66166 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 

in the request—one that extends beyond 

the public’s right to know about 

government activity generally. The 

existence of numerous articles 

published on a given subject can be 

helpful in establishing the requirement 

that there be an ‘‘urgency to inform’’ the 

public on the topic. As a matter of 

administrative discretion, IMLS may 

waive the formal certification 

requirement. 

(4) IMLS must notify the requester 

within 10 calendar days of the receipt 

of a request for expedited processing of 

its decision whether to grant or deny 

expedited processing. If expedited 

processing is granted, the request must 

be given priority, placed in the 

processing track for expedited requests, 

and must be processed as soon as 

practicable. If a request for expedited 

processing is denied, IMLS must act on 

any appeal of that decision 

expeditiously. 

■ 13. Amend § 1184.5 by: 

■ a. Redesignating paragraphs (c), (d), 

and (e) as paragraphs (d), (e), and (f); 

■ b. Adding a new paragraph (c); and 

■ c. In newly redesignated paragraph (f): 

■ i. Removing ‘‘FOIA Officer’’ and 

adding in its place ‘‘FOIA Public 

Liaison;’’ and 

■ ii. Adding a sentence at the end of the 

paragraph. 

The additions read as follows: 

§ 1184.5 How will my request be 

processed? 

* * * * * 

(c) Estimated dates of completion and 

interim responses. Upon request, IMLS 

will provide an estimated date by which 

the agency expects to provide a 

response to the requester. If a request 

involves a voluminous amount of 

material, or searches in multiple 

locations, IMLS may provide interim 

responses, releasing the records on a 

rolling basis. 

* * * * * 

(f) * * * In addition, IMLS will 

provide information about the 

mediation services provided by the 

Office of Government Information 

Services of the National Archives and 

Records Administration. 

■ 14. Amend § 1184.6 by: 

■ a. Revising paragraph (a); and 

■ b. In paragraph (b), removing the term 

‘‘Office of Government Services (OGIS)’’ 

and adding in its place ‘‘Office of 

Government Information Services.’’ 

The revision reads as follows: 

§ 1184.6 How can I appeal a denial of my 

request? 

(a) Submission of an appeal. If your 

FOIA request has been denied in whole 

or in part, or if the agency has not found 

any records in response to your request, 

you may file an appeal no later than 

ninety (90) calendar days following the 

date of the notification of denial. Your 

appeal must include a description of the 

initial request, the reason for the appeal, 

and why you believe the agency’s 

response was incorrect. Your appeal 

must be in writing, signed, and filed 

with the IMLS Director, c/o Office of the 

General Counsel, 955 L’Enfant Plaza 

North SW, Suite 4000, Washington, DC 

20024–2135. Appeals may also be sent 

via email to foia@imls.gov, or via 

facsimile to (202) 653–4625. 

* * * * * 

■ 15. Amend § 1184.7 by revising 

paragraphs (f)(3)(ii) and (g) to read as 

follows: 

§ 1184.7 How will fees be charged? 

* * * * * 

(f) * * * 

(3) * * * 

(ii) When IMLS requests an advance 

payment, the time limits described in 

section (a)(6) of the FOIA will begin 

only after IMLS has received advanced 

full payment in full. 

(g) Failure to comply. In the absence 

of unusual or exceptional 

circumstances, IMLS will not assess fees 

if the agency fails to comply with any 

time limit set forth in these regulations, 

unless the agency has determined that 

unusual circumstances apply and more 

than 5,000 pages are necessary to 

respond to the request. 

* * * * * 

■ 16. Amend § 1184.8 by revising the 

second sentence of paragraph (b) to read 

as follows: 

§ 1184.8 How can I address concerns 

regarding my request? 

* * * * * 

(b) * * * If you seek information 

regarding OGIS and/or the services it 

offers, please contact OGIS directly at 

Office of Government Information 

Services, National Archives and Records 

Administration, 8601 Adelphi RoadOGIS, College Park, MD 20740–6001, 

Email: ogis@nara.gov, Phone: (202) 741– 

5770 or toll free (877) 684–6448, Fax: 

(202) 741–5769. * * * 

§ 1184.9 [Amended] 

■ 16. Amend § 1184.9(b)(2) by adding a 

comma after ‘‘local’’. 

Dated: December 12, 2018. 

Danette Hensley, 

Staff Assistant. 

[FR Doc. 2018–27219 Filed 12–21–18; 8:45 am] 

BILLING CODE 7036–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 3 

[Docket ID OCC–2018–0026] 

RIN 1557–AE48 

Regulatory Capital Treatment for High 

Volatility Commercial Real Estate 

(HVCRE) Exposures 

AGENCY: Office of the Comptroller of the 

Currency, Treasury (OCC). 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: This document corrects OCC’s 

Regulatory Flexibility Act certification 

for the proposed rule that was published 

in the Federal Register on September 

28, 2018, entitled ‘‘Regulatory Capital 

Treatment for High Volatility 

Commercial Real Estate (HVCRE) 

Exposures.’’ 

DATES: The proposed rule published on 

September 28, 2018 at 83 FR 48990 is 

corrected as of December 26, 2018. 

Comments must be received by January 

25, 2019. 

FOR FURTHER INFORMATION CONTACT: Carl 

Kaminski, Special Counsel, or Rima 

Kundnani, Attorney, (202) 649–5490 or, 

for persons who are deaf or hearing 

impaired, TTY, (202) 649–5597. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This document supplements the 

OCC’s Regulatory Flexibility Act (RFA) 

certification for the notice of proposed 

rulemaking entitled ‘‘Regulatory Capital 

Treatment for High Volatility 

Commercial Real Estate (HVCRE) 

Exposures’’ (proposed rule) published 

on September 28, 2018, Federal Register 

Document 2018–20875 (83 FR 48990), 

by the OCC, the Board of Governors of 

the Federal Reserve System, and the 

Federal Deposit Insurance Corporation. 

The sections of this correction 

document are effective as if they had 

been included in the SUPPLEMENTARY

INFORMATION section of the proposed 

rule. 

II. Summary of Supplemental Language 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., requires an agency, 

in connection with a proposed rule, to 

prepare an Initial Regulatory Flexibility 

Analysis describing the impact of the 

rule on small entities (defined by the 

SBA for purposes of the RFA to include 

commercial banks and savings 

institutions with total assets of $550 

million or less and trust companies with 


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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66167 

1The OCC calculated the number of small entities 

using the SBA’s size thresholds for commercial 

banks and savings institutions, and trust 

companies, which are $550 million and $38.5 

million, respectively. Consistent with the General 

Principles of Affiliation, 13 CFR 121.103(a), the 

OCC counted the assets of affiliated financial 

institutions when determining whether to classify 

a national bank or Federal savings association as a 

small entity. 

2To estimate average hourly wages we review 

data from May 2017 for wages (by industry and 

occupation) from the U.S. Bureau of Labor Statistics 

(BLS) for depository credit intermediation (NAICS 

522100). To estimate compensation costs associated 

with the rule, we use $117 per hour, which is based 

on the average of the 90th percentile for seven 

occupations adjusted for inflation, plus an 

additional 34.2 percent to cover private sector 

benefits. 

total assets of $38.5 million of less) or 

to certify that the proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities. 

In the OCC’s portion of the 

SUPPLEMENTARY INFORMATION section 

titled ‘‘Regulatory Flexibility Act 

Analysis’’ of the proposed rule, 

‘‘Regulatory Capital Treatment for High 

Volatility Commercial Real Estate 

(HVCRE) Exposures,’’ the OCC stated 

that the proposal likely would impact a 

substantial number of small entities. 

However, the OCC determined that the 

impact of the proposal would not be 

economically significant. Therefore, the 

OCC certified, for the purpose of the 

RFA, that the proposed rule would not 

have a significant economic impact on 

a substantial number of OCC-supervised 

small entities. 

The United States Small Business 

Administration, which monitors 

compliance with the RFA, has asked the 

OCC to provide additional detail to 

support its certification. Therefore, the 

OCC is revising the administrative 

record to include additional 

information. 

Correction 

In the third column on page 48996 

and the first column on page 48997, 

revise the section following ‘‘B. 

Regulatory Flexibility Act Analysis’’ to 

read as follows: 

‘‘OCC: The Regulatory Flexibility Act, 

5 U.S.C. 601 et seq., (RFA), requires an 

agency, in connection with a notice of 

proposed rulemaking, to prepare a Final 

Regulatory Flexibility Analysis 

describing the impact of the proposed 

rule on small entities (defined by the 

Small Business Administration (SBA) 

for purposes of the RFA to include 

banking entities with total assets of $550 

million or less) or to certify that the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

As of June 30, 2018, the OCC 

supervised 886 small entities.1

Currently, 211 small OCC-supervised 

institutions hold high volatility 

commercial real estate (HVCRE) 

exposures and thus will be directly 

impacted by the proposed rule. 

Therefore, the proposed rule potentially 

affects a substantial number of small 

entities. 

The proposed rule would impact two 

principal areas: (1) The impact 

associated with implementing revisions 

to the capital rule to make the definition 

of an HVCRE exposure consistent with 

the new statutory definition and, (2) the 

impact associated with the time 

required to update policies and 

procedures and to re-evaluate HVCRE 

loan portfolios. 

As described in the SUPPLEMENTARY

INFORMATION section in the preamble to 

this proposed rule, the OCC believes the 

change to the definition of HVCRE 

exposure would result in fewer loans 

being deemed HVCRE exposures. 

Therefore, the amount of capital 

required would decrease for impacted 

OCC-supervised entities. 

Further, the OCC believes no 

currently reported non-HVCRE 

acquisition, development, or 

construction (ADC) exposures would be 

reclassified as HVCRE exposures, and 

thus there would be no additional 

compliance burden to OCC-supervised 

entities for the non-HVCRE component 

of their ADC portfolios. The proposed 

rule would not require OCC-supervised 

entities to amend previously filed 

reports as OCC-supervised entities 

adjust their estimates of existing HVCRE 

exposures. This would serve to 

minimize the compliance burden for 

OCC-supervised entities. 

Compliance burdens that OCCsupervised entities may face could 

include: (1) Updating policies and 

procedures to classify newly issued 

HVCRE loans; and (2) time spent reevaluating existing HVCRE exposures in 

order to determine if any are eligible to 

be reclassified and thus receive a lower 

risk-weight of 100 percent. Based on the 

OCC’s supervisory experience, OCC staff 

estimates that it would take an OCCsupervised institution, on average, a 

one-time investment of one business 

week, or 40 hours, to update policies 

and procedures and to re-evaluate their 

HVCRE exposures for loans originated 

after January 1, 2015. 

The OCC’s threshold for a significant 

effect is whether cost increases 

associated with a proposed rule are 

greater than or equal to either 5 percent 

of a small bank’s total annual salaries 

and benefits or 2.5 percent of a small 

bank’s total non-interest expense. The 

estimated compliance costs of $4,680 

per institution (40 hours × $117 per 

hour) 2 would not exceed either of these 

thresholds for a significant impact on 

any of the 886 OCC-supervised small 

entities. 

For this reason, the OCC certifies that 

the proposed rule would not have a 

significant economic impact on a 

substantial number of OCC-supervised 

small entities.’’ 

Dated: December 18, 2018. 

William A. Rowe, 

Chief Risk Officer. 

[FR Doc. 2018–27786 Filed 12–21–18; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–8501; Product 

Identifier 2014–SW–042–AD] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposal for Sikorsky Aircraft 

Corporation (Sikorsky) Model S–92A 

helicopters. This action revises the 

notice of proposed rulemaking (NPRM) 

by increasing the estimated costs of 

compliance and removing the daily 

inspection requirements. We are 

proposing this airworthiness directive 

(AD) to address the unsafe condition on 

these products. Since these actions 

would impose an additional economic 

burden over that proposed in the NPRM, 

we are reopening the comment period to 

allow the public the chance to comment 

on this change. 

DATES: The comment period for the 

NPRM published in the Federal 

Register on July 15, 2016 (81 FR 46002), 

is reopened. 

We must receive comments on this 

SNPRM by February 11, 2019. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 


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