7928 Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Rules and Regulations 

the types of money transfer instruments 

permissible under § 701.30 are not 

limited to electronic funds transfers. 

The rule permits an FCU to cash or sell 

checks, money orders, and other similar 

money transfer instruments. While the 

rule does not contain an exhaustive list 

of permissible money transfer 

instruments, it specifically includes 

electronic funds transfers. To the extent 

FCUs provide money transfer 

instruments that fall within the 

definition of electronic funds transfer 

under Regulation E, they must, of 

course, comply with Regulation E 

requirements. 

The Board notes that electronic funds 

transfers under Regulation E are 

excluded from the definition of 

‘‘transmittal of funds’’ in the 

Department of Treasury’s anti-money 

laundering regulations. 31 CFR part 103. 

This definition, however, does not affect 

FCU authority to provide wire transfers 

under § 701.30. FCUs providing wire 

transfer services and electronic funds 

transfers under § 701.30 must comply 

with the applicable requirements of 31 

CFR part 103. 

Two commenters requested NCUA 

provide guidance regarding FCU 

compliance with other statutes and 

regulations, e.g. the Bank Secrecy Act 

(Pub. L. 91–508), the Customer 

Identification Program regulation (31 

CFR 103.121), NCUA security rules (12 

CFR part 748), financial privacy rules 

(12 CFR part 716), and so forth. One of 

these commenters recommended NCUA 

establish a working group to discuss 

compliance requirements associated 

with FCUs providing financial services 

to nonmembers within their fields of 

membership. The Board believes 

additional guidance or a working group 

is unnecessary because this rule does 

not create any additional requirements 

for FCUs than there are for other 

financial institutions. The Board only 

cautions FCUs to ensure they comply 

with all applicable statutory or 

regulatory requirements if they elect to 

provide financial services to persons 

with whom the FCUs may have 

infrequent or irregular contact. 

Finally, one commenter correctly 

noted the interim final rule failed to 

make a conforming change to the 12- 

year maturity limit in the current rule 

regarding due-on-sale clauses. 12 CFR 

701.21(g)(6)(ii). Accordingly, the final 

rule revises this reference to reflect the 

change in the general lending maturity 

limit to 15 years. 

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a rule may have on a substantial 

number of small credit unions, defined 

as those under ten million dollars in 

assets. This rule clarifies and improves 

the available services FCUs may provide 

to their members and persons within 

their fields of membership, without 

imposing any regulatory burden. The 

final amendments do not have a 

significant economic impact on a 

substantial number of small credit 

unions, and, therefore, a regulatory 

flexibility analysis is not required. 

Paperwork Reduction Act 

NCUA has determined that the final 

rule would not increase paperwork 

requirements under the Paperwork 

Reduction Act of 1995 and regulations 

of the Office of Management and 

Budget. 44 U.S.C. 3501 et seq.; 5 CFR 

part 1320. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. The final rule would not have 

substantial direct effects on the states, 

on the connection between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

The NCUA has determined that this 

final rule would not affect family wellbeing within the meaning of § 654 of the 

Treasury and General Government 

Appropriations Act, 1999, Pub. L. 105–

277, 112 Stat. 2681 (1998). 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996, Pub. 

L. 104–121 (SBREFA), provides 

generally for congressional review of 

agency rules. A reporting requirement is 

triggered in instances where NCUA 

issues a final rule as defined by Section 

551 of the Administrative Procedure 

Act. 5 U.S.C. 551. The Office of 

Management and Budget has 

determined that this final rule is not a 

major rule for purposes of SBREFA. 

List of Subjects in 12 CFR Part 701 

Check, Check cashing, Credit, Credit 

unions, Electronic funds transfer, 

Money order, Money transfer. 

■ For the reasons set forth in the 

preamble, the Board amends 12 CFR 

part 701 as set forth below. 

By the National Credit Union 

Administration Board on February 15, 2007. 

Mary F. Rupp, 

Secretary of the Board. 

■ Accordingly, the interim rule 

amending 12 CFR part 701, which was 

published at 71 FR 62875 on October 

27, 2006, is adopted as a final rule with 

the following change: 

PART 701—ORGANIZATION AND 

OPERATION OF FEDERAL CREDIT 

UNIONS 

■ 1. The authority citation for part 701 

continues to read as follows: 

Authority: 12 U.S.C. 1752(5), 1757, 1765, 

1766, 1781, 1782, 1787, 1789; Title V, Pub. 

L. 109–351; 120 Stat. 1966. 

■ 2. Amend Section 701.21 by removing 

‘‘greater than twelve years’’ in the first 

sentence and adding in its place 

‘‘greater than fifteen years’’ in paragraph 

(g)(6)(ii). 

[FR Doc. E7–2902 Filed 2–21–07; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25941; Airspace 

Docket No. 06–ACE–11] 

Modification of Class E Airspace; 

Creston, IA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Creston, IA. 

EFFECTIVE DATE: 0901 UTC, March 15, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, System Support, DOT 


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Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Rules and Regulations 7929 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on December 28, 2006 (71 FR 

78054). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

March 15, 2007. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date. 

Issued in Fort Worth, Texas, on February 

6, 2007. 

Ronnie Uhlenhaker, 

Manager, System Support Group, ATO 

Central Service Area. 

[FR Doc. 07–777 Filed 2–21–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

[TD 9298] 

RIN 1545–AY32 

Nondiscrimination and Wellness 

Programs in Health Coverage in the 

Group Market; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

correction to final regulations (TD 9298) 

that were published in the Federal 

Register on Wednesday, December 13, 

2006 (71 FR 75014) governing the 

provisions prohibiting discrimination 

based on a health factor for group health 

plans and issuers of health insurance 

coverage offered in connection with a 

group health plan. 

DATES: The correction is effective 

February 12, 2007. 

FOR FURTHER INFORMATION CONTACT: Russ 

Weinheimer, (202) 622–6080 (not a tollfree number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

section 9802 of the Internal Revenue 

Code. 

Need for Correction 

As published, final regulations (TD 

9298) contain errors that may prove to 

be misleading and are in need of 

clarification. 

List of Subjects in 26 CFR Part 54 

Excise taxes, Health care, Health 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 54 is 

corrected by making the following 

correcting amendments: 

PART 54—PENSION EXCISE TAXES 

■ Paragraph 1. The authority citation 

for part 54 continues to read, in part, as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 54.9802–1(b)(2)(i)(D) is 

amended by revising paragraph (ii) of 

Example 4. 

■ Par. 3. Section 54.9802–1(f)(1) is 

amended by revising the first sentence 

of the paragraph. 

The revisions read as follows: 

§ 54.9802–1 Prohibiting discrimination 

against participants and beneficiaries 

based on a health factor. 

* * * * * 

(b) * * * 

(2) * * * 

(i) * * * 

(D) * * * 

Example 4. * * * 

(i) * * * 

(ii) Conclusion. In this Example 4, the 

limit does not violate this paragraph 

(b)(2)(i) because $2,000 of benefits for 

the treatment of TMJ are available 

uniformly to all similarly situated 

individuals and a plan may limit 

benefits covered in relation to a specific 

disease or condition if the limit applies 

uniformly to all similarly situated 

individuals and is not directed at 

individual participants or beneficiaries. 

(This example does not address whether 

the plan provision is permissible under 

the Americans with Disabilities Act or 

any other applicable law.) 

* * * * * 

(f) * * * 

(1) If none of the conditions for 

obtaining a reward under a wellness 

program are based on an individual 

satisfying a standard that is related to a 

health factor (or if a wellness program 

does not provide a reward), the wellness 

program does not violate this section, if 

participation in the program is made 

available to all similarly situated 

individuals. * * * 

* * * * * 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E7–2958 Filed 2–21–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 1; 46 CFR Parts 1 and 10 

[USCG–2006–25535] 

RIN 1625–ZA09 

Mariner Licensing and Documentation 

Program Restructuring and 

Centralization; Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Correcting Amendment. 

SUMMARY: The Coast Guard is correcting 

a technical amendment that appeared in 

the Federal Register on August 21, 

2006. That technical amendment 

authorized the Commanding Officer of 

the National Maritime Center (NMC) to 

perform certain mariner credentialing 

functions in addition to Officers in 

Charge, Marine Inspection, who 

currently perform those functions. At 

the end of a transitional period, most 

credentialing functions will be 

consolidated at a centralized location. 

The technical amendment also made 

technical changes to the mariner 

credentialing appellate process. 

DATES: These changes are effective 

March 26, 2007. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this amendment, 

call Mr. Gerald Miante, Project Manager, 

Maritime Personnel Qualifications 

Division (CG–3PSO–1), U.S. Coast 

Guard, telephone 202–372–1407. If you 

have questions on viewing the docket, 

call Ms. Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–493–0402. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The Coast Guard is correcting a 

technical amendment that appeared in 

the Federal Register on August 21, 2006 

(71 FR 48480). That technical 

amendment authorized the 

Commanding Officer of the NMC to 


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