Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 11327 

1 31 U.S.C. 5311 et seq. 

2See Section 17 of the Exchange Act (15 U.S.C. 

78q) and 31 CFR 103.12 (redesignated as 31 CFR 

1010.301). 

3See 31 CFR 103.56(a)(6) (redesignated as 31 CFR 

1010.810(a)(6)). 

4See Exchange Act Release No. 18321 (December 

10, 1981); 46 FR 61454 (December 17, 1981) (‘‘Rule 

17a–8 Adopting Release’’). 

5Transfer and Reorganization of Bank Secrecy 

Act Regulation; Proposed Rule, 73 FR 66414 

(November 7, 2008); Transfer and Reorganization of 

Bank Secrecy Act Regulation; Final Rule, 75 FR 

65806 (October 26, 2010). 

Actions Compliance Procedures 

(5) Only install a rudder that has been inspected as specified in paragraph (f)(1) of 

this AD, is found free of corrosion, has had 

the corrosion protection applied, and has 

been sealed as specified in paragraph (f)(3) 

of this AD.

As of 30 days after March 17, 2011 (the effective date of this AD).Not applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Fort Worth Airplane 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

Related Information 

(h) For more information about this AD, 

contact Andrew McAnaul, Aerospace 

Engineer, ASW–150 (c/o MIDO–43), 10100 

Reunion Place, Suite 650, San Antonio, 

Texas 78216; phone: (210) 308–3365; fax: 

(210) 308–3370; e-mail: 

andrew.mcanaul@faa.gov. 

Material Incorporated by Reference 

(i) You must use Grumman American 

Aviation Corporation Ag-Cat Service Bulletin 

No. 61, dated June 6, 1977; Ag-Cat 

Maintenance Manual pages 6–14 through 

6–16, copyright 1978; and Ag-Cat G–164D 

Maintenance Manual pages 6–24 and 6–29, 

copyright 1995, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Grumman American Aviation 

Corporation Ag-Cat Service Bulletin No. 61, 

dated June 6, 1977; Ag-Cat Maintenance 

Manual pages 6–14 through 6–16, copyright 

1978; and Ag-Cat G–164D Maintenance 

Manual pages 6–24 and 6–29, copyright 

1995, on December 19, 2008 (73 FR 67372, 

November 14, 2008). 

(2) For service information identified in 

this AD, contact Allied Ag Cat Productions, 

Inc., 301 West Walnut Street, P.O. Box 482, 

Walnut Ridge, Arkansas 72479; telephone: 

(870) 886–2418. 

(3) You may review copies of the service 

information at the FAA, Small Airplane 

Directorate, 901 Locust St., Kansas City, 

Missouri 64016. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

February 17, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–4160 Filed 3–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–63949] 

Technical Amendments to Rule 17a–8: 

Financial Recordkeeping and 

Reporting of Currency and Foreign 

Transactions 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is adopting 

technical amendments to Rule 17a–8 

under the Securities and Exchange Act 

of 1934 (‘‘Exchange Act’’) to update a 

reference within the rule to the 

implementing regulations of the 

Currency and Foreign Transactions 

Reporting Act of 1970, as amended 

(commonly referred to as the Bank 

Secrecy Act or the ‘‘BSA’’). The BSA’s 

implementing regulations are 

promulgated and administered by the 

Financial Crimes Enforcement Network 

(‘‘FinCEN’’), a bureau within the 

Department of the Treasury. The 

reference to the BSA’s implementing 

regulations in Rule 17a–8 is being 

updated in response to FinCEN’s 

reorganization of those regulations into 

a new chapter of the Code of Federal 

Regulations (‘‘CFR’’). 

DATES: Effective Date: March 1, 2011. 

FOR FURTHER CONTACT INFORMATION: John 

J. Fahey, Office of Chief Counsel, 

Division of Trading and Markets, 

Securities and Exchange Commission; 

(202) 551–5550; 100 F Street, NE., 

Washington, DC 20549. 

I. Supplementary Material 

A. Background 

The BSA,1 as implemented through 

regulations issued and administered by 

FinCEN, requires financial institutions, 

including broker-dealers registered with 

the Commission, to make, keep, retain 

and report certain records that are 

useful for the purposes of criminal, tax, 

or regulatory investigations or 

proceedings.2 FinCEN administers the 

BSA and its implementing regulations, 

and the Commission has oversight 

authority for broker-dealers’ compliance 

with the BSA’s requirements.3 Exchange 

Act Rule 17a–8 requires broker-dealers 

to comply with the reporting, 

recordkeeping and record retention 

requirements of the BSA’s 

implementing regulations as found in 

part 103 of title 31 of the CFR.4

FinCEN recently reorganized the 

BSA’s implementing regulations into a 

new chapter within title 31 of the CFR.5

As part of this reorganization, FinCEN 

moved the regulations reflected in 31 

CFR Part 103 into 31 CFR Chapter X. 

When Chapter X becomes effective on 

March 1, 2011, 31 CFR Part 103 will be 

deleted, thereby rendering the 

references to ‘‘part 103 of title 31’’ of the 

CFR in Exchange Act Rule 17a–8 

incorrect. 

B. Technical Amendments to Rule 

17a–8 

The Commission is amending Rule 

17a–8 to conform the current CFR 

references to the BSA’s implementing 

regulations to those that will apply as a 

result of FinCEN’s reorganization of 

these regulations. Accordingly, the two 

references to ‘‘part 103 of title 31’’ in 

Exchange Act Rule 17a–8 will be 

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11328 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 

6 5 U.S.C. 553(b). 

7For similar reasons, the amendments do not 

require analysis under the Regulatory Flexibility 

Act (‘‘RFA’’) or analysis of major rule status under 

the Small Business Regulatory Enforcement 

Fairness Act. See 5 U.S.C. 601(2) (for purposes of 

RFA analysis, the term ‘‘rule’’ means any rule for 

which the agency publishes a general notice of 

proposed rulemaking); and 5 U.S.C. 804(3)(C) (for 

purposes of Congressional review of agency 

rulemaking, the term ‘‘rule’’ does not include any 

rule of agency organization, procedure or practice 

that does not substantially affect the rights or 

obligations of non-agency parties). 

8See 5 U.S.C. 553(d)(3). 

9 15 U.S.C. 78c(f). 

10 15 U.S.C. 78w(a)(2). 

11 15 U.S.C. 78c, 78j, 78o, 78q, and 78w. 

replaced with references to ‘‘Chapter X 

of title 31.’’ 

II. Certain Findings 

Under the Administrative Procedure 

Act (‘‘APA’’), notice of proposed 

rulemaking is not required when an 

agency, for good cause, finds ‘‘that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 6 The 

Commission is making technical 

amendments to Rule 17a–8 to update 

the reference to the BSA implementing 

regulations. The Commission finds that 

because the amendment is technical in 

nature and is being made solely to 

reflect the changes in applicable 

references to the BSA’s implementing 

regulations, publishing the amendment 

for comment is unnecessary.7

The APA also requires publication of 

a rule at least 30 days before its effective 

date unless the agency finds otherwise 

for good cause.8 Due to the need to 

coordinate the effectiveness of the 

amendment to Rule 17a–8 with the 

effective date of FinCEN’s rule 

reorganization scheduled to take effect 

on March 1, 2011, and for the same 

reasons described above with respect to 

notice and opportunity for comment, 

the Commission finds that there is good 

cause for these technical amendments to 

take effect on March 1, 2011. 

III. Consideration of Competitive Effects 

of Amendment 

Section 3(f) of the Exchange Act,9

provides that whenever the Commission 

is engaged in rulemaking and is 

required to consider or determine 

whether an action is necessary or 

appropriate in the public interest, the 

Commission shall consider, in addition 

to the protection of investors, whether 

the action will promote efficiency, 

competition, and capital formation. 

Section 23(a)(2) of the Exchange Act 

requires the Commission, in adopting 

rules under the Exchange Act, to 

consider the competitive effects of such 

rules, if any, and to refrain from 

adopting a rule that would impose a 

burden on competition not necessary or 

appropriate in the furtherance of the 

purposes of the Exchange Act.10

Because the amendments to Exchange 

Act Rule 17a–8 are technical in nature, 

and do not impose any additional 

requirements beyond those already 

required, we do not anticipate that the 

amendments would have a significant 

effect on efficiency, competition, or 

capital formation, and we do not 

anticipate that any competitive 

advantages or disadvantages would be 

created. 

IV. Statutory Authority 

We are adopting this technical 

amendment to Rule 17a–8 under the 

authority set forth in the Exchange Act, 

in particular, Sections 3, 10, 15, 17 and 

23 thereof.11

List of Subjects in 17 CFR Part 240 

Broker-dealers, Reporting and 

recordkeeping requirements, Securities. 

Text of Amendments 

For the reasons set out in the 

preamble, Title 17, Chapter II of the 

Code of Federal Regulations is amended 

as follows: 

PART 240—GENERAL RULES AND 

REGULATIONS, SECURITIES 

EXCHANGE ACT OF 1934 

■ 1. The authority citation for Part 240 

continues to read, in part, as follows: 

Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 

77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, 

77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 

78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78p, 

78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 80a– 

20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–4, 

80b–11, and 7201 et seq., and 18 U.S.C. 1350, 

unless otherwise noted. 

* * * * * 

■ 2. Amend § 240.17a–8 by removing 

the phrase ‘‘part 103’’ in the two places 

it appears and adding in its place 

‘‘Chapter X.’’ 

Dated: February 23, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–4694 Filed 3–1–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 173 

[Docket No. FDA–2010–F–0200] 

Secondary Direct Food Additives 

Permitted in Food for Human 

Consumption 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

food additive regulations to permit the 

use of hydrogen peroxide as an 

antimicrobial agent in the manufacture 

of modified whey by ultrafiltration 

methods. This action is in response to 

a petition filed by Fonterra (USA), Inc. 

DATES: This rule is effective March 2, 

2011. Submit either electronic or 

written objections and requests for a 

hearing by April 1, 2011. See section VI 

of this document for information on the 

filing of objections. The incorporation 

by reference of certain publications 

listed in the rule is approved by the 

Director of the Federal Register as of 

March 2, 2011. 

ADDRESSES: You may submit either 

electronic or written objections and 

requests for a hearing, identified by 

Docket No. FDA–2010–F–0200, by any 

of the following methods: 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written objections in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (For 

paper, disk, or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2010–F–0200 for this 

rulemaking. All objections received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

objections, see the ‘‘Objections’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

WReier-Aviles on DSKGBLS3C1PROD with RULES