Unpublished, time-sensitive and proposed rules for May 24, 2016:
PROPOSED RULE: Pursuant to section 1028(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111– 203), the Bureau of Consumer Financial Protection (Bureau) is proposing to establish 12 CFR part 1040, which would contain regulations governing two aspects of consumer finance dispute resolution. First, the proposed rule would prohibit covered providers of certain consumer financial products and services from using an agreement with a consumer that provides for arbitration of any future dispute between the parties to bar the consumer from filing or participating in a class action with respect to the covered consumer financial product or service. Second, the proposal would require a covered provider that is involved in an arbitration pursuant to a pre-dispute arbitration agreement to submit specified arbitral records to the Bureau. The Bureau proposes that the rulemaking would apply to certain consumer financial products and services. The Bureau is also proposing to adopt official interpretations to the proposed regulation. Comments must be received on or before August 22, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. CFPB–2016–0020.)
PROPOSED RULE: The Department of Justice is proposing to promulgate regulations establishing the Federal Bureau of Investigation’s (FBI’s) National Environmental Policy Act (NEPA) procedures. These proposed regulations would establish a process for the FBI’s implementation of NEPA, Executive Order 11514, Executive Order 12114, and Council on Environmental Quality (CEQ) and Department of Justice (Department) regulations addressing the procedural provisions of NEPA. Pursuant to CEQ regulations, the FBI is soliciting comments on the proposed FBI NEPA regulations from members of the interested public. Written comments must be postmarked and electronic comments must be submitted on or before July 25, 2016. (To submit comments, visit www.regulations.gov, reference RIN 1110–AA32.)
PROPOSED RULE: The Federal Trade Commission (FTC or Commission) proposes to amend the rules on Disclosure of Written Consumer Product Warranty Terms and Conditions (Disclosure Rule) and Pre-Sale Availability of Written Warranty Terms (Pre-Sale Availability Rule) to give effect to the E-Warranty Act, which allows for the use of Internet Web sites to disseminate warranty terms to consumers in some circumstances. Comments must be received on or before June 17, 2016. (To submit comments, visit www.regulations.gov, reference RIN 3084–AB24 and AB25.)
Unpublished, time-sensitive and proposed rules for May 23, 2016:
RULE: We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE- FALCON 900 airplanes, FALCON 900EX airplanes, and FALCON 2000EX airplanes. This AD was prompted by a report that during a test flight, it was found that the yaw damper on the takeoff roll can increase the Minimum Control Speed on Ground (Vmcg). This AD requires revising the airplane flight manual (AFM) to incorporate procedures for the flightcrew to check that the yaw damper is set to “off” before takeoff. We are issuing this AD to ensure that the flightcrew has procedures to set the yaw damper to “off” before takeoff, which, if activated, could result in reduced control of the airplane if one engine were to fail during takeoff. This AD is effective June 27, 2016.
PROPOSED RULE: The Federal Emergency Management Agency (FEMA) is proposing to remove the copy of the Financial Assistance/Subsidy Arrangement and the summary of the Financial Control Plan from the appendices of its National Flood Insurance Program regulations, as it is no longer necessary or appropriate to retain a contract, agreement, or any other arrangement between FEMA and private insurance companies in the Code of Federal Regulations. Comments are due on or before July 22, 2016. (To submit comments, visit www.regulations.gov, reference Docket ID: FEMA–2016–0012.)
PROPOSED RULE: NMFS proposes management measures for the 2016 summer flounder, scup, and black sea bass recreational fisheries. NMFS is also proposing a change to the commercial scup incidental possession limit, and two minor corrections to the summer flounder minimum mesh size regulations. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of these measures is to constrain recreational catch to established limits and prevent overfishing of the summer flounder, scup, and black sea bass resources. The intent of the commercial scup regulatory change is to reduce unnecessary discards by allowing more incidentally caught scup to be retained by vessels. The regulatory corrections are intended to clarify the original purpose of the regulation. Comments must be received by 5 p.m. local time, on June 7, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2016–0029.)
Unpublished, time-sensitive and proposed rules for May 19, 2016:
TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for waters of the Sabine River, shoreline to shoreline, adjacent to the public boat ramp located in Orange, TX. This safety zone is necessary to protect persons and vessels from hazards associated with a high speed boat race competition. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, Port Arthur. This rule is effective from 8:30 a.m. on May 21, 2016, through 6 p.m. on May 22, 2016.
PROPOSED RULE: The Office of the Secretary of Defense proposes to exempt records maintained in DUSDI 01–DoD “Department of Defense (DoD) Insider Threat Management and Analysis Center (DITMAC) and DoD Component Insider Threat Records System,” from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy Act. A system of records notice for this system has been published today in the Federal Register. In addition, in the course of carrying out collections and analysis of information in connection with the operations of the DITMAC and DoD Component insider threat programs, exempt records received from other systems of records may become part of this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the Department also claims the same exemptions for the records from those other systems that are maintained in this system, as claimed for the original primary system of which they are a part. In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is given a 30-day period in which to comment. Therefore, please submit any comments by June 20, 2016. (To submit comments, visit www.regulations.gov, reference Docket ID: DoD–2016–OS–0059.)
PROPOSED RULE: The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment. EPCA also authorizes DOE to establish standards for certain other types of industrial equipment, including compressors. Such standards must be technologically feasible and economically justified, and must save a significant amount of energy. In this document, DOE proposes energy conservation standards for compressors and announces a public meeting to receive comment on the proposed standards and associated analyses and results. Comments: DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than July 18, 2016. (To submit comments, visit www.regulations.gov, reference Docket Number EERE–2013–BT–STD–0040.)
PROPOSED RULE: The U.S. Department of Energy (DOE) is proposing to revise its battery charger test procedure established under the Energy Policy and Conservation Act of 1975, as amended. These proposed revisions, if adopted, will add a discrete test procedure for uninterruptible power supplies (UPSs) to the current battery charger test procedure. Comments: DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than July 18, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. EERE–2016–BT–TP–0018.)
PROPOSED RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–102, –103, –106, –201, –202, –301, –311, and –315 airplanes. This AD was prompted by a report of a pilot commanding an in- flight engine shut down in response to a low oil pressure warning indication. Further investigation revealed the mounting studs in the engine mounted alternating current (AC) generator mounting plate were pulled out of position and the threaded interface in the plate was corroded. This AD requires repetitive inspections for discrepancies on certain AC generator mounting adapters, and replacing discrepant adapters with serviceable ones. This AD also requires revising the maintenance program to incorporate a repetitive task specified in certain temporary revisions. We are issuing this AD to detect and correct corrosion in the AC generator mounting plate, which could result in a gap between the AC generator and the generator mounting plate, and cause loss of engine oil and consequent engine failure. This AD is effective June 23, 2016.
PROPOSED RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model BD–700–1A10 and BD–700–1A11 airplanes. This AD was prompted by a determination that the network interface installed between the Information Management System (IMS) 6000 unit and the Cabin Entertainment System (CES) network could affect the Aircraft Control Domain (ACD), and result in the transmission of misleading navigational information to the flightcrew. This AD requires inspecting the network interface installation between the IMS and the CES, and disconnecting the installation, if necessary. We are issuing this AD to prevent the transmission of misleading navigational information, which could adversely affect the ability of the flightcrew to maintain the safe flight and landing of the airplane. This AD is effective June 23, 2016.
PROPOSED RULE: We are superseding Airworthiness Directive (AD) 2014–20– 01 for certain Bombardier, Inc. Model CL–600–2B16 (CL–601–3A, CL–601–3R, and CL–604 Variants) airplanes. AD 2014–20–01 required repetitive inspections for any fuel leak in the right-hand landing lights compartment, and related investigative and corrective actions if necessary. AD 2014–20–01 also provides for an optional replacement of the connector of the fuel boost pump canister of the auxiliary power unit (APU), which terminates the repetitive inspections. This new AD requires replacing the connector of the fuel boost pump canister of the APU. This AD was prompted by the determination that a terminating action for the repetitive inspections is necessary. We are issuing this AD to detect and correct fuel leaks in the right- hand landing lights compartment, which, in combination with the heat generated by the taxi lights and landing lights on the ground reaching the auto- ignition temperature of the fuel, could result in ignition of any fuel or fumes present in the right-hand landing lights compartment. This AD becomes effective June 23, 2016.
PROPOSED RULE: This rule proposes to codify several significant changes to FHA’s Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013, and to make additional regulatory changes. The Home Equity Conversion Mortgage program is FHA’s reverse mortgage program that enables seniors who have equity in their homes to withdraw a portion of the accumulated equity. The intent of the Home Equity Conversion Mortgage program is to ease the financial burden on elderly homeowners facing increased health, housing, and subsistence costs at a time of reduced income. FHA’s mission is to serve underserved markets, which must be balanced with HUD’s inherent, as well as, statutory obligation under the National Housing Act to protect the FHA insurance funds. The impacts of the recent financial crisis, including a decline in property values, shrinking retirement accounts, and changing borrower demographics placed seniors with Home Equity Conversion Mortgages at an increased risk of losing their homes due to their inability to make tax and insurance payments. During this time, the FHA HECM program was the only reverse mortgage program available for seniors. The above referenced economic and market factors, combined with certain program features, resulted in increased risk to the Mutual Mortgage Insurance Fund (MMIF). This rulemaking strengthens the FHA HECM program and codifies changes made under the Reverse Mortgage Stabilization Act of 2013 that reduce risk to the MMIF and increase the sustainability of this important program for seniors. Comment Due Date: July 18, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FR–5353–P–01.)
Unpublished, time-sensitive and proposed rules for May 18, 2016:
TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the US2 Bridge across Lake Champlain (The Gut), mile 91.8, between North Hero and South Hero Island, Vermont. This deviation is necessary to allow the bridge owner to perform mechanical and electrical repairs at the bridge. This deviation is effective without actual notice from May 18, 2016 to 8 a.m. on June 15, 2016.
PROPOSED RULE: The Environmental Protection Agency (EPA) proposes revisions to the National Pollutant Discharge Elimination System regulations to eliminate regulatory and application form inconsistencies; improve permit documentation, transparency and oversight; clarify existing regulations; and remove outdated provisions. This proposal would make specific targeted changes to the existing regulations and would not reopen the regulations for other specific or comprehensive revision. These proposed regulatory changes cover 15 topics in the following major categories: permit applications; the water quality-based permitting process; permit objection, documentation and process efficiencies; the vessels exclusion; and the Clean Water Act (CWA) section 401 certification process. These revisions would further align NPDES regulations with statutory requirements from the 1987 CWA Amendments and more recent case law requirements. By modernizing the NPDES regulations, the proposed revisions would provide NPDES permit writers with improved tools to write well-documented permits to protect human health and the environment. The revisions would also provide the public with enhanced opportunities for public participation in permitting actions. Comments must be received on or before July 18, 2016. (To submit comments, visit www.regualtions.gov, reference Docket ID No. EPA–HQ–OW–2016–0146.)
PROPOSED RULE: HUD’s Consolidated Plan is a planning mechanism designed to help States and local governments to assess their affordable housing and community development needs and to make data- driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from HUD’s formula block grant programs. This proposed rule would amend HUD’s Consolidated Plan regulations to require that jurisdictions consider two additional concepts in their planning efforts. The first concept is how to address the need for broadband access for low- and moderate-income residents in the communities they serve. Broadband is the common term used to refer to a high-speed, always on connection to the Internet. Such connection is also referred to as high-speed broadband or high-speed Internet. Specifically, the proposed rule would require that States and localities that submit a consolidated plan describe the broadband access in housing occupied by low- and moderate-income households. If low- income residents in the communities do not have such access, States and jurisdictions must consider providing broadband access to these residents into their decisions on how to invest HUD funds. The second concept to be added to the Consolidated Plan process would require jurisdictions to consider incorporating resilience to natural hazard risks, taking care to anticipate how risks will increase due to climate change, into development of the Plan in order to begin addressing impacts of climate change on low- and moderate- income residents. Comments Due Date: July 18, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FR 5891–P–01.)
PROPOSED RULE: Through this proposed rule, HUD continues its efforts to narrow the digital divide in low-income communities served by HUD by providing, where feasible and with HUD funding, broadband infrastructure to communities in need of such infrastructure. Broadband is the common term used to refer to a very fast connection to the Internet. Such connection is also referred to as high- speed broadband, broadband Internet, or high-speed Internet. In this proposed rule, HUD proposes to require installation of broadband infrastructure at the time of new construction or substantial rehabilitation of multifamily rental housing that is funded or supported by HUD. Installation of broadband infrastructure at the time of new construction or substantial rehabilitation is generally easier and less costly than when such installation is undertaken as a stand-alone effort. The proposed rule, however, recognizes that installation of broadband infrastructure may not be feasible for all new construction or substantial rehabilitation, and, therefore, the proposed rule allows limited exceptions to the installation requirements. Installing unit-based broadband infrastructure in multifamily rental housing that is newly constructed or substantially rehabilitated with or supported by HUD funding will provide a platform for individuals and families residing in such housing to participate in the digital economy, and increase their access to economic opportunities. Comment due date: July 18, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FR 5890–P–01.)
Unpublished, time-sensitive and proposed rules for May 17, 2016:
PROPOSED RULE: Through this Notice of Proposed Rulemaking, the Surface Transportation Board (Board or STB) is proposing rules for investigations conducted on the Board’s own initiative pursuant to the Surface Transportation Board Reauthorization Act of 2015. Comments are due by June 15, 2016. Replies are due by July 15, 2016. (To submit comments, visit www.stb.dot.gov and follow the instructions at the “E-Filing” link. Comments may also be submitted in writing by sending 10 copies to: Surface Transportation Board, Attn: EP 731, 395 E Street SW., Washington, DC 20423–0001.)
Unpublished, time-sensitive and proposed rules for May 16, 2016:
TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Montlake Bridge across the Lake Washington Ship Canal, mile 5.2, at Seattle, WA. The deviation is necessary to accommodate the University of Washington, and University of Washington Bothell commencement ceremony traffic. This deviation allows the bridge to remain in the closed-to-navigation position to accommodate the timely movement of vehicular traffic. This deviation is effective from 9:30 a.m. on June 11, 2016 to 6:15 p.m. on June 12, 2016.
TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the upper deck of the Steel Bridge, mile 12.1, and the Burnside Bridge, mile 12.4, both crossing the Willamette River, at Portland, OR. The deviation is necessary to accommodate the annual Rose Festival Parade event, which crosses the Steel Bridge and Burnside Bridge. This deviation allows the upper deck of the Steel Bridge and Burnside Bridge to remain in the closed-to-navigation position and need not open for marine traffic to allow for the safe movement of event participants. This deviation is effective from 7 a.m. to 2 p.m. on June 11, 2016.
TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for all waters of the Upper Mississippi River (UMR) from mile 853.2 to mile 854.2. The safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP). Deviation from the safety zone may be requested and will be considered on a case-by-case basis as specifically authorized by the COTP or a designated representative. This rule is effective from 10 p.m. until 11 p.m. on June 17, 2016.
PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to revise the minimum monitoring requirements for near-road nitrogen dioxide (NO2) monitoring by removing the existing requirements for near-road NO2 monitoring stations in Core Based Statistical Areas (CBSAs) having populations between 500,000 and 1,000,000 persons, that are due by January 1, 2017. Current near-road NO2 monitoring data indicate air quality levels in the near-road environment are well below the National Ambient Air Quality Standards (NAAQS) for the oxides of nitrogen. In light of this information, and due to the relationship between population, traffic, and expected NO2 concentrations in the near-road environment, it is anticipated that measured near-road NO2 concentrations in relatively smaller CBSAs (e.g., CBSAs with populations less than 1,000,000 persons) would exhibit similar, and more likely, lower concentrations, than what is being measured in larger urban areas. Comments must be received on or before June 30, 2016. (To submit comments, visit www.regulations.gov, reference Docket ID No. EPA–HQ–OAR–2015–0486.)
RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 757 airplanes. This AD was prompted by a report of cracking in the fuselage frame. This AD requires inspections for cracking in the fuselage frame, left and right sides, and repair if necessary. We are issuing this AD to detect and correct fuselage frame fatigue cracking. Such cracking could result in loss of structural integrity and the inability to sustain loading conditions. This AD is effective June 20, 2016.
RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. This AD was prompted by reports of cracked antenna support channels, skin cracking underneath the number 2 very high frequency (VHF) antenna, and cracking in the frames attached to the internal support structure. This AD requires repetitive inspections to determine the condition of the skin and the internal support structure, and follow-on actions including corrective action as necessary. We are issuing this AD to detect and correct skin cracking of the fuselage. Such cracking could result in separation of the number 2 VHF antenna from the airplane and rapid depressurization of the cabin. This AD is effective June 20, 2016.
TEMPORARY RULE: NMFS is opening directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to fully use the 2016 groundfish total allowable catch specified for the species comprising the deep-water species category in the GOA. Effective 1200 hours, Alaska local time (A.l.t.), May 15, 2016, through 1200 hours, A.l.t., July 1, 2016.
TEMPORARY RULE: NMFS announces that the Northern Gulf of Maine Scallop Management Area will close for the remainder of the 2016 fishing year. No vessel issued a federal scallop permit, with the exception of Northern Gulf of Maine permit holders also holding a Maine state scallop permit and fishing under the state waters exemption program in Maine state waters, may fish for, possess, or land scallops from the Northern Gulf of Maine Scallop Management Area. Regulations require this action once NMFS projects that 100 percent of the 2016 total allowable catch for the Northern Gulf of Maine Scallop Management Area will be harvested. Effective 0001 hr local time, May 13, 2016, through February 28, 2017.
PROPOSED RULE: The Surface Transportation Board (Board or STB) is proposing to amend its arbitration procedures to conform to the requirements of the Surface Transportation Board Reauthorization Act of 2015. Comments are due by June 13, 2016. Replies are due by July 1, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. EP 730.)