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12310 Federal Register / Vol. 71, No.

47 / Friday, March 10, 2006 / Proposed Rules

account. The guidance also set forth the 4. Would additional guidance ENVIRONMENTAL PROTECTION
circumstances when a banking (including, if applicable, clarification of AGENCY
institution might want or need to existing guidance) to the banking
perform enhanced due diligence with industry regarding the opening and 40 CFR Part 52
regard to a money services business maintenance of accounts for money [EPA–R06–OAR–2004–TX–0006;
account and the nature of such services businesses within the Bank FRL–8044–1]
enhanced due diligence. Secrecy Act regulatory framework be
Together with the Federal Banking beneficial? If so, what specifically Approval and Promulgation of Air
Agencies, we have also provided should such guidance address? Quality Implementation Plans; Texas;
additional support and training to bank 5. Would additional guidance Control of Air Pollution by Permits for
examiners with regard to the variety of (including, if applicable, clarification of New Construction or Modification
products and services offered by money existing guidance) to money services
services businesses and the range of businesses regarding their AGENCY: Environmental Protection
risks posed. For instance, in June 2005, responsibilities under the Bank Secrecy Agency (EPA).
the Federal Banking Agencies, in Act as it pertains to obtaining banking ACTION: Proposed rule.
consultation with us, developed and services be beneficial? If so, what
issued, through the Federal Financial SUMMARY: EPA is proposing to approve
specifically should such guidance revisions to the Texas State
Institutions Examination Council, address?
uniform Bank Secrecy Act/Anti-Money Implementation Plan (SIP). This action
6. Are there steps that could be taken
Laundering examination procedures to approves provisions for alternate
with regard to regulation and oversight
be used by all Federal Banking Agency language public notice for certain
under the Bank Secrecy Act that could
examiners. The new examination preconstruction permits or permit
operate to reduce perceived risks
procedures include a section focused renewals and provisions for
presented by money services
specifically on non-bank financial preconstruction permit renewals. It
businesses?
institutions, including money services approves SIP revisions that Texas
7. Since the March, 2005, hearing and
businesses. submitted to EPA on August 31, 1993;
the issuance of guidance in April, 2005,
Notwithstanding these efforts, April 29, 1994; August 17, 1994; and
to banks and to money services
providing banking and other financial July 22, 1998. The revisions that EPA is
businesses, has there been an overall
services to money services businesses approving supplement the current
increase or decrease in the provision of
continues to be an issue of concern. As requirements for new construction and
banking services to money services
a part of our continuing effort to address modifications and are more stringent
businesses? Please offer any thoughts as
this matter in the context of the Bank than the Federal Clean Air Act (CAA or
to why this has occurred.
Secrecy Act, issuing this Advance the Act) and EPA regulations. We are
Notice to solicit updated facts and III. Conclusion approving the revisions under sections
recommendations regarding what We are seeking input to assist in our 110 and 116 of the Act as improving the
additional measures with regard to the efforts to ensure that money services existing SIP.
Bank Secrecy Act, if any, would be businesses that comply with the law DATES: Written comments must be
appropriate. have reasonable access to banking received on or before April 10, 2006.
services and, specifically, to avoid any ADDRESSES: Comments may be mailed to
II. Issues for Comment
unintended misinterpretation of Bank Mr. David Neleigh, Chief, Air Permits
In issuing this Advance Notice, we Secrecy Act requirements that could Section (6PD–R), Environmental
solicit comments on the following adversely affect the issue of the Protection Agency, 1445 Ross Avenue,
issues: establishment and maintenance of Suite 1200, Dallas, Texas 75202–2733.
1. What requirements have banking account relationships and other banking Comments may also be submitted
institutions imposed on money services services for money services businesses electronically or through hand delivery/
businesses to open or maintain account by banking institutions. We welcome courier by following the detailed
relationships since the issuance of the comments on all aspects of this instructions in the ADDRESSES section of
joint guidance by us and the Federal Advance Notice and encourage all the direct final rule located in the rules
Banking Agencies in April 2005? interested parties to provide their views. section of this Federal Register.
2. Describe any circumstances under
FOR FURTHER INFORMATION CONTACT: Mr.
which money services businesses have IV. Executive Order 12866
provided or have been willing to Stanley M. Spruiell, Air Permits Section
This Advance Notice is not a (6PD–R), Environmental Protection
provide the information specified in the ‘‘significant regulatory action’’ for
guidance issued by us to money services Agency, Region 6, 1445 Ross Avenue,
purposes of Executive Order 12866. It Suite 700, Dallas, Texas 75202–2733,
businesses in April 2005, concerning neither establishes nor proposes any
their obligations under the Bank Secrecy telephone (214) 665–7212; fax number
regulatory requirements. Instead, it 214–665–7263; e-mail address
Act, and yet have had banking seeks public comment on a number of
institutions decline to open or continue spruiell.stanley@epa.gov.
issues concerning the establishment and
account relationships for the money maintenance of account relationships at SUPPLEMENTARY INFORMATION: In the
services businesses. banking institutions by money services final rules section of this Federal
3. Have Bank Secrecy Act-related businesses within the Bank Secrecy Act Register, EPA is approving the State’s
grounds been cited for why banking regulatory framework. SIP submittal as a direct final rule
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institutions have decided not to open, or without prior proposal because the
have decided not to continue to Dated: March 3, 2006. Agency views this as a noncontroversial
maintain, account relationships for William F. Baity, submittal and anticipates no significant
money services businesses since the Acting Director, Financial Crimes adverse comments. A detailed rationale
issuance of the guidance to money Enforcement Network. for the approval is set forth in the direct
services businesses and to banking [FR Doc. E6–3373 Filed 3–9–06; 8:45 am] final rule. If no significant adverse
institutions in April 2005? BILLING CODE 4810–02–P comments are received in response to

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Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules 12311

this action, no further activity is necessary, to prohibit or limit those uses of encryption, and be free of any defects
contemplated. If EPA receives or activities. or viruses.
significant adverse comments, the direct DATES: Comments must be received on Docket: All documents in the docket
final rule will be withdrawn and all or before April 10, 2006. are listed in the regulations.gov index.
public comments received will be Although listed in the index, some
ADDRESSES: Submit your comments,
addressed in a subsequent final rule information is not publicly available,
identified by docket identification (ID)
based on this proposed rule. EPA will e.g., CBI or other information whose
number EPA–HQ–OPPT–2005–0015, by
not institute a second comment period. disclosure is restricted by statute.
one of the following methods:
Any parties interested in commenting Certain other material, such as
• http://www.regulations.gov. Follow
on this action should do so at this time. copyrighted material, is not placed on
the on-line instructions for submitting
Please note that if EPA receives the Internet and will be publicly
comments.
significant adverse comment on an available only in hard copy form.
• E-mail: oppt.ncic@epa.gov.
amendment, paragraph, or section of • Mail: Document Control Office Publicly available docket materials are
this rule and if that provision may be available electronically through
(7407M), Office of Pollution Prevention
severed from the remainder of the rule, regulations.gov or in hard copy at the
and Toxics (OPPT), Environmental
EPA may adopt as final those provisions OPPT Docket, EPA Docket Center (EPA/
Protection Agency, 1200 Pennsylvania
of the rule that are not the subject of an DC), EPA West, Rm. B102, 1301
Ave., NW., Washington, DC 20460–
adverse comment. Constitution Ave., NW., Washington,
0001.
For additional information, see the DC. The EPA Docket Center Public
• Hand Delivery: OPPT Document
direct final rule which is located in the Reading Room is open from 8:30 a.m. to
Control Office (DCO), EPA East Bldg.,
rules section of this Federal Register. 4:30 p.m., Monday through Friday,
Rm. 6428, 1201 Constitution Ave., NW.,
excluding legal holidays. The telephone
Dated: February 28, 2006. Washington, DC. Attention: Docket ID
number for the Public Reading Room is
Richard E. Greene, number EPA–HQ–OPPT–2005–0015.
(202) 566–1744, and the telephone
Regional Administrator, Region 6. The DCO is open from 8 a.m. to 4 p.m.,
number for the OPPT Docket is (202)
[FR Doc. 06–2316 Filed 3–9–06; 8:45 am] Monday through Friday, excluding legal
566–0280.
holidays. The telephone number for the
BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: For
DCO is (202) 564–8930. Such deliveries
are only accepted during the Docket’s general information contact: Colby
normal hours of operation, and special Lintner, Regulatory Coordinator,
ENVIRONMENTAL PROTECTION Environmental Assistance Division
AGENCY arrangements should be made for
(7408M), Office of Pollution Prevention
deliveries of boxed information.
Instructions: Direct your comments to and Toxics, Environmental Protection
40 CFR Part 721
docket ID number EPA–HQ–OPPT– Agency, 1200 Pennsylvania Ave., NW.,
[EPA–HQ–OPPT–2005–0015; FRL–7740–6]
2005–0015. EPA’s policy is that all Washington, DC 20460–0001; telephone
RIN 2070–AJ18 comments received will be included in number: (202) 554–1404; e-mail address:
the public docket without change and TSCA-Hotline@epa.gov.
Perfluoroalkyl Sulfonates; Proposed For technical information contact:
may be made available on-line at http://
Significant New Use Rule Amy Breedlove, Chemical Control
www.regulations.gov, including any
Division (7405M), Office of Pollution
AGENCY: Environmental Protection personal information provided, unless
Prevention and Toxics, Environmental
Agency (EPA). the comment includes information
Protection Agency, 1200 Pennsylvania
ACTION: Proposed rule. claimed to be Confidential Business
Ave., NW., Washington, DC 20460–
Information (CBI) or other information
0001; telephone number: (202) 564–
SUMMARY: EPA is proposing to amend a whose disclosure is restricted by statute.
9823; e-mail address:
significant new use rule (SNUR) under Do not submit information that you
breedlove.amy@epa.gov.
section 5(a)(2) of the Toxic Substances consider to be CBI or otherwise
Control Act (TSCA) to include certain protected through regulations.gov or e- SUPPLEMENTARY INFORMATION:
perfluoroalkyl sulfonates (PFAS) mail. The regulations.gov website is an I. General Information
substances. EPA is proposing to amend ‘‘anonymous access’’ system, which
the PFAS SNUR at 40 CFR 721.9582 by means EPA will not know your identity A. Does this Action Apply to Me?
adding a new Table 3 containing the or contact information unless you You may be potentially affected by
remaining PFAS chemicals on the TSCA provide it in the body of your comment. this action if you manufacture (defined
Inventory that are not already regulated If you send an e-mail comment directly by statute to include import) any of the
by the SNUR. This proposed rule would to EPA without going through chemical substances that are listed in
require manufacturers, including regulations.gov your e-mail address will Table 3 in § 721.9582(a)(1) of the
importers, to notify EPA at least 90 days be automatically captured and included proposed regulatory text.
before commencing the manufacture or as part of the comment that is placed in Persons who intend to import any
import of the PFAS chemicals listed in the public docket and made available on chemical substance governed by a final
Table 3 of the regulatory text proposed the Internet. If you submit an electronic SNUR are subject to the TSCA section
herein for the significant new uses comment, EPA recommends that you 13 (15 U.S.C. 2612) import certification
described in this document on or after include your name and other contact requirements, and to the regulations
April 10, 2006. EPA believes that this information in the body of your codified at 19 CFR 12.118 through
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action is necessary because these comment and with any disk or CD ROM 12.127 and 127.28. Those persons must
chemical substances may be hazardous you submit. If EPA cannot read your certify that they are in compliance with
to human health and the environment. comment due to technical difficulties the SNUR requirements. The EPA policy
The required notice will provide EPA and cannot contact you for clarification, in support of import certification
the opportunity to evaluate intended EPA may not be able to consider your appears at 40 CFR part 707, subpart B.
significant new uses and associated comment. Electronic files should avoid In addition, any persons who export or
activities before they occur and, if the use of special characters, any form intend to export a chemical substance

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