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Federal Register Highlights – 5/28/14

May 28, 2014

Unpublished, time-sensitive and proposed rules for May 28, 2014:

PROPOSED RULE: This proposed rule would establish a prior authorization process for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) items that are frequently subject to unnecessary utilization and would add a contractor’s decision regarding prior authorization of coverage of DMEPOS items to the list of actions that are not initial determinations and therefore not appealable. To be assured consideration, comments must be received no later than 5 p.m. Eastern Standard Time on July 28, 2014. (To submit comments, visit, reference file code CMS–6050–P.)

PROPOSED RULE: The Coast Guard proposes to disestablish the special anchorage area at the north end of the main channel in Marina del Rey Harbor, California. Several marina expansion projects have encroached upon the anchorage. Vessels rarely use the anchorage due to a high volume of traffic moving through it as vessels transit in and out of the harbor. This proposed action will remove the anchorage area from the regulations. Vessels may anchor in the harbor during storms, stress, or other emergency situations. Comments and related material must be received by the Coast Guard on or before June 27, 2014. (To submit comments, visit, reference docket number USCG–2014–0142.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and update clauses and their prescriptions for special contracting methods, major system acquisition, and service contracting to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. The rule also includes the full text of each alternate, rather than only showing the paragraphs that differ from the basic clause. Comments on the proposed rule should be submitted in writing on or before July 28, 2014, to be considered in the formation of a final rule. (To submit comments, visit, reference DFARS Case 2014–D004.)

PROPOSED RULE: This proposed rule would amend regulations of the Department of Commerce’s Bureau of Economic Analysis (BEA) to reinstate the reporting requirements for the BE–13, Survey of New Foreign Direct Investment in the United States, which was discontinued in 2009. BEA is proposing to reinstate this survey to better measure Commerce Department efforts through the ‘‘Build It Here, Sell It Everywhere’’ initiative to expand foreign business investment in the United States and to ensure complete coverage of BEA’s other foreign direct investment statistics. This survey will collect information on the acquisition or establishment of U.S. business enterprises by foreign investors, which was collected on the previous BE–13 survey, and information on expansions by existing U.S. affiliates of foreign companies, which was not previously collected. This mandatory survey would be conducted under the authority of the International Investment and Trade in Services Survey Act (the Act). Unlike other BEA surveys conducted pursuant to the Act, a response would be required from persons subject to the reporting requirements of the BE–13, Survey of New Foreign Direct Investment in the United States, whether or not they are contacted by BEA, in order to insure that respondents subject to the requirements for foreign direct investments in the U.S. are identified. Comments on this proposed rule will receive consideration if submitted in writing on or before 5:00 p.m. July 28, 2014. (To submit comments, visit, reference RIN 0691–XC025.)

PROPOSED RULE: The National Institutes of Health (NIH) proposes to issue regulations to implement provisions of the Public Health Service Act authorizing the NIH Undergraduate Scholarship Program Regarding Professions Needed by National Research Institutes (UGSP). The purpose of the program is to recruit appropriately qualified undergraduate students from disadvantaged backgrounds to conduct research in the intramural research program as employees of the NIH by providing scholarship support. Comments must be received on or before July 28, 2014 to ensure that the NIH will be able to consider the comments in preparing the final rule. (To submit comments, visit, reference RIN 0925–AA10.)

TEMPORARY RULE: NMFS is closing the directed herring fishery in management Area 1B, because it projects that 92 percent of the 2014 catch limit for that area will have been caught by the effective date. This action is necessary to comply with the regulations implementing the Atlantic Herring Fishery Management Plan and is intended to prevent over harvest in Area 1B. Effective 0001 hr local time, May 24, 2014, through December 31, 2014.


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