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Federal Register Highlights – 12/12/14

December 12, 2014

Unpublished, time-sensitive, and proposed rules for December 12, 2014:

PROPOSED RULE: This proposed rule would revise the applicable conditions of participation (CoPs) for providers, conditions for coverage (CfCs) for suppliers, and requirements for long-term care facilities, to ensure that certain requirements are consistent with the Supreme Court decision in United States v. Windsor, 570 U.S. 12, 133 S.Ct. 2675 (2013), and HHS policy. Specifically, we proposed revised certain definitions and patient’s rates provisions, in order to ensure that same-sex spouses in legally-valid marriages are recognized and afforded equal rights in Medicare and Medicaid participating facilities. To be assured consideration, comments must be received no later than five clock p.m. on February 10, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Clinton Railroad Drawbridge, across the Upper Mississippi River, mile 518.0, at Clinton, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24-hours advance notice is given. It further allows the bridge to open on signal if at least 72-hours advance notice is given from January 5, 2015 to February 13, 2015. This deviation is effective from 5:00 PM December 15, 2014 until 9 AM March 1, 2015.

PROPOSED RULE: The United States Copyright Office is conducting the sixth triennial rulemaking proceeding under the Digital Millennium Copyright Act (“DMCA”) concerning possible exemptions to the DMCA’s prohibition against circumvention of technological measures to control access to copyrighted works. At September 17, 2014, the Office published a Notice of Inquiry requesting petitions for proposed exemptions, and it has received forty-four petitions in response. With this Notice of Or post Rulemaking, the Office is initiating three rounds of public comment on exemptions proposed in the petitions. Interested parties are invited to make full legal and evidentiary submissions in support of or opposition to the proposed exemptions, in accordance with the requirements set forth below. The Office is providing a “long comment” form for this purpose. The Office is also offering members of the public the opportunity to express general support for or opposition to any of the proposals via a “short comment” form. Commenters should carefully review the legal and evidentiary standards for the granting of exemptions under the DMCA, which are set forth in the September Notice of Inquiry. Commenters should also review the guidance provided in this document regarding specific areas of legal and factual interest with respect to each proposed exemption or category of exemptions, and the types of evidence they commenters may wish to submit for the record. This document also provides information concerning the recommended format and content for submissions, including documentary and multimedia evidence. Initial written comments (including documentary evidence) and multimedia evidence are due February 6, 2015. (To submit comments, visit www.copyright.gov/1201/)

RULE: We are revising airworthiness directive (A.D.) 2008-14-02 for Agusta Model AB139 and AW139 helicopters. A.D. 2008-14-02 required inspecting the fuselage frame to detect fatigue cracks which could lead to structural failure and subsequent loss of control of the helicopter. Since we issued A.D. 2008-14-02, Agusta developed a frame reinforcement modification, which supports extending the interval for inspecting the fuselage frame for a fatigue crack. This new A.D. requires inspecting the fuselage frame for a crack and reduces the applicability from A.D. 2008-14-02 to exclude helicopters with the frame reinforcement modification. The actions of this A.D. are intended to detect a fatigue crack that could result in failure of the fuselage frame and subsequent loss of control of the helicopter. This A.D. is effective January 16, 2015.

RULE: We are superseding airworthiness directive (A.D.) 2010-13-04 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. A.D. 2010-13-04 requires modifying the nose landing gear (NLG) trailing arm. This new A.D. requires installing a new pivot pin retention mechanism. This new A.D. also adds airplanes to the applicability. This A.D. was prompted by a report of several missing or damaged pivot pin retention bolts. We are issuing this A.D. to prevent failure of the pivot pin retention bolts, which could result in a loss of directional control or loss of a NLG tire during takeoff or landing. This A.D. becomes effective January 16, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This A.D. was prompted by issuance of revised certification maintenance requirements for the horizontal stabilizer trim actuator (HSTA). This A.D. requires revising the maintenance or inspection program. We are issuing this A.D. to detect and correct premature wear and cracking of the HSTAs, which could result in reduced structural integrity and reduced control of the airplane due to the failure of system components. This A.D. becomes effective January 16, 2015.

RULE: We are superseding airworthiness directive (A.D.) 2013-11-08 for Pilatus Aircraft Limited Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, AND PC-6/C1-H2 airplanes. This A.D. results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a need to incorporate new revisions into the aircraft maintenance manual or in the limitations document of the FAA-approved maintenance program. We are issuing this A.D. to require actions to address the unsafe condition on these products. This A.D. is effective January 16, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model 777 airplanes. This A.D. was prompted by reports of corroded, migrated, or broken spring pins of the girt bar floor fitting; in one case the broken pins prevented a door escape slide from deploying during a maintenance test. This A.D. requires replacing the existing spring pins at each passenger entry door at both girt bar floor fittings with new spring pins. We are issuing this A.D. to prevent broken or migrated spring pins of the girt bar floor fittings, which could result in an improper deployment of the escape slide/raft and consequent delay and injury during evacuation of passengers and crew from the cabin in the event of an emergency. This A.D. is effective January 16, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This A.D. was prompted by reports from multiple operators that have found fatigue cracking in the corners of the forward galley service doorway. This A.D. requires repetitive inspections for any cracking of the skin and bear strap doublers in the corners of the forward galley service doorway, and corrective action if necessary. This A.D. also provides optional terminating actions for certain repetitive inspections. We are issuing this A.D. to detect and correct fatigue cracking, which could result in rapid loss of cabin pressure. This A.D. is effective January 16, 2015.

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