financial Protection Bureau on 11/18/2024.

 This final rule is effective January 17, 2025.  The summary, “The Consumer Financial Protection Bureau (CFPB) is issuing a final rule to carry out the personal financial data rights established by the Consumer Financial Protection Act of 2010 (CFPA). The final rule requires banks, credit unions, and other financial service providers to make consumers' data available upon request to consumers and authorized third parties in a secure and reliable manner; defines obligations for third parties accessing consumers' data, including important privacy protections; and promotes fair, open, and inclusive industry standards.

During the public comment period, the rule accumulated 11,145 comments.   The public comments and the feedback provided assist in modification of the initial proposed rules.  The details related to the comments is found in the document at page 90843.

 

Over 126 documents from 58 Agencies for 699 pages, it appears that the Federal Government is busy.  Again, how can any American keep up?

 

US Debt Clock Update:

According to the US Debt Clock at roughly 9:59 AM, the US debt is roughly $36,009,107,000,000. The debt per taxpayer is $272,821.    The good news is that the federal government revenue is roughly $5,043,405,000,000.  Not too shabby if you ask me.  Checkout the latest numbers here: https://www.usdebtclock.org/

Special Note: Interest of Debt (Net) is $995,919,000,000. 

 

The Sun

From Spaceweather.com, “SOLAR ACTIVITY REMAINS LOW: For the 3rd day in a row, solar activity remains low. No large sunspots are facing Earth, and NOAA forecasters say there is no more than a 10% chance of X-class solar flares. Isn't this supposed to be Solar Max? Yes, but even during Solar Max, the sun sometimes takes a few days off. Activity will probably resume later this week. Solar flare alerts: SMS Text

Amazing website with great information about the Earth-Sun environment. 

 

Buy a shirt or two. Why not?

 

 

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