Technical corrections, 12657-12658 [2014-04918]

Download as PDF 12657 Rules and Regulations Federal Register Vol. 79, No. 44 Thursday, March 6, 2014 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NATIONAL CREDIT UNION ADMINISTRATION II. Technical Corrections 5 CFR Part 9601 and 12 CFR Part 750 Technical corrections National Credit Union Administration (NCUA). ACTION: Technical corrections. AGENCY: NCUA is making minor technical corrections to its supplementary ethics regulation to correct certain statutory references and to its regulation governing golden parachute and indemnification payments to conform certain internal cross citations affected by two recently revised final regulations. DATES: These corrections are effective on March 6, 2014. FOR FURTHER INFORMATION CONTACT: For part 9601: Hattie Ulan, Senior Ethics Counsel, Office of General Counsel, (703) 518–6544; and for part 750: John H. Brolin, Staff Attorney, Office of General, (703) 518–6438, both at National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background II. Technical Corrections III. Regulatory Procedures I. Background tkelley on DSK3SPTVN1PROD with RULES Why is NCUA issuing these corrections? On April 17, 2013, NCUA published its final supplemental ethics rule concerning approval of outside employment and activities.1 The ethics rule only applies to NCUA employees. It does not affect credit unions. The ethics rule as published inadvertently made a few incorrect references to the Federal Credit Union Act in § 9601.104. 1 74 FR 22767 (April 17, 2013). VerDate Mar<15>2010 16:13 Mar 05, 2014 This document corrects those references. On January 18, 2013 and May 31, 2013, NCUA published final rules amending various parts of NCUA’s regulations.2 Some of these amendments renumbered sections and paragraphs of these regulations, which affected certain internal cross citations in part 750 of NCUA’s regulations causing them to be incorrect. This document corrects those internal cross citations. Jkt 232001 5 CFR 9601.104—Ethics This document corrects 5 CFR 9601.104(a)(1), (a)(2) and (b)(1) of 5 CFR part 9601 by deleting the phrase ‘‘of the Act’’ from those paragraphs. 5 CFR part 9601 should not reference an ‘‘Act,’’ but rather should reference other paragraphs of part 9601. The phrase ‘‘of the Act’’ confuses the references and should be deleted. 12 CFR Part 750—Golden Parachute and Indemnification Payments This document amends 12 CFR 750.1, 750.4, 750.5, and 750.6 to correct internal cross citations that were affected when a duplicative definition of the term ‘‘Act’’ was removed from 12 CFR § 750.1(a) and the remaining definitions in that section were renumbered as part of a technical amendments final rule.3 In addition, this document amends 12 CFR 750.4(a)(4)(ii) to correct an internal cross citation to § 750.1(l). The definition of ‘‘troubled condition’’ formerly appearing in 12 CFR 750.1(l) was removed and replaced in 12 CFR 700.2 as part of NCUA’s final rule regarding the definition of troubled condition.4 All of these changes to 5 CFR Part 9601 and 12 CFR Part 750 correct errors that are obvious in form and technical in nature. NCUA intends no substantive change to its regulations by making these corrections. Effective Date Generally, the Administrative Procedure Act (APA) requires a federal agency to provide the public with notice 2 78 FR 4029 (Jan. 18, 2013) and 78 FR 32545 (May 31, 2013). 3 78 FR 32545 (May 31, 2013). 4 78 FR 4029 (Jan. 18, 2013). Frm 00001 Fmt 4700 Sfmt 4700 List of Subjects 5 CFR Part 9601 Conflicts of interests, Government employees. 12 CFR Part 750 Credit unions, Golden parachute payments, Indemnity payments. By the National Credit Union Administration Board on February 27, 2014. Gerald Poliquin, Secretary of the Board. For the reasons stated above, NCUA amends 5 CFR Part 9601 and 12 CFR Part 750 as follows: Title 5—Administrative Personnel PART 9601—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE NATIONAL CREDIT UNION ADMINISTRATION 1. The authority citation for part 9601 continues to read as follows: ■ Authority: 12 U.S.C. 1752a(d), 1766; 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 5 CFR 2635.403, 5 CFR 2635.502 and 5 CFR 2635.803. § 9601.104 III. Regulatory Procedures PO 00000 and the opportunity to comment on agency rulemakings. The corrections discussed herein are non-substantive and technical and are exempt from APA notice and comment requirements.5 The APA permits an agency to forego the notice and comment period under certain circumstances, such as when an action is technical and non-substantive. NCUA finds good cause that notice and public comments are unnecessary under section 553(b)(3)(B) of the APA.6 NCUA also finds good cause to dispense with the 30-day delayed effective date requirement under section 553(d)(3) of the APA.7 These corrections, therefore, will be effective immediately upon publication. [Amended] 2. Amend § 9601.104 as follows: a. In paragraph (a)(1), remove ‘‘section 103 of the Act’’ and add in its place ‘‘§ 9601.103’’; and remove ‘‘section 105 of the Act’’ and add in its place ‘‘§ 9601.105’’. ■ ■ 55 U.S.C. 553(a)(2) and 553(b)(3)(B). U.S.C. 553(b)(3)(B). 7 5 U.S.C. 553(d)(3). 65 E:\FR\FM\06MRR1.SGM 06MRR1 12658 Federal Register / Vol. 79, No. 44 / Thursday, March 6, 2014 / Rules and Regulations b. In paragraph (a)(2), remove ‘‘section 103 of the Act’’ and add in its place ‘‘§ 9601.103’’. ■ c. In paragraph (b)(1), remove ‘‘section 102 of the Act’’ and add in its place ‘‘§ 9601.102’’. ■ Title 12—Banks and Banking 3. The authority citation for part 750 continues to read as follows: Authority: 12 U.S.C. 1786(t). [Amended] 4. Amend § 750.1 as follows: a. In paragraph (a), remove ‘‘paragraph (c) or (i), respectively, of this section’’ and add in its place ‘‘paragraph (b) or (h), respectively, of this section’’. ■ b. In paragraph (b)(2) introductory text, remove ‘‘paragraph (c)(1) of this section’’ and add in its place ‘‘paragraph (b)(1) of this section’’. ■ c. In paragraph (b)(2)(ii), remove ‘‘paragraph (e)(2)(v) of this section’’ and add in its place ‘‘paragraph (d)(2)(v) of this section’’. ■ d. In paragraph (b)(3) introductory text, remove ‘‘paragraphs (c)(1) and (2) of this section’’ and add in its place ‘‘paragraphs (b)(1) and (2) of this section’’. ■ e. In paragraph (b)(3)(i), remove ‘‘paragraph (e)(1)(ii) of this section’’ and add in its place ‘‘paragraph (d)(1)(ii) of this section’’. ■ f. In paragraph (b)(3)(ii), remove ‘‘paragraph (e)(1)(ii) of this section’’ and add in its place ‘‘paragraph (d)(1)(ii) of this section’’. ■ g. In paragraph (b)(3)(v), remove ‘‘paragraph (e)(1)(ii) of this section’’ and add in its place ‘‘paragraph (d)(1)(ii) of this section’’. ■ h. In paragraph (d)(1)(ii)(C), remove ‘‘§ 700.2(j)’’ and add in its place ‘‘§ 700.2’’. ■ i. In paragraph (d)(1)(iii), remove ‘‘paragraphs (e)(1)(ii)(A) through (E) of this section’’ and add in its place ‘‘paragraphs (d)(1)(ii)(A) through (E) of this section’’. ■ j. In paragraph (d)(2)(ii), remove ‘‘paragraph (b) of this section’’ and add in its place ‘‘paragraph (a) of this section’’. ■ k. In paragraph (d)(2)(iii), remove ‘‘paragraph (c) of this section’’ and add in its place ‘‘paragraph (b) of this section’’. ■ l. In paragraph (d)(2)(v), remove ‘‘paragraph (e)(1)(ii) of this section’’ and add in its place ‘‘paragraph (d)(1)(ii) of this section’’. tkelley on DSK3SPTVN1PROD with RULES ■ VerDate Mar<15>2010 16:13 Mar 05, 2014 Jkt 232001 [Amended] 6. Amend § 750.5 as follows: a. In paragraph (a)(2)(ii), remove ‘‘§ 750.1(k)(2)(i)’’ and add in its place ‘‘§ 750.1(j)(2)(i)’’, and remove ‘‘§ 750.1(k)’’ and add in its place ‘‘§ 750.1(j)’’. ■ b. In paragraph (a)(3), remove ‘‘§ 750.1(k)’’ and add in its place ‘‘§ 750.1(j)’’. ■ ■ ■ ■ [Amended] 5. In § 750.4, amend paragraph (a)(2) by removing ‘‘§ 750.1(e)(1)(ii)’’ and adding in its place ‘‘§ 750.1(d)(1)(ii)’’, and amend paragraph (a)(4)(ii) by removing ‘‘§ 750.1(1)’’ and adding in its place ‘‘§ 700.2 of this chapter’’. ■ § 750.5 PART 750—GOLDEN PARACHUTE AND INDEMNIFICATION PAYMENTS § 750.1 § 750.4 § 750.6 [Amended] 7. In § 750.6, amend paragraph (a) by removing ‘‘§ 750.1(e)(2)(v)’’ and adding in its place ‘‘§ 750.1(d)(2)(v)’’. ■ [FR Doc. 2014–04918 Filed 3–5–14; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORATION Saint Lawrence Seaway Development Corporation 33 CFR Part 401 [Docket No. SLSDC–2014–0001] RIN 2135–AA33 Seaway Regulations and Rules: Periodic Update, Various Categories Saint Lawrence Seaway Development Corporation, DOT. ACTION: Final rule. AGENCY: The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes update the following sections of the Regulations and Rules: Condition of Vessels; Preclearance and Security for Tolls; Tolls Assessment and Payment; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; and, Information and Reports. These amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Many of the amendments are merely editorial or for clarification SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 of existing requirements. The joint regulations will become effective in Canada on March 31, 2014. For consistency, because these are joint regulations under international agreement, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make the U.S. version of the amendments effective on the same date. DATES: The rule will become effective on March 31, 2014. ADDRESSES: For access to the docket to read background documents or comments received, go to https:// www.Regulations.gov; or in person at the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764– 3200. The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Regulations and Rules in various categories. The changes update the following sections of the Regulations and Rules: Condition of Vessels; Preclearance and Security for Tolls; Tolls Assessment and Payment; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; and, Information and Reports. These updates are necessary to take account of updated procedures which will enhance the safety of transits through the Seaway. Many of these changes are to clarify existing requirements in the regulations. Where new requirements or regulations are made, an explanation for such a change is provided below. The joint regulations will become effective in Canada on March 31, 2014. For consistency, because these are joint regulations under international agreement, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make the U.S. version of the amendments effective on the same date. SUPPLEMENTARY INFORMATION: E:\FR\FM\06MRR1.SGM 06MRR1

Agencies

National Credit Union Administration

[Federal Register Volume 79, Number 44 (Thursday, March 6, 2014)]
[Rules and Regulations]
[Pages 12657-12658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04918]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 79, No. 44 / Thursday, March 6, 2014 / Rules 
and Regulations

[[Page 12657]]



NATIONAL CREDIT UNION ADMINISTRATION

5 CFR Part 9601 and 12 CFR Part 750


Technical corrections

AGENCY: National Credit Union Administration (NCUA).

ACTION: Technical corrections.

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

SUMMARY: NCUA is making minor technical corrections to its 
supplementary ethics regulation to correct certain statutory references 
and to its regulation governing golden parachute and indemnification 
payments to conform certain internal cross citations affected by two 
recently revised final regulations.

DATES: These corrections are effective on March 6, 2014.

FOR FURTHER INFORMATION CONTACT: For part 9601: Hattie Ulan, Senior 
Ethics Counsel, Office of General Counsel, (703) 518-6544; and for part 
750: John H. Brolin, Staff Attorney, Office of General, (703) 518-6438, 
both at National Credit Union Administration, 1775 Duke Street, 
Alexandria, Virginia 22314.

SUPPLEMENTARY INFORMATION:

I. Background
II. Technical Corrections
III. Regulatory Procedures

I. Background

Why is NCUA issuing these corrections?

    On April 17, 2013, NCUA published its final supplemental ethics 
rule concerning approval of outside employment and activities.\1\ The 
ethics rule only applies to NCUA employees. It does not affect credit 
unions. The ethics rule as published inadvertently made a few incorrect 
references to the Federal Credit Union Act in Sec.  9601.104. This 
document corrects those references.
---------------------------------------------------------------------------

    \1\ 74 FR 22767 (April 17, 2013).
---------------------------------------------------------------------------

    On January 18, 2013 and May 31, 2013, NCUA published final rules 
amending various parts of NCUA's regulations.\2\ Some of these 
amendments renumbered sections and paragraphs of these regulations, 
which affected certain internal cross citations in part 750 of NCUA's 
regulations causing them to be incorrect. This document corrects those 
internal cross citations.
---------------------------------------------------------------------------

    \2\ 78 FR 4029 (Jan. 18, 2013) and 78 FR 32545 (May 31, 2013).
---------------------------------------------------------------------------

II. Technical Corrections

5 CFR 9601.104--Ethics

    This document corrects 5 CFR 9601.104(a)(1), (a)(2) and (b)(1) of 5 
CFR part 9601 by deleting the phrase ``of the Act'' from those 
paragraphs. 5 CFR part 9601 should not reference an ``Act,'' but rather 
should reference other paragraphs of part 9601. The phrase ``of the 
Act'' confuses the references and should be deleted.

12 CFR Part 750--Golden Parachute and Indemnification Payments

    This document amends 12 CFR 750.1, 750.4, 750.5, and 750.6 to 
correct internal cross citations that were affected when a duplicative 
definition of the term ``Act'' was removed from 12 CFR Sec.  750.1(a) 
and the remaining definitions in that section were renumbered as part 
of a technical amendments final rule.\3\ In addition, this document 
amends 12 CFR 750.4(a)(4)(ii) to correct an internal cross citation to 
Sec.  750.1(l). The definition of ``troubled condition'' formerly 
appearing in 12 CFR 750.1(l) was removed and replaced in 12 CFR 700.2 
as part of NCUA's final rule regarding the definition of troubled 
condition.\4\
---------------------------------------------------------------------------

    \3\ 78 FR 32545 (May 31, 2013).
    \4\ 78 FR 4029 (Jan. 18, 2013).
---------------------------------------------------------------------------

    All of these changes to 5 CFR Part 9601 and 12 CFR Part 750 correct 
errors that are obvious in form and technical in nature. NCUA intends 
no substantive change to its regulations by making these corrections.

III. Regulatory Procedures

Effective Date

    Generally, the Administrative Procedure Act (APA) requires a 
federal agency to provide the public with notice and the opportunity to 
comment on agency rulemakings. The corrections discussed herein are 
non-substantive and technical and are exempt from APA notice and 
comment requirements.\5\ The APA permits an agency to forego the notice 
and comment period under certain circumstances, such as when an action 
is technical and non-substantive. NCUA finds good cause that notice and 
public comments are unnecessary under section 553(b)(3)(B) of the 
APA.\6\ NCUA also finds good cause to dispense with the 30-day delayed 
effective date requirement under section 553(d)(3) of the APA.\7\ These 
corrections, therefore, will be effective immediately upon publication.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 553(a)(2) and 553(b)(3)(B).
    \6\ 5 U.S.C. 553(b)(3)(B).
    \7\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

List of Subjects

5 CFR Part 9601

    Conflicts of interests, Government employees.

12 CFR Part 750

    Credit unions, Golden parachute payments, Indemnity payments.

    By the National Credit Union Administration Board on February 
27, 2014.
Gerald Poliquin,
Secretary of the Board.

    For the reasons stated above, NCUA amends 5 CFR Part 9601 and 12 
CFR Part 750 as follows:

Title 5--Administrative Personnel

PART 9601--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE NATIONAL CREDIT UNION ADMINISTRATION

0
1. The authority citation for part 9601 continues to read as follows:

    Authority:  12 U.S.C. 1752a(d), 1766; 5 U.S.C. 7301; 5 U.S.C. 
App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 
CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 
CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 5 CFR 2635.403, 5 CFR 
2635.502 and 5 CFR 2635.803.


Sec.  9601.104  [Amended]

0
2. Amend Sec.  9601.104 as follows:
0
a. In paragraph (a)(1), remove ``section 103 of the Act'' and add in 
its place ``Sec.  9601.103''; and remove ``section 105 of the Act'' and 
add in its place ``Sec.  9601.105''.

[[Page 12658]]

0
b. In paragraph (a)(2), remove ``section 103 of the Act'' and add in 
its place ``Sec.  9601.103''.
0
c. In paragraph (b)(1), remove ``section 102 of the Act'' and add in 
its place ``Sec.  9601.102''.

Title 12--Banks and Banking

PART 750--GOLDEN PARACHUTE AND INDEMNIFICATION PAYMENTS

0
3. The authority citation for part 750 continues to read as follows:

    Authority:  12 U.S.C. 1786(t).

Sec.  750.1  [Amended]

0
4. Amend Sec.  750.1 as follows:
0
a. In paragraph (a), remove ``paragraph (c) or (i), respectively, of 
this section'' and add in its place ``paragraph (b) or (h), 
respectively, of this section''.
0
b. In paragraph (b)(2) introductory text, remove ``paragraph (c)(1) of 
this section'' and add in its place ``paragraph (b)(1) of this 
section''.
0
c. In paragraph (b)(2)(ii), remove ``paragraph (e)(2)(v) of this 
section'' and add in its place ``paragraph (d)(2)(v) of this section''.
0
d. In paragraph (b)(3) introductory text, remove ``paragraphs (c)(1) 
and (2) of this section'' and add in its place ``paragraphs (b)(1) and 
(2) of this section''.
0
e. In paragraph (b)(3)(i), remove ``paragraph (e)(1)(ii) of this 
section'' and add in its place ``paragraph (d)(1)(ii) of this 
section''.
0
f. In paragraph (b)(3)(ii), remove ``paragraph (e)(1)(ii) of this 
section'' and add in its place ``paragraph (d)(1)(ii) of this 
section''.
0
g. In paragraph (b)(3)(v), remove ``paragraph (e)(1)(ii) of this 
section'' and add in its place ``paragraph (d)(1)(ii) of this 
section''.
0
h. In paragraph (d)(1)(ii)(C), remove ``Sec.  700.2(j)'' and add in its 
place ``Sec.  700.2''.
0
i. In paragraph (d)(1)(iii), remove ``paragraphs (e)(1)(ii)(A) through 
(E) of this section'' and add in its place ``paragraphs (d)(1)(ii)(A) 
through (E) of this section''.
0
j. In paragraph (d)(2)(ii), remove ``paragraph (b) of this section'' 
and add in its place ``paragraph (a) of this section''.
0
k. In paragraph (d)(2)(iii), remove ``paragraph (c) of this section'' 
and add in its place ``paragraph (b) of this section''.
0
l. In paragraph (d)(2)(v), remove ``paragraph (e)(1)(ii) of this 
section'' and add in its place ``paragraph (d)(1)(ii) of this 
section''.


Sec.  750.4  [Amended]

0
5. In Sec.  750.4, amend paragraph (a)(2) by removing ``Sec.  
750.1(e)(1)(ii)'' and adding in its place ``Sec.  750.1(d)(1)(ii)'', 
and amend paragraph (a)(4)(ii) by removing ``Sec.  750.1(1)'' and 
adding in its place ``Sec.  700.2 of this chapter''.


Sec.  750.5  [Amended]

0
6. Amend Sec.  750.5 as follows:
0
a. In paragraph (a)(2)(ii), remove ``Sec.  750.1(k)(2)(i)'' and add in 
its place ``Sec.  750.1(j)(2)(i)'', and remove ``Sec.  750.1(k)'' and 
add in its place ``Sec.  750.1(j)''.
0
b. In paragraph (a)(3), remove ``Sec.  750.1(k)'' and add in its place 
``Sec.  750.1(j)''.


Sec.  750.6  [Amended]

0
7. In Sec.  750.6, amend paragraph (a) by removing ``Sec.  
750.1(e)(2)(v)'' and adding in its place ``Sec.  750.1(d)(2)(v)''.

[FR Doc. 2014-04918 Filed 3-5-14; 8:45 am]
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