Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 69583 

currently pay a fee) is de minimis in 

nature and is outweighed by the 

economic benefit of additional 

insurance coverage. 

Accordingly, the final rule does not 

have a significant economic impact on 

a substantial number of small entities. 

D. The Treasury and General 

Government Appropriations Act, 1999— 

Assessment of Federal Regulations and 

Policies on Families 

The FDIC has determined that the 

final rule will not affect family wellbeing within the meaning of section 654 

of the Treasury and General 

Government Appropriations Act, 

enacted as part of the Omnibus 

Consolidated and Emergency 

Supplemental Appropriations Act of 

1999 (Pub. L. 105–277, 112 Stat. 2681). 

E. Small Business Regulatory 

Enforcement Fairness Act 

The Office of Management and Budget 

has determined that the final rule is not 

a ‘‘major rule’’ within the meaning of the 

relevant sections of the Small Business 

Regulatory Enforcement Act of 1996 

(‘‘SBREFA’’) (5 U.S.C. 801 et seq.). As 

required by SBREFA, the FDIC will file 

the appropriate reports with Congress 

and the General Accounting Office so 

that the final rule may be reviewed. 

F. Plain Language 

Section 722 of the Gramm-LeachBliley Act (Pub. L. 106–102, 113 Stat. 

1338, 1471), requires the Federal 

banking agencies to use plain language 

in all proposed and final rules 

published after January 1, 2000. The 

FDIC has sought to present the final rule 

in a simple and straightforward manner, 

and has made revisions to the proposed 

rule in response to commenter concerns 

seeking clarification of the application 

of the deposit insurance rules. 

List of Subjects in 12 CFR Part 330 

Bank deposit insurance, Banks, 

Banking, Reporting and recordkeeping 

requirements, Savings and loan 

associations, Trusts and trustees. 

■ For the reasons stated above, the 

Board of Directors of the Federal 

Deposit Insurance Corporation hereby 

amends part 330 of title 12 of the Code 

of Federal Regulations as follows: 

PART 330—DEPOSIT INSURANCE 

COVERAGE 

■ 1. The authority citation for part 330 

continues to read as follows: 

Authority: 12 U.S.C. 1813(1), 1813(m), 

1817(i), 1818(q), 1819 (Tenth), 1820(f), 

1821(a), 1822(c). 

■ 2. In § 330.1, paragraph (r) is added to 

read as follows: 

§ 330.1. Definitions. 

* * * * * 

(r) Noninterest-bearing transaction 

account means a deposit or account 

maintained at an insured depository 

institution— 

(1) With respect to which interest is 

neither accrued nor paid; 

(2) On which the depositor or account 

holder is permitted to make 

withdrawals by negotiable or 

transferable instrument, payment orders 

of withdrawal, telephone or other 

electronic media transfers, or other 

similar items for the purpose of making 

payments or transfers to third parties or 

others; and 

(3) On which the insured depository 

institution does not reserve the right to 

require advance notice of an intended 

withdrawal. 

* * * * * 

■ 3. New § 330.16 is added to read as 

follows: 

§ 330.16 Noninterest-bearing transaction 

accounts. 

(a) Separate insurance coverage. From 

December 31, 2010, through December 

31, 2012, a depositor’s funds in a 

‘‘noninterest-bearing transaction 

account’’ (as defined in § 330.1(r)) are 

fully insured, irrespective of the 

SMDIA. Such insurance coverage shall 

be separate from the coverage provided 

for other accounts maintained at the 

same insured depository institution. 

(b) Certain swept funds. 

Notwithstanding its normal rules and 

procedures regarding sweep accounts 

under 12 CFR 360.8, the FDIC will treat 

funds swept from a noninterest-bearing 

transaction account to a noninterestbearing savings deposit account as being 

in a noninterest-bearing transaction 

account. 

(c) Disclosure and notice 

requirements. (1) Each depository 

institution that offers noninterestbearing transaction accounts must post 

prominently the following notice in the 

lobby of its main office, in each 

domestic branch and, if it offers Internet 

deposit services, on its Web site: 

NOTICE OF CHANGES IN TEMPORARY 

FDIC INSURANCE COVERAGE FOR 

TRANSACTION ACCOUNTS 

All funds in a ‘‘noninterest-bearing 

transaction account’’ are insured in full by 

the Federal Deposit Insurance Corporation 

from December 31, 2010, through December 

31, 2012. This temporary unlimited coverage 

is in addition to, and separate from, the 

coverage of at least $250,000 available to 

depositors under the FDIC’s general deposit 

insurance rules. 

The term ‘‘noninterest-bearing transaction 

account’’ includes a traditional checking 

account or demand deposit account on which 

the insured depository institution pays no 

interest. It does not include other accounts, 

such as traditional checking or demand 

deposit accounts that may earn interest, 

NOW accounts, money-market deposit 

accounts, and Interest on Lawyers Trust 

Accounts (‘‘IOLTAs’’). 

For more information about temporary 

FDIC insurance coverage of transaction 

accounts, visit www.fdic.gov. 

(2) Institutions participating in the 

FDIC’s Transaction Account Guarantee 

Program on December 31, 2010, must 

provide a notice by mail to depositors 

with negotiable order of withdrawal 

accounts that are protected in full as of 

that date under the Transaction Account 

Guarantee Program and to depositors 

with Interest on Lawyer Trust Accounts 

that, as of January 1, 2011, such 

accounts no longer will be eligible for 

unlimited protection. This notice must 

be provided to such depositors no later 

than December 31, 2010. 

(3) If an institution uses sweep 

arrangements, modifies the terms of an 

account, or takes other actions that 

result in funds no longer being eligible 

for full coverage under this section, the 

institution must notify affected 

customers and clearly advise them, in 

writing, that such actions will affect 

their deposit insurance coverage. 

Dated at Washington DC, this 9th day of 

November 2010. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2010–28627 Filed 11–12–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Parts 4 and 10 

[CBP Dec. 10–33] 

Technical Corrections to Customs and 

Border Protection Regulations 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Final rule. 

SUMMARY: Customs and Border 

Protection (CBP) periodically reviews its 

regulations to ensure that they are 

current, correct, and consistent. 

Through this review process, CBP 

discovered a number of discrepancies. 

This document amends various sections 

of title 19 of the Code of Federal 


jdjones on DSK8KYBLC1PROD with RULES
69584 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 

1The Trade Act amended 46 U.S.C. App. 91. 

However, 46 U.S.C. App. 91 was recodified to 46 

U.S.C. 60105 by statute (Pub. L. 109–304, 120 Stat. 

1675 (Oct. 9, 2006)). 

Regulations to remedy those 

discrepancies. 

DATES: The final rule is effective 

November 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Shervette, Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, Office of International Trade, 

(202) 325–0274. 

SUPPLEMENTARY INFORMATION: 

Background 

It is the policy of Customs and Border 

Protection (CBP) to periodically review 

title 19 of the Code of Federal 

Regulations (19 CFR) to ensure that it is 

accurate and up-to-date so that the 

importing and general public is aware of 

CBP programs, requirements, and 

procedures regarding import-related 

activities. As part of this review policy, 

CBP has determined that certain 

corrections to 19 CFR parts 4 and 10 are 

necessary. 

Discussion of Changes 

Part 4 

Sections 4.2, 4.3, 4.9, and 4.60 of the 

CBP regulations (19 CFR 4.2, 4.3, 4.9, 

and 4.60) govern the arrival, entry, and 

clearance of vessels. Currently, these 

regulatory provisions require, in part, 

that U.S. vessels carrying bonded 

merchandise must report their arrival, 

make formal entry, and obtain formal 

clearance, when arriving or departing a 

port or place within the United States. 

These regulatory provisions are not in 

conformance with their respective 

controlling statutes. Sections 1452(a)(1), 

(2), and (3) of the Tariff Suspension and 

Trade Act of 2000 (‘‘Trade Act’’) (Pub. L. 

106–476, 114 Stat. 2167 (2000)) 

amended 19 U.S.C. 1433(a)(1)(C), 19 

U.S.C. 1434(a)(3), and 46 U.S.C. 

60105(a)(2) 1 to exempt arriving and 

departing vessels of the United States 

that are carrying bonded merchandise 

from these arrival, entry, and clearance 

requirements. Accordingly, this 

document makes conforming changes to 

§§ 4.2(a), 4.3(a)(3), 4.9(b), and 4.60(a)(3) 

to reflect these statutory amendments. 

Part 10 

Section 10.121 of the CBP regulations 

(19 CFR 10.121) governs CBP’s role in 

administering the duty-free importation 

of qualifying visual and auditory 

materials under the ‘‘Agreement for 

Facilitating the International Circulation 

of Visual and Auditory Materials of an 

Educational, Scientific, and Cultural 

Character’’ made at Beirut, Lebanon in 

1948 (also referred to as the ‘‘Beirut 

Agreement of 1948’’) (Pub. L. 89–634, 80 

Stat. 879 (October 8, 1966)). Executive 

Order 11311, 31 FR 13413 (Oct. 18, 

1966), implemented the United States’ 

obligations under the Agreement and 

designated the United States 

Information Agency (USIA) to carry out 

its provisions. The USIA was abolished 

in 1999 by the Foreign Affairs Reform 

and Restructuring Act of 1998 (Pub. L. 

105–277, 112 Stat. 2681–776 (1998)), 

and its functions transferred to the U.S. 

Department of State. This document 

amends 19 CFR 10.121 to reflect this 

fact. 

This document also amends 

§ 10.121(a) to reflect the changes made 

to subheading 9817.00.40 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS), and to the U.S. 

Notes in Subchapter XVII, Chapter 98, 

HTSUS. Subheading 9817.00.40, 

HTSUS, permits duty-free treatment for 

certain articles that are determined to be 

visual or auditory materials of an 

educational, scientific, or cultural 

character within the meaning of Article 

I of the Agreement. The U.S. Notes to 

Subchapter XVII were changed by 

Presidential Proclamation. See 

Proclamation No. 5978, 54 FR 21187 

(May 17, 1989). The note related to the 

Agreement for subheading 9817.00.40, 

HTSUS, was changed from ‘‘note 1’’ to 

‘‘note 1(a)(i)’’. Section 10.121(a) 

currently references ‘‘U.S. Note 1,’’ 

which is amended to reference ‘‘U.S. 

note 1(a)(i).’’ 

In addition, this document amends 

§ 10.121(b) to remove the word ‘‘shall’’ 

in the first, second and last sentences 

and to replace it with the word ‘‘will’’ in 

order to conform this regulation with 

the plain English mandate. Lastly, the 

word ‘‘immediately’’ is deleted from the 

last sentence because the use of this 

term conflicts with the phrase ‘‘in the 

ordinary course’’ as a consumption entry 

would liquidate on a set schedule and 

not immediately as the sentence 

currently reads. 

Other Changes 

This document also makes nonsubstantive amendments to 19 CFR to 

reflect the nomenclature changes made 

necessary by the transfer of the legacy 

U.S. Customs Service of the Department 

of the Treasury to the Department of 

Homeland Security (DHS) and DHS’s 

subsequent renaming of the agency as 

U.S. Customs and Border Protection on 

March 31, 2007 (see 72 FR 20131 (April 

23, 2007)). 

Inapplicability of Notice and Delayed 

Effective Date 

Because the technical corrections set 

forth in this document merely conform 

to existing law and regulation, CBP 

finds that good cause exists for 

dispensing with notice and public 

procedure as unnecessary under 5 

U.S.C. 553(b)(B). For this same reason, 

pursuant to 5 U.S.C. 553(d)(3), CBP 

finds that good cause exists for 

dispensing with the requirement for a 

delayed effective date. 

Regulatory Flexibility Act 

Because this document is not subject 

to the notice and public procedure 

requirements of 5 U.S.C. 553, it is not 

subject to the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Executive Order 12866 

These amendments do not meet the 

criteria for a ‘‘significant regulatory 

action’’ as specified in Executive Order 

12866. 

Signing Authority 

This document is limited to technical 

corrections of the CBP regulations. 

Accordingly, it is being signed under 

the authority of 19 CFR 0.1(b)(1). 

List of Subjects 

19 CFR Part 4 

Administrative practice and 

procedure, Arrival, Bonds, Cargo 

vessels, Customs duties and inspection, 

Entry, Imports, Merchandise, Reporting 

and recordkeeping requirements, 

Shipping, Vessels. 

19 CFR Part 10 

Customs duties and inspection, Entry, 

Imports, Preference programs, Reporting 

and recordkeeping requirements, Trade 

agreements. 

Amendments to the Regulations 

■ For the reasons set forth above, parts 

4 and 10 of the CBP regulations (19 CFR 

parts 4 and 10) are amended as set forth 

below. 

PART 4—VESSELS IN FOREIGN AND 

DOMESTIC TRADES 

■ 1. The general and specific authority 

citations for part 4 continue to read as 

follows: 

Authority: 5. U.S.C. 301; 19 U.S.C. 66, 

1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 

501, 60105. 

* * * * * 

Section 4.2 also issued under 19 U.S.C. 

1441, 1486; 


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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 69585 

Section 4.3 also issued under 19 U.S.C. 

288, 1441; 

* * * * * 

Section 4.9 also issued under 42 U.S.C. 

269; 

* * * * * 

§ 4.2 [Amended] 

■ 2. In § 4.2: 

■ a. Paragraph (a) is amended: by 

removing the word ‘‘Customs’’ each time 

that it appears and adding in its place 

the term ‘‘CBP’’; in the first sentence, by 

removing the words ‘‘bonded 

merchandise or’’, and by removing the 

word ‘‘shall’’ and adding in its place the 

word ‘‘must’’, and; in the second 

sentence, by removing the word ‘‘shall’’ 

and adding in its place the word ‘‘may’’; 

■ b. Paragraph (b) is amended by 

removing the word ‘‘Customs’’ and 

adding in its place the word ‘‘customs’’; 

■ c. Paragraph (c) is amended, in the 

first sentence, by removing the word 

‘‘may’’ and adding in its place the word 

‘‘must’’, and by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘must’’; and; in the last sentence, by 

removing the word ‘‘shall’’ and adding in 

its place the word ‘‘will’’, and by 

removing the word ‘‘may’’ and adding in 

its place the word ‘‘must’’; and 

■ d. Paragraph (d) is amended by 

removing the word ‘‘shall’’ and adding in 

its place the word ‘‘must’’. 

§ 4.3 [Amended] 

■ 3. In § 4.3: 

■ a. Paragraph (a)(3) is amended by 

removing the words ‘‘merchandise on 

board which is being transported inbond (not including bonded ship’s 

stores or supplies), or’’, and adding the 

words ‘‘on board’’ after the words 

‘‘foreign merchandise’’; and 

■ b. Paragraph (b)(2) is amended by 

removing the word ‘‘Customs’’ each time 

that it appears and adding in its place 

the term ‘‘CBP’’. 

§ 4.9 [Amended] 

■ 4. In § 4.9: 

■ a. Paragraph (a) is amended by 

removing the word ‘‘Customs’’ each time 

that it appears and adding in its place 

the term ‘‘CBP’’; and 

■ b. Paragraph (b) is amended in the 

second sentence by removing the words 

‘‘when they have merchandise aboard 

which is being transported in-bond, or’’, 

by removing the third and fourth 

sentences, and by removing the word 

‘‘Customs’’ in the last sentence and 

adding in its place the term ‘‘CBP’’. 

§ 4.60 [Amended] 

■ 5. In § 4.60: 

■ a. Paragraph (a) is amended by 

removing the words ‘‘the Customs 

Service’’ and adding in their place the 

term ‘‘CBP’’; 

■ b. Paragraph (a)(3) is amended by 

removing the words ‘‘merchandise on 

board that is being transported in-bond 

(not including bonded ship’s stores or 

supplies), or’’; 

■ c. Paragraph (b)(1) is amended by 

removing the word ‘‘Customs’’ and 

adding in its place the word ‘‘customs’’; 

■ d. Paragraph (c) is amended by 

removing the word ‘‘shall’’ and adding in 

its place the word ‘‘will’’; 

■ e. Paragraph (d) is amended, in the 

first sentence, by removing the words 

‘‘shall be reported’’ and adding in their 

place the words ‘‘must be reported’’, and 

by removing the words ‘‘shall note’’ and 

adding in their place the words ‘‘will 

note’’, and; in the last sentence, by 

removing the word ‘‘shall’’ each time 

that it appears and adding in its place 

the word ‘‘must’’; and 

■ f. Paragraph (e) is amended by 

removing the word ‘‘shall’’ and adding in 

its place the word ‘‘will’’. 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

■ 6. The general authority citation for 

part 10 continues to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States (HTSUS)), 1321, 1481, 1484, 

1498, 1508, 1623, 1624, 3314. 

* * * * * 

■ 7. § 10.121 is revised to read as 

follows: 

§ 10.121 Visual or auditory materials of an 

educational, scientific, or cultural character. 

(a) Where photographic film and other 

articles described in subheading 

9817.00.40, Harmonized Tariff Schedule 

of the United States (HTSUS), are 

claimed to be free of duty under 

subheading 9817.00.40, HTSUS, there 

must be filed, in connection with the 

entry covering such articles, a document 

issued by the U.S. Department of State 

certifying that it has determined that the 

articles are visual or auditory materials 

of an educational, scientific, or cultural 

character within the meaning of the 

Agreement for Facilitating the 

International Circulation of Visual and 

Auditory Materials of an Educational, 

Scientific, and Cultural Character as 

required by U.S. note 1(a)(i), Subchapter 

XVII, chapter 98, HTSUS. 

(b) Articles entered under subheading 

9817.00.40, HTSUS, will be released 

from CBP custody prior to submission of 

the document required in paragraph (a) 

of this section only upon the deposit of 

estimated duties with the port director. 

Liquidation of an entry covering 

merchandise which has been released 

under this procedure will be suspended 

for a period of 90 days from the date of 

entry or until the required document is 

submitted, whichever occurs first. In the 

event that the director of the port of 

entry does not receive the required 

document within the 90-day period, the 

merchandise will be classified and 

liquidated in the ordinary course, 

without regard to subheading 

9817.00.40, HTSUS. 

Dated: November 9, 2010. 

David V. Aguilar, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

[FR Doc. 2010–28709 Filed 11–12–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510 and 520 

[Docket No. FDA–2010–N–0002] 

New Animal Drugs; Change of 

Sponsor; Sulfadiazine and 

Pyrimethamine Suspension 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for sulfadiazine and 

pyrimethamine oral suspension from 

Animal Health Pharmaceuticals, LLC, to 

Pegasus Laboratories, Inc. 

DATES: This rule is effective November 

15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steven D. Vaughn, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7520 Standish Pl., 

Rockville, MD 20855, 240–276–8300, 

e-mail: steven.vaughn@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Animal 

Health Pharmaceuticals, LLC, 1805 Oak 

Ridge Circle, suite 101, St. Joseph, MO 

64506, has informed FDA that it has 

transferred ownership of, and all rights 

and interest in, NADA 141–240 for 

REBALANCE (sulfadiazine and 

pyrimethamine) Antiprotozoal Oral 

Suspension to Pegasus Laboratories, 

Inc., 8809 Ely Rd., Pensacola, FL 32514. 

Accordingly, the regulations are 

amended in 21 CFR 520.2215 to reflect 

this change of sponsorship. 

Following this change of sponsorship, 

Animal Health Pharmaceuticals, LLC, is 

no longer the sponsor of an approved 

application. Accordingly, § 510.600 (21 


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