Unknown. Interim final rule and request for comment

5,348 words·~24 min read·/register/2020/06/24/2020-13719·

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-2020-06-24.xml --- 85 122 Wednesday, June 24, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37947-37949 2020-13574 Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37822-37823 2020-13523 Revision of Three U.S. Grade Standards for Carrots, 37820-37822 2020-12828 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Bovine Spongiform Encephalopathy; Importation of Animals and Animal Products, 37823-37824 2020-13533 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 37824 2020-13569 Illinois Advisory Committee, 37825 2020-13568 Maine Advisory Committee, 37826-37827 2020-13592 Nebraska Advisory Committee, 37825-37826 2020-13595 New York Advisory Committee, 37826 2020-13567 North Dakota Advisory Committee, 37824-37825 2020-13603 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled RULES Access to Information Under the Freedom of Information Act, 37778-37785 2020-12704 Commodity Credit Commodity Credit Corporation NOTICES Funds Availability:

Higher Blends Infrastructure Incentive Program for Fiscal Year 2020; Correction, 37824 2020-13360 Commodity Futures Commodity Futures Trading Commission RULES Retail Commodity Transactions Involving Certain Digital Assets, 37734-37744 2020-11827 NOTICES Adoption of Revised Registration Form 8-R, 37880-37922 2020-13465 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adoption of Revised Registration Form 8-R, 37922-37923 2020-13466 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Evaluation of Participants of an Annual SMP/SHIP National Training Conference Hosted by the Office of Healthcare Information and Counseling, 37952-37953 2020-13575 National Beneficiary Survey of State Health Insurance Assistance Program, 37949-37951 2020-13578 SHIP-SMP Survey of Group Outreach and Education Events, 37951-37952 2020-13576 Comptroller Comptroller of the Currency RULES Assessment of Fees, 37731-37734 2020-13719 Copyright Office Copyright Office, Library of Congress NOTICES Sovereign Immunity Study, 37961-37962 2020-13725 Copyright Royalty Board Copyright Royalty Board RULES Procedural Regulations of the Copyright Royalty Board Requiring Electronic Filing of Claims, 37752-37753 2020-13554 Defense Department Defense Department RULES Defense Security Service Privacy Program, 37751 2020-13115 NOTICES Meetings:

Defense Innovation Board; Cancellation, 37923 2020-13644 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 37827 2020-13565 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for the Language Resource Centers Program, 37924 2020-13588 Application for New Awards: Higher Education Emergency Relief Fund; Coronavirus Aid, Relief, and Economic Security Act, 37923-37924 2020-13645 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 37924-37925 2020-13720 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Finding of Failure To Attain the 1987 24-Hour PM <sup>10</sup> Standard; Reclassification as Serious Nonattainment; Pinal County, AZ, 37756-37760 2020-12827 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Allied Chemical and Ironton Coke Superfund Site, 37763-37777 2020-13302 Pesticide Tolerances:

Indaziflam, 37760-37763 2020-12132 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Allied Chemical and Ironton Coke Superfund Site, 37808-37809 2020-13301 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (May 2020), 37806-37808 2020-13273 Review of Dust-Lead Post-Abatement Clearance Levels, 37810-37819 2020-13582 NOTICES Clean Air Act Operating Permit Program;

Petition for Objection: State Operating Permit for Riverview Energy Corp. and ESSROC Cement Corp., 37944-37945 2020-13634 Final Toxic Substances Control Act Risk Evaluation: Methylene Chloride, 37942-37944 2020-13581 Meetings: Board of Scientific Counselors Executive Committee, 37942 2020-13620 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Air Tours Safety Standards, 38010-38011 2020-13606 Charter Renewals:

NextGen Advisory Committee, 38009 2020-13599 Environmental Assessments; Availability, etc.: Wyoming Army National Guard, Training and Maneuver Activities at Camp Guernsey, Guernsey, WY; Establishment of Controlled Firing Areas; Finding of No Significant Impact and Record of Decision, 38002-38009 2020-13571 Wyoming Army National Guard; Establishment of Controlled Firing Areas: Finding of No Significant Impact/Record of Decision and Adoption, 38010 2020-13570 Meetings: Research, Engineering, and Development Advisory Committee, 38011 2020-13556 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37945-37946 2020-13631 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Verdant Power, LLC, 37940-37941 2020-13558 Combined Filings, 37931-37932, 37938 2020-13621 2020-13629 Environmental Impact Statements; Availability, etc.: Nevada Hydro, Inc., 37925-37928 2020-13625 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Cedar Springs Transmission, LLC, 37929 2020-13617 Cedar Springs Wind III, LLC, 37941 2020-13624 Gichi Noodin Wind Farm, LLC, 37941-37942 2020-13628 High Majestic Wind I, LLC, 37930 2020-13626 MPH Rockaway Peakers, LLC, 37928-37929 2020-13622 Wheatridge Wind Energy, LLC, 37925 2020-13630 Wheatridge Wind II, LLC, 37929-37930 2020-13619 Meetings:

Carbon Pricing in Organized Wholesale Electricity Markets; Technical Conference, 37930 2020-13557 Potential Enhancements to the Critical Infrastructure Protection Reliability Standards, 37932-37938 2020-13618 Request for Exemption of Time: Atlantic Coast Pipeline, LLC; Dominion Energy Transmission, Inc., 37939-37940 2020-13559 Request Under Blanket Authorization: Dominion Energy Transmission, Inc., 37938-37939 2020-13627 Eastern Shore Natural Gas Co., 37930-37931 2020-13615 Transfer of Exemption:

Columbia Mills Hydroelectric, LP; Green River Renewables, LLC, 37929 2020-13560 Federal Highway Federal Highway Administration NOTICES Buy America Waiver, 38013-38014 2020-13563 Special Experimental Project (SEP-16) To Evaluate Proposals for Delegation of FHWA Responsibilities to States, 38011-38013 2020-13564 Surface Transportation Project Delivery Program: Ohio; Renewal Package and Proposed Memorandum of Understanding Assigning Environmental Responsibilities to the State, 38014-38016 2020-13579 Federal Motor Federal Motor Carrier Safety Administration RULES Motor Carrier Safety Assistance Program, 37785-37805 2020-11464 NOTICES Hours of Service of Drivers;

Exemption Applications: Specialized Carriers and Rigging Assn., 38016-38018 2020-13597 Parts and Accessories Necessary for Safe Operation; Exemption Application: Lytx Inc., 38018 2020-13600 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 37946-37947 2020-13633 Food and Drug Food and Drug Administration NOTICES Drug Products Not Withdrawn From Sale for Reasons Other Than Safety or Effectiveness: DEXTROSE in Plastic Container (Dextrose) Injectable, 30 Grams/100 Milliliters, 40 Grams/100 Milliliters, 60 Grams/100 Milliliters, and 70 Grams/100 Milliliters, 37954 2020-13593 TENEX (Guanfacine Hydrochloride) Tablets, 1 Milligram, 2 Milligrams, and 3 Milligrams, 37953 2020-13594 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 38018-38020 2020-13586 2020-13587 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity;

Authorization: SICK Product and Competence Center Americas, LLC (Safety and Tracking Systems, Safety Light Curtains, and Connector Assemblies), Savage, MN; Foreign-Trade Zone 119, Minneapolis, MN, 37827 2020-13643 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Transportation Security Administration See U.S.

Customs and Border Protection Indian Affairs Indian Affairs Bureau RULES Change of Address: Office of Indian Gaming for Submission of Tribal-State Class III Gaming Compacts, 37747-37748 2020-13060 Interior Interior Department See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Certification for Multiemployer Defined Benefit Plans, 38020-38021 2020-13519 Enhanced Oil Recovery Project, 38024-38025 2020-13649 Quarterly Federal Excise Tax Return, 38021 2020-13648 Privacy Act;

Systems of Records, 38021-38024 2020-12898 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Cast Iron Soil Pipe Fittings From the People's Republic of China, 37832-37834 2020-13639 Certain Aluminum Foil From the People's Republic of China, 37829-37831 2020-13640 Corrosion-Resistant Steel Products From Italy and the People's Republic of China, 37828 2020-13642 Silicon Metal From Russia, 37831-37832 2020-13641 Justice Department Justice Department RULES Privacy Act;

Implementation, 37748-37751 2020-11386 Labor Department Labor Department See Occupational Safety and Health Administration Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: COVID 19 Census of NASA Grantees, 37962 2020-13538 Meetings: Advisory Council; Aeronautics Committee, 37962-37963 2020-13613 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 37955-37958 2020-13545 2020-13546 2020-13547 2020-13548 2020-13549 National Heart, Lung, and Blood Institute, 37957-37958 2020-13550 National Institute of Diabetes and Digestive and Kidney Diseases, 37957 2020-13552 National Institute of General Medical Sciences, 37957 2020-13553 National Institute on Aging, 37954-37955 2020-13551 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Alaska Interagency Electronic Reporting System, 37877-37878 2020-13530 Billfish Tagging Report, 37878-37879 2020-13528 For-Hire Telephone Survey, 37876-37877 2020-13524 National Marine Fisheries Services Alaska Region Vessel Monitoring System Program, 37879-37880 2020-13527 Processed Products Family of Forms, 37874-37875 2020-13532 Prohibited Species Donation Program, 37875-37876 2020-13529 Takes of Marine Mammals Incidental to Specified Activities: Alameda Marina Shoreline Improvement Project, 37834-37848 2020-13652 Marine Site Characterization Surveys Off of Massachusetts, Rhode Island, Connecticut, New York and New Jersey, 37848-37874 2020-13605 National Park National Park Service NOTICES Boundary Adjustment:

Delaware Water Gap National Recreation Area, 37959-37960 2020-13650 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 37963 2020-13747 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Holtec International HI-STORE Consolidated Interim Storage Facility Project, 37964-37965 2020-13590 Exemption: Exelon Generation Co., LLC and MidAmerican Energy Co. Quad Cities Nuclear Power Station, Units 1 and 2, 37965-37968 2020-13651 Format Options for Requesting and Documenting Evaluation of Alternatives, 37963-37964 2020-13646 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Rigging Equipment for Material Handling, 37960-37961 2020-13520 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 37968-37969 2020-13521 2020-13607 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Father's Day (Proc. 10051), 38027-38030 2020-13776 Rural Business Rural Business-Cooperative Service NOTICES Funds Availability: Higher Blends Infrastructure Incentive Program for Fiscal Year 2020;

Correction, 37824 2020-13360 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 37970-37974 2020-13539 ICE Clear Europe, Ltd., 37992-37995 2020-13536 Miami International Securities Exchange, LLC, 37986-37988 2020-13537 Municipal Securities Rulemaking Board, 37974-37986 2020-13535 National Securities Clearing Corp., 37988-37992 2020-13541 Small Business Small Business Administration NOTICES Disaster Declaration:

California, 37995-37996 2020-13514 2020-13518 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37996-38000 2020-13583 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report: J-NONIMMIGRANT Exchange Visitor Program, 38000 2020-13591 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion and Amendments:

China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 38000-38002 2020-13596 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Security Transportation Security Administration NOTICES Meetings: Air Cargo Security Options To Mitigate Costs of Compliance With International Security Requirements, 37958-37959 2020-13580 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Research Applied Analytics and Statistics Comprehensive Taxpayer Attitude Survey, 38025 2020-13562 Customs U.S. Customs and Border Protection RULES Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 37744-37745 2020-13676 Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 37745-37746 2020-13677 Veteran Affairs Veterans Affairs Department RULES Veterans Employment Pay for Success Grant Program, 37753-37756 2020-11915 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Principles of Excellence Complaint System Intake, 38026 2020-13602 Record Keeping at Flight Schools, 38025-38026 2020-13598 Separate Parts In This Issue Part II Presidential Documents, 38027-38030 2020-13776 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. 85 122 Wednesday, June 24, 2020 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 8 [Docket ID OCC-2020-0024] RIN 1557-AE95 Assessment of Fees AGENCY:

Office of the Comptroller of the Currency, Treasury. ACTION: Interim final rule and request for comment. SUMMARY: The Office of the Comptroller of the Currency

(OCC)is adopting an interim final rule to reduce assessments in response to the national emergency declared in connection with coronavirus disease 2019 (COVID-19). Under the interim final rule, assessments due on September 30, 2020, for national banks, Federal savings associations, and Federal branches and agencies of foreign banks (collectively, banks under the jurisdiction of the OCC) will be calculated using the December 31, 2019, “Consolidated Reports of Condition and Income” (Call Report) for each institution, rather than the June 30, 2020 Call Report. This will result in lower assessments for most banks under the jurisdiction of the OCC. In the event a bank's assets as reported on the June 30, 2020, Call Report are lower than on the December 31, 2019, Call Report, the OCC will calculate the assessment due on September 30, 2020, for the institution using the June 30, 2020, Call Report. DATES: The interim final rule is effective from June 24, 2020 through October 15, 2020. Comments on the interim final rule must be received no later than July 24, 2020. ADDRESSES: Interested parties are encouraged to submit written comments. Commenters are encouraged to submit comments through the Federal eRulemaking Portal or email, if possible. Please use the title “Assessment of Fees” to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods: • *Federal eRulemaking Portal—Regulations.gov Classic or Regulations.gov Beta:* *Regulations.gov Classic:* Go to *https://www.regulations.gov/* . Enter “Docket ID OCC-2020-0024” in the Search Box and click “Search.” Click on “Comment Now” to submit public comments. For help with submitting effective comments please click on “View Commenter's Checklist.” Click on the “Help” tab on the *Regulations.gov* home page to get information on using *Regulations.gov,* including instructions for submitting public comments. *Regulations.gov Beta:* Go to *https://beta.regulations.gov/* or click “Visit New *Regulations.gov* Site” from the *Regulations.gov* Classic homepage. Enter “Docket ID OCC-2020-0024” in the Search Box and click “Search.” Public comments can be submitted via the “Comment” box below the displayed document information or by clicking on the document title and then clicking the “Comment” box on the top left side of the screen. For help with submitting effective comments please click on “Commenter's Checklist.” For assistance with the *Regulations.gov* Beta site, please call

(877)378-5457 (toll free) or

(703)454-9859 Monday-Friday, 9 a.m.-5 p.m. ET or email *regulations@erulemakinghelpdesk.com* . • *Email: regs.comments@occ.treas.gov* . • *Mail:* Chief Counsel's Office, Attention: Comment Processing, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E-218, Washington, DC 20219. • *Hand Delivery/Courier:* 400 7th Street SW, Suite 3E-218, Washington, DC 20219. • *Fax:*

(571)465-4326. *Instructions:* You must include “OCC” as the agency name and “Docket ID OCC-2020-0024” in your comment. In general, the OCC will enter all comments received into the docket and publish the comments on the *Regulations.gov* website without change, including any business or personal information provided such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may review comments and other related materials that pertain to this rulemaking action by any of the following methods: • *Viewing Comments Electronically—Regulations.gov Classic or Regulations.gov Beta: Regulations.gov* Classic: Go to *https://www.regulations.gov/* . Enter “Docket ID OCC-2020-0024” in the Search box and click “Search.” Click on “Open Docket Folder” on the right side of the screen. Comments and supporting materials can be viewed and filtered by clicking on “View all documents and comments in this docket” and then using the filtering tools on the left side of the screen. Click on the “Help” tab on the *Regulations.gov* home page to get information on using *Regulations.gov* . The docket may be viewed after the close of the comment period in the same manner as during the comment period. *Regulations.gov Beta:* Go to *https://beta.regulations.gov/* or click “Visit New *Regulations.gov* Site” from the *Regulations.gov* Classic homepage. Enter “Docket ID OCC-2020-0024” in the Search Box and click “Search.” Click on the “Comments” tab. Comments can be viewed and filtered by clicking on the “Sort By” drop-down on the right side of the screen or the “Refine Results” options on the left side of the screen. Supporting materials can be viewed by clicking on the “Documents” tab and filtered by clicking on the “Sort By” drop-down on the right side of the screen or the “Refine Results” options on the left side of the screen.” For assistance with the *Regulations.gov* Beta site, please call

(877)378-5457 (toll free) or

(703)454- 9859 Monday-Friday, 9 a.m.-5 p.m. ET or email *regulations@erulemakinghelpdesk.com* . The docket may be viewed after the close of the comment period in the same manner. FOR FURTHER INFORMATION CONTACT: Margaret Sherry, Principal Deputy Comptroller for Management and Deputy Chief Financial Officer, Financial Management,

(202)649-5658, or Mitchell Plave, Special Counsel, Chief Counsel's Office,

(202)649-5490, for persons who are deaf or hard of hearing, TTY,

(202)649-5597. SUPPLEMENTARY INFORMATION: I. Background The National Bank Act 1 and the Home Owners' Loan Act 2 authorize the Comptroller to recover the costs of the OCC's operations through assessments, fees, and other charges on banks under the jurisdiction of the OCC. 3 In setting assessments, the Comptroller has broad authority to consider variations among institutions, including the nature and scope of the activities of the entity, the amount and type of assets that the entity holds, the financial and managerial condition of the entity, and any other factor the Comptroller determines is appropriate. 4 1 Revised Statutes of the United States, Title LXII, 12 U.S.C. 1 *et seq.* 2 The Home Owners' Loan Act, 12 U.S.C. 1461 *et seq.* 3 12 U.S.C. 16, 481, 482, 1467. 4 12 U.S.C. 16. *See also* 12 U.S.C. 1467 (providing that the Comptroller has the authority to recover costs of examination of federal savings associations “as the Comptroller deems necessary or appropriate.”). The OCC collects assessments from banks under its jurisdiction in accordance with 12 CFR part 8. Under part 8, the base assessment for banks is calculated using a table with eleven categories, or brackets, each of which comprises a range of asset-size values. The assessment for each bank is the sum of a base amount, which is the same for every bank in its asset-size bracket, plus a marginal amount, which is computed by applying a marginal assessment rate to the amount in excess of the lower boundary of the asset-size bracket. 5 The marginal assessment rate declines as asset size increases, reflecting economies of scale in bank examination and supervision. 5 12 CFR 8.2(a). Only the total domestic assets of federal branches and agencies are subject to assessment. 12 CFR 8.2(b)(2). The OCC's annual Notice of Office of the Comptroller of the Currency Fees and Assessments (Notice of Fees) sets forth the marginal assessment rates applicable to each asset-size bracket for each year, as well as other assessment components and fees. Under part 8, the OCC may adjust the marginal rates to account for inflation through the annual Notice of Fees. 6 The OCC also has the discretion under part 8 to adjust marginal rates by amounts other than inflation. 7 The OCC may issue an interim or amended Notice of Fees if the Comptroller determines that it is necessary to revise assessments to meet the OCC's supervisory obligations. 8 6 12 CFR 8.2(a)(4). 7 *Id.* 8 12 CFR 8.8(b). Under 12 CFR 8.2, the OCC collects assessments on a semiannual basis, with fees due by March 31 and September 30 (payment due dates) of each year for the six-month period beginning on January 1 and July 1 before each payment due date. 9 Each semiannual assessment is based upon the total assets shown in the institution's most recent Call Report preceding the payment date. 9 12 CFR 8.2(a) and 8.2(b)(1). II. Description of the Interim Final Rule COVID-19 has significantly affected financial institutions, businesses, and consumers. In light of the adverse economic effect of the extraordinary measures that have been taken to limit the public health impacts of the COVID-19 pandemic, the OCC is issuing this interim final rule to reduce assessments for the upcoming semiannual assessment. Under the interim final rule, which amends 12 CFR part 8, the OCC will calculate assessments due on September 30, 2020, using Call Report assets as of December 31, 2019, rather June 30, 2020. The use of December 31, 2019, Call Report assets will result in reduced assessments for most banks. If an institution's June 30, 2020, Call Report assets are lower than the institution's assets as reported on December 31, 2019, the OCC will use the June 30, 2020, Call Report for calculation of the institution's assessment. The interim final rule will expire after the collection of assessments on September 30, 2020. Thereafter, semiannual assessments will be based on the total assets shown in each institution's most recent Call Report preceding the payment date. The OCC seeks comment on all aspects of this interim final rule. III. Administrative Law Matters A. Administrative Procedure Act The OCC is issuing this interim final rule without prior notice and the opportunity for public comment and the delayed effective date ordinarily prescribed by the Administrative Procedure Act (APA). 10 Pursuant to section 553(b)(B) of the APA, general notice and opportunity for the public to comment are not require 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.” 11 10 5 U.S.C. 553. 11 5 U.S.C. 553(b)(B). The OCC believes that the public interest is best served by implementing the interim final before the next assessment collection. As discussed above, COVID-19 has significantly affected global economic activity. The reduction of assessments for banks under the jurisdiction of the OCC will reduce burden during this period. Issuance of an interim final rule will provide for expedited implementation of the assessment change and permit the OCC to timely issue an amended Notice of Fees, which will implement the assessment change for the semiannual assessment due on September 30, 2020. 12 For these reasons, the OCC believes that there is good cause consistent with the public interest to issue the interim final rule without advance notice and comment. 13 12 12 CFR 8.8. An amended Notice of Fees becomes effective 30 days after issuance. *Id.* 8.8(b). 13 5 U.S.C. 553(b)(B); 553(d)(3). 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. 14 Because the rule grants an exemption, the interim final rule is exempt from the APA's delayed effective date requirement. 15 Additionally, the OCC finds good cause to publish the interim final rule with an immediate effective date for the same reasons set forth above. While the OCC believes that there is good cause to issue the rule without advance notice and comment and with an immediate effective date, the OCC is interested in the views of the public and requests comment on all aspects of the interim final rule. 14 5 U.S.C. 553(d). 15 5 U.S.C. 553(d)(1). B. Congressional Review Act For purposes of Congressional Review Act, the Office of Management and Budget

(OMB)makes a determination as to whether a final rule constitutes a “major” rule. 16 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. 17 16 5 U.S.C. 801 *et seq.* 17 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

(A)an annual effect on the economy of $100,000,000 or more;

(B)a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies or geographic regions, or

(C)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. 18 18 5 U.S.C. 804(2). For the same reasons set forth above with respect to APA requirements, the OCC is adopting the interim final rule without the delayed effective date generally prescribed under the Congressional Review Act. 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 therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 19 Because the interim rule will reduce assessments and provide relief to institutions during the financial stress introduced by the measures taken to limit the public health risks of the COVID-19 pandemic, the OCC believes that delaying the rule would be contrary to the public interest. 19 5 U.S.C. 808(2). As required by the Congressional Review Act, the OCC will submit this interim final rule and other appropriate reports to Congress and the Government Accountability Office for review. C. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), 20 the OCC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC has reviewed this interim final rule and determined that it would not introduce any new or revise any collection of information pursuant to the PRA. Therefore, no submissions will be made to OMB. 20 44 U.S.C. 3501-3521. D. Regulatory Flexibility Act Analysis The Regulatory Flexibility Act

(RFA)21 generally requires that an agency to consider whether a proposed rule will have a significant economic impact on a substantial number of small entities. 22 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). 23 As discussed above, 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. 21 U.S.C. 601 *et seq.* 22 5 U.S.C. 604. 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. 23 5 U.S.C. 604(a). Nevertheless, the OCC seeks comment on whether, and the extent to which, the interim final rule would affect a significant number of small entities. E. Riegle Community Development and Regulatory Improvement Act of 1994 Pursuant to section 302(a) of the Riegle Community Development and Regulatory Improvement Act (RCDRIA), 24 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), the OCC 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, disclosure, 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. 25 The interim final rule would not impose any additional reporting, disclosure, or other new requirements on IDIs. Therefore, for the reasons described above, the OCC finds good cause exists under section 302 of RCDRIA to publish this interim final rule with an immediate effective date. As such, the interim final rule will be effective on June 24, 2020. Nevertheless, the OCC seeks comment on RCDRIA. 24 12 U.S.C. 4802(a). 25 12 U.S.C. 4802. F. Use of Plain Language Section 722 of the Gramm-Leach-Bliley Act 26 requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The OCC has sought to present the interim final rule in a simple and straightforward manner. The OCC invites comment on whether there are additional steps it could take to make the rule easier to understand. For example: 26 12 U.S.C. 4809. • Have we organized the material to suit your needs? If not, how could this material be better organized? • Are the requirements in the regulation clearly stated? If not, how could the regulation be more clearly stated? • Does the regulation contain language or jargon that is not clear? If so, which language requires clarification? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the regulation easier to understand? If so, what changes to the format would make the regulation easier to understand? What else could we do to make the regulation easier to understand? G. OCC Unfunded Mandates Reform Act of 1995 Determination Consistent with the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531 *et seq.,* the OCC typically prepares 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, UMRA does not apply to final rules for which a general notice of proposed rulemaking was not published. 27 Therefore, because the OCC has found good cause to dispense with notice and comment for this interim final rule, the OCC has not prepared a budgetary impact statement for this interim final rule. 27 *See* 2 U.S.C. 1532(a). List of Subjects in 12 CFR Part 8 Assessments, Federal branches and agencies, National banks, Reporting and recordkeeping requirements, Savings associations. DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Chapter I Authority and Issuance For the reasons set forth in the preamble, chapter I of title 12 of the Code of Federal Regulations is amended as follows: PART 8—ASSESSMENT OF FEES 1. The authority for part 8 continues to read as follows: Authority: 12 U.S.C. 16, 93a, 481, 482, 1467, 1831c, 1867, 3102, 3108, and 5412(b)(2)(B); and 15 U.S.C. 78c and 78 *l* . 2. Section 8.2 is amended by: a. Redesignating paragraph (a)(5) as paragraph (a)(5)(i); b. Adding paragraph (a)(5)(ii); c. Redesignating paragraph (b)(3) as paragraph (b)(3)(i); and d. Adding paragraph (b)(3)(ii). The additions read as follows: § 8.2 Semiannual assessment.

(a)* * *

(5)* * *

(ii)Notwithstanding paragraph (a)(5)(i) of this section, the semiannual assessment for each national bank or Federal savings association due on September 30, 2020, will be based upon the lesser of total assets shown in the national bank's or Federal savings association's December 31, 2019, Call Report or June 30, 2020, Call Report.

(b)* * *

(3)* * *

(ii)Notwithstanding paragraph (b)(3)(i) of this section, the semiannual assessment for each Federal branch and each agency due on September 30, 2020, will be based upon the lesser of total assets shown in the Federal branch's or agency's December 31, 2019, Call Report or June 30, 2020, Call Report. Brian P. Brooks, Acting Comptroller of the Currency. [FR Doc. 2020-13719 Filed 6-23-20; 8:45 am]

Connectionstraces to 18

Traces to 18 documents

U.S. Code