Procedures for Monitoring Bank Secrecy Act Compliance and Fair Credit Reporting: Technical Amendments, 14793-14794 [2011-6460]
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Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations
hereunder, including such records as
are necessary to verify any reports
required. Such records shall be retained
for at least two years beyond the fiscal
period of their applicability.
(b) Each importer of dairy products
shall maintain and make available for
inspection by the Secretary such books
and records to verify that provisions
pursuant to § 1150.152(b) have been
carried out correctly, including
verification that correct amounts were
paid based upon milk solids content of
the imported dairy products. Such
records shall be retained for at least two
years beyond the calendar period of
their applicability. Such information
may include but not be limited to
invoices, packing slips, bills of lading,
laboratory test results, and letters from
the manufacturer on the manufacturer’s
letterhead stating the milk solids
content of imported dairy products.
■ 21 Section 1150.187 is revised to read
as follows:
§ 1150.187 Paperwork Reduction Act
assigned number.
The information collection and
recordkeeping requirements contained
in §§ 1150.133, 1150.152, 1150.153,
1150.171, 1150.172, and 1150.273 of
these regulations (7 CFR part 1150) have
been approved by the Office of
Management and Budget (OMB) under
the provisions of 44 U.S.C. chapter 35
and have been assigned OMB Control
Number 0581–0093 as appropriate.
Dated: March 14, 2011.
David R. Shipman,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2011–6322 Filed 3–17–11; 8:45 am]
BILLING CODE 3410–02–P
12 CFR Parts 326 and 334
RIN 3064–AD76
Procedures for Monitoring Bank
Secrecy Act Compliance and Fair
Credit Reporting: Technical
Amendments
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Final rule.
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY:
The FDIC is adopting a final
rule to update cross-references in its
anti-money laundering program and
Fair Credit Reporting Act rules, to
conform to changes in the numbering of
the Department of the Treasury’s rules
that implement the Bank Secrecy Act.
VerDate Mar<15>2010
13:29 Mar 17, 2011
Jkt 223001
Effective March 18, 2011.
FOR FURTHER INFORMATION CONTACT:
Division of Risk Management
Supervision and Consumer Protection:
Debra Novak (202) 898–6641; Legal
Division: Carl Gold, Counsel, (202) 898–
8702; Richard M. Schwartz, Counsel,
(202) 898–7424.
As
required by section 8(s) of the Federal
Deposit Insurance Act, 12 U.S.C.
1818(s), the FDIC’s regulation, 12 CFR
326.8, requires every State nonmember
bank to establish and maintain
procedures reasonably designed to
assure and monitor its compliance with
the requirements of the Bank Secrecy
Act (‘‘BSA’’), 31 U.S.C. 5311 et seq., and
the regulations implementing that
statute (‘‘BSA regulations’’). In addition,
the FDIC has regulations, 12 CFR part
334, which implement the Fair Credit
Reporting Act, 15 U.S.C. 1681 et seq.
The Financial Crimes Enforcement
Network (FinCEN), an arm of the
Department of the Treasury, recently
amended the BSA regulations to
reorganize and move them from 31 CFR
Part 103 to Chapter X of Title 31 of the
CFR. 75 FR 65806 et seq. (Oct. 26, 2010).
Effective March 1, 2010, the BSA
regulations governing State nonmember
banks (as well as other federally-insured
depository institutions) are contained in
31 CFR part 1010 et seq.
To conform to this change, the FDIC
is amending a general cross-reference to
the BSA regulations in 12 CFR 326.8,
and specific cross-references to the
Customer Identification Program (‘‘CIP’’),
31 CFR 103.121, in 12 CFR 326.8, 12
CFR 334.82, and Appendix J to Part 334.
The CIP regulation, which is
substantively unchanged, is now found
at 31 CFR 1020.220.
SUPPLEMENTARY INFORMATION:
Administrative Procedure Act
FEDERAL DEPOSIT INSURANCE
CORPORATION
SUMMARY:
DATES:
The Administrative Procedure Act,
5 U.S.C. 553(b) provides that a final
regulation may be issued without prior
notice or an opportunity for comment
when the agency for good cause finds
(and incorporates the finding and a brief
statement of reasons therefor in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest. The FDIC finds that good cause
exists as the regulatory amendments are
nonsubstantive, and therefore notice
and public procedure are unnecessary.
5 U.S.C. 553(d) provides that the
required publication or service of a
substantive rule shall be made not less
than 30 days before its effective date,
with some exceptions. Since this is not
a substantive rule, the rule is effective
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
14793
immediately upon publication in the
Federal Register.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
does not apply to a rulemaking where a
general notice of proposed rulemaking
is not required. See 5 U.S.C. 603 and
604. As noted previously in the
SUPPLEMENTARY INFORMATION section, the
FDIC has determined, for good cause,
that it is unnecessary to publish a notice
of proposed rulemaking for this final
rule. Accordingly, the RFA’s
requirements relating to an initial and
final regulatory flexibility analysis do
not apply.
Paperwork Reduction Act
There are no information collection
requirements in this final rule.
List of Subjects in 12 CFR Parts 326 and
334
Banks, banking, Currency, Insured
nonmember banks, Reporting and
recordkeeping requirements.
For the reasons set out in the
preamble, the FDIC hereby amends 12
CFR chapter III as follows:
PART 326—MINIMUM SECURITY
DEVICES AND PROCEDURES AND
BANK SECRECY ACT COMPLIANCE
1. The authority citation for part 326
continues to read as follows:
■
Authority: 12 U.S.C. 1813, 1815, 1817,
1818, 1819 (Tenth), 1881–1883; 31 U.S.C.
5311–5314 and 5316–5332.2.
■
2. Revise § 326.8 to read as follows:
§ 326.8
Bank Security Act compliance.
(a) Purpose. This subpart is issued to
assure that all insured nonmember
banks as defined in 12 CFR 326.1
establish and maintain procedures
reasonably designed to assure and
monitor their compliance with the
requirements of subchapter II of chapter
53 of title 31, United States Code, and
the implementing regulations
promulgated thereunder by the
Department of Treasury at 31 CFR
Chapter X.
(b) Compliance procedures—
(1) Program requirement. Each bank
shall develop and provide for the
continued administration of a program
reasonably designed to assure and
monitor compliance with recordkeeping
and reporting requirements set forth in
subchapter II of chapter 53 of title 31,
United States Code, and the
implementing regulations issued by the
Department of Treasury at 31 CFR
Chapter X. The compliance program
shall be written, approved by the bank’s
E:\FR\FM\18MRR1.SGM
18MRR1
14794
Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations
board of directors, and noted in the
minutes.
(2) Customer identification program.
Each bank is subject to the requirements
of 31 U.S.C. 5318(l) and the
implementing regulation jointly
promulgated by the FDIC and the
Department of the Treasury at 31 CFR
1020.220.
PART 334—FAIR CREDIT REPORTING
3. The authority citation for part 334
continues to read:
■
4. In § 334.82, revise paragraph
(c)(2)(i)(A) to read as follows:
■
§ 334.82 Duties of users regarding address
descrepancies.
*
*
*
*
*
(c) * * *
(2) * * *
(i) * * *
(A) Obtains and uses to verify the
consumer’s identity in accordance with
the requirements of the Customer
Identification Program (CIP) rules
implementing 31 U.S.C. 5318(l) (31 CFR
1020.220);
*
*
*
*
*
5. In Appendix J to Part 334, revise
Section III, paragraph (a) to read as
follows:
■
Appendix J to Part 334—Interagency
Guidelines on Identity Theft Detection,
Prevention, and Mitigation
*
*
*
*
III. Detecting Red Flags
*
*
*
*
*
(a) Obtaining identifying information
about, and verifying the identity of, a person
opening a covered account, for example,
using the policies and procedures regarding
identification and verification set forth in the
Customer Identification Program rules
implementing 31 U.S.C. 5318(l) (31 CFR
1020.220); and
WReier-Aviles on DSKGBLS3C1PROD with RULES
*
*
*
*
*
Dated at Washington, DC, this 15th day of
March 2011.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011–6460 Filed 3–17–11; 8:45 am]
BILLING CODE 6714–01–P
VerDate Mar<15>2010
13:29 Mar 17, 2011
Jkt 223001
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM436; Special Conditions No.
25–421–SC]
Special Conditions: Boeing Model
747–8 Airplanes, Systems and Data
Networks Security—Isolation or
Protection From Unauthorized
Passenger Domain Systems Access
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
Authority: 12 U.S.C. 1818, 1819 (Tenth)
and 1831 p–1; 15 U.S.C. 1681a, 1681b, 1681c,
1681m, 1681s, 1681s–3, 1681t, 1681w, 6801
and 6805, Pub. L. 108–159, 117 Stat. 1952.
*
DEPARTMENT OF TRANSPORTATION
These special conditions are
issued for Boeing Model 747–8
airplanes. This airplane will have novel
or unusual design features associated
with connectivity of the passenger
domain computer systems to the
airplane critical systems and data
networks. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for these
design features. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: Effective Date: April 18, 2011
FOR FURTHER INFORMATION CONTACT: Will
Struck, FAA, Airplane and Flight Crew
Interface Branch, ANM–111, Transport
Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2764;
facsimile (425) 227–1149.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 4, 2005, The Boeing
Company, P.O. Box 3707, Seattle, WA
98124, applied for an amendment to
Type Certificate Number A20WE to
include the new Model 747–8 passenger
airplane. The Model 747–8 is a
derivative of the 747–400. The Model
747–8 is a four-engine jet transport
airplane that will have a maximum
takeoff weight of 970,000 pounds and
new General Electric GEnx-2B67
engines. The Model 747–8 will have two
flight crew and the capacity to carry 605
passengers.
Type Certification Basis
Under the provisions of Title 14 Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the Model
747–8 (hereafter referred to as the 747–
8) continues to meet the applicable
provisions of 14 CFR part 25, as
amended by Amendments 25–1 through
25–117, except for §§ 25.809 and 25.812,
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
which will remain at Amendment
25–115. These regulations will be
incorporated into Type Certificate No.
A20WE after type certification approval
of the 747–8.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., part 25) do not contain adequate or
appropriate safety standards for the
747–8 because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
incorporate the same novel or unusual
design feature, the special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the 747–8 must comply with
the fuel vent and exhaust emission
requirements of 14 CFR part 34 and the
noise certification requirements of 14
CFR part 36.
Special conditions, as defined in
§ 11.19, are issued under § 11.38, and
become part of the type certification
basis under § 21.101.
Novel or Unusual Design Features
The Boeing Model 747–8 airplane will
incorporate the following novel or
unusual design features: Digital systems
architecture composed of several
connected networks. The network
architecture would be used for a diverse
set of functions, including:
1. Flight-safety related control,
communication, and navigation systems
(Aircraft Control Domain),
2. Airline business and administrative
support (Airline Information Domain),
3. Passenger information and
entertainment systems (Passenger
Entertainment Domain), and
4. The capability to allow access to or
by external network sources.
Discussion of Comments
Notice of proposed special conditions
No. 25–10–01–SC for the Boeing Model
747–8 airplane was published in the
Federal Register on December 9, 2010
(75 FR 76647). No comments were
received and the special conditions are
adopted as proposed.
Applicability
As discussed above, these special
conditions are applicable to Boeing
E:\FR\FM\18MRR1.SGM
18MRR1
]]>Agencies
[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Rules and Regulations]
[Pages 14793-14794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6460]
=======================================================================
-----------------------------------------------------------------------
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Parts 326 and 334
RIN 3064-AD76
Procedures for Monitoring Bank Secrecy Act Compliance and Fair
Credit Reporting: Technical Amendments
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FDIC is adopting a final rule to update cross-references
in its anti-money laundering program and Fair Credit Reporting Act
rules, to conform to changes in the numbering of the Department of the
Treasury's rules that implement the Bank Secrecy Act.
DATES: Effective March 18, 2011.
FOR FURTHER INFORMATION CONTACT: Division of Risk Management
Supervision and Consumer Protection: Debra Novak (202) 898-6641; Legal
Division: Carl Gold, Counsel, (202) 898-8702; Richard M. Schwartz,
Counsel, (202) 898-7424.
SUPPLEMENTARY INFORMATION: As required by section 8(s) of the Federal
Deposit Insurance Act, 12 U.S.C. 1818(s), the FDIC's regulation, 12 CFR
326.8, requires every State nonmember bank to establish and maintain
procedures reasonably designed to assure and monitor its compliance
with the requirements of the Bank Secrecy Act (``BSA''), 31 U.S.C. 5311
et seq., and the regulations implementing that statute (``BSA
regulations''). In addition, the FDIC has regulations, 12 CFR part 334,
which implement the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.
The Financial Crimes Enforcement Network (FinCEN), an arm of the
Department of the Treasury, recently amended the BSA regulations to
reorganize and move them from 31 CFR Part 103 to Chapter X of Title 31
of the CFR. 75 FR 65806 et seq. (Oct. 26, 2010). Effective March 1,
2010, the BSA regulations governing State nonmember banks (as well as
other federally-insured depository institutions) are contained in 31
CFR part 1010 et seq.
To conform to this change, the FDIC is amending a general cross-
reference to the BSA regulations in 12 CFR 326.8, and specific cross-
references to the Customer Identification Program (``CIP''), 31 CFR
103.121, in 12 CFR 326.8, 12 CFR 334.82, and Appendix J to Part 334.
The CIP regulation, which is substantively unchanged, is now found at
31 CFR 1020.220.
Administrative Procedure Act
The Administrative Procedure Act, 5 U.S.C. 553(b) provides that a
final regulation may be issued without prior notice or an opportunity
for comment when the agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest. The FDIC finds that
good cause exists as the regulatory amendments are nonsubstantive, and
therefore notice and public procedure are unnecessary. 5 U.S.C. 553(d)
provides that the required publication or service of a substantive rule
shall be made not less than 30 days before its effective date, with
some exceptions. Since this is not a substantive rule, the rule is
effective immediately upon publication in the Federal Register.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) does not apply to a rulemaking
where a general notice of proposed rulemaking is not required. See 5
U.S.C. 603 and 604. As noted previously in the SUPPLEMENTARY
INFORMATION section, the FDIC has determined, for good cause, that it
is unnecessary to publish a notice of proposed rulemaking for this
final rule. Accordingly, the RFA's requirements relating to an initial
and final regulatory flexibility analysis do not apply.
Paperwork Reduction Act
There are no information collection requirements in this final
rule.
List of Subjects in 12 CFR Parts 326 and 334
Banks, banking, Currency, Insured nonmember banks, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the FDIC hereby amends 12
CFR chapter III as follows:
PART 326--MINIMUM SECURITY DEVICES AND PROCEDURES AND BANK SECRECY
ACT COMPLIANCE
0
1. The authority citation for part 326 continues to read as follows:
Authority: 12 U.S.C. 1813, 1815, 1817, 1818, 1819 (Tenth),
1881-1883; 31 U.S.C. 5311-5314 and 5316-5332.2.
0
2. Revise Sec. 326.8 to read as follows:
Sec. 326.8 Bank Security Act compliance.
(a) Purpose. This subpart is issued to assure that all insured
nonmember banks as defined in 12 CFR 326.1 establish and maintain
procedures reasonably designed to assure and monitor their compliance
with the requirements of subchapter II of chapter 53 of title 31,
United States Code, and the implementing regulations promulgated
thereunder by the Department of Treasury at 31 CFR Chapter X.
(b) Compliance procedures-- (1) Program requirement. Each bank
shall develop and provide for the continued administration of a program
reasonably designed to assure and monitor compliance with recordkeeping
and reporting requirements set forth in subchapter II of chapter 53 of
title 31, United States Code, and the implementing regulations issued
by the Department of Treasury at 31 CFR Chapter X. The compliance
program shall be written, approved by the bank's
[[Page 14794]]
board of directors, and noted in the minutes.
(2) Customer identification program. Each bank is subject to the
requirements of 31 U.S.C. 5318(l) and the implementing regulation
jointly promulgated by the FDIC and the Department of the Treasury at
31 CFR 1020.220.
PART 334--FAIR CREDIT REPORTING
0
3. The authority citation for part 334 continues to read:
Authority: 12 U.S.C. 1818, 1819 (Tenth) and 1831 p-1; 15 U.S.C.
1681a, 1681b, 1681c, 1681m, 1681s, 1681s-3, 1681t, 1681w, 6801 and
6805, Pub. L. 108-159, 117 Stat. 1952.
0
4. In Sec. 334.82, revise paragraph (c)(2)(i)(A) to read as follows:
Sec. 334.82 Duties of users regarding address descrepancies.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(A) Obtains and uses to verify the consumer's identity in
accordance with the requirements of the Customer Identification Program
(CIP) rules implementing 31 U.S.C. 5318(l) (31 CFR 1020.220);
* * * * *
0
5. In Appendix J to Part 334, revise Section III, paragraph (a) to read
as follows:
Appendix J to Part 334--Interagency Guidelines on Identity Theft
Detection, Prevention, and Mitigation
* * * * *
III. Detecting Red Flags
* * * * *
(a) Obtaining identifying information about, and verifying the
identity of, a person opening a covered account, for example, using
the policies and procedures regarding identification and
verification set forth in the Customer Identification Program rules
implementing 31 U.S.C. 5318(l) (31 CFR 1020.220); and
* * * * *
Dated at Washington, DC, this 15th day of March 2011.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011-6460 Filed 3-17-11; 8:45 am]
BILLING CODE 6714-01-P
