Unknown. Final rule

7,473 words·~34 min read·/register/2013/05/31/2013-12640

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-2013-05-31.xml --- 78 105 Friday, May 31, 2013 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32652-32654 2013-12672 Privacy Act; Systems of Records, 32654-32657 2013-12671 Air Force Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32638-32639 2013-12878 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Medical Diagnostic Equipment Accessibility Standards Advisory Committee Meeting, 32612 2013-12943 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Consumer Financial Protection Bureau of Consumer Financial Protection RULES Loan Originator Compensation Requirements under the Truth In Lending Act:

Prohibition on Financing Credit Insurance Premiums; Delay of Effective Date, 32547-32551 2013-13023 Fiscal Bureau of the Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assignment Form, 32710 2013-12990 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 32657 2013-12912 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32657-32661 2013-12934 2013-12950 Charter Renewals; Requests for Nominations: Renewal of the Advisory Panel on Outreach and Education, 32661-32663 2013-12957 Medicare Program: Closure of Teaching Hospitals and Opportunity to Apply for Available Slots, 32663-32664 2013-12952 Meetings: Advisory Panel on Outreach and Education, Medicare, Medicaid, and Children's Health Insurance Programs, 32664-32666 2013-12953 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Job Search Assistance Strategies Evaluation, 32666-32667 2013-12904 Unaccompanied Refugee Minor Placement and Outcomes Reports; ORR-3 and ORR-4, 32666 2013-12875 Coast Guard Coast Guard RULES Navigation Underway; Tankers; CFR Correction, 32556 2013-13014 Safety Zones: 2013 Ocean City Air Show, Atlantic Ocean, Ocean City, MD, 32556-32558 2013-12888 PROPOSED RULES Safety Zones: Recurring Events in Captain of the Port Duluth Zone, 32608-32612 2013-12887 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 32631-32632 2013-12901 2013-12902 Commodity Futures Commodity Futures Trading Commission RULES Procedures to Establish Appropriate Minimum Block Sizes for Large Notional Off-Facility Swaps and Block Trades, 32866-32944 2013-12133 Defense Department Defense Department See Air Force Department RULES Privacy Act; Implementation, 32554-32556 2013-12741 NOTICES Arms Sales, 32632-32634 2013-12932 Meetings: National Commission on the Structure of the Air Force, 32634-32635 2013-12951 Privacy Act;

Systems of Records, 32635-32637 2013-12876 Science and Technology Reinvention Laboratory Personnel Management Demonstration Project: Army Research, Development and Engineering Command, Edgewood Chemical Biological Center, 32637-32638 2013-12930 Education Department Education Department NOTICES Meetings: National Advisory Council on Indian Education, 32639-32640 2013-12954 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Paducah, 32640 2013-12914 Proposed Arrangements:

U.S. and Republic of Korea; Transfer of Certain Nuclear Technologies in the Course of the Joint Fuel Cycle Study, 32640-32643 2013-12694 Environmental Protection Environmental Protection Agency RULES Expedited Approval of Alternative Test Procedures for Analysis and Sampling of Contaminants, 32558-32574 2013-12729 Pesticide Tolerances: Azoxystrobin; Technical Correction, 32574-32575 2013-12750 PROPOSED RULES Significant New Uses; Modifications: 1-Propene, 2,3,3,3-tetrafluoro-, 32617-32621 2013-12779 State Implementation Plans;

Disapprovals: Montana; Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard, 32613-32617 2013-12970 NOTICES Environmental Impact Statements; Availability, etc., 32645 2013-12965 Meetings: Great Lakes Advisory Board; Teleconference, 32645-32646 2013-12962 Protection of Stratospheric Ozone: Request for Methyl Bromide Critical Use Exemption Applications for 2016, 32646-32650 2013-12968 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Turbomeca S.A. Turboshaft Engines, 32551-32553 2013-12696 Class E Airspace; Establishment: Boothbay, ME, 32553-32554 2013-12769 PROPOSED RULES Airworthiness Design Standards: AQUILA Aviation by Excellence GmbH, Model AT01, 32576-32579 2013-12176 Airworthiness Directives: Bombardier, Inc. Airplanes, 32579-32581 2013-12897 NOTICES Requests to Release Airport Properties: Fort Worth Spinks Airport, Fort Worth, TX, 32699 2013-12872 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 32650 2013-13009 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 32673-32678 2013-12920 2013-12921 Final Flood Hazard Determinations, 2013-12917 32678-32679 2013-12918 Proposed Flood Hazard Determinations, 32679-32681 2013-12919 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Corbett Water District, 32643-32644 2013-12889 Combined Filings, 32644 2013-12936 Preliminary Permit Applications:

Las Vegas Wash Hydro LLC, 32644-32645 2013-12890 Federal Maritime Federal Maritime Commission PROPOSED RULES Ocean Transportation Intermediary Licensing and Financial Responsibility Requirements, and General Duties, 32946-32978 2013-12429 NOTICES Ocean Transportation Intermediary License Applicants, 32650-32651 2013-12884 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: Department of Energy, 32700-32701 2013-12907 Trailways Companies, 32701-32703 2013-12908 Qualification of Drivers;

Exemption Applications: Diabetes Mellitus, 32704-32708 2013-12913 Vision, 32703-32704, 32708-32709 2013-12903 2013-12905 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32651-32652 2013-12931 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assignment Form, 32710 2013-12990 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants Permit Applications, 32686 2013-12895 Environmental Impact Statements;

Availability, etc.: Hunting of Migratory Birds, 32686-32688 2013-12443 Food and Drug Food and Drug Administration PROPOSED RULES Tobacco Products: Requirements for the Submission of Data Needed to Calculate User Fees for Domestic Manufacturers and Importers, 32581-32594 2013-12927 NOTICES Draft Guidance for Industry; Availability: Changes to an Approved Application; Biological Products, Human Blood and Blood Components Intended for Transfusion, etc., 32668-32669 2013-12923 Rheumatoid Arthritis;

Developing Drug Products for Treatment, 32667-32668 2013-12922 New Approaches to Antibacterial Drug Development, 32669-32670 2013-12925 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 National Institutes of Health See Substance Abuse and Mental Health Services Administration Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Revision of Freedom of Information Act Regulation, 32595-32608 2013-12604 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Condominium Project Approval Document Collection, 32681-32682 2013-12933 Federal Property Suitable as Facilities to Assist the Homeless, 32682-32686 2013-12758 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration NOTICES Requests for Nominations:

District Export Council, 32622 2013-12961 International Trade Com International Trade Commission NOTICES Complaints: Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof, 32689-32690 2013-12892 Investigations; Terminations, Modifications and Rulings: Certain Ammonium Nitrate from Ukraine, 32690 2013-12894 Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof, 32690-32691 2013-12893 Labor Department Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Realty Actions:

Segregation Terminated, Direct Sale of Public Land in San Bernardino County, CA, 32688-32689 2013-12674 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certificate of Electrical Training, 32691-32692 2013-12949 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32692-32693 2013-12906 National Credit National Credit Union Administration RULES Technical Amendments, 32541-32547 2013-12640 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 32670-32672 2013-12880 National Cancer Institute; Amendment, 32672 2013-12881 National Institute of Diabetes and Digestive and Kidney Diseases, 32672 2013-12882 National Institute of Diabetes and Digestive and Kidney Diseases; Cancellation, 32670 2013-12883 National Institute of Environmental Health Sciences, 32672 2013-12937 National Oceanic National Oceanic and Atmospheric Administration NOTICES Applications: Endangered Species; File No. 17452, 32623 2013-12946 Endangered Species;

File Nos. 17557 and 17273, 32622-32623 2013-12947 Meetings: Caribbean Fishery Management Council, 32623-32624 2013-12911 Pacific Fishery Management Council, 32626-32628 2013-12948 Western Pacific Fishery Management Council, 32624-32626 2013-12910 Western Pacific Fishery Management Council; Correction, 32628-32629 2013-12909 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32693-32695 2013-12929 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Post Allowance and Refiling, 32629-32631 2013-12879 Postal Service Postal Service PROPOSED RULES Collect on Delivery Service Features, 32612-32613 2013-12885 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 32695-32696 2013-13029 2013-13030 2013-13031 Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc., 32696 2013-12896 Trading Suspension Orders:

China Environmental Protection, Inc., 32696 2013-12989 China Properties Developments, Inc., 32696 2013-12991 Jupiter Enterprises, Inc., 32696 2013-12992 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for A, G, or NATO Visa, 32696-32697 2013-12938 Delegations of Authority, 32697-32698 2013-12942 Meetings: Shipping Coordinating Committee, 2013-12941 32698-32699 2013-12940 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32672-32673 2013-12935 Surface Transportation Surface Transportation Board NOTICES Temporary Trackage Rights Exemptions: BNSF Railway Co. from Union Pacific Railroad Co., 32709 2013-12939 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Bureau of the Fiscal Service See Fiscal Service NOTICES Meetings:

Federal Advisory Committee on Insurance, 32709-32710 2013-12877 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Inspectorate America Corp., 32681 2013-12871 Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers, 32714-32864 2013-12271 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation, 32710-32711 2013-12891 Privacy Act; Computer Matching Program, 32711 2013-12306 Separate Parts In This Issue Part II Homeland Security Department, U.S.

Customs and Border Protection, 32714-32864 2013-12271 Part III Commodity Futures Trading Commission, 32866-32944 2013-12133 Part IV Federal Maritime Commission, 32946-32978 2013-12429 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. 78 105 Friday, May 31, 2013 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Parts 700, 701, 702, 704, 707, 708a, 708b, 709, 712, 716, 723, 725, 741, 745, 748, 750, 761, 790, 791, and 792 RIN 3133-AE20 Technical Amendments AGENCY:

National Credit Union Administration (NCUA). ACTION: Final rule. SUMMARY: The NCUA Board (Board) is making a number of technical amendments to NCUA's regulations based on issues identified by staff and through NCUA's rolling, three-year regulatory review process. In addition, the Board is making a number of nomenclature changes to NCUA's regulations to reflect changes to NCUA's office structure, including the transfer of duties and the creation of the new Office of National Examinations and Supervision (ONES).

Finally, under title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act 1 (Dodd-Frank Act), rulemaking authority for a number of consumer financial protection laws were transferred from various federal regulatory agencies, including NCUA, to the Consumer Financial Protection Bureau (CFPB). As a result, the Board is now updating certain cross citations within its regulations and rescinding NCUA's rules governing the “Privacy of Consumer Financial Information” under the Gramm-Leach-Bliley Act 2 and the “Registration of Residential Mortgage Loan Originators” under the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 3 which were transferred to the CFPB. 1 Public Law 111-203, 124 Stat. 1376, 1955-2113 (2010). 2 12 U.S.C. 6801 *et seq.* 3 12 U.S.C. 5101 *et seq.* DATES:

The final rule is effective on May 31, 2013. FOR FURTHER INFORMATION CONTACT: John H. Brolin, Staff Attorney, Office of General Counsel, at 1775 Duke Street, Alexandria, VA 22314 or telephone:

(703)518-6438. SUPPLEMENTARY INFORMATION: I. Background and Purpose of the Final Rule II. Regulatory Amendments III. Regulatory Procedures I. Background and Purpose of the Final Rule Why is the NCUA Board issuing this rule? In 2012, NCUA's rolling, three-year review of its regulations identified, among other things, minor errors, duplicative definitions, and outdated regulatory provisions that could be eliminated to help update, clarify and simplify the regulations. NCUA reviews one-third of its regulations each year to “update, clarify and simplify existing regulations and eliminate redundant and unnecessary provisions.” 4 In addition, NCUA staff has identified helpful citation corrections and other minor technical amendments that could be made in other parts of NCUA's regulations. As explained in more detail in the Regulatory Amendments section below, the following technical amendments can be made without making substantive changes to the regulations: 4 NCUA Interpretive Ruling and Policy Statement

(IRPS)87-2, as amended by IRPS 03-2, and IRPS 13-1, “Developing and Reviewing Government Regulations.” • Reconcile duplicative definitions in part 700 with definitions in other parts of NCUA's regulations; • Update a cross citation in § 702.104(c); • Update a cross citation in § 709.1(c); • Update numerous cross citations in NCUA's regulations to account for the transfer of rulemaking authority by the Dodd-Frank Act for several statutes from the Board of Governors of the Federal Reserve Board

(FRB)to the CFPB. • Update §§ 792.50 and 792.51 to identify NCUA's Office of the Executive Director as the office responsible for NCUA's security procedures for classified information; and • Update the wording in § 792.51(d) to remove the citation to Executive Order 12356, which has been revoked, and instead cite more generally to appropriate Executive Orders relating to the classification of national security information. In July 2012, the Board approved a restructuring of NCUA's central office. This restructuring consisted of transferring certain functions and renaming the Office of Corporate Credit Unions (OCCU), which is now referred to as ONES. ONES has taken over the responsibilities of OCCU for corporate credit unions and, beginning January 1, 2014, will oversee examinations and supervision issues related to consumer credit unions with assets greater than $10 billion. In addition to the amendments described above, the Board is also amending various parts of NCUA's regulations to conform them to match the current central and field office structure. In 2010, President Obama signed into law the Dodd-Frank Act. The Dodd-Frank Act substantially changed the federal legal framework with respect to consumer financial protection regulation. Among the many changes, title X of the Dodd-Frank Act transferred to the CFPB NCUA's rulemaking authority under the Gramm-Leach-Bliley Act and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008. 5 As a result, NCUA is rescinding the following two rules, which have been republished as interim final rules by the CFPB: 5 12 U.S.C. 5101 *et seq.* • Privacy of Consumer Financial Information, 12 CFR part 716 (republished by the CFPB at 12 CFR part 1016); 6 and 6 *See* 76 FR 79025 (Dec. 21, 2011). • Registration of Residential Mortgage Loan Originators, 12 CFR part 761 (republished by the CFPB at 12 CFR part 1007). 7 7 *See* 76 FR 78483 (Dec. 19, 2011). To assist federally insured credit unions, the rescinded parts of NCUA's regulations will retain their original heading and be amended to include a cross citation to the CFPB's republished version of the regulation. II. Regulatory Amendments 1. Parts 700, 704, 707, 712, 725, 750, 791, and 792—Amendments To Clarify Definitions *Alternative definitions.* This final rule amends § 700.1 to clarify that the definitions in § 700.2 apply to the terms used in chapter VII, “unless the context indicates otherwise.” The change is intended to clarify that in situations where a term is defined in § 700.2 and an alternative definition is also provided in a specific section or part, the alternative definition in the section or part controls over the general definition provided in § 700.2 or elsewhere in part 700. For example, § 700.2 generally defines the term “Act” as the Federal Credit Union Act. Part 760 of NCUA's regulations governing “loans in areas having special flood hazards,” however, specifically defines the term “Act” for purposes of only that particular part as “the National Flood Insurance Act.” Reading the definition of Act provided in part 760 in context, it is clear that for purposes of that part, “Act” means the National Flood Insurance Act even though part 700 provides a different definition for the term for purposes of chapter VII. *Definition of “state.”* This final rule amends § 700.2 to remove the “Panama Canal Zone” from the definition of “state,” as the Panama Canal Zone is no longer a territory or possession of the United States. In addition, the rule removes the duplicative, redundant definitions of the term “state” in §§ 704.2 and 707.2(v). *Duplicative definition of “Board.”* Section 700.2 defines the term “Board” for purposes of 12 CFR chapter VII as “the Board of the National Credit Union Administration.” This final rule amends §§ 707.2(e), 725.2(n), and 791.10(b) to remove substantially similar duplicative definitions of the term “Board” provided in those sections. *Duplicative definition of “paid-in and unimpaired capital and surplus.”* Section 700.2 defines the term “paid-in and unimpaired capital and surplus” for purposes of 12 CFR chapter VII. This final rule amends § 712.2(d)(1) to remove a substantially similar duplicative definition of that term. *Duplicative definition of the term “Act.”* Section 700.2 defines the term “Act” for purposes of 12 CFR chapter VII. This final rule amends § 750.1(a) to remove a substantially similar duplicative definition of the term Act. 2. Parts 700, 701, 704, 708a, 708b, 723, 741, 750, and 790—Adjustments to NCUA's Central and Field Office Structure As discussed above, the Board is amending various parts of NCUA's regulations to conform them to match the current central and field office structure. Many of the changes involve nomenclature changes, which simply retitle the “Office of Corporate Credit Unions” as the “Office of National Examinations and Supervision.” However, as discussed in more detail below, this final rule also makes other changes related to the transfers of responsibility. *Amended definition of “Regional Office” and “Regional Director.”* This final rule amends the definition of “Regional Office” in § 700.2 to clarify that for credit unions with $10 billion or more in assets, “Regional Office” means the “Office of National Examinations and Supervision.” This final rule also removes the description of the Office of Corporate Credit Unions from § 790.2(b)(14) and amends and restructures § 790.2(c) to include a description of the “Office of National Examinations and Supervision.” Similarly, this final rule amends the definitions of “Regional Director” in §§ 700.2, 702.2(a), 708a.101, and 708a.301 for credit unions with $10 billion or more in assets, so that “Regional Director” means the “Director of the Office of National Examinations and Supervision.” *Amendments to “Security Procedures for Classified Information.”* This final rule updates subpart D under part 792 governing “security procedures for classified information” in response to a central office restructuring approved by the Board in November 2009 as part of the fiscal year 2010 and 2011 operating and capital budgets. The restructuring transferred the responsibilities for handling classified information to NCUA's Executive Director. Accordingly, this final rule primarily amends §§ 792.50 and 792.51 by updating the description of NCUA's internal procedures and replacing the references to the “Chief Financial Officer” and “Chief Financial Officer's” designee with references to the “Executive Director” and the “Executive Director's” designee. In addition, this final rule amends § 792.51(d) to revise an outdated reference to Executive Order 12356, which has been revoked. 8 As amended, § 792.51(d) provides in relevant part: “The Executive Director shall require each such employee to review applicable Executive Orders on the classification of National Security Information.” 8 EO 12356 (April 2, 1982) was revoked by EO 12958 (April 17, 1995), which was then revoked by the current Executive Order “Classified National Security Information,” EO 13526 (Dec. 29, 2009). 3. Part 716—Privacy of Consumer Financial Information As discussed above, in response to changes made by the Dodd-Frank Act, this final rule rescinds 12 CFR part 716, which has been republished by the CFPB at 12 CFR part 1016. 9 To assist credit unions in locating part 1016, rescinded part 716 will retain its original heading and include a cross cite to the CFPB's rules governing the privacy of consumer financial information (Regulation P). 9 *See* 76 FR 79025 (Dec. 21, 2011). 4. Part 745—Rescission of Unlimited Insurance for Noninterest-Bearing Transaction Accounts Section 343 of the Dodd-Frank Act provided that, on a temporary basis, NCUA would fully insure the net amount that any member or depositor at an insured credit union maintained in a noninterest-bearing transaction account. NCUA amended part 745 of its regulations to implement these temporary statutory changes through a final rule that became effective on June 24, 2011. 10 Consistent with the sunset provisions in Dodd-Frank Act section 343(b)(3) and § 745.14 of NCUA's regulations, NCUA is rescinding its regulations implementing the temporary expanded insurance coverage granted under Dodd-Frank Act section 343(b)(1). In particular, the rule removes the definition of “noninterest-bearing transaction account” in § 745.1(f), and removes § 745.14 governing noninterest-bearing transaction accounts. The Board notes, however, that these accounts continue to be insured under other provisions of part 745. 10 *See* 76 FR 30250 (May 25, 2011). 5. Part 761—Registration of Residential Mortgage Loan Originators As discussed above, in response to changes made by the Dodd-Frank Act, this final rule rescinds 12 CFR part 761, which has been republished by the CFPB at 12 CFR part 1007. 11 To assist credit unions in locating part 1007, rescinded part 761 will retain its original heading and include a cross cite to the CFPB's rules governing the federal registration of residential mortgage loan originators (Regulation G). 11 *See* 76 FR 79025 (Dec. 21, 2011). 6. Parts 701, 702, 709, 741, and 748—Updates to Cross Citations *Cross cites to CFPB regulations.* The rule updates several cross citations to rescinded parts 716 and 761. *Cross cite to definitions section of 12 CFR part 703.* This final rule also amends § 702.104(c) by removing the cross citation to the definition of investments at 12 CFR 703.150, the former definitions section to part 703, and replaces it with a cross cite to the current definition of investments at 12 CFR 703.2. 12 12 *See* 68 FR 32958 (June 3, 2003) (Final rule amending the 12 CFR part 703 by, among other things, relocating § 703.150 to § 703.2). *Cross cite to definitions section of 12 CFR part 700.* This final rule amends § 709(c) by updating the cross citation to the definition of the term insolvent at § 700.1(c), which was moved by a final rule issued in 2001 13 to its current location at 12 CFR 700.2. 13 *See* 66 FR 65622 (Dec. 20, 2001). III. 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 entities (primarily those under $50 million in assets). NCUA certifies that these technical amendments will not have a significant economic impact on a substantial number of small credit unions. Paperwork Reduction Act The Paperwork Reduction Act of 1995

(PRA)applies to rulemakings in which an agency by rule creates a new paperwork burden on regulated entities or modifies an existing burden. 14 For purposes of the PRA, a paperwork burden may take the form of either a reporting or a recordkeeping requirement, both referred to as information collections. NCUA has determined that the technical amendments in this final rule do not increase the paperwork requirements under PRA or regulations of the Office of Management and Budget. 14 44 U.S.C. 3507(d); 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. 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 final rule will 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 final rule does not constitute a policy that has federalism implications for purposes of the executive order. *Assessment of Federal Regulations and Policies on Families* NCUA has determined that this final rule will not affect family well-being within the meaning of Section 654 of the Treasury and General Government Appropriations Act, 1999. 15 15 Public Law 105-277, 112 Stat. 2681 (1998). Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 16 (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 Administrative Procedure Act (APA). 17 NCUA has submitted this rule to the Office of Management and Budget for it to determine if the final rule is a “major rule” for purposes of SBREFA. NCUA does not believe the rule is major. 16 Public Law 104-121, 110 Stat. 857 (1996). 17 5 U.S.C. 551. *Final Rule* Generally, the APA requires a federal agency to provide the public with notice and the opportunity to comment on agency rulemakings. The amendments in this rule are non-substantive and technical topics, or involve only matters relating to management and personnel and are exempt from APA notice and comment requirements. 18 They reflect changes to NCUA's organizational structure, remove duplicative language, make minor changes updating cross citations, and make minor changes which are statutorily required by the Dodd-Frank Act. The APA permits an agency to forego the notice and comment period under certain circumstances, such as when a rulemaking is technical and non-substantive. NCUA finds that, in this instance, notice and public comment are unnecessary under section 553(b)(3)(B) of the APA. 19 NCUA also finds good cause to dispense with the 30-day delayed effective date requirement under section 553(d)(3) of the APA. 20 The rule, therefore, will be effective immediately upon publication. 18 5 U.S.C. 553(a)(2) and 553(b)(3)(B). 19 5 U.S.C. 553(b)(3)(B). 20 5 U.S.C. 553(d)(3). List of Subjects 12 CFR Part 700 Credit unions. 12 CFR Part 702 Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 707 Advertising, Credit unions, Reporting and recordkeeping requirements, Truth in savings. 12 CFR Part 708a Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 712 Administrative practice and procedure, Credit unions, Investments, Reporting and recordkeeping requirements. 12 CFR Part 716 Consumer protection, Credit unions, Privacy, Reporting and recordkeeping requirements. 12 CFR Part 725 Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 745 Administrative practice and procedure, Claims, Credit unions, Share insurance. 12 CFR Part 750 Credit unions, Golden parachute payments, Indemnity payments. 12 CFR Part 761 Consumer protection, Credit unions, Registration of mortgage loan originators. 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. By the National Credit Union Administration Board on May 16, 2013. Mary Rupp, Secretary of the Board. For the reasons discussed above, NCUA Board amends 12 CFR parts 700, 701, 702, 704, 707, 708a, 708b, 709, 712, 716, 723, 725, 741, 745, 748, 750, 761, 790, 791, and 792 as follows: PART 700—DEFINITIONS 1. The authority citation for part 700 continues to read as follows: Authority: 12 U.S.C. 1752, 1757(6), 1766. 2. Revise § 700.1 to read as follows: § 700.1 Scope. The definitions in § 700.2 apply to terms used in this chapter unless the context indicates otherwise. Many additional definitions appear in the parts where the terms are used. 3. Amend § 700.2 by revising the definitions of “Regional Director”; “Regional Office”; and “State” to read as follows: § 700.2 Definitions. *Regional Director* means the representative of the Administration in the designated geographical area in which the office of the federal credit union is located or, for federal credit unions with $10 billion or more in assets, the Director of the Office of National Examinations and Supervision. *Regional Office* means the office of the Administration located in the designated geographical areas in which the office of the federal credit union is located or, for federal credit unions with $10 billion or more in assets, the Office of National Examinations and Supervision. *State* means a state of the United States, the District of Columbia, any of the several territories and possessions of the United States, and the Commonwealth of Puerto Rico. PART 701—ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS 4. 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. 3717. Section 701.31 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. § 701.3 [Amended] 5. Amend § 701.3(d)(3) by removing the words “§ 716.3 of this part” and adding in their place the words “12 CFR 1016.3”. § 701.14 [Amended] 6. Amend § 701.14(c)(3)(i) by removing the words “Office of Corporate Credit Unions” wherever they appear and adding in their place the words “Office of National Examinations and Supervision”. Appendix B to Part 701 [Amended] 7. Amend paragraph 1.IX. of appendix B to part 701 by removing the words “Office of Corporate Credit Unions” and adding in their place the words “Office of National Examinations and Supervision”. PART 702—PROMPT CORRECTIVE ACTION 8. The authority citation for part 702 continues to read as follows: Authority: 12 U.S.C. 1766(a), 1790d. 9. Revise § 702.2(a) to read as follows: § 702.2 Definitions.

(a)*Appropriate Regional Director* means the director of the NCUA Regional Office having jurisdiction over federally insured credit unions in the state where the affected credit union is principally located or, for credit unions with $10 billion or more in assets, the Director of the Office of National Examinations and Supervision. § 702.104 [Amended] 10. Amend § 702.104(c) by removing the words “12 CFR 703.150” and adding in their place the words “12 CFR 703.2”. PART 704—CORPORATE CREDIT UNIONS 11. The authority citation for part 704 continues to read as follows: Authority: 12 U.S.C. 1766(a), 1781, 1789. § 704.2 [Amended] 12. Amend § 704.2 by removing the definition of *State.* § 704.10 [Amended] 13. Amend § 704.10 by removing the words “OCCU Director” the first place they appear and adding in their place the words “Director of the Office of National Examinations and Supervision (ONES)”; and by removing the term “OCCU” wherever it appears and adding in its place the term “ONES”. § 704.12 [Amended] 14. Amend § 704.12(b) by removing the words “OCCU Director” wherever they appear and adding in their place the words “Director of the Office of National Examinations and Supervision”. PART 707—TRUTH IN SAVINGS 15. The authority citation for part 707 continues to read as follows: Authority: 12 U.S.C. 4311. § 707.2 [Amended] 16. Amend § 707.2 as follows: a. Remove paragraph

(e)and redesignate paragraphs

(f)through

(u)as paragraphs

(e)through (t). b. Remove paragraph

(v)and redesignate paragraphs

(w)through

(z)as paragraphs

(u)through (x). PART 708a—BANK CONVERSIONS AND MERGERS 17. The authority citation for part 708a continues to read as follows: Authority: 12 U.S.C. 1766, 1785(b), and 1785(c). 18. Amend § 708a.101 by revising the definition of “Regional Director” to read as follows: § 708a.101 Definitions. *Regional Director* means either the director of the NCUA Regional Office for the region where a natural person credit union's main office is located or the director of the NCUA's Office of Consumer Protection. For corporate credit unions and natural person credit unions with $10 billion or more in assets, *Regional Director* means the director of NCUA's Office of National Examinations and Supervision. 19. Amend § 708a.301 by revising the definition of “Regional Director” to read as follows: § 708a.301 Definitions. *Regional Director* means the director of the NCUA Regional Office for the region where a natural person credit union's main office is located. For corporate credit unions and natural person credit unions with $10 billion or more in assets, *Regional Director* means the Director of NCUA's Office of National Examinations and Supervision. PART 708b—MERGERS OF FEDERALLY INSURED CREDIT UNIONS; VOLUNTARY TERMINATION OR CONVERSION OF INSURED STATUS 20. The authority citation for part 708b continues to read as follows: Authority: 12 U.S.C. 1752(7), 1766, 1785, 1786, 1789. § 708b.2 [Amended] 21. Amend § 708b.2 by removing the words “Office of Corporate Credit Unions” from the definition of *Regional director* and adding in their place the words “Office of National Examinations and Supervision”. PART 709—INVOLUNTARY LIQUIDATION OF FEDERAL CREDIT UNIONS AND ADJUDICATION OF CREDITOR CLAIMS INVOLVING FEDERALLY INSURED CREDIT UNIONS IN LIQUIDATION 22. 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. § 709.1 [Amended] 23. Amend § 709.1(c) by removing “§ 700.1(e)(1)” and adding in its place “§ 700.2”. PART 712—CREDIT UNION SERVICE ORGANIZATIONS (CUSOs) 24. 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. § 712.2 [Amended] 25. Amend § 712.2 by removing paragraph (d)(1) and redesignating paragraphs (d)(2) and (d)(3) as paragraphs (d)(1) and (d)(2), respectively. 26. Revise part 716 to read as follows: PART 716—PRIVACY OF CONSUMER FINANCIAL INFORMATION Authority: 15 U.S.C. 6801 et seq., 12 U.S.C. 1751 et seq. § 716.1 Cross reference. The rules formerly at 12 CFR part 716 have been republished by the Consumer Financial Protection Bureau at 12 CFR part 1016, “Privacy of Consumer Financial Information (Regulation P)”. PART 723—MEMBER BUSINESS LOANS 27. The authority citation for part 723 continues to read as follows: Authority: 12 U.S.C. 1756, 1757, 1757A, 1766, 1785, 1789. § 723.11 [Amended] 28. Amend the introductory text to § 723.11 by removing the words “Office of Corporate Credit Unions” wherever they appear and adding in their place the words “Office of National Examinations and Supervision”. § 723.12 [Amended] 29. Amend the introductory text to § 723.12 by removing the words “Office of Corporate Credit Unions” and adding in their place the words “Office of National Examinations and Supervision”. § 723.13 [Amended] 30. Amend § 723.13 by removing the words “Office of Corporate Credit Unions” and adding in their place the words “Office of National Examinations and Supervision”. § 723.16 [Amended] 31. Amend § 723.16(b)(3) by removing the words “Office of Corporate Credit Unions” wherever they appear and adding in their place the words “Office of National Examinations and Supervision”. PART 725—NATIONAL CREDIT UNION ADMINISTRATION CENTRAL LIQUIDITY FACILITY 32. The authority citation for part 725 continues to read as follows: Authority: Secs. 301-307 Federal Credit Union Act, 92 Stat. 3719-3722 (12 U.S.C. 1795-1795f). § 725.2 [Amended] 33. Amend § 725.2 by removing paragraph

(n)and redesignating paragraphs

(o)through

(q)as paragraphs

(n)through (p). PART 741—REQUIREMENTS FOR INSURANCE 34. 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. § 741.6 [Amended] 35. Amend § 741.6(a) introductory text by removing the words “Office of Corporate Credit Unions” and adding in their place the words “Office of National Examinations and Supervision”. § 741.8 [Amended] 36. Amend § 741.8(c) by removing the words “Office of Corporate Credit Unions” and adding in their place the words “Office of National Examinations and Supervision”. § 741.220 [Amended] 37. Amend § 741.220 by removing the words “part 716 of this chapter” and adding in their place the words “part 1016 of this title (Regulation P)”. § 741.223 [Amended] 38. Amend § 741.223 by removing the words “part 761 of this chapter” and adding in their place the words “part 1007 of this title (Regulation G)”. PART 745—SHARE INSURANCE AND APPENDIX 39. 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. § 745.1 [Amended] 40. Amend § 745.1 by removing paragraph (f). § 745.14 [Removed] 41. Remove § 745.14. PART 748—SECURITY PROGRAM, REPORT OF SUSPECTED CRIMES, SUSPICIOUS TRANSACTIONS, CATASTROPHIC ACTS AND BANK SECRECY ACT COMPLIANCE 42. The authority citation for part 748 continues to read as follows: Authority: 12 U.S.C. 1766(a), 1786(q); 15 U.S.C. 6801-6809; 31 U.S.C. 5311 and 5318. Appendix A to Part 748 [Amended] 43. Amend appendix A to part 748 as follows: a. In paragraph I.B.1., remove the words “12 CFR part 716” and add in their place the words “12 CFR part 1016”. b. In paragraph I.B.2.c., remove the words “12 CFR 716.3(n)” and add in their place the words “12 CFR 1016.3(n)”. c. In paragraph I.B.2.d., remove the words “12 CFR 716.3(q)” and add in their place the words “12 CFR 1016.3(p)”. d. In paragraph II.B., remove the words “12 CFR 716.1(a)(3)” and add in their place the words “12 CFR 1016.1(a)(3)”. PART 750—GOLDEN PARACHUTE AND INDEMNIFICATION PAYMENTS 44. The authority citation for part 750 continues to read as follows: Authority: 12 U.S.C. 1786(t). § 750.1 [Amended] 45. Amend § 750.1 by removing paragraph

(a)and redesignating paragraphs

(b)through

(k)as paragraphs

(a)through (j). § 750.6 [Amended] 46. Amend § 750.6(a) by removing the words “Office of Corporate Credit Unions” and adding in their place the words “Office of National Examinations and Supervision”. 47. Revise part 761 to read as follows: PART 761—REGISTRATION OF RESIDENTIAL MORTGAGE LOAN ORIGINATORS Authority: 12 U.S.C. 1751 *et seq.* and 5101 *et seq.* § 761.1 Cross reference. The rules formerly at 12 CFR part 761 have been republished by the Consumer Financial Protection Bureau at 12 CFR part 1007, “S.A.F.E. Mortgage Licensing Act—Federal Registration of Residential Mortgage Loan Originators (Regulation G)”. PART 790—DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION 48. The authority citation for part 790 continues to read as follows: Authority: 12 U.S.C. 1766, 1789, 1795f. 49. Amend § 790.2 as follows: a. Revise the section heading. b. Remove paragraph (b)(14) and redesignate paragraphs (b)(15) through (b)(17) as paragraphs (b)(14) through (b)(16). c. Revise paragraph (c). The revisions read as follows: § 790.2 Central and field office organization.

(c)*Field Offices.* NCUA's programs are conducted through Regional Offices and the Office of National Examinations and Supervision.

(1)*Regional Offices.*

(i)The NCUA has five Regional Offices: Region No. Area within region Office address I Connecticut, Maine, Massachusetts, Michigan, New Hampshire, New York, Rhode Island, Vermont 9 Washington Square, Washington Avenue Extension, Albany, NY 12205-5512. II Delaware, District of Columbia, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia, California 1900 Duke St., Suite 300, Alexandria, VA 22314-3498. III Alabama, Florida, Georgia, Indiana, Kentucky, Mississippi, North Carolina, Ohio, Puerto Rico, South Carolina, Tennessee, Virgin Islands 7000 Central Parkway, Suite 1600, Atlanta, GA 30328-4598. IV Arkansas, Illinois, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin 4807 Spicewood Springs Road, Suite 5200, Austin, TX 78759-8490. V Alaska, Arizona, American Samoa, Colorado, Guam, Hawaii, Idaho, Montana , Nevada, New Mexico, Oregon, Utah, Washington, Wyoming 1230 W. Washington Street, Suite 301, Tempe, AZ 85281.

(ii)A Regional Director is in charge of each Regional Office. The Regional Director manages NCUA's programs in the Region assigned in accordance with established policies. A Regional Director's duties include: directing examination and supervision programs to promote and assure safety and soundness; assisting other offices in chartering and insurance issues; managing regional resources to meet program objectives in the most economical and practical manner; and maintaining good public relations with public, private, and governmental organizations, federal credit union officials, credit union organizations, and other groups which have an interest in credit union matters in the assigned region. The Regional Director maintains liaison and cooperation with other regional offices of federal departments and agencies, state agencies, city and county officials, and other governmental units that affect credit unions. The Regional Director is aided by an Associate Regional Director for Operations and Associate Regional Director for Programs. Staff working in the Regional Office report to the Associate Regional Director for Operations. Each region is divided into examiner districts, each assigned to a Supervisory Credit Union Examiner; groups of examiners are directed by a Supervisory Credit Union Examiner, each of whom in turn reports directly to the Associate Regional Director for Programs.

(2)*Office of National Examination and Supervision.* Similar to a Regional Director, the Director of the Office of National Examinations and Supervision manages NCUA's program for corporate credit unions and oversees the activities of natural person credit unions with assets totaling $10 billion or more, in accordance with established policies. The Director's duties include directing chartering, insurance, examination, and supervision programs to promote and assure safety and soundness; managing office resources to meet program objectives in the most economical and practical manner; and maintaining good public relations with public, private and governmental organizations, credit union officials, credit union organizations, and other groups which have an interest in credit union matters in the assigned office. The Director maintains liaison and cooperation with other regional offices of federal departments and agencies, state agencies, city and county officials, and other governmental units that affect credit unions. The Director is aided by a Deputy Director. Staff working in the office report to the Director of Supervision, who in turn reports to the Deputy Director. Field staff is divided into examiner districts, each assigned to a National Field Supervisor; groups of examiners are directed by a National Field Supervisor, each of whom in turn reports directly to the Deputy Director. PART 791—RULES OF NCUA BOARD PROCEDURE; PROMULGATION OF NCUA RULES AND REGULATIONS; PUBLIC OBSERVATION OF NCUA BOARD MEETINGS 50. The authority citation for part 791 continues to read as follows: Authority: 12 U.S.C. 1766, 1789 and 5 U.S.C. 552b. § 791.10 [Amended] 51. Amend § 791.10 by removing paragraph

(b)and redesignating paragraphs

(c)through

(g)as paragraphs

(b)through (f). PART 792—REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR CLASSIFIED INFORMATION 52. 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. § 792.50 [Amended] 53. Amend § 792.50 by removing the words “Chief Financial Officer” wherever they appear and adding in their place the words “Executive Director”. 54. Revise §§ 792.51(a) through

(d)to read as follows: § 792.51 Procedures.

(a)*Mandatory review.* All declassification requests made by a member of the public, by a government employee or by an agency shall be handled by the Executive Director or the Executive Director's designee. Under no circumstances shall the Executive Director refuse to confirm the existence or nonexistence of a document under the Freedom of Information Act or the mandatory review provisions of other applicable law, unless the fact of its existence or nonexistence would itself be classifiable under applicable law. Although NCUA has no authority to classify or declassify information, it occasionally handles information classified by another agency. The Executive Director shall refer all declassification requests to the agency that originally classified the information. The Executive Director or the Executive Director's designee shall notify the requesting person or agency that the request has been referred to the originating agency and that all further inquiries and appeals must be made directly to the other agency.

(b)*Handling and safeguarding national security information.* All information classified “Top Secret,” “Secret,” and “Confidential” shall be delivered to the Executive Director or the Executive Director's designee immediately upon receipt. The Executive Director shall advise those who may come into possession of such information of the name of the current designee. If the Executive Director is unavailable, the designee shall lock the documents, unopened, in the combination safe located in the secure facility of the Office of the Executive Director. If the Executive Director or the Executive Director's designee is unavailable to receive such documents, the documents shall be delivered in accordance with NCUA's mail handling procedures for classified information. Under no circumstances shall classified materials that cannot be delivered to the Executive Director or the Executive Director's designee be stored in a location other than in the safe designated by the Executive Director for information classified “Top Secret,” “Secret,” and “Confidential.”

(c)*Storage.* All classified documents shall be stored in the safe designated by the Executive Director for information classified “Top Secret,” “Secret,” and “Confidential.” The combination shall be known only to the Executive Director and the Executive Director's designee holding the proper security clearance.

(d)*Employee education.*

(1)The Executive Director shall send a memo to every NCUA employee who:

(i)Has a security clearance; and

(ii)May handle classified materials.

(2)This memo shall describe NCUA procedures for handling, reproducing and storing classified documents. The Executive Director shall require each such employee to review applicable Executive Orders on the classification of national security information. [FR Doc. 2013-12640 Filed 5-30-13; 8:45 am]

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U.S. Code