Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations 7975 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 6, 2015. 

Daniel J. Rosenblatt, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—AMENDED 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.518, alphabetically add the 

commodity ‘‘Pomegranate’’ to the table 

in paragraph (a)(1) to read as follows: 

§ 180.518 Pyrimethanil; tolerance for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

* * * * * 

Pomegranate .............................. 5.0 

* * * * * 

* * * * * 

[FR Doc. 2015–02949 Filed 2–12–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 406, 407, and 408 

[CMS–4176–NR] 

Announcement of Ruling: 

Implementing United States v. Windsor 

for Purposes of Entitlement and 

Enrollment in Medicare Hospital 

Insurance and Supplementary Medical 

Insurance 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of CMS ruling. 

SUMMARY: This document announces a 

CMS Ruling that states the CMS policies 

for implementing United States v. 

Windsor (‘‘Windsor’’), in which the 

Supreme Court held that section 3 of the 

Defense of Marriage Act (DOMA), 

enacted in 1996, is unconstitutional. 

Section 3 of DOMA defined ‘‘marriage’’ 

and ‘‘spouse’’ as excluding same-sex 

marriages and same-sex spouses, and 

effectively precluded the Federal 

government from recognizing same-sex 

marriages and spouses. 

DATES: The CMS ruling announced in 

this document is applicable beginning 

February 9, 2015, with respect to 

appeals pending on, initiated, or 

reopened in accordance with applicable 

rules after February 9, 2015, for 

entitlement and enrollment 

determinations made on or after June 

26, 2013. This ruling does not apply to 

appeals of entitlement and enrollment 

determinations made before June 26, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Patty Helphenstine (410) 786–0622. 

SUPPLEMENTARY INFORMATION: In 

‘‘Windsor,’’ (570 U.S. 12, 133 S. Ct. 2675 

(2013), the Supreme Court held that 

section 3 of the Defense of Marriage Act 

(DOMA), enacted in 1996 (codified at 1 

U.S.C. 7), is unconstitutional. 

The CMS Administrator signed Ruling 

CMS–4176–R on February 9, 2015. This 

CMS Ruling, as well as other CMS 

Rulings are available at http://

www.cms.gov/Regulations-andGuidance/Guidance/Rulings/

index.html. For the readers’ 

convenience, the text of the CMS Ruling 

4176–R is set forth in the Appendix to 

this notice of CMS ruling. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: February 9, 2015. 

Marilyn Tavenner, 

Administrator, Centers for Medicare & 

Medicaid Services. 

APPENDIX 

CMS Rulings 

Department of Health and Human 

Services 

Centers for Medicare & Medicaid 

Services 

Ruling No.: CMS–4176–R 

Date: February 9, 2015 

Centers for Medicare & Medicaid 

Services (CMS) Rulings are decisions of 

the Administrator of CMS that serve as 

precedential final opinions, orders and 

statements of policy and interpretation. 

They provide clarification and 

interpretation of complex provisions of 

the law or regulations relating to 

Medicare, Medicaid, Utilization and 

Quality Control Peer Review, private 

health insurance, and related matters. 

They are published under the authority 

of the Administrator. 

CMS Rulings are binding on all CMS 

components, Part A and Part B Medicare 

Administrative Contractors (MACs), 

Qualified Independent Contractors 

(QICs), the Provider Reimbursement 

Review Board, the Medicare Geographic 

Classification Review Board, and on the 

Medicare Appeals Council and 

Administrative Law Judges (ALJs) who 

hear Medicare appeals. Rulings promote 

consistency in interpretation of policy 

and adjudication of disputes. 

This Ruling states the CMS policies 

for implementing United States v. 

Windsor, 570 U.S. 12, 133 S. Ct. 2675 

(2013) (‘‘Windsor’’), in which the 

Supreme Court held that section 3 of the 

Defense of Marriage Act (DOMA), 

enacted in 1996 (codified at 1 U.S.C. 7), 

is unconstitutional. Section 3 of DOMA 

defined ‘‘marriage’’ and ‘‘spouse’’ as 

excluding same-sex marriages and samesex spouses, and effectively precluded 

the Federal government from 

recognizing same-sex marriages and 

spouses. 

MEDICARE PROGRAM 

Entitlement and Enrollment in 

Medicare Hospital Insurance (Part A) 

and Medicare Supplementary Medical 

Insurance (Part B) 

CITATIONS: Sections 216(h), 226, 

226A, 1818(c)–(d), 1837(i) and 1839 of 

the Social Security Act (42 U.S.C. 

Sections 416, 426, 426–1, 1395i–2, 

1395p and 1395r); 42 CFR 406.5, 406.10, 

406.13, 406.24, 406.32(c)–(d), 406.33, 

406.34, 407.20, 407.22(a)(5), 407.25(c), 

407.27(b), 408.22 and 408.24. 


Rmajette on DSK2VPTVN1PROD with RULES
7976 Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations 

BACKGROUND 

Section 3 of the Defense of Marriage 

Act (DOMA), enacted in 1996 (codified 

at 1 U.S.C. 7), defined ‘‘marriage’’ and 

‘‘spouse’’ as follows: ‘‘The word 

‘marriage’ means only a legal union 

between one man and one woman as 

husband and wife, and the word 

‘spouse’ refers only to a person of the 

opposite sex who is a husband or a 

wife.’’ However, in June 2013, the 

United States Supreme Court ruled that 

Section 3 of DOMA is unconstitutional. 

United States v. Windsor, 570 U.S. 12, 

133 S. Ct. 2675 (2013) (‘‘Windsor’’). 

After the Supreme Court’s opinion in 

Windsor, section 3 of DOMA no longer 

prohibits the Federal government from 

recognizing same-sex marriages when 

administering Federal statutes and 

programs and no longer controls the 

definition and recognition of a marital 

relationship in that context. 

Marital status is relevant to certain 

Medicare entitlements, premiums, 

benefits, and enrollment provisions. 

This Ruling provides binding CMS 

policy for the application of these 

provisions in the context of a same-sex 

marriage. 

RULING 

This Ruling states the CMS policies 

for implementing United States v. 

Windsor, 570 U.S. 12, 133 S. Ct. 2675 

(2013) for purposes of certain 

entitlement, eligibility and enrollment 

provisions for Medicare. Note that the 

rules for recognizing a same-sex 

marriage (and treatment of a same-sex 

relationship that is not a marriage) for 

purposes of eligibility and entitlement 

controlled by Title II of the Social 

Security Act (the Act) are different than 

the rules for recognizing a same-sex 

marriage (and treatment of a same-sex 

relationship that is not a marriage) for 

benefits provided under Title XVIII of 

the Act. 

POLICY 

Because section 3 of DOMA is 

unconstitutional, it no longer defines or 

controls the recognition of a marital 

relationship by the Federal government. 

In the absence of controlling law to the 

contrary, the Department of Health and 

Human Services (HHS) has adopted a 

policy of treating same-sex marriages on 

the same terms as opposite-sex 

marriages to the greatest extent 

reasonably possible and of recognizing 

marriages between individuals of the 

same sex who were lawfully married 

under the law of the state, territory, or 

foreign jurisdiction where the marriage 

was entered into (‘‘celebration rule’’), 

regardless of where the couple resides. 

As a general matter, for determinations 

made solely under Title II of the Act, we 

note that rules applicable specifically to 

Title II of the Act apply. In addition, for 

determinations made under Title XVIII, 

we note that rules applicable 

specifically to Title XVIII of the Act 

apply. 

Title II Provisions 

Title II determinations within the 

scope of this Ruling are eligibility for 

Medicare based on age or end-stage 

renal disease under sections 226 and 

226A of the Act. Section 216 of the Act 

explicitly provides the definitions of 

terms describing the marital 

relationship and directs recognition and 

deeming of marital relationships for all 

of Title II of the Act. As a result, section 

216 of the Act is the controlling 

provision in determining family and 

marital status for purposes of eligibility 

for Medicare when eligibility is based 

on a provision under Title II of the Act. 

Section 216(h)(1)(A)(i) explicitly 

controls recognition of a marriage: 

An applicant is the wife, husband, 

widow, or widower of a fully or 

currently insured individual for 

purposes of this subchapter if the courts 

of the State in which such insured 

individual is domiciled at the time such 

applicant files an application, or, if such 

insured individual is dead, the courts of 

the State in which he was domiciled at 

the time of death, or, if such insured 

individual is or was not so domiciled in 

any State, the courts of the District of 

Columbia, would find that such 

applicant and such insured individual 

were validly married at the time such 

applicant files such application or, if 

such insured individual is dead, at the 

time he died. 

The Social Security Administration 

(SSA) has issued policies interpreting 

and implementing section 216 of the 

Act in the context of same-sex marriages 

and other relationships. Generally, such 

policies look to the law of the domicile 

of the social security number holder to 

determine whether to recognize a 

marriage. Such interpretations of section 

216(h) are applicable for purposes of 

entitlement and eligibility 

determinations under sections 226 and 

226A. The SSA has interpreted and 

directed the application of section 

216(h) in the following Program 

Operations Manual System (POMS) 

sections issued by SSA: 

• GN 00210.002: Same-Sex 

Marriage—Determining Marital Status 

for Title II and Medicare Benefits. 

• GN 00210.003: Same-Sex 

Marriage—Dates States Permitted or 

Recognized Same-Sex Marriage. 

• GN 00210.004: Non-Marital 

Relationships (Such as Civil Unions and 

Domestic Partnerships). 

• GN 00210.006: Same-Sex Marriages 

Celebrated in Foreign Jurisdictions. 

CMS follows SSA interpretations on 

the application of section 216(h) to same 

sex marriages and same sex spouses for 

purposes of Title II. CMS policy 

illustrating the application of these 

policies to determinations made under 

sections 226 and 226A is articulated in 

the following POMS sections issued by 

SSA: 

Entitlement under section 226 and 42 

CFR 406.5 and 406.10: 

• GN 00210.100: Same-Sex Marriage 

and Non-Marital Legal Relationships— 

Benefits for Aged Spouses. 

• GN 00210.400: Same-Sex 

Marriage—Benefits for Surviving 

Spouses. 

Entitlement under section 226A and 

42 CFR 406.5 and 406.13: 

• GN 00210.705: Same-Sex 

Marriage—Medicare Based on End-Stage 

Renal Disease (ESRD). 

Title XVIII Provisions 

There are no controlling provisions in 

Title XVIII of the Act or regulations 

implementing the Title XVIII provisions 

within the scope of this Ruling that 

define or direct recognition or deeming 

of marital relationships. Therefore, CMS 

has adopted a policy of interpreting 

sections 1818(d), 1837(i) and 1839 of the 

Act in a manner that treats same-sex 

marriages on the same terms as 

opposite-sex marriages to the greatest 

extent reasonably possible and uses a 

celebration rule where possible. 

‘‘Celebration rule’’ means that a samesex marriage is recognized and treated 

as a lawful marriage (where marital 

status is relevant to a determination of 

entitlement) if the same-sex marriage 

was lawful where and when it occurred. 

Individuals in non-marital same-sex 

relationships (such as domestic 

partnerships or civil unions that are not 

marriages) are not considered married. 

The SSA processes applications and 

initial eligibility determinations under 

these statutes by applying CMS policy. 

CMS policy for the implementation of 

Windsor in the context of these Title 

XVIII provisions is articulated in the 

POMS sections issued by the SSA as 

follows: 

Calculation of hospital insurance 

(Part A) premium under section 1818(d) 

and 42 CFR 406.32(c): 

• GN 00210.706: Same-Sex 

Marriage—HI Premium Reduction for 

Aged and Disabled Individuals. 

Eligibility for a special enrollment 

period based on enrollment in a group 

health plan by reason of a spouse’s 


Rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations 7977 

current employment under sections 

1818(c) and 1837(i) and 42 CFR 406.24, 

407.20, 407.22, 407.25, and 407.27: 

• GN 00210.700: Same-Sex 

Marriage—Eligibility for Medicare 

Special Enrollment Period (SEP). 

Calculation of late enrollment penalty 

for premium hospital insurance 

(Premium Part A) and supplemental 

medical insurance (Part B) under 

section 1818(c) and 1839 and 42 CFR 

406.32(d), 406.33, 406.34, 408.22, and 

408.24: 

• GN 00210.701: Same-Sex 

Marriage—Premium Surcharge 

Rollback. 

EFFECTIVE DATE 

This Ruling is effective on February 9, 

2015, with respect to appeals on, 

initiated, or reopened in accordance 

with applicable rules after February 9, 

2015, for entitlement and enrollment 

determinations made on or after June 

26, 2013. This ruling does not apply to 

appeals of entitlement and enrollment 

determinations made before June 26, 

2013. 

Dated: February 9, 2015 

lllllllllllllllllll

Marilyn Tavenner, 

Administrator, Centers for Medicare & 

Medicaid Services. 

[FR Doc. 2015–03069 Filed 2–12–15; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–245, RM–11740; DA 15– 

150] 

Television Broadcasting Services; 

Longview, Texas 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: A petition for rulemaking was 

filed by KCEB License Company, LLC 

(‘‘KCEB License’’), the licensee of 

KCEB(TV), channel 51, Longview, 

Texas, requesting the substitution of 

channel 26 for channel 51 at Longview. 

KCEB License filed comments 

reaffirming its interest in the proposed 

channel substitution and explained that 

the channel substitution will replicate 

KCEB(TV)’s current coverage area on 

channel 51 and serve 34,104 more 

persons than the current channel 51 

facility. This will eliminate any 

potential interference with wireless 

operations in the Lower 700 MHz A 

Block and facilitate the clearing of the 

adjacent television band as 

expeditiously as possible. 

DATES: Effective February 13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Miller, Jeremy.Miller@fcc.gov, 

Media Bureau, (202) 418–1507. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 14–245, 

adopted February 9, 2015, and released 

February 9, 2015. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street SW., Washington, 

DC 20554. This document will also be 

available via ECFS (http://

fjallfoss.fcc.gov/ecfs/). To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

the Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Texas is amended by removing 

channel 51 and adding channel 26 at 

Longview. 

[FR Doc. 2015–03168 Filed 2–12–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

[Docket No. 130404330–5117–03] 

RIN 0648–BC76 

Endangered and Threatened Species; 

Designation of Critical Habitat for the 

Puget Sound/Georgia Basin Distinct 

Population Segments of Yelloweye 

Rockfish, Canary Rockfish and 

Bocaccio; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correcting amendment. 

SUMMARY: This action corrects an 

omission in the final rule to designate 

critical habitat for three DPSs of rockfish 

from the Puget Sound/Georgia Basin. 

The final rule for ‘‘Designation of 

Critical Habitat for the Puget Sound/

Georgia Basin Distinct Population 

Segments of Yelloweye Rockfish, 

Canary Rockfish and Bocaccio’’ failed to 

update the columns labeled ‘‘Critical 

habitat,’’ in the tables of threatened and 

endangered species to cross reference 

these new rules. Therefore, this 

document corrects the tables by citing 

the critical habitat designations in the 

columns of the tables. 

DATES: This final rule is effective 

February 11, 2015. 

ADDRESSES: Information regarding this 

final rule may be obtained by contacting 

NMFS, Endangered Species Division, 

1315 East West Highway, Silver Spring, 

MD 20910. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Dwayne Meadows, NMFS, Office of 

Protected Resources (301) 427–8403. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

In a final rule NMFS published on 

November 13, 2014 (79 FR 68041) to 

designate critical habitat for 3 DPSs of 

rockfishes, we did not update the 

columns labeled ‘‘Critical habitat’’ in 

the tables of threatened and endangered 

species in 50 CFR 223.102(e) and 50 

CFR 224.101(h), respectively, to cross 

reference these new rules. 


Rmajette on DSK2VPTVN1PROD with RULES