Unknown. Final rule; official interpretation

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-12-30.xml --- 87 250 Friday, December 30, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment for the Zephcare PSO, 80537-80538 2022-28432 Requests for Nominations: U.S. Preventive Services Task Force, 80538-80539 2022-28469 Agriculture Agriculture Department See Forest Service Consumer Financial Protection Bureau of Consumer Financial Protection RULES Home Mortgage Disclosure (Regulation C) Adjustment to Asset-Size Exemption Threshold, 80433-80435 2022-28441 Truth in Lending Act (Regulation Z) Adjustment to Asset-Size Exemption Threshold, 80435-80439 2022-28439 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, and End-Stage Renal Disease Treatment Choices Model; Correction, 80469-80470 2022-28364 Implementing Certain Provisions of the Consolidated Appropriations Act, 2021 and other Revisions to Medicare Enrollment and Eligibility Rules; Correction, 80468-80469 2022-28359 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80539-80540 2022-28466 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Temporary Assistance for Needy Families Financial Report, 80541-80542 2022-28423 Tribal Maternal, Infant, and Early Childhood Home Visiting Program: Guidance for Submitting an Annual Report to the Secretary, 80540-80541 2022-28427 Coast Guard Coast Guard RULES Security Zones: Corpus Christi Ship Channel, Corpus Christi, TX, 80446-80448 2022-28471 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Royalty Board Copyright Royalty Board RULES Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV), 80448-80460 2022-28316 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Build America, Buy America Act Domestic Sourcing Requirements Waiver—Waiver Request Form, 80527-80528 2022-28450 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Maricopa County; Power Plants, 80462-80468 2022-28272 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Illinois; Alton Township 2010 Sulfur Dioxide Attainment Plan, 80509-80519 2022-28158 Renewable Fuel Standard Program: Standards for 2023-2025 and Other Changes, 80582-80756 2022-26499 NOTICES Environmental Impact Statements; Availability, etc., 80537 2022-28438 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Dassault Aviation Airplanes, 80439-80441 2022-28383 Federal Communications Federal Communications Commission RULES Television Broadcasting Services:

Great Falls, MT, 80470-80471 2022-28312 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80528-80529 2022-28455 Combined Filings, 80529-80530, 80532-80533 2022-28452 2022-28453 Meetings: Transmission Planning and Cost Management, Joint Federal-State Task Force on Electric Transmission; Post-Technical Conference Comments, 80533-80537 2022-28454 Request under Blanket Authorization and Establishing Intervention and Protest Deadline:

Texas Eastern Transmission, LP, 80530-80532 2022-28456 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Port of Long Beach Pier B On-Dock Rail Support Facility Project, 80577-80578 2022-28424 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Fish and Wildlife Applications and Reports—Law Enforcement, 80566-80568 2022-28426 Food and Drug Food and Drug Administration RULES Medical Devices:

Neurological Devices; Classification of the Pediatric Autism Spectrum Disorder Diagnosis Aid, 80444-80446 2022-28430 NOTICES Emergency Use Authorization: In Vitro Diagnostic Device in Response to an Outbreak of Mpox, 80542-80552 2022-28460 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 80578 2022-28440 Forest Forest Service NOTICES Directive Publication, 80522-80523 2022-28431 Meetings: Southwest Montana Resource Advisory Committee, 80523-80524 2022-28412 Tri County Resource Advisory Committee, 80522 2022-28411 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Acute Radiation Syndrome Medical Countermeasures Declaration, 80552-80554 2022-28437 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service PROPOSED RULES Use of an Electronic Medium to Make Participant Elections and Spousal Consents, 80501-80509 2022-28327 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualified Plug-in Electric Drive Motor Vehicle Credit and Revenue Procedure 2022-42, 80578-80579 2022-28402 Superfund Chemical Substance Tax: Request to Modify List of Taxable Substances;

Filing of Petition for Polyphenylene Sulfide, 80579-80580 2022-28407 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, and the United Arab Emirates, 80524-80525 2022-28406 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing Same, 80568-80569 2022-28408 Certain Wearable Electronic Devices with ECG Functionality and Components Thereof, 80569-80571 2022-28409 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Immigration-Related Unfair Employment Practices Charge Form, 80571 2022-28209 Library Library of Congress See Copyright Royalty Board National Credit National Credit Union Administration PROPOSED RULES Financial Innovation: Loan Participations, Eligible Obligations, and Notes of Liquidating Credit Unions, 80479-80501 2022-27607 National Institute National Institutes of Health NOTICES Licenses; Exemptions, Applications, Amendments etc.: Prospective Grant of an Exclusive Patent License:

Development and Commercialization of Natural Killer Cell Therapies for Cancer, 80556-80565 2022-28404 Meetings: National Human Genome Research Institute, 80555 2022-28447 National Institute of Dental and Craniofacial Research, 80555-80556 2022-28448 National Institute of Mental Health, 80554-80555 2022-28445 2022-28446 National Institute on Aging, 80565-80566 2022-28457 National Institute on Drug Abuse, 80554 2022-28449 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States:

Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-24 Biennial Specifications and Management Measures, 80471 C1-2022-26904 PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska: Amendment 122 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area; Pacific Cod Trawl Cooperative Program, 80519-80521 2022-28467 NOTICES Meetings: North Pacific Fishery Management Council, 80525-80527 2022-28463 2022-28464 Permits;

Applications, Issuances, etc.: Marine Mammals; File No. 24378, 80527 2022-28443 Marine Mammals; File No. 27079, 80526 2022-28444 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Reporting Nuclear Medicine Injection Extravasations as Medical Events, 80474-80479 2022-28356 NOTICES Meetings; Sunshine Act, 80571-80572 2022-28504 Personnel Personnel Management Office PROPOSED RULES Prevailing Rate Systems: Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas, 80472-80474 2022-28318 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 80572-80573 2022-28425 Postal Service Postal Service NOTICES Product Change:

Parcel Select Negotiated Service Agreement, 80573 2022-28415 Priority Mail and Parcel Select Negotiated Service Agreement, 80573 2022-28418 2022-28419 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 80574 2022-28417 Priority Mail Express, Priority Mail, First-Class Package Service, and Parcel Select Service Negotiated Service Agreement, 80573-80574 2022-28413 2022-28416 Priority Mail Negotiated Service Agreement, 80573 2022-28414 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80574-80577 2022-28433 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service RULES Refund of Alcohol Excise Tax, 80442-80444 2022-28375 Customs U.S. Customs and Border Protection RULES Refund of Alcohol Excise Tax, 80442-80444 2022-28375 Veteran Affairs Veterans Affairs Department RULES Statutory Increase in Operations and Maintenance Grant Funding, 80460-80462 2022-28334 Separate Parts In This Issue Part II Environmental Protection Agency, 80582-80756 2022-26499 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. 87 250 Friday, December 30, 2022 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1003 Home Mortgage Disclosure (Regulation C) Adjustment to Asset-Size Exemption Threshold AGENCY: Bureau of Consumer Financial Protection.

ACTION: Final rule; official interpretation. SUMMARY: The Consumer Financial Protection Bureau (Bureau) is amending the official commentary that interprets the requirements of the Bureau's Regulation C (Home Mortgage Disclosure) to reflect the asset-size exemption threshold for banks, savings associations, and credit unions based on the annual percentage change in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Based on the 8.6 percent increase in the average of the CPI-W for the 12-month period ending in November 2022, the exemption threshold is adjusted to $54 million from $50 million.

Therefore, banks, savings associations, and credit unions with assets of $54 million or less as of December 31, 2022, are exempt from collecting data in 2023. DATES: This rule is effective on January 1, 2023. FOR FURTHER INFORMATION CONTACT: Adrien Fernandez, Counsel, Thomas Dowell, Senior Counsel; Office of Regulations, at

(202)435-7700. If you require this document in an alternative electronic format, please contact *CFPB_Accessibility@cfpb.gov.* SUPPLEMENTARY INFORMATION: The Bureau is amending Regulation C, which implements the HMDA asset thresholds, to establish the asset-sized exemption threshold for depository financial institution for 2023. The asset threshold will be $54 million for 2023. I. Background The Home Mortgage Disclosure Act of 1975

(HMDA)1 requires most mortgage lenders located in metropolitan areas to collect data about their housing related lending activity. Annually, lenders must report their data to the appropriate Federal agencies and make the data available to the public. The Bureau's Regulation C implements HMDA. 2 1 12 U.S.C. 2801-2810. 2 12 CFR part 1003. Prior to 1997, HMDA exempted certain depository institutions as defined in HMDA ( *i.e.,* banks, savings associations, and credit unions) with assets totaling $10 million or less as of the preceding year-end. In 1996, HMDA was amended to expand the asset-size exemption for these depository institutions. 3 The amendment increased the dollar amount of the asset-size exemption threshold by requiring a one-time adjustment of the $10 million figure based on the percentage by which the CPI-W for 1996 exceeded the CPI-W for 1975, and it provided for annual adjustments thereafter based on the annual percentage increase in the CPI-W, rounded to the nearest multiple of $1 million. 3 12 U.S.C. 2808(b). The definition of “financial institution” in § 1003.2(g) provides that the Bureau will adjust the asset threshold based on the year-to-year change in the average of the CPI-W, not seasonally adjusted, for each 12-month period ending in November, rounded to the nearest $1 million. For 2022, the threshold was $50 million. During the 12-month period ending in November 2022, the average of the CPI-W increased by 8.6 percent. As a result, the exemption threshold is increased to $54 million for 2023. Thus, banks, savings associations, and credit unions with assets of $54 million or less as of December 31, 2022, are exempt from collecting data in 2023. An institution's exemption from collecting data in 2023 does not affect its responsibility to report data it was required to collect in 2022. II. Procedural Requirements A. Administrative Procedure Act Under the Administrative Procedure Act (APA), notice and opportunity for public comment are not required if the Bureau finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 4 Pursuant to this final rule, comment 2(g)-2 in Regulation C, supplement I, is amended to update the exemption threshold. The amendment in this final rule is technical and non-discretionary, and it merely applies the formula established by Regulation C for determining any adjustments to the exemption threshold. For these reasons, the Bureau has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. Therefore, the amendment is adopted in final form. 4 5 U.S.C. 553(b)(B). Section 553(d) of the APA generally requires publication of a final rule not less than 30 days before its effective date, except

(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;

(2)interpretive rules and statements of policy; or

(3)as otherwise provided by the agency for good cause found and published with the rule. 5 At a minimum, the Bureau believes the amendments fall under the third exception to section 553(d). The Bureau finds that there is good cause to make the amendments effective on January 1, 2023. The amendment in this final rule is technical and non-discretionary, and it applies the method previously established in the agency's regulations for determining adjustments to the threshold. 5 5 U.S.C. 553(d). B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 6 As noted previously, the Bureau has determined that it is unnecessary to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA's requirement relating to an initial and final regulatory flexibility analysis do not apply. 6 5 U.S.C. 603(a), 604(a). C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 7 the Bureau reviewed this final rule. The Bureau has determined that this rule does not create any new information collections or substantially revise any existing collections. 7 44 U.S.C. 3506; 5 CFR part 1320. D. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Bureau will submit a report containing this rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to the rule taking effect. The Office of Information and Regulatory Affairs

(OIRA)has designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). III. Signing Authority Senior Advisor Brian Shearer, having reviewed and approved this document, is delegating the authority to sign this document electronically to Laura Galban, a Bureau Federal Register Liaison, for purposes of publication in the **Federal Register** . List of Subjects in 12 CFR Part 1003 Banks, banking, Credit unions, Mortgages, National banks, Reporting and recordkeeping requirements, Savings associations. Authority and Issuance For the reasons set forth above, the Bureau amends Regulation C, 12 CFR part 1003, as set forth below: PART 1003—HOME MORTGAGE DISCLOSURE (REGULATION C) 1. The authority citation for part 1003 continues to read as follows: Authority: 12 U.S.C. 2803, 2804, 2805, 5512, 5581. 2. Supplement I to part 1003 is amended by revising *2(g) Financial Institution* under the heading *Section 1003.2—Definitions* to read as follows: Supplement I to Part 1003—Official Interpretations Section 1003.2—Definitions 2(g) Financial Institution 1. *Preceding calendar year and preceding December 31.* The definition of financial institution refers both to the preceding calendar year and the preceding December 31. These terms refer to the calendar year and the December 31 preceding the current calendar year. For example, in 2019, the preceding calendar year is 2018 and the preceding December 31 is December 31, 2018. Accordingly, in 2019, Financial Institution A satisfies the asset-size threshold described in § 1003.2(g)(1)(i) if its assets exceeded the threshold specified in comment 2(g)-2 on December 31, 2018. Likewise, in 2020, Financial Institution A does not meet the loan-volume test described in § 1003.2(g)(1)(v)(A) if it originated fewer than 25 closed-end mortgage loans during either 2018 or 2019. 2. *Adjustment of exemption threshold for banks, savings associations, and credit unions.* For data collection in 2023, the asset-size exemption threshold is $54 million. Banks, savings associations, and credit unions with assets at or below $54 million as of December 31, 2022, are exempt from collecting data for 2023. *3. Merger or acquisition—coverage of surviving or newly formed institution.* After a merger or acquisition, the surviving or newly formed institution is a financial institution under § 1003.2(g) if it, considering the combined assets, location, and lending activity of the surviving or newly formed institution and the merged or acquired institutions or acquired branches, satisfies the criteria included in § 1003.2(g). For example, A and B merge. The surviving or newly formed institution meets the loan threshold described in § 1003.2(g)(1)(v)(B) if the surviving or newly formed institution, A, and B originated a combined total of at least 200 open-end lines of credit in each of the two preceding calendar years. Likewise, the surviving or newly formed institution meets the asset-size threshold in § 1003.2(g)(1)(i) if its assets and the combined assets of A and B on December 31 of the preceding calendar year exceeded the threshold described in § 1003.2(g)(1)(i). Comment 2(g)-4 discusses a financial institution's responsibilities during the calendar year of a merger. *4. Merger or acquisition—coverage for calendar year of merger or acquisition.* The scenarios described below illustrate a financial institution's responsibilities for the calendar year of a merger or acquisition. For purposes of these illustrations, a “covered institution” means a financial institution, as defined in § 1003.2(g), that is not exempt from reporting under § 1003.3(a), and “an institution that is not covered” means either an institution that is not a financial institution, as defined in § 1003.2(g), or an institution that is exempt from reporting under § 1003.3(a). i. Two institutions that are not covered merge. The surviving or newly formed institution meets all of the requirements necessary to be a covered institution. No data collection is required for the calendar year of the merger (even though the merger creates an institution that meets all of the requirements necessary to be a covered institution). When a branch office of an institution that is not covered is acquired by another institution that is not covered, and the acquisition results in a covered institution, no data collection is required for the calendar year of the acquisition. ii. A covered institution and an institution that is not covered merge. The covered institution is the surviving institution, or a new covered institution is formed. For the calendar year of the merger, data collection is required for covered loans and applications handled in the offices of the merged institution that was previously covered and is optional for covered loans and applications handled in offices of the merged institution that was previously not covered. When a covered institution acquires a branch office of an institution that is not covered, data collection is optional for covered loans and applications handled by the acquired branch office for the calendar year of the acquisition. iii. A covered institution and an institution that is not covered merge. The institution that is not covered is the surviving institution, or a new institution that is not covered is formed. For the calendar year of the merger, data collection is required for covered loans and applications handled in offices of the previously covered institution that took place prior to the merger. After the merger date, data collection is optional for covered loans and applications handled in the offices of the institution that was previously covered. When an institution remains not covered after acquiring a branch office of a covered institution, data collection is required for transactions of the acquired branch office that take place prior to the acquisition. Data collection by the acquired branch office is optional for transactions taking place in the remainder of the calendar year after the acquisition. iv. Two covered institutions merge. The surviving or newly formed institution is a covered institution. Data collection is required for the entire calendar year of the merger. The surviving or newly formed institution files either a consolidated submission or separate submissions for that calendar year. When a covered institution acquires a branch office of a covered institution, data collection is required for the entire calendar year of the merger. Data for the acquired branch office may be submitted by either institution. *5. Originations.* Whether an institution is a financial institution depends in part on whether the institution originated at least 25 closed-end mortgage loans in each of the two preceding calendar years or at least 200 open-end lines of credit in each of the two preceding calendar years. Comments 4(a)-2 through -4 discuss whether activities with respect to a particular closed-end mortgage loan or open-end line of credit constitute an origination for purposes of § 1003.2(g). *6. Branches of foreign banks—treated as banks.* A Federal branch or a State-licensed or insured branch of a foreign bank that meets the definition of a “bank” under section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(a)) is a bank for the purposes of § 1003.2(g). *7. Branches and offices of foreign banks and other entities—treated as nondepository financial institutions.* A Federal agency, State-licensed agency, State-licensed uninsured branch of a foreign bank, commercial lending company owned or controlled by a foreign bank, or entity operating under section 25 or 25A of the Federal Reserve Act, 12 U.S.C. 601 and 611 (Edge Act and agreement corporations) may not meet the definition of “bank” under the Federal Deposit Insurance Act and may thereby fail to satisfy the definition of a depository financial institution under § 1003.2(g)(1). An entity is nonetheless a financial institution if it meets the definition of nondepository financial institution under § 1003.2(g)(2). Laura Galban, Federal Register Liaison, Consumer Financial Protection Bureau. [FR Doc. 2022-28441 Filed 12-29-22; 8:45 am]

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