83 FR 50503 - Safety Zone; North Hero-Grand Isle Bridge, Lake Champlain, VT
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 195 (October 9, 2018)
Coast Guard
Federal Register Volume 83, Issue 195 (October 9, 2018)
| Page Range | 50503-50506 | |
| FR Document | 2018-21867 |
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)] [Rules and Regulations] [Pages 50503-50506] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21867] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0682] RIN 1625-AA00 Safety Zone; North Hero-Grand Isle Bridge, Lake Champlain, VT AGENCY: Coast Guard, DHS. ACTION: Temporary interim rule and request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for the navigable waters within a 50 yard radius from the center of the North Hero-Grand Isle Bridge, on Lake Champlain, VT. The safety zone is necessary to protect personnel, vessels, and marine environment from potential hazards created by the demolition, subsequent removal, and replacement of the North Hero-Grand Isle Bridge. When enforced, this regulation prohibits entry of vessels or persons into the safety zone unless authorized by the Captain of the Port Northern New England or a designated representative. DATES: This rule is effective without actual notice from October 9, 2018 through September 1, 2022. For purposes of enforcement, actual notice will be used from October 1, 2018 through October 9, 2018. Comments and related material must be received by the Coast Guard on or before January 7, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0682 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. You may submit comments identified by docket number USCG-2018-0575 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Matthew Odom, Waterways Management Division, U.S. Coast Guard Sector Northern New England, telephone 207-347-5015, email Matthew.T.Odom@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register TIR Temporary Interim Rule NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On July 5, 2018, Sector Northern New England was made aware by Cianbro Corporation through email, of the North Hero-Grand Isle Bridge replacement project, which will be replacing Bridge 8 on US 2 over Lake Champlain which connects the towns of North Hero Island and Grand Isle in Vermont. The COTP Northern New England has determined that the potential hazards associated with the bridge replacement project will be a safety concern for anyone within the work area. The Coast Guard is publishing this rule to be effective, and enforceable, through September 1, 2022, in case the project is delayed due to unforeseen circumstances. During this project, removal and replacement of the bridge will take place. No vessel or person will be permitted to enter the safety zone without obtaining permission from the [[Page 50504]] COTP or a designated representative. The safety zone will be enforced during different periods during bridge deconstruction, temporary bridge installation, and construction of the permanent structure. Unless there is an emergency, the Coast Guard will issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) 24 hours in advance of any period of enforcement. If the project is completed prior to September 1, 2022, enforcement of the safety zone will be suspended and notice given via Broadcast Notice to Mariners, Local Notice to Mariners, or both. The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. The late finalization of project details did not give the Coast Guard enough time to publish an NPRM, take public comments, and issue a final rule before the construction work is set to begin. It would be impracticable and contrary to the public interest to delay promulgating this rule as it is necessary to establish this safety zone on October 1, 2018 to protect the safety of the waterway users, construction crew, and other personnel associated with the replacement project. A delay of the replacement project to accommodate a full notice and comment period would delay necessary operations, result in increased costs, and delay the date when the replacement project is expected to be completed and reopen the bridge for normal operations. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. For reasons stated in the preceding paragraph, delaying the effective date of this rule would be impracticable and contrary to the public interest because timely action is needed to respond to the potential safety hazards associated with the construction project. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP Northern New England has determined that potential hazards associated with the bridge replacement project scheduled from October 1, 2018 through September 1, 2022 will be a safety concern for anyone within the work zone. This rule is needed to protect personnel, vessels, and the marine environment on the navigable waters of Lake Champlain while the bridge replacement project is completed. IV. Discussion of Comments, Changes, and the Rule This rule establishes a safety zone from October 1, 2018 through September 1, 2022. The safety zone will cover all navigable waters from surface to bottom within a 50 yard radius from the center of the Route 2 North Hero-Grand Isle Bridge. When enforced, no vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The Coast Guard will notify the public and local mariners of this safety zone through appropriate means, which may include, but are not limited to, publication in the Federal Register, the Local Notice to Mariners, and Broadcast Notice to Mariners via marine Channel 16 (VHF- FM) in advance of any enforcement. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive order 13771. The Coast Guard has determined that this rulemaking is not a significant regulatory action for the following reasons: (1) The safety zone only impacts a small designated area of Lake Champlain, (2) the safety zone will only be enforced when work equipment is present in the navigable channel as a result of bridge removal and replacement operations or if there is an emergency, (3) persons or vessels desiring to enter the safety zone may do so with permission from the COTP Northern New England or a designated representative. The Coast Guard will notify the public of the enforcement of this rule via appropriate means, such as via Local Notice to Mariners and Broadcast Notice to Mariners via marine channel 16 (VHF-FM). B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A., this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. [[Page 50505]] C. Collection of Information This temporary interim rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has 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. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a temporary safety zone that will prohibit entry within a 50 yard radius from the center of the North Hero-Grand Isle Bridge during its removal and replacement. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental Consideration for Categorically Excluded Actions is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this temporary interim rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this TIR as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T01-0682 to read as follows: Sec. 165.T01-0682 Safety Zone--North Hero-Grand Isle Bridge, Lake Champlain, VT. (a) Location. The following area is a safety zone: All navigable waters on Lake Champlain, within a 50-yard radius of the center of the North Hero-Grand Isle Bridge that spans Lake Champlain between North Hero Island and Grand Isle in position 44[deg]45'57'' N, 073[deg]17'20'' W (NAD 83). (b) Definitions. As used in this section: (1) Designated representative means any Coast Guard commissioned, warrant, petty officer, or any federal, state, or local law enforcement officer who has been designated by the Captain of the Port (COTP) Northern New England, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Northern New England to enforce this section. (c) Effective and enforcement period. This section is enforceable 24 hours a day from October 1, 2018, through September 1, 2022. When enforced as deemed necessary by the Captain of the Port (COTP) Northern New England, vessels and persons will be prohibited from entering this safety zone unless granted permission from the COTP Northern New England or the COTP's designated representative. (d) Regulations. When this safety zone is enforced, the following regulations, along with those contained in Sec. 165.23 apply: [[Page 50506]] (1) No person or vessel may enter or remain in this safety zone without the permission of the Captain of the Port (COTP) Northern New England or the COTP's designated representative. However, any vessel that is granted permission to enter or remain in this zone by the COTP or the COTP's designated representative must proceed through the zone with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules. (2) Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP's designated representative. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone shall proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP's designated representative. (3) To obtain permission required by this regulation, individuals may reach the COTP or the COTP's designated representative via Channel 16 (VHF-FM) or (207)741-5465 (Sector Northern New England Command Center). (e) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232. (f) Notification. Coast Guard Sector Northern New England will give notice through the Local Notice to Mariners and Broadcast Notice to Mariners for the purpose of enforcement of temporary safety zone. Dated: September 17, 2018. B.G. LeFebvre, Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New England. [FR Doc. 2018-21867 Filed 10-5-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations 50503
Division of Petition Review, to J. PART 172—FOOD ADDITIVES Port Northern New England or a
Kidwell, Regulatory Group I, Division of PERMITTED FOR DIRECT ADDITION designated representative.
Petition Review, June 24, 2016.*
TO FOOD FOR HUMAN DATES: This rule is effective without
6. FDA Memorandum from D. Folmer,
CFSAN Chemistry Review Group, CONSUMPTION actual notice from October 9, 2018
Division of Petition Review, to J. through September 1, 2022. For
Kidwell, Regulatory Group I, Division of
■ 1. The authority citation for part 172 purposes of enforcement, actual notice
Petition Review, June 20, 2018.* continues to read as follows: will be used from October 1, 2018
7. Food and Agriculture Organization of the Authority: 21 U.S.C. 321, 341, 342, 348, through October 9, 2018.
United Nations and the World Health 371, 379e. Comments and related material must
Organization. Principles and Methods for be received by the Coast Guard on or
the Risk Assessment of Chemicals in § 172.515 [Amended] before January 7, 2019.
Food. 2009. Available at http:// 2. Amend § 172.515(b) by removing
■ ADDRESSES: To view documents
www.inchem.org/documents/ehc/ehc/
ehc240_index.htm. (Last accessed
the entries for ‘‘benzophenone; mentioned in this preamble as being
September 12, 2017.) diphenylketone,’’ ‘‘ethyl acrylate,’’ available in the docket, go to http://
8. Flavor and Extract Manufacturers ‘‘eugenyl methyl ether; 4-allylveratrole; www.regulations.gov, type USCG–2018–
Association Letter to Judith Kidwell methyl eugenol,’’ ‘‘myrcene; 7-methyl-3- 0682 in the ‘‘SEARCH’’ box and click
(FDA, CFSAN), April 11, 2016.* methylene-1,6-octadiene,’’ ‘‘pulegone; ‘‘SEARCH.’’ Click on Open Docket
9. FDA Memorandum from S. Thurmond, p-menth-4(8)-en-3-one,’’ and Folder on the line associated with this
CFSAN Toxicology Team, Division of ‘‘pyridine.’’ rule. You may submit comments
Petition Review, to J. Kidwell, identified by docket number USCG–
Regulatory Group I, Division of Petition PART 177—INDIRECT FOOD
Review, June 21, 2018. *
2018–0575 using the Federal
ADDITIVES: POLYMERS eRulemaking Portal at http://
10. Boobis, A.R. et al. (2006). ‘‘IPCS
Framework for Analyzing the Relevance www.regulations.gov. See the ‘‘Public
■ 3. The authority citation for part 177
of a Cancer Mode of Action for Participation and Request for
continues to read as follows:
Humans.’’ Critical Reviews in Comments’’ portion for further
Toxicology, 36:10, 781–792. Authority: 21 U.S.C. 321, 342, 348, 379e. instructions on submitting comments.
11. FDA Memorandum from S. Thurmond, FOR FURTHER INFORMATION CONTACT: If
CFSAN Toxicology Team, Division of § 177.2600 [Amended]
you have questions on this rule, call or
Petition Review, to J. Kidwell, ■ 4. In § 177.2600(c)(4)(iv), remove the
Regulatory Group I, Division of Petition
email LT Matthew Odom, Waterways
entry for ‘‘diphenyl ketone.’’ Management Division, U.S. Coast Guard
Review, June 21, 2018.*
12. National Toxicology Program. Report on Dated: October 2, 2018. Sector Northern New England,
Carcinogens Background Document for Leslie Kux, telephone 207–347–5015, email
Ethyl Acrylate. December 2–3, 1998. Associate Commissioner for Policy. Matthew.T.Odom@uscg.mil.
13. FDA Memorandum from J. Zang, CFSAN [FR Doc. 2018–21807 Filed 10–5–18; 8:45 am] SUPPLEMENTARY INFORMATION:
Toxicology Team, Division of Petition
Review, to J. Kidwell, Regulatory Group BILLING CODE 4164–01–P I. Table of Abbreviations
I, Division of Petition Review, June 21, CFR Code of Federal Regulations
2018.* COTP Captain of the Port
14. FDA Memorandum from A. Khan, DEPARTMENT OF HOMELAND DHS Department of Homeland Security
CFSAN Toxicology Team, Division of SECURITY FR Federal Register
Petition Review, to J. Kidwell, TIR Temporary Interim Rule
Regulatory Group I, Division of Petition Coast Guard NPRM Notice of proposed rulemaking
Review, June 21, 2018.* § Section
15. FDA Memorandum from N. Anyangwe, U.S.C. United States Code
CFSAN Toxicology Team, Division of 33 CFR Part 165
Petition Review, to J. Kidwell, [Docket Number USCG–2018–0682] II. Background Information and
Regulatory Group I, Division of Petition Regulatory History
Review, June 21, 2018.* RIN 1625–AA00
16. Da Rocha, M.S., Dodmane, P.R., Arnold,
On July 5, 2018, Sector Northern New
L.L., et al. (2012). ‘‘Mode of Action of Safety Zone; North Hero-Grand Isle England was made aware by Cianbro
Pulegone on the Urinary Bladder of F344 Bridge, Lake Champlain, VT Corporation through email, of the North
Rats.’’ Toxicological Sciences, kfs035. Hero-Grand Isle Bridge replacement
17. FDA Memorandum from T. Tyler, CFSAN AGENCY: Coast Guard, DHS. project, which will be replacing Bridge
Toxicology Team, Division of Petition ACTION: Temporary interim rule and 8 on US 2 over Lake Champlain which
Review, to J. Kidwell, Regulatory Group request for comments. connects the towns of North Hero Island
I, Division of Petition Review, June 27, and Grand Isle in Vermont. The COTP
2018.* SUMMARY: The Coast Guard is Northern New England has determined
List of Subjects establishing a temporary safety zone for that the potential hazards associated
the navigable waters within a 50 yard with the bridge replacement project will
21 CFR Part 172 radius from the center of the North be a safety concern for anyone within
Food additives, Reporting and Hero-Grand Isle Bridge, on Lake the work area.
recordkeeping requirements. Champlain, VT. The safety zone is The Coast Guard is publishing this
necessary to protect personnel, vessels, rule to be effective, and enforceable,
21 CFR Part 177
and marine environment from potential through September 1, 2022, in case the
amozie on DSK3GDR082PROD with RULES
Food additives, Food packaging. hazards created by the demolition, project is delayed due to unforeseen
Therefore, under the Federal Food, subsequent removal, and replacement of circumstances. During this project,
Drug, and Cosmetic Act and under the North Hero-Grand Isle Bridge. When removal and replacement of the bridge
authority delegated to the Commissioner enforced, this regulation prohibits entry will take place. No vessel or person will
of Food and Drugs, 21 CFR parts 172 of vessels or persons into the safety zone be permitted to enter the safety zone
and 177 are amended as follows: unless authorized by the Captain of the without obtaining permission from the
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![50506 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations
(1) No person or vessel may enter or Street Reform and Consumer Protection On May 24, 2018, section 309 of
remain in this safety zone without the Act (the Dodd-Frank Act). This Economic Growth, Regulatory Relief,
permission of the Captain of the Port document informs the public that VA and Consumer Protection Act (Pub. L.
(COTP) Northern New England or the will not be publishing a final rule to 115–174) superseded certain elements
COTP’s designated representative. adopt the provisions in the interim final of the IFR. The law’s seasoning and
However, any vessel that is granted rule that published on May 9, 2014. recoupment requirements for IRRRLs
permission to enter or remain in this However, VA will be publishing a effectively eliminated the category of
zone by the COTP or the COTP’s separate regulation in the near future rebuttable presumption QM. Section
designated representative must proceed that will supersede the provisions in the 309 also imposed other requirements
through the zone with caution and interim final rule that published on May that, while not in conflict with the IFR,
operate at a speed no faster than that 9, 2014. were not contemplated at the time of the
speed necessary to maintain a safe DATES: This document is effective IFR’s publication. Consequently, rather
course, unless otherwise required by the October 9, 2018. than finalizing the IFR, VA will need to
Navigation Rules. FOR FURTHER INFORMATION CONTACT: Greg revise its qualified mortgage criteria in
(2) Any person or vessel permitted to Nelms, Assistant Director (26), Veterans a future rulemaking. VA will in its
enter the safety zone shall comply with Benefits Administration, Department of future rulemaking take into account the
the directions and orders of the COTP Veterans Affairs, 810 Vermont Avenue spirit of the comments submitted in
or the COTP’s designated representative. NW, Washington, DC 20420, (202) 632– response to the IFR. Until such future
Upon being hailed by a U.S. Coast 8795. (This is not a toll-free number.) rulemaking is final, the IFR remains in
Guard vessel by siren, radio, flashing SUPPLEMENTARY INFORMATION: On May 9, effect. To the extent any provision of the
lights, or other means, the operator of a 2014, VA published in the Federal IFR conflicts with or is superseded by
vessel within the zone shall proceed as Register (79 FR 26620) its interim final Public Law 115–174, Public Law 115–
directed. Any person or vessel within rule (IFR) pursuant to the Dodd-Frank 174 controls.
the safety zone shall exit the zone when Act, Public Law 111–203, 124 Stat. 1376 On May 25, 2018, VA released a
directed by the COTP or the COTP’s (2010). Among other things, the Dodd- policy guidance update in Circular 26–
designated representative. Frank Act established many reforms to 18–13 to inform program participants
(3) To obtain permission required by Federal oversight of residential about the impact of Public Law 115–174
this regulation, individuals may reach mortgage lending, including a on VA home loan financing. Loan
the COTP or the COTP’s designated requirement that lenders be able to applications taken on or after May 25,
representative via Channel 16 (VHF– demonstrate that, at the time a mortgage 2018 must meet the requirements of the
FM) or (207)741–5465 (Sector Northern loan is made to a borrower, the borrower new law to be eligible for guaranty by
New England Command Center). is reasonably able to repay the mortgage the VA.
(e) Penalties. Those who violate this loan. Public Law 111–203, sec. 1411 Signing Authority
section are subject to the penalties set (codified at 15 U.S.C. 1639c). Such
forth in 33 U.S.C. 1232. The Secretary of Veterans Affairs
mortgage loans are referred to generally
(f) Notification. Coast Guard Sector approved this document and authorized
as qualified mortgages (QMs).
Northern New England will give notice VA specified in the IFR that almost all the undersigned to sign and submit the
through the Local Notice to Mariners VA loans meeting VA’s underwriting document to the Office of the Federal
and Broadcast Notice to Mariners for the standards would be considered safe Register for publication electronically as
purpose of enforcement of temporary harbor QMs. 79 FR 26622–26623. The an official document of the Department
safety zone. loans that would not be considered safe of Veterans Affairs. Robert L. Wilkie,
Dated: September 17, 2018. harbor QMs would be certain Interest Secretary, Department of Veterans
Rate Reduction Refinance Loans Affairs, approved this document on
B.G. LeFebvre,
(IRRRLs), specifically those meeting the September 26, 2018, for publication.
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England. requirements for guaranty but failing to Dated: September 26, 2018.
[FR Doc. 2018–21867 Filed 10–5–18; 8:45 am] meet IRRRL-specific seasoning and Jeffrey M. Martin,
BILLING CODE 9110–04–P recoupment requirements for safe Impact Analyst, Office of Regulation Policy
harbor protections. While these types of & Management, Office of the Secretary,
IRRRLs could still be deemed QMs, they Department of Veterans Affairs.
DEPARTMENT OF VETERANS would receive the designation of [FR Doc. 2018–21370 Filed 10–4–18; 4:15 pm]
AFFAIRS rebuttable presumption QM rather than BILLING CODE 8320–01–P
safe harbor QM. 79 FR 26624. VA also
38 CFR Part 36 specified income verification
requirements for IRRRLs. Id. ENVIRONMENTAL PROTECTION
RIN 2900–AO65 VA received a total of 22 comments AGENCY
on the IFR. Most of the commenters
Loan Guaranty: Ability-to-Repay
were industry participants in the VA 40 CFR Part 52
Standards and Qualified Mortgage
Home Loan program or representatives
Definition Under the Truth-in-Lending [EPA–R02–OAR–2018–0549, FRL–9984–58–
of the lending community. A few
Act Region 2]
individuals also commented. No
AGENCY: Department of Veterans Affairs. comments were received from veterans’ Approval and Promulgation of
service organizations or veterans
amozie on DSK3GDR082PROD with RULES
ACTION: Agency determination; status of Implementation Plans; New Jersey;
interim final rule. expressing concerns about the use of Elements for the 2008 8-Hour Ozone
their VA home loan benefit. Most National Ambient Air Quality
SUMMARY: The Department of Veterans commenters sought clarification of the Standards
Affairs (VA) published an interim final IFR. Several commenters were fully
rule on May 9, 2014, implementing supportive of the rule. VA appreciates AGENCY: Environmental Protection
provisions of the Dodd-Frank Wall the comments received on the IFR. Agency (EPA).
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Document Created: 2018-10-06 00:58:56
Document Modified: 2018-10-06 00:58:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary interim rule and request for comments. | |
| Dates | This rule is effective without actual notice from October 9, 2018 through September 1, 2022. For purposes of enforcement, actual notice will be used from October 1, 2018 through October 9, 2018. | |
| Contact | If you have questions on this rule, call or email LT Matthew Odom, Waterways Management Division, U.S. Coast Guard Sector Northern New England, telephone 207-347-5015, email [email protected] | |
| FR Citation | 83 FR 50503 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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