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Federal Register Highlights – 8/27/14

August 27, 2014

Unpublished, time-sensitive and proposed rules for August 27, 2014:

TEMPORARY RULE: The Coast Guard will enforce Special Local Regulations for the Southern Professional Outboard Racing Tour (S.P.O.R.T.) boat races to be held on the Sabine River in Orange, TX from 3 p.m. on September 19, 2014, through 6 p.m. on September 21, 2014. This action is necessary to provide for the safety of the participants, crew, spectators, participating vessels, non- participating vessels and other users of the waterway. During the enforcement period, the Coast Guard Patrol Commander will enforce restrictions upon, and control the movement of, vessels in the zone established by the Special Local Regulation. The regulation in 33 CFR 100.801 will be enforced from 3 p.m. to 6 p.m. on September 19, 2014; and from 9 a.m. to 6 p.m. on September 20 and 21, 2014.

PROPOSED RULE: The Coast Guard proposes to modify the operating regulations for six drawbridges, located between river mile 285.8 and river mile 288.7, across the Illinois Waterway, at Joliet, Illinois. This rule proposes to consolidate the current operating regulation, which includes five on-site bridge tender control stations, into one centralized control point for all five drawbridges. This rule also proposes to add a sixth drawbridge that will also operate under the centralized control point. This proposed action is intended to improve navigational safety and operational efficiency in the Joliet area. Comments and related material must reach the Coast Guard on or before October 27, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: TRICARE Reserve Select (TRS) is a premium-based TRICARE health plan available for purchase worldwide by qualified members of the Ready Reserve and by qualified survivors of TRS members. TRICARE Dental Program (TDP) is a premium-based TRICARE dental plan available for purchase worldwide by qualified Service members. This proposed rule revises requirements and procedures for the TRS program to specify the appropriate actuarial basis for calculating premiums in addition to other minor clarifying administrative changes. For a member who is involuntarily separated from the Selected Reserve under other than adverse conditions this proposed rule provides a time-limited exception that allows TRS coverage in effect to continue for up to 180 days after the date on which the member is separated from the Selected Reserve and TDP coverage in effect to continue for no less than 180 days after the separation date. It also expands early TRICARE eligibility for certain Reserve Component members from a maximum of 90 days to a maximum of 180 days prior to activation in support of a contingency for more than 30 days. Submit comments on or before October 27, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This document contains interim final regulations regarding coverage of certain preventive services under section 2713 of the Public Health Service Act (PHS Act), added by the Patient Protection and Affordable Care Act, as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Section 2713 of the PHS Act requires coverage without cost sharing of certain preventive health services by non-grandfathered group health plans and health insurance coverage. Among these services are women’s preventive health services, as specified in guidelines supported by the Health Resources and Services Administration (HRSA). As authorized by the current regulations, and consistent with the HRSA Guidelines, group health plans established or maintained by certain religious employers (and group health insurance coverage provided in connection with such plans) are exempt from the otherwise applicable requirement to cover certain contraceptive services. Additionally, under current regulations, accommodations are available with respect to the contraceptive coverage requirement for group health plans established or maintained by eligible organizations (and group health insurance coverage provided in connection with such plans), and student health insurance coverage arranged by eligible organizations that are institutions of higher education, that effectively exempt them from this requirement. The regulations establish a mechanism for separately furnishing payments for contraceptive services on behalf of participants and beneficiaries of the group health plans of eligible organizations that avail themselves of an accommodation, and enrollees and dependents of student health coverage arranged by eligible organizations that are institutions of higher education that avail themselves of an accommodation. These interim final regulations augment current regulations in light of the Supreme Court’s interim order in connection with an application for an injunction in Wheaton College v. Burwell, 134 S. Ct. 2806 (2014) (Wheaton order). These interim final regulations provide an alternative process that an eligible organization may use to provide notice of its religious objections to providing contraceptive coverage, while preserving participants’ and beneficiaries’ (and enrollees’ and dependents’) access to coverage for the full range of Food and Drug Administration (FDA)-approved contraceptives, as prescribed by a health care provider, without cost sharing. Written comments on these interim final regulations are invited and must be received by October 27, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes. This AD was prompted by our determination of the need to incorporate new life limits for the main landing gear (MLG) barrel assembly, retraction actuator assembly linkage, and flange duct. This AD requires revising the maintenance or inspection program, as applicable, to include the new life limits. We are issuing this AD to prevent reduced structural integrity of the airplane and possible loss of controllability of the airplane. This AD becomes effective October 1, 2014. 

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports that elevator power control unit (PCU) shear pins may fail prematurely. This AD requires repetitive replacement of the elevator PCU shear pins. We are issuing this AD to prevent premature elevator PCU shear pin failure. If all pins fail on one elevator, the elevator surface would become inoperative, which could reduce the controllability of the airplane and could result in a loss of redundancy for flutter prevention. This AD becomes effective October 1, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 900EX airplanes. This AD was prompted by our determination of the need for a revision to the airplane airworthiness limitations to introduce a corrosion prevention control program, among other changes, to the maintenance requirements and airworthiness limitations. This AD requires revising the maintenance or inspection program, as applicable, to include the maintenance tasks and airworthiness limitations specified in the Airworthiness Limitations section of the airplane maintenance manual. We are issuing this AD to prevent reduced structural integrity of the airplane, and prevent reduced controllability of the airplane. This AD becomes effective October 1, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 900EX airplanes. This AD was prompted by our determination to introduce a corrosion prevention control program, among other changes, to the maintenance requirements and airworthiness limitations. This AD requires revising the maintenance or inspection program, as applicable, to include the maintenance tasks and airworthiness limitations specified in the Airworthiness Limitations section of the airplane maintenance manual. We are issuing this AD to prevent reduced structural integrity and reduced controllability of the airplane. This AD becomes effective October 1, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB–135BJ airplanes. This AD was prompted by reports of failure of the bolts that connect the cockpit windshield center-post to the forward fuselage. This AD requires repetitive detailed inspections to detect discrepancies on the attaching parts of the cockpit windshield center-post; checking whether the bolts are tightened, if applicable; and modifying parts, including inspecting for and repairing damage. We are issuing this AD to prevent failed bolts and failed attaching parts of the cockpit windshield center-post, which could lead to loss of structural integrity of the airplane. This AD becomes effective October 1, 2014.

RULE: We are adopting a new airworthiness directive (AD) for Viking Air Limited Model DHC–3 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as looseness of the horizontal stabilizer actuator mounting block in the forward-aft and side-to-side directions. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective September 16, 2014. 

PROPOSED RULE: The Board of Governors of the Federal Reserve System (Board) is proposing to repeal its Regulation AA, which was issued pursuant to its rule writing authority under section 18(f)(1) of the Federal Trade Commission Act (FTC Act or Act). Section 1092(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) repealed section 18(f)(1) of the FTC Act, thus eliminating the Board’s rule writing authority under the Act. Comments must be received on or before October 27, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS implements accountability measures for the commercial hook-and-line component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial hook-and-line landings for golden tilefish, as estimated by the Science and Research Director (SRD), are projected to reach the hook- and-line component’s commercial annual catch limit (ACL) on August 29, 2014. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on August 29, 2014, and it will remain closed until the start of the next fishing season, January 1, 2015. This closure is necessary to protect the golden tilefish resource. This rule is effective 12:01 a.m., local time, August 29, 2014, until 12:01 a.m., local time, January 1, 2015.

TEMPORARY RULE: NMFS is prohibiting directed fishing for Kamchatka flounder in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2014 Kamchatka flounder initial total allowable catch (ITAC) in the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), August 23, 2014, through 2400 hrs, A.l.t., December 31, 2014.

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