Unknown. Final rules

5,889 words·~27 min read·/register/2018/12/28/2018-28267

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-2018-12-28.xml --- 83 248 Friday, December 28, 2018 Contents Agriculture Agriculture Department See Rural Housing Service See Rural Utilities Service See The U.S. Codex Office AIRFORCE Air Force Department NOTICES Meetings: Scientific Advisory Board, 67238-67239 2018-28205 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Oil and Gas and Sulfur Operations in the Outer Continental Shelf:

Request for Information Regarding Potential Impacts of Decommissioning-in-Place of Pipeline-Related Infrastructure in Deepwater, 67343-67345 2018-28304 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Correction, 67083-67094 2018-28348 End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program

(CBP)and Fee Schedule Amounts, and Technical Amendments To Correct Existing Regulations Related to the CBP for Certain DMEPOS; Correction, 67082-67083 2018-28347 Children Children and Families Administration NOTICES Meetings: Office of Trafficking in Persons, 67286-67287 2018-28264 Coast Guard Coast Guard RULES Safety Zones: Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL, 67074, 67081-67082 2018-28138 2018-28162 Fireworks Displays in the Fifth Coast Guard District, 67079 2018-28246 Lower Mississippi River, Mile Markers 99.3 to 100.3 Above Head of Passes, New Orleans, LA, 67075-67076 2018-28230 Sacramento New Year's Eve Fireworks Display, Sacramento River, Sacramento, CA, 67077-67079 2018-28146 Spa Creek, Annapolis, MD, 67079-67081 2018-28245 NOTICES Random Drug Testing Rate for Covered Crewmembers for 2019, 67325-67326 2018-28231 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67213-67222 2018-28164 Comptroller Comptroller of the Currency RULES Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks, 67033-67035 2018-28267 Corporation Corporation for National and Community Service RULES Annual Civil Monetary Penalties Inflation Adjustment, 67096-67098 2018-28266 Defense Department Defense Department See Air Force Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67239 2018-28223 Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances: Temporary Placement of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 in Schedule I, 67166-67171 2018-28110 NOTICES Established Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2019, 67348-67354 2018-28108 Education Department Education Department NOTICES Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program; Grants to State Entities, 67241-67250 2018-28284 Employee Benefits Employee Benefits Security Administration NOTICES Proposed Exemptions From Certain Prohibited Transaction Restrictions, 67654-67676 2018-28091 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: H-1B Technical Skills Training and Jobs and Innovation Accelerator Challenge Grants, 67356-67357 2018-28242 Short-Time Compensation Grants, 67357-67358 2018-28243 Transmittal for Unemployment Insurance Materials, 67354-67355 2018-28224 Unemployment Compensation for Ex-Servicemembers, 67355-67356 2018-28244 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Disposition of Depleted Uranium Oxide Conversion Product Generated From DOE's Inventory of Depleted Uranium Hexafluoride, 67250-67251 2018-28249 Study on Macroeconomic Outcomes of LNG Exports: Response to Comments Received on Study; Jordan Cove Energy Project, LP, et al., 67251-67273 2018-28238 Engineers Engineers Corps PROPOSED RULES Definition of Waters of the United States: Public Hearing, 67174-67175 2018-28296 NOTICES Environmental Impact Statements; Availability, etc.: Chicago Area Waterway System Dredged Material Management Plan Study, Chicago, IL, 67240-67241 2018-28344 Selection of the Ten Pilot Projects Pursuant to the Water Resources Development Act, Beneficial Use of Dredged Material, 67239-67240 2018-28306 Environmental Protection Environmental Protection Agency PROPOSED RULES Definition of Waters of the United States: Public Hearing, 67174-67175 2018-28296 NOTICES Access to Confidential Business Information by Chemical Abstracts Service, 67284 2018-28302 Access to Confidential Business Information by Science Applications International Corporation, 67283 2018-28293 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 67282 2018-28208 Meetings: Environmental Modeling Public Meeting, 67282-67283 2018-28308 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 67036-67038, 67049-67053 2018-26533 2018-28067 The Boeing Company Airplanes, 67038-67049 2018-28075 2018-28077 Amendment of Class E Airspace: Atqasuk, AK, 67053-67055 2018-28086 Nuiqsut, AK; Perryville, AK; Pilot Point, AK; and Point Lay, AK, 67057-67059 2018-28085 Amendment of VOR Federal Airways V-170 and V-219: Vicinity of Fairmont, MN, 67056-67057 2018-28111 Establishment of Class E Airspace and Amendment of Class D and Class E Airspace: Olympia, WA, 67059-67060 2018-28098 Establishment of Class E Airspace: Engelhard, NC, 67055-67056 2018-28087 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 67156-67160 2018-27428 2018-28079 Dassault Aviation Airplanes, 67155-67156 2018-27430 Amendment of Area Navigation

(RNAV)Route T-299, and Establishment of T 318 and T-360: Eastern United States, 67160-67162 2018-28105 Amendment of VOR Federal Airway V-18: Vicinity of Talladega, AL, 67165-67166 2018-28107 Amendment of VOR Federal Airways V-115, V-184, V-188, and V-542: Vicinity of Tidioute, PA, 67163-67165 2018-28104 Removal of Jet Route J-147: Eastern United States, 67162-67163 2018-28154 Federal Communications Federal Communications Commission RULES Regulation of Business Data Services for Rate-of-Return Local Exchange Carriers; Business Data Services in an Internet Protocol Environment; Special Access for Price Cap Local Exchange Carriers, 67098-67123 2018-27528 PROPOSED RULES Earth Stations in Motion to Include Non-Geostationary-Satellite Orbit Satellite Systems, 67180-67185 2018-27974 Federal Deposit Federal Deposit Insurance Corporation RULES Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks, 67033-67035 2018-28267 PROPOSED RULES Company-Run Stress Testing Requirements for FDIC-Supervised State Nonmember Banks and State Savings Associations, 67149-67155 2018-27824 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 67094-67096 2018-28151 2018-28153 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Urban Search and Rescue Response System, 67329-67330 2018-28353 Emergency and Related Determinations: Alaska, 67330 2018-28147 Flood Hazard Determinations; Changes, 67326-67328, 67332-67334 2018-28149 2018-28150 Major Disaster and Related Determinations: Connecticut, 67328-67329 2018-28148 Major Disaster Declarations: Alabama; Amendment No. 1, 67326 2018-28166 California; Amendment No. 2, 67329 2018-28144 Proposed Flood Hazard Determinations, 67330-67332 2018-28168 Federal Energy Federal Energy Regulatory Commission RULES Elimination of Form 80 and Revision of Regulations on Recreational Opportunities and Development at Licensed Hydropower Projects, 67060-67069 2018-28250 NOTICES Combined Filings, 67273-67274, 67276-67277, 67279-67280 2018-28254 2018-28256 2018-28262 Determinations of Qualifying Conduit Hydropower Facilities: Upcountry LLC, 67280-67281 2018-28258 Environmental Assessments; Availability, etc.: Algonquin Gas Transmission, LLC; Yorktown M and R Replacement & Reliability Project, 67274-67276 2018-28257 Hydroelectric Applications: Lassen Research, 67281-67282 2018-28263 Yuba County Water Agency, 67279 2018-28251 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Marengo Battery Storage, LLC, 67278-67279 2018-28261 Institution of Section 206 Proceedings: Exelon Generation Company, LLC, 67278 2018-28255 Michigan Electric Transmission Co., LLC, 67273 2018-28253 Requests Under Blanket Authorizations: Equitrans, L.P., 67277-67278 2018-28259 Federal Motor Federal Motor Carrier Safety Administration RULES Fees for the Unified Carrier Registration Plan and Agreement, 67124-67131 2018-28170 NOTICES California's Meal and Rest Break Rules for Commercial Motor Vehicle Drivers; Petition for Determination of Preemption, 67470-67480 2018-28325 Federal Railroad Federal Railroad Administration NOTICES Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2019, 67480-67481 2018-28290 Request for Positive Train Control Safety Plan Approval and System Certification: National Railroad Passenger Corp., 67481 2018-28317 Federal Reserve Federal Reserve System RULES Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks, 67033-67035 2018-28267 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67285-67286 2018-28204 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 67284-67285 2018-28299 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 67284 2018-28297 Financial Crimes Financial Crimes Enforcement Network NOTICES Requests for Nominations: Bank Secrecy Act Advisory Group, 67487 2018-28178 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Threatened Species Status for Trispot Darter, 67131-67140 2018-27971 PROPOSED RULES Endangered and Threatened Species: Designation of Critical Habitat for Trispot Darter, 67190-67210 2018-27976 Section 4(d) Rule for Trispot Darter, 67185-67189 2018-27977 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Quantitative Testing for the Development of Food and Drug Administration Communications, 67300-67301 2018-28252 Medical Device User Fee Cover Sheet, 67287-67288 2018-28220 Medical Devices; Shortages Data Collection System, 67298-67299 2018-28235 Determinations of Regulatory Review Periods for Purposes of Patent Extensions: PARSABIV, 67293-67295 2018-28221 RUBRACA, 67290-67292 2018-28217 RYDAPT, 67295-67296 2018-28216 XERMELO, 67296-67298 2018-28218 Guidance: International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products; Stability Testing of New Veterinary Drug Substances and Medicinal Products in Climatic Zones III and IV, 67289-67290 2018-28219 Product-Specific Guidance for Linaclotide, 67292-67293 2018-28213 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67306-67307 2018-28227 Findings of Research Misconduct, 67305-67306 2018-28139 Health Resources Health Resources and Services Administration NOTICES Meetings: National Advisory Council on Nurse Education and Practice, 67301 2018-28292 National Vaccine Injury Compensation Program: List of Petitions Received, 67301-67305 2018-28280 2018-28136 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Rescinding Department of Homeland Security Acquisition Regulation Clause Regarding Small Business Subcontracting Plan Reporting, 67123-67124 2018-28142 Housing Housing and Urban Development Department NOTICES Privacy Act; Matching Programs, 67334-67337 2018-28361 Indian Health Indian Health Service NOTICES Funding Opportunities: 4-in-1 Grant Programs, 67307-67315 2018-28301 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: A Needs Assessment of Programs, Services, and Operations of Tribal Archives, Libraries, and Museums, 67364-67365 2018-27652 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service PROPOSED RULES Freedom of Information Act, 67175-67180 2018-27561 Internal Revenue Internal Revenue Service PROPOSED RULES Certain Hybrid Arrangements, 67612-67651 2018-27714 Investing in Qualified Opportunity Funds; Correction, 67171 2018-28207 Limitation on Deduction for Business Interest Expense, 67490-67610 2018-26257 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China, 67228 2018-28241 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China, 67222-67226 2018-28239 Drawn Stainless Steel Sinks From the People's Republic of China, 67226-67228 2018-28279 Multilayered Wood Flooring From the People's Republic of China, 67229-67233 2018-28240 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Nicotine Delivery Systems and Components Thereof; Correction, 67345 2018-28176 Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies, 67346-67348 2018-28175 Certain LED Devices, LED Power Supplies, and Components Thereof, 67345-67346 2018-28174 Judicial Conference Judicial Conference of the United States NOTICES Hearings: Judicial Conference Advisory Committee on the Federal Rules of Evidence, 67348 2018-28160 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Labor Statistics Bureau See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The Study of the Great Recession and the Unemployment Insurance System in the 21st Century, 67359-67360 2018-28310 Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 67358-67359 2018-28321 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67360-67361 2018-28222 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Forest Management Decision Protest Process and Log Export and Substitution, 67338-67339 2018-28288 Environmental Impact Statements; Availability, etc.: Coastal Plain Oil and Gas Leasing Program and Announcement of Public Subsistence-Related Hearings, 67337-67338 2018-28049 Meetings: Lake Pleasant Expansion Area, Arizona, 67338 2018-28287 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67362-67364 2018-28152 Intent To Grant Partially Exclusive Term Licenses, 67362 2018-28145 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: Center for Scientific Review, 67315-67318 2018-28333 2018-28342 National Eye Institute, 67323 2018-28338 National Heart, Lung, and Blood Institute, 67318-67320 2018-28328 2018-28340 National Human Genome Research Institute, 67316-67317 2018-28330 National Institute of Allergy and Infectious Diseases, 67320 2018-28341 National Institute of Biomedical Imaging and Bioengineering, 67320 2018-28337 National Institute of Mental Health, 67322 2018-28331 National Institute of Neurological Disorders and Stroke, 67318-67319, 67321 2018-28327 2018-28339 National Institute on Aging, 67319 2018-28335 National Institute on Alcohol Abuse and Alcoholism, 67320-67321 2018-28332 National Institute on Deafness and Other Communication Disorders, 67319 2018-28329 National Library of Medicine, 67317 2018-28334 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 67140-67142 2018-28336 Fisheries of the Exclusive Economic Zone Off Alaska: Inseason Adjustment to the 2019 Bering Sea and Aleutian Islands Pollock, Atka Mackerel, and Pacific Cod Total Allowable Catch Amounts, 67144-67148 2018-28214 Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Central Regulatory Area of the Gulf of Alaska, 67143-67144 2018-28367 Fisheries of the Northeastern United States: Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels, 67142 2018-28247 Summer Flounder Fishery; 2018 Commercial Quota Harvested for the State of Rhode Island, 67142-67143 2018-28215 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67233-67237 2018-28209 2018-28210 2018-28211 2018-28212 Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 67237 2018-28234 New England Fishery Management Council, 67233-67235 2018-28232 2018-28233 U.S. Coral Reef Task Force, 67235 2018-28360 Whaling Provisions: Aboriginal Subsistence Quotas, 67237-67238 2018-28163 National Park National Park Service NOTICES Meetings: Native American Graves Protection and Repatriation Review Committee, 67341 2018-28276 Paterson Great Falls National Historical Park Advisory Commission, 67340-67341 2018-28275 National Register of Historic Places: Pending Nominations and Related Actions, 67341-67343 2018-28229 2018-28236 Requests for Nominations: Native American Graves Protection and Repatriation Review Committee, 67339-67340 2018-28274 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 67365 2018-28406 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions: Exelon Generation Company, LLC Oyster Creek Nuclear Generating Station, 67365-67372 2018-28202 2018-28203 National Intelligence Office of the Director of National Intelligence PROPOSED RULES Privacy Act; Systems of Records, 67172-67174 2018-26048 Pension Benefit Pension Benefit Guaranty Corporation RULES Adjustment of Civil Penalties for Inflation, 67073-67074 2018-28177 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 67373 2018-28289 Postal Service Postal Service NOTICES Product Changes: Parcel Return Service Negotiated Service Agreement, 67373-67374 2018-28158 2018-28159 Parcel Select and Parcel Return Service Negotiated Service Agreement, 67374 2018-28188 Priority Mail Express Negotiated Service Agreement, 67373-67374 2018-28157 Priority Mail Negotiated Service Agreement, 67374 2018-28156 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67212-67213 2018-28226 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67213 2018-28225 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67408, 67416-67417 2018-28315 2018-28316 Applications: AQR Trust and AQR Capital Management, LLC, 67438-67443 2018-28291 2018-28300 Hercules Capital, Inc., 67447-67451 2018-28318 MIAX EMERALD, LLC, 67421-67438 2018-28179 TigerShares Trust, et al., 67417-67418 2018-28200 Meetings: Fixed Income Market Structure Advisory Committee, 67396-67397 2018-28314 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 67443-67445 2018-28199 Chicago Stock Exchange, Inc., 67376-67390 2018-28193 Financial Industry Regulatory Authority, Inc., 67408-67416 2018-28198 ICE Clear Credit LLC, 67445-67447 2018-28186 ICE Clear Europe Limited, 67451-67452 2018-28189 Miami International Securities Exchange LLC, 67390, 67394-67395 2018-28185 2018-28197 MIAX PEARL, LLC, 67452-67455 2018-28184 Nasdaq ISE, LLC, 67440-67441 2018-28194 New York Stock Exchange LLC, 67395-67396, 67455-67458 2018-28190 2018-28196 NYSE Arca, Inc., 67397-67405 2018-28182 2018-28195 NYSE National, Inc., 67390-67392, 67405-67408 2018-28183 2018-28192 The Depository Trust Co., 67418-67421 2018-28191 The Nasdaq Stock Market LLC, 67374-67376 2018-28181 The Options Clearing Corp., 67392-67394 2018-28180 Small Business Small Business Administration NOTICES Conflicts of Interest; Exemptions: Ballast Point Ventures III, LP, 67458-67459 2018-28313 Graycliff Mezzanine III (SBIC), L.P., 67458 2018-28312 Plexus Fund IV-C, L.P., 67459 2018-28309 Disaster Declarations: Oklahoma; Administrative, 67458 2018-28323 Interest Rates, 67459 2018-28307 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Identifying Witness, 67459-67460 2018-28201 Culturally Significant Objects Imported for Exhibition: Visiting Masterpiece: Juan de Mesa's Saint Louis of France, 67460 2018-28228 Global Magnitsky Human Rights Accountability Act Annual Report, 67460-67463 2018-28311 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67323-67325 2018-28278 Codex The U.S. Codex Office NOTICES Meetings: Codex Committee on Fats and Oils, 67211-67212 2018-28187 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 67463-67468 2018-28277 Public Hearings: 2019 Special 301 Review, 67468-67470 2018-28319 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67484-67487 2018-28237 Federal Agency Actions: Texas; Proposed Highway Projects, 67481-67484 2018-27698 Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Quarterly Dealer Agenda Survey, 67487-67488 2018-28286 Customs U.S. Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 67069-67073 2018-28141 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67361-67362 2018-28248 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 67490-67610 2018-26257 Part III Treasury Department, Internal Revenue Service, 67612-67651 2018-27714 Part IV Labor Department, Employee Benefits Security Administration, 67654-67676 2018-28091 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. 83 248 Friday, December 28, 2018 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 4 [Docket ID OCC-2018-0014] RIN 1557-AE37 FEDERAL RESERVE SYSTEM 12 CFR Parts 208 and 211 [Docket No. R-1615] RIN 7100-AF09 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 337 and 347 RIN 3064-AE76 Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks AGENCY: Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC). ACTION: Final rules. SUMMARY: On August 29, 2018, the OCC, Board, and FDIC (collectively, the agencies) issued interim final rules that were effective immediately to implement section 210 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (Economic Growth Act), which was enacted on May 24, 2018. The agencies are now adopting the interim final rules as final without change. The interim final rules and final rules implement section 210 of the Economic Growth Act, which amended section 10(d) of the Federal Deposit Insurance Act (FDI Act) to permit the agencies to examine qualifying insured depository institutions

(IDIs)with under $3 billion in total assets not less than once during each 18-month period. In addition, these final rules adopt as final the parallel changes to the agencies' regulations governing the on-site examination cycle for U.S. branches and agencies of foreign banks, consistent with the International Banking Act of 1978 (IBA). DATES: These final rules are effective on January 28, 2019. FOR FURTHER INFORMATION CONTACT: *OCC:* Enice Thomas, Senior Advisor to Senior Deputy Comptroller, Midsize and Community Bank Supervision,

(202)649-5420; and Deborah Katz, Assistant Director, Melissa J. Lisenbee, Senior Attorney, or Christopher Rafferty, Attorney, Chief Counsel's Office,

(202)649-5490; for persons who are deaf or hearing impaired, TTY,

(202)649-5597. *Board:* Division of Supervision and Regulation—Richard Naylor, Associate Director,

(202)728-5854; Jonathan Rono, Manager,

(202)721-4568; Assetou Traore, Supervisory Financial Analyst,

(202)974-7066; Virginia Gibbs, Manager,

(202)452-2521; or Alexander Kobulsky, Supervisory Financial Analyst,

(202)452-2031; and Legal Division—Laurie Schaffer, Associate General Counsel,

(202)452-2277; Victoria Szybillo, Senior Counsel,

(202)475-6325; or Mary Watkins, Senior Attorney,

(202)452-3722. *FDIC:* Policy Branch Division of Risk Management and Supervision—Thomas F. Lyons, Chief, Policy and Program Development,

(202)898-6850, *tlyons@FDIC.gov;* Karen J. Currie, Senior Examination Specialist,

(202)898-3981, Policy and Program Development, Division of Risk Management Supervision; Legal Division—Suzanne J. Dawley, Counsel,

(202)898-6509; or Gregory S. Feder, Counsel,

(202)898-8724. SUPPLEMENTARY INFORMATION: I. Background Section 210 of the Economic Growth Act 1 amended section 10(d) of the FDI Act 2 to permit the agencies to examine qualifying IDIs (generally, those IDIs that are well capitalized and well managed) with under $3 billion in total assets not less than once during each 18-month period, rather than not less than once during each 12-month period. Prior to the enactment of the Economic Growth Act, only qualifying IDIs with under $1 billion in total assets were eligible for an 18-month on-site examination cycle. 3 1 Public Law 115-174, 132 Stat. 1296 (2018). 2 12 U.S.C. 1820(d). 3 *See* section 83001 of the Fixing America's Surface Transportation Act (the FAST) Act, enacted on December 4, 2015. Public Law 114-94, 129 Stat. 1312 (permitting the agencies to examine qualifying IDIs with under $1 billion in total assets not less than once during each 18-month period). The agencies published interim final rules implementing the FAST Act amendments in February 2016, and final rules in December 2016. *See* 81 FR 10069 (Feb. 29, 2016) and 81 FR 90949 (Dec. 16. 2016), respectively, codified at 12 CFR 4.6 and 4.7 (OCC), 12 CFR 208.64 and 211.26 (Board), 12 CFR 337.12 and 347.211 (FDIC). On August 29, 2018, the agencies issued interim final rules to implement the Economic Growth Act's amendments to sections 10(d)(4) and 10(d)(10) of the FDI Act 4 that allow qualifying IDIs with under $3 billion in total assets to benefit from the extended 18-month examination cycle. In addition, the interim final rules made parallel changes to the agencies' regulations governing the on-site examination cycle for U.S. branches and agencies of foreign banks, consistent with the IBA. 5 4 12 U.S.C. 1820(d)(4) and 1820(d)(10). 5 12 U.S.C. 3105(c)(1)(C). Section 10(d)(1) of the FDI Act 6 generally requires the appropriate Federal banking agency for an IDI 7 to conduct a full-scope, on-site examination of an IDI at least once during each 12-month period. With the enactment of section 210 of the Economic Growth Act, section 10(d)(4) of the FDI Act authorizes the appropriate Federal banking agency to extend the on-site examination cycle for an IDI to at least once during an 18-month period if the IDI

(1)has total assets of less than $3 billion;

(2)is well capitalized (as defined in 12 U.S.C. 1831o (prompt corrective action));

(3)was found, at its most recent examination, to be well managed 8 and to have a composite condition of “outstanding” or, in the case of an IDI with total assets of not more than $200 million, “outstanding” or “good;”

(4)is not subject to a formal enforcement proceeding or order by the FDIC or its appropriate Federal banking agency; and

(5)has not undergone a change in control during the previous 12-month period in which a full-scope, on-site examination otherwise would have been required. The Economic Growth Act also amended section 10(d)(10) of the FDI Act to give each appropriate Federal banking agency discretionary authority to extend eligibility for an 18-month examination cycle, by regulation, to qualifying IDIs with an “outstanding” or “good” composite condition and total assets not greater than $3 billion, if the agency determines that this amount would be consistent with the principles of safety and soundness for IDIs. 9 6 12 U.S.C. 1820(d)(1). 7 The Board, FDIC, or OCC. *See* 12 U.S.C. 1813(q). 8 IDIs are evaluated under the Uniform Financial Institutions Rating System (commonly referred to as CAMELS). CAMELS is an acronym that is drawn from the first letters of the individual components of the rating system: *C* apital adequacy, *A* sset quality, *M* anagement, *E* arnings, *L* iquidity, and *S* ensitivity to market risk. CAMELS ratings of “1” and “2” correspond with ratings of “outstanding” and “good,” respectively. In addition to having a CAMELS composite rating of “1” or “2,” an IDI is considered to be “well managed” for the purposes of section 10(d) of the FDI Act *only* if the IDI also received a rating of “1” or “2” for the management component of the CAMELS rating at its most recent examination. *See* 72 FR 17798 (Apr. 10, 2007). 9 The Board and the FDIC, as the appropriate Federal banking agencies for State-chartered insured banks and savings associations, are permitted to conduct on-site examinations of such IDIs on alternating 12-month or 18-month periods with an IDI's State supervisor, if the Board or FDIC, as appropriate, determines that the alternating examination conducted by the State carries out the purposes of section 10(d) of the FDI Act. 12 U.S.C. 1820(d)(3). In addition, section 7(c)(1)(C) of the IBA provides that a Federal or a State branch or agency of a foreign bank shall be subject to on-site examination by its appropriate Federal banking agency or State bank supervisor as frequently as a national or State bank would be subject to such an examination by the agency. II. Description of the Final Rules The agencies received three comment letters addressing the interim final rules, two from trade associations and one from a multi-bank financial holding company. All three letters were supportive of the interim final rules. After considering the comments on the interim final rules, the agencies are adopting the interim final rules as final without change. The final rules, like the interim final rules implement section 10(d)(4) of the FDI Act to increase, from $1 billion to $3 billion, the total asset threshold under which an agency may apply an 18-month on-site examination cycle for qualified IDIs that have an “outstanding” composite rating. The agencies also are exercising their discretionary authority under section 10(d)(10) of the FDI Act to extend eligibility for an 18-month examination cycle, by regulation, to qualifying IDIs with an “outstanding” or “good” composite rating with total assets under $3 billion. The agencies have determined that increasing the maximum asset amount limitation for qualifying IDIs with less than $3 billion in total assets is consistent with the principles of safety and soundness. In determining whether the reduction in examination frequency is consistent with the principles of safety and soundness for such IDIs, the agencies considered several factors. The agencies acknowledge that extending the examination cycle could make it more likely that there will be a delay in an agency's ability to detect deterioration in an IDI's performance. However, the agencies believe that extending the examination cycle from 12 months to 18 months for these small IDIs with relatively simple risk profiles should not appreciably increase their risk of financial deterioration or failure. In addition, the agencies will continue their off-site monitoring activities and have the ability to examine IDIs more frequently as necessary or appropriate. The agencies also note that, in order to qualify for an 18-month examination cycle, any IDI with total assets under $3 billion—including one with a composite rating of “good”—must meet the other capital, managerial, and supervisory criteria set forth in section 10(d) of the FDI Act and the agencies' implementing regulations. Considering the agencies' off-site monitoring activities; their discretion to examine IDIs more frequently as necessary; and the capital, managerial, and supervisory criteria in section 10(d) of the FDI Act, the agencies believe that increasing the maximum asset amount limitation for IDIs from less than $1 billion to less than $3 billion is consistent with the principles of safety and soundness. Additionally, the agencies expect that this increase will allow the agencies to better focus their supervisory resources on the IDIs and U.S. branches and agencies of foreign banks (collectively, financial institutions) that may present capital, managerial, or other issues of supervisory concern, and therefore, the final rules have the potential to enhance safety and soundness collectively for all financial institutions. The agencies will continue to monitor financial institutions in this asset range between examinations and the impact of the extended examination cycle. In accordance with section 7(c)(1)(C) of the IBA, the agencies also are finalizing conforming changes to their regulations governing the on-site examination cycle for the U.S. branches and agencies of foreign banks. For the same reasons as discussed above with respect to qualifying IDIs, the agencies believe that extending similar treatment to qualifying U.S. branches and agencies of foreign banks is consistent with the principles of safety and soundness. Based on data available at publication, the agencies estimate that the number of banks and savings associations that may qualify for an extended 18-month examination cycle increased by approximately 430 (241 of which are supervised by the FDIC, 99 by the OCC, and 90 by the Board), bringing the total number to 4,706 banks and savings associations since the interim rules took effect. 10 Approximately 30 U.S. branches and agencies of foreign banks would be eligible for the extended examination cycle based on the final rules (2 of which are supervised by the FDIC, 8 by the OCC, and 20 by the Board). 11 10 Call Report data, Sept. 30, 2018. 11 *Id.* For all the reasons described above, the agencies are adopting the interim final rules as final without change. Effective Date The Administrative Procedure Act

(APA)generally requires that a final rule be published in the **Federal Register** no less than 30 days before its effective date. 12 Therefore, the final rules will become effective on January 28, 2019. The interim final rules will continue to be in effect until the final rules become effective. 12 5 U.S.C. 553(d). Section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) requires that each Federal banking agency, in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosures, or other requirements on IDIs, consider, consistent with the principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations. 13 Further, new regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form. 14 The RCDRIA does not apply to the final rules because the rules do not impose any additional reporting, disclosures, or other new requirements on IDIs. 13 12 U.S.C. 4802(a). 14 12 U.S.C. 4802(b). III. Use of Plain Language Section 722 of the Gramm-Leach-Bliley Act 15 requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The agencies' staff believe the final rules are presented in a simple and straightforward manner. Having received no comments with respect to making the interim final rules easier to understand, the agencies are adopting the final rules without change. 15 Public Law 106-102, section 722, 113 Stat. 1338, 1471 (1999). IV. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)16 requires an agency to consider whether the rules it proposes will have a significant economic impact on a substantial number of small entities. 17 The RFA applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). As discussed in the joint interim final rules, consistent with section 553(b)(B) of the APA, the agencies determined for good cause that general notice and opportunity for public comment was unnecessary, and therefore the agencies did not issue a notice of proposed rulemaking. Accordingly, the agencies have concluded that the RFA's requirements relating to initial and final regulatory flexibility analysis do not apply. Further, the agencies note that no small entities, as defined by the Small Business Administration's rules implementing the RFA, will be affected by the final rules' increased asset thresholds. 16 5 U.S.C. 601 *et seq.* 17 Under regulations issued by the Small Business Administration, a small entity includes a depository institution, bank holding company, or savings and loan holding company with total assets of $550 million or less and trust companies with total assets of $38.5 million or less. V. Paperwork Reduction Act The Paperwork Reduction Act of 1995 18 states that no agency may conduct or sponsor, nor is the respondent required to respond to, an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. Because the final rules do not create a new, or revise an existing, collection of information, no information collection request submission needs to be made to the OMB. 18 44 U.S.C. 3501-3521. VI. OCC Unfunded Mandates Reform Act of 1995 Determination Consistent with section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA), before promulgating any final rule for which a general notice of proposed rulemaking was published, the OCC prepares an economic analysis of the final rules. Because the OCC determined that the publication of a general notice of proposed rulemaking was unnecessary, the OCC has not prepared an economic analysis of the joint final rules under UMRA. List of Subjects 12 CFR Part 4 Administrative practice and procedure, Freedom of information, Individuals with disabilities, Minority businesses, Organization and functions (Government agencies), Reporting and recordkeeping requirements, Women. 12 CFR Part 208 Accounting, Agriculture, Banks, banking, Confidential business information, Crime, Currency, Federal Reserve System, Flood insurance, Mortgages, Reporting and recordkeeping requirements, Safety and soundness, Securities. 12 CFR Part 211 Exports, Federal Reserve System, Foreign banking, Holding companies, Investments, Reporting and recordkeeping requirements. 12 CFR Part 337 Banks, banking, Reporting and recordkeeping requirements, Savings Associations. 12 CFR Part 347 Authority delegations (Government agencies), Bank deposit insurance, Banks, banking, Credit, Foreign banking, Investments, Reporting and recordkeeping requirements, U.S. investments abroad. Office of the Comptroller of the Currency 12 CFR Chapter I PART 4—ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION, CONTRACTING OUTREACH PROGRAM, POST-EMPLOYMENT RESTRICTIONS FOR SENIOR EXAMINERS The interim final rule amending 12 CFR part 4 of chapter I, title 12 of the Code of Federal Regulations, which was published at 83 FR 43961 on August 29, 2018, is adopted as a final rule without change. FEDERAL RESERVE SYSTEM 12 CFR Chapter II PART 208—MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL RESERVE SYSTEM (REGULATION H) PART 211—INTERNATIONAL BANKING OPERATIONS (REGULATION K) The interim final rule amending parts 208 and 211 of chapter II, title 12 of the Code of Federal Regulations, which was published at 83 FR 43961 on August 29, 2018, is adopted as a final rule without change. FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Chapter III PART 337—UNSAFE AND UNSOUND BANK PRACTICES PART 347—INTERNATIONAL BANKING The interim final rule amending parts 337 and 347 of chapter III of title 12 of the Code of Federal Regulations, which was published at 83 FR 43961 on August 29, 2018, is adopted as a final rule without change. Dated: December 13, 2018. Joseph M. Otting, Comptroller of the Currency. By order of the Board of Governors of the Federal Reserve System. Ann E. Misback, Secretary to the Board. Dated at Washington, DC, on December 18, 2018. By order of the Board of Directors. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary. [FR Doc. 2018-28267 Filed 12-27-18; 8:45 am]

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