Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 14793 

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 

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 

■ 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 

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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: 

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. 

■ 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 

* * * * * 

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 

DEPARTMENT OF TRANSPORTATION 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: 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: 

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, 

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 

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