Unknown. Final rule

3,235 words·~15 min read·/register/2017/12/22/2017-27491

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2017-12-22.xml --- 82 245 Friday, December 22, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60741-60744 2017-27605 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Change in Producer Eligibility Requirements and Implementation of Charges for Past Due Assessments, 60687-60690 2017-27526 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60744-60745 2017-27599 2017-27606 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60746 2017-27600 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of Coaching Practices in Early Care and Education Settings, 60746-60747 2017-27578 Civil Rights Civil Rights Commission NOTICES Meetings: California Advisory Committee, 60701 2017-27633 Kansas Advisory Committee, 60701-60702 2017-27540 Ohio Advisory Committee, 60700-60701 2017-27558 Texas Advisory Committee, 60702 2017-27632 Coast Guard Coast Guard RULES Drawbridge Operations:

Merrimack River, Newburyport, MA, 60674-60675 2017-27642 Safety Zones: Captain of the Port Boston Fireworks Display Zone, Boston Harbor, Boston, MA, 60675 2017-27582 PROPOSED RULES 2016 National Preparedness for Response Exercise Program Guidelines, 60693-60695 2017-27602 NOTICES Meetings: Lower Mississippi River Waterway Safety Advisory Committee, 60755-60756 2017-27603 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 60715-60716 2017-27618 Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60795-60796 2017-27565 Defense Department Defense Department See Engineers Corps NOTICES Environmental Assessments; Availability, etc.: Guantanamo Bay to Punta Salinas, Toa Baja, Puerto Rico Submarine Fiber Optic Cable System, 60716-60717 2017-27584 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Blue Ribbon Schools Program, 60719 2017-27641 Personal Authentication Service for FSA ID, 60719-60720 2017-27591 Employment and Training Employment and Training Administration NOTICES Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2018, 60767-60768 2017-27530 Energy Department Energy Department See Energy Information Administration Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60720-60722 2017-27596 2017-27597 Engineers Engineers Corps NOTICES Meetings: Chief of Engineers Environmental Advisory Board, 60718 2017-27585 Environmental Protection Environmental Protection Agency RULES Approval of Tennessee's Request to Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Shelby County, 60675-60679 2017-27630 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 60723 2017-27636 Requests for Nominations:

National and Governmental Advisory Committees to the U.S. Representative to the Commission for Environmental Cooperation, 60722-60723 2017-27627 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Zodiac Seats France, Cabin Attendant Seats, 60690-60692 2017-27570 Federal Communications Federal Communications Commission RULES Closed Captioning of Video Programming: Telecommunications for the Deaf and Hard of Hearing, Inc., Petition for Rulemaking, 60679-60680 2017-27556 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60723-60724 2017-27555 Federal Deposit Federal Deposit Insurance Corporation NOTICES Designated Reserve Ratio for 2018, 60724 2017-27539 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60724-60741 2017-27629 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 60741 2017-27640 Federal Reserve Federal Reserve System RULES Home Mortgage Disclosure, 60673-60674 2017-27491 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Proposed Low-Effect Habitat Conservation Plan for the Sand Skink, Orange County, FL, 60758-60759 2017-27601 Food and Drug Food and Drug Administration NOTICES Guidance: Amendment to Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob Disease by Blood and Blood Products, 60747-60749 2017-27569 Chemistry, Manufacturing, and Controls Changes to an Approved Application—Certain Biological Products, 60750-60752 2017-27589 Requests for Nominations:

Clinical Trials Transformation Initiative/Food and Drug Administration Patient Engagement Collaborative, 60749-60750 2017-27538 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Common or Usual Name for Raw Meat and Poultry Products Containing Added Solutions, 60696-60697 2017-27637 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 60698-60700 2017-27638 Meetings:

Codex Alimentarius Commission: Codex Committee on Contaminants in Food, 60697-60698 2017-27631 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Expansions; Applications: Motiva Enterprises LLC; Foreign-Trade Zone 116, Port Arthur, TX, 60703 2017-27611 Westlake Chemical Corp.; Foreign-Trade Zone 154, Baton Rouge, LA, 60702-60703 2017-27612 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60752-60753 2017-27559 Committee Establishment: Health Information Technology Advisory Committee; Meeting Dates, 60753-60754 2017-27412 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department PROPOSED RULES Withdrawal of Proposed Rules to Reduce Regulatory and Financial Burden, 60693 2017-27615 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2018 Rental Housing Finance Survey, 60757-60758 2017-27626 Annual Adjustment Factors Rent Increase Requirement, 60758 2017-27623 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Corrosion-Resistant Steel Products from India, 60703-60704 2017-27613 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same, 60762-60763 2017-27568 Certain L-Tryptophan, L-Tryptophan Products, and their Methods of Production, 60763-60764 2017-27567 Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same, 60761-60762 2017-27639 Judicial Conference Judicial Conference of the United States NOTICES Public Hearings:

Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure; Cancellation, 60764 2017-27614 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60764-60767 2017-27571 2017-27572 2017-27573 2017-27574 2017-27575 Labor Department Labor Department See Employment and Training Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Reduction of the Threat of Wildfire and Support of Rangeland Productivity in Great Basin Region, 60759-60761 2017-27595 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel CHASIN TAIL 2, 60788-60789 2017-27576 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms, and Record Keeping Requirements, 60789-60795 2017-27635 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 60754-60755 2017-27617 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 60680-60682 2017-27648 Fisheries of the Northeastern United States: Summer Flounder, Scup, Black Sea Bass Fisheries; 2018 and Projected 2019 Scup Specifications and Announcement of Final 2018 Summer Flounder and Black Sea Bass Specifications, 60682-60686 2017-27581 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60704, 60713 2017-27553 2017-27554 Fisheries of the Exclusive Economic Zone Off Alaska: North Pacific Observer Program Standard Ex-Vessel Prices, 60704-60713 2017-27552 Meetings: North Pacific Fishery Management Council, 60713 2017-27593 National Science National Science Foundation NOTICES Meetings: Advisory Committee for International Science and Engineering, 60770 2017-27588 Alan T. Waterman Award Committee, 60769 2017-27586 Proposal Review Panel for Ocean Sciences, 60769-60770 2017-27587 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

Developing the Digital Marketplace for Copyrighted Works, 60714-60715 2017-27651 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Operating Reactor Licensees, 60773-60774 2017-27583 Requests for Exemptions Regarding Emergency Planning Requirements: Omaha Public Power District; Fort Calhoun Station, Unit No. 1, 60770-60773 2017-27590 Patent Patent and Trademark Office NOTICES Meetings: Developing the Digital Marketplace for Copyrighted Works, 60714-60715 2017-27651 Pension Benefit Pension Benefit Guaranty Corporation RULES Missing Participants, 60800-60833 2017-27515 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 60774-60775 2017-27551 Postal Service Postal Service NOTICES Privacy Act;

Systems of Records, 60776-60777 2017-27557 Product Changes: First-Class Package Service Negotiated Service Agreement, 60775 2017-27541 Priority Mail and First-Class Package Service Negotiated Service Agreement, 60775-60777 2017-27542 2017-27543 Priority Mail Express Negotiated Service Agreement, 60777 2017-27544 Priority Mail Negotiated Service Agreement, 60775-60778 2017-27545 2017-27546 2017-27547 2017-27548 2017-27549 2017-27550 Securities Securities and Exchange Commission NOTICES Intention to Cancel Registrations of Certain Transfer Agents, 60778 2017-27566 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe Exchange, Inc., 60778-60781 2017-27564 LCH SA, 60781-60782 2017-27563 New York Stock Exchange LLC, 60782-60784 2017-27561 NYSE Arca, Inc., 60784-60787 2017-27562 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Diamond Mountains—Travel and Nostalgia in Korean Art Exhibition, 60787 2017-27620 Heavenly Bodies—Fashion and the Catholic Imagination Exhibition, 60787-60788 2017-27619 Surface Transportation Surface Transportation Board NOTICES Quarterly Rail Cost Adjustment Factor, 60788 2017-27634 Temporary Trackage Rights Exemptions:

Indiana Rail Road Co.; CSX Transportation, Inc, 60788 2017-27604 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration PROPOSED RULES Availability of Final Report on Regulatory Review under Executive Order 13783, 60693 2017-27654 Treasury Treasury Department See Community Development Financial Institutions Fund U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Petition for a CNMI-Only Nonimmigrant Transitional Worker, 60756-60757 2017-27579 Veteran Affairs Veterans Affairs Department NOTICES Meetings: New Hampshire Vision 2025 Task Force, 60796 2017-27594 Prevention of Fraud, Waste, and Abuse Advisory Committee, 60797 2017-27592 Rehabilitation Research and Development Service Scientific Merit Review Board, 60796-60797 2017-27577 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health:

Subcommittee on the Site Exposure Matrices, 60768-60769 2017-27394 Separate Parts In This Issue Part II Pension Benefit Guaranty Corporation, 60800-60833 2017-27515 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. 82 245 Friday, December 22, 2017 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 203 [Regulation C;

Docket No. R-1590] RIN 7100 AE-92 Home Mortgage Disclosure AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. SUMMARY: The Board of Governors of the Federal Reserve System (Board) is repealing its Regulation C, which was issued to implement the Home Mortgage Disclosure Act (HMDA). Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) transferred rulemaking authority for a number of consumer financial protection laws, including HMDA, from the Board to the Bureau of Consumer Financial Protection (Bureau).

HMDA requires covered financial institutions to collect and report loan data in connection with residential mortgage applications and loans. Although the Board retains authority to issue some consumer financial protection rules, all rulemaking authority under HMDA concerning mortgage loan transactions was transferred to the Bureau. In December 2011, the Bureau published an interim final rule establishing its own Regulation C to implement HMDA, which superseded the Board's Regulation C.

In October 2015, the Bureau revised its own Regulation C to expand and revise the data collection and reporting regime required under HMDA, as amended by the Dodd-Frank Act. In April 2016, the Bureau published a final rule adopting the December 2011 interim final rule, as revised by the October 2015 final rule. Accordingly, the Board is repealing its Regulation C and the Official Staff Commentary that accompanies the regulation. DATES: The final rule is effective January 22, 2018.

FOR FURTHER INFORMATION CONTACT: Nikita M. Pastor, Senior Counsel, Division of Consumer and Community Affairs, at

(202)452-3667, Board of Governors of the Federal Reserve System, 20th and C Streets NW, Washington, DC 20551. For users of Telecommunications Device for the Deaf

(TDD)only, contact

(202)263-4869. SUPPLEMENTARY INFORMATION: I. Background The Home Mortgage Disclosure Act (HMDA), 12 U.S.C. 2801 *et seq.,* historically was implemented by the Board's Regulation C, published at 12 CFR part 203. The purpose of the act and regulation is to provide the public with sufficient information about mortgage loans to determine whether financial institutions are serving the housing credit needs of their communities; encourage private investments to areas in need; and collect and report applicant and borrower characteristic data to identify potential lending discrimination. Accordingly, HMDA requires covered financial institutions to report loan data in connection with mortgage loan applications. Title X of the Dodd-Frank Act transferred rulemaking authority for a number of consumer financial protection laws from the Board to the Bureau, effective July 21, 2011, with some exceptions. In connection with the transfer of the Board's rulemaking authority for HMDA, the Bureau published an interim final rule to establish its own Regulation C, 12 CFR part 1003, to implement HMDA (Bureau Interim Final Rule). 1 In October 2015, the Bureau finalized its own Regulation C, including rules that expand and revise the data collection and reporting regime required under HMDA, as amended by the Dodd-Frank Act. 2 In April 2016, the Bureau published a final rule adopting the December 2011 interim final rule, as revised by the October 2015 final rule. Accordingly, the Board is repealing its Regulation C and the Official Staff Commentary that accompanies the regulation. 3 1 12 CFR part 1003. *See* 76 FR 78465 (Dec. 19, 2011). 2 *See Home Mortgage Disclosure (Regulation C),* 80 FR 66128 (Oct. 28, 2015), as amended by 82 FR 43088 (Sept. 13, 2017). 3 *See* 81 FR 25323 (April 28, 2016). Under Section 1029(a) of the Dodd-Frank Act, the Board generally retains authority to issue rules for certain motor vehicle dealers that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. For purposes of Section 1029, a “motor vehicle” is defined to include, among other things, motor homes, recreational vehicle trailers

(RVs)and recreational boats. 4 The Dodd-Frank Act also provided several exceptions to the Board's rulemaking authority over motor vehicle dealers. Specifically, Section 1029(b)(1) of the Dodd-Frank Act provides that the Board's rulemaking authority does not apply to any motor vehicle dealer to the extent that the motor vehicle dealer “provides consumers with any services related to residential or commercial mortgages or self-financing transactions involving real property.” 5 Thus, all rulemaking authority under HMDA concerning mortgage loan transactions was transferred to the Bureau. Accordingly, on February 22, 2016 (81 FR 8667), the Board published a proposal to repeal its Regulation C (Proposed Rule). 4 Dodd-Frank Act, Public Law 111-2033, Section 1029(f)(1). 5 Dodd-Frank Act, Public Law 111-2033, Section 1029(b)(1). II. Discussion Two commenters responded to the proposed repeal of the Board's Regulation C. These commenters supported the Board's proposal to repeal its Regulation C in order to avoid confusion and simplify compliance. The Board is finalizing the repeal of Regulation C, as proposed. As discussed in the proposal, entities that are subject to HMDA must collect and report loan data to the appropriate federal agency on its housing-related loan activities ( *i.e.,* mortgage loan applications). HMDA's requirements concerning mortgage loans were implemented in Regulation C to apply to home purchase loans secured by a dwelling (or refinancings) and home improvement loans. 6 The Dodd-Frank Act transferred the Board's rulemaking authority under HMDA and other enumerated consumer protection laws to the Bureau, but Section 1029 of the Dodd-Frank Act also preserved the Board's rulemaking authority over certain motor vehicle dealers, with some exceptions. The rulemaking authority retained by the Board under Section 1029, however, does not extend to residential or commercial mortgages or self-financing transactions involving real property. 7 Thus, all rulemaking authority under HMDA, which pertains only to mortgage loan transactions, was transferred to the Bureau. The repeal of the Board's Regulation C, 12 CFR part 203, also repeals the Official Staff Commentary that accompanies the regulations. 6 Regulation C covers loans secured by a “dwelling,” which is defined as any residential structure, whether or not it is attached to real property, which would include mobile homes or manufactured homes. 12 CFR 1003.2. Under the Bureau's 2015 final rule, however, recreational vehicles used as a residence are not covered as dwellings for purposes of HMDA. *See* 80 FR 66128, 66145 (Oct. 28, 2015). 7 Section 1029(b)(1) of the Dodd-Frank Act states: Subsection

(a)shall not apply to any person, to the extent such person

(1)provides consumers with any services related to residential or commercial mortgages or self-financing transaction involving real property. . . .” 12 U.S.C. 5519(b). III. Final Regulatory Flexibility Analysis The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* )

(RFA)generally requires an agency to perform an assessment of the impact a rule is expected to have on small entities. Based on its analysis, and for the reasons stated below, the Board believes that this final rule will not have a significant economic impact on a substantial number of small entities. 1. *Statement of the need for, and objectives of, the proposed rule.* As noted above, title X of the Dodd-Frank Act transferred rulemaking authority for HMDA and other enumerated consumer financial protection laws from the Board to the Bureau, effective July 21, 2011. Although the Board retains authority to issue some consumer financial protection rules, all rulemaking authority under HMDA concerning mortgage loan transactions was transferred to the Bureau. In December 2011, the Bureau issued an Interim Final Rule to implement HMDA pursuant to the transfer of rulemaking authority, as amended further by final rules issued by the Bureau in October 2015, pursuant to the Dodd-Frank Act. Accordingly, the Board is repealing the Board's Regulation C, 12 CFR part 203, and the Official Staff Commentary that accompanies the regulation, which has been superseded by the final rules issued by the Bureau. 2. *Summary of issues raised by comments in response to the initial regulatory flexibility analysis.* The Board did not receive any comments on the initial regulatory flexibility analysis. 3. *Small entities affected by the final rule.* Any entity that is currently covered by HMDA is subject to the rules issued by the Bureau, located in 12 CFR part 1003. Therefore the Board believes the repeal of its Regulation C will not affect any entity, including any small entity. 4. *Recordkeeping, reporting, and compliance requirements.* The final rule repeals the Board's Regulation C, 12 CFR part 203, and therefore does not impose any recordkeeping, reporting, or compliance requirements on any entities. 5. *Significant alternatives to the final revisions.* Because the repeal of Regulation C will have no impact, there are no alternatives that would further minimize the economic impact of the final rule on small entities. IV. Paperwork Reduction Act In accordance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3506; 5 CFR 1320 Appendix A.1), the Board reviewed the rule under the authority delegated to the Federal Reserve by the Office of Management and Budget (OMB). The final rule contains no collections of information under the PRA. *See* 44 U.S.C. 3502(3). Accordingly, there is no paperwork burden associated with the final rule. List of Subjects in 12 CFR Part 203 Banks, Banking, Federal Reserve System, Mortgages, Reporting and recordkeeping requirements. PART 203—[REMOVED AND RESERVED] For the reasons set forth in the preamble, under the authority of 12 U.S.C. 5581, the Board removes and reserves Regulation C, 12 CFR part 203. By order of the Board of Governors of the Federal Reserve System. Ann E. Misback, Secretary of the Board. [FR Doc. 2017-27491 Filed 12-21-17; 8:45 am]

Connectionstraces to 8

Traces to 8 documents