28560 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 

159979 (installation of non-data-loadable 

ELAC L99 P/N 3945128217). 

(ii) Airbus mod 160577 (installation of 

data-loadable ELAC P/N 3945129100 unit 

with L101 software P/N 3945129112) or mod 

162042 (installation of non-data-loadable 

ELAC L101 P/N 3945128218). 

(2) An airplane on which any modification 

specified in paragraphs (k)(2)(i), (k)(2)(ii), or 

(k)(2)(iii) of this AD was done is not affected 

by the requirements of paragraph (h) of this 

AD, provided it is determined that no 

affected ELAC is installed as of the effective 

date of this AD. 

(i) A modification specified in Airbus 

Service Bulletin A320–27–1267, Revision 00, 

dated September 27, 2017 (ELAC L101 P/N 

3945128218 non-data-loadable). 

(ii) A modification specified in Airbus 

Service Bulletin A320–27–1268, Revision 00, 

dated September 27, 2017 (ELAC P/N 

3945129100 data-loadable with L101 

software P/N 3945129112 for A320 NEO). 

(iii) A modification specified in Airbus 

Service Bulletin A320–27–1269, Revision 00, 

dated September 27, 2017 (ELAC P/N 

3945129100 data-loadable with L101 

software P/N 3945129112). 

(l) Terminating Action for AD 2016–17–03 

Accomplishing the actions required by 

paragraph (h) of this AD or complying with 

any method of compliance specified in 

paragraph (k) of this AD terminates all 

requirements of AD 2016–17–03. 

(m) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the International Section, send it 

to the attention of the person identified in 

paragraph (n)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or EASA; 

or Airbus’s EASA DOA. If approved by the 

DOA, the approval must include the DOAauthorized signature. 

(n) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA AD 

2018–0007R1, dated January 19, 2018, for 

related information. This MCAI may be 

found in the AD docket on the internet at 

http://www.regulations.gov by searching for 

and locating Docket No. FAA–2018–0556. 

(2) For more information about this AD, 

contact Sanjay Ralhan, Aerospace Engineer, 

International Section, Transport Standards 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone 206–231– 

3223; fax 206–231–3398. 

(3) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EIAS, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airworth-eas@

airbus.com; internet http://www.airbus.com. 

You may view this service information at the 

FAA, Transport Standards Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. You 

may view this service information at the 

FAA, Transport Standards Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

Issued in Des Moines, Washington, on June 

7, 2018. 

Michael Kaszycki, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–12885 Filed 6–19–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 100 

[Docket No. FR–6111–A–01] 

RIN 2529–ZA01 

Reconsideration of HUD’s 

Implementation of the Fair Housing 

Act’s Disparate Impact Standard 

AGENCY: Office of the Assistant 

Secretary for Fair Housing and Equal 

Opportunity, HUD. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: This advance notice of 

proposed rulemaking (ANPR) invites 

public comment on possible 

amendments to HUD’s 2013 final rule 

implementing the Fair Housing Act’s 

disparate impact standard, as well as the 

2016 supplement to HUD’s responses to 

certain insurance industry comments 

made during the rulemaking. HUD is 

reviewing the final rule and supplement 

to determine what changes, if any, are 

appropriate following the Supreme 

Court’s 2015 ruling in Texas 

Department of Housing and Community 

Affairs v. Inclusive Communities 

Project, Inc., which held that disparate 

impact claims were cognizable under 

the Fair Housing Act and discussed 

standards for, and the constitutional 

limitations on, such claims. As HUD 

conducts its review, it is soliciting 

public comment on the disparate impact 

standard set forth in the final rule and 

supplement, the burden-shifting 

approach, the relevant definitions, the 

causation standard, and whether 

changes to these or other provisions of 

the rule would be appropriate. HUD is 

also issuing this ANPR in response to 

public comments submitted on its May 

15, 2017, Federal Register document 

seeking input on ineffective regulations 

and an October 26, 2017, 

recommendation from the Department 

of the Treasury. 

DATES: Comment Due Date: August 20, 

2018. 

ADDRESSES: Interested persons are 

invited to submit comments to the 

Office of the General Counsel, Rules 

Docket Clerk, Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room 10276, Washington, 

DC 20410–0001. Communications 

should refer to the above docket number 

and title and should contain the 

information specified in the ‘‘Request 

for Comments’’ section. There are two 

methods for submitting public 

comments. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street SW, Room 10276, 

Washington, DC 20410–0500. Due to 

security measures at all federal agencies, 

however, submission of comments by 

mail often results in delayed delivery. 

To ensure timely receipt of comments, 

HUD recommends that comments 

submitted by mail be submitted at least 

two weeks in advance of the public 

comment deadline. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

http://www.regulations.gov. HUD 

strongly encourages commenters to 

submit comments electronically. 

Electronic submission of comments 

allows the commenter maximum time to 

prepare and submit a comment, ensures 

timely receipt by HUD, and enables 

HUD to make comments immediately 

available to the public. Comments 

submitted electronically through the 

http://www.regulations.gov website can 

be viewed by other commenters and 

interested members of the public. 

Commenters should follow instructions 

provided on that site to submit 

comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 28561 

1 42 U.S.C. 3601–3619, 3631. 

2 78 FR 11460. 

3See 24 CFR 100.5(b), 100.70(d)(5), 100.120(b), 

100.130(b), and 100.500. 

4See 24 CFR 100.500(c). 

5See ‘‘Application of the Fair Housing Act’s 

Discriminatory Effects Standard to Insurance,’’ 81 

FR 69012 (Oct. 5, 2016). 6 135 S. Ct. 2507 (2015). 

7 82 FR 22344. 

8See U.S. Department of the Treasury Report: A 

Financial System That Creates Economic 

Opportunities, Asset Management and Insurance 

(Oct. 26, 2017), available at: https://

www.treasury.gov/press-center/press-releases/ 

Documents/A-Financial-System-That-CreatesEconomic-Opportunities-Asset_ManagementInsurance.pdf. 

above. Again, all submissions must refer to 

the docket number and title of the document. 

No Facsimile Comments. Facsimile 

(fax) comments are not acceptable. 

Public Inspection of Comments. All 

comments and communications 

submitted to HUD will be available for 

public inspection and copying between 

8 a.m. and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at (202) 708– 

3055 (this is not a toll-free number). 

Copies of all comments submitted are 

available for inspection and 

downloading at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Krista Mills, Deputy Assistant Secretary, 

Office of Policy, Legislative Initiatives, 

and Outreach, Office Fair Housing and 

Equal Opportunity, Department of 

Housing and Urban Development, 451 

7th Street SW, Room 5246, Washington, 

DC 20410; telephone number 202–402– 

6577. Individuals with hearing or 

speech impediments may access this 

number via TTY by calling the toll-free 

Federal Relay Service during working 

hours at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title VIII of the Civil Rights Act of 

1968, as amended (Fair Housing Act or 

Act),1 prohibits discrimination in the 

sale, rental, or financing of dwellings 

and in other housing-related activities 

on the basis of race, color, religion, sex, 

disability, familial status, or national 

origin. On February 15, 2013, HUD 

published a final rule, entitled 

‘‘Implementation of the Fair Housing 

Act’s Discriminatory Effects 

Standard.’’ 2 The final rule codified 

HUD’s interpretation that the Fair 

Housing Act creates liability for 

practices with an unjustified 

discriminatory effect, even if those 

practices were not motivated by 

discriminatory intent.3 Relying in part 

on case law under the Fair Housing Act 

and Title VII of the Civil Rights Act of 

1964 (prohibiting employment 

discrimination), HUD’s Disparate 

Impact Rule established a burdenshifting framework for analyzing claims 

of disparate impact under the Fair 

Housing Act.4 In 2016, HUD published 

a supplement to its responses to certain 

insurance industry comments made 

during the rulemaking.5 This ANPR 

uses the term ‘‘Disparate Impact Rule’’ 

to refer collectively to the 2013 final 

rule and 2016 supplement. 

In 2015, in Texas Department of 

Housing and Community Affairs v. 

Inclusive Communities Project, Inc.,6

(Inclusive Communities), the Supreme 

Court held that disparate impact claims 

are cognizable under the Fair Housing 

Act. The Court’s opinion referenced 

HUD’s Disparate Impact Rule, but the 

Court did not extensively review the 

rule or rely on it for its holding. Rather, 

the Court undertook its own analysis of 

the Fair Housing Act and discussed the 

standards for, and constitutional 

limitations on, disparate impact claims. 

The Supreme Court’s ruling in Inclusive 

Communities recognized the availability 

of disparate impact claims under the 

Fair Housing Act independent of HUD’s 

Disparate Impact Rule. HUD is 

reviewing the Disparate Impact Rule to 

determine what changes, if any, may be 

necessary in light of the Inclusive 

Communities decision. As it conducts 

this review, HUD welcomes public 

comment on other amendments to the 

Disparate Impact Rule that may be 

necessary or helpful. 

The request for comments contained 

in this ANPR is also consistent with 

HUD’s efforts to carry out the 

Administration’s regulatory reform 

efforts. On May 15, 2017, HUD 

published a Federal Register document 

pursuant to Executive Orders 13771, 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ and 13777, 

‘‘Enforcing the Regulatory Reform 

Agenda,’’ inviting public comments to 

assist HUD in identifying existing 

regulations that may be outdated, 

ineffective, or excessively burdensome.7

In response, HUD received numerous 

comments asserting that the Disparate 

Impact Rule created uncertainty for 

commercial decisionmaking, as well as 

public policymaking, and that the rule 

is inconsistent with Inclusive 

Communities. On the other hand, HUD 

also received comments in support of 

the Disparate Impact Rule, asserting that 

it was cited in Inclusive Communities 

and is consistent with that decision. 

Additionally, in October 2017, the 

Secretary of the Treasury issued a report 

that explicitly recommended that HUD 

reconsider applications of the Disparate 

Impact Rule, especially in the context of 

the insurance industry.8

In light of Inclusive Communities, 

public comments submitted in response 

to HUD’s May 15, 2017, Federal 

Register document, and the 

recommendation from the Department 

of the Treasury, HUD is seeking public 

comment on whether the Disparate 

Impact Rule should be revised for any 

considerations of law or policy raised in 

those fora or that are otherwise 

appropriate. 

II. This Advance Notice of Proposed 

Rulemaking 

HUD seeks public comment on 

appropriate changes, if any, to the 

Disparate Impact Rule. While the 

following list is not exhaustive, HUD is 

particularly interested in comments on 

the following questions: 

1. Does the Disparate Impact Rule’s 

burden of proof standard for each of the 

three steps of its burden-shifting 

framework clearly assign burdens of 

production and burdens of persuasion, 

and are such burdens appropriately 

assigned? 

2. Are the second and third steps of 

the Disparate Impact Rule’s burdenshifting framework sufficient to ensure 

that only challenged practices that are 

artificial, arbitrary, and unnecessary 

barriers result in disparate impact 

liability? 

3. Does the Disparate Impacts Rule’s 

definition of ‘‘discriminatory effect’’ in 

24 CFR 100.500(a) in conjunction with 

the burden of proof for stating a prima 

facie case in 24 CFR 100.500(c) strike 

the proper balance in encouraging legal 

action for legitimate disparate impact 

cases while avoiding unmeritorious 

claims? 

4. Should the Disparate Impact Rule 

be amended to clarify the causality 

standard for stating a prima facie case 

under Inclusive Communities and other 

Supreme Court rulings? 

5. Should the Disparate Impact Rule 

provide defenses or safe harbors to 

claims of disparate impact liability 

(such as, for example, when another 

federal statute substantially limits a 

defendant’s discretion or another federal 

statute requires adherence to state 

statutes)? 

6. Are there revisions to the Disparate 

Impact Rule that could add to the 

clarity, reduce uncertainty, decrease 

regulatory burden, or otherwise assist 

the regulated entities and other 

members of the public in determining 

what is lawful? 


sradovich on DSK3GMQ082PROD with PROPOSALS
28562 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 

II. Findings and Certifications 

Environmental Impact 

This ANPR is exclusively concerned 

with nondiscrimination standards. 

Accordingly, under 24 CFR 50.19(c)(3), 

it is categorically excluded from 

environmental review under the 

National Environmental Policy Act (42 

U.S.C. 4321–4347). 

Regulatory Review—Executive Orders 

12866 and 13563 

Executive Order 12866 (Regulatory 

Planning and Review), a determination 

must be made whether a regulatory 

action is significant and therefore, 

subject to review by the Office of 

Management and Budget (OMB) in 

accordance with the requirements of the 

order. Executive Order 13563 

(Improving Regulations and Regulatory 

Review) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned. Executive 

Order 13563 also directs that, where 

relevant, feasible, and consistent with 

regulatory objectives, and to the extent 

permitted by law, agencies are to 

identify and consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. This ANPR was 

reviewed by OMB and determined to 

likely result in a ‘‘significant regulatory 

action,’’ as defined in section 3(f) of 

Executive Order 12866. 

Dated: June 18, 2018. 

Anna Maria Farı ́as, 

Assistant Secretary for Fair Housing and 

Equal Opportunity. 

[FR Doc. 2018–13340 Filed 6–18–18; 4:15 pm] 

BILLING CODE 4210–67–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket ID–OSHA–2007–0066] 

RIN 1218–AC96 

Cranes and Derricks in Construction: 

Operator Qualification 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of proposed rulemaking; 

extension of public comment period. 

SUMMARY: On May 21, 2018, OSHA 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Cranes and 

Derricks in Construction: Operator 

Qualification.’’ The period for 

submitting public comments is being 

extended by 15 days to allow parties 

affected by the rule additional time to 

review the proposed rule and collect 

information and data necessary for 

comment. 

DATES: Comments: The comment period 

for the proposed rule published in the 

Federal Register on May 21, 2018 (83 

FR 23534), is extended. Submit 

comments to the proposed rule, 

including comments to the information 

collection requirements (described 

under the section titled ‘‘Agency 

Determinations’’), hearing requests, and 

other information by July 5, 2018. All 

submissions must bear a postmark or 

provide other evidence of the date 

submitted. 

ADDRESSES: Submit comments, hearing 

requests, and other material, identified 

by Docket No. OSHA–2007–0066, using 

any of the following methods: 

Electronically: Submit comments and 

attachments, as well as hearing requests 

and other information, electronically at 

http://www.regulations.gov, the Federal 

e-Rulemaking Portal. This docket may 

include several Federal Register notices 

for active rulemakings; therefore it is 

necessary to select the correct notice, or 

its ID number, to submit comments for 

this rulemaking. After accessing the 

docket (OSHA–2007–0066), check the 

‘‘proposed rule’’ box in the column 

headed ‘‘Document Type,’’ find the 

document posted on the date of 

publication of this document, and click 

the ‘‘Submit a Comment’’ link. 

Additional instructions for submitting 

comments are available on the http://

www.regulations.gov homepage. 

Facsimile: OSHA allows facsimile 

transmission of comments that are ten 

pages or fewer in length (including 

attachments). Fax these documents to 

the OSHA Docket Office at (202) 693– 

1648. OSHA does not require 

submission of hard copies of these 

documents. For additional attachments 

that supplement comments submitted 

by facsimile (e.g., studies, journal 

articles), commenters must submit these 

attachments to the OSHA Docket Office, 

Technical Data Center, Room N–3653, 

OSHA, U.S. Department of Labor, 200 

Constitution Ave. NW, Washington, DC 

20210. These attachments must clearly 

identify the sender’s name, the date, 

subject, and the docket number (OSHA– 

2007–0066). 

Regular mail, express delivery, hand 

delivery, and messenger (courier) 

service: Submit comments and any 

additional material to the OSHA Docket 

Office, RIN No. 1218–AC86, Technical 

Data Center, Room N–3653, OSHA, U.S. 

Department of Labor, 200 Constitution 

Ave. NW, Washington, DC 20210; 

telephone: (202) 693–2350, TTY 

number: (877) 889–5627. Contact the 

OSHA Docket Office for information 

about security procedures concerning 

delivery of materials by express 

delivery, hand delivery, and messenger 

service. The Docket Office will accept 

deliveries (express delivery, hand 

delivery, messenger service) during the 

Docket Office’s normal business hours, 

10:00 a.m. to 3:00 p.m., ET. 

Information Collection Requirements: 

OSHA welcomes comments on the 

information collection requirements 

contained in this rule on the same basis 

as for any other aspect of the rule. 

Interested parties may also submit 

comments about the information 

collection requirements directly to the 

Office of Information and Regulatory 

Affairs, Attn: OMB Desk Officer for 

DOL–OSHA (RIN 1218–AC96), Office of 

Management and Budget, Room 10235, 

725 17th Street NW, Washington, DC 

20503, Fax: (202) 395–6881 (this is not 

a toll-free number), email: OIRA_

submission@omb.eop.gov. See 

Paperwork Reduction Act section of this 

preamble for particular areas of interest. 

Instructions: All submissions must 

include the agency’s name, the title of 

the rulemaking (Cranes and Derricks in 

Construction: Operator Qualification), 

and the docket number (OSHA–2007– 

0066). Absent copyright protections or 

other restrictions, OSHA will place 

comments and other material, including 

any personal information, in the public 

docket without revision, and the 

comments and other material will be 

available online at http://

www.regulations.gov. Therefore, 

commenters should not submit 

statements they do not want made 

available to the public, or submit 

comments that contain personal 

information (either about themselves or 

others) such as Social Security 

Numbers, birth dates, and medical data. 

Docket: To read or download 

comments or other material in the 

electronic docket, go to http://

www.regulations.gov or to the OSHA 

Docket Office at the above address. 

Some information submitted (e.g., 

copyrighted material) is not available 

publicly to read or download through 

this website. All submissions, including 

copyrighted material, are available for 

inspection at the OSHA Docket Office. 

Contact the OSHA Docket Office for 

assistance in locating docket 

submissions. 

FOR FURTHER INFORMATION CONTACT: 


sradovich on DSK3GMQ082PROD with PROPOSALS