Unknown. Statement and order; temporary exceptions
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/register/2016/10/31/2016-26234A 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-2016-10-31.xml --- 81 210 Monday, October 31, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75402-75405 2016-26143 Patient Safety Organizations: Voluntary Relinquishment from Patient Safety Leadership Council, 75401-75402 2016-26144 Agriculture Agriculture Department See Forest Service See National Agricultural Statistics Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 75370 2016-26205 Army Army Department NOTICES Exclusive Patent Licenses: RF Networking Solutions, LLC, East Brunswick, NJ, 75384-75385 2016-26177 Fiscal Bureau of the Fiscal Service NOTICES Fee Schedule for Transfer of U.S. Treasury Book-Entry Securities Held on National Book-Entry System, 75487-75488 2016-26079 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75405-75406 2016-26248 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:
Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals, etc.; Correction, 75328-75330 2016-26182 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75406-75411 2016-26246 2016-26122 2016-26242 Coast Guard Coast Guard RULES Drawbridge Operations: Newtown Creek, Brooklyn and Queens, NY, 75327-75328 2016-26235 Upper Mississippi River, Clinton, IA, 75327 2016-26150 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements:
Louisiana; Temporary Exceptions in Areas Affected by Severe Storms and Flooding, 75315-75316 2016-26234 Defense Department Defense Department See Army Department See Navy Department PROPOSED RULES Withholding of Unclassified Technical Data and Technology from Public Disclosure, 75352-75361 2016-26236 Delaware Delaware River Basin Commission NOTICES Meetings: Delaware River Basin Commission, 75386 2016-26176 Education Department Education Department RULES Teacher Preparation Issues, 75494-75622 2016-24856 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Evaluation of Comprehensive Technical Assistance Centers, 75388 2016-26158 Guidance for All Grant Applications, 75387-75388 2016-26123 National Professional Development Program: Grantee Performance Report, 75387 2016-26222 Meetings: National Assessment Governing Board, 75388-75390 2016-26194 Requests for Information: Interagency Working Group on Language and Communication's Report on Research and Development Activities, 75390-75392 2016-26193 Employee Benefits Employee Benefits Security Administration RULES Excepted Benefits;
Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance, 75316-75327 2016-26162 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Savannah River Site, 75392 2016-26206 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Utah; Revisions to Nonattainment Permitting Regulations, 75361-75365 2016-26233 Mercury and Air Toxics Standards Completion of Electronic Reporting Requirements, 75365-75366 2016-26209 NOTICES Meetings:
Children's Health Protection Advisory Committee, 75400 2016-26217 Federal Aviation Federal Aviation Administration NOTICES Petitions for Exemption; Summaries: Douglas Myers, 75476 2016-26239 Pentastar Aviation Charter, Inc., 75477 2016-26238 Federal Communications Federal Communications Commission RULES Space Station Licensing Rules and Policies, 75338-75344 2016-25935 PROPOSED RULES Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding, 75368-75369 2016-26198 NOTICES Meetings:
Federal Communications Commission; Schedule Change, 75400-75401 2016-26197 Federal Deposit Federal Deposit Insurance Corporation RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements: Louisiana; Temporary Exceptions in Areas Affected by Severe Storms and Flooding, 75315-75316 2016-26234 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Dominion Carolina Gas Transmission, LLC, 75396-75397 2016-26185 Combined Filings, 75394-75396, 75398-75400 2016-26224 2016-26225 2016-26226 2016-26228 2016-26231 Complaints:
Alabama Power Co. v. Southwest Power Pool, 75392-75393 2016-26187 Breitburn Operating, LP v. Florida Gas Transmission Co., LLC, 75396 2016-26190 Indianapolis Power and Light Co. v. Midcontinent Independent System Operator, Inc., 75393-75394 2016-26186 Environmental Assessments; Availability, etc.: Public Service Co. of New Hampshire, 75399 2016-26188 Hydroelectric Applications: Tuscaloosa, AL, 75397 2016-26189 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Applied Energy, LLC, 75397-75398 2016-26230 Moapa Southern Paiute Solar, LLC, 75393 2016-26229 Federal Railroad Federal Railroad Administration NOTICES Meetings: Railroad Safety Advisory Committee, 75477-75478 2016-26147 Positive Train Control Safety Plans: Norfolk Southern Railway Co.; Approval and System Certification, 75478 2016-26146 Federal Reserve Federal Reserve System RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements: Louisiana;
Temporary Exceptions in Areas Affected by Severe Storms and Flooding, 75315-75316 2016-26234 NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 75401 2016-26223 Federal Transit Federal Transit Administration NOTICES Pilot Program for Transit-Oriented Development Planning Project Selections, 75478-75480 2016-26208 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: 5-Year Status Review of Red Wolf, 75425-75426 2016-26168 Meetings:
North American Wetlands Conservation Council; Neotropical Migratory Bird Conservation Advisory Group, 75424-75425 2016-26166 Food and Drug Food and Drug Administration PROPOSED RULES Good Laboratory Practice for Nonclinical Laboratory Studies, 75351-75352 2016-26244 Guidance: Describing Hazard that Needs Control in Documents Accompanying Food, as Required by Four Rules Implementing FDA Food Safety Modernization Act, 75349-75351 2016-26245 NOTICES Guidance: Labeling for Permanent Hysteroscopically Placed Tubal Implants Intended for Sterilization, 75419-75421 2016-26243 Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments;
Availability, 75411-75419 2016-26247 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 75488-75491 2016-26124 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Benteler Automotive Corp., Foreign-Trade Zone 38, Spartanburg, SC, 75373-75374 2016-26219 Forest Forest Service NOTICES Meetings: Allegheny Resource Advisory Committee, 75371 2016-26165 Forest Resource Coordinating Committee, 75370-75371 2016-26195 National Urban and Community Forestry Advisory Council, 75371-75372 2016-26200 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 See National Institutes of Health RULES Excepted Benefits;
Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance, 75316-75327 2016-26162 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Amended Tribal-State Class III Gaming Compact in State of California, 75428 2016-26250 Approval of Amended Tribal-State Class III Gaming Compact in State of South Dakota, 75427 2016-26253 Approval of Amendment to Tribal-State Class III Gaming Compact in State of California, 75427 2016-26251 Approval of Amendment to Tribal-State Class III Gaming Compact in State of Oregon, 75428 2016-26252 Tribal-State Class III Gaming Compact Taking Effect in State of California, 75426-75428 2016-26254 2016-26255 2016-26256 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Report of Requests for Restrictive Trade Practice or Boycott, 75374 2016-26157 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service RULES Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance, 75316-75327 2016-26162 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Frozen Warmwater Shrimp from India, 75376-75377 2016-26214 Freshwater Crawfish Tail Meat from the People's Republic of China, 75377-75378 2016-26148 Polyethylene Retail Carrier Bags from Malaysia, 75378-75379 2016-26220 Requests for Applications: International Buyer Program Calendar Year 2018, 75379-75381 2016-26216 International Buyer Program Select Service for Calendar Year 2018, 75374-75376 2016-26218 Justice Department Justice Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Attorney Student Loan Repayment Program Electronic Forms, 75439 2016-26161 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Derricks Standard, 75441-75442 2016-26121 Safety Standards for Underground Coal Mine Ventilation, etc., 75440-75441 2016-26212 Special Dipping and Coating Operations, 75439-75440 2016-26213 Land Land Management Bureau PROPOSED RULES Public Land Orders:
Moab Field Office, Grand County, UT, 75366-75368 2016-26179 Legal Legal Services Corporation RULES Procedures for Disclosure of Information under the Freedom of Information Act, 75330-75338 2016-25832 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation Supplement: Removal of Engineering Change Proposals Clause, 75344-75345 2016-26174 NOTICES Meetings: NASA Advisory Council Aeronautics Committee, 75448-75449 2016-26145 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 75373 2016-26153 Requests for Nominations: Advisory Committee on Agriculture Statistics, 75372-75373 2016-26154 National Credit National Credit Union Administration RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements: Louisiana; Temporary Exceptions in Areas Affected by Severe Storms and Flooding, 75315-75316 2016-26234 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75449 2016-26169 National Institute National Institutes of Health NOTICES Government-Owned Inventions;
Availability for Licensing, 75421-75423 2016-26129 Meetings: Center for Scientific Review, 75421 2016-26128 National Cancer Institute, 75423 2016-26130 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish by Vessels Using Trawl Gear in Gulf of Alaska, 75345-75346 2016-26221 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Expanded Vessel Monitoring System Requirement in Pacific Coast Groundfish Fishery, 75383 2016-26159 Licensing of Private Remote-Sensing Space Systems, 75383-75384 2016-26156 Natural Resource Damage Assessment Restoration Project Information Sheet, 75384 2016-26160 Papahanaumokuakea Marine National Monument Permit Application and Reports for Permits, 75382-75383 2016-26155 Determinations of Overfishing or Overfished Condition, 75381-75382 2016-26126 National Park National Park Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 75428-75429 2016-26151 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75385-75386 2016-26173 2016-26170 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance: NuScale Power, LLC, Design-Specific Review Standard and Scope and Safety Review Matrix, 75449-75452 2016-26210 Indemnity Agreements: Duke Energy Florida, LLC; Levy Nuclear Plant Units 1 and 2; Modification Intent, 75452-75453 2016-26207 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Applications for Expansion of Recognition:
Curtis-Strauss, LLC, 75446-75448 2016-26202 Intertek Testing Services NA, Inc., 75442-75444 2016-26203 TUV Rheinland of North America, Inc., 75444-75446 2016-26204 Ocean Energy Management Ocean Energy Management Bureau NOTICES Atlantic Wind Lease Sales: Commercial Leasing for Wind Power on Outer Continental Shelf Offshore New York, 75429-75438 2016-26240 Environmental Assessments; Availability, etc.: Commercial Wind Lease Issuance and Site Assessment Activities on Atlantic Outer Continental Shelf Offshore New York, 75438 2016-26237 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 2016-26140 75453-75454 2016-26215 Railroad Retirement Railroad Retirement Board NOTICES 2017 Railroad Experience Rating Proclamations, Monthly Compensation Base, and Other Determinations, 75454-75456 2016-26167 Securities Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 75456 2016-26304 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 75456-75458 2016-26131 Bats BZX Exchange, Inc., 75464-75466 2016-26132 Bats EDGA Exchange, Inc., 75466-75468 2016-26133 Bats EDGX Exchange, Inc., 75458-75460 2016-26134 NASDAQ BX, Inc., 75468-75471 2016-26137 NASDAQ PHLX, LLC, 75473-75476 2016-26139 NASDAQ Stock Market, LLC, 75471-75473 2016-26138 Options Price Reporting Authority, 2016-26135 75460-75464 2016-26136 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration PROPOSED RULES Refunding Baggage Fees for Delayed Checked Bags, 75347-75349 2016-26199 NOTICES Exploring Industry Practices on Distribution and Display of Airline Fare, Schedule, and Availability Information, 75481-75487 2016-26191 Meetings:
Advisory Committee on Accessible Air Transportation, 75480-75481 2016-26192 Treasury Treasury Department See Bureau of the Fiscal Service See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service RULES Qualified Financial Contracts Recordkeeping Related to Orderly Liquidation Authority, 75624-75670 2016-25329 Customs U.S. Customs and Border Protection NOTICES Meetings: Commercial Customs Operations Advisory Committee, 75423-75424 2016-26180 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application Requirements to Receive VA Dental Insurance Plan Benefits, 75491-75492 2016-26149 Separate Parts In This Issue Part II Education Department, 75494-75622 2016-24856 Part III Treasury Department, 75624-75670 2016-25329 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 210 Monday, October 31, 2016 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 34 [Docket No.
OCC-2016-0030] FEDERAL RESERVE SYSTEM 12 CFR Part 225 [Docket No. R-1551] RIN 7100 AE-62 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 323 NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 722 Temporary Exceptions to FIRREA Appraisal Requirements in Areas Affected by Severe Storms and Flooding in Louisiana AGENCY: Office of the Comptroller of the Currency, Treasury (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); and National Credit Union Administration (NCUA), collectively referred to as the Agencies.
ACTION: Statement and order; temporary exceptions. SUMMARY: Section 2 of the Depository Institutions Disaster Relief Act of 1992 (DIDRA) authorizes the Agencies to make exceptions to statutory and regulatory appraisal requirements under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). The exceptions are available for transactions involving real property located within an area declared to be a major disaster area by the President if the Agencies determine, and describe by publication of a regulation or order, that the exceptions would facilitate recovery from the disaster and would be consistent with safety and soundness.
In this statement and order, the Agencies exercise their authority to grant temporary exceptions to the FIRREA appraisal requirements for real estate related transactions, provided certain criteria are met, in the Louisiana parishes declared a major disaster area by President Obama on August 14, 2016, as a result of the severe storms and flooding in Louisiana. The expiration date for the exceptions is December 31, 2017. DATES: This order is effective on October 31, 2016 and expires for specific areas on December 31, 2017.
FOR FURTHER INFORMATION CONTACT: *OCC:* Robert Parson, Senior Appraisal Policy Advisor, Chief National Bank Examiner's Office, at
(202)649-6423; Kevin Lawton, Appraisal Specialist, Chief National Bank Examiner's Office, at
(202)649-7152; Christopher Manthey, Special Counsel, Chief Counsel's Office, at
(202)649-6203; or Mitchell Plave, Special Counsel, Chief Counsel's Office, at
(202)649-6285 or, for persons who are deaf or hard of hearing, TTY
(202)649-5597. *Board:* Carmen D. Holly, Senior Supervisory Financial Analyst, Division of Banking Supervision and Regulation at 202-973-6122; Gillian Burgess, Counsel, Legal Division, at
(202)736-5564. *FDIC:* Beverlea S. Gardner, Senior Examination Specialist, Division of Risk Management and Supervision, at
(202)898-3640; Benjamin K. Gibbs, Counsel, Legal Division, at
(202)898- 6726; or Kimberly Stock, Counsel, Legal Division, at
(202)898-3815, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429. *NCUA:* D. Scott Neat, Director of Supervision, Office of Examination and Insurance, at
(703)518-6363; John Brolin, Staff Attorney, Office of General Counsel, at
(703)518-6438, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314. SUPPLEMENTARY INFORMATION: Statement Section 2 of DIDRA, which added section 1123 to Title XI of FIRREA, 1 authorizes the Agencies to make exceptions to statutory and regulatory appraisal requirements for certain transactions. These exceptions are available for transactions involving real property located in areas in which the President has determined a major disaster exists, pursuant to 42 U.S.C. 5170, provided that the exception would facilitate recovery from the major disaster and is consistent with safety and soundness. 1 12 U.S.C. 3352 On August 14, 2016, the President declared that 22 parishes in Louisiana were in a major disaster area (Major Disaster Area) due to extensive damage that occurred as a result of severe storms and subsequent flooding. 2 The Agencies believe that granting relief from the appraisal requirements set forth in Title XI of FIRREA for real estate transactions in the Major Disaster Area is consistent with the provisions of DIDRA. 2 Press Release, The White House (Aug. 14, 2016), *available at https://www.whitehouse.gov/the-press-office/2016/08/14/president-obama-signs-louisiana-disaster-declaration.* Facilitation of Recovery From the Storms and Flooding Declared as Major Disaster The Agencies have determined that the disruption of real estate markets in the Major Disaster Area interferes with the ability of depository institutions to obtain appraisals that comply with all statutory and regulatory requirements. Further, the Agencies have determined that the disruption may impede institutions in making loans and engaging in other transactions that would aid in the reconstruction and rehabilitation of the affected area. Accordingly, the Agencies have determined that recovery from this major disaster would be facilitated by exempting certain transactions involving real estate located in the area directly affected by the severe storms and flooding from the real estate appraisal requirements of Title XI of FIRREA and its implementing regulations. 3 3 12 U.S.C. 3331-3355; 12 CFR 34.41-34.47 (OCC); 12 CFR part 225, subpart G (Board); 12 CFR part 323, subpart A (FDIC); 12 CFR part 722 (NCUA). Consistency With Safety and Soundness The Agencies also have determined that the exceptions are consistent with safety and soundness, provided that the depository institution determines and maintains appropriate documentation of the following:
(1)The transaction involves real property located in the Major Disaster Area;
(2)there is a binding commitment to fund the transaction that was entered into on or after August 14, 2016, but no later than December 31, 2017; and
(3)the value of the real property supports the institution's decision to enter into the transaction. In addition, the transaction must continue to be subject to review by management and by the Agencies in the course of examinations of the institution. Expiration Date Exceptions made under section 1123 of FIRREA may be provided for no more than three years after the President determines that a major disaster exists in the area. 4 The Agencies have determined that the exceptions provided for by this order shall expire on December 31, 2017. 4 12 U.S.C. 3352(b). Order In accordance with section 2 of DIDRA, relief is hereby granted from the provisions of Title XI of FIRREA and the Agencies' appraisal regulations for any real estate-related financial transaction that requires the services of an appraiser under those provisions, provided that the institution determines, and maintains documentation made available to the Agencies upon request, of the following:
(1)The transaction involves real property located in one of the 22 parishes declared a major disaster area as a result of severe storms and flooding in Louisiana by the President on August 14, 2016 (identified in the Appendix);
(2)There is a binding commitment to fund a transaction that was entered into on or after August 14, 2016, but no later than December 31, 2017; and
(3)The value of the real property supports the institution's decision to enter into the transaction. Appendix (Major Disaster Area) *Designated Parishes:* Acadia, Ascension, Avoyelles, East Baton Rouge, East Feliciana, Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette, Livingston, Pointe Coupee, St. Helena, St. James, St. Landry, St. Martin, St. Tammany, Tangipahoa, Vermilion, Washington, West Baton Rouge and West Feliciana. Dated: October 19, 2016. Thomas J. Curry, Comptroller of the Currency. By order of the Board of Governors of the Federal Reserve System, October 21, 2016. Margaret McCloskey Shanks, Deputy Secretary of the Board. Dated at Washington, DC, October 19, 2016. By order of the Board of Directors. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. Dated at Alexandria, VA, October 27, 2016. By order of the Board of Directors. National Credit Union Administration. Gerard Poliquin, Secretary of the Board. [FR Doc. 2016-26234 Filed 10-28-16; 8:45 am]
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6 references not yet in our index
- 12 CFR 34
- 12 CFR 225
- 12 CFR 323
- 12 CFR 722
- 12 USC 3331-3355
- 12 CFR 34.41-34
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Statement and order; temporary exceptions
Cite12 CFR 34
Cite12 CFR 225
Cite12 CFR 323
Cite12 CFR 722
Cite12 USC 3331-3355
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