Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-01-29.xml --- 78 19 Tuesday, January 29, 2013 Contents Agriculture Agriculture Department See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6065 2013-01790 Army Army Department See Engineers Corps Consumer Financial Protection Bureau of Consumer Financial Protection RULES Electronic Fund Transfers (Regulation E); Temporary Delay of Effective Date, 6025-6027 2013-01595 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6074-6077 2013-01439 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6109-6111 2013-01770 Coast Guard Coast Guard RULES Safety Zones: MODU KULLUK; Sitkalidak Island to Kiliuda Bay, AK, 6033-6035 2013-01794 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6066 2013-01741 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6074 2013-01724 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6174-6176 2013-01765 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Country Exposure Report (FFIEC 009) and Country Exposure Information Report (FFIEC 009a), 6176-6179 2013-01816 Defense Department Defense Department See Engineers Corps RULES Federal Acquisition Regulations:

Systems of Records, 6077-6079 2013-01791 2013-01792 2013-01795 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Alkermes Gainesville, LLC, 6132 2013-01837 Mylan Technologies, Inc., 6131-6132 2013-01835 Economic Analysis Bureau Economic Analysis Bureau NOTICES Quarterly Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons, 6066-6067 2013-01842 Survey of U.S. Airline Operators' Foreign Revenues and Expenses, 6067-6068 2013-01845 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Performance Report for the Gaining Early Awareness for Undergraduate Programs, 6082 2013-01856 Loan Cancellation in the Federal Perkins Loan Program, 6082-6083 2013-01859 Mathematics and Science Partnerships Program; Annual Performance Report, 6080-6081 2013-01755 National Student Loan Data System, 6081 2013-01763 Student Assistance General Provisions - Financial Assistance for Students with Intellectual Disabilities, 6080 2013-01861 Applications for New Awards:

Indian Education Formula Grants to Local Educational Agencies, 6083-6086 2013-01722 Employee Benefits Employee Benefits Security Administration NOTICES Delinquent Filer Voluntary Compliance Program, 6135-6140 2013-01616 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings: Advanced Scientific Computing Advisory Committee, 6087-6088 2013-01838 Basic Energy Sciences Advisory Committee, 6088 2013-01836 Biological and Environmental Research Advisory Committee, 6087 2013-01807 Hydrogen and Fuel Cell Technical Advisory Committee, 6086-6087 2013-01805 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings:

State Energy Advisory Board, 6088 2013-01806 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Sediment Dredging Activities at John Redmond Dam and Reservoir, KS, 6079-6080 2013-01723 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans; Approvals and Promulgations: Ohio and Indiana; Cincinnati-Hamilton; Motor Vehicle Emissions Budgets; Revisions, 6035-6041 2013-01733 PROPOSED RULES Air Quality Implementation Plans;

Approvals and Promulgations: Ohio and Indiana; Cincinnati-Hamilton; Motor Vehicle Emissions Budgets; Revisions, 6064 2013-01726 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Brownfields Program - Accomplishment Reporting, 6092-6094 2013-01829 Emission Guidelines for Large Municipal Waste Combustors Constructed on or before September 20, 1994, 6095-6096 2013-01802 ENERGY STAR Program in the Commercial and Industrial Sectors, 6094-6095 2013-01798 NESHAP for Area Sources:

Asphalt Processing and Asphalt Roofing Manufacturing, 6091-6092 2013-01831 NESHAP for Miscellaneous Organic Chemical Manufacturing, 6096-6097 2013-01828 NESHAP for Paints and Allied Products Manufacturing Area Source Category, 6097-6098 2013-01830 NSPS for Coal Preparation and Processing Plants, 6098-6099 2013-01797 Executive Office of the President See Management and Budget Office See National Drug Control Policy Office Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6099-6105 2013-01766 2013-01767 2013-01768 2013-01769 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6174-6176 2013-01765 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Country Exposure Report (FFIEC 009) and Country Exposure Information Report (FFIEC 009a), 6176-6179 2013-01816 Updated Listing of Financial Institutions in Liquidation, 6105-6106 2013-01725 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Transcontinental Gas Pipe Line Co., LLC, 6089 2013-01773 Combined Filings, 6089-6091 2013-01753 2013-01754 Membership of Performance Review Board for Senior Executives, 6091 2013-01772 Supplements to Facilities Surcharge Settlements: Enbridge Energy, LP, 6091 2013-01774 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Availability of Non-Public Information, 6042-6044 2013-01427 Information Sharing Among Federal Home Loan Banks, 6045-6056 2013-01428 Federal Housing Finance Board Federal Housing Finance Board PROPOSED RULES Availability of Non-Public Information, 6042-6044 2013-01427 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6106-6108 2013-01735 2013-01827 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Country Exposure Report (FFIEC 009) and Country Exposure Information Report (FFIEC 009a), 6176-6179 2013-01816 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act: Correction, 6108-6109 2013-01965 Food and Drug Food and Drug Administration PROPOSED RULES Smokeless Tobacco Product Warning Statements:

Request for Comments and Scientific Evidence, 6056 2013-01626 NOTICES Statement of Organization, Functions, and Delegations of Authority, 6111-6112 2013-01815 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Property: Designation of Individuals Contributing to the Conflict in the Democratic Republic of Congo, 6180 2013-01854 One Specially Designated National and Blocked Person Related to Burma, 6179-6180 2013-01855 General Services General Services Administration RULES Federal Acquisition Regulations:

Extension of Sunset Date for Protests of Task and Delivery Orders, 6187-6188 2013-01747 Federal Acquisition Circular 2005-65; Introduction, 6184-6185 2013-01740 Federal Acquisition Circular 2005-65; Small Entity Compliance Guide, 6192-6193 2013-01752 Free Trade Agreement—Colombia, 6188-6189 2013-01748 Prohibition on Contracting with Inverted Domestic Corporations, 6185-6187 2013-01745 Technical Amendments, 6191-6192 2013-01751 Unallowability of Costs Associated with Foreign Contractor Excise Tax, 6189-6191 2013-01750 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health NOTICES Meetings:

President's Advisory Council on Faith-based and Neighborhood Partnerships, 6109 2013-01844 Health Resources Health Resources and Services Administration NOTICES Message Library to Advance Understanding about Toddler and Preschool Nutrition and Physical Activity, 6112-6113 2013-01728 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Indian Health Indian Health Service See Indian Health Service NOTICES Single Source Cooperative Agreements;

Funding Availability: Office of Clinical and Preventive Services - Indigenous Child Health; Strong Communities, Healthy Children, 6113-6119 2013-01876 Interior Interior Department See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service PROPOSED RULES Designation of Payor as Agent to Perform Acts Required of an Employer, 6056-6062 2013-01857 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6180-6181 2013-01846 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Interim Procedures for Considering Requests under Commercial Availability Provision of U.S.-Peru Trade Promotion Agreement, 6068-6069 2013-01732 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Laminated Woven Sacks from the People's Republic of China, 6069-6070 2013-01847 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings: Certain Electronic Digital Media Devices and Components Thereof, 6130-6131 2013-01771 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decrees under CERCLA, 6131 2013-01761 Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6132-6133 2013-01739 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fire Protection in Underground Coal Mines, 6133-6134 2013-01738 Unemployment Compensation for Ex-Servicemembers, 6134-6135 2013-01850 Management Management and Budget Office NOTICES Discount Rates for Cost-Effectiveness Analysis of Federal Programs, 6140-6141 2013-01843 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations:

Extension of Sunset Date for Protests of Task and Delivery Orders, 6187-6188 2013-01747 Federal Acquisition Circular 2005-65; Introduction, 6184-6185 2013-01740 Federal Acquisition Circular 2005-65; Small Entity Compliance Guide, 6192-6193 2013-01752 Free Trade Agreement—Colombia, 6188-6189 2013-01748 Prohibition on Contracting with Inverted Domestic Corporations, 6185-6187 2013-01745 Technical Amendments, 6191-6192 2013-01751 Unallowability of Costs Associated with Foreign Contractor Excise Tax, 6189-6191 2013-01750 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6174-6176 2013-01765 National Drug National Drug Control Policy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6141 2013-01762 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6119-6120 2013-01851 Government-Owned Inventions; Availability for Licensing, 6120-6121 2013-01789 Meetings: Center for Scientific Review, 6125-6128 2013-01785 2013-01786 2013-01788 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 6127 2013-01779 National Heart, Lung, and Blood Institute, 6122, 6127 2013-01775 2013-01777 National Institute of Allergy and Infectious Diseases, 6126 2013-01776 National Institute of Biomedical Imaging and Bioengineering, 6126 2013-01778 National Institute of Diabetes and Digestive and Kidney Diseases, 6122-6124 2013-01780 2013-01782 National Institute of Mental Health, 6124-6125 2013-01787 National Institute on Drug Abuse, 6122-6123, 6126 2013-01781 2013-01783 Office of the Director, 6124 2013-01784 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Marine Recreational Information Program Longitudinal Survey of Recreational Fishing Participation, 6070-6071 2013-01743 Northwest Region Federal Fisheries Permits, 6071-6072 2013-01744 Meetings: Mid-Atlantic Fishery Management Council, 6072 2013-01853 Permits: Endangered Species; File No. 17095-01, 6072-6073 2013-01852 National Park National Park Service NOTICES Meetings: Flight 93 Advisory Commission, 6129-6130 2013-01729 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6141-6142 2013-01760 Antarctic Conservation Act Permits, 6142 2013-01803 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 6142 2013-01973 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined Licenses; Applications and Amendments: Virgil C. Summer Nuclear Station, Units 2 and 3, 6145-6148 2013-01832 Vogtle Electric Generating Plant, Units 3 and 4, 6142-6145 2013-01823 Interim Staff Guidance:

Assessing Radiological Consequences of Accidental Releases of Radioactive Materials from Liquid Waste Tanks, etc., 6149-6150 2013-01834 Meetings; Sunshine Act, 6150 2013-01985 Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6073 2013-01736 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6150-6152 2013-01799 2013-01801 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6065-6066 2013-01878 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 6152 2013-01960 Self-Regulatory Organizations; Proposed Rule Changes: Miami International Securities Exchange LLC, 6155-6160 2013-01841 NASDAQ Stock Market LLC, 6154-6155 2013-01810 New York Stock Exchange LLC, 6160-6161 2013-01839 NYSE Arca, Inc., 6161-6167 2013-01811 NYSE MKT LLC, 6152-6154 2013-01840 Trading Suspension Orders: Largo Vista Group, Ltd., et al., 6167 2013-01964 Law Enforcement Associates Corp., et al., 6167-6168 2013-01963 Medis Technologies Ltd., et al., 6167 2013-01962 Social Social Security Administration NOTICES Service Contract Inventory;

Fiscal Year 2012, 6168 2013-01826 Social Security Rulings: Processes for Addressing Allegations of Unfairness, etc., by Administrative Law Judges, 6168-6171 2013-01833 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: INTERNational Connections, 6171-6172 2013-01883 Specially Designated Global Terrorists: Ahmed Abdullah Saleh al-Khazmari al-Zahrani, a.k.a. Abu Maryam al-Saudi, a.k.a. Ahmed Abdullah S al-Zahrani, etc., 6172 2013-01882 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES North Dakota Regulatory Program, 6062-6064 2013-01873 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6130 2013-01865 Surface Transportation Surface Transportation Board NOTICES Petitions for Declaratory Orders: Diana Del Grosso, Ray Smith, Joseph Hatch, et al., 6173 2013-01800 Transportation Department Transportation Department See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6173-6174 2013-01793 2013-01814 Customs U.S.

Customs and Border Protection RULES Internet Publication of Administrative Seizure and Forfeiture Notices, 6027-6033 2013-01757 NOTICES Accreditation of Commercial Laboratories: R. Markey and Sons, Inc., Markan Laboratories, 6128 2013-01887 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accreditation of Commercial Testing Laboratories and Approval of Commercial Gaugers, 6128-6129 2013-01886 Approval of Commercial Gaugers: Petrospect, Inc., 6129 2013-01888 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fully Developed Claims; Applications for Compensation, Pension, etc., 6181 2013-01812 Separate Parts In This Issue Part II Defense Department, 6184-6193 2013-01747 2013-01740 2013-01752 2013-01748 2013-01745 2013-01751 2013-01750 General Services Administration, 6184-6193 2013-01747 2013-01740 2013-01752 2013-01748 2013-01745 2013-01751 2013-01750 National Aeronautics and Space Administration, 6184-6193 2013-01747 2013-01740 2013-01752 2013-01748 2013-01745 2013-01751 2013-01750 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 19 Tuesday, January 29, 2013 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1005 [Docket No. CFPB-2012-0050] RIN 3170-AA33 Electronic Fund Transfers (Regulation E) Temporary Delay of Effective Date AGENCY:

Bureau of Consumer Financial Protection. ACTION: Final rule. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule to delay the February 7, 2013, effective date of final rules published by the Bureau on February 7, 2012, and August 20, 2012 (collectively, 2012 Final Rule), that amend Regulation E, which implements the Electronic Fund Transfer Act (EFTA). The 2012 Final Rule implements statutory requirements set forth in section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) regarding remittance transfers.

The Bureau is delaying the effective date of the 2012 Final Rule pending the finalization of a proposal, published on December 31, 2012 (December 2012 Proposal), that would address three narrow issues in the 2012 Final Rule. The Bureau will determine the new effective date when it finalizes the December 2012 Proposal. DATES: The effective date of the Final Rules published February 7, 2012 (77 FR 6194) and August 20, 2012 (77 FR 50244) and technical correction published July 10, 2012 (77 FR 40459) is delayed.

The Bureau will publish a document in the **Federal Register** announcing the new effective date. FOR FURTHER INFORMATION CONTACT: Eric Goldberg or Lauren Weldon, Counsels, or Dana Miller, Senior Counsel, Division of Research, Markets, and Regulations, Bureau of Consumer Financial Protection, 1700 G Street NW., Washington, DC 20552, at

(202)435-7700. SUPPLEMENTARY INFORMATION: I. Overview Section 1073 of the Dodd-Frank Act 1 amended the EFTA 2 to create a new comprehensive consumer protection regime for remittance transfers sent by consumers in the United States to individuals and businesses in foreign countries. For covered transactions sent by remittance transfer providers, section 1073 creates a new EFTA section 919, and generally requires:

(i)The provision of disclosures prior to and at the time of payment by the sender for the transfer;

(ii)cancellation and refund rights;

(iii)the investigation and remedy of errors by providers; and

(iv)liability standards for providers for the acts of their agents. 1 Public Law 111-203, 124 Stat. 1376, section 1073 (2010). 2 15 U.S.C. 1693 *et seq.* EFTA section 919 is codified in 15 U.S.C. 1693o-1. On February 7, 2012, the Bureau published a final rule to implement section 1073 of the Dodd-Frank Act. 77 FR 6194 (February Final Rule). 3 On August 20, 2012, the Bureau published a supplemental rule adopting a safe harbor for determining which companies are not remittance transfer providers subject to the February Final Rule because they do not provide remittance transfers in the normal course of business, and modifying several aspects of the February Final Rule regarding remittance transfers that are scheduled before the date of transfer. 77 FR 50244. The 2012 Final Rule adopted an effective date of February 7, 2013. In the February Final Rule, the Bureau stated that it would continue to monitor implementation of the new statutory and regulatory requirements. The Bureau has subsequently engaged in dialogue with both industry and consumer groups regarding implementation efforts and compliance concerns. 3 A technical correction to the February Final Rule was published on July 10, 2012. 77 FR 40459. For simplicity, that technical correction is incorporated into the term “February Final Rule.” Upon further review and analysis of these concerns, the Bureau published the December 2012 Proposal to refine several narrow aspects of the 2012 Final Rule. 77 FR 77188 (Dec. 31, 2012). The Bureau also proposed to extend the 2012 Final Rule's effective date until 90 days after the finalization of the December 2012 Proposal. The comment period on both the proposed substantive changes and the new effective date of the 2012 Final Rule closes on January 30, 2013. 4 The Bureau intends to finalize the proposal expeditiously following the close of this comment period. 4 Details on how to submit a comment on both the substantive changes in the proposal and the new effective date of the Final Rule, are available at 77 FR 77188 (Dec. 31, 2012) or at *https://www.federalregister.gov/articles/2012/12/31/2012-31170/electronic-fund-transfers-regulation-e.* Comments must be submitted on or before January 30, 2013. Given the impending February 7, 2013 effective date of the 2012 Final Rule, the Bureau simultaneously solicited comment on whether it should temporarily delay the effective date pending finalization of the December 2012 Proposal. The comment period on this narrow aspect of the December 2012 Proposal closed on January 15, 2013. II. Overview of Comments and Outreach The Bureau received approximately 43 comments on its December 2012 Proposal to delay the effective date of the 2012 Final Rule beyond February 7, 2013. Commenters generally supported, or did not oppose, the temporary delay. All commenters that addressed the effective date either directly expressed support for or did not object to the proposed delay or indirectly supported the proposed delay by addressing the December 2012 Proposal's 90-day proposed extension. III. Summary of the Final Rule Based on comments received, the Bureau is temporarily delaying the effective date for the 2012 Final Rule pending finalization of the December 2012 Proposal. The new effective date will be determined when the substantive refinements to the December 2012 Proposal are finalized. The new effective date will be after February 7, 2013. As noted above, the Bureau proposed that the 2012 Final Rule and any revisions resulting from the December 2012 Proposal would become effective 90 days after the Bureau finalizes the proposal. IV. Status of the Bureau's Remittance Rule Safe Harbor Countries List On September 26, 2012, the Bureau issued a safe harbor list of countries that qualify for an exception in the 2012 Final Rule that permits estimated disclosures of certain figures where the laws of the recipient country do not permit a determination of the exact amounts. 5 In that issuance, the Bureau explained that it would not remove countries from the list before May 1, 2013. In light of the temporary delay of the effective date of the 2012 Final Rule, the Bureau will reassess the earliest date on which, if necessary, countries may be removed from the list in connection with the finalization of the December 2012 Proposal, although that date will not be before May 1, 2013. 5 See *http://files.consumerfinance.gov/f/201209_CFPB_Remittance-Rule-Safe-Harbor-Countries-List.pdf* (Sept. 26, 2012). In the meantime, the Bureau continues to welcome input on possible amendments to the list. The Bureau's September 26, 2012 issuance on the safe harbor list of countries contains details on how to submit this feedback. V. Legal Authority and Effective Date Section 1073 of the Dodd-Frank Act creates a new section 919 of the EFTA and requires remittance transfer providers to provide disclosures to senders of remittance transfers, pursuant to rules prescribed by the Bureau. In particular, providers must give a sender a written pre-payment disclosure containing specified information applicable to the sender's remittance transfer. The provider must also provide a written receipt that includes the information provided on the pre-payment disclosure, as well as additional specified information. EFTA section 919(a). In addition, EFTA section 919(d) directs the Bureau to promulgate rules regarding appropriate cancellation and refund policies and to investigate and remedy errors by providers. In addition to the statutory mandates set forth in the Dodd-Frank Act, EFTA section 904(a) authorizes the Bureau to prescribe regulations necessary to carry out the purposes of the title. The express purposes of the EFTA, as amended by the Dodd-Frank Act, are to establish “the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems” and to provide “individual consumer rights.” EFTA section 902(b). EFTA section 904(c) further provides that regulations prescribed by the Bureau may contain any classifications, differentiations, or other provisions, and may provide for such adjustments or exceptions for any class of electronic fund transfers or remittance transfers, that the Bureau deems necessary or proper to effectuate the purposes of the title, to prevent circumvention or evasion, or to facilitate compliance. This final rule will be effective on the date of publication in the **Federal Register** . Under section 553(d) of the Administrative Procedure Act (APA), the required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except for

(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;

(2)interpretative rules and statements of policy; or

(3)as otherwise provided by the agency for good cause found and published with the rule. 5 U.S.C. 553(d). This final rule does not establish any requirements but rather delays the effective date of the 2012 Final Rule pending the finalization of the December 2012 Proposal. Therefore, under section 553(d)(1) of the APA, the Bureau is publishing this final rule less than 30 days before its effective date because it is a substantive rule which grants or recognizes an exemption or relieves a restriction. 5 U.S.C. 553(d)(1). The Bureau further finds it has good cause pursuant to section 553(d)(3) of the APA to dispense with the 30-day delayed effective date requirement because, on balance, the need to implement immediately the delay of the 2012 Final Rule's February 7, 2013 effective date before that date occurs outweighs the need for affected parties to prepare for this delay. VI. Section 1022(b)(2) of the Dodd-Frank Act Section V of the December 2012 Proposal contained the Bureau's preliminary analysis under section 1022(b)(2) of the Dodd-Frank Act of the potential costs of the December 2012 Proposal to consumers and covered persons (as defined in Dodd-Frank Act section 1002(6), 12 U.S.C. 5481(6)). In the final portion of that section, the Bureau addressed the impact of the proposed delay of the effective date on covered persons and consumers. *See* Section V.3. of the December 2012 Proposal. In the proposal, the Bureau stated that the temporary delay of the 2012 Final Rule's effective date would generally benefit remittance transfer providers by delaying the start of any ongoing compliance costs. The additional time might also enable providers (and their vendors) to build solutions that cost less than those that might otherwise have been possible. The Bureau also recognized that the proposed temporary delay of the effective date would impose some costs on senders by temporarily delaying the time when they would receive the benefits of Dodd-Frank section 1073 and the 2012 Final Rule from February 7, 2013 to the ultimate effective date. Thus, consumers at most will only lose benefits from Dodd-Frank section 1073 that would have accrued during the length of the temporary delay. (As noted above, the Bureau has not yet determined when the 2012 Final Rule will take effect but has proposed that it would become effective 90 days after the Bureau finalizes the December 2012 Proposal.) The Bureau also noted that senders may benefit from the temporary delay to the extent that both the proposed refinements and the additional time providers have to implement the 2012 Final Rule may eliminate any disruptions in the provision of remittance transfer services. Further, the Bureau is not aware of any unique impact that this 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. VII. Regulatory Flexibility Act Analysis The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires each agency to consider the potential impact of its regulations on small entities, including small businesses, small governmental units, and small not-for-profit organizations. The 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. The Bureau did not perform an IFRA because it determined and certified that the December 2012 Proposal, if adopted, would not have a significant economic impact on a substantial number of small entities. The Bureau did not receive any comments regarding its certification of the delayed effective date proposed in the December 2012 Proposal, and is adopting that aspect of the December 2012 Proposal without change. A FRFA is not required for this final rule because it will not have a significant economic impact on a substantial number of small entities. This final rule will temporarily delay the February 7, 2013 effective date of the 2012 Final Rule, pending the finalization of the December 2012 Proposal that would address three narrow issues in the 2012 Final Rule. The Bureau will determine the new effective date when it finalizes the December 2012 Proposal. The delay in effective date will generally benefit small remittance transfer providers, by delaying the start of any ongoing compliance costs. The additional time might also enable providers (and their vendors) to build solutions that cost less than those that might otherwise have been possible. Accordingly, the undersigned hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. VIII. Paperwork Reduction Act Analysis The Bureau may not conduct or sponsor, and, notwithstanding any other provision of law, a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The Bureau determined that the December 2012 Proposal's proposed delay of the effective date of the 2012 Final Rule does not impose any new recordkeeping, reporting, or disclosure requirements on covered persons or members of the public that would be collections of information requiring OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501, *et seq.* The Bureau did not receive any comments regarding this conclusion, to which the Bureau adheres. List of Subjects in 12 CFR Part 1005 Banking, banks, Consumer protection, Credit unions, Electronic fund transfers, National banks, Remittance transfers, Reporting and recordkeeping requirements, Savings associations. Dated: January 19, 2013. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2013-01595 Filed 1-25-13; 4:15 pm]

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