New regs for Wednesday: same-sex couples, portable air conditioners and sunscreen

Wednesday’s edition of the Federal Register contains new rules from the Department of Labor for unpaid leave to care for a spouse, new rest standards for portable air conditioners from the Energy Department, new determinations from the Food and Drug Administration for sunscreen, and new guidance from the IRS for businesses that offer employees health insurance. 

Same-sex couples: The Department of Labor’s Wage and Hour Division is revising its definition of spouse under the Family and Medical Leave Act of 1993 to include same-sex couples.

The FMLA allows an eligible employee to take up to total of 12 workweeks in a 12-month period for the birth, adoption or foster care placement of a child; to care for a spouse, parent, son or daughter with a serious health condition; or when the employee is unable to work due to the employee’s own serious health condition.

The Labor Department is updating the FMLA regulatory definition of “spouse” to ensure that eligible employees in a legal same-sex marriage can take family medical leave to care for a spouse, regardless of the state in which they reside.

The previous definition of “spouse” did not include same-sex spouses if an employee resided in a state that did not recognize same-sex marriage. 

While the Labor Department said it realizes that not all states recognize same-sex marriages, 32 states, the District of Columbia and 18 countries do.

“Legal recognition of same-sex marriage has expanded rapidly and the department anticipates that the number of States and countries recognizing same-sex marriage will continue to grow,” the agency said in its rule.

The public has 30 days to comment.

Portable air conditioning units: The Department of Energy is considering a rule that would establish test procedures for portable air conditioners.

The agency said it wants to establish technologically feasible, economically justified energy conservation standards for products that can save energy through improved energy efficiency. 

The proposed test procedures will show what the energy consumption levels are when the air conditioner is active, in an off cycle, in standby mode and off.

“Similar to room ACs, portable ACs are standalone appliances designed to operate independently of any other air treatment devices, though they may also be used in conjunction with other pre-existing air treatment devices,” the rule said.

“However, unlike room ACs, portable ACs are not designed as a unit to be mounted in a window or through the wall.”

The public has 75 days to comment.

Sunscreen: The Food and Drug Administration has determined that it does not have enough information to say that two active ingredients in new sunscreen products are safe and effective.

FDA said it needs more information to determine if ecamsule at concentrations up to 10 percent and enzacamene in over-the-counter sunscreens are safe in effective for their intended use, which is to prevent sunburns.

Congress enacted the Sunscreen Innovation Act in November to provide a new process for reviewing the safety and effectiveness of active ingredients in nonprescription sunscreens.

“Given these conditions of use, our safety evaluation of an over-the-counter sunscreen active ingredient such as enzacamene must consider both short-term safety concerns, such as skin sensitization/irritation and photosafety, and potential concerns related to long-term sunscreen use, including potential systemic exposure via dermal absorption.”

 The public has 45 days to comment.

Health Insurance: The IRS is issuing a temporary rule to provide further guidance for the annual fee that’s imposed by the Patient Protection and Affordable Care Act on any business that provides health insurance.

The fee is only imposed on covered entities, which excludes any employer that self-insures its employees’ health risks; any governmental entity; nonprofits; and entities that receive more than 80 percent of its gross revenues from government programs that target low income, elderly, or disabled populations.

The temporary rules bind an entity to its original selection of either the data year of the test year in determining if it qualifies for exclusion.

The temporary rule will take effect immediately.