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Federal Register Highlights – 9/30/13

September 30, 2013

Unpublished, time-sensitive and proposed rules for 9/30/13:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone during the dredging of Cherry Island Range Deepwater Point Anchorage No. 6 in the Delaware River. Norfolk Construction and the Dredge ESSEX have been contracted by the Army Corps of Engineers for maintenance dredging of a portion of the Delaware River. Submerged pipeline will be present in the northern half of Deepwater Anchorage No. 6 to facilitate the project. This regulation is necessary to provide for the safety of life on the navigable waters of the Delaware River. This safety zone is intended to restrict vessel traffic movement to protect mariners from the hazards associated with the presence of the submerged pipeline in the anchorage. This rule is effective as to persons with actual notice from 5 a.m. on September 10, 2013, until 11 p.m. on October 15, 2013. In compliance with 5 U.S.C. 552(a)(1), this rule is effective without actual notice from the date it is published in the Federal Register, September 30, 2013, until 11 p.m. on October 15, 2013.

TEMPORARY RULE: The Coast Guard is establishing a special local regulation on the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida during the Clearwater Super Boat National Championship Race. The race is scheduled to take place from 9:30 a.m. to 4 p.m. on September 29, 2013. Approximately 35 boats, ranging in length from 24 feet to 50 feet, traveling at speeds in excess of 100 miles per hour are expected to participate. Additionally, it is anticipated that 400 spectator vessels will be present along the race course. The special local regulation is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on the navigable waters of the United States during the event. The special local regulation will temporarily restrict vessel traffic in the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida. The special local regulation will establish the following three areas: A race area, where all persons and vessels, except those persons and vessels participating in the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a buffer area, where all persons and vessels, except those vessels enforcing the buffer area, are prohibited from entering, transiting through, anchoring in, or remaining within; and a spectator area, where all vessels must be anchored or operate at No Wake Speed. This rule will be effective from 9:30 a.m. to 4:30 p.m. on September 29, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–600, –700, –700C, –800, and –900 series airplanes. This AD was prompted by a report of cracks found in the skin at body station (STA) 540 just below stringer S–22L on a Model 737–700 series airplane. This AD requires repetitive detailed and high frequency eddy current inspections for cracking of the skin around the eight fasteners common to the ends of the STA 540 bulkhead chords between stringers S–22 and S–23, left and right sides; and corrective actions and preventive modification if necessary. We are issuing this AD to detect and correct fatigue cracking in the skin, which can result in rapid decompression of the cabin. This AD is effective November 4, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. This AD was prompted by a report of chafing damage to a wire bundle that was arcing to hydraulic tubing and caused by insufficient separation between the wire bundle and the hydraulic tubing in the main landing gear (MLG) wheel well. This AD requires an inspection for damage of wire bundles and hydraulic tubing on the right side of the forward bulkhead of the MLG wheel well; installation of new clamps; and corrective actions, as applicable. We are issuing this AD to detect and correct possible damage caused by insufficient separation between the wire bundles and hydraulic tubing to prevent electrical arcing in a flammable fluid leakage zone, which could lead to a wheel well fire. This AD is effective November 4, 2013.

PROPOSED RULE: This document seeks comment on proposals to amend the Commission’s rules to promote spectrum efficiency, interoperability, and restrict interference in public safety operations in the (806–809/851–854 MHz, 150–170 MHz and 450–470 MHz bands). By this action, the Commission affords interested parties an opportunity to submit comments on these proposed rule changes. Comments are due on or before November 14, 2013 and reply comments are due on or before November 29, 2013. (To submit comments, visit www.regulations.gov, reference PS Docket No. 13–209.)

PROPOSED RULE: The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) created new section 129C in the Truth-in-Lending Act (TILA), which establishes minimum standards for considering a consumer’s repayment ability for creditors originating certain closed-end, dwelling- secured mortgages, and generally prohibits a creditor from making a residential mortgage loan unless the creditor makes a reasonable and good-faith determination of a consumer’s ability to repay the loan according to its terms. Section 129C provides lenders more certainty about meeting the ability-to-repay requirements when lenders make ‘‘qualified mortgages,’’ which are presumed to meet the requirements. Section 129C authorizes the agency with responsibility for compliance with TILA, which was initially the Federal Reserve Board and is now the Consumer Financial Protection Bureau (CFPB), to issue a rule implementing these requirements. The CFPB has issued its rule implementing these requirements, referred to throughout this proposed rule as the CFPB final rule. The Dodd-Frank Act also charges HUD and three other Federal agencies with prescribing regulations defining the types of loans that these Federal agencies insure, guarantee, or administer, as applicable, that are qualified mortgages. Through this proposed rule, HUD submits for public comment its definition of ‘‘qualified mortgage’’ for the types of loans that HUD insures, guarantees, or administers that aligns with the statutory ability-to-repay criteria of TILA and the regulatory criteria of the CFPB’s definition, without departing from HUD’s statutory missions. In this rulemaking, HUD proposes that any forward single family mortgage insured or guaranteed by HUD shall meet the criteria of a qualified mortgage, as defined in this rule, and HUD seeks comment on all components of its definition. Comment Due Date: October 30, 2013. (To submit comments, visit www.regulations.gov, reference docket number FR 5707–P–01.)

TEMPORARY RULE: NMFS is closing the commercial management groups for aggregated LCS and hammerhead sharks in the Atlantic region, and blacknose sharks and non-blacknose SCS in the Atlantic region. This action is necessary because the commercial landings of Atlantic aggregated LCS and Atlantic blacknose sharks for the 2013 fishing season have reached, or are projected to reach, 80 percent of the available commercial quota as of September 13 and September 26, 2013, respectively. The commercial Atlantic aggregated LCS and Atlantic hammerhead shark management groups and the commercial Atlantic blacknose shark and Atlantic non-blacknose SCS management groups are closed effective 11:30 p.m. local time September 30, 2013 until the end of the 2013 fishing season on December 31, 2013 or until NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened.

PROPOSED RULE: The U.S. Department of Transportation (Department) seeks comment on four new proposals to strengthen the legal protections provided to consumers of charter air transportation. First, this proposal would require air taxis and commuter air carriers that sell charter air transportation but rely on others to perform that air transportation to make certain consumer disclosures as recommended by the National Transportation Safety Board (NTSB). This proposal would also create a new class of indirect air carriers to be called ‘‘air charter brokers’’ to provide as principals single entity charter air transportation of passengers aboard large and small aircraft. In addition, this NPRM would codify the exemption authority granted to indirect air carriers to engage in the sale of air transportation related to air ambulance services. Finally, the NPRM would make clear and codify that certain air services performed under contract with the Federal Government are in common carriage. Interested persons are invited to submit comments regarding this proposal. Comments must be received on or before November 29, 2013. (To submit comments, visit www.regulations.gov, reference docket number DOT–OST–2007–27057.)

 

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