Unknown. Final rule; technical amendments
6,243 words·~28 min read·
/register/2010/06/18/2010-14201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-18.xml --- 75 117 Friday, June 18, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34683-34684 2010-14782 2010-14789 Privacy Act; Systems of Records, 34684 2010-14714 Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 34709-34711 2010-14712 Animal Animal and Plant Health Inspection Service NOTICES Decision to Issue Permits:
Importation of Fresh False Coriander From Panama Into the Continental United States, 34687 2010-14791 Army Army Department See Engineers Corps NOTICES Updated Record of Decision (ROD): Revised Army Growth and Force Structure Realignment Decisions, 34714-34715 2010-14734 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP):
Cooperative Agreement Program for the National Academic Centers of Excellence in Youth Violence Prevention (U01); etc., 34750 2010-14772 Proposed Office of State, Tribal, Local and Territorial Support (OSTLTS), 34752-34753 2010-14800 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34740-34744 2010-14781 2010-14780 Coast Guard Coast Guard RULES Safety Zones: Jameson Beach Fourth of July Fireworks Display, 34636-34639 2010-14718 Private Fireworks, Wilson Creek, Gloucester, VA, 34641-34642 2010-14736 Reedville July 4th Celebration, Cockrell's Creek, Reedville, VA, 34639-34641 2010-14742 Special Local Regulations:
Swim Across the Sound, Long Island Sound, Port Jefferson, NY to Captains Cove Seaport, Bridgeport, CT, 34634-34636 2010-14719 PROPOSED RULES Bulk Solid Hazardous Materials: Harmonization with International Maritime Solid Bulk Cargoes (IMSBC) Code; Correction, 34682 2010-14737 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 34701-34704 2010-14806 2010-14807 Commodity Commodity Futures Trading Commission NOTICES Meetings: Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues, 34704-34705 2010-14564 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34705-34706 2010-14709 Defense Defense Department See Air Force Department See Army Department See Engineers Corps See National Geospatial-Intelligence Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 34706-34707 2010-14745 2010-14746 Meetings: Military Leadership Diversity Commission, 34707-34708 2010-14713 Education Education Department PROPOSED RULES Program Integrity Issues, 34806-34890 2010-14107 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34715-34716 2010-14703 Carol M. White Physical Education Program: Catalog of Federal Domestic Assistance
(CFDA)Number; 84.215F, 34892-34910 2010-14730 Inviting Applications for New Awards for Fiscal Year
(FY)2010, 34910-34917 2010-14731 High School Graduation Initiative: Inviting Applications for New Awards for Fiscal Year
(FY)2010, 34716-34720 2010-14732 Employee Employee Benefits Security Administration RULES Rules and Regulations for Abandoned Individual Account Plans; CFR Correction, 34626-34629 2010-14882 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Resource Justification Model, 34767-34768 2010-14707 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program for Consumer Products: Energy Conservation Standards for Certain Small Diameter, Elliptical Reflector, and Bulged Reflector Incandescent Reflector Lamps, 34656-34657 2010-14755 Energy Efficiency and Sustainable Design Standards for New Federal Buildings, 34657 2010-14752 NOTICES Environmental Impact Statements; Availability, etc.: Floodplains and Wetlands Involvement; Champlain Hudson Power Express, Inc., 34720-34724 2010-14760 Meetings: International Energy Agency, 34724-34725 2010-14753 Energy Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Program for Consumer Products: Decision and Order Granting Waiver to Daikin AC (Americas), Inc., etc., 34731-34733 2010-14756 Petition for Waiver of LG Electronics, Inc. (LG), etc., 34726-34731 2010-14758 Engineers Engineers Corps RULES Restricted Area: Atlantic Ocean off John F. Kennedy Space Center, FL, 34643 2010-14790 NOTICES Availabilities of Final General Conformity Determinations and Records of Decisions: Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project, Port of Los Angeles, Los Angeles County, CA, 34708-34709 2010-14776 Environmental Impact Statements; Availability, etc.: Newhall Ranch Resource Management and Development Plan and Spineflower Conservation Plan, Los Angeles County, CA, 34709 2010-14802 Suspension of Nationwide Permit 21, 34711-34714 2010-14778 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Transportation Conformity Regulations; Maryland, 34644-34647 2010-14766 Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Air Emission Standards for Halogenated Solvent Cleaning Machines; State of Rhode Island, 34647-34653 2010-14508 Engine-Testing Procedures; CFR Correction, 34653 2010-14886 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Limiting Emissions of Volatile Organic Compounds from Consumer Products; Delaware, 34671-34673 2010-14775 Revision to Emission Limitations for R. Paul Smith Power Station; Maryland, 34670-34671 2010-14779 Transportation Conformity Regulations; Maryland, 34669-34670 2010-14765 Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Air Emission Standards for Halogenated Solvent Cleaning Machines; State of Rhode Island, 34673-34674 2010-14509 Proposed Authorization of State Hazardous Waste Management Program Revisions: Washington, 34674-34682 2010-13851 NOTICES Adequacy Status: Alabama Portion (Jackson County) of the Chattanooga, TN Tri-State Area 1997 Annual PM2.5 Attainment Demonstration Insignificance Finding for Transportation Conformity Purposes, 34735-34736 2010-14770 Kentucky Portion of the Huntington-Ashland Tri-State Area 1997 Annual PM2.5 Attainment Demonstration Insignificance Finding for Transportation Conformity Purposes, 34734-34735 2010-14774 Draft FY 2011-2015 EPA Strategic Plan, 34736-34737 2010-14649 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 34737-34738 2010-14767 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Revocation of Class D and E Airspace: Big Delta, AK, 34624 2010-14690 PROPOSED RULES Airworthiness Directives: Boeing Co. Model 777-200, -300, and -300ER Series Airplanes, 34663-34666 2010-14792 Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes; et al., 34657-34661 2010-14769 McDonnell Douglas Corp. Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), etc. Airplanes, 34661-34663 2010-14796 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34738-34740 2010-14786 2010-14787 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 34740 2010-14906 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declaration: Oklahoma, 34753 2010-14699 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Mahoning Hydropower, LLC, 34725-34726 2010-14721 Staff Conference: Improving Market and Planning Efficiency through Improved Software, 34734 2010-14720 FMC Federal Maritime Commission NOTICES Meetings; Sunshine Act, 34740 2010-14939 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34802-34803 2010-14695 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Uniformed Services Accounts and Death Benefits, 34654-34656 2010-14741 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Single Use Permits and Registration of Production Facilities (CITES), 34757-34758 2010-14761 Migratory Bird Surveys, 34758-34759 2010-14763 Emergency Exemptions: Issuance of Permit for Endangered Species, 34759 2010-14804 Receipt of Applications for Permit, 34766-34767 2010-14803 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products, 34746-34748 2010-14817 Substances Prohibited From Use in Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed, 34744-34745 2010-14813 Survey on Consumers' Emotional and Cognitive Reactions to Food Recalls, 34745-34746 2010-14815 Determination of Regulatory Review Period for Purposes of Patent Extension: Bystolic, 34749-34750 2010-14814 Meetings: Development of an Enforcement Action Plan, 34750-34752 2010-14809 Foreign Foreign Assets Control Office RULES Iranian Transactions Regulations, 34630-34634 2010-14678 Geological Geological Survey NOTICES Meetings: Advisory Committee on Water Information (ACWI), 34765 2010-14738 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 34753-34754 2010-14446 Privacy Act; Systems of Records: Single Family Mortgage Asset Recovery Technology (SMART/A80H), 34755-34757 2010-14710 Title Eight Automated Paperless Office Tracking System (TEAPOTS), 34754-34755 2010-14744 Indian Indian Affairs Bureau NOTICES Final Determination for Federal Acknowledgment of the Shinnecock Indian Nation, 34760-34765 2010-14733 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Correction to the Final Affirmative Countervailing Duty Determination: Wire Decking from the People's Republic of China, 34688 2010-14801 Final Results of Changed Circumstances Review: Ball Bearings and Parts Thereof from France, 34688-34689 2010-14795 Preliminary Results of the 2008-2009 Antidumping Duty Administrative Review: Pure Magnesium from the People's Republic of China, 34689-34699 2010-14391 Rescission of Antidumping Duty Administrative Review in Part: Polyethylene Retail Carrier Bags from Thailand, 34699 2010-14799 Rescission of Countervailing Duty Administrative Review: Carbazole Violet Pigment 23 from India, 34699-34700 2010-14797 Justice Justice Department See Prisons Bureau Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Workers Compensation Programs Office National Credit National Credit Union Administration RULES Technical Amendments, 34619-34623 2010-14201 NGIA National Geospatial-Intelligence Agency RULES Privacy Act; Implementation; CFR Correction, 34634 2010-14884 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institute of Diabetes and Digestive and Kidney Diseases Information Clearinghouses Customer Satisfaction Survey, 34748-34749 2010-14793 Meetings: National Institute of Arthritis and Musculoskeletal and Skin Diseases, 34752 2010-14771 NOAA National Oceanic and Atmospheric Administration NOTICES Application for Exempted Fishing Permits: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries, 34687-34688 2010-14788 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA, 34700-34701 2010-14833 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 34765-34766 2010-14773 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Materials Research, 34769 2010-14723 Meetings; Sunshine Act, 34769 2010-14867 Nuclear Nuclear Regulatory Commission NOTICES Acceptances for Docketing and Opportunity for Hearing on the Application Regarding Renewal of Facility Operating License, etc.: University of Wisconsin Nuclear Reactor, 34769-34774 2010-14768 Availability of Environmental Assessments and Finding of No Significant Impact: Florida Power & Light Company; Turkey Point Nuclear Generating Plant, 34776-34777 2010-14751 License Amendment To Byproduct Materials, 34774-34776 2010-14749 Hearings; Opportunity to Petition for Leave to Intervene, etc.: Florida Power and Light Co., Combined License Application for Turkey Point, 34777-34782 2010-14757 Independent Spent Fuel Installation Order Modifying License: Exelon Generation Co., LLC, Braidwood Station, 34782-34787 2010-14764 Luminant Generation Company LLC; Comanche Peak Steam Electric Station, 34787-34792 2010-14747 License Amendment Requests, Opportunities to Provide Comments, Request Hearing, etc.: Westinghouse Electric Co., LLC, 34792-34794 2010-14759 Receipts and Availability of Application for an Early Site Permit: PSEG Power, LLC and PSEG Nuclear, LLC, 34794-34795 2010-14754 Presidential Presidential Documents ADMINISTRATIVE ORDERS Russia Federation, Weapons-Usable Fissile Material; Continuation of National Emergency (Notice of June 17, 2010), 34919-34922 2010-15058 Somalia and Food Pipeline Breaks; Unexpected Urgent Refugee and Migration Needs (Presidential Determination) No. 2010-10 of June 8, 2010, 34617 2010-14879 Prisons Prisons Bureau RULES Administrative Remedy Program: Exception to Initial Filing Procedures, 34625-34626 2010-14715 Rural Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34684-34685 2010-14823 Buy American Exception under the American Recovery and Reinvestment Act of 2009, 34685-34687 2010-14812 SEC Securities and Exchange Commission NOTICES Meetings: Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues, 34704-34705 2010-14564 Order Approving Fifteenth Substantive Amendment to Second Restatement, etc.: Consolidated Tape Association, 34795-34796 2010-14740 Orders Granting Application for Extension of Temporary Conditional Exemption, etc.: International Securities Exchange, LLC; Ownership Interest, etc., 34796-34799 2010-14684 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 34799-34802 2010-14739 State State Department NOTICES Meetings: U.S. Information and Communications Technologies
(ICT)Industry Efforts to Assist Haitian Relief; etc., 34802 2010-14784 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Environmental Impact Statements; Availability, etc.: Stream Protection Rule, 34666-34669 2010-14727 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Foreign Assets Control Office Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Division of Federal Employees' Compensation, 34768-34769 2010-14805 Separate Parts In This Issue Part II Education Department, 34806-34890 2010-14107 Part III Education Department, 34892-34917 2010-14730 2010-14731 Part IV Presidential Documents, 34919-34922 2010-15058 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 117 Friday, June 18, 2010 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Parts 701, 702, 704, 708a, 708b, 709, 711, 712, 715, 716, 717, 721, 722, 741, 742, 745, 747, 790, 791, 792, 793, and 795 Technical Amendments AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule; technical amendments. SUMMARY: NCUA is amending a number of its regulations to make minor technical corrections. The amendments update the regulations and make other grammatically necessary corrections. The amendments are intended to provide helpful changes to NCUA's regulations. DATES: This rule is effective June 18, 2010. FOR FURTHER INFORMATION CONTACT: Pamela Yu, Staff Attorney, Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428 or telephone:
(703)518-6540. SUPPLEMENTARY INFORMATION: A. Background NCUA continually reviews its regulations to “update, clarify and simplify existing regulations and eliminate redundant and unnecessary provisions.” NCUA Interpretive Rulings and Policy Statement
(IRPS)87-2, Developing and Reviewing Government Regulations. In 2009, NCUA internally reviewed its regulations as part of a publication process and took the opportunity to update, clarify and simplify its regulations. Based on this review, NCUA determined minor revisions to certain regulations would be helpful. B. Regulatory Changes This rule provides minor technical corrections and will not cause any regulatory changes. C. Regulatory Procedures Final Rule Under the Administrative Procedure Act NCUA is issuing this rulemaking as a final rule, effective upon publication. Generally, the Administrative Procedure Act
(APA)requires a rulemaking to be published as a notice of proposed rulemaking with the opportunity for public comment, unless the agency for good cause finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553. NCUA believes good cause exists for issuing these amendments without notice and public comment. The amendments in this rule are not substantive but merely technical in that they make minor corrections, provide clarification or update the regulations. Additionally, the APA requires that a final rule must have a delayed effective date of 30 days from the date of publication, except for good cause. 5 U.S.C. 553(d). NCUA also finds good cause to waive the customary 30-day delayed effective date requirement under the APA. 5 U.S.C. 553(d)(3). The rule will, therefore, be effective immediately upon publication. Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact a rule may have on a substantial number of small entities (primarily those credit unions under ten million dollars in assets). This rule does not impose any regulatory burden. It merely makes non-substantive technical changes to certain sections of NCUA's regulations. This rule will not have a significant economic impact on a substantial number of small credit unions; thus, a regulatory flexibility analysis is not required. Paperwork Reduction Act NCUA has determined that this rule will not increase paperwork requirements under the Paperwork Reduction Act of 1995 and regulations of the Office of Management and Budget. 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. This rule will not have substantial direct effects on the states, on the relationship 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 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 The NCUA has determined that this rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Public Law 105-277, 112 Stat. 2681 (1998). Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) (SBREFA) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by Section 551 of the APA. 5 U.S.C. 551. The Office of Management and Budget has determined that this rule is not a major rule for purposes of SBREFA. As required by SBREFA, NCUA will file the appropriate reports with Congress and the General Accounting Office so this rule may be reviewed. List of Subjects 12 CFR Part 701 Advertising, Aged, Civil rights, Credit, Credit unions, Fair housing, Individuals with disabilities, Insurance, Marital status discrimination, Mortgages, Religious discrimination, Reporting and recordkeeping requirements, Sex discrimination, Signs and symbols, Surety bonds. 12 CFR Part 702 Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 704 Credit unions, Reporting and recordkeeping requirements, Surety bonds. 12 CFR Part 708a Bank deposit insurance, Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 708b Bank deposit insurance, Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 709 Claims, Credit unions. 12 CFR Part 711 Antitrust, Credit unions, Holding companies. 12 CFR Part 712 Administrative practice and procedure, Credit unions, Investments, Reporting and recordkeeping requirements. 12 CFR Part 715 Accounting, Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 716 Bank deposit insurance, Consumer protection, Credit unions, Privacy, Reporting and recordkeeping requirements. 12 CFR Part 717 Consumer protection, Credit unions, Information, Privacy, Reporting and recordkeeping requirements. 12 CFR Part 721 Credit unions. 12 CFR Part 722 Credit unions, Mortgages, Reporting and recordkeeping requirements. 12 CFR Part 741 Bank deposit insurance, Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 742 Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 745 Administrative practice and procedure, Bank deposit insurance, Claims, Credit unions. 12 CFR Part 747 Administrative practice and procedure, Bank deposit insurance, Claims, Credit unions, Crime, Equal access to justice, Investigations, Lawyers, Penalties. 12 CFR Part 790 Organization and functions (Government agencies). 12 CFR Part 791 Administrative practice and procedure, Sunshine Act. 12 CFR Part 792 Classified information, Confidential business information, Courts, Freedom of information, Government employees, Privacy. 12 CFR Part 793 Claims. 12 CFR Part 795 Reporting and recordkeeping requirements. By the National Credit Union Administration Board on May 4, 2010. Mary Rupp, Secretary of the Board. Accordingly, under the authority 12 U.S.C. 1752a, NCUA is amending 12 CFR chapter VI as follows: PART 701—ORGANIZATION AND OPERATIONS OF FEDERAL CREDIT UNIONS 1. The authority citation for part 701 continues to read as follows: Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1758, 1759, 1761A, 1761B, 1766, 1767, 1782, 1784, 1786, 1787, 1789, Section 701.6 is also authorized by 15 U.S.C. 1601, *et seq.;* 42 U.S.C. 1981 and 3601-3610, Section 701.35 is also authorized by 42 U.S.C. 4311-4312. § 701.14 [Amended] 2. Section 701.14 is amended by removing in paragraphs (b)(3)(i)(A), (B), and
(C)the word “Camel” and adding in its place the word “CAMEL”. § 701.21 [Amended] 3. Section 701.21 is amended by: a. Removing in paragraph (b)(1) introductory text the word “NCUA's” appearing in the first sentence and adding in its place the word “NCUA”. b. Removing in paragraph (c)(5) the citation “§ 723.8 and 723.9” and adding in its place the citation “§§ 723.8 and 723.9”. c. Removing in paragraph (c)(8)(ii), in the definition of “Compensation”, the words “non monetary” and adding in their place the word “non-monetary”. d. Removing in paragraph (c)(8)(iii)(D) the words “non senior management” and adding in their place the words “non-senior management.” e. Removing in paragraph (d)(4) introductory text the word “or” after the word “obligor” and before the word “endorser.” f. Removing in paragraph (d)(5)(iii) the comma after the words “family member of an official” and before the words “shall not be more favorable” in the first sentence. Appendix A to Part 701 [Amended] 4. Appendix A to Part 701 is amended by: a. Adding in Article III, Section 5 introductory text a colon after the words “provided, however, that” at the end of the sentence. b. Adding parentheses to enclose the letter “k” in Article IV, Section 4, paragraph (k). PART 702—PROMPT CORRECTIVE ACTION 5. The authority citation for part 702 continues to read as follows: Authority: 12 U.S.C. 1766(a), 1790d. § 702.2 [Amended] 6. Section 702.2 is amended by: a. Adding a period after the section heading “Definitions”. b. Adding in paragraph
(g)an end parenthesis after the words “(as defined in paragraph
(f)of this section”. c. Adding in paragraph
(g)an end parenthesis after the words “(as defined by a measure chosen under paragraph
(j)of this section”. § 702.103 [Amended] 7. Section 702.103 introductory text is amended by adding the word “in” after the words “if the credit union meets both of the following criteria as reflected” and before the words “its most recent Call Report” in the first sentence. § 702.204 [Amended] 8. Section 702.204(b)(3) is amended by removing the period after the words “as provided in § 702.202(b)(3)” and adding in its place a semicolon. § 702.205 [Amended] 9. Section 702.205(a)(1) is amended by adding an end parenthesis after the words “(as defined in § 702.2(b)”. PART 704—CORPORATE CREDIT UNIONS 10. The authority citation for part 704 continues to read as follows: Authority: 12 U.S.C. 1766(a), 1781, 1789. § 704.5 [Amended] 11. Section 704.5 is amended by: a. Removing in paragraph (d)(4) the semicolon and the word “and” and adding in their place a period after the words “agent ensures compliance” at the end of the second sentence. b. Removing in the introductory text of paragraph
(e)the word “ *Lending”* and adding in its place the word “ *lending,”* § 704.7 [Amended] 12. Section 704.7 is amended by: a. Removing in paragraph heading
(c)the em dash after the words “ *Loans to members”* and adding in its place a period. b. Removing in paragraph heading
(d)the em dash after the words “ *Loans to nonmembers”* and adding in its place a period. PART 708a—CONVERSION OF INSURED CREDIT UNIONS TO MUTUAL SAVINGS BANKS 13. The authority citation for part 708a continues to read as follows: Authority: 12 U.S.C. 1766, 12 U.S.C. 1785(b). § 708a.4 [Amended] 14. Section 708a.4 is amended by redesignating the second paragraph (b)(4)(ii) as paragraph (b)(4)(iii). PART 708b—MERGERS OF FEDERALLY INSURED CREDIT UNIONS; VOLUNTARY TERMINATION OR CONVERSION OF INSURED STATUS 15. The authority citation for Part 708b continues to read as follows: Authority: 12 U.S.C. 1752(7), 1766, 1785, 1786, 1789. § 708b [Amended] 16. Section 708b.302 is amended by: a. Removing the word “ *Insurance”* in the section heading and adding in its place the word “ *insurance”.* b. Adding in paragraph
(b)a period after the words “The board of directors has concluded that the proposed conversion is desirable for the following reasons: (Insert reasons)” appearing in the third full paragraph of the form notice, under the subheading “INSURANCE CONVERSION.” c. Adding in paragraph
(c)a period after the words “Please mail or bring it to: (Insert name of independent entity and address)” appearing in the first full paragraph of the form ballot. PART 709—INVOLUNTARY LIQUIDATION OF FEDERAL CREDIT UNIONS AND ADJUDICATION OF CREDITOR CLAIMS INVOLVING FEDERALLY INSURED CREDIT UNIONS IN LIQUIDATION 17. The authority citation for part 709 continues to read as follows: Authority: 12 U.S.C. 1757, 1766, 1767, 1786(h), 1787, 1788, 1789, 1789a. § 709.4 [Amended] 18. Section 709.4(a) is amended by removing the word “therefor” and adding in its place the word “therefore”. § 709.9 [Amended] 19. Section 709.9(f) introductory text is amended by removing the word “if” after the words “Before the end of the 90-day period beginning on the date a request” and before the word “filed” and adding in its place the word “is”. PART 711—MANAGEMENT OFFICIAL INTERLOCKS 20. The authority citation for part 711 continues to read as follows: Authority: 12 U.S.C. 1757 and 3201-3208. § 711.2 [Amended] 21. Section 711.2(e) is amended by adding an end parenthesis after the citation “(12 U.S.C. 3201)” and before the words “having its principal office located in the United States”. PART 712—CREDIT UNION SERVICE ORGANIZATIONS (CUSOs) 22. The authority citation for Part 712 continues to read as follows: Authority: 12 U.S.C. 1756, 1757(5)(D) and (7)(I), 1766, 1782, 1784, 1785, and 1786. § 712.5 [Amended] 23. Section 712.5(c) is amended by removing the words “Business loan origination” and adding in their place the words “ *Business loan origination.”* PART 715—SUPERVISORY COMMITTEE AUDITS AND VERIFICATIONS 24. The authority citation for part 715 continues to read as follows: Authority: 12 U.S.C. 1761(b), 1761d, 1782(a)(6). § 715.5 [Amended] 25. Section 715.5(b) is amended by removing the words “$10 Million” before the words “which does not choose to obtain an audit” and adding in its place the word “$10 million.” PART 716—PRIVACY OF CONSUMER FINANCIAL INFORMATION 26. The authority citation for part 716 continues to read as follows: Authority: 15 U.S.C. 6801 *et seq.,* 12 U.S.C. 1751 * et seq.* § 716.4 [Amended] 27. Section 716.4(f)(1) is amended by adding the paragraph citation “(a)” after the words “requirements of paragraph” and before the words “of this section.” § 716.6 [Amended] 28. Section 716.6(e) paragraph heading is amended by removing the em dash after the word “ *Examples”* and adding in its place a period. PART 717—FAIR CREDIT REPORTING 29. The authority citation for part 717 continues to read as follows: Authority: 12 U.S.C. 1751 *et seq.;* 15 U.S.C. 1681a, 1681b, 1681c, 1681m, 1681s, 1681-1, 1681t, 1681w, 6801 and 6805, Pub. L. 108-159, 117 Stat. 1952. § 717.3 [Amended] 30. Section 717.3(l) is amended by adding, in the definition of “Person”, a comma after the word “estate” and before the word “cooperative.” § 717.20 [Amended] 31. Section 717.20 section heading is amended by adding a period after the words “ *Coverage and definitions.”* § 717.25 [Amended] 32. Section 717.25(b)(1)(v) is amended by removing the words “et seq” and adding in their place the words “ *et seq.”* § 717.27 [Amended] 33. Section 717.27(c)(2) is amended by removing the words “et seq” and adding in their place the words “ *et seq.”* PART 721—INCIDENTAL POWERS 34. The authority citation for part 721 continues to read as follows: Authority: 12 U.S.C. 1757(17), 1766, and 1789 1781. § 721.3 [Amended] 35. Section 721.3(f) is amended by removing the words “Web site” appearing in the second sentence and adding in their place the word “website.” PART 722—APPRAISALS 36. The authority citation for part 722 continues to read as follows: Authority: 12 U.S.C. 1766, 1789, and 3339. § 722.2 [Amended] 37. Section 722.2(f)(2) is amended by removing the semicolon after the words “well advised” and before the words “and acting” and adding in its place a comma. PART 741—REQUIREMENTS FOR INSURANCE 38. The authority citation for part 741 continues to read as follows: Authority: 12 U.S.C. 1757, 1766(a), 1781-1790, and 1790d; 31 U.S.C. 3717. § 741.8 [Amended] 39. Section 741.8(c) is amended by removing the phrase “regional director” appearing in the penultimate sentence and adding in its place the word “NCUA.” PART 742—REGULATORY FLEXIBILITY PROGRAM 40. The authority citation for part 742 continues to read as follows: Authority: 12 U.S.C. 1756, 1766. § 742.4 [Amended] 41. Section 742.4 section heading is amended by removing the word “Relief” and adding in its place the word “relief.” PART 745—SHARE INSURANCE AND APPENDIX 42. The authority citation for part 745 continues to read as follows: Authority: 12 U.S.C. 1752(5), 1757, 1765, 1766, 1781, 1782, 1787, 1789; Title V, Pub. L. 109-351; 120 Stat. 1966. § 745.9-2 [Amended] 43. Section 745.9-2(a) is amended by enclosing inside the quotation marks the comma appearing after the words “adequately capitalized.” Appendix to Part 745 [Amended] 44. In Appendix to Part 745: a. Section D, Example 1 is amended by removing the citation “§ 745.10(a)(2) and 745.3” appearing in the last sentence and adding in its place the citation “§§ 745.10(a)(2) and 754.3”. b. Section D, Example 5 is amended by removing the word “instrumentally” appearing in the second sentence and adding in its place the word “instrumentality.” PART 747—ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS 45. The authority citation for part 747 continues to read as follows: Authority: 12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 1790d; 42 U.S.C. 4012a; Pub. L. 101-410; Pub. L. 104-134; Pub. L. 109-351; 12 Stat. 1966. § 747.7 [Amended] 46. Section 747.7(a) is amended by adding the word “shall” after the words “his or her own counsel” and before the words “sign his or her individual name” in the second sentence. § 747.10 [Amended] 47. Section 747.10(c)(3) is amended by removing the word “processing” and adding in its place the word “proceeding”. § 747.31 [Amended] 48. Section 747.31 is amended by: a. Removing in the first sentence in paragraph
(a)the phrase “or such order time as parties may agree” and adding in its place the phrase “or such other time as parties may agree.” b. Removing in the first sentence in paragraph
(a)the phrase “the recourse and conduct of the proceeding” and adding in its place the phrase “the course and conduct of the proceeding.” § 747.39 [Amended] 49. Section 747.39(b)(2) is amended by removing the word “failure” and adding in its place the word “failed”. § 747.40 [Amended] 50. Section 747.40(a) is amended by removing the word “proceedings” appearing near the end of the sentence and adding in its place the word “proceeding”. § 747.203 [Amended] 51. Section 747.203(a) is amended by removing the words “notice of charges” and adding in its place the words “Notice of Charges”. § 747.207 [Amended] 52. Section 747.207 is amended by: a. Removing the word “years” appearing in paragraph 3 of the form notice and adding in its place the word “year.” b. Removing the words “: *Provided, however,* That” appearing in paragraph 3 of the form notice and adding in their place the words “; provided, however, that”. § 747.302 [Amended] 53. Section 747.302(a)(1) is amended by: a. Removing the phrase “represent the particular party or whose behalf he acts” appearing at the end of the first sentence and adding in its place the phrase “represent the particular party on whose behalf he acts”. b. Removing the phrase “the satisfaction of the NCUA Board the he or she has the requisite qualifications” appearing at the end of the second sentence and adding in its place the phrase “the satisfaction of the NCUA Board that he or she has the requisite qualifications.” § 747.306 [Amended] 54. Section 747.306 is amended by: a. Removing in paragraph
(a)the words “within 30 says of service” appearing in the first sentence and adding in its place the words “within 30 days of service”. b. Removing in paragraph
(b)the words “state with particularly” appearing in the first sentence and adding in its place the words “state with particularity”. § 747.602 [Amended] 55. Section 747.602(e) is amended by removing the words “NCUA board” appearing in the last sentence and adding in their place the words “NCUA Board”. § 747.605 [Amended] 56. Section 747.605(c)(3) is amended by adding the word “and” after the semicolon appearing at the end of the sentence. § 747.606 [Amended] 57. Section 747.606(a)(3)(ii) is amended by removing the semicolon appearing at the end of the sentence and adding in its place a period. § 747.607 [Amended] 58. Section 747.607
(a)is amended by removing the words “tax exempt” appearing in the first sentence and adding in their place the word “tax-exempt”. § 747.611 [Amended] 59. Section 747.611 is amended by removing the word “comment” at the end of the last sentence and adding in its place the word “comments”. § 747.616 [Amended] 60. Section 747.616 is amended by removing the words “Office of the Controller” wherever they appear and adding in their place the words “Office of Chief Financial Officer”. § 747.803 [Amended] 61. Section 747.803 is amended by: a. Removing in paragraph (b)(1)(i) the word “Handling” and adding in its place the word “Handing”. b. Removing in paragraph (b)(1)(iv) the words “Mailing it be” and adding in its place the words “Mailing it by”. Subpart J—Local Procedures and Standards Applicable to a Notice of Change in Senior Executive Officers, Directors or Committee Members Pursuant to Section 212 of the Act 62. The heading for Subpart J is revised to read as set forth above. § 747.902 [Amended] 63. Section 747.902 is amended by adding commas after the words “experience” and “character”. § 747.2003 [Amended] 64. Section 747.2003(b)(4)(iii) is amended by adding the word “to” after the word “deemed” and before the word “have”. PART 790—DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION 65. The authority citation for part 790 continues to read as follows: Authority: 12 U.S.C. 1766, 1789, 1795f. 66. Section 790.2 is amended by: a. Removing in paragraph (b)(6) the word “Administration,” appearing in the second sentence. b. Removing in paragraph (b)(13) the words “ *Office of Capital Markets and Planning”* and adding in their place the words “ *Office of Capital Markets”.* c. Adding new paragraphs (b)(16) and (17). d. The “Area within region” column of the chart appearing in paragraph
(c)is amended by: 1. Adding in the list for “Region No. I” after the word “Vermont” the word “, Nevada”. 2. Adding in the list for “Region No. II” after the words “West Virginia” the word “, California”. 3. Removing in the list for “Region No. V” the words “California” and “Nevada”. The additions read as follows: § 790.2 Central and regional office organization.
(b)* * *
(16)*Office of Consumer Protection.* The Office of Consumer Protection contains two divisions, the Division of Consumer Protection and the Division of Consumer Access. The office provides consumer services, including consumer education and complaint resolution; establishes, consolidates, and coordinates consumer protections within the agency; acts as the central liaison on consumer protection with other federal agencies; nationalizes field of membership processing; absorbs centralized chartering activities; and assumes the activities of the agency's ombudsman. The ombudsman investigates complaints and recommends solutions on regulatory issues that cannot be resolved at the regional level.
(17)*The Office of Chief Economist.* The Office of Chief Economist is within the Office of the Executive Director and reports to the Deputy Executive Director. The office analyzes developments in key components of the economy and monitors trends and conditions in the domestic and international markets for money, credit, foreign exchange and commodities, and relates these trends to overall macroeconomic conditions and government monetary and fiscal policies for the purpose of evaluating effects on credit unions. The office provides advice and guidance to the NCUA Board, the Office of the Executive Director, and the Office of Capital Markets. PART 791—RULES OF NCUA BOARD PROCEDURE; PROMULGATION OF NCUA RULES AND REGULATIONS; PUBLIC OBSERVATION OF NCUA BOARD MEETINGS 67. The authority citation for part 791 continues to read as follows: Authority: 12 U.S.C. 1766, 1789 and 5 U.S.C. 552b. § 791.4 [Amended] 68. Section 791.4(b)(1) is amended by adding the word “matters” after the word “sensitive”. § 791.5 [Amended] 69. Section 791.5(b)(2)(i) is amended by adding a comma after the words “In cases of emergency” appearing in the last sentence. 70. Section 791.8 is amended by adding new paragraph
(f)to read as follows: § 791.8 Promulgation of NCUA rules and regulations.
(f)NCUA has an Office of Management and Budget
(OMB)control number for rulemakings containing an information collection within the meaning of the Paperwork Reduction Act (44 U.S.C. 3501). A list of OMB control numbers is available to the public for review online at *http://www.RegInfo.gov.* § 791.12 [Amended] 71. Section 791.12(a)(1)(i) is amended by removing the comma after the words “foreign policy” and before the word “and” and adding in its place a semicolon. PART 792—REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT AND PRIVACY ACT, AND BY SUBPOENA 72. The authority citation for part 792 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 12958, 60 FR 19825, 3 CFR 1995 Comp., p. 333. § 792.66 [Amended] 73. Section 792.66 is amended by: a. Removing in paragraph (b)(1) the word “Investigations” and adding in its place the word “investigations” appearing at the end of the first sentence. b. Removing in paragraph (b)(3) the word “Sections” appearing in the second sentence and adding in its place the word “sections”. c. Removing in paragraph (b)(3) the word “Section” appearing in the third sentence and adding it its place the word “section”. d. Removing in paragraph (b)(3) the semicolons and adding in their place a comma where ever they appear. PART 793—TORT CLAIMS AGAINST THE GOVERNMENT 74. The authority citation for part 793 continues to read as follows: Authority: 12 U.S.C. 1766. 75. Section 793.4 is amended by: a. Adding paragraph
(b)introductory text, after the paragraph heading “ *Personal injury.”.* b. Removing in paragraph
(d)the word “therefor” appearing in the second sentence and adding in its place the word “therefore”. § 793.4 Administrative claims; evidence and information to be submitted.
(b)*Personal injury.* In support of a claim based on personal injury, the claimant may be required to submit the following evidence or information: PART 795—[REMOVED AND RESERVED] 76. Under the authority of 12 U.S.C. 1752a, remove and reserve part 795. [FR Doc. 2010-14201 Filed 6-17-10; 8:45 am]
Connectionstraces to 23
Traces to 23 documents
U.S. Code
- Rule making§ 553
- Definitions§ 3502
- Definitions§ 551
- National Credit Union Administration§ 1752a
- Definitions§ 1752
- Congressional findings and declaration of purpose§ 1601
- Equal rights under the law§ 1981
- Powers of Board§ 1766
- Requirements governing insured credit unions§ 1785
- Powers§ 1757
- Definitions§ 3201
- Reports and examinations§ 1756
- Management§ 1761
- Protection of nonpublic personal information§ 6801
- Short title§ 1751
- Definitions; rules of construction§ 1681a
- Interest and penalty on claims§ 3717
- Flood insurance purchase and compliance requirements and escrow accounts§ 4012a
- Open meetings§ 552b
- Purposes§ 3501
- Departmental regulations§ 301
public-private-law
32 references not yet in our index
- Pub. L. 105-277
- Pub. L. 104-121
- 12 CFR 701
- 12 CFR 702
- 12 CFR 704
- 12 CFR 708
- 12 CFR 709
- 12 CFR 711
- 12 CFR 712
- 12 CFR 715
- 12 CFR 716
- 12 CFR 717
- 12 CFR 721
- 12 CFR 722
- 12 CFR 741
- 12 CFR 742
- 12 CFR 745
- 12 CFR 747
- 12 CFR 790
- 12 CFR 791
- 12 CFR 792
- 12 CFR 793
- 12 CFR 795
- 42 USC 4311-4312
- Pub. L. 108-159
- 117 Stat. 1952
- Pub. L. 109-351
- 120 Stat. 1966
- Pub. L. 101-410
- Pub. L. 104-134
- 12 Stat. 1966
- 3 CFR 1995
Citation graph
cites case law
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Final rule; technical amendments
Pub. L.Pub. L. 105-277
Pub. L.Pub. L. 104-121
Cite12 CFR 701
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