Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-11-03.xml --- 81 213 Thursday, November 3, 2016 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76553 2016-26533 Antitrust Division Antitrust Division NOTICES Membership Changes under the National Cooperative Research and Production Act: Cooperative Research Group on Automotive Consortium for Embedded Security, 76627-76628 2016-26550 Heterogeneous System Architecture Foundation, 76629 2016-26547 Integrated Photonics Institute for Manufacturing Innovation;

American Institute for Manufacturing Integrated Photonics, 76629-76630 2016-26549 National Shipbuilding Research Program, 76628 2016-26548 Node.js Foundation, 76629 2016-26558 ODPi, Inc., 76627 2016-26538 Open Platform for NFV Project, Inc., 76628 2016-26536 PXI Systems Alliance, Inc., 76628 2016-26537 R Consortium, Inc., 76629 2016-26610 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State and Local Government Finance Collections, 76553-76554 2016-26606 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76590-76594 2016-26500 2016-26501 Guidance: Criteria for Recommended Standard: Occupational Exposure to Diacetyl and 2,3-pentanedione, 76591 2016-26507 Meetings: Advisory Board on Radiation and Worker Health, 76594-76595 2016-26571 Advisory Committee on Breast Cancer in Young Women, 76592 2016-26569 Healthcare Infection Control Practices Advisory Committee, 76589-76590 2016-26570 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs:

CY 2017 Home Health Prospective Payment System Rate Update; Home Health Value-Based Purchasing Model; and Home Health Quality Reporting Requirements, 76702-76797 2016-26290 Children Children and Families Administration NOTICES Single-Source Grants: Washington State Department of Social and Health Services, Lacey, WA, 76595 2016-26563 Wisconsin Department for Children and Families in Madison, WI, 76595-76596 2016-26560 Coast Guard Coast Guard RULES Drawbridge Operations: Harlem River, New York City, NY, 76512-76513 2016-26531 Pass Manchac, Manchac, LA, 76513 2016-26597 Safety Zones:

Arkansas River, Little Rock, AR, 76513-76515 2016-26529 PROPOSED RULES Safety and Security Zones: New York Marine Inspection and Captain of the Port Zone, 76545-76546 2016-26599 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act; Systems of Records, 76554-76560 2016-26516 2016-26517 Commission Fine Commission of Fine Arts NOTICES Meeting, 76568 2016-26306 Defense Department Defense Department NOTICES Meetings:

Judicial Proceedings Since Fiscal Year 2012 Amendments Panel, 76568-76569 2016-26607 Education Department Education Department NOTICES NCER-NPSAS Grants: Connecting Students 2017: Testing Effectiveness of FAFSA Interventions on College Outcomes; Correction, 76569 2016-26568 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

California Air Plan Revisions, South Coast Air Quality Management District, 76547-76550 2016-26613 National Emission Standards: Hazardous Air Pollutant Emissions; Petroleum Refinery Sector, 76550-76551 2016-26595 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76584-76585 2016-26619 Meetings: National and Governmental Advisory Committees to U.S. Representative to Commission for Environmental Cooperation, 76584 2016-26611 Privacy Act; Systems of Records, 76580-76582 2016-26487 Proposed Consent Decrees, Clean Air Act Citizen Suit, 76582-76583 2016-26617 Registration Reviews:

Conventional, Biopesticide, and Antimicrobial Pesticides, 76578-76580 2016-26620 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 76585-76586 2016-26700 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: General Electric Co. Turbofan Engines, 76540-76542 2016-26011 Meggitt (Troy), Inc. Combustion Heaters, 76532-76540 2016-26428 Federal Communications Federal Communications Commission RULES Emergency Alert Systems: Independent Spanish Broadcasters Association, Office of Communication of United Church of Christ, Inc., and Minority Media and Telecommunications Council;

Petition for Immediate Relief, 76515-76516 2016-26555 PROPOSED RULES Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding, 76551-76552 2016-26553 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76588-76589 2016-26554 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: Florida; Amendment No. 1, 76623 2016-26582 Florida; Amendment No. 2, 76622-76623 2016-26581 Florida; Amendment No. 3, 76624 2016-26580 Florida;

Amendment No. 4, 76625 2016-26578 Florida; Amendment No. 5, 76624-76625 2016-26576 Florida; Amendment No. 6, 76623-76624 2016-26575 Georgia; Amendment No. 1, 76625 2016-26574 Georgia; Amendment No. 2, 76624 2016-26573 Georgia; Amendment No. 3, 76623 2016-26579 Georgia; Amendment No. 4, 76625-76626 2016-26577 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Retrospective Analysis of Existing Rules, 76542 2016-26539 NOTICES Applications: Messalonskee Stream Hydro, LLC, 76572-76573 2016-26546 Combined Filings, 76571-76572, 76574-76575 2016-26541 2016-26542 Complaints:

American Municipal Power, Inc., et al. v. Appalachian Power Co., et al., 76574 2016-26545 Environmental Assessments; Availability, etc.: Spire STL Pipeline Co., LLC; Spire STL Pipeline Project, 76576-76578 2016-26592 License Applications: FFP Project 124, LLC, 76570-76571 2016-26591 Meetings: John A. Dodson, 76571 2016-26590 Petitions for Declaratory Orders: Lee County, FL, 76571 2016-26544 Requests under Blanket Authorizations: Gulf South Pipeline Co., LP, 76569-76570 2016-26603 Staff Attendances, 76573 2016-26588 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Informed Consent; Institutional Review Boards, 76596-76598 2016-26528 Guidance: Emergency Use of In Vitro Diagnostic Devices for Detection of Zika Virus, 76598-76618 2016-26532 Planning for Effects of High Absenteeism to Ensure Availability of Medically Necessary Drug Products, 76618-76620 2016-26527 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Public Libraries Survey FY 2016 to FY 2018, 76631-76632 2016-26567 State Library Administrative Agencies Survey FY 2016 and FY 2018, 76630-76631 2016-26566 Interior Interior Department See Land Management Bureau Internal Revenue Internal Revenue Service RULES Credit for Increasing Research Activities; Correction, 76496-76497 2016-26522 United States Property Held by Controlled Foreign Corporations in Transactions Involving Partnerships; Rents and Royalties Derived in Active Conduct of Trade or Business, 76497-76512 2016-26425 PROPOSED RULES Treatment of Related Person Factoring Income:

Certain Investments in United States Property; and Stock Redemptions through Related Corporations, 76544-76545 2016-26423 United States Property Held by Controlled Foreign Corporations Through Partnerships with Special Allocations, 76542-76544 2016-26424 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from People's Republic of China, 76561-76563 2016-26600 New Pneumatic Off-The-Road Tires from People's Republic of China, 76560-76561 2016-26587 Meetings:

Department of Commerce Trade Finance Advisory Council, 76561 2016-26572 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof, 76626-76627 2016-26602 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decrees under Comprehensive Environmental Response, Compensation, and Liability Act, 76630 2016-26503 Land Land Management Bureau NOTICES Meetings:

Dominguez-Escalante National Conservation Area Advisory Council, 76626 2016-26505 National Credit National Credit Union Administration RULES Office Name Change, 76495-76496 2016-26495 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Meetings: National Toxicology Program Board of Scientific Counselors, 76621-76622 2016-26609 Reports on Carcinogens, 76621 2016-26604 Requests for Information:

Zebrafish Embryo Chemical Screening, 76620-76621 2016-26605 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in Bering Sea and Aleutian Islands Management Area, 76530-76531 2016-26504 Fisheries of the Northeastern United States: Atlantic Sea Scallop Fishery; Amendment 19, 76516-76530 2016-25963 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 76565-76568 2016-26530 Environmental Assessments;

Availability, etc.: Proposed Relocation of Atmospheric Turbulence and Diffusion Division of Air Resources Laboratory, Oak Ridge, TN, 76563-76564 2016-26497 Meetings: Fisheries of South Atlantic; South Atlantic Fishery Management Council, 76563 2016-26519 Mid-Atlantic Fishery Management Council, 76564-76565 2016-26518 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 76632 2016-26556 Meetings; Sunshine Act, 76632-76633 2016-26744 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance:

Electronic Submissions, 76634-76635 2016-26562 Restart of Nuclear Power Plant Shut Down by Seismic Event, 76633-76634 2016-26524 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Pipeline Safety: Research and Development Forum, 76686-76687 2016-26564 Special Permit Applications, 76687-76688 2016-26565 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Critical Infrastructure Security and Resilience Month (Proc. 9533), 76831-76834 2016-26800 National Alzheimer's Disease Awareness Month (Proc. 9534), 76835-76836 2016-26801 National Entrepreneurship Month (Proc. 9535), 76837-76838 2016-26802 National Family Caregivers Month (Proc. 9536), 76839-76840 2016-26804 National Native American Heritage Month (Proc. 9537), 76841-76842 2016-26805 EXECUTIVE ORDERS Government Agencies and Employees:

Office of Personnel Management; Delegation of Function (EO 13745), 76493 2016-26753 Science Technology Science and Technology Policy Office NOTICES Mid-Atlantic Regional Ocean Action Plan for National Ocean Council Certification, 76635-76637 2016-26623 Securities Securities and Exchange Commission NOTICES Applications for Deregistration, 76670-76671 2016-26508 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 76650-76670 2016-26513 Bats EDGX Exchange, Inc., 76645-76650 2016-26512 C2 Options Exchange, Inc., 76671-76683 2016-26510 Financial Industry Regulatory Authority, Inc., 76683-76685 2016-26509 Miami International Securities Exchange, LLC, 76639-76645 2016-26514 NASDAQ PHLX, LLC, 76637-76639 2016-26511 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Exchange Programs Alumni Website Registration, 76685-76686 2016-26594 Designations as Global Terrorists: Abu Ali Tabatabai, aka Abu Ali Tabtabai, aka Abu 'Ali Al-Tabataba'i, aka Haytham 'Ali Tabataba'i, 76685 2016-26596 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration RULES Enhancing Airline Passenger Protections III, 76800-76829 2016-26178 NOTICES Funding Opportunities:

Nationally Significant Freight and Highway Projects, FASTLANE Grants, for Fiscal Year 2017, 76688-76698 2016-26496 Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76698-76699 2016-26523 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Veterans Employment Pay for Success Grant Program Application, 76699 2016-26494 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 76702-76797 2016-26290 Part III Transportation Department, 76800-76829 2016-26178 Part IV Presidential Documents, 76831-76842 2016-26800 2016-26801 2016-26802 2016-26804 2016-26805 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. 81 213 Thursday, November 3, 2016 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Parts 708a, 708b, and 790 RIN 3133-AE65 Office Name Change AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule.

SUMMARY: The NCUA Board (“Board”) is issuing a final rule to rename its Office of Consumer Protection to provide additional clarity about the function and role of the office. The new name will be the Office of Consumer Financial Protection and Access. DATES: This rule is effective November 3, 2016. FOR FURTHER INFORMATION CONTACT: Gail W. Laster, Director, Office of Consumer Financial Protection and Access or Elizabeth Wirick, Senior Staff Attorney, Office of General Counsel, 1775 Duke Street, Alexandria, VA 22314 or telephone

(703)518-6540. SUPPLEMENTARY INFORMATION: I. Background In 2009, the Board established the Office of Consumer Protection

(OCP)to ensure that NCUA applies all relevant consumer protections, promotes helpful tools for consumers such as financial education and encourages credit unions to serve all eligible consumers. In creating OCP, the Board recognized the need for greater focus on both providing consumer financial protection and increasing access to credit union services. The new name for the office will better encapsulate its scope and duties. Adding the word “financial” to the title of the office clarifies that its focus is on consumer financial protection, rather than other types of consumer protection issues. Adding the word “access” to the title of the office emphasizes the office's role in increasing member access to responsible financial services and products, addressing the financial needs of the unbanked and under-banked, and improving the financial conditions of distressed communities. The office's role of handling new charter applications, field of membership expansions and low income designation requests is unique among federal financial regulators and also enhances NCUA's consumer financial protection efforts. Providing additional clarity about the office's mission, namely consumer financial protection and access to financial services, will benefit consumers, their communities and credit unions. II. Regulatory Procedures 1. Final Rule Under the Administrative Procedure Act

(APA)Generally, the APA requires a federal agency to provide the public with notice and an opportunity to comment on agency rulemakings. 1 This rule is exempt from the APA's notice and comment requirement because it addresses NCUA's organization and structure. 2 1 5 U.S.C. 553(b). 2 *Id.* (b)(A). 2. Effective Date The APA also generally requires publication in the **Federal Register** at least 30 days before the effective date of a rule. Agencies can dispense with the 30-day requirement for good cause. 3 NCUA finds good cause to dispense with the 30-day effective date requirement, as this rule is technical rather than substantive. The rule will, therefore, be effective immediately upon publication. 3 *Id.* 553(d)(3). 3. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 4 (SBREFA) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by Section 551 of the APA. 5 As required by SBREFA, NCUA has submitted this rule to the Office of Management and Budget for it to determine if the final rule is a “major rule” for purposes of SBREFA. NCUA does not believe the rule is major. 4 Public Law 104-121. 5 5 U.S.C. 551. 4. 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). 6 This final rule will have no economic impact on small credit unions as it addresses only the name of one NCUA office. Accordingly, NCUA certifies the rule will not have a significant economic impact on a substantial number of small credit unions. 6 5 U.S.C. 603(a). 5. Paperwork Reduction Act The Paperwork Reduction Act of 1995

(PRA)applies to rulemakings in which an agency by rule creates a new paperwork burden on regulated entities or increases an existing burden. 7 For purposes of the PRA, a paperwork burden may take the form of a reporting or recordkeeping requirement, both referred to as information collections. As the final rule is simply a name change for one of NCUA's offices, NCUA has determined it does not increase paperwork requirements under the PRA. 7 44 U.S.C. 3507(d); 5 CFR part 1320. 6. 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. 7. Assessment of Federal Regulations and Policies on Families NCUA has determined that this 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 708a Credit unions, Charter conversions. 12 CFR Part 708b Credit unions, Mergers of credit unions. 12 CFR Part 790 Organization and functions (Government agencies). By the National Credit Union Administration Board, on October 27, 2016. Gerard Poliquin, Secretary of the Board. For the reasons discussed above, the National Credit Union Administration amends 12 CFR parts 708a, 708b, and 790 as follows: PART 708a—BANK CONVERSIONS AND MERGERS 1. The authority citation for part 708a continues to read as follows: Authority: 12 U.S.C. 1766, 1785(b), and 1785(c). 2. Revise the first sentence of the definition of “Regional Director” in § 708a.101 to read as follows: § 708a.101 Definitions. *Regional Director* means either the director for the NCUA Regional Office for the region where a natural person credit union's main office is located or the director of the NCUA's Office of Consumer Financial Protection and Access. * * * PART 708b—MERGERS OF FEDERALLY-INSURED CREDIT UNIONS; VOLUNTARY TERMINATION OR CONVERSION OF INSURED STATUS 3. The authority citation for part 708b continues to read as follows: Authority: 12 U.S.C. 1752(7), 1766, 1785, 1786, and 1789. 4. Revise the first sentence of the definition of “Regional Director” in § 708b.2 to read as follows: § 708b.2 Definitions. *Regional Director* means either the director for the NCUA Regional Office for the region where a natural person credit union's main office is located or the director of the NCUA's Office of Consumer Financial Protection and Access. * * * PART 790—DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION 5. The authority citation for part 790 continues to read as follows: Authority: 12 U.S.C. 1766, 1789, 1795f. 6. Revise paragraphs (b)(15)(i) introductory text and (b)(15)(ii) of § 790.2 to read as follows: § 790.2 Central and field office organization.

(b)* * *

(15)*Office of Consumer Financial Protection and Access.*

(i)The Office of Consumer Financial Protection and Access contains four divisions:

(ii)The Office provides consumer services, including consumer education and complaint resolution; establishes, consolidates, and coordinates consumer financial protections within the agency; acts as the central liaison on consumer financial protection with other federal agencies; and nationalizes field of membership processing and chartering activities. [FR Doc. 2016-26495 Filed 11-2-16; 8:45 am]

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