NPRM

News & Analysis as of

Alert: ED Issues Sweeping Proposed Rules on Borrower Defense

Almost four months after the marathon negotiated rulemaking ended in March without consensus, the US Department of Education (ED) has released a massive Notice of Proposed Rulemaking describing how it plans to refocus the...more

FERC to Strengthen Protections for Infrastructure Information

Implementing new statutory authority, FERC proposes revised regulations to secure and share Critical Electric Infrastructure Information and penalize its unauthorized disclosure....more

FAA to Release Final Rule for Commercial Small Unmanned Aerial Systems (UAS) Operations; More Work Will Remain

Key Points - - The FAA will soon release a final rule governing commercial small UAS operations (“Final Rule”) that will represent a major step forward for both innovation and aviation. - While the rule is...more

CFTC Proposes to Expand Mandatory Clearing to Include Additional Classes of Interest Rate Swaps

On June 9, the Commodity Futures Trading Commission (CFTC) released a notice of proposed rulemaking regarding an expansion of CFTC Regulation 50.4(a). If adopted, additional classes of interest rate swaps will become subject...more

FERC proposes FAST Act CEII rules

The Federal Energy Regulatory Commission has proposed amending its regulations designed to protect critical information about utility infrastructure. If adopted, the new regulations would govern the treatment of Critical...more

CFPB Is Urged to Change How Title Insurance Premiums Are Disclosed Under the TRID Rule

While lenders continue to struggle with various aspects of the TILA-RESPA Integrated Disclosure Rule (“TRID Rule”) that became effective last year, one of the more troublesome issues has been the disclosure of title insurance...more

TSCA: What Effect Will the TSCA Amendments Have on Proposed and Future Rulemakings?

On June 7, 2016, the Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) by voice vote and sent it to President Obama for signature. As reported in our May 26, 2016, memorandum, "An...more

CFPB Proposes Framework For Payday, Title and Other Installment Loans

On June 2, 2016, the Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) released a 1,340-page Notice of Proposed Rulemaking on short-term lending (the “Proposal”). Our initial, high-level observations on the...more

MSHA Issues New Workplace Exam Proposed Rule

The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002...more

Trademark Red Tape: Incoming Fee Increases And Sweeping TTAB Rule Changes

Disparaging Marks Still Held in Abeyance. As an update to our last Trademark Red Tape, the USPTO, which has now filed a petition for a writ of certiorari to the Supreme Court in In re Tam with respect to the...more

Alert: Rulemaking Panel Proposes Process for Student Debt Forgiveness Under BDTR

This is the third in a series of Cooley client alerts that discuss issues raised during the Borrower Defense to Repayment (BDTR) Negotiated Rulemaking. Our first alert discussed the Negotiated Rulemaking itself, and the...more

Commission Seeks Comment on TTY-RTT Transition

The Federal Communications Commission’s (FCC or the Commission) Notice of Proposed Rulemaking (NPRM) on the transition from text telephone (TTY) to real-time text (RTT) was published in the Federal Register on May 25, 2016,...more

FCC Proposes to Eliminate Two Public Inspection File Requirements for Broadcast and Cable

At its Open Meeting on May 25, 2016, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing to eliminate two public inspection file requirements – one that applies to broadcast...more

The FCC’s Broadband Privacy Proposal – Hit from All Sides

Initial Comments are due on May 27, 2016 regarding the Notice of Proposed Rulemaking (NPRM) released last month by the FCC in its broadband privacy proceeding. The rules proposed in the NPRM have already been the subject of...more

Financial Services Weekly News - May 2016 #4

Breaking News - Solicitor General Files Brief in Madden v. Midland Funding - On May 24, the U.S Solicitor General (SG) filed a brief with the U.S. Supreme Court (the Court) in the matter of Madden v. Midland...more

One More Tool in the STB Toolbox, But Will the Agency Use It?

The STB Reauthorization Act of 2015 gave the agency new powers to conduct investigations on its own initiative. This month, the agency issued a Notice of Proposed Rulemaking setting out its proposed three step process for...more

Prometheus Court Vacates FCC’s JSA Ban; Asks FCC for New Ownership Rules by Year-End

The U.S. Court of Appeals for the Third Circuit today issued a decision vacating the FCC rule effectively banning television Joint Sales Agreements (“JSAs”) and threatened to throw out all of the FCC’s remaining broadcast...more

The Proposed Common Rule: The Tribe Has Spoken, and They Have Concerns (Part 2)

On September 28, 2015, the U.S. Department of Health and Human Services (HHS) and 15 other federal agencies issued a notice of proposed rulemaking (NPRM) updating federal policy for the Protection of Human Subjects, more...more

FCC Issues NPRM to Remove Correspondence From Public File

On a day when a major broadcast ownership decision from the U.S. Court of Appeals for the Third Circuit garnered most of the attention, the FCC worked on more prosaic matters, issuing a Notice of Proposed Rulemaking to...more

FCC Issues Tariff Investigation Order and NPRM Which Proposes to Substantially Revise and Expand the Regulation of Business Data...

In May 2016, the FCC moved forward with its decade-overdue reform of the $45 Billion per year dedicated business data services (“BDS”) market. BDS providers, including major incumbent telecommunications companies and now even...more

Recent Investment Management Developments - May 2016

Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management...more

USCIS published notice of proposed rulemaking in Federal Register inviting public comment

On May 4, 2016, USCIS published a notice of proposed rulemaking in the Federal Register (81 F.R. 26903) inviting public comment, for 60 days, on the proposed U.S. Citizenship and Immigration Services Fee Schedule. ...more

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...more

CFPB releases Spring 2016 rulemaking agenda

The CFPB has released its Spring 2016 rulemaking agenda. The agenda sets the following timetables for key rulemaking initiatives: Arbitration. The Spring 2016 agenda does not reflect the CFPB’s release of its proposed...more

FCC Proposes Formal Privacy Regulations for Broadband ISPs

On March 31, 2016, a 3-2 majority of the U.S. Federal Communications Commission ("FCC") approved a Notice of Proposed Rulemaking ("NPRM") to establish a set of regulations governing the data collection, use, and sharing...more

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