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Federal Register Highlights – 4/10/13

April 10, 2013

Unpublished, time-sensitive and proposed rules for April 10, 2013:

PROPOSED RULE: This proposed rule would revise the exception to the physician self-referral prohibition for certain arrangements involving the donation of electronic health records items and services. Specifically, it would extend the sunset date of the exception, remove the electronic prescribing capability requirement, and update the provision under which electronic health records technology is deemed interoperable. In addition, we are requesting public comment on other changes we are considering. To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on June 10, 2013. (To submit comments, visit www.regulations.gov, reference CMS–1454–P.)

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Spring Lake in Spring Lake, Michigan. This safety zone is intended to restrict vessels from a portion of Spring Lake due to the Lubbers Cup Regatta. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a race competition involving 60-foot rowing vessels. This rule is effective from 3 p.m. on April 12, 2013, until 3 p.m. on April 13, 2013. This rule will be enforced from 3 p.m. until 7 p.m. on April 12, 2013, and from 8 a.m. until 3 p.m. on April 13, 2013.

TEMPORARY RULE: The Coast Guard is establishing a special local regulation for the Patriot Challenge Kayak Race in Charleston, SC. The race will take place on April 13, 2013, on the Ashley River. This special local regulation is necessary to insure the safety of life on navigable waters of the United States during the race. The special local regulation will temporarily restrict vessel traffic in a portion of the Ashley River, preventing non-participant vessels from entering the regulated areas. This rule is effective from 10 a.m. until 12 p.m. on April 13, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–200, A330–200 Freighter, A330–300, A340–200, and A340–300 series airplanes; and Model A340–541 airplanes and Model A340–642 airplanes. This AD was prompted by reports of cracks in the bogie pivot pin caused by material heating due to friction between the bogie pivot pin and bush, leading to chrome detachment and chrome dragging on the bogie pivot pin. This AD requires repetitive detailed inspections for degradation of the bogie pivot pins and for any cracks and damage of the pivot pin bushes of the main and central landing gear; a magnetic particle inspection of the affected bogie pivot pins for corrosion and base metal cracks; and repairing or replacing bogie pivot pins and pivot pin bushes, if necessary. We are issuing this AD to detect and correct cracks and damage to the main and central landing gear, which could result in the collapse of the landing gear and adversely affect the airplane’s continued safe flight and landing. This AD becomes effective May 15, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, and A320 series airplanes. This AD was prompted by fuel system reviews conducted by the manufacturer, which revealed that certain fuel pumps under certain conditions can create an ignition source in the fuel tank. This AD requires modification of the center tank fuel pump control circuit by installation of ground fault interrupters (GFIs). This AD would also require either replacement of the GFI or deactivation of the associated fuel pump following failure of any post-modification operational test of the GFI. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. This AD becomes effective May 15, 2013.

RULE: We are adopting a new airworthiness directive (AD) for Eurocopter France EC130B4 helicopters. This AD requires visually checking the center windscreen panel (center windscreen) for a crack and replacing the center windscreen if there is a crack, if the windscreen distorts during flight, or within 12 months. This AD was prompted by in-flight cracking and failure of a center windscreen. The actions of this AD are intended to detect a crack in the blending radii of the center windscreen to prevent failure of the windscreen, injury to the flight crew, and subsequent loss of control of the helicopter. This AD is effective May 15, 2013.

RULE: We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes equipped with Rolls-Royce RB211–535E engines. That AD currently requires repetitive inspections for signs of damage of the aft hinge fittings and attachment bolts of the thrust reversers, and related investigative and corrective actions if necessary. The existing AD also provides for an optional terminating modification for the repetitive inspections. For certain airplanes, this new AD adds a one-time inspection of the washers installed under the attachment bolts of the aft hinge fittings for correct installation sequence, and reinstallation if necessary. This new AD also adds an option for installing a redesigned aft hinge fitting with the trim already done, instead of trimming an existing or new hinge fitting, which is included in the existing optional terminating modification. This AD was prompted by reports of incorrectly installed washers under the attachment bolts of the aft hinge fittings of the thrust reversers. We are issuing this AD to prevent failure of the attachment bolts and consequent separation of a thrust reverser from the airplane during flight, which could result in structural damage to the airplane. This AD is effective May 15, 2013.

PROPOSED RULE: In this document the Commission requests comment on a petition filed by Tejas Broadcasting Ltd., LLP (‘‘Petitioner’’), licensee of FM Station KMJR, Channel 252C2, Odem, Texas. Petitioner proposes to amend the FM Table of Allotments by substituting Channel 291A for vacant Channel 252A, at Matagorda. The proposal is part of a contingently filed ‘‘hybrid’’ application and rule making petition. Channel 291A can be allotted at Matagorda, Texas, in compliance with the Commission’s minimum distance separation requirements, at city reference coordinates of 28–41–25 NL and 95–58–02 WL, without site restriction. Concurrence by the Government of Mexico is required because Matagorda, Texas, is located within 320 kilometers (199 miles) of the U.S.-Mexican border. See Supplementary Information infra. Comments must be filed on or before April 22, 2013, and reply comments must be filed on or before May 7, 2013. (To submit comments, visit http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments, reference MB Docket No 13–52.)

PROPOSED RULE: This document proposes to amend the Commission’s rules governing the operation of Unlicensed National Information Infrastructure (U–NII) devices in the 5 GHz band. The Commission has gained much experience with U–NII devices since it first made spectrum available in the 5 GHz band for U–NII in 1997. The Commission believes that the time is now right to revisit the rules. The initiation of this proceeding satisfies the requirements of the ‘‘Middle Class Tax Relief and Job Creation Act of 2012’’ which requires the Commission to begin a proceeding to modify the rules to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band. The Commission believes that an increase in capacity gained from 195 megahertz of additional spectrum, combined with the ease of deployment and operational flexibility provided by its U–NII rules would continue to foster the development of new and innovative unlicensed devices, and increase wireless broadband access and investment. Comments must be filed on or before May 28, 2013, and reply comments must be filed on or before June 24, 2013. (To submit comments, visit http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments, reference ET Docket No. 13–49.)

PROPOSED RULE: In this proposed rule, the Office of Inspector General (OIG) proposes to amend the safe harbor regulation concerning electronic health records items and services, which defines certain conduct that is protected from liability under the Federal anti-kickback statute in the Social Security Act (the Act). The proposed amendments include an update to the provision under which electronic health records software is deemed interoperable; removal of the electronic prescribing capability requirement; and extension of the sunset provision. In addition, OIG is requesting public comment on other changes it is considering. To assure consideration, comments must be delivered to the address provided below by no later than 5 p.m. Eastern Standard Time on June 10, 2013. (To submit comments, visit www.regulations.gov, reference file code OIG–404–P.)

 

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