This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

18795 

Vol. 78, No. 60 

Thursday, March 28, 2013 

1 76 FR 22948, 23002 (Apr. 25, 2011) (April 2011 

Final Rule). The Board proposed this provision for 

comment in November 2010. 75 FR 67458, 67475 

(Nov. 2, 2010). 

2See 12 U.S.C. 5581; 15 U.S.C. 1604(a); 

Designated Transfer Date, 75 FR 57252 (Sept. 20, 

2010). 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1026 

[Docket No. CFPB–2012–0015] 

RIN 3170–AA21 

Truth in Lending (Regulation Z) 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule; Official 

Interpretations. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is 

amending Regulation Z, which 

implements the Truth in Lending Act, 

and the Official Interpretations of the 

regulation, which interpret the 

requirements of Regulation Z. 

Regulation Z generally limits the total 

amount of fees that a credit card issuer 

may require a consumer to pay with 

respect to an account to 25 percent of 

the credit limit in effect when the 

account is opened. Regulation Z 

previously stated that this limitation 

applies prior to account opening and 

during the first year after account 

opening. This final rule amends 

Regulation Z to apply the limitation 

only during the first year after account 

opening. 

DATES: This rule is effective March 28, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Evans, Counsel, Office of 

Regulations, Bureau of Consumer 

Financial Protection, 1700 G Street NW., 

Washington, DC 20552, at (202) 435– 

7700. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Credit Card Accountability 

Responsibility and Disclosure Act of 

2009 (Credit Card Act) was signed into 

law on May 22, 2009. Public Law 111– 

24, 123 Stat. 1734 (2009). The Credit 

Card Act primarily amended the Truth 

in Lending Act (TILA) and instituted 

new substantive and disclosure 

requirements to establish fair and 

transparent practices for open-end 

consumer credit plans. 

The Credit Card Act added TILA 

section 127(n)(1), which states that ‘‘[i]f 

the terms of a credit card account under 

an open end consumer credit plan 

require the payment of any fees (other 

than any late fee, over-the-limit fee, or 

fee for a payment returned for 

insufficient funds) by the consumer in 

the first year during which the account 

is opened in an aggregate amount in 

excess of 25 percent of the total amount 

of credit authorized under the account 

when the account is opened,’’ then ‘‘no 

payment of any fees (other than any late 

fee, over-the-limit fee, or fee for a 

payment returned for insufficient funds) 

may be made from the credit made 

available under the terms of the 

account.’’ 15 U.S.C. 1637(n)(1). 

On January 12, 2010, the Board of 

Governors of the Federal Reserve 

System (Board) issued a final rule 

implementing new TILA section 127(n) 

in 12 CFR 226.52(a). See 75 FR 7658, 

7819 (Feb. 22, 2010) (January 2010 Final 

Rule). Section 226.52(a) limits the total 

amount of fees that a credit card issuer 

may require a consumer to pay with 

respect to an account to ‘‘25 percent of 

the credit limit in effect when the 

account is opened.’’ Id. Under the 

Board’s January 2010 Final Rule, this 

limitation applied only during the first 

year after account opening. Id. This rule 

became effective on February 22, 2010. 

On April 8, 2011, the Board issued a 

final rule expanding § 226.52(a) to apply 

to fees the consumer is required to pay 

with respect to an account prior to 

account opening.1 The change was 

based on the Board’s understanding that 

certain credit card issuers were 

‘‘requiring consumers to pay application 

or processing fees prior to account 

opening that, when combined with 

other fees charged to the account after 

account opening, exceed 25 percent of 

the account’s initial credit limit.’’ 76 FR 

at 22977. The Board viewed this 

practice as ‘‘inconsistent with the intent 

of [TILA] [s]ection 127(n)(1) insofar as it 

alters the statutory relationship between 

the costs and benefits of opening a 

credit card account.’’ Id. The Board’s 

change to § 226.52(a) was scheduled to 

become effective on October 1, 2011. Id. 

at 22948. 

On July 20, 2011, a credit card issuer 

filed a lawsuit in the United States 

District Court for the District of South 

Dakota, alleging that the Board exceeded 

its authority by expanding § 226.52(a) to 

apply to fees the consumer is required 

to pay prior to account opening. See 

First Premier Bank v. U.S. Consumer 

Fin. Prot. Bureau, 819 F. Supp. 2d. 906 

(D.S.D. Sept. 23, 2011). On July 21, 

2011, the Board’s rulemaking authority 

to implement the provisions of TILA 

transferred to the Bureau pursuant to 

sections 1061 and 1100A of the DoddFrank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act). Public 

Law 111–203 (2010).2 On August 5, 

2011, the card issuer filed a motion for 

a preliminary injunction, asking the 

court to postpone the October 1, 2011 

effective date with respect to the 

application of § 226.52 to fees paid prior 

to account opening. The district court 

granted the motion for a preliminary 

injunction on September 23, 2011. First 

Premier Bank, 819 F. Supp. 2d. at 923 

(South Dakota litigation). As a result of 

the court’s order, the portion of the 

Board’s 2011 final rule applying 

§ 226.52(a) to pre-account opening fees 

has not become effective. 

On December 22, 2011, the Bureau 

published in the Federal Register an 

interim final rule to reflect its 

assumption of rulemaking authority 

over Regulation Z. 76 FR 79768 (Dec. 

22, 2011). The interim final rule made 

only technical changes to Regulation Z, 

such as noting the Bureau’s authority 

and renumbering Regulation Z as 12 

CFR Part 1026. Accordingly, the 

provision addressed in this rulemaking 

and in the litigation discussed above is 

properly cited as 12 CFR 1026.52(a). 

II. Summary of the Bureau’s 

Rulemaking Process 

A. The Bureau’s Proposal 

On April 12, 2012, the Bureau issued 

a proposal to amend 12 CFR 1026.52(a), 

and associated Official Interpretations, 

to provide that the fee limit of 25 

percent of the credit limit in effect when 


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18796 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 

3Public Law 111–203, Section 1061(a)(1). 

Effective on the designated transfer date, the Bureau 

was also granted ‘‘all powers and duties’’ vested in 

each of the Federal agencies, relating to the 

consumer financial protection functions, on the day 

before the designated transfer date. 

4Public Law 111–203, Section 1002(14) (defining 

‘‘Federal consumer financial law’’ to include 

‘‘enumerated consumer laws’’); id. Section 1002(12) 

(defining ‘‘enumerated consumer laws’’ to include 

TILA). 

5Specifically, section 1022(b)(2)(A) of the DoddFrank Act calls for the Bureau to consider the 

potential benefits and costs of a regulation to 

consumers and covered persons, including the 

potential reduction of access by consumers to 

consumer financial products or services; the impact 

on depository institutions and credit unions with 

$10 billion or less in total assets as described in 

section 1026 of the Dodd-Frank Act; and the impact 

on consumers in rural areas. This discussion 

considers the impacts of the final rule relative to 

existing law. 

6 5 U.S.C. 601 et seq. The Bureau is not aware of 

any governmental units or not-for-profit 

organizations to which the rule would apply. 

7 5 U.S.C. 601(3). The Bureau may establish an 

alternative definition after consultation with the 

Small Business Administration and an opportunity 

for public comment. 

the account is opened applies only 

during the first year after account 

opening. 77 FR 21875 (Apr. 12, 2012) 

(April 2012 Proposed Rule). The Bureau 

issued the April 2012 Proposed Rule to 

resolve the uncertainty created by the 

South Dakota litigation discussed above. 

The comment period closed on June 11, 

2012. 

B. Summary of Public Comments 

In response to the April 2012 

Proposed Rule, the Bureau received over 

50 electronically submitted comments, 

as well as approximately 1,000 mailed 

form letters, prior to the comment 

closing date. The majority of the 

comment letters were submitted by 

members of the public, although the 

Bureau also received comments from 

industry, consumer advocacy groups, 

and the New York State Office of the 

Attorney General. 

Many members of the public opposed 

the April 2012 Proposed Rule, arguing 

that amending 12 CFR 1026.52(a) would 

reduce protections for vulnerable 

consumers. Consumer advocates and the 

New York State Office of the Attorney 

General expressed similar views. Some 

of these commenters suggested that the 

Bureau pursue other means of limiting 

pre-account opening fees, such as 

writing additional rules, coordinating 

examination activities, or bringing 

enforcement actions. Industry 

representatives, however, supported the 

proposed rule as a more accurate 

implementation of the Credit Card Act 

and an effective way to resolve the 

current litigation. 

III. Legal Authority 

The Bureau is issuing this final rule 

pursuant to its authority under TILA 

and the Dodd-Frank Act. Effective July 

21, 2011, section 1061 of the DoddFrank Act transferred to the Bureau the 

‘‘consumer financial protection 

functions’’ previously vested in certain 

other Federal agencies. The term 

‘‘consumer financial protection 

functions’’ is defined to include ‘‘all 

authority to prescribe rules or issue 

orders or guidelines pursuant to any 

Federal consumer financial law, 

including performing appropriate 

functions to promulgate and review 

such rules, orders, and guidelines.’’ 3

TILA is a Federal consumer financial 

law.4 Accordingly, effective July 21, 

2011, except with respect to persons 

excluded from the Bureau’s rulemaking 

authority by section 1029 of the DoddFrank Act, the authority of the Board to 

issue regulations pursuant to TILA 

transferred to the Bureau. 

TILA, as amended by the Dodd-Frank 

Act, authorizes the Bureau to ‘‘prescribe 

regulations to carry out the purposes of 

[TILA].’’ Public Law 111–203, Section 

1100A(2); 15 U.S.C. 1604(a). These 

regulations may contain such 

classifications, differentiations, or other 

provisions, and may provide for such 

adjustments and exceptions for any 

class of transactions, that in the 

Bureau’s judgment are necessary or 

proper to effectuate the purpose of 

TILA, facilitate compliance with TILA, 

or prevent circumvention or evasion of 

TILA. Id. 

IV. Summary of the Final Rule 

The Bureau is amending § 1026.52(a) 

to provide that the limitation on credit 

card fees applies only during the first 

year after account opening. The Bureau 

is also amending the Official 

Interpretations of § 1026.52(a) to reflect 

this change and to correct a 

mathematical error present in the 

Board’s Official Staff Interpretations, 

and now the Bureau’s Official 

Interpretations, since the Board’s 

January 2010 Final Rule. 

The Bureau takes seriously the 

concerns raised by commenters, 

particularly with respect to the effect 

that the rule may have on vulnerable 

consumers. The Bureau believes, 

however, that the final rule is necessary 

to resolve the uncertainty created by the 

South Dakota litigation discussed above. 

The Bureau will continue to monitor the 

credit card market to determine if it 

should take further action to protect 

consumers, using one or more of its 

powers under TILA, the Credit Card 

Act, or the Dodd-Frank Act. 

V. Section 1022(b)(2) of the Dodd-Frank 

Act 

In developing the final rule, the 

Bureau has conducted an analysis of 

potential benefits, costs, and impacts,5

and has consulted or offered to consult 

with the prudential regulators and the 

Federal Trade Commission, including 

regarding consistency with any 

prudential, market, or systemic 

objectives administered by such 

agencies. 

The final rule provides that the 

limitation on credit card account fees in 

§ 1026.52(a) applies only during the first 

year after account opening. Thus, once 

the final rule takes effect, fees that a 

consumer is required to pay prior to 

account opening are not subject to the 

limitation in § 1026.52(a). 

The Bureau believes that the final rule 

may impose potential costs on 

consumers by permitting a creditor to 

collect fees that would have been 

disallowed under the Board’s April 

2011 Final Rule. Card issuers should 

benefit from clarification of the scope of 

§ 1026.52(a), which will resolve any 

uncertainty created by the South Dakota 

litigation. The final rule also permits 

card issuers to collect fees that were 

previously prohibited. The Bureau does 

not expect the final rule to impose costs 

on card issuers or to cause a reduction 

in consumer access to credit. All 

methods of compliance under previous 

regulation remain available to card 

issuers. Thus, a card issuer who was 

previously in compliance with 

§ 1026.52(a) need not take any 

additional action to remain so. 

The final rule has no unique impact 

on insured depository institutions or 

insured credit unions with $10 billion 

or less in assets as described in section 

1026 of the Dodd-Frank Act, nor does 

the final rule have a unique impact on 

rural consumers. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

an initial regulatory flexibility analysis 

(IRFA) and a final regulatory flexibility 

analysis (FRFA) of any rule subject to 

notice-and-comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities, including 

small businesses, small governmental 

units, and small not-for-profit 

organizations.6 The RFA defines a 

‘‘small business’’ as a business that 

meets the size standard developed by 

the Small Business Administration 

pursuant to the Small Business Act.7

The Bureau also is subject to certain 


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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 18797 

8See 75 FR 7791 for the Board’s burden analysis 

under the Paperwork Reduction Act. 

additional procedures under the RFA 

involving the convening of a panel to 

consult with small business 

representatives prior to proposing a rule 

for which an IRFA is required. 5 U.S.C. 

609. 

In the April 2012 Proposed Rule, the 

Bureau did not conduct an IRFA 

because the Bureau concluded that the 

proposed rule, if finalized, would not 

have a significant economic impact on 

any small entities. The Bureau reasoned 

that it did not expect the proposal to 

impose costs on card issuers because if 

the Bureau adopted the proposal as 

written, all previous methods of 

compliance would remain available to 

small entities. Thus, a small entity 

already in compliance need not take any 

additional action. The undersigned 

therefore certified that the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 77 FR 21875, 21877 (Apr. 12, 

2012). The Bureau did not receive 

comment with respect to this 

certification or its underlying reasoning. 

The Bureau reiterates its previous 

conclusion that the overall effect of the 

final rule is to narrow the compliance 

obligations under § 1026.52(a) for card 

issuers and to give card issuers 

additional certainty about how to 

comply with § 1026.52(a). Accordingly, 

the undersigned certifies that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

VII. Paperwork Reduction Act 

The collection of information related 

to this final rule has been previously 

reviewed and approved by the Office of 

Management and Budget (OMB) in 

accordance with the Paperwork 

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

3507(d)) and assigned OMB Control 

Number 3170–0015 (Expiration Date 11/ 

30/15). The Bureau determined that the 

April 2012 Proposed Rule would not 

impose any new recordkeeping, 

reporting, or disclosure requirements on 

covered entities or members of the 

public that would constitute collections 

of information requiring approval under 

the Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. The Bureau did not receive 

any comments regarding this 

conclusion, to which the Bureau 

adheres. The Bureau concludes that the 

final rule, which adopts the proposal in 

relevant respects, also imposes no new 

information collection requirements 

subject to the Paperwork Reduction Act. 

With this final rule, card issuers 

subject to § 1026.52(a) will not have to 

comply with its fee limitations with 

respect to fees the consumer is required 

to pay prior to account opening. The 

Bureau believes that any burden 

associated with updating compliance 

under the final rule is already accounted 

for in the previously approved burden 

estimates associated with the collection 

in Regulation Z under the Board’s 

January 2010 Final Rule. That rule 

imposed a similar limitation on fees.8

Accordingly, for the reasons stated 

above, the Bureau estimates that there is 

no increase in the one-time or ongoing 

burden to comply with the requirements 

under § 1026.52(a). 

The Bureau has a continuing interest 

in the public’s opinions of its 

collections of information. At any time, 

comments regarding the burden 

estimate, or any other aspect of this 

collection of information, including 

suggestions for reducing the burden, 

may be sent to: Consumer Financial 

Protection Bureau, Attention: PRA 

Office, 1700 G Street NW., Washington, 

DC 20552, or by the internet to 

CFPB_Public_PRA@cfpb.gov. 

List of Subjects in 12 CFR Part 1026 

Advertising, Consumer protection, 

Credit, Credit unions, Mortgages, 

National banks, Reporting and 

recordkeeping requirements, Savings 

associations, Truth in lending. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau amends 

Regulation Z, 12 CFR part 1026, as set 

forth below: 

PART 1026—TRUTH IN LENDING 

(REGULATION Z) 

■ 1. The authority citation for Part 1026 

continues to read as follows: 

Authority: 12 U.S.C. 2601; 2603–2605, 

2607, 2609, 2617, 5511, 5512, 5532, 5581; 15 

U.S.C. 1601 et seq. 

Subpart G—Special Rules Applicable 

to Credit Card Accounts and Open-End 

Credit Offered to College Students 

■ 2. Section 1026.52 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 1026.52 Limitations on fees. 

(a) Limitations during first year after 

account opening. (1) General rule. 

Except as provided in paragraph (a)(2) 

of this section, the total amount of fees 

a consumer is required to pay with 

respect to a credit card account under 

an open-end (not home-secured) 

consumer credit plan during the first 

year after account opening must not 

exceed 25 percent of the credit limit in 

effect when the account is opened. For 

purposes of this paragraph, an account 

is considered open no earlier than the 

date on which the account may first be 

used by the consumer to engage in 

transactions. 

* * * * * 

■ 3. In Supplement I to Part 1026— 

Official Interpretations: 

■ A. Under Section 1026.52—Limitation 

on Fees: 

■ i. The heading 52(a) Limitations prior 

to account opening and during the first 

year after account opening is revised. 

■ ii. Under 52(a)(1) General rule, 

paragraphs 1 and 3 are revised. 

■ iii. Under 52(a)(2) Fees not subject to 

limitations, paragraph 1 is revised. 

The revisions read as follows: 

Supplement I to Part 1026—Official 

Interpretations 

* * * * * 

Section 1026.52—Limitations on fees. 

52(a) Limitations during first year 

after account opening. 

52(a)(1) General rule. 

1. Application. The 25 percent limit 

in § 1026.52(a)(1) applies to fees that the 

card issuer charges to the account as 

well as to fees that the card issuer 

requires the consumer to pay with 

respect to the account through other 

means (such as through a payment from 

the consumer’s asset account to the card 

issuer or from another credit account 

provided by the card issuer). For 

example: 

i. Assume that, under the terms of a 

credit card account, a consumer is 

required to pay $120 in fees for the 

issuance or availability of credit at 

account opening. The consumer is also 

required to pay a cash advance fee that 

is equal to five percent of the cash 

advance and a late payment fee of $15 

if the required minimum periodic 

payment is not received by the payment 

due date (which is the twenty-fifth of 

the month). At account opening on 

January 1 of year one, the credit limit for 

the account is $500. Section 

1026.52(a)(1) permits the card issuer to 

charge to the account the $120 in fees 

for the issuance or availability of credit 

at account opening. On February 1 of 

year one, the consumer uses the account 

for a $100 cash advance. Section 

1026.52(a)(1) permits the card issuer to 

charge a $5 cash-advance fee to the 

account. On March 26 of year one, the 

card issuer has not received the 

consumer’s required minimum periodic 

payment. Section 1026.52(a)(2) permits 

the card issuer to charge a $15 late 

payment fee to the account. On July 15 

of year one, the consumer uses the 

account for a $50 cash advance. Section 


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18798 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 

1026.52(a)(1) does not permit the card 

issuer to charge a $2.50 cash advance 

fee to the account. Furthermore, 

§ 1026.52(a)(1) prohibits the card issuer 

from collecting the $2.50 cash advance 

fee from the consumer by other means. 

ii. Assume that, under the terms of a 

credit card account, a consumer is 

required to pay $125 in fees for the 

issuance or availability of credit during 

the first year after account opening. At 

account opening on January 1 of year 

one, the credit limit for the account is 

$500. Section 1026.52(a)(1) permits the 

card issuer to charge the $125 in fees to 

the account. However, § 1026.52(a)(1) 

prohibits the card issuer from requiring 

the consumer to make payments to the 

card issuer for additional non-exempt 

fees with respect to the account during 

the first year after account opening. 

Section 1026.52(a)(1) also prohibits the 

card issuer from requiring the consumer 

to open a separate credit account with 

the card issuer to fund the payment of 

additional non-exempt fees during the 

first year after the credit card account is 

opened. 

* * * * * 

3. Changes in credit limit during first 

year. 

i. Increases in credit limit. If a card 

issuer increases the credit limit during 

the first year after the account is 

opened, § 1026.52(a)(1) does not permit 

the card issuer to require the consumer 

to pay additional fees that would 

otherwise be prohibited (such as a fee 

for increasing the credit limit). For 

example, assume that, at account 

opening on January 1, the credit limit 

for a credit card account is $400 and the 

consumer is required to pay $100 in fees 

for the issuance or availability of credit. 

On July 1, the card issuer increases the 

credit limit for the account to $600. 

Section 1026.52(a)(1) does not permit 

the card issuer to require the consumer 

to pay additional fees based on the 

increased credit limit. 

ii. Decreases in credit limit. If a card 

issuer decreases the credit limit during 

the first year after the account is 

opened, § 1026.52(a)(1) requires the card 

issuer to waive or remove any fees 

charged to the account that exceed 25 

percent of the reduced credit limit or to 

credit the account for an amount equal 

to any fees the consumer was required 

to pay with respect to the account that 

exceed 25 percent of the reduced credit 

limit within a reasonable amount of 

time but no later than the end of the 

billing cycle following the billing cycle 

during which the credit limit was 

reduced. For example, assume that, at 

account opening on January 1, the credit 

limit for a credit card account is $1,000 

and the consumer is required to pay 

$250 in fees for the issuance or 

availability of credit. The billing cycles 

for the account begin on the first day of 

the month and end on the last day of the 

month. On July 30, the card issuer 

decreases the credit limit for the 

account to $600. Section 1026.52(a)(1) 

requires the card issuer to waive or 

remove $100 in fees from the account or 

to credit the account for an amount 

equal to $100 within a reasonable 

amount of time but no later than August 

31. 

* * * * * 

52(a)(2) Fees not subject to 

limitations. 

1. Covered fees. Except as provided in 

§ 1026.52(a)(2), § 1026.52(a) applies to 

any fees or other charges that a card 

issuer will or may require the consumer 

to pay with respect to a credit card 

account during the first year after 

account opening, other than charges 

attributable to periodic interest rates. 

For example, § 1026.52(a) applies to: 

i. Fees that the consumer is required 

to pay for the issuance or availability of 

credit described in § 1026.60(b)(2), 

including any fee based on account 

activity or inactivity and any fee that a 

consumer is required to pay in order to 

receive a particular credit limit; 

ii. Fees for insurance described in 

§ 1026.4(b)(7) or debt cancellation or 

debt suspension coverage described in 

§ 1026.4(b)(10) written in connection 

with a credit transaction, if the 

insurance or debt cancellation or debt 

suspension coverage is required by the 

terms of the account; 

iii. Fees that the consumer is required 

to pay in order to engage in transactions 

using the account (such as cash advance 

fees, balance transfer fees, foreign 

transaction fees, and fees for using the 

account for purchases); 

iv. Fees that the consumer is required 

to pay for violating the terms of the 

account (except to the extent 

specifically excluded by 

§ 1026.52(a)(2)(i)); 

v. Fixed finance charges; and 

vi. Minimum charges imposed if a 

charge would otherwise have been 

determined by applying a periodic 

interest rate to a balance except for the 

fact that such charge is smaller than the 

minimum. 

* * * * * 

Dated: March 22, 2013. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2013–07066 Filed 3–27–13; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1434; Airspace 

Docket No. 11–ACE–27] 

Amendment of Class E Airspace; West 

Union, IA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at West Union, IA. 

Decommissioning of the West Union 

non-directional beacon (NDB) at George 

L. Scott Municipal Airport has made 

reconfiguration necessary for standard 

instrument approach procedures and for 

the safety and management of 

Instrument Flight Rule (IFR) operations 

at the airport. 

DATES: Effective date: 0901 UTC, June 

27, 2013. 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. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone 817–321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On November 30, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the West 

Union, IA, area, creating additional 

controlled airspace at George L. Scott 

Municipal Airport (77 FR 71361) Docket 

No. FAA–2011–1434. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace extending 

upward from 700 feet above the surface 


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