Federal Register Watch: September 17, 2026

A moody, wide-angle view of industrial smokestacks against a grey overcast sky, atmospheric and dramatic, muted tones of grey and blue, documentary photorealistic style. No text, no logos, no people.

EPA moved to unwind its own legal basis for regulating power-plant greenhouse gases, finalizing a repeal of its 2024 carbon standards for electric generating units while, on the same day, proposing to rescind the underlying 2015 findings that justified regulating those emissions at all.

  • EPA proposes rescinding the 2015 findings behind power-plant climate rules. EPA proposed rescinding the 2015 findings that greenhouse gases from fossil-fuel power plants endanger public health, the legal foundation beneath a decade of federal climate regulation for the sector. The agency offers three separate arguments for reversing itself, including that Congress never clearly authorized EPA to regulate power plants over climate change under the “major questions doctrine,” and that eliminating the entire U.S. power sector’s emissions would have only a negligible effect on global temperatures. Because this is a proposed rule rather than a final one, it opens debate instead of closing it: comments are due November 2 and a virtual public hearing is set for October 1, giving utilities, states, and advocacy groups a real chance to contest the reasoning before it can take legal effect. Read the proposal.
  • EPA finalizes repeal of most of the 2024 Carbon Pollution Standards. In a companion action published the same day, EPA finalized the repeal of most of its 2024 Carbon Pollution Standards, including emission guidelines for existing coal- and gas-fired power plants and carbon-capture requirements the agency itself adopted only two years earlier. Unlike the proposal above, this one is already final, meaning it takes legal effect without any further public comment. Pairing a final repeal with a still-pending proposal to erase the legal findings underneath it is an unusual sequence, since it leaves EPA’s authority to write any future power-plant rule resting on a foundation the agency has separately proposed to tear down. Read the final rule.
  • FDIC calls a merger-policy board meeting on unusually short notice. The FDIC gave notice of a board meeting held with less than seven days’ advance warning, short of the one week of public notice its Sunshine Act procedures normally require, to take up two proposed rules on bank merger transactions and “state bank parity” plus a vote to rescind an existing supervisory guidance document. Federal open-meeting law expects an agency to state why a shortened notice period was necessary, and this notice offers no reason, which matters because that explanation is the only real check on how much warning the public and affected banks get before a board acts on merger policy. Read the notice.
  • FDA denies exemption for AI radiology software, despite a title that reads the other way. FDA denied a device maker’s petition to exempt certain AI-based radiology software, including cancer-detection and triage tools, from the premarket notification process that normally requires FDA clearance before a device can be sold. The agency found that relying on the company’s prior clearances and a proposed post-market monitoring plan wasn’t enough to show that skipping that clearance review would leave patients just as safe. It’s worth flagging because the document’s own title, “Exemption From Premarket Notification,” names the type of request under review rather than its outcome; read quickly, it can look like FDA loosened oversight of AI diagnostic tools when the agency in fact declined to. Read the notice.
  • Commerce renews export ban on Aeroflot, citing an active violation. The Commerce Department’s Bureau of Industry and Security renewed its temporary denial of export privileges against Russia’s PJSC Aeroflot, citing evidence the airline kept operating U.S.-regulated aircraft components in violation of the denial order Commerce had renewed just last September. A temporary denial order cuts a company off from anything subject to U.S. export rules, and a finding that Aeroflot defied the prior renewal, rather than the agency simply extending it as a precaution, signals that the restriction isn’t achieving compliance and that Commerce is now treating the airline as an active violator rather than a monitored risk. Read the order.

This edition draws on the Federal Register’s full docket of 72 documents published on September 17, 2026. Set aside as routine: airworthiness directives, OMB/PRA information-collection notices, Coast Guard drawbridge and safety-zone notices, SEC self-regulatory-organization filings, FERC combined filings and blanket-authorization notices, cultural-property exhibition determinations, Postal Service product notices, and other standard administrative filings that didn’t trip an institutional-significance or anomaly signal.

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