19848 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Proposed Rules 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Airbus: Docket No. FAA–2014–0193; 

Directorate Identifier 2013–NM–234–AD. 

(a) Comments Due Date 

We must receive comments by May 27, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A318– 

111, –112, –121, and –122 airplanes; Model 

A319–111, –112, –113, –114, –115, –131, 

–132, and –133 airplanes; Model A320–111, 

–211, –212, –214, –231, –232, and –233 

airplanes; and Model A321–111, –112, –131, 

–211, –212, –213, –231, and –232 airplanes; 

certificated in any category; all manufacturer 

serial numbers on which Airbus modification 

21202 has been embodied in production, 

except those on which modification 152569 

has been embodied in production. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by a report of a 

crack found in the side box beam flange of 

the fuselage at the frame (FR) 43 level during 

a fatigue test campaign. We are issuing this 

AD to prevent cracking in the side box beam 

flange of the fuselage, which could affect the 

structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection 

At the time specified in paragraph (g)(1) or 

(g)(2) of this AD, whichever occurs later: Do 

a rototest inspection for cracking of the beam 

flange of the stiffener 15 side box on the leftand right-hand sides in the FR43 area, in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

53–1258, dated October 18, 2012. Repeat the 

inspection thereafter at intervals not to 

exceed 7,500 flight cycles or 15, 000 flight 

hours, whichever occurs first. 

(1) Before exceeding 24,000 flight cycles or 

48,000 flight hours, whichever occurs first 

since the airplane’s first flight. 

(2) Within 3,000 flight cycles or 6,000 

flight hours, whichever occurs first after the 

effective date of this AD. 

(h) Corrective Action 

If any crack is found during any inspection 

required by paragraph (g) of this AD: Before 

further flight, repair using a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or European Aviation 

Safety Agency (EASA) (or its delegated agent, 

or the Design Approval Holder (DAH) with 

EASA design organization approval). For a 

repair method to be approved, the repair 

approval must specifically refer to this AD. 

(i) Modification 

Before exceeding 48,000 flight cycles or 

96,000 flight hours, whichever occurs first 

since the airplane’s first flight: Modify the 

fittings on the left- and right-hand sides of 

the torsion box, including doing all 

applicable related investigative and 

corrective actions, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–53–1251, Revision 01, 

dated October 18, 2013; except where Airbus 

Service Bulletin A320–53–1251, Revision 01, 

dated October 18, 2013, specifies to contact 

Airbus for repair, before further flight, repair 

using a method approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or European 

Aviation Safety Agency (EASA) (or its 

delegated agent, or the Design Approval 

Holder (DAH) with EASA design 

organization approval). For a repair method 

to be approved, the repair approval must 

specifically refer to this AD. 

(j) Terminating Action 

Modification of the airplane as required by 

paragraph (i) of this AD constitutes 

terminating action for the repetitive 

inspections required by paragraph (g) of this 

AD. 

(k) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (i) of this AD, if those 

actions were performed before the effective 

date of this AD using Airbus Service Bulletin 

A320–53–1251, November 16, 2012, which is 

not incorporated by reference in this AD. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM 116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227 1405; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent, or the DAH with a State 

of Design Authority’s design organization 

approval, as applicable). For a repair method 

to be approved, the repair approval must 

specifically refer to this AD. You are required 

to ensure the product is airworthy before it 

is returned to service. 

(m) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2013–0261, dated 

October 28, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.gov 

by searching for and locating it in Docket No. 

FAA–2014–0193. 

(2) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EAS, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; Internet 

http://www.airbus.com. You may view this 

service information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on April 1, 

2014. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–08071 Filed 4–9–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 85a 

[Docket No. CDC–2014–0001; NIOSH–271] 

RIN 0920–AA51 

Occupational Safety and Health 

Investigations of Places of 

Employment 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The National Institute for 

Occupational Safety and Health 

(NIOSH) in the Centers for Disease 

Control and Prevention (CDC) within 

the Department of Health and Human 

Services (HHS) is withdrawing a 

previously published notice of proposed 

rulemaking that solicited public 

comment on minor technical 

amendments to regulatory text. 

DATES: The notice of proposed 

rulemaking published at 79 FR 2809, 


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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Proposed Rules 19849 

January 16, 2014, is withdrawn, 

effective immediately. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Schnorr Ph.D., Director NIOSH 

Division of Surveillance, Hazard 

Evaluations and Field Studies 

(DSHEFS); 4676 Columbia Parkway, 

Cincinnati, OH 45226; 513–841–4428 

(this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: On 

January 16, 2014, HHS published a 

notice of proposed rulemaking (NPRM) 

to make minor technical amendments to 

the regulatory text in 42 CFR Part 85a 

(79 FR 2809). On the same date, HHS 

simultaneously published a companion 

direct final rule (DFR) that offered 

identical updates because the agency 

believed that the revisions were noncontroversial and unlikely to generate 

significant adverse comment (79 FR 

2789). In the NPRM preamble, HHS 

stated that if no significant adverse 

comments were received by March 17, 

2014, the NPRM would be withdrawn 

and the effective date of the final rule 

would be confirmed within 30 days of 

the conclusion of the comment period. 

HHS received one public comment that 

was not a significant adverse comment, 

but rather was in support of the 

companion NPRM. Because HHS did 

not receive any significant adverse 

comments to the NPRM within the 

specified comment period, we hereby 

withdraw this NPRM from rulemaking. 

Dated: April 3, 2014. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2014–07987 Filed 4–9–14; 8:45 am] 

BILLING CODE 4163–18–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 10–71; FCC 14–29] 

Network Non-Duplication and 

Syndicated Exclusivity Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on whether 

to eliminate or modify the network nonduplication and syndicated exclusivity 

rules in light of changes in the video 

marketplace in the more than 40 years 

since these rules were adopted. The 

Commission seeks comment on whether 

the exclusivity rules are still needed to 

protect broadcasters’ ability to compete 

in the video marketplace and to ensure 

that program suppliers have sufficient 

incentives to develop new and diverse 

programming and on the impact of 

eliminating of the exclusivity rules. 

DATES: Comments for this proceeding 

are due on or before May 12, 2014; reply 

comments are due on or before June 9, 

2014. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 10–71, by 

any of the following methods: 

• Federal Communications 

Commission’s Web site: http://

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although the Commission continues to 

experience delays in receiving U.S. 

Postal Service mail). All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• People With Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Kathy 

Berthot, Kathy.Berthot@fcc.gov, of the 

Media Bureau, Policy Division, (202) 

418–7454. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking, FCC 

14–29, adopted on March 31, 2014 and 

released on March 31, 2014. The full 

text is available for public inspection 

and copying during regular business 

hours in the FCC Reference Center, 

Federal Communications Commission, 

445 12th Street SW., CY–A257, 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). Documents will 

be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat. The 

complete text may be purchased from 

the Commission’s copy contractor, 445 

12th Street SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an email to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

This document contains no proposed 

information collection requirements. 

SUMMARY: 

I. Introduction 

1. We are issuing this FNPRM to 

solicit additional comment on whether 

we should eliminate or modify our 

network non-duplication and 

syndicated exclusivity rules. We 

received numerous comments on this 

issue in response to the NPRM. 

However, the record developed in this 

proceeding to date is not sufficient for 

us to yet make a determination whether 

the exclusivity rules are still needed in 

today’s competitive video marketplace 

or to assess the potential impact on 

affected parties of eliminating these 

rules. Given the complex issues 

involved, we believe it is necessary and 

appropriate to undertake a more 

comprehensive review of the exclusivity 

rules and to compile a more complete 

record. 

II. Background 

2. A broadcaster may carry network 

and syndicated programming on its 

local television station(s) only with the 

permission of the networks or 

syndicators that own or hold the rights 

to that programming, as reflected in 

network/affiliate agreements or 

syndication agreements. In addition, the 

ability of broadcasters to grant 

retransmission consent for MVPD 

carriage may be constrained by the 

network/affiliate agreement or by the 

syndication agreement because such 

agreements generally limit the 

geographical area in which the station 

holds exclusive rights to network or 

syndicated programming. The 

Commission’s network non-duplication 

and syndicated exclusivity rules are 

designed to serve as a means of 

enforcing contractual exclusivity 

agreements entered into between 

broadcasters, which purchase the 

distribution rights to programming, and 

networks and syndicators, which supply 

the programming. Thus, the network 

non-duplication and syndicated 

exclusivity rules require that the 

broadcaster have contractual exclusivity 

rights and provide proper notice to the 

relevant MVPD, requesting that an 

MVPD delete duplicative network or 

syndicated programming. The rules may 

be invoked by stations that elect 

retransmission consent in their local 

markets, even if they are not actually 

carried by the MVPD, to prevent an 

MVPD from carrying programming of a 

distant station that duplicates local 

broadcast station programming. By 

requiring MVPDs to delete duplicative 

network or syndicated programming 


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