Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-07-03.xml --- 78 128 Wednesday, July 3, 2013 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Research Training Virtual Review, 40146 2013-15733 Patient Safety Organizations: Voluntary Relinquishment from Northern Metropolitan Patient Safety Institute; Delisting, 40146-40147 2013-15732 Scientific Information Requests: Chronic Urinary Retention Treatment, 40149-40150 2013-15729 Vitamin D and Calcium, 40147-40149 2013-15730 Agriculture Agriculture Department See Food Safety and Inspection Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40089-40090 2013-15988 2013-16006 Army Army Department See Engineers Corps Consumer Financial Protection Bureau of Consumer Financial Protection RULES Supervisory Authority over Certain Nonbank Covered Persons Based on Risk Determination, 40352-40380 2013-15485 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40150-40152 2013-15895 2013-15896 Requests for Nominations:

World Trade Center Health Program Scientific/Technical Advisory Committee, 40152-40153 2013-16015 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs: Home Health Prospective Payment System Rate Update for CY 2014, Home Health Quality Reporting Requirements, and Cost Allocation of Home Health Survey Expenses, 40272-40308 2013-15766 Coast Guard Coast Guard RULES Safety Zones: Eighth Coast Guard District; Riverfront Independence Festival Fireworks;

Ohio River 607.0-609.0; New Albany, KY, 40000 2013-16046 Feast of Lanterns Fireworks Display, Pacific Grove, CA, 39992-39995 2013-16064 Fourth of July Fireworks Display, Tahoe City, CA, 39997-39998 2013-16040 Grand Haven 4th of July Fireworks; Grand River; Grand Haven, MI, 39998-40000 2013-16043 Margate Mother's Association Fireworks Display, Atlantic Ocean; Margate, NJ, 39995-39997 2013-16038 PROPOSED RULES Safety Zones: Antique Boat Show, Niagara River, Grand Island, NY, 40081-40084 2013-16053 Special Local Regulations:

Red Bull Flugtag Miami, Biscayne Bay; Miami, FL, 40079-40081 2013-16059 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40097-40098 2013-15939 2013-15990 Comptroller Comptroller of the Currency NOTICES Conversion Applications: Sunnyside Federal Savings and Loan Association of Irvington, Irvington, NY, 40270 2013-15901 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement:

Technical Amendments, 40043 2013-15966 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps Drug Drug Enforcement Administration NOTICES Exempt Chemical Preparations under the Controlled Substances Act, 40175-40186 2013-16010 Proposed Aggregate Production Quotas for Schedule I and II Controlled Substances: List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine; Assessment of Annual Needs, 40186-40189 2013-16052 Education Department Education Department PROPOSED RULES Proposed Requirements:

Migrant Education Program Consortium Incentive Grant Program, 40084-40086 2013-16021 NOTICES Requests for Information: Identification and Placement of Native American Students Who Are English Learners in Language Instruction Educational Programs, 40129-40130 2013-16026 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonmonetary Determination Activities Report, 40194-40195 2013-15969 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Savannah River Site, 40130-40131 2013-15979 National Petroleum Council, 40131 2013-15971 Proposed Subsequent Arrangements, 40131-40132 2013-15975 2013-15978 2013-15981 2013-15983 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: Wave Energy Converter Prize Administration Webinar, 40132-40135 2013-15967 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Comprehensive Shoreline Stabilization Project, Palm Beach County, FL, 40128-40129 2013-16027 Federal Flood Control Project For Hunting Bayou, Harris County, TX, 40127 2013-16030 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Illinois, 40013-40015 2013-15611 Virginia; Removal of Consumer and Commercial Products Rules, 40011-40013 2013-15728 Method for the Determination of Lead in Total Suspended Particulate Matter, 40000-40011 2013-15880 Pesticide Tolerances: Ethalfluralin, 40017-40020 2013-15710 Fenbuconazole, 40020-40027 2013-15867 Novaluron, 40027-40033 2013-15869 State Air Quality Plans for Designated Facilities and Pollutants; Approvals and Promulgations: District of Columbia;

Control of Emissions from Existing Hospital/Medical/Infectious Waste Incinerator Units, 40015-40017 2013-15874 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois, 40086-40087 2013-15610 Virginia; Removal of Consumer and Commercial Products Rules, 40087 2013-15727 State Air Quality Plans for Designated Facilities and Pollutants; Approvals and Promulgations: District of Columbia; Control of Emissions from Existing Hospital/Medical/Infectious Waste Incinerator Units, 40087-40088 2013-15877 NOTICES Amendment to Terminate Uses:

Metaldehyde, 40136-40138 2013-16035 Deletion of System of Records: Kid's Club Membership List, 40138 2013-16069 Pesticide Registrations: Chlorpyrifos; Cancellation Order, 40138-40140 2013-15865 Proposed CERCLA Administrative Settlement Agreements: Mercury Refining Superfund Site, Towns of Guilderland and Colonie, Albany County, NY, 40140 2013-16071 Proposed Consent Decrees, Clean Air Act Citizen Suits, 40140-40141 2013-16070 Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 40141-40142 2013-16180 Federal Aviation Federal Aviation Administration RULES Amendment of Restricted Areas: Lake George, FL; and R--2910, Pinecastle, FL, 39964-39967 2013-16054 Flight Data Recorder Airplane Parameter Specification Omissions and Corrections, 39968-39971 2013-16011 PROPOSED RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 40055-40057 2013-15951 Airbus Airplanes, 40057-40060, 40069-40072, 40074-40076 2013-15947 2013-15950 2013-15959 Dassualt Aviation Airplanes, 40065-40069 2013-15949 Erickson Air-Crane Incorporated Helicopters (Type Certificate previously held by Sikorsky Aircraft Corporation), 40063-40065 2013-15954 Eurocopter Deutschland GmbH Helicopters, 40047-40050, 40053-40055 2013-15956 2013-15958 Eurocopter France Helicopters, 40045-40047, 40072-40074 2013-15961 2013-15964 The Boeing Company Airplanes, 40050-40053, 40060-40063 2013-15948 2013-15955 Establishment and Modification of Class E Airspace:

Oakland, CA, 40076-40077 2013-16037 Establishment of Class E Airspace: Cody, WY, 40078-40079 2013-16033 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aging Aircraft Program (Widespread Fatigue Damage), 40263-40264 2013-16063 Aircraft Noise Certification Documents for International Operations, 40262 2013-16055 Automatic Dependent Surveillance - Broadcast (ADS-B) Out Performance Requirements to Support Air Traffic Control

(ATC)Service, 40263 2013-16061 Bird/Other Wildlife Strike Report, 40264 2013-16057 Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft, 40261-40262 2013-16058 Fractional Aircraft Ownership Programs, 40262-40263 2013-16062 Meetings: RTCA Tactical Operations Committee, 40264-40265 2013-16042 Federal Communications Federal Communications Commission NOTICES Petitions Seeking Review of Application Fee Refund Denials, 40142 2013-16012 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certified Statement for Semiannual Deposit Insurance Assessment, 40142-40143 2013-15974 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40157-40158 2013-15960 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 40135-40136 2013-15991 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Bridge Replacement in Massachusetts, 40265 2013-15755 Federal Housing Enterprise Federal Housing Enterprise Oversight Office RULES Production of FHFA Records, Information, and Employee Testimony in Third-Party Legal Proceedings, 39959-39964 2013-15906 Federal Housing Finance Agency Federal Housing Finance Agency RULES Availability of Non-Public Information, 39957-39959 2013-15905 Production of FHFA Records, Information, and Employee Testimony in Third-Party Legal Proceedings, 39959-39964 2013-15906 Federal Housing Finance Board Federal Housing Finance Board RULES Availability of Non-Public Information, 39957-39959 2013-15905 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 40143 2013-16048 Ocean Transportation Intermediary License Applicants, 40143 2013-16050 Federal Trade Federal Trade Commission NOTICES Meetings: McWane, Inc., et al.; Oral Argument before the Commission, 40143-40144 2013-15561 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Technical/Agency Draft Recovery Plan for Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail, 40162-40163 2013-16032 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Eye Tracking Experimental Studies to Explore Consumer Use of Food Labeling Information, etc., 40153-40156 2013-16001 General Market Youth Tobacco Prevention Campaigns, 40156-40157 2013-16000 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interstate Shipment of Meat and Poultry Products, 40090-40091 2013-15980 General Services General Services Administration NOTICES Meetings: Governmentwide Travel Advisory Committee, 40144 2013-16017 Government Ethics Government Ethics Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Modified Qualified Trust Model Certificates and Model Trust Documents, 40144-40146 2013-15888 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration RULES Organ Procurement and Transplantation Network, 40033-40042 2013-15731 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Multifamily Project Mortgage Insurance, 40310 2013-15993 Comprehensive Needs Assessment, 40310-40311 2013-15994 Fair Housing Initiatives Program Grant, 40314-40315 2013-15998 FHA TOTAL (Technology Open to Approved Lenders) Mortgage Scorecard, 40312-40313 2013-15996 Implementation of the Housing for Older Persons Act, 40311-40312 2013-15995 Monthly Report of Excess Income and Annual Report of Uses of Excess Income, 40313-40314 2013-15997 Supportive Housing for the Elderly Senior Preservation Rental Assistance Contracts, 40158-40161 2013-16074 Funding Awards for Fiscal Year 2012: Sustainable Construction in Indian Country Small Grant Program, 40161 2013-15992 Senior Preservation Rental Assistance Contracts Award Process and Solicitation of Applications, 40161-40162 2013-16073 Industry Industry and Security Bureau RULES Implementation of the Understandings Reached at the 2012 Australia Group

(AG)Plenary Meeting and 2012 AG Intersessional Decisions: Changes to Select Agent Controls; Correction, 39971-39973 2013-15970 NOTICES Meetings: Emerging Technology and Research Advisory Committee, 40098 2013-16047 Sensors and Instrumentation Technical Advisory Committee, 40098-40099 2013-16044 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Application of Section 108(i) to Partnerships and S Corporations, 39973-39984 2013-15885 Guidance Regarding Deferred Discharge of Indebtedness Income of Corporations and Deferred Original Issue Discount Deductions, 39984-39992 2013-15881 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India; Revocation of Orders, 40099-40100 2013-15892 Antidumping Duty New Shipper Reviews; Results, Extensions, Amendments, etc.: Frozen Fish Fillets from the Socialist Republic of Vietnam, 40100-40101 2013-16020 Antidumping Duty Orders; Results, Extensions, Amendments, etc.: Certain Tissue Paper Products from the People's Republic of China, 40101-40102 2013-16028 List of Foreign Government Subsidies on Cheese Subject to an In-Quota Rate of Duty; Quarterly Update, 40102-40103 2013-15899 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: Certain Steel Threaded Rod from India and Thailand, 40170-40171 2013-15968 Complaints: Certain Wireless Devices, Including Mobile Phones and Tablets, 40171-40172 2013-15898 Five-year Reviews: Steel Nails from China, 40172-40175 2013-16103 Justice Department Justice Department See Drug Enforcement Administration See Juvenile Justice and Delinquency Prevention Office See National Institute of Corrections NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Police-Led Diversion Programs; National Prevalence and Scope, 40175 2013-15904 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Juvenile Residential Facility Census, 40189-40190 2013-15903 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Mine Evacuation, 40193-40194 2013-15989 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: TransWest Express 600-kV Direct Current Transmission Project; Wyoming, Colorado, Utah, and Nevada, 40163-40167 2013-16009 Meetings: Dominguez-Escalante National Conservation Area Advisory Council; Location Change, 40167 2013-16109 Realty Actions: Classification for Lease and Subsequent Conveyance, etc.; Fire Station in Clark County, NV, 40167-40168 2013-16007 Classification for Lease and Subsequent Conveyance, etc.; High School in Sandy Valley, Clark County, NV, 40169-40170 2013-16002 Classification for Lease and Subsequent Conveyance, etc.; Public Park in Clark County, NV, 40168-40169 2013-16004 Maritime Maritime Administration NOTICES Administrative Waivers of the Coastwise Trade Laws: Vessel HMS-DISCOVERY, 40265-40266 2013-15460 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40266 2013-15886 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for a Permit to Fire More than 20 Boreholes and/or for the use of Nonpermissible Blasting Units, etc., 40195-40196 2013-16051 NASA National Aeronautics and Space Administration NOTICES Environmental Impact Statements; Availability, etc.: Sounding Rockets Program, Poker Flat Research Range, AK, 40196-40197 2013-15986 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability, 40197-40199 2013-16003 National Institute Corrections National Institute of Corrections NOTICES Solicitations for Cooperative Agreements: Development and Pilot Training of a Curriculum for Pretrial Justice System Stakeholders, 40191-40193 2013-16013 Sexual Safety in Women's Institutions, 40190-40191 2013-16014 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Amendment 37; Correction, 40043-40044 2013-16018 Highly Migratory Species: Atlantic Shark Management Measures; Amendment 5a, 40318-40350 2013-15875 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Region Gear Identification Requirements, 40103-40104 2013-15938 Amendment 80 Economic Data Report for the Catcher/Processor Non-AFA Trawl Sector, 40103 2013-15937 Endangered and Threatened Species: Recovery Plan for Pacific Eulachon, 40104 2013-15965 Endangered and Threatened Wildlife: 12-month Finding on Petitions to List the Northeastern Pacific Ocean Distinct Population Segment of White Shark, 40104-40127 2013-16039 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Draft Interim Staff Guidance: Spent Fuel Storage and Transportation, 40199-40200 2013-15982 Environmental Assessments; Availability, etc.: Duke Energy Carolinas, LLC, Oconee Nuclear Station Units 1, 2, and 3, Independent Spent Fuel Storage Installation, 40200-40202 2013-16029 Meetings: ACRS Subcommittee Meeting on Reliability and PRA, 40202 2013-16005 Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40127 2013-15953 Personnel Personnel Management Office NOTICES Meetings: National Council on Federal Labor-Management Relations, 40202-40203 2013-15870 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 40203-40204 2013-15909 Rural Business Rural Business-Cooperative Service NOTICES Rural Business Enterprise Grant Program Applications: Grants to Provide Technical Assistance for Rural Transportation Systems, 40092-40095 2013-16079 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40095-40097 2013-15985 2013-15987 Securities Securities and Exchange Commission NOTICES Applications: Charles Schwab Investment Management, Inc., et al., 40213-40220 2013-16025 ProShare Advisors, LLC, et al., 40204-40213 2013-16024 Exemptions from Clearing Agency Registration Requirement: ICE Clear Europe, Ltd., 40220-40223 2013-15927 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 40239-40243 2013-15929 2013-15935 BATS Y-Exchange, Inc., 40255-40257 2013-15936 C2 Options Exchange, Inc., 40235-40237 2013-15918 Chicago Board Options Exchange, Inc., 40230-40232 2013-15917 Depository Trust Co., 40234-40235, 40250-40252 2013-15897 2013-15930 EDGA Exchange, Inc., 40253-40255, 40257-40260 2013-15911 2013-15915 EDGX Exchange, Inc., 40225-40230 2013-15912 2013-15914 ICE Clear Europe, Ltd., 40243-40248 2013-15999 National Stock Exchange, Inc., 40248-40250 2013-15932 New York Stock Exchange, LLC, 40252-40253, 40260 2013-15913 2013-15916 NYSE Arca, Inc., 40232-40234 2013-15934 NYSE MKT LLC, 40237-40239 2013-15933 The NASDAQ Stock Market LLC, 40223-40225 2013-15931 State Department State Department NOTICES International Joint Commission: Public Comment on a Proposal for Lake Ontario and St. Lawrence River Regulation, 40260-40261 2013-16022 Surface Transportation Surface Transportation Board NOTICES Amended Trackage Rights Exemptions: Chicago, Central & Pacific Railroad Co., Grand Trunk Western Railroad Co., 40267-40268 2013-16167 Illinois Central Railroad Co., Grand Trunk Western Railroad Co., 40267 2013-16166 Wisconsin Central Ltd. from Grand Trunk Western Railroad Co., 40266-40267 2013-15984 Lease Exemptions: Norfolk Southern Railway Co.; BNSF Railway Co., 40268 2013-16023 Sale of Certain Assets: Academy Express, LLC to Conway's Bus Service, Inc., 40268-40269 2013-15973 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40269-40270 2013-15928 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40158 2013-15910 Western Western Area Power Administration NOTICES Environmental Impact Statements; Availability, etc.: TransWest Express 600-kV Direct Current Transmission Project; Wyoming, Colorado, Utah, and Nevada, 40163-40167 2013-16009 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 40272-40308 2013-15766 Part III Housing and Urban Development Department, 40310-40315 2013-15993 2013-15994 2013-15998 2013-15996 2013-15995 2013-15997 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 40318-40350 2013-15875 Part V Bureau of Consumer Financial Protection, 40352-40380 2013-15485 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 128 Wednesday, July 3, 2013 Rules and Regulations FEDERAL HOUSING FINANCE BOARD 12 CFR Part 911 FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1214 RIN 2590-AA06 Availability of Non-Public Information AGENCY: Federal Housing Finance Board; Federal Housing Finance Agency. ACTION: Final rule. SUMMARY: The Federal Housing Finance Agency (FHFA or Agency) is issuing a final rule governing the disclosure of FHFA non-public information. The final rule replaces rules issued by FHFA's predecessor agencies the Federal Housing Finance Board (Finance Board) and the Office of Federal Housing Enterprise Oversight (OFHEO). The final rule prohibits the unauthorized disclosure of FHFA non-public information, replaces the Finance Board's rule on the Availability of Unpublished Information, and parallels those portions of OFHEO's former rule on non-public information that were not replaced by FHFA's Freedom of Information Act regulation. DATES: The effective date of this regulation is: August 2, 2013. FOR FURTHER INFORMATION CONTACT: James P. Jordan, Senior Counsel, 202-649-3075 (not a toll-free number), Federal Housing Finance Agency, Constitution Center, 400 Seventh Street SW., Eighth Floor, Washington, DC 20024. The telephone number for the Telecommunications Device for the Hearing Impaired is 800-877-8339. SUPPLEMENTARY INFORMATION: I. Background Establishment of FHFA Effective July 30, 2008, the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289, 122 Stat. 2654) (HERA), amended the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 *et seq.* ) (Safety and Soundness Act), and the Federal Home Loan Bank Act (12 U.S.C. 1421-1449) to establish FHFA as an independent regulatory agency of the Federal Government. FHFA was established with all of the authorities necessary to supervise and regulate the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Banks (collectively, regulated entities), and the Office of Finance of the Federal Home Loan Bank System (Office of Finance). HERA transferred to FHFA the employees, functions, and regulations of OFHEO, the Finance Board, and the Government-Sponsored Enterprise mission team within the U.S. Department of Housing and Urban Development. FHFA is responsible for ensuring that the regulated entities operate in a safe and sound manner, including maintaining adequate capital and internal controls; foster liquid, efficient, competitive, and resilient national housing finance markets; comply with the Safety and Soundness Act and their respective authorizing statutes, as well as all rules, regulations, guidelines, and orders issued under law; and carry out their missions through activities that are authorized by law and are consistent with the public interest. In addition, FHFA may prescribe regulations as determined to be appropriate regarding the conduct of conservatorships or receiverships. The FHFA published a proposed regulation on the Availability of Non-Public Information for public comment in the **Federal Register** , 78 FR 6042 (January 29, 2013). No comments were received. Accordingly, the proposed regulation is adopted as a final regulation with only minor editorial changes. II. Analysis of Rule The Safety and Soundness Act mandates that FHFA issue regulations in connection with FHFA's supervision and regulation of the regulated entities and the Office of Finance. The final rule updates, clarifies, and simplifies existing regulations and eliminates redundant provisions. It reduces confusion about the applicability of predecessor agencies' rules. The final rule prohibits the unauthorized disclosure of FHFA non-public information, replace the Finance Board's rule on the Availability of Unpublished Information at 12 CFR part 911, and parallel those portions of OFHEO's former rule on non-public information that were not replaced by FHFA's Freedom of Information Act regulation at 12 CFR part 1202. The final rule does not affect 12 CFR part 1703 Subparts E-F. As described below, FHFA is issuing a separate rule to replace those subparts. The final rule §§ 1214.3 and 1214.4 are substantively analogous to the former 12 CFR 1703.6 to 1703.8 and to the existing 12 CFR 911.3, which the final rule replaces. The final FHFA rule (12 CFR part 1214), the former OFHEO rule (12 CFR part 1703), and the existing Finance Board rule (12 CFR part 911), all generally prohibit disclosure of non-public agency information to parties that are not agency employees, and set forth the limited circumstances when disclosure is permitted. The Finance Board rule, 12 CFR part 911, also outlines how the Finance Board handled demands and requests for information in the context of legal proceedings. Today, FHFA also sent to be published in this issue of the **Federal Register** a final rule on “Production of FHFA Records, Information, and Employee Testimony in Third-Party Legal Proceedings (“Touhy”) which sets forth FHFA's process for handling those demands and requests. Use of the Term “Confidential” The final rule would define “confidential supervisory information,” to be included as a subset of “non-public information.” The inclusion of the term “confidential” within the definition of “confidential supervisory information” is not intended to invoke the meaning of “confidential,” as that term is used in Executive Order 13526, Classified National Security Information, December 29, 2009. Confidential supervisory information is used in part 1214 to refer to the distinct category of information defined in final § 1214.1. FHFA used the word “confidential” within the label for this category of information simply to be consistent with the manner in which federal banking agencies refer to similar or identical types of information. Regulatory Impacts Paperwork Reduction Act The final rule does not contain any information collection requirement that requires the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Regulatory Flexibility Act and Executive Order 13272—Consideration of Small Entities FHFA has considered the final rule's impact under the Regulatory Flexibility Act (5 U.S.C. 602 *et seq.* ) and Executive Order 13272 of August 13, 2002. The final rule, is not likely to have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act and Executive Order 13272, because it will not:

(1)Impose record-keeping requirements on them;

(2)affect their competitive position in relation to large entities; and

(3)affect their cash flow, liquidity or ability to remain in the market. (5 U.S.C. 605(b)). List of Subjects 12 CFR Part 911 Credit, Federal home loan banks, Reporting and recordkeeping requirements. 12 CFR Part 1214 Administrative practice and procedure, Confidential commercial information, Disclosure, Exemptions, Government employees, Records. Accordingly, for the reasons set forth in the SUPPLEMENTARY INFORMATION , and under the authority of 12 U.S.C. 4526, FHFA hereby amends chapters IX and XII of title 12 of the Code of Federal Regulations as follows: Chapter IX—Federal Housing Finance Board PART 911—[REMOVED] 1. Remove part 911. Chapter XII—Federal Housing Finance Agency 2. Add part 1214 to read as follows: PART 1214—AVAILABILITY OF NON-PUBLIC INFORMATION Sec. 1214.1 Definitions. 1214.2 Purpose and scope. 1214.3 General rule. 1214.4 Exceptions. Authority: 5 U.S.C. 301, 552; 12 U.S.C. 4501, 4513, 4522, 4526, 4639. § 1214.1 Definitions. *Confidential supervisory information* means information prepared or received by FHFA that meets all of the following criteria:

(1)The information is not a document prepared by a regulated entity or the Office of Finance for its own business purposes that is in its possession;

(2)The information is exempt from the Freedom of Information Act, 5 U.S.C. 552 (1966); and

(3)The information—(i) Consists of reports of examination, inspection and visitation, confidential operating and condition reports, and any information derived from, related to, or contained in such reports, or

(ii)Is gathered by FHFA in the course of any investigation, suspicious activity report, cease-and-desist order, civil money penalty enforcement order, suspension, removal or prohibition order, or other supervisory or enforcement orders or actions taken under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, Public Law 102-550, 122 Stat. 2654. *Disclosure* means release or divulgence of information by any person to a person outside of FHFA. *FHFA employee* means strictly for the purpose of this regulation, any person employed by FHFA, including any current or former officer, intern, agent, contractor or contractor personnel, or detailee of FHFA, and any person employed by the FHFA Office of the Inspector General (FHFA-OIG), including any current or former officer, intern, agent, contractor or contractor personnel, or detailee of FHFA-OIG. *Non-public information* means information that FHFA has not made public that is created by, obtained by, or communicated to an FHFA employee in connection with the performance of official duties, regardless of who is in possession of the information. This includes confidential supervisory information as defined above. It does not include information or documents that FHFA has disclosed under the Freedom of Information Act (5 U.S.C. 552; 12 CFR part 1202), or Privacy Act of 1974 (5 U.S.C. 552a; 12 CFR part 1204). It also does not include specific information or documents that were previously disclosed to the public at large or information or documents that are customarily furnished to the public at large in the course of the performance of official FHFA duties, including but not limited to: Disclosures made by the Director pursuant to 24 CFR subpart F, and any FHFA successor rules; the annual report that FHFA submits to Congress pursuant to the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 *et seq.* ), press releases, FHFA blank forms, and materials published in the **Federal Register** . *Person* means individual or business entity. § 1214.2 Purpose and scope.

(a)*Purpose.* The purpose of this part is to control the dissemination of non-public information, which includes confidential supervisory information, and maintain its controlled, sensitive, privileged, or proprietary nature, as appropriate.

(b)*Scope.* This part imposes a broad-based prohibition against unauthorized disclosure of any non-public information. This part does not supersede the regulations at 12 CFR part 1202 (governing disclosure under the Freedom of Information Act); 12 CFR part 1204 (governing disclosure under the Privacy Act); and the sections describing permitted disclosures in any FHFA rules on Federal Home Loan Bank Information Sharing or on the FHFA Public Use Database.

(c)These provisions also do not supersede or otherwise alter the rights or liabilities created by 5 U.S.C. 7211 (governing disclosures to Congress); 5 U.S.C. 2302(b)(8) (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); or 12 U.S.C. 3401 (governing disclosure of financial institution customer information). § 1214.3 General rule.

(a)*In general, Non-FHFA Employees.* The Director makes available to each regulated entity a copy of FHFA's report of examination of that regulated entity. The report of examination and all other confidential supervisory information is the property of FHFA and is provided to the regulated entity for its confidential internal use only. Under no circumstance shall any person in possession or control of confidential supervisory information make public or disclose, in any manner, the confidential supervisory information, or any portion of the contents thereof, except as authorized in writing by the Director.

(b)*In general, FHFA Employees.* Except as authorized in writing by the Director, no FHFA employee in possession or control of non-public information may disclose or permit the use or disclosure of such information in any manner or for any purpose.

(c)*Persons possessing confidential supervisory information.* All confidential supervisory information, for which the Director authorizes disclosure, remains the property of FHFA and may not be used or disclosed for any purpose other than that authorized under this part without the prior written permission of the Director.

(d)*No Waiver.* FHFA's disclosure of non-public information to any person does not constitute a waiver by FHFA of any privilege or FHFA's right to control, supervise, or impose limitations on, the subsequent use and disclosure of the non-public information.

(e)*Penalties, Confidential Supervisory Information.* Any person that discloses or uses confidential supervisory information except as authorized under this part may be subject to the penalties provided in 18 U.S.C. 641 and other applicable laws. In addition to those penalties, FHFA, regulated entity, Office of Finance, affiliate (as defined in 12 U.S.C. 4502(20)), or entity-affiliated party (as defined in 12 U.S.C. 4502(11)) employees may be subject to appropriate administrative, enforcement, or disciplinary proceedings.

(f)*Penalties, Non-Public Information.* Any FHFA employee that discloses or uses non-public information except as authorized under this part may be subject to the penalties provided in 18 U.S.C. 641, other applicable laws, and appropriate administrative, enforcement, or disciplinary proceedings. § 1214.4 Exceptions.

(a)*FHFA Employees.* Current FHFA employees may disclose or permit the disclosure of non-public information to another FHFA employee or regulated entity or the Office of Finance, when necessary and appropriate, for the performance of their official duties.

(b)*Regulated Entity Agents and Consultants.* —(1) When necessary and appropriate for regulated entity or Office of Finance business purposes, a regulated entity, the Office of Finance, or any director, officer, or employee thereof may disclose confidential supervisory information to any person currently engaged by the regulated entity or the Office of Finance, as officer, director, employee, attorney, auditor, or independent auditor (“regulated entity agents”).

(2)A regulated entity, the Office of Finance, or a director, officer, employee, or agent thereof, also may disclose confidential supervisory information to a consultant under this paragraph if the consultant is under a written contract to provide services to the regulated entity or the Office of Finance and the consultant has agreed in writing:

(i)To abide by the prohibition on the disclosure of confidential supervisory information contained in this section; and

(ii)That it will not use the confidential supervisory information for any purposes other than those stated in its contract to provide services to the regulated entity or the Office of Finance.

(c)*Law Enforcement Proceedings.* Notwithstanding the general prohibition of disclosure of non-public information, to the minimum extent required by the Inspector General Act, Public Law 95-452, 92 Stat. 1101 (1978), FHFA's Office of Inspector General is permitted under this section to disclose non-public FHFA information without Director approval.

(d)*Privilege.* FHFA retains all privilege claims for non-public information shared under § 1214.4, including, but not limited to attorney-client, attorney-work product, deliberative process, and examination privileges. Dated: June 27, 2013. Edward J. DeMarco, Acting Director, Federal Housing Finance Agency. [FR Doc. 2013-15905 Filed 7-2-13; 8:45 am]

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U.S. Code