16712 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 

IX. Statutory Basis and Text of 

Proposed Amendments 

Statutory Basis 

Pursuant to Section 17A(g) of the 

Exchange Act, 15 U.S.C. 78q–1(g), the 

Commission proposes to amend 

§ 240.17Ad–7 and § 240.17Ad–17 under 

the Exchange Act in the manner set 

forth below. 

List of Subjects in 17 CFR Part 240 

Reporting and recordkeeping 

requirements, Securities. 

Text of the Amendments 

In accordance with the foregoing, the 

Commission proposes to amend part 

240 of Chapter II of Title 17 of the Code 

of Federal Regulations as follows: 

PART 240—GENERAL RULES AND 

REGULATIONS, SECURITIES 

EXCHANGE ACT OF 1934 

1. The general authority citation for 

part 240 is revised and the following 

citation is added in numerical order to 

read 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, 78mm, 78n, 

78n–1, 78o, 78o–4, 78p, 78q, 78q–1, 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.; 18 U.S.C. 1350; and 12 

U.S.C. 5221(e)(3) unless otherwise noted. 

* * * * * 

Section 240.17Ad–17 is also issued under 

Pub. L. 111–203, § 929W, 124 Stat. 1869 

(2010). 

* * * * * 

§ 240.17Ad–7 [Amended] 

2. Section 240.17Ad–7(i) is amended 

by removing ‘‘240.17Ad–17(c)’’ and 

adding in its place ‘‘240.17Ad–17(d)’’. 

3. Section 240.17Ad–17 is amended 

by: 

a. Revising the heading. 

b. Revising paragraph (a)(1). 

c. In paragraph (a)(2) adding the 

phrase ‘‘, or broker or dealer’’ following 

the word ‘‘agent’’. 

d. In paragraph (a)(3) introductory 

text adding the phrase ‘‘, or broker or 

dealer’’ following the word ‘‘agent’’. 

e. In paragraph (a)(3)(ii) adding the 

phrase ‘‘or customer security account 

records of the broker or dealer’’ 

following the word ‘‘files’’. 

f. In paragraph (b)(2)(i) adding the 

phrase ‘‘or customer security account 

records of a broker or dealer’’ following 

the word ‘‘file’’ and adding the phrase ‘‘, 

or broker or dealer’’ following the phrase 

‘‘securityholder, the transfer agent’’. 

g. In paragraph (b)(2)(ii) adding the 

phrase ‘‘or broker or dealer’’ following 

the word ‘‘agent’’. 

h. Redesignating paragraph (c) as 

paragraph (d), and adding new 

paragraph (c). 

i. Revising newly redesignated 

paragraph (d). 

The revisions and addition read as 

follows: 

§ 240.17Ad–17 Transfer agents’, brokers’, 

and dealers’ obligation to search for lost 

securityholders; paying agents’ obligation 

to search for missing securityholders. 

(a)(1) Every recordkeeping transfer 

agent whose master securityholder file 

includes accounts of lost 

securityholders and each broker or 

dealer that holds customer security 

accounts shall exercise reasonable care 

to ascertain the correct addresses of 

such securityholders. In exercising 

reasonable care to ascertain such lost 

securityholders’ correct addresses, each 

recordkeeping transfer agent and each 

broker or dealer shall conduct two data 

base searches using at least one 

information data base service. The 

transfer agent and broker or dealer shall 

search by taxpayer identification 

number or by name if a search based on 

taxpayer identification number is not 

reasonably likely to locate the 

securityholder. Such data searches must 

be conducted without charge to a lost 

securityholder and with the following 

frequency: 

(i) Between three and twelve months 

of such securityholder becoming a lost 

securityholder and 

(ii) Between six and twelve months 

after the transfer agent’s or broker’s or 

dealer’s first search for such lost 

securityholder. 

* * * * * 

(c)(1) The paying agent, as defined in 

paragraph (c)(2) of this section, shall 

provide not less than one written 

notification to each missing 

securityholder stating that such 

securityholder has been sent a check 

that has not yet been negotiated. Such 

notification may be sent with a check or 

other mailing subsequently sent to the 

missing securityholder, but must be 

provided no later than seven (7) months 

after the sending of the not yet 

negotiated check. 

(2) The term paying agent shall 

include any issuer, transfer agent, 

broker, dealer, investment adviser, 

indenture trustee, custodian, or any 

other person that accepts payments from 

the issuer of a security and distributes 

the payments to the holder of the 

security. 

(3) The securityholder shall be 

considered a missing securityholder if a 

check is sent to the securityholder and 

the check is not negotiated before the 

earlier of the paying agent’s sending the 

next regularly scheduled check or the 

elapsing of six (6) months after the 

sending of the not yet negotiated check. 

(4) A paying agent shall be excluded 

from any notification requirement 

where the value of the not yet 

negotiated check is less than $25. 

(5) The requirements of paragraph 

(c)(1) of this section shall have no effect 

on state escheatment laws. 

(d) Every recordkeeping transfer 

agent, broker, or dealer carrying 

securities for the accounts of customers, 

and every paying agent shall maintain 

records to demonstrate compliance with 

the requirements set forth in this section 

which shall include written procedures 

that describe the transfer agent’s, or 

broker’s or dealer’s, or paying agent’s 

methodology for complying with this 

section. Such records shall be 

maintained for a period of not less than 

three (3) years with the first year in an 

easily accessible place. 

By the Commission. 

Dated: March 18, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–6940 Filed 3–24–11; 8:45 am] 

BILLING CODE 8011–01–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 205 

RIN 0412 AA–69 

Participation by Religious 

Organizations in USAID Programs 

AGENCY: United States Agency for 

International Development (USAID). 

ACTION: Proposed rule. 

SUMMARY: USAID is proposing to amend 

part 205 to more accurately reflect 

current Establishment Clause 

jurisprudence with respect to the use of 

Federal funds for inherently religious 

activities. 

DATES: Comments must be submitted by 

May 9, 2011. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed rule to: The Center for 

Faith-Based and Community Initiatives, 

U.S. Agency for International 

Development, Room 6.07–023, 1300 

Pennsylvania Avenue, NW., 

Washington, DC 20523. 

Communications should refer to the 

‘‘proposed rule.’’ You may submit your 

comments by fax to 202–216–0077 or by 

e-mail to fbci@usaid.gov. A copy of each 

communication submitted will be 

available for inspection and copying 


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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 16713 

between 8:30 a.m. and 5:30 p.m. at the 

above address. 

FOR FURTHER INFORMATION CONTACT: Ari 

Alexander, Director, Center for FaithBased and Community Initiatives, 

USAID, Room 6.07–023, 1300 

Pennsylvania Avenue, NW., 

Washington, DC 20523; telephone: (202) 

712–4080 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 20, 2004, USAID 

published its final rule (the ‘‘Final 

Rule’’) on participation by religious 

organizations in USAID programs (69 

FR 61716, codified at 22 CFR parts 202, 

205, 211, and 226). The Final Rule 

implemented Executive Branch policy 

that, within the framework of 

constitutional guidelines, religious 

organizations should be able to compete 

on an equal footing with other 

organizations for USAID funding. The 

Final Rule revised USAID regulations 

pertaining to grants, cooperative 

agreements and contracts awarded for 

the purpose of administering grant 

programs to ensure their compliance 

with this policy and to clarify that 

religious organizations are eligible to 

participate in programs on the same 

basis as any other organization, with 

respect to programs for which such 

other organizations are eligible. 

Among other things, the Final Rule 

provided that USAID funds could be 

used for the acquisition, construction, or 

rehabilitation of structures only to the 

extent that those structures were used 

for conducting eligible activities under 

the specific USAID program. Where a 

structure is used for both eligible and 

inherently religious activities, the Final 

Rule clarified that USAID funds could 

not exceed the cost of those portions of 

the acquisition, construction, or 

rehabilitation that were attributable to 

eligible activities. The Final Rule went 

on to state that USAID funds could not 

be used for acquisition, construction, or 

rehabilitation of sanctuaries, chapels, or 

any other room that a religious 

congregation that is a recipient or subrecipient of USAID assistance uses as its 

principal place of worship. 

II. This Proposed Rule 

Based on further legal review, USAID 

has concluded that some provisions in 

the Final Rule go beyond the 

requirements of the Establishment 

Clause and other Federal law, are not 

supported by Establishment Clause 

jurisprudence, and constrict USAID’s 

ability to pursue the national security 

and foreign policy interests of the 

United States overseas. As such, these 

provisions unnecessarily and unduly 

restrict and interfere with the ability of 

USAID to effectively implement the 

bilateral foreign assistance programs of 

the United States. Accordingly, USAID 

proposes to amend the Final Rule to 

provide that, in general, nothing in 

USAID’s regulations should be 

construed to prohibit USAID funds from 

being used for activities that are 

permitted under Establishment Clause 

jurisprudence or otherwise by law and 

that, in particular, USAID funds may be 

used for the acquisition, construction, or 

rehabilitation of structures that are used, 

in whole or in part, for inherently 

religious activities, so long as the 

program for which USAID assistance is 

provided (i) Is authorized by law and 

has a secular purpose, (ii) is made 

generally available to a wide range of 

organizations and beneficiaries which 

are defined without reference to 

religion, (iii) has the effect of furthering 

a development objective, (iv) the criteria 

upon which structures are selected for 

acquisition, construction, or 

rehabilitation are religiously neutral, 

and (v) the selection criteria are 

amenable to neutral application. 

Examples of programs where USAID 

funds may be used for the acquisition, 

construction, or rehabilitation of 

structures that are used, in whole or in 

part, for inherently religious activities 

include, but are not limited to, 

rehabilitation or reconstruction 

programs in a defined geographic area 

following a natural or manmade 

disaster; rehabilitation or reconstruction 

programs for schools; cultural or 

historical preservation of structures that 

are architectural, artistic, cultural, or 

historical landmarks; and rehabilitation 

or reconstruction programs to promote 

tourism or other related economic 

activities. 

III. Findings and Certifications or 

Impact Assessment 

Regulatory Planning and Review 

This is not a significant regulatory 

action and, therefore, is not subject to 

review under section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

Regulatory Flexibility Act 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), USAID has 

considered the economic impact of the 

proposed rule and has determined that 

its provisions would not have a 

significant economic impact on a 

substantial number of small entities. 

List of Subjects of 22 CFR Part 205 

Foreign aid, Grant programs, 

Nonprofit organizations. 

For the reasons stated in the 

preamble, USAID proposes to amend 

chapter II of title 22 of the Code of 

Federal Regulations as follows: 

PART 205—PARTICIPATION BY 

RELIGIOUS ORGANIZATIONS IN 

USAID PROGRAMS 

1. The authority citation for part 205 

continues to read as follows: 

Authority: 22 U.S.C. 2381(a). 

2. Revise § 205.1(d), revise paragraph 

(d) and add paragraph (j) to read as 

follows: 

§ 205.1 Grants and cooperative 

agreements. 

* * * * * 

(d) USAID funds may be used for the 

acquisition, construction, or 

rehabilitation of structures that are used, 

in whole or in part, for inherently 

religious activities so long as the 

program for which USAID assistance is 

provided is authorized by law and has 

a secular purpose, is made generally 

available to a wide range of 

organizations and beneficiaries which 

are defined without reference to 

religion, has the effect of furthering a 

development objective, the criteria upon 

which structures are selected for 

acquisition, construction, or 

rehabilitation are religiously neutral, 

and the selection criteria are amenable 

to neutral application. Examples of 

programs where USAID funds may be 

used for the acquisition, construction, or 

rehabilitation of structures that are used, 

in whole or in part, for inherently 

religious activities include, but are not 

limited to, rehabilitation or 

reconstruction programs in a defined 

geographic area following a natural or 

manmade disaster; rehabilitation or 

reconstruction programs for schools; 

rehabilitation or reconstruction of 

structures that are architectural, artistic, 

cultural, or historical landmarks for 

cultural or historical preservation; and 

rehabilitation or reconstruction 

programs to promote tourism or other 

related economic activities. 

* * * * * 

(j) Recognizing that USAID pursues 

the national security and foreign policy 

interests of the United States overseas, 

nothing in this Part shall be construed 

to prohibit USAID funds from being 

used for activities that are permitted by 

Establishment Clause jurisprudence or 

otherwise by law. 


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16714 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 

Dated: March 4, 2011. 

Ari Alexander, 

Director, Center for Faith-Based and 

Community Initiatives. 

[FR Doc. 2011–6974 Filed 3–24–11; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 938 

[PA–160–FOR; OSM 2010–0019] 

Pennsylvania Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on program amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the 

Pennsylvania regulatory program (the 

‘‘Pennsylvania program’’) under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). In response to correspondence 

related to implementation of the 

approved Pennsylvania program, 

Pennsylvania has submitted regulatory 

changes for approval to render its 

program no less effective than the 

Federal regulations as they relate to 

effluent limitations for post-mining 

discharges that are amenable to passive 

treatment technology. 

This document gives the times and 

locations that the Pennsylvania program 

and this submittal are available for your 

inspection, the comment period during 

which you may submit written 

comments, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments until 4 p.m., local time April 

25, 2011. If requested, we will hold a 

public hearing on April 19, 2011. We 

will accept requests to speak until 

4 p.m., local time on April 11, 2011. 

ADDRESSES: You may submit comments, 

identified by ‘‘PA–160–FOR; Docket ID: 

OSM–2010–0019’’ by either of the 

following two methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2010–0019. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and follow the 

instructions. 

Mail/Hand Delivery/Courier: Mr. 

George Rieger, Chief, Pittsburgh Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 

Harrisburg Transportation Center, 

415 Market St., Suite 304, Harrisburg, 

PA 17101. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: In addition to obtaining 

copies of documents at http:// 

www.regulations.gov, information may 

also be obtained at the addresses listed 

below during normal business hours, 

Monday through Friday, excluding 

holidays. You may receive one free copy 

of the amendment by contacting OSM’s 

Pittsburgh Field Division Office. 

George Rieger, Chief, Pittsburgh Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 

Harrisburg Transportation Center, 

415 Market St., Suite 304, Harrisburg, 

Pennsylvania 17101, Telephone: (717) 

782–4036, E-mail: grieger@osmre.gov. 

Thomas Callaghan, P.G., Director, 

Bureau of Mining and Reclamation, 

Pennsylvania Department of 

Environmental Protection, Rachel 

Carson State Office Building, P.O. Box 

8461, Harrisburg, Pennsylvania 

17105–8461, Telephone: (717) 787– 

5015, E-mail: tcallaghan@state.pa.us. 

FOR FURTHER INFORMATION CONTACT: 

George Rieger, Telephone: (717) 782– 

4036. E-mail: grieger@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania Program 

II. Description of the Request 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Pennsylvania 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the 

Pennsylvania program on July 30, 1982. 

You can find background information 

on the Pennsylvania program, including 

the Secretary’s findings, the disposition 

of comments, and conditions of 

approval of the Pennsylvania program 

in the July 30, 1982, Federal Register 

(47 FR 33050). You can also find later 

actions concerning the Pennsylvania 

program and program amendments at 30 

CFR 938.11, 938.12, 938.13, 938.15, and 

938.16. 

II. Description of the Request 

By letter dated October 1, 2010, 

(Administrative Record Number PA 

854.03), Pennsylvania sent us a request 

to approve statutory language and 

revised regulations related to postmining pollutional discharges, the use 

of passive treatment technologies on 

regulated coal mining sites, and the 

elimination of manganese effluent limits 

on certain pollutional discharges under 

the influence of identified precipitation 

events. Pennsylvania is requesting 

approval of the statutory language found 

at Section 4.2(j) of PA Surface Mining 

Conservation Reclamation Act (PA 

SMCRA) and the revised regulations 

found at: 25 Pa Code Chapters 86.1; 

87.102(a) and (e); 88.92(a) and (e); 

88.187(a) and (e); 88.292(a) and (e); 

89.52(c); and 90.102(a) and (e). 

This proposed amendment was 

initiated by Pennsylvania as a result of 

a coal mine permit inspection, 

conducted by OSM, in which a post 

mining pollutional discharge was 

observed being treated under the 

provisions of 87.102(e). Section 

87.102(e), Postmining pollutional 

discharges and corresponding 

provisions in Chapters 88, 89, and 90, 

were published in the Pennsylvania 

Bulletin on November 15, 1997, and 

have been implemented. To date, these 

regulations have not been submitted as 

a program amendment to Pennsylvania’s 

approved regulatory program. Federal 

regulations at 30 CFR 732.17(g) provide 

that no change to laws or regulations 

shall take effect for the purposes of a 

State program until approved as an 

amendment. In a letter dated July 7, 

2010, OSM notified Pennsylvania that 

until the regulations are approved by 

OSM, use of the provisions to approve 

the construction of new passive 

treatment facilities at regulated coal 

mine permits must be discontinued. 

Statutory Changes: Section 4.2(j) of 

PA SMCRA is available online at 

Regulations.gov and in the 

Administrative Record at the addresses 

listed above under ADDRESSES. 

Regulatory Changes: Pennsylvania 

submits the following summary of the 

proposed regulatory provisions changes 

at 25 Pa Code: The revision to 86.1 

includes the definitions of ‘‘Passive 

Treatment System’’ and ‘‘Post-mining 

Pollutional Discharge.’’ The revisions to 

Sections 87.102(a), 88.92(a), 88.187(a), 


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