Unknown. Correcting amendment
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/register/2020/06/10/2020-12570A 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-2020-06-10.xml --- 85 112 Wednesday, June 10, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35425-35428 2020-12513 2020-12565 AIRFORCE Air Force Department NOTICES Intent To Grant an Exclusive Patent License, 35418-35419 2020-12393 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 35417 2020-12508 Children Children and Families Administration NOTICES Intent To Award 35 Operating Division-Initiated Supplements for Grantees Under the Direct Services for Survivors of Torture Program, 35429-35430 2020-12564 Civil Rights Civil Rights Commission NOTICES Meetings: California Advisory Committee, 35412 2020-12574 Georgia Advisory Committee, 35412-35413 2020-12531 New Mexico Advisory Committee, 35413 2020-12532 North Dakota Advisory Committee, 35413-35414 2020-12576 Coast Guard Coast Guard PROPOSED RULES Special Local Regulation:
Choptank River, Hambrooks Bay, Cambridge, MD, 35404 2020-12581 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration RULES Classification, De-Classification, and Public Availability of National Security Information, 35374-35376 2020-10248 Comptroller Comptroller of the Currency RULES Director, Shareholder, and Member Meetings; Technical Correction, 35373-35374 2020-12570 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: President's Volunteer Service Awards, Parts A, B, C, D, and E, 35417-35418 2020-12526 Defense Department Defense Department See Air Force Department Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Literacy Program Evaluation: Comprehensive Literacy State Development Program Evaluation, 35419-35420 2020-12502 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:
Energy Conservation Standards for Certain Commercial and Industrial Equipment; Early Assessment Review; Refrigerated Bottled or Canned Beverage Vending Machines, 35394-35398 2020-12437 Energy Conservation Standards for Commercial Prerinse Spray Valves, 35383-35394 2020-12438 Test Procedures for Consumer Water Heaters and Residential-Duty Commercial Water Heaters, 35382-35383 2020-12436 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Wisconsin; Redesignation of the Newport State Park Area in Door County to Attainment of the 2015 Ozone National Ambient Air Quality Standard, 35377-35379 2020-10569 NOTICES Public Water System Supervision Program Approval: Michigan, 35423 2020-12539 Federal Aviation Federal Aviation Administration NOTICES Petition for Exemption; Summary: Airlines for America, 35494-35495 2020-12507 The Boeing Company, 35495-35496 2020-12506 Federal Communications Federal Communications Commission PROPOSED RULES Human Exposure to Radiofrequency Electromagnetic Fields, 35405-35406 2020-12417 Implementing the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, 35406-35411 2020-10896 NOTICES Meetings;
Sunshine Act, 35423-35424 2020-12633 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Columbia Gas Transmission, LLC; Central Kentucky Transmission Co., 35421-35422 2020-12577 Combined Filings, 35420-35421 2020-12543 2020-12544 Filing: Edison Electric Institute; American Gas Association; Interstate Natural Gas Association of America, 35420-35421 2020-12578 Meetings: Shell Energy North America (US), L. P.; Teleconference, 35420 2020-12579 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Commercial Driver's License Skills Testing Delays Annual Survey, 35496-35497 2020-12567 Federal Railroad Federal Railroad Administration NOTICES Funding Opportunity: Federal-State Partnership for State of Good Repair Program, 35497-35507 2020-12542 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 35507-35508 2020-12540 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species:
Designation of Critical Habitat for Florida Bonneted Bat, 35510-35544 2020-10840 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 35424-35425 2020-12560 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Certain Medical Care Arrangements, 35398-35404 2020-12213 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Mattresses From the People's Republic of China, 35415 2020-12562 Monosodium Glutamate From the People's Republic of China, 35414 2020-12563 Binational Panel Review: North American Free Trade Agreement Final Panel Decision and Order, 35415 2020-12511 International Trade Com International Trade Commission NOTICES Complaint: Certain Completion Drill Bits and Products Containing the Same, 35441-35442 2020-12557 Investigations; Determinations, Modifications, and Rulings, etc.: Passenger Vehicle and Light Truck Tires From Korea, Taiwan, Thailand, and Vietnam, 35442 2020-12512 NASA National Aeronautics and Space Administration NOTICES Meetings:
NASA Astrophysics Advisory Committee, 35442-35443 2020-12534 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35443-35444 2020-12569 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Low Income Status, 35443 2020-12568 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Pollock in the Herring Savings Areas of the Bering Sea and Aleutian Islands Management Area, 35381 2020-12566 International Fisheries: Pacific Tuna Fisheries; Procedures for the Active and Inactive Vessel Register, 35379-35381 2020-10268 NOTICES Application: Marine Mammals; File No. 21585, 35415-35416 2020-12497 Marine Mammals; File No. 23923, 35416-35417 2020-12496 National Park National Park Service NOTICES Intent To Repatriate Cultural Items: Federal Bureau of Investigation, Art Theft Program, Washington, DC, 35430-35431 2020-12548 John Michael Kohler Arts Center, Sheboygan, WI, 35438 2020-12546 Minnesota Museum of American Art, St.
Paul, MN, 35439 2020-12547 The Field Museum of Natural History, Chicago, IL, 35434-35435 2020-12556 Inventory Completion: Central Washington University, Ellensburg, WA, and Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 35437-35438 2020-12551 Department of Anthropology, Southern Methodist University, Dallas, TX, 35431-35432 2020-12555 Field Museum of Natural History, Chicago, IL, 35432-35433 2020-12552 History Colorado, Formerly Colorado Historical Society, Denver, CO, 35436-35437 2020-12554 The Field Museum of Natural History, Chicago, IL, 35433-35434 2020-12549 The Florida Department of State/Division of Historical Resources, Tallahassee, FL, 35439-35440 2020-12553 University of North Carolina at Chapel Hill, Research Laboratories of Archaeology, Chapel Hill, NC, 35435-35436 2020-12550 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;
Sunshine Act, 35444-35445 2020-12611 Ocean Energy Management Ocean Energy Management Bureau NOTICES Extension of Post-Sale Evaluation Period for Gulf of Mexico Lease Sale 254, 35440-35441 2020-12527 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Liability for Termination of Single-Employer Plans, 35445 2020-12510 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 35445-35446 2020-12558 Postal Service Postal Service PROPOSED RULES Semipostal Stamp Program, 35404-35405 2020-12412 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: BOX Exchange, LLC, 35458-35459, 35473 2020-12522 2020-12523 Cboe BYX Exchange, Inc., 35467-35473 2020-12518 Cboe BZX Exchange, Inc., 35490-35492 2020-12517 Cboe EDGA Exchange, Inc., 35461-35467, 35488-35490 2020-12521 2020-12524 Cboe EDGX Exchange, Inc., 35454-35457, 35482-35488 2020-12514 2020-12525 Nasdaq BX, Inc., 35453-35454 2020-12516 NYSE American, LLC, 35457-35458 2020-12520 NYSE Arca, Inc., 35459-35460 2020-12515 The Options Clearing Corp., 35446-35453, 35474-35482 2020-12500 2020-12519 State Department State Department RULES International Traffic in Arms Regulations:
Temporary Suspension, Modification, or Exception to Regulations During SARS-COV2 Public Health Emergency; Request for Comment, 35376-35377 2020-12580 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Passport Demand Forecasting Survey, 35492-35493 2020-12545 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemption: City of Yelm in Thurston and Pierce Counties, WA, 35493-35494 2020-12504 Indexing the Annual Operating Revenues of Railroads, 35494 2020-12501 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network See Internal Revenue Service DFC U S International Development Finance Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 35418 2020-12533 Customs U.S. Customs and Border Protection NOTICES Request for Applicants for Appointment: User Fee Advisory Committee, 35430 2020-12509 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 35510-35544 2020-10840 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. 85 112 Wednesday, June 10, 2020 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 7 [Docket No.
OCC-2020-0020] RIN 1557-AE94 Director, Shareholder, and Member Meetings: Technical Correction AGENCY: Office of the Comptroller of the Currency, Treasury (OCC). ACTION: Correcting amendment. SUMMARY: On May 28, 2020, the Office of the Comptroller of the Currency
(OCC)published in the **Federal Register** an interim final rule to revise its regulations on activities and operations of national banks and corporate activities of Federal savings associations to provide that these institutions may permit telephonic and electronic participation at all board of directors, shareholder, and as applicable, member, meetings. This correcting amendment makes a correction to those interim regulations. DATES: The effective date is June 10, 2020. FOR FURTHER INFORMATION CONTACT: Heidi M. Thomas, Special Counsel, Chief Counsel's Office,
(202)649-5490, for persons who are deaf or hearing impaired, TTY,
(202)649-5597, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219. SUPPLEMENTARY INFORMATION: I. Background and Description of Correcting Amendment On May 28, 2020, the OCC published in the **Federal Register** an interim final rule to revise its regulations on activities and operations of national banks and corporate activities of Federal savings associations to provide that these institutions may permit telephonic and electronic participation at all board of directors, shareholder, and as applicable, member, meetings. This correcting amendment makes a correction to those interim regulations. The interim final rule removed and reserved 12 CFR 7.1001. 1 This correcting amendment reinserts this section and removes and reserves 12 CFR 7.2001, as was intended by the OCC and described in the preamble to the interim final rule. 1 85 FR 31943. II. Administrative Law Matters A. Administrative Procedure Act The OCC is issuing this correcting amendment without prior notice and the opportunity for public comment and the delayed effective date ordinarily prescribed by the Administrative Procedure Act (APA). 2 Pursuant to section 553(b)(B) of the APA, general notice and the opportunity for public comment are not required with respect to a rulemaking when 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.” 3 2 5 U.S.C. 553. 3 5 U.S.C. 553(b)(3)(A). The OCC finds that public notice and comment are unnecessary because this correcting amendment makes a technical change to correct an erroneous removal in the interim final rule. Therefore, the OCC believes it has good cause to dispense with the APA prior notice and public comment process. The APA also requires a 30-day delayed effective date, except for:
(1)Substantive rules which grant or recognize an exemption or relieve a restriction;
(2)interpretative rules and statements of policy; or
(3)as otherwise provided by the agency for good cause. 4 As described above, the OCC believes it has good cause to issue this correcting amendment without a delayed effective date. Therefore, this correcting amendment is exempt from the APA's delayed effective date requirement. 5 4 5 U.S.C. 553(d). 5 5 U.S.C. 553(d)(1). B. Congressional Review Act For purposes of the Congressional Review Act, the Office of Management and Budget
(OMB)makes a determination as to whether a final rule constitutes a “major rule.” 6 If a rule is deemed a “major rule” by the OMB, the Congressional Review Act generally provides that the rule may not take effect until at least 60 days following its publication. 7 6 5 U.S.C. 801 *et seq.* 7 5 U.S.C. 801(a)(3). The Congressional Review Act defines a “major rule” as any rule that the Administrator of the Office of Information and Regulatory Affairs of the OMB finds has resulted in or is likely to result in:
(1)An annual effect on the economy of $100,000,000 or more;
(2)a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or
(3)significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. 8 8 5 U.S.C. 804(2). The delayed effective date required by the Congressional Review Act does not apply to any rule for which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 9 For the same reasons set forth above, the OCC finds that it has good cause to adopt this correcting amendment without the delayed effective date generally prescribed under the Congressional Review Act. 9 5 U.S.C. 808. As required by the Congressional Review Act, the OCC will submit the IFR and other appropriate reports to Congress and the Government Accountability Office for review. C. Riegle Community Development and Regulatory Improvement Act of 1994 Pursuant to section 302(a) of the Riegle Community Development and Regulatory Improvement Act (RCDRIA), 10 in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosure, or other requirements on insured depository institutions (IDIs), each Federal banking agency must consider, consistent with the principle 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, section 302(b) of RCDRIA requires new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally to 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, with certain exceptions, including for good cause. 11 For the reasons described above, the OCC finds good cause exists under section 302 of RCDRIA to publish this correcting amendment with an immediate effective date. As such, the IFR will be effective immediately. 10 12 U.S.C. 4802(a). 11 12 U.S.C. 4802. D. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)12 requires an agency to consider whether the rules it proposes will have a significant economic impact on a substantial number of small entities. 13 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 previously, consistent with section 553(b)(B) of the APA, the OCC has determined for good cause that general notice and opportunity for public comment is unnecessary, and therefore the OCC is not issuing a notice of proposed rulemaking. Accordingly, the OCC has concluded that the RFA's requirements relating to initial and final regulatory flexibility analysis do not apply. 12 5 U.S.C. 601 *et seq.* 13 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 $600 million or less and trust companies with total assets of $41.5 million or less. *See* 13 CFR 121.201. F. Unfunded Mandates As a general matter, the Unfunded Mandates Act of 1995
(UMRA)14 requires the preparation of a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. However, the UMRA does not apply to final rules for which a general notice of proposed rulemaking was not published. 15 Therefore, because the OCC has found good cause to dispense with notice and comment for this correcting amendment, the OCC has not prepared an economic analysis of the rule under the UMRA. 14 2 U.S.C. 1531 *et seq.* 15 *See* 2 U.S.C. 1532(a). List of Subjects in 12 CFR Part 7 Computer technology, Credit, Derivatives, Federal savings associations, Insurance, Investments, Metals, National banks, Reporting and recordkeeping requirements, Securities, Security bonds. For the reasons set out in the preamble, the OCC corrects 12 CFR part 7 by making the following correcting amendment: PART 7—ACTIVITIES AND OPERATIONS 1. The authority citation for part 7 continues to read as follows: Authority: 12 U.S.C. 1 *et seq.,* 25b, 29, 71, 71a, 92, 92a, 93, 93a, 95(b)(1), 371, 371d, 481, 484, 1463, 1464, 1465, 1818, 1828(m), 3102(b), and 5412(b)(2)(B). 2. Add § 7.1001 to read as follows: § 7.1001 National bank acting as general insurance agent Pursuant to 12 U.S.C. 92, a national bank may act as an agent for any fire, life, or other insurance company in any place the population of which does not exceed 5,000 inhabitants. This section is applicable to any office of a national bank when the office is located in a community having a population of less than 5,000, even though the principal office of such bank is located in a community whose population exceeds 5,000. § 7.2001 [Reserved] 3. Remove and reserve § 7.2001. Jonathan V. Gould, Senior Deputy Comptroller and Chief Counsel. [FR Doc. 2020-12570 Filed 6-9-20; 8:45 am]
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CFR
U.S. Code
- Rule making§ 553
- SHORT TITLE.§ 801
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Effective date of certain rules§ 808
- Administrative consideration of burden with new regulations§ 4802
- Definitions§ 601
- Regulatory process§ 1531
- Statements to accompany significant regulatory actions§ 1532
- Office of the Comptroller of the Currency§ 1
- Acting as insurance agent or broker§ 92
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- 12 CFR 7
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