Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-11-13.xml --- 85 220 Friday, November 13, 2020 Contents Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72639-72640 2020-25069 2020-25090 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, Deputy Director for Infectious Diseases, 72670-72671 2020-25063 Organization, Functions, and Delegations of Authority, 72657-72670 2020-25115 Public Health Associate Program Alumni and Host Site Assessment;

Reopening of Comment Period, 72670 2020-25146 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program: Medicaid and Children's Health Insurance Program Managed Care, 72754-72844 2020-24758 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Office of the Under-Secretary for Economic Affairs See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 72637-72638 2020-25141 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Package for AmeriCorps External Reviewer Survey, 72638-72639 2020-25094 Defense Department Defense Department See Army Department See Navy Department RULES Assignment of American National Red Cross and United Service Organizations, Inc., Employees to Duty With the Military Services, 72566 2020-23836 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72641-72642 2020-25061 2020-25067 Meetings: Board of Visitors, National Defense University, 72641 2020-25093 Education Department Education Department RULES Enforcement Authority for Failure To Adequately Report Under the Higher Education Act, 72567-72569 2020-23526 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Work Colleges Application and Agreement, 72643 2020-25140 Employee Benefits Employee Benefits Security Administration RULES Financial Factors in Selecting Plan Investments, 72846-72885 2020-24515 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application To Amend Export Term:

Southern LNG Co., LLC, 72643-72645 2020-25132 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Mefenoxam, 72571-72574 2020-23423 NOTICES Environmental Impact Statements; Availability, etc., 72649-72650 2020-25203 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Rolls-Royce Deutschland Ltd and Co KG (Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines, 72558-72560 2020-25106 The Boeing Company Airplanes, 72555-72558 2020-25013 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures;

Miscellaneous Amendments, 72560-72563 2020-24987 2020-24988 PROPOSED RULES Airspace Designations and Reporting Points: Lancaster, CA, 72613-72615 2020-25054 Palmdale, CA, 72610-72612 2020-25053 Vicinity of Marion, IL, 72612-72613 2020-25100 Airworthiness Directives: Rolls-Royce Deutschland Ltd and Co KG (Type Certificate Previously Held by BMW Rolls-Royce GmbH and BMW Rolls-Royce Aero Engines) Turbofan Engines, 72608-72610 2020-25014 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72748-72749 2020-25133 Environmental Assessments; Availability, etc.: Shuttle Landing Facility Reentry Site Operator License; Meeting, 72749-72750 2020-25062 Federal Deposit Federal Deposit Insurance Corporation RULES Branch Application Procedures, 72551-72555 2020-23529 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declaration: Alabama; Amendment No. 1, 72676 2020-25071 Florida; Amendment No. 2, 72678 2020-25072 Louisiana;

Amendment No. 1, 72674-72675 2020-25073 Mississippi; Amendment No. 1, 72675 2020-25074 North Carolina; Amendment No. 2, 72677 2020-25070 Major Disaster and Related Determinations: Delaware, 72676 2020-25089 North Dakota, 72681 2020-25088 Major Disaster Declaration: Alabama; Amendment No. 2, 72680 2020-25083 Alabama; Amendment No. 3, 72680-72681 2020-25084 Alabama; Amendment No. 4, 72678 2020-25085 California; Amendment No. 7, 72676-72677 2020-25079 California; Amendment No. 8, 72680 2020-25080 California;

Amendment No. 9, 72677-72678 2020-25139 Florida; Amendment No. 3, 72679-72680 2020-25086 Florida; Amendment No. 4, 72675-72676 2020-25087 Louisiana; Amendment No. 12, 72681 2020-25081 North Carolina; Amendment No. 13, 72679 2020-25075 North Carolina; Amendment No. 2, 72678-72679 2020-25078 North Carolina; Amendment No. 3, 72677, 72679 2020-25076 2020-25077 Oregon; Amendment No. 2, 72675 2020-25082 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 72645-72649 2020-25109 2020-25110 Institution of Section 206 Proceeding and Refund Effective Date:

Pleinmont Solar 1, LLC, 72647 2020-25111 Petition for Declaratory Order: Citizens S-Line Transmission, LLC, 72647 2020-25112 Turlock Irrigation District, Modesto Irrigation District, 72646 2020-25113 Waiver Period for Water Quality Certification Application: North Hartland, LLC, 72646 2020-25114 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in Utah, 72750-72751 2020-25156 Federal Maritime Federal Maritime Commission RULES Update of Existing User Fees, 72574-72579 2020-23763 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreement:

Zoom Video Communications, Inc., 72650-72657 2020-25130 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Highway Right-of-Way, Amended Habitat Conservation Plan and Issuance of an Incidental Take Permit for the Mojave Desert Tortoise, and Proposed Resource Management Plan Amendments, Washington County, UT, 72683-72685 2020-24999 Food and Drug Food and Drug Administration NOTICES Guidance: Documenting Electronic Data Files and Statistical Analysis Programs, 72671-72672 2020-25131 Prospective Grant of an Exclusive Patent License:

Field-Deployable Mass Spectrometer Diagnostic for SARS, SARS-CoV-2 and Other Viruses, Bacteria and Bacterial Serovar, and Drug Impurities, 72672 2020-25142 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 72751-72752 2020-25052 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Ricoh Electronics, Inc., Foreign-Trade Zone 26, Atlanta, GA, 72620-72621 2020-25138 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Housing Administration-Insured Mortgage Loan Servicing of Delinquent, Default, and Foreclosure With Service Members Act, 72683 2020-25047 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Limitation on Deduction for Dividends Received From Certain Foreign Corporations and Amounts Eligible for Section 954 Look-Through Exception;

Correcting Amendment, 72564 2020-23632 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 4.5 Inches) From Romania, 72622-72623 2020-25157 Certain Uncoated Paper From the People's Republic of China, 72624-72627 2020-25159 Citric Acid and Certain Citrate Salts From Colombia, 72621-72622 2020-25045 Forged Steel Fittings From the People's Republic of China, 72627-72629 2020-25044 Large Diameter Welded Pipe From the Republic of Turkey, 72623-72624 2020-25046 Labor Department Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Longitudinal Survey of Youth, 72685-72686 2020-25151 Report on Current Employment Statistics, 72686-72687 2020-25150 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Highway Right-of-Way, Amended Habitat Conservation Plan and Issuance of an Incidental Take Permit for the Mojave Desert Tortoise, and Proposed Resource Management Plan Amendments, Washington County, UT, 72683-72685 2020-24999 Mine Mine Safety and Health Administration NOTICES Petitions for Modification:

Application of Existing Mandatory Safety Standards, 72687-72701 2020-25103 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Identify Management System, 72703-72704 2020-25135 Science, Technology, Engineering and Math Gateway Performance Management and Third-Party Experience, 72702-72703 2020-25134 Meetings: Advisory Council; Science Committee, 72703 2020-25104 National Archives National Archives and Records Administration NOTICES Meetings:

Advisory Committee on the Records of Congress, 72704 2020-25096 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 72704-72705 2020-25095 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Volunteer and Guest Researcher Assignment (Office of Intramural Research, Office of the Director), 72672-72673 2020-25091 Government-Owned Inventions;

Availability for Licensing, 72673-72674 2020-25098 Meetings: National Institute of Environmental Health Sciences, 72674 2020-25097 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area; Reallocation, 72580-72581 2020-25043 Removing the Prohibition on Continuing to Fish After a Partial Offload in the Bering Sea and Aleutian Islands Crab Rationalization Program, 72581-72583 2020-23626 Fisheries of the Northeastern United States:

Atlantic Herring Fishery; 2020 Management Area 1A Sub-Annual Catch Limit Harvested, 72579-72580 2020-25195 PROPOSED RULES Fisheries of the Northeastern United States: Golden Tilefish Fishery; 2021 and Projected 2022 Specifications and Emergency Action, 72616-72619 2020-25042 NOTICES Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 72629, 72632-72633 2020-25124 2020-25125 Gulf of Mexico Fishery Management Council, 72632 2020-25126 New England Fishery Management Council, 72629-72630, 72633-72635 2020-25127 2020-25128 2020-25129 Requests for Nominations:

Atlantic Highly Migratory Species; Advisory Panel, 72630-72632 2020-25148 Navy Navy Department NOTICES Certificate of Alternate Compliance: USS COOPERSTOWN, 72642-72643 2020-25117 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nondiscrimination in Federally Assisted Programs or Activities Receiving Assistance From the Commission, 72705-72706 2020-25158 Environmental Impact Statements; Availability, etc.:

United Nuclear Corporation Church Rock Project, 72706-72707 2020-25048 Occupational Safety Health Rev Occupational Safety and Health Review Commission RULES Regulations Implementing the Freedom of Information Act, 72564-72565 2020-24003 Economic Affairs Office of the Under-Secretary for Economic Affairs NOTICES Meetings: Advisory Committee on Data for Evidence Building, 72620 2020-25147 Patent Patent and Trademark Office NOTICES Secondary Trademark Infringement Liability in the E-Commerce Setting, 72635-72637 2020-25163 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans;

Interest Assumptions for Paying Benefits, 72565-72566 2020-25116 Postal Regulatory Postal Regulatory Commission NOTICES Mail Classification Schedule, 72707-72708 2020-25108 Postal Service Postal Service NOTICES Product Change: Priority Mail and First-Class Package Service Negotiated Service Agreement, 72708 2020-25065 2020-25066 Priority Mail Negotiated Service Agreement, 72708 2020-25064 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Burundi; Continuation of National Emergency (Notice of November 12, 2020), 72891-72893 2020-25309 Iran;

Continuation of National Emergency (Notice of November 12, 2020), 72895 2020-25310 Land and Water Conservation Fund, Cost Estimates and Annual Reports to Congress; Delegation of Authority for Fiscal Year 2021 (Memorandum of November 9, 2020), 72887-72890 2020-25295 Weapons of Mass Destruction, Proliferation; Continuation of National Emergency (Notice of November 12, 2020), 72897 2020-25311 Securities Securities and Exchange Commission NOTICES Application: Invesco Capital Management, LLC, et al., 72712-72715 2020-25050 Upstart Holdings, Inc., 72718-72720 2020-25160 Meetings:

Asset Management Advisory Committee, 72723-72724 2020-25123 Meetings; Sunshine Act, 72708 2020-25214 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 72724-72726 2020-25056 Cboe EDGA Exchange, Inc., 72716-72718 2020-25058 New York Stock Exchange, LLC, 72720-72723 2020-25059 The Depository Trust Co., 72708-72711 2020-25060 Substituted Compliance Application: Bundesanstalt fur Finanzdienstleistungsaufsicht in Connection With Certain Requirements Applicable to Security-Based Swap Entities Subject to Regulation in the Federal Republic of Germany;

Proposed Order, 72726-72746 2020-25166 Small Business Small Business Administration PROPOSED RULES Small Business Size Standards: Professional, Scientific and Technical Services; Management of Companies and Enterprises; Administrative and Support and Waste Management and Remediation Services, 72584-72608 2020-24903 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72747 2020-25137 Disaster Declaration: New York, 72746-72747 2020-25102 Major Disaster Declaration:

Louisiana, 72746 2020-25136 State Department State Department NOTICES Determination Pursuant to the Foreign Missions Act, 72747 2020-25122 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council and the Regional Energy Resource Council, 72747-72748 2020-25152 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 72748 2020-25068 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consideration of Deferred Action for Childhood Arrivals, 72682 2020-25036 Veteran Affairs Veterans Affairs Department RULES Guidance: Administrative Procedures, 72569-72571 2020-25121 PROPOSED RULES Consent for Release of Medical Records; Withdrawal, 72615 2020-24673 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Accelerated Payment Verification of Completion Letter, 72752 2020-25092 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Employees' Compensation Act Medical Reports and Compensation Claims, 72701-72702 2020-25149 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 72754-72844 2020-24758 Part III Labor Department, Employee Benefits Security Administration, 72846-72885 2020-24515 Part IV Presidential Documents, 72887-72890 2020-25295 Part V Presidential Documents, 72891-72893, 72895, 72897 2020-25309 2020-25310 2020-25311 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. 85 220 Friday, November 13, 2020 Rules and Regulations FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 303 and 347 RIN 3064-AF54 Branch Application Procedures AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Final rule.

SUMMARY: The FDIC is adopting a final rule to amend its application requirements for the establishment and relocation of branches and offices so that such applications no longer require statements regarding the compliance of such proposals with the National Historic Preservation Act of 1966

(NHPA)and the National Environmental Policy Act of 1969 (NEPA). The final rule amends the FDIC's regulations to remove NHPA and NEPA requirements embedded in its branch application procedures, and rescinds FDIC statements of policy regarding the NHPA and the NEPA, consistent with branch application procedures for national banks and insured state member banks supervised by the Office of the Comptroller of the Currency

(OCC)and the Board of Governors of the Federal Reserve System. DATES: The final rule is effective on December 14, 2020. FOR FURTHER INFORMATION CONTACT: Navid Choudhury, Counsel, Policy Unit, Legal Division,

(202)898-6526, *nchoudhury@fdic.gov;* Patricia A. Colohan, Associate Director, Risk Management Examination Branch;

(202)898-7283, *pcolohan@fdic.gov.* SUPPLEMENTARY INFORMATION: Background The NHPA and the NEPA were enacted by Congress as discrete but related laws to limit the impact of Federal Government initiatives on historic properties and the environment, respectively. These statutes apply to a limited universe of Federal Government actions. The NHPA and the NEPA seek to incorporate historic preservation and environmental considerations into the Federal Government's work and also to enhance and support state and local laws that address historic preservation and environmental policy. Historically, the FDIC has interpreted the NHPA and NEPA as having limited application to deposit insurance and branch applications. Under Section 106 of the NHPA, Federal agencies are required to take into account the effects of their “undertakings” on historic properties. 1 Likewise, section 102(2)(C) of the NEPA requires that Federal agencies include, in every recommendation or report on major Federal actions significantly affecting the quality of the human environment, a detailed statement that addresses the environmental impact of the proposal. 2 The FDIC has historically interpreted the scope of the NHPA and the NEPA as limited to the potential impact on historic properties and the environment with respect to a limited universe of applications, specifically, for deposit insurance for *de novo* institutions and applications by state non-member banks to establish a domestic branch and to relocate a domestic branch or main office (Covered Applications). 1 54 U.S.C. 306108. 2 42 U.S.C. 4332(C). The FDIC has implemented the NHPA and the NEPA with respect to Covered Applications by regulations and via three statements of policy. The FDIC's regulations generally require applicants to provide statements regarding their compliance with NEPA and NHPA in connection with main office relocation applications by state nonmember banks, 3 domestic and foreign branch establishment and relocation applications by state nonmember banks, 4 and insured branch relocation applications by foreign banks. 5 The three statements of policy are: the *Statement of Policy Regarding the National Historic Preservation Act of 1966;* 6 the *Statement of Policy Regarding the National Environmental Policy Act of 1969;* 7 and the *Statement of Policy on Applications for Deposit Insurance.* 8 3 12 CFR 303.40 and 303.42(b)(4) and (5). 4 12 CFR 303.40, 303.42(b)(4) and (5), and 303.182. See also section 402 (54 U.S.C. 307101) of the NHPA that requires Federal undertakings outside of the United States take into account adverse effects on sites inscribed on the World Heritage List or on the foreign nation's equivalent of the National Register for the purpose of avoiding or mitigating adverse effects. Congress added this provision to the NHPA in 1980 to govern Federal undertakings outside the United States. 5 12 CFR 303.184. 6 71 FR 42399 (July 26, 2006). 7 63 FR 63475 (Nov. 13, 1998). 8 63 FR 44756 (Nov. 20, 1998); amended 67 FR 79278 (Dec. 27, 2002). The FDIC expects to update this Statement of Policy at a later date, however, applications for deposit insurance would also be impacted similarly based on this final rule in that statements regarding the NHPA and the NEPA would not be required for deposit insurance applications. Review of Regulations and Guidance As part of the FDIC's comprehensive review of its statements of policy and related matters in an effort to streamline FDIC regulations and other supervisory materials issued to the public, FDIC staff reviewed the requirements for branch applications. Additionally, the FDIC committed to review all published guidance in order to identify any guidance that should be revised or rescinded because such issuance is out-of-date or otherwise no longer relevant as part of its 2017 decennial report to Congress required by the Economic Growth and Regulatory Paperwork Reduction Act (EGRPRA). 9 9 12 U.S.C. 3311. In accordance with the EGRPRA, the FDIC regularly reviews its regulations to identify outdated or otherwise unnecessary regulatory requirements. Courts generally determine whether the NHPA and the NEPA apply to a particular Federal agency action by applying similar principles to both statutes, because the NHPA and NEPA are parallel but discrete statutes. Section 106 of the NHPA applies only to a Federal “undertaking,” which, for the type of work the FDIC does, means an activity “requiring a federal permit, license or approval.” 10 Section 102(2)(C) of the NEPA applies only to a “major Federal action,” which includes actions with environmental effects that may be major and which are potentially subject to Federal control and responsibility. As noted in the preamble to the July notice of proposed rulemaking, in reviewing the case law on what constitutes an “undertaking” under NHPA or a “major Federal action” under the NEPA, the FDIC does not believe that approval of a Covered Application constitutes a Federal undertaking under section 106 or section 402 of the NHPA or a major Federal action under section 102(2)(C) of the NEPA as discussed below. 10 Undertaking is a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including:

(1)Those carried out by or on behalf of the Federal agency;

(2)those carried out with Federal financial assistance;

(3)those requiring a Federal permit, license or approval; and

(4)those subject to state or local regulation administered pursuant to a delegation or approval by a Federal agency. 54 U.S.C. 300320. Section 18(d) of the Federal Deposit Insurance Act requires the FDIC's consent in connection with: An insured state nonmember bank's establishment of a domestic or foreign branch, an insured state nonmember bank's relocation of its main office or a domestic branch, and a foreign bank's relocation of an insured branch. 11 Section 3(o) defines a domestic branch as any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State of the United States or in any Territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands at which deposits are received or checks paid or money lent. 12 These functions (receiving deposits, paying checks, and lending money) characterize a “domestic branch” and are generally referred to as the “core banking functions.” Section 3(o) likewise defines a “foreign branch” as any office or place of business located outside the United States at which “banking operations are conducted,” 13 and an insured branch of a foreign bank is defined as a branch of a foreign bank at which insured deposits are received. 14 Section 18(d) therefore generally prohibits a state nonmember bank from engaging in specified activities at a location other than an FDIC-approved main office, domestic branch, or foreign branch, and prohibits a foreign bank from receiving insured deposits at a location other than an approved insured branch. Section 18(d) does not confer upon the FDIC the statutory authority to oversee the construction or acquisition of bank premises, but it governs the circumstances under which the FDIC may authorize a state nonmember bank or an insured branch of a foreign bank to engage in specified banking functions from bank premises. The FDIC's approval of an application under section 18(d), as well as its consideration of NHPA and NEPA in connection with deposit insurance applications, only authorizes certain banking activities to occur at a particular geographic location. Therefore, the FDIC's approval of a Covered Application does not authorize any building construction or demolition—or any other activity that could affect historic properties or the environment. 11 12 U.S.C. 1828(d)(1) & (2). 12 12 U.S.C. 1813(o). 13 *Id.* 14 12 U.S.C. 1813(s); *see also* 12 U.S.C. 3101(b)(6). Currently, the FDIC is the only Federal banking agency that requires consideration of the NHPA and NEPA in connection with branch applications. The regulatory requirements under the Federal Reserve Board and the OCC do not incorporate review of the NHPA and the NEPA with respect to branch applications. 15 After carefully reviewing the FDIC's procedures for Covered Applications, the FDIC has concluded that consideration of the NHPA and NEPA is not required by law and is an unnecessary regulatory requirement for insured State nonmember banks. 15 84 FR 51711 (Sept. 30, 2019). Proposed Rule; Rescission of Policy Statements On July 10, 2020, the FDIC published a notice of proposed rulemaking

(NPR)to amend its application requirements for the establishment and relocation of branches and offices and deposit insurance for de novo institutions so that such applications would no longer require statements regarding the compliance of such proposal with the NHPA and NEPA. 16 The NPR proposed amending the FDIC regulations to remove NHPA and NEPA requirements embedded in the branch application procedures, and to rescind the statements of policy regarding the NHPA and NEPA, because consideration of these statutes during the processing of these applications is an unnecessary regulatory requirement and would make the FDIC's procedures consistent with the branch application procedures for national banks and insured State member banks supervised by the OCC and Federal Reserve System. 16 85 FR 41442 (July 10, 2020). Comments The FDIC issued the NPR on July 10, 2020, with a 30-day comment period. The FDIC received one comment on the NPR. The commenter supported the proposal by noting that rescinding the filing requirement would make the application process more efficient, align with timing requirements, and remove a time-consuming and onerous requirement. Consequently, the final rule is adopted without change. Explanation of the Final Rule The final rule amends parts 303 and 347 to remove references to compliance statements regarding the NHPA and NEPA, as well as to rescind the *Statement of Policy Regarding the National Historic Preservation Act of 1966* and the *Statement of Policy Regarding the National Environmental Policy Act of 1969.* The amendments to 12 CFR parts 303 and 347, together with the rescission of the two Statements of Policy regarding the NHPA and the NEPA, eliminate requirements that are unnecessary for insured state nonmember banks and insured branches of foreign banks, as well as improve the efficiency of the Covered Application review process. Additionally, these actions place the FDIC in alignment with the other Federal banking agencies and remove a competitive disadvantage insured state nonmember banks and insured branches of foreign banks now face relative to insured state member banks and national banks. Furthermore, insured state nonmember banks and insured branches of foreign banks remain subject to any applicable state and local historic preservation and environmental laws. Expected Effects According to the most recent data, the FDIC supervises 3,309 depository institutions. The final rule specifically affects 2,980 state nonmember depository institutions supervised by the FDIC and 9 insured branches of foreign banks. 17 FDIC supervised State savings banks and associations are not subject to the NHPA/NEPA requirements because 12 CFR part 303 only applies to insured state nonmember banks. As previously discussed, the final rule would

(1)remove “NEPA” and “NHPA” as defined terms in 12 CFR 303.2(w) and (x);

(2)amend the branch application filing procedures for state nonmember banks set forth in 12 CFR 303.42 by deleting the requirements related to the NHPA and the NEPA set forth in paragraphs (b)(4) and (5);

(3)amend the foreign branch application notice procedures for state nonmember banks set forth in 12 CFR 303.182 by removing the requirements to provide a statement in accordance with NHPA set forth in paragraphs

(a)and (b)(2)(i), and by removing NHPA compliance as a basis for withholding general consent to establish or relocate a foreign branch under 12 CFR 347.119(b);

(4)amend the filing procedures for moving an insured branch of a foreign bank set forth in 12 CFR 303.184 by deleting the requirements related to the NHPA and the NEPA set forth in paragraphs (a)(2)(iii) and

(iv)and (d)(1)(iv); and

(5)rescind the *Statement of Policy Regarding the National Historic Preservation Act of 1966;* and

(6)rescind the *Statement of Policy on National Environmental Policy Act Procedures Relating to Filings Made with the FDIC.* In so doing, the final rule would amend the required contents for applications for establishment of a branch and applications for relocation of a branch or main office. Between 2015 and 2018, the FDIC received 549 applications from 400 unique insured State nonmember banks per year to establish a branch, 177 applications from 152 unique insured State nonmember banks per year to relocate a branch or main office, and 1 application from insured branches of foreign banks per year to relocate a branch or main office, on average. 18 For purposes of this analysis, the FDIC is estimating that the number of unique respondents affected by the final rule would be consistent with this recent experience. Therefore, the FDIC estimates that the final rule would affect 400 insured State nonmember banks applying to establish a domestic branch, 152 insured State nonmember institutions applying to relocate a branch or main office, and 1 insured branch of a foreign bank applying to relocate a branch or main office, per year, on average. 17 FDIC Call Report data, March 31, 2020. 18 FDIC Application Data. The final rule would likely reduce the costs associated with filing branch applications for affected entities by making the process more efficient. Although the final rule is expected to reduce costs associated with Covered Applications for applicants dealing with historic properties or environmental issues, the FDIC does not believe the final rule will reduce the average hours per response for Covered Applications. Additionally, as previously discussed, the FDIC is currently the only Federal banking agency that requires consideration of the NHPA and NEPA in connection with branch applications. Therefore, the final rule is expected to remove a competitive disadvantage that insured state nonmember banks and insured branches of foreign banks now face relative to state member banks and national banks. The FDIC believes that the associated reductions in costs and application information content as a result of the final rule are unlikely to generate significant effects on the U.S. economy. The estimated cost reductions are likely to be small because the number of entities affected is also estimated to be small. Further, as previously discussed, while covered applications of insured state nonmember banks and insured branches of foreign banks would no longer be subject to NHPA or NEPA review under federal law, they would remain subject to any applicable state and local historic preservation and environmental laws. Accordingly, outcomes for individual properties that are the subject of covered applications may differ in some states from what they would have been in the absence of the rule. As previously discussed, after reviewing the case law on what constitutes an “undertaking” under NHPA or a “major Federal action” under the NEPA, the FDIC does not believe that approval of a Covered Application constitutes a federal undertaking under section 106 of the NHPA or a major federal action under section 102(2)(C) of the NEPA. Therefore, concurrent with the amendment of 12 CFR parts 303 and 347, the FDIC is planning on rescinding the Statements of Policy entitled *Statement of Policy Regarding the National Historic Preservation Act of 1966,* and *Statement of Policy on National Environmental Policy Act Procedures Relating to Filings Made with the FDIC.* The FDIC believes that the concurrent action to rescind these Statements of Policy will help simplify the application process by removing unnecessary information for applicants, thereby making the process more efficient. Alternatives Considered The FDIC considered alternatives to the final rule but believes that the amendments represent the most appropriate option for affected entities. As discussed previously, after carefully reviewing the FDIC's procedures for Covered Applications, the FDIC has concluded that consideration of the NHPA and the NEPA is not required by law and is an unnecessary regulatory requirement of the branch application review process. The FDIC considered the alternative of retaining the current regulations, but did not choose to do so. As discussed elsewhere in this preamble, the FDIC believes the regulations are unnecessary, require entities to incur unnecessary costs associated with submitting branch applications, and perpetuate a competitive disadvantage for insured state nonmember banks and insured branches of foreign banks relative to insured state member banks and national banks. Additionally, the FDIC considered retaining the Statements of Policy entitled, *Statement of Policy Regarding the National Historic Preservation Act of 1966 and Statement of Policy on National Environmental Policy Act Procedures Relating to Filings Made with the FDIC,* but did not choose to do so. Upon reevaluation of the applicability of what constitutes an “undertaking” under NHPA or a “major Federal action” under the NEPA, and deletion of requirements related to the NHPA and the NEPA in 12 CFR parts 303 and 347, these Statements of Policy would be unnecessary. Therefore, the FDIC is amending 12 CFR parts 303 and 347 by deleting the requirements related to the NHPA and the NEPA and concurrently rescinding the related Statements of Policy. Regulatory Analysis A. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires that, in connection with a notice of final rulemaking, an agency prepare and make available for public comment a final regulatory flexibility analysis that describes the impact of the final rule on small entities. 19 However, a final 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, including a statement providing a factual basis for the certification, 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 $600 million. 20 Generally, the FDIC considers a significant effect to be a quantified effect in excess of 5 percent of total annual salaries and benefits, or 2.5 percent of total noninterest expenses. The FDIC believes that effects in excess of these thresholds typically represent significant effects for FDIC-supervised institutions. For the reasons provided below, the FDIC certifies that the final rule will not have a significant economic impact on a substantial number of small banking organizations. Accordingly, a regulatory flexibility analysis is not required. 19 5 U.S.C. 601, *et seq.* 20 The SBA defines a small banking organization as having $600 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 by 84 FR 34261, effective August 19, 2019). “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 RFA. According to the most recent data, the FDIC supervises 3,309 insured depository institutions, of which 2,548 are considered small banking organizations for the purposes of RFA. 21 As previously discussed, the final rule would

(1)remove “NEPA” and “NHPA” as defined terms in 12 CFR 303.2(w) and (x);

(a)and (b)(2)(i), and by removing NHPA compliance as a basis for withholding general consent to establish or relocate a foreign branch under 12 CFR 347.119(b);

(iv)and (d)(1)(iv);

(5)rescind the *Statement of Policy Regarding the National Historic Preservation Act of 1966;* and

(6)rescind the *Statement of Policy on National Environmental Policy Act Procedures Relating to Filings Made with the FDIC.* In so doing, the final rule amends the required contents for applications for establishment of a branch and applications for relocation of a branch or main office. The final rule could affect the 2,352 small state nonmember depository institutions supervised by the FDIC. No insured branches of foreign banks are considered small banking organizations for the purposes of RFA. 22 21 FDIC Call Report data for the period ending March 31, 2020. 22 FFIEC Reports of Condition and Income (Call Report), for the period ending March 31, 2020. Between 2015 and 2018, the FDIC received applications from 195 unique small insured State nonmember banks per year to establish a branch and applications from 68 unique small insured State nonmember banks per year to relocate a branch or main office, on average. 23 For purposes of this analysis, the FDIC is estimating that the number of unique respondents affected by the final rule will be consistent with this recent experience. Therefore, the FDIC estimates that the final rule will affect approximately 195 small insured State nonmember banks applying to establish a domestic branch and approximately 68 small insured State nonmember institutions applying to relocate a branch or main office, per year. In total, these 263 affected entities represent no more than an estimated 10.3 percent of small FDIC-supervised institutions. 23 FDIC Application Data. The final rule is likely to reduce the costs associated with filing Covered Applications for small entities, making the process more efficient. Although the final rule is expected to reduce costs associated with Covered Applications for small applicants dealing with historic properties or environmental issues, the FDIC does not believe the final rule will reduce the average hours per response for Covered Applications. Additionally, as previously discussed, the FDIC is currently the only Federal banking agency that requires consideration of the NHPA and NEPA in connection with branch applications. Therefore, the final rule is expected to remove a competitive disadvantage that small insured state nonmember banks and insured branches of foreign banks currently face relative to state member banks and national banks. Based on the information above, and pursuant to section 605(b) of the RFA, the FDIC certifies that the final rule will not have a significant economic impact on a substantial number of small entities. B. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), 24 the FDIC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently-valid Office of Management and Budget

(OMB)control number. The final rule affects the FDIC's current information collection titled “Application for a Bank to Establish a Branch or Move its Main Office” (OMB Control No. 3064-0070). In particular, the final rule removes the requirements related to NHPA and NEPA therefore reducing the PRA burden. However, the amount of hourly burden previously indicated in connection with the PRA information collection does not distinguish between the time to comply with the NHPA and NEPA and the other non-NHPA/NEPA notification requirements. For this reason, the FDIC is assuming that any allotted time dedicated to NHPA and NEPA is minimal and will result in a zero net change in the current estimated average hourly burden for the information collection. Therefore, no submission will be made to OMB for review. 24 44 U.S.C. 3501-3521. 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), 25 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 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, 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. 26 Because the final rule does not impose any reporting, disclosure, or other new requirements on insured depository institutions, the requirements of RCDRIA do not apply. 25 12 U.S.C. 4802(a). 26 *Id.* at 4802(b). D. Congressional Review Act For purposes of Congressional Review Act (CRA), the OMB makes a determination as to whether a final rule constitutes a “major” rule. 27 If a rule is deemed a major rule by the OMB, the CRA generally provides that the rule may not take effect until at least 60 days following its publication. 28 27 5 U.S.C. 801 *et seq.* 28 5 U.S.C. 801(a)(3). The CRA 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. 29 29 5 U.S.C. 804(2). The OMB has determined that the final rule is not a major rule for purposes of the CRA and the FDIC will submit the final rule and other appropriate reports to Congress and the Government Accountability Office for review. E. Plain Language Section 722 of the Gramm-Leach-Bliley Act 30 requires each Federal banking agency to use plain language in all of its proposed and final rules published after January 1, 2000. The FDIC has sought to present the final rule in a simple and straightforward manner and did not receive any comments on the use of plain language in connection with the proposed rule. 30 Public Law 106-102, section 722, 113 Stat. 1338, 1471 (1999). List of Subjects 12 CFR Part 303 Administrative practice and procedure, Bank deposit insurance, Banks, banking, Reporting and recordkeeping requirements, Savings associations. 12 CFR Part 347 Authority delegations (Government agencies), Bank deposit insurance, Banks, banking, Credit, Foreign banking, Investments, Reporting and recordkeeping requirements, U.S. Investments abroad. FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Chapter III Authority and Issuance For the reasons set forth in the preamble, the FDIC amends 12 CFR parts 303 and 347 as follows: PART 303—FILING PROCEDURES 1. The authority citation for part 303 continues to read as follows: Authority: 12 U.S.C. 378, 478, 1463, 1467a, 1813, 1815, 1817, 1818, 1819 (Seventh and Tenth), 1820, 1823, 1828, 1831i, 1831e, 1831o, 1831p-1, 1831w, 1831z, 1835a, 1843(l), 3104, 3105, 3108, 3207, 5412; 15 U.S.C. 1601-1607. § 303.2 [Amended] 2. In § 303.2, remove paragraphs

(w)and

(x)and redesignate paragraphs

(y)through

(gg)as paragraphs

(w)through (ee), respectively. § 303.42 [Amended] 3. In § 303.42, remove paragraphs (b)(4) and

(5)and redesignate paragraphs (b)(6) through

(8)as paragraphs (b)(4) through (6), respectively. 4. Amend § 303.182 by revising paragraphs

(a)and (b)(2)(i) to read as follows: § 303.182 Establishing, moving or closing a foreign branch of an insured state nonmember bank.

(a)*Notice procedures for general consent.* Notice in the form of a letter from an eligible depository institution establishing or relocating a foreign branch pursuant to § 347.117(a) of this chapter must be provided to the appropriate FDIC office no later than 30 days after taking such action. The notice must include the location of the foreign branch, including a street address. The FDIC will provide written acknowledgment of receipt of the notice.

(b)* * *

(2)* * *

(i)The exact location of the proposed foreign branch, including the street address. 5. Amend § 303.184 by: a. Removing paragraphs (a)(2)(iii) and (iv); b. Redesignating paragraphs (a)(2)(v) and

(vi)as paragraphs (a)(iii) and (iv), respectively; and c. Revising paragraph (d)(1)(iv). The revision reads as follows: § 303.184 Moving an insured branch of a foreign bank.

(d)* * *

(1)* * *

(iv)Compliance with the CRA and any applicable related regulations, including 12 CFR part 345, has been considered and favorably resolved; PART 347—INTERNATIONAL BANKING 6. The authority citation for part 347 continues to read as follows: Authority: 12 U.S.C. 1813, 1815, 1817, 1819, 1820, 1828, 3103, 3104, 3105, 3108, 3109; Pub. L. 111-203, section 939A, 124 Stat. 1376, 1887 (July 21, 2010) (codified 15 U.S.C. 78o-7 note). § 347.119 [Amended] 7. Amend § 347.119 by removing paragraph

(b)and redesignating paragraphs

(c)and

(d)as paragraphs

(b)and (c), respectively. Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on October 20, 2020. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2020-23529 Filed 11-12-20; 8:45 am]

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