Unknown. Final rule

5,081 words·~23 min read·/register/2018/08/09/2018-16972

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-2018-08-09.xml --- 83 154 Thursday, August 9, 2018 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Development of Standards for Substances to be Used in Organic Production: National Organic Standards Board; Meeting, 39376 2018-16386 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Utilities Service AIRFORCE Air Force Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39430-39431 2018-17034 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Institute for Occupational Safety and Health, 39440-39441 2018-17042 Safety and Occupational Health Study Section, National Institute for Occupational Safety and Health, 39441 2018-17043 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Revisions to Payment Policies under Physician Fee Schedule and Other Revisions to Part B for CY 2019;

Medicare Shared Savings Program Requirements; etc., 39397-39398 C1--2018--14985 Civil Rights Civil Rights Commission NOTICES Meetings: Kentucky Advisory Committee, 39409 2018-16332 South Carolina Advisory Committee, 39409 2018-17033 Coast Guard Coast Guard RULES Drawbridge Operations: Delaware River, Burlington, NJ and Bristol, PA, 39361 2018-16845 Safety Zones: Captain of the Port Lake Michigan Zone; Milwaukee Open Water Swim, 39361 2018-17075 Discovery World Fireworks, Milwaukee Harbor, Milwaukee, WI, 39363-39365 2018-17069 Lake Michigan, Whiting, IN, 39361-39363 2018-17074 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Air Force Department Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Blanket Authorizations to Export Previously Imported Liquefied Natural Gas:

BP Energy Co.; Short-Term Basis, Application, 39431-39432 2018-17046 Environmental Protection Environmental Protection Agency RULES Air Quality Designations: Florida; 2012 Primary Annual Fine Particle (PM <sup>2.5</sup> ) National Ambient Air Quality Standard, 39369-39373 2018-17080 Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; 2011 Base Year Inventory for 2008 8-Hour Ozone National Ambient Air Quality Standard for Baltimore, Maryland Nonattainment Area, 39365-39369 2018-16992 Tolerance Exemptions:

Cerevisane (Cell Walls of Saccharomyces Cerevisiae Strain LAS117), 39373-39375 2018-17081 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee; Interstate Transport for 2012 Fine Particulate Matter National Ambient Air Quality Standards, 39387-39397 2018-16991 NOTICES Registration Reviews: Several Pesticides; Draft Human Health and/or Ecological Risk Assessments, 39437-39438 2018-17082 Several Pesticides;

Interim Decisions, 39436-39437 2018-17083 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39439 2018-17040 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 39326-39331 2018-16504 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 39382-39384 2018-16638 Airbus SAS Airplanes, 39377-39380 2018-16733 Rolls-Royce plc Turbofan Engines, 39380-39382 2018-16649 Amendment of Class E Airspace;

Establishment of Class E Airspace: Augusta GA; Waynesboro, GA, 39384-39385 2018-16869 Knoxville, TN; Madisonville, TN, 39386-39387 2018-16865 NOTICES Land Waivers: Hanover County Municipal Airport, Hanover, VA, 39494 2018-17102 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations; Proposals, 39455-39457 2018-17077 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Great Lakes Hydro America, 39434 2018-17027 Combined Filings, 39432-39433 2018-17030 Environmental Assessments;

Availability, etc.: Columbia Gas Transmission, LLC: Line KA1 North Launcher/Receiver Project, 39435-39436 2018-17029 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Persimmon Creek Wind Farm 1, LLC, 39433-39434 2018-17028 Federal Housing Finance Agency Federal Housing Finance Agency RULES Federal Housing Finance Board Regulations: Repeal and Technical Amendments, 39323-39326 2018-16972 Federal Housing Finance Board Federal Housing Finance Board RULES Federal Housing Finance Board Regulations:

Repeal and Technical Amendments, 39323-39326 2018-16972 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commercial Driver Licensing and Test Standards, 39496-39498 2018-17064 Commercial Driver's License Standards; Exemption Applications: CRST Expedited, 39495-39496 2018-17063 Hours of Service of Drivers; Exemption Applications: HEPACO, LLC; Heritage Environmental Services, LLC; Lewis Environmental, Inc.; and Moran Environmental Recovery, LLC, 39498-39500 2018-17062 National Hazardous Materials Route Registry, 39500-39504 2018-17060 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39505 2018-17076 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 39439-39440 2018-17094 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 39439 2018-17093 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 39440 2018-17010 Federal Transit Federal Transit Administration NOTICES Program Guidance for Metropolitan Planning Program and State Planning and Research Program Grants, 39505-39507 2018-17032 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disclosures in Professional and Consumer Prescription Drug Promotion, 39441-39448 2018-17045 Generic Clearance for Collection of Quantitative Data on Tobacco Products and Communications, 39449-39450 2018-17044 Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived from Genetically Engineered Plants, 39450-39453 2018-17024 Drug Products Not Withdrawn from Sale for Reasons of Safety or Effectiveness: PROLIXIN (Fluphenazine Hydrochloride) Tablets, 1 Milligram, 2.5 Milligrams, 5 Milligrams, and 10 Milligrams, 39453-39454 2018-17026 Guidance:

Dissolution Testing and Acceptance Criteria for Immediate-Release Solid Oral Dosage Form Drug Products Containing High Solubility Drug Substances, 39448-39449 2018-17025 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Tongass National Forest, Petersburg Ranger District, Alaska; Central Tongass Project, 39402-39405 2018-17059 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39459-39460 2018-17073 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Homeland Security Acquisition Regulation: Solicitation of Proposal Information for Award of Public Contracts, 39457-39459 2018-17021 Interior Interior Department See Geological Survey Internal Revenue Internal Revenue Service RULES Partnership Representative under Centralized Partnership Audit Regime and Election to Apply Centralized Partnership Audit Regime, 39331-39351 2018-17002 PROPOSED RULES Guidance Regarding Transition Tax under Section 965 and Related Provisions, 39514-39575 2018-16476 NOTICES Meetings:

Taxpayer Advocacy Panel Joint Committee, 39510 2018-17014 Taxpayer Advocacy Panel Notices and Correspondence Project Committee, 39511 2018-17015 Taxpayer Advocacy Panel Special Projects Committee, 39511 2018-17016 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 39510 2018-17013 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 39511 2018-17012 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 39510-39511 2018-17011 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 39510 2018-17003 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 39411-39412 2018-17051 Certain Pasta from Italy, 39418-39420 2018-17048 Certain Steel Nails from Malaysia, 39422-39424 2018-17050 Certain Uncoated Groundwood Paper from Canada, 39414-39418 2018-17017 Certain Uncoated Paper from Indonesia, 39410-39411 2018-17066 Monosodium Glutamate from the People's Republic of China, 39420-39422 2018-17049 Determinations of Sales at Less Than Fair Value: Certain Uncoated Groundwood Paper from Canada, 39412-39414 2018-17020 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Jump Rope Systems, 39460-39461 2018-17070 Certain LED Lighting Devices, LED Power Supplies, and Components Thereof, 39462 2018-17072 Low Melt Polyester Staple Fiber from Korea and Taiwan, 39461-39462 2018-17071 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Rules of Appellate Procedure, 39462-39463 2018-17090 Advisory Committee on Rules of Civil Procedure, 39462 2018-17091 Advisory Committees on Federal Rules of Appellate, Bankruptcy, and Civil Procedure, and Federal Rules of Evidence, 39463 2018-17092 Justice Department Justice Department NOTICES Proposed Consent Decrees under the Clean Air Act, 39463-39464 2018-17023 Labor Department Labor Department See Occupational Safety and Health Administration National Credit National Credit Union Administration NOTICES Suspension and Debarment Procedures, 39464-39469 2018-17086 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 39454 2018-17036 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: Summer Flounder, Scup, and Black Sea Bass Fisheries; Commercial Accountability Measure Framework Adjustment 13, 39398-39401 2018-17031 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39424, 39430 2018-17055 2018-17056 2018-17057 Environmental Assessments; Availability, etc.:

National Data Buoy Center, 39429-39430 2018-17038 Requests for Information: Expressions of Interest in Conducting Collaborative Research and Development on Innovative Approaches for Exploiting Environmental Data, 39428-39429 2018-17054 Takes of Marine Mammals: Gustavus Ferry Terminal Improvements Project, 39424-39428 2018-16993 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Dry Storage and Transportation of High Burnup Spent Nuclear Fuel, 39475-39476 2018-16994 Exemptions and Combined License Amendments:

Southern Nuclear Operating Co., Inc: Vogtle Electric Generating Plant, Units 3 and 4: Tier 1 and Tier 2 Editorial and Consistency Changes, 39474-39475 2018-16995 Southern Nuclear Operating Co., Inc: Vogtle Electric Generating Plant, Units 3 and 4: Ventilation System Changes, 39472-39474 2018-16996 License Amendment Applications: Homestake Mining Co. of California; Grants Reclamation Project; Groundwater Monitoring Plan, 39476-39479 2018-17039 Homestake Mining Co. of California;

Grants Reclamation Project; Zeolite Water Treatment Systems, 39470-39472 2018-17037 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Thermal-Hydraulic Phenomena, 39469-39470 2018-17009 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Limited Extension of Select Compliance Dates for Occupational Exposure to Beryllium in General Industry, 39351-39360 2018-17106 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Locating and Paying Participants, 39479 2018-17019 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: OPID Assignment Request and National Registry Notification, 39508-39509 2018-17052 Pipeline Safety: Underground Natural Gas Storage Facility User Fee, 39507-39508 2018-17053 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 39479-39480 2018-17035 Postal Service Postal Service NOTICES Product Changes:

Priority Mail Negotiated Service Agreement, 39480 2018-17018 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Colombia; Continuation of Drug Interdiction Assistance (Presidential Determination No. 2018-10 of July 20, 2018), 39577-39579 2018-17261 Rural Utilities Rural Utilities Service NOTICES Technical Assistance and Training Grant Program, 39405-39408 2018-16997 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39480-39481, 39483-39486 2018-16998 2018-16999 2018-17000 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 39486-39488 2018-17008 Nasdaq BX, Inc., 39484-39485 2018-17005 Nasdaq Stock Market, LLC, 39490-39492 2018-17006 National Securities Clearing Corp., 39481-39483 2018-17007 New York Stock Exchange, LLC, 39488-39490 2018-17004 Small Business Small Business Administration NOTICES Disaster Declarations: Iowa, 39492 2018-17022 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Affidavit of Physical Presence or Residence, Parentage and Support, 39493-39494 2018-17084 Meetings: Defense Trade Advisory Group, 39492-39493 2018-17085 Industry Advisory Group, 39493 2018-17061 Surface Transportation Surface Transportation Board NOTICES Leases and Operation Exemptions: Foxville and Northern Railroad Co., LLC; Badin Business Park, LLC, 39494 2018-17067 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biometric Identity, 39454-39455 2018-17079 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 39514-39575 2018-16476 Part III Presidential Documents, 39577-39579 2018-17261 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. 83 154 Thursday, August 9, 2018 Rules and Regulations FEDERAL HOUSING FINANCE BOARD 12 CFR Parts 900, 906, and 956 Through 999 FEDERAL HOUSING FINANCE AGENCY 12 CFR Parts 1200, 1206, 1223, and 1261 RIN 2590-AA91 Repeal of Federal Housing Finance Board Regulations;

Technical Amendments to FHFA Regulations AGENCY: Federal Housing Finance Agency; Federal Housing Finance Board. ACTION: Final rule. SUMMARY: The Federal Housing Finance Agency

(FHFA)is repealing two parts of the Federal Housing Finance Board (Finance Board) regulations, which define terms used in Finance Board regulations, and which describe the process by which the Finance Board conducted its monthly interest rate survey (MIRS). The repealed definitions are either obsolete or duplicate definitions that FHFA has previously adopted. The regulation relating to the MIRS has become outdated because it does not accurately describe the manner in which FHFA currently conducts the survey. Although FHFA intends to continue to conduct the MIRS in the same manner as it is doing presently, there is no need to carry over this provision into its own regulations. This final rule also repeals a number of subchapters of the Finance Board regulations that it had previously reserved, but which no longer serve any purpose because they include no regulatory text, corrects inaccurate cross-references in regulations described in this rulemaking, and amends a table to update information relating to information collections under the Paperwork Reduction Act. DATES: This rule is effective on September 10, 2018. FOR FURTHER INFORMATION CONTACT: Vickie R. Olafson, Assistant General Counsel, *Vickie.Olafson@FHFA.gov,*

(202)649-3025 (this is not a toll-free number), Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219. The telephone number for the Telecommunications Device for the Deaf is

(800)877-8339. SUPPLEMENTARY INFORMATION: I. Background and Analysis Effective July 30, 2008, the Housing and Economic Recovery Act of 2008

(HERA)1 created FHFA as a new independent agency of the Federal Government, and transferred to FHFA the supervisory and oversight responsibilities of the Finance Board over the Federal Home Loan Banks (Banks), the oversight responsibilities of the Office of Federal Housing Enterprise Oversight (OFHEO) over the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (the Enterprises), and certain functions of the Department of Housing and Urban Development. 2 Under section 1313(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (Safety and Soundness Act), FHFA is responsible for ensuring that the Banks and the Enterprises operate in a safe and sound manner, including that they maintain adequate capital and internal controls, that their activities foster liquid, efficient, competitive and resilient national housing finance markets, and that they carry out their public policy missions through authorized activities. 3 The Banks and the Enterprises remain subject to, and continue to operate under, regulations promulgated by the Finance Board and by OFHEO and HUD, respectively, until such regulations are superseded by regulations issued by FHFA. 4 The Finance Board regulations that are the subject of this rulemaking have remained in effect pursuant to that authority. 1 HERA, Public Law 110-289, 122 Stat. 2654. 2 *See id.* at section 1101, 122 Stat. 2661-62 (codified at 12 U.S.C. 4511, 4511 note, and 4513). 3 12 U.S.C. 4513(a). 4 12 U.S.C. 4511 note. On April 3, 2018, FHFA published a notice of proposed rulemaking to repeal certain outdated Finance Board regulations. 5 FHFA proposed to repeal definitions under the Finance Board regulations that are obsolete or that duplicate FHFA definitions, and to repeal an outdated Finance Board regulation that describes the process the Finance Board used to conduct the MIRS. FHFA also proposed to repeal subchapters of the Finance Board regulations that were reserved and no longer serve any regulatory purpose. The comment period ended on May 18, 2018. FHFA received no comments in response to any part of the proposed rulemaking, and thus is finalizing the amendments to the Finance Board regulations as proposed. 5 Repeal of Federal Housing Finance Board Regulations, 83 FR 14205 (Apr. 3, 2018). A. Definitions—Finance Board Part 900 FHFA proposed repealing the Finance Board definitions located in Subchapter A, which consists of part 900 of the Finance Board regulations, and includes definitions of forty-two terms that had been used throughout the Finance Board regulations. In 2013 FHFA carried over into its own regulations (at part 1201) most of the Finance Board definitions, but did not repeal the Finance Board definitions at that time because a number of substantive Finance Board regulations that used those terms remained in effect. 6 FHFA has now proposed repealing all of the definitions within part 900 of the Finance Board regulations because, since 2013, FHFA has relocated or repealed all of the substantive Finance Board regulations, other than those relating to Bank capital requirements, which are the subject of a separate rulemaking. 7 The final rule is identical to the proposed rule on this topic. 6 *See* Relocation of Regulations, 78 FR 2319 (Jan. 11, 2013). 7 *See* Federal Home Loan Bank Capital Requirements, 82 FR 30776 (proposed July 3, 2017). As noted in the proposed rule, certain of those defined terms, such as “capital plan,” “excess stock,” and “advance,” are used within the Finance Board capital regulations at parts 930 and 932, which likely will remain in effect during an extended transition period to the new FHFA Bank capital regulations. 83 FR 14205, 14206. Each of those terms is well understood by the Banks and has been carried over into the FHFA definitions at part 1201 without substantive change, and to the extent any interpretive questions may arise with respect to parts 930 and 932 after the definitions in part 900 are repealed, the Banks may look to the identical definitions in part 1201 of the FHFA regulations to address those questions. *Id.* B. Finance Board Part 906 FHFA proposed repealing subchapter B, consisting of part 906 of the Finance Board Regulations that contains reserved subparts A and C, and subpart B, § 906.5. Section 906.5 describes the manner in which the Finance Board conducted the “Monthly Survey of Rates and Terms on Conventional One-Family Non-farm Mortgage Loans,” commonly referred to as the “Monthly Interest Rate Survey” or “MIRS.” The MIRS is a monthly survey of mortgage lenders that solicits information on the terms and conditions on all conventional, single-family, fully amortizing, purchase-money mortgage loans closed during the last five working days of the preceding month. It was originally conducted by the Federal Home Loan Bank Board (FHLBB), and was continued by the Finance Board, in accordance with the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the legislation that abolished the FHLBB and established the Finance Board as its successor. FHFA also has continued to conduct the survey and publish the data tables monthly, as successor to the Finance Board. Historically, two housing finance benchmarks have been based on data obtained through the MIRS:

(1)The “national average one-family house price,” which, between 1980 and 2008, Fannie Mae and Freddie Mac were statutorily required to use in making annual adjustments to the conforming loan limit; 8 and

(2)the Adjustable Rate Mortgage

(ARM)Index, which at one time was widely used by lenders in determining the appropriate periodic interest rate adjustment on their ARM loans. 8 The Housing and Community Development Act of 1980 tied the Fannie Mae and Freddie Mac conforming loan limits to MIRS. *See* Public Law 96-399, Title III, section 313(a), (b), 94 Stat. 1644-45 (Oct. 8, 1980). Adjustments in the conforming loan limits for Fannie Mae and Freddie Mac are no longer based on data collected through the MIRS. Some lenders, however, may still use FHFA's ARM Index, which is derived from MIRS data, as one factor in pricing mortgage loans that they originate. In addition, businesses, trade associations, and government agencies at both the federal and state level rely upon the MIRS data for various business and regulatory purposes. FHFA intends to continue conducting the MIRS and publishing the data results on its website monthly. Because the current MIRS regulation includes an outdated description of the manner in which the survey is conducted, however, and is not necessary in order to implement the statutory mandate that FHFA conduct the survey, FHFA has determined that the regulation is unnecessary. 9 Given the absence of any comments on the proposed rule, the final rule is also identical to the proposed rule on this topic. 9 *See* Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Public Law 101-73, Title IV, section 402(e), 103 Stat. 359-360 (Aug. 9, 1989), codified at 12 U.S.C. 1437 note (regarding the continuation of the ARM Index). C. Finance Board Parts 956-999 [Reserved] and Subchapters F-M [Reserved] The proposal also would have repealed subchapters F-M, consisting of parts 956-999 of title 12 of the Code of Federal Regulations (CFR), which are Finance Board provisions that are designated as “[r]eserved.” These reserved parts are currently the only items under subchapters F-M of chapter IX of title 12, and because they contain no substantive provisions there is nothing to revise and relocate to the FHFA regulations. Consequently, FHFA has determined that unless it affirmatively removes the reference to those parts as being reserved and removes subchapters F-M, those references and empty subchapters F-M would remain in the CFR after FHFA has removed or relocated all of the other substantive Finance Board regulations. Accordingly, in the interest of ensuring that all Finance Board regulations that will not be carried forward into the FHFA regulations are removed from the CFR, the final rule adopts the proposed provision to repeal without change. D. Other Amendments FHFA is also using this final rule as a vehicle to address six other matters, each of which is technical in nature, that FHFA had not included in the proposed rule. The Paperwork Reduction Act of 1995

(PRA)10 and the implementing regulations of the Office of Management and Budget

(OMB)11 require FHFA to display a currently valid control number for each collection of information the Agency conducts or sponsors. To satisfy this requirement, § 1200.4(b) of FHFA's regulations includes a table identifying each section of the regulations that contains an information collection requirement and showing, for each of those collections, the control number assigned by OMB and the expiration date of that control number. FHFA is using this final rule as a means to update the information contained in that table to reflect recent OMB actions and approvals. 10 44 U.S.C. 3501 *et seq.* 11 5 CFR part 1320. Separately, § 1261.9(c) of FHFA's Federal Home Loan Bank directorship regulations includes an inaccurate cross-reference to a provision within FHFA's minority and women inclusion regulations. The regulation currently refers to 12 CFR 1207.21(b)(5), which FHFA relocated in 2017 to 12 CFR 1223.21(b)(7). 12 The cross-referenced provision requires the regulated entities to have policies to encourage the consideration of diversity when nominating or soliciting nominations for positions on their boards of directors. FHFA is also using this final rule as a means to correct the cross reference within 12 CFR 1261.9(c). 12 The relocation and redesignation occurred in two phases. In March 2017, FHFA redesignated the Minority and Women Inclusion

(MWI)regulations that apply to the regulated entities from 12 CFR part 1207 to 12 CFR part 1223, as a result of which § 1207.21(b)(5) became § 1223.21(b)(5). *See* Minority and Women Outreach Program, 82 FR 14992, 14993 (Mar. 24, 2017). In July 2017, FHFA again amended the MWI regulations that apply to the regulated entities by, among other things, redesignating § 1223.21(b)(5) as § 1223.21(b)(7). *See* 82 FR 34388, 34395-96 (July 25, 2017). This final rule also corrects inaccurate cross-references that had not been updated in four other regulations, as follows. First, the reference to “12 U.S.C. 3645” in § 1206.3(a)(3) is replaced with “12 U.S.C. 4635.” Second, the reference to “§ 1223.21(b)(6)” in § 1223.3(b) is replaced with “§ 1223.21(b)(9).” Third, the reference to “§ 1207.3(b)” in § 1223.21(b)(9) is replaced with “§ 1223.3(b).” Fourth, the reference to “§§ 1207.20 and 1207.21” in § 1223.23(b)(20) is replaced with “§§ 1223.20 and 1223.21.” The Administrative Procedure Act

(APA)provides that an agency may amend its regulations without going through a notice and comment rulemaking if it finds good cause that it would be “impracticable, unnecessary, or contrary to the public interest.” 13 Each of the six amendments described above is technical in nature and does not present any issues on which public comment would be necessary. Moreover, it is consistent with the public interest for FHFA to correct inaccurate citations within its regulations and to ensure that it periodically updates the information pertaining to OMB control numbers and the expiration dates for its collections of information. Accordingly, FHFA finds that there is good cause for amending these two provisions without an opportunity for prior notice and comment. 13 5 U.S.C. 553(b)(B). II. Considerations of Differences Between the Banks and the Enterprises Section 1313(f) of the Safety and Soundness Act requires the FHFA Director, when promulgating regulations “of general applicability and future effect” relating to the Banks, to consider the differences between the Banks and the Enterprises as they may relate to the Banks' cooperative ownership structure, mission of providing liquidity to members, affordable housing and community development mission, capital structure, and joint and several liability. 14 As was stated in the proposed rule, FHFA has determined that no such analysis is required in this case because the final rule would not impose any new obligations on the Bank or have any future effect on their rights and responsibilities. 14 12 U.S.C. 4513(f). III. Paperwork Reduction Act The PRA requires that FHFA consider the impact of paperwork and other information collection burdens imposed on the public. 15 Under the PRA and OMB's implementing regulations, an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid control number assigned by OMB. 16 The MIRS addressed by 12 CFR 906.5 is a collection of information that OMB has approved under control number 2590-0004, which is due to expire on September 30, 2020. 15 *See* 44 U.S.C. 3507(a), (d). 16 *See* 44 U.S.C. 3512(a); 5 CFR 1320.8(b)(3)(vi). Although the final rule removes the descriptive provision regarding the MIRS that now appears at 12 CFR 906.5, that removal does not change any aspect of the information collection; that is, FHFA will continue to conduct the survey in accordance with the terms of the existing PRA clearance. Therefore, FHFA has not submitted to OMB a request to approve a revision to control number 2590-0004. IV. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires that a final regulation that has a significant economic impact on a substantial number of small entities, small businesses, or small organizations must include a regulatory flexibility analysis describing the regulation's impact on small entities. Such an analysis need not be undertaken if the agency has certified that the regulation will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 605(b). FHFA has considered the impact of this rulemaking and certifies that it will not have a significant economic impact on a substantial number of small entities because the amendments are entirely technical in nature. Even if the final rule were to have an economic impact, it would apply only to the regulated entities, which are not small entities for purposes of the Regulatory Flexibility Act. V. Congressional Review Act FHFA has determined that this regulatory action does not qualify as either a “rule” or a “major rule” under the Congressional Review Act. *See* 5 U.S.C. 804(2), (3). List of Subjects 12 CFR Part 900 Federal home loan banks, Office of finance, Regulated entity. 12 CFR Part 906 Conventional one-family non-farm mortgage loans, Government contracts, Minority businesses, Monthly interest rate survey, Mortgages, Reporting and recordkeeping requirements. 12 CFR Part 1200 Organization and functions (Government agencies), Reporting and recordkeeping requirements, Seals and insignia. 12 CFR Part 1206 Federal home loan banks, Reporting and recordkeeping requirements. 12 CFR Part 1223 Civil rights, Equal employment opportunity, Government contracts, Minority businesses. 12 CFR Part 1261 Banking, Banks, Conflicts of interest, Elections, Ethical conduct, Federal home loan banks, Financial disclosure, Reporting and recordkeeping requirements. Authority and Issuance Accordingly, for reasons stated in the preamble and under the authority of 12 U.S.C. 4511, 4512, 4513, and 4526, FHFA amends subchapters A, B, and F-M of chapter IX and subchapters A and D of chapter XII of the Code of Federal Regulations as follows: CHAPTER IX—FEDERAL HOUSING FINANCE BOARD SUBCHAPTER A—[REMOVED AND RESERVED] 1. Remove and reserve subchapter A, consisting of part 900. SUBCHAPTER B—[REMOVED AND RESERVED] 2. Remove and reserve subchapter B, consisting of part 906. SUBCHAPTERS F-M—[REMOVED] 3. Remove reserved subchapters F-M, consisting of reserved parts 956 through 999. CHAPTER XII—FEDERAL HOUSING FINANCE AGENCY SUBCHAPTER A—ORGANIZATION AND FUNCTIONS PART 1200—ORGANIZATION AND FUNCTIONS 4. The authority citation for part 1200 continues to read as follows: Authority: 5 U.S.C. 552, 12 U.S.C. 4512, 12 U.S.C. 4526, 44 U.S.C. 3506. 5. In § 1200.4, revise the table in paragraph

(b)to read as follows: § 1200.4 OMB control numbers assigned under the Paperwork Reduction Act.

(b)* * * 12 CFR part or section where identified and described OMB control No. Expiration date 1222.22 2590-0013 07/31/2018 1222.23 2590-0013 07/31/2018 1222.24 2590-0013 07/31/2018 1222.25 2590-0013 07/31/2018 1222.26 2590-0013 07/31/2018 1223.23 2590-0014 07/31/2018 1261.7 2590-0006 02/28/2021 1261.12 2590-0006 02/28/2021 1261.14 2590-0006 02/28/2021 1263.2 2590-0003 03/31/2020 1263.4 2590-0003 03/31/2020 1263.5 2590-0003 03/31/2020 1263.6 2590-0003 03/31/2020 1263.7 2590-0003 03/31/2020 1263.8 2590-0003 03/31/2020 1263.9 2590-0003 03/31/2020 1263.11 2590-0003 03/31/2020 1263.12 2590-0003 03/31/2020 1263.13 2590-0003 03/31/2020 1263.14 2590-0003 03/31/2020 1263.15 2590-0003 03/31/2020 1263.16 2590-0003 03/31/2020 1263.17 2590-0003 03/31/2020 1263.18 2590-0003 03/31/2020 1263.19 2590-0003 03/31/2020 1263.24 2590-0003 03/31/2020 1263.26 2590-0003 03/31/2020 1263.31 2590-0003 03/31/2020 1264.4 2590-0001 12/31/2018 1264.5 2590-0001 12/31/2018 1264.6 2590-0001 12/31/2018 1266.17 2590-0001 12/31/2018 1268.7 2590-0008 02/29/2016 1277.22 2590-0002 04/30/2020 1277.28 2590-0002 04/30/2020 1290.2 2590-0005 03/31/2020 1290.3 2590-0005 03/31/2020 1290.4 2590-0005 03/31/2020 1290.5 2590-0005 03/31/2020 1291.5 2590-0007 03/31/2020 1291.6 2590-0007 03/31/2020 1291.7 2590-0007 03/31/2020 1291.8 2590-0007 03/31/2020 1291.9 2590-0007 03/31/2020 PART 1206—ASSESSMENTS 6. The authority citation for part 1206 continues to read as follows: Authority: 12 U.S.C. 4516. § 1206.3 [Amended] 7. Amend § 1206.3(a)(3) by removing the reference “12 U.S.C. 3645” and adding in its place the reference “12 U.S.C. 4635”. SUBCHAPTER B—ENTITY REGULATIONS PART 1223—MINORITY AND WOMEN INCLUSION 8. The authority citation for part 1223 continues to read as follows: Authority: 12 U.S.C. 4520 and 4526; 12 U.S.C. 1833e; E.O. 11478. § 1223.3 [Amended] 9. Amend § 1223.3(b) by removing the reference “§ 1223.21(b)(6)” and adding in its place the reference “§ 1223.21(b)(9)”. § 1223.21 [Amended] 10. Amend § 1223.21(b)(9) by removing the reference “§ 1207.3(b)” and adding in its place the reference “§ 1223.3(b)”. § 1223.23 [Amended] 11. Amend § 1223.23(b)(20) by removing the reference “§§ 1207.20 and 1207.21” and adding in its place the reference “§§ 1223.20 and 1223.21”. SUBCHAPTER D—FEDERAL HOME LOAN BANKS PART 1261—FEDERAL HOME LOAN BANK DIRECTORS 12. The authority citation for part 1261 continues to read as follows: Authority: 12 U.S.C. 1426, 1427, 1432, 4511 and 4526. § 1261.9 [Amended] 13. Amend § 1261.9(c) introductory text by removing the reference “§ 1207.21(b)(5)” and adding in its place the reference “§ 1223.21(b)(7)”. Dated: August 2, 2018. Melvin L. Watt, Director, Federal Housing Finance Agency. [FR Doc. 2018-16972 Filed 8-8-18; 8:45 am]

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