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

40459 

Vol. 77, No. 132 

Tuesday, July 10, 2012 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1005 

[Docket No. CFPB–2011–0009] 

RIN 3170–AA15 

Electronic Fund Transfers (Regulation 

E); Correction 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule; official 

interpretation; correction. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is 

correcting a final rule with an official 

interpretation (Final Rule) that appeared 

in the Federal Register of February 7, 

2012. The Final Rule provides new 

protections, including disclosures and 

error resolution and cancellation rights, 

to consumers who send remittance 

transfers to other consumers or 

businesses in a foreign country. The 

Final Rule inadvertently did not reflect 

certain technical and conforming 

changes made by the interim final rule 

published on December 27, 2011. The 

Final Rule also contained a technical 

error in the formatting of certain model 

forms. This document corrects the error 

and the formatting of the model forms. 

DATES: These corrections are effective 

February 7, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Shin or Krista Ayoub, Senior 

Counsels, Division of Research, Markets, 

and Regulations, Bureau of Consumer 

Financial Protection, 1700 G Street NW., 

Washington, DC 20552, at (202) 435– 

7000. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

On Tuesday, February 7, 2012, the 

Bureau published the Final Rule (77 FR 

6194), which implements the Electronic 

Fund Transfer Act, and the official 

interpretation to the regulation, which 

interprets the requirements of 

Regulation E. The Final Rule provides 

new protections, including disclosures 

and error resolution and cancellation 

rights, to consumers who send 

remittance transfers to other consumers 

or businesses in a foreign country. The 

amendments implement statutory 

requirements set forth in the DoddFrank Wall Street Reform and Consumer 

Protection Act. 

The Final Rule inadvertently did not 

reflect certain technical and conforming 

changes made to § 1005.3(a) in the 

interim final rule published on 

December 27, 2011 (76 FR 81020). The 

interim final rule substantially 

duplicated the Board of Governors of 

the Federal Reserve System’s Regulation 

E, and made only certain nonsubstantive, technical, and stylistic 

changes necessary to reflect the transfer 

of authority to the Bureau. This 

correction will remove the amendment 

the Final Rule made to § 1005.3(a) of the 

interim final rule. 

The Final Rule also contained a 

technical error in the formatting of 

certain model forms. Instead of each 

form being published on separate pages, 

certain forms were published in the 

standard three-column format. To 

correct this error, this document 

republishes the model forms as full-page 

versions. 

II. Basis for the Corrections 

The Bureau is publishing this 

technical correction as a final rule that 

will be effective on the same date as the 

Final Rule. The Bureau finds that there 

is good cause to publish this Final Rule 

without seeking public comment. See 5 

U.S.C. 553(b)(B). Public comment is 

unnecessary because the rule corrects 

inadvertent, technical errors about 

which there is minimal, if any, basis for 

substantive disagreement. In addition, 

the Final Rule restores changes made to 

§ 1005.3(a) in the interim final rule, 

Electronic Fund Transfers (Regulation 

E), published on December 27, 2011 (76 

FR 81020) for which the Bureau found 

good cause to conclude that providing 

notice and opportunity for comment 

would have been unnecessary and 

contrary to the public interest but for 

which the Bureau nevertheless 

requested public comment. 

In FR Doc. 2012–1728 appearing on 

page 6194 in the Federal Register on 

Tuesday, February 7, 2012, the 

following corrections are made: 

■ 1. On page 6285, in the second 

column, in Subpart A, § 1005.3(a) is 

corrected to read as follows: 

§ 1005.3 Coverage. 

(a) General. This part applies to any 

electronic fund transfer that authorizes 

a financial institution to debit or credit 

a consumer’s account. Generally, this 

part applies to financial institutions. For 

purposes of §§ 1005.3(b)(2) and (3), 

1005.10(b), (d), and (e), 1005.13, and 

1005.20, this part applies to any person, 

other than a person excluded from 

coverage of this part by section 1029 of 

the Consumer Financial Protection Act 

of 2010, Title X of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act, Pub. L. 111–203, 124 Stat. 1376. 

The requirements of subpart B apply to 

remittance transfer providers. 

* * * * * 

■ 2. On page 6290 through 6297, in 

Appendix A to Part 1005, Model Forms 

A–30 through A–41 are corrected to 

read as follows: 

Appendix A to Part 1005—Model 

Disclosure Clauses and Forms 

BILLING CODE 4810–AM–P 


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Dated: June 26, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–16245 Filed 7–9–12; 8:45 am] 

BILLING CODE 4810–AM–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 1 

[Docket No. FAA–2012–0019; Amdt. No. 1– 

67] 

RIN 2120– AK03 

Removal of Category IIIa, IIIb, and IIIc 

Definitions; Confirmation of Effective 

Date and Response to Public 

Comments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date and response to public 

comments. 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published on February 16, 2012 (77 FR 

9163), and responds to the comments 

received on that direct final rule. In that 

document, the FAA proposed to remove 

the definitions of Category IIIa, IIIb, and 

IIIc operations because the definitions 

are outdated and no longer used for 

aircraft certification or operational 

authorization. 

DATES: The direct final rule published 

on February 16, 2012 (77 FR 9163), and 

delayed on April 13, 2012 (77 FR 

22186), became effective on June 12, 

2012. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Bryant Welch, Flight 

Technologies and Procedures Division, 

Flight Operations Branch, AFS–410, 

Federal Aviation Administration, 470 

L’Enfant Plaza, Suite 4102, Washington, 

DC 20024; telephone (202) 385–4539; 

email bryant.welch@faa.gov. 

For legal questions concerning this 

action, contact Nancy Sanchez, Office of 

the Chief Counsel, Regulations Division, 

AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email nancy.

sanchez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 7, 2012, the FAA issued 

Amendment No. 1–67, entitled 

‘‘Removal of Category IIIa, IIIb, and IIIc 

Definitions’’ (77 FR 9163). The direct 

final rule removes the definitions of 

Category IIIa, IIIb, and IIIc operations. 

The definitions are outdated because 

they are no longer used for aircraft 

certification or operational 

authorization. Removing the definitions 

will aid in international harmonization 

efforts, future landing minima 

reductions, and airspace system 

capacity improvements due to the 

implementation of performance based 

operations. The FAA requested that 

comments on that rule be received on or 

before March 19, 2012. 

By letter dated March 16, 2012, the 

International Civil Aviation 

Organization (ICAO) requested that the 

FAA consider postponing the effective 

date of the rule until the rule is 

reviewed through an international 

process. ICAO stated that due to the 

short time frame, it was not in the 

position to understand the full 

implications of removing the Category 

IIIa, IIIb, and IIIc definitions. ICAO 

further stated that additional time was 

necessary to adequately assess the 

impact of the Direct Final Rule and 

prepare comments. 

On April 13, 2012, the FAA reopened 

the comment period for the Direct Final 

Rule until May 14, 2012, and delayed 

the effective date from April 16, 2012 to 

June 12, 2012 (77 FR 22186). A direct 

final rule takes effect on the specified 

date unless the FAA receives an adverse 

comment or notice of intent to file an 

adverse comment within the comment 

period. If adverse comments are 

received, the FAA will advise the public 

by publishing a document in the 

Federal Register before the effective 

date of the direct final rule. An adverse 

comment explains why a rule would be 

inappropriate or would be ineffective or 

unacceptable without a change, or may 

challenge the rule’s underlying premise 

or approach. The FAA received eight 

comments on this rule. The FAA does 

not consider these comments to be 

adverse and is therefore publishing this 

Confirmation of Effective Date and 

Response to Public Comments in 

response to those comments. 

Discussion of Comments 

The FAA received eight comments on 

this rule. Six of those comments were 

received during the original comment 

period, and two comments were 

received after the comment period 

reopened. ICAO, Boeing, and five 

individuals commented on this rule. 

On March 16, 2012, ICAO requested 

that the FAA delay the effective date of 

the rule so that it may conduct further 

review of this rulemaking. By letter 

dated May 14, 2012, ICAO submitted a 

follow up comment, stating that it has 

been clarified that ‘‘removal of the 

Category IIIa, IIIb, and IIIc definitions 

from 14 CFR part 1 will not impact 

relevant operational documents such as 

advisory circulars.’’ Additionally, ICAO 

further stated that ‘‘this initiative would 

have no impact on the recognition of 

any CAT III a, b, or c operational 

approval for international operators or 

United States-issued operational 

approvals which conform to Annex 6— 

Operation of Aircraft. On this basis, the 

International Civil Aviation 

Organization has no objection to the 

change * * *’’ 

Two individual commenters 

expressed support for this rulemaking. 

Boeing and three individual 

commenters expressed concern about 

various aspects of this rulemaking. 

Boeing submitted a comment during the 

original comment period. It stated that 

‘‘[w]ithout additional guidance, the 

removal of these categories’ definitions 

will create confusion and 

inconsistencies in the establishment of 

operational authorizations, and leave 

subject to individual interpretation the 

low weather minima capabilities of the 

combined ground, space, and airborne 

systems.’’ Boeing also noted that this 

rulemaking will require corresponding 

changes to other FAA regulations, 

orders and advisory circulars and will 

have substantial international 

ramifications. Additionally, Boeing 

suggested that ‘‘the public be given the 

opportunity to review the proposed 

changes in their entirety and comment 

via the Notice of Proposed Rulemaking 

(NPRM) process.’’ Boeing did not 

submit an additional comment during 

the reopened comment period. 

Several individual commenters 

expressed similar concerns. One 

commenter stated that ‘‘[a] unilateral 

change of these standards by the United 

States will negate the current global 

harmony of these landing definitions, 

and compel international flight crews to 

train and operate differently in the 

United States versus the rest of the 

world.’’ This commenter further stated 

that ‘‘* * * these changes should not be 

allowed to become effective until ICAO 

has changed the internationally 

recognized standard definitions, and all 

member states have concurred * * *’’ 

Two anonymous commenters submitted 

nearly identical comments and stated 

that ‘‘[t]he proposed definition 


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