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Federal Register Highlights – 4/18/13

April 18, 2013

Unpublished, time-sensitive and proposed rules for April 18, 2013:

PROPOSED RULE: This rule proposes clarifying and technical amendments to a final rule issued by the Bureau of Consumer Financial Protection (Bureau) on January 10, 2013, which, among other things, lengthens the time for which a mandatory escrow account established for a higher-priced mortgage loan (HPML) must be maintained. The rule also established an exemption from the escrow requirement for certain creditors that operate predominantly in ‘‘rural’’ or ‘‘underserved’’ areas. The amendments clarify the determination method for the ‘‘rural’’ and ‘‘underserved’’ designations and keep in place certain existing protections for HPMLs until other similar provisions take effect in January 2014. Comments must be received on or before May 3, 2013. (To submit comments, visit, reference docket number CFPB–2013–0009.)

TEMPORARY RULE: The Coast Guard is issuing a temporary deviation from the regulation governing the operation of the Southport SR27 Bridge across Townsend Gut, mile 0.7, between Boothbay Harbor and Southport, Maine. The bridge owner, Maine Department of Transportation, will be performing structural repairs at the bridge. This deviation allows the bridge to operate on a temporary schedule for eight weeks to facilitate scheduled bridge maintenance. This deviation is effective from April 27, 2013 through June 28, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone within the Lake Moovalya region of the navigable waters of the Colorado River in Parker, Arizona for the Blue Water Resort & Casino West Coast Nationals. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, and participating vessels. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative. This rule is effective from 6 a.m. on April 20, 2013, until 6 p.m. on April 21, 2013. It will be enforced from 6 a.m. to 6 p.m. daily on April 20 and 21, 2013.

PROPOSED RULE: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to require the use of Commercial and Government Entity (CAGE) codes, including North Atlantic Treaty Organization (NATO) CAGE (NCAGE) codes for foreign entities, for awards valued at greater than the micro-purchase threshold. The CAGE code is a five-character identification number used extensively within the Federal Government. The proposed rule will also require offerors, if owned or controlled by another business entity, to identify that entity during System for Award Management (SAM) registration. Interested parties should submit written comments to the Regulatory Secretariat on or before June 17, 2013 to be considered in the formation of the final rule. (To submit comments, visit, reference FAR Case 2012–024.)

PROPOSED RULE: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for eight chemical substances which were the subject of premanufacture notices (PMNs) P–11–327, P–11–328, P–11–329, P–11–330, P–11–331, P–11–332, P–12–298, and P–12–299. This action would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs. Comments must be received on or before May 20, 2013. (To submit comments, visit, reference docket number EPA–HQ–OPPT–2012–0740.)

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–200, A330–300, A340–200 and A340–300 series airplanes. This AD was prompted by a report that revealed the wheel axles of the main landing gear (MLG) were machined with a radius as small as 0.4 millimeters. This AD requires replacing the wheel axle of the MLG with a serviceable part. We are issuing this AD to prevent fatigue of the wheel axle of the MLG, which could adversely affect the structural integrity of the airplane. This AD becomes effective May 23, 2013.

RULE: We are adopting a new airworthiness directive (AD) for Bell Model 430 helicopters, which requires replacing certain components of the air data system. This AD was prompted by the discovery of incorrect indicated airspeed when the helicopter was tested to the cold temperature limits (-40 degrees centigrade) required for Category A operations. The actions of this AD are intended to correct the published Vne and to correct the indicated airspeed. This AD is effective May 23, 2013.

RULE: We are adopting a new airworthiness directive (AD) for Eurocopter France (ECF) Model AS332C, L, and L1 helicopters to require an initial and repetitive inspections of the outer skin, butt strap, and fuselage frame for a crack and modification of the helicopter. This AD was prompted by an AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, which states that a crack was discovered in a fuselage frame during a daily check. The actions of this AD are intended to detect a crack, to prevent loss of airframe structural integrity and subsequent loss of control of the helicopter. This AD is effective May 23, 2013.

RULE: We are adopting a new airworthiness directive (AD) for Grob-Werke Model G115EG airplanes. This AD 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 cracks in the elevator trim tab arms on several Grob G 115 airplanes, which could result in failure of the part and consequent loss of control. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective May 23, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777–200, –200LR, –300, –300ER, and 777F series airplanes. This AD was prompted by a report that during a test of the oxygen system, an operator found that the passenger oxygen masks did not properly flow oxygen, and that a loud noise occurred in the overhead area, which was caused by the flex line separating from the hard line due to a missing clamshell coupler. This AD requires, for certain airplanes, performing a detailed inspection of certain areas of the airplane oxygen system to ensure clamshell couplers are installed and fully latched, and corrective actions if necessary. For all airplanes, this AD requires performing and meeting the requirements of the low pressure leak test. We are issuing this AD to prevent the oxygen system flex line from separating from the hard line, which could cause an oxygen leak and a drop in the oxygen system pressure, resulting in improper flow of oxygen through the passenger masks and injury to passengers if emergency oxygen is needed. This AD is effective May 23, 2013.

PROPOSED RULE: The Board of Governors of the Federal Reserve System (Board) is inviting comments on a proposed rule to implement section 318 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), which directs the Board to collect assessments, fees, or other charges equal to the total expenses the Board estimates are necessary or appropriate to carry out the supervisory and regulatory responsibilities of the Board for bank holding companies and savings and loan holding companies with total consolidated assets of $50 billion or more and nonbank financial companies designated for Board supervision by the Financial Stability Oversight Council (Council). Comments should be received by June 15, 2013. (To submit comments, visit, reference RIN 7100–AD–95.)

PROPOSED RULE: This proposed rule would streamline the FHA financial statement reporting requirements for lenders and mortgagees who are supervised by federal banking agencies and whose consolidated assets do not meet the thresholds set by their supervising federal banking agencies for submission of audited financial statements (currently set at $500 million in consolidated assets). HUD’s regulations currently require all supervised lenders and mortgagees to submit annual audited financial statements as a condition of FHA lender approval and recertification. Through this proposed rule, in lieu of the annual audited financial statements, small supervised lenders and mortgagees would be required to submit the unaudited financial regulatory reports that align with their fiscal year ends and are required to be submitted to their supervising federal banking agencies. Small supervised lenders and mortgagees would only be required to submit audited financial statements if HUD determines that the supervised lenders or mortgagees pose heightened risk to the FHA insurance fund. This rule does not impact FHA’s annual audited financial statements submission requirement for nonsupervised and large supervised lenders and mortgagees. The rule also does not impact those supervised lenders and mortgagees with consolidated assets in an amount that requires that lenders or mortgagees submit audited financial statements to their respective supervising federal banking agencies. Finally, HUD has taken the opportunity afforded by this proposed rule to make three technical changes to current regulations regarding reporting requirements for FHA-approved supervised lenders and mortgagees. Comment Due Date: June 17, 2013. (To submit comments, visit, reference RIN 2502–AJ00.)

PROPOSED RULE: NASA is updating the NASA FAR Supplement (NFS) with the goal of eliminating unnecessary regulation, streamlining overly burdensome regulation, clarifying language, and simplifying processes where possible. This proposed rule is the first in a series and includes updates and revisions to five NFS parts. On January 18, 2011, President Obama signed Executive Order 13563, Improving Regulations and Regulatory Review, directing agencies to develop a plan for a retrospective analysis of existing regulations. The revisions to this rule are part of NASA’s retrospective plan under EO 13563 completed in August 2011. Interested parties should submit comments to NASA at the address below on or before June 17, 2013 to be considered in formulation of the final rule. (To submit comments, visit, reference RIN 2700–AE01.)



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