Regulatory Clean Up Initiative; Correction
| Published date | 17 December 2020 |
| Record Number | 2020-26389 |
| Section | Rules and Regulations |
| Court | Centers For Medicare & Medicaid Services,Children And Families Administration |
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Rules and Regulations Federal Register
81781
Vol. 85, No. 243
Thursday, December 17, 2020
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
2 CFR Part 376
42 CFR Parts 23, 51c, 52i, 56, 57, 63,
and 124
45 CFR Parts 3, 63, and 75
48 CFR Parts 302 and 326
[Docket Number HHS–OS–2020–0015]
RIN 0991–AC19
Food and Drug Administration
21 CFR Parts 1, 5, 12, 14, 25, 81, 133,
172, 178, 184, 201, 310, 369, 501, and
582
Centers for Medicare & Medicaid
Services
42 CFR Parts 411, 412, 422, 423, 426,
440, 441, 447, 482, and 485
Office of Inspector General
42 CFR Parts 1004 and 1008
Administration for Children and
Families
45 CFR Parts 305, 307, 1324, 1325,
1326, and 1328
Regulatory Clean Up Initiative;
Correction
AGENCY
: Office of the Assistant
Secretary for Administration (ASA),
HHS.
ACTION
: Final rule; correction.
SUMMARY
: The Department of Health and
Human Services is correcting a final
rule that appeared in the Federal
Register on November 16, 2020. This
document had incorrectly designated
footnotes and typographical errors.
DATES
: Effective December 17, 2020.
FOR FURTHER INFORMATION CONTACT
:
Douglas Cheung, Ph.D., phone: 202–
690–6704, email: douglas.cheung@
hhs.gov; and RegCleanUp@hhs.gov.
SUPPLEMENTARY INFORMATION
: In FR Doc.
2020–21774, appearing on page 72899
in the Federal Register of November 16,
2020, the following corrections are
made:
§ 51c [Corrected]
■1. On page 72901, in the first column,
in 42 CFR part 51c, ‘‘Correct Reference.
Section 51c.107(5) . . .’’ is corrected to
read ‘‘Correct Reference. Section
51c.107(b)(5) . . .’’
§ 56 [Corrected]
■2. On page 72901, in the second
column, in 42 CFR part 56, a bullet is
missing and is corrected to read as
follows:
•Correct Reference. Section 56.603(e)
is amended to remove the phrase ‘‘the
most recent CSA Income Poverty
Guidelines (45 CFR 1060.2)’’ and
replace it with ‘‘the poverty guidelines
updated periodically in the Federal
Register by the U.S. Department of
Health and Human Services under the
authority of 42 U.S.C. 9902(2)’’. The
Secretary of HHS is required to update
the poverty guidelines at least annually,
adjusting them based on the Consumer
Price Index for All Urban Consumers. 45
CFR 1060.2 no longer exists; rather,
updates are published at least annually
in the Federal Register.
§ 422 [Corrected]
■3. On page 72902, in the first column,
in 42 CFR part 422, the third sentence
of the last bullet, ‘‘The reference to
§ 423.858 . . .’’ is corrected to read
‘‘The reference to § 422.858 . . .’’
§ 5.1100 [Corrected]
■4. On page 72906, in the third column,
instruction 6 is corrected to read as
follows:
■6. Amend § 5.1100 by:
a. Redesignating footnotes 2 through
62 as footnotes 3 through 63.
b. Revising the entry for ‘‘Office of the
Chief Counsel’’ as follows:
§ 5.1100 Headquarters.
* * * * *
Office of the Chief Counsel.
2
2
The Office of the Chief Counsel (also
known as the Food and Drug Division, Office
of the General Counsel, Department of Health
and Human Services), while administratively
within the Office of the Commissioner, is
part of the Office of the General Counsel of
the Department of Health and Human
Services.
* * * * *
§ 14.7 [Corrected]
■5. On page 72906, in the third column,
instruction 11 is corrected to read as
follows:
■11. Amend § 14.7(b) by removing ‘‘45
CFR 5.34’’ and adding in its place ‘‘45
CFR 5.61 through 5.64’’.
§ 56.303 [Corrected]
■6. On page 72908, in the third column,
instructions 48 and 49 are corrected to
read as follows:
■48. Amend § 56.303(f) by removing
the phrase ‘‘the most recent CSA
Poverty Income Guidelines (45 CFR
1060.2)’’ and adding in its place ‘‘the
poverty guidelines updated periodically
in the Federal Register by the U.S.
Department of Health and Human
Services under the authority of 42
U.S.C. 9902(2)’’.
49. Amend § 56.603(e) by removing
the phrase ‘‘the most recent CSA
Poverty Income Guidelines (45 CFR
1060.2)’’ and adding in its place ‘‘the
poverty guidelines updated periodically
in the Federal Register by the U.S.
Department of Health and Human
Services under the authority of 42
U.S.C. 9902(2)’’.’’
§ 3.5 [Corrected]
■7. On page 72910, in the first column,
instruction 91 is corrected to read as
follows:
■91. Amend § 3.5 by:
a. Removing the reference ‘‘41 CFR
part 101–48’’ and adding in its place
‘‘41 CFR 102’’.
b. Removing ‘‘41 CFR 101–45.304 and
101–48.305’’ and adding in its place ‘‘41
CFR 102–41’’.’’
§ 1324.11 [Corrected]
■8. On page 72911, in the second
column, instruction 102 is corrected to
read as follows:
■102. Amend § 1324.11 by:
a. Removing the reference
‘‘1327.13(e)’’ and adding in its place
‘‘1324.13(e)’’.
b. Removing all references
‘‘1327.19(b)(5) through (8)’’ and adding
in their places ‘‘1324.19(b)(5) through
(8)’’.
c. Removing the reference ‘‘1327.21’’
and adding in its place ‘‘1324.21’’.’’
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81782
Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations
Dated: November 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary, Department of
Health and Human Services.
[FR Doc. 2020–26389 Filed 12–16–20; 8:45 am]
BILLING CODE 4151–17–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2019–1054; Special
Conditions No. 25–777–SC]
Special Conditions: Boeing
Commercial Airplanes Model 777–9
Airplane; Overhead Flightcrew Rest
Compartment Occupiable During Taxi,
Takeoff, and Landing
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Final special conditions.
SUMMARY
: These special conditions are
issued for the Boeing Commercial
Airplanes (Boeing) Model 777–9
airplane. This airplane will have a novel
or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This design feature is an
overhead flightcrew rest (OFCR)
compartment occupiable during taxi,
takeoff, and landing (TT&L). The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES
: Effective January 19, 2021.
FOR FURTHER INFORMATION CONTACT
:
Shannon Lennon, Airframe and Cabin
Safety Section, AIR–675, Transport
Standards Branch, Policy and
Innovation Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3209; email
shannon.lennon@faa.gov.
SUPPLEMENTARY INFORMATION
:
Background
On December 6, 2013, Boeing applied
for an amendment to Type Certificate
No. T00001SE to include the new 777–
9 airplane. The application date was
extended to March 30, 2016, at Boeing’s
request. The Boeing Model 777–9
airplane, which is a derivative of the
Boeing Model 777 airplane currently
approved under Type Certificate No.
T00001SE, is a twin-engine, transport-
category airplane with seating for 495
passengers, and a maximum takeoff
weight of 775,000 lbs.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the 777–9
airplane, as changed, continues to meet
the applicable provisions of the
regulations listed in Type Certificate No.
T00001SE, or the applicable regulations
in effect on the date of application for
the change, except for earlier
amendments as agreed upon by the
FAA.
If the Administrator finds that the
applicable airworthiness regulations
(e.g., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 777–9 airplane
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
incorporate the same novel or unusual
design feature, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Boeing Model 777–9
airplane must comply with the fuel-vent
and exhaust-emission requirements of
14 CFR part 34, and the noise-
certification requirements of 14 CFR
part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 777–9 airplane will
incorporate the following novel or
unusual design features:
An overhead flightcrew rest (OFCR)
compartment occupiable during taxi,
takeoff, and landing.
Discussion
Crew rest compartments have been
previously installed and certificated on
several Boeing airplane models in
locations such as in the main passenger
seating area, the overhead space above
the main passenger-cabin seating area,
and below the passenger-cabin seating
area within the cargo compartment. In
each case, the Administrator determined
that the applicable regulations (i.e., 14
CFR part 25) did not provide all of the
necessary requirements, because each
installation had unique features by
virtue of its design, location, and use on
the airplane.
For Boeing Model 777 airplanes, the
FAA issued Special Conditions No. 25–
260–SC, dated April 14, 2004, for OFCR
compartments allowed to be occupied
during TT&L, as well as during flight.
However, after issuance of Special
Conditions No. 25–260–SC, the FAA
issued Special Conditions No. 25–418–
SC for the Boeing Model 787–8 airplane,
for the same novel design feature, with
changes to better address oxygen
systems and fire suppressors. Those
special conditions reflected the
methodology necessary to provide an
equivalent level of safety for remote
OFCR compartments. Therefore, new
special conditions are issued for this
design feature on Boeing Model 777–9
airplanes, in lieu of Special Conditions
No. 25–260–SC.
For the Boeing Model 777–9 airplane,
the OFCR compartment is located in the
overhead space above the main
passenger-cabin seating area
immediately aft of the first pair of main-
deck emergency exits (Door 1). The
compartment includes two private
berths and up to two seats. Occupancy
of the compartment will be limited to a
maximum of four trained crewmembers
during flight, and two trained flightcrew
members, one in each seat, during
TT&L. The compartment will be
accessed from the main deck by stairs
through a vestibule. In addition, a
secondary evacuation route, which
opens directly into the main passenger
seating area, will be available as an
alternate route for evacuating occupants
of the compartment. A smoke-detection
system and an oxygen system will be
provided in the compartment. Other
optional features, such as a sink with
cold-drink stowage or a lavatory, may be
provided as well.
This Boeing Model 777–9 airplane
OFCR compartment is novel or unusual
to part 25 due to its design, location,
and use on the airplane. This
compartment is particularly novel or
unusual in that it is located in the
overhead area of the passenger
compartment, and will be occupied by
trained flightcrew during TT&L. Due to
the novel or unusual features associated
with the installation of this
compartment, special conditions are
considered necessary to provide a level
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