Unknown. Final rule; technical amendments
4,270 words·~19 min read·
/register/2019/02/08/2019-01193A 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-2019-02-08.xml --- 84 27 Friday, February 8, 2019 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2807 2019-01615 AIRFORCE Air Force Department RULES Civil Disturbance Intervention and Disaster Assistance, 2734-2735 2019-01666 NOTICES Exclusive Patent Licenses; Approvals: VyrticalXpress LLC, 2833 2019-01590 Army Army Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 2833-2834 2019-01598 2019-01671 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Fair Lending Report; December 2018, 2824-2833 2019-01568 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Domestic Victims of Human Trafficking Program, 2873 2019-01691 Youth Empowerment Information, Data Collection, and Exploration on Avoidance of Sex, 2874 2019-01566 Civil Rights Civil Rights Commission NOTICES Invitation for Membership on Advisory Committees, 2810-2811 2019-01574 Meetings:
Illinois Advisory Committee, 2811-2812 2019-01559 New York Advisory Committee, 2809-2810 2019-01567 Ohio Advisory Committee, 2809 2019-01563 Pennsylvania Advisory Committee, 2810 2019-01557 Vermont Advisory Committee, 2808-2809 2019-01587 West Virginia Advisory Committee, 2807-2808 2019-01558 Coast Guard Coast Guard RULES Drawbridge Operations: Industrial Seaway Canal, MS, 2735-2736 2019-01549 Safety Zones: Delaware River Rock Blasting, Marcus Hook, PA, 2736-2738 2019-01602 PROPOSED RULES Marine Transportation-Related Facility Response Plans for Hazardous Substances:
Withdrawal, 2799-2800 2019-01591 Tank Vessel Response Plans for Hazardous Substances: Withdrawal, 2800-2801 2019-01593 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 2823-2824 2019-01650 2019-01657 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds, 2778-2791 2019-00797 Community Living Administration Community Living Administration NOTICES Meetings:
Administration on Intellectual and Developmental Disabilities, President's Committee for People With Intellectual Disabilities, 2874-2875 2019-01698 Comptroller Comptroller of the Currency PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds, 2778-2791 2019-00797 Regulatory Capital Rule: Capital Simplification for Qualifying Community Banking Organizations, 3062-3094 2018-27002 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of Cable Royalty Funds, 2930-2931 2019-01571 Distribution of Satellite Royalty Funds, 2931-2932 2019-01572 Defense Department Defense Department See Air Force Department See Army Department See Engineers Corps Education Department Education Department NOTICES Applications for New Awards:
College Assistance Migrant Program, 2835-2839 2019-01701 High School Equivalency Program, 2839-2843 2019-01700 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Implementing Test Releases From Fort Peck Dam, Montana, 2835 2019-01469 Prado Basin Ecosystem Restoration and Water Conservation Integrated Feasibility Study, Riverside, San Bernardino and Orange Counties, CA, 2834-2835 2019-01649 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Washington; Updates to Materials Incorporated by Reference, 2738-2742 2018-27774 National Emission Standards for Hazardous Air Pollutants: Friction Materials Manufacturing Facilities Residual Risk and Technology Review, 2742-2753 2019-00786 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Louisiana; Attainment Demonstration for the St. Bernard Parish 2010 SO2 Primary National Ambient Air Quality Standard Nonattainment Area;
Supplemental Notice of Proposed Rulemaking, 2801-2804 2018-28171 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Brownfields Program—Accomplishment Reporting, 2862-2863 2019-01539 Requirements for Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest System, 2854-2858 2019-01538 Responsible Appliance Disposal Program, 2853 2019-01536 Approval of the Primacy Revision Application for the Public Water System Supervision Program From the State of Kansas, 2859-2860 2019-01551 Certain Chemicals and Microorganisms;
Premanufacture, Significant New Use, and Exemption Notices: Extension of Review Periods, 2851-2853 2019-01684 Certain New Chemicals or Significant New Uses: Statements of Findings for September 2018, 2861-2862 2019-01535 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 2860-2861 2019-01638 National Compliance Initiatives for Fiscal Years 2020-2023, 2848-2851 2019-01548 Public Hearings: Proposed Determinations of Attainment by the Attainment Date, Extensions of the Attainment Date and Reclassification of Several Areas Classified as Moderate for the 2008 Ozone National Ambient Air Quality Standards;
Reopening of Comment Period, 2858-2859 2019-01562 Receipt of Information Under the Toxic Substances Control Act, 2847-2848 2019-01547 Farm Credit Farm Credit Administration RULES Organization; Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Farmer Mac Investment Eligibility, 2706-2707 2019-01072 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 2707-2709 2019-00858 Engine Alliance Turbofan Engines, 2713-2715 2019-01614 General Electric Company Turbofan Engines, 2709-2713 2019-01589 Airworthiness Directives;
International Aero Engines Turbofan Engines, 2715-2718 2019-01127 Amendment of Class E Airspace; and Revocation of Class E Airspace; Jackman, ME; and Newton Field, ME, 2718-2719 2019-01492 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 2719-2723 2019-01133 2019-01137 PROPOSED RULES Airworthiness Directives: Fokker Services B.V. Airplanes, 2796-2799 2019-01527 Learjet, Inc. Airplanes, 2793-2796 2019-01500 Viking Air Limited (Type Certificate Previously Held by Bombardier, Inc.;
Canadair Limited) Airplanes, 2791-2793 2019-01524 Federal Communications Federal Communications Commission RULES Posting of Station Licenses and Related Information, 2753-2759 2019-01491 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2864-2865 2019-01644 Waivers of Wireline Telephone Volume Control Reset Rules, 2863 2019-01552 Federal Deposit Federal Deposit Insurance Corporation RULES Depository Institution Management Interlocks Act, 2705-2706 2019-01193 PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds, 2778-2791 2019-00797 Regulatory Capital Rule:
Capital Simplification for Qualifying Community Banking Organizations, 3062-3094 2018-27002 NOTICES Terminations of Receiverships, 2865 2019-01542 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2846-2847 2019-01656 Applications: Natural Gas Pipeline Company of America LLC, 2844-2845 2019-01654 Combined Filings, 2843-2846 2019-01652 2019-01653 Complaint: Florida Municipal Power Agency v.
Duke Energy Florida, LLC, 2843 2019-01655 Federal Highway Federal Highway Administration RULES Transfer and Sanction Programs, 2731-2734 2019-01647 NOTICES Federal Agency Actions: Proposed Highway Project in Rhode Island, 2943-2944 2019-01062 Utah; Proposed Highway, 2944-2945 2019-01169 Federal Reserve Federal Reserve System PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds, 2778-2791 2019-00797 Regulatory Capital Rule:
Capital Simplification for Qualifying Community Banking Organizations, 3062-3094 2018-27002 NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 2866 2019-01646 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2866 2019-01645 Privacy Act; Systems of Records, 2866-2868 2019-01639 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2868-2871 2019-01530 Fiscal Fiscal Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Pools and Associations Annual Letter, 2945 2019-01697 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Subsistence Bird Harvest Survey, 2902-2903 2019-01601 Environmental Impact Statements; Availability, etc.: Endangered and Threatened Wildlife and Plants; Incidental Take Permit and Habitat Conservation Plan for the R-Project Transmission Line, 2900-2902 2019-01600 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Sun Protection Factor Labeling and Testing Requirements for Over-the-Counter Sunscreen Drug Products, 2878-2879 2019-01529 Guidance: Public Warning and Notification of Recalls, 2876-2877 2019-01603 Pilot Project Program under the Drug Supply Chain Security Act; Program Announcement, 2879-2883 2019-01561 Requests for Nominations: Industry Organizations Interested in Participating in the Selection Process for Nonvoting Industry Representatives;
Nonvoting Industry Representatives on Public Advisory Committees, 2875-2876 2019-01555 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 2946-2949 2019-01643 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Catalent Pharma Solutions, LLC; Foreign-Trade Zone 193; Clearwater, FL, 2812 2019-01661 Constantia Blythewood, LLC; Foreign-Trade Zone
(FTZ)127; West Columbia, SC, 2812-2813 2019-01664 Microchip Technology, Inc.; Foreign-Trade Zone 75; Phoenix, AZ, 2812 2019-01663 Subzone Applications: Hartland Controls, LLC; Foreign-Trade Zone 271; Jo-Daviess and Carroll Counties, IL, 2812 2019-01662 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application/Permit for Use of Space in Public Buildings and Grounds, 2872-2873 2019-01689 Meetings: Environmental Impact Statement for the San Ysidro Land Port of Entry Improvements Project, San Ysidro, CA, 2871-2872 2019-01690 Health and Human Health and Human Services Department See Children and Families Administration See Community Living Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2884-2888 2019-01595 2019-01596 2019-01597 Meetings: National Vaccine Advisory Committee, 2885-2886 2019-01694 Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030, 2886-2887 2019-01696 Request for Information: Improving Efficiency, Effectiveness, Coordination, and Accountability of HIV and Viral Hepatitis Prevention, Care, and Treatment Programs, 2883-2884 2019-01695 Homeland Homeland Security Department See Coast Guard NOTICES Determination Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 2897-2898 2019-01379 Meetings: DHS Data Privacy and Integrity Advisory Committee, 2898-2899 2019-01682 Homeland Security Advisory Council, 2899-2900 2019-01683 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Submitting Request for Objections From the Section 232 National Security Adjustments of Imports of Aluminum and Steel, 2813 2019-01592 Interior Interior Department See Fish and Wildlife Service See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service RULES Qualified Business Income Deduction, 2952-3014 2019-01025 PROPOSED RULES Qualified Business Income Deduction, 3015-3023 2019-01023 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From the People's Republic of China, 2813-2815 2019-01836 Opportunity To Request Administrative Review, 2816-2819 2019-01660 Meetings: Renewable Energy and Energy Efficiency Advisory Committee, 2815-2816 2019-01560 International Trade Com International Trade Commission NOTICES Complaints: Certain Blood Separation and Cell Preparation Devices, 2927-2928 2019-01573 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Large Residential Washers From Korea and Mexico, 2926 2019-01634 Plastic Decorative Ribbon From China, 2926 2019-01569 Utility Scale Wind Towers From China and Vietnam, 2926-2927 2019-01570 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2928-2930 2019-01599 2019-01670 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annuity Broker Declaration Form, 2928 2019-01621 Labor Department Labor Department See Workers Compensation Programs Office Library Library of Congress See Copyright Royalty Board National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 2932-2933 2019-01543 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration RULES Transfer and Sanction Programs, 2731-2734 2019-01647 PROPOSED RULES Federal Motor Vehicle Safety Standards; Event Data Recorders, 2804-2806 2019-01651 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: SURF Fellow Housing Application, 2819-2820 2019-01554 National Institute National Institutes of Health NOTICES Meetings: Advisory Committee on Research on Women's Health, 2895 2019-01672 Center for Scientific Review, 2896-2897 2019-01673 2019-01674 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2889, 2892-2893, 2019-01579 2019-01580 2019-01581 2019-01582 Fogarty International Center, 2895-2896 2019-01575 National Center for Complementary and Integrative Health, 2888-2891 2019-01576 2019-01577 2019-01578 National Heart, Lung, and Blood Institute, 2893, 2895 2019-01675 2019-01676 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 2896 2019-01677 National Institute of Neurological Disorders and Stroke, 2890-2891, 2893-2895 2019-01678 2019-01679 National Institute on Minority Health and Health Disparities, 2892 2019-01583 National Library of Medicine, 2888-2889, 2891-2892 2019-01584 2019-01585 2019-01586 2019-01680 Office of the Director, 2889-2890 2019-01681 National Oceanic National Oceanic and Atmospheric Administration RULES Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region: Commercial Trip Limit Increase for King Mackerel in the Atlantic Southern Zone, 2759-2760 2019-01234 Fisheries of the Exclusive Economic Zone Off Alaska: Prohibit Directed Fishing for American Fisheries Act Program and Crab Rationalization Program Groundfish Sideboard Limits in the BSAI and GOA, 2723-2731 2019-01665 Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pollock in the Bering Sea and Aleutian Islands, 2776-2777 2019-01218 Fisheries of the Northeastern United States: Magnuson-Stevens Act Provisions; Atlantic Herring Fishery; Adjustment to Atlantic Herring Specifications and Sub-Annual Catch Limits for 2019, 2760-2767 2019-01658 Pacific Island Fisheries: Reclassifying Management Unit Species to Ecosystem Component Species, 2767-2775 2019-01294 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 2820-2823 2019-01604 2019-01605 2019-01606 2019-01609 New England Fishery Management Council, 2821-2822 2019-01637 North Pacific Fishery Management Council, 2820 2019-01608 Pacific Fishery Management Council, 2821 2019-01607 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals National Park Service Watercraft Inspection Decontamination Regional Data-Sharing for Trailered Recreational Boats, 2920 2019-01564 Intent to Repatriate Cultural Items: St. Joseph Museums, Inc., St. Joseph, MO, 2905-2906 2019-01640 Inventory Completion: Department of Interior, Bureau of Reclamation, Upper Colorado Region, Salt Lake City, UT; Museum of New Mexico, Museum of Indian Arts and Culture, Santa Fe, NM; and Arizona State University, School of Human Evolution and Social Change, Tempe, AZ, 2912-2914 2019-01618 Department of the Interior, Bureau of Reclamation, Upper Colorado Region, Salt Lake City, UT, 2917-2918 2019-01620 Department of the Interior, Bureau of Reclamation, Upper Colorado Region, Salt Lake City, UT, and the Museum of Northern Arizona, Flagstaff, AZ, 2922-2923 2019-01619 Fish and Wildlife Service, Anchorage, AK, 2916-2917 2019-01613 Morris Museum, Morristown, NJ, 2904-2905 2019-01611 Oregon Parks and Recreation Department, Salem, OR, and Oregon State University, Department of Anthropology, Corvallis, OR, 2918-2919 2019-01624 Princeton University, Princeton, NJ, 2910-2911 2019-01610 Pueblo Grande Museum, Phoenix, AZ, 2908-2910, 2914-2916, 2924-2925 2019-01625 2019-01626 2019-01629 The State Center Community College District—Fresno City College, Fresno, CA, 2903-2904 2019-01628 U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DC, 2920-2921 2019-01623 Repatriation of Cultural Items: Fish and Wildlife Service, Office of Law Enforcement, Rio Rico, AZ, 2911-2912 2019-01612 George Fox University, Newberg, OR, 2923-2924 2019-01632 New York State Museum, Albany, NY, 2919-2920 2019-01616 San Diego Museum of Man, San Diego, CA, 2906-2907 2019-01617 Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 2914 2019-01627 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 2933-2934 2019-01762 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: United Nuclear Corporation Church Rock Project, 2935-2937 2019-01642 Instrument Sensing Lines, 2934-2935 2019-01556 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Vineyard Wind LLC's Proposed Wind Energy Facility Offshore Massachusetts; Hearings, 2925-2926 2019-01705 Securities Securities and Exchange Commission PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds, 2778-2791 2019-00797 NOTICES Applications: Special Opportunities Fund, Inc. and Bulldog Investors, LLC, 2937-2938 2019-01531 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Credit, LLC, 2938-2941 2019-01553 Social Social Security Administration NOTICES Privacy Act; Matching Program, 2941 2019-01693 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemption: CSX Transportation, Inc. in Bronx County, N.Y., 2942-2943 2019-01641 Eastern Idaho Railroad, LLC in Fremont County, ID, 2943 2019-01633 Temporary Trackage Rights Exemption: The Indiana Rail Road Co.; CSX Transportation, Inc., 2941-2942 2019-01594 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service See United States Mint U.S. Mint United States Mint NOTICES Establish Pricing and Pricing Changes for 2019 United States Mint Numismatic Products, 2949 2019-01636 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Vocational Rehabilitation for Veterans With Service-Connected Disabilities, 2949-2950 2019-01687 Marital Status Questionnaire, 2949 2019-01692 Workers' Workers Compensation Programs Office RULES Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act, 3026-3060 2019-00581 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 2952-3023 2019-01025 2019-01023 Part III Labor Department, Workers Compensation Programs Office, 3026-3060 2019-00581 Part IV Federal Deposit Insurance Corporation, 3062-3094 2018-27002 Federal Reserve System, 3062-3094 2018-27002 Treasury Department, Comptroller of the Currency, 3062-3094 2018-27002 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. 84 27 Friday, February 8, 2019 Rules and Regulations FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 303 and 348 RIN 3064-AE92 Depository Institution Management Interlocks Act AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Final rule; technical amendments. SUMMARY: This final rule is being promulgated in connection with an adjustment of the thresholds for the major assets prohibition of the Depository Institutions Management Interlocks Act (DIMIA) that has been proposed jointly by the FDIC with the Office of the Comptroller of the Currency and the Board of Governors of the Federal Reserve System (collectively, the “Agencies”) through a notice of proposed rulemaking
(NPR)published in the **Federal Register** on January 31, 2019. The FDIC has decided to use this opportunity to make two purely technical corrections to FDIC Regulations, both pertaining to DIMIA implementation, by means of a separate final rule without notice and comment. DATES: The final rule is effective February 8, 2019. FOR FURTHER INFORMATION CONTACT: Karen J. Currie, Senior Examination Specialist, *KCurrie@fdic.gov,* Division of Risk Management Supervision,
(202)898-3981; Mark Mellon, Counsel, *mmellon@fdic.gov,* Legal Division,
(202)898-3884; Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. SUPPLEMENTARY INFORMATION: The FDIC has concluded that good cause exists to publish this rule as final without a period of notice and comment and with an effective date as of the date of its publication in the **Federal Register** because this final rule will only make purely technical corrections and in no way affects or changes any substantive requirements under the DIMIA or its implementing regulation. I. Background The Agencies jointly proposed an adjustment of the thresholds for the major assets prohibition of the DIMIA through a NPR published at 84 FR 604 (Jan. 31, 2019). In addition to an adjustment of the thresholds for the major assets prohibition by means of the NPR, the FDIC will use this opportunity to make two technical corrections to FDIC Regulations, both relevant to DIMIA implementation. The first correction pertains to 12 CFR 303.249 and would remove an erroneous statement. The second pertains to 12 CFR 348.4(i) and would correct a citation. Both technical corrections are explained in further detail below. A. Correct Erroneous Statement in 12 CFR 303.249(c)(3) 12 CFR part 303 of FDIC Regulations pertains to filing procedures. Section 303.249(c)(3) currently states that an applicant seeking an exemption under either § 348.5 or § 348.6 of the FDIC DIMIA regulation needs to provide certain information in connection with an application for an interlocks exemption. The reference to § 348.5 is wrong. This section pertains to the small market share exemption, which was specifically designed by the Federal depository institutions regulatory agencies to be self-executing, that is, an application to the FDIC is not required for the exemption to be effective. 1 The incorrect statement will therefore be removed. 1 See 64 FR at 51676 (Sep. 24, 1999). B. Correct Erroneous Citation in 12 CFR 348.4(i) Section 348.4 pertains to statutory exemptions from the Interlocks Act prohibitions. Section 348.4(i) sets forth the exemption for a management interlock where a director of an unaffiliated depository organization serves as a management official of a diversified savings and loan holding company as that term is defined in section 10(a)(1)(F) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)(F). Section 348.4(i)(3) incorrectly refers to preceding paragraph
(h)when it should refer to paragraph (i). This incorrect citation will therefore be corrected. As noted previously, these two changes to the FDIC Regulations are purely technical, done to correct an erroneous statement and a citation. Since these are merely technical amendments, public notice and comment is unnecessary nor is there any need for a delayed effective date. II. Administrative Procedure Act The Administrative Procedure Act
(APA)does not require an agency to publish a notice of proposed rulemaking in the **Federal Register** if an “agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 2 The FDIC finds that for purposes of making purely technical corrections, good cause exists to not publish a notice of proposed rulemaking in the **Federal Register** and, therefore, is issuing this rule as a final rule. 2 5 U.S.C. 553(b). Section 553(d)(3) of the APA provides that, for good cause found and published with the rule, an agency does not have to comply with the requirement that a substantive rule be published not less than 30 days before its effective date. 3 The final rule will be effective immediately upon its publication in the **Federal Register** . The FDIC invokes the good cause exception to the APA's 30-day publication requirement for the reasons discussed above. 3 5 U.S.C. 553(d)(3). III. Regulatory Analyses A. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* (RFA), requires an agency, in connection with a notice of proposed rulemaking, to prepare an Initial Regulatory Flexibility Analysis describing the impact of the proposed rule on small entities (defined by the Small Business Administration for purposes of the RFA to include banking entities with total assets of $550 million or less) or to certify that the proposed rule would not have a significant economic impact on a substantial number of small entities. The RFA also requires an agency, in connection with a final rule, to prepare a Final Regulatory Flexibility Act
(FRFA)analysis describing the impact of the final rule on small entities. Neither an IRFA nor FRFA is required, however, if the rule is issued under the APA provision allowing the agency to forego notice and comment rulemaking for good cause. Therefore, the FDIC has not prepared either an IRFA or an FRFA in connection with this final rule. Nevertheless, the FDIC notes that the final rule does not impose any burden on small banking entities as it only makes technical corrections to already existing requirements. B. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), the FDIC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget
(OMB)control number. The FDIC reviewed the rule and determined that it does not create any new, or revise any existing, collection of information under section 3504(h) of the Paperwork Reduction Act of 1980. Consequently, no information collection request will be submitted to the OMB for review. C. Small Business Regulatory Enforcement Fairness Act The Office of Management and Budget has determined that the final rule is not a “major rule” within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. L. 104-121). D. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families The FDIC 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, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat. 2681). E. Plain Language Section 722 of the Gramm-Leach-Bliley Act requires the federal banking agencies to use plain language in all final rules published after January 1, 2000. The FDIC has sought to present the final rule in a simple and straightforward manner. F. Riegle Community Development and Regulatory Improvement Act of 1994 Under the Riegle Community Development and Regulatory Improvement Act of 1994, 12 U.S.C. 4802, (RCDRIA), there is a requirement that “[n]ew regulations and amendments to regulations prescribed by a Federal banking agency which impose additional reporting, disclosures, or other new requirements on insured depository institutions shall take effect on the first day of a calendar quarter which begins on or after the date on which the regulations are published in final form” absent a good cause determination by the agency. 4 The final rule imposes no additional reporting, disclosure, or other new requirements on insured depository institutions and therefore is not subject to the effective date requirement in RCDRIA. 4 12 U.S.C. 4802(b). List of Subjects 12 CFR Part 303 Administrative practice and procedure, Bank deposit insurance, Banks, banking, Reporting and recordkeeping requirements, Savings associations. 12 CFR Part 348 Banks, banking, Savings associations. For the reasons stated in the preamble, the Federal Deposit Insurance Corporation amends 12 CFR parts 303 and 348 as follows: PART 303—FILING PROCEDURES 1. The authority citation for part 303 continues to read as follows: Authority: 12 U.S.C. 378, 1464, 1813, 1815, 1817, 1818, 1819(a), (Seventh and Tenth), 1820, 1823, 1828, 1831a, 1831e, 1831o, 1831p-1, 1831w, 1835a, 1843(1), 3104, 3105, 3108, 3207, 5414; 15 U.S.C. 1601-1607. 2. In § 303.249, paragraph (c)(3) is revised to read as follows: § 303.249 Management official interlocks.
(c)* * *
(3)If the applicant is seeking an exemption set forth in § 348.6 of this chapter, a description of the particular exemption which is being requested and a statement of reasons as to why the exemption is applicable. PART 348—MANAGEMENT OFFICIAL INTERLOCKS 3. The authority citation for part 348 continues to read as follows: Authority: 12 U.S.C. 1823(k), 3207. 4. In § 348.4, paragraph (i)(3) is revised to read as follows: § 348.4 Interlocking relationships permitted by statute.
(i)* * *
(3)The FDIC may require that any interlock permitted under this paragraph
(i)be terminated if a change in circumstances occurs with respect to one of the interlocked depository organizations that would have provided a basis for disapproval of the interlock during the notice period. Dated at Washington, DC, on December 18, 2018. By order of the Board of Directors. Valerie Best, Assistant Executive Secretary. [FR Doc. 2019-01193 Filed 2-7-19; 8:45 am]
Connectionstraces to 9
Traces to 9 documents
U.S. Code
- Regulation of holding companies§ 1467a
- Rule making§ 553
- Definitions§ 601
- Administrative consideration of burden with new regulations§ 4802
- Dealers in securities engaging in banking business; individuals or associations engaging in banking business; examinations and reports; penalties§ 378
- Corporation monies§ 1823
public-private-law
6 references not yet in our index
- 12 CFR 303
- 44 USC 3501-3521
- Pub. L. 104-121
- Pub. L. 105-277
- 12 CFR 348
- 15 USC 1601-1607
Citation graph
cites case law
Unknown
Final rule; technical amendments
Cite12 CFR 303
Cite44 USC 3501-3521
Pub. L.Pub. L. 104-121
Cites 15 · showing 12Cited by 0 across 0 sources