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Agency Rulemaking Highlights
Notable ActionsMalicious Cyber-Enabled Activities
The Department of Commerce issued a notice of proposed rulemaking to solicit comments on proposed regulations to implement Executive Order 13984 and Executive Order 14110. The proposal includes provisions to require U.S. Infrastructure as a Service product providers to verify the identity of their foreign customers, report transactions that will allow a foreign person to train a large AI model with potential malicious cyber-enabled capabilities, and define several terms used in the executive orders. Comments due April 29.
Fees for Instantaneously Declined Transactions
The Consumer Financial Protection Bureau (CFPB) is proposing to prohibit financial institutions from charging fees on consumer payment transactions that are instantaneously declined. The CFPB has concluded such fees are abusive practices, and the proposed rule would prevent financial institutions from charging nonsufficient fund fees across all transaction methods. Comments due March 25.
Pay Equity Regulations
The Office of Personnel Management issued a final rule to advance pay equity in government pay systems. For individuals receiving their first federal government job, agencies may not base their pay on a candidate’s non-federal salary or pay history. Effective April 1.
The Department of Defense, the General Services Administration, and NASA have proposed amendments to the Federal Acquisition Regulation to prohibit contractors from seeking and considering information about a job applicants’ pay history when making employment decisions. Contractors would also be required to disclose pay information in certain job announcements. Comments due April 1.
Waste Emissions Charge for Petroleum and Natural Gas Systems
The Environmental Protection Agency is proposing a rule that would charge an annual fee to facilities that exceed specified waste emissions thresholds for methane. The proposed rule is required under the Methane Emissions Reduction Program of the Inflation Reduction Act. Only oil and natural gas systems facilities that emit more than 25,000 metric tons of carbon dioxide equivalent will be subject to the proposed rule. Comments due March 11.
Targeting and Eliminating Unlawful Text Messages
The Federal Communications Commission (FCC) issued a final rule requiring mobile wireless providers to block text messages from numbers that appear on the National Do-Not-Call Registry. The rule codifies that Do-Not-Call protections apply to text messages. Effective March 26.
Achieving 100% Wireless Handset Model Hearing Aid Compatibility
FCC proposed a rule tentatively concluding that requiring all handset models to be certified as hearing aid-compatible is achievable. FCC seeks comment on revising the definition of “hearing aid compatibility” to include Bluetooth connectivity. Comments due February 26.
Fee Schedule and Changes to Certain Immigration Benefit Request Requirements
The U.S. Citizenship and Immigration Services issued a final rule to adjust immigration and benefit request fees charged by the agency in order to cover the costs of providing adjudication and naturalization services. The rule introduces a new Asylum Program Fee to be paid by employers and expands fee exemptions for humanitarian filings. The rule also adjusts other immigration benefit request requirements, such as EB-5, H1-B, permanent resident applications, naturalization and citizenship, and adoption forms and fees. Effective April 1.
Automatic Portability Transaction Regulations
The Employee Benefits Security Administration issued a notice of proposed rulemaking that would implement a prohibited transaction exemption for certain automatic portability transactions. Automatic portability transactions take place when an employee moves funds in a retirement plan from an old job to a retirement plan at a new job or another retirement savings account. The exemption will allow automatic portability providers to receive a fee for executing the transaction. The proposed rule reduces regulatory burdens on providers and allows savers to avoid cashing out smaller account balances. Comments due March 29.
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