Federal Register Roundup: Mine Safety Hearing, FCC Spectrum Auction, Treasury Civil Rights Rule Among Key August Actions

Treasury Rescinds Disparate-Impact Rules Under Title VI

The most immediately consequential action takes effect August 3, 2026: the Department of the Treasury has issued a final rule amending its regulations implementing Title VI of the Civil Rights Act of 1964 to eliminate disparate-impact liability. The rule rescinds the full text of 31 CFR 22.4(b)(2), which had prohibited the utilization of "criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin." It also removes the phrase "or effect" from two places in 31 CFR 22.4(b)(3), rescinds the full text of 31 CFR 22.4(b)(6), and rescinds 31 CFR 22.4(c)(2), which addressed employment practices subject to Federal financial assistance.

The rule states that these changes align the Department's regulations with Title VI's "original public meaning," which, the rule explains, prohibits only intentional discrimination. The rule cites the Supreme Court's holding in Alexander v. Sandoval, 532 U.S. 275 (2001), as calling into "serious doubt" the legality of the Department's prior disparate-impact regulations, and further notes that Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), reinforces that agencies cannot extend Title VI beyond its original public meaning. The rule also conforms to Executive Order 14281, "Restoring Equality of Opportunity and Meritocracy," 90 FR 17537 (Apr. 23, 2025), which directed the Attorney General to initiate action to repeal or amend Title VI implementing regulations for all agencies to the extent they contemplate disparate-impact liability. The Department additionally states the revisions align with changes to the Department of Justice's Title VI regulations published on December 10, 2025 (90 FR 57141). The rule makes clear that the Department will not pursue Title VI disparate-impact liability against its Federal-funding recipients.

FCC Schedules Upper C-Band Auction for April 27, 2027

The Federal Communications Commission has announced Auction 115, an auction of 3,248 new flexible-use licenses in the 3.98–4.14 GHz band scheduled for April 27, 2027. The FCC's Office of Economics and Analytics (OEA) and Wireless Telecommunications Bureau (WTB) are seeking comment on the competitive bidding procedures and auction design for Auction 115. The notice states that Auction 115 responds to both surging demand for mid-band spectrum and congressional direction in Section 40002(b)(2) of Public Law 119-21 to grant licenses for spectrum in the 3.98–4.2 GHz band through competitive bidding completed not later than two years after July 4, 2025.

OEA and WTB propose an auction design with an ascending clock phase for bidding on generic license blocks, followed by an assignment phase to determine frequency-specific license assignments. The proceeding is designated as a "permit-but-disclose" proceeding under the Commission's ex parte rules. Comments are due on or before August 24, 2026, and reply comments are due on or before September 8, 2026. The complete text of the public notice, including Attachment A covering the license inventory, proposed bidding units, upfront payments, and minimum opening bid amounts, is available at www.fcc.gov/auction/115.

MSHA Reopens Comment Period on Mine Ventilation Rule, Sets September Hearing

The Mine Safety and Health Administration (MSHA) is reopening the rulemaking record and scheduling a virtual public hearing on its proposed rule "Ventilation Plan Approval Criteria," originally published on July 1, 2025 (90 FR 28443). The proposal would eliminate the authority given to the District Manager in 30 CFR 75.371 to require additional provisions in ventilation control plans. MSHA notes the original rule opened a 30-day public comment period, which was extended an additional 30 days until September 2, 2025 (90 FR 34406). During that comment period, MSHA received a request for a public hearing, prompting the reopening and hearing announcement.

The virtual public hearing will be held on September 16, 2026, beginning at 9:00 a.m. Eastern Time and ending after the last presenter speaks. The hearing will open with a statement from MSHA, followed by an opportunity for members of the public to make oral presentations. The rule is designated as economically significant. Those who wish to speak are asked to register by 11:59 p.m. Eastern Time on September 11, 2026; unregistered speakers will be called after all registered participants have spoken. A verbatim transcript will be prepared and made part of the rulemaking record. All new written comments must be received or postmarked by 11:59 p.m. Eastern Time on September 30, 2026; previously submitted comments do not need to be resubmitted. The contact for further information is Corliss A. Josephs-Conway, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at 202-693-9440.

Intel Seeks Foreign-Trade Subzone Expansion in Chandler, Arizona

The City of Phoenix, as grantee of Foreign-Trade Zone 75, has submitted an application to the FTZ Board on behalf of Intel Corporation requesting an expansion of Subzone 75C. The application was formally docketed on July 30, 2026. The applicant is requesting to add three additional sites: Site 7 (3.1 acres) at 6615 W Frye Road, Chandler, Arizona; Site 8 (0.34 acres) at 6760 W Chicago Street, Chandler, Arizona; and Site 9 (4.5 acres) at 555 E Queen Creek Road, Building B, Suite 90 and 100, Chandler, Arizona. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and FTZ Board regulations at 15 CFR part 400. Qahira El-Amin of the FTZ Staff has been designated as examiner to review the application and make recommendations to the FTZ Board. The closing period for public comments is September 14, 2026, with rebuttal comments accepted through September 28, 2026.

USDA Seeks Extension of Tobacco Reporting Collection

The Agricultural Marketing Service (AMS) is seeking approval from the Office of Management and Budget to extend and revise its currently approved information collection, "Tobacco Report" (OMB No. 0581-0004), whose approval is set to expire on September 30, 2026. The collection is authorized under the Tobacco Statistics Act of 1929 (7 U.S.C. 501-508) and governed by regulations at 7 CFR part 30. AMS explains that the basic purpose of the collection is to ascertain the total supply of unmanufactured tobacco available to domestic manufacturers and to calculate the amount consumed in manufactured tobacco products. Tobacco stocks reporting is mandatory, with inventory information reported quarterly as of January 1, April 1, July 1, and October 1 of each year and due within 15 days of those dates. AMS estimates 44 respondents, 176 total annual responses, and a total annual burden on respondents of 156 hours, with an average of 0.88 hours per response. The Quarterly Report of Manufacture and Sales of Snuff, Smoking and Chewing Tobacco is voluntary, with all major tobacco manufacturers having agreed to furnish information to AMS. Comments will be considered if received by October 2, 2026.

What to Watch

• August 24, 2026 — Initial comments due on FCC Auction 115 competitive bidding procedures.
• September 8, 2026 — Reply comments due on FCC Auction 115 procedures.
• September 11, 2026 — Deadline to register to speak at the MSHA ventilation rule virtual hearing.
• September 14, 2026 — Closing period for public comments on Intel's FTZ 75 subzone expansion application.
• September 16, 2026 — MSHA virtual public hearing on Ventilation Plan Approval Criteria, 9:00 a.m. Eastern Time.
• September 28, 2026 — Rebuttal comments close for Intel FTZ subzone expansion.
• September 30, 2026 — Expiration of OMB approval for USDA Tobacco Report collection; also the deadline for all written comments on the MSHA ventilation proposed rule.
• October 2, 2026 — USDA AMS comments due on Tobacco Report information collection extension.
• April 27, 2027 — FCC Auction 115 (Upper C-band) scheduled to begin.

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