Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-11-30.xml --- 76 230 Wednesday, November 30, 2011 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74064-74067 2011-30832 2011-30833 2011-30841 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs:

Hospital Outpatient Prospective Payment; Ambulatory Surgical Center Payment; Hospital Value-Based Purchasing Program; Physician Self-Referral; and Patient Notification Requirements in Provider Agreements, 74122-74584 2011-28612 NOTICES Medicare Program: New Application Deadline for Advance Payment Model, 74067-74068 2011-30845 Civil Rights Civil Rights Commission NOTICES Meetings: Maine State Advisory Committee, 74040 2011-30823 Coast Guard Coast Guard RULES Drawbridge Operations:

Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA, 73998-74000 2011-30636 Special Local Regulations: Orange Bowl International Youth Regatta, Biscayne Bay, Miami, FL, 73996-73998 2011-30713 NOTICES Meetings: Guidance on Domestic Implementation of International Standards for Oceangoing Barges Carrying Noxious Liquid Substances, 74068-74069 2011-30864 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 74048-74049 2011-30847 Employment and Training Employment and Training Administration NOTICES Random Assignment Study to Evaluate YouthBuild Program, 74076 2011-30834 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office NOTICES National Coal Council; Renewal, 74049 2011-30836 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Measured Building Energy Performance Data Taxonomy, 74050-74051 2011-30837 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans;

Designation of Areas for Air Quality Planning: Baton Rouge, LA Area; Redesignation to Attainment for the 1997 8-Hour Ozone Standard, 74000-74003 2011-30785 PROPOSED RULES Approvals and Promulgations of Implementation Plans; Volatile Organic Compound Emission Control Measures: Chicago and Metro-East St. Louis Ozone Nonattainment Areas, 74014-74017 2011-30844 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74051-74053 2011-30862 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Protection of Stratospheric Ozone, 74055-74057 2011-30855 Reporting Requirements under Environmental Protection Agency's Climate Leaders Partnership; Renewal, 74053-74055 2011-30850 Clean Water Act Section 303(d); Availability of List Decisions, 74057-74058 2011-30848 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Meetings: Advisory Committee, 74058 2011-30669 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Boeing Co. Airplanes, 74012-74013 2011-30821 Learjet Inc. Model 60 Airplanes, 74010-74012 2011-30822 Federal Communications Federal Communications Commission PROPOSED RULES Consumer Information and Disclosure; Truth-in-Billing and Billing Format: Empowering Consumers to Prevent and Detect Billing for Unauthorized Charges, 74017-74018 2011-30783 NOTICES Suspensions and Initiations of Debarment Proceedings, 74058-74060 2011-30784 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 74060 2011-30804 Ocean Transportation Intermediary Licenses;

Applicants, 74060-74061 2011-30803 Federal Railroad Federal Railroad Administration RULES Railroad Workplace Safety: Adjacent-Track On-Track Safety for Roadway Workers, 74586-74620 2011-30250 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Southern Selkirk Mountains Population of Woodland Caribou (Rangifer tarandus caribou), 74018-74038 2011-30451 NOTICES Endangered and Threatened Species; Permits, 74070-74072 2011-30828 Endangered and Threatened Wildlife and Plants;

Incidental Take Permit Applications, etc: Kaheawa Pastures Wind Energy Generation Facility, Maui County, HI, 74072-74073 2011-30824 Food and Drug Food and Drug Administration NOTICES Approaches to Reducing Sodium Consumption; Establishment of Dockets: Request for Comments, Data, and Information; Extension of Comment Period, 74039-74040 2011-30865 Food Safety Food Safety and Inspection Service NOTICES Approaches to Reducing Sodium Consumption; Establishment of Dockets: Request for Comments, Data, and Information;

Extension of Comment Period, 74039-74040 2011-30865 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Federal Financial Participation in State Assistance Expenditures; Federal Matching Shares for Medicaid, etc.: October 1, 2012 through September 30, 2013, 74061-74063 2011-30860 Mandatory Guidelines for Federal Workplace Drug Testing Programs:

Approval of Entities that Certify Medical Review Officers, 74063-74064 2011-30846 Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Recruitment of Private-Sector Members: Emerging Technology and Research Advisory Committee, 74040-74041 2011-30439 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau NOTICES Environmental Assessments; Availability, etc.: Central Utah Project Completion Act;

Block Notice 1A Heber Sub-Area Agricultural Water to Municipal and Industrial Water Conversion, 74069 2011-30825 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74116-74117 2011-30799 2011-30800 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation Project, 74117-74119 2011-30797 2011-30801 2011-30802 Revenue Procedure 97-15, 74118 2011-30791 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Amendments, Extensions, etc.: Honey from Argentina, 74044-74045 2011-30859 Request for Revocation in Part, 74041-74044 2011-30857 Applications for Duty-Free Entry of Scientific Instruments, 74045-74046 2011-30858 Justice Department Justice Department NOTICES Meetings: Office on Violence Against Women, 74075-74076 2011-30541 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Filings of Plats: Colorado, 74073-74074 2011-30826 Millenium Millennium Challenge Corporation NOTICES Meetings;

Sunshine Act, 74077 2011-30917 National Credit National Credit Union Administration RULES Golden Parachute and Indemnification Payments: Technical Correction, 73994-73996 2011-30313 Remittance Transfers, 73993-73994 2011-30365 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Adjustments to the Atlantic Bluefin Tuna General and Harpoon Category, 74003-74009 2011-30726 Fisheries of Northeastern United States: Bluefish Fishery;

Quota Transfer, 74009 2011-30852 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Resources of the Gulf of Mexico, Commercial Reef Fish Fishery of the Gulf of Mexico; Control Date, 74038 2011-30854 NOTICES Environmental Impact Statements; Availability, etc.: Snapper-Grouper Fishery off Southern Atlantic States; Amendments 18A, 18B, 18C, 20A, and 20B, 74046-74048 2011-30853 Fishing Capacity Reduction Program: Longline Catcher Processor Subsector of Bering Sea and Aleutian Islands Non Pollock Groundfish Fishery, 74048 2011-30851 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 74077 2011-30908 2011-30915 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Medical Uses of Isotopes, 74077-74078 2011-30863 Postal Regulatory Postal Regulatory Commission NOTICES Standard Mail Market Tests, 74078 2011-30829 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 74078-74079 2011-30962 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.:

Federal Advisory Committees; Continuance (EO 13591), 74621-74624 2011-30990 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Windy Gap Firming Project, Colorado, 74074-74075 2011-30827 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 74079-74080, 74086-74088 2011-30742 2011-30811 BATS Y-Exchange, Inc., 74107-74108 2011-30812 C2 Options Exchange, Inc., 74097-74099 2011-30820 Chicago Board Options Exchange, Inc., 74111-74113 2011-30819 Chicago Stock Exchange, Inc., 74088-74090 2011-30813 EDGA Exchange, Inc., 74092-74093, 74101-74103 2011-30817 2011-30830 EDGX Exchange, Inc., 74090-74091, 74093-74095 2011-30818 2011-30831 Financial Industry Regulatory Authority, Inc., 74105-74107 2011-30814 International Securities Exchange, LLC, 74095-74097 2011-30815 NASDAQ OMX BX, Inc., 74109-74111 2011-30810 NASDAQ OMX PHLX LLC, 74113-74115 2011-30808 NASDAQ Stock Market LLC, 74084-74086 2011-30809 National Stock Exchange, Inc., 74103-74105 2011-30816 New York Stock Exchange LLC, 74080-74082 2011-30805 NYSE Amex LLC, 74082-74084 2011-30806 NYSE Arca, Inc., 74099-74101 2011-30807 Small Business Small Business Administration NOTICES Disaster Declarations:

Connecticut, 74115 2011-30498 Requests for Exemptions: Emergence Capital Partners SBIC, L.P., 74115 2011-30604 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Alabama and Florida Railway Co., Inc., etc. from Mississippi Tennessee Holdings, LLC and Mississippi Tennessee Railroad, LLC, 74116 2011-30840 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 74122-74584 2011-28612 Part III Transportation Department, Federal Railroad Administration, 74586-74620 2011-30250 Part IV Presidential Documents, 74621-74624 2011-30990 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. 76 230 Wednesday, November 30, 2011 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 701 RIN 3133-AD94 Remittance Transfers AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule. 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 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: Effective on November 30, 2011 NCUA is adopting the interim final rule published on July 27, 2011, 76 FR 44761, without change. 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 II. Summary of Public Comments III. Final Rule IV. Regulatory Procedures I. Background 1 1 President Obama signed the Plain Writing Act of 2010 (Pub. L. 111-274) into law on October 13, 2010 “to improve the effectiveness and accountability of federal agencies to the public by promoting clear Government communication that the public can understand and use.” This preamble is written to meet plain writing objectives. Why is NCUA adopting this rule? Since 2006, FCUs have had the authority to provide certain financial services to all persons within their fields of membership under the Financial Services Regulatory Relief Act of 2006 (Reg Relief Act), Public Law 109-351. 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. As a result, NCUA created a rule, § 701.30, to address an FCU's authority to provide financial services to persons within its field of membership. 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 electronic funds transfer (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 Board of Governors of the Federal Reserve proposed a remittance transfer rule, which addresses disclosure requirements and error resolution, and provides a detailed analysis of the services offered by remittance transfer providers. 99 FR 29902 (May 23, 2011). The Consumer Financial Protection Bureau assumed responsibility for issuing the final remittance transfer rule after the close of the comment period on July 22, 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. What changes did the interim final rule make? In the interim final rule, the NCUA Board (Board) amended § 701.30 to directly track the statutory provisions of Section 1073 of the Dodd-Frank Act. 76 FR 44761 (Jul. 27, 2011). The Board added remittance transfers as defined by Section 919 of the EFTA as an example of permissible money transfer instruments in paragraph (a). The Board also amended 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 Congress adopted the phrase in Section 107(12)(B) through the Reg Relief Act, it 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 allowing 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. II. Summary of Public Comments In response to the Board's request for comments, NCUA received only one comment letter. The commenter, a credit union trade association, fully supported the interim rule and the Board's reading of Section 1073 of the Dodd-Frank Act. The commenter agreed the Dodd-Frank Act did not change FCUs' authorized business activities but simply added “remittance transfers,” as now defined by and regulated under the EFTA, as an example of a type of international electronic funds transfer service. The commenter also had the understanding that Congress's deletion from FCU Act Section 107(12) of the express authority for persons within the field of membership to receive electronic funds transfers was simply to remove redundant language and has no substantive effect. III. Final Rule As discussed above, the Board is adopting the interim final rule published on July 27, 2011, 76 FR 44761, without change. IV. Regulatory Procedures Regulatory Flexibility Act NCUA must prepare an analysis to describe any significant economic impact a proposed rule may have on a substantial number of small entities (primarily those under ten million dollars in assets) the Regulatory Flexibility Act. This proposed rule reduces compliance burden and extends regulatory relief while maintaining existing safety and soundness standards. NCUA has determined this rule will not have a significant economic impact on a substantial number of small credit unions, so NCUA is not required to conduct a regulatory flexibility analysis. 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. NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order to adhere to fundamental federalism principles. This would not have a substantial direct effect 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 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 When NCUA issues a final rule, as defined in the Section 551 of the Administrative Procedure Act, it triggers a reporting requirement for congressional review of agency rules, under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121 (SBREFA). The Office of Management and Budget has determined that this rule is not a major rule for purposes of SBREFA. List of Subjects in 12 CFR Part 701 Credit unions. By the National Credit Union Administration Board on November 17, 2011. Mary Rupp, Secretary of the Board. PART 701—ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS Accordingly, the interim final amending 12 CFR part 701 which was published at 76 FR 44761 on July 27, 2011, is adopted as a final rule without change. [FR Doc. 2011-30365 Filed 11-29-11; 8:45 am]

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