Federal Register Watch: October 16, 2026 — IRS Proposes Overhaul of Premium Tax Credit Rules

ByEduardo Bacci

October 16, 2026
The Internal Revenue Service Building is located in the center of the Federal Triangle complex in Washington, D.C. It is bounded on the north by Pennsylvania Avenue, and the west by 12th Street. It was built between 1928-1936 by architect Louis Simon. The style is Neoclassical.

Note: The Federal Register had not posted any documents for October 16 at the time of writing. This digest covers the most recent published edition, October 15, 2026 (Volume 91). All details below come from the linked Federal Register documents.

The October 15 edition of the Federal Register carried a mix of health-insurance tax rules, financial-services proposals, a trade-remedy proposal aimed at Spain, and several notices on how federal agencies manage labor relations, airline data and Treasury auctions. Here are the entries most likely to matter to taxpayers, businesses and watchdogs, with comment deadlines noted where the documents set them.

1. IRS proposes sweeping changes to the premium tax credit

The most consequential item is an IRS and Treasury proposed rule on the premium tax credit (REG-101576-26, 91 FR 65494). The credit helps people who buy individual coverage through a health insurance Exchange. According to the preamble, about 15.6 million people are enrolled in Exchange coverage, and roughly 13.5 million of them may be eligible for the credit. The document is designated significant under Executive Order 12866.

The proposal covers several areas. It would exclude plans enrolled through an income-based special enrollment period from the definition of a qualified health plan, unless the enrollment is tied to a qualifying event. It would remove an existing rule that let certain lawfully present immigrants with income below 100 percent of the federal poverty level qualify for the credit. It would also require that, for Exchange enrollments, a coverage month count only if the Exchange has verified residency, citizenship or lawful-presence status and, where advance payments are made, household income, family size and other coverage.

The document would also eliminate the cap on repayment of excess advance payments, so taxpayers would have to repay the full excess amount. The preamble estimates about 3.7 million returns in 2028 would include a repayment. Separately, the proposal addresses people denied Medicaid solely because of the new work or community engagement requirement, treating them as having minimum essential coverage for those months, which affects whether they can claim the credit.

Deadlines: Comments are due November 30, 2026 (Regulations.gov docket IRS-2026-1420). Requests to speak at the hearing, with topic outlines, are also due November 30. Requests to attend are due by 5 p.m. ET on December 4. A telephonic public hearing is scheduled for December 8, 2026, at 10 a.m. ET. The IRS says it certifies no significant economic impact on a substantial number of small entities. Different provisions apply to tax years beginning after December 31 of 2025, 2026 and 2027, according to the document.

2. Federal Maritime Commission proposes remedies against Spain

The Federal Maritime Commission (FMC) published proposed remedies (91 FR 65515, Docket No. 26-14) in an investigation of Spain’s refusal of port access to certain vessels. The Commission opened the investigation in December 2024 after reports that Spain turned away three U.S.-flag vessels enrolled in the Maritime Security Program in November 2024. Trade press reporting at the time, including Maritime Executive, said the denials followed activist protests over claims the ships carried U.S. military supplies to Israel. The FMC’s notice says vessel tracking shows the ships rerouted to Morocco and that Maersk Line Limited calls in Spain have nearly stopped.

The FMC states it has concluded that Spain’s policy creates unfavorable shipping conditions under 46 U.S.C. 42101. It proposes a $200,000 fee on each Spanish-flagged vessel entering a U.S. port, modeled on a $100,000 fee imposed in a 1997 investigation and adjusted for inflation. It also proposes import restrictions on goods in five tariff chapters: perfumery and cosmetics (33), oils and fats (15), ceramics (69), articles of stone (68) and sugar and confectionery (17). The Commission says it may choose a lesser or narrower remedy, and the proposal would let it ask the Department of Homeland Security to refuse clearance or entry to vessels.

Deadline: Comments are due December 14, 2026, through Regulations.gov docket FMC-2026-0463. Comments must be identified by name; anonymous submissions are not accepted. The notice also gives Spain an opportunity to request a hearing. No final determination has been made, and the measures are proposals only.

3. SEC proposes to widen investment-company cross trading

The Securities and Exchange Commission (SEC) proposed amendments to Rule 17a-7 (File No. S7-2026-36, 91 FR 65622), which governs trades between a registered fund and certain affiliates. The SEC says the change is designed to expand the securities eligible for cross trading. Funds could cross trade securities valued using observable inputs (Level 2), not only those with readily available market quotations. Level 3 securities would remain ineligible.

The SEC links the proposal to Rule 2a-5, whose compliance date of September 8, 2022 effectively made most fixed-income securities ineligible. It cites an industry survey reporting more than $200 billion in fixed-income cross trades in 2020 and estimated savings above $300 million. The proposal would shift oversight from board transaction-level review to quarterly chief compliance officer reviews, require at least annual back-testing, and add aggregated monthly reporting on Forms N-PORT and N-MFP. The SEC itself acknowledges conflict-of-interest concerns such as parking, cherry-picking and dumping, which the added safeguards are meant to address.

Deadline: Comments are due December 14, 2026.

4. NCUA proposes three credit-union regulatory changes

The National Credit Union Administration (NCUA) issued three related proposals, each with comments due December 14, 2026. The first would simplify fidelity bond and insurance requirements (docket NCUA-2026-1882). It would let a board delegate bond review to an individual member or a supervisory or audit committee member, remove the automatic 10-year expiration of approved bond forms, and delete the coverage-amount guidance in section 713.5. The NCUA describes the proposal as deregulatory and says it would not compromise safety and soundness.

The second clarifies that federal credit unions do not need an advisory opinion from the Office of General Counsel before petitioning the Board for an activity outside their preapproved incidental powers (docket NCUA-2026-1883). The third, a Central Liquidity Facility proposal, would make permanent changes first adopted through interim final rules in 2020 and 2021 and ease some filing requirements.

5. Airline delay-cause rule pushed to February 2027

The Department of Transportation delayed the effective date of its September 3, 2026 final rule on airline delay and cancellation cause categories until February 1, 2027. The rule had been set to take effect October 19. It removes ten types of events from the Bureau of Transportation Statistics “Air Carrier” cause code, which is meant for causes within the carrier’s control, and creates a new reporting category for them.

According to the document, Airlines for America asked for the extension on September 21, citing the time needed to update reporting systems. DOT agreed, saying a new calendar year would give consumers clearer information and allow Paperwork Reduction Act approvals. DOT waived notice and comment, citing good cause. Under the delay, the new categories would apply to delays and cancellations on or after January 1, 2027.

6. FLRA restores prior rules after court vacatur

The Federal Labor Relations Authority published a final rule (91 FR 65441) and a companion memorandum amendment implementing a court judgment. The document states that on June 29, 2026, the U.S. District Court for the District of Massachusetts held the agency’s March 24, 2026 interim final rule, and its April 23 effective date, arbitrary and capricious in AFGE, AFL-CIO v. FLRA. A July 8 final judgment vacated the rule except for certain minor or technical changes. The FLRA’s notice says it has asked the court to reconsider and will publish a superseding notice if the vacatur is set aside, so the matter remains in litigation.

7. Other notable entries

OPM published a direct final rule updating its FMLA regulations for statutory changes in 2021 and 2023, including counting honorable active military service toward eligibility. Comments are due November 16, 2026, and the rule takes effect December 14 unless OPM receives significant adverse comments. EPA issued a TSCA significant new use rule covering 19 chemical substances, effective December 14, 2026, requiring 90 days’ notice before a designated new use. Treasury’s Fiscal Service amended the Uniform Offering Circular ahead of an auction-system upgrade, requiring individual customer names and amounts for noncompetitive bids.

What to watch for TIJ’s beats

Three threads merit follow-up on accountability grounds. First, the premium tax credit proposal rests on projections, including the 3.7 million repayment estimate, that readers can test against the full preamble and the regulatory impact discussion; the comment record through November 30 will show how insurers, states and consumer groups respond. Second, the DOT delay and the FLRA vacatur illustrate how agencies handle timing and court rulings, and both documents rely on good-cause exceptions to skip notice and comment. Third, the FMC proposal shows how a regulatory trade remedy is being considered over a diplomatic and shipping dispute, with the Commission saying no final determination has been made.

Right of reply: TIJ has not contacted the agencies named above for this digest. Representatives of the agencies, companies or organizations mentioned are invited to submit responses to the newsroom. Featured image: The Internal Revenue Service Building in Washington, D.C., Library of Congress (LCCN2013634121), via Wikimedia Commons, public domain.

Sources: Premium Tax Credit (IRS); FMC Spain investigation; SEC cross trading; DOT delay of effective date; FLRA; Maritime Executive.

ByEduardo Bacci

Investigative journalist and founder of The Investigative Journal. Specializing in OSINT-driven reporting on corporate malfeasance, government accountability, and institutional corruption.