While it has not been nearly as tumultuous as the first time around, the DOL 2.0 rule-making and approval process has already been rocky. There was a great deal of upsettedness over the short comment period. So much so that the DOL reversed course and offered a public hearing to gather more opinions. That was held this week. However, the DOL says no further public hearings or comment period will be extended (despite previously mentioning this possibility). Accordingly, it is looking very much like a rule will be brought forth ahead of the election, significantly in advance of where the timeline looked to be even a few weeks ago.
FINSUM: The DOL is really pushing the pace here. It seems like this might get on the books before the election, but it would still be quite easy for Biden to undo if he takes office.