Coronavirus Federal Regulation as of May 5, 2020
Coronavirus Federal Regulations for COVID-19

Coronavirus Federal Regulation as of May 5, 2020

Coronavirus Federal Regulation as of May 5, 2020

The Coronavirus Federal Regulation list as of May 5, 2020, is below.  COVID-19 has spawned a massive amount of regulations.

Strengthening Transparency in Regulatory Science
Environmental Protection Agency

Coronavirus Federal Regulation: This document seeks a regulation intended to strengthen the transparency of EPA regulatory science. This rulemaking provides that when EPA develops regulations, including regulations for which the public is likely to bear the cost of compliance, with regard to those scientific studies that are pivotal to the action being taken, EPA should ensure that the data underlying those are publicly available in a manner sufficient for independent validation. The EPA solicits comment on how it can best be promulgated and implemented in light of existing law and prior Federal policies that already require increasing public access to data and influential scientific information used to inform regulation.

Control and Divestiture Proceedings
Federal Reserve System

Coronavirus Federal Regulation Invites public comment on a proposal that would revise the Board’s regulations related to determinations of whether a company has the ability to exercise a controlling influence over another company for specified purposes; expands the number of presumptions for use in such determinations; provides substantial additional transparency on the types of relationships that the Board would view as supporting a determination that one company controls another company.

Debt Collection Practices
Bureau of Consumer Financial Protection

Coronavirus Federal Regulation: The Bureau of Consumer Financial Protection proposes to amend Regulation F, which implements the Fair Debt Collection Practices Act and currently contains the procedures for state application for exemption from the provisions of the FDCPA.

Cost Standards and Procedures
Legal Services Corporation

Coronavirus Federal Regulation: Revises the Legal Services Corporation’s regulations addressing the use of non LSC funds by LSC recipients and the requirement that recipients maintain program integrity with respect to other entities that engage in LSC restricted activities; provides cost standards for LSC grants and permits LSC to question costs when a recipient uses non LSC funds in violation of LSC rules; proposes technical and stylistic updates to both rules without any substantive changes.

Margin Requirements for Uncleared Swaps
Commodity Futures Trading Commission

Coronavirus Federal Regulation: Seeks comment on a proposed amendment to the margin requirements for uncleared swaps for swap dealers and major swap participants for which there is no prudential regulator.

Laboratory Accreditation for Analyses of Foods
Coronavirus Federal Regulation: Department of Health and Human Services/Food and Drug Administration

Coronavirus Federal Regulation: The Food and Drug Administration is proposing to amend regulations to establish a program for the testing of food in certain circumstances by accredited laboratories, as required under the Federal Food, Drug, and Cosmetic Act.

Simplifying Meal Service
Department of Agriculture/Food and Nutrition Service

Coronavirus Federal Regulation: Simplifies meal pattern and monitoring requirements in the National School Lunch and School Breakfast Programs.

Combination Transactions With Non-Credit Unions
National Credit Union Administration

Coronavirus Federal Regulation: To add subpart D to part 708a of its regulations. This will clarify and make transparent the procedures and requirements currently in place related to combination transactions.

Control of Communicable Diseases; Foreign Quarantine
Department of Health and Human Services

Coronavirus Federal Regulation: Amends the Foreign Quarantine regulation, to enable CDC to require airlines to collect, and provide to CDC, certain data regarding passengers and crew arriving from foreign countries for the purposes of health education, treatment, prophylaxis, or other appropriate public health interventions, including travel restrictions.

Financial Responsibility Requirements
Environmental Protection Agency

Coronavirus Federal Regulation: Proposes to not impose financial responsibility requirements for facilities in the Chemical Manufacturing industry under the Comprehensive Environmental Response, Compensation, and Liability Act.

Comprehensive Care for Joint Replacement Model
Department of Health and Human Services/Centers for Medicare and Medicaid Services

Revise certain aspects of the Comprehensive Care for Joint Replacement (CJR) model including the episode of care definition, the target price calculation, the reconciliation process, the beneficiary notice requirements and the appeals process.

Transfer of Very Low-Level Waste
Nuclear Regulatory Commission

The U.S. Nuclear Regulatory Commission (NRC) is issuing a proposed interpretation of its low-level radioactive waste disposal regulations that would permit licensees to dispose of waste by transfer to persons who hold specific exemptions for the purpose of disposal.

Texas Central Railroad High-Speed Rail Safety Standards
Department of Transportation/Federal Railroad Administration

Proposes a rule of particular applicability to establish safety standards for the Texas Central Railroad high speed rail system.

Reserve Requirements of Depository Institutions
Federal Reserve System

Provides that the Board of Governors of the Federal Reserve System is amending Regulation D to revise the rate of interest paid on balances maintained to satisfy reserve balance requirements and the rate of interest paid on excess balances maintained at Federal Reserve Banks by or on behalf of eligible institutions.

COVID 19 NorCal Maritime 2020, San Francisco Bay, CA
Department of Homeland Security/Coast Guard

Establishes a temporary safety zone on the navigable waters of San Francisco Bay surrounding the cruise ship GRAND PRINCESS due to the presence of at least 21 people on board reportedly testing positive for COVID 19; provides that federal, state, and local health officials have determined that the vessel presents a risk of spreading communicable disease within the United States.

Regulatory Capital Rule: Eligible Retained Income
Federal Reserve System

In light of recent disruptions in economic conditions caused by the coronavirus disease, and current strains in U.S. financial markets, the Board, OCC and FDIC are issuing an interim final rule that revises the definition of eligible retained income for all depository institutions, bank holding companies, and savings and loan holding companies subject to the agencies’ capital rule.

Money Market Mutual Fund Liquidity Facility
Department of the Treasury/Office of the Comptroller of the Currency

Provides liquidity to the money market sector to help stabilize the financial system; provides that the Board of Governors of the Federal Reserve System authorized the Federal Reserve Bank of Boston to establish the Money Market Mutual Fund Liquidity Facility, pursuant the Federal Reserve Act; extends nonrecourse loans to eligible financial institutions to purchase certain types of assets from money market mutual funds.

Regulation D: Reserve Requirements
Federal Reserve System

Amends Regulation D to revise the rate of interest paid on balances maintained to satisfy reserve balance requirements and the rate of interest paid on excess balances maintained at Federal Reserve Banks by or on behalf of eligible institutions.

Control of Communicable Diseases
Department of Health and Human Services

Issues this interim final rule with request for comments to amend its Foreign Quarantine Regulations, in response to the coronavirus public health emergency.

Short Term Investment Funds
Department of the Treasury/Office of the Comptroller of the Currency

Revises the OCC’s short term investment fund rule for national banks acting in a fiduciary capacity.

Eligible Retained Income
Federal Reserve System

In light of recent disruptions in economic conditions caused by the coronavirus disease and current strains in U.S. financial markets, the Board is issuing an interim final rule that revises the definition of eligible retained income for purposes of the Board’s total loss absorbing capacity rule.

AD/CVD Service Requirements Due to COVID-19
Department of Commerce/International Trade Administration/Enforcement and Compliance

The Department Commerce Enforcement and Compliance Unit is temporarily modifying certain requirements for serving documents containing business proprietary information in antidumping and countervailing duty cases to facilitate the effectuation of service through electronic means.

Corporate Credit Unions
National Credit Union Administration

Updates, clarifies, and simplifies several provisions of the NCUA’s corporate credit union regulation, including permitting a corporate credit union to make a minimal investment in a credit union service organization without the CUSO being classified as a corporate CUSO under the NCUA’s rules; expanding the categories of senior staff positions.

Fishery Observer Coverage
Department of Commerce/National Oceanic and Atmospheric Administration

Provides authority to waive observer coverage requirements established in regulations promulgated under the Magnuson Stevens Fishery Conservation and Management Act and other statutes, consistent with applicable law and international obligations during the coronavirus pandemic.

Texas Central Railroad High-Speed Rail Safety Standards
Department of Transportation/Federal Railroad Administration

FRA is postponing three public hearings, originally announced on March 12, 2020, for the purpose of receiving oral comment on the Texas Central Railroad High-Speed Rail Safety Standards notice of proposed rulemaking (NPRM).

Current Expected Credit Losses Methodology
Department of the Treasury/Office of the Comptroller of the Currency

Inviting comment on an interim final rule that delays the estimated impact on regulatory capital stemming from the implementation of Accounting Standards Update No. 2016-13, Financial Instruments–Credit Losses, Topic 326, Measurement of Credit Losses on Financial Instruments (CECL).

Relief for Form ID Filers and Regulation Crowdfunding
Securities and Exchange Commission

Adopting temporary final rules for Form ID filers and for issuers subject to reporting obligations pursuant to Regulation Crowdfunding and Regulation A in order to address the needs of companies directly or indirectly affected by coronavirus disease 2019 (COVID-19).

Representation-Case Procedures
National Labor Relations Board

As part of ongoing efforts to more effectively administer the National Labor Relations Act (the Act or the NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board or the NLRB) hereby makes three amendments to its rules and regulations governing the filing and processing of petitions for a Board-conducted representation election and proof of majority support in construction- industry collective-bargaining relationships.

Response to the Coronavirus Public Health Emergency
Department of Health and Human Services/Centers for Medicare and Medicaid Services

Gives individuals and entities that provide services to Medicare beneficiaries needed flexibilities to respond effectively to the serious public health threats posed by the spread of the 2019 Novel Coronavirus.

Paid Leave Under the Families First Coronavirus Act
Department of Labor/Wage and Hour Division

Promulgates temporary regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act and emergency paid sick leave to assist working families facing public health emergencies arising out of the coronavirus disease global pandemic.

Available for Work
Railroad Retirement Board

Amends the definition of available for work in regulations in order to facilitate payment of unemployment benefits to railroad employees who are out of work due to the impact of the coronavirus outbreak and subsequent declaration of a national emergency beginning March 1, 2020.

Coronavirus Telehealth Program
Federal Communications Commission

Establishes the Coronavirus Telehealth Program designed to distribute an appropriation from Congress under the Coronavirus Aid, Relief, and Economic Security, or CARES, Act to help health care providers provide connected care services to patients at their homes or mobile locations in response to the novel coronavirus pandemic, and the Connected Care Pilot Program designed to make available over three years to examine the Universal Service Fund.

Mercury and Air Toxics Standards
Environmental Protection Agency

Revises and streamlines the electronic data reporting requirements of MATS and increases data transparency by requiring use of one electronic reporting system, instead of two separate systems; provides enhanced access to MATS data.

Prioritization and Allocation
Department of Homeland Security/Federal Emergency Management Agency

Allocates certain scarce or threatened materials for domestic use, so that these materials may not be exported from the United States without explicit approval by FEMA.

Modernization of Media Regulation Initiative
Federal Communications Commission

Seeks comment on modernizing its methodology for determining whether a television broadcast station is “significantly viewed” in a community outside of its local television market and therefore may be treated as a local station in that community, permitted under the Commission’s rules to be carried by cable systems and satellite operators.

Temporary Exclusion of U.S. Treasury Securities
Federal Reserve System

Excludes the on-balance sheet amounts of U.S. Treasury securities and deposits at Federal Reserve Banks. This exclusion has immediate effect and will remain in effect through March 31, 2021.

Tests and Standards for Air-Purifying Respirators
Department of Health and Human Services

Coronavirus Federal Regulation: Updates the regulatory requirements used by the Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety and Health (NIOSH) to test and approve air-purifying particulate respirators for use in the ongoing public health emergency.

Michigan Underground Injection Control Class II Program
Environmental Protection Agency

Coronavirus Federal Regulation: The U.S. Environmental Protection Agency (EPA) gives public notice that the EPA has received a complete application from the State of Michigan requesting federal authorization for its Underground Injection Control (UIC) Program for wells that are used only to inject fluids associated with oil and natural gas production, known as Class II injection wells.

Paycheck Protection Program
Small Business Administration

This interim final rule announces the implementation of sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act).

Paycheck Protection Program
Small Business Administration

Elsewhere in this issue of the Federal Register, the U.S. Small Business Administration (SBA) is publishing an interim final rule (the Initial Rule) announcing the implementation of sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act).

Modernization of Media Regulation Initiative
Federal Communications Commission

Adopts changes to rules governing the resolution of program carriage disputes between video programming vendors and multichannel video programming distributors to ensure an expeditious dispute resolution process.

Temporary Waiver of Notarization Requirement
Federal Retirement Thrift Investment Board

In light of emergency stay-at-home and shelter-in-place orders issued all over the country, the Federal Retirement Thrift Investment Board (FRTIB) is temporarily waiving the requirement to notarize a spouse’s signature on withdrawal election forms.

Real Estate Appraisals
Department of the Treasury/Office of the Comptroller of the Currency

Coronavirus Federal Regulation: The OCC, Board, and FDIC (collectively, the agencies) are adopting an interim final rule to amend the agencies’ regulations requiring appraisals of real estate for certain transactions.

Changes to Requirements Affecting H-2A Nonimmigrants
Department of Homeland Security

Coronavirus Federal Regulation: Temporarily amend the regulations regarding temporary and seasonal agricultural workers, and their U.S. employers, within the H-2A nonimmigrant classification.

Paycheck Protection Program-Additional Eligibility
Small Business Administration

Coronavirus Federal Regulation: Temporarily adds a new program, titled the “Paycheck Protection Program,” to the SBA’s 7(a) Loan Program. Section 1106 of the Act provides for forgiveness of up to the full principal amount of qualifying loans guaranteed under the Paycheck Protection Program (PPP).

Loans to Executive Officers, Directors, and Shareholder
Federal Reserve System

Coronavirus Federal Regulation: Issues an interim final rule that excepts certain loans that are guaranteed under the Small Business Administration’s Paycheck Protection Program from certain requirements of the Federal Reserve Act and the corresponding provisions of the Board’s Regulation O.

Deposit of Estimated Duties, Taxes, and Fees
Department of Homeland Security/U.S. Customs and Border Protection

Coronavirus Federal Regulation: Temporarily extends deadlines for certain estimated payments, authorizing the Secretary of the Treasury to exercise the authority under the Tariff Act, in consultation with the designee of the Secretary of Homeland Security.

Quality Assurance Requirements
Environmental Protection Agency

Coronavirus Federal Regulation: Amends the emissions reporting regulations applicable to sources that monitor and report emissions under the Acid Rain Program, the Cross State Air Pollution Rule, and the NOX SIP Call, due to the presence of coronavirus.

Business Taxable Income Separately Computed
Department of the Treasury/Internal Revenue Service

Contains proposed regulations that provide guidance on how an exempt organization subject to the unrelated business income tax under the Internal Revenue Code determines if it has more than one unrelated trade or business, and, if so, how the exempt organization calculates unrelated business taxable income.

Minimum Standards for Driver’s Licenses
Department of Homeland Security/Office of the Secretary

This rule delays the date for card-based enforcement of the REAL ID regulations from October 1, 2020 until October 1, 2021.

Paycheck Protection Program Lending Facility
National Credit Union Administration

The NCUA Board (Board) is issuing this interim final rule to make a conforming amendment to its capital adequacy regulation following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Treatment of Pandemic Relief Payments
Bureau of Consumer Financial Protection

The Bureau of Consumer Financial Protection (Bureau) is issuing this interpretive rule to provide guidance to government agencies distributing aid to consumers in response to the COVID-19 pandemic.

Procedures for Exemption From Service Contract
Federal Maritime Commission

The Federal Maritime Commission is revising its procedures for exemptions from the regulatory requirements for service contracts to allow such exemptions to be granted without providing an opportunity for a hearing.

Magnuson-Stevens Act Provisions
Department of Commerce/National Oceanic and Atmospheric Administration

This rule makes allocations of annual catch entitlements to groundfish sectors for the 2020 fishing year and also makes changes to a previously approved regulatory exemption for sectors.

Reserve Requirements of Depository Institutions
Federal Reserve System

To delete the numeric limits on certain kinds of transfers and withdrawals that may be made each month from “savings deposits.”

Paycheck Protection Program-Requirements
Small Business Administration

Coronavirus Federal Regulation: Announcing the implementation of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). The Act temporarily adds a new program, titled the “Paycheck Protection Program,” to the SBA’s 7(a) Loan Program.

Central Liquidity Facility
National Credit Union Administration

Coronavirus Federal Regulation: In response to the coronavirus pandemic, the NCUA Board is issuing this interim final rule to provide credit unions with greater access to liquidity to help ensure they remain operational throughout the crisis.

Filing Fees for Notices of Investments
Department of the Treasury/Office of Investment Security

Coronavirus Federal Regulation: Establishes a fee for parties filing a formal written notice of a transaction for review by the Committee on Foreign Investment in the United States.

Mailing Standards for Coronavirus Related Category B
Postal Service

Coronavirus Federal Regulation: Coronavirus Federal Regulation: Revises Hazardous, Restricted, and Perishable Mail regulations by replacing Publication 52, Hazardous, Restricted, and Perishable Mail, Appendix C, Packaging Instructions 6C, currently incorporated by reference, to support the rapid deployment of coronavirus diagnostic tests using the mail during this public health emergency.

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Coronavirus Federal Legislation

Michael F. Arrigo

Michael is Managing Partner & CEO of No World Borders, a leading healthcare management and IT consulting firm. He serves as an expert witness in Federal and State Court and was recently ruled as an expert by a 9th Circuit Federal Judge. He serves as a patent expert witness on intellectual property disputes, both as a Technical Expert and a Damages expert. He leads a team that provides Cybersecurity best practices for healthcare clients, ICD-10 Consulting, Meaningful Use of Electronic Health Records. He advises legal teams as an expert witness in HIPAA Privacy and Security, medical coding and billing and usual and customary cost of care, the Affordable Care Act and benefits enrollment, white collar crime, False Claims Act, Anti-Kickback, Stark Law, Insurance Fraud, payor-provider disputes, and consults to venture capital and private equity firms on mHealth, Cloud Computing in Healthcare, and Software as a Service. He advises self-insured employers on cost of care and regulations. Arrigo was recently retained by the U.S. Department of Justice (DOJ) regarding a significant false claims act investigation. He has provided opinions on over $1 billion in health care claims and due diligence on over $8 billion in healthcare mergers and acquisitions. Education: UC Irvine - Economics and Computer Science, University of Southern California - Business, studies at Stanford Medical School - Biomedical Informatics, studies at Harvard Medical School - Bioethics. Trained in over 10 medical specialties in medical billing and coding. Trained by U.S. Patent and Trademark Office (USPTO) and PTAB Judges on patent statutes, rules and case law (as a non-attorney to better advise clients on Technical and Damages aspects of patent construction and claims). Mr. Arrigo has been quoted in the Wall Street Journal, New York Times, and National Public Radio.

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