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Agency Rulemaking Highlights
Notable ActionsWorkplace Heat Injury and Illness Prevention
The Occupational Safety and Health Administration is proposing to issue a new standard on heat injury and illness prevention in outdoor and indoor work settings. The standard would require all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors to create a plan to evaluate and control heat hazards in their workplace. Comments due December 30.
Sale of Tobacco to Persons Younger Than 21 Years of Age
The Food and Drug Administration issued a final rule to make conforming changes as required by the Further Consolidated Appropriations Act of 2020, which increased the minimum age for the sale of tobacco products from 18 to 21 years of age. The rule also increases the minimum age for tobacco verification by photo ID from under 27 to under 30, and for entry into facilities with vending machines or self-service tobacco displays from 18 to 21. Effective September 30.
Anti-Money Laundering for Residential Real Estate Transfers
The Financial Crimes Enforcement Network (FinCEN) issued a final rule to require certain persons involved in real estate closings and settlements to submit reports and keep records on certain non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis. Effective December 1, 2025.
Anti-Money Laundering Requirements for Investment Advisers
FinCEN issued a final rule to include certain investment advisers in the definition of “financial institution” under the Bank Secrecy Act, prescribe minimum standards for anti-money laundering/countering the financing of terrorism programs to be established by certain investment advisers, and require certain investment advisers to report suspicious activity to FinCEN. Effective January 1, 2026.
Hearing on Rescheduling of Marijuana
The Drug Enforcement Administration is announcing a hearing with respect to its May 21 proposal that would transfer marijuana from schedule I of the Controlled Substances Act (CSA) to schedule III of the CSA. The hearing will be held on December 2.
Clean Electricity Low-Income Communities Bonus Credit
The Internal Revenue Service issued a proposed rule concerning the program to allocate clean electricity low-income communities bonus credit amounts for calendar years 2025 and succeeding years. Applicants investing in certain clean electricity generation facilities may apply for an allocation of environmental justice capacity limitation to increase the amount of the clean electricity investment credit for the taxable year in which the facility is placed in service. A public hearing will be held on October 17. Comments due October 3.
ED General Administrative Regulations
The Education Department (ED) issued a final rule that amends its General Administrative Regulations and associated regulatory provisions to update, improve, and better align them with ED’s implementing statutes and other regulations and procedures. Effective September 30.
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