Proposed Rules. Notice of proposed rulemaking (NPR)

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BILLING CODE 7535-01-P NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 748 Filing Requirements for Suspicious Activity Reports AGENCY: National Credit Union Administration (NCUA). ACTION: Notice of proposed rulemaking (NPR). SUMMARY: The proposed rule describes in greater detail the requirements for reporting and filing a Suspicious Activity Report

(SAR)and addresses prompt notification of the board of directors of SAR filings, the confidentiality of reports, and liability protection. NCUA also proposes to change the heading for this part so it more accurately describes its scope. While retaining cross-references in the rule to the SAR form and instructions, these changes will enhance credit union compliance by providing greater detail in the rule on the thresholds and procedures for filing a SAR. DATES: Comments must be received on or before August 28, 2006. ADDRESSES: You may submit comments by any of the following methods (Please send comments by one method only): • *NCUA Web site: http://www.ncua.gov/Regulations OpinionsLaws/proposed_regs/proposed_regs.html.* Follow the instructions for submitting comments. • *E-mail:* Address to *regcomments@ncua.gov.* Include “[Your name] Comments on Notice of Proposed Rulemaking (Suspicious Activity Report)” in the e-mail subject line. • *Fax:*

(703)518-6319. Use the subject line described above for e-mail. • *Mail:* Address to Mary Rupp, Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428. • *Hand Delivery/Courier:* Same as mail address. FOR FURTHER INFORMATION CONTACT: Linda K. Dent, Staff Attorney, Office of General Counsel, at the above address or telephone

(703)518-6540. SUPPLEMENTARY INFORMATION: NCUA's policy is to review regulations periodically to “update, clarify and simplify existing regulations and eliminate redundant and unnecessary provisions.” Interpretive Ruling and Policy Statement

(IRPS)87-2, Developing and Reviewing Government Regulations. NCUA notifies the public about the review, which is conducted on a rolling basis so that a third of its regulations are reviewed each year. The changes in this proposed rule are the result of NCUA review under IRPS 87-2. B. Proposed Changes Suspicious Activity Report The proposed rule modifies § 748.1(c) by describing more clearly the reportable activity this section covers, identifying important filing procedures, and highlighting record retention requirements. The proposal includes in the rule other key aspects of the SAR process including the confidentiality of the reports, and safe harbor information, as well as, adds a provision requiring a credit union to keep its board of directors promptly informed of its SAR reporting activity. While the changes expand the amount of information contained in the rule, they do not increase credit unions' regulatory burden. The changes are intended to provide fundamental information about the SAR process in a single location to facilitate the ability of credit unions to quickly access reporting and filing requirements. The board notification provision formalizes a common practice and, together with the other proposed changes, provides consistency with the SAR regulations established by the other Federal Financial Institutions Examination Counsel regulators. The changes are not intended to and do not eliminate the need for credit unions to review the instructions accompanying the SAR form and the requirements of 31 CFR part 103.18, which may be necessary to ensure a report is accurately and fully completed. Heading NCUA proposes to revise the heading for part 748 to read “Security Program, Report of Suspected Crimes, Suspicious Transactions, Catastrophic Acts and Bank Secrecy Act Compliance.” The amended heading aids users of NCUA Regulations by fully describing the contents of part 748. Request for Comment The NCUA Board is interested in receiving comments on the proposed amendments to part 748. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact a proposed rule may have on a substantial number of small credit unions (those under $10 million in assets). This proposed rule modifies the language of a preexisting requirement for federally-insured credit unions to file reports of suspected crimes and suspicious activity. The proposed rule, therefore, will not have a significant economic impact on a substantial number of small credit unions and a regulatory flexibility analysis is not required. Paperwork Reduction Act The Office of Management and Budget assigned 3133-0094 as the control number for NCUA's Form 2362. NCUA has determined that the proposed amendments will not increase paperwork requirements and a paperwork reduction analysis is not required. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. The proposed rule would not have substantial direct effects on the states, on the connection between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this proposed rule does not constitute a policy that has federalism implications for purposes of the executive order. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families NCUA has determined that this proposed rule would not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Pub. L. 105-277, 112 Stat. 2681 (1998). List of Subjects in 12 CFR Part 748 Credit unions, Suspicious Activity Report. By the National Credit Union Administration Board on June 22, 2006. Mary Rupp, Secretary of the Board. For the reasons stated in the preamble, the National Credit Union Administration proposes to amend 12 CFR part 748 as set forth below: PART 748—SECURITY PROGRAM, REPORT OF SUSPECTED CRIMES, SUSPICIOUS TRANSACTIONS, CATASTROPHIC ACTS AND BANK SECRECY ACT COMPLIANCE 1. The authority citation for part 748 continues to read as follows: Authority: 12 U.S.C. 1766(a) and 1786(q); 31 U.S.C. 5311. 2. Section 748.1(c) is revised to read as follows: § 748.1 Filing of reports.

(c)*Suspicious Activity Report.* A credit union must file a report of any known or suspected crime or any suspicious transaction related to money laundering activity or a violation of the Bank Secrecy Act. For the purposes of this paragraph

(c)*credit union* means a federally-insured credit union and *official* means any member of the board of directors or a volunteer committee.

(1)*Reportable activity. Transaction* for purposes of this paragraph means a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, share certificate, or other monetary instrument or investment security, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. A credit union must report any known or suspected crime or any suspicious transaction related to money laundering or other illegal activity, for example, terrorism financing, loan fraud, or embezzlement, or a violation of the Bank Secrecy Act by sending a completed suspicious activity report

(SAR)to the Financial Crimes Enforcement Network (FinCEN) in the following circumstances:

(i)*Insider abuse involving any amount.* Whenever the credit union detects any known or suspected federal criminal violations, or pattern of criminal violations, committed or attempted against the credit union or involving a transaction or transactions conducted through the credit union, where the credit union believes it was either an actual or potential victim of a criminal violation, or series of criminal violations, or that the credit union was used to facilitate a criminal transaction, and the credit union has a substantial basis for identifying one of the credit union's officials, employees, or agents as having committed or aided in the commission of the criminal violation, regardless of the amount involved in the violation;

(ii)*Transactions aggregating $5,000 or more where a suspect can be identified.* Whenever the credit union detects any known or suspected federal criminal violation, or pattern of criminal violations, committed or attempted against the credit union or involving a transaction or transactions conducted through the credit union, and involving or aggregating $5,000 or more in funds or other assets, where the credit union believes it was either an actual or potential victim of a criminal violation, or series of criminal violations, or that the credit union was used to facilitate a criminal transaction, and the credit union has a substantial basis for identifying a possible suspect or group of suspects. If it is determined before filing this report that the identified suspect or group of suspects has used an alias, then information regarding the true identity of the suspect or group of suspects, as well as alias identifiers, such as drivers' licenses or social security numbers, addresses and telephone numbers, must be reported;

(iii)*Transactions aggregating $25,000 or more regardless of potential suspects.* Whenever the credit union detects any known or suspected Federal criminal violation, or pattern of criminal violations, committed or attempted against the credit union or involving a transaction or transactions conducted through the credit union, involving or aggregating $25,000 or more in funds or other assets, where the credit union believes it was either an actual or potential victim of a criminal violation, or series of criminal violations, or that the credit union was used to facilitate a criminal transaction, even though the credit union has no substantial basis for identifying a possible suspect or group of suspects; or

(iv)*Transactions aggregating $5,000 or more that involve potential money laundering or violations of the Bank Secrecy Act.* Any transaction conducted or attempted by, at or through the credit union and involving or aggregating $5,000 or more in funds or other assets, if the credit union knows, suspects, or has reason to suspect:

(A)The transaction involves funds derived from illegal activities or is intended or conducted in order to hide or disguise funds or assets derived from illegal activities (including, without limitation, the ownership, nature, source, location, or control of such funds or assets) as part of a plan to violate or evade any federal law or regulation or to avoid any transaction reporting requirement under Federal law;

(B)The transaction is designed to evade any regulations promulgated under the Bank Secrecy Act; or

(C)The transaction has no business or apparent lawful purpose or is not the sort of transaction in which the particular member would normally be expected to engage, and the credit union knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.

(v)*Exceptions.* A credit union is not required to file a SAR for a robbery or burglary committed or attempted that is reported to appropriate law enforcement authorities, or for lost, missing, counterfeit, or stolen securities and the credit union files a report pursuant to the reporting requirements of 17 CFR 240.17f-1.

(2)*Filing Procedures.*

(i)*Timing.* A credit union must file a SAR with FinCEN no later than 30 calendar days from the date the suspicious activity is initially detected, unless there is no identified suspect on the date of detection. If no suspect is identified on the date of detection, a credit union may use an additional 30 calendar days to identify a suspect before filing a SAR. In no case may a credit union take more than 60 days from the date it initially detects a reportable transaction to file a SAR. In situations involving violations requiring immediate attention, such as ongoing money laundering schemes, a credit union must immediately notify, by telephone, an appropriate law enforcement authority and its supervisory authority, in addition to filing a SAR.

(ii)*Content.* A credit union must complete, fully and accurately, SAR form TDF 90-22.47, Suspicious Activity Report (also known as NCUA Form 2362) in accordance with the form's instructions and 31 CFR part 103.18. A copy of the SAR form may be obtained from the credit union resources section of NCUA's Web site, *http://www.ncua.gov,* or the regulatory section of FinCEN's Web site, *http://www.fincen.gov.*

(iii)*Compliance.* Failure to file a SAR as required by the form's instructions and 31 CFR part 103.18 may subject the credit union, its officials, employees, and agents to the assessment of civil money penalties or other administrative actions.

(3)*Retention of Records.* A credit union must maintain a copy of any SAR that it files and the original or business record equivalent of all supporting documentation to the report for a period of five years from the date of the report. Supporting documentation must be identified and maintained by the credit union as such. Supporting documentation is considered a part of the filed report even though it should not be actually filed with the submitted report. A credit union must make all supporting documentation available to appropriate law enforcement authorities and its regulatory supervisory authority upon request.

(4)*Notification to board of directors.*

(i)*Generally.* The management of the credit union must promptly notify its board of directors, or a committee designated by the board of directors to receive such notice, of any SAR filed.

(ii)*Suspect is a director or committee member.* If a credit union files a SAR and the suspect is a director or member of a committee designated by the board of directors to receive notice of SAR filings, the credit union may not notify the suspect, pursuant to 31 U.S.C. 5318(g)(2), but must notify all directors who are not suspects.

(5)*Confidentiality of reports.* SARs are confidential. Any credit union, including its officials, employees, and agents, subpoenaed or otherwise requested to disclose a SAR or the information in a SAR must decline to produce the SAR or to provide any information that would disclose that a SAR was prepared or filed, citing this part, applicable law , for example, 31 U.S.C. 5318(g), or both, and notify NCUA of the request.

(6)*Safe Harbor.* Any credit union, including its officials, employees, and agents, that makes a report of suspected or known criminal violations and suspicious activities to law enforcement and financial institution supervisory authorities, including supporting documentation, are protected from liability for any disclosure in the report, or for failure to disclose the existence of the report, or both, to the full extent provided by 31 U.S.C. 5318(g)(3). This protection applies if the report is filed pursuant to this part or is filed on a voluntary basis. [FR Doc. E6-10136 Filed 6-27-06; 8:45 am] BILLING CODE 7535-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23739; Directorate Identifier 2005-NM-240-AD] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Proposed rule; withdrawal. SUMMARY: The FAA withdraws a notice of proposed rulemaking

(NPRM)that proposed a new airworthiness directive

(AD)for certain EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The proposed AD would have required modifying the routing of wire harness W407 near the fire extinguishing tube in the area of each engine, and installing new supports for related wiring. Since the proposed AD was issued, we have received new data indicating that the identified unsafe condition does not exist. Accordingly, the proposed AD is withdrawn. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov,* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Washington, DC. This docket number is FAA-2006-23739; the directorate identifier for this docket is 2005-NM-240-AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-1175; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion We proposed to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) with a notice of proposed rulemaking

(NPRM)for a new AD for certain EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That NPRM was published in the **Federal Register** on February 2, 2006 (71 FR 5626). The NPRM would have required modifying the routing of wire harness W407 near the fire extinguishing tube in the area of each engine, and installing new supports for related wiring. The NPRM resulted from reports of chafing of wire harness W407 against the supports and nacelle structure in the engine area. The proposed actions were intended to prevent such chafing, which could result in an engine shutting down during flight. Actions Since NPRM Was Issued Since we issued the NPRM, the airplane manufacturer, EMBRAER, has provided additional information concerning the unsafe condition identified in the NPRM. EMBRAER Service Bulletin 145-71-0008, Change 01, dated July 24, 2001 (which was referenced as the appropriate source of service information for accomplishing the proposed actions), addressed chafing of wire harness W407 on the left- and right-hand engines. However, EMBRAER subsequently indicates that the objective of that service bulletin was not considered to be a means to avoid in-flight shutdown

(IFSD)and, in fact, wire harness W407 is not engine control related. The harness is related to the engine lip anti-ice system, starter control valve, engine fire detection system, and engine bleed air extraction systems. None of these systems are possible contributors to an uncommanded IFSD. In addition, reported IFSD events in the EMB-145 fleet related to chafing of a different harness—the engine control harness—are associated with the engine manufacturer-provided harness, which is not the subject of EMBRAER Service Bulletin 145-71-0008. EMBRAER states that chafing (among other things) of the engine control system harness can cause internal failure of the full authority digital engine control (FADEC), which leads to a fuel shutoff valve closure command. However, in May 2001, EMBRAER introduced FADEC internal modifications for airplanes in production to prevent an inadvertent IFSD. Also, for FADECs manufactured before May 2001, Rolls-Royce, the engine manufacturer, developed an external adapter with the same design objectives as those of EMBRAER's internal modifications. These adapters have already been sent to operators to install in their affected airplanes. EMBRAER adds that the engine inspection tasks from the airplane maintenance program have been revised and improved, as well as the engine harness inspection and installation tasks in the aircraft maintenance manual (AMM). FAA's Conclusions Upon further consideration, we have determined that the unsafe condition identified in the NPRM does not exist. Accordingly, the NPRM is withdrawn. We have coordinated this action with the Departamento de Aviação Civil (DAC), which is the airworthiness authority for Brazil. The DAC indicates it is considering cancelling its related airworthiness directive, 2005-10-05, which was effective November 17, 2005. Withdrawal of the NPRM does not preclude the FAA from issuing another related action or commit the FAA to any course of action in the future. Regulatory Impact Since this action only withdraws an NPRM, it is neither a proposed nor a final rule and therefore is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Withdrawal Accordingly, we withdraw the NPRM, Docket No. FAA-2006-23739; Directorate Identifier 2005-NM-240-AD, which was published in the **Federal Register** on February 2, 2006 (71 FR 5626). Issued in Renton, Washington, on June 21, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-10175 Filed 6-27-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24449; Airspace Docket No. 06-AGL-03] Proposed Modification of Class E Airspace; Pierre, SD AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This document proposes to modify Class E airspace at Pierre, SD. Standard Instrument Approach Procedures to several Runways have been developed for the Pierre Regional Airport. Controlled airspace extending upward from the surface of the earth is needed to contain aircraft executing these approaches. This action modifies the existing radius of Class E airspace, for Pierre Regional Airport. DATES: Comments must be received on or before August 20, 2006. ADDRESSES: Send comments on the proposal to the Docket Management System, U.S. department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the Docket Number FAA-2006-24449/Airspace Docket No. 06-AGL-03, at the beginning of your comments. You may also submit comments on the internet at *http://dms.dot.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. An informal docket may also be examined during normal business hours at the Air Traffic Division, Airspace Branch, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois. FOR FURTHER INFORMATION CONTACT: Steve Davis, FAA Terminal Operations, Central Service Area Office, Airspace and Procedures Branch, AGL-530, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018, telephone

(847)294-7131. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-elated aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this document must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA- 2006-24449/Airspace Docket No. 06-AGL-03.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this document may be changed in light of comments received. All comments submitted will be available for examination in the Rules Docket, FAA, Great Lakes Region, Office of the Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM's An electronic copy of this document may be downloaded through the Internet at *http://dms.dot.gov.* Recently published rulemaking documents can also be accessed through the FAA's Web page at *http://www.faa.gov* or the Superintendent of Document's Web page at *http://www.access.gpo.gov/nara.* Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling

(202)267-8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking,

(202)267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is considering an amendment to 14 CFR part 71 to modify Class E airspace at Pierre, SD, by modifying Class E airspace for the Pierre Regional Airport. Controlled airspace extending upward from the surface of the earth is needed to contain aircraft executing instrument approach procedures. The area would be depicted on appropriate aeronautical charts. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005, and Class E airspace areas designated as surface areas are published in Paragraph 6002, of FAA Order 7400.9N dated September 1, 2005, and effective September 16, 2005, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an establishment body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore this, proposed regulation—(1) Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 5, 2005, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. AGL SD E5 Pierre, SD [Revised] Pierre Regional Airport, SD (Lat. 44°22′58″ N., long. 100°17′10″ W.) That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of the Pierre Regional Airport, and within 4.4 miles each side of the Pierre VORTAC 087° radial extending from the 6.8-mile radius to 6.1 miles east of the VORTAC and within 4.4 miles each side of the Pierre VORTAC 265° radial extending from the 6.8-mile radius to 16.1 miles west of the VORTAC, and that airspace extending upward from 1,200 feet above the surface within a 30.5-mile radius of the Pierre VORTAC. Paragraph 6002 Class E airspace designated as surface areas. AGL SD E2 Pierre, SD [Revised] Pierre Regional Airport, SD (Lat. 44°22′58″ N., long. 100°17′10″ W.) Within a 4.4-mile radius of the Pierre Regional Airport. Issued in Des Plaines, Illinois on June 8, 2006. John A. Clayborn, Acting Area Director, Central Terminal Operations. [FR Doc. 06-5733 Filed 6-27-06; 8:45 am]

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