82_FR_49293 82 FR 49089 - Temporary Exceptions to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) Appraisal Requirements in Areas Affected by Severe Storms and Flooding Related to Hurricanes Harvey, Irma, and Maria

82 FR 49089 - Temporary Exceptions to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) Appraisal Requirements in Areas Affected by Severe Storms and Flooding Related to Hurricanes Harvey, Irma, and Maria

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
NATIONAL CREDIT UNION ADMINISTRATION

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range49089-49091
FR Document2017-22957

Section 2 of the Depository Institutions Disaster Relief Act of 1992 (DIDRA) authorizes the agencies to make exceptions to statutory and regulatory appraisal requirements under Title XI of FIRREA. The exceptions are available for transactions involving real property located within an area in a state or territory declared to be a major disaster by the President if the agencies determine, and describe by publication of a regulation or order, that the exceptions would facilitate recovery from the disaster and would be consistent with safety and soundness. In this statement and order, the agencies exercise their authority to grant temporary exceptions to the FIRREA appraisal requirements for real estate-related financial transactions, provided certain criteria are met, in areas of Florida, Georgia, Puerto Rico, Texas, and the U.S. Virgin Islands that have been declared major disasters by President Trump as a result of the severe storms and flooding caused by Hurricanes Harvey, Irma, and Maria. The expiration date for the exceptions in each area is three years after the date the President declared the state or territory a major disaster.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49089-49091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22957]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Part 34

[Docket No. OCC-2017-0024]

FEDERAL RESERVE SYSTEM

12 CFR Part 225

[Docket No. OP-1577]

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 323

NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 722


Temporary Exceptions to the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (FIRREA) Appraisal Requirements 
in Areas Affected by Severe Storms and Flooding Related to Hurricanes 
Harvey, Irma, and Maria

AGENCY: Office of the Comptroller of the Currency, Treasury (OCC); 
Board of

[[Page 49090]]

Governors of the Federal Reserve System (Board); Federal Deposit 
Insurance Corporation (FDIC); and National Credit Union Administration 
(NCUA), collectively referred to as the agencies.

ACTION: Statement and order; temporary exceptions.

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SUMMARY: Section 2 of the Depository Institutions Disaster Relief Act 
of 1992 (DIDRA) authorizes the agencies to make exceptions to statutory 
and regulatory appraisal requirements under Title XI of FIRREA. The 
exceptions are available for transactions involving real property 
located within an area in a state or territory declared to be a major 
disaster by the President if the agencies determine, and describe by 
publication of a regulation or order, that the exceptions would 
facilitate recovery from the disaster and would be consistent with 
safety and soundness.
    In this statement and order, the agencies exercise their authority 
to grant temporary exceptions to the FIRREA appraisal requirements for 
real estate-related financial transactions, provided certain criteria 
are met, in areas of Florida, Georgia, Puerto Rico, Texas, and the U.S. 
Virgin Islands that have been declared major disasters by President 
Trump as a result of the severe storms and flooding caused by 
Hurricanes Harvey, Irma, and Maria. The expiration date for the 
exceptions in each area is three years after the date the President 
declared the state or territory a major disaster.

DATES: This order is applicable on October 24, 2017 and expires three 
years after the date the President declared the relevant state or 
territory a major disaster, as follows.
    Hurricane Harvey: The expiration date for the exceptions for areas 
declared a major disaster is August 24, 2020, for Texas.
    Hurricane Irma: The expiration dates for the exceptions for areas 
declared a major disaster are September 6, 2020, for the U.S. Virgin 
Islands, September 9, 2020, for Florida and Puerto Rico, and September 
14, 2020, for Georgia.
    Hurricane Maria: The expiration dates for the exceptions for areas 
declared a major disaster are September 19, 2020, for Puerto Rico and 
September 20, 2020, for the U.S. Virgin Islands.

FOR FURTHER INFORMATION CONTACT: 
    OCC: Kevin Lawton, Appraisal Specialist, Chief National Bank 
Examiner's Office, at (202) 649-7152; Christopher Manthey, Special 
Counsel, Chief Counsel's Office, at (202) 649-6203; or Mitchell Plave, 
Special Counsel, Chief Counsel's Office, at (202) 649-6285 or, for 
persons who are deaf or hearing impaired, TTY (202) 649-5597.
    Board: Carmen D. Holly, Senior Supervisory Financial Analyst, 
Division of Supervision and Regulation at (202) 973-6122; Gillian 
Burgess, Counsel, Legal Division, at (202) 736-5564; or Kirin Walsh, 
Attorney, Legal Division, at (202) 452-3058.
    FDIC: Beverlea S. Gardner, Senior Examination Specialist, Division 
of Risk Management and Supervision, at (202) 898-3640; Mark Mellon, 
Counsel, Legal Division, at (202) 898-3884; Federal Deposit Insurance 
Corporation, 550 17th Street NW., Washington, DC 20429.
    NCUA: D. Scott Neat, Director of Supervision, Office of Examination 
and Insurance, at (703) 518-6363; John Brolin, Staff Attorney, Office 
of General Counsel, at (703) 518-6438; National Credit Union 
Administration, 1775 Duke Street, Alexandria, VA 22314.

SUPPLEMENTARY INFORMATION:

Statement

    Section 2 of DIDRA, which added section 1123 to Title XI of 
FIRREA,\1\ authorizes the agencies to make exceptions to statutory and 
regulatory appraisal requirements for certain transactions. These 
exceptions are available for transactions involving real property 
located in an area in which the President has determined a major 
disaster exists, pursuant to section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act,\2\ provided that the 
exception would facilitate recovery from the major disaster and is 
consistent with safety and soundness.
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    \1\ 12 U.S.C. 3352.
    \2\ 42 U.S.C. 5170.
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    On August 25, 2017, the President declared a major disaster existed 
in areas in the state of Texas \3\ due to extensive damage that 
occurred as a result of severe storms and subsequent flooding in 
connection with Hurricane Harvey. On September 7, 2017, the President 
declared a major disaster existed in areas in the U.S. Virgin Islands 
\4\ as a result of the severe storms and subsequent flooding from 
Hurricane Irma. On September 10, 2017, the President declared a major 
disaster existed in areas in the state of Florida \5\ and the 
Commonwealth of Puerto Rico \6\ as a result of the severe storms and 
subsequent flooding from Hurricane Irma. Further, on September 15, 
2017, the President declared a major disaster existed in areas in the 
state of Georgia as a result of the severe storms and subsequent 
flooding related to Hurricane Irma.\7\
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    \3\ Press Release, The White House (August 25, 2017), available 
at https://www.whitehouse.gov/the-press-office/2017/08/25/president-donald-j-trump-approves-texas-disaster-declaration.
    \4\ Press Release, The White House (September 7, 2017), 
available at https://www.whitehouse.gov/the-press-office/2017/09/07/president-donald-j-trump-approves-us-virgin-islands-disaster-declaration.
    \5\ Press Release, The White House (September 10, 2017), 
available at https://www.whitehouse.gov/the-press-office/2017/09/10/president-donald-j-trump-approves-florida-disaster-declaration.
    \6\ Press Release, The White House (September 10, 2017), 
available at https://www.whitehouse.gov/the-press-office/2017/09/10/president-donald-j-trump-approves-puerto-rico-disaster-declaration.
    \7\ Press Release, The White House (September 15, 2017), 
available at https://www.whitehouse.gov/the-press-office/2017/09/15/president-donald-j-trump-approves-georgia-disaster-declaration.
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    In addition, on September 20, 2017, and September 21, 2017, the 
President declared a major disaster existed in areas in Puerto Rico \8\ 
and the U.S. Virgin Islands,\9\ respectively, as a result of the severe 
storms and subsequent flooding from Hurricane Maria. The agencies 
believe that granting relief from the appraisal requirements set forth 
in Title XI of FIRREA, and in the agencies' appraisal regulations, for 
real estate-related financial transactions in areas declared a major 
disaster is consistent with the provisions of DIDRA.
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    \8\ Press Release, The White House (September 21, 2017), 
available at https://www.whitehouse.gov/the-press-office/2017/09/21/president-donald-j-trump-approves-puerto-rico-disaster-declaration.
    \9\ Press Release, The White House (September 21, 2017), 
available at https://www.whitehouse.gov/the-press-office/2017/09/21/president-donald-j-trump-approves-us-virgin-islands-disaster-declaration.
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Facilitation of Recovery From the Major Disasters

    The agencies have determined that the disruption of real estate 
markets in each of the areas declared a major disaster interferes with 
the ability of depository institutions to obtain appraisals that comply 
with Title XI statutory and regulatory requirements. Further, the 
agencies have determined that the disruption may impede institutions in 
making loans and engaging in other transactions that would aid in the 
reconstruction and rehabilitation of the affected areas. Accordingly, 
the agencies have determined that recovery from these major disasters 
would be facilitated by exempting transactions involving real estate 
and requiring the services of an appraiser located in the area directly 
affected by the severe storms and flooding from the real estate 
appraisal requirements of Title XI of FIRREA and its implementing 
regulations.\10\
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    \10\ 12 U.S.C. 3331-3355; 12 CFR 34.41-34.47 (OCC); 12 CFR part 
225, subpart G (Board); 12 CFR part 323, subpart A (FDIC); 12 CFR 
part 722 (NCUA).

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[[Page 49091]]

Consistency With Safety and Soundness

    The agencies also have determined that the exceptions are 
consistent with safety and soundness, provided that the depository 
institution determines and maintains appropriate documentation of the 
following: (1) The property involved was located in the major disaster 
area; (2) there is a binding commitment to fund the transaction that 
was entered into on or within 36 months of the date that the area was 
declared a major disaster; and (3) the value of the real property 
supports the institution's decision to enter into the transaction. In 
addition, the transaction must continue to be subject to review by 
management and by the agencies in the course of examinations of the 
institution.

Expiration Date

    Exceptions made under section 1123 of FIRREA may be provided for no 
more than three years after the President determines a major disaster 
exists in an area.\11\ The agencies have determined that the exceptions 
provided for by this order shall expire three years after the date the 
President declared a major disaster in each state or territory.
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    \11\ 12 U.S.C. 3352(b).
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Order

    In accordance with section 2 of DIDRA, relief is hereby granted 
from the provisions of Title XI of FIRREA and the agencies' appraisal 
regulations for any real estate-related financial transaction that 
requires the services of an appraiser under those provisions, provided 
that the institution determines each of the following and maintains 
supporting documentation made available to the agencies upon request:
    (1) The transaction involves real property located in an area of a 
state or territory that has been declared a major disaster by the 
President as a result of severe storms and flooding related to 
Hurricanes Harvey, Irma, or Maria. The specific areas covered are 
identified in the Appendix and include:
    a. The 39 counties in Texas under the declaration of August 25, 
2017 (as amended); \12\
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    \12\ See https://www.fema.gov/disaster/4332.
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    b. The two islands in the U.S. Virgin Islands under the declaration 
of September 7, 2017; \13\
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    \13\ See https://www.fema.gov/disaster/4335.
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    c. The 48 counties in Florida under the declaration of September 
10, 2017 (as amended); \14\
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    \14\ See https://www.fema.gov/disaster/4337.
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    d. The four municipalities in Puerto Rico under the declaration of 
September 10, 2017; \15\
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    \15\ See https://www.fema.gov/disaster/4336.
---------------------------------------------------------------------------

    e. The three counties in Georgia under the declaration of September 
15, 2017; \16\
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    \16\ See https://www.fema.gov/disaster/4338.
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    f. The 54 municipalities in Puerto Rico under the declaration of 
September 20, 2017; \17\ and
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    \17\ See https://www.fema.gov/disaster/4339.
---------------------------------------------------------------------------

    g. The island in the U.S. Virgin Islands under the declaration of 
September 21, 2017.\18\
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    \18\ See https://www.fema.gov/disaster/4340.
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    (2) There is a binding commitment to fund a transaction that was 
entered into on or after:
    (a) August 25, 2017, but no later than August 24, 2020, for areas 
declared a major disaster in Texas as a result of Hurricane Harvey;
    (b) September 7, 2017, but no later than September 6, 2020, for 
areas declared a major disaster in the U.S. Virgin Islands as a result 
of Hurricane Irma;
    (c) September 10, 2017, but no later than September 9, 2020, for 
areas declared a major disaster in Florida and Puerto Rico as a result 
of Hurricane Irma;
    (d) September 15, 2017, but no later than September 14, 2020, for 
areas declared a major disaster in Georgia as a result of Hurricane 
Irma;
    (e) September 20, 2017, but no later than September 19, 2020, for 
areas declared a major disaster in Puerto Rico as a result of Hurricane 
Maria; or
    (f) September 21, 2017, but no later than September 20, 2020, for 
areas declared a major disaster in the U.S. Virgin Islands as a result 
of Hurricane Maria.
    (3) The value of the real property supports the institution's 
decision to enter into the transaction.

Appendix: Areas Declared a Major Disaster

Hurricane Harvey

    Texas: Aransas, Austin, Bastrop, Bee, Brazoria, Calhoun, 
Chambers, Colorado, DeWitt, Fayette, Fort Bend, Galveston, Goliad, 
Gonzales, Hardin, Harris, Jackson, Jasper, Jefferson, Karnes, 
Kleberg, Lavaca, Lee, Liberty, Matagorda, Montgomery, Newton, 
Nueces, Orange, Polk, Refugio, Sabine, San Jacinto, San Patricio, 
Tyler, Victoria, Walker, Waller, and Wharton counties.

Hurricane Irma

    Florida: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, 
Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, 
Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, 
Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Manatee, 
Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, 
Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, 
Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Union, and Volusia 
counties.
    Georgia: Camden, Chatham, and Glynn counties.
    Puerto Rico: Canovanas, Culebra, Loiza, and Vieques 
Municipalities.
    U.S. Virgin Islands: St. John (Island), St. Thomas (Island).

Hurricane Maria

    U.S. Virgin Islands: St. Croix (Island).
    Puerto Rico: Aguas Buenas, Aibonito, Arecibo, Arroyo, 
Barceloneta, Barranquitas, Bayam[oacute]n, Caguas, Can[oacute]vanas, 
Carolina, Cata[ntilde]o, Cayey, Ceiba, Ciales, Cidra, Coamo, 
Comerio, Corozal, Culebra, Dorado, Fajardo, Florida, Guayama, 
Guaynabo, Gurabo, Humacao, Jayuya, Juana D[iacute]az, Juncos, Las 
Piedras, Lo[iacute]za, Luquillo, Manati, Maunabo, Morovis, Naguabo, 
Naranjito, Orocovis, Patillas, Ponce, Rio Grande, Salinas, San Juan, 
San Lorenzo, Santa Isabel, Toa Alta, Toa Baja, Trujillo Alto, 
Utuado, Vega Alta, Vega Baja, Vieques, Villalba, and Yabucoa 
Municipalities.

    Dated: October 6, 2017.
Keith A. Noreika,
Acting Comptroller of the Currency.
    By order of the Board of Governors of the Federal Reserve 
System, October 16, 2017.
Michele Taylor Fennell,
Assistant Secretary of the Board.
    Dated at Washington, DC, this 12th day of October, 2017.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
    Dated at Alexandria, VA, this 16th day of October, 2017.

    By order of the Board of Directors.

National Credit Union Administration.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2017-22957 Filed 10-23-17; 8:45 am]
 BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 7535-01-P



                                                              Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations                                             49089

                                             were discussed, based upon the relative                 periodically reviewed to reduce                       §§ 983.1 through 983.92     [Designated as
                                             value of various activities to the                      information requirements and                          Subpart A]
                                             pistachio industry. The Committee                       duplication by industry and public                    ■ 2. Designate §§ 983.1 through 983.92
                                             ultimately determined that the 2017–18                  sector agencies.                                      as subpart A and add a heading for
                                             production year expenses of $672,900                       AMS is committed to complying with                 subpart A to read as follows:
                                             were prudent, and the assessment                        the E-Government Act, to promote the
                                             income provided by the reduced rate,                    use of the internet and other                         Subpart A—Order Regulating Handling
                                             interest income, CPRB management                        information technologies to provide                     [Subpart Redesignated as Subpart B
                                             income, and funds from the financial                    increased opportunities for citizen                   and Amended]
                                             reserve, would permit the Committee to                  access to Government information and
                                             meet its expenses, while not adding to                                                                        ■ 3. Redesignate ‘‘Subpart—Rules and
                                                                                                     services, and for other purposes.                     Regulations’’ as subpart B and revise the
                                             the financial reserve.                                     USDA has not identified any relevant
                                                According to data from NASS, the                                                                           heading to read as follows:
                                                                                                     Federal rules that duplicate, overlap, or
                                             season average producer price was $3.29
                                                                                                     conflict with this rule.                              Subpart B—Administrative
                                             per pound of assessed weight pistachios
                                             in 2015 and $1.68 per pound in 2016.                       A small business guide on complying                Requirements
                                             A review of historical and preliminary                  with fruit, vegetable, and specialty crop
                                                                                                                                                             [Subpart Redesignated as Subpart C]
                                             information pertaining to the upcoming                  marketing agreements and orders may
                                                                                                     be viewed at: http://www.ams.usda.gov/                ■ 4. Redesignate ‘‘Subpart—Assessment
                                             production year indicates that the                                                                            Rate’’ as subpart C.
                                             producer revenue for the 2017–18                        rules-regulations/moa/small-businesses.
                                                                                                     Any questions about the compliance                    ■ 5. Section 983.253 is revised to read
                                             production year could range between                                                                           as follows:
                                             $924,000,000 and $1,809,500,000.                        guide should be sent to Richard Lower
                                             Therefore, the estimated assessment                     at the previously mentioned address in                § 983.253   Assessment rate.
                                             revenue for the 2017–18 production                      the FOR FURTHER INFORMATION CONTACT
                                                                                                                                                             On and after September 1, 2017, an
                                             year as a percentage of total producer                  section.
                                                                                                                                                           assessment rate of $0.0001 per pound is
                                             revenue could range between 0.00003                        After consideration of all relevant                established for California, Arizona, and
                                             and 0.00006 percent.                                    material presented, including the                     New Mexico pistachios.
                                                This action decreases the assessment                 information and recommendation
                                             obligation imposed on handlers.                         submitted by the Committee and other                    Dated: October 16, 2017.
                                             Assessments are applied uniformly on                    available information, it is hereby found             Bruce Summers,
                                             all handlers, and some of the costs may                 that this rule, as hereinafter set forth,             Acting Administrator, Agricultural Marketing
                                             be passed on to producers. However,                     will tend to effectuate the declared                  Service.
                                             decreasing the assessment rate reduces                  policy of the Act.                                    [FR Doc. 2017–22711 Filed 10–23–17; 8:45 am]
                                             the burden on handlers, and may reduce                     Pursuant to 5 U.S.C. 553, it is also               BILLING CODE 3410–02–P
                                             the burden on producers. Additionally,                  found and determined that good cause
                                             the Committee’s meetings were widely                    exists for not postponing the effective
                                             publicized throughout the California,                   date of this rule until 30 days after                 DEPARTMENT OF THE TREASURY
                                             Arizona, and New Mexico pistachio                       publication in the Federal Register
                                             industry, and all interested persons                    because handlers are aware of this rule,              Office of the Comptroller of the
                                             were invited to attend the meetings and                 which was recommended at a public                     Currency
                                             encouraged to participate in Committee                  meeting. This interim rule provides for
                                             deliberations on all issues. Like all                   a 60-day comment period, and all                      12 CFR Part 34
                                             Committee meetings, the July 10, 2017,                  comments timely received will be                      [Docket No. OCC–2017–0024]
                                             and August 1, 2017, meetings were                       considered prior to finalization of this
                                             public meetings and all entities, both                  rule. The decreased assessment rate is                FEDERAL RESERVE SYSTEM
                                             large and small, were able to express                   necessary to fund reasonable and
                                             views on this issue. Finally, interested                necessary expenses of the program,                    12 CFR Part 225
                                             persons are invited to submit comments                  while keeping the funds in the reserve
                                             on this interim rule, including the                                                                           [Docket No. OP–1577]
                                                                                                     within the maximum limit permitted by
                                             regulatory and informational impacts of                 the order. Moreover, the decreased                    FEDERAL DEPOSIT INSURANCE
                                             this action on small businesses.                        assessment rate reduces the economic
                                                In accordance with the Paperwork                                                                           CORPORATION
                                                                                                     burden on handlers.
                                             Reduction Act of 1995 (44 U.S.C.
                                             Chapter 35), the order’s information                    List of Subjects in 7 CFR Part 983                    12 CFR Part 323
                                             collection requirements have been
                                                                                                       Marketing agreements, Pistachios,                   NATIONAL CREDIT UNION
                                             previously approved by OMB and
                                                                                                     Reporting and recordkeeping                           ADMINISTRATION
                                             assigned OMB No. 0581–0215,
                                                                                                     requirements.
                                             ‘‘Vegetable and Specialty Crop
                                             Marketing Orders.’’ No changes in those                   For the reasons set forth in the                    12 CFR Part 722
                                             requirements as a result of this action                 preamble, 7 CFR part 983 is amended as
                                                                                                                                                           Temporary Exceptions to the Financial
                                             are necessary. Should any changes                       follows:
                                                                                                                                                           Institutions Reform, Recovery, and
                                             become necessary, they would be
pmangrum on DSK3GDR082PROD with RULES




                                                                                                     PART 983—PISTACHIOS GROWN IN                          Enforcement Act of 1989 (FIRREA)
                                             submitted to OMB for approval.                                                                                Appraisal Requirements in Areas
                                                This action imposes no additional                    CALIFORNIA, ARIZONA, AND NEW
                                                                                                     MEXICO                                                Affected by Severe Storms and
                                             reporting or recordkeeping requirements
                                                                                                                                                           Flooding Related to Hurricanes
                                             on either small or large California,
                                                                                                     ■ 1. The authority citation for 7 CFR                 Harvey, Irma, and Maria
                                             Arizona, and New Mexico pistachio
                                             handlers. As with all Federal marketing                 part 983 continues to read as follows:                AGENCY: Office of the Comptroller of the
                                             order programs, reports and forms are                       Authority: 7 U.S.C. 601–674.                      Currency, Treasury (OCC); Board of


                                        VerDate Sep<11>2014   15:12 Oct 23, 2017   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\24OCR1.SGM   24OCR1


                                             49090            Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations

                                             Governors of the Federal Reserve                        649–6285 or, for persons who are deaf                 and the Commonwealth of Puerto Rico 6
                                             System (Board); Federal Deposit                         or hearing impaired, TTY (202) 649–                   as a result of the severe storms and
                                             Insurance Corporation (FDIC); and                       5597.                                                 subsequent flooding from Hurricane
                                             National Credit Union Administration                       Board: Carmen D. Holly, Senior                     Irma. Further, on September 15, 2017,
                                             (NCUA), collectively referred to as the                 Supervisory Financial Analyst, Division               the President declared a major disaster
                                             agencies.                                               of Supervision and Regulation at (202)                existed in areas in the state of Georgia
                                             ACTION: Statement and order; temporary                  973–6122; Gillian Burgess, Counsel,                   as a result of the severe storms and
                                             exceptions.                                             Legal Division, at (202) 736–5564; or                 subsequent flooding related to
                                                                                                     Kirin Walsh, Attorney, Legal Division,                Hurricane Irma.7
                                             SUMMARY:    Section 2 of the Depository                 at (202) 452–3058.                                       In addition, on September 20, 2017,
                                             Institutions Disaster Relief Act of 1992                   FDIC: Beverlea S. Gardner, Senior                  and September 21, 2017, the President
                                             (DIDRA) authorizes the agencies to                      Examination Specialist, Division of Risk              declared a major disaster existed in
                                             make exceptions to statutory and                        Management and Supervision, at (202)                  areas in Puerto Rico 8 and the U.S.
                                             regulatory appraisal requirements under                 898–3640; Mark Mellon, Counsel, Legal                 Virgin Islands,9 respectively, as a result
                                             Title XI of FIRREA. The exceptions are                  Division, at (202) 898–3884; Federal                  of the severe storms and subsequent
                                             available for transactions involving real               Deposit Insurance Corporation, 550 17th               flooding from Hurricane Maria. The
                                             property located within an area in a                    Street NW., Washington, DC 20429.                     agencies believe that granting relief from
                                             state or territory declared to be a major                  NCUA: D. Scott Neat, Director of                   the appraisal requirements set forth in
                                             disaster by the President if the agencies               Supervision, Office of Examination and                Title XI of FIRREA, and in the agencies’
                                             determine, and describe by publication                  Insurance, at (703) 518–6363; John                    appraisal regulations, for real estate-
                                             of a regulation or order, that the                      Brolin, Staff Attorney, Office of General             related financial transactions in areas
                                             exceptions would facilitate recovery                    Counsel, at (703) 518–6438; National                  declared a major disaster is consistent
                                             from the disaster and would be                          Credit Union Administration, 1775                     with the provisions of DIDRA.
                                             consistent with safety and soundness.                   Duke Street, Alexandria, VA 22314.
                                                In this statement and order, the                                                                           Facilitation of Recovery From the Major
                                                                                                     SUPPLEMENTARY INFORMATION:                            Disasters
                                             agencies exercise their authority to grant
                                             temporary exceptions to the FIRREA                      Statement                                                The agencies have determined that
                                             appraisal requirements for real estate-                    Section 2 of DIDRA, which added                    the disruption of real estate markets in
                                             related financial transactions, provided                section 1123 to Title XI of FIRREA,1                  each of the areas declared a major
                                             certain criteria are met, in areas of                   authorizes the agencies to make                       disaster interferes with the ability of
                                             Florida, Georgia, Puerto Rico, Texas,                   exceptions to statutory and regulatory                depository institutions to obtain
                                             and the U.S. Virgin Islands that have                   appraisal requirements for certain                    appraisals that comply with Title XI
                                             been declared major disasters by                        transactions. These exceptions are                    statutory and regulatory requirements.
                                             President Trump as a result of the                      available for transactions involving real             Further, the agencies have determined
                                             severe storms and flooding caused by                    property located in an area in which the              that the disruption may impede
                                             Hurricanes Harvey, Irma, and Maria.                     President has determined a major                      institutions in making loans and
                                             The expiration date for the exceptions                  disaster exists, pursuant to section 401              engaging in other transactions that
                                             in each area is three years after the date              of the Robert T. Stafford Disaster Relief             would aid in the reconstruction and
                                             the President declared the state or                     and Emergency Assistance Act,2                        rehabilitation of the affected areas.
                                             territory a major disaster.                             provided that the exception would                     Accordingly, the agencies have
                                             DATES: This order is applicable on                      facilitate recovery from the major                    determined that recovery from these
                                             October 24, 2017 and expires three years                disaster and is consistent with safety                major disasters would be facilitated by
                                             after the date the President declared the               and soundness.                                        exempting transactions involving real
                                             relevant state or territory a major                        On August 25, 2017, the President                  estate and requiring the services of an
                                             disaster, as follows.                                   declared a major disaster existed in                  appraiser located in the area directly
                                                Hurricane Harvey: The expiration                     areas in the state of Texas 3 due to                  affected by the severe storms and
                                             date for the exceptions for areas                       extensive damage that occurred as a                   flooding from the real estate appraisal
                                             declared a major disaster is August 24,                 result of severe storms and subsequent                requirements of Title XI of FIRREA and
                                             2020, for Texas.                                        flooding in connection with Hurricane                 its implementing regulations.10
                                                Hurricane Irma: The expiration dates                 Harvey. On September 7, 2017, the
                                             for the exceptions for areas declared a                 President declared a major disaster                   press-office/2017/09/10/president-donald-j-trump-
                                             major disaster are September 6, 2020,                                                                         approves-florida-disaster-declaration.
                                                                                                     existed in areas in the U.S. Virgin                     6 Press Release, The White House (September 10,
                                             for the U.S. Virgin Islands, September 9,               Islands 4 as a result of the severe storms            2017), available at https://www.whitehouse.gov/the-
                                             2020, for Florida and Puerto Rico, and                  and subsequent flooding from Hurricane                press-office/2017/09/10/president-donald-j-trump-
                                             September 14, 2020, for Georgia.                        Irma. On September 10, 2017, the                      approves-puerto-rico-disaster-declaration.
                                                Hurricane Maria: The expiration dates                President declared a major disaster                     7 Press Release, The White House (September 15,

                                             for the exceptions for areas declared a                                                                       2017), available at https://www.whitehouse.gov/the-
                                                                                                     existed in areas in the state of Florida 5            press-office/2017/09/15/president-donald-j-trump-
                                             major disaster are September 19, 2020,                                                                        approves-georgia-disaster-declaration.
                                             for Puerto Rico and September 20, 2020,                   1 12 U.S.C. 3352.                                     8 Press Release, The White House (September 21,

                                             for the U.S. Virgin Islands.                              2 42 U.S.C. 5170.                                   2017), available at https://www.whitehouse.gov/the-
                                                                                                       3 Press Release, The White House (August 25,        press-office/2017/09/21/president-donald-j-trump-
                                             FOR FURTHER INFORMATION CONTACT:
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                                                                                                     2017), available at https://www.whitehouse.gov/the-   approves-puerto-rico-disaster-declaration.
                                                OCC: Kevin Lawton, Appraisal                         press-office/2017/08/25/president-donald-j-trump-       9 Press Release, The White House (September 21,
                                             Specialist, Chief National Bank                         approves-texas-disaster-declaration.                  2017), available at https://www.whitehouse.gov/the-
                                             Examiner’s Office, at (202) 649–7152;                     4 Press Release, The White House (September 7,      press-office/2017/09/21/president-donald-j-trump-
                                             Christopher Manthey, Special Counsel,                   2017), available at https://www.whitehouse.gov/the-   approves-us-virgin-islands-disaster-declaration.
                                                                                                     press-office/2017/09/07/president-donald-j-trump-       10 12 U.S.C. 3331–3355; 12 CFR 34.41–34.47
                                             Chief Counsel’s Office, at (202) 649–                   approves-us-virgin-islands-disaster-declaration.      (OCC); 12 CFR part 225, subpart G (Board); 12 CFR
                                             6203; or Mitchell Plave, Special                          5 Press Release, The White House (September 10,     part 323, subpart A (FDIC); 12 CFR part 722
                                             Counsel, Chief Counsel’s Office, at (202)               2017), available at https://www.whitehouse.gov/the-   (NCUA).



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                                                              Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations                                               49091

                                             Consistency With Safety and Soundness                      e. The three counties in Georgia under             Seminole, St. Johns, St. Lucie, Sumter,
                                                                                                     the declaration of September 15,                      Suwannee, Union, and Volusia counties.
                                               The agencies also have determined                                                                             Georgia: Camden, Chatham, and Glynn
                                             that the exceptions are consistent with                 2017; 16
                                                                                                        f. The 54 municipalities in Puerto                 counties.
                                             safety and soundness, provided that the                                                                         Puerto Rico: Canovanas, Culebra, Loiza,
                                             depository institution determines and                   Rico under the declaration of September               and Vieques Municipalities.
                                             maintains appropriate documentation of                  20, 2017; 17 and                                        U.S. Virgin Islands: St. John (Island), St.
                                                                                                        g. The island in the U.S. Virgin                   Thomas (Island).
                                             the following: (1) The property involved
                                                                                                     Islands under the declaration of
                                             was located in the major disaster area;                                                                       Hurricane Maria
                                                                                                     September 21, 2017.18
                                             (2) there is a binding commitment to                                                                            U.S. Virgin Islands: St. Croix (Island).
                                                                                                        (2) There is a binding commitment to
                                             fund the transaction that was entered                                                                           Puerto Rico: Aguas Buenas, Aibonito,
                                                                                                     fund a transaction that was entered into
                                             into on or within 36 months of the date                                                                       Arecibo, Arroyo, Barceloneta, Barranquitas,
                                                                                                     on or after:
                                             that the area was declared a major                         (a) August 25, 2017, but no later than             Bayamón, Caguas, Canóvanas, Carolina,
                                             disaster; and (3) the value of the real                 August 24, 2020, for areas declared a
                                                                                                                                                           Cataño, Cayey, Ceiba, Ciales, Cidra, Coamo,
                                             property supports the institution’s                                                                           Comerio, Corozal, Culebra, Dorado, Fajardo,
                                                                                                     major disaster in Texas as a result of                Florida, Guayama, Guaynabo, Gurabo,
                                             decision to enter into the transaction. In              Hurricane Harvey;
                                             addition, the transaction must continue                                                                       Humacao, Jayuya, Juana Dı́az, Juncos, Las
                                                                                                        (b) September 7, 2017, but no later                Piedras, Loı́za, Luquillo, Manati, Maunabo,
                                             to be subject to review by management                   than September 6, 2020, for areas                     Morovis, Naguabo, Naranjito, Orocovis,
                                             and by the agencies in the course of                    declared a major disaster in the U.S.                 Patillas, Ponce, Rio Grande, Salinas, San
                                             examinations of the institution.                        Virgin Islands as a result of Hurricane               Juan, San Lorenzo, Santa Isabel, Toa Alta,
                                                                                                     Irma;                                                 Toa Baja, Trujillo Alto, Utuado, Vega Alta,
                                             Expiration Date                                                                                               Vega Baja, Vieques, Villalba, and Yabucoa
                                                                                                        (c) September 10, 2017, but no later
                                               Exceptions made under section 1123                                                                          Municipalities.
                                                                                                     than September 9, 2020, for areas
                                             of FIRREA may be provided for no more                                                                           Dated: October 6, 2017.
                                                                                                     declared a major disaster in Florida and
                                             than three years after the President                                                                          Keith A. Noreika,
                                                                                                     Puerto Rico as a result of Hurricane
                                             determines a major disaster exists in an
                                                                                                     Irma;                                                 Acting Comptroller of the Currency.
                                             area.11 The agencies have determined                       (d) September 15, 2017, but no later                 By order of the Board of Governors of the
                                             that the exceptions provided for by this                than September 14, 2020, for areas                    Federal Reserve System, October 16, 2017.
                                             order shall expire three years after the                declared a major disaster in Georgia as               Michele Taylor Fennell,
                                             date the President declared a major                     a result of Hurricane Irma;
                                             disaster in each state or territory.                                                                          Assistant Secretary of the Board.
                                                                                                        (e) September 20, 2017, but no later                 Dated at Washington, DC, this 12th day of
                                             Order                                                   than September 19, 2020, for areas                    October, 2017.
                                                In accordance with section 2 of                      declared a major disaster in Puerto Rico                By order of the Board of Directors.
                                             DIDRA, relief is hereby granted from the                as a result of Hurricane Maria; or
                                                                                                                                                           Federal Deposit Insurance Corporation.
                                                                                                        (f) September 21, 2017, but no later
                                             provisions of Title XI of FIRREA and the                                                                      Robert E. Feldman,
                                                                                                     than September 20, 2020, for areas
                                             agencies’ appraisal regulations for any                                                                       Executive Secretary.
                                                                                                     declared a major disaster in the U.S.
                                             real estate-related financial transaction                                                                       Dated at Alexandria, VA, this 16th day of
                                                                                                     Virgin Islands as a result of Hurricane
                                             that requires the services of an appraiser                                                                    October, 2017.
                                                                                                     Maria.
                                             under those provisions, provided that                                                                           By order of the Board of Directors.
                                                                                                        (3) The value of the real property
                                             the institution determines each of the
                                                                                                     supports the institution’s decision to                National Credit Union Administration.
                                             following and maintains supporting
                                                                                                     enter into the transaction.                           Gerard Poliquin,
                                             documentation made available to the
                                             agencies upon request:                                  Appendix: Areas Declared a Major                      Secretary of the Board.
                                                (1) The transaction involves real                    Disaster                                              [FR Doc. 2017–22957 Filed 10–23–17; 8:45 am]
                                             property located in an area of a state or               Hurricane Harvey
                                                                                                                                                           BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P;
                                                                                                                                                           7535–01–P
                                             territory that has been declared a major
                                             disaster by the President as a result of                  Texas: Aransas, Austin, Bastrop, Bee,
                                                                                                     Brazoria, Calhoun, Chambers, Colorado,
                                             severe storms and flooding related to                   DeWitt, Fayette, Fort Bend, Galveston,
                                             Hurricanes Harvey, Irma, or Maria. The                                                                        DEPARTMENT OF TRANSPORTATION
                                                                                                     Goliad, Gonzales, Hardin, Harris, Jackson,
                                             specific areas covered are identified in                Jasper, Jefferson, Karnes, Kleberg, Lavaca,           Federal Aviation Administration
                                             the Appendix and include:                               Lee, Liberty, Matagorda, Montgomery,
                                                a. The 39 counties in Texas under the                Newton, Nueces, Orange, Polk, Refugio,
                                             declaration of August 25, 2017 (as                      Sabine, San Jacinto, San Patricio, Tyler,
                                                                                                                                                           14 CFR Part 39
                                             amended); 12                                            Victoria, Walker, Waller, and Wharton                 [Docket No. FAA–2016–6429; Product
                                                b. The two islands in the U.S. Virgin                counties.                                             Identifier 2015–NM–117–AD; Amendment
                                             Islands under the declaration of                        Hurricane Irma                                        39–19083; AD 2017–22–03]
                                             September 7, 2017; 13                                                                                         RIN 2120–AA64
                                                                                                       Florida: Alachua, Baker, Bradford, Brevard,
                                                c. The 48 counties in Florida under                  Broward, Charlotte, Citrus, Clay, Collier,
                                             the declaration of September 10, 2017                   Columbia, DeSoto, Dixie, Duval, Flagler,              Airworthiness Directives; Airbus
                                             (as amended); 14                                        Gilchrist, Glades, Hardee, Hendry, Hernando,          Airplanes
                                                d. The four municipalities in Puerto                 Highlands, Hillsborough, Indian River,
                                                                                                                                                           AGENCY:  Federal Aviation
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                                             Rico under the declaration of September                 Lafayette, Lake, Lee, Levy, Manatee, Marion,
                                             10, 2017; 15                                            Martin, Miami-Dade, Monroe, Nassau,                   Administration (FAA), Department of
                                                                                                     Okeechobee, Orange, Osceola, Palm Beach,              Transportation (DOT).
                                               11 12 U.S.C. 3352(b).                                 Pasco, Pinellas, Polk, Putnam, Sarasota,              ACTION: Final rule.
                                               12 See https://www.fema.gov/disaster/4332.
                                               13 See https://www.fema.gov/disaster/4335.              16 See https://www.fema.gov/disaster/4338.          SUMMARY:  We are superseding
                                               14 See https://www.fema.gov/disaster/4337.              17 See https://www.fema.gov/disaster/4339.          Airworthiness Directive (AD) 2015–05–
                                               15 See https://www.fema.gov/disaster/4336.              18 See https://www.fema.gov/disaster/4340.          02, which applied to all Airbus Model


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Document Created: 2018-10-25 10:08:08
Document Modified: 2018-10-25 10:08:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionStatement and order; temporary exceptions.
DatesThis order is applicable on October 24, 2017 and expires three years after the date the President declared the relevant state or territory a major disaster, as follows.
ContactOCC: Kevin Lawton, Appraisal Specialist, Chief National Bank Examiner's Office, at (202) 649-7152; Christopher Manthey, Special Counsel, Chief Counsel's Office, at (202) 649-6203; or Mitchell Plave, Special Counsel, Chief Counsel's Office, at (202) 649-6285 or, for persons who are deaf or hearing impaired, TTY (202) 649-5597.
FR Citation82 FR 49089 
CFR Citation12 CFR 225
12 CFR 323
12 CFR 34
12 CFR 722

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