Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules 74739 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1231 

RIN 2590–AA68 

Indemnification Payments; Correction 

and Extension of Comment Period 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Proposed rule; correction and 

extension of comment period. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) is correcting the 

regulatory text, and extending the 

comment period for, the proposed rule 

published in the Federal Register on 

September 20, 2016, regarding Golden 

Parachute and Indemnification 

Payments. FHFA is taking this action to 

correct and to extend the comment 

period to allow interested persons 

additional time to submit comments on 

the proposed rule. 

DATES: The comment period for the 

proposed rule published September 20, 

2016, at 81 FR 64357, is extended. 

Comments should be received on or 

before December 21, 2016. 

ADDRESSES: You may submit your 

comments, identified by Regulatory 

Information Number (RIN) 2590–AA68, 

by any of the following methods: 

• Agency Web site: www.fhfa.gov/ 

open-for-comment-or-input. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. If 

you submit your comment to the 

Federal eRulemaking Portal, please also 

send it by email to FHFA at 

RegComments@fhfa.gov to ensure 

timely receipt by the agency. Please 

include Comments/RIN 2590–AA68 in 

the subject line of the message. 

• Courier/Hand Delivery: The hand 

delivery address is: Alfred M. Pollard, 

General Counsel, Attention: Comments/ 

RIN 2590–AA68, Federal Housing 

Finance Agency, 400 Seventh Street 

SW., Eighth Floor, Washington, DC 

20219. Deliver the package to the 

Seventh Street entrance Guard Desk, 

First Floor, on business days between 9 

a.m. to 5 p.m. 

• U.S. Mail, United Parcel Service, 

Federal Express or Other Mail Service: 

The mailing address for comments is: 

Alfred M. Pollard, General Counsel, 

Attention: Comments/RIN 2590–AA68, 

Federal Housing Finance Agency, 400 

Seventh Street SW., Eighth Floor, 

Washington, DC 20219. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Laponsky, Deputy General 

Counsel, Mark.Laponsky@fhfa.gov, (202) 

649–3054 (not a toll-free number), 

Federal Housing Finance Center, 

Constitution Center, Eighth Floor, 400 

Seventh Street SW., Washington, DC 

20219. The telephone number for the 

Telecommunications Device for the 

Hearing Impaired is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Comments 

FHFA invites comments on all aspects 

of the 2016 proposed rulemaking and 

will take all comments into 

consideration before issuing the final 

rule. Copies of all comments will be 

posted without change, including any 

personal information you provide, such 

as your name, address, email address, 

and telephone number, on the FHFA 

Web site at http://www.fhfa.gov. In 

addition, copies of all comments 

received will be available for 

examination by the public on business 

days between the hours of 10 a.m. and 

3 p.m., at the Federal Housing Finance 

Agency, Constitution Center, Eighth 

Floor, 400 Seventh Street SW., 

Washington, DC 20219. To make an 

appointment to inspect comments, 

please call the Office of General Counsel 

at (202) 649–3804. 

Background 

In the Federal Register on September 

20, 2016 (81 FR 64357), FHFA 

published a proposed rule with a 60-day 

comment period to request comments 

on the proposal that would establish 

standards for identifying whether an 

indemnification payment by the Federal 

National Mortgage Association, the 

Federal Home Loan Mortgage 

Corporation, any of the Federal Home 

Loan Banks, or the Federal Home Loan 

Bank System’s Office of Finance to an 

entity-affiliated party in connection 

with an administrative proceeding or 

civil action instituted by FHFA is 

prohibited or permissible. The proposed 

rule published an inadvertent clerical 

error in § 1231.4. FHFA is correcting 

that error, to clarify, just as the proposed 

rule did (see fn 7 in the Supplementary 

Information Section, explaining FHFA’s 

rationale), that September 20, 2016, the 

date of that proposed rulemaking’s 

publication, is the grandfathering date 

for individualized indemnification 

agreements, and is extending the 

comment period in order that the public 

may have a full 60 days to comment 

following this correction. 

Correction 

In proposed rule FR Doc. 2016–22483, 

on page 64360, in the issue of 

September 20, 2016, in the right 

column, in paragraph (b)(3) of § 1231.4, 

should correctly read: ‘‘Amounts due 

under an indemnification agreement 

entered into with a named entityaffiliated party on or prior to September 

20, 2016.’’ 

Extension of Comment Period 

The proposed rule requested that the 

public submit comments by November, 

21, 2016. FHFA hereby extends the 

deadline for submitting comments by an 

additional 30 days, to December 21, 

2016. 

Dated: October 21, 2016. 

Melvin L. Watt, 

Director, Federal Housing Finance Agency. 

[FR Doc. 2016–26028 Filed 10–26–16; 8:45 am] 

BILLING CODE 8070–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0222; FRL–9954–02– 

Region 6] 

Approval and Promulgation of State 

Implementation Plans; Texas; Control 

of Air Emissions From Visible 

Emissions and Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Texas State 

Implementation Plan (SIP) submitted by 

the State of Texas that pertain to 

particulate matter standards and 

outdoor burning regulations. The State 

submitted the SIP revisions in the years 

1989, 2004, 2006, and 2014. This 

rulemaking action is being taken under 

section 110 of the Federal Clean Air Act 

(CAA). The EPA has determined that the 

SIP revisions are approvable and meet 

the requirements established in section 

110 of the CAA. 

DATES: Written comments must be 

received on or before November 28, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2014–0222, at http://

www.regulations.gov or via email to 

pitre.randy@epa.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 


sradovich on DSK3GMQ082PROD with PROPOSALS
74740 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules 

1See 62 FR 38652, July 18, 1997 and 71 FR 

61144, October 17, 2006. 

2Sharps are defined as needles, scalpels, or other 

articles that could cause wounds or punctures to 

personnel handling them. See http://medicaldictionary.thefreedictionary.com/sharps. 

3See TOC Section 801.361 at http://

www.statutes.legis.state.tx.us/Docs/OC/htm/ 

OC.801.htm#801.361. 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Randy Pitre, (214) 665–7299, 

pitre.randy@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Randy Pitre, (214) 665–7299, 

pitre.randy@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Mr. Pitre or Mr. Bill 

Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the EPA’s National 

Ambient Air Quality Standards 

(NAAQS). These NAAQS are 

established under section 109 of the 

CAA and they currently address six 

criteria pollutants: Carbon monoxide, 

nitrogen dioxide, ozone, lead, 

particulate matter, and sulfur dioxide. 

The state’s air regulations are contained 

in its SIP, which is basically a clean air 

plan. Each state is responsible for 

developing SIPs to demonstrate how the 

NAAQS will be achieved, maintained, 

and enforced. The SIP must be 

submitted to EPA for approval and any 

changes a state makes to the approved 

SIP also must be submitted to the EPA 

for approval. 

II. The EPA’s Evaluation 

As detailed in the Technical Support 

Document (TSD) accompanying this 

action, the Texas Commission on 

Environmental Quality (TCEQ or ‘‘the 

State’’) submitted revisions to 30 Texas 

Administrative Code (TAC) Chapter 

111, Subchapters 203, 209 and 211. The 

TCEQ also asked that we remove from 

the SIP a prior version of the now 

repealed rule (30 TAC Section 111.155) 

that we previously approved into the 

SIP as Rule 105.2, titled ‘‘Ground Level 

Concentrations’’ that limit ground level 

concentrations of particulate matter 

emissions in Texas. See 27 FR 10842 

(May 31, 1972). 

In the August 21, 1989 SIP submittal, 

the TCEQ repealed Rule 105.2 and 

adopted the newly renumbered 30 TAC 

Section 111.155 to replace it. In an 

October 28, 1999 (64 FR 57983) direct 

final rulemaking action, we proposed to 

approve the newly renumbered Section 

111.155 into the Texas SIP. However, 

we received an adverse comment on 

inclusion of Section 111.155 (formerly 

105.2) into the SIP. We therefore 

withdrew that October 28, 1999 action. 

See 64 FR 70592 (December 17, 1999). 

In our final action to that rulemaking, 

we stated that we were no longer taking 

action to approve Section 111.155 into 

the SIP. See 80 FR 19145 (April 28, 

2009). Subsequently, the TCEQ adopted 

the repeal of Section 111.155 from their 

State rules. In the State’s June 9, 2006 

SIP submittal, the TCEQ asked EPA to 

remove from consideration a currently 

pending SIP request (the August 21, 

1989, SIP submittal) to include 30 TAC 

Section 111.155 into the SIP. It also 

asked us to remove the former 105.2 

rule from the SIP. Our analysis, 

available in our TSD in the rulemaking 

docket, finds that removal of Rule 105.2 

(subsequently renumbered by the State 

as 111.155) is approvable. In 1971, EPA 

promulgated primary and secondary 

NAAQS for particulate matter (PM), 

measured as ‘‘total suspended 

particulate matter’’ or ‘‘TSP.’’ On July 1, 

1987, (52 FR 24634) following the initial 

review of the standard, EPA announced 

its decision to replace TSP as the 

indicator for PM for ambient standards 

with particles with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10). The NAAQS for 

PM have been revised three times since 

1987, the most recent of which was on 

December 14, 2012, when we revised 

the primary annual PM2.5 standard to 

12.0 mg/m 3 and we retained the 24-hour 

PM2.5 standard of 35 mg/m 3 (78 FR 

3086).1 Rather than revising the SIP 

each time the NAAQS are revised, the 

Texas SIP at 30 TAC Section 101.21 

provides enforcement of the NAAQS 

throughout Texas (see 42 FR 27894, 

June 1, 1977). Thus, removing 30 TAC 

Section 111.155 from the SIP would not 

result in any weakening of the SIP. 

The State’s November 15, 2004 SIP 

submittal requests that EPA approve an 

amendment to 30 TAC Section 111.209, 

Exception for Disposal Fires, which 

allows the disposal of animal remains 

by veterinarians. Specifically, the 

November 15, 2004, SIP submittal 

revises 30 TAC Section 111.209(3) to 

authorize the use of outdoor burning of 

animal remains for veterinarians in 

accordance with Texas Occupations 

Code (TOC), Section 801.361, Disposal 

of Animal Remains. This revision to the 

State’s rules was necessary for TCEQ 

rules to be consistent with State law and 

to more precisely define when and 

where such animal remains could be 

burned by referencing the current state 

code of practice for veterinarians. The 

TOC, Section 801.361 addresses what 

can be burned (i.e., animal remains and 

the associated medical waste, but not 

sharps 2 and the circumstances of the 

specific veterinarian-client-patient 

case.3 Such burning is also subject to 30 

TAC 111.219, General Requirements for 

Allowable Outdoor Burning, which 

addresses wind speeds, atmospheric 

temperature inversions, and other 

conditions, in an effort to protect, rather 

than adversely impact, air quality. We 

commented at the time of the State’s 

public comment period that we had no 

objections to these revisions. We 

continue to believe that under section 

110(l) of the CAA, such revisions will 

not interfere with attainment of the 

NAAQS, Reasonable Further Progress or 

any other applicable requirement of the 

CAA. Therefore, this revision is 

approvable. 

The July 18, 2006, SIP submittal 

revises 30 TAC Section 111.203 to 

prohibit the burning of household refuse 

in a limited demographic area on lots of 

less than five acres, making it a Class C 

misdemeanor under Texas law if 

someone knowingly or intentionally 

burns in such an area. 30 TAC Section 

111.209 was amended to make a 

distinction between allowable burning 

in areas of attainment and 

nonattainment, and to incorporate all 

currently SIP-approved controls at 30 

TAC Section 111.219. Additional 

amended regulations were included in 

the July 18, 2006, SIP submittal which 

included regulations to require signs at 

designated specific residential 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules 74741 

properties for consolidated burning at 

the designated site, records to include 

the site description of a platted 

subdivision, to ensure that all waste was 

generated at specific residential 

properties for which the site is 

designated, and ensure that all burning 

at the designated site is directly 

supervised by an employee of a fire 

department who is part of the fire 

protection personnel, as defined by 

Texas Government Code, Section 

419.021, and is acting in the scope of 

the person’s employment, where the fire 

department employee shall notify the 

appropriate TCEQ regional office with a 

telephone or electronic facsimile notice 

24 hours in advance of any scheduled 

supervised burn, and other advisory 

requirements including that TCEQ 

approval is not required. 

The March 3, 2014 SIP submittal 

revises 30 TAC Section 111.211 to allow 

prescribed burns for the purpose of 

wildfire hazard mitigation. The 

submitted revision allows prescribed 

burning in other areas, such as where 

rural areas interface with urban areas, 

for the purpose of wildfire hazard 

mitigation in order to reduce the 

incidence, intensity, and spread of 

wildfires. The EPA submitted comments 

to the TCEQ during the State’s public 

comment period. The State responded 

to our comments and those were 

included as part of the SIP submittal. 

We have reviewed the State’s evaluation 

of our comments and agree that the 

revision is not allowing an additional 

activity with the addition of wildfire 

hazard mitigation, since the TCEQ 

already has the ability to allow 

prescribed burns for wildfire hazard 

mitigation purposes on a case by case 

basis. The purpose of the revision is to 

better facilitate the process of allowing 

prescribed burns for wildfire hazard 

mitigation and thereby reduce the 

chance of emissions of pollutants that 

could be emitted in an uncontrolled 

wildfire. Our analysis, available in our 

TSD in the rulemaking docket, finds 

that the revisions to 30 TAC Section 

111.211 are not significant, are 

approvable and would not interfere with 

attainment of the NAAQS or prevent 

any reasonable further progress in 

obtaining the NAAQS or any other 

applicable requirement of the CAA. 

III. Proposed Action 

We are proposing to approve the 

Texas SIP revisions dated from 1989, 

2004, 2006 and 2014. Specifically, we 

are proposing to approve the August 21, 

1989 and the June 9, 2006 submittals 

that repealed the Rule 105.2 

(subsequently renumbered 30 TAC 

Section 111.155). We are proposing to 

approve the November 15, 2004, 

submittal that revises 30 TAC Section 

111.209. We are proposing to approve 

the July 18, 2006, submittal that adopted 

amendments to 30 TAC Section 111.203 

and 30 TAC Section 111.209 that revises 

30 TAC Subchapter B ‘‘Emissions 

Limits.’’ We are also proposing to 

approve the March 3, 2014, submittal 

that adopted amendments to 30 TAC 

Section 111.211 with revisions to 

Subchapter B. 

IV. Incorporation by Reference 

In this action, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

revisions to the Texas regulations as 

described in the Proposed Action 

section above. We have made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 6 office. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 21, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–25983 Filed 10–26–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0067; FRL–9954–56– 

Region 10] 

Partial Approval and Partial 

Disapproval of Attainment Plan for the 

Idaho Portion of the Logan, Utah/Idaho 

PM2.5 Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Franklin County, Idaho is a 

rural and sparsely populated county 

adjacent to Cache County, Utah. In 

2009, the Environmental Protection 

Agency (EPA) designated Cache County, 

along with Franklin County, as part of 

the multi-state Logan, Utah-Idaho fine 


sradovich on DSK3GMQ082PROD with PROPOSALS