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

were discussed, based upon the relative 

value of various activities to the 

pistachio industry. The Committee 

ultimately determined that the 2017–18 

production year expenses of $672,900 

were prudent, and the assessment 

income provided by the reduced rate, 

interest income, CPRB management 

income, and funds from the financial 

reserve, would permit the Committee to 

meet its expenses, while not adding to 

the financial reserve. 

According to data from NASS, the 

season average producer price was $3.29 

per pound of assessed weight pistachios 

in 2015 and $1.68 per pound in 2016. 

A review of historical and preliminary 

information pertaining to the upcoming 

production year indicates that the 

producer revenue for the 2017–18 

production year could range between 

$924,000,000 and $1,809,500,000. 

Therefore, the estimated assessment 

revenue for the 2017–18 production 

year as a percentage of total producer 

revenue could range between 0.00003 

and 0.00006 percent. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. Additionally, 

the Committee’s meetings were widely 

publicized throughout the California, 

Arizona, and New Mexico pistachio 

industry, and all interested persons 

were invited to attend the meetings and 

encouraged to participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the July 10, 2017, 

and August 1, 2017, meetings were 

public meetings and all entities, both 

large and small, were able to express 

views on this issue. Finally, interested 

persons are invited to submit comments 

on this interim rule, including the 

regulatory and informational impacts of 

this action on small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0215, 

‘‘Vegetable and Specialty Crop 

Marketing Orders.’’ No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California, 

Arizona, and New Mexico pistachio 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

rules-regulations/moa/small-businesses. 

Any questions about the compliance 

guide should be sent to Richard Lower 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because handlers are aware of this rule, 

which was recommended at a public 

meeting. This interim rule provides for 

a 60-day comment period, and all 

comments timely received will be 

considered prior to finalization of this 

rule. The decreased assessment rate is 

necessary to fund reasonable and 

necessary expenses of the program, 

while keeping the funds in the reserve 

within the maximum limit permitted by 

the order. Moreover, the decreased 

assessment rate reduces the economic 

burden on handlers. 

List of Subjects in 7 CFR Part 983 

Marketing agreements, Pistachios, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 983 is amended as 

follows: 

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA, ARIZONA, AND NEW 

MEXICO 

■ 1. The authority citation for 7 CFR 

part 983 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§§ 983.1 through 983.92 [Designated as 

Subpart A] 

■ 2. Designate §§ 983.1 through 983.92 

as subpart A and add a heading for 

subpart A to read as follows: 

Subpart A—Order Regulating Handling 

[Subpart Redesignated as Subpart B 

and Amended] 

■ 3. Redesignate ‘‘Subpart—Rules and 

Regulations’’ as subpart B and revise the 

heading to read as follows: 

Subpart B—Administrative 

Requirements 

[Subpart Redesignated as Subpart C] 

■ 4. Redesignate ‘‘Subpart—Assessment 

Rate’’ as subpart C. 

■ 5. Section 983.253 is revised to read 

as follows: 

§ 983.253 Assessment rate. 

On and after September 1, 2017, an 

assessment rate of $0.0001 per pound is 

established for California, Arizona, and 

New Mexico pistachios. 

Dated: October 16, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–22711 Filed 10–23–17; 8:45 am] 

BILLING CODE 3410–02–P 

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 


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

1 12 U.S.C. 3352. 

2 42 U.S.C. 5170. 

3Press Release, The White House (August 25, 

2017), available at https://www.whitehouse.gov/thepress-office/2017/08/25/president-donald-j-trumpapproves-texas-disaster-declaration. 

4Press Release, The White House (September 7, 

2017), available at https://www.whitehouse.gov/thepress-office/2017/09/07/president-donald-j-trumpapproves-us-virgin-islands-disaster-declaration. 

5Press Release, The White House (September 10, 

2017), available at https://www.whitehouse.gov/thepress-office/2017/09/10/president-donald-j-trumpapproves-florida-disaster-declaration. 

6Press Release, The White House (September 10, 

2017), available at https://www.whitehouse.gov/thepress-office/2017/09/10/president-donald-j-trumpapproves-puerto-rico-disaster-declaration. 

7Press Release, The White House (September 15, 

2017), available at https://www.whitehouse.gov/thepress-office/2017/09/15/president-donald-j-trumpapproves-georgia-disaster-declaration. 

8Press Release, The White House (September 21, 

2017), available at https://www.whitehouse.gov/thepress-office/2017/09/21/president-donald-j-trumpapproves-puerto-rico-disaster-declaration. 

9Press Release, The White House (September 21, 

2017), available at https://www.whitehouse.gov/thepress-office/2017/09/21/president-donald-j-trumpapproves-us-virgin-islands-disaster-declaration. 

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). 

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. 

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 estaterelated 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. 

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

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 estaterelated financial transactions in areas 

declared a major disaster is consistent 

with the provisions of DIDRA. 

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

11 12 U.S.C. 3352(b). 

12See https://www.fema.gov/disaster/4332. 

13See https://www.fema.gov/disaster/4335. 

14See https://www.fema.gov/disaster/4337. 

15See https://www.fema.gov/disaster/4336. 

16See https://www.fema.gov/disaster/4338. 

17See https://www.fema.gov/disaster/4339. 

18See https://www.fema.gov/disaster/4340. 

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. 

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

b. The two islands in the U.S. Virgin 

Islands under the declaration of 

September 7, 2017; 13

c. The 48 counties in Florida under 

the declaration of September 10, 2017 

(as amended); 14

d. The four municipalities in Puerto 

Rico under the declaration of September 

10, 2017; 15

e. The three counties in Georgia under 

the declaration of September 15, 

2017; 16

f. The 54 municipalities in Puerto 

Rico under the declaration of September 

20, 2017; 17 and 

g. The island in the U.S. Virgin 

Islands under the declaration of 

September 21, 2017.18

(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, 

Bayamo ́n, Caguas, Cano ́vanas, Carolina, 

Catan ̃ o, Cayey, Ceiba, Ciales, Cidra, Coamo, 

Comerio, Corozal, Culebra, Dorado, Fajardo, 

Florida, Guayama, Guaynabo, Gurabo, 

Humacao, Jayuya, Juana Dı ́az, Juncos, Las 

Piedras, Loı ́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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–6429; Product 

Identifier 2015–NM–117–AD; Amendment 

39–19083; AD 2017–22–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2015–05– 

02, which applied to all Airbus Model 


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