Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9093 

failure to meet such other requirements 

by applicants does not adversely affect 

the operation of the program. 

§ 1580.502 Maintenance of records, audits, 

and compliance. 

(a) Producers making application for 

benefits under this program must 

maintain accurate records and accounts 

that will document that they meet all 

eligibility requirements specified 

herein, as may be requested. Such 

records and accounts must be retained 

for 2 years after the date of the final 

payment to the producer under this 

program. 

(b) At all times during regular 

business hours, authorized 

representatives of the U.S. Department 

of Agriculture or any agency thereof, the 

Comptroller General of the United 

States shall have access to the premises 

of the producer in order to inspect, 

examine, and make copies of the books, 

records, and accounts, and other written 

data as specified in paragraph (a) of this 

section. 

(c) Audits of certifications of average 

adjusted gross income may be 

conducted as necessary to determine 

compliance with the requirements of 

this subpart. As a part of this audit, 

income tax forms may be requested and 

if requested, must be supplied. If a 

producer has submitted information to 

FSA, including a certification from a 

certified public accountant or attorney, 

that relied upon information from a 

form previously filed with the Internal 

Revenue Service, such producer shall 

provide FSA a copy of any amended 

form filed with the Internal Revenue 

Service within 30 days of the filing. 

(d) If requested in writing by the U.S. 

Department of Agriculture or any 

agency thereof, or the Comptroller 

General of the United States, the 

producer shall provide all information 

and documentation the reviewing 

authority determines necessary to verify 

any information or certification 

provided under this subpart, including 

all documents referred to in 

§ 1580.301(c) of this part, within 30 

days. Acceptable production 

documentation may be submitted by 

facsimile, in person, or by mail and may 

include copies of receipts, ledgers, 

income statements, deposit slips, 

register tapes, invoices for custom 

harvesting, records to verify production 

costs, contemporaneous measurements, 

truck scale tickets, fish tickets, landing 

reports, and contemporaneous diaries 

that are determined acceptable. Failure 

to provide necessary and accurate 

information to verify compliance, or 

failure to comply with this part’s 

requirements, will result in ineligibility 

for all program benefits subject to this 

part for the year or years subject to the 

request. 

§ 1580.503 Recovery of overpayments. 

(a) If the Administrator (FAS) 

determines that any producer has 

received any payment under this 

program to which the producer was not 

entitled, or has expended funds 

received under this program for purpose 

that was not approved by the 

Administrator (FAS) such producer will 

be liable to repay such amount. The 

Administrator (FAS) may waive such 

repayment if it is determined that: 

(1) The payment was made without 

fault on the part of the producer; and 

(2) Requiring such repayment would 

be contrary to equity and good 

conscience. 

(b) Unless an overpayment is 

otherwise recovered, or waived under 

paragraph (a) of this section, the 

Administrator (FAS), shall recover the 

overpayment as a debt following the 

procedures in 7 CFR part 3. The 

requirement for demand and notice and 

opportunity for a hearing under the debt 

collection procedures in 7 CFR part 3 

shall satisfy the notice and hearing 

requirements under 19 U.S.C. 2401f(c), 

and the appeal procedures in § 1580.505 

of this part shall not apply to collection 

of overpayments 

§ 1580.504 Debarment, suspension, and 

penalties. 

(a) Generally. The regulations 

governing Governmentwide Debarment 

and Suspension (Nonprocurement), 7 

CFR part 3017, and Government 

Requirements for Drug-Free Workplace 

(Financial Assistance), 7 CFR part 3021, 

apply to this part. 

(b) Additional specific suspension 

and debarment provision for this 

program. In addition to any other 

debarment or suspension of a producer 

under paragraph (a) of this section, in 

connection with this program, if the 

Administrator (FAS) or a court of 

competent jurisdiction, determines that 

a producer: 

(1) Knowingly has made, or caused 

another to make, a false statement or 

representation of a material fact, or 

(2) Knowingly has failed, or caused 

another to fail, to disclose a material 

fact; and, as a result of such false 

statement or representation, or of such 

nondisclosure, such producer has 

received any payment under this 

program to which the producer was not 

entitled, the Administrator (FAS) shall 

suspend and debar such producer from 

any future payments under this 

program, as provided in 19 U.S.C. 

2401f(b). 

(c) Criminal penalty. Whoever makes 

a false statement of a material fact 

knowing it to be false, or knowingly 

fails to disclose a material fact, for the 

purpose of obtaining or increasing for 

himself or for any other producer any 

payments authorized to be furnished 

under this program shall be fined not 

more that $10,000 or imprisoned for not 

more than 1 year, or both. 

§ 1580.505 Appeals. 

(a) A producer adversely affected by 

a determination with respect to their 

application for trade adjustment 

assistance under § 1580.301 of this part 

or with respect to the receipt of 

technical assistance or payments under 

§ 1580.302 of this part may file a notice 

of appeal within 30 days of the date that 

the notification of the adverse 

determination was sent. 

(b) A producer may not seek judicial 

review of any adverse decision under 

this paragraph without receiving a final 

determination pursuant to this 

paragraph. 

§ 1580.506 Judicial review. 

Any producer aggrieved by a final 

agency determination under this part 

may appeal to the U.S. Court of 

International Trade for a review of such 

determination in accordance with its 

rules and procedures. 

§ 1580.602 Paperwork Reduction Act. 

The information collection 

requirements contained in this part have 

been approved by the Office of 

Management and Budget (OMB) under 

the provisions of 44 U.S.C. Chapter 35 

and been assigned OMB control number 

0551–0040. 

Dated: February 22, 2010. 

John D. Brewer, 

Administrator, Foreign Agricultural Service. 

[FR Doc. 2010–3984 Filed 2–26–10; 8:45 am] 

BILLING CODE 3410–10–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 201 

[Regulation A] 

Extensions of Credit by Federal 

Reserve Banks 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule. 

SUMMARY: The Board of Governors of the 

Federal Reserve System (Board) has 

adopted final amendments to its 

Regulation A to reflect the Board’s 

approval of an increase in the primary 

credit rate at each Federal Reserve Bank. 

mstockstill on DSKH9S0YB1PROD with RULES

9094 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

1The maximum maturity of primary credit loans 

was extended from overnight to 30 days on August 

17, 2007, and further extended to 90 days on March 

16, 2008. The Federal Reserve began the process of 

normalizing the terms on primary credit by 

reducing the typical maximum maturity to 28 days 

effective January 14, 2010. 

1The primary, secondary, and seasonal credit 

rates described in this section apply to both 

advances and discounts made under the primary, 

secondary, and seasonal credit programs, 

respectively. 

The secondary credit rate at each 

Reserve Bank automatically increased 

by formula as a result of the Board’s 

primary credit rate action. 

DATES: The amendments to part 201 

(Regulation A) are effective March 1, 

2010. The rate changes for primary and 

secondary credit were effective on the 

dates specified in 12 CFR 201.51, as 

amended. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer J. Johnson, Secretary of the 

Board (202–452–3259); for users of 

Telecommunication Devices for the Deaf 

(TDD) only, contact 202–263–4869. 

SUPPLEMENTARY INFORMATION: The 

Federal Reserve Banks make primary 

and secondary credit available to 

depository institutions as a backup 

source of funding on a short-term basis, 

usually overnight. The primary and 

secondary credit rates are the interest 

rates that the twelve Federal Reserve 

Banks charge for extensions of credit 

under these programs. In accordance 

with the Federal Reserve Act, the 

primary and secondary credit rates are 

established by the boards of directors of 

the Federal Reserve Banks, subject to 

the review and determination of the 

Board. 

Like the closure of a number of 

extraordinary credit programs earlier 

this month, the changes to the primary 

and secondary credit rates discussed 

below are intended as a further 

normalization of the Federal Reserve’s 

lending facilities. The modifications are 

not expected to lead to tighter financial 

conditions for households and 

businesses and do not signal any change 

in the outlook for the economy or for 

monetary policy, which remains about 

as it was at the January meeting of the 

Federal Open Market Committee 

(FOMC). At that meeting, the Committee 

left its target range for the federal funds 

rate at 0 to 1⁄4 percent and said it 

anticipates that economic conditions are 

likely to warrant exceptionally low 

levels of the federal funds rate for an 

extended period. 

The Board approved requests by the 

Reserve Banks to increase by 25 basis 

points the primary credit rate in effect 

at each of the twelve Federal Reserve 

Banks, thereby increasing from 1⁄2

percent to 3⁄4 percent the rate that each 

Reserve Bank charges for extensions of 

primary credit. As a result of the Board’s 

action on the primary credit rate, the 

rate that each Reserve Bank charges for 

extensions of secondary credit 

automatically increased from 1.00 

percent to 1.25 percent under the 

secondary credit rate formula. The final 

amendments to Regulation A reflect 

these rate changes. 

The Board’s action widens the spread 

between the primary credit rate and the 

top of the FOMC’s 0 to 1⁄4 percent target 

range for the federal funds rate to 1⁄2

percentage point. As indicated in the 

Board’s press release announcing this 

action, the changes to the primary credit 

discount window facility are intended 

as a further normalization of the Federal 

Reserve’s lending facilities in light of 

continued improvement in financial 

market conditions. In addition, the 

Board announced that effective on 

March 18, the typical maximum 

maturity for primary credit loans will be 

reduced from 28 days to overnight.1 A 

press release announcing these actions 

noted that: 

The increase in the spread and reduction 

in maximum maturity will encourage 

depository institutions to rely on private 

funding markets for short-term credit and to 

use the Federal Reserve’s primary credit 

facility only as a backup source of funds. The 

Federal Reserve will assess over time 

whether further increases in the spread are 

appropriate in view of experience with the c 

percentage point spread. 

Regulatory Flexibility Act Certification 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 605(b)), the Board certifies 

that the new primary and secondary 

credit rates will not have a significantly 

adverse economic impact on a 

substantial number of small entities 

because the final rule does not impose 

any additional requirements on entities 

affected by the regulation. 

Administrative Procedure Act 

The Board did not follow the 

provisions of 5 U.S.C. 553(b) relating to 

notice and public participation in 

connection with the adoption of these 

amendments because the Board for good 

cause determined that delaying 

implementation of the new primary and 

secondary credit rates in order to allow 

notice and public comment would be 

unnecessary and contrary to the public 

interest in fostering price stability and 

sustainable economic growth. For these 

same reasons, the Board also has not 

provided 30 days prior notice of the 

effective date of the rule under section 

553(d). 

List of Subjects in 12 CFR Part 201 

Banks, Banking, Federal Reserve 

System, Reporting and recordkeeping. 

Authority and Issuance 

■ For the reasons set forth in the 

preamble, the Board is amending 12 

CFR Chapter II to read as follows: 

PART 201—EXTENSIONS OF CREDIT 

BY FEDERAL RESERVE BANKS 

(REGULATION A) 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 12 U.S.C. 248(i)–(j), 343 et seq., 

347a, 347b, 347c, 348 et seq., 357, 374, 374a, 

and 461. 

■ 2. In § 201.51, paragraphs (a) and (b) 

are revised to read as follows: 

§ 201.51 Interest rates applicable to credit 

extended by a Federal Reserve Bank.1

(a) Primary credit. The interest rates 

for primary credit provided to 

depository institutions under § 201.4(a) 

are: 

Federal Reserve 

Bank Rate Effective 

Boston .............. 0.75 February 19, 2010. 

New York .......... 0.75 February 19, 2010. 

Philadelphia ...... 0.75 February 19, 2010. 

Cleveland ......... 0.75 February 19, 2010. 

Richmond ......... 0.75 February 19, 2010. 

Atlanta .............. 0.75 February 19, 2010. 

Chicago ............ 0.75 February 19, 2010. 

St. Louis ........... 0.75 February 19, 2010. 

Minneapolis ...... 0.75 February 19, 2010. 

Kansas City ...... 0.75 February 19, 2010. 

Dallas ............... 0.75 February 19, 2010. 

San Francisco .. 0.75 February 19, 2010. 

(b) Secondary credit. The interest 

rates for secondary credit provided to 

depository institutions under 201.4(b) 

are: 

Federal Reserve 

Bank Rate Effective 

Boston .............. 1.25 February 19, 2010. 

New York .......... 1.25 February 19, 2010. 

Philadelphia ...... 1.25 February 19, 2010. 

Cleveland ......... 1.25 February 19, 2010. 

Richmond ......... 1.25 February 19, 2010. 

Atlanta .............. 1.25 February 19, 2010. 

Chicago ............ 1.25 February 19, 2010. 

St. Louis ........... 1.25 February 19, 2010. 

Minneapolis ...... 1.25 February 19, 2010 

Kansas City ...... 1.25 February 19, 2010. 

Dallas ............... 1.25 February 19, 2010. 

San Francisco .. 1.25 February 19, 2010. 

* * * * * 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9095 

By order of the Board of Governors of the 

Federal Reserve System, February 23, 2010. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2010–4086 Filed 2–26–10; 8:45 am] 

BILLING CODE 6210–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 1, 21, 43, and 45 

[Docket No. FAA–2006–25877; Amendment 

Nos. 21–92A and 43–43A] 

RIN 2120–AJ44 

Production and Airworthiness 

Approval, Part Marking, and 

Miscellaneous Amendments; 

Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is making certain 

corrections to the Certification 

Procedures and Identification 

Requirements for Aeronautical Products 

and Articles final rule published on 

October 16, 2009 (74 FR 53368). The 

purpose of that final rule was to update 

and standardize those requirements for 

production approval holders (PAHs), 

revise export airworthiness approval 

requirements to facilitate global 

manufacturing, move all part marking 

requirements from part 21 to part 45, 

and amend the identification 

requirements for products and articles. 

In the amendatory language and the 

preamble, we inadvertently referred to 

incorrect paragraphs and text. This 

document corrects those errors. 

DATES: These corrections, including a 

correction to the effective date of the 

October 16, 2009, final rule, will 

become effective on April 14, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Capron and/or Robert Cook, 

Production Certification Branch, AIR– 

220, Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

385–6360 or (202) 385–6358; e-mail: 

barbara.capron@faa.gov or 

robert.cook@faa.gov. For legal questions 

concerning this rule, contact Angela 

Washington, AGC–210, Office of the 

Chief Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–7556; e-mail: 

angela.washington@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 16, 2009 (74 FR 53368), 

we published a final rule that 

standardized, revised, and relocated 

certification procedures and 

identification requirements in Title 14, 

Code of Federal Regulations (14 CFR), 

parts 1, 21, 43, and 45. The rule was 

necessary to further promote safety by 

ensuring that aircraft and products and 

articles designed specifically for use in 

aircraft, wherever manufactured, meet 

appropriate minimum standards for 

design and construction. 

In §§ 21.9(b) and (c) of the final rule, 

we inadvertently referred to paragraphs 

(a)(1) through (a)(4), when we should 

have referred to paragraphs (a)(1) and 

(a)(2). When we added text to reserved 

§ 21.122, in paragraph (a) we 

inadvertently stated ‘‘An applicant may 

obtain a production certificate for’’ when 

we should have stated ‘‘A type 

certificate holder may utilize’’. In 

§ 21.621, we also inadvertently referred 

to the ‘‘Issuance’’ rather than the ‘‘Issue’’ 

of letters of TSO design approval: 

import articles. 

In final rule FR Doc. E9–24821 

published on October 16, 2009 (74 FR 

53368), make the following corrections: 

A. Corrections to the Preamble 

1. On page 53368, in the first column, 

revise the Effective Date section to read 

as follows: ‘‘This rule is effective April 

16, 2011, except for the amendments to 

§§ 1.1, 1.2, 21.183, 21.185, 21.195, 

21.197, 21.223, 21.225, subparts L and 

N of part 21, and §§ 45.11 and 45.13, 

which are effective April 14, 2010.’’ 

2. On page 53375, in the first column, 

in the first paragraph of section 6, 

Location of or Change to Manufacturing 

Facilities, remove the words ‘‘or 

physical changes’’ from the first 

sentence, and remove the word ‘‘only’’ 

from the last sentence. 

3. On page 53379, in the second 

column, in the first paragraph of section 

13, Persons Authorized to Perform 

Maintenance, Preventive Maintenance, 

Rebuilding, and Alterations, remove the 

word ‘‘only’’ from the last sentence. 

4. On page 53379, in the third 

column, in the second paragraph of 

section 14, Statement of Conformity, 

remove the word ‘‘special’’ and add in its 

place the word ‘‘standard’’ in the last 

sentence. 

5. On page 53380, in the first column, 

revise the first paragraph of section C, 

Compliance Dates, to read: ‘‘The 

effective and compliance date for part 1; 

part 21, subparts H, I, L, and N; and part 

45, subpart B, §§ 45.11 and 45.13 is 180 

days after publication in the Federal 

Register. The rule changes in these 

subparts are either cost relieving or have 

no economic impact on industry. The 

changes do not affect, and are not 

affected by, other changes to the rule. 

Therefore, the compliance date is the 

same as the effective date. All other 

portions of the final rule either 

promulgate new requirements or are 

tied to other requirements that have an 

extended effective and compliance date. 

These rule provisions have an effective 

and compliance date of 18 months after 

publication in the Federal Register.’’ 

B. Corrections to the Regulatory Text 

1. On page 53385, in the third 

column, in the amendment for § 21.9: 

A. In paragraph (b), remove the words 

‘‘(a)(1) through (a)(4)’’ and add in their 

place the words ‘‘(a)(1) and (a)(2)’’; and 

B. In paragraph (c) introductory text, 

remove the words ‘‘(a)(1) through (a)(4)’’ 

and add in their place the words ‘‘(a)(1) 

and (a)(2)’’. 

2. On page 53387, in the second 

column, in the amendment for § 21.122, 

amend paragraph (a) by removing the 

words ‘‘An applicant may obtain a 

production certificate for’’ and adding in 

their place the words ‘‘A type certificate 

holder may utilize’’. 

3. On page 53393, in the third 

column, in the amendment for § 21.621, 

revise the section heading to read as 

follows: 

§ 21.621 Issue of letters of TSO design 

approval: Import articles. 

* * * * * 

Issued in Washington, DC, on February 24, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–4161 Filed 2–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30711; Amdt. No. 3362] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

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