Unknown. Final rule; technical amendment

2,332 words·~11 min read·/register/2012/10/25/2012-26132

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-10-25.xml --- 77 207 Thursday, October 25, 2012 Contents Agriculture Agriculture Department See Forest Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65191-65194 2012-26268 2012-26272 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65194-65195 2012-26314 Award of Four Single-Source Program Expansion Supplement Grants:

Tribal Early Learning Initiative, 65195-65196 2012-26302 Awards of Single-Source Program Expansion Supplement Grants: Regents of the Board of the University of Michigan in Ann Arbor, MI, 65196-65197 2012-26305 Research Foundation of CUNY on behalf of Hunter College School of Social Work, New York, NY, 65197-65198 2012-26303 Tribal Law and Policy Institute in West Hollywood, CA, 65196 2012-26244 University of Oklahoma, Tulsa, OK, 65197 2012-26304 Civil Rights Civil Rights Commission NOTICES Meetings:

Illinois Advisory Committee, 65170 2012-26280 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission RULES Adjustment of Civil Monetary Penalties for Inflation, 65100-65103 2012-26090 NOTICES Swap Data Repositories: Interpretative Statement Regarding the Confidentiality and Indemnification Provisions of Section 21(d) of the Commodity Exchange Act, 65177-65182 2012-26298 Consumer Product Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 65182 2012-26369 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65182-65185 2012-26287 2012-26290 2012-26293 Defense Department Defense Department NOTICES Arms Sales, 65185-65187 2012-26271 Economic Development Economic Development Administration NOTICES Petitions for Determinations of Eligibility to Apply for Trade Adjustment Assistance, 65170-65171 2012-26267 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans:

Texas; Revisions to the New Source Review State Implementation Plan, etc., 65119-65125 2012-26094 Approvals and Promulgations of Implementation Plans: Georgia; Infrastructure Requirements for 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 65125-65132 2012-25855 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5): Amendment to the Definition of “Regulated NSR Pollutant” Concerning Condensable Particulate Matter, 65107-65119 2012-25978 National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources;

Stay, 65135-65136 2012-26285 Revisions to State Implementation Plans: California; Mojave Desert Air Quality Management District, 65133-65135 2012-26212 PROPOSED RULES Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: New Hampshire; Redesignation of the Southern New Hampshire 1997 8-hour Ozone Nonattainment Area, 65151-65164 2012-26210 Findings of Substantial Inadequacy of Implementation Plans: Call for California State Implementation Plan Revision;

South Coast, 65151 2012-26286 NOTICES Meetings: National Environmental Justice Advisory Council, 65189 2012-26321 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 65189-65190 2012-26282 Farm Credit Farm Credit Administration RULES Board Policy Statements, 65098-65099 2012-26255 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 65146-65148 2012-26264 Embraer S.A. Airplanes, 65144-65146 2012-26263 Intertechnique Aircraft Systems, 65148-65150 2012-26266 Pratt and Whitney Canada Corp.

Turboshaft Engines, 65142-65144 2012-26277 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 65190 2012-26401 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2012-26270 65187-65188 2012-26275 Filings: Western Area Power Administration, 65188-65189 2012-26269 Federal Reserve Federal Reserve System RULES Reimbursement to Financial Institutions for Providing Financial Records: Recordkeeping Requirements for Certain Financial Records, 65097-65098 2012-26132 NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 65190 2012-26297 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 65190 2012-26296 Federal Trade Federal Trade Commission RULES Rules of Practice: Correction, 65099-65100 2012-26170 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Migratory Bird Subsistence Harvest Household Survey, 65201-65203 2012-26262 Bald Eagle Post-Delisting Monitoring, 65200-65201 2012-26260 Wolf-Livestock Demonstration Project Grant Program, 65203-65204 2012-26261 Food and Drug Food and Drug Administration PROPOSED RULES Withdrawal of Color Additive Petition:

Cryovac North America, 65150-65151 2012-26242 NOTICES Generic Drug User Fee: Abbreviated New Drug Application, Prior Approval Supplement, and Drug Master File Fee Rates for Fiscal Year 2013, 65198-65199 2012-26256 Backlog Fee Rate for Fiscal Year 2013, 65199-65200 2012-26257 Forest Forest Service RULES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Forest and Open Space Conservation Program, 65103 2012-26247 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Visitor Permit and Visitor Registration Card, 65166-65167 2012-26246 Environmental Impact Statements; Availability, etc.: Blacksmith Ecological Restoration Project, Eldorado National Forest, Placer and El Dorado Counties, CA, 65167-65169 2012-26276 Extension of Certain Timber Sale Contracts: Finding of Substantial Overriding Public Interest, 65169-65170 2012-26245 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration NOTICES Meetings:

HIT Policy Committee, 65191 2012-26301 National Committee on Vital and Health Statistics, 65190-65191 2012-26228 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Fresh Garlic from the People's Republic of China, 65171-65172 2012-26310 Antidumping Duty Investigations; Results, Extensions, Amendments, etc.: Hardwood and Decorative Plywood from the People's Republic of China, 65172-65176 2012-26221 International Trade Com International Trade Commission NOTICES Five-Year Reviews:

Honey from China, 65204 2012-26265 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Equal Employment Opportunity Plan Certification of Compliance and Short Form, 65204-65205 2012-26278 Lodging of Proposed Consent Decrees under CERCLA, 65205-65206 2012-26250 Merit Merit Systems Protection Board NOTICES Privacy Act; Systems of Records, 65206-65208 2012-26241 NASA National Aeronautics and Space Administration RULES Use of Centennial of Flight Commission Name:

Correction, 65099 2012-26273 National Credit National Credit Union Administration PROPOSED RULES Designation of Low-income Status: Acceptance of Secondary Capital Accounts by Low-Income Designated Credit Unions, 65139-65141 2012-26129 Prompt Corrective Action, Requirements for Insurance, and Promulgation of NCUA Rules and Regulations: Extension of Public Comment Period, 65141-65142 2012-26313 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Black Sea Bass Fishery; Recreational Quota Harvested, 65136 2012-26238 NOTICES Meetings: Science Advisory Board, 65176-65177 2012-26249 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Temporary Storage of Spent Fuel after Cessation of Reactor Operation: Consideration of Environmental Impacts; Public Meetings, 65137-65139 2012-26295 NOTICES Applications for Approval: Proposed Indirect Transfer of Control of Construction Authorization for Mixed Oxide Fuel Fabrication Facility, Aiken, SC, 65208-65210 2012-26300 Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information, Effective Immediately:

Licensee Identified in Attachment 1 and All Other Persons Who Seek or Obtain Access to Safeguards Information Described Herein, 65210-65215 2012-26292 Order Imposing Requirements for the Protection of Certain Safeguards Information, Effective Immediately: Licensee Identified in Attachment 1 and All Other Persons Who Obtain Safeguards Information Described Herein, 65215-65220 2012-26288 Order Imposing Trustworthiness and Reliability Requirements for Unescorted Access to Certain Radioactive Material Effective Immediately, 65220-65231 2012-26299 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product and Related Negotiated Service Agreement, 65231-65233 2012-26251 2012-26252 Postal Service Postal Service RULES Rules of Practice in Proceedings Relative to Administrative Offsets Initiated Against Former Employees of the Postal Service, 65103-65107 2012-26248 Public Debt Public Debt Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65247-65248 2012-26258 2012-26259 Senior Executive Service Performance Review Board, 65248-65249 2012-26291 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65233-65234 2012-26254 Cancellations of Registrations of Certain Investment Advisers, 65234-65237 2012-26234 Meetings; Sunshine Act, 65237 2012-26402 Self-Regulatory Organizations; Proposed Rule Changes:

Chicago Board Options Exchange, Inc., 65241-65244 2012-26279 NASDAQ Stock Market LLC, 65237-65241 2012-26253 Suspension of Trading Orders: Fearless International, Inc.; Glassmaster Co.; Global Entertainment Holdings/Equities, Inc., et al., 65244 2012-26357 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Smart Traveler Enrollment Program, 65244-65245 2012-26306 Culturally Significant Objects Imported for Exhibitions:

Late Roman and Early Byzantine Treasures From The British Museum, 65245 2012-26312 Portrait of Spain; Masterpieces from the Prado, 65245 2012-26309 Privacy Act; Systems of Records, 65245-65247 2012-26307 Transportation Department Transportation Department See Federal Aviation Administration PROPOSED RULES Disadvantaged Business Enterprise: Program Implementation Modifications, 65164-65165 2012-26160 Treasury Treasury Department See Public Debt Bureau 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. 77 207 Thursday, October 25, 2012 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 219 [Regulation S; Docket No. R-1444] RIN 7100 AD 91 Reimbursement to Financial Institutions for Providing Financial Records; Recordkeeping Requirements for Certain Financial Records AGENCY:

Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. SUMMARY: The Board of Governors (Board) is amending its regulation which governs recordkeeping and reporting requirements for funds transfers and transmittals of funds, to conform the citations and references to organizational changes adopted by the Director of the Financial Crimes Enforcement Network (FinCEN) in 2010. DATES: The final rule will become effective November 26, 2012. FOR FURTHER INFORMATION CONTACT:

Dena L. Milligan, Attorney,

(202)452-3900, Legal Division. For the hearing impaired only, Telecommunication Device for the Deaf (TDD),

(202)263-4869. SUPPLEMENTARY INFORMATION: The statutory framework generally referred to as the Bank Secrecy Act

(BSA)authorizes the Secretary of the Treasury to require financial institutions to keep records and file reports that the Secretary determines have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. 1 The Annunzio-Wylie Anti-Money Laundering Act of 1992 (Pub. L. 102-550) (Annunzio-Wylie) amended the BSA to authorize the Treasury and the Board jointly to prescribe regulations to require banks and nonbank financial institutions to maintain records regarding domestic and international funds transfers and transmittals of funds if the Secretary and the Board determine that the maintenance of records has a high degree of usefulness in the criminal, tax, or regulatory investigations or proceedings. 2 1 The BSA is codified at 12 U.S.C. 1829b and 1951-1959, and 31 U.S.C. 5311-5329. 2 12 U.S.C. 1829b(b). On January 3, 1995, the Secretary and the Board jointly issued a rule that requires banks and nonbank financial institutions to collect and retain certain information on funds transfers and transmittals of funds (“recordkeeping rule”). 3 To minimize potential confusion by affected entities regarding the scope of the joint recordkeeping rule and the rule's interaction with other anti-money laundering regulations, the substantive requirements of the recordkeeping rule were codified in 31 CFR part 103 with other BSA regulations. At the same time, the Board separately adopted the recordkeeping rule's requirements by adding existing subpart B to Regulation S. Subpart B incorporates the recordkeeping rule's requirements by cross-referencing the jointly prescribed requirements then located in 31 CFR part 103, rather than restating the requirements in full. 4 3 60 FR 220 (Jan. 3, 1995). 4 60 FR 232 (Jan. 3, 1995). In October 2010, FinCEN moved the BSA regulations, including those implementing the recordkeeping rule, from 31 CFR part 103 to new Chapter X of Title 31 of the CFR. 5 Within the new Chapter X, FinCEN reorganized the BSA regulations by financial industry to make it easier to find regulatory requirements. With respect to the cross-references in Regulation S, 31 CFR 103.11 was redesignated as 31 CFR 1010.100, 31 CFR 103.33(e) was redesignated as 31 CFR 1020.410(a), and 31 CFR 103.33(f) was redesignated as 31 CFR 1010.410(e). 6 5 The Secretary delegated to the Director of the Financial Crimes Enforcement Network (FinCEN), the authority to implement, administer, and enforce compliance with the BSA and associated regulations. Treasury Order 180-01 (Sept. 26, 2002). 6 75 FR 65806 (Oct. 26, 2010). The Board is amending the cross-references in subpart B of its Regulation S to conform the references to the reorganized BSA regulations. These amendments do not have any effect on the substantive requirements imposed by Regulation S. Administrative Procedure Act In accordance with section 553(b) the Administrative Procedures Act

(APA)(5 U.S.C. 553(b)), the Board finds, for good cause, that providing an opportunity for public comment is unnecessary. The amendments are solely technical amendments that revise citations to conform to a previous reorganization of BSA regulations in the CFR. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), the Board has reviewed the final rule under authority delegated to the Board by the Office of Management and Budget. The technical amendments to Regulation S will revise the cross-references to conform to a previous reorganization of BSA regulations in the CFR. The amendments do not change any substantive requirements of the regulation or currently approved information collections. Therefore, no additional paperwork burden will be imposed as a result of this rulemaking. List of Subjects in 12 CFR Part 219 Banks, Banking, Currency, Reporting and recordkeeping requirements, Foreign banking. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR part 219 as follows: PART 219—REIMBURSEMENT FOR PROVIDING FINANCIAL RECORDS; RECORDKEEPING REQUIREMENTS FOR CERTAIN FINANCIAL RECORDS (REGULATION S) 1. The authority citation for part 219 continues to read as follows: Authority: 12 U.S.C. 3415. § 219.21 [Amended] 2. Section 219.21 is amended as follows: a. Remove “31 CFR 103.11 and 103.33(e) and (f)” and add in its place “31 CFR 1010.100, 1010.410(e), and 1020.410(a)”; and b. Remove “31 CFR 103.33(e) or (f)” and add in its place “31 CFR 1010.410(e) or 1020.410(a).” § 219.22 [Amended] 3. Section 219.22 is amended by removing “31 CFR 103.11” and adding in its place “31 CFR 1010.100.” § 219.23 [Amended] 4. Section 219.23 is amended as follows: a. In paragraph (a), remove “31 CFR 103.33(e)” and add in its place “31 CFR 1020.410(a)” wherever it appears; b. In paragraph (b), remove “31 CFR 103.33(f)” and add in its place “31 CFR 1010.410(e)” wherever it appears. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, October 18, 2012. Robert deV. Frierson, Secretary of the Board. [FR Doc. 2012-26132 Filed 10-24-12; 8:45 am]

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