This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

65139 

Vol. 79, No. 212 

Monday, November 3, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No.: FAA–2014–0502; Amdt. No. 

135–131] 

RIN 2120–AK49 

Departing IFR/VFR When Weather 

Reporting Is Not Available; 

Confirmation of Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published on July 28, 2014, and 

responds to the comments received on 

that direct final rule. The rule permits 

the pilot in command of a helicopter air 

ambulance to assess the weather at a 

departure point where current weather 

observations are not available and 

allows the pilot to depart if the observed 

ceiling and visibility is greater than 

certain weather minimums. This action 

will allow a pilot to utilize the 

minimum takeoff visibilities depicted in 

a published obstacle departure 

procedure, or in the absence of such a 

procedure, when the pilot observed 

ceiling and visibility is greater than the 

minimum ceiling and visibility 

limitations required by specific 

helicopter air ambulance rules. This 

change to the current regulation will 

permit helicopter air ambulance flights 

to enter the National Airspace System 

(NAS) under Instrument Flight Rules 

(IFR) when visibilities and ceilings are 

below Visual Flight Rules (VFR), thus 

increasing the safety of the flight. 

DATES: The direct final rule published 

July 28, 2014 (79 FR 43619) will become 

effective on April 22, 2015. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Andrew C. Pierce, Air 

Transportation Division, 135 Air Carrier 

Operations Branch, AFS–250, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone 202– 

267–8238; email andy.pierce@faa.gov. 

For legal questions concerning this 

action, contact Nancy Sanchez, AGC– 

220, Federal Aviation Administration, 

800 Independence Avenue SW., 

Washington, DC 20591; telephone 202– 

267–7280; email nancy.sanchez@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 21, 2014, the FAA 

published a final rule titled Helicopter 

Air Ambulance, Commercial Helicopter, 

and Part 91 Helicopter Operations (79 

FR 9932, February 21, 2014). In that 

final rule, the FAA amended its 

regulations to revise the helicopter air 

ambulance, commercial helicopter, and 

general aviation helicopter operating 

requirements. In particular, the FAA 

added new testing and checking 

requirements for pilots operating 

rotorcraft under part 135. Subsequently, 

the FAA determined that the 

compliance date of April 22, 2014, 

originally included in the February 21, 

2014, final rule did not provide an 

adequate amount of time for affected 

certificate holders to implement the new 

requirements. On April 21, 2014, the 

FAA published a final rule in the 

Federal Register extending the effective 

date of the February 21, 2014, final rule 

from April 22, 2014, to April 22, 2015 

(79 FR 22009, April 21, 2014). 

One of the new provisions in the 

February 21, 2014, final rule, § 135.611, 

allows helicopter air ambulance (HAA) 

operators to conduct IFR operations at 

airports and heliports without a weather 

reporting facility if they can obtain 

weather reports from an approved 

weather reporting facility located within 

15 nautical miles of the destination 

landing area and meet other pilot and 

equipment requirements. The February 

21, 2014, final rule did not provide a 

means for HAA flights with IFR 

clearances to depart from airports not 

served with current weather observation 

reports. The language in the February 

21, 2014, rule did not allow a pilot to 

utilize the minimum takeoff visibilities 

depicted in published obstacle 

departure procedures (ODP) when these 

are available. As a result, IFR capable 

departing flights were not able to gain 

direct access into the IFR system when 

weather conditions are worse than the 

Class G VFR minimums published in 

§ 135.609, but are better than or equal to 

the published ODP takeoff minimums 

when the ODP depicts a ‘‘proceed 

visually’’ transition to the Initial 

Departure Fix (IDF). 

To address this circumstance, on July 

28, 2014, the FAA published a direct 

final rule to permit the pilot in 

command of a helicopter air ambulance 

to assess the weather at a departure 

point where current weather 

observations are not available and 

allows the pilot to depart if the observed 

ceiling and visibility is greater than 

certain weather minimums (79 FR 

43619, July 28, 2014). This action also 

allows a pilot to utilize the minimum 

takeoff visibilities depicted in a 

published ODP, or in the absence of 

such a procedure, when the pilot 

observed ceiling and visibility is greater 

than the minimum ceiling and visibility 

limitations required by specific 

helicopter air ambulance rules. This 

change to the regulations permits 

helicopter air ambulance flights to enter 

the NAS under IFR when visibilities 

and ceilings are below VFR, thus 

increasing the safety of the flight. 

Discussion of Comments 

The FAA received three comments to 

the direct final rule from two 

individuals and a comment from 

Helicopter Association International 

(HAI), regarding a clarification of terms 

related to ‘‘proceed VFR’’ vs. ‘‘proceed 

visually’’ and requested clarity on the 

required visibility for transition to the 

ODP. In response, the FAA published a 

Clarification of the Final Rule, which 

specifically explains the difference 

between the two terms, how they relate 

to the ODP and transition to the IDF, as 

well as the FAA’s intent (79 FR 58672, 

September 30, 2014). The FAA will 

make no changes to the Final Rule and 

has concluded that the Clarification of 

the Final Rule will address any 


rmajette on DSK3VPTVN1PROD with RULES
65140 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Rules and Regulations 

questions about the obstacle departure 

procedure and terms used in the Final 

Rule. 

Conclusion 

After consideration of the comments 

submitted in response to the direct final 

rule, the FAA has determined that no 

further rulemaking action is necessary 

and believes that the Clarification of the 

Final Rule published September 30, 

2014, will clarify any questions about 

the ODP and terms used in the Final 

Rule; therefore, amendment 135–131 

remains in effect. 

How To Obtain Additional Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s dockets 

by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http://

www.faa.gov/regulations_policies/

rulemaking/sbre_act/. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC, on October 29, 2014. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2014–26052 Filed 10–31–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 203 

[Docket No. FR 5812–N–01] 

HUD’s Qualified Mortgage Rule: 

Announcement of Intention To Adopt 

Changes Pertaining to Exempted 

Transaction List 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Announcement of change to 

HUD’s exempted transaction definition. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) is issuing a 

final rule being published concurrently 

with this document, and it can be found 

elsewhere in this Federal Register, 

entitled ‘‘Amendments to the 2013 

Mortgage Rules under the Truth in 

Lending Act (Regulation Z),’’ amending 

certain terms in CFPB’s definition of 

‘‘qualified mortgage’’ which HUD crossreferenced in HUD’s qualified mortgage 

definition. In accordance with the 

procedures incorporated in HUD’s 

definition of ‘‘qualified mortgage,’’ this 

document advises of HUD’s intention to 

adopt, for HUD’s qualified mortgage 

rule, CFPB’s changes to the exemption 

for non-profit transactions from the 

qualified mortgage standards. HUD is 

not, however, adopting the new points 

and fees cure provision adopted by 

CFPB for the reasons stated in this 

document, but is providing guidance to 

mortgagees on curing points and fees 

errors prior to insurance endorsement. 

DATES: Effective Date: November 3, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Michael P. Nixon, Office of Housing, 

Department of Housing and Urban 

Development, 451 7th Street SW., Room 

9278, Washington, DC 20410; telephone 

number 202–402–5216, ext. 3094 (this is 

not a toll-free number). Persons with 

hearing or speech impairments may 

access this number through TTY by 

calling the Federal Relay Service at 800– 

877–8339 (this is a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 11, 2013, at 78 FR 

75215, HUD published a final rule that 

established a definition of ‘‘qualified 

mortgage’’ for single family residential 

mortgages that HUD insures, guarantees, 

or administers. Under HUD’s qualified 

mortgage rule, qualified mortgage status 

attaches at origination and insurance 

endorsement to those single family 

residential mortgages insured under the 

National Housing Act (12 U.S.C. 1701 et 

seq.), section 184 loans for Indian 

housing under the Housing and 

Community Development Act of 1992 

(12 U.S.C. 1715z–13a) (Section 184 

guaranteed loans), and section 184A 

loans for Native Hawaiian housing 

under the Housing and Community 

Development Act of 1992 (1715z–13b) 

(Section 184A guaranteed loans). HUD’s 

definition of ‘‘qualified mortgage’’ is 

codified for each program at 24 CFR 

201.7, 203.19, 1005.120 and 1007.80. 

HUD defined ‘‘qualified mortgage’’ in 

a manner that aligned HUD’s definition, 

to the extent feasible and consistent 

with HUD’s mission, with that of the 

qualified mortgage definition 

promulgated by the CFPB, and which is 

codified at 12 CFR 1026.43. HUD 

undertook the alignment for the purpose 

of lessening future differences in 

standards for HUD’s single family 

residential insured mortgages and those 

established by the CFPB, which apply to 

conventional mortgages seeking 

designation as qualified mortgage. 

HUD’s alignment to CFPB’s standards 

also included cross-references to CFPB’s 

list of transactions exempted from the 

qualified mortgage definition, including 

a non-profit transaction exemption, and 

CFPB’s limit on points and fees for 

qualified mortgage status as of January 

10, 2014. HUD’s definition of qualified 

mortgage provides that when CFPB 

amends its definition of qualified 

mortgage, HUD may announce the 

adoption of CFPB change or changes 

through publication of a notice and after 

providing FHA-approved mortgagees 

with time, as may be determined 

necessary, to implement. Members of 

the public interested in more detail 

about HUD’s qualified mortgage 

regulations may refer to the preamble of 

HUD’s September 30, 2013, proposed 

rule and HUD’s December 11, 2013, 

final rule, at 78 FR 59890, 78 FR 75215. 

II. HUD Notice of CFPB’s Final Rule 

Published elsewhere in this Federal 

Register is CFPB’s final rule amending 

the non-profit transaction exemption 

from the ability-to-repay rule and 

providing a limited cure mechanism for 


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