Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76353 

1Public Law 111–203. 

2See Nat’l Grain & Feed Ass’n v. OSHA, 845 F.2d 

345, 346 (D.C. Cir. 1988); United Techs. Corp. v. 

OSHA, 836 F.2d 52, 53 (2d Cir. 1987); Indus. Union 

Dep’t, AFL–CIO v. Bingham, 570 F.2d 965, 970 (D.C. 

Cir. 1977) (Leventhal, J., concurring). 

(b) Inadmissible alien. An applicant 

who is not admissible to the United 

States as described in 8 CFR 

209.2(a)(1)(v), may, under section 209(c) 

of the Act, have the grounds of 

inadmissibility waived by USCIS except 

for those grounds under sections 

212(a)(2)(C) and 212(a)(3)(A), (B), (C), or 

(E) of the Act for humanitarian 

purposes, to ensure family unity, or 

when it is otherwise in the public 

interest. An application for the waiver 

may be requested with the application 

for adjustment, in accordance with the 

form instructions. An applicant for 

adjustment under this part who has had 

the status of an exchange alien 

nonimmigrant under section 

101(a)(15)(J) of the Act, and who is 

subject to the foreign resident 

requirement of section 212(e) of the Act, 

shall be eligible for adjustment without 

regard to the foreign residence 

requirement if otherwise eligible for 

adjustment. 

(c) Application. An application for the 

benefits of section 209(b) of the Act may 

be filed in accordance with the form 

instructions. If an alien has been placed 

in removal, deportation, or exclusion 

proceedings, the application can be filed 

and considered only in proceedings 

under section 240 of the Act. 

(d) Medical examination. For an alien 

seeking adjustment of status under 

section 209(b) of the Act, the alien shall 

submit a medical examination to 

determine whether any grounds of 

inadmissibility described under section 

212(a)(1)(A) of the Act apply. The asylee 

is also required to establish compliance 

with the vaccination requirements 

described under section 212(a)(1)(A)(ii) 

of the Act. 

(e) Interview. USCIS will determine, 

on a case-by-case basis, whether an 

interview by an immigration officer is 

necessary to determine the applicant’s 

admissibility for permanent resident 

status under this part. 

(f) Decision. USCIS will notify the 

applicant in writing of the decision on 

his or her application. There is no 

appeal of a denial, but USCIS will notify 

an applicant of the right to renew the 

request in removal proceedings under 

section 240 of the Act. If the application 

is approved, USCIS will record the 

alien’s admission for lawful permanent 

residence as of the date one year before 

the date of the approval of the 

application, but not earlier than the date 

of the approval for asylum in the case 

of an applicant approved under 

paragraph (a)(2) of this section. 

[FR Doc. 2012–31271 Filed 12–27–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 214 

Nonimmigrant Classes 

CFR Correction 

In Title 8 of the Code of Federal 

Regulations, revised as of January 1, 

2012, in § 214.2, make the following 

corrections: 

a. On page 289, reinstate paragraph 

(h)(2)(v); 

b. On page 310, following paragraph 

(h)(9)(i)(B), reinstate paragraphs 

(h)(9)(ii)(A) and (B); and 

c. On page 311, revise the third 

sentence of paragraph (h)(11)(i)(A). 

§ 214.2 Special requirements for 

admission, extension, and maintenance of 

status. 

* * * * * 

(h) * * * 

(2) * * * 

(v) H–2A Petitions. Special criteria for 

admission, extension, and maintenance 

of status apply to H–2A petitions and 

are specified in paragraph (h)(5) of this 

section. The other provisions of 

§ 214.2(h) apply to H–2A only to the 

extent that they do not conflict with the 

special agricultural provisions in 

paragraph (h)(5) of this section. 

* * * * * 

(9) * * * 

* * * * * 

(ii) Recording the validity of petitions. 

Procedures for recording the validity 

period of petitions are: 

(A) If a new H petition is approved 

before the date the petitioner indicates 

that the services or training will begin, 

the approved petition and approval 

notice shall show the actual dates 

requested by the petitoner as the 

validity period, not to exceed the limits 

specified by paragraph (h)(9)(iii) of this 

section or other Service policy. 

(B) If a new H petition is approved 

after the date the petitioner indicates 

that the services or training will begin, 

the aproved petition and approval 

notice shall show a validity period 

commencing with the date of approval 

and ending with the date requested by 

the petitioner, as long as that date does 

not exceed either the limits specified by 

paragraph (h)(9)(iii) of this section or 

other Service policy. 

* * * * * 

(11) * * * 

(i) * * * 

(A) * * * If the petitioner no longer 

employs the beneficiary, the petitioner 

shall send a letter explaining the 

change(s) to the director who approved 

the petition. * * * 

* * * * * 

[FR Doc. 2012–31272 Filed 12–27–12; 8:45 am] 

BILLING CODE 1505–01–D 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1074 

[Docket No. CFPB–2012–0051] 

Procedure Relating to Rulemaking 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is 

adopting a procedural rule (Final Rule) 

that specifies how the Bureau issues 

rules and when rules are considered 

issued. 

DATES: The Final Rule is effective on 

December 28, 2012. 

FOR FURTHER INFORMATION CONTACT: Lea 

Mosena and Martha Fulford, Attorneys, 

Legal Division, Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 20552, at (202) 435– 

7152. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary 

The Final Rule specifies how the 

Bureau issues rules and when rules are 

considered issued. In the future, the 

Bureau may issue further rules on 

procedures for rulemaking. 

Part 1074.1 establishes that the 

Bureau’s rules are deemed issued upon 

the earlier of: (1) When the final rule is 

posted on the Bureau’s Web site, or (2) 

when the final rule is published in the 

Federal Register. The Bureau’s Web site 

is www.consumerfinance.gov. 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act (DoddFrank Act) 1 and other statutes authorize 

the Bureau to issue rules. Ordinarily, a 

rule may be considered issued at least 

when the rulemaking document 

containing the final rule has been 

placed on public inspection by the 

Office of the Federal Register or 

published in the Federal Register. 

However, an agency may treat other 

events as constituting the issuance of a 

rule.2 The key prerequisite for issuing a 


srobinson on DSK4SPTVN1PROD with 
76354 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 

3 It is important to note that the date of issuance 

of a rule and the effective date of a rule are distinct. 

4For the purposes of this rule, the Bureau intends 

‘‘final rule’’ to encompass an interim final rule. 

5Clarity about what constitutes issuance may be 

of practical moment for regulated entities, 

potentially assisting in planning for implementation 

of a rule. 

6Pursuant to section 1062 of the Dodd-Frank Act, 

12 U.S.C. 5582, the Secretary of the Treasury 

designated July 21, 2011 as the transfer date. 75 FR 

57252. 

7Section 1022(b)(2)(A) of the Dodd-Frank 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. Section 1022(b)(2)(B) directs the 

Bureau to consult with the appropriate prudential 

regulators or other Federal agencies regarding 

consistency with objectives those agencies 

administer. The manner and extent to which these 

provisions apply to a rulemaking of this kind, 

which establishes Bureau procedures and imposes 

no standards of conduct, is unclear. Nevertheless, 

to inform this rulemaking more fully, the Bureau 

performed the analyses and consultations described 

in those provisions of the Dodd-Frank Act. 

rule appears to be providing public 

notice of the rule’s content. 

It is beneficial for regulated entities to 

know what constitutes issuance of an 

agency’s rules.3 Pursuant to a 

commitment to using modern 

technology to facilitate the Bureau’s 

performance of its functions, the Bureau 

regularly posts final rules on its Web 

site. Typically on the same day, the 

Bureau will submit the document to the 

Office of the Federal Register. After a 

period of time that depends on the 

length of the document and other 

factors, the Office of the Federal Register 

will then make the document available 

for public inspection and then publish 

it in the Federal Register. The Bureau 

does not believe that delaying issuance 

until the rule is published in the 

Federal Register is necessary or in the 

public interest. Accordingly, today’s 

rule provides that when a final rule 4 is 

posted on the Bureau’s Web site before 

it is published in the Federal Register, 

the posting on the Web site shall 

constitute the official issuance of the 

rule. 

Clarifying what constitutes issuance 

of a rule is beneficial because in some 

cases the date of issuance of a rule has 

legal consequences.5 For example, 

under section 1400(c)(3) of the DoddFrank Act, certain provisions of title 

XIV will go into effect on the date that 

is 18 months after the designated 

transfer date,6 unless relevant 

regulations are ‘‘issued’’ by that date. 

Given the Bureau’s practice of posting 

rules on its Web site before the Office 

of the Federal Register makes the rules 

available for public inspection or 

publishes the rules in the Federal 

Register, uncertainty could arise 

regarding the date on which such rules 

were issued. The Final Rule eliminates 

uncertainty by clarifying when the 

Bureau’s rules are deemed issued. 

The Bureau generally intends to issue 

rules by posting them on its Web site, 

but, as a precaution, the Final Rule 

provides that a rule will be considered 

issued upon publication in the Federal 

Register if by inadvertence or for some 

other reason the rule is not posted on 

the Web site or is published in the 

Federal Register before it is posted on 

the Web site. 

II. Legal Authority and Effective Date 

Section 1022(b) of the Dodd-Frank 

Act authorizes the Bureau to prescribe 

rules as may be necessary and 

appropriate to enable the Bureau to 

administer and carry out the purposes 

and objectives of the Federal consumer 

financial laws, and to prevent evasions 

of those laws. In addition, section 

1012(a) of the Dodd-Frank Act 

authorizes the Bureau ‘‘to establish the 

general policies of the Bureau with 

respect to all executive and 

administrative functions, including—(1) 

the establishment of rules for 

conducting the general business of the 

Bureau, in a manner not inconsistent 

with this title * * * .’’ 

The Final Rule is procedural and not 

substantive and, thus, is not subject to 

the 30-day delay in effective date 

required by 5 U.S.C. 553(d). The Bureau 

is making the Final Rule effective 

immediately upon publication in the 

Federal Register. 

III. Section 1022(b)(2) of the DoddFrank Act 

In developing the Final Rule, the 

Bureau has considered the potential 

benefits, costs, and impacts, and the 

Bureau has consulted or offered to 

consult with the prudential regulators 

and the Federal Trade Commission, 

including with regard to consistency 

with any prudential, market, or systemic 

objectives administered by such 

agencies.7

Certainty about the timing of issuance 

of the Bureau’s rules will likely benefit 

consumers and covered persons. The 

Bureau is not aware of costs to 

consumers or covered persons, 

including the potential reduction of 

access by consumers to consumer 

financial products or services, that can 

be predicted to result from treating rules 

as issued when the Bureau has posted 

them on its Web site. 

Further, the Bureau is not aware of 

any unique impact the Final Rule might 

have on insured depository institutions 

or insured credit unions with total 

assets of $10 billion or less as described 

in section 1026(a) of the Dodd-Frank 

Act, or on rural consumers. 

IV. Regulatory Requirements 

The Final Rule relates solely to 

agency procedure and practice and, 

thus, is not subject to the notice and 

comment requirements of the 

Administrative Procedure Act, 5 U.S.C. 

553(b). Because no notice of proposed 

rulemaking is required, this rule does 

not require an initial or a final 

regulatory flexibility analysis pursuant 

to the Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq. 

List of Subjects in 12 CFR Part 1074 

Administrative practice and 

procedure. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau adds part 1074 to 

Chapter X in Title 12 of the Code of 

Federal Regulations to read as follows: 

PART 1074—PROCEDURE RELATING 

TO RULEMAKING 

Sec. 

§ 1074.1 Date of issuance of Bureau rules. 

Authority: 12 U.S.C. 5492(a)(1), 5512(b). 

§ 1074.1 Date of issuance of Bureau rules. 

■ A final Bureau of Consumer Financial 

Protection (Bureau) rule is deemed 

issued upon the earlier of the following: 

(a) When the final rule is posted on 

the Bureau’s Web site; or 

(b) When the final rule is published 

in the Federal Register. 

Dated: December 21, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–31310 Filed 12–27–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Parts 19 and 109 

[Docket ID OCC–2012–0011] 

RIN 1557–AD61 

Rules of Practice and Procedure; 

Rules of Practice and Procedure in 

Adjudicatory Proceedings; Civil Money 

Penalty Inflation Adjustments 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 


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