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 statutoryrequirements 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 RegulationE, 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**


### 40460 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40461 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40462 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40463 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40464 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40465 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40466 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40467 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40468 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40469 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40470 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40471 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40472 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40473 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40474 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40475 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40476 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40477 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations


### 40478 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations

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