Federal Policy for the Protection of Human Subjects, 73679-73680 [2015-30122]
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73679
Proposed Rules
Federal Register
Vol. 80, No. 227
Wednesday, November 25, 2015
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF DEFENSE
32 CFR Part 219
DEPARTMENT OF EDUCATION
DEPARTMENT OF HOMELAND
SECURITY
Department of Defense; Department of
Education; Department of Veterans
Affairs; Environmental Protection
Agency; Department of Health and
Human Services; National Science
Foundation; and Department of
Transportation.
ACTION:
34 CFR Part 97
Notice of proposed rulemaking.
The Department of Health and
Human Services and the other Federal
Departments and Agencies listed in this
document are extending the comment
period on the Federal Policy for the
Protection of Human Subjects notice of
proposed rulemaking. The NPRM
requests comment on proposed
revisions to modernize, strengthen, and
make more effective the Federal Policy
for the Protection of Human Subjects
that was promulgated as a Common
Rule in 1991. The NPRM was published
in the Federal Register on September 8,
2015.
SUMMARY:
6 CFR Part 46
DEPARTMENT OF VETERANS
AFFAIRS
DEPARTMENT OF AGRICULTURE
38 CFR Part 16
7 CFR Part 1c
ENVIRONMENTAL PROTECTION
AGENCY
DEPARTMENT OF ENERGY
40 CFR Part 26
10 CFR Part 745
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
45 CFR Part 46
14 CFR Part 1230
RIN 0937–AA02
The comment period for the
NPRM published on September 8, 2015
(80 FR 53933), is extended by 30 days
and thus will end on January 6, 2016.
DATES:
You may submit comments,
identified by docket ID number HHS–
OPHS–2015–0008, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Enter the above
docket ID number in the ‘‘Enter
Keyword or ID’’ field and click on
‘‘Search.’’ On the next Web page, click
on ‘‘Submit a Comment’’ action and
follow the instructions.
• Mail/Hand delivery/Courier [For
paper, disk, or CD–ROM submissions]
to: Jerry Menikoff, M.D., J.D., OHRP,
1101 Wootton Parkway, Suite 200,
Rockville, MD 20852.
Comments received, including any
personal information, will be posted
without change to https://
www.regulations.gov.
ADDRESSES:
DEPARTMENT OF COMMERCE
NATIONAL SCIENCE FOUNDATION
15 CFR Part 27
45 CFR Part 690
SOCIAL SECURITY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION
20 CFR Part 431
49 CFR Part 11
AGENCY FOR INTERNATIONAL
DEVELOPMENT
22 CFR Part 225
DEPARTMENT OF JUSTICE
srobinson on DSK5SPTVN1PROD with PROPOSALS
28 CFR Part 46
Federal Policy for the Protection of
Human Subjects
Department of Homeland
Security; Department of Agriculture;
Department of Energy; National
Aeronautics and Space Administration;
Department of Commerce; Social
Security Administration; Agency for
International Development; Department
of Justice; Department of Labor;
AGENCIES:
Jerry
Menikoff, M.D., J.D., Office for Human
Research Protections (OHRP),
Department of Health and Human
Services, 1101 Wootton Parkway, Suite
200, Rockville, MD 20852; telephone:
240 453–6900 or 1–866–447–4777;
EMAIL: Jerry.Menikoff@hhs.gov.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF LABOR
29 CFR Part 21
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73680
Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules
Since the
NPRM was published on September 8,
2015 (80 FR 53933), participating
departments and agencies have received
requests to extend the comment period
to allow sufficient time for a full review
of the NPRM. The departments and
agencies listed in this document are
committed to affording the public a
meaningful opportunity to comment on
the NPRM and welcome comments.
SUPPLEMENTARY INFORMATION:
Dated: November 20, 2015.
Sylvia Burwell,
Secretary of the Department of Health and
Human Services.
[FR Doc. 2015–30122 Filed 11–24–15; 8:45 am]
BILLING CODE 4150–36–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 360
RIN 3064–AE38
Treatment of Financial Assets
Transferred in Connection With a
Securitization or Participation
Federal Deposit Insurance
Corporation (‘‘FDIC’’).
ACTION: Notice of proposed rulemaking.
AGENCY:
The FDIC is proposing a rule
that would revise a provision of its
Securitization Safe Harbor Rule, which
relates to the treatment of financial
assets transferred in connection with a
securitization or participation, in order
to clarify a requirement as to loss
mitigation by servicers of residential
mortgage loans.
DATES: Comments on the Proposed Rule
must be received by January 25, 2016.
You may submit comments, identified
by RIN number, by any of the following
methods:
• Agency Web site: https://
www.FDIC.gov/regulations/laws/federal.
Follow instructions for submitting
comments on the agency Web site.
• Email: Comments@FDIC.gov.
Include RIN 3064–AE38 in the subject
line of the message.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments, Federal
Deposit Insurance Corporation, 550 17th
Street NW., Washington, DC 20429.
• Hand Delivery/Courier: Guard
station at the rear of the 550 17th Street
Building (located on F Street) on
business days between 7:00 a.m. and
5:00 p.m.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All comments will be
posted without change to https://
srobinson on DSK5SPTVN1PROD with PROPOSALS
SUMMARY:
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17:49 Nov 24, 2015
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www.fdic.gov/regulations/laws/federal/,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
George H. Williamson, Manager,
Division of Resolutions and
Receiverships, (571) 858–8199. Phillip
E. Sloan, Counsel, Legal Division, (703)
562–6137.
SUPPLEMENTARY INFORMATION
I. Background
The Federal Deposit Insurance
Corporation (FDIC), in regulations
codified at 12 CFR 360.6 (the
Securitization Safe Harbor Rule), set
forth criteria under which in its capacity
as receiver or conservator of an insured
depository institution the FDIC will not,
in the exercise of its authority to
repudiate contracts, recover or reclaim
financial assets transferred in
connection with securitization
transactions. Asset transfers that, under
the Securitization Safe Harbor Rule, are
not subject to recovery or reclamation
through the exercise of the FDIC’s
repudiation authority include those that
pertain to certain grandfathered
transactions, such as, for example, asset
transfers made prior to December 31,
2010 that satisfied the conditions
(except for the legal isolation condition
addressed by the Securitization Safe
Harbor Rule) for sale accounting
treatment under generally accepted
accounting principles (GAAP) in effect
for reporting periods prior to November
15, 2009 and that pertain to a
securitization transaction that satisfied
certain other requirements. In addition,
the Securitization Safe Harbor Rule
provides that asset transfers that are not
grandfathered, but that satisfy the
conditions (except for the legal isolation
condition addressed by the
Securitization Safe Harbor Rule) for sale
accounting treatment under GAAP in
effect for reporting periods after
November 15, 2009 and that pertain to
a securitization transaction that satisfies
all other conditions of the Securitization
Safe Harbor Rule (such asset transfers,
together with grandfathered asset
transfers, are referred to collectively as
Safe Harbor Transfers) will not be
subject to FDIC recovery or reclamation
actions through the exercise of the
FDIC’s repudiation authority. For any
securitization transaction in respect of
which transfers of financial assets do
not qualify as Safe Harbor Transfers but
which transaction satisfies all of its
other requirements, the Securitization
Safe Harbor Rule provides that, in the
event the FDIC as receiver or
conservator remains in monetary default
for a specified period under a
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securitization due to its failure to pay or
apply collections or repudiates the
securitization asset transfer agreement
and does not pay damages within a
specified period, certain remedies can
be exercised on an expedited basis.
Paragraph (b)(3)(ii) of the
Securitization Safe Harbor Rule sets
forth conditions relating to the servicing
of residential mortgage loans. This
paragraph includes a condition that the
securitization documents must require
that the servicer commence action to
mitigate losses no later than ninety days
after an asset first becomes delinquent
unless all delinquencies on such asset
have been cured.
In January, 2013, the Consumer
Financial Protection Bureau (CFPB)
adopted mortgage loan servicing
requirements that became effective on
January 10, 2014. One of the
requirements, set forth in Subpart C to
Regulation X, at 12 CFR 1024.41, in
general prohibits a servicer from
commencing a foreclosure unless the
borrower’s mortgage loan obligation is
more than 120 days delinquent. This
section of Regulation X also provides
additional rules that, among other
things, require a lender to further delay
foreclosure if the borrower submits a
loss mitigation application before the
lender has commenced the foreclosure
process and requires a lender to delay
a foreclosure for which it has
commenced the foreclosure process if a
borrower has submitted a complete loss
mitigation application more than 37
days before a foreclosure sale.1
II. Discussion
While the Securitization Safe Harbor
Rule does not define what constitutes
action to mitigate losses, the preamble
to the notice of proposed rulemaking
that preceded issuance of the
Securitization Safe Harbor Rule 2 stated,
‘‘In this connection, it is important to
note that action to mitigate losses may
include contact with the borrower or
other steps designed to return the asset
to regular payments, but does not
require initiation of foreclosure or other
formal enforcement proceedings.’’ 3
Accordingly, it should be unlikely that
the 90-day loss mitigation requirement
of the Securitization Safe Harbor Rule
would conflict with the foreclosure
commencement delays mandated by the
CFPB under Regulation X. However, as
there may be circumstances where
commencement of foreclosure is the
only available and reasonable loss
mitigation action, the FDIC is proposing
1 See
12 CFR 1024.41(f) and (g).
FR 27471 (May 17, 2010).
3 77 FR 27479.
2 77
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[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73679-73680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30122]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 /
Proposed Rules
[[Page 73679]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 46
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 1c
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 745
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1230
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
15 CFR Part 27
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 431
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 225
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 46
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
29 CFR Part 21
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 219
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 97
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 16
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 26
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 46
RIN 0937-AA02
-----------------------------------------------------------------------
NATIONAL SCIENCE FOUNDATION
45 CFR Part 690
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
49 CFR Part 11
Federal Policy for the Protection of Human Subjects
AGENCIES: Department of Homeland Security; Department of Agriculture;
Department of Energy; National Aeronautics and Space Administration;
Department of Commerce; Social Security Administration; Agency for
International Development; Department of Justice; Department of
Labor;Department of Defense; Department of Education; Department of
Veterans Affairs; Environmental Protection Agency; Department of Health
and Human Services; National Science Foundation; and Department of
Transportation.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services and the other
Federal Departments and Agencies listed in this document are extending
the comment period on the Federal Policy for the Protection of Human
Subjects notice of proposed rulemaking. The NPRM requests comment on
proposed revisions to modernize, strengthen, and make more effective
the Federal Policy for the Protection of Human Subjects that was
promulgated as a Common Rule in 1991. The NPRM was published in the
Federal Register on September 8, 2015.
DATES: The comment period for the NPRM published on September 8, 2015
(80 FR 53933), is extended by 30 days and thus will end on January 6,
2016.
ADDRESSES: You may submit comments, identified by docket ID number HHS-
OPHS-2015-0008, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Enter the above docket ID number in the ``Enter Keyword or ID'' field
and click on ``Search.'' On the next Web page, click on ``Submit a
Comment'' action and follow the instructions.
Mail/Hand delivery/Courier [For paper, disk, or CD-ROM
submissions] to: Jerry Menikoff, M.D., J.D., OHRP, 1101 Wootton
Parkway, Suite 200, Rockville, MD 20852.
Comments received, including any personal information, will be
posted without change to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jerry Menikoff, M.D., J.D., Office for
Human Research Protections (OHRP), Department of Health and Human
Services, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852;
telephone: 240 453-6900 or 1-866-447-4777; EMAIL:
Jerry.Menikoff@hhs.gov.
[[Page 73680]]
SUPPLEMENTARY INFORMATION: Since the NPRM was published on September 8,
2015 (80 FR 53933), participating departments and agencies have
received requests to extend the comment period to allow sufficient time
for a full review of the NPRM. The departments and agencies listed in
this document are committed to affording the public a meaningful
opportunity to comment on the NPRM and welcome comments.
Dated: November 20, 2015.
Sylvia Burwell,
Secretary of the Department of Health and Human Services.
[FR Doc. 2015-30122 Filed 11-24-15; 8:45 am]
BILLING CODE 4150-36-P
