News & Analysis as of

Federal Register Comment Period

Conn Maciel Carey LLP

Fed OSHA’s Heat Illness Prevention Proposed Rule Officially Published in the Federal Register

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As you may recall, way back on July 2nd, OSHA “revealed” an unofficial pre-publication version of a Notice of Proposed Rulemaking (NPRM) for a federal Indoor and Outdoor Heat Illness Prevention Rule. After a peculiar delay...more

Venable LLP

The FDA-AAFCO MOU Will Not Be Renewed

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As announced earlier this month, the longstanding Memorandum of Understanding (MOU) between the Food and Drug Administration (FDA or Agency) and the Association of American Feed Controls Officials (AAFCO) will expire on...more

McGlinchey Stafford

CFPB Proposes New Rules Aimed at “Streamlining” Mortgage Servicing

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On July 10, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) proposed a rule it says will streamline mortgage servicing and the loss mitigation process. If enacted, the proposed rule would significantly revise...more

Torres Trade Law, PLLC

China Section 301 Additional Tariffs

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On May 22, 2024, the United States Trade Representative (“USTR”) announced the publication of a Federal Register Notice (“the FRN”) setting forth additional and increased Section 301 tariffs for specific Harmonized Tariff...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

Morrison & Foerster LLP

Comment on Morphing U.S. Biotechnology Regulations

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The U.S. Department of Agriculture (USDA) and U.S. Patent and Trademark Office (USPTO) have recently opened requests for stakeholder engagement regarding biotechnology regulatory frameworks. These requests provide the...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

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The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

McGlinchey Stafford

EEOC Issues Proposed Regulations for Implementation of the Pregnant Workers Fairness Act

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On December 9, 2022, President Biden signed the Pregnant Workers Fairness (PWFA) into law. The Act requires that covered employers provide “reasonable accommodations” to employees as may be necessitated by pregnancy,...more

Brownstein Hyatt Farber Schreck

EPA Proposes Significant Revisions to GHG Reporting Requirements in Subpart W

When the Environmental Protection Agency (EPA) launched the Greenhouse Gas Reporting Program (GHGRP) in 2009, the objective was to collect and publicly report greenhouse gas emissions data across certain industries. Through...more

Wiley Rein LLP

FCC Proposes Expansion of Audio Description Requirements

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The Federal Communications Commission (FCC) has adopted a Further Notice of Proposed Rulemaking seeking comment on whether to expand its audio description mandate to television stations in all Nielsen Designated Market Areas...more

Vinson & Elkins LLP

Securitizing Without Conflicts – Proposed SEC Rulemaking

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On January 25, 2023, the SEC reproposed its 2011 proposed rule to prohibit certain securitization participants from engaging in transactions that present conflicts of interest vis-à-vis ABS investors. This note answers a...more

Davies Ward Phillips & Vineberg LLP

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses

The United States Federal Trade Commission (FTC) recently issued a proposed rule that, if adopted, would broadly prohibit employers from entering into post-employment non-compete agreements with workers, and would also...more

Stevens & Lee

FTC Proposes Banning and Rescinding Worker Non-Competes

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On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a proposed rule that would prohibit nearly all non-compete clauses between employers and workers going forward and would also require employers to promptly...more

Wiley Rein LLP

FCC Initiates Rulemaking to Streamline Satellite and Earth Station Application Process

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On December 21, 2022, the Commission voted to approve a Notice of Proposed Rulemaking (NPRM) to streamline the satellite and earth station application process under its Part 25 rules, stating that “[a]s the Commission...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 19, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Stevens & Lee

HHS Proposes Updates to “Part 2” Regulations on Substance Abuse Record Confidentiality

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On Nov. 28, 2022, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) and the Office for Civil Rights (“OCR”), both agencies within the U.S. Department of Health and Human Services (“HHS”), provided...more

Husch Blackwell LLP

Commerce Soliciting Comments on Changes to Particular Market Situation in Antidumping Duty Proceedings

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The Department of Commerce (“Commerce”) published a notice seeking comments from interested parties on steps Commerce should take to modify its application of a “particular market situation” (“PMS”) analysis in antidumping...more

Lowenstein Sandler LLP

SEC Proposes Rule Requiring Service Provider Due Diligence and Monitoring by Registered Investment Advisers

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On October 26, the Securities and Exchange Commission (SEC) issued a rule release (Release) that proposed new and amended rules (Proposed Rule) under the Investment Advisers Act of 1940, as amended (Advisers Act)....more

Wiley Rein LLP

Dates Set for Comments on FCC Proposal to Adopt Additional Foreign Government-Sponsored Programming Rules

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On November 18, 2022, a summary of the Federal Communications Commission’s (FCC’s) Second Notice of Proposed Rulemaking (Second NPRM) proposing to amend its rules for the identification of foreign government-sponsored...more

Wiley Rein LLP

FCC Seeks Comment on Proposed Rules for Blocking Illegal Robotexts

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On September 27, 2022, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal that would require mobile wireless providers to block illegal text...more

Wiley Rein LLP

FCC Seeks Comment on Status of ATSC 3.0 Transition

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On June 22, 2022, the Federal Communications Commission (FCC or Commission) adopted a Third Further Notice of Proposed Rulemaking (FNPRM) that seeks comment on the state of the Next Generation Television (Next Gen TV or ATSC...more

Wiley Rein LLP

EPA is Getting it Right on TSCA Confidential Business Information (CBI) – but You Should Still Comment on the Proposed Rule

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Let’s kick start a conversation on Toxic Substances Control Act confidential business information (TSCA CBI). Maybe I’ve just missed it, but I have not seen much public discussion about the U.S. Environmental Protection...more

Fox Rothschild LLP

Environmental Protection Agency Seeks Comments on Draft Recommended Aquatic Life Ambient Water Quality Criteria for PFOA and PFOS

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Earlier this month, the Environmental Protection Agency (EPA) published in the federal register its notice of availability to comment on its Draft Recommended Aquatic Life Ambient Water Quality Criteria for Perfluorooctanoic...more

Wiley Rein LLP

USTR Announces “Reviews of Necessity” of Section 301 Duties on Chinese Goods

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On May 3, 2022, the Office of the U.S. Trade Representative (USTR) announced a process for considering the extension of the Section 301 tariffs against Chinese goods, pursuant to a provision of Section 301 of the Trade Act of...more

Husch Blackwell LLP

USTR Announces Opportunity for Domestic Industry Parties to Comment on Continuation of Section 301 Tariffs

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July 6, 2022, will mark the four-year anniversary of the institution of Section 301 tariffs against approximately $370 Billion in imports from China into the United States. In light of this anniversary, the Office of the...more

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