81 FR 11099 - Application Process for Designation of Rural Area under Federal Consumer Financial Law; Procedural Rule
BUREAU OF CONSUMER FINANCIAL PROTECTION Federal Register Volume 81, Issue 42 (March 3, 2016)
Federal Register Volume 81, Issue 42 (March 3, 2016)
| Page Range | 11099-11102 | |
| FR Document | 2016-04643 |
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)] [Rules and Regulations] [Pages 11099-11102] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04643] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations [[Page 11099]] BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 RIN 3170-AA58 Application Process for Designation of Rural Area under Federal Consumer Financial Law; Procedural Rule AGENCY: Bureau of Consumer Financial Protection. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is adopting a procedural rule establishing an application process under which a person may identify an area that has not been designated by the Bureau as a rural area for purposes of a Federal consumer financial law and apply for such area to be so designated. Currently the Bureau designates rural areas for purposes of certain Federal consumer financial laws relating to mortgage lending. DATES: This final rule is effective March 3, 2016. The Bureau will begin accepting applications submitted according to the procedure established herein on March 31, 2016. FOR FURTHER INFORMATION CONTACT: Carl Owens, Terry J. Randall, and James Wylie, Counsels, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at 202-435- 7700. SUPPLEMENTARY INFORMATION: I. Background A. Rural Area Designations in Federal Consumer Financial Law Federal consumer financial law provides special provisions and exemptions for certain creditors doing business in rural areas. For example, an exemption from the requirement to establish an escrow account for a higher-priced mortgage loan (escrow exception) partially depends on whether the creditor has extended credit secured by properties in rural areas\1\ and a special provision permits certain small creditors to originate balloon-payment qualified mortgages if the creditor has extended a sufficient amount of credit secured by properties in rural areas.\2\ --------------------------------------------------------------------------- \1\ 12 CFR 1026.35(b), 1026.35(b)(2)(iii)(A), and 1026.35(b)(2)(iv)(A). \2\ 12 CFR 1026.43(f)(1). --------------------------------------------------------------------------- The exemption and special provision listed above were adopted as part of the Bureau's mortgage rules implementing title XIV of the Dodd- Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act),\3\ pursuant to its authority under the Truth in Lending Act (TILA), as amended by the Dodd-Frank Act. The Bureau adopted revisions to these provisions that were published in the Federal Register on October 2, 2015.\4\ These revisions included raising the loan origination limit for determining eligibility for small creditor status, including the assets of a creditor's affiliates that regularly extended covered transactions in the calculation of the asset limit for small-creditor status, expanding the definition of rural and underserved areas by adding census blocks that are not in urban areas as defined by the U.S. Census Bureau to the existing county-based definition, and extending the transition period that allowed certain small creditors to make balloon-payment qualified mortgages regardless of whether they operated predominantly in rural or underserved areas to April 1, 2016. Title LXXXIX of the Fixing America's Surface Transportation Act, entitled the HELP Rural Communities Act,\5\ contained amendments to TILA and new provisions relating to the designation by the Bureau of rural areas under ``a Federal consumer financial law (as defined under section 1002 of the [Dodd-Frank Act]).'' --------------------------------------------------------------------------- \3\ Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010). \4\ Amendments Relating to Small Creditors and Rural or Underserved Areas Under the Truth in Lending Act (Regulation Z), 80 FR 59943, 59944 (Oct. 2, 2015). \5\ HELP Rural Communities Act, Public Law 114-94 (2015). --------------------------------------------------------------------------- B. HELP Rural Communities Act Application Process Section 89002 of the HELP Rural Communities Act requires the Bureau to establish an application process under which a person may apply to have an area designated by the Bureau as a rural area for purposes of a Federal consumer financial law. Section 89002 of the HELP Rural Communities Act also provides details on many of the features of the process, including evaluation criteria for the Bureau's determinations on these applications, a period for public comment on the applications, and a sunset date for the application process of two years after the date of enactment of the HELP Rural Communities Act. The Bureau is issuing this procedural rule to establish the process required by section 89002 of the HELP Rural Communities Act. Section 89003 of the HELP Rural Communities Act separately made amendments to TILA's test with respect to the Bureau's discretionary authority to establish the escrow exemption and a special provision that permits certain small creditors to originate balloon-payment qualified mortgages. This procedural rule relates solely to the application process under section 89002 and not to those amendments. The Bureau understands that the HELP Rural Communities Act amendments to TILA may create some uncertainty for creditors regarding how the Bureau will exercise its newly expanded discretionary authority with respect to the exemption and special provision in question, particularly in light of the April 1, 2016, expiration of the temporary period that allows certain small creditors to originate balloon-payment qualified mortgages and balloon-payment high cost mortgages, regardless of their operations in rural or underserved areas.\6\ The Bureau expects to issue another notice in the Federal Register shortly concerning the amendments under section 89003. The Bureau also anticipates providing an interpretation of the term ``rural area'' in section 89002(a) of the HELP Rural Communities Act in that notice that would define the type of area for which applicants may submit applications pursuant to this rule. The Bureau plans to issue that notice before it begins accepting applications pursuant to this rule on March 31, 2016. --------------------------------------------------------------------------- \6\ Amendments Relating to Small Creditors and Rural or Underserved Areas Under the Truth in Lending Act (Regulation Z), 80 FR 59943, 59968 (amending 12 CFR 1026.43(e)(i)(B)(ii)) (Oct. 2, 2015). --------------------------------------------------------------------------- [[Page 11100]] II. Procedural Requirements A. Administrative Procedure Act No notice of proposed rulemaking is required under the Administrative Procedure Act (APA) because this rule relates solely to agency procedure and practice.\7\ Because the rule relates solely to agency procedure and practice, it is not substantive, and therefore is not subject to the 30-day delayed effective date for substantive rules under section 553(d) of the APA.\8\ The Bureau also believes that this final rule meets the requirements for the section 553(d)(3) exception for good cause. Congress, in section 89002(a) of the HELP Rural Communities Act, required the Bureau to establish an application process not later than 90 days after the enactment of the HELP Rural Communities Act. Because the application process has a required sunset period of two years from the enactment of the HELP Rural Communities Act under section 89002(g), there is good cause to establish the procedure immediately to provide the most time possible for applicants to use the application process. Therefore, the Bureau finds that there is good cause to make the final rule effective on March 3, 2016. Though this final rule establishes the application process immediately, the Bureau will not begin accepting applications until March 31, 2016. In addition the Bureau currently expects to issue a notice concerning the amendments under section 89003 of the HELP Rural Communities Act before March 31, 2016, in light of the April 1, 2016, expiration of the temporary provisions referenced in part I above, and the Bureau expects that some potential applicants may wish to consider the content of that notice in determining whether to apply. The delay also will afford some time for the Bureau to prepare internal procedures to receive applications. --------------------------------------------------------------------------- \7\ 5 U.S.C. 553(b). \8\ 5 U.S.C. 553(d). --------------------------------------------------------------------------- B. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.\9\ --------------------------------------------------------------------------- \9\ 5 U.S.C. 603-604. --------------------------------------------------------------------------- III. Legal Authority The Bureau is issuing this rule pursuant to its authority under section 1022(b)(1) of the Dodd-Frank Act, which authorizes the Bureau to prescribe rules as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of Federal consumer financial law.\10\ The Bureau is also issuing this rule pursuant to the requirements of section 89002(a) of the HELP Rural Communities Act.\11\ --------------------------------------------------------------------------- \10\ 12 U.S.C. 5512(b)(1). \11\ Public Law 114-94, Title LXXXIX (2015). --------------------------------------------------------------------------- IV. Effective Date The final rule is effective March 3, 2016. The Bureau will begin accepting applications submitted according to the procedure established herein on March 31, 2016. The HELP Rural Communities Act provides that section 89002, which requires the Bureau to establish this process, shall cease to have any force or effect on December 4, 2017. V. Paperwork Reduction Act According to the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) the Bureau may not conduct or sponsor a collection of information as defined by the PRA and, notwithstanding any other provisions of law, persons are not required to respond to a collection of information unless it displays a current valid Office of Management and Budget (OMB) control number. The collections of information contained in this procedural rule, and identified as such, have been approved by OMB and assigned the control number 3170-0061. The information collection contained in this procedural rule is required to obtain a benefit. The information collection under this procedural rule is an application to request that the Bureau apply a rural designation to a specific geographic area. VI. Application Process and Instructions A. Submission The application shall be addressed to the CFPB Rural Application Coordinator, Bureau of Consumer Financial Protection. It may be submitted using one of the following methods:Email: [email protected]. Mail: ATTN: CFPB Rural Application Coordinator, Research, Markets, and Regulations Division, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. Hand Delivery/Courier: ATTN: CFPB Rural Application Coordinator, Research, Markets, and Regulations Division, Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002. If the application is submitted by email, it and all attachments described below in part VI.C shall be compiled into a single portable document format (PDF) file. If the application is submitted by mail, hand delivery, or courier, the applicant shall provide three copies of the complete application. The application shall not exceed 10 pages. B. Content The application shall contain the following sections: 1. Area Identified The application shall specifically identify the area requested to be designated as a rural area and the State in which the area is located. An application may identify more than one area if the areas are contiguous (e.g., counties that share a border). Additional areas that are not contiguous (e.g., counties that do not share a border) must be identified in separate applications. The application shall provide information describing the area identified, for example: a. The county that comprises the area or in which the area is located; or b. The Census block that comprises the area, unless the area is comprised entirely of whole counties. 2. Justification for Designation as Rural Area The applicant shall provide the following information about the evaluation criteria in section 89002(b) of the HELP Rural Communities Act: a. Census Bureau The application shall state whether the area identified is classified as rural or urban by the Director of the Bureau of the Census and, if rural, explain the basis for concluding that the area identified was so classified, including by attaching any supporting documentation as described below in part VI.C. b. Office of Management and Budget The application shall state whether the area identified is classified as either a metropolitan area, a micropolitan area, or neither by the Director of the Office of Management and Budget and, if neither, explain the basis for concluding that the area identified was so classified, including by attaching any supporting documentation as described below in part VI.C. c. Department of Agriculture--Rural Development The application shall state whether the Secretary of Agriculture has determined that properties in the area [[Page 11101]] identified are eligible for programs of the United States Department of Agriculture Office of Rural Development and, if so, explain the basis for concluding that the Secretary has determined as such, including by attaching any supporting documentation as described below in part VI.C. d. Department of Agriculture--Rural-Urban Commuting Codes The application shall state the most recent primary and secondary rural-urban commuting codes from the Department of Agriculture for the area identified or of which the area identified is a part, including by attaching any supporting documentation as described below in part VI.C. e. State Bank Supervisor The application shall state whether the State bank supervisor, as defined by 12 U.S.C. 1813(r), of the State where the area identified is located has issued a written opinion concerning whether the area identified should be designated as a rural area. Any such written opinion shall be attached as described below in part VI.C. f. Population Density The application shall provide the population density of the area identified expressed as the number of persons per square mile using data from the Bureau of the Census and explain the data relied on, including by attaching supporting documentation as described below in part VI.C. The application shall also provide the population density of any nearby area with a greater population density that has been designated by the Bureau as a rural area. 3. Applicant Information The application shall include the following information about the applicant: a. Name The application shall include the name of the applicant. b. Contact Information The application shall include information about how to contact the applicant if the Bureau needs additional information about the request. c. Living or Doing Business in the State If the applicant is a natural person, the application shall include only a statement affirming that the applicant lives or does business in the State in which the area identified is located. If the applicant is not a natural person, the application shall include a statement affirming that the applicant does business in the State in which the area identified is located and evidence supporting the statement as an attachment as described in part VI.C. Such evidence could include, for example, evidence of incorporation in the State, evidence of licensure to do business in the State, evidence of licensure to conduct a specific type of business in the State, or evidence of an office in the State. The applicant may redact such evidence to withhold sensitive personal information that is not relevant to establishing that the applicant does business in the State where the area identified is located. The applicant may also state on a cover page to the attachment that it wishes the entire attachment to be withheld from the Federal Register publication of the attachment. C. Attachments The application shall include any other documents necessary to provide the required information above as attachments. D. Further Instructions Applicants should not include personal information other than information identified above in part VI.B.3. The Bureau is required by the HELP Rural Communities Act to publish the application in the Federal Register. The Bureau may redact the application prior to publication in the Federal Register to withhold any unnecessary personal information included in the application. VII. Process for Considering Applications A. Receipt of Application and Initial Review Upon receipt of a request pursuant to this process, the Bureau shall review the request for preliminary matters, including: 1. Completeness of the information set forth above in part VI; 2. Ensuring that the area identified is not already designated as a rural area under the Federal consumer financial laws; 3. Determining if there is an application already pending for the same area identified as described in section 89002(d)(2) of the HELP Rural Communities Act; and 4. Determining if an application for the area identified has been denied less than 90 days before the receipt of the application as described in section 89002(f) of the HELP Rural Communities Act. If the Bureau determines that the applicant has not submitted a complete application (e.g., because the Bureau cannot ascertain the relevant area from the application), it shall contact the applicant and specify the additional information that is needed to complete an application. If the Bureau determines that the applicant seeks the designation of a rural area for an area that is already designated as a rural area under the Federal consumer financial laws, for an area for which an application is already pending, for an area for which an application has been denied less than 90 days before the receipt of the application, or if the Bureau determines that the applicant neither lives nor does business in the State in which the area is located, the Bureau shall notify the applicant that the Bureau will not consider whether to designate the area as rural and the reason for not considering the application. B. Publication of Application in the Federal Register Not later than 60 days after receipt of a complete application, the Bureau shall publish the application in the Federal Register. The Bureau may redact the application prior to publication in the Federal Register to withhold any unnecessary personal information included in the application, as discussed above in part VI.D. C. Public Comment on Application The Bureau shall accept public comments on the application for not fewer than 90 days after publication in the Federal Register. D. Decision on Designation The Bureau shall review the information contained in the application and the public comments and, not later than 90 days after the end of the public comment period described above in part VII.C, the Bureau shall grant or deny the application in whole or in part and shall publish such grant or denial in the Federal Register along with an explanation of what factors the Bureau relied on in making such determination. The Bureau shall base its decision on the criteria set forth in section 89002(b) of the HELP Rural Communities Act and the rule of construction in section 89002(c) of the HELP Rural Communities Act. A decision to grant an application in whole or in part shall specify the area designated as a rural area, and the time period during which the designation is effective by reference to the duration of the designations of rural areas under the Federal consumer financial laws. [[Page 11102]] E. Sunset Date The HELP Rural Communities Act contemplates a process of up to 240 days for each application, including a minimum of 90 days for public comments. The Bureau will consider any application received before April 8, 2017. The Bureau may, in its discretion, consider an application received on or after April 8, 2017, if it determines that it is possible to complete the designation decision process for that application by the sunset date, based on the time remaining, the complexity of the application, and any other relevant factors. The Bureau will notify the applicant if it determines that it cannot complete the application process, in which case the Bureau shall not consider the application nor publish the application in the Federal Register as described above in part VII.B. Dated: February 26, 2016. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2016-04643 Filed 3-2-16; 8:45 am] BILLING CODE 4810-AM-P
![11099
Rules and Regulations Federal Register
Vol. 81, No. 42
Thursday, March 3, 2016
This section of the FEDERAL REGISTER the creditor has extended credit secured which a person may apply to have an
contains regulatory documents having general by properties in rural areas1 and a area designated by the Bureau as a rural
applicability and legal effect, most of which special provision permits certain small area for purposes of a Federal consumer
are keyed to and codified in the Code of creditors to originate balloon-payment financial law. Section 89002 of the
Federal Regulations, which is published under qualified mortgages if the creditor has HELP Rural Communities Act also
50 titles pursuant to 44 U.S.C. 1510.
extended a sufficient amount of credit provides details on many of the features
The Code of Federal Regulations is sold by secured by properties in rural areas.2 of the process, including evaluation
the Superintendent of Documents. Prices of The exemption and special provision criteria for the Bureau’s determinations
new books are listed in the first FEDERAL listed above were adopted as part of the on these applications, a period for
REGISTER issue of each week. Bureau’s mortgage rules implementing public comment on the applications,
title XIV of the Dodd-Frank Wall Street and a sunset date for the application
Reform and Consumer Protection Act process of two years after the date of
BUREAU OF CONSUMER FINANCIAL (Dodd-Frank Act),3 pursuant to its enactment of the HELP Rural
PROTECTION authority under the Truth in Lending Communities Act. The Bureau is issuing
Act (TILA), as amended by the Dodd- this procedural rule to establish the
12 CFR Part 1026 Frank Act. The Bureau adopted process required by section 89002 of the
RIN 3170–AA58 revisions to these provisions that were HELP Rural Communities Act.
published in the Federal Register on
Application Process for Designation of Section 89003 of the HELP Rural
October 2, 2015.4 These revisions
Rural Area under Federal Consumer Communities Act separately made
included raising the loan origination
Financial Law; Procedural Rule amendments to TILA’s test with respect
limit for determining eligibility for
to the Bureau’s discretionary authority
AGENCY: Bureau of Consumer Financial small creditor status, including the
to establish the escrow exemption and
Protection. assets of a creditor’s affiliates that
a special provision that permits certain
regularly extended covered transactions
ACTION: Final rule. small creditors to originate balloon-
in the calculation of the asset limit for
payment qualified mortgages. This
SUMMARY: The Bureau of Consumer small-creditor status, expanding the
definition of rural and underserved procedural rule relates solely to the
Financial Protection (Bureau) is application process under section 89002
adopting a procedural rule establishing areas by adding census blocks that are
not in urban areas as defined by the U.S. and not to those amendments. The
an application process under which a Bureau understands that the HELP Rural
person may identify an area that has not Census Bureau to the existing county-
based definition, and extending the Communities Act amendments to TILA
been designated by the Bureau as a rural may create some uncertainty for
area for purposes of a Federal consumer transition period that allowed certain
small creditors to make balloon- creditors regarding how the Bureau will
financial law and apply for such area to exercise its newly expanded
be so designated. Currently the Bureau payment qualified mortgages regardless
of whether they operated predominantly discretionary authority with respect to
designates rural areas for purposes of the exemption and special provision in
certain Federal consumer financial laws in rural or underserved areas to April 1,
2016. Title LXXXIX of the Fixing question, particularly in light of the
relating to mortgage lending.
America’s Surface Transportation Act, April 1, 2016, expiration of the
DATES: This final rule is effective March temporary period that allows certain
3, 2016. The Bureau will begin entitled the HELP Rural Communities
Act,5 contained amendments to TILA small creditors to originate balloon-
accepting applications submitted payment qualified mortgages and
according to the procedure established and new provisions relating to the
designation by the Bureau of rural areas balloon-payment high cost mortgages,
herein on March 31, 2016. regardless of their operations in rural or
under ‘‘a Federal consumer financial
FOR FURTHER INFORMATION CONTACT: Carl underserved areas.6 The Bureau expects
law (as defined under section 1002 of
Owens, Terry J. Randall, and James to issue another notice in the Federal
the [Dodd-Frank Act]).’’
Wylie, Counsels, Office of Regulations, Register shortly concerning the
Consumer Financial Protection Bureau, B. HELP Rural Communities Act amendments under section 89003. The
1700 G Street NW., Washington, DC Application Process Bureau also anticipates providing an
20552, at 202–435–7700. Section 89002 of the HELP Rural interpretation of the term ‘‘rural area’’ in
SUPPLEMENTARY INFORMATION: Communities Act requires the Bureau to section 89002(a) of the HELP Rural
establish an application process under Communities Act in that notice that
I. Background
would define the type of area for which
A. Rural Area Designations in Federal 1 12 CFR 1026.35(b), 1026.35(b)(2)(iii)(A), and applicants may submit applications
Consumer Financial Law 1026.35(b)(2)(iv)(A). pursuant to this rule. The Bureau plans
2 12 CFR 1026.43(f)(1).
Federal consumer financial law to issue that notice before it begins
mstockstill on DSK4VPTVN1PROD with RULES
3 Dodd-Frank Wall Street Reform and Consumer
provides special provisions and accepting applications pursuant to this
Protection Act, Public Law 111–203, 124 Stat. 1376
exemptions for certain creditors doing (2010). rule on March 31, 2016.
business in rural areas. For example, an 4 Amendments Relating to Small Creditors and
exemption from the requirement to Rural or Underserved Areas Under the Truth in 6 Amendments Relating to Small Creditors and
Lending Act (Regulation Z), 80 FR 59943, 59944 Rural or Underserved Areas Under the Truth in
establish an escrow account for a (Oct. 2, 2015). Lending Act (Regulation Z), 80 FR 59943, 59968
higher-priced mortgage loan (escrow 5 HELP Rural Communities Act, Public Law 114– (amending 12 CFR 1026.43(e)(i)(B)(ii)) (Oct. 2,
exception) partially depends on whether 94 (2015). 2015).
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![11102 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations
E. Sunset Date Airspace Policy Group, Federal Aviation Availability and Summary of
The HELP Rural Communities Act Administration, 800 Independence Documents for Incorporation by
contemplates a process of up to 240 Avenue SW., Washington, DC 29591; Reference
days for each application, including a telephone: 202–267–8783. The Order is This document amends FAA Order
minimum of 90 days for public also available for inspection at the 7400.9Z, Airspace Designations and
comments. The Bureau will consider National Archives and Records Reporting Points, dated August 6, 2015,
any application received before April 8, Administration (NARA). For and effective September 15, 2015. FAA
2017. The Bureau may, in its discretion, information on the availability of FAA Order 7400.9Z is publicly available as
consider an application received on or Order 7400.9Z at NARA, call 202–741– listed in the ADDRESSES section of this
after April 8, 2017, if it determines that 6030, or go to http://www.archives.gov/ document. FAA Order 7400.9Z lists
it is possible to complete the federal_register/code_of_federal- Class A, B, C, D, and E airspace areas,
designation decision process for that regulations/ibr_locations.html. air traffic service routes, and reporting
application by the sunset date, based on FAA Order 7400.9, Airspace points.
the time remaining, the complexity of Designations and Reporting Points, is The Rule
the application, and any other relevant published yearly and effective on
factors. The Bureau will notify the September 15. This amendment to Title 14, Code of
applicant if it determines that it cannot Federal Regulations (14 CFR) part 71
FOR FURTHER INFORMATION CONTACT: establishes Class E airspace extending
complete the application process, in Richard Roberts, Federal Aviation
which case the Bureau shall not upward from 700 feet above the surface
Administration, Operations Support within a 6.5-mile radius of the South
consider the application nor publish the Group, Western Service Center, 1601
application in the Federal Register as Naknek NR 2 Airport, South Naknek,
Lind Avenue SW., Renton, WA 98057; AK. This airspace is established to
described above in part VII.B. telephone (425) 203–4517. accommodate new Area Navigation
Dated: February 26, 2016. (RNAV) Global Positioning System
SUPPLEMENTARY INFORMATION:
Richard Cordray, (GPS) standard instrument approach
Director, Bureau of Consumer Financial Authority for This Rulemaking procedures developed for the airport.
Protection.
The FAA’s authority to issue rules Regulatory Notices and Analyses
[FR Doc. 2016–04643 Filed 3–2–16; 8:45 am]
BILLING CODE 4810–AM–P
regarding aviation safety is found in The FAA has determined that this
Title 49 of the United States Code. regulation only involves an established
Subtitle I, Section 106 describes the body of technical regulations for which
authority of the FAA Administrator. frequent and routine amendments are
DEPARTMENT OF TRANSPORTATION
Subtitle VII, Aviation Programs, necessary to keep them operationally
Federal Aviation Administration describes in more detail the scope of the current, is non-controversial and
agency’s authority. This rulemaking is unlikely to result in adverse or negative
14 CFR Part 71 promulgated under the authority comments. It, therefore: (1) Is not a
described in Subtitle VII, Part A, ‘‘significant regulatory action’’ under
[Docket No. FAA–2015–3108; Airspace Subpart I, Section 40103. Under that Executive Order 12866; (2) is not a
Docket No. 12–AAL–15] section, the FAA is charged with ‘‘significant rule’’ under DOT
prescribing regulations to assign the use Regulatory Policies and Procedures (44
Establishment of Class E Airspace,
of airspace necessary to ensure the FR 11034; February 26, 1979); and (3)
South Naknek, AK
safety of aircraft and the efficient use of does not warrant preparation of a
AGENCY: Federal Aviation airspace. This regulation is within the Regulatory Evaluation as the anticipated
Administration (FAA), DOT. scope of that authority as it establishes impact is so minimal. Since this is a
ACTION: Final rule. controlled airspace at South Naknek NR routine matter that only affects air traffic
2 Airport, South Naknek, AK. procedures and air navigation, it is
SUMMARY: This action establishes Class certified that this rule, when
E airspace extending upward from 700 History promulgated, does not have a significant
feet above the surface at South Naknek On November 24, 2015, the FAA economic impact on a substantial
NR 2 Airport, South Naknek, AK, to published in the Federal Register a number of small entities under the
accommodate new Area Navigation notice of proposed rulemaking (NPRM) criteria of the Regulatory Flexibility Act.
(RNAV) Global Positioning System to establish Class E airspace extending Environmental Review
(GPS) standard instrument approach upward from 700 feet above the surface
procedures developed for the airport. The FAA has determined that this
at South Naknek NR 2 Airport, South
DATES: Effective 0901 UTC, May 26,
action qualifies for categorical exclusion
Naknek, AK. (80 FR 73150) FAA–2015–
2016. The Director of the Federal under the National Environmental
3108. Interested parties were invited to
Register approves this incorporation by Policy Act in accordance with FAA
participate in this rulemaking effort by
reference action under Title 1, Code of Order 1050.1F, ‘‘Environmental
submitting written comments on the
Federal Regulations, part 51, subject to Impacts: Policies and Procedures,’’
proposal to the FAA. No comments
the annual revision of FAA Order paragraph 5–6.5a. This airspace action
were received.
7400.9 and publication of conforming is not expected to cause any potentially
Class E airspace designations are significant environmental impacts, and
mstockstill on DSK4VPTVN1PROD with RULES
amendments. published in paragraph 6005 of FAA no extraordinary circumstances exist
ADDRESSES: FAA Order 7400.9Z, Order 7400.9Z, dated August 6, 2015, that warrant preparation of an
Airspace Designations and Reporting and effective September 15, 2015, which environmental assessment.
Points, and subsequent amendments can is incorporated by reference in 14 CFR
be viewed online at http://www.faa.gov/ part 71.1. The Class E airspace Lists of Subjects in 14 CFR Part 71
air_traffic/publications/. For further designation listed in this document will Airspace, Incorporation by reference,
information, you can contact the be published subsequently in the Order. Navigation (air).
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Document Created: 2016-03-03 03:51:23
Document Modified: 2016-03-03 03:51:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective March 3, 2016. The Bureau will begin accepting applications submitted according to the procedure established herein on March 31, 2016. | |
| Contact | Carl Owens, Terry J. Randall, and James Wylie, Counsels, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at 202-435- 7700. | |
| FR Citation | 81 FR 11099 | |
| RIN Number | 3170-AA58 |
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