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Federal Register Highlights – 10/9/14

October 9, 2014

Unpublished, time-sensitive and proposed rules for October 9, 2014:

PROPOSED RULE: This proposed rule would revise the current conditions of participation (CoPs) that home health agencies (HHAs) must meet in order to participate in the Medicare and Medicaid programs. The proposed requirements would focus on the care delivered to patients by home health agencies, reflect an interdisciplinary view of patient care, allow home health agencies greater flexibility in meeting quality care standards, and eliminate unnecessary procedural requirements. These changes are an integral part of our overall effort to achieve broad-based, measurable improvements in the quality of care furnished through the Medicare and Medicaid programs, while at the same time eliminating unnecessary procedural burdens on providers. To be assured consideration, comments must be received no later than 5 p.m. on December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number CMS–3819–P. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) proposes to establish in regulation, for State Unemployment Insurance (UI) program purposes, occupations that regularly conduct drug testing. These regulations would implement the Middle Class Tax Relief and Job Creation Act of 2012 (the Act) amendments to the Social Security Act (SSA), permitting States to enact legislation that would allow State UI agencies to conduct drug testing on unemployment compensation (UC) applicants for whom suitable work (as defined under the State law) is only available in an occupation that regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor (Secretary)). States may deny UC to an applicant who tests positive for drug use under these circumstances. The Secretary is required under the SSA to issue regulations determining those occupations that regularly conduct drug testing. To be ensured consideration, comments must be submitted in writing on or before December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 1205–AB63.. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The U.S. Department of Energy is proposing to revise its test procedure for external power supplies. These proposed revisions, if adopted, would harmonize the instrumentation resolution and uncertainty requirements with the second edition of the International Electrotechnical Commission (IEC) 62301 standard when measuring standby power along with other international standards programs. The proposal would also clarify certain testing set-up requirements. Finally, DOE is proposing an optional test to measure the active-mode efficiency at a 10% loading condition and an optional recording of power factor at this loading condition and each of the other required loading conditions. DOE will accept comments, data, and information regarding this notice of proposed rulemaking no later than December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number EERE–2014–BT–TP–0043. Commenting page was not available at the time of this posting.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service, propose to list Trichomanes punctatum ssp. floridanum (Florida bristle fern), a plant subspecies from Miami-Dade and Sumter Counties in Florida, as an endangered species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act’s protections to this plant and add this plant to the Federal List of Endangered and Threatened Plants. We will accept comments received or postmarked on or before December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number FWS–R4–ES–2014–0044. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Bureau of Indian Affairs is proposing to amend its regulations governing Secretarial elections and procedures for tribal members to petition for Secretarial elections. This proposed rule reflects changes in the law and the requirement that regulations be written in plain language. Comments must be received on or before December 17, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number BIA–2014–0006. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Mine Safety and Health Administration (MSHA) proposes to amend the Agency’s regulations for administering fees for testing, evaluation, and approval of products manufactured for use in mines. This proposed rule would revise the fees charged for these services. The proposed rule also would include a fee for approval services that MSHA provides to applicants or approval holders under the existing rule, but for which the Agency currently does not charge a fee, and for other activities required to support the approval process. Comments must be received or postmarked by midnight Eastern Daylight Saving Time on November 10, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number MSHA–2014–0016. Commenting page was not available at the time of this posting.)

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