Proposed Regulation

News & Analysis as of

CFTC Reopens Comment Period for Position Limits Proposals

The Commodity Futures Trading Commission has re-opened the comment period on (1) its proposed rules establishing position limits on certain exempt and agricultural commodities and (2) its proposed amendments to its...more

Arlington’s New Take on Density Exclusions

A new memorandum issued by Arlington County’s Director of the Department of Community Planning, Housing and Development, Bob Brosnan, is proposing to change which areas in a building developers can expect to exclude from...more

National Marine Fisheries Service Issues a 90-Day Finding and a Proposed Rule

On March 3, 2015, the National Marine Fisheries Service (NMFS) issued two Federal Register notices – a 90-day finding on a petition to list the Common thresher shark (Alopias vulpinus) as either threatened or endangered, and...more

Lift Off for Commercial Drone Regulations

Drones are everywhere. Technological innovations have created countless commercial opportunities for drones, also known as unmanned aerial vehicles (UAVs). Until recently, however, the Federal Aviation Administration’s (FAA)...more

Congress Holds Hearing on Proposed “Waters of the United States” Rule

On February 4, 2015, the U.S. Senate Environment and Public Works Committee and the U.S. House Transportation and Infrastructure Committee questioned EPA officials about a proposed rule to redefine the term "waters of the...more

SEC Proposes Dodd-Frank Hedging Policy Disclosure Rules

The Securities and Exchange Commission (SEC) recently released long-awaited proposed rules, as mandated by Section 955 of the Dodd-Frank Act, that would require a public company to disclose whether the company permits its...more

Centers for Medicare and Medicaid Services Delays Overpayment Final Rule

The Centers for Medicare and Medicaid Services (CMS) announced on February 13, 2015, that it will delay publishing final regulations concerning the “60-Day Rule.” The final rule will be published on or before February 17,...more

Fighting the Fiduciary Rule Before It’s Been Even Proposed

Not long after President Obama expressed the desire that the Department of Labor (DOL) implement a fiduciary rule for brokers who work on retirement plans; did one of Wall Street’s paid minions strike back....more

Federal Reserve Board Extends Comment Period

On February 26, the Federal Reserve Board extended until April 3 the comment period for its proposed rule to implement capital surcharges for the largest, most systemically important U.S. bank holding companies....more

OFCCP proposes updated regulations on discrimination on the basis of sex

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently announced proposed regulations updating its current regulations for federal government contractors and subcontractors regarding...more

SBA Tribal Consultations to Continue

The SBA held its tribal consultations on the recently published proposed regulations in Washington, D.C., on Feb. 26, 2015. During those consultations, it was announced that the SBA would be extending the time to comment on...more

CFPB Proposes Suspending Quarterly Credit Card Agreement Submission Requirements

On February 26, 2015, the Consumer Financial Protection Bureau (“CFPB”) published a proposed rule (“Proposed Rule”) that would suspend for one year the requirement that credit card issuers submit their agreements to the CFPB...more

Weekly Update Newsletter - January 2015 #4

GOVERNMENT CONTRACTS - SBA Considering Extending Comment Period for Proposed Rule on the Limitations on Subcontracting - Although not yet official, we anticipate that SBA will grant an extension until April 6th...more

"SEC Releases Final and Proposed Rules Regarding SB Swap Reporting"

The Securities and Exchange Commission (SEC) recently issued three releases with final and proposed regulations addressing the reporting of security-based swaps (SB swaps) called for by the Dodd-Frank Act. The regulations...more

Cyberspace Oddity: The FCC Regulates Internet Services as Common Carrier Telecommunications Services, “Protecting and Promoting...

The FCC voted recently 3-2 along party lines to promulgate new rules necessary to protect the “Open Internet.” At the core of the Commission’s action lies its decision to reclassify Internet services as a...more

Changing MSHA Penalties: What’s on the Horizon for Mine Operators?

The Mine Safety and Health Administration (MSHA) is in the process of reviewing proposed new civil penalty regulations following multiple hearings in which stakeholders offered their comments. Civil penalties for safety...more

FLSA Exemption Changes: A Possible "Plan B" For Retailers

Expectations are that the U.S. Labor Department's proposed regulations re-defining the federal Fair Labor Standards Act's executive, administrative, professional, outside-sales, and derivative exemptions will be released in...more

Small UAS comment countdown begins: FAA publishes notice of proposed rulemaking

On February 23, the Federal Aviation Administration’s notice of proposed rulemaking (NPRM) for small unmanned aircraft systems (sUAS) operation was published in the Federal Register. The proposed rule, titled "Operation and...more

The Administration Proposes Imposing a Fiduciary Standard on Retirement Advisers

Yesterday, the Obama administration called on the Department of Labor to draft rules that, in effect, would require brokers who provide retirement advice to abide by a fiduciary standard. In a speech at an event hosted by...more

SEC Proposes Rules Requiring Disclosure of Hedging by Employees, Officers, and Directors

On February 9, 2015, the Securities and Exchange Commission (the “SEC”) issued proposed rules to implement Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, requiring disclosure of whether an...more

Seattle Office for Civil Rights Issues Proposed Rules Regarding Minimum Wage Ordinance; Seeks Comments

The Seattle Office for Civil Rights has just released proposed administrative rules for the Minimum Wage Ordinance, which takes effect on April 1, 2015. Once finalized, the rules will guide how the Ordinance is interpreted...more

Disruptive Changes on the Horizon for Federal COTS Software Supply

Action Item: Firms making commercial off-the-shelf ("COTS") software sold to the federal government, or reselling COTS software to the federal government, should respond to the SBA’s recent proposed rule or risk a loss of...more

FAA Unveils Proposal for Regulating Commercial Drones

On February 15, the FAA released its long-awaited proposed framework for regulating small-scale commercial drones. The proposed rules, which the FAA calls a “framework of regulations” include the following relevant...more

SEC Proposes Rules for Disclosure of Hedging by Employees, Officers, and Directors

Boards of Directors of companies subject to the federal proxy rules should take note of proposed rules released by the Securities and Exchange Commission (SEC) on February 9, 2015 that would enhance corporate disclosure of...more

SEC Proposes New Rule Requiring Disclosure of Equity Hedging Policies

On February 9, 2015, the U.S. Securities and Exchange Commission (SEC) proposed a long-awaited rule under the Dodd-Frank Wall Street Reform and Consumer Protection Act that would require public companies to disclose certain...more

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