Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 8721 

mandatory storage reporting. Mandatory 

dairy product storage reporting is the 

responsibility of NASS, and this final 

rule makes no changes with respect to 

mandatory storage reporting. 

AMS has made one change in this 

final rule from the proposed rule. The 

reporting requirements in § 1170.7(a) 

have been modified to indicate that 

reporting entities must report both the 

total sales dollars and dollars per pound 

for the applicable products. NASS has 

required either the total sales dollars or 

dollars per pound for the applicable 

products to be reported, and the 

proposed rule would have continued 

this requirement without change. 

However, the requirement to report both 

the total sales dollars and dollars per 

pound will provide AMS with a 

validation check to insure that, in each 

instance, the total sales dollars reported 

equals the dollars per pound times the 

reported quantity. Since this is a de 

minimus change in reporting burden, it 

has no effect on the estimated reporting 

burden for each survey. 

List of Subjects in 7 CFR Part 1170 

Dairy products, Reporting and 

recordkeeping requirements, Cheese, 

Butter, Dry whey, Nonfat dry milk. 

Accordingly, 7 CFR part 1170 is 

amended as follows: 

PART 1170—DAIRY PRODUCT 

MANDATORY REPORTING 

■ 1. The authority citation for part 1170 

is revised to read as follows: 

Authority: 7 U.S.C. 1637–1637b, as 

amended by Pub. L. 106–532, 114 Stat. 2541; 

Pub. L. 107–171, 116 Stat. 207; and Pub. L. 

111–239, 124 Stat. 2501. 

■ 2. Revise § 1170.2 to read as follows: 

§ 1170.2 Act. 

Act means the Agricultural Marketing 

Act of 1946, 7 U.S.C. 1621 et seq., as 

amended by the Dairy Market 

Enhancement Act of 2000, Pub. L. 106– 

532, 114 Stat. 2541; the Farm Security 

and Rural Investment Act of 2002, Pub. 

L. 107–171, 116 Stat. 207; and the 

Mandatory Price Reporting Act of 2010, 

Pub. L. 111–239, 124 Stat. 2501. 

■ 3. Revise § 1170.7 to read as follows: 

§ 1170.7 Reporting requirements. 

(a) All dairy product manufacturers, 

with the exception of those who are 

exempt as described in § 1170.9, shall 

submit a report weekly to the 

Agricultural Marketing Service (AMS) 

by Tuesday, 12 noon local time of 

reporting entities, on all products sold 

as specified in § 1170.8 during the 7 

days ending 12 midnight of the previous 

Saturday, local time of the plant or 

storage facility where the sales are 

made. If a Federal holiday falls on 

Monday through Wednesday of a 

particular week, the due date for report 

submission may be adjusted. Prior to the 

beginning of each calendar year, AMS 

shall release, to manufacturers that are 

required to report, the times and dates 

that reports are due. For the applicable 

products, the report shall be submitted 

by electronic means specified by AMS 

and shall indicate the name, address, 

plant location(s), quantities sold, total 

sales dollars, dollars per pound, and the 

moisture content where applicable. 

Each sale shall be reported for the time 

period when the transaction is 

completed, i.e. the product is ‘‘shipped 

out’’ and title transfer occurs. Each sale 

shall be reported either f.o.b. plant if the 

product is ‘‘shipped out’’ from the plant 

or f.o.b. storage facility location if the 

product is ‘‘shipped out’’ from a storage 

facility. In calculating the total dollars 

received and dollars per pound, the 

reporting entity shall neither add 

transportation charges incurred at the 

time the product is ‘‘shipped out’’ or 

after the product is ‘‘shipped out’’ nor 

deduct transportation charges incurred 

before the product is ‘‘shipped out.’’ In 

calculating the total dollars received 

and dollars per pound, the reporting 

entity shall not deduct brokerage fees or 

clearing charges paid by the 

manufacturer. 

(b) Manufacturers or other persons 

storing dairy products are required to 

report, on a monthly basis, stocks of 

dairy products (as defined in § 1170.4) 

on hand, on the appropriate forms 

supplied by the National Agricultural 

Statistic Service. The report shall 

indicate the name, address, and stocks 

on hand at the end of the month for 

each storage location. 

■ 4. Revise § 1170.8 (a)(3)(ii) to read as 

follows: 

§ 1170.8 Price reporting specifications. 

* * * * * 

(a) * * * 

(3) * * * 

(ii) 500-pound barrels: Report 

weighted average moisture content of 

cheese sold. AMS will adjust price to a 

benchmark of 38.0 percent based on 

standard moisture adjustment formulas. 

Exclude cheese with moisture content 

exceeding 37.7 percent. 

* * * * * 

■ 5. Add § 1170.17 to read as follows: 

§ 1170.17 Publication of statistical 

information. 

Not later than 3 p.m. Eastern Time on 

the Wednesday of each week, AMS shall 

publish aggregated information obtained 

from manufacturers or other persons of 

all products sold as specified in 

§ 1170.8. If a Federal holiday falls on 

Monday through Wednesday of a 

particular week, the due date for report 

publication may be adjusted. The public 

shall be notified of report times prior to 

the beginning of the calendar year. 

Dated: February 9, 2012. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–3566 Filed 2–14–12; 8:45 am] 

BILLING CODE 3410–02–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1003 

[Docket No. CFPB–2011–0020] 

RIN 3170–AA06 

Home Mortgage Disclosure 

(Regulation C) 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule; official commentary. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is 

publishing a final rule amending the 

official commentary that interprets the 

requirements of Regulation C (Home 

Mortgage Disclosure) to reflect a change 

in the asset-size exemption threshold for 

depository institutions based on the 

annual percentage change in the 

Consumer Price Index for Urban Wage 

Earners and Clerical Workers (CPI–W). 

The exemption threshold has been 

adjusted to increase to $41 million from 

$40 million. The adjustment is based on 

the 3.43 percent increase in the average 

of the CPI–W for the twelve-month 

period ending in November 2011. 

Therefore, depository institutions with 

assets of $41 million or less as of 

December 31, 2011 are exempt from 

collecting data in 2012. 

DATES: Effective February 15, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Diamantis, Senior Counsel, 

Office of Regulations, at (202) 435–7700. 

SUPPLEMENTARY INFORMATION: The Home 

Mortgage Disclosure Act of 1975, as 

amended (HMDA; 12 U.S.C. 2801 et 

seq.) requires most mortgage lenders 

located in metropolitan areas to collect 

data about their housing-related lending 

activity. Annually, lenders must report 

those data to the appropriate federal 

agencies and make the data available to 

the public. The Bureau’s Regulation C, 

12 CFR part 1003, implements HMDA. 

Prior to 1997, HMDA exempted 

depository institutions with assets 


erowe on DSK2VPTVN1PROD with RULES
8722 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 

totaling $10 million or less, as of the 

preceding year-end. Provisions of the 

Economic Growth and Regulatory 

Paperwork Reduction Act of 1996, 12 

U.S.C. 2808(b), amended HMDA to 

expand the asset-size exemption for 

depository institutions. The statutory 

amendment increased the dollar amount 

of the asset-size exemption threshold by 

requiring a one-time adjustment of the 

$10 million figure based on the 

percentage by which the CPI–W for 

1996 exceeded the CPI–W for 1975, and 

it provided for annual adjustments 

thereafter based on the annual 

percentage increase in the CPI–W, 

rounded to the nearest multiple of one 

million dollars. 

The definition of ‘‘financial 

institution’’ in Regulation C provides 

that the Bureau will adjust the asset 

threshold based on the year-to-year 

change in the average of the CPI–W, not 

seasonally adjusted, for each twelve 

month period ending in November, 

rounded to the nearest million. 12 CFR 

1003.2. For 2011, the threshold was $40 

million. During the twelve-month 

period ending in November 2011, the 

CPI–W increased by 3.43 percent. As a 

result, the exemption threshold is 

increased to $41 million. Thus, 

depository institutions with assets of 

$41 million or less as of December 31, 

2011 are exempt from collecting data in 

2012. An institution’s exemption from 

collecting data in 2012 does not affect 

its responsibility to report data it was 

required to collect in 2011. 

Final Rule 

Under the Administrative Procedure 

Act, notice and opportunity for public 

comment are not required if the Bureau 

finds that notice and public comment 

are impracticable, unnecessary, or 

contrary to the public interest. 5 U.S.C. 

553(b)(B). Comment 2(Financial 

institution)-2 is amended to update the 

exemption threshold. The amendment 

in this notice is technical and nondiscretionary, and it merely applies the 

formula established by Regulation C for 

determining any adjustments to the 

exemption threshold. For these reasons, 

the Bureau has determined that 

publishing a notice of proposed 

rulemaking and providing opportunity 

for public comment are unnecessary. 

Therefore, the amendment is adopted in 

final form. 

List of Subjects in 12 CFR Part 1003 

Banks, Banking, Credit unions, 

Mortgages, National banks, Savings 

associations, Reporting and 

recordkeeping requirements. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau of Consumer 

Financial Protection amends 12 CFR 

part 1003 as follows: 

PART 1003—HOME MORTGAGE 

DISCLOSURE (REGULATION C) 

■ 1. The authority citation for part 1003 

continues to read as follows: 

Authority: 12 U.S.C. 2803, 2804, 2805, 

5512, 5581. 

■ 2. In Appendix B to part 1003, 

Supplement I to part 1003, under 

Section 1003.2—Definitions, Financial 

institution, paragraph 2 is revised to 

read as follows: 

Appendix B to Part 1003—Form and 

Instructions for Data Collection on 

Ethnicity, Race, and Sex 

* * * * * 

Supplement I to Part 1003—Staff 

Commentary 

* * * * * 

Section 1003.2—Definitions. 

* * * * * 

Financial institution. 

* * * * * 

2. Adjustment of exemption threshold for 

depository institutions. For data collection in 

2012, the asset-size exemption threshold is 

$41 million. Depository institutions with 

assets at or below $41 million as of December 

31, 2011 are exempt from collecting data for 

2012. 

* * * * * 

Dated: February 3, 2012. 

Richard Cordray, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2012–3460 Filed 2–14–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0453; Directorate 

Identifier 2008–SW–16–AD; Amendment 39– 

16942; AD 2012–03–01] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland Model EC135 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter Deutschland (ECD) Model 

EC135 helicopters. This AD results from 

a mandatory continuing airworthiness 

information (MCAI) AD issued by the 

aviation authority of the Federal 

Republic of Germany, with which we 

have a bilateral agreement, to identify 

and correct an unsafe condition. The 

MCAI AD states that in the past, the 

FADEC FAIL caution light illuminated 

on a few EC135 T1 helicopters. It states 

that this was caused by a discrepancy in 

the parameters that was generated 

within the fuel main metering unit and 

transmitted to the FADEC. This 

discrepancy led to the display of the 

FADEC FAIL caution light and 

‘‘freezing’’ of the fuel main metering 

valve at its position, resulting in loss of 

the automatic engine control in the 

affected system. With the MCAI AD, a 

synchronization procedure for pilots, 

which was already used in the past, is 

being reintroduced, which prevents the 

parameter discrepancy arising and thus 

sustains the automatic engine control. 

The AD actions are intended to 

prevent failure of the FADEC to 

automatically meter fuel, indicated by a 

FADEC FAIL cockpit caution light, and 

subsequent loss of control of the 

helicopter. 

DATES: Effective March 21, 2012. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http:// 

www.eurocopter.com/techpub. You may 

review a copy of the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

Examining the AD Docket: 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov, or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except federal holidays. The AD docket 

contains this AD, the economic 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

800–647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Eric 

Haight, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Guidance Group, Fort Worth, Texas 

76137; telephone (817) 222–5204; email: 

eric.haight@faa.gov. 

SUPPLEMENTARY INFORMATION: 


erowe on DSK2VPTVN1PROD with RULES