Agencies and Commissions November 2016 – Federal Register Recent Federal Regulation Documents

The NCUA Board (Board) is finalizing a rule to make several technical amendments to NCUA's rule governing the Community Development Revolving Loan Fund (CDRLF). The amendments will make the rule more succinct and improve its transparency, organization, and ease of use by credit unions.

The National Credit Union Administration (NCUA) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.

In 1990, Congress enacted statutory amendments that provided for periodic adjustments to the maximum civil penalty amounts authorized under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) increased the maximum civil penalty amounts to $100,000 for each violation and $15,000,000 for any related series of violations. The CPSIA also revised the starting date, from December 1, 1994 to December 1, 2011, and December 1 of each fifth calendar year thereafter, on which the Commission must prescribe and publish in the Federal Register, the schedule of maximum authorized penalties. As calculated in accordance with the amendments, the new amounts are $110,000 for each violation, and $16,025,000 for any related series of violations.

The Board of Governors (Board) is adopting, in final form and without change, an interim final rule amending Regulation I. The final rule establishes procedures for payment of dividends by the Federal Reserve Banks (Reserve Banks) to implement the provisions of section 32203 of the ``Fixing America's Surface Transportation Act.'' The final rule sets out the dividend rates applicable to Reserve Bank depository institution stockholders and amends provisions of Regulation I regarding treatment of accrued dividends when a Reserve Bank issues or cancels Federal Reserve Bank capital stock.

Petitions for Reconsideration and Clarification (Petitions) have been filed in the Commission's rulemaking proceeding by David Springe and David C. Bergmann, on behalf of NASUCA, and Kathy D. Smith, on behalf of NTIA.

The Advisory Committee on Rules of Civil Procedure has proposed amendments to the following rules: Civil Rules 5, 23, 62, and 65.1. Three public hearings were scheduled on these proposed amendments. An in-person hearing was held on November 3, 2016, in Washington, DC Two additional public hearings are scheduled. There will be an in-person hearing in Phoenix, Arizona, on January 4, 2017, and a telephonic hearing on February 16, 2017. Those wishing to testify in person on January 4, 2017 or telephonically on February 16, 2017, must contact the Secretary by email at: Rules_Support@ao.uscourts.gov, with a copy mailed to the address below at least 30 days before the hearing. Please note: The public hearing on the amendments to the Civil Rules previously scheduled in Dallas/Fort Worth, Texas, for February 16, 2017, will be held via telephone conference. The text of the proposed rules and the accompanying Committee Notes are posted on the Judiciary's Web site at: https://www.uscourts.gov/ rules-policies/proposed-amendments-published-public-comment. As previously announced, the public comment period with respect to the proposed amendments opened on August 15, 2016, and written comments or suggestions must be received no later than February 15, 2017. Written comments must be submitted electronically, following the instructions provided on the Web site. All comments submitted will be available for public inspection.

The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2% in the royalty rates that colleges, universities, and other educational institutions not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the SESAC repertory for the statutory license under the Copyright Act for noncommercial broadcasting.

The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued, from October 25 to November 7, 2016. The last biweekly notice was published on November 8, 2016.

The Export-Import Bank of the United States (``EXIM Bank'') proposes to adopt the Interim Rule (as defined below) set forth in Section 1116 of the Small Business Jobs Act of 2010 (Pub. L. 111-240) (the ``Jobs Act'') as an alternative standard for defining a small business for all of its programs. The Jobs Act mandated that the U.S. Small Business Administration (``SBA'') use maximum tangible net worth and average net income as an alternative to the use of industry based size standards as follows: Not more than $15 million in tangible net worth and $5 million in average net income after Federal income taxes to define a small business concern (``Interim Rule''). The SBA currently uses the Interim Rule for its business loans under Section 7(a) of the Small Business Act (``7(a) Loan Program'') and development company loans under Title V of the Small Business Investment Act of 1958 (``504 Loan Program'', and together with the 7(a) Loan Program, the ``SBA Loan Programs'') to determine size eligibility for an applicant if such applicant does not meet the size standards that it has developed for individual industries as defined under the North American Industry Classification System (``NAICS''). If approved by the SBA's Administrator, EXIM Bank will apply the Interim Rule as an alternative size standard in addition to using size standards established by SBA for individual industries to determine whether or not participants of EXIM programs can be categorized as small business concerns.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of South Carolina (FEMA-4286-DR), dated 10/18/2016. Incident: Hurricane Matthew. Incident Period: 10/04/2016 through 10/30/2016. Effective Date: 11/15/2016. Physical Loan Application Deadline Date: 12/19/2016. Economic Injury (EIDL) Loan Application Deadline Date: 07/18/2017.

This is an amendment of the Presidential declaration of a major disaster for the State of South Carolina (FEMA-4286-DR), dated 10/14/ 2016. Incident: Hurricane Matthew. Incident Period: 10/04/2016 through 10/30/2016. Effective Date: 11/15/2016. Physical Loan Application Deadline Date: 12/13/2016. EIDL Loan Application Deadline Date: 07/12/2017.

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning acquisition of helium.