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Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Rules and Regulations
(f), and (g) and add new paragraph (c)
to read as follows:
§ 380.15 Siting and maintenance
requirements.

*

*
*
*
*
(c) Landowner notification. (1) No
maintenance activity that involves
ground disturbance is authorized unless
a company makes a good faith effort to
notify in writing each affected
landowner, as noted in the most recent
county/city tax records as receiving the
tax notice, whose property will be
crossed or used as a result of the
proposed activity, at least five days
prior to commencing any activity under
this section. For an activity required to
respond to an emergency, the five-day
prior notice period does not apply. The
notification shall include at least:
(i) A brief description of the activity
and the effect the activity may have on
the landowner’s property;
(ii) The name and phone number of a
company representative who is
knowledgeable about the project; and
(iii) A description of the
Commission’s Dispute Resolution
Division Helpline, which an affected
person may contact to seek an informal
resolution of a dispute as explained in
section 1b.21(g) of the Commission’s
regulations (18 CFR 1b.21(g)) and the
Dispute Resolution Division Helpline
number.
(2) ‘‘Affected landowners’’ include
owners of property interests, as noted in
the most recent county/city tax records
as receiving tax notice, whose property
is directly affected (i.e. crossed or used)
by the proposed activity, including all
rights-of-way, facility sites (including
compressor stations, well sites, and all
above-ground facilities), access roads,
pipe and contractor yards, and
temporary work space.
*
*
*
*
*
[FR Doc. 2013–28548 Filed 12–3–13; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
31 CFR Part 1010

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RIN 1506–AB20

Definitions of Transmittal of Funds and
Funds Transfer
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Department of the
Treasury; Board of Governors of the
Federal Reserve System (‘‘Board’’).
ACTION: Final rule.
AGENCY:

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The Financial Crimes
Enforcement Network, a bureau of the
Department of the Treasury, and the
Board of Governors of the Federal
Reserve System are issuing this Final
Rule amending the regulatory
definitions of ‘‘funds transfer’’ and
‘‘transmittal of funds’’ under the
regulations implementing the Bank
Secrecy Act (‘‘BSA’’). We are amending
the definitions to maintain their current
scope in light of changes to the
Electronic Fund Transfer Act, which
will avoid certain currently covered
transactions being excluded from BSA
requirements.
DATES: Effective Date: This rule is
effective January 3, 2014.
FOR FURTHER INFORMATION CONTACT:
FinCEN: The FinCEN Resource Center
at (800) 949–2732.
Board: Koko Ives, Manager, BSA/AML
Compliance Section, (202) 973–6163,
Division of Banking Supervision and
Regulation, or Clinton Chen, Attorney,
(202) 452–3952, Legal Division. For the
hearing impaired only,
Telecommunication Device for the Deaf
(TDD), (202) 263–4869.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Statutory Provisions
The Currency and Foreign
Transactions Reporting Act of 1970, as
amended by the USA PATRIOT Act of
2001 and other legislation, which
legislative framework is commonly
referred to as the ‘‘BSA,’’ 1 authorizes
the Secretary of the Treasury
(‘‘Secretary’’) to require financial
institutions to keep records and file
reports that ‘‘have a high degree of
usefulness in criminal, tax, or regulatory
proceedings, or in the conduct of
intelligence or counterintelligence
activities, including analysis, to protect
against international terrorism.’’ 2 The
Secretary has delegated to the Director
of FinCEN the authority to implement,
administer, and enforce compliance
with the BSA and associated
regulations.3
The BSA was amended by the
Annunzio-Wylie Anti-Money
Laundering Act of 1992 (Pub. L. 102–
550) (‘‘Annunzio-Wylie’’). AnnunzioWylie authorizes the Secretary and the
Board to issue joint regulations
requiring insured banks to maintain
records of domestic funds transfers.4 In
1 The BSA is codified at 12 U.S.C. 1829b and
1951–1959, 18 U.S.C. 1956, 1957, and 1960, and 31
U.S.C. 5311–5314 and 5316–5332 and notes thereto,
with implementing regulations at 31 CFR Chapter
X. See 31 CFR 1010.100(e).
2 31 U.S.C. 5311.
3 Treasury Order 180–01 (Sept. 26, 2002).
4 12 U.S.C. 1829b(b)(2) (2006). Treasury has
independent authority to issue regulations requiring

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addition, Annunzio-Wylie authorizes
the Secretary and the Board to issue
joint regulations requiring insured
banks and certain nonbank financial
institutions to maintain records of
international funds transfers and
transmittals of funds.5 Annunzio-Wylie
requires the Secretary and the Board, in
issuing regulations for international
funds transfers and transmittals of
funds, to consider the usefulness of the
records in criminal, tax, or regulatory
investigations or proceedings, and the
effect of the regulations on the cost and
efficiency of the payments system.6
The Electronic Fund Transfer Act
(‘‘EFTA’’) 7 was enacted in 1978 to
establish the rights and liabilities of
consumers as well as the
responsibilities of all participants in
electronic fund transfer activities. The
EFTA is implemented by Regulation E,
which sets up the framework that
establishes the rights, liabilities, and
responsibilities of participants in
electronic fund transfer systems.8
Section 1073 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’),9 added a new
section 919 to the EFTA, creating a
comprehensive new system of consumer
protections for remittance transfers sent
by consumers in the United States to
individuals and businesses in foreign
countries. Because the new section 919
of the EFTA defines ‘‘remittance
transfers’’ broadly, most electronic
transfers of funds sent by consumers in
the United States to recipients in other
countries will be subject to the new
protections.
II. Background Information
A. Current Regulations Regarding Funds
Transfers and Transmittals of Funds
On January 3, 1995, FinCEN and the
Board jointly issued a rule that requires
banks and nonbank financial
institutions to collect and retain
information on certain funds transfers
and transmittals of funds
(‘‘recordkeeping rule’’).10 At the same
nonbank financial institutions to maintain records
of domestic transmittals of funds.
5 12 U.S.C.1829b(b)(3) (2006).
6 Id. As discussed later in this Federal Register
notice, the final rule would have no effect on the
current scope of or substantive requirements in BSA
regulations and thus no effect on the cost or
efficiency of the payment systems.
7 15 U.S.C. 1693 et seq.
8 12 CFR part 1005.
9 Public Law 111–203, 124 Stat. 1376, section
1073 (2010).
10 31 CFR 1020.410(a) (recordkeeping
requirements for banks); 31 CFR 1010.410(e)
(recordkeeping requirements for nonbank financial
institutions). The Board revised its Regulation S (12
CFR part 219) to incorporate by reference the

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time, FinCEN issued the ‘‘travel rule,’’
which requires banks and nonbank
financial institutions to include certain
information on funds transfers and
transmittals of funds sent to other banks
or nonbank financial institutions.11
The recordkeeping and travel rules
provide uniform recordkeeping and
transmittal requirements for financial
institutions and are intended to help
law enforcement and regulatory
authorities detect, investigate, and
prosecute money laundering and other
financial crimes by preserving an
information trail about persons sending
and receiving funds through the funds
transfer system.
In general, the recordkeeping rule
requires financial institutions to retain
information on transmittals of funds of
$3,000 or more and requires banks to
retain information on funds transfers of
$3,000 or more. Under the
recordkeeping rule, a financial
institution must retain the following
information for transmittals of funds of
$3,000 or more:
• If acting as a transmittor’s financial
institution, either the original,
microfilmed, copied, or electronic
record of the following information: (a)
The name and address of the
transmittor; (b) the amount of the
transmittal order; (c) the execution date
of the transmittal order; (d) any payment
instructions received from the
transmittor with the transmittal order;
(e) the identity of the recipient’s
financial institution; (f) as many of the
following items as are received with the
transmittal order: the name and address
of the recipient, the account number of
the recipient, and any other specific
identifier of the recipient; and (g) if the
transmittor’s financial institution is a
nonbank financial institution, any form
relating to the transmittal of funds that
is completed or signed by the person
placing the transmittal order.12
• If acting as an intermediary
financial institution, or a recipient
financial institution, either the original,
microfilmed, copied, or electronic
record of the received transmittal
order.13
Banks are required to maintain
analogous information for funds
transfers of $3,000 or more, but the rule
uses different terminology to describe
the parties.14 The recordkeeping rule
recordkeeping rule codified in Title 31 of the CFR,
as well as to impose a five-year record-retention
requirement with respect to the recordkeeping and
reporting requirements.
11 31 CFR 1010.410(f).
12 31 CFR 1010.410(e)(1)(i).
13 31 CFR 1010.410(e)(1)(ii) and (iii).
14 31 CFR 1020.410(a).

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requires that the data be retrievable.15
Records required to be retained by the
recordkeeping rule must be made
available to Treasury or the Board upon
request.16
Under the travel rule, a financial
institution acting as the transmittor’s
financial institution must obtain and
include in the transmittal order the
following information on transmittals of
funds of $3,000 or more: (a) Name and,
if the payment is ordered from an
account, the account number of the
transmittor; (b) the address of the
transmittor; (c) the amount of the
transmittal order; (d) the execution date
of the transmittal order; (e) the identity
of the recipient’s financial institution;
(f) as many of the following items as are
received with the transmittal order: The
name and address of the recipient, the
account number of the recipient, and
any other specific identifier of the
recipient; and (g) either the name and
address or the numerical identifier of
the transmittor’s financial institution. A
financial institution acting as an
intermediary financial institution must
include in its respective transmittal
order the same data points listed above,
if received from the sender.17
The recordkeeping rule and the travel
rule apply to transmittals of funds and
funds transfers. A ‘‘transmittal of funds’’
is defined as a series of transactions
beginning with the transmittor’s
transmittal order, made for the purpose
of making payment to the recipient of
the order (31 CFR 1010.100(ddd)). The
term includes any transmittal order
issued by the transmittor’s financial
institution or an intermediary financial
institution intended to carry out the
transmittor’s transmittal order. The term
transmittal of funds includes a funds
transfer. A ‘‘funds transfer’’ is a series of
transactions beginning with the
originator’s payment order, made for the
purpose of making payment to the
beneficiary of the order (31 CFR
1010.100(w)). The term includes any
payment order issued by the originator’s
bank or an intermediary bank intended
to carry out the originator’s payment
order. Under the current definitions,
transmittals of funds and funds transfers
governed by the EFTA, as well as any
other funds transfers that are effected
through an automated clearinghouse, an
automated teller machine (‘‘ATM’’), or a
point-of-sale system, are excluded from
the definitions of ‘‘transmittal of funds’’
and ‘‘funds transfer’’ under the BSA.
When the recordkeeping and travel
rules were adopted, the EFTA governed
15 31

CFR 1010.410(e)(4)
U.S.C. 1829b(b)(3)(C); 12 CFR 219.24.
17 31 CFR 1010.410(f)(1)–(2).
16 12

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only electronic funds transfers as
defined in section 903(a)(7) of that Act.
The term ‘‘electronic fund transfer’’
includes any transfer of funds that is
initiated through an electronic terminal,
telephone, computer, or magnetic tape,
for the purpose of ordering, instructing,
or authorizing a financial institution to
debit or credit a consumer’s account
(including a payroll card account). The
term includes, but is not limited to, (a)
point-of-sale transfers; (b) ATM
transactions; (c) direct deposits or
withdrawals of funds; (d) transfers
initiated by phone as part of a billpayment plan; and (e) transfers resulting
from debit card transactions, whether or
not initiated through an electronic
terminal. The term does not include
certain transfers of funds, such as those
originated by check, draft, or similar
paper instrument; those issued as a
means of guaranteeing the payment or
authorizing the acceptance of a check,
draft, or similar paper instrument; or
those made in the context of a purchase
or sale of certain securities or
commodities.18 Wire or other similar
transfers conducted through Fedwire®
or similar wire transfer systems
primarily used for transfers between
financial institutions or between
businesses are also specifically
excluded from the definition of
‘‘electronic fund transfer.’’
B. Section 1073 of the Dodd-Frank Act
and the EFTA
Section 1073 of the Dodd-Frank Act,
signed into law on July 21, 2010, added
a new Section 919 to the EFTA, creating
new protections for consumers who
send remittance transfers. Authority to
implement the EFTA (except for the
interchange fee provisions in EFTA
section 920) transferred from the Board
to the Consumer Financial Protection
Bureau (‘‘CFPB’’) effective July 21, 2011.
On February 7, 2012, CFPB adopted a
final rule to implement Section 919,
with an original effective date of
February 7, 2013, which was later
postponed to October 28, 2013.19 The
provisions of the final rule will apply to
any ‘‘remittance transfer,’’ which is
defined as the electronic transfer of
funds requested by a sender to a
designated recipient that is sent by a
remittance transfer provider. The term
18 15

U.S.C. 1693a(7); 12 CFR 1005.3(b).
FR 6193 (Feb. 7, 2012). On December 31,
2012, the CFPB requested comment on proposed
revisions to its remittance amendments to
Regulation E. 77 FR 77188 (Dec. 31, 2012). On
January 22, 2013, the CFPB issued a final rule that
temporarily delays the effective date of their
revisions to Regulation E, 78 FR 6025 (Jan. 29,
2013). The CFPB finalized its December 31, 2012
proposal on April 30, 2013, with an effective date
of October 28, 2013 (78 FR 30662, May 22, 2013).
19 77

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applies regardless of whether the sender
holds an account with the remittance
transfer provider, and regardless of
whether the transaction is also an
electronic fund transfer. However,
certain small dollar and securities- or
commodities-related transfers are
excluded from the definition of
remittance transfer.20 A ‘‘sender’’ is a
consumer in a State who, primarily for
personal, family, or household
purposes, requests a remittance transfer
provider to send a remittance transfer to
a designated recipient.21 A ‘‘designated
recipient’’ is any person specified by the
sender as the authorized recipient of a
remittance transfer to be received at a
location in a foreign country.22 A
‘‘remittance transfer provider’’ or
‘‘provider’’ is any person that provides
remittance transfers for a consumer in
the normal course of its business,
regardless of whether the consumer
holds an account with such person.23
Once effective, the provisions will
extend the coverage of section 919 of the
EFTA, as implemented by Regulation E,
to transactions that were excluded from
other portions of the EFTA and
Regulation E, such as international wire
transfers sent by consumers through
banks, and cash-based transmittals of
funds sent by a consumer through
money transmitters.
C. Effect of Changes to the EFTA and
Regulation E on the Scope of the
Definitions of ‘‘Transmittal of Funds’’
and ‘‘Funds Transfer’’ Under the
Regulations Implementing the BSA
Existing BSA regulations exclude
certain types of transactions and
payment systems that are used mostly
for domestic retail transactions and
payments from the definitions of funds
transfer and transmittal of funds. This
exclusion was implemented, not by
listing the individual transaction types,
but by referencing the law that protected
the consumers engaged in such
transactions, namely the EFTA, and the
specific payment systems through
which such transactions are conducted,
namely ATM, point-of-sale, and
automated clearinghouse transactions.
This method of identifying excluded
transactions created a link between the
two statutes (and their implementing
regulations) with very different goals.
The BSA requires financial institutions
to keep records and file reports on
transmittals of funds and funds transfers
(which could be either domestic or
international, consumer- or business20 12

CFR 1005.30(e).
CFR 1005.30(g).
22 12 CFR 1005.30(c).
23 12 CFR 1005.30(f).

related, retail or wholesale, cash-based
or account-based) that the Secretary and
the Board determine have a high degree
of usefulness in criminal, tax, or
regulatory investigations or proceedings,
or in intelligence or counterintelligence
matters to protect against domestic and
international terrorism.24 The EFTA, as
originally adopted, protects individual
consumers engaging in certain
movements of funds initiated through
electronic means (e.g., electronic
terminal, telephone, computer, online
banking, magnetic tape, etc.) for the
purpose of ordering, instructing, or
authorizing a financial institution to
debit or credit a consumer’s account. In
spite of the different statutory purposes,
for many years this approach to
identifying excluded transactions was
satisfactory, as the types of transactions
covered by the EFTA conformed to the
profile of the types of transactions that
were appropriate to exclude from the
recordkeeping and travel requirements
under the BSA.
However, the recent amendments to
the EFTA and the recently finalized
revisions to Regulation E, which will
become effective October 28, 2013,
would result in an expanded scope of
the transactions subject to the EFTA’s
remittance provisions. Some of these
transactions have, to date, been covered
by the regulations implementing the
BSA. When the changes to Regulation E
become effective, these transactions,
which include international funds
transfers sent by consumers through
banks and cash- or account-based
transmittals of funds sent by consumers
through money transmitters, would fall
outside the BSA rules’ definitions of
‘‘funds transfer’’ and ‘‘transmittal of
funds’’ (31 CFR 1010.100(w) and
1010.100(ddd)).
III. Notice of Proposed Rulemaking,
Analysis of Comments, and Final Rule
To avoid the aforementioned
reduction in the scope of transactions
subject to the BSA, on December 6,
2012, the Board and FinCEN issued a
Notice of Proposed Rulemaking
(‘‘NPRM’’) to solicit comments on
revising the regulations implementing
the BSA by narrowing the exclusion
from the definitions of ‘‘funds transfer’’
and ‘‘transmittal of funds.’’ 25 The
proposed revision would replace the
general reference to the EFTA contained
in the exception to the definitions of
‘‘transmittal of funds’’ and ‘‘funds
transfer,’’ by a more specific reference to
section 903(7) of the EFTA, the section
of the EFTA containing the definition of

21 12

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24 31
25 77

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FR 72783 (Dec. 6, 2012).

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‘‘electronic fund transfers,’’ which are
the transactions that are currently
excluded from the recordkeeping and
travel rules. Any remittance transfers
that are covered by section 919 of the
EFTA, but do not meet the definition of
electronic fund transfer under section
903(7) of that statute, would continue to
be covered by the travel and
recordkeeping rules.
The comment period ended on
January 25, 2013. The Board and
FinCEN received eight comment letters
from individuals and representatives of
various groups whose members had an
interest in the amendment to the
definitions. One letter contained
observations regarding the
implementation of CFPB’s remittance
transfer rule and was therefore out of
the scope of the comments requested by
the NPRM. The remaining comments
were uniformly supportive of the
purpose of the amendment and
generally supportive of the proposed
approach to implementing it.
Five commenters requested that the
Board and FinCEN clearly state in the
Final Rule that the proposed
amendment does not change the current
scope of the obligations of financial
institutions under the recordkeeping
and travel rules. As noted in the
preamble to the proposal, the purpose of
the Final Rule is to maintain the
recordkeeping and reporting status quo
existing before the EFTA amendments.
Nothing in this Final Rule modifies the
current scope of the obligation of any
financial institution under the
recordkeeping and travel rules.
One commenter encouraged the Board
and FinCEN to delay finalizing the
proposed amendment until CFPB’s
remittance transfer rule itself is
finalized and effective, to ensure any
further change to its provisions does not
inadvertently cause additional changes
to the current scope of transactions
subject to the BSA. On April 30, 2013,
CFPB finalized its remittance transfer
rule with an effective date of October
28, 2013. The Board and FinCEN have
concluded that the changes to the
remittance transfer provisions in
Regulation E under the CFPB’s final
remittance rule will not have any
impact on section 903(7) of the EFTA,
and therefore there is no need to revise
the proposed amendments to the
recordkeeping and travel rule.
Finally, another commenter suggested
that the Board and FinCEN consider
incorporating the statutory language of
section 903(7) of the EFTA into the
regulatory definitions, without crossreferencing the EFTA statute, to prevent
the need for further amendments should
Congress make changes to the EFTA

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statute in the future. The statutory
definition of ‘‘electronic fund transfer’’
includes terms that are defined
elsewhere in the EFTA, which also
would have to be incorporated into the
recordkeeping and travel rules.
Moreover, future changes to the
statutory definition of ‘‘electronic fund
transfer’’ could be changes the Board
and FinCEN would want to incorporate
into the recordkeeping and travel rules.
Accordingly, the Board and FinCEN are
adopting the amendments to the
definitions of ‘‘funds transfer’’ and
‘‘transmittal of funds’’ as proposed.
IV. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. It has been
determined that this final rule is neither
an economically significant regulatory
action nor a significant regulatory action
for purposes of Executive Orders 12866
and13563.
V. Unfunded Mandates Act of 1995
Statement

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Section 202 of the Unfunded
Mandates Reform Act of 1995
(‘‘Unfunded Mandates Act’’), Public
Law 104–4 (March 22, 1995), requires
that an agency prepare a budgetary
impact statement before promulgating a
rule that may result in expenditure by
the State, local, and tribal governments,
in the aggregate, or by the private sector,
of $100 million or more in any one year.
If a budgetary impact statement is
required, section 202 of the Unfunded
Mandates Act also requires an agency to
identify and consider a reasonable
number of regulatory alternatives before
promulgating a rule. Since there is no
change to the requirements imposed
under existing regulations, FinCEN has
determined that it is not required to
prepare a written statement under
section 202.
VI. Regulatory Flexibility Act
FinCEN
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires that a
regulation that has a significant
economic impact on a substantial
number of small entities, small

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businesses, or small organizations must
include an initial regulatory flexibility
analysis describing the regulation’s
impact on small entities. Such an
analysis need not be undertaken if the
agency has certified that the regulation
will not have a significant economic
impact on a substantial number of small
entities (5 U.S.C. 605(b)). These changes
are not intended to alter any
institution’s existing obligations. The
sole purpose of these amendments is to
maintain the current scope of
transactions subject to the BSA funds
transfer recordkeeping and travel rules,
in light of changes to the EFTA.
Accordingly, FinCEN hereby certifies
that the amended regulation is not likely
to have a significant economic impact
on a substantial number of small
business entities for purposes of the
Regulatory Flexibility Act.
Board
An initial regulatory flexibility
analysis (‘‘IRFA’’) was included in the
proposal in accordance with Section
3(a) of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq. (‘‘RFA’’). In the IRFA,
the Board requested comment on all
aspects of the IRFA, and, in particular,
whether any alternative approaches
would reduce the burden on all entities,
including small entities.
The RFA requires an agency either to
provide a final regulatory flexibility
analysis or certify that the final rule will
not have a significant impact on a
substantial number of small entities.
The final rule covers insured banks and
certain nonbank financial institutions
that are engaged in funds transfers and
transmittals of funds. The Board
believes it is unlikely that the final rule
will have a significant economic impact
on a substantial number of small
entities. Nonetheless, the Board has
prepared a final regulatory flexibility
analysis pursuant to the RFA.
1. Statement of the need for and
objectives of the final rule. The DoddFrank Act’s amendments to the EFTA
expanded the types of transactions that
are covered by the EFTA, thereby
excluding them from the definition of
funds transfer and transmittal of funds
in 31 CFR 1010.100(w) and 31 CFR
1010.100(ddd), respectively. This final
rule is necessary to retain the current
scope of transactions subject to the
recordkeeping rule.
2. Summary of significant issues
raised by public comment on the
Board’s initial analysis of issues, and a
statement of any changes made as a
result. The Board did not receive any
comments on the proposed rule
addressing matters relating to the

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Board’s initial regulatory flexibility
analysis.
3. Small entities affected by the final
rule. The requirements of this final rule,
like the existing requirements, apply to
all financial institutions subject to the
Bank Secrecy Act, regardless of size.
Based on Call Report data as of
December 31, 2012, approximately
3,660 insured depository institutions
had total domestic assets of $175
million or less.26’’ In addition, the
requirements of this final rule will affect
financial institutions that are not
‘‘insured depository institutions’’ under
the Federal Depository Insurance Act.
For example, as of December 31, 2012,
approximately 5,970 credit unions had
total domestic assets of $175 million or
less.
4. Compliance requirements. The final
rule, like the current regulation, requires
insured depository institutions and
nonbank financial institutions to collect
and retain information on funds
transfers and transmittals of funds. The
final rule does not change the scope of
the information currently required to be
collected or retained and does not
change the funds transfers and
transmittals of funds for which the
information currently must be collected
and maintained.
5. Other Federal rules. The Board has
not identified any Federal rules that
duplicate, overlap, or conflict with the
final rule.
6. Significant alternatives to the
proposed regulation. The Board did not
receive any comments on any
significant alternatives that would
minimize the impact of the proposal on
small entities.
VII. Paperwork Reduction Act
The collection of information
requirements have been reviewed and
approved by the Office of Management
and Budget (‘‘OMB’’) under section
3507 of the Paperwork Reduction Act of
1995 (‘‘PRA’’) (44 U.S.C. 3507(d). (OMB
Control No. 1506–0058 (recordkeeping
requirements for financial institutions
under § 1010.410(e) and (f)) and 1506–
0059 (recordkeeping requirements for
banks under § 1020.410(a)). Under the
PRA, an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. These amendments
maintain the same scope of transactions
subject to the requirements of the
recordkeeping and travel rules as
26 U.S. Small Business Administration. Table of
Small Business Size Standards Matched to North
American Industry Classification System Codes,
available at http://www.sba.gov/idc/groups/public/
documents/sba_homepage/serv_sstd_tablepdf.pdf.

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Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Rules and Regulations
existed prior to this rulemaking. With
no change to the types or scope of
transactions covered under the
regulations, there is no impact on the
burden estimates already approved
under the requirements of the PRA.

DEPARTMENT OF HOMELAND
SECURITY

List of Subjects in 31 CFR Part 1010

[Docket No. USCG–2013–0922]

Authority delegations (Government
agencies), Banks and banking, Currency,
Investigations, Law enforcement,
Reporting and recordkeeping
requirements.

Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, Near Moss
Lake, LA

Coast Guard
33 CFR Part 117

Authority and Issuance
For the reasons set forth in the
preamble, 31 CFR part 1010 is amended
as follows:
PART 1010—GENERAL PROVISIONS
1. The authority citation for part 1010
continues to read as follows:

■

Authority: 12 U.S.C. 1829b and 1951–
1959; 31 U.S.C. 5311–5314, 5316–5332; title
III, secs. 311, 312, 313, 314, 319, 326, 352,
Pub. L. 107–56, 115 Stat. 307.

2. Section 1010.100 is amended by:
a. Revising the last sentence of
paragraph (w), and
■ b. Revising the last sentence of
paragraph (ddd) to read as follows:
■
■

§ 1010.100

General definitions.

*
*
*
*
(w) Funds transfer. * * * Electronic
fund transfers as defined in section
903(7) of the Electronic Fund Transfer
Act (15 U.S.C. 1693a(7)), as well as any
other funds transfers that are made
through an automated clearinghouse, an
automated teller machine, or a point-ofsale system, are excluded from this
definition.
*
*
*
*
*
(ddd) Transmittal of funds. * * *
Electronic fund transfers as defined in
section 903(7) of the Electronic Fund
Transfer Act (15 U.S.C. 1693a(7)), as
well as any other funds transfers that are
made through an automated
clearinghouse, an automated teller
machine, or a point-of-sale system, are
excluded from this definition.
*
*
*
*
*

wreier-aviles on DSK5TPTVN1PROD with RULES

*

In concurrence:
By order of the Board of Governors of the
Federal Reserve System, November 13, 2013.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
Dated: November 14, 2013.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2013–28951 Filed 12–3–13; 8:45 am]
BILLING CODE 4810–2P–P; 6210–01–P

VerDate Mar<15>2010

13:12 Dec 03, 2013

Jkt 232001

Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.

AGENCY:
ACTION:

The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Black Bayou
pontoon bridge across the Gulf
Intracoastal Waterway, mile 237.5, near
Moss Lake, Louisiana. The deviation is
necessary in order to drive piles for 2
sheave platforms, 2 winch platforms, a
walkway, and a hydraulic unit housing
platform. These repairs are essential for
the continued safe operation of the
bridge. This deviation allows the bridge
to remain temporarily closed to
navigation during daylight for ten
consecutive hours, Monday through
Thursday for three weeks.
DATES: This deviation is effective
without actual notice from December 4,
2013 until December 19, 2013. For the
purposes of enforcement, actual notice
will be used from the date the deviation
was signed, November 14, 2013, until
December 19, 2013.
ADDRESSES: The docket for this
deviation, [USCG–2013–0922] is
available at http://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Donna Gagliano,
Bridge Administration Branch, Coast
Guard; telephone 504–671–2128, email
Donna.Gagliano@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Louisiana Department of Transportation
and Development has requested a
temporary deviation from the operating
SUMMARY:

PO 00000

Frm 00027

Fmt 4700

Sfmt 4700

72817

schedule on the pontoon bridge across
the Gulf Intracoastal Waterway at mile
237.5 near Moss Lake, Louisiana.
In accordance with 33 CFR 117.5,
except as otherwise authorized or
required by this part, drawbridges must
open promptly and fully for the passage
of vessels when a request or signal to
open is given in accordance with this
subpart. The draw bridge must return to
operation when the work has stopped
for any reason. This temporary
deviation allows the pontoon bridge to
remain closed to navigation from 7 a.m.
to 5 p.m., Monday through Thursday,
during 3 weeks beginning December 2,
2013 through Thursday, December 19,
2013, for a total of 12 days. During this
time, repairs will be performed,
including driving piles for 2 sheave
platforms, 2 winch platforms, a
walkway and a hydraulic unit housing
platform. The repairs are necessary to
ensure the safety of the bridge. Notices
will be published in the Eighth Coast
Guard District Local Notice to Mariners
and will be broadcast via the Coast
Guard Broadcast Notice to Mariners
System.
Navigation on the waterway consists
of commercial and recreational fishing
vessels, small to medium crew boats,
and small tugs with and without tows.
No alternate routes are available for the
passage of vessels; however, the closure
was coordinated with waterway
interests who have indicated that they
will be able to adjust their operations
around the proposed work schedule.
The bridge will be able to open
manually in the event of an emergency,
but it will take about one hour to do so.
In accordance with 33 CFR 117.5, the
draw bridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.5
Dated: November 14, 2013.
David M. Frank,
Bridge Administrator.
[FR Doc. 2013–29012 Filed 12–3–13; 8:45 am]
BILLING CODE 9110–04–P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0968]

Drawbridge Operation Regulation;
Chef Menteur Pass, New Orleans, LA
AGENCY:

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Coast Guard, DHS.

04DER1