Cuban Assets Control Regulations, 71530-71531 [2012-29100]

Download as PDF 71530 Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Rules and Regulations the recipient’s Annual Performance Report. ■ 65. Revise § 1000.548 to read as follows: § 1000.548 Must a copy of the recipient’s audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD? Yes. A copy of the latest recipient audit under the Single Audit Act relating to NAHASDA activities must be submitted to the appropriate HUD ONAP area office at the same time it is submitted to the Federal Audit Clearinghouse pursuant to OMB Circular A–133. ■ 66. Revise § 1000.552(b) to read as follows: § 1000.552 How long must the recipient maintain program records? * * * * * (b) Except as otherwise provided herein, records must be retained for 3 years from the end of the tribal program year during which the funds were expended. * * * * * Dated: November 27, 2012. Sandra B. Henriquez, Assistant Secretary for Public and Indian Housing. [FR Doc. 2012–29133 Filed 11–30–12; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 515 Cuban Assets Control Regulations Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’) is amending the Cuban Assets Control Regulations to authorize the processing of funds transfers for the operating expenses or other official business of third-country diplomatic or consular missions in Cuba. OFAC also is amending the Cuban Assets Control Regulations to authorize certain payments for services rendered by Cuba to United States aircraft that currently require the issuance of a specific license. DATES: Effective Date: December 3, 2012. FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions Compliance & Evaluation, tel.: 202/622– 2490, Assistant Director for Licensing, tel.: 202/622–2480, Assistant Director emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:39 Nov 30, 2012 Jkt 229001 for Policy, tel.: 202/622–4855, Office of Foreign Assets Control, or Chief Counsel (Foreign Assets Control), tel.: 202/622– 2410, Office of the General Counsel, Department of the Treasury (not toll free numbers). SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (www.treasury.gov/ofac). Certain general information pertaining to OFAC’s sanctions programs also is available via facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. Background The U.S. Government issued the Cuban Assets Control Regulations, 31 CFR part 515 (the ‘‘CACR’’), on July 8, 1963, under the Trading With the Enemy Act (50 U.S.C. App. 5 et seq.). Section 515.201 of the CACR prohibits, inter alia, all transfers of credit and all payments in which Cuba or a Cuban national has any interest of any nature whatsoever, direct or indirect, between, by, through, or to any banking institution wheresoever located, with respect to any property subject to the jurisdiction of the United States or by any person subject to the jurisdiction of the United States. OFAC is amending the CACR to authorize the processing of funds transfers for the operating expenses or other official business of third-country diplomatic or consular missions in Cuba. OFAC also is amending the CACR to authorize certain payments for services rendered by Cuba to United States aircraft. Third-country diplomatic and consular funds transfers. To ensure that the prohibitions in the CACR do not impede third-country diplomatic or consular activities in Cuba, OFAC is adding new section 515.579 to the CACR. This new section authorizes the processing of funds transfers otherwise prohibited by the CACR for the operating expenses or other official business of third-country diplomatic or consular missions in Cuba. Services rendered by Cuba to United States aircraft. OFAC is amending section 515.548 of the CACR to add a general license authorizing payments in connection with overflights of Cuba or emergency landings in Cuba by United States aircraft. Prior to this amendment, such payments required the issuance of a specific license. Public Participation Because the amendment of the CACR involves a foreign affairs function, the PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 provisions of Executive Order 12866 of September 30, 1993, and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601–612) does not apply. Paperwork Reduction Act The collections of information related to the CACR are contained in 31 CFR part 501 (the ‘‘Reporting, Procedures and Penalties Regulations’’). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505–0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects in 31 CFR Part 515 Aircraft, Banks, Banking, Cuba, Currency, Diplomatic and consular missions, Emergency landings, Overflights. For the reasons set forth in the preamble, the Department of the Treasury’s Office of Foreign Assets Control amends 31 CFR part 515 as set forth below: PART 515—CUBAN ASSETS CONTROL REGULATIONS 1. The authority citation for part 515 continues to read as follows: ■ Authority: 18 U.S.C. 2332d; 22 U.S.C. 2370(a), 6001–6010, 7201–7211; 31 U.S.C. 321(b); 50 U.S.C. App 1–44; Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104–114, 110 Stat. 785 (22 U.S.C. 6021– 6091); Pub. L. 105–277, 112 Stat. 2681; Pub. L. 111–8, 123 Stat. 524; Pub. L. 111–117, 123 Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR, 1938–1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943–1948 Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959–1963 Comp., p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614. Subpart E—Licenses, Authorizations, and Statements of Licensing Policy ■ 2. Revise § 515.548 to read as follows: § 515.548 Services rendered by Cuba to United States aircraft. Payment to Cuba of charges for services rendered by Cuba in connection with overflights of Cuba or emergency landings in Cuba by aircraft registered in the United States or owned or controlled by, or chartered to, persons E:\FR\FM\03DER1.SGM 03DER1 Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Rules and Regulations subject to U.S. jurisdiction is authorized. ■ 3. Add new § 515.579 to subpart E to read as follows: § 515.579 Third-country diplomatic and consular funds transfers. Depository institutions, as defined in § 515.333, are authorized to process funds transfers for the operating expenses or other official business of third-country diplomatic or consular missions in Cuba. Dated: November 26, 2012. Adam J. Szubin, Director, Office of Foreign Assets Control. email LTJG Benjamin Nessia, Response Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418–6040, email Benjamin.B.Nessia@uscg.mil. If you have questions on viewing material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information [FR Doc. 2012–29100 Filed 11–30–12; 8:45 am] 33 CFR Part 100 On June 5, 2012, the Coast Guard published an NPRM entitled Special Local Regulation; Kelley’s Island Swim, Lake Erie; Kelley’s Island, Lakeside, OH in the Federal Register (77 FR 33130). We did not receive any comments in response to the proposed rule. No public meeting was requested and none was held. [Docket No. USCG–2012–0386] B. Basis and Purpose RIN 1625–AA08 Each year an organized swimming event takes place in Lake Erie in which individuals swim the four miles between Lakeside and Kelley’s Island, OH. The Captain of the Port Detroit has determined that swimmers in close proximity to watercraft and in the shipping channel pose extra and unusual hazards to public safety and property. Thus, the Captain of the Port Detroit has determined that establishing a Special Local Regulation around the location of the race’s course will help ensure the safety of persons and property at these events and help minimize the associated risks. BILLING CODE 4810–AL–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Special Local Regulation; Kelley’s Island Swim, Lake Erie; Kelley’s Island, Lakeside, OH Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending its regulations in 33 CFR part 100 by adding a Special Local Regulation within the Captain of the Port Detroit Zone. This regulation is intended to regulate vessel movement in portions of Lake Erie during the annual Kelley’s Island Swim. This special local regulated area is necessary to protect swimmers from vessel traffic. DATES: This final rule is effective January 2, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket number USCG–2012–0386. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Open Docket Folder’’ on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:39 Nov 30, 2012 Jkt 229001 C. Discussion of Comment, Changes and the Final Rule To mitigate the dangers presented by a large number of swimmers crossing a shipping channel during a four mile competition, the Captain of the Port Detroit has determined that establishing a Special Local Regulation is necessary. Thus, the Coast Guard is amending 33 CFR part 100 by adding § 100.921 to establish a permanent Special Local Regulation. The affected area encompasses all the waters of Lake Erie between Lakeside, OH and Kelley’s Island, OH bound by a line extending from a point on land at the Lakeside dock at positions 41°32′51.96″ N; 082°45′3.15″ W and 41°32′52.21″ N; 082°45′2.19″ W and a line extending to Kelley’s Island dock to positions 41°35′24.59″ N; 082°42′16.61″ W and 41°35′24.44″ N; 082°42′16.04″ W (Datum: NAD 83). The precise times and PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 71531 dates of enforcement for this regulated area will be determined annually. The Captain of the Port Detroit will use all appropriate means to notify the public when the Special Local Regulation in this rule will be enforced. Such means may include publication in the Federal Register, Broadcast Notice to Mariners, Local Notice to Mariners, or, upon request, by facsimilie (fax). Also, the Captain of the Port will issue a Broadcast Notice to Mariners notifying the public if enforcement of the affected area in this section is cancelled prematurely. No comments were received in response to and there are no changes to the rule as proposed by the NPRM published June 5, 2012. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The regulated area established by this rule will be relatively small and enforced for relatively short time. Also, the regulated area is designed to minimize its impact on navigable waters. Furthermore, this regulated area has been designed to allow vessels to transit the area affected by this regulation, provided vessel operators meet the requirements set forth by this rule. Thus, restrictions on vessel movements within any particular area are expected to be minimal. On the whole, the Coast Guard expects insignificant adverse impact to mariners from the activation of this regulated area. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a E:\FR\FM\03DER1.SGM 03DER1

Agencies

[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71530-71531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29100]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 515


Cuban Assets Control Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (``OFAC'') is amending the Cuban Assets Control Regulations to 
authorize the processing of funds transfers for the operating expenses 
or other official business of third-country diplomatic or consular 
missions in Cuba. OFAC also is amending the Cuban Assets Control 
Regulations to authorize certain payments for services rendered by Cuba 
to United States aircraft that currently require the issuance of a 
specific license.

DATES: Effective Date: December 3, 2012.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions 
Compliance & Evaluation, tel.: 202/622-2490, Assistant Director for 
Licensing, tel.: 202/622-2480, Assistant Director for Policy, tel.: 
202/622-4855, Office of Foreign Assets Control, or Chief Counsel 
(Foreign Assets Control), tel.: 202/622-2410, Office of the General 
Counsel, Department of the Treasury (not toll free numbers).

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (www.treasury.gov/ofac). Certain general 
information pertaining to OFAC's sanctions programs also is available 
via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-
0077.

Background

    The U.S. Government issued the Cuban Assets Control Regulations, 31 
CFR part 515 (the ``CACR''), on July 8, 1963, under the Trading With 
the Enemy Act (50 U.S.C. App. 5 et seq.). Section 515.201 of the CACR 
prohibits, inter alia, all transfers of credit and all payments in 
which Cuba or a Cuban national has any interest of any nature 
whatsoever, direct or indirect, between, by, through, or to any banking 
institution wheresoever located, with respect to any property subject 
to the jurisdiction of the United States or by any person subject to 
the jurisdiction of the United States.
    OFAC is amending the CACR to authorize the processing of funds 
transfers for the operating expenses or other official business of 
third-country diplomatic or consular missions in Cuba. OFAC also is 
amending the CACR to authorize certain payments for services rendered 
by Cuba to United States aircraft.
    Third-country diplomatic and consular funds transfers. To ensure 
that the prohibitions in the CACR do not impede third-country 
diplomatic or consular activities in Cuba, OFAC is adding new section 
515.579 to the CACR. This new section authorizes the processing of 
funds transfers otherwise prohibited by the CACR for the operating 
expenses or other official business of third-country diplomatic or 
consular missions in Cuba.
    Services rendered by Cuba to United States aircraft. OFAC is 
amending section 515.548 of the CACR to add a general license 
authorizing payments in connection with overflights of Cuba or 
emergency landings in Cuba by United States aircraft. Prior to this 
amendment, such payments required the issuance of a specific license.

Public Participation

    Because the amendment of the CACR involves a foreign affairs 
function, the provisions of Executive Order 12866 of September 30, 
1993, and the Administrative Procedure Act (5 U.S.C. 553) requiring 
notice of proposed rulemaking, opportunity for public participation, 
and delay in effective date are inapplicable. Because no notice of 
proposed rulemaking is required for this rule, the Regulatory 
Flexibility Act (5 U.S.C. 601-612) does not apply.

Paperwork Reduction Act

    The collections of information related to the CACR are contained in 
31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507), those collections of information have been approved by 
the Office of Management and Budget under control number 1505-0164. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.

List of Subjects in 31 CFR Part 515

    Aircraft, Banks, Banking, Cuba, Currency, Diplomatic and consular 
missions, Emergency landings, Overflights.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR part 515 as 
set forth below:

PART 515--CUBAN ASSETS CONTROL REGULATIONS

0
1. The authority citation for part 515 continues to read as follows:

    Authority:  18 U.S.C. 2332d; 22 U.S.C. 2370(a), 6001-6010, 7201-
7211; 31 U.S.C. 321(b); 50 U.S.C. App 1-44; Pub. L. 101-410, 104 
Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-114, 110 Stat. 785 (22 
U.S.C. 6021-6091); Pub. L. 105-277, 112 Stat. 2681; Pub. L. 111-8, 
123 Stat. 524; Pub. L. 111-117, 123 Stat. 3034; E.O. 9193, 7 FR 
5205, 3 CFR, 1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 
1943-1948 Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-1963 
Comp., p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614.

Subpart E--Licenses, Authorizations, and Statements of Licensing 
Policy

0
2. Revise Sec.  515.548 to read as follows:


Sec.  515.548  Services rendered by Cuba to United States aircraft.

    Payment to Cuba of charges for services rendered by Cuba in 
connection with overflights of Cuba or emergency landings in Cuba by 
aircraft registered in the United States or owned or controlled by, or 
chartered to, persons

[[Page 71531]]

subject to U.S. jurisdiction is authorized.

0
3. Add new Sec.  515.579 to subpart E to read as follows:


Sec.  515.579  Third-country diplomatic and consular funds transfers.

    Depository institutions, as defined in Sec.  515.333, are 
authorized to process funds transfers for the operating expenses or 
other official business of third-country diplomatic or consular 
missions in Cuba.

    Dated: November 26, 2012.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2012-29100 Filed 11-30-12; 8:45 am]
BILLING CODE 4810-AL-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.