Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations 55995 

31(b)(2) Receipt 

* * * * * 

4. Web site of the Consumer Financial 

Protection Bureau. Section 1005.31(b)(2)(vi) 

requires a remittance transfer provider to 

disclose the name, toll-free telephone 

number(s), and Web site of the Consumer 

Financial Protection Bureau. Providers may 

satisfy this requirement by disclosing the 

Web site of the Consumer Financial 

Protection Bureau’s homepage, 

www.consumerfinance.gov, as shown on 

Model Forms A–32, A–34, A–35, and A–39. 

Alternatively, providers may, but are not 

required to, disclose the Bureau’s Web site as 

the address of a page on the Bureau’s Web 

site that provides information for consumers 

about remittance transfers, currently, 

consumerfinance.gov/sending-money, as 

shown on Model Form A–31. In addition, 

providers making disclosures in a language 

other than English pursuant to § 1005.31(g) 

may, but are not required to, disclose the 

Bureau’s Web site as a page on the Bureau’s 

Web site that provides information for 

consumers about remittance transfers in the 

relevant language, if such Web site exists. For 

example, a provider that is making 

disclosures in Spanish under § 1005.31(g) 

may, but is not required to, disclose the 

Bureau’s Web site on Spanish-language 

disclosures as the page on the Bureau’s Web 

site that provides information regarding 

remittance transfers in Spanish, currently 

consumerfinance.gov/envios. This optional 

disclosure is shown on Model A–40. The 

Bureau will publish a list of any other foreign 

language Web sites that provide information 

regarding remittance transfers. 

* * * * * 

31(e) Timing 

1. Request to send a remittance transfer. 

Except as provided in § 1005.36(a), prepayment and combined disclosures are 

required to be provided to the sender when 

the sender requests the remittance transfer, 

but prior to payment for the transfer. 

Whether a consumer has requested a 

remittance transfer depends on the facts and 

circumstances. A sender that asks a provider 

to send a remittance transfer, and provides 

transaction-specific information to the 

provider in order to send funds to a 

designated recipient, has requested a 

remittance transfer. A sender that has sent an 

email, fax, mailed letter, or similar written or 

electronic communication has not requested 

a remittance transfer if the provider believes 

that it is impractical for the provider to treat 

that communication as a request and if the 

provider treats the communication as an 

inquiry and subsequently responds to that 

inquiry by calling the consumer on a 

telephone and orally gathering or confirming 

the information needed to process a request 

for a remittance transfer. See comment 

31(a)(3)–2. Likewise, a consumer who solely 

inquires about that day’s rates and fees to 

send to Mexico has not requested the 

provider to send a remittance transfer. 

Conversely, a sender who asks the provider 

at an agent location to send money to a 

recipient in Mexico and provides the sender 

and recipient information to the provider has 

requested a remittance transfer. 

* * * * * 

Section 1005.33 Procedures for Resolving 

Errors 

33(a) Definition of Error 

* * * * * 

7. Failure to make funds available by 

disclosed date of availability—fraud and 

other screening procedures. Under 

§ 1005.33(a)(1)(iv)(B), a remittance transfer 

provider’s failure to deliver funds by the 

disclosed date of availability is not an error 

if such delay is related to the provider’s or 

any third party’s investigation necessary to 

address potentially suspicious, blocked or 

prohibited activity, and the provider did not 

and could not have reasonably foreseen the 

delay so as to enable it to timely disclose an 

accurate date of availability when providing 

the sender with a receipt or combined 

disclosure. For example, no error occurs if 

delivery of funds is delayed because, after the 

receipt is provided, the provider’s fraud 

screening system flags a remittance transfer 

because the designated recipient has a name 

similar to the name of a blocked person 

under a sanctions program and further 

investigation is needed to determine that the 

designated recipient is not actually a blocked 

person. Similarly, no error occurs where, 

after disclosing a date of availability to the 

sender, a remittance transfer provider 

receives specific law enforcement 

information indicating that the 

characteristics of a remittance transfer match 

a pattern of fraudulent activity, and as a 

result, the provider deems it necessary to 

delay delivery of the funds to allow for 

further investigation. However, if a delay 

could have been reasonably foreseen, the 

exception in § 1005.33(a)(1)(iv)(B) would not 

apply. For example, if a provider knows in 

time to make a disclosure that all remittance 

transfers to a certain geographic area must 

undergo screening procedures that routinely 

delay such transfers by two days, the 

provider’s failure to include the additional 

two days in its disclosure of the date of 

availability constitutes an error if delivery of 

the funds is indeed delayed beyond the 

disclosed date of availability. 

* * * * * 

33(c) Time Limits and Extent of Investigation 

* * * * * 

5. Amount appropriate to resolve the error. 

For purposes of the remedies set forth in 

§ 1005.33(c)(2)(i)(A), (c)(2)(i)(B), 

(c)(2)(ii)(A)(1), and (c)(2)(i)(A)(2) the amount 

appropriate to resolve the error is the specific 

amount of transferred funds that should have 

been received if the remittance transfer had 

been effected without error. The amount 

appropriate to resolve the error does not 

include consequential damages. For example, 

when the amount that was disclosed 

pursuant to § 1005.31(b)(1)(vii) was received 

by the designated recipient before the 

provider must determine the appropriate 

remedy for an error under § 1005.33(a)(1)(iv), 

no additional amounts are required to resolve 

the error after the remittance transfer 

provider refunds the appropriate fees and 

taxes paid by the sender pursuant to 

§ 1005.33(c)(2)(ii)(B) or (c)(2)(iii), as 

applicable. 

* * * * * 

12. * * * 

i. A sender instructs a remittance transfer 

provider to send US$100 to a designated 

recipient in local currency, for which the 

provider charges a transfer fee of US$10 (and 

thus the sender pays the provider $110). The 

provider’s correspondent imposes a fee of 

US$15 that it deducts from the amount of the 

transfer. The sender provides incorrect or 

insufficient information that results in nondelivery of the remittance transfer as 

requested. Once the provider determines that 

an error occurred because the sender 

provided incorrect or insufficient 

information, the provider must provide the 

report required by § 1005.33(c)(1) or (d)(1) 

and inform the sender, pursuant to 

§ 1005.33(c)(1) or (d)(1), that it will refund 

US$95 to the sender within three business 

days, unless the sender chooses to apply the 

US$95 towards a new remittance transfer and 

the provider agrees. Of the $95 that is 

refunded to the sender, $10 reflects the 

refund of the provider’s transfer fee, and $85 

reflects the refund of the amount of funds 

provided by the sender in connection with 

the transfer which was not properly 

transmitted. The provider is not required to 

refund the US$15 fee imposed by the 

correspondent (unless the $15 will be 

refunded to the provider by the 

correspondent). 

* * * * * 

Dated: August 21, 2014. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2014–20681 Filed 9–17–14; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0369; Airspace 

Docket No. 14–ANM–4] 

RIN 2120–AA66 

Modification of VOR Federal Airway 

V–298 in the Vicinity of Pasco, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies VOR 

Federal airway V–298 in the vicinity of 

Pasco, WA. The FAA is taking this 

action due to the Pasco, WA (PSC), VHF 

Omnidirectional Range (VOR)/Distance 

Measuring Equipment (DME) facility 

that provides navigation aid (NAVAID) 

guidance for a portion of V–298, being 

relocated. This action will ensure the 

safety and efficient management of 


asabaliauskas on DSK5VPTVN1PROD with RULES
55996 Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations 

aircraft operating within the National 

Airspace System. 

DATES: Effective date 0901 UTC, 

November 13, 2014. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

ADDRESSES: FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. For further information, 

you can contact the Airspace Policy and 

Regulations Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: 202–267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace Policy and 

Regulations Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

The Tri-Cities Airport, located in 

Pasco, WA, is the fourth largest air 

carrier airport in Washington State. In 

the past five years, the number of 

enplanements at the airport has 

increased by nearly 100,000 per year. To 

accommodate this unprecedented 

growth, the Port of Pasco is expanding 

the Tri-Cities Airport terminal to nearly 

double the size of the existing terminal. 

However, the terminal expansion 

project creates a proximity issue to one 

of the taxiways on the airfield (taxiway 

D) by aircraft that will push back from 

the gates at the expanded terminal, as 

well as encroaches into the PSC VOR 

1,000 foot clear zone. 

To resolve the terminal expansion 

proximity issue with taxiway D, 

approximately two thirds of the taxiway 

is being relocated to the northeast, away 

from the terminal, to establish a straight, 

parallel taxiway to runways 12/30 for 

the entire length of the taxiway. As a 

result of the portion of taxiway D 

effected by the terminal expansion being 

relocated, the new taxiway will run 

through the PSC VOR/DME site. To 

overcome the airport terminal 

expansion encroaching on the PSC VOR 

clear zone and, subsequently, the new 

taxiway D being relocated through the 

VOR/DME site, the NAVAID will be 

moved north 0.44 nautical miles, away 

from the airport terminal expansion and 

the taxiway relocation. Moving the PSC 

VOR/DME enables the NAVAID to be 

retained and continue providing 

ground-based navigation aid coverage 

for the existing VOR Federal airway 

segments it supports today. 

Due to the PSC VOR/DME NAVAID 

being relocated, VOR Federal airway V– 

298 requires amendment action. The 

FAA is modifying this airway by 

changing the PSC VOR radial 

information used to identify the 

intersection point in the legal 

description using corrected radial 

information from the PSC VOR/DME in 

its new location. Since this action 

merely involves editorial changes in the 

legal descriptions of VOR Federal 

Airways, and does not involve a change 

in the dimensions or operating 

requirements of that airspace, notice 

and public procedure under 5 U.S.C. 

553(b) are unnecessary. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

to modify VOR Federal airway V–298. 

The PSC VOR/DME relocation, due to 

the Tri-Cities Airport terminal 

expansion and taxiway D relocation 

projects, has made this action necessary. 

The route modification is outlined 

below. 

V–298: V–298 extends between the 

Seattle, WA, VORTAC and Gillette, WY, 

VOR. This action modifies the route 

segment between the Yakima, WA, 

VORTAC and the PSC VOR/DME by 

changing the PSC radial used to 

describe the intersection between the 

two NAVAIDs from the Pasco 274° 

radial to the Pasco 273° radial. 

Additionally, this action removes 

reference to a south alternate airway 

designation previously deleted by 

regulatory action published in the 

Federal Register (48 FR 54829, 

December 7, 1983). 

The navigation aid radials cited in 

this action are stated relative to True 

north. 

Domestic VOR Federal airways are 

published in paragraph 6010(a) of FAA 

Order 7400.9Y dated August 6, 2014, 

and effective September 15, 2014, which 

is incorporated by reference in 14 CFR 

71.1. The VOR Federal airway listed in 

this document would be subsequently 

published in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies the route structure as 

necessary to preserve the safe and 

efficient flow of air traffic within the 

NAS. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations 55997 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, dated August 6, 2014 and 

effective September 15, 2014, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways 

* * * * * 

V–298 [Amended] 

From Seattle, WA; INT Seattle 107° and 

Yakima, WA, 331° radials; Yakima; INT 

Yakima 129° and Pasco, WA, 273° radials; 

Pasco; Pendleton, OR; 74 miles, 43 miles 115 

MSL, 99 MSL Donnelly, ID; 41 miles 99 MSL, 

89 miles 145 MSL, Dubois, ID; 68 miles 130 

MSL, Dunoir, WY; 62 miles 135 MSL, Boysen 

Reservoir, WY; 9 miles, 34 miles 105 MSL, 

Muddy Mountain,WY; to Gillette, WY. 

* * * * * 

Issued in Washington, DC, on September 

11, 2014. 

Ellen Crum, 

Acting Manager, Airspace Policy and 

Regulations Group. 

[FR Doc. 2014–22237 Filed 9–17–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0274; Airspace 

Docket No. 13–AGL–23] 

RIN 2120–AA66 

Modification and Revocation of Air 

Traffic Service (ATS) Routes in the 

Vicinity of Sandusky, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends 5 VHF 

Omnidirectional Range (VOR) Federal 

airways (V–6, V–30, V–126, V–133, and 

V–416) and removes 1 VOR Federal 

airway (V–65) in the vicinity of 

Sandusky, OH. The FAA is taking this 

action due to the scheduled 

decommissioning of the Sandusky, OH, 

VOR/Distance Measuring Equipment 

(VOR/DME) facility that provides 

navigation guidance for a portion of the 

airways listed. 

DATES: Effective date 0901 UTC, 

November 13, 2014. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

ADDRESSES: FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. For further information, 

you can contact the Airspace Policy and 

Regulations Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: 202–267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace Policy and 

Regulations Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA published in the Federal 

Register a notice of proposed 

rulemaking (NPRM) to amend VOR 

Federal airways V–6, V–30, V–126, V133, and V–416, and remove VOR 

Federal airway V–65 in the Sandusky, 

OH, area (79 FR 34453, June 17, 2014). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. No comments were received. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

by modifying VOR Federal airways V– 

6, V–30, V–126, V–133, and V–416, and 

removing VOR Federal airway V–65 in 

the vicinity of Sandusky, OH. These 

airway modifications are necessary due 

to the Sandusky, OH, VOR/DME being 

decommissioned and the remaining 

ground-based navigation aid (NAVAID) 

coverage in the area being insufficient to 

enable the continuity of the affected 

airways. The route modifications are 

outlined below. 

V–6: V–6 extends from the Oakland, 

CA, VOR Tactical Air Navigation 

(VORTAC) to the DuPage, IL, VOR/

DME, and from the intersection of the 

Chicago Heights, IL, VORTAC 358° and 

Gipper, MI, VORTAC 271° radials 

(NILES fix) to the La Guardia, NY, VOR/ 

DME. The route segment between the 

Waterville, OH, VOR/DME and Dryer, 

OH, VOR/DME is removed. Aircraft 

flying between the Waterville, OH, 

VOR/DME and Dryer, OH, VOR/DME 

will be routed using other existing 

adjacent airways. 

V–30: V–30 extends from the Badger, 

WI, VORTAC to the Solberg, NJ, VOR/ 

DME. The route segment between the 

Waterville, OH, VOR/DME and Dryer, 

OH, VOR/DME is removed. Aircraft 

flying between the Waterville, OH, 

VOR/DME and Dryer, OH, VOR/DME 

will be routed using other existing 

adjacent airways. 

V–65: V–65 is removed. 

V–126: V–126 extends from the 

intersection of the Peotone, IL, VORTAC 

053° and Knox, IN, VOR/DME 297° 

radials (BEARZ fix) to the Stonyfork, 

PA, VOR/DME. The route segment 

between the Waterville, OH, VOR/DME 

and Dryer, OH, VOR/DME is removed. 

Aircraft flying between the Waterville, 

OH, VOR/DME and Dryer, OH, VOR/

DME will be routed using other existing 

adjacent airways. 

V–133: V–133 extends from the 

intersection of the Charlotte, NC, VOR/ 

DME 305° and Barretts Mountain, NC, 

VOR/DME 197° radials (LINCO fix) to 

the Red Lake, ON, Canada (YRL), VOR/ 

DME, excluding the airspace within 

Canada. The route segment between the 

Mansfield, OH, VORTAC and Salem, 

MI, VORTAC is removed. Aircraft flying 

between the Mansfield, OH, VORTAC 

and Salem, MI, VORTAC will be routed 

using other existing adjacent airways. 

V–416: V–416 extends from the 

Rosewood, OH, VORTAC to the 

intersection of the Mansfield, OH, 

VORTAC 045° and Sandusky, OH, VOR/ 

DME 107° radials (JAKEE fix). The 

JAKEE fix is redefined in its existing 

location using radials from the 

Mansfield, OH, VORTAC and Dryer, 

OH, VOR/DME. 

The navigation aid radials cited in the 

VOR Federal airway descriptions in this 

action are stated relative to True north. 

Domestic VOR Federal airways are 

published in paragraph 6010(a) of FAA 

Order 7400.9Y dated August 6, 2014, 

and effective September 15, 2014, which 

is incorporated by reference in 14 CFR 

71.1. The VOR Federal airways listed in 

this document would be subsequently 

published in the Order. 

The FAA has determined that this 

regulation only involves an established 


asabaliauskas on DSK5VPTVN1PROD with RULES