Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2019-07-01.xml --- 84 126 Monday, July 1, 2019 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Toxicological Profiles: Tetrachloroethylene and Trichloroethylene, 31321 2019-13980 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31287 2019-13971 Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 31287-31288 2019-14013 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Elimination of Certain Standards of Fill for Distilled Spirits;

Amendment of Malt Beverage Net Contents Labeling Regulation, 31264-31273 2019-13767 Elimination of Certain Standards of Fill for Wine, 31257-31264 2019-13768 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31308-31309 2019-13974 Census Bureau Census Bureau NOTICES Current Mandatory Business Surveys, 31291-31293 2019-13967 Centers Disease Centers for Disease Control and Prevention NOTICES Partnership Opportunity to Develop New Designs of Powered Air-Purifying Respirators for Healthcare Workers, 31321-31323 2019-13958 Children Children and Families Administration NOTICES Funding Announcement:

BCFS Health and Human Services under the Standing Announcement for Residential (Shelter) Services for Unaccompanied Alien Children, 31323 2019-13992 Civil Rights Civil Rights Commission NOTICES Meetings: Pennsylvania Advisory Committee, 31290 2019-13917 West Virginia Advisory Committee, 31290-31291 2019-13918 Wyoming Advisory Committee, 31291 2019-13940 Coast Guard Coast Guard RULES Safety Zone: Canalside 4th of July, Lake Erie, Buffalo, NY, 31200-31202 2019-13949 Corpus Christi Bay, Corpus Christi, TX, 31197-31199 2019-14014 Recurring Safety Zones in Captain of the Port Sault Sainte Marie Zone for Events Beginning in July 2019, 31199-31200 2019-13998 Upper Mississippi River, Miles 483 to 484, Rock Island, IL, 31202-31204 2019-13947 PROPOSED RULES Regulated Navigation Area:

Monongahela, Allegheny, and Ohio Rivers, Pittsburgh, PA, 31273-31277 2019-13932 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31307-31308 2019-13942 Community Living Administration Community Living Administration NOTICES Single-Source Supplement for the National Center for Benefits Outreach and Enrollment, 31323-31324 2019-13962 Education Department Education Department RULES Program Integrity:

Gainful Employment, 31392-31453 2019-13703 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Migrant Student Information Exchange, 31310 2019-13964 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Metal Halide Lamp Fixtures, 31232-31244 2019-14004 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Massachusetts; Boston Metropolitan Area, Lowell, Springfield, Waltham, and Worcester Second 10-Year Carbon Monoxide Limited Maintenance Plan, 31206-31208 2019-13936 New Mexico; Albuquerque/Bernalillo County; Minor New Source Review Preconstruction Permitting Program Revisions, 31204-31206 2019-13765 Pesticide Tolerances: Fluopyram, 31208-31214 2019-13523 Valifenalate, 31214-31219 2019-13990 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List: Partial Deletion of the U.S. Coast Guard Buoy Depot of the South Weymouth Naval Air Station Superfund Site, 31281-31286 2019-14018 State Plans for Designated Facilities and Pollutants; Approval and Promulgation: Delaware; Control of Emissions from Existing Municipal Solid Waste Landfills, 31279-31281 2019-13902 West Virginia; Control of Emissions from Existing Municipal Solid Waste Landfills, 31278-31279 2019-13906 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Lead Training, Certification, Accreditation and Authorization Activities, 31318-31319 2019-13920 Meetings: Draft Toxic Substances Control Act Risk Evaluations and Science Advisory Committee on Chemicals, 31315-31317 2019-14021 National Environmental Justice Advisory Council, 31317-31318 2019-13908 Pesticides: Draft Revised Method for National Level Endangered Species Risk Assessment Process for Biological Evaluations of Pesticides, 31319-31320 2019-13993 Federal Aviation Federal Aviation Administration RULES Special Conditions:

Dassault Aviation Model Falcon 2000EX Airplanes; Large Non-Structural Glass in the Passenger Compartment, 31178-31180 2019-14007 Dassault Aviation Model Falcon 7X Airplanes; Large Non-Structural Glass in the Passenger Compartment, 31174-31176 2019-14009 Dassault Aviation Model Falcon 900EX Airplanes; Large Non-Structural Glass in the Passenger Compartment, 31176-31178 2019-14008 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 31244-31246, 31249-31257 2019-13885 2019-13886 2019-13887 2019-13888 Embraer S.A.

Airplanes, 31246-31249 2019-13884 NOTICES Land Release Request: North Central West Virginia Airport, Clarksburg, WV, 31388-31389 2019-13995 Federal Deposit Federal Deposit Insurance Corporation RULES Removal of Transferred Office of Thrift Supervision Regulations Regarding Lending and Investment; and Conforming Amendments to Other Regulation, 31171-31174 2019-13449 Federal Energy Federal Energy Regulatory Commission NOTICES Application: FirstLight Hydro Generating Co., FirstLight CT Housatonic, LLC;

Intervention, 31310-31311 2019-13953 Combined Filings, 31312-31314 2019-13950 2019-13951 Complaint: Harbor Cogeneration Co., LLC v. Southern California Edison Co., 31313 2019-13973 Institution of Section 206 Proceeding: Diamond State Generation Partners, LLC, 31313-31314 2019-13952 Meetings: PacifiCorp; Klamath River Renewal Corp., 31312 2019-13972 Qualifying Conduit Hydropower Facility: InPipe Energy, 31311-31312 2019-13934 Records Governing Off-the-Record Communications, 31314 2019-13954 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 31320 2019-13916 Federal Trade Federal Trade Commission RULES Military Credit Monitoring, 31180-31192 2019-13598 Fish Fish and Wildlife Service NOTICES Permit Applications:

Foreign Endangered Species, 31335-31336 2019-13946 Food and Drug Food and Drug Administration NOTICES Guidance: Epidermolysis Bullosa: Developing Drugs for Treatment of Cutaneous Manifestations, 31325-31327 2019-13969 Issuance of Priority Review Voucher: Rare Pediatric Disease Product, 31324 2019-13944 Requests for Nominations: Device Good Manufacturing Practice Advisory Committee, 31324-31325 2019-13991 Food and Nutrition Food and Nutrition Service PROPOSED RULES Delayed Implementation of Grains Ounce Equivalents in the Child and Adult Care Food Program, 31227-31232 2019-13733 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity:

Vision Technologies Marine, Inc., Foreign-Trade Zone 92, Gulfport, MS, 31293-31294 2019-13981 Subzone Status; Approval: Maine Coast Shellfish, LLC, York, ME, 31294 2019-13987 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Kootenai National Forest; Montana; Forest-wide Young Growth Project; Withdrawal, 31290 2019-13999 South Revillagigedo Integrated Resource Project; Tongass National Forest, Ketchikan Misty Fjords Ranger District, AK, 31288-31290 2019-13915 General Services General Services Administration NOTICES Request for Comments:

Office of Federal High-Performance Buildings, 31320 2019-13959 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Markup Application, 31337 2019-14002 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Children and Families Administration See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard NOTICES Determination Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act, 31328-31329 2019-14003 Project 25 Compliance Assessment Program, 31327-31328 2019-14000 Housing Housing and Urban Development Department NOTICES Regulatory Waiver Requests Granted:

First Quarter of Calendar Year 2019, 31329-31335 2019-14012 Industry Industry and Security Bureau NOTICES Meetings: Materials Technical Advisory Committee, 31294-31295 2019-13978 Sensors and Instrumentation Technical Advisory Committee, 31294 2019-13979 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Indian Gaming Commission Internal Revenue Internal Revenue Service RULES Recognition and Deferral of Section 987 Gain or Loss;

Correction, 31194 2019-13615 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Reviews, 31304-31305 2019-13984 Opportunity to Request Administrative Review, 31295-31297 2019-13985 Determination of Sales at Less Than Fair Value: Certain Fabricated Structural Steel from Canada, Mexico, and the People's Republic of China; Investigations, 31301 2019-13986 Polyester Textured Yarn from India, 31301-31303 2019-13982 Polyester Textured Yarn from the People's Republic of China, 31297-31300 2019-13983 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Malleable Iron Pipe Fittings from China, 31346-31349 2019-13854 Non-Malleable Cast Iron Pipe Fittings from China, 31349 2019-13931 Polyethylene Terephthalate Film, Sheet, and Strip from India and Taiwan, 31343-31346 2019-13856 Steel Threaded Rod from China, 31341-31343 2019-13855 Justice Department Justice Department NOTICES Proposed Consent Decrees: Clean Air Act, Emergency Planning and Community Right-to-Know Act, CERCLA, Resource Conservation and Recovery Act, and Clean Water Act, 31349-31350 2019-13929 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Occupational Safety and Health State Plans, 31350-31351 2019-13977 Land Land Management Bureau RULES Required Fees for Mining Claims or Sites, 31219-31222 2019-13963 NOTICES Temporary Closure of Public Land in Washoe County, NV, 31337-31338 2019-13966 Management Management and Budget Office NOTICES Uniform Administrative Requirements, Cost Principles, and Audit Requirements, 31353 2019-13943 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Cleanup Program for Accumulations of Coal and Float Coal Dusts, Loose Coal, and Other Combustibles, 31351-31352 2019-13976 Emergency Mine Evacuation, 31352-31353 2019-13975 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NASA Internship Management System Student-Level Data, 31353-31354 2019-13909 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Blanket Justification for Arts Endowment Funding Application Guidelines and Requirements, 31354 2019-13955 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Indian National Indian Gaming Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31338-31341 2019-14011 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 31327 2019-13941 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Coastal Pelagic Species Fisheries; Annual Specifications, 31222-31226 2019-13960 NOTICES Environmental Assessments; Availability, etc.: Deepwater Horizon Oil Spill Open Ocean Trustee Implementation Group Draft Restoration Plan 2: Fish, Sea Turtles, Marine Mammals, and Mesophotic and Deep Benthic Communities; Extension of Public Comment Period, 31306-31307 2019-13996 Management Plan for National Estuarine Research Reserve Program, 31305 2019-13956 Permit Application:

Marine Mammals; File No. 21006, 31306 2019-13919 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting of Defects and Noncompliance, 31359-31360 2019-13921 Environmental Assessments; Availability, etc.: Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station, 31356-31358 2019-13968 Guidance: Methodology for Modeling Fire Growth and Suppression for Electrical Cabinet Fires in Nuclear Power Plants, 31354-31355 2019-13928 Permit Application:

Tennessee Valley Authority; Clinch River Nuclear Site, 31358-31359 2019-13988 National Intelligence Office of the Director of National Intelligence RULES Privacy Act; Systems of Records, 31194-31197 2019-12987 Personnel Personnel Management Office NOTICES Excepted Service, 31360-31368 2019-13937 2019-13938 2019-13939 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 31277-31278 2019-13930 NOTICES New Postal Products, 31368 2019-13965 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Armed Forces, U.S.

Military Service Academy and Reserve Officers' Training Corps Graduates; Policy Regarding Participation in Professional Sports (Memorandum of June 26, 2019), 31455-31458 2019-14194 Securities Securities and Exchange Commission RULES Adoption of Updated Electronic Data Gathering, Analysis, and Retrieval System Filer Manual, 31192-31194 2019-13922 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Miami International Securities Exchange, LLC, 31368-31373 2019-13926 Nasdaq BX, Inc., 31385-31388 2019-13924 NYSE Arca, Inc., 31373-31384 2019-13925 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State Application for Interment Allowance, 31390 2019-13994 Requests for Nominations: Advisory Committee on Women Veterans, 31389-31390 2019-14015 Separate Parts In This Issue Part II Education Department, 31392-31453 2019-13703 Part III Presidential Documents, 31455-31458 2019-14194 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. 84 126 Monday, July 1, 2019 Rules and Regulations FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 365 and 390 RIN 3064-AE22 Removal of Transferred OTS Regulations Regarding Lending and Investment; and Conforming Amendments to Other Regulation AGENCY:

Federal Deposit Insurance Corporation. ACTION: Final rule. SUMMARY: The Federal Deposit Insurance Corporation

(FDIC)is adopting a final rule (final rule) to rescind and remove the “Lending and Investment” regulations because they are unnecessary, redundant, or duplicative of existing FDIC regulations; to amend certain sections of existing FDIC regulations governing real estate lending standards to make them applicable to all insured depository institutions for which the FDIC is the appropriate Federal banking agency; and to rescind and remove “Registration of Residential Mortgage Loan Originators” regulations because supervision and rulemaking authority in this area was transferred to the Consumer Financial Protection Bureau (Bureau) by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). DATES: The Final Rule is effective on July 31, 2019. FOR FURTHER INFORMATION CONTACT: Karen J. Currie, Senior Examination Specialist,

(202)898-3981, *kcurrie@fdic.gov,* Division of Risk Management Supervision; Cassandra Duhaney, Senior Policy Analyst,

(202)898-6804, Division of Depositor and Consumer Protection; Rodney D. Ray, Counsel, Legal Division,

(202)898-3556; Linda Hubble Ku, Counsel, Legal Division,

(202)898-6634; or Gregory S. Feder, Counsel, Legal Division,

(202)898-8724. SUPPLEMENTARY INFORMATION: I. Background Beginning July 21, 2011, the transfer date established by section 311 of the Dodd-Frank Act, 1 the powers, duties and functions of the former Office of Thrift Supervision

(OTS)were divided among the FDIC for State savings associations and the Office of the Comptroller of the Currency

(OCC)for Federal savings associations, and the Board of Governors of the Federal Reserve System

(FRB)for savings and loan holding companies. Section 316(b) of the Dodd-Frank Act provides the manner of treatment of all orders, resolutions, determinations, regulations, and advisory materials that had been issued, made, prescribed, or allowed to become effective by the OTS. 2 The section provides that if such regulatory issuances were in effect on the day before the transfer date, they continue in effect and are enforceable by or against the appropriate successor agency until they are modified, terminated, set aside, or superseded in accordance with applicable law by such successor agency, by any court of competent jurisdiction, or by operation of law. 1 12 U.S.C. 5411. 2 12 U.S.C. 5414(b). The Dodd-Frank Act directed the FDIC and the OCC to consult with one another and to publish a list of continued OTS regulations to be enforced by each respective agency that would continue to remain in effect until the appropriate Federal banking agency modified or removed the regulations in accordance with the applicable laws. The list was published by the FDIC and OCC as a Joint Rule in the **Federal Register** on July 6, 2011, 3 and shortly thereafter, the FDIC published its transferred OTS regulations as new FDIC regulations in 12 CFR parts 390 and 391. 4 When it republished the transferred OTS regulations, the FDIC noted that its staff would evaluate the transferred OTS regulations and might later recommend incorporating the transferred OTS rules into other FDIC rules, amending them or rescinding them, as appropriate. 3 76 FR 39246 (Jul. 6, 2011). 4 76 FR 47652 (Aug. 5, 2011). Further, section 312(c) of the Dodd-Frank Act amended the definition of “appropriate Federal banking agency” contained in section 3(q) of the Federal Deposit Insurance Act (FDI Act) 5 to add State savings associations to the list of entities for which the FDIC is designated the “appropriate Federal banking agency.” As a result, when the FDIC acts as the “appropriate Federal banking agency” for State savings associations, as it does today, it has the authority to issue, modify, and rescind regulations involving such associations as well as for State nonmember banks and insured U.S. branches of foreign banks. 6 5 12 U.S.C. 1813(q). 6 *See also* 12 U.S.C. 5412(b)(2)(C)(ii) (“the Corporation shall succeed to all powers, authorities, rights, and duties that were vested in the Office of Thrift Supervision and the Director of the Office of Thrift Supervision on the day before the transfer date relating to the functions transferred under clause (i).” [relating to State savings associations]). Finally, the Dodd-Frank Act amended the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (S.A.F.E. Act), 7 transferring the mortgage loan originator registration authority of the FDIC and certain other Federal agencies (the S.A.F.E. Act Agencies) to the Bureau. 8 On December 10, 2011, the Bureau published its Regulation G 9 which substantially duplicated the FDIC's S.A.F.E. Act regulation at part 365, subpart B of the FDIC's regulations. 7 12 U.S.C. 5101, *et seq.* 8 *See* section 1100 of the Dodd-Frank Act. 9 *See* 12 CFR part 1007. II. Proposed Rule A. Removal of Part 390, Subpart P, Lending and Investment On February 5, 2019, the FDIC published an NPR regarding the removal of part 390, subpart P (formerly OTS part 560), which addressed lending and investments by State savings associations. 10 The former OTS rule was transferred to the FDIC with only nominal changes. The NPR proposed removing part 390, subpart P from the Code of Federal Regulations

(CFR)because, after careful review and consideration, the FDIC believed it was largely unnecessary, redundant, or duplicative of existing FDIC regulations. 11 10 84 FR 1653 (Feb. 5, 2019). 11 *See* 84 FR 1655-58. B. Amendments to Part 365, Subpart A, Real Estate Lending Standards In the NPR, the FDIC also proposed to further effectuate the transfer of supervisory authority for State savings associations from the former OTS to the FDIC by amending certain parts of part 365 of the FDIC's regulations to clarify that part 365, subpart A applies to all insured depository institutions, including State savings associations, for which the FDIC is the appropriate Federal banking agency. 12 12 *See id.* at 1658. C. Removal of Part 365, Subpart B, Registration of Residential Mortgage Loan Originators Finally, the FDIC proposed to rescind subpart B of part 365, which relates to registration requirements for residential mortgage loan originators, due to the Bureau's issuance of its 13 regulation, Regulation G, pursuant to the Bureau's authority under the Dodd-Frank Act. In light of the Bureau's action, the FDIC considered the provisions contained in part 365, subpart B to be unnecessary, redundant, or otherwise duplicative of the Bureau regulation governing this area. 14 13 The S.A.F.E. Act was enacted as part of the Housing and Economic Recovery Act of 2008, Public Law 110-289, 122 Stat. 2654, sections 1501-17 (codified at 12 U.S.C. 5101-16) as amended by Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) (Pub. L. 111-203, 124 Stat. 1376). The S.A.F.E. Act requires residential mortgage loan originators employed by depository institutions, subsidiaries that are owned and controlled by a depository institution and regulated by a Federal banking agency, institutions regulated by the National Credit Union Administration, and institutions regulated by the Farm Credit Administration to register with the Nationwide Mortgage Licensing System and Registry, obtain a unique identifier, and maintain such registration. 14 *See* 84 FR 1658-59. III. Comments The FDIC issued the NPR with a 60-day comment period, which closed on April 8, 2019. The FDIC received no comments on the NPR, and consequently the final rule is adopted without change. IV. Explanation of the Final Rule As discussed in the NPR, 12 CFR part 390, subpart P is being rescinded in its entirety because other existing FDIC regulations concerning permissible activities, safety and soundness standards, and real estate lending standards replicate the current requirements of part 390, subpart P. To clarify that part 365 applies to all institutions for which the FDIC is the appropriate Federal banking agency, the FDIC is amending sections 365.1 and 365.2 of part 365 to replace the phrases “insured state nonmember banks (including state-licensed insured branches of foreign banks)” and “state nonmember bank” throughout subpart A with the phrase “FDIC-supervised institution.” In addition, section 365.1 is being revised to add the definition of the term “FDIC-supervised institution” to mean any insured depository institution for which the FDIC is the appropriate Federal banking agency pursuant to section 3(q) of the FDI Act. 15 15 12 U.S.C. 1813(q). Finally, because the Dodd-Frank Act amended the S.A.F.E. Act, transferring Federal registration requirements for mortgage loan originators from the S.A.F.E. Act Agencies (including the FDIC) to the Bureau, and the Bureau has finalized its Regulation G, the FDIC is rescinding part 365, subpart B, in its entirety, because it is outdated and no longer necessary. V. Administrative Law Matters A. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), 16 the FDIC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. 16 44 U.S.C. 3501-3521. The final rule rescinds and removes from FDIC regulations part 390, subpart P. With regard to part 365, subpart A, the final rule amends sections 365.1 and 365.2 to clarify that State savings associations as well as State nonmember banks and foreign banks having insured branches are all subject to part 365. It also rescinds and removes from the FDIC's regulations part 365, subpart B. The final rule will not create any new or revise any existing collections of information under the PRA. Therefore, no information collection request has been submitted to the OMB for review. B. The Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), requires that, in connection with a final rule, an agency prepare a final regulatory flexibility analysis that describes the impact of the proposed rule on small entities. 17 However, a regulatory flexibility analysis is not required if the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities, and publishes its certification and a short explanatory statement in the **Federal Register** together with the rule. The Small Business Administration

(SBA)has defined “small entities” to include banking organizations with total assets of less than or equal to $550 million. 18 For the reasons provided below, the FDIC certifies that the rule would not have a significant economic impact on a substantial number of small banking organizations. Accordingly, a regulatory flexibility analysis is not required. 17 5 U.S.C. 601, *et seq.* 18 The SBA defines a small banking organization as having $550 million or less in assets, where “a financial institution's assets are determined by averaging the assets reported on its four quarterly financial statements for the preceding year.” *See* 13 CFR 121.201 (as amended, effective December 2, 2014). “SBA counts the receipts, employees, or other measure of size of the concern whose size is at issue and all of its domestic and foreign affiliates. . . .” *See* 13 CFR 121.103. Following these regulations, the FDIC uses a covered entity's affiliated and acquired assets, averaged over the preceding four quarters, to determine whether the FDIC-supervised institution is “small” for the purposes of the RFA. As of December 31, 2018, the FDIC supervised 3,489 insured financial institutions, of which 2,674 are considered small banking organizations for the purposes of the RFA. The rule primarily affects regulations that govern State savings associations. There are 36 State savings associations considered to be small banking organizations for the purposes of the RFA. 19 19 FDIC Call Report, December 31, 2018. As explained previously, the rule would remove sections 390.260, 390.261, 390.262, 390.263, 390.264, 390.265, 390.266, 390.267, 390.268, 390.269, 390.270, 390.271, and 390.272 of part 390, subpart P because these sections are unnecessary, redundant of, or otherwise duplicative of other FDIC regulations for safety and soundness standards. Because these regulations are redundant to existing regulations, rescinding them would not have any substantive effects on small FDIC-supervised institutions. As explained previously, part 364 covers State savings associations in section 364.101 and in appendix A. Because the lending documentation practices and standards in part 364, appendix A are substantively similar to existing regulations for State savings associations found in section 390.271, rescinding section 390.271 and the rest of part 390, subpart P would not have any substantive effects on small FDIC-supervised institutions. As stated previously, the rule would amend part 365, subpart A so that it would expressly apply to State savings associations. Because the real estate lending requirements in sections 365.1 and 365.2 and part 364, appendix A are substantively identical to currently applicable regulations for State savings associations found in 390.264 and 390.265 (including the appendix to section 390.265), amending part 365, subpart A so that it would apply to all FDIC-supervised institutions would not have any substantive effects on small FDIC-supervised institutions. As explained previously, the rule would rescind part 365, subpart B because the authority to implement Federal registration requirements for mortgage loan originators has been transferred by statute to the Bureau. Because rulemaking authority for the S.A.F.E. Act was transferred to the Bureau in December 2011, the removal of the FDIC's S.A.F.E. Act regulations would not have any substantive effects on small FDIC-supervised covered institutions. Based on the information above, the FDIC certifies that the final rule would not have a significant economic impact on a substantial number of small entities. C. Small Business Regulatory Enforcement Fairness Act, Congressional Review Act The OMB has determined that the Final Rule is not a “major rule” within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 20 As required by SBREFA, the FDIC will submit the Final Rule and other appropriate reports to Congress and the Government Accountability Office for review. 20 5 U.S.C. 801 *et seq.* D. Plain Language Section 722 of the Gramm-Leach-Bliley Act 21 requires each Federal banking agency to use plain language in all of its proposed and final rules published after January 1, 2000. In the NPR, the FDIC invited comments on whether the NPR was clearly stated and effectively organized, and how the FDIC might make it easier to understand. No comments on this issue were received. Although the FDIC did not receive any comments, the FDIC sought to present the Final Rule in a simple and straightforward manner. 21 Public Law 106-102, section 722, 113 Stat. 1338, 1471 (1999), codified at 12 U.S.C. 241 nt. E. The Economic Growth and Regulatory Paperwork Reduction Act Under section 2222 of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA), 22 the FDIC is required to review all of its regulations at least once every 10 years in order to identify any outdated or otherwise unnecessary regulations imposed on insured institutions. 23 The FDIC, along with the other Federal banking agencies, submitted a Joint Report to Congress on March 21, 2017 (EGRPRA Report), discussing how the review was conducted, what has been done to date to address regulatory burden, and further measures the agency will take to address issues that were identified. As noted in the EGRPRA Report, the FDIC is continuing to streamline and clarify its regulations through the OTS rule integration process. By removing outdated or unnecessary regulations, such as part 390, subpart P, and modifying part 365, this rule complements other actions the FDIC has taken, separately and with the other Federal banking agencies, to further the EGRPRA mandate. 22 12 U.S.C. 3311. 23 Public Law 104-208, 110 Stat. 3900 (1996). F. Riegle Community Development and Regulatory Improvement Act of 1994 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, disclosure, or other requirements on insured depository institutions, consider, consistent with 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. In addition, new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on insured depository institutions 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. 24 The FDIC has determined that the final rule would not impose additional reporting, disclosure, or other requirements; therefore, the requirements of the RCDRIA do not apply. 24 12 U.S.C. 4802. List of Subjects 12 CFR Part 365 Banks, banking, Mortgages, Savings associations. 12 CFR Part 390 Administrative practice and procedure, Advertising, Aged, Civil rights, Conflict of interests, Credit, Crime, Equal employment opportunity, Fair housing, Government employees, Individuals with disabilities, Reporting and recordkeeping requirements, Savings associations. Authority and Issuance For the reasons stated in the preamble, the Federal Deposit Insurance Corporation amends 12 CFR parts 365 and 390 as follows: PART 365—REAL ESTATE LENDING STANDARDS Subpart A—Real Estate Lending Standards [Amended] 1. Revise the authority citation for part 365 to read as follows: Authority: 12 U.S.C. 1828(o), 5412. 2. Revise § 365.1 to read as follows: § 365.1 Purpose and scope. This subpart, issued pursuant to section 304 of the Federal Deposit Insurance Corporation Improvement Act of 1991, 12 U.S.C. 1828(o), prescribes standards for real estate lending to be used by FDIC-supervised institutions in adopting internal real estate lending policies. For purposes of this subpart, the term “FDIC-supervised institution” means any insured depository institution for which the Federal Deposit Insurance Corporation is the appropriate Federal banking agency pursuant to section 3(q) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(q). 3. In § 365.2, revise paragraphs (a), (b)(1)(iii), (b)(2)(iii) and (iv), and

(c)to read as follows: § 365.2 Real estate lending standards.

(a)Each FDIC-supervised institution shall adopt and maintain written policies that establish appropriate limits and standards for extensions of credit that are secured by liens on or interests in real estate, or that are made for the purpose of financing permanent improvements to real estate. (b)(1) * * *

(iii)Be reviewed and approved by the FDIC-supervised institution's board of directors at least annually.

(2)* * *

(iii)Loan administration procedures for the FDIC-supervised institution's real estate portfolio; and

(iv)Documentation, approval, and reporting requirements to monitor compliance with the FDIC-supervised institution's real estate lending policies.

(c)Each FDIC-supervised institution must monitor conditions in the real estate market in its lending area to ensure that its real estate lending policies continue to be appropriate for current market conditions. Subpart B—[Removed and Reserved] 4. Remove and reserve subpart B, consisting of §§ 365.101 through 365.105, and appendix A to subpart B. PART 390—REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT SUPERVISION 5. The authority citation for part 390 continues to read as follows: Authority: 12 U.S.C. 1819. Subpart P—[Removed and Reserved] 6. Remove and reserve Subpart P, consisting of §§ 390.260 through 390.272. Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on June 18, 2019. Valerie Best, Assistant Executive Secretary. [FR Doc. 2019-13449 Filed 6-28-19; 8:45 am]

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Traces to 14 documents

U.S. Code