NPRM

News & Analysis as of

Update on Initiation of FCC Rulemaking to Implement the New TCPA Exemption for the Collection of Government Debt

Some of you may remember that back in early November 2015, I wrote about a then little-noticed provision slipped into the Bipartisan Budget Act of 2015. That provision, designed to find more revenues to offset government...more

New Lifeline Rules to Become Effective Beginning February 4

Last summer, the FCC adopted new rules for the Lifeline program in its Second Order and NPRM (see our prior analysis of the order), including: the retention of eligibility documentation (such as scans of food stamp cards); an...more

FDIC Seeks Comments on Revised Proposed Rule That Would Amend How Small Banks are Assessed for Deposit Insurance

On January 21, the FDIC issued a Notice of Proposed Rulemaking that would amend how FDIC-insured banks with less than $10 billion in assets are assessed for deposit insurance. Specifically, the proposed rule would “update the...more

DHS’s Deadline to Promulgate Final STEM OPT Regulations Extended to May 10, 2016

On January 23, 2016, the U.S. District Court for the District of Columbia granted the Department of Homeland Security’s (DHS) request to extend the deadline to finalize the new set of Optional Practical Training (OPT)...more

Taxability of Shipping and Handling Charges in Illinois – Common Sense Prevails in Department's Second Notice of Proposed...

On January 14, 2016, the Illinois Department of Revenue (the “Department”) sent its Second Notice of Proposed Rulemaking to the Joint Committee on Administrative Rules (“JCAR”) regarding its proposed amendments to its...more

The CFTC’s Proposed Standards Identify Cybersecurity Best Practices

The Commodity Futures Trading Commission (CFTC) offered several reasons for proposing five new cybersecurity testing requirements for the commodity trading platforms it regulates in its December 23, 2015, Notice of Proposed...more

Federal Aviation Administration Proposes New Stage 5 Aircraft Noise Standards

The Federal Aviation Administration (FAA) is proposing new “Stage 5” aircraft noise standards for certain subsonic jet airplanes and subsonic transport category large airplanes. Such standards would reduce the noise produced...more

DHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers

On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December...more

FDIC Proposed Regulations for Banks Acting as Transfer Agents

The FDIC also has proposed additional regulation of transfer agents. The FDIC notice of proposed rulemaking solicits comments regarding new regulations that would require insured state nonmember banks or their subsidiaries...more

USPTO Issues Notice of Proposed Rulemaking for Law School Clinic Certification Program

The U.S. Patent and Trademark Office issued a notice of proposed rulemaking in the Federal Register earlier today (80 Fed. Reg. 78155) to comply with Public Law 113-227, which was enacted by Congress on December 16, 2014, and...more

HHS Recognizes Changing Environment of Research: Still Time to Comment

Late last month the Department of Health and Human Services (HHS) and other Federal Departments and Agencies announced an extension until January 6, 2016 to the comment period for the Federal Policy for the Protection of...more

It’s About Time (But Not Quite Yet)

The comment period for the Notice of Proposed Rule Making (NPRM) regarding proposed changes to the Human Subjects Protection “Common Rule” issued by 16 federal departments and agencies in September has been extended an...more

FCC Expands Hearing Aid Compatibility Rules to Wi-Fi Calling and VoIP and Proposes Compatibility for All Handsets

On November 19, 2015, the Federal Communications Commission (FCC or Commission) adopted a Fourth Report and Order (R&O) and Notice of Proposed Rulemaking (NPRM), expanding its hearing aid compatibility (HAC) rules to cover...more

FERC Orders ISOs/RTOs to Report on Additional Price Formation Issues

On November 20, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order directing each regional transmission organization (“RTO”) and independent system operator (“ISO”) to submit a report addressing five...more

HHS Grants 30-Day Extension on Comment Period for Common Rule Revisions

Today, the Department of Health and Human Services (“HHS”) published a Federal Register notice that extends the comment period for the Federal Policy for the Protection of Human Subjects (“Common Rule”) notice of proposed...more

DOE Seeks Comment on Proposed New Copyright Policy for Grantees

On November 3, 2015, the U.S. Department of Education published a Notice of Proposed Rulemaking (NPRM), which – if adopted – would require grantees of the Department’s “competitive discretionary grant programs” to provide an...more

FERC Schedules Technical Conference on Proposed “Connected Entity” Regulations

On November 10, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) scheduled a technical conference regarding its Notice of Proposed Rulemaking (NOPR) on the collection of “Connected Entity” data from...more

The New York Department of Financial Services Releases Potential New Cybersecurity Rules

On November 9, Anthony Albanese, Acting Superintendent of the New York Department of Financial Services (the NYDFS), sent a letter to the 18 members of the Financial and Banking Information Infrastructure Committee (the...more

FCC Proposes New Rules Governing Hearing Aid Compatible Telephones

The FCC issued on Oct.30, 2015 a Notice of Proposed Rulemaking that would update several rules governing hearing aid compatible (HAC) telephones and handsets. The proposed rules apply to manufactures, including, for the first...more

FCC Form 740 Importation Filings for Radio Frequency Devices Will Be Temporarily Suspended Late Next Year

Imported Radio Frequency (RF) devices must be compliant with the Federal Communications Commission’s (FCC or Commission) equipment authorization rules, but importers can look forward to some relief in their paperwork next...more

The Clock is Ticking – Comment Deadlines Set for FCC’s Submarine Cable Network Outage Reporting Rulemaking

As Kelley Drye reported in an earlier post, the Federal Communications Commission (FCC) is considering rules that would impose on submarine cable system licensees, and possibly users, network outage reporting obligations...more

Progress, But Also Perpetuated Errors, In The EEOC’s Proposed GINA Rule Regarding Wellness Program Incentives

Today, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the...more

EEOC Emitie Regla Proponiendo la Modificación del Título II De Gina

Regla Aclara Incentivos que Pueden Ser Proporcionados para Recibir Información Sobre La Salud de un Cónyuge que Participa en un Programa de Bienestar Patrocinado por el Empleador - WASHINGTON - El Viernes, 30 de octubre...more

TLAC, and Then Some… A Preliminary Assessment of the Federal Reserve Board’s NPR

On Friday, October 30, 2015, the Federal Reserve Board (“Board”) reaffirmed its commitment to both the bank holding company model and single point of entry resolution. In a departure from historical views of the purpose and...more

EEOC Proposed GINA Regulations Permit Limited Wellness Plan Incentives In Exchange For Spousal Health Data

The Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) on October 30, 2015 to amend the federal regulations implementing Title II of the Genetic Information Nondiscrimination Act...more

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