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Federal Register Highlights – 5/25/16

May 25, 2016

Unpublished, time-sensitive and proposed rules for May 25, 2016:

PROPOSED RULE: Under the Digital Millennium Copyright Act (“DMCA”), the U.S. Copyright Office is required to maintain a current directory of agents that have been designated by online service providers to receive notifications of claimed infringement. Since the DMCA’s enactment in 1998, online service providers have used a paper form to designate agents with the Copyright Office, and the Office has made scanned copies of those paper forms available to the public by posting them on the Office’s Web site. In 2011, the Copyright Office issued a notice proposing updated regulations governing the designation of agents under the DMCA in anticipation of the creation of a new online system though which service providers could more efficiently designate agents with the Copyright Office and the public could more easily search for such agents. With the development of this electronic system approaching completion, this notice proposes an amendment of the Office’s regulations to lower the fee for designating an agent under the DMCA. Written comments must be received no later than 11:59 p.m. Eastern Time on June 24, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. RM 2011–6.)

PROPOSED RULE: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to create an annual representation within the System for Award Management for vendors to indicate if and where they publicly disclose greenhouse gas emissions and greenhouse gas reduction goals or targets. This information will help the Government assess supplier greenhouse gas management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions, as directed in the Executive Order on Planning for Federal Sustainability in the Next Decade. Interested parties should submit written comments to the Regulatory Secretariat Division on or before July 25, 2016 to be considered in the formation of the final rule. (To submit comments, visit www.regulations.gov, reference FAR Case 2015–024.)

PROPOSED RULE: In this document, the Commission proposes amendments to its rules to facilitate a transition from outdated text telephone (TTY) technology to a reliable and interoperable means of providing real- time text (RTT) communication for people who are deaf, hard of hearing, speech disabled, and deaf-blind over Internet Protocol (IP) enabled networks and services. Comments are due July 11, 2016 and Reply Comments are due July 25, 2016. (To submit comments, visit the Commission’s Web site http://apps.fcc.gov/ecfs/. Filers should follow the instructions provided on the Web site for submitting comments. For ECFS filers, in completing the transmittal screen, filers should include their full name, U.S. Postal service mailing address, and CG Docket No. 16–145.)

TEMPORARY RULE: NMFS announces the re- opening of the commercial sector for gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial landings of gray triggerfish indicate the commercial annual catch limit (ACL) for the January through June fishing season has not yet been reached. Therefore, NMFS re-opens the commercial sector for gray triggerfish in the South Atlantic EEZ for 18 days to allow the commercial ACL to be caught, while minimizing the risk of the commercial ACL being exceeded. This rule is effective 12:01 a.m., local time, June 13, 2016, until 12:01 a.m., local time, July 1, 2016.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blueline tilefish are projected to reach the commercial annual catch limit (ACL) by June 1, 2016. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, June 1, 2016, and it will remain closed until the start of the next fishing season on January 1, 2017. This closure is necessary to protect the blueline tilefish resource. This rule is effective at 12:01 a.m., local time, June 1, 2016, until 12:01 a.m., local time, January 1, 2017.

TEMPORARY RULE: NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery and the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the Pacific halibut bycatch allowance specified for each of these trawl fishery categories in the GOA has been reached. Effective 1200 hours, Alaska local time (A.l.t.), May 20, 2016, through 1200 hours, A.l.t., July 1, 2016.

PROPOSED RULE: The Department of Veterans Affairs (VA) is proposing to amend its medical regulations to permit full practice authority of all VA advanced practice registered nurses (APRNs) when they are acting within the scope of their VA employment. This rulemaking would increase veterans’ access to VA health care by expanding the pool of qualified health care professionals who are authorized to provide primary health care and other related health care services to the full extent of their education, training, and certification, without the clinical supervision of physicians. This rule would permit VA to use its health care resources more effectively and in a manner that is consistent with the role of APRNs in the non-VA health care sector, while maintaining the patient- centered, safe, high-quality health care that veterans receive from VA. The proposed rulemaking would establish additional professional qualifications an individual must possess to be appointed as an APRN within VA. The proposed rulemaking would subdivide APRN’s into four separate categories that include certified nurse practitioner, certified registered nurse anesthetist, clinical nurse specialist, and certified nurse-midwife. The proposed rulemaking would also provide the criteria under which VA may grant full practice authority to an APRN, and define the scope of full practice authority for each category of APRN. VA intends that the services to be provided by an APRN in one of the four APRN roles would be consistent with the nursing profession’s standards of practice for such roles. Comments must be received by VA on or before July 25, 2016. (To submit comments, visit www.regulations.gov, reference RIN 2900–AP44.)

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