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Federal Register Roundup: IRS, SEC, NMFS, and Postal Commission Actions, June 22, 2026
Five agencies publish information-collection renewals, a marine mammal harassment authorization, and new postal product filings in a single day's Federal Register.
IRS Invites Comment on Two Information Collections
The Internal Revenue Service is soliciting public comments on two existing, unchanged information collections, both with a comment deadline of August 21, 2026.
The first concerns the Residence of Trusts and Estates (OMB Control Number 1545-1600, TD 8813). The notice explains that Section 1161 of the Taxpayer Relief Act of 1997 allows a trust that existed on August 20, 1996 and was treated as a United States person on August 19, 1996 to elect to continue to be treated as a United States person, notwithstanding Section 7701(a)(30)(E) of the Internal Revenue Code. The regulation provides the procedure and requirements for making that election, which requires the IRS to collect information. The collection is characterized as an extension of a currently approved collection with no change. The IRS estimates 222 responses annually, at 30 minutes per response, for an estimated total annual burden of 114 hours.
The second collection covers Escrow Funds and Other Similar Funds (OMB Control Number 1545-1631, TD 9249). The notice explains that Section 468B(g) of the Code requires that escrow accounts, settlement funds, and similar funds be subject to current taxation either as grantor trusts or otherwise. The final regulations address the taxation and reporting of income earned on qualified settlement funds and certain other escrow accounts, trusts, and funds, affecting qualified settlement funds, escrow accounts established in connection with sales of property, disputed ownership funds, and the parties to those arrangements. Under the collection, an election statement is filed for a qualified settlement fund (QSF) that has elected grantor trust treatment, and a statement is required from a transferor with respect to the transfer of cash or property to a disputed ownership fund. This collection is also an extension with no change; the IRS estimates 9,300 responses annually, at 24 minutes per response, for an estimated total annual burden of 3,720 hours.
For both collections, the IRS invites comment on the necessity and practical utility of the information, the accuracy of burden estimates, ways to enhance quality and clarity, ways to minimize respondent burden, and estimates of capital or start-up costs. Comments become a matter of public record.
SEC Seeks OMB Renewal for Rule 3a-8 Safe Harbor Recordkeeping
The Securities and Exchange Commission is submitting to OMB a request for extension of the information collection associated with Rule 3a-8 under the Investment Company Act of 1940 (OMB Control Number 3235-0574, 17 CFR 270.3a-8). The rule serves as a nonexclusive safe harbor from investment company status for certain research and development companies.
According to the notice, the rule requires the board of directors of an R&D company seeking to rely on the safe harbor to adopt an appropriate resolution evidencing that the company is primarily engaged in a non-investment business, and to record that resolution contemporaneously in its minute books or comparable documents. The company must retain these records only as long as required by state law. The rule also requires the board to adopt a written policy with respect to the company's capital preservation investments. The notice states that the collection is voluntary because the rule is an exemptive safe harbor, and R&D companies may choose whether to rely on it.
The notice explains the purposes of the requirements: to ensure that the board of directors of an R&D company is involved in determining whether the company should be considered an investment company subject to regulation under the Act, and to ensure adequate records are available for Commission review. The Commission staff estimates that approximately 721,792 R&D companies may take advantage of Rule 3a-8. Because board resolutions and investment guidelines generally need to be adopted only once unless relevant circumstances change, and because the Commission believes all R&D companies that existed prior to the rule's adoption completed these steps in 2003 when the rule was adopted, Commission staff estimates there is no annual recordkeeping burden associated with the rule's requirements. The Commission nonetheless requests authorization to maintain an inventory of one burden hour for administrative purposes.
NMFS Issues Renewal IHA for HEX Operating Natural Gas Activities in Cook Inlet
The National Marine Fisheries Service (NMFS), under the Commerce Department's National Oceanic and Atmospheric Administration, has issued a renewal incidental harassment authorization (IHA) to HEX Operating, LLC (formerly Furie Operating Alaska, LLC) to incidentally harass marine mammals incidental to natural gas activities in Cook Inlet, Alaska. The renewal IHA is valid from September 13, 2026 through September 12, 2027.
The notice explains that the Marine Mammal Protection Act (MMPA) prohibits the "take" of marine mammals with certain exceptions, and that Sections 101(a)(5)(A) and (D) of the MMPA direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental but not intentional taking of small numbers of marine mammals by U.S. citizens engaged in a specified activity within a specified geographical region if certain findings are made. Authorization for incidental takings must be granted if NMFS finds that the taking will have a negligible impact on the species or stock and will not have an unmitigable adverse impact on availability of the species or stock for subsistence uses where relevant. NMFS must also prescribe permissible methods of taking and other means of effecting the least practicable adverse impact on affected species, their habitat, and their availability for subsistence uses.
The notice describes the renewal process: NMFS regulations at 50 CFR 216.107(e) indicate that IHAs may be renewed for additional periods not to exceed 1 year for each reauthorization. According to the notice, in the initial IHA proposal (89 FR 51102, June 14, 2024), NMFS described the circumstances under which it would consider issuing a renewal and requested public comment on a potential renewal. A one-time 1-year renewal may be issued following notice to the public providing an additional 15 days for public comment, when either up to another year of identical or nearly identical activities is planned, or the activities described in the initial IHA notice would not be completed by the time the initial IHA expires. The notice states that on September 12, 2024, NMFS issued two consecutive IHAs to Furie for activities supporting natural gas production in Cook Inlet, effective from September 13, 2024 through September 12, 2025.
Postal Regulatory Commission Notices Three New Fulfillment and Mid-Market Product Filings
The Postal Regulatory Commission published notice of three USPS requests to add new standardized distinct products to the Competitive product list, all accepted on June 16, 2026, and all reviewed under summary proceedings pursuant to 39 CFR 3041.325(c)(2) and 39 CFR 3041.505(f)(1).
The three filings are: (1) Docket Nos. MC2026-277 and K2026-274, a request to add a new Fulfillment Standardized Distinct Product, PM-GA Contract 1017; (2) Docket Nos. MC2026-278 and K2026-275, a request to add a new Fulfillment Standardized Distinct Product, PM-GA Contract 1018; and (3) Docket Nos. MC2026-279 and K2026-276, a request to add a new Mid-Market Standardized Distinct Product, PM-GA Contract 1019. All three cite 39 U.S.C. 3642 and 3633, 39 CFR 3035.105, and 39 CFR 3041.325 as filing authority.
The notice explains that standardized distinct products are negotiated service agreements that are variations of one or more Competitive products, and for which financial models, minimum rates, and classification criteria have undergone advance Commission review. Because these requests are processed as summary proceedings, the Commission does not appoint a Public Representative or request public comment, per 39 CFR 3041.405(c)-(d). Non-public portions of the filings may be accessed through compliance with the requirements of 39 CFR 3011.301.
What to Watch
- August 21, 2026: Deadline for public comments to the IRS on both the Residence of Trusts and Estates (TD 8813) and Escrow Funds and Other Similar Funds (TD 9249) information collections.
- September 13, 2026: Effective start date of NMFS's renewal IHA for HEX Operating, LLC in Cook Inlet, Alaska, running through September 12, 2027.
Sources
24 citedEvery hard fact above is grounded in and cited to a primary source record.
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Written comments on the IRS Residence of Trusts and Estates collection should be received on or before August 21, 2026 to be assured of consideration.
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Section 1161 of the Taxpayer Relief Act of 1997 allows a trust that existed on August 20, 1996 and was treated as a United States person on August 19, 1996 to elect to continue to be treated as a United States person.
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The Residence of Trusts and Estates collection carries OMB Control Number 1545-1600 and Regulation Number TD 8813.
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The IRS estimates 222 responses annually for the Residence of Trusts and Estates collection, at 30 minutes per response, for an estimated total annual burden of 114 hours.
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Written comments on the IRS Escrow Funds and Other Similar Funds collection should be received on or before August 21, 2026 to be assured of consideration.
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The Escrow Funds and Other Similar Funds collection carries OMB Control Number 1545-1631 and Regulation Project Number TD 9249.
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Section 468B(g) requires that escrow accounts, settlement funds, and similar funds be subject to current taxation either as grantor trusts or otherwise.
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The IRS estimates 9,300 responses annually for the Escrow Funds and Other Similar Funds collection, at 24 minutes per response, for an estimated total annual burden of 3,720 hours.
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The SEC is submitting to OMB a request for extension of the information collection for Rule 3a-8 under the Investment Company Act of 1940, OMB Control Number 3235-0574, 17 CFR 270.3a-8.
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Rule 3a-8 serves as a nonexclusive safe harbor from investment company status for certain research and development companies.
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The rule requires the board of directors of an R&D company to adopt an appropriate resolution evidencing that the company is primarily engaged in a non-investment business and record it contemporaneously in its minute books or comparable documents.
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The rule requires the board of directors of a company that relies on the safe harbor to adopt a written policy with respect to the company's capital preservation investments.
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Commission staff estimates that approximately 721,792 R&D companies may take advantage of Rule 3a-8.
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The Commission believes that all R&D companies that existed prior to the adoption of Rule 3a-8 adopted their board resolutions and established written investment guidelines in 2003 when the rule was adopted.
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Commission staff estimates there is no annual recordkeeping burden associated with Rule 3a-8's requirements, but the Commission requests authorization to maintain an inventory of one burden hour for administrative purposes.
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NMFS has issued a renewal incidental harassment authorization to HEX Operating, LLC (formerly Furie Operating Alaska, LLC) to incidentally harass marine mammals incidental to natural gas activities in Cook Inlet, Alaska.
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The renewal IHA is valid from September 13, 2026 through September 12, 2027.
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NMFS regulations at 50 CFR 216.107(e) indicate that IHAs may be renewed for additional periods not to exceed 1 year for each reauthorization.
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In the initial IHA proposal published at 89 FR 51102, June 14, 2024, NMFS described the circumstances under which it would consider issuing a renewal and requested public comment on a potential renewal.
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On September 12, 2024, NMFS issued two consecutive IHAs to Furie for activities supporting natural gas production in Cook Inlet, effective from September 13, 2024 through September 12, 2025.
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The Postal Regulatory Commission noticed three USPS filings accepted on June 16, 2026: Docket Nos. MC2026-277 and K2026-274 (PM-GA Contract 1017, Fulfillment Standardized Distinct Product), MC2026-278 and K2026-275 (PM-GA Contract 1018, Fulfillment Standardized Distinct Product), and MC2026-279 and K2026-276 (PM-GA Contract 1019, Mid-Market Standardized Distinct Product).
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All three postal filings cite 39 U.S.C. 3642 and 3633, 39 CFR 3035.105, and 39 CFR 3041.325 as filing authority.
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Standardized distinct products are negotiated service agreements that are variations of one or more Competitive products, for which financial models, minimum rates, and classification criteria have undergone advance Commission review.
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Because the postal requests are processed as summary proceedings, the Commission does not appoint a Public Representative or request public comment, per 39 CFR 3041.405(c)-(d).
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