Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Proposed Rules 16797

connection with such incentive or regulations that make a more holistic By the National Credit Union bonus and monitors compliance with evaluation of individual compensation Administration Board on April 18, 2019. such policies and controls at least plans and the incentives they provide? Gerard Poliquin, annually; and Is a bright line test even possible in this Secretary of the Board. (D) Receipt of compensation from a highly fact determinative area? If so, [FR Doc. 2019–08166 Filed 4–22–19; 8:45 am] person outside a federal credit union by where is that line? BILLING CODE 7535–01–P a volunteer official or non-senior- • management employee of the credit Are current credit union union, or an immediate family member compensation plans similar to, and competitive with, those provided at CONSUMER PRODUCT SAFETY of a volunteer official or employee of the COMMISSION credit union, for a service or activity other financial institutions? If not, how do they differ and what, if anything, in performed outside the credit union, 16 CFR Part 1610 provided that no referral has been made the NCUA’s regulations contributes to by the credit union or the official, those differences? [Docket No. CPSC–2019–0008] employee, or family member. • What limitations, if any, are In the past, credit unions have been Request for Information About necessary to prevent individuals from Possible Exemptions From Testing confused about how to interpret the being incentivized to take inappropriate term ‘‘overall financial performance’’ in and Other Changes to the Standard for risks that endanger their credit unions? the Flammability of Clothing § 701.21(c)(8)(iii)(B). As noted, What authorities do credit unions need § 701.21(c)(8) generally prohibits most to enable them to compete for talented AGENCY: U.S. Consumer Product Safety credit union employees and officials executives? Commission. from receiving compensation made ‘‘in • ACTION: Request for information. connection with any loan’’ a credit To what extent should the NCUA permit loan metrics, such as loan union makes, but provides exceptions, SUMMARY: The U.S. Consumer Product including one that permits incentive volume, to be a part of compensation Safety Commission (CPSC) requests compensation to employees based on plans? How would those metrics be information about possible changes to the credit union’s overall financial incorporated into the overall plan? the Commission’s Standard for the performance. Credit unions have • Should the NCUA provide Flammability of Clothing Textiles to expressed uncertainly about whether additional requirements for expand the list of fabrics that are the NCUA permits loan metrics such as compensation related to a line of exempt from testing under the standard. aggregate loan growth to be a factor in business that is new for the credit union CPSC is particularly interested in assessing overall financial performance. or one in which the credit union lacks receiving information about the They also have asserted that the substantial experience or expertise? possibility of adding to the list regulation is subject to varying of fabrics that are exempt from the interpretations and levels of III. Legal Authority testing requirements. CPSC also would enforcement across the NCUA’s regions. The Board has issued this ANPR like information about the equipment Given the degree of confusion and pursuant to its authority under the and procedures specified in the uncertainty this regulation has caused, Federal Credit Union Act (FCU Act). standard and possible ways to update the Board seeks comment as to how the Under the FCU Act, the NCUA is the those provisions to reduce the burdens NCUA should modernize its regulations chartering and supervisory authority for associated with the testing generally governing the compensation of requirements. credit union officials and employees in federal credit unions and the federal DATES: CPSC will accept written connection with loans made by credit supervisory authority for federally 6 comments through June 24, 2019. unions and specifically with respect to insured credit unions (FICUs). The defining ‘‘overall financial FCU Act grants NCUA a broad mandate ADDRESSES: You may submit written performance.’’ In addition, the Board to issue regulations governing both comments, identified by Docket No. specifically requests feedback federal credit unions and all FICUs. CPSC–2019–20008, using the methods addressing the following: Section 120 of the FCU Act is a general described below. CPSC encourages you • Is there a single industry standard grant of regulatory authority and to submit comments electronically, or methodology for developing authorizes the Board to prescribe rules rather than in hard copy. executive compensation plans? Are and regulations for the administration of Electronic Submissions: Submit there multiple standards or the FCU Act.7 Section 207 of the FCU electronic comments to the Federal methodologies for credit unions of Act is a specific grant of authority over eRulemaking Portal at: different asset sizes? share insurance coverage, www.regulations.gov. Follow the • Are the terms and conditions of conservatorships, and liquidations.8 instructions for submitting comments executive compensation plans Section 209 of the FCU Act is a plenary provided on the website. To ensure developed by credit unions themselves grant of regulatory authority to issue timely processing of comments, please or are the plans crafted by third-party rules and regulations necessary or submit all electronic comments through vendors? appropriate to carry out its role as share www.regulations.gov, rather than by • What do these plans look like? Are insurer for all FICUs.9 Accordingly, the email to CPSC. there specific formulas employed to FCU Act grants the Board broad Written Submissions: Submit written determine terms and conditions? If so, rulemaking authority to ensure that the comments by mail, hand delivery, or what are the formulas? credit union industry and the NCUSIF courier to: Division of the Secretariat, • Is the current structure of remain safe and sound. U.S. Consumer Product Safety § 701.21(c)(8), namely a broad Commission, Room 820, 4330 East-West prohibition with specific exceptions, the 6 12 U.S.C. 1752–1775. Highway, Bethesda, MD 20814; best format for regulating this area? 7 12 U.S.C. 1766(a). telephone (301) 504–7923. • Do commenters prefer a bright line 8 12 U.S.C. 1787. Instructions: All submissions must test for permissible compensation to 9 12 U.S.C. 1789. include the agency name and docket

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number for this notice. CPSC may post requirements, establish three classes of 1610.1(d)(2) weighing less than 2.6 all comments, without change, flammability, set out the criteria for ounces per square yard, and including any personal identifiers, classifying textiles, and prohibit the use (2) raised surface fabrics, regardless of contact information, or other personal of textiles that exhibit rapid and intense weight, that contain spandex with one information provided, to: http:// burning. The purpose of these or a combination of the exempted www.regulations.gov. Do not submit regulations is to reduce the risk of injury listed in 16 CFR 1610.1(d)(2). confidential business information, trade or death by prohibiting the use of 2. Burden and Cost Associated With secret information, or other sensitive or dangerously flammable clothing textiles. Testing Spandex protected information that you do not 16 CFR 1610.1(a). want to be available to the public. If The regulations exempt certain fabrics Please provide information about the furnished at all, such information from the testing requirements because general test burden and costs associated should be submitted by mail, hand ‘‘experience gained from years of testing with testing fabric containing spandex delivery, or courier. in accordance with the Standard fibers. The following specific Docket: For access to the docket to demonstrates that certain fabrics information would be helpful: read background documents or consistently yield acceptable results • How much testing is required for comments, go to: www.regulations.gov, when tested in accordance with the fabrics containing spandex subject to 16 and insert the docket number, CPSC– Standard.’’ 16 CFR 1610.1(d). Currently, CFR part 1610? 2019–20008, into the ‘‘Search’’ box, and the following fabrics are exempt from • What are the costs associated with follow the prompts. the testing requirements: the required testing? • FOR FURTHER INFORMATION CONTACT: (1) Plain surface fabrics, regardless of What types of fabrics and garments Allyson Tenney, Director, Division of content, weighing 2.6 ounces per require testing? Engineering, Directorate for Laboratory square yard or more, and B. Additional Possible Changes to the (2) All fabrics, both plain surface and Sciences, U.S. Consumer Product Safety Standard: Commission, 5 Research Place, raised-fiber surface textiles, regardless Rockville, MD 20850; telephone: (301) of weight, made entirely from any of the 1. Availability and Specifications of 987–2769; email: [email protected]. following fibers or entirely from Stop Thread SUPPLEMENTARY INFORMATION: combination of the following fibers: Section 1610.5 specifies the test Acrylic, modacrylic, , olefin, apparatus and materials that must be I. Background , . used for flammability testing. The On June 16, 2017, the Commission Id. flammability test apparatus must requested input from interested parties II. Request for Information include, among other things, a about ways to reduce the burdens and particular stop thread that is stretched CPSC is considering changes to the costs associated with existing from the spool through stop guides. The Standard for the Flammability of regulations, while still protecting stop thread must be ‘‘a spool of No. 50, Clothing Textiles to reduce the costs consumers from risks of death or white, mercerized, 100% sewing and burdens associated with these injuries associated with consumer thread.’’ 16 CFR 1610.5(a)(2)(ii). CPSC requirements. One specific possibility products. 82 FR 27636. The Commission staff is aware that this stop thread may that industry members have suggested is followed up on this burden reduction have limited availability or that the to add spandex to the list of fabrics in goal in its Fiscal Year 2019 Operating numbering specified in the standard 16 CFR 1610.1(d)(2) that are exempt Plan, directing CPSC staff to review may be outdated. Please provide from the testing requirements in the possibilities for reducing burdens, comments about the specifications of standard. In addition, possible updates including ‘‘expanding exemptions for the stop thread and thread availability. to the equipment and procedures flammability testing.’’ U.S. Consumer What procedures are used to confirm specified in the standard may reduce Product Safety Commission, Fiscal Year the thread meets the specifications? 2019 Operating Plan, p. 18 (Oct. 10, the burdens associated with the testing 2018), available at: https:// requirements. CPSC requests comments 2. Refurbishing (Dry-Cleaning and www.cpsc.gov/content/fiscal-year-2019- on the following specific topics: Laundering) operating-plan. Accordingly, this notice A. Possible Exemption of Spandex From Section 1610.6(b)(1)(i) specifies a dry requests information about expanding Testing Requirements: cleaning procedure as part of the the exemptions from flammability process of refurbishing plain and raised testing and other ways to reduce the 1. Data Regarding Spandex Test Results fabrics. As part of the dry burdens associated with the CPSC staff is aware of stakeholder cleaning procedure, the solvent Commission’s Standard for the interest in adding spandex fibers to the perchloroethylene is required in 16 CFR Flammability of Clothing Textiles. Specific Exemptions in 16 CFR 1610.6(b)(1)(i). Staff is aware of the The Flammable Fabrics Act (15 U.S.C. 1610.1(d). Please provide relevant limited availability of, and legal 1191–1204) authorizes the Commission information and data about spandex restrictions on the use of, to issue flammability standards, under fibers that would help CPSC determine perchloroethylene solvent. Please certain circumstances, when ‘‘needed to whether spandex ‘‘consistently yield[s] provide any comments on the testing protect the public against unreasonable acceptable results when tested in burden or cost of performing the dry risk of the occurrence of fire leading to accordance with the Standard.’’ CPSC is cleaning procedure with death or personal injury, or significant particularly interested in test data from perchloroethylene solvent. Please property damage.’’ 15 U.S.C. 1193(a). testing a range of fabric constructions, provide details, and potential Under this authority, the Commission fabric weights, and fiber blends. For alternatives, when possible. adopted a Standard for the Flammability example, it would be helpful to receive Section 1610.6(b)(1)(ii) requires of Clothing Textiles in 16 CFR part information about: samples to be washed and dried in 1610. The standard applies to clothing (1) Plain surface fabrics with spandex accordance with American Association and textiles intended to be used for blended with one or a combination of of Textile Chemists and Colorists clothing. The regulations provide testing the exempted fibers listed in 16 CFR (AATCC) Test Method 124–2006,

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Appearance of Fabrics After Repeated published in the Federal Register on South Carolina’s June 25, 2018, State Home Laundering. AATCC 124–2006 March 26, 2019. The proposed Implementation Plan (SIP) submission requires the use of an automatic washer regulations updated existing regulations pertaining to the ‘‘good neighbor’’ (Table III) and tumble dryer (Table IV) under section 301 to reflect statutory provision of the Clean Air Act (CAA or that meet certain conditions. Staff is changes made by the Technical and Act) for the 2010 1-hour sulfur dioxide aware of the limited availability of Miscellaneous Revenue Act of 1988. (SO2) National Ambient Air Quality automatic washing machines, and DATES: Written or electronic comments Standard (NAAQS). The good neighbor possibly dryers, capable of meeting the and requests for a public hearing are provision requires each state’s conditions in AATCC 124–2006. Please still being accepted and must be implementation plan to address the provide any comments on the testing received by June 24, 2019. interstate transport of air pollution in burden or cost of performing the FOR FURTHER INFORMATION CONTACT: amounts that contribute significantly to laundering procedure with the Concerning the proposed regulations, nonattainment, or interfere with automatic washing machine and tumble Grid R. Glyer, (202) 317–6847; maintenance, of a NAAQS in any other dryer specified in the standard. Please concerning submission of comments, state. In this action, EPA is proposing to provide details, and potential Regina Johnson, (202) 317–6901 (not determine that South Carolina’s SIP alternatives, when possible. toll-free numbers). contains adequate provisions to prohibit 3. Test Result Codes SUPPLEMENTARY INFORMATION: emissions within the State from contributing significantly to The standard lists reporting codes in Background nonattainment or interfering with 16 CFR 1610.8(b)(2) to describe the

burning behavior of raised surface The proposed regulations that are the maintenance of the 2010 1-hour SO2 fabrics. The reporting codes, which are subject of this correction are under NAAQS in any other state. sections 301, 356, 368, and 902 of the based on test results, indicate the proper DATES: Written comments must be Internal Revenue Code. classification for the textile. CPSC staff received on or before May 23, 2019. has received input that these codes may Need for Correction be confusing. Please provide any ADDRESSES: Submit your comments, As published, the notice of proposed identified by Docket ID No. EPA–R04– comments on the use or needed regulations (REG–121694–16) contains clarification of these codes. OAR–2018–0665 at http:// errors which may prove to be www.regulations.gov. Follow the online 4. Additional Burdens Associated With misleading and need to be clarified. instructions for submitting comments. 16 CFR Part 1610 Correction of Publication Once submitted, comments cannot be Please provide other input and edited or removed from Regulations.gov. Accordingly, the notice of proposed recommendations about opportunities EPA may publish any comment received rulemaking (REG–121694–16) that was to reduce the cost of testing to its public docket. Do not submit the subject of FR Doc. 2019–05649, requirements or other costs and burdens electronically any information you published at 84 FR 11263 (March 26, associated with 16 CFR part 1610. Also consider to be Confidential Business 2019), is corrected to read as follows: please identify test procedures that may Information (CBI) or other information need clarifications, and provide § 1.301–1 [Corrected] whose disclosure is restricted by statute. recommendations or alternatives that ■ On page 11266, first column, the sixth Multimedia submissions (audio, video, may reduce the burdens associated with and seventh lines of paragraph (f)(3)(ii), etc.) must be accompanied by a written these regulations, as well as details the language ‘‘similar to, the transaction comment. The written comment is about the costs of those alternatives. in Notice 99–59’’ is corrected to read considered the official comment and Alberta E. Mills, ‘‘similar to the transaction in, Notice should include discussion of all points you wish to make. EPA will generally Secretary, Consumer Product Safety 99–59’’. Commission. not consider comments or comment Martin V. Franks, [FR Doc. 2019–08140 Filed 4–22–19; 8:45 am] contents located outside of the primary Chief, Publications and Regulations Branch, submission (i.e., on the web, cloud, or BILLING CODE 6355–01–P Legal Processing Division, Associate Chief other file sharing system). For Counsel (Procedure and Administration). additional submission methods, the full [FR Doc. 2019–08113 Filed 4–22–19; 8:45 am] EPA public comment policy, DEPARTMENT OF THE TREASURY BILLING CODE 4830–01–P information about CBI or multimedia Internal Revenue Service submissions, and general guidance on making effective comments, please visit 26 CFR Part 1 ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ AGENCY commenting-epa-dockets. [REG–121694–16] 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: RIN 1545–BN80 [EPA–R04–OAR–2018–0665; FRL–9992–52– Michele Notarianni, Air Regulatory Updating Section 301 Regulations To Region 4] Management Section, Air Planning and Reflect Statutory Changes; Correction Implementation Branch, Air, Pesticides Air Plan Approval; SC; 2010 1-Hour and Toxics Management Division, U.S. AGENCY: Internal Revenue Service (IRS), SO2 NAAQS Transport Infrastructure Environmental Protection Agency, Treasury. Region 4, 61 Forsyth Street SW, Atlanta, ACTION: Correction to a notice of AGENCY: Environmental Protection Georgia 30303–8960. Ms. Notarianni can proposed rulemaking. Agency (EPA). be reached via phone number (404) ACTION: Proposed rule. 562–9031 or via electronic mail at SUMMARY: This document contains a [email protected]. correction to a notice of proposed SUMMARY: The Environmental Protection rulemaking (REG–121694–16) that was Agency (EPA) is proposing to approve SUPPLEMENTARY INFORMATION:

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