Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-03-03.xml --- 81 42 Thursday, March 3, 2016 Contents Agriculture Agriculture Department See Forest Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Viticultural Areas: Loess Hills District; Establishment, 11113-11116 2016-04760 Willamette Valley; Expansion, 11110-11113 2016-04710 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Application Process for Designation of Rural Area under Federal Consumer Financial Law;

Procedural Rule, 11099-11102 2016-04643 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Privacy Act; Computer Matching Program, 11274-11277 2016-04732 2016-04734 2016-04735 Coast Guard Coast Guard RULES Drawbridge Operations: Saginaw River, Bay City, MI, 11118-11120 2016-04743 PROPOSED RULES Safety Zones: Xterra Swim, Myrtle Beach, SC Intracoastal Waterway, Myrtle Beach, SC, 11161-11164 2016-04664 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Office Copyright Office, Library of Congress NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Section 512 Study; Extension, 11294 2016-04641 Defense Department Defense Department See Engineers Corps See Navy Department NOTICES Arms Sales, 11193-11199 2016-04642 2016-04683 2016-04684 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Performance Report for Gaining Early Awareness and Readiness for Undergraduate Programs, 11201 2016-04608 Financial Report for the Endowment Challenge Grant Program and Institutional Service Endowment Activities, 11201-11202 2016-04675 Formula Grant EASIE Electronic Application System for Indian Education, 11200-11201 2016-04600 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contractor Information Gathering, 11291-11294 2016-04631 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Authorizations to Export Liquefied Natural Gas: Jordan Cove Energy Project, LP; Amendment of Application, 11202-11203 2016-04733 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11204-11205 2016-04759 Engineers Engineers Corps NOTICES Environmental Assessments;

Availability, etc.: Draft Master Plan and Shoreline Management Plan; Beaver Lake Flood Risk Management, Hydropower, Water Supply, Recreation, and Fish and Wildlife, 11199-11200 2016-04736 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona: Phoenix Second 10-Year Carbon Monoxide Maintenance Plan, 11120-11121 2016-04614 Pesticide Tolerances; Emergency Exemptions: Fluensulfone, 11121-11124 2016-04757 NOTICES Clean Air Act Operating Permit Program:

Texas: Petition for Objection to State Operating Permit Southwestern Electric Power Co. H.W. Pirkey Power Plant, 11209 2016-04752 Land-Ban Exemptions: Ineos Nitriles USA, LLC, 11209-11212 2016-04756 Twenty-Ninth Update of the Federal Agency Hazardous Waste Compliance Docket, 11212-11266 2016-04692 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 11266-11267 2016-04814 Federal Aviation Federal Aviation Administration RULES Amendment of Class D and Class E Airspace:

Minot, ND, 11103 2016-04482 Establishment of Class E Airspace: South Naknek, AK, 11102-11103 2016-04489 PROPOSED RULES Airworthiness Directives: BLANIK LIMITED Gliders, 11134-11136 2016-04541 Viking Air Limited Airplanes, 11132-11134 2016-04539 Establishment of Class D Airspace; Revocation of Class D Airspace; and Amendment of Class D and E Airspace: Destin, FL; Duke Field, Eglin AFB, FL; Eglin AF Aux No 3 Duke Field, FL; Eglin Air Force Base, FL; Eglin Hurlburt Field, FL; and Crestview, FL, 11136-11139 2016-04491 Establishment of Class E Airspace:

Harlan, KY, 11139-11140 2016-04496 NOTICES Noise Compatibility Programs: Lafayette Regional Airport, Lafayette, LA, 11346-11347 2016-04763 Release of Airport Property Requests: Gainesville Municipal Airport, Gainesville, TX, 11347 2016-04764 Waivers for Aeronautical Land-Use Assurance: Fort Worth Spinks Airport, Fort Worth, TX, 11346 2016-04737 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in a Rulemaking Proceeding;

Correction, 11166 2016-04521 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: Community National Bank At Bartow, Bartow, FL, 11267-11268 2016-04659 Eastside Commercial Bank, Conyers, GA, 11267 2016-04661 First Guaranty Bank and Trust Co. of Jacksonville, Jacksonville, FL, 11267 2016-04660 Olde Cypress Community Bank, Clewiston, FL, 11267 2016-04658 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 11205-11206, 11208-11209 2016-04651 2016-04652 2016-04662 Environmental Assessments;

Availability, etc.: ANR Pipeline Co., Collierville Expansion Project, 11206-11208 2016-04653 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Privacy Act; Systems of Records, 11268-11270 2016-04744 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 11347-11348 2016-04670 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11270-11273 2016-04654 Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 11273 2016-04622 2016-04666 Federal Transit Federal Transit Administration NOTICES Proposed Equal Employment Opportunity Program Circular, 11348-11351 2016-04648 Food and Drug Food and Drug Administration PROPOSED RULES General and Plastic Surgery Devices: Blood Lancets; Reclassification, 11140-11151 2016-04578 Premarket Approval for Blood Lancets; Effective Date of Requirement, 11151-11160 2016-04579 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities;

Authorizations: Foreign-Trade Zone 39, Dallas/Fort Worth, TX; KONE Inc. (Elevator Parts), Allen, TX, 11173 2016-04714 Foreign-Trade Zone 76, Bridgeport, CT; MannKind Corp. Subzone 76B (Inhalable Insulin), Danbury, CT, 11173-11174 2016-04715 Forest Forest Service NOTICES Meetings: Deschutes Provinicial Advisory Committee, 11173 2016-03567 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Consumer Health Data Aggregator Challenge;

Requirements and Registration, 11278-11280 2016-04596 Provider User-Experience Challenge; Requirements and Registration, 11277-11278 2016-04466 Historic Historic Preservation, Advisory Council NOTICES Policy Statement on Historic Preservation and Community Revitalization, 11283-11287 2016-04640 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Interior Interior Department See National Park Service RULES Freedom of Information Act Regulations, 11124-11131 2016-04647 Internal Revenue Internal Revenue Service RULES Utility Allowances Submetering, 11104-11110 2016-04606 PROPOSED RULES Utility Allowances Submetering, 11160-11161 2016-04618 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11361 2016-04761 Low Income Taxpayer Clinic Grant Program: 2016 Supplemental Grant Application Period, 11359-11360 2016-04720 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 11179-11187 2016-04702 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Uncoated Paper from Australia, Brazil, Indonesia, the People's Republic of China, 11174-11177 2016-04699 Certain Uncoated Paper from Indonesia and the People's Republic of China, 11187-11189 2016-04717 Diamond Sawblades and Parts Thereof from the People's Republic of China:

Initiation and Preliminary Results of Changed Circumstances Review, 11177-11179 2016-04711 Welded Stainless Pressure Pipe from India: Postponement of Preliminary Determination, 11179 2016-04719 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Generalized System of Preferences: Possible Modifications, 2015 Review, 11290-11291 2016-04649 Labor Department Labor Department See Employment and Training Administration Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Meetings:

NASA Advisory Council; Technology, Innovation and Engineering Committee, 11294 2016-04766 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: National Council on the Arts, 11295 2016-04665 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Denial of Motor Vehicle Defect Petition, 11351-11354 2016-04605 Importation Eligibility;

Approvals: Model Year 2006-2007 European Market Ferrari 599 GTB Passenger Cars Manufactured Prior to September 2007, 11354-11358 2016-04616 Petitions for Inconsequential Noncompliance: Supreme Corp., 11358-11359 2016-04617 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2016-04629 11280-11282 2016-04630 National Cancer Institute, 2016-04671 11280-11282 2016-04672 National Institute of Allergy and Infectious Diseases, 11282 2016-04628 National Institute of General Medical Sciences, 11281 2016-04673 National Institute on Alcohol Abuse and Alcoholism, 11282-11283 2016-04674 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of the Gulf of Mexico; Gag Management Measures, 11166-11168 2016-04655 Fisheries of the Northeastern United States: Northeast Groundfish Fishery; Recreational Management Measures, 11168-11172 2016-04656 NOTICES Endangered and Threatened Species: Takes of Anadromous Fish, 11192-11193 2016-04669 Environmental Impact Statements; Availability, etc.: Pacific Fishery Management Council, 11189-11192 2016-04612 Meetings: Mid-Atlantic Fishery Management Council, 11192 2016-04667 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: San Juan Promenade Extension Project from El Morro Floating Battery Area to San Juan Bautista Plaza, 11290 2016-04645 Minor Boundary Revision at Saratoga National Historical Park, 11290 2016-04644 Navy Navy Department RULES Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea, 1972, 11116-11118 2016-04547 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions and Combined License Amendments: Vogtle Electric Generating Station, Units 3 and 4;

Southern Nuclear Operating Co.; Addition of Instruments to Design Reliability Assurance Program, 11295-11296 2016-04754 License Modifications: Duke Energy Corp., Crystal River Nuclear Generating Plant Independent Spent Fuel Storage Installation, 11296-11302 2016-04749 Operator Licensing Examination Standards for Power Reactors, 11302 2016-04748 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 11303-11304 2016-04632 Rate Adjustments, 11302-11303 2016-04621 Postal Service Postal Service PROPOSED RULES Semipostal Stamp Program, 11164-11166 2016-04646 NOTICES Meetings;

Sunshine Act, 11304 2016-04904 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: American Red Cross Month (Proc. 9399), 11091-11092 2016-04842 Irish-American Heritage Month (Proc. 9400), 11093-11094 2016-04865 National Colorectal Cancer Awareness Month (Proc. 9401), 11095-11096 2016-04871 Women's History Month (Proc. 9402), 11097-11098 2016-04875 Securities Securities and Exchange Commission NOTICES Applications: Deregistrations under the Investment Company Act, 11304-11305 2016-04639 Meetings;

Sunshine Act, 11309 2016-04792 Self-Regulatory Organizations; Proposed Rule Changes: EDGX Exchange, Inc., 11335-11337 2016-04634 Financial Industry Regulatory Authority, Inc., 11337-11340 2016-04635 International Securities Exchange, LLC, 11305-11307 2016-04637 ISE Gemini, LLC, 11309-11311 2016-04638 NASDAQ OMX PHLX, LLC, 11307-11309 2016-04636 NYSE MKT, LLC, 11311-11335 2016-04633 Small Business Small Business Administration NOTICES Women-Owned Small Business Federal Contract Program:

Identification of Eligible Industries, 11340-11343 2016-04762 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Pergamon and the Hellenistic Kingdoms of the Ancient World, 11343-11344 2016-04834 Surface Transportation Surface Transportation Board NOTICES Track Construction and Operation Exemptions: Lone Star Railroad, Inc. and Southern Switching Co., Howard County, TX, 11344 2016-04668 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements;

Availability, etc.: Multiple Reservoirs Land Management Plans, 11344-11346 2016-04745 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration NOTICES Commuter Authority Applications: Exec Air Inc. of Naples D/B/A Execair, 11359 2016-04676 Security Transportation Security Administration RULES Passenger Screening Using Advanced Imaging Technology, 11364-11405 2016-04374 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for T Nonimmigrant Status; Application for Immediate Family Member of T-1 Recipient; and Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, etc., 11288 2016-04769 Consideration of Deferred Action for Childhood Arrivals, 11289-11290 2016-04663 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Deferral of Duty on Large Yachts Imported for Sale, 11287 2016-04747 Separate Parts In This Issue Part II Homeland Security Department, Transportation Security Administration, 11364-11405 2016-04374 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 42 Thursday, March 3, 2016 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 RIN 3170-AA58 Application Process for Designation of Rural Area under Federal Consumer Financial Law;

Procedural Rule AGENCY: Bureau of Consumer Financial Protection. ACTION: Final rule. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is adopting a procedural rule establishing an application process under which a person may identify an area that has not been designated by the Bureau as a rural area for purposes of a Federal consumer financial law and apply for such area to be so designated. Currently the Bureau designates rural areas for purposes of certain Federal consumer financial laws relating to mortgage lending.

DATES: This final rule is effective March 3, 2016. The Bureau will begin accepting applications submitted according to the procedure established herein on March 31, 2016. FOR FURTHER INFORMATION CONTACT: Carl Owens, Terry J. Randall, and James Wylie, Counsels, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at 202-435-7700. SUPPLEMENTARY INFORMATION: I. Background A. Rural Area Designations in Federal Consumer Financial Law Federal consumer financial law provides special provisions and exemptions for certain creditors doing business in rural areas.

For example, an exemption from the requirement to establish an escrow account for a higher-priced mortgage loan (escrow exception) partially depends on whether the creditor has extended credit secured by properties in rural areas 1 and a special provision permits certain small creditors to originate balloon-payment qualified mortgages if the creditor has extended a sufficient amount of credit secured by properties in rural areas. 2 1 12 CFR 1026.35(b), 1026.35(b)(2)(iii)(A), and 1026.35(b)(2)(iv)(A). 2 12 CFR 1026.43(f)(1).

The exemption and special provision listed above were adopted as part of the Bureau's mortgage rules implementing title XIV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), 3 pursuant to its authority under the Truth in Lending Act (TILA), as amended by the Dodd-Frank Act. The Bureau adopted revisions to these provisions that were published in the **Federal Register** on October 2, 2015. 4 These revisions included raising the loan origination limit for determining eligibility for small creditor status, including the assets of a creditor's affiliates that regularly extended covered transactions in the calculation of the asset limit for small-creditor status, expanding the definition of rural and underserved areas by adding census blocks that are not in urban areas as defined by the U.S.

Census Bureau to the existing county-based definition, and extending the transition period that allowed certain small creditors to make balloon-payment qualified mortgages regardless of whether they operated predominantly in rural or underserved areas to April 1, 2016. Title LXXXIX of the Fixing America's Surface Transportation Act, entitled the HELP Rural Communities Act, 5 contained amendments to TILA and new provisions relating to the designation by the Bureau of rural areas under “a Federal consumer financial law (as defined under section 1002 of the [Dodd-Frank Act]).” 3 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010). 4 Amendments Relating to Small Creditors and Rural or Underserved Areas Under the Truth in Lending Act (Regulation Z), 80 FR 59943, 59944 (Oct. 2, 2015). 5 HELP Rural Communities Act, Public Law 114-94 (2015).

B. HELP Rural Communities Act Application Process Section 89002 of the HELP Rural Communities Act requires the Bureau to establish an application process under which a person may apply to have an area designated by the Bureau as a rural area for purposes of a Federal consumer financial law. Section 89002 of the HELP Rural Communities Act also provides details on many of the features of the process, including evaluation criteria for the Bureau's determinations on these applications, a period for public comment on the applications, and a sunset date for the application process of two years after the date of enactment of the HELP Rural Communities Act.

The Bureau is issuing this procedural rule to establish the process required by section 89002 of the HELP Rural Communities Act. Section 89003 of the HELP Rural Communities Act separately made amendments to TILA's test with respect to the Bureau's discretionary authority to establish the escrow exemption and a special provision that permits certain small creditors to originate balloon-payment qualified mortgages. This procedural rule relates solely to the application process under section 89002 and not to those amendments.

The Bureau understands that the HELP Rural Communities Act amendments to TILA may create some uncertainty for creditors regarding how the Bureau will exercise its newly expanded discretionary authority with respect to the exemption and special provision in question, particularly in light of the April 1, 2016, expiration of the temporary period that allows certain small creditors to originate balloon-payment qualified mortgages and balloon-payment high cost mortgages, regardless of their operations in rural or underserved areas. 6 The Bureau expects to issue another notice in the **Federal Register** shortly concerning the amendments under section 89003.

The Bureau also anticipates providing an interpretation of the term “rural area” in section 89002(a) of the HELP Rural Communities Act in that notice that would define the type of area for which applicants may submit applications pursuant to this rule. The Bureau plans to issue that notice before it begins accepting applications pursuant to this rule on March 31, 2016. 6 Amendments Relating to Small Creditors and Rural or Underserved Areas Under the Truth in Lending Act (Regulation Z), 80 FR 59943, 59968 (amending 12 CFR 1026.43(e)(i)(B)(ii)) (Oct. 2, 2015).

II. Procedural Requirements A. Administrative Procedure Act No notice of proposed rulemaking is required under the Administrative Procedure Act

(APA)because this rule relates solely to agency procedure and practice. 7 Because the rule relates solely to agency procedure and practice, it is not substantive, and therefore is not subject to the 30-day delayed effective date for substantive rules under section 553(d) of the APA. 8 The Bureau also believes that this final rule meets the requirements for the section 553(d)(3) exception for good cause. Congress, in section 89002(a) of the HELP Rural Communities Act, required the Bureau to establish an application process not later than 90 days after the enactment of the HELP Rural Communities Act. Because the application process has a required sunset period of two years from the enactment of the HELP Rural Communities Act under section 89002(g), there is good cause to establish the procedure immediately to provide the most time possible for applicants to use the application process. Therefore, the Bureau finds that there is good cause to make the final rule effective on March 3, 2016. Though this final rule establishes the application process immediately, the Bureau will not begin accepting applications until March 31, 2016. In addition the Bureau currently expects to issue a notice concerning the amendments under section 89003 of the HELP Rural Communities Act before March 31, 2016, in light of the April 1, 2016, expiration of the temporary provisions referenced in part I above, and the Bureau expects that some potential applicants may wish to consider the content of that notice in determining whether to apply. The delay also will afford some time for the Bureau to prepare internal procedures to receive applications. 7 5 U.S.C. 553(b). 8 5 U.S.C. 553(d). B. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 9 9 5 U.S.C. 603-604. III. Legal Authority The Bureau is issuing this rule pursuant to its authority under section 1022(b)(1) of the Dodd-Frank Act, which authorizes the Bureau to prescribe rules as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of Federal consumer financial law. 10 The Bureau is also issuing this rule pursuant to the requirements of section 89002(a) of the HELP Rural Communities Act. 11 10 12 U.S.C. 5512(b)(1). 11 Public Law 114-94, Title LXXXIX (2015). IV. Effective Date The final rule is effective March 3, 2016. The Bureau will begin accepting applications submitted according to the procedure established herein on March 31, 2016. The HELP Rural Communities Act provides that section 89002, which requires the Bureau to establish this process, shall cease to have any force or effect on December 4, 2017. V. Paperwork Reduction Act According to the Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3501 *et seq.* ) the Bureau may not conduct or sponsor a collection of information as defined by the PRA and, notwithstanding any other provisions of law, persons are not required to respond to a collection of information unless it displays a current valid Office of Management and Budget

(OMB)control number. The collections of information contained in this procedural rule, and identified as such, have been approved by OMB and assigned the control number 3170-0061. The information collection contained in this procedural rule is required to obtain a benefit. The information collection under this procedural rule is an application to request that the Bureau apply a rural designation to a specific geographic area. VI. Application Process and Instructions A. Submission The application shall be addressed to the CFPB Rural Application Coordinator, Bureau of Consumer Financial Protection. It may be submitted using one of the following methods: • *Email: CFPB_Rural_Application@cfpb.gov.* • *Mail:* ATTN: CFPB Rural Application Coordinator, Research, Markets, and Regulations Division, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. • *Hand Delivery/Courier:* ATTN: CFPB Rural Application Coordinator, Research, Markets, and Regulations Division, Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002. If the application is submitted by email, it and all attachments described below in part VI.C shall be compiled into a single portable document format

(PDF)file. If the application is submitted by mail, hand delivery, or courier, the applicant shall provide three copies of the complete application. The application shall not exceed 10 pages. B. Content The application shall contain the following sections: 1. Area Identified The application shall specifically identify the area requested to be designated as a rural area and the State in which the area is located. An application may identify more than one area if the areas are contiguous ( *e.g.,* counties that share a border). Additional areas that are not contiguous ( *e.g.,* counties that do not share a border) must be identified in separate applications. The application shall provide information describing the area identified, for example: a. The county that comprises the area or in which the area is located; or b. The Census block that comprises the area, unless the area is comprised entirely of whole counties. 2. Justification for Designation as Rural Area The applicant shall provide the following information about the evaluation criteria in section 89002(b) of the HELP Rural Communities Act: a. Census Bureau The application shall state whether the area identified is classified as rural or urban by the Director of the Bureau of the Census and, if rural, explain the basis for concluding that the area identified was so classified, including by attaching any supporting documentation as described below in part VI.C. b. Office of Management and Budget The application shall state whether the area identified is classified as either a metropolitan area, a micropolitan area, or neither by the Director of the Office of Management and Budget and, if neither, explain the basis for concluding that the area identified was so classified, including by attaching any supporting documentation as described below in part VI.C. c. Department of Agriculture—Rural Development The application shall state whether the Secretary of Agriculture has determined that properties in the area identified are eligible for programs of the United States Department of Agriculture Office of Rural Development and, if so, explain the basis for concluding that the Secretary has determined as such, including by attaching any supporting documentation as described below in part VI.C. d. Department of Agriculture—Rural-Urban Commuting Codes The application shall state the most recent primary and secondary rural-urban commuting codes from the Department of Agriculture for the area identified or of which the area identified is a part, including by attaching any supporting documentation as described below in part VI.C. e. State Bank Supervisor The application shall state whether the State bank supervisor, as defined by 12 U.S.C. 1813(r), of the State where the area identified is located has issued a written opinion concerning whether the area identified should be designated as a rural area. Any such written opinion shall be attached as described below in part VI.C. f. Population Density The application shall provide the population density of the area identified expressed as the number of persons per square mile using data from the Bureau of the Census and explain the data relied on, including by attaching supporting documentation as described below in part VI.C. The application shall also provide the population density of any nearby area with a greater population density that has been designated by the Bureau as a rural area. 3. Applicant Information The application shall include the following information about the applicant: a. Name The application shall include the name of the applicant. b. Contact Information The application shall include information about how to contact the applicant if the Bureau needs additional information about the request. c. Living or Doing Business in the State If the applicant is a natural person, the application shall include only a statement affirming that the applicant lives or does business in the State in which the area identified is located. If the applicant is not a natural person, the application shall include a statement affirming that the applicant does business in the State in which the area identified is located and evidence supporting the statement as an attachment as described in part VI.C. Such evidence could include, for example, evidence of incorporation in the State, evidence of licensure to do business in the State, evidence of licensure to conduct a specific type of business in the State, or evidence of an office in the State. The applicant may redact such evidence to withhold sensitive personal information that is not relevant to establishing that the applicant does business in the State where the area identified is located. The applicant may also state on a cover page to the attachment that it wishes the entire attachment to be withheld from the **Federal Register** publication of the attachment. C. Attachments The application shall include any other documents necessary to provide the required information above as attachments. D. Further Instructions Applicants should not include personal information other than information identified above in part VI.B.3. The Bureau is required by the HELP Rural Communities Act to publish the application in the **Federal Register** . The Bureau may redact the application prior to publication in the **Federal Register** to withhold any unnecessary personal information included in the application. VII. Process for Considering Applications A. Receipt of Application and Initial Review Upon receipt of a request pursuant to this process, the Bureau shall review the request for preliminary matters, including: 1. Completeness of the information set forth above in part VI; 2. Ensuring that the area identified is not already designated as a rural area under the Federal consumer financial laws; 3. Determining if there is an application already pending for the same area identified as described in section 89002(d)(2) of the HELP Rural Communities Act; and 4. Determining if an application for the area identified has been denied less than 90 days before the receipt of the application as described in section 89002(f) of the HELP Rural Communities Act. If the Bureau determines that the applicant has not submitted a complete application ( *e.g.,* because the Bureau cannot ascertain the relevant area from the application), it shall contact the applicant and specify the additional information that is needed to complete an application. If the Bureau determines that the applicant seeks the designation of a rural area for an area that is already designated as a rural area under the Federal consumer financial laws, for an area for which an application is already pending, for an area for which an application has been denied less than 90 days before the receipt of the application, or if the Bureau determines that the applicant neither lives nor does business in the State in which the area is located, the Bureau shall notify the applicant that the Bureau will not consider whether to designate the area as rural and the reason for not considering the application. B. Publication of Application in the Federal Register Not later than 60 days after receipt of a complete application, the Bureau shall publish the application in the **Federal Register** . The Bureau may redact the application prior to publication in the **Federal Register** to withhold any unnecessary personal information included in the application, as discussed above in part VI.D. C. Public Comment on Application The Bureau shall accept public comments on the application for not fewer than 90 days after publication in the **Federal Register** . D. Decision on Designation The Bureau shall review the information contained in the application and the public comments and, not later than 90 days after the end of the public comment period described above in part VII.C, the Bureau shall grant or deny the application in whole or in part and shall publish such grant or denial in the **Federal Register** along with an explanation of what factors the Bureau relied on in making such determination. The Bureau shall base its decision on the criteria set forth in section 89002(b) of the HELP Rural Communities Act and the rule of construction in section 89002(c) of the HELP Rural Communities Act. A decision to grant an application in whole or in part shall specify the area designated as a rural area, and the time period during which the designation is effective by reference to the duration of the designations of rural areas under the Federal consumer financial laws. E. Sunset Date The HELP Rural Communities Act contemplates a process of up to 240 days for each application, including a minimum of 90 days for public comments. The Bureau will consider any application received before April 8, 2017. The Bureau may, in its discretion, consider an application received on or after April 8, 2017, if it determines that it is possible to complete the designation decision process for that application by the sunset date, based on the time remaining, the complexity of the application, and any other relevant factors. The Bureau will notify the applicant if it determines that it cannot complete the application process, in which case the Bureau shall not consider the application nor publish the application in the **Federal Register** as described above in part VII.B. Dated: February 26, 2016. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2016-04643 Filed 3-2-16; 8:45 am]

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