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Federal Register Highlights – 6/16/16

June 16, 2016

Unpublished, time-sensitive and proposed rules for June 16, 2016:

PROPOSED RULE: This proposed rule would update the requirements that hospitals and critical access hospitals (CAHs) must meet to participate in the Medicare and Medicaid programs. These proposals are intended to conform the requirements to current standards of practice and support improvements in quality of care, reduce barriers to care, and reduce some issues that may exacerbate workforce shortage concerns. To be assured consideration, comments must be received no later than 5 p.m. on August 15, 2016. (To submit comments, visit, reference Docket No. CMS–3295–P.)

TEMPORARY RULE: The Coast Guard is establishing a special local regulation for all waters of the Cumberland River beginning at mile marker 190.5 and ending at mile marker 194.0. This special local regulation is necessary to provide safety for the participants in the “Thunder on the Cumberland” marine event. This rulemaking restricts transits into, through and within the regulated area unless authorized by the Captain of the Port Ohio Valley or a designated representative. We invite your comments on this rulemaking to assess for future and events and similar rulemakings. This rule is effective from 9 a.m. on June 17, 2016 through 6 p.m. on June 19, 2016.

TEMPORARY RULE: The Coast Guard is establishing a temporary special local regulation for all waters of the Ohio River, surface to bottom, extending from mile 791.0 to 795.0. This action is necessary to provide for the safety of life on these navigable waters near Evansville, IN, during the Evansville Freedom Festival Air Show. Entry of vessels or persons into this regulated area is prohibited unless specifically authorized by the Captain of the Port or a designated representative. This rule is effective from 11:00 a.m., June 24, 2016 through 6:00 p.m., June 26, 2016.

PROPOSED RULE: The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend the Commission’s rules to establish a new clearing requirement under the pertinent section of the Commodity Exchange Act (CEA). The amended regulation would require that interest rate swaps denominated in certain currencies or having certain termination dates, as described herein, be submitted for clearing by persons required to do so under the pertinent section of the CEA to a derivatives clearing organization (DCO) that is registered under the CEA (registered DCO) or a DCO that has been exempted from registration under the CEA (exempt DCO). Comments must be received on or before July 18, 2016. (To submit comments, visit, reference RIN 3038–AE20.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that revises the sections of title 10 of the United States Code (U.S.C.) that address technical data rights and validation of proprietary data restrictions. Comments on the proposed rule should be submitted in writing on or before September 14, 2016, to be considered in the formation of a final rule. (To submit comments, visit, reference Docket DARS–2016–0017.)

PROPOSED RULE: The Secretary proposes to amend the regulations governing the William D. Ford Federal Direct Loan (Direct Loan) Program to establish a new Federal standard and a process for determining whether a borrower has a defense to repayment on a loan based on an act or omission of a school. We propose to also amend the Direct Loan Program regulations by prohibiting participating schools from using certain contractual provisions regarding dispute resolution processes, such as mandatory pre-dispute arbitration agreements or class action waivers, and to require certain notifications and disclosures by schools regarding their use of arbitration. We propose to also amend the Direct Loan Program regulations to codify our current policy regarding the impact that discharges have on the 150 percent Direct Subsidized Loan Limit. We also propose to amend the Student Assistance General Provisions regulations to revise the financial responsibility standards and add disclosure requirements for schools. Finally, we propose to amend the discharge provisions in the Federal Perkins Loan (Perkins Loan), Direct Loan, Federal Family Education Loan (FFEL), and Teacher Education Assistance for College and Higher Education (TEACH) Grant programs. The proposed changes would provide transparency, clarity, and ease of administration to current and new regulations and protect students, the Federal government, and taxpayers against potential school liabilities resulting from borrower defenses. We must receive your comments on or before August 1, 2016. (To submit comments, visit, reference Docket ID ED–2015–OPE–0103.)

PROPOSED RULE: This rulemaking proposes the use of Small Area Fair Market Rents (Small Area FMRs) in the administration of the Housing Choice Voucher (HCV) program for certain metropolitan areas. HUD is proposing to use Small Area FMRs in place of the current 50th percentile rent to address high levels of voucher concentration. HUD believes that Small Area FMRs gives HCV tenants a more effective means to move into areas of higher opportunity and lower poverty areas by providing them with subsidy adequate to make such areas accessible and to thereby reduce the number of voucher families that reside in areas of high poverty concentration. HUD proposes to use several criteria for determining which metropolitan areas would best be served by application of Small Area FMRs in the administration of the HCV program. These criteria include a threshold number of vouchers within a metropolitan area, the concentration of current HCV tenants in low-income areas, and the percentage of renter occupied units within the metropolitan area with gross rents above the payment standard basic range. Public housing agencies (PHAs) operating in designated metropolitan areas would be required to use Small Area FMRs. PHAs not operating in the designated areas would have the option to use Small Area FMRs in administering their HCV programs. Other programs that use FMRs would continue to use area-wide FMRs. HUD’s goal in pursuing this rulemaking is to provide HCV tenants with a greater ability to move into areas where jobs, transportation, and educational opportunities exist. Comment Due Date: August 15, 2016. (To submit comments, visit, reference Docket No. FR–5855–P–02.)

PROPOSED RULE: NMFS proposes regulations to implement Amendment 103 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). If approved, Amendment 103 and this proposed rule would allow NMFS to reapportion unused Chinook salmon prohibited species catch (PSC) within and among specific trawl sectors in the Central and Western Gulf of Alaska (GOA), based on specific criteria and within specified limits. This proposed rule would not increase the current combined annual PSC limit of 32,500 Chinook salmon that applies to Central and Western GOA trawl sectors under the FMP. This proposed rule would provide for more flexible management of GOA trawl Chinook salmon PSC, increase the likelihood that groundfish resources are more fully harvested, reduce the potential for fishery closures, and maintain the overall Chinook salmon PSC limits in the Central and Western GOA. Amendment 103 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. Submit comments on or before July 18, 2016. (To submit comments, visit, reference Docket No. NOAA–NMFS–2016–0023.)


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