Unknown. Interim final rule with request for comments

4,324 words·~20 min read·/register/2011/07/27/2011-18930

A 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-2011-07-27.xml --- 76 144 Wednesday, July 27, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44927-44932 2011-18789 2011-18790 Meetings: National Advisory Council Subcommittee Identifying Quality Measures for Medicaid Eligible Adults, 44932-44933 2011-18791 Agency Agency for International Development NOTICES Privacy Act;

Systems of Records, 44888-44889 2011-18981 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Authorization for Importation of Fresh Persimmon from the Republic of South Africa, 44889-44890 2011-19037 Authorization for Importation of Garlic from the European Union and Other Countries, 44890-44891 2011-19036 Plant Pest Risk Assessment, and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered for Drought Tolerance:

Monsanto Co.; Availability of Petition, 44891-44892 2011-19039 Centers Disease Centers for Disease Control and Prevention NOTICES Determination on Adding Cancer, or Certain Type of Cancer, to List of WTC-Related Health Conditions, 44933 2011-18754 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Statements of Organization, Functions, and Delegations of Authority, 44933-44934 2011-19000 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Child Care Quarterly Case Record Report, 44934 2011-18787 Five Single Source Grant Awards, 44934-44935 2011-18960 Coast Guard Coast Guard RULES Quarterly Listings: Safety Zones, Security Zones, Special Local Regulations, Drawbridge Operation Regulations and Regulated Navigation Areas, 44803-44808 2011-18933 PROPOSED RULES Security Zones: Escorted Vessels in Captain of the Port Ohio Valley Zone, 44880-44883 2011-19017 Special Local Regulations for Marine Events:

Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, Wrightsville, NC, 44877-44880 2011-19020 Commerce Commerce Department See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44894 2011-18907 Commodity Credit Commodity Credit Corporation PROPOSED RULES CCC Export Credit Guarantee Program, 44836-44855 2011-18403 Commodity Futures Commodity Futures Trading Commission RULES Provisions Common to Registered Entities, 44776-44800 2011-18661 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44987-45004 2011-19021 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulations: Payments under Time-and-Materials and Labor-Hour Contracts, 44884-44887 2011-18520 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-18994 44895-44896 2011-18997 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES California State Implementation Plans:

Placer County Air Pollution Control District and Feather River Air Quality Management District, 44809-44811 2011-18834 Exemptions from Requirement of Tolerance: Carboxymethyl guar gum sodium salt and Carboxymethyl-hydroxypropyl guar, 44811-44815 2011-18588 Pesticide Tolerances: Chlorantraniliprole, 44815-44821 2011-18708 PROPOSED RULES Emission Standards and Test Procedures: Control of Air Pollution From Aircraft and Aircraft Engines, 45012-45052 2011-17660 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State Water Quality Program Management Resource Analysis, 44904-44906 2011-18867 Amended Cancellation Orders: Foremost 4809-ES Insect-O-Fog, 44906-44907 2011-18996 Cancellation of Pesticides for Non-Payment of Year 2011 Registration Maintenance Fees, 44907-44912 2011-18706 Meetings: Science Advisory Board Scientific and Technological Achievement Awards Committee, 44912 2011-18982 Settlements: Callaway and Son Drum Service Superfund Site, Lake Alfred, FL, 44912-44913 2011-18987 Landia Chemical Co., Superfund Site, Lakeland, FL, 44912 2011-18990 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration NOTICES Intent to Carry Over Airport Improvement Program Entitlement Funds, 44978-44979 2011-18943 Federal Communications Federal Communications Commission RULES Digital Low Power Television, Television Translator, and Television Booster Stations:

Rules for Digital Class A Television Stations, 44821-44829 2011-18742 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-18963 44913-44914, 44987-45004 2011-19002 2011-19021 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: Vermont; Amendment No. 1, 44944 2011-19030 Federal Energy Federal Energy Regulatory Commission NOTICES Applications for Amendment of Licenses:

Union Electric Co., dba AmerenUE, 44896-44897 2011-18919 Applications: Columbia Gulf Transmission Co. and Energy Interchange, LLC, 44897-44898 2011-18916 Texas Eastern Transmission, LP, 44898 2011-18915 Competing Preliminary Permit Applications, etc.: FFP Missouri 17, LLC; BOST2 Hydroelectric LLC, 44899 2011-18911 Complaints: Astoria Generating Co., L.P and TC Ravenswood, LLC v. New York Independent System Operator, Inc., 44899-44900 2011-18918 Effectiveness of Exempt Wholesale Generator Status:

Yuba City Cogeneration Partners, LP; Dempsey Ridge Wind Farm, LLC; Howard Wind LLC, et al., 44900 2011-18917 Filings: Crosstex LIG, LLC, 44900-44901 2011-18921 Crosstex North Texas Pipeline, L.P., 44900 2011-18922 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Vermont Wind, LLC, 44901 2011-18910 Petitions For Enforcement: Californians for Renewable Energy, Inc. v. California Public Utilities Commission, Pacific Gas and Electric Co., etc., 44901 2011-18909 Petitions for Rate Approvals:

Kansas Gas Service, Division of ONEOK, Inc., 44901-44902 2011-18908 Preliminary Permit Applications, etc.: FFP Project 90, LLC, 44902 2011-18920 Requests under Blanket Authorizations: Gulf South Pipeline Co., LP, 44902-44903 2011-18914 Kinder Morgan Interstate Gas Transmission, LLC, 44903-44904 2011-18912 Transcontinental Gas Pipe Line Co., LLC, 44903 2011-18913 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 44914 2011-18967 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44987-45004 2011-19021 Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 44914-44915 2011-18956 Federal Trade Federal Trade Commission NOTICES Communications in Connection with Collection of Decedents Debts; Policy Statement, 44915-44924 2011-18904 Proposed Consent Agreements: Cardinal Health, Inc.; Analysis of Agreement Containing Consent Order to Aid Public Comment, 44924-44926 2011-18932 Federal Transit Federal Transit Administration NOTICES Section 5309 Discretionary Bus and Bus Facilities Program Funds;

Availability: Solicitation of Project Proposals for Veterans Transportation and Community Living Initiative Grants, 44979-44985 2011-18928 Financial Stability Oversight Council RULES Authority to Designate Financial Market Utilities as Systemically Important, 44763-44776 2011-18948 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on Petition to List Gopher Tortoise as Threatened in Eastern Portion of its Range, 45130-45162 2011-18856 Determination of Endangered Status for Ipomopsis polyantha (Pagosa Skyrocket) and Threatened Status for Penstemon debilis, etc., 45054-45075 2011-18429 PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Designation of Critical Habitat for Ipomopsis polyantha (Pagosa skyrocket), Penstemon debilis (Parachute beardtongue), and Phacelia submutica (DeBeque phacelia), 45078-45128 2011-18428 Food and Drug Food and Drug Administration PROPOSED RULES Effective Date of Requirement for Premarket Approval for an Implantable Pacemaker Pulse Generator, 44872-44877 2011-18957 NOTICES Draft Guidance for Industry and Food and Drug Administration Staff: 510(k) Device Modifications; Deciding When to Submit 510(k) for Change to Existing Device, 44935-44936 2011-18923 Food Safety Food Safety and Inspection Service PROPOSED RULES Common or Usual Name for Raw Meat and Poultry Products Containing Added Solutions, 44855-44865 2011-18793 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Locatable Minerals, 44892-44893 2011-18945 Calls For Nominations: National Urban and Community Forestry Advisory Council, 44893 2011-18950 Meetings: Pennington County Resource Advisory Committee, 44894 2011-18983 Prince William Sound Resource Advisory Committee, 44893-44894 2011-18940 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Payments under Time-and-Materials and Labor-Hour Contracts, 44884-44887 2011-18520 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Renewal of Declaration Regarding Emergency Use of Doxycycline Hyclate Tablets, etc., 44926-44927 2011-18937 Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Committee on Organ Transplantation, 44936-44937 2011-18935 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Election of Reduced Research Credit, 44800-44802 2011-18993 NOTICES Meetings:

Area 1 Taxpayer Advocacy Panel (Including States of New York, New Jersey, Connecticut, Massachusetts, et al.), 45007 2011-18998 Area 2 Taxpayer Advocacy Panel (Including States of Delaware, North Carolina, South Carolina, Maryland, et al.), 45006 2011-19001 Area 3 Taxpayer Advocacy Panel (Including States of Alabama, Georgia, Florida, Louisiana, Mississippi, Tennessee, and Puerto Rico), 45004 2011-19003 Area 4 Taxpayer Advocacy Panel (Including States of Illinois, Indiana, Kentucky, Michigan, Ohio, and Wisconsin), 45006 2011-19005 Area 5 Taxpayer Advocacy Panel (Including States of Arizona, Arkansas, Colorado, Kansas, New Mexico, et al.), 45005-45006 2011-19006 Area 6 Taxpayer Advocacy Panel (Including States of Idaho, Iowa, Minnesota, Montana, Nebraska, North Dakota, et al.), 45005 2011-19007 Area 7 Taxpayer Advocacy Panel (Including States of Alaska, California, Hawaii, and Nevada), 45005 2011-19009 Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee, 45006-45007 2011-19022 Taxpayer Advocacy Panel Joint Committee, 45006 2011-19028 Taxpayer Advocacy Panel Notice Improvement Project Committee, 45005 2011-19023 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 45007 2011-19024 Taxpayer Advocacy Panel Taxpayer Assistance Center Project Committee, 45004 2011-19018 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Project Committee, 45004-45005 2011-19025 Justice Department Justice Department See National Institute of Corrections NOTICES Lodgings of Proposed Consent Decrees, 44956 2011-18974 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alternative Method of Compliance for Certain Simplified Employee Pensions, 44961-44962 2011-18936 Report on Current Employment Statistics, 44960-44961 2011-18899 Land Land Management Bureau NOTICES Filings of Plats of Surveys: Montana, 2011-19004 44946-44947 2011-19008 North Dakota, 44946 2011-18995 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 44962 2011-19165 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations:

Payments under Time-and-Materials and Labor-Hour Contracts, 44884-44887 2011-18520 National Credit National Credit Union Administration RULES Remittance Transfers, 44761-44763 2011-18930 PROPOSED RULES Credit Union Service Organizations, 44866-44872 2011-18906 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Air Brake Systems, 44829-44834 2011-18929 National Institute Corrections National Institute of Corrections NOTICES Solicitations for Cooperative Agreements:

Correctional Health Care Executive Curriculum Development, 44956-44958 2011-18985 Quarterly Publication of `Corrections Mental Health Newsletter', 44958-44960 2011-18986 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44937-44938 2011-18970 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery; National Cancer Center, 44938-44939 2011-19027 Government-Owned Inventions;

Availability for Licensing, 44939-44942 2011-18965 2011-18966 Meetings: Center for Scientific Review, 44942 2011-18968 2011-18969 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries; Northern Area Trophy Fishery; Closure, 44834-44835 2011-19010 National Park National Park Service NOTICES Intents to Repatriate Cultural Items: University of Michigan Museum of Anthropology, Ann Arbor, MI, 44947-44948 2011-18999 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44962-44963 2011-18964 Committee Management; Renewals, 44963 2011-18934 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Domestic Licensing of Source Material - Amendments/Integrated Safety Analysis, 44865-44866 2011-18955 NOTICES Calls For Nominations: Advisory Committee on Medical Uses of Isotopes, 44963-44964 2011-18951 Meetings: ACRS Subcommittee on Radiation Protection and Nuclear Materials, 44964-44965 2011-18954 ACRS Subcommittee on U.S.

Evolutionary Power Reactor, 44964 2011-18952 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: USAJOBS; Withdrawal, 44965 2011-18973 Revision of Standard Forms 39 and 39-A, 44965 2011-18972 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Potential for Damage to Pipeline Facilities Caused by Flooding, 44985-44986 2011-19029 Presidential Documents Presidential Documents PROCLAMATIONS United Nations Security Council Travel Bans and International Economic Powers Act Sanctions;

Suspension of Entry of Aliens (Proc. 8693), 44751-44755 2011-19155 EXECUTIVE ORDERS Transnational Criminal Organizations; Blocking Property (EO 13581), 44757-44759 2011-19156 Reclamation Reclamation Bureau NOTICES Status Report of Water Service, Repayment, and Other Water-Related Contract Actions, 44948-44956 2011-18980 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 44965 2011-19130 2011-19131 Self-Regulatory Organizations; Proposed Rule Changes:

Chicago Board Options Exchange, Inc., 44972-44974 2011-18927 NASDAQ OMX BX, Inc., 44974-44976 2011-18925 NYSE Arca, Inc., 44966-44972 2011-18924 2011-18926 Sentencing Commission, United States See United States Sentencing Commission Small Business Small Business Administration NOTICES Disaster Declarations: Washington, 44976 2011-18896 Military Reservist Economic Injury Disaster Loans Interest Rate for Fourth Quarter FY 2011, 44976 2011-18897 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:

Heroic Africans - Legendary Leaders, Iconic Sculptures, 44976 2011-18979 Culturally Significant Objects Imported for Exhibition: De Kooning; Retrospective, 44977 2011-18978 Nobility and Virtue; Masterpieces of Ming Loyalist Art from Chih Lo Lou Collection, 44977 2011-18988 Meetings: Shipping Coordinating Committee, 44977-44978 2011-18977 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44942-44944 2011-18941 Surface Transportation Surface Transportation Board NOTICES Adverse Abandonments:

Stewartstown Railroad Co., York County, PA, 44986-44987 2011-18961 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44987-45004 2011-19021 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: TSA Airspace Waiver Program, 44944-44945 2011-18902 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office RULES Privacy Act; Implementation, 44802 2011-18959 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Secondary Inspections Tool, 44945-44946 2011-18900 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 45007-45008 2011-18931 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disability Benefits Questionnaires - Group 4, 45008-45009 2011-18958 Separate Parts In This Issue Part II Environmental Protection Agency, 45012-45052 2011-17660 Part III Interior Department, Fish and Wildlife Service, 45054-45075 2011-18429 Part IV Interior Department, Fish and Wildlife Service, 45078-45128 2011-18428 Part V Interior Department, Fish and Wildlife Service, 45130-45162 2011-18856 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. 76 144 Wednesday, July 27, 2011 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 701 RIN 3133-AD94 Remittance Transfers AGENCY: National Credit Union Administration (NCUA). ACTION: Interim final rule with request for comments.

SUMMARY: NCUA is amending its rules to conform to amendments made to the Federal Credit Union Act (FCU Act) by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The interim final rule adds remittance transfers, as now defined under the Electronic Fund Transfer Act (EFTA), as an example of money transfer instruments Federal credit unions

(FCUs)may provide to persons within their fields of membership. DATES: This interim final rule is effective July 27, 2011. Comments must be received by NCUA on or before September 26, 2011. ADDRESSES: You may submit comments by any of the following methods (Please send comments by one method only): • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *NCUA Web Site: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html.* Follow the instructions for submitting comments. • *E-mail:* Address to *regcomments@ncua.gov.* Include “[Your name] Comments on Interim Final Rule, Part 701, Remittance Transfers” 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: Chrisanthy Loizos, Staff Attorney, Office of General Counsel, at the above address or telephone:

(703)518-6540. SUPPLEMENTARY INFORMATION: I. Background In 2006, the Financial Services Regulatory Relief Act of 2006 (Reg Relief Act), Public Law 109-351, relieved a longstanding limitation on FCUs regarding financial services. Specifically, Section 503 of the Relief Act amended the FCU Act to permit FCUs to provide certain financial services to all persons within their fields of membership. Congress intended to allow FCUs “to sell negotiable checks, money orders, and other similar transfer instruments, including international and domestic electronic fund transfers, to anyone eligible for membership, regardless of their membership status.” S. Rpt. 109-256, p. 5; H. Rpt. 109-356 Part 1, p. 63. To implement this authority, NCUA created a new regulatory section to address the provision of financial services to persons within an FCU's field of membership and issued § 701.30 to implement Section 503. 71 FR 62875 (Oct. 27, 2006) (interim final rule); 72 FR 7927 (Feb. 22, 2007) (final rule). Section 1073 of the Dodd-Frank Act added a new Section 919 to the EFTA, entitled “Remittance Transfers.” Public Law 111-203, § 1073, 124 Stat. 2066 (2010). The new Section 919 of the EFTA creates protections for consumers who, through remittance transfer providers, send money to designated recipients located in foreign countries. 15 U.S.C. 1693o-1. Paragraph

(d)of Section 1073 of Dodd-Frank amended the FCU Act to specify that a remittance transfer, as defined by new Section 919 of the EFTA, is an example of a money transfer instrument that FCUs may sell to persons within their fields of membership. 12 U.S.C. 1757(12)(A). Section 919(g)(2) of the EFTA, defines a remittance transfer as an electronic transfer of funds requested by a sender to a designated recipient that is initiated by a remittance transfer provider, regardless of whether the sender has an account with the remittance transfer provider or whether the transfer meets the statute's definition of an EFT. 15 U.S.C. 1693o-1(g)(2). The law excludes small value transactions from the definition. Remittance transfers, typically consumer to consumer payments, may be executed through a variety of means, including international wire transfers, international automated clearing house transactions, other account-to-account or account-to-cash products, and reloadable prepaid cards. The law requires remittance transfer providers to give consumers certain disclosures, including a receipt that contains remittance transfer fees, the exchange rate to be used by the remittance transfer provider, the amount of currency to be received by the recipient and the estimated date of delivery. In addition, the law requires the sender to receive a statement that addresses error resolution rights. The Federal Reserve Board's recently proposed remittance transfer rule, which addresses disclosure requirements and error resolution, provides a detailed analysis of the services offered by remittance transfer providers. 99 FR 29902 (May 23, 2011). FCUs have had the authority to transfer funds at the request of consumers within their fields of membership to recipients internationally since the adoption of the Reg Relief Act. The amendment to the FCU Act's powers provision by the Dodd-Frank Act makes plain that FCUs may offer all variations of remittance transfers, as now defined by the EFTA, for the benefit of consumers within their fields of membership, subject to certain consumer protections. The addition of remittance transfers as an example of permissible money transfer instruments, in addition to the newly-enacted consumer disclosures and rights, demonstrate the clear intention of Congress to promote access to remittance transfers and ensure protections for consumers. Finally, Section 1073(d) of the Dodd-Frank Act adjusted Section 107(12) of the FCU Act by removing the reference to the receipt of international and domestic EFTs from subparagraph (B). As explained below, this simply eliminates a redundancy and does not affect the ability of FCUs to offer EFT services. II. Summary of the Rule Similarly to the rulemakings that implemented Section 503 of the Reg Relief Act, the NCUA Board (Board) is adopting amendments to § 701.30 that directly track the statutory provisions of Section 1073 of the Dodd-Frank Act. The Board amends paragraph

(a)of § 701.30 to include remittance transfers as defined by Section 919 of the EFTA as an example of permissible money transfer instruments. The Board also makes a corresponding amendment to paragraph

(b)to remove the language referring to an FCU's receipt of international and domestic EFTs. The Board notes the amendment to § 701.30(b) will have no effect on FCUs. The Board views the deletion of the phrase “and receive international and domestic electronic fund transfers” from the Section 107(12)(B) of the FCU Act as a housekeeping amendment. When adopting the phrase in Section 107(12)(B) through the Reg Relief Act, Congress simply clarified the authority it granted to FCUs in Section 107(12)(A). 12 U.S.C. 1757(12). Section 903 of the EFTA defines “electronic fund transfer” as “any transfer of funds * * * initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.” 15 U.S.C. 1693a(6); *see also* 12 CFR 205.3(b). By expressly authorizing FCUs “to sell” international and domestic EFTs in Section 107(12)(A) of the FCU Act, Congress permitted FCUs to send or receive funds upon instruction because, by definition, EFTs are authorizations to debit or credit an account. To read the power “to sell” EFT services separately from the ability to “receive” EFTs would be wholly inconsistent with Congressional intent to provide EFT services to persons in the field of membership, particularly for those who may not have ready and affordable access to these services. It would also be unfeasible for an FCU to offer consumers the ability to initiate transfers from their accounts but not receive EFTs. As discussed above, Congress clearly intended to promote the availability of services to consumers under Section 1073 of the Dodd-Frank Act by explicitly referencing remittance transfers services. The amendment to FCU Act Section 107(12)(B) was not meant to restrict or otherwise limit an FCU's ability to effectively provide services to consumers. III. Interim Final Rule As with the initial rulemaking adopting § 701.30, the Board is issuing this rulemaking as an interim final rule because there is a strong public interest in having advantageous and consumer-oriented rules that enhance credit union services for members and consumers. The amendments of Section 1073 of the Dodd-Frank Act are self-implementing. The rule strictly conforms to the statutory language and expressly recognizes FCU authority to provide remittance transfers to persons within their fields of membership, subject to new consumer protections. The Board finds these reasons are good cause to dispense with the 30-day delayed effective date requirement under section 553(d)(3) of the Administrative Procedure Act. Accordingly, the Board finds that, pursuant to 5 U.S.C. 553(b)(3), notice and public procedures are unnecessary and contrary to the public interest; and, pursuant to 5 U.S.C. 553(d)(3), the rule will be effective upon publication in the **Federal Register.** Although the rule is being issued as an interim final rule and is effective upon publication, the Board encourages interested parties to submit comments. IV. Regulatory Procedures 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 credit unions, defined as those under ten million dollars in assets. This rule only clarifies and improves the available services FCUs may provide to their members and persons within their fields of membership, without imposing any regulatory burden. The interim final amendments would not have a significant economic impact on a substantial number of small credit unions, and, therefore, a regulatory flexibility analysis is not required. Paperwork Reduction Act NCUA has determined that the interim final rule would not increase paperwork requirements under the Paperwork Reduction Act of 1995 and regulations of the Office of Management and Budget. 44 U.S.C. 3501 *et seq.;* 5 CFR part 1320. 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 interim final 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 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 interim final rule would 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, Public Law 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. NCUA has requested a SBREFA determination from the Office of Management and Budget, which is pending. As required by SBREFA, NCUA will file the appropriate reports with Congress and the General Accounting Office so that the interim rule may be reviewed. Agency Regulatory Goal NCUA's goal is to promulgate clear and understandable regulations that impose minimal regulatory burden. We request your comments on whether the proposed amendments are understandable and minimally intrusive if implemented as proposed. List of Subjects in 12 CFR Part 701 Credit unions. By the National Credit Union Administration Board on July 21, 2011. Mary Rupp, Secretary of the Board. For the reasons stated in the preamble, the National Credit Union Administration amends 12 CFR part 701 as set forth below: PART 701—ORGANIZATION AND OPERATION 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, and 1789. Section 701.6 is also authorized by 15 U.S.C. 3717. Section 701.31 is also authorized by 15 U.S.C. 1601 *et seq.;* 42 U.S.C. 1981 and 3601-3619. Section 701.35 is also authorized by 42 U.S.C. 4311-4312. § 701.30 [Amended] 2. Amend § 701.30 as follows: a. Add to paragraph

(a)the phrase “and remittance transfers, as defined in section 919 of the Electronic Fund Transfer Act” after the words “electronic fund transfers.” b. Remove the phrase “and receiving international and domestic electronic fund transfers” after the words “money orders” from paragraph (b). [FR Doc. 2011-18930 Filed 7-26-11; 8:45 am]

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