Unknown. Final rule
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/register/2016/03/30/2016-07151A 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-2016-03-30.xml --- 81 61 Wednesday, March 30, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17714-17715 2016-07118 Requests for Nominations: National Advisory Council for Healthcare Research and Quality, 17716 2016-07119 Agriculture Agriculture Department See Forest Service AIRFORCE Air Force Department PROPOSED RULES Administrative Claims, 17621-17635 2016-06896 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:
Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 17716-17717 2016-07134 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid and Children's Health Insurance Programs: Mental Health Parity and Addiction Equity Act of 2008; the Application of Mental Health Parity Requirements to Coverage Offered by Medicaid Managed Care Organizations, the Children's Health Insurance Program (CHIP), and Alternative Benefit Plans, 18390-18445 2016-06876 Civil Rights Civil Rights Commission NOTICES Meetings:
Kansas Advisory Committee, 17664 2016-07125 Oklahoma Advisory Committee, 17664-17665 2016-07126 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Louisiana Dragon Boat Race, Red River Mile Marker, 17635-17637 2016-06909 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Market Risk Advisory Committee, 17682-17683 2016-07131 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Annual Company-Run Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of $10 Billion to $50 Billion under the Dodd-Frank Wall Street Reform and Consumer Protection Act, 17786-17787 2016-07140 Consumer Product Consumer Product Safety Commission NOTICES Settlement Agreements and Orders: Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric Appliances Sales Co., Ltd., and Gree USA Sales, Ltd., 17683-17686 2016-07124 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17686-17687 2016-07160 Defense Department Defense Department See Air Force Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17687 2016-07162 Drug Drug Enforcement Administration NOTICES Decisions and Orders: Avi Weisfogel, D.D.S., 17738-17739 2016-07111 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 17689 2016-07287 Energy Department Energy Department NOTICES Applications to Export Electric Energy:
Cargill Power Markets, LLC, 17692-17693 2016-07156 2016-07157 Intercom Energy, Inc., 17693-17694 2016-07159 Meetings: Inform the Design of a Consent-Based Siting Process for Nuclear Waste Storage and Disposal Facilities, 2016-07152 17689-17690, 17694 2016-07153 2016-07154 2016-07155 Quadrennial Energy Review, 17690-17692 2016-07170 Environmental Protection Environmental Protection Agency RULES Exemption from the Requirement of a Tolerance: Salicylaldehyde, 17611-17615 2016-07085 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17694-17696 2016-07174 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regional Haze Regulations, 17696 2016-07087 Guidance: Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations, etc., 17697-17708 2016-07185 Meetings: Managing Cyanotoxins in Drinking Water, 17696-17697 2016-07173 Federal Aviation Federal Aviation Administration RULES Class D Airspace and Class E Airspace;
Amendments: Ithaca, NY; Poughkeepsie, NY, 17602-17603 2016-07077 Lynchburg, VA, 17603-17604 2016-07079 Flight Simulation Training Device Qualification Standards for Extended Envelope and Adverse Weather Event Training Tasks, 18178-18388 2016-05860 PROPOSED RULES Proposed Establishment of Temporary Restricted Areas R-2509E, R-2509W, and R-2509N; Twentynine Palms, CA, 17619-17621 2016-07166 NOTICES Guidance: Procedures and Process to Petition the Secretary under the Airport and Airway Improvement Act, 17756-17758 2016-07165 Federal Communications Federal Communications Commission RULES Technology Transitions, Policies, and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers and Special Access for Price Cap Local Exchange Carriers;
Correction, 17617 2016-07147 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17708-17713 2016-07115 2016-07116 2016-07117 2016-07121 2016-07148 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings: Systemic Resolution Advisory Committee, 17713-17714 2016-07127 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 17615-17617 2016-07093 NOTICES Major Disaster Declarations: Louisiana;
Amendment No. 1, 17717 2016-07095 Louisiana; Amendment No. 2, 17717 2016-07102 Major Disasters and Related Determinations: Louisiana, 17717-17718 2016-07094 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17758-17760 2016-07169 Federal Maritime Federal Maritime Commission NOTICES Complaints: Jill M. Alban, et al. v. Nippon Yusen Kabushiki Kaisha, et al., 17714 2016-07105 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:
Designation and Nondesignation of Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species, 17790-18110 2016-06069 NOTICES Meetings: Advisory Council on Wildlife Trafficking, 17719-17720 2016-07113 Sport Fishing and Boating Partnership Council, 17718-17719 2016-07133 Food and Drug Food and Drug Administration RULES New Animal Drugs: Approval of New Animal Drug Applications; Changes of Sponsorship, 17604-17610 2016-07135 Forest Forest Service NOTICES Meetings: Pacific Northwest National Scenic Trail Advisory Council, 17663 2016-07137 Shasta County Resource Advisory Committee, 17663-17664 2016-07136 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 PROPOSED RULES Medication Assisted Treatment for Opioid Use Disorders, 17639-17662 2016-07128 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Information Information Security Oversight Office NOTICES Meetings:
National Industrial Security Program Policy Advisory Committee, 17739 2016-07146 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Petroleum Wax Candles from the People's Republic of China, 17665-17666 2016-07186 Justice Department Justice Department See Drug Enforcement Administration Land Land Management Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17728-17733 2016-07088 2016-07090 2016-07091 2016-07163 2016-07164 Environmental Impact Statements; Availability, etc.: Federal Coal Program; Public Scoping Meetings, 17720-17728 2016-07138 Management Management and Budget Office NOTICES Category Management Policy 16-2—Improving the Acquisition and Management of Common Information Technology—Mobile Devices and Services, 17739 2016-07192 National Archives National Archives and Records Administration See Information Security Oversight Office See Office of Government Information Services RULES Fees, 17610-17611 2016-07149 National Credit National Credit Union Administration RULES Investment and Deposit Activities:
Bank Notes, 17601-17602 2016-07151 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investment and Deposit Activities, 17740 2016-07123 National Highway National Highway Traffic Safety Administration NOTICES Importation Eligibility; Petitions: Model Year 2014 Mercedes-Benz SLK Class Passenger Cars, 17760-17761 2016-07144 Petitions for Decisions of Inconsequential Noncompliance: Chrysler Group, LLC, 17763-17764 2016-07143 General Motors, LLC, 17761-17763 2016-07092 Nitto Tire U.S.A, Inc., 17764-17765 2016-07142 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Pollock in Statistical Area 610 in the Gulf of Alaska; Closure, 17617-17618 2016-07129 NOTICES Takes of Marine Mammals Incidental to Specified Activities: Subsea Cable-laying Operations in the Bering, Chukchi, and Beaufort Seas, 17666-17682 2016-07109 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17735 2016-07167 Inventory Completions: Kamehameha Schools and University of Hawai'i at Hilo, Hilo, HI, 17736 2016-07107 Sheriff's Office, Berrien County, Saint Joseph, MI, 17736-17737 2016-07106 University of South Alabama, Center for Archaeological Studies, Mobile, AL, 17734-17735 2016-07110 Policies and Procedures Governing Philanthropic Partnerships, 17733-17734 2016-07089 Navy Navy Department NOTICES Meetings:
Draft Environmental Impact Statement for the Disposal and Reuse of Surplus Property at Naval Station Newport, Rhode Island, 17688-17689 2016-07141 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Integrated Action Plan to Modernize Digital Instrumentation and Controls Regulatory Infrastructure, 17740-17741 2016-07112 Ocean Energy Management Ocean Energy Management Bureau RULES Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf, 18112-18176 2016-06513 OGIS Office of Government Information Services NOTICES Meetings:
Freedom of Information Act Advisory Committee, 17739-17740 2016-07145 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Oil Spill Response Planning Workshop, 17765-17766 2016-07096 Postal Service Postal Service PROPOSED RULES Procedures Relating to the Disposition of Property Acquired by the United States Postal Service Office of Inspector General for Use as Evidence, 17637-17639 2016-07103 Securities Securities and Exchange Commission NOTICES Applications:
NexPoint Capital, Inc., et al., 17741-17746 2016-07101 Meetings; Sunshine Act, 17752 2016-07224 Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange, LLC, 17752-17753 2016-07098 NYSE Arca, Inc., 2016-07097 2016-07099 17746-17752 2016-07100 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Diversity Visa Entry Form, 17755 2016-07184 Statement of Consent—Issuance of a U.S.
Passport to a Minor Under Age 16, 17754-17755 2016-07183 Statement of Exigent/Special Family Circumstances for Issuance of a U.S. Passport to a Minor under Age 16, 17753-17754 2016-07182 Culturally Significant Objects Imported for Exhibition: High Society—The Portraits of Franz X. Winterhalter, 17754 2016-07180 Meetings: Advisory Panel to the U.S. Section of the North Pacific Anadromous Fish Commission, 17755-17756 2016-07178 Surface Transportation Surface Transportation Board NOTICES Meetings:
Rail Energy Transportation Advisory Committee, 17756 2016-07122 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17782-17786 2016-07132 Order Soliciting Community Proposals, 17767-17782 2016-07286 Transportation Research and Development Strategic Plan;
Requests for Information, 17766-17767 2016-07139 Treasury Treasury Department See Comptroller of the Currency Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 17790-18110 2016-06069 Part III Interior Department, Ocean Energy Management Bureau, 18112-18176 2016-06513 Part IV Transportation Department, Federal Aviation Administration, 18178-18388 2016-05860 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 18390-18445 2016-06876 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 61 Wednesday, March 30, 2016 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 703 RIN 3133-AE55 Investment and Deposit Activities—Bank Notes AGENCY: National Credit Union Administration (NCUA). ACTION:
Final rule. SUMMARY: The NCUA Board (Board) is finalizing a rule that amends the maturity requirement for bank notes to be permissible investments for federal credit unions
(FCUs)by removing the word “original” from the current requirement that bank notes have “original weighted average maturities of less than 5 years.” DATES: This rule is effective April 29, 2016. FOR FURTHER INFORMATION CONTACT: John Nilles, Senior Capital Markets Specialist, Office of Examination and Insurance, at the above address or telephone
(703)518-6360; or Justin M. Anderson, Senior Staff Attorney, Office of General Counsel, at the above address or telephone
(703)518-6540. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Comments on the October 2015 Proposal III. Final Rule IV. Regulatory Procedures I. Background In October 2015, the Board issued a proposed rule to amend the maturity requirement for bank notes to be permissible investments for FCUs by removing the word “original” from the requirement that bank notes have “original weighted average maturities of less than 5 years.” 1 As the Board noted in the proposal, the authority for FCUs to invest in bank notes is derived from the provision in the Federal Credit Union Act (the Act) that permits FCUs to make deposits in, among other things, national and state banks. 1 80 FR 63932 (Oct. 22, 2015). The Act does not provide authority for FCUs to purchase bank notes that are not deposits. The Act, however, does not define “deposit.” NCUA's long-standing policy has been to use the definition of deposit in the Federal Reserve Board's Regulation D. Regulation D provides, in relevant part, that a liability of a depository institution can be a “deposit” if, among other things:
(1)It is insured;
(2)it is not subordinated to the claims of depositors; and
(3)it has a weighted average maturity of less than five years. 2 2 NCUA's regulations do not require that all of these criteria be met for bank notes to be permissible investments. The Board stated in the proposal that removing the word “original” would better align NCUA's requirements for bank notes with the Regulation D definition of a deposit. Further, the Board noted that this amendment would also provide FCUs with some measure of regulatory relief. By removing the word “original,” which ties the bank note's maturity to its original date of issuance, FCUs will be permitted to select from a much larger pool of possible bank note offerings. Specifically, FCUs will be permitted to purchase bank notes that had *original* maturities of *greater* than five years but have *remaining* maturities of *less than* five years. Expanding the list of permissible offerings for FCUs will result in:
(1)Cheaper execution prices;
(2)flexibility for FCUs; and
(3)greater efficiency for FCUs in finding suitable offerings. The weighted average maturity of less than five years will also maintain safety and soundness by avoiding excessive interest rate risk. II. Comments on the October 2015 Proposal The Board received eight comment letters in response to the October 2015 proposal. Generally, all of the commenters supported the rule as proposed. Several of those commenters, however, suggested ways to improve the rule. One commenter suggested the Board eliminate the maturity requirement for bank notes completely. This commenter suggested that, because there is no statutory requirement for the Board to align the definition of deposit with Regulation D, the Board should define deposit in a way that would allow FCUs to invest in bank notes with any maturities. However, the Federal Reserve Board's Regulation D definition provides sufficient flexibility for FCUs, and maintains safety and soundness in this context. The Board, therefore, will continue to follow NCUA's long-standing policy to use the definition of deposit in Regulation D to determine permissible bank notes that may be purchased by FCUs under the Act. Another commenter requested the Board issue guidance on concentration limits for FCUs investing in bank notes. The Board notes that there are no regulatory concentration limits on bank notes due to the limited exposure to FCUs that the asset class currently represents. A final commenter suggested the Board authorize additional investments for FCUs under part 703. This comment raises an issue that is outside the scope of this rulemaking. However, part 703 was included in the Office of General Counsel's review of one-third of NCUA's regulations in 2015. As a result, the Board is considering whether additional amendments to part 703 are warranted. If the Board determines to promulgate such amendments, it will do so in a separate rulemaking. III. Final Rule For the reasons stated above, the Board is adopting as final the proposed amendment without change. IV. Regulatory Procedures 1. Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis of any significant economic impact a regulation may have on a substantial number of small entities (primarily those under $100 million in assets). 3 This final rule will have a minimal economic impact on small credit unions as bank notes are just one small fraction of a typical investment portfolio. Accordingly, NCUA certifies the rule will not have a significant economic impact on a substantial number of small credit unions. 3 5 U.S.C. 603(a); 12 U.S.C. 1787(c)(1). 2. Paperwork Reduction Act The Paperwork Reduction Act of 1995
(PRA)applies to rulemakings in which an agency by rule creates a new paperwork burden or increases an existing burden. 4 For purposes of the PRA, a paperwork burden may take the form of a reporting or recordkeeping requirement, both referred to as information collections. This final rule creates new investment options for FCUs but will not create any new burdens or increase any existing burdens. Therefore, a PRA analysis is not required. 4 44 U.S.C. 3507(d); 5 CFR part 1320. 3. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order to adhere to fundamental federalism principles. The final rule does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has, therefore, determined that this final rule does not constitute a policy that has federalism implications for purposes of the executive order. 4. Assessment of Federal Regulations and Policies on Families NCUA has determined that this final rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Public Law 105-277, 112 Stat. 2681 (1998). List of Subjects 12 CFR Part 703 Credit unions, Investments. By the National Credit Union Administration Board on March 24, 2016. Gerard Poliquin, Secretary of the Board. For the reasons discussed above, the National Credit Union Administration amends 12 CFR part 703 as follows: PART 703—INVESTMENT AND DEPOSIT ACTIVITIES 1. The authority citation for part 703 continues to read as follows: Authority: 12 U.S.C. 1757(7), 1757(8), and 1757(15). § 703.14 [Amended] 2. Amend § 703.14(f)(5) by removing the word “original”. [FR Doc. 2016-07151 Filed 3-29-16; 8:45 am]
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