Federal Register Watch is The Investigative Journal’s daily review of the rules, proposals, and notices moving through the federal regulatory pipeline. Today’s installment covers the September 1, 2026 edition — the most recent issue published — along with documents placed on public inspection ahead of today’s edition.
The September 1 edition of the Federal Register ran 116 documents: 14 final rules, five proposed rules, and 97 notices, according to the Federal Register’s table of contents. The heaviest action came from transportation and banking regulators, with the Department of Transportation locking in a streamlined environmental review regime and two federal banking agencies finalizing a long-debated definition of “unsafe or unsound practice.” Below are the entries most likely to matter to businesses, taxpayers, and the agencies’ own oversight communities.
DOT finalizes streamlined NEPA review procedures, effective immediately
The Federal Highway Administration, Federal Railroad Administration, and Federal Transit Administration published a final rule adopting, with minor technical changes, the interim final rule the agencies issued on July 3, 2025 revising their National Environmental Policy Act implementing procedures. According to the rule text, the revisions respond to the removal of the Council on Environmental Quality’s government-wide NEPA regulations, the BUILDER Act amendments enacted in the Fiscal Responsibility Act of 2023, the efficiency provisions of the 2021 Infrastructure Investment and Jobs Act, and the Supreme Court’s decision in Seven County Infrastructure Coalition.
The rule took effect September 1, the day of publication. The agencies state they reviewed public comments received during a 30-day comment window on the interim rule before finalizing. The practical stakes are considerable: these procedures govern how highway, rail, and transit projects across the country clear environmental review, and project sponsors, state DOTs, and environmental litigants will all be operating under the finalized framework as major infrastructure dollars continue to move. Background on the department’s environmental review policies is available from the Department of Transportation.
OCC and FDIC redefine “unsafe or unsound practice” and rein in MRAs
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation adopted a final rule defining the term “unsafe or unsound practice” for purposes of section 8 of the Federal Deposit Insurance Act — the provision underpinning much of the agencies’ enforcement authority — and revising the supervisory framework for issuing matters requiring attention (MRAs) and other supervisory communications. The rule takes effect November 2, 2026.
Bank supervision practitioners have long debated how much discretion examiners should have to direct bank behavior through MRAs, which are supervisory findings rather than formal enforcement actions. Codifying a definition of “unsafe or unsound” narrows the space for examiner judgment and gives banks a clearer standard to contest. In a companion action, the OCC separately issued a proposed rule revising how it handles MRAs issued in response to violations of laws or regulations, and how it addresses violations that do not result in an enforcement action or MRA. Comments on the OCC proposal close October 1, 2026. Materials from the agency are available at occ.gov.
FinCEN moves to cut off Banque Misr’s UAE branches from U.S. banking
The Treasury Department’s Financial Crimes Enforcement Network issued a notice of proposed rulemaking under section 311 of the USA PATRIOT Act finding the five United Arab Emirates-based branches of Banque Misr — collectively, Banque Misr UAE — to be of “primary money laundering concern.” The proposed special measure would prohibit U.S. financial institutions from opening or maintaining correspondent accounts for Banque Misr UAE, require reasonable steps to avoid processing transactions involving the branches through foreign banks’ U.S. correspondent accounts, and impose special due diligence obligations.
Section 311 designations are among Treasury’s most potent financial tools, and filings indicate this action targets the UAE branch network specifically rather than the parent institution as a whole. It bears emphasis that this is a proposal, not a final action: the finding reflects FinCEN’s assessment rather than a judicial determination, and the institution and other interested parties may respond through the rulemaking process. Comments close October 1, 2026. Related announcements are published at fincen.gov.
FDIC implements reciprocal deposit changes from the ROAD to Housing Act
The FDIC published an interim final rule amending its brokered deposit regulations to conform with section 902 of the 21st Century ROAD to Housing Act, which changed the treatment of reciprocal deposits under section 29 of the Federal Deposit Insurance Act effective July 11, 2026. The agency states the rule also clarifies the reciprocal deposit framework “to facilitate and simplify compliance.”
Reciprocal deposit networks let community banks offer customers deposit insurance on large balances by swapping deposits with other participating banks; how much of that funding escapes the “brokered” label affects banks’ regulatory ratios and funding costs. The rule is already effective, but the FDIC is accepting public comment — the comment period closes October 1, 2026 — leaving room for adjustments. Agency materials are at fdic.gov.
DOE rescinds dormant cellulosic biofuel incentive program
The Department of Energy published a final rule rescinding the regulatory framework for cellulosic biofuel production incentives, which the department describes as “an inactive regulatory framework.” The rescission takes effect October 1, 2026. Notably, the rule is issued by the Office of Critical Minerals and Energy Innovation — the office formerly known as the Office of Energy Efficiency and Renewable Energy — a renaming that itself signals the department’s shifting priorities toward critical minerals. The practical effect on producers appears limited given the program’s dormancy, but the entry is a data point in the administration’s broader effort to clear unused regulatory structures from the books. Departmental information is at energy.gov.
Procurement watch: Cost Accounting Standards trimmed and thresholds raised
The Office of Management and Budget’s Cost Accounting Standards Board issued two final rules of note to government contractors. The first rescinds CAS 407, the standard governing use of standard costs for direct material and labor, to conform the CAS regime with Generally Accepted Accounting Principles. The second raises monetary thresholds tied to CAS program requirements. Both follow notice-and-comment rulemaking and take effect October 1, 2026. For contractors, fewer CAS-unique requirements mean lower compliance costs; for oversight bodies, the continuing conformance project shifts more weight onto GAAP and auditors. These are the sorts of quiet procurement changes that determine how tens of billions in federal contract costs get measured.
Also notable: park trails, FBI whistleblower rules
The National Park Service proposes to streamline the procedures for designating park roads and trails for bicycle use, stating the changes would remove unnecessary requirements while preserving public involvement “when needed.” Cycling and conservation groups are likely to read that phrase differently. Comments close November 2, 2026.
The Justice Department issued technical amendments to 28 CFR part 27, the regulations protecting FBI whistleblowers, conforming the provisions to a restructuring of the Justice Management Division. The department characterizes the changes as technical; given this publication’s standing interest in whistleblower channels, we will be watching whether the reorganization alters where FBI employees direct protected disclosures in practice.
On TIJ’s radar: today’s edition
Documents on public inspection for publication in today’s September 2 edition include three items squarely on this publication’s investigative beats: a U.S. Trade Representative notice on conforming amendments to Section 301 product exclusions in the China technology-transfer action; a U.S. Customs and Border Protection proposed rule on heightened import disclosures for supply chain visibility; and a Small Business Administration notice tightening commercialization benchmarks for firms drawing SBIR/STTR research funding. The CBP proposal in particular — arriving amid sustained scrutiny of Chinese-linked logistics and e-commerce import channels — merits close attention, and we will cover it in tomorrow’s digest once the full text publishes.
All items above are drawn from the public record of the Federal Register; readers can verify each document at the links provided. Where actions are proposals, affected parties retain the opportunity to respond through the open comment dockets noted.