22094 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

13 78 FR 6931 (Jan. 31, 2013). 

14 78 FR 6928 (Jan. 31, 2013). 

15 12 CFR 1026.34(a)(5)(vi). 16 78 FR 6933 (Jan. 31, 2013). 

obligations, and expenses; . . . and the 

affordability of the mortgage transaction 

for the consumer.’’ 

The Bureau understands that these 

topics are currently covered by 

counseling agencies approved by HUD 

in providing counseling to prospective 

borrowers. As stated in the preamble for 

the 2013 HOEPA Final Rule, ‘‘HUD 

already requires counselors to analyze 

the financial situation of their clients 

and establish a household budget for 

their clients when providing housing 

counseling.’’ 13 To the extent that a 

counselor from a HUD-approved 

counseling agency covers the matters 

described in comment 34(a)(5)(iv)–1, the 

counseling requirement of 

§ 1026.34(a)(5)(i) is met. Unless and 

until HUD limits the current scope of 

counseling in some way that would not 

include elements of the comment, 

counseling agencies that are already 

approved by HUD to offer 

homeownership counseling are also 

qualified to provide the counseling 

required for high-cost mortgages, 

provided such counseling does indeed 

cover the topics prescribed by comment 

34(a)(5)(iv)–1. Further, the Bureau 

encourages creditors, counselors, and 

consumers to facilitate provision of the 

required counseling as early as feasible 

in the loan application process to help 

ensure the consumer ultimately makes 

an informed and considered decision. 

B. Lender Participation 

The Bureau has also received 

information that consumers may be 

receiving high-cost mortgage counseling 

by telephone in a creditor’s office while 

the creditor is present and listening-in. 

Such listening in may be objectionable 

by certain counselors, as it could 

diminish the quality of counseling. In 

the 2013 HOEPA Final Rule, the Bureau 

expressed a desire to implement the 

counseling requirement in a way that 

‘‘ensures that borrowers will receive 

meaningful counseling, and at the same 

time that the required counseling can be 

provided in a manner that minimizes 

operational challenges.’’ 14 The Bureau 

added an anti-steering provision to the 

counseling requirement in 

§ 1026.34(a)(5)(vi) that provides that a 

creditor ‘‘shall not steer or otherwise 

direct a consumer to choose a particular 

counselor or counseling organization for 

the counseling required. . . .’’ 15 The 

2013 HOEPA Final Rule described the 

rationale behind this provision as 

‘‘preserv[ing] counselor independence 

and prevent[ing] conflicts of interest 

that may arise. . .’’.16

Consistent with the purpose of the 

high-cost mortgage counseling 

requirement and with the anti-steering 

provision at § 1026.34(a)(5)(vi) in 

particular, the Bureau is issuing this 

interpretive rule, in part, to clarify that 

a creditor may be steering, that is 

directing, if the creditor insists on 

participating or listening in to a 

counseling call or session if such 

behavior results in a consumer’s 

selection of a particular counselor. 

Under these circumstances, creditors 

comply with the anti-steering provision 

if a counselor is allowed to request that 

the creditor not participate or listen on 

the call. A counselor also is allowed to 

request that a creditor participate in a 

call or a portion of a call. For example, 

a counselor may request that a creditor 

participate in part of the counseling 

session to provide additional 

information related to the loan. 

The Bureau believes that counselor 

independence and impartiality, which 

the anti-steering provision seeks to 

preserve, may be adversely affected by 

a concern that another counselor may be 

selected or the content of the counseling 

influenced if the counselor requests that 

the creditor not listen to the counseling 

and the creditor does not agree. 

Counselor independence and 

impartiality may also be compromised 

by the knowledge that the creditor is 

listening-in to the advice given. 

Moreover, creditor participation in such 

conversations may influence loan 

applicants away from a full and frank 

conversation with an independent and 

impartial counselor, thus undermining 

the purpose of the rule. 

IV. Regulatory Requirements 

This rule articulates the Bureau’s 

official interpretations of the Bureau’s 

Regulation X and Regulation Z. It is 

therefore exempt from the APA’s notice 

and comment rulemaking requirements 

pursuant to 5 U.S.C. 553(b). 

Because no notice of proposed 

rulemaking is required, the Regulatory 

Flexibility Act does not require an 

initial or final regulatory flexibility 

analysis. 5 U.S.C. 603(a), 604(a). 

The Bureau has determined that this 

rule does not impose any new or revise 

any existing recordkeeping, reporting, or 

disclosure requirements on covered 

entities or members of the public that 

would be collections of information 

requiring OMB approval under the 

Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. The RESPA requirements 

under Regulation X that lenders provide 

loan applicants with a written list of 

homeownership counseling 

organizations in the loan applicants’ 

location are currently approved by OMB 

and assigned the OMB control number 

3170–0025. The related TILA 

requirements are approved under OMB 

control number 3170–0023. Generally, 

the collections of information contained 

in Regulation X are assigned the OMB 

control number 3170–0016, and the 

collections of information contained in 

Regulation Z are assigned the OMB 

control number 3170–0015. 

Dated: April 15, 2015. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2015–09244 Filed 4–20–15; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0528; Directorate 

Identifier 2014–NM–060–AD; Amendment 

39–18139; AD 2015–08–03] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model DHC–8–400 

series airplanes. This AD was prompted 

by a report that during production, an 

incorrect clevis was used, resulting in 

improper installation onto the alternate 

release cable of the main landing gear 

(MLG). This AD requires a detailed 

visual inspection of the emergency 

release clevis of the MLG to determine 

if an incorrect clevis has been installed, 

and if necessary, replacing the clevis 

with a correct clevis and clevis pin. We 

are issuing this AD to detect and correct 

improper installation of the clevis, 

which could cause loss of the alternate 

release system and prevent the MLG 

from extending and retracting, and 

could consequently affect the airplane’s 

continued safe flight and landing. 

DATES: This AD becomes effective May 

26, 2015. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 26, 2015. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22095 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2014-0528 or in 

person at the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC. 

For service information identified in 

this AD, contact Bombardier, Inc., QSeries Technical Help Desk, 123 Garratt 

Boulevard, Toronto, Ontario M3K 1Y5, 

Canada; telephone 416–375–4000; fax 

416–375–4539; email thd.qseries@

aero.bombardier.com; Internet http://

www.bombardier.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0528. 

FOR FURTHER INFORMATION CONTACT: Ezra 

Sasson, Aerospace Engineer, Airframe 

and Mechanical Systems Branch, ANE– 

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone 516–228–7320; fax 

516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Model DHC–8–400 

series airplanes. The NPRM published 

in the Federal Register on August 13, 

2014 (79 FR 47393). 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2013–40, 

dated December 9, 2013 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Model DHC–8–400 series 

airplanes. The MCAI states: 

A discrepancy has been found in the Main 

Landing Gear (MLG) emergency release clevis 

installation. During production, an incorrect 

clevis was used, resulting in improper 

installation onto the MLG alternate release 

cable. Failure of the clevis could cause the 

loss of the alternate release system, 

preventing the MLG from extending in the 

case of a failure of the normal MLG 

extension/retraction system. 

This [Canadian] AD mandates the 

inspection for proper MLG emergency release 

clevis installation, and the rectification as 

required. 

The required actions for this AD 

include a detailed visual inspection of 

the emergency release clevis of the MLG 

to determine if an incorrect clevis has 

been installed, and if necessary, 

replacing the clevis with a correct clevis 

and clevis pin. You may examine the 

MCAI in the AD docket on the Internet 

at http://www.regulations.gov/

#!documentDetail;D=FAA-2014-0528- 

0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comment 

received on the NPRM (79 FR 47393, 

August 13, 2014) and the FAA’s 

response to the comment. 

Request To Correct a Typographical 

Error 

Horizon Airlines stated that the Air 

Transport Association (ATA) of America 

Code in paragraph (d) of the NPRM (79 

FR 47393, August 13, 2014) is incorrect 

for the MLG, and should be 32, not 31. 

We agree with the commenter. We 

have changed the ATA of America Code 

in paragraph (d) of this AD to 32, 

Landing Gear. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting this AD 

with the change described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (79 FR 

47393, August 13, 2014) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (79 FR 47393, 

August 13, 2014). 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 1 

CFR Part 51 

Bombardier, Inc., has issued Service 

Bulletin 84–32–67, dated July 8, 2009. 

The service information describes a 

visual inspection of the emergency 

release clevis of the MLG to determine 

if an incorrect clevis has been installed, 

and if necessary, replacing the clevis 

with a correct clevis and clevis pin. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. You can find this information at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2014– 

0528. This service information is 

reasonably available; see ADDRESSES for 

ways to access this service information. 

Costs of Compliance 

We estimate that this AD affects 18 

airplanes of U.S. registry. 

We also estimate that it will take 

about 2 work-hours per product to 

comply with the basic requirements of 

this AD. The average labor rate is $85 

per work-hour. Required parts will cost 

about $0 per product. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators to be $3,060, or $170 

per product. 

In addition, we estimate that any 

necessary follow-on actions will take 

about 3 work-hours and require parts 

costing $0, for a cost of $255 per 

product. We have no way of 

determining the number of aircraft that 

might need this action. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 


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22096 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov/#!docketDetail;

D=FAA-2014-0528; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

800–647–5527) is in the ADDRESSES

section. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2015–08–03 Bombardier, Inc.: Amendment 

39–18139. Docket No. FAA–2014–0528; 

Directorate Identifier 2014–NM–060–AD. 

(a) Effective Date 

This AD becomes effective May 26, 2015. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

DHC–8–400, –401, and –402 airplanes, 

certificated in any category, serial numbers 

4001 through 4109 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32, Landing Gear. 

(e) Reason 

This AD was prompted by a report that 

during production, an incorrect clevis was 

used, resulting in improper installation onto 

the alternate release cable of the main 

landing gear (MLG). We are issuing this AD 

to detect and correct improper installation of 

the clevis, which could cause loss of the 

alternate release system and prevent the MLG 

from extending and retracting, and could 

consequently affect the airplane’s continued 

safe flight and landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection 

Within 2,000 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first: Do a general visual inspection of 

the emergency release clevis of the MLG to 

determine if an incorrect clevis has been 

installed, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–32–67, dated July 8, 

2009. If an incorrect clevis has been installed, 

before further flight, replace the clevis with 

a correct clevis and clevis pin, in accordance 

with the Accomplishment Instructions of 

Bombardier Service Bulletin 84–32–67, dated 

July 8, 2009. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the New York ACO, send it to 

ATTN: Program Manager, Continuing 

Operational Safety, FAA, New York ACO, 

1600 Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7300; fax 

516–794–5531. Before using any approved 

AMOC, notify your appropriate principal 

inspector, or lacking a principal inspector, 

the manager of the local flight standards 

district office/certificate holding district 

office. The AMOC approval letter must 

specifically reference this AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, New York ACO, ANE–170, 

FAA; or Transport Canada Civil Aviation 

(TCCA); or Bombardier, Inc.’s TCCA Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(i) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2013–40, dated 

December 9, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://

www.regulations.gov/

#!documentDetail;D=FAA-2014-0528-0002. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Bombardier Service Bulletin 84–32–67, 

dated July 8, 2009. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

(4) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on April 6, 

2015. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–08718 Filed 4–20–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2015–0618; Airspace 

Docket No. 15–ANM–3] 

RIN 2120–AA66 

Amendment of Restricted Area 

Boundary Descriptions; Joint Base 

Lewis-McChord, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment, correction. 

SUMMARY: This action corrects a final 

rule; technical amendment, published 

in the Federal Register on April 7, 2015, 

that made a correction to a 

typographical error to R–6703A, R– 

6703B, R–6703C, R–6703D, R–6703E 

and R–6703F at Joint Base LewisMcChord, WA. Due to a submission 

error, the abbreviation for West in the 

longitude description of restricted area 

R–6703A was entered as ‘‘N’’. This 

action corrects the boundary description 

of R–6703A by changing the longitude 

direction to ‘‘W’’. 

DATES: Effective date 0901 UTC, May 7, 

2015. 


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