Unknown. Final rule

3,356 words·~15 min read·/register/2018/05/30/2018-11588·

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-05-30.xml --- 83 104 Wednesday, May 30, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24717 2018-11512 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 24717 2018-11533 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 24842-24846 2018-11494 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Firearms Act Division and Firearms and Explosives Services Division Customer Service Survey, 24820-24821 2018-11478 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Pale Cyst Nematode, 24718 2018-11532 Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act: Countering Weapons of Mass Destruction, 24821-24822 2018-11507 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24749-24750 2018-11565 Commerce Commerce Department See International Trade Administration See National Telecommunications and Information Administration See Patent and Trademark Office NOTICES Hearings:

Section 232 National Security Investigation of Imports of Automobiles, Including Cars, SUVs, Vans and Light Trucks, and Automotive Parts, 24735-24737 2018-11708 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Delegation of Special Emergency Procurement Authority, 24888-24890 2018-11341 Micro-Purchase Threshold, 24895-24896 2018-11349 Modification of DFARS Clause Riding Gang Member Requirements, 24891-24892 2018-11344 Repeal of DFARS Clause Right of First Refusal of Employment-Closure of Military Installations, 24892-24894 2018-11346 Repeal of DFARS Provision Alternate A, System for Award Management, 24894-24895 2018-11347 Repeal of Restrictions on Chemical Weapons Antidote, 24890-24891 2018-11343 Defense Federal Acquisition Regulation Supplements:

Repeal of DFARS Provision Alternative Line Item Structure, 24886-24887 2018-11339 Repeal of DFARS Provision Representation Regarding Combating Trafficking in Persons, 24887-24888 2018-11340 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Contract Closeout Authority, 24897-24898 2018-11342 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24750-24751 2018-11554 2018-11555 Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances:

Temporary Placement of NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA and 5F-CUMYL-P7AICA into Schedule I, 24696-24701 2018-11531 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Migrant Student Information Exchange User Application Form, 24751 2018-11505 Intent To Award Grantback Funds to the Pennsylvania Department of Education, 24751-24754 2018-11592 Election Election Assistance Commission NOTICES Help America Vote Act State Plans:

West Virginia, 24754 2018-11498 Employee Benefits Employee Benefits Security Administration NOTICES Exemptins: BNP Paribas S.A. (BNP Paribas) and Affiliates, and Certain Related Entities, Paris, France, 24822-24832 2018-11473 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Test Procedure for Metal Halide Lamp Fixtures, 24680-24684 2018-11547 NOTICES Petitions for Waivers: AeroSys Inc., 24762-24767 2018-11543 GD Midea Heating and Ventilating Equipment Co., Ltd., 24767-24778 2018-11544 National Comfort Products, Inc., 24754-24762 2018-11542 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: New Jersey; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2011 Carbon Monoxide, 2006 PM 10 , 2012 PM 2.5 , 1997 Ozone, and the 1997 and 2006 PM 2.5 National Ambient Air Quality Standards, 24661-24664 2018-10801 Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule, 24664-24671 2018-11578 PROPOSED RULES Accidental Release Prevention Requirements:

Risk Management Programs Under the Clean Air Act, 24850-24883 2018-11059 Air Quality State Implementation Plans; Approvals and Promulgations: Kentucky; Redesignation of the Kentucky Portion of the Louisville Unclassifiable Area, 24714-24716 2018-11567 NOTICES Adequacy Status: Indiana Portion of the Chicago-Naperville, IL-IN-WI Area for the Submitted 2008 Ozone Standard Fifteen Percent Rate of Progress Plan for Transportation Conformity Purposes, 24799-24800 2018-11585 Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 24785-24794, 24797-24799 2018-11573 2018-11583 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Continuous Release Reporting Regulations Under CERCLA 1980, 24795-24796 2018-11581 National Emission Standards for Hazardous Air Pollutants for Beryllium Rocket Motor Fuel Firing, 24784-24785 2018-11545 New Source Performance Standards for Glass Manufacturing Plants, 24794-24795 2018-11546 Charter Renewals: Board of Scientific Counselors, 24796-24797 2018-11576 Funding Availability:

Extension of the Application Deadline Date for Credit Assistance Under the Water Infrastructure Finance and Innovation Act Program, 24797 2018-11577 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24800 2018-11553 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 24654-24656 2018-11659 Special Conditions: Bombardier Inc. Model BD 700 2A12 and Model BD 700 2A13 Airplanes;

Autobrake System Structural Loads, 24652-24654 2018-11506 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 24690-24694 2018-11421 Bombardier, Inc., Airplanes, 24694-24696 2018-11430 Dassault Aviation Airplanes, 24686-24688 2018-11422 The Boeing Company Airplanes, 24688-24690 2018-11426 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: High Density Traffic Airports: Slot Allocation and Transfer Methods, 24842 2018-11569 Airport Property Releases:

Scholes International Airport, Galveston, TX, 24841 2018-11467 Exemption Petitions; Summaries: Kitty Hawk Corporation, 24840 2018-11549 Vickers Aircraft Company LTD, 24841 2018-11548 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24800-24801 2018-11534 Federal Energy Federal Energy Regulatory Commission RULES FAST Act Critical Electric Infrastructure Security and Critical Energy Infrastructure Information, 24656-24661 2018-11537 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 24778-24779 2018-11523 Certifications: New Interstate Natural Gas Facilities, 24780-24781 2018-11527 Combined Filings, 24779-24780, 24783-24784 2018-11515 2018-11516 2018-11517 Filings: Peter A. Vigue, 24784 2018-11525 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Antelope Expansion 2, LLC, 24781-24782 2018-11518 License Applications: Big Chino Valley Pumped Storage LLC, 24782-24783 2018-11526 Meetings:

Nuclear Regulatory Commission and the Federal Energy Regulatory Commission, 24782 2018-11528 Requests Under Blanket Authorization: Enable Mississippi River Transmission, LLC, 24781 2018-11524 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24802-24803 2018-11503 Federal Transit Federal Transit Administration RULES Private Investment Project Procedures, 24672-24679 2018-11385 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: USDA National Hunger Clearinghouse Database Form, 24718-24719 2018-11477 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonferrous Metals Surveys, 24817 2018-11510 Health and Human Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Control of Communicable Diseases, 24671-24672 2018-11539 Homeland Homeland Security Department See Transportation Security Administration See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Section 8 Housing Assistance Payments Program: Fiscal Year 2018 Inflation Factors for Public Housing Agency Renewal Funding, 24815-24817 2018-11587 Interior Interior Department See Geological Survey See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Income Taxes; CFR Correction, 24661 2018-11690 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Tax Treatment of Salvage and Reinsurance, 24846 2018-11521 International Trade Adm International Trade Administration NOTICES Determinations of Sales at Less Than Fair Value: Fine Denier Polyester Staple Fiber From India, 24737-24740 2018-11710 Fine Denier Polyester Staple Fiber From Taiwan, 24745-24747 2018-11712 Fine Denier Polyester Staple Fiber From the People's Republic of China, 24740-24743 2018-11714 Fine Denier Polyester Staple Fiber From the Republic of Korea, 24743-24745 2018-11711 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Tool Chests and Cabinets From China and Vietnam, 24820 2018-11522 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration See Justice Programs Office Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Partnership Grants Management System, 24822 2018-11479 Labor Department Labor Department See Employee Benefits Security Administration National Credit National Credit Union Administration RULES Involuntary Liquidation of Federal Credit Unions and Claims Procedures, 24651-24652 2018-11588 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 24805-24809 2018-11484 2018-11556 2018-11557 2018-11558 National Heart, Lung, and Blood Institute, 24803-24805 2018-11485 2018-11486 2018-11487 2018-11488 National Institute of Allergy and Infectious Diseases, 24810 2018-11559 National Institute of Diabetes and Digestive and Kidney Diseases, 24803 2018-11560 National Institute of General Medical Sciences, 24804 2018-11490 National Institute of Mental Health, 24807-24808 2018-11491 National Institute of Neurological Disorders and Stroke, 24805 2018-11562 National Institute on Deafness and Other Communication Disorders, 24810 2018-11489 National Institute on Minority Health and Health Disparities, 24809-24810 2018-11561 Office of the Director, National Institutes of Health, 24809 2018-11563 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 24817-24819 2018-11530 National Telecommunications National Telecommunications and Information Administration NOTICES Improving the Quality and Accuracy of Broadband Availability Data, 24747-24749 2018-11483 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Early Site Permit Application, Tennessee Valley Authority Clinch River Nuclear Site; Correction, 24832 2018-11550 Patent Patent and Trademark Office PROPOSED RULES Changes to the Trademark Rules of Practice To Mandate Electronic Filing, 24701-24714 2018-11353 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Space, Commercial Use of;

Policy To Streamline Regulations (Space Policy Directive-2 of May 24, 2018), 24899-24903 2018-11769 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recreation Survey Questions, 24819-24820 2018-11586 Rural Business Rural Business-Cooperative Service NOTICES Funding Availability: Rural Cooperative Development Grants, 24726-24735 2018-11482 Socially-Disadvantaged Groups Grants, 24719-24726 2018-11481 Securities Securities and Exchange Commission NOTICES Meetings:

Investor Advisory Committee, 24836-24837 2018-11496 Meetings; Sunshine Act, 24834 2018-11630 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 24832-24834 2018-11500 ICE Clear Europe, Ltd., 24834-24836 2018-11501 Small Business Small Business Administration PROPOSED RULES Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor Protege Programs, 24684-24686 2018-11495 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 24810-24811 2018-11536 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: CSX Transportation, Inc., Trumbull County, OH, 24837 2018-11551 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Energy Resource Council, 24838 2018-11519 Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2018 GSP Annual Product Review and Initiation of Country Practice Review of Thailand, 24838-24840 2018-11574 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Law Enforcement Officers Safety Act and Retired Badge/Credential, 24814-24815 2018-11509 TSA End of Course Level 1 Evaluation—Instructor-Led Classroom Training, 24813-24814 2018-11508 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service See United States Mint Customs U.S. Customs and Border Protection NOTICES Country of Origin Determinations: Certain Electric Scissor Lifts, 24811-24813 2018-11504 U.S.

Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 24847 2018-11502 Separate Parts In This Issue Part II Environmental Protection Agency, 24850-24883 2018-11059 Part III Defense Department, Defense Acquisition Regulations System, 24886-24898 2018-11341 2018-11349 2018-11344 2018-11346 2018-11347 2018-11343 2018-11339 2018-11340 2018-11342 Part IV Presidential Documents, 24899-24903 2018-11769 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. 83 104 Wednesday, May 30, 2018 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 709 RIN 3133-AE82 Involuntary Liquidation of Federal Credit Unions and Claims Procedures AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule. SUMMARY: The NCUA Board (Board) is amending part 709 of its rules to update and clarify the procedures that apply to claims administration for federally insured credit unions that enter involuntary liquidation. Specifically, the final rule amends the payout priority provision by specifying the conditions that claims in the nature of severance must meet to be allowed as provable claims. DATES: The rule is effective June 29, 2018. FOR FURTHER INFORMATION CONTACT:

Ian Marenna, Senior Trial Attorney, at 1775 Duke Street, Alexandria, Virginia 22314, or telephone:

(703)518-6540. SUPPLEMENTARY INFORMATION: I. Background Section 1217 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) 1 amended the Federal Credit Union Act (FCU Act) by adding Section 207(b), thereby creating a comprehensive statutory framework for the liquidation of federally insured credit unions. 2 Section 207(b)(4) authorizes the Board to “prescribe regulations regarding the allowance or disallowance of claims by the liquidating agent and providing for administrative determination of claims and review of such determination.” 3 In accordance with this authority, the Board adopted part 709 in 1991. 4 1 Sec. 1217(a)(3), (4), Public Law 101-73. Sec. 1217(a)(3), (4). 2 12 U.S.C. 1787(b). 3 12 U.S.C. 1787(b)(4). 4 56 FR 56925 (Nov. 7, 1991). Under a separate provision of the FCU Act, the Board is authorized to prohibit or limit “golden parachute payments,” defined to include payments that are contingent on the termination of the party's employment at the credit union and that are made when the credit union is in troubled financial condition. 5 Part 750 of the NCUA's regulations contains explicit limitations on the ability of an institution affiliated party to pursue a severance claim with the liquidating agent after a credit union has become insolvent and is placed in conservatorship or liquidation. 6 5 12 U.S.C. 1786(t)(4); 12 CFR 750.1(d). 6 12 CFR 750.7. In January 2018, the Board issued a proposed rule and request for public comment in which it proposed to clarify how the agency will handle severance claims in involuntary liquidations. 7 Specifically, the Board proposed to create an exception to the generally applicable bar on severance claims in liquidation that is codified in the NCUA's regulation governing golden parachute payments. As reflected in the proposed regulatory text, the Board proposed to elaborate on the definition of permissible employment-related claims in involuntary liquidations to include vacation, sick, and severance pay if the payment is supported by an employee handbook or other credit union record and is calculable in accordance with a formula or criteria available to all employees. This proposed allowance for some severance claims, as explained in the proposed rule preamble, is an exception to the general rule in part 750 providing that all claims for employee welfare benefits are not provable against the liquidating agent for a failed insured credit union. 7 83 FR 4450 (Jan. 31, 2018). As explained in the next section, after reviewing the six public comment letters on the proposed rule, the Board adopts the proposal as a final rule without change. II. Summary of Comments The NCUA received six comment letters in response to the proposed rule—two from credit union trade organizations, three from credit union leagues and associations, and one from a credit union. All commenters generally supported the proposed rule's purpose of clarifying the relationship between the golden parachute regulation and the involuntary liquidation claims procedures. One commenter suggested that the Board permit separately-negotiated executive agreements to form the basis of allowable severance claims under part 709. The commenter expressed concern that excluding such agreements from the scope of allowable claims under part 709 could affect credit unions' ability to retain executives. As the proposed regulatory text indicates, the Board proposed to update part 709 to recognize that severance claims meeting specific criteria would be allowable in involuntary liquidation despite the general bar on such payments in part 750. Although the Board recognizes that the specific criteria set forth in the proposed regulatory text may be narrower than all payments that may be permissible or subject to NCUA approval under part 750, it is important to note that, prior to this rulemaking, the regulations provided that all claims for employee welfare benefits are not provable against the liquidating agent. The proposed rule was designed to allow an exception to the general rule in part 750 but not repeal it. The Board is not persuaded that it should seek to expand the scope of that exception now. Attracting and retaining effective management is an important consideration, but the rule change does not negatively affect this interest. Indeed, it creates more certainty for severance claims in involuntary liquidations and affords the opportunity to all employees to be eligible to claim these benefits when the claims are based on the fair, objective factors described in the proposed regulatory text. The Board notes that this rule only affects involuntary liquidations, which are infrequent, with only five occurring in 2017, for example. 8 8 See *https://www.ncua.gov/services/Pages/closed-credit-unions/2017.aspx.* Accordingly, the Board adopts the proposed rule without change. III. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires the NCUA to prepare an analysis to describe any significant economic impact a rule may have on a substantial number of small entities (primarily those under $100 million in assets). The severance provision imposes no new requirements on credit unions. Instead, it provides a limited exception to an existing regulation that applies to liquidated credit unions. Accordingly, the final rule will not have a significant economic impact on a substantial number of small credit unions, and therefore, no regulatory flexibility analysis is required. 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 modifies an existing burden. 44 U.S.C. 3507(d). For purposes of the PRA, a paperwork burden may take the form of either a reporting or a recordkeeping requirement, both referred to as information collections. Part 709 only concerns credit unions that have failed and imposes no information collection requirements on existing credit unions. Accordingly, there are no PRA implications. Small Business Regulatory Enforcement Fairness Act of 1996 The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where the NCUA issues a final rule as defined by Section 551 of the Administrative Procedure Act. The NCUA does not believe this final rule is a “major rule” within the meaning of the relevant sections of SBREFA. The NCUA has submitted the rule to the Office of Management and Budget for its determination in that regard. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, the NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. This final rule will clarify certain procedures for the NCUA's administration of liquidated federally insured credit unions. This final rule will not have a substantial direct effect on the states, on the connection between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. The Board has determined that the final rule does not constitute a policy that has federalism implications for purposes of the executive order. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families The NCUA has determined that the 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 in 12 CFR Part 709 Credit unions, Involuntary liquidation. By the National Credit Union Administration Board, on May 24, 2018. Gerard Poliquin, Secretary of the Board. For the reasons discussed above, the NCUA Board amends 12 CFR part 709 as follows: PART 709—INVOLUNTARY LIQUIDATION OF FEDERAL CREDIT UNIONS AND ADJUDICATION OF CREDITOR CLAIMS INVOLVING FEDERALLY INSURED CREDIT UNIONS IN LIQUIDATION 1. The authority citation for part 709 is revised to read as follows: Authority: 12 U.S.C. 1757, 1766, 1767, 1786(h), 1786(t), and 1787(b)(4), 1788, 1789, 1789a. 2. Revise paragraph (b)(2) of § 709.5 to read as follows: § 709.5 Payout priorities in involuntary liquidation.

(b)* * *

(2)Claims for wages and salaries, including vacation, severance, and sick leave pay; *provided, however,* that, in accordance with § 750.7 of this chapter, no claim for vacation, severance, or sick leave pay is provable unless entitlement to the benefit is provided for in the credit union employee handbook or other written credit union record, is calculable in accordance with an objective formula, and is available to all employees who meet applicable eligibility requirements, such as minimum length of service, or if such payment is required by applicable state or local law; [FR Doc. 2018-11588 Filed 5-29-18; 8:45 am]

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