Public Comments on Proposed Federal Rules
Here's a look at public comments on proposed Federal Register rules
Featured Stories
California Bioenergy Urges IRS for Clarity on Clean Fuel Production Tax Credit
By Merly T. Lapig
WASHINGTON, May 7 -- California Bioenergy LLC (CalBio), a leading developer of renewable natural gas (RNG) projects, has requested the Internal Revenue Service (IRS) to issue clearer guidance on the recently enacted Section 45Z Clean Fuel Production Credit. In a detailed letter submitted to the federal agency, CalBio outlined several key areas where ambiguities in current notices could hinder the growth of the domestic RNG industry and potentially contradict the Biden administration's "Unleashing American Energy" executive order.
The company, which partners with dairy farmers to produce RNG from
... Show Full Article
WASHINGTON, May 7 -- California Bioenergy LLC (CalBio), a leading developer of renewable natural gas (RNG) projects, has requested the Internal Revenue Service (IRS) to issue clearer guidance on the recently enacted Section 45Z Clean Fuel Production Credit. In a detailed letter submitted to the federal agency, CalBio outlined several key areas where ambiguities in current notices could hinder the growth of the domestic RNG industry and potentially contradict the Biden administration's "Unleashing American Energy" executive order.
The company, which partners with dairy farmers to produce RNG frommanure, emphasized the importance of the tax credit in fostering domestic energy independence. According to the letter, CalBio's activities directly procure feedstock from U.S.-based farmers, contributing to a secure domestic energy supply chain.
One of CalBio's primary concerns revolves around the "sale to an unrelated person" requirement for the tax credit. The company requested a "look-through" rule, similar to those established for other clean energy tax credits, which would allow producers to qualify for the credit even when selling to a related party, provided the fuel is ultimately resold to an unrelated end user.
"Without adding a look-through rule similar to the suggestion above, many domestic fuel producers will have uncertainty related to longstanding contracts and business practices in qualifying for the section 45Z credit on their production and sale of transportation fuel," stated N. Ross Buckenham, CEO of California Bioenergy LLC, in the letter.
CalBio also raised concerns about the definition of a "qualifying sale," arguing that the IRS's current interpretation in Notice 2025-10, which requires the fuel to be sold "for use as a fuel...in a trade or business," could unintentionally exclude many RNG producers who typically sell to marketers or resellers. The company contends that this interpretation imposes an "undue burden on the development of domestic natural gas and biofuels," potentially conflicting with Executive Order 14154.
Furthermore, the letter addressed the 45ZCF-GREET model used to calculate emissions rates for clean fuels. CalBio requested that the model be updated to reflect animal-specific manure feedstocks, aligning with previous IRS guidance that differentiated between manure from beef, dairy, and swine. The current model aggregates all animal manure, which CalBio argues is inconsistent with industry practices and available data.
"As such, CalBio respectfully requests that Treasury, the IRS, and DOE update the 45ZCF-GREET model to be in line with Notice 2024-49 regarding animal-specific manure feedstock types," the letter stated.
Finally, CalBio urged the IRS to provide detailed instructions for the Provisional Emissions Rate (PER) process, which allows producers of fuels without an established emissions rate to petition for a determination. The company also stressed the urgency of supplemental guidance, particularly in light of the Section 6418 provision allowing for the transferability of clean energy tax credits, which requires clarity for effective implementation.
CalBio concluded its letter by offering its assistance in clarifying any aspects of their comments and expressed a willingness to meet with the IRS to discuss these critical issues further. The outcome of these requests could significantly impact the future of the domestic RNG industry and its ability to contribute to the nation's clean energy goals.
* * *
Read full text of the public communication here: https://downloads.regulations.gov/IRS-2025-0002-0151/attachment_1.pdf
View Regulations.gov posting on April 10, 2025, and docket information here: https://www.regulations.gov/comment/IRS-2025-0002-0151
Airbus Warns Proposed U.S. Export Rule on Security End Users Risks Safety, Harms U.S. Interests
WASHINGTON, May 7 -- Global aerospace giant Airbus has raised significant concerns about a proposed U.S. Department of Commerce rule that would expand export controls on items sent to foreign police and other civil security organizations, warning it could harm U.S. commercial interests, create safety risks, and place undue burdens on industry.
In comments submitted April 10 to the Bureau of Industry and Security (BIS) regarding proposed amendments to the Export Administration Regulations (EAR) focused on "foreign-security end users" (FSEUs) (RIN 0694-AI35), Airbus argued the rule is overly broad
... Show Full Article
WASHINGTON, May 7 -- Global aerospace giant Airbus has raised significant concerns about a proposed U.S. Department of Commerce rule that would expand export controls on items sent to foreign police and other civil security organizations, warning it could harm U.S. commercial interests, create safety risks, and place undue burdens on industry.
In comments submitted April 10 to the Bureau of Industry and Security (BIS) regarding proposed amendments to the Export Administration Regulations (EAR) focused on "foreign-security end users" (FSEUs) (RIN 0694-AI35), Airbus argued the rule is overly broadand could have serious unintended consequences.
The proposed rule expands licensing requirements for public entities performing traditional civil security functions (like arrest, detention, or use of force) in designated countries (primarily Country Groups D:5 and E), as well as other entities supporting such functions. Airbus contends this expansion is excessive, potentially restricting even minimally controlled items listed on the Commerce Control List (CCL) from reaching civil police organizations globally, even when the items are unrelated to human rights concerns.
"This will likely drive individuals and entities impacted by this rule to go outside of the U.S. supply chain for commonly available non-U.S. origin replacement products," Airbus stated, particularly concerning commercial aircraft parts. The company argued this harms U.S. suppliers while offering limited national security gains, as replacements are readily available elsewhere. Airbus requested BIS "consider revising the scope of the proposed rule to release items which do not meaningfully contribute to the protection of U.S. interests and are of low strategic value."
A major concern highlighted by Airbus involves aviation safety. The company explained that foreign-manufactured aircraft often contain U.S.-origin spare parts. While the aircraft itself might not require a BIS license when delivered to an FSEU (due to de minimis rules), the 100% U.S.-origin spare parts could be restricted under the new rule. Airbus argued that requiring licenses to send these essential parts to Maintenance, Repair, and Overhaul (MRO) centers, or even directly to the FSEU for installation, "could have a negative impact on safety of flight by making reliable U.S. origin parts unavailable... or causing delay in obtaining parts." They urged BIS to clarify that the controlling export is the one to the MRO center, not the subsequent transfer of the repaired aircraft.
Airbus also noted the difficulty in distinguishing between FSEU activities and legitimate emergency response functions (medical, firefighting, search-and-rescue), which are often intertwined, potentially impacting public safety operations in affected countries.
The company criticized the proposed rule for imposing "significant due diligence and licensing burdens." Determining whether a customer qualifies as an FSEU will be difficult without clear guidance or a definitive list from BIS, potentially leading to inconsistent compliance. Airbus anticipates a massive increase in license applications and requested BIS allow "bulk" license applications covering multiple items and similar end users to improve efficiency.
Furthermore, Airbus expressed concern that expanded restrictions on U.S. persons supporting FSEUs could "disincentivize the hiring of U.S. persons abroad." Unlike some existing controls, the proposed rule does not extend an exemption for U.S. persons working for companies headquartered in the U.S. or allied nations. Airbus requested this exemption be added for FSEU controls. The company also sought clarification on the vague definition of "support," including terms like "assist or benefit," used in the U.S. person activity controls.
Airbus concluded by urging BIS to carefully consider the potential negative impacts of the rule as currently drafted and requested further clarity and revisions to mitigate risks to safety, U.S. commercial interests, and U.S. personnel abroad.
* * *
Read full text of the public communication here: https://www.regulations.gov/comment/BIS-2024-0041-0002
View Regulations.gov posting on April 11, 2025, and docket information here: https://downloads.regulations.gov/BIS-2024-0041-0002/attachment_1.pdf
Ag-Tech Firm Urges IRS for Swift, Flexible Clean Fuel Credit Implementation
By Merly T. Lapig
WASHINGTON, May 7 -- Incite.ag, a farmer-founded carbon intensity (CI) scoring company, has submitted comments to the Internal Revenue Service (IRS) regarding Notice 2025-10, which outlines the proposed implementation of the Section 45Z Clean Fuel Production Credit. In a detailed letter dated April 10, 2025, the company urged the federal agency to finalize guidance quickly and adopt flexible rules to ensure the credit effectively spurs innovation and growth within the American agriculture and biofuel sectors.
The letter emphasizes the transformative potential of the Section 45Z credit, stating
... Show Full Article
WASHINGTON, May 7 -- Incite.ag, a farmer-founded carbon intensity (CI) scoring company, has submitted comments to the Internal Revenue Service (IRS) regarding Notice 2025-10, which outlines the proposed implementation of the Section 45Z Clean Fuel Production Credit. In a detailed letter dated April 10, 2025, the company urged the federal agency to finalize guidance quickly and adopt flexible rules to ensure the credit effectively spurs innovation and growth within the American agriculture and biofuel sectors.
The letter emphasizes the transformative potential of the Section 45Z credit, statingit is "more than just a clean fuel incentive--it is a strategic lever to unleash a golden era of American energy dominance." Incite.ag, drawing on its experience providing CI scoring services across biofuel supply chains, offered a series of recommendations aimed at making the program feasible, fair, and impactful.
One of the key concerns raised by Incite.ag is the timeline for the final guidance. "As of this writing, the window for planning, data collection, certification, and facility-level upgrades is rapidly closing," the letter states. The company recommends the IRS publish final rules no later than June 10, 2025, and allow retroactive adjustments for producers who implement improvements before the final rules are issued. To further facilitate early adoption, Incite.ag suggests accepting alternative forms of documentation during the program's initial year.
The letter also strongly advocates for the inclusion of corn and sorghum kernel fiber-based ethanol as a qualified feedstock under Section 45Z, along with sorghum oil for biodiesel and renewable diesel production. According to Incite.ag, these pathways demonstrate significantly lower lifecycle emissions and are already recognized by programs like the California Air Resources Board's LCFS. The current notice, the company argues, fails to adequately distinguish between traditional corn starch-based ethanol and fiber-based ethanol, potentially creating disincentives for innovation.
Addressing the limited three-year window for the credit (2025-2027), Incite.ag urges the IRS to allow partial-year qualification. This would enable producers who make carbon reduction technology investments to claim credits for specific qualifying fuel batches or production months, rather than requiring an annualized average CI score. "Requiring a 12-month weighted average before recognizing these gains would delay credit eligibility well into 2026 or 2027, which defeats the purpose of incentivizing near-term improvements," the letter explains.
To protect early adopters of climate-smart agricultural (CSA) practices and low-CI fuel production, Incite.ag calls for a grace period or grandfathering provision for activities undertaken in good faith prior to the final 45Z guidance. The company suggests grandfathering CSA practices implemented during the 2024 crop year if they align with established standards and allowing fuel production marketed in 2024 or early 2025 to qualify if it met prevailing industry standards at the time.
Furthermore, Incite.ag recommends moving away from the current emissions factor (EF) rounding thresholds for credit eligibility tiers in favor of a linear credit incentive. This, they argue, would provide a clearer and more incremental reward structure for emissions reductions.
The letter concludes by emphasizing the potential of the Section 45Z credit to drive American energy leadership and rural economic growth, provided the implementation is clear, science-based, and producer-friendly. "With decisive implementation, 45Z can become the cornerstone of this administration's energy legacy--and a catalyst for America's resurgence as a global energy leader," the letter asserts. Incite.ag stands ready to support the Treasury and IRS in building a clean fuel framework that rewards the ingenuity and hard work of American producers.
* * *
Read full text of the public communication here: https://downloads.regulations.gov/IRS-2025-0002-0092/attachment_1.pdf
View Regulations.gov posting on April 10, 2025, and docket information here: https://www.regulations.gov/comment/IRS-2025-0002-0092
Advocates Urge Federal Agency to Withdraw New Alien Registration Rule, Citing Harm to Vulnerable Immigrants
By Merly T. Lapig
WASHINGTON, May 7 -- A new interim final rule (IFR) issued by U.S. Citizenship and Immigration Services (USCIS) requiring certain noncitizens to register with the government and submit to biometrics is facing strong opposition from legal advocates who argue it will severely harm low-income immigrants and survivors of abuse and trafficking. In a letter submitted electronically today to USCIS, the Massachusetts Law Reform Institute (MLRI), a statewide nonprofit poverty law and policy center, called for the immediate withdrawal of the rule or, at a minimum, a significant delay in its April 11, 2025
... Show Full Article
WASHINGTON, May 7 -- A new interim final rule (IFR) issued by U.S. Citizenship and Immigration Services (USCIS) requiring certain noncitizens to register with the government and submit to biometrics is facing strong opposition from legal advocates who argue it will severely harm low-income immigrants and survivors of abuse and trafficking. In a letter submitted electronically today to USCIS, the Massachusetts Law Reform Institute (MLRI), a statewide nonprofit poverty law and policy center, called for the immediate withdrawal of the rule or, at a minimum, a significant delay in its April 11, 2025implementation date to allow for public comment.
MLRI argues that the IFR, titled "Alien Registration Form and Evidence of Registration," is a substantive rule masquerading as procedural and was implemented without the required notice-and-comment period under the Administrative Procedure Act (APA). The letter emphasizes that the rule imposes significant new obligations and potential criminal penalties on noncitizens.
"The Interim Final Rule (IFR) will have a substantial harmful impact on low-income immigrants, and the legal services that support them," stated the letter. "For the reasons detailed below, we strongly urge the Department of Homeland Security to withdraw the proposed rule in its entirety or in the alternative delay the April 11, 2025 implementation date and provide a notice-and-comment period to allow a reasonable period to submit commits and consider the impact of this registration rule on impacted communities."
A key concern raised by MLRI is the lack of a clear definition for "willful failure or refusal" to comply with the registration requirements, which carries potential criminal penalties and fines. The letter points out that USCIS has provided definitions for "willful" in other contexts, such as willful misrepresentation, but has failed to do so in this critical rule. "Failure to provide impacted individuals adequate notice and understanding of the criminal liabilities of this IFR violates due process because individuals cannot 'guide their behavior accordingly,'" the letter asserts.
Furthermore, MLRI contends that USCIS has vastly underestimated the economic impact of the rule on noncitizens, particularly the costs associated with seeking legal advice to navigate the complex and confusing requirements. The letter highlights the contradiction in considering some immigration applications as registration documents while others are not, leading to confusion and increased demand for legal consultations. "The confusion created by this rushed IFR then generates an increase in demand for immigration legal consultations by individuals seeking legal advice on how this IFR impacts them, whether they need to register, or whether they already have. This is not a cost inherent to compliance with the statute but one that the agency has created with this IFR," the letter explains.
Of particular concern to MLRI is the potential harm the rule poses to survivors of domestic violence, crime, and human trafficking. The letter argues that the IFR fails to consider the unique circumstances and safety risks faced by these vulnerable populations. Many survivors may be unable to comply with the strict registration timelines due to trauma, fear of their abusers, or lack of access to technology. "The trauma endured by survivors of abuse, crime and human trafficking greatly impact a survivor's ability to comply with the registration requirement," the letter emphasizes. The letter also points out the dangers associated with the change of address notification requirements for survivors who may need to flee unsafe situations.
Finally, MLRI opposes the potential imposition of a $30 biometric services fee, arguing that noncitizens receive no direct benefit from the registration process and that such a fee would create an additional barrier for low-income individuals.
In conclusion, MLRI urges USCIS to either withdraw the IFR or significantly delay its implementation to allow for a proper notice-and-comment period and a thorough analysis of its substantial impacts, particularly on vulnerable immigrant communities. "For the foregoing reasons, this IFR is a substantial rule requiring a notice-and-comment period. USCIS should delay the effective date of this rule and offer a reasonable opportunity affected communities to participate in a notice-and-comment period," the letter concludes.
* * *
Read full text of the public communication here: https://downloads.regulations.gov/USCIS-2025-0004-2942/attachment_1.docx
View Regulations.gov posting on April 11, 2025, and docket information here: https://www.regulations.gov/comment/USCIS-2025-0004-2942
Advocacy Groups Voice Strong Opposition to Proposed Changes in ACA Marketplace Rule
By Merly T. Lapig
WASHINGTON, May 7 -- The SPAN Parent Advocacy Network (SPAN) and Family Voices-New Jersey have submitted a strongly worded letter to the Department of Health and Human Services (HHS), expressing significant concerns over the proposed rule on "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability." In their detailed comments, the advocacy groups argue that the proposed changes, intended to strengthen the ACA marketplace, would instead "weaken provisions" and negatively impact vulnerable populations.
The letter, dated April 10, 2025, outlines numerous areas of disagreement
... Show Full Article
WASHINGTON, May 7 -- The SPAN Parent Advocacy Network (SPAN) and Family Voices-New Jersey have submitted a strongly worded letter to the Department of Health and Human Services (HHS), expressing significant concerns over the proposed rule on "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability." In their detailed comments, the advocacy groups argue that the proposed changes, intended to strengthen the ACA marketplace, would instead "weaken provisions" and negatively impact vulnerable populations.
The letter, dated April 10, 2025, outlines numerous areas of disagreementwith the proposed rule, which aims to revise aspects such as past-due premium payments, eligibility for Deferred Action for Childhood Arrivals (DACA) recipients, agent/broker standards, income verification processes, and the annual open enrollment period.
Lauren Agoratus, Executive Director of SPAN and NJ Coordinator for Family Voices, stated unequivocally in the letter's executive summary, "Although it is stated that this aims at 'strengthening the integrity of the Patient Protection and Affordable Care Act' these proposals actually weaken provisions." This sets the tone for the extensive critique that follows.
One of the most contentious points raised by SPAN and Family Voices-NJ is the proposed modification to the definition of "lawfully present," which would exclude the DACA population. The letter emphasizes their strong disagreement, noting that this definition was established by the courts in most states and raising concerns about protections for all enrollees, particularly given current challenges with immigrant protections.
The advocacy groups also voiced strong opposition to changes in income verification processes, arguing against the elimination of self-attestation and expressing concern over stricter verification when income data sources show inconsistencies. They believe the proposed changes will not lead to a "streamlined enrollment and eligibility determination process," as claimed by HHS, but rather create unnecessary hurdles for consumers.
Furthermore, the proposed shortening of the annual Open Enrollment Period (OEP) from November 1 through December 15 drew sharp criticism. The letter highlights the significant cuts in funding for outreach and navigators, coupled with reported HHS personnel layoffs, suggesting that a shorter enrollment period will likely reduce marketplace enrollment and increase the number of uninsured individuals. Quoting CHIRblog.org, the letter notes, "'These cuts are also likely to reduce marketplace enrollment and increase the number of people without health insurance.'"
The potential repeal of the Special Enrollment Period (SEP) for low-income individuals (those with projected household income at or below 150 percent of the Federal Poverty Level and eligible for Advance Premium Tax Credits) also raised alarm. SPAN and Family Voices-NJ argue that this move appears to disproportionately affect low-income families.
In a particularly impassioned section, the letter strongly objects to the proposal that essential health benefits (EHBs) "may not provide sex-trait modification." Citing scientific understanding of transgender identity and the alarmingly high suicide rates among transgender individuals, the groups argue that such a policy is discriminatory and harmful. "Science shows that being transgender is not a choice," the letter asserts, referencing the American Psychological Association's stance on the issue.
The proposed increases to the maximum annual limitation on cost sharing were also deemed unaffordable, with the letter pointing out that a significant portion of Americans lack sufficient emergency funds to cover such costs.
Overall, SPAN and Family Voices-NJ paint a picture of a proposed rule that, despite its stated intentions, will likely lead to decreased access to affordable healthcare, particularly for vulnerable populations. The letter concludes with a stark warning, citing a cbpp.org blog that the proposed revisions represent a "reversal in course that is likely to lead to coverage loss among people with the lowest incomes who face the greatest obstacles to enrollment." The advocacy groups urge HHS to reconsider these proposed changes to ensure the integrity and accessibility of the ACA marketplace for all.
* * *
Read full text of the public communication here: https://downloads.regulations.gov/CMS-2025-0020-18900/attachment_1.docx
View Regulations.gov posting on April 10, 2025, and docket information here: https://www.regulations.gov/comment/CMS-2025-0020-18900
