News & Analysis as of

Interpretive Letters

Eversheds Sutherland (US) LLP

CFTC Confirms Morgan Stanley Internal Merger Will Not Affect Status Of Legacy Swaps

On January 30, 2026, the Commodity Futures Trading Commission (CFTC) issued Staff Letter 26‑03 (Staff Letter), providing clarity for swap market participants regarding the treatment of certain legacy swaps with two Morgan...more

Parker Poe Adams & Bernstein LLP

OSHA Says Workplace Burns From E-Cigarette Batteries Are Recordable Injuries

Occupational Safety and Health Administration regulations require employers to record work related injuries and illnesses on the OSHA 300 log. ...more

Cozen O'Connor

DOL Follows Through On Use Of OSHA Standard Interpretation Letters

Cozen O'Connor on

In June 2025, the United States Department of Labor announced a planned expansion of its opinion letter program intended to increase compliance assistance across several agencies including OSHA. The initiative is intended to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published a January 14th Interpretive Letter clarifying the Hazardous Materials Regulations (“HMR”) applicable to cargo tanks. See Reference...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 22, 2025, Interpretive Letter the application of the Hazardous Materials Regulations (“HMR”) to the transportation of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 7th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) to the term “surfactant”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Waste...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”)  addressed in a January 6th Interpretive Letter clarification of the Hazardous Materials Regulations (“HMR”) applicable to the definition of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) sent a December 11th Interpretive Letter to DG Advisor addressing the application of the federal Hazardous Materials Regulations (“HMR”) to what is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s Seven Letters of Interpretation in December 2025: Coal or Candy for Employers?

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued seven letters of interpretation the week of December 8, 2025, as part of the Trump administration’s renewed opinion-letter program. ...more

Littler

Much Ado About OSHA Interpretation Letters

Littler on

There has been much ado about compliance assistance from the United States Department of Labor (DOL) this year. With these expanded opportunities, employers should consider seeking guidance on application of OSHA standards to...more

Paul Hastings LLP

OCC Conditionally Approves National Trust Bank Charter Applications and Issues Interpretive Letter 1188, SEC Issues Tokenization...

Paul Hastings LLP on

Last week, federal regulators took several notable steps affecting digital asset markets. The Office of the Comptroller of the Currency (OCC) announced conditional approval of five national trust bank charter applications. It...more

Jones Day

OCC Confirms Riskless Principal Transactions in Crypto Assets by Banks Are Permissible

Jones Day on

On December 9, 2025, the OCC issued Interpretive Letter #1188 to confirm that national banks may engage in riskless principal crypto-asset transactions, including transactions in assets that are not securities. Riskless...more

Sheppard Mullin Richter & Hampton LLP

OCC Confirms Bank Authority to Hold Crypto-Assets as Principal for Paying Network Fees

On November 18, the OCC issued Interpretive Letter 1186 confirming that a national bank may, as an activity incidental to the business of banking, pay crypto-asset network fees to support otherwise permissible banking...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a September 30th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) to the preparation of shipping...more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Source Review/Clean Air Act: Environmental Organizations Letter Challenging U.S. Environmental Protection Agency Guidance...

The United States Environmental Protection Agency (“EPA”) issued a September 2nd interpretive letter addressing the definition of  “Begin Actual Construction” in the Clean Air Act New Source Review (“NSR”) regulations....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wood Treaters/Resource Conservation and Recovery Act: U.S. Environmental Protection Agency Interpretive Letter Response to Treated...

United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery Deputy Director Andrew Baca transmitted an October 8th Interpretive Letter addressing issues involving wood treatment....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Shipping...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) transmitted a September 30th Interpretive Letter clarifying the Hazardous Materials Regulations (“HMR”) applicable to the preparation of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Source Review/Clean Air Act: U.S. Environmental Protection Agency Guidance Addressing "Begin Actual Construction"

The United States Environmental Protection Agency (“EPA”) issued a September 2nd interpretive letter addressing the definition of “Begin Actual Construction” in the Clean Air Act New Source Review (“NSR”) regulations....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Clarifying the...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 7th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) to the transportation of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) clarified in an August 12th Interpretive Letter the Hazardous Materials Regulations (“HMR”) applicable to emergency discharge control equipment for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a July 15th Interpretive Letter the application of the Hazardous Materials Regulations (“HMR”) to intermediate bulk containers (“IBCs”). See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Wet...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a June 10th interpretive letter the application of Hazardous Materials Regulations (“HMR”) applicable to wet batteries...more

Orrick, Herrington & Sutcliffe LLP

OCC allows banks to use debt securities in repo agreements

On June 12, the OCC issued Interpretive Letter 1185 confirming that national banks may use certain debt securities as collateral in repurchase (repo) agreements. In the letter, the OCC responded to a December 19, 2024,...more

Jones Day

CFTC Divisions Interpret "U.S. Person" Definition and U.S. Location Versus Foreign Location

Jones Day on

A 2024 CFTC enforcement action settlement that may have introduced a new test for when the Commodity Exchange Act and the agency's regulations apply on a cross-border basis concerned then-CFTC Commissioner and now Acting CFTC...more

Latham & Watkins LLP

OCC Affirms Banks Can Engage in Crypto Custody and Execution Activities

Latham & Watkins LLP on

The federal banking agencies continue to open the channels for regulated entities to engage in digital asset activities. On May 7, 2025, the Office of the Comptroller of the Currency (OCC) published Interpretive Letter...more

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