This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

39245 

Vol. 76, No. 129 

Wednesday, July 6, 2011 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0031] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/U.S. Coast Guard—008 Courts 

Martial Case Files System of Records; 

Correction 

AGENCY: Privacy Office, DHS. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Homeland 

Security published in the Federal 

Register of May 13, 2011 a final rule 

that amended its regulations to exempt 

portions of a Department of Homeland 

Security/U.S. Coast Guard system of 

records titled, ‘‘Department of 

Homeland Security/U.S. Coast Guard— 

008 Courts Martial Case Files System of 

Records′′ from certain provisions of the 

Privacy Act. Inadvertently the wrong 

paragraph number was designated in the 

regulatory text. This document corrects 

that error. 

DATES: This final rule is effective July 6, 

2011. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact 

Marilyn Scott-Perez (202–475–3515), 

Privacy Officer, U.S. Coast Guard. For 

privacy issues please contact Mary Ellen 

Callahan (703–235–0780), Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: The 

Department of Homeland Security 

published a document in the Federal 

Register of May 13, 2011, a final rule 

that amended its regulations to exempt 

portions of a Department of Homeland 

Security/U.S. Coast Guard system of 

records titled, ‘‘Department of 

Homeland Security/U.S. Coast Guard 

-008 Courts Martial Case Files System of 

Records′′ from certain provisions of the 

Privacy Act. Specifically, the 

Department amended Appendix C to 6 

CFR part 5 to exempt portions of the 

Department of Homeland Security/U.S. 

Coast Guard—008 Courts Martial Case 

Files System of Records from one or 

more provisions of the Privacy Act 

because of criminal, civil, and 

administrative enforcement 

requirements. Inadvertently the 

paragraph designator ‘‘12’’ was used in 

the regulatory text instead of ‘‘54.’’ This 

document corrects that error. 

Accordingly, 6 CFR part 5, appendix 

C is corrected as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 1. The authority citation for part 5 

continues to read as follows: 

Authority: Pub L. 107–296, 116 Stat. 2135; 

(6 U.S.C. 101 et seq.); 5 U.S.C. 301. 

Appendix C to Part 5—[Corrected] 

■ 2. In appendix C to part 5, the 

paragraph ‘‘12’’ following paragraph 53 

is redesignated as ‘‘54.’’ 

Dated: June 21, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–16805 Filed 7–5–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2011–BT–STD– 

0011] 

RIN 1904–AC06 

Energy Conservation Program: Energy 

Conservation Standards for 

Residential Furnaces and Residential 

Central Air Conditioners and Heat 

Pumps; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Direct final rule; correction. 

SUMMARY: This document corrects the 

preamble to a direct final rule (DFR) 

which was published in the Federal 

Register on June 27, 2011, regarding the 

Energy Conservation Program: Energy 

Conservation Standards for Residential 

Furnaces and Residential Central Air 

Conditioners and Heat Pumps. This 

correction revises the DFR’s discussion 

of review under the Regulatory 

Flexibility Act (RFA) in section V, 

‘‘Procedural Issues and Regulatory 

Review.’’ 

DATES: Effective October 25, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mohammed Khan (furnaces) or Mr. 

Wesley Anderson (central air 

conditioners and heat pumps), U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–7892 or (202) 

586–7335. E-mail: 

Mohammed.Khan@ee.doe.gov or 

Wes.Anderson@ee.doe.gov. 

Mr. Eric Stas or Ms. Jennifer 

Tiedeman, U.S. Department of Energy, 

Office of the General Counsel, GC–71, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9507 or (202) 

287–6111. E-mail: Eric.Stas@hq.doe.gov 

or Jennifer.Tiedeman@hq.doe.gov. 

Correction 

In direct final rule document FR 

2011–14557 appearing on page 37408, 

in the issue of Monday, June 27, 2011, 

the following corrections should be 

made: 

1. On page 37540, in the third 

column, the first two paragraphs under 

section B, ‘‘Review Under the 

Regulatory Flexibility Act,’’ are 

corrected to read as follows: 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (IRFA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. As 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), U.S. Department of 

Energy (DOE) published procedures and 

policies on February 19, 2003, to ensure 

that the potential impacts of its rules on 

small entities are properly considered 

during the rulemaking process. 68 FR 

7990. DOE has made its procedures and 

policies available on the Office of the 

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39246 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations 

1Public Law 111–203, 124 Stat. 1376 (July 21, 

2010). 

2Section 312(c) of the Act designated the FDIC as 

the ‘‘appropriate Federal banking agency’’ for State 

savings associations. Under those statutes (and 

others using similar terminology) for which the 

‘‘appropriate Federal banking agency’’ is authorized 

to issue regulations, the FDIC will issue regulations 

for State savings associations. 

3Separately, the Act requires the Board to 

identify the OTS regulations continued under 

Section 316(b) that the Board will enforce after the 

transfer date and to publish a list in the Federal 

Register. 

4As set out in the tables below, certain provisions 

have been excluded because they relate to the 

supervision of SLHCs, which will be supervised by 

the Board, or are superseded by the Act. 

5Further, publication of this list should not be 

construed to restrict the OCC or the FDIC from 

enforcing violations of OTS regulations by Federal 

savings associations or State savings associations, 

respectively, that occurred prior to the transfer date. 

General Counsel’s Web site (http:// 

www.gc.doe.gov). 

DOE reviewed today’s direct final rule 

and corresponding NOPR pursuant to 

the Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. 68 FR 7990. Set forth 

below is DOE’s initial regulatory 

flexibility analysis for the standards 

proposed in the NOPR, published 

elsewhere in today’s Federal Register. 

DOE will consider any comments on the 

analysis or economic impacts of the rule 

in determining whether to proceed with 

the direct final rule. DOE will publish 

its final regulatory flexibility analysis 

(FRFA), including responses to any 

comments received, in a separate notice 

at the conclusion of the 110-day 

comment period. A description of the 

reasons why DOE is adopting the 

standards in this rule and the objectives 

of and legal basis for the rule are set 

forth elsewhere in the preamble and not 

repeated here. 

Issued in Washington, DC, on June 29, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–16884 Filed 7–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Chapter I 

[Docket ID OCC–2011–0017] 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Chapter III 

RIN 3064–ZA01 

List of Office of Thrift Supervision 

Regulations to be Enforced by the 

Office of the Comptroller of the 

Currency and the Federal Deposit 

Insurance Corporation Pursuant to the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act 

AGENCY: Office of the Comptroller of the 

Currency, Treasury (OCC); Federal 

Deposit Insurance Corporation (FDIC). 

ACTION: Joint notice. 

SUMMARY: The Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Act), transfers to the OCC the functions 

of the Office of Thrift Supervision (OTS) 

relating to Federal savings associations 

and also transfers to the OCC 

rulemaking authority of the OTS and the 

Director of the OTS, respectively, 

relating to all savings associations. 

Functions of the OTS relating to State 

savings associations are transferred to 

the FDIC. Section 316(c) of the Act 

requires the OCC and the FDIC, after 

consultation with one another, to 

identify those regulations of the OTS 

that are continued under Section 316(b) 

of the Act that the OCC, with respect to 

Federal savings associations, and the 

FDIC, with respect to State savings 

associations, will enforce, and to 

publish a list of those regulations in the 

Federal Register. This joint notice sets 

out the required lists of both the OCC 

and the FDIC. 

FOR FURTHER INFORMATION CONTACT: 

OCC: Andra Shuster, Senior Counsel, 

Heidi Thomas, Special Counsel, or Mary 

Gottlieb, Regulatory Specialist, 

Legislative and Regulatory Activities 

Division, (202) 874–5090, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

FDIC: Ann Johnson Taylor, Counsel, 

(202) 898–3573; Rodney D. Ray, 

Counsel, (202) 898–3556; or Martin P. 

Thompson, Senior Review Examiner, 

(202) 898–6767, Federal Deposit 

Insurance Corporation, 550 17 St. NW., 

Washington, DC 20429. 

SUPPLEMENTARY INFORMATION: The Act, 

signed into law on July 21, 2010,1

transfers all functions of the OTS and 

the Director as well as all of the powers, 

authorities, rights, and duties vested in 

the OTS and the Director of the OTS 

relating to the transferred functions to 

the OCC, FDIC and the Board of 

Governors of the Federal Reserve 

System (the Board). All functions, 

powers, authorities, rights, and duties 

relating to Federal savings associations 

are transferred to the OCC and the 

Comptroller of the Currency; all 

functions, powers, authorities, rights, 

and duties relating to State savings 

associations are transferred to the FDIC; 

and all functions, powers, authorities, 

rights, and duties relating to the 

supervision of savings and loan holding 

companies (SLHCs) and any 

subsidiaries of such SLHCs other than 

depository institutions are transferred to 

the Board. The Act transfers rulemaking 

authority of the OTS and the Director of 

the OTS relating to savings associations 

to the OCC and the Comptroller of the 

Currency, and transfers rulemaking 

authority of the OTS and the Director of 

the OTS relating to SLHCs to the 

Board.2 The transfer of OTS functions 

will take place on July 21, 2011. The Act 

abolishes the OTS 90 days after the 

transfer date. 

Section 316(b) of the Act provides for 

the continuation of OTS regulations and 

enforcement of such regulations that 

have been issued in performance of the 

functions transferred by Title III of the 

Act. Section 316(c) of the Act requires 

the OCC and FDIC, after consultation 

with each other, to identify those 

regulations of the OTS that are 

continued under Section 316(b) of the 

Act that will be enforced by each agency 

and publish a list of those regulations in 

the Federal Register.3 This list must be 

published no later than the transfer 

date. 

This joint notice sets out both the 

OCC’s and the FDIC’s lists of OTS 

regulations that each agency will 

enforce beginning on the transfer date: 

The OCC, with respect to Federal 

savings associations; and the FDIC, with 

respect to State savings associations.4

This joint notice is not intended to have 

any substantive effect on the regulations 

at issue; rather it provides a reference 

for Federal savings associations that will 

be regulated and supervised by the OCC 

beginning on the transfer date and for 

State savings associations that will be 

regulated and supervised by the FDIC 

beginning on the transfer date.5

Separately, the OCC also plans to issue 

an interim final rule with a request for 

comment, effective on the transfer date, 

that republishes those OTS regulations 

the OCC will enforce as of the transfer 

date. These regulations will be added to 

Chapter I of Title 12 of the Code of 

Federal Regulations and renumbered 

accordingly as OCC rules, with 

nomenclature and other technical 

amendments to reflect OCC supervision. 

The OCC will consider more 

comprehensive substantive amendments 

to former OTS regulations, as 

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