Regulatory Roundup: Week of May 4 — OCC Doubles Down on State Preemption

ByEduardo Bacci

May 12, 2026

By Eduardo Bacci, The Investigative Journal

The week of May 4–11, 2026 closed with one of the busier regulatory dockets of the second quarter, as agencies on both sides of the deregulatory ledger pushed out rules with real economic consequence. The Office of the Comptroller of the Currency (OCC) sharpened its preemption posture against state interchange-fee laws, the Securities and Exchange Commission (SEC) opened a comment window on an optional semiannual reporting regime that would rewire how public companies talk to investors, and the Department of Health and Human Services (HHS) extended digital accessibility deadlines that thousands of healthcare providers had warned were unworkable. Below is The Investigative Journal’s curated regulatory roundup for the week, with comment deadlines, effective dates and source links to every primary document.

1. OCC interim final actions reaffirm preemption of state interchange-fee laws

The OCC issued two interim final actions clarifying that national banks’ authority to charge interchange and other non-interest fees is grounded in federal law, and that the Illinois Interchange Fee Prohibition Act (IFPA) is preempted. Records from the OCC indicate the actions update 12 CFR 7.4002 to reaffirm that national banks may set fees, including interchange-related charges, “directly or through network arrangements,” according to the agency’s news release and Bulletin 2026-17.

The agency’s interim final order concludes that federal law preempts the IFPA, meaning national banks and federal savings associations are “neither subject to nor required to comply” with the state statute. Filings indicate the actions were published in the Federal Register on April 29, 2026, with comments due May 29, 2026, and an effective date of June 30, 2026. The move lands amid pending Seventh Circuit litigation and a post-Loper Bright environment in which preemption claims carry heightened legal weight.

The economic stakes are substantial. Industry estimates put US interchange revenue at well over $100 billion annually, and other states have signaled interest in similar fee-cap legislation. Practitioners at Consumer Finance Monitor describe the OCC’s posture as the most aggressive preemption assertion in more than a decade.

2. SEC proposes optional semiannual reporting on new Form 10-S

On May 5, the SEC proposed amendments that would allow public companies to elect semiannual reporting in lieu of quarterly Form 10-Q filings. The release describes a new Form 10-S that would carry the same disclosure architecture as Form 10-Q—management’s discussion and analysis, legal proceedings, material risk factor updates and unregistered sales—but on a 40- or 45-day filing cadence after each semiannual period, depending on filer status.

The proposal, posted as File No. S7-2026-15, would also amend Regulation S-X to align financial-statement requirements with the new option. Companies electing the regime would still file an annual 10-K. The comment period closes July 6, 2026.

SEC Chair Paul Atkins has framed the proposal as part of a broader push to lower capital-formation costs, citing US Chamber of Commerce data that suggests quarterly disclosure incentivizes short-termism. Practitioners at Sidley Austin and Skadden have flagged complications for index-eligibility, debt-covenant testing and ratings-agency review cycles. Analysts at the CFA Institute have long opposed semiannual reporting, citing investor-protection concerns; their forthcoming comment will be a closely watched marker.

3. CFPB finalizes narrower Section 1071 small business lending rule

The Consumer Financial Protection Bureau published its final Section 1071 rule on May 1, revising the 2023 Regulation B amendments that implemented the Dodd-Frank small business lending data collection mandate. The final rule narrows covered transactions, lifts the small business definition, prunes required data points and pushes the first compliance date to January 1, 2028. The rule itself becomes effective June 30, 2026.

According to the CFPB’s rule page, the changes “streamline the rule, reduce complexity for lenders, improve data quality, and advance the purposes of section 1071.” Counsel at Arnold & Porter note that the smaller-lender exemption threshold has been raised and that several controversial demographic data points have been recast as optional.

The economic impact reduction is meaningful: industry trade groups have estimated that the prior rule would have imposed billions in cumulative compliance costs on community banks and credit unions. The narrower regime will still produce one of the largest small-business credit datasets ever assembled, with implications for fair-lending enforcement and economic research.

4. HHS extends Section 504 web and mobile accessibility deadlines

HHS’s Office for Civil Rights published an Interim Final Rule on May 11 extending compliance dates for the digital accessibility requirements that flow from the agency’s 2024 Section 504 rulemaking. Recipients of HHS financial assistance with 15 or more employees now have until May 11, 2027 to bring web content and mobile applications into conformity with WCAG 2.1 AA; smaller recipients have until May 10, 2028. The Department’s announcement notes that the IFR responds to documented capacity gaps at community health centers and small hospitals.

The American Council of the Blind flagged concerns that the extension delays equal access for blind and low-vision patients, while disability counsel at Converge Accessibility have warned that the IFR sits in a contested administrative-law posture. The rule is effective May 7, 2026, with public comments accepted through July 6, 2026.

5. EPA withdraws RCRA hazardous waste rulemaking

On May 8, the Environmental Protection Agency withdrew a proposed rule that would have amended the Resource Conservation and Recovery Act’s (RCRA) definition of hazardous waste for purposes of corrective action. The SBA’s Office of Advocacy summarized the move as part of the administration’s broader regulatory-reduction push.

EPA also extended the postponement of certain provisions of its 2024 trichloroethylene (TCE) rule under the Toxic Substances Control Act, pending resolution of federal litigation. Industrial users had argued the exemption window in the original rule was too short to allow safe substitution. The agency’s notice cites the “orderly administration” rationale common to TSCA stay extensions.

Together the actions reflect an EPA that is selectively pausing rather than rewriting underlying programs, a pattern that environmental groups argue is functionally deregulatory while industry views as overdue reset.

6. Treasury Fiscal Service streamlines Title 31 through direct final rule

The Treasury Department’s Bureau of the Fiscal Service published a direct final rule, “Eliminating Unnecessary Regulations,” on May 6, removing provisions of Title 31 of the Code of Federal Regulations that Fiscal Service determined are obsolete or have no current applicability. The rule is effective July 6, 2026 absent significant adverse comment by June 5, 2026.

The action implements the President’s deregulatory executive orders by category-pruning rather than rewriting substantive policy. While the dollar impact is modest—Fiscal Service does not estimate any cost savings—the use of the direct-final-rule mechanism is notable. Direct final rulemaking allows agencies to skip a separate notice-and-comment cycle when they expect no controversy, and the OMB’s Office of Information and Regulatory Affairs has signaled it expects expanded use of the tool across agencies in 2026.

7. USDA finalizes Whole Milk for Healthy Kids implementing rule

The Department of Agriculture issued a final rule on May 8 implementing the Whole Milk for Healthy Kids Act, restoring whole and reduced-fat (2%) milk options across federal Child Nutrition Programs administered by the Food and Nutrition Service. Secretary Brooke Rollins framed the rule as a return to parental and nutritional flexibility in school meal programs.

A companion SNAP stocking-standards final rule published earlier in the week tightens variety requirements for retailers participating in the Supplemental Nutrition Assistance Program. Records suggest the combined rules touch tens of thousands of schools and roughly 250,000 SNAP-authorized retailers. Both rules emerge from a USDA regulatory agenda that has been notably more active than other agencies under the second-term deregulatory posture.

8. FMCSA reschedules cluster of trucking rulemakings for May docket

The Federal Motor Carrier Safety Administration moved several rulemakings into a May 2026 docket window, including a second broker transparency Notice of Proposed Rulemaking (NPRM), revised new-entrant safety assurance procedures, entry-level driver training tweaks, and a long-awaited framework for Automated Driving System-equipped commercial motor vehicles. According to Honigman’s DOT outlook, the first broker transparency NPRM generated more than 5,000 comments in late 2024 and the agency has been signaling a more measured approach this time.

Transportation Secretary Sean Duffy announced a related red-tape package covering FHWA, NHTSA and FMCSA, identifying outdated requirements that the Department says cost regulated parties more than $1 billion annually. Industry groups have welcomed the broker-transparency revisit; consumer-side groups have flagged concerns about freight-market opacity if the agency narrows disclosure obligations.

9. FTC seeks comment on Negative Option Rule amendments

The Federal Trade Commission continues to advance its review of the Prenotification Negative Option Rule, with the comment record closed in April and a staff recommendation expected in the coming weeks. Practitioners at Benesch note that the FTC under Chair Andrew Ferguson has pivoted away from sweeping new rulemakings and toward enforcement of existing subscription, “Made in USA,” children’s privacy and junk-fee authorities. The 16 CFR Part 464 junk-fee rule, which took effect in May 2025, remains the agency’s most consequential consumer-facing instrument.

10. State watch: California AI procurement order and New Jersey ABC test rule

California Governor Gavin Newsom’s Executive Order N-5-26 directs state agencies to develop AI procurement and use standards. Filings indicate the order will function as de facto regulatory obligations on developers and deployers serving the California public sector, with implications well beyond state borders given California’s market weight. The federal government has signaled a willingness to challenge restrictive state AI laws, setting up a likely federalism flashpoint in the second half of 2026.

Separately, the New Jersey Department of Labor adopted final regulations codifying the state’s ABC test for independent contractor classification under unemployment, wage-and-hour and wage-payment laws. The final rule, summarized by Littler, drops several industry-specific examples that drew sharp business-community comment. The operative date is October 1, 2026. The federal Department of Labor’s parallel independent contractor NPRM remains in proposed status; comments closed in early May.

Beat coverage: regulations on TIJ’s watch list

Several items in the week’s docket sit squarely on TIJ’s accountability beats. The OCC preemption package is consequential for the consumer-finance accountability beat and will likely produce litigation discovery worth tracking. The SEC semiannual reporting proposal raises disclosure-transparency questions central to corporate-accountability journalism. The HHS Section 504 extension affects beneficiary access at federally funded health programs, where TIJ has previously reported on compliance gaps. And the bundle of FMCSA and broader DOT actions will shape last-mile, freight-broker and autonomous-trucking coverage for the rest of the year.

Comment deadlines worth flagging: May 29, 2026 (OCC interchange interim actions); June 5, 2026 (Treasury Title 31 cleanup); July 6, 2026 (SEC semiannual reporting and HHS Section 504 extension); July 7, 2026 (FEMA IPAWS information collection); and July 10, 2026 (SAMHSA information collection). TIJ will return with a fuller comment-period tracker in next week’s roundup.

The Investigative Journal welcomes corrections and right-of-reply. Email tips@tij.news.

ByEduardo Bacci

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