Unknown. Interim rule
3,838 words·~17 min read·
/register/2015/04/10/2015-08356·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-2015-04-10.xml --- 80 69 Friday, April 10, 2015 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19321-19322 2015-07700 Agriculture Agriculture Department See Foreign Agricultural Service Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals Pipelines and Pipeline Rights-of-Way, 19348-19352 2015-08264 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Well Control and Production Safety Training, 19352-19354 2015-08265 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicaid and Children's Health Insurance Programs: Mental Health Parity and Addiction Equity Act; Application of Mental Health Parity Requirements to Coverage Offered by Medicaid Managed Care Organizations, etc., 19418-19452 2015-08135 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 19323-19324 2015-08288 2015-08289 Coast Guard Coast Guard RULES Drawbridge Operations: Curtis Creek, Baltimore, MD, 19200-19201 2015-08343 Safety Zones: Barge-based Fireworks, Sturgeon Bay, WI, 19203-19206 2015-08345 Naval Helicopter Association Red Bull Helicopter Demonstration, San Diego Bay, San Diego, CA, 19201-19203 2015-08347 PROPOSED RULES Drawbridge Operations: Missouri River, Atchison, KS, 19252-19254 2015-08328 NOTICES Imposition of Conditions of Entry for Certain Vessels Arriving to the United States from Libya, 19334-19335 2015-08348 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Development Community Development Financial Institutions Fund RULES Certification Requirements, 19195-19196 2015-08356 NOTICES Funding Availability:
Bond Guarantee Program, 19400-19415 2015-08355 Copyright Office Copyright Office, Library of Congress RULES Preregistration and Registration of Claims to Copyright; CFR Correction, 19206 2015-08383 PROPOSED RULES Circumvention of Copyright Protection Systems for Access Control Technologies: Public Hearings, 19255-19256 2015-08255 Defense Department Defense Department RULES Federal Acquisition Regulation: Federal Acquisition Circular 2005-81; Small Entity Compliance Guide, 19508-19509 2015-08306 Federal Acquisition Circular 2005-81;
Introduction, 19504 2015-08281 Further Amendments to Equal Employment Opportunity, 19504-19508 2015-08309 NOTICES Environmental Assessments; Availability, etc.: Upgrade and Storage of Beryllium Metal at the DLA Strategic Materials; Hammond, IN, 19290 2015-08280 Meetings: Threat Reduction Advisory Committee, 19292-19293 2015-08212 Privacy Act; Systems of Records, 19287-19295 2015-08220 2015-08170 2015-08195 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: An Impact Evaluation of Support for Principals, 19298 2015-08274 College Assistance Migrant Program, 19295-19297 2015-08236 2015-08237 School Leadership Grant Program Annual Performance Report, 19297-19298 2015-08239 State Plan to Ensure Equitable Access to Excellent Educators, 19296 2015-08238 Applications for New Awards: Alaska Native-Serving and Native Hawaiian-Serving Institutions Program, 19298-19305 2015-08324 Employment and Training Employment and Training Administration NOTICES Funds and Funding Opportunities for YouthBuild, 19355 2015-08209 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Arizona; Regional Haze State and Federal Implementation Plans; Reconsideration, 19220-19226 2015-07987 District of Columbia, Maryland, and Virginia; Attainment Demonstration for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Moderate Nonattainment Area, 19206-19220 2015-07957 Exemptions from the Requirement of a Tolerance: Secondary (C13-C17) Alkane Sulfonates, 19226-19231 2015-08218 Pesticide Tolerances: Pyraclostrobin, 19231-19238 2015-08079 Protection of Stratospheric Ozone:
Substitutes for Refrigeration and Air Conditioning and Revision of Venting Prohibition for Certain Refrigerant Substitutes, 19454-19501 2015-07895 PROPOSED RULES Acquisition Regulations: Level of Effort — Cost-Reimbursement Contract, 19256-19258 2015-08183 NOTICES Environmental Impact Statements; Availability, etc., 19316 2015-08325 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19316-19317 2015-08278 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:
ATR - GIE Avions de Transport Regional Airplanes, 19246-19248 2015-07801 GE Aviation Czech s.r.o. Turboprop Engines, 19244-19245 2015-07865 The Boeing Company Airplanes, 19248-19251 2015-08072 Interpretation of Flight Time Limitations, 19251-19252 2015-07991 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19317-19318 2015-08179 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 19318-19319 2015-08192 Terminations of Receivership: Ameribank, Inc., Northfolk, WV, 19319 2015-08191 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 19241-19243 2015-08320 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Community Disaster Loan Program, 19336-19337 2015-08321 Major Disaster Declarations: Hawaii; Amendment No. 1, 19338 2015-08318 Hawaii;
Amendment No. 2, 19335-19336 2015-08341 Major Disasters and Related Determinations: Maine, 19337-19338 2015-08323 New Hampshire, 19335 2015-08344 Tennessee, 19339 2015-08349 West Virginia, 19338 2015-08346 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19305-19310 2015-08233 2015-08234 Combined Filings, 19311-19312 2015-08224 Environmental Assessments; Availability, etc.: Gulf Markets Expansion Project, Texas Eastern Transmission, LP, 19313-19315 2015-08230 Environmental Impact Statements;
Availability, etc.: Martin Dam Hydroelectric Project, 19315 2015-08232 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Erie Power, LLC, 19311 2015-08227 Mid-Georgia Cogen, L.P., 19315-19316 2015-08226 Municipal Energy of PA, LLC, 19310 2015-08225 Meetings: Wadsworth, OH; Teleconference, 19308 2015-08229 Permit Applications: Transcontinental Gas Pipe Line Company, LLC, 19312-19313 2015-08231 Staff Attendances, 19310-19311 2015-08235 Tariff Filings:
Orlando Utilities Commission, 19308 2015-08228 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Trunk Highway 41 River Crossing Tier I, 19396 2015-08186 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act; Correction, 19320 2015-08396 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 19320-19321 2015-08283 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 19320 2015-08176 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 19320 2015-08282 Federal Transit Federal Transit Administration NOTICES Guidance for Industry and Staff:
Research, Technical Assistance, and Training Programs—Application Instructions and Program Management Guidelines, 19396-19399 2015-08246 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Findings on 10 Petitions, 19259-19263 2015-07837 Black-footed Ferrets in Wyoming; Establishment of Nonessential Experimental Population, 19263-19275 2015-08271 NOTICES Endangered and Threatened Wildlife and Plants: Permit Applications, 19342-19343 2015-08263 Environmental Assessments;
Availability, etc.: Greater Sage-Grouse on Oregon Department of State Lands Candidate Conservation Agreement, 19341 2015-08250 Permit Applications: Endangered Species, 19341-19342 2015-08205 Foreign Agricultural Foreign Agricultural Service NOTICES Requests for Nominations: Agricultural Policy Advisory Committee; Agricultural Technical Advisory Committees for Trade; Renewal; Corrections, 19276 2015-08158 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities:
Polaris Industries, Inc., Subzone 167B, Osceola, WI, 19276 2015-08333 Reorganizations under Alternative Site Framework: Foreign-Trade Zone 23, Buffalo, NY, 19276-19277 2015-08330 General Services General Services Administration RULES Federal Acquisition Regulation: Federal Acquisition Circular 2005-81; Small Entity Compliance Guide, 19508-19509 2015-08306 Federal Acquisition Circular 2005-81; Introduction, 19504 2015-08281 Further Amendments to Equal Employment Opportunity, 19504-19508 2015-08309 Federal Travel Regulations:
Terms and Definitions for Marriage, Spouse, and Domestic Partnerships, 19238-19241 2015-08193 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: 68th World Health Assembly Stakeholder Listening Session, 19326-19327 2015-08124 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 19324-19326 2015-08284 2015-08285 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 19339-19341 2015-08065 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Lined Paper Products from India, 19278-19279 2015-08331 Certain Oil Country Tubular Goods from the People's Republic of China, 19282-19283 2015-07979 Polyethylene Terephthalate Film, Sheet and Strip from the United Arab Emirates, 19277 2015-08327 Export Trade Certificates of Review, 19280-19282 2015-08240 Requests for Nominations: U.S.-India CEO Forum, 19279-19280 2015-08304 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications and Rulings, etc.:
Certain Soft-Edged Trampolines and Components Thereof, 19354 2015-08223 Silicomanganese from Australia, 19354-19355 2015-08276 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Job Openings and Labor Turnover Survey, 19356-19357 2015-08208 Pre-Apprenticeship Database, 19355-19356 2015-08247 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.:
Proposed Resource Management Plan, Grand Junction Field Office, CO, 19344-19345 2015-08187 Meetings: Central California Resource Advisory Council, 19344 2015-08254 Northeastern Great Basin Resource Advisory Council, Nevada, 19343-19344 2015-08251 Plats of Survey, 19345-19346 2015-08249 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: Federal Acquisition Circular 2005-81;
Small Entity Compliance Guide, 19508-19509 2015-08306 Federal Acquisition Circular 2005-81; Introduction, 19504 2015-08281 Further Amendments to Equal Employment Opportunity, 19504-19508 2015-08309 Patents and Other Intellectual Property Rights, 19196-19199 2015-08145 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19357-19358 2015-08175 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Retooling Recalls Workshop, 19399 2015-08257 National Institute National Institutes of Health NOTICES Government-Owned Inventions;
Availability for Licensing, 19329-19331 2015-08290 Meetings: Center for Scientific Review, 19328 2015-08293 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2015-08291 19327-19329 2015-08294 2015-08295 2015-08350 National Heart, Lung, and Blood Institute, 19327 2015-08292 National Human Genome Research Institute, 19329 2015-08213 National Labor National Labor Relations Board RULES Representation — Case Procedures, 19199-19200 2015-08159 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
South Atlantic Vermilion Snapper; Commercial Accountability Measure and Closure, 19243 2015-08174 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 19284-19285 2015-08181 2015-08268 North Pacific Fishery Management Council, 19285 2015-08180 Pacific Fishery Management Council, 2015-08172 19284-19286 2015-08269 South Atlantic Fishery Management Council, 19283-19284 2015-08267 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.:
Kalaupapa National Historical Park, Kalawao and Maui Counties, Hawaii, 19346-19347 2015-08270 Meetings: National Park System Advisory Board, 19346 2015-08266 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Materials Research, 19358 2015-08273 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Exemptions: Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Generating Station, 19358-19370 2015-08311 Meetings; Sunshine Act, 19370 2015-08377 Patent Patent and Trademark Office NOTICES Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 19286-19287 2015-08262 Postal Regulatory Postal Regulatory Commission NOTICES Meetings:
Modifications to Proposal Nine, 19370-19371 2015-08216 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Somalia; Continuation of National Emergency (Notice of April 8, 2015), 19193 2015-08420 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Northwest Area Water Supply Project; Burke, Bottineau, Divide, McHenry, McLean, Mountrail, Pierce, Renville, Ward, and Williams Counties, ND, 19347-19348 2015-08142 Securities Securities and Exchange Commission NOTICES Applications:
Van Eck Associates Corporation, et al.; Exemptions, 19380-19381 2015-08258 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 19381-19383 2015-08204 C2 Options Exchange, Inc., 19385-19388 2015-08203 CBOE Futures Exchange, LLC, 19378-19380 2015-08200 Chicago Board Options Exchange, Inc., 19377-19378, 19388-19389 2015-08199 2015-08202 New York Stock Exchange LLC, 2015-08196 19383-19385 2015-08197 NYSE MKT, LLC, 19389-19391 2015-08198 The NASDAQ Stock Market, LLC, 19371-19377 2015-08201 Trading Suspension Orders: eCareer Holdings, Inc., 19385 2015-08373 Small Business Small Business Administration NOTICES Disaster Declarations:
Tennessee, 19391 2015-08334 West Virginia, 19393 2015-08332 Growth Accelerator Fund Competition, 19391-19393 2015-08287 Meetings: Regional Small Business Regulatory Fairness Boards, Office of the National Ombudsman, 19393-19394 2015-08305 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Van Gogh--Irises and Roses; Masterpiece in Focus--Van Gogh, 19394 2015-08310 Meetings: Advisory Commission on Public Diplomacy, 19394-19395 2015-08307 Advisory Committee on Private International Law, 19394 2015-08308 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 19331-19334 2015-08245 2015-08272 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Illinois Central Railroad Co., Champaign County, IL, 19400 2015-08111 Trackage Rights Exemptions: Nittany and Bald Eagle Railroad Co. from Norfolk Southern Railway Co., 19399-19400 2015-08252 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 19395-19396 2015-08253 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Community Development Financial Institutions Fund Veteran Affairs Veterans Affairs Department NOTICES Requests for Nominations:
Advisory Committee on Minority Veterans, 19415-19416 2015-08279 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 19418-19452 2015-08135 Part III Environmental Protection Agency, 19454-19501 2015-07895 Part IV Defense Department, 19504-19509 2015-08306 2015-08281 2015-08309 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. 80 69 Friday, April 10, 2015 Rules and Regulations DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund 12 CFR Part 1805 Modification of CDFI Certification Requirements AGENCY: Community Development Financial Institutions Fund (CDFI Fund), Department of the Treasury.
ACTION: Interim rule. SUMMARY: The Community Development Financial Institutions Fund (CDFI Fund) is amending the CDFI certification regulation with respect to the financing entity requirement and participation as an Eligible CDFI in the CDFI Bond Guarantee Program. This regulatory change creates a means for the CDFI Fund, in its discretion, to permit a CDFI's Affiliate, which applies for CDFI certification, to rely on the Controlling CDFI's activity or track record in order to meet the financing entity requirement, solely for the purpose of the Affiliate participating as an Eligible CDFI under the CDFI Bond Guarantee Program.
DATES: Effective on April 10, 2015. *Comment due date:* June 9, 2015. ADDRESSES: All comments concerning this revised interim rule should be addressed to the Certification, Compliance Monitoring and Evaluation Manager, Community Development Financial Institutions Fund, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220; by email to; *by email to cdfihelp@cdfi.treas.gov* ; or by facsimile at
(202)453-2466. *Electronic Submission of Comments:* Interested persons are encouraged to submit comments electronically through the Federal eRulemaking Portal at *http://www.regulations.gov* . Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt, and enables the Department to make them available to the public. Comments submitted electronically through the *http://www.regulations.gov* Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. All properly submitted comments will be available for inspection and downloading at *http://www.regulations.gov* . In general, comments received, including attachments and other supporting materials, are part of the public record and are available to the public. Do not submit any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: David Meyer, Acting Manager, Certification, Compliance Monitoring and Evaluation, by mail to the CDFI Fund, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220; by email to *cdfihelp@cdfi.treas.gov* ; or by facsimile at
(202)453-2466 (This is not a toll free number). SUPPLEMENTARY INFORMATION: The CDFI Fund, Department of the Treasury, was established by the Community Development Banking and Financial Institutions Act of 1994, as amended (12 U.S.C. 4701 *et seq.* ). The mission of the Community Development Financial Institutions Fund (CDFI Fund) is to increase economic opportunity and promote community development investments for underserved populations in distressed communities in the United States. Its long-term vision is to economically empower America's underserved and distressed communities. The CDFI Fund's programs are designed to facilitate the flow of lending and investment capital to distressed communities and to individuals who have been unable to take full advantage of the financial services industry. Access to credit, investment capital, and financial services are essential ingredients for creating and retaining jobs, developing affordable housing, revitalizing neighborhoods, unleashing the economic potential of small businesses, and empowering people. An important component of the CDFI Fund's authority is the certification of entities as Community Development Financial Institutions (CDFIs), which permits such entities to have access to financial assistance through the Community Development Financial Institutions Program (CDFI Program) and other CDFI Fund programs, including the CDFI Bond Guarantee Program. Through the CDFI Bond Guarantee Program, the Secretary of the Treasury provides a Guarantee for Bond(s) issued by a Qualified Issuer as part of a Bond Issue. In turn, the Qualified Issuer uses Bond Proceeds to make Bond Loans to Eligible CDFIs for Eligible Purposes, as those terms are defined in 12 CFR 1808.102. Under the CDFI Bond Guarantee Program, for a CDFI to be an Eligible CDFI, the CDFI must be certified by the CDFI Fund as meeting certification requirements (see 12 CFR 1808.202(a)). In order for an entity to be certified as a CDFI, it must meet six criteria that are set forth in the regulation that governs CDFI certification:
(i)Primary mission (12 CFR 1805.201(b)(1));
(ii)financing entity (12 CFR 1805.201(b)(2));
(iii)Target Market (12 CFR 1805.201(b)(3));
(iv)Development Services (12 CFR 1805.201(b)(4));
(v)accountability (12 CFR 1805.201(b)(5)); and
(vi)non-government entity (12 CFR 1805.201(b)(6)). The CDFI Fund is amending the CDFI certification regulation only with respect to the financing entity requirement and participation as an Eligible CDFI in the CDFI Bond Guarantee Program. This regulatory change creates a means for the CDFI Fund, in its discretion, to permit a CDFI's Affiliate (as defined in 12 CFR 1805.104(b)), which applies for CDFI certification, to rely on the Controlling CDFI's activity or track record in order to meet the financing entity requirement, solely for the purpose of the Affiliate participating as an Eligible CDFI under the CDFI Bond Guarantee Program. In other words, this revised regulation states that, for purposes of participating in the CDFI Bond Guarantee Program, the Eligible CDFI, if it is an Affiliate of a CDFI, need not meet the financing entity requirement based on its own merit or activity but may instead rely on the financing entity track record of the affiliated CDFI. This regulatory revision affects only the Affiliate's ability to meet the financing entity requirement for CDFI certification: said entity must meet the other five certification criteria in accordance with the existing regulation. Further, in this revised regulation, the CDFI Fund reserves the authority, in its discretion, to set additional parameters and restrictions on the financing entity requirement, which will be set forth in the Notice of Guarantee Availability
(NOGA)for a particular application round of the CDFI Bond Guarantee Program. Such additional parameters or restrictions may include, for example,
(i)a deadline by which the Affiliate must meet the financing entity requirement based on its own merit or activity, rather than relying on that of the affiliated CDFI, and
(ii)a requirement that the affiliated CDFI must maintain its CDFI certification until such time that the Affiliate is able to meet all CDFI certification requirements based on its own merit or activity. Regulatory Analysis and Notices Executive Order 12866 It has been determined that this rule is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. Regulatory Flexibility Act Because no notice of proposed rulemaking is required under the Administrative Procedure Act (5 U.S.C. 553) or any other law, the Regulatory Flexibility Act does not apply. Paperwork Reduction Act The collections of information contained in this interim rule have been previously reviewed and approved by the Office of Management and Budget
(OMB)in accordance with the Paperwork Reduction Act of 1995 and assigned OMB Control Numbers 1559-0006, 1559-0021, and 1559-0022. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. This document restates the collections of information without substantive change. National Environmental Policy Act This revised interim rule has been reviewed in accordance with 12 CFR part 1815. The CDFI Fund's Environmental Regulations under the National Environmental Protection Act of 1969
(NEPA)require that the CDFI Fund adequately consider the cumulative impact proposed activities have upon the human environment. It is the determination of the CDFI Fund that the interim rule does not constitute a major federal action significantly affecting the quality of the human environment and, in accordance with the NEPA and the CDFI Fund Environmental Quality Regulations, 12 CFR part 1815, neither an Environmental Assessment nor an Environmental Impact Statement is required. Administrative Procedure Act Because this interim rule relates to loans and grants, notice and public procedure and a delayed effective date are not required pursuant to the Administrative Procedure Act, 5 U.S.C. 553(a)(2). Catalogue of Federal Domestic Assistance Number Community Development Financial Institutions Program—21.020. List of Subjects in 12 CFR Part 1805 Community development, Grant programs-housing and community development, Loan programs-housing and community development, Reporting and recordkeeping requirements, Small businesses. Amendment to the Regulations For the reasons discussed in the preamble, the CDFI Fund is amending 12 CFR chapter XVII, part 1805 as follows: PART 1805—COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS PROGRAM 1. The authority citation for part 1805 continues to read as follows: Authority: 12 U.S.C. 4703, 4703 note, 4710, 4717; and 31 U.S.C. 321. 2. Section 1805.201(b)(2) is revised to read as follows: § 1805.201 Certification as a Community Development Financial Institution.
(b)* * *
(2)*Financing entity.*
(i)A CDFI shall be an entity whose predominant business activity is the provision, in arms-length transactions, of Financial Products, Development Services, and/or other similar financing. An Applicant may demonstrate that it is such an entity if it is a(n):
(A)Depository Institution Holding Company;
(B)Insured Depository Institution, Insured Credit Union, or State-Insured Credit Union; or
(C)Organization that is deemed by the CDFI Fund to have such a predominant business activity as a result of analysis of its financial statements, organizing documents, and any other information required to be submitted as part of its application. In conducting such analysis, the CDFI Fund may take into consideration an Applicant's total assets and its use of personnel.
(ii)For the sole purpose of participating as an Eligible CDFI in the CDFI Bond Guarantee Program (see 12 CFR part 1808), an Affiliate of a Controlling CDFI may be deemed to meet the financing entity requirement of this subsection by relying on the CDFI Fund's determination that the Controlling CDFI has met said requirement; provided, however, that the CDFI Fund reserves the right, in its sole discretion, to set additional parameters and restrictions on such, which parameters and restrictions shall be set forth in the applicable Notice of Guarantee Availability for a CDFI Bond Guarantee Program application round.
(iii)Further, for the sole purpose of participating as an Eligible CDFI in the CDFI Bond Guarantee Program, the provision of Financial Products, Development Services, and/or other similar financing by an Affiliate of a Controlling CDFI need not be arms-length if such transaction is by and between the Affiliate and the Controlling CDFI, pursuant to an operating agreement that includes management and ownership provisions and is in form and substance that is acceptable to the CDFI Fund. Dated: April 7, 2015. Mary Ann Donovan, Director, Community Development Financial Institutions Fund. [FR Doc. 2015-08356 Filed 4-9-15; 8:45 am]
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- 12 CFR 1808
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