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Federal Register Highlights – 1/30/13

January 30, 2015

Unpublished, time-sensitive and proposed rules for January 30, 2015:

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–201, –202, –203, –301, –302, and –303 airplanes. This AD requires a one-time ultrasonic inspection for fractures of all aft mountpylon bolts of each engine. This AD was prompted by a report of one bolt on the aft engine mount upper beam found totally broken. We are issuing this AD to detect and correct fracture of the aft mount-pylon bolts, which could result in failure of the engine mount and consequent detachment of the engine. This AD becomes effective February 17, 2015.

RULE: We are superseding Airworthiness Directive (AD) 2009–06–06 for all Airbus Model A310 and A300–600 series airplanes. AD 2009–06–06 required revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations and maintenance tasks for aging systems maintenance. This new AD requires revising the maintenance or inspection program to incorporate new maintenance requirements and airworthiness limitations. This AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to prevent reduced structural integrity and reduced control of these airplanes due to the failure of system components. This AD becomes effective March 6, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–300, A340–200, and A340–300 series airplanes. This AD was prompted by a report of substantial inner skin disbonding damage found on a rudder. This AD requires performing an inspection for damage of certain rudders, and repair if necessary. We are issuing this AD to detect and correct damage of the rudder, which could result in reduced structural integrity of the rudder. This AD becomes effective March 6, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2B16 (CL–604 Variant) airplanes. This AD was prompted by reports of loose, broken, or backed-out spur gear bolts on the horizontal stabilizer trim actuator (HSTA). This AD requires a revision to the airplane flight manual, a revision to the maintenance or inspection program, as applicable, and replacement of HSTAs having certain part numbers. We are issuing this AD to detect and correct loose spur gear bolts on the HSTA, which, if combined with the failure of the primary load path, could lead to failure of the HSTA and subsequent loss of the airplane. This AD becomes effective March 6, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–400 series airplanes. This AD was prompted by reports of two in-service incidents where one side of the main landing gear (MLG) did not achieve down-lock. This AD requires doing a detailed inspection of the apex joints of the stabilizer brace lock link in the MLG for clearance; rectifying and repairing the clearance gap, if necessary; and lubricating the apex joints of the stabilizer brace lock link in the MLG. We are issuing this AD to detect and correct insufficiently greased stabilizer brace lock linkage of the MLG and over-torqued lock linkage attachment bolts, which could lead to the failure to extend and down-lock the MLG, and could affect the safe landing of the airplane. This AD becomes effective March 6, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE–FALCON 50 airplanes. This AD was prompted by a report of an untimely and intermittent indication of slat activity due to chafing of the electrical wiring under the glare shield and behind the flight deck front panel. This AD requires installing two protective plates between the electrical wiring under the glare shield and the engine fire pull handles. We are issuing this AD to prevent chafing of the electrical wiring, which could result in a short circuit and generation of smoke in the cockpit, potential loss of several functions essential for safe flight, and consequent reduced controllability of the airplane. This AD  becomes effective March 6, 2015.

RULE: We are adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. This AD was prompted by a determination of the need to revise the airplane airworthiness limitations related to the pylon yokes I and II, and the skin panel of the windshield pillar. This AD requires revising the maintenance or inspection program, as applicable. We are issuing this AD to prevent fatigue cracking of various structural elements, which could affect the structural integrity of the airplane. This AD becomes effective March 6, 2015.

PROPOSED RULE: In this notice of proposed rulemaking (Proposed Rule), the Federal Deposit Insurance Corporation (FDIC) proposes to make several amendments to its regulations covering “Fair Credit Reporting.” First, the FDIC proposes to rescind and remove from the Code of Federal Regulations 12 CFR part 391, subpart C (part 391, subpart C), entitled “Fair Credit Reporting.” This subpart was included in the regulations that  were transferred to the FDIC from the Office of Thrift Supervision (OTS) in connection with the implementation of applicable provisions of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The requirements for State savings associations in part 391, subpart C are substantively similar to those in the FDIC’s 12 CFR part 334 (part 334), also entitled “Fair Credit Reporting,” and is applicable for all insured depository institutions (“IDIs”) for which the FDIC has been designated the appropriate Federal banking agency. The FDIC proposes to modify the scope of 12 CFRs 334.1(b), 334.90(a), and 334.91(a) to include State savings associations and their subsidiaries to conform to the scope of the FDIC’s current supervisory responsibilities as the appropriate Federal banking agency. The FDIC also proposes to add new subsections to define “State savings association” as having the same meaning as in section 3(b)(3) of the Federal Deposit Insurance Act (FDI Act). Second, the FDIC proposes to amend the definitional portion of its Identity Theft Red Flags regulations to be in conformance with the Red Flag Program Clarification Act of 2010. Third, the FDIC proposes to rescind and remove from the Code of Federal Regulations those portions of the FDIC’s “Fair Credit Reporting” regulations where the rule writing authority was provided to the Consumer Financial Protection Bureau (“CFPB”) in the Dodd-Frank Act. The FDIC will continue to examine for and enforce violations of these regulations for all IDIs for which the FDIC has been designated the appropriate Federal banking agency. Consistent with this part of the proposal, the FDIC also proposes to make a technical change in one provision in its version of the Interagency Guidelines on Identity Theft Detection, Prevention, and Mitigation. Comments must be received on or before March 31, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The FDIC invites comment on a notice of proposed rulemaking (NPR or proposed rule) that would amend the definition of “qualifying master netting agreement” under the regulatory capital rules, and the liquidity coverage ratio rule. The FDIC also is proposing to amend the definitions of “collateral agreement,” “eligible margin loan,” and “repo-style transaction” under the regulatory capital rules. The amendments are designed to ensure that the regulatory capital and liquidity treatment of certain financial contracts generally would not be affected by implementation of special resolution regimes in foreign jurisdictions if such regimes are substantially similar to Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Federal Deposit Insurance Act in the United States, or by the International Swaps and Derivative Association Resolution Stay Protocol that provide for contractual submission to such regimes. In December 2014, the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Board) adopted a joint interim final rule that is related to this proposed rule. Comments must be received March 31, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE:  In this notice of proposed rulemaking, the Federal Deposit Insurance Corporation (FDIC) proposes to rescind and remove  from the Code of Federal Regulations 12 CFR part 391, subpart B, entitled “Safety and Soundness Guidelines and Compliance Procedures” and Appendix A and B to part 391, subpart B and supplement A to appendix B. With few exceptions addressed below, the requirements for state savings associations in part 391, subpart B, are substantively similar to those in the FDIC’s 12 CFR part 308, subpart R, and in the FDIC’s 12 CFR part 364. Upon the completion of these proposed changes, the “Standards for Safety and Soundness” for all insured depository institutions for which the FDIC has been designated the appropriate Federal banking agency will be found at part 364 and the “Submission and Review of Safety and Soundness Compliance Plans and Issuance of Orders to Correct Safety and Soundness Deficiencies” for all insured depository institutions for which the FDIC has been designated the appropriate Federal banking agency will be found at part 308, subpart R. Comments must be received on or before March 31, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The FDIC is proposing a rulemaking that would revise certain provisions of its securitization safe harbor rule, which relates  to the treatment of financial assets transferred in connection with a securitization or participation, in order to clarify the requirements of the Securitization Safe Harbor as to the retention of an economic interest in the credit risk of securitized financial assets upon and following the effective date of the credit risk retention regulations adopted under Section 15G of the Securities Exchange Act. Comments on the Proposed Rule must be received by March 31, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Atka mackerel in the Eastern Aleutian district and the Bering Sea subarea (BSEAI) of the Bering Sea and Aleutian Island management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the A season allowance of the 2015 Atka mackerel total allowable catch (TAC) in the BSEAI allocated to vessels participating in the BSAI trawl limited access fishery. Effective 1200 hrs, Alaska local time (A.l.t.), January 27, 2015, through 1200 hrs, A.l.t., June 10, 2015.

PROPOSED RULE: As required by the Moving Ahead for Progress in the 21st Century Act (MAP–21), the Pipeline and Hazardous Materials  Safety Administration is proposing to amend the Hazardous Materials Regulations to adopt provisions contained in certain widely-used or  long-standing special permits that have an established safety record. The proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. PHMSA conducted an extensive analysis of all active special permits and, in this rulemaking, those special permits deemed suitable are being proposed for adoption. PHMSA is inviting all interested persons to provide comments on both those special permits deemed suitable and proposed to be adopted into the HMR and those that are deemed not suitable for adoption. In addition, PHMSA is also requesting comments on a proposed requirement for special permit applicants to include regulatory text in their applications, when appropriate. Comments must be received by March 31, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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