Last week the Trump administration issued a memorandum
to all executive branch department and agencies freezing all pending regulations to enable the Trump administration the opportunity to review prior to being finalized. The memorandum further directs the federal agencies to suspend for 60 days all proposed and final regulations that are published in the Federal Register but have not yet become effective. The new administration is deferring implementation of these rules "for the purpose of reviewing questions of fact, law, and policy they raise."
Following the memorandum, EPA published in the Federal Register
a complete list of 30 rules that are subject to the memorandum’s 60-day postponement period. The freeze will delay the effectiveness and allow further EPA consideration under the new administration. Included in this list is the Certification and Training rule, which was set to go into effect on March 6, but will now be delayed until March 21. Essentially, all rules that have not been finalized will now be delayed at a minimum of 60 days. During this 60-day review period some rules may be delayed further, reopened for additional comments or be finalized with no changes just at a later date.
In addition to the Certification and Training rule, the Overtime Rule will now be delayed. Since the Department of Labor’s Overtime rule never went final on December 1, if the court were to finalize the proceedings within the 60 day time period it would be delayed until March 21. (It is highly unlikely the court will make a final decision before March 21st, but this gives the Department of Labor under the Trump administration additional opportunities to alter the rule.)
NPMA will continue to monitor all pending and new regulations and provide industry input when and where necessary.