Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 26515 

1For purposes of Regulation CC, the term ‘‘bank’’ 

refers to any depository institution, including 

Continued 

Training (OPT) from 12 months to 29 

months for F–1 students who have 

completed a science, technology, 

engineering, or mathematics (STEM) 

degree with a degree code that is on the 

current STEM Designated Degree 

Program List, and who accept 

employment with employers enrolled in 

U.S. Citizenship and Immigration 

Services’ (USCIS’) E–Verify employment 

verification program. In that IFR, there 

was one typographical error and two 

inadvertent omissions. Through this 

amendment, DHS corrects those items. 

First, DHS is correcting an error in the 

regulatory text of the interim final rule. 

The regulatory text that added new 8 

CFR 274a.12(b)(6)(v) at 73 FR 18956 

contains a typographical error. The 

paragraph begins with an unnecessary 

‘‘Or’’. Through this amendment, DHS 

removes that extra word. 

Second, DHS is correcting two 

inadvertent omissions. In the 

amendatory language for amendment 2b 

at 73 FR 18954, DHS inadvertently 

omitted a reference to the revision to 8 

CFR 214.2(f)(10)(ii)(D). While that 

revision was in the regulatory text of the 

document submitted to the Federal 

Register, it was not in the amendatory 

language of the document submitted to 

the Federal Register, and so it would 

not be accurately codified in the Code 

of Federal Regulations. Also, 

amendment 5b at 73 FR 18956 revised 

8 CFR 274a.12(c)(3). It should have only 

revised 8 CFR 274a.12(c)(3)(i). As a 

result, 8 CFR 274a.12(c)(3)(ii) and 

274a.12(c)(3)(iii) were inadvertently 

omitted. 

List of Subjects 

8 CFR Part 214 

Administrative practice and 

procedure, Aliens, Employment, 

Foreign officials, Health professions, 

Reporting and recordkeeping 

requirements, Students. 

8 CFR Part 274a 

Administrative practice and 

procedure, Aliens, Employment, 

Penalties, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 8 CFR part 214 and 274a are 

amended as follows: 

PART 214—NONIMMIGRANT CLASSES 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 

1184, 1186a, 1187, 1221, 1281, 1282, 1301– 

1305 and 1372; section 643, Pub. L. 104–208, 

110 Stat. 3009–708; Pub. L. 106–386, 114 

Stat. 1477–1480; section 141 of the Compacts 

of Free Association with the Federated States 

of Micronesia and the Republic of the 

Marshall Islands, and with the Government 

of Palau, 48 U.S.C. 1901 note, and 1931 note, 

respectively; 8 CFR part 2. 

■ 2. Section 214.2 is amended by 

revising paragraph (f)(10)(ii)(D) to read 

as follows: 

§ 214.2 Special requirements for 

admission, extension and maintenance of 

status. 

* * * * * 

(f) * * * 

(10) * * * 

(ii) * * * 

(D) Duration of status while on postcompletion OPT. For a student with 

approved post-completion OPT, the 

duration of status is defined as the 

period beginning when the student’s 

application for OPT was properly filed 

and pending approval, including the 

authorized period of post-completion 

OPT, and ending 60 days after the OPT 

employment authorization expires 

(allowing the student to prepare for 

departure, change educational levels at 

the same school, or transfer in 

accordance with paragraph (f)(8) of this 

section). 

* * * * * 

PART 274a—CONTROL OF 

EMPLOYMENT OF ALIENS 

■ 3. The authority citation for part 274a 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1324a; 8 

CFR part 2; Pub. L. 101–410, 104 Stat. 890, 

as amended by Pub. L. 104–134, 110 Stat. 

1321. 

■ 4. Section 274a.12 is amended by: 

■ a. Removing the word ‘‘Or’’ from the 

beginning of paragraph (b)(6)(v); and 

■ b. Adding paragraphs (c)(3)(ii) and 

(iii). 

The additions read as follows: 

§ 274a.12 Classes of aliens authorized to 

accept employment. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) Has been offered employment 

under the sponsorship of an 

international organization within the 

meaning of the International 

Organization Immunities Act (59 Stat. 

669) and who presents a written 

certification from the international 

organization that the proposed 

employment is within the scope of the 

organization’s sponsorship. The F–1 

student must also present a Form I–20 

ID or SEVIS Form I–20 with 

employment page completed by DSO 

certifying eligibility for employment; or 

(iii) Is seeking employment because of 

severe economic hardship pursuant to 8 

CFR 214.2(f)(9)(ii)(C) and has filed the 

Form I–20 ID and Form I–538 (for nonSEVIS schools), or SEVIS Form I–20 

with employment page completed by 

the DSO certifying eligibility, and any 

other supporting materials such as 

affidavits which further detail the 

unforeseen economic circumstances that 

require the student to seek employment 

authorization. 

* * * * * 

Christina E. McDonald, 

Deputy Associate General Counsel for 

Regulatory Affairs. 

[FR Doc. E9–12861 Filed 6–2–09; 8:45 am] 

BILLING CODE 9111–28–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 229 

[Regulation CC; Docket No. R–1358] 

Availability of Funds and Collection of 

Checks 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Board of Governors 

(Board) is amending the routing number 

guide to next-day availability checks 

and local checks in Regulation CC to 

delete the reference to the head office of 

the Federal Reserve Bank of 

Minneapolis and to reassign the Federal 

Reserve routing symbols currently listed 

under that office to the head office of 

the Federal Reserve Bank of Cleveland. 

These amendments reflect the 

restructuring of check-processing 

operations within the Federal Reserve 

System. 

DATES: The final rule will become 

effective on July 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey S. H. Yeganeh, Financial Services 

Manager (202/728–5801), or Joseph P. 

Baressi, Financial Services Project 

Leader (202/452–3959), Division of 

Reserve Bank Operations and Payment 

Systems; or Dena L. Milligan, Attorney 

(202/452–3900), Legal Division. For 

users of Telecommunications Devices 

for the Deaf (TDD) only, contact 202/ 

263–4869. 

SUPPLEMENTARY INFORMATION: Regulation 

CC establishes the maximum period a 

depositary bank may wait between 

receiving a deposit and making the 

deposited funds available for 

withdrawal.1 A depositary bank 


dwashington3 on PROD1PC60 with RULES
26516 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 

commercial banks, savings institutions, and credit 

unions. 

2Section 229.18(e) of Regulation CC requires that 

banks notify account holders who are consumers 

within 30 days after implementing a change that 

improves the availability of funds. 

generally must provide faster 

availability for funds deposited by a 

‘‘local check’’ than by a ‘‘nonlocal 

check.’’ A check is considered local if it 

is payable by or at or through a bank 

located in the same Federal Reserve 

check-processing region as the 

depositary bank. 

Appendix A to Regulation CC 

contains a routing number guide that 

assists banks in identifying local and 

nonlocal banks and thereby determining 

the maximum permissible hold periods 

for most deposited checks. The 

appendix includes a list of each Federal 

Reserve check-processing office and the 

first four digits of the routing number, 

known as the Federal Reserve routing 

symbol, of each bank that is served by 

that office for check-processing 

purposes. Banks whose Federal Reserve 

routing symbols are grouped under the 

same office are in the same checkprocessing region and thus are local to 

one another. 

On July 25, 2009, the Reserve Banks 

will transfer the check-processing 

operations of the head office of the 

Federal Reserve Bank of Minneapolis to 

the head office of the Federal Reserve 

Bank of Cleveland. As a result of this 

change, some checks that are drawn on 

and deposited at banks located in the 

Minneapolis and Cleveland checkprocessing regions and that currently 

are nonlocal checks will become local 

checks subject to faster availability 

schedules. To assist banks in identifying 

local and nonlocal checks and making 

funds availability decisions, the Board 

is amending the lists of routing symbols 

in appendix A associated with the 

Federal Reserve Banks of Minneapolis 

and Cleveland to reflect the transfer of 

check-processing operations from the 

head office of the Federal Reserve Bank 

of Minneapolis to the head office of the 

Federal Reserve Bank of Cleveland. To 

coincide with the effective date of the 

underlying check-processing changes, 

the amendments to appendix A are 

effective July 25, 2009. The Board is 

providing notice of the amendments at 

this time to give affected banks ample 

time to make any needed processing 

changes. Early notice also will enable 

affected banks to amend their 

availability schedules and related 

disclosures if necessary and provide 

their customers with notice of these 

changes.2

Administrative Procedure Act 

The Board has not followed the 

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

notice and public participation in 

connection with the adoption of the 

final rule. The revisions to appendix A 

are technical in nature and are required 

by the statutory and regulatory 

definitions of ‘‘check-processing 

region.’’ Because there is no substantive 

change on which to seek public input, 

the Board has determined that the 

section 553(b) notice and comment 

procedures are unnecessary. In addition, 

the underlying consolidation of Federal 

Reserve Bank check-processing offices 

involves a matter relating to agency 

management, which is exempt from 

notice and comment procedures. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506; 

5 CFR part 1320 Appendix A.1), the 

Board has reviewed the final rule under 

authority delegated to the Board by the 

Office of Management and Budget. The 

technical amendments to appendix A of 

Regulation CC will delete the reference 

to the head office of the Federal Reserve 

Bank of Minneapolis and reassign the 

routing symbols listed under that office 

to the head office of the Federal Reserve 

Bank of Cleveland. The depository 

institutions that are located in the 

affected check-processing regions and 

that include the routing numbers in 

their disclosure statements would be 

required to notify customers of the 

resulting change in availability under 

§ 229.18(e). However, all paperwork 

collection procedures associated with 

Regulation CC already are in place, and 

the Board accordingly anticipates that 

no additional burden will be imposed as 

a result of this rulemaking. 

List of Subjects in 12 CFR Part 229 

Banks, Banking, Reporting and 

recordkeeping requirements. 

Authority and Issuance 

■ For the reasons set forth in the 

preamble, the Board is amending 12 

CFR part 229 to read as follows: 

PART 229—AVAILABILITY OF FUNDS 

AND COLLECTION OF CHECKS 

(REGULATION CC) 

■ 1. The authority citation for part 229 

continues to read as follows: 

Authority: 12 U.S.C. 4001–4010, 12 U.S.C. 

5001–5018. 

■ 2. The Fourth and Ninth District 

routing symbol lists in appendix A are 

amended by removing the headings and 

listings for the Ninth Federal Reserve 

District and revising the listings for the 

Fourth Federal Reserve Districts to read 

as follows: 

Appendix A to Part 229—Routing 

Number Guide to Next-Day Availability 

Checks and Local Checks 

* * * * * 

Fourth Federal Reserve District 

[Federal Reserve Bank of Cleveland] 

Head Office 

0220 2220 

0223 2223 

0410 2410 

0412 2412 

0420 2420 

0421 2421 

0422 2422 

0423 2423 

0430 2430 

0432 2432 

0433 2433 

0434 2434 

0440 2440 

0441 2441 

0442 2442 

0515 2515 

0519 2519 

0720 2720 

0724 2724 

0740 2740 

0749 2749 

0813 2813 

0830 2830 

0839 2839 

0863 2863 

0910 2910 

0911 2911 

0912 2912 

0913 2913 

0914 2914 

0915 2915 

0918 2918 

0919 2919 

0960 2960 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, May 27, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–12925 Filed 6–2–09; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 337 

Interest Rate Restrictions on Insured 

Depository Institutions That Are Not 

Well Capitalized 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Final rule. 

SUMMARY: The FDIC is amending its 

regulations relating to the interest rate 

restrictions that apply to insured 

depository institutions that are not well 


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