80_FR_78296 80 FR 78056 - Semiannual Regulatory Agenda

80 FR 78056 - Semiannual Regulatory Agenda

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range78056-78060
FR Document2015-30668

The Bureau of Consumer Financial Protection (CFPB or Bureau) is publishing this agenda as part of the Fall 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions. The CFPB reasonably anticipates having the regulatory matters identified below under consideration during the period from November 1, 2015, to October 31, 2016. The next agenda will be published in spring 2016 and will update this agenda through spring 2017. Publication of this agenda is in accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 78056-78060]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30668]



[[Page 78055]]

Vol. 80

Tuesday,

No. 240

December 15, 2015

Part XXII





Bureau of Consumer Financial Protection





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Semiannual Regulatory Agenda

Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 / 
Unified Agenda

[[Page 78056]]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR CH. X


Semiannual Regulatory Agenda

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Bureau of Consumer Financial Protection (CFPB or Bureau) 
is publishing this agenda as part of the Fall 2015 Unified Agenda of 
Federal Regulatory and Deregulatory Actions. The CFPB reasonably 
anticipates having the regulatory matters identified below under 
consideration during the period from November 1, 2015, to October 31, 
2016. The next agenda will be published in spring 2016 and will update 
this agenda through spring 2017. Publication of this agenda is in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

DATES: This information is current as of September 18, 2015.

ADDRESSES: Bureau of Consumer Financial Protection, 1700 G Street NW., 
Washington, DC 20552.

FOR FURTHER INFORMATION CONTACT: A staff contact is included for each 
regulatory item listed herein.

SUPPLEMENTARY INFORMATION: The CFPB is publishing its fall 2015 agenda 
as part of the Fall 2015 Unified Agenda of Federal Regulatory and 
Deregulatory Actions, which is coordinated by the Office of Management 
and Budget under Executive Order 12866. The CFPB's participation in the 
Unified Agenda is voluntary. The complete Unified Agenda is available 
to the public at the following Web site: http://www.reginfo.gov.
    Pursuant to the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, Public Law 111-203, 124 Stat. 1376 (Dodd-Frank Act), 
the CFPB has rulemaking, supervisory, enforcement, and other 
authorities relating to consumer financial products and services. These 
authorities include the ability to issue regulations under more than a 
dozen federal consumer financial laws, which transferred to the CFPB 
from seven federal agencies on July 21, 2011. The CFPB is working on a 
wide range of initiatives to address issues in markets for consumer 
financial products and services that are not reflected in this notice 
because the Unified Agenda is limited to rulemaking activities.
    The CFPB reasonably anticipates having the regulatory matters 
identified below under consideration during the period from November 1, 
2015, to October 31, 2016.\1\ Among the Bureau's more significant 
regulatory efforts are the following.
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    \1\ The listing does not include certain routine, frequent, or 
administrative matters. Further, certain of the information fields 
for the listing are not applicable to independent regulatory 
agencies, including the CFPB, and, accordingly, the CFPB has 
indicated responses of ``no'' for such fields.
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Bureau Regulatory Efforts in Various Consumer Markets

    The Bureau is working on a number of rulemakings to address 
important consumer protection issues in a wide variety of markets for 
consumer financial products and services.
    For example, the Bureau is beginning a rulemaking process to follow 
up on a report it issued to Congress in March 2015, concerning the use 
of agreements providing for arbitration of any future dispute between 
covered persons and consumers in connection with the offering or 
providing of consumer financial products or services. The report, which 
was required by the Dodd-Frank Act, expanded on preliminary results of 
arbitration research that had been released by the Bureau in December 
2013. Following release of the report, the CFPB analyzed whether rules 
governing pre-dispute arbitration agreements are warranted, and, if so, 
what types of rules would be appropriate. The Bureau has preliminarily 
determined that it should proceed with a rulemaking regarding pre-
dispute arbitration agreements. To begin the rulemaking process, the 
Bureau intends to convene a panel in fall 2015 under the Small Business 
Regulatory Enforcement Fairness Act and in conjunction with the Office 
of Management and Budget and the Small Business Administration's Chief 
Counsel for Advocacy, to consult with small businesses that may be 
affected by the policy proposals under consideration.
    The Bureau is also considering rules to address consumer harms from 
practices related to payday loans, auto title loans, and other similar 
credit products, including failure to determine whether consumers have 
the ability to repay without default or reborrowing and certain payment 
collection practices. Under the Small Business Regulatory Enforcement 
Fairness Act, the Bureau released in March 2015, an outline of 
proposals under consideration for the rulemaking. As part of Small 
Business Regulatory Enforcement Fairness Act process, in April 2015, 
the Bureau, along with the Office of Management and Budget and the 
Small Business Administration's Chief Counsel for Advocacy, met with 
small lenders that may be affected by the rulemaking to obtain feedback 
on the proposals. This rulemaking builds on Bureau research, including 
a white paper the Bureau published on these products in April 2013, a 
data point providing additional research in March 2014, and ongoing 
analysis. The Bureau expects to issue a notice of proposed rulemaking 
in early 2016 after additional outreach and analysis.
    Building on Bureau research and other sources, the Bureau is also 
engaged in policy analysis and further research initiatives in 
preparation for a rulemaking on overdraft programs on checking 
accounts. The CFPB issued a white paper in June 2013, and a report in 
July 2014, based on supervisory data from several large banks that 
highlighted a number of possible consumer protection concerns, 
including how consumers opt in to overdraft coverage for ATM and one-
time debit card transactions, overdraft coverage limits, transaction 
posting order practices, overdraft and insufficient funds fee 
structure, and involuntary account closures. The CFPB is continuing to 
engage in additional research and has begun consumer testing 
initiatives relating to the opt-in process.
    The Bureau is also engaged in policy analysis and research 
initiatives in preparation for a rulemaking on debt collection 
activities, which are the single largest source of complaints to the 
Federal Government of any industry. Building on the Bureau's November 
2013, Advance Notice of Proposed Rulemaking, the CFPB is in the process 
of analyzing the results of a survey to obtain information from 
consumers about their experiences with debt collection. The Bureau is 
also undertaking consumer testing initiatives to determine what 
information would be useful for consumers to have about debt collection 
and their debts and how that information should be provided to them.
    The Bureau is also working on a final rule to create a 
comprehensive set of consumer protections for prepaid financial 
products, such as general purpose reloadable cards and other similar 
products, which are increasingly being used by consumers in place of 
traditional checking accounts or credit cards. The proposed rule would 
expressly bring prepaid products within the ambit of Regulation E 
(which implements the Electronic Fund Transfer Act) as prepaid accounts 
and create new provisions specific to such accounts. The proposal would 
also amend Regulation E and Regulation Z (which implements the Truth in

[[Page 78057]]

Lending Act) to regulate prepaid accounts with overdraft services or 
credit features. The Bureau's proposed rule on prepaid accounts was 
issued in November 2014, and the Bureau anticipates issuing a final 
rule in spring 2016.
    The Bureau is also continuing rulemaking activities that will 
further establish the Bureau's nonbank supervisory authority by 
defining larger participants of certain markets for consumer financial 
products and services. Larger participants of such markets, as the 
Bureau defines by rule, are subject to the Bureau's supervisory 
authority. On June 30, 2015, the Bureau published in the Federal 
Register a final rule that defines larger participants of a market for 
automobile financing and defines certain automobile leasing activity as 
a financial product or service. The Bureau expects that its next larger 
participant rulemaking will focus on the markets for consumer 
installment loans and vehicle title loans for purposes of supervision. 
The Bureau is also considering whether rules to require registration of 
these or other non-depository lenders would facilitate supervision, as 
has been suggested to the Bureau by both consumer advocates and 
industry groups.
    The Bureau is also continuing to develop research on other critical 
markets to help implement statutory directives and to assess whether 
regulation of other consumer financial products and services may be 
warranted. For example, the Bureau is starting its work to implement 
section 1071 of the Dodd-Frank Act, which amends the Equal Credit 
Opportunity Act to require financial institutions to report information 
concerning credit applications made by women-owned, minority-owned, and 
small businesses. The Bureau will focus on outreach and research to 
develop its understanding of the players, products, and practices in 
the small business lending market and of the potential ways to 
implement section 1071. The CFPB then expects to begin developing 
proposed regulations concerning the data to be collected and 
appropriate procedures, information safeguards, and privacy protections 
for information-gathering under this section.

Implementing Dodd-Frank Act Mortgage Protections

    The Bureau is also continuing efforts to implement critical 
consumer protections under the Dodd-Frank Act to guard against mortgage 
market practices that contributed to the nation's most significant 
financial crisis in several decades. The Bureau has already issued 
regulations implementing Dodd-Frank Act protections for mortgage 
originations and servicing, and integrating various federal mortgage 
disclosures as discussed further below.
    The Bureau is also working to implement Dodd-Frank amendments to 
the Home Mortgage Disclosure Act (HMDA), which augment existing data 
reporting requirements regarding housing-related loans and applications 
for such loans. In addition to obtaining data that is critical to the 
purposes of HMDA--which include providing the public and public 
officials with information that can be used to help determine whether 
financial institutions are serving the housing needs of their 
communities, assisting public officials in the distribution of public 
sector investments, and assisting in identifying possible 
discriminatory lending patterns and enforcing antidiscrimination 
statutes--the Bureau views this rulemaking as an opportunity to 
streamline and modernize HMDA data collection and reporting in 
furtherance of its mission under the Dodd-Frank Act to reduce 
unwarranted regulatory burden. The Bureau published a proposed HMDA 
rule in the Federal Register in August 2014, to add several new 
reporting requirements and to clarify several existing requirements. 
Publication of the proposal followed initial outreach efforts and the 
convening of a panel under the Small Business Regulatory Enforcement 
Fairness Act, in conjunction with the Office of Management and Budget 
and the Small Business Administration's Chief Counsel for Advocacy, to 
consult with small lenders who may be affected by the rulemaking. The 
Bureau expects to issue a final rule in fall 2015 and is continuing to 
coordinate with other agencies and prepare for support of 
implementation efforts.
    The Bureau is also working to support implementation of its final 
rule combining several federal mortgage disclosures that consumers 
receive in connection with applying for and closing on a mortgage loan 
under the Truth in Lending Act (TILA) and the Real Estate Settlement 
Procedures Act (RESPA). The project to integrate and streamline the 
disclosures was mandated under the Dodd-Frank Act. The integrated forms 
are the cornerstone of the Bureau's broader ``Know Before You Owe'' 
mortgage initiative. The final rule was issued in November 2013, and 
takes effect October 3, 2015. The Bureau has worked intensively to 
support implementation efforts, including consumer education 
initiatives. To facilitate implementation, the Bureau has released a 
small entity compliance guide, a guide to forms, a readiness guide, 
sample forms, and additional materials. The Bureau has conducted six 
free, publicly available webinars to answer common questions and hosted 
an additional webinar targeted at housing counselors. In January 2015, 
after extensive outreach to stakeholders, the Bureau adopted two minor 
modifications and technical amendments to the Rule to smooth compliance 
for industry.\2\ After discovering an administrative error in June 
2015, the Bureau issued a proposal to extend the effective date from 
August 1, 2015, to October 3, 2015, and finalized the extension of the 
effective date to October 3, 2015, on July 24, 2015. The Bureau expects 
to continue working to support implementation of the rule, monitor the 
market, and make clarifications and adjustments to the rule where 
warranted.
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    \2\ 80 FR 8767 (Feb. 19, 2015).
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    The Bureau is also working to support the full implementation of, 
and facilitate compliance with, various mortgage-related final rules 
issued by the Bureau in January 2013, to strengthen consumer 
protections involving the origination and servicing of mortgages. These 
rules, implementing requirements under the Dodd-Frank Act, were all 
effective by January 2014. The Bureau is working diligently to monitor 
the market and plans to make clarifications and adjustments to the 
rules where warranted. For example, in order to promote access to 
credit, the Bureau engaged in further research to assess the impact of 
certain provisions implemented under the Dodd-Frank Act that modify 
general requirements for small creditors, including those small 
creditors that operate predominantly in ``rural or underserved'' areas, 
and published a notice of proposed rulemaking in the Federal Register 
in February 2015. The Bureau anticipates issuing a final rule in 
September 2015.
    The Bureau also published a proposal in the Federal Register in 
December 2014, to amend various provisions of its mortgage servicing 
rules in both Regulation X (which implements RESPA) and Regulation Z. 
The proposal included further clarification of the applicability of 
certain provisions when the borrower is in bankruptcy, possible 
additional enhancements to loss mitigation requirements, proposed 
applicability of certain provisions to successors in interest, and 
other topics. As the Bureau develops a final rule, it is reviewing and 
considering public comments on the proposed rule, consulting with other 
agencies, conducting consumer testing of certain

[[Page 78058]]

disclosures, and preparing to support implementation and consumer 
education efforts. The Bureau expects to issue a final rule in late 
spring 2016.

Bureau Long-Term Planning Efforts

    The Bureau has also updated its long-term agenda to reflect its 
expectations beyond fiscal year 2016. As noted in these items, the 
Bureau intends to explore potential rulemakings to address important 
issues related to consumer reporting and student loan servicing. The 
Bureau has also eliminated a listing for certain mortgage-related 
rulemakings inherited from other agencies pursuant to the transfer of 
rulemaking authority under the Dodd-Frank Act in 2011. The Bureau 
remains interested in the subjects of these rulemakings but anticipates 
that it would develop new proposals rather than finalizing notices that 
are at least five years old.
    With regard to consumer reporting, the Bureau continues to monitor 
the credit reporting market through its supervisory, enforcement, and 
research efforts, and to consider prior research, including a white 
paper the Bureau published on the largest consumer reporting agencies 
in December 2012, and reports on credit report accuracy produced by the 
Federal Trade Commission pursuant to the Fair and Accurate Credit 
Transactions Act. As this work continues, the Bureau will evaluate 
possible policy responses to issues identified, including potential 
additional rules or amendments to existing rules governing consumer 
reporting. Potential topics for consideration might include the 
accuracy of credit reports, including the processes for resolving 
consumer disputes, or other issues.
    Further, in May 2015, the CFPB issued a request for information 
seeking comment from the public regarding student loan servicing 
practices, including those related to payment processing, servicing 
transfers, complaint resolution, co-signer release, and procedures 
regarding alternative repayment and refinancing options. In September 
2015, the CFPB released a report regarding student loan servicing 
practices, based, in part, on comments submitted in response to the 
request for information. The CFPB will also continue to monitor the 
student loan servicing market for trends and developments. As this work 
continues, the Bureau will evaluate possible policy responses, 
including potential rulemaking. Possible topics for consideration might 
include specific acts or practices and consumer disclosures.
    The Bureau has continued work to consider opportunities to 
modernize and streamline regulations that it inherited from other 
agencies pursuant to a transfer of rulemaking authority under the Dodd-
Frank Act. This work includes implementing the consolidation and 
streamlining of federal mortgage disclosure forms discussed earlier, 
and exploring opportunities to reduce unwarranted regulatory burden as 
part of the HMDA rulemaking. While the Bureau considers the modernizing 
and streamlining effort to be important, it has determined that aspects 
of the inherited proposals to amend Regulation Z have become stale with 
the passage of several years since their issuance. At this point, the 
Bureau believes that any rulemaking it may undertake in the areas the 
proposals addressed would be best achieved through fresh initiatives 
that would begin with new proposals based on new reviews of the 
relevant markets and other appropriate outreach and fact gathering, 
followed by fresh analyses of any policy and legal issues or concerns 
presented. The CFPB has been evaluating further action regarding these 
pending proposals and, at this time, has determined that it will take 
no further action. For this reason, the Bureau has chosen not to 
include the item entry titled, ``TILA Mortgage Amendments (Regulations 
Z)'' (RIN 3170-AA09) from the current edition of the semiannual 
regulatory agenda. The Bureau is continuing to assess the mortgage 
market on an ongoing basis and will revisit the need to initiate new 
proposals at a later date.
    The Bureau also has begun planning to conduct assessments of 
significant rules it has adopted, pursuant to section 1022(d) of the 
Dodd-Frank Act. That section requires the Bureau to conduct such 
assessments to address, among other relevant factors, the effectiveness 
of the rules in meeting the purposes and objectives of title X of the 
Dodd-Frank Act and the specific goals of the rules assessed, to publish 
a report of each assessment not later than 5 years after the effective 
date of the subject rule, and to invite public comment on 
recommendations for modifying, expanding, or eliminating the subject 
rule before publishing each report. The Bureau will provide further 
information about its expectations for the lookback process as its 
planning continues.

    Dated: September 18, 2015.
Meredith Fuchs,
General Counsel, Bureau of Consumer Financial Protection.

           Consumer Financial Protection Bureau--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
427.......................  Business Lending Data              3170-AA09
                             (Regulation B).
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        Consumer Financial Protection Bureau--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
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428.......................  Payday Loans and Deposit           3170-AA40
                             Advance Products.
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         Consumer Financial Protection Bureau--Final Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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429.......................  The Expedited Funds                3170-AA31
                             Availability Act
                             (Regulation CC).
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[[Page 78059]]


         Consumer Financial Protection Bureau--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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430.......................  Home Mortgage Disclosure           3170-AA10
                             Act (Regulation C).
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CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Prerule Stage

427. Business Lending Data (Regulation B)

    Legal Authority: 15 U.S.C. 1691c-2
    Abstract: Section 1071 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act) amends the Equal Credit 
Opportunity Act (ECOA) to require financial institutions to report 
information concerning credit applications made by women-owned, 
minority-owned, and small businesses. The amendments to ECOA made by 
the Dodd-Frank Act require that certain data be collected and 
maintained, including the number of the application and date the 
application was received; the type and purpose of loan or credit 
applied for; the amount of credit applied for and approved; the type of 
action taken with regard to each application and the date of such 
action; the census tract of the principal place of business; the gross 
annual revenue of the business; and the race, sex, and ethnicity of the 
principal owners of the business. The Dodd-Frank Act also provides 
authority for the CFPB to require any additional data that the CFPB 
determines would aid in fulfilling the purposes of this section. The 
Bureau will focus on outreach and research to develop its understanding 
of the players, products, and practices in the small business lending 
market and of the potential ways to implement section 1071. The CFPB 
then expects to begin developing proposed regulations concerning the 
data to be collected and appropriate procedures, information 
safeguards, and privacy protections for information-gathering under 
this section.
    Timetable:

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               Action                    Date            FR Cite
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Prerule Activities..................   09/00/16
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Elena Grigera Babinecz, Office of Regulations, 
Consumer Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA09

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Proposed Rule Stage

428. Payday Loans and Deposit Advance Products

    Legal Authority: Not Yet Determined
    Abstract: The Bureau is considering rules to address consumer harms 
from practices related to payday loans and other similar credit 
products, including failure to determine whether consumers have the 
ability to repay without default or reborrowing and certain payment 
collection practices. Under the Small Business Regulatory Enforcement 
Fairness Act (SBREFA), the Bureau released in March 2015 an outline of 
proposals under consideration for the rulemaking. As part of SBREFA 
process, in April 2015, the Bureau along with the Office of Management 
and Budget and the Small Business Administration's Chief Counsel for 
Advocacy, met with small lenders that may be affected by the rulemaking 
to obtain feedback on the proposals. This rulemaking builds on Bureau 
research, including a white paper the Bureau published on these 
products in April 2013, a data point providing additional research in 
March 2014, and ongoing analysis. The Bureau expects to issue a Notice 
of Proposed Rulemaking in early 2016 after additional outreach and 
analysis.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   02/00/16
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mark Morelli, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA40

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Final Rule Stage

429. The Expedited Funds Availability Act (Regulation CC)

    Legal Authority: 12 U.S.C. 4001 et seq.
    Abstract: The Expedited Funds Availability Act (EFA Act), 
implemented by Regulation CC, governs availability of funds after a 
check deposit and check collection and return processes. Section 1086 
of the Dodd-Frank Wall Street Reform and Consumer Protection Act 
amended the EFA Act to provide the CFPB with joint rulemaking authority 
with the Board of Governors of the Federal Reserve System (Board) over 
certain consumer-related EFA Act provisions. The Board proposed 
amendments to Regulation CC in March 2011, to facilitate the banking 
industry's ongoing transition to fully-electronic interbank check 
collection and return. The Board's proposal includes some provisions 
that are subject to the CFPB's joint rulemaking authority, including 
the period for funds availability and revising model form disclosures. 
In addition, in December 2013, the Board proposed revised amendments to 
certain Regulation CC provisions that are not subject to the CFPB's 
authority and stated in the proposal that the comment period has been 
extended to May 2, 2014. The CFPB will work with the Board to issue 
jointly a final rule that includes provisions within the CFPB's 
authority.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   03/25/11  76 FR 16862
NPRM Comment Period End.............   06/03/11
Final Rule..........................   09/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Joseph Baressi, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA31

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Completed Actions

430. Home Mortgage Disclosure Act (Regulation C)

    Legal Authority: 12 U.S.C. 2801 to 2810
    Abstract: Section 1094 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act) amended the Home Mortgage 
Disclosure Act (HMDA), which requires certain financial institutions to 
collect and

[[Page 78060]]

report information in connection with housing-related loans and 
applications they receive for such loans. The amendments made by the 
Dodd-Frank Act, among other things, expand the scope of information 
relating to mortgage applications and loans that must be compiled, 
maintained, and reported under HMDA, including the ages of loan 
applicants and mortgagors, information relating to the points and fees 
payable at origination, the difference between the annual percentage 
rate associated with the loan and benchmark rates for all loans, the 
term of any prepayment penalty, the value of the property to be pledged 
as collateral, the term of the loan and of any introductory interest 
rate for the loan, the presence of contract terms allowing non-
amortizing payments, the application channel, and the credit scores of 
applicants and mortgagors. The Dodd-Frank Act also provides authority 
for the CFPB to require other information, including identifiers for 
loans, parcels, and loan originators. The CFPB released a proposal in 
July 2014 published in the Federal Register on August 29, 2014, that 
would add data points in accordance with the Dodd-Frank Act amendments. 
The proposal also included other revisions to its regulations to 
effectuate the purposes of HMDA, including changes to institutional and 
transactional coverage, modifications of reporting requirements, and 
clarifications of other existing regulatory provisions. The Bureau 
issued the final rule in fall 2015.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/29/14  79 FR 51731
NPRM Comment Period End.............   10/29/14
Final Rule..........................   10/28/15  80 FR 66127
Final Rule Effective................   01/01/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Elena Grigera Babinecz, Office of Regulations, 
Consumer Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA10

[FR Doc. 2015-30668 Filed 12-14-15; 8:45 am]
BILLING CODE 4810-AM-P



                                                      78056               Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      BUREAU OF CONSUMER FINANCIAL                            October 31, 2016.1 Among the Bureau’s                   small lenders that may be affected by
                                                      PROTECTION                                              more significant regulatory efforts are                 the rulemaking to obtain feedback on
                                                                                                              the following.                                          the proposals. This rulemaking builds
                                                      12 CFR CH. X                                                                                                    on Bureau research, including a white
                                                                                                              Bureau Regulatory Efforts in Various
                                                                                                                                                                      paper the Bureau published on these
                                                      Semiannual Regulatory Agenda                            Consumer Markets
                                                                                                                                                                      products in April 2013, a data point
                                                                                                                 The Bureau is working on a number                    providing additional research in March
                                                      AGENCY:  Bureau of Consumer Financial
                                                                                                              of rulemakings to address important                     2014, and ongoing analysis. The Bureau
                                                      Protection.
                                                                                                              consumer protection issues in a wide                    expects to issue a notice of proposed
                                                      ACTION: Semiannual regulatory agenda.                   variety of markets for consumer                         rulemaking in early 2016 after
                                                                                                              financial products and services.                        additional outreach and analysis.
                                                      SUMMARY:    The Bureau of Consumer                         For example, the Bureau is beginning
                                                      Financial Protection (CFPB or Bureau) is                                                                           Building on Bureau research and
                                                                                                              a rulemaking process to follow up on a                  other sources, the Bureau is also
                                                      publishing this agenda as part of the                   report it issued to Congress in March
                                                      Fall 2015 Unified Agenda of Federal                                                                             engaged in policy analysis and further
                                                                                                              2015, concerning the use of agreements                  research initiatives in preparation for a
                                                      Regulatory and Deregulatory Actions.                    providing for arbitration of any future                 rulemaking on overdraft programs on
                                                      The CFPB reasonably anticipates having                  dispute between covered persons and                     checking accounts. The CFPB issued a
                                                      the regulatory matters identified below                 consumers in connection with the                        white paper in June 2013, and a report
                                                      under consideration during the period                   offering or providing of consumer                       in July 2014, based on supervisory data
                                                      from November 1, 2015, to October 31,                   financial products or services. The                     from several large banks that
                                                      2016. The next agenda will be published                 report, which was required by the Dodd-                 highlighted a number of possible
                                                      in spring 2016 and will update this                     Frank Act, expanded on preliminary                      consumer protection concerns,
                                                      agenda through spring 2017. Publication                 results of arbitration research that had                including how consumers opt in to
                                                      of this agenda is in accordance with the                been released by the Bureau in                          overdraft coverage for ATM and one-
                                                      Regulatory Flexibility Act (5 U.S.C. 601                December 2013. Following release of the                 time debit card transactions, overdraft
                                                      et seq.).                                               report, the CFPB analyzed whether rules                 coverage limits, transaction posting
                                                      DATES: This information is current as of                governing pre-dispute arbitration                       order practices, overdraft and
                                                      September 18, 2015.                                     agreements are warranted, and, if so,                   insufficient funds fee structure, and
                                                      ADDRESSES: Bureau of Consumer                           what types of rules would be                            involuntary account closures. The CFPB
                                                      Financial Protection, 1700 G Street NW.,                appropriate. The Bureau has                             is continuing to engage in additional
                                                      Washington, DC 20552.                                   preliminarily determined that it should                 research and has begun consumer
                                                      FOR FURTHER INFORMATION CONTACT: A
                                                                                                              proceed with a rulemaking regarding                     testing initiatives relating to the opt-in
                                                      staff contact is included for each                      pre-dispute arbitration agreements. To                  process.
                                                      regulatory item listed herein.                          begin the rulemaking process, the                          The Bureau is also engaged in policy
                                                                                                              Bureau intends to convene a panel in                    analysis and research initiatives in
                                                      SUPPLEMENTARY INFORMATION: The CFPB
                                                                                                              fall 2015 under the Small Business                      preparation for a rulemaking on debt
                                                      is publishing its fall 2015 agenda as part              Regulatory Enforcement Fairness Act                     collection activities, which are the
                                                      of the Fall 2015 Unified Agenda of                      and in conjunction with the Office of                   single largest source of complaints to
                                                      Federal Regulatory and Deregulatory                     Management and Budget and the Small                     the Federal Government of any industry.
                                                      Actions, which is coordinated by the                    Business Administration’s Chief                         Building on the Bureau’s November
                                                      Office of Management and Budget under                   Counsel for Advocacy, to consult with                   2013, Advance Notice of Proposed
                                                      Executive Order 12866. The CFPB’s                       small businesses that may be affected by                Rulemaking, the CFPB is in the process
                                                      participation in the Unified Agenda is                  the policy proposals under                              of analyzing the results of a survey to
                                                      voluntary. The complete Unified                         consideration.                                          obtain information from consumers
                                                      Agenda is available to the public at the                   The Bureau is also considering rules                 about their experiences with debt
                                                      following Web site: http://                             to address consumer harms from                          collection. The Bureau is also
                                                      www.reginfo.gov.                                        practices related to payday loans, auto                 undertaking consumer testing initiatives
                                                         Pursuant to the Dodd-Frank Wall                      title loans, and other similar credit                   to determine what information would be
                                                      Street Reform and Consumer Protection                   products, including failure to determine                useful for consumers to have about debt
                                                      Act, Public Law 111–203, 124 Stat. 1376                 whether consumers have the ability to                   collection and their debts and how that
                                                      (Dodd-Frank Act), the CFPB has                          repay without default or reborrowing                    information should be provided to
                                                      rulemaking, supervisory, enforcement,                   and certain payment collection                          them.
                                                      and other authorities relating to                       practices. Under the Small Business                        The Bureau is also working on a final
                                                      consumer financial products and                         Regulatory Enforcement Fairness Act,                    rule to create a comprehensive set of
                                                      services. These authorities include the                 the Bureau released in March 2015, an                   consumer protections for prepaid
                                                      ability to issue regulations under more                 outline of proposals under                              financial products, such as general
                                                      than a dozen federal consumer financial                 consideration for the rulemaking. As                    purpose reloadable cards and other
                                                      laws, which transferred to the CFPB                     part of Small Business Regulatory                       similar products, which are increasingly
                                                      from seven federal agencies on July 21,                 Enforcement Fairness Act process, in                    being used by consumers in place of
                                                      2011. The CFPB is working on a wide                     April 2015, the Bureau, along with the                  traditional checking accounts or credit
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                                                      range of initiatives to address issues in               Office of Management and Budget and                     cards. The proposed rule would
                                                      markets for consumer financial products                 the Small Business Administration’s                     expressly bring prepaid products within
                                                      and services that are not reflected in this             Chief Counsel for Advocacy, met with                    the ambit of Regulation E (which
                                                      notice because the Unified Agenda is                                                                            implements the Electronic Fund
                                                      limited to rulemaking activities.                          1 The listing does not include certain routine,      Transfer Act) as prepaid accounts and
                                                         The CFPB reasonably anticipates                      frequent, or administrative matters. Further, certain   create new provisions specific to such
                                                      having the regulatory matters identified                of the information fields for the listing are not
                                                                                                              applicable to independent regulatory agencies,
                                                                                                                                                                      accounts. The proposal would also
                                                      below under consideration during the                    including the CFPB, and, accordingly, the CFPB has      amend Regulation E and Regulation Z
                                                      period from November 1, 2015, to                        indicated responses of ‘‘no’’ for such fields.          (which implements the Truth in


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                                                                          Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda                                             78057

                                                      Lending Act) to regulate prepaid                        issued regulations implementing Dodd-                 guide, a guide to forms, a readiness
                                                      accounts with overdraft services or                     Frank Act protections for mortgage                    guide, sample forms, and additional
                                                      credit features. The Bureau’s proposed                  originations and servicing, and                       materials. The Bureau has conducted six
                                                      rule on prepaid accounts was issued in                  integrating various federal mortgage                  free, publicly available webinars to
                                                      November 2014, and the Bureau                           disclosures as discussed further below.               answer common questions and hosted
                                                      anticipates issuing a final rule in spring                 The Bureau is also working to                      an additional webinar targeted at
                                                      2016.                                                   implement Dodd-Frank amendments to                    housing counselors. In January 2015,
                                                        The Bureau is also continuing                         the Home Mortgage Disclosure Act                      after extensive outreach to stakeholders,
                                                      rulemaking activities that will further                 (HMDA), which augment existing data                   the Bureau adopted two minor
                                                      establish the Bureau’s nonbank                          reporting requirements regarding                      modifications and technical
                                                      supervisory authority by defining larger                housing-related loans and applications                amendments to the Rule to smooth
                                                      participants of certain markets for                     for such loans. In addition to obtaining              compliance for industry.2 After
                                                      consumer financial products and                         data that is critical to the purposes of              discovering an administrative error in
                                                      services. Larger participants of such                   HMDA—which include providing the                      June 2015, the Bureau issued a proposal
                                                      markets, as the Bureau defines by rule,                 public and public officials with                      to extend the effective date from August
                                                      are subject to the Bureau’s supervisory                 information that can be used to help                  1, 2015, to October 3, 2015, and
                                                      authority. On June 30, 2015, the Bureau                 determine whether financial institutions              finalized the extension of the effective
                                                      published in the Federal Register a final               are serving the housing needs of their                date to October 3, 2015, on July 24,
                                                      rule that defines larger participants of a              communities, assisting public officials               2015. The Bureau expects to continue
                                                      market for automobile financing and                     in the distribution of public sector                  working to support implementation of
                                                      defines certain automobile leasing                      investments, and assisting in identifying             the rule, monitor the market, and make
                                                      activity as a financial product or service.             possible discriminatory lending patterns              clarifications and adjustments to the
                                                      The Bureau expects that its next larger                 and enforcing antidiscrimination                      rule where warranted.
                                                      participant rulemaking will focus on the                statutes—the Bureau views this                           The Bureau is also working to support
                                                      markets for consumer installment loans                  rulemaking as an opportunity to                       the full implementation of, and facilitate
                                                      and vehicle title loans for purposes of                 streamline and modernize HMDA data                    compliance with, various mortgage-
                                                      supervision. The Bureau is also                         collection and reporting in furtherance               related final rules issued by the Bureau
                                                      considering whether rules to require                    of its mission under the Dodd-Frank Act               in January 2013, to strengthen consumer
                                                      registration of these or other non-                     to reduce unwarranted regulatory                      protections involving the origination
                                                      depository lenders would facilitate                     burden. The Bureau published a                        and servicing of mortgages. These rules,
                                                      supervision, as has been suggested to                   proposed HMDA rule in the Federal                     implementing requirements under the
                                                      the Bureau by both consumer advocates                   Register in August 2014, to add several               Dodd-Frank Act, were all effective by
                                                      and industry groups.                                    new reporting requirements and to                     January 2014. The Bureau is working
                                                        The Bureau is also continuing to                      clarify several existing requirements.                diligently to monitor the market and
                                                      develop research on other critical                      Publication of the proposal followed                  plans to make clarifications and
                                                      markets to help implement statutory                     initial outreach efforts and the                      adjustments to the rules where
                                                      directives and to assess whether                        convening of a panel under the Small                  warranted. For example, in order to
                                                      regulation of other consumer financial                  Business Regulatory Enforcement                       promote access to credit, the Bureau
                                                      products and services may be                            Fairness Act, in conjunction with the                 engaged in further research to assess the
                                                      warranted. For example, the Bureau is                   Office of Management and Budget and                   impact of certain provisions
                                                      starting its work to implement section                  the Small Business Administration’s                   implemented under the Dodd-Frank Act
                                                      1071 of the Dodd-Frank Act, which                       Chief Counsel for Advocacy, to consult                that modify general requirements for
                                                      amends the Equal Credit Opportunity                     with small lenders who may be affected                small creditors, including those small
                                                      Act to require financial institutions to                by the rulemaking. The Bureau expects                 creditors that operate predominantly in
                                                      report information concerning credit                    to issue a final rule in fall 2015 and is             ‘‘rural or underserved’’ areas, and
                                                      applications made by women-owned,                       continuing to coordinate with other                   published a notice of proposed
                                                      minority-owned, and small businesses.                   agencies and prepare for support of                   rulemaking in the Federal Register in
                                                      The Bureau will focus on outreach and                   implementation efforts.                               February 2015. The Bureau anticipates
                                                      research to develop its understanding of                   The Bureau is also working to support              issuing a final rule in September 2015.
                                                      the players, products, and practices in                 implementation of its final rule                         The Bureau also published a proposal
                                                      the small business lending market and                   combining several federal mortgage                    in the Federal Register in December
                                                      of the potential ways to implement                      disclosures that consumers receive in                 2014, to amend various provisions of its
                                                      section 1071. The CFPB then expects to                  connection with applying for and                      mortgage servicing rules in both
                                                      begin developing proposed regulations                   closing on a mortgage loan under the                  Regulation X (which implements
                                                      concerning the data to be collected and                 Truth in Lending Act (TILA) and the                   RESPA) and Regulation Z. The proposal
                                                      appropriate procedures, information                     Real Estate Settlement Procedures Act                 included further clarification of the
                                                      safeguards, and privacy protections for                 (RESPA). The project to integrate and                 applicability of certain provisions when
                                                      information-gathering under this                        streamline the disclosures was                        the borrower is in bankruptcy, possible
                                                      section.                                                mandated under the Dodd-Frank Act.                    additional enhancements to loss
                                                                                                              The integrated forms are the cornerstone              mitigation requirements, proposed
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                                                      Implementing Dodd-Frank Act                             of the Bureau’s broader ‘‘Know Before                 applicability of certain provisions to
                                                      Mortgage Protections                                    You Owe’’ mortgage initiative. The final              successors in interest, and other topics.
                                                        The Bureau is also continuing efforts                 rule was issued in November 2013, and                 As the Bureau develops a final rule, it
                                                      to implement critical consumer                          takes effect October 3, 2015. The Bureau              is reviewing and considering public
                                                      protections under the Dodd-Frank Act                    has worked intensively to support                     comments on the proposed rule,
                                                      to guard against mortgage market                        implementation efforts, including                     consulting with other agencies,
                                                      practices that contributed to the nation’s              consumer education initiatives. To                    conducting consumer testing of certain
                                                      most significant financial crisis in                    facilitate implementation, the Bureau
                                                      several decades. The Bureau has already                 has released a small entity compliance                  2 80   FR 8767 (Feb. 19, 2015).



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                                                      78058                      Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      disclosures, and preparing to support                                 Further, in May 2015, the CFPB                                   through fresh initiatives that would
                                                      implementation and consumer                                        issued a request for information seeking                            begin with new proposals based on new
                                                      education efforts. The Bureau expects to                           comment from the public regarding                                   reviews of the relevant markets and
                                                      issue a final rule in late spring 2016.                            student loan servicing practices,                                   other appropriate outreach and fact
                                                      Bureau Long-Term Planning Efforts                                  including those related to payment                                  gathering, followed by fresh analyses of
                                                                                                                         processing, servicing transfers,                                    any policy and legal issues or concerns
                                                         The Bureau has also updated its long-                           complaint resolution, co-signer release,                            presented. The CFPB has been
                                                      term agenda to reflect its expectations                            and procedures regarding alternative                                evaluating further action regarding these
                                                      beyond fiscal year 2016. As noted in                               repayment and refinancing options. In                               pending proposals and, at this time, has
                                                      these items, the Bureau intends to                                 September 2015, the CFPB released a                                 determined that it will take no further
                                                      explore potential rulemakings to                                   report regarding student loan servicing                             action. For this reason, the Bureau has
                                                      address important issues related to                                practices, based, in part, on comments                              chosen not to include the item entry
                                                      consumer reporting and student loan                                submitted in response to the request for                            titled, ‘‘TILA Mortgage Amendments
                                                      servicing. The Bureau has also                                     information. The CFPB will also                                     (Regulations Z)’’ (RIN 3170–AA09) from
                                                      eliminated a listing for certain mortgage-                         continue to monitor the student loan                                the current edition of the semiannual
                                                      related rulemakings inherited from                                 servicing market for trends and                                     regulatory agenda. The Bureau is
                                                      other agencies pursuant to the transfer                            developments. As this work continues,                               continuing to assess the mortgage
                                                      of rulemaking authority under the                                  the Bureau will evaluate possible policy                            market on an ongoing basis and will
                                                      Dodd-Frank Act in 2011. The Bureau                                 responses, including potential                                      revisit the need to initiate new
                                                      remains interested in the subjects of                              rulemaking. Possible topics for
                                                      these rulemakings but anticipates that it                                                                                              proposals at a later date.
                                                                                                                         consideration might include specific
                                                      would develop new proposals rather                                                                                                        The Bureau also has begun planning
                                                                                                                         acts or practices and consumer
                                                      than finalizing notices that are at least                                                                                              to conduct assessments of significant
                                                                                                                         disclosures.
                                                      five years old.                                                                                                                        rules it has adopted, pursuant to section
                                                         With regard to consumer reporting,                                 The Bureau has continued work to                                 1022(d) of the Dodd-Frank Act. That
                                                      the Bureau continues to monitor the                                consider opportunities to modernize                                 section requires the Bureau to conduct
                                                      credit reporting market through its                                and streamline regulations that it                                  such assessments to address, among
                                                      supervisory, enforcement, and research                             inherited from other agencies pursuant                              other relevant factors, the effectiveness
                                                      efforts, and to consider prior research,                           to a transfer of rulemaking authority                               of the rules in meeting the purposes and
                                                      including a white paper the Bureau                                 under the Dodd-Frank Act. This work                                 objectives of title X of the Dodd-Frank
                                                      published on the largest consumer                                  includes implementing the                                           Act and the specific goals of the rules
                                                      reporting agencies in December 2012,                               consolidation and streamlining of                                   assessed, to publish a report of each
                                                      and reports on credit report accuracy                              federal mortgage disclosure forms                                   assessment not later than 5 years after
                                                      produced by the Federal Trade                                      discussed earlier, and exploring                                    the effective date of the subject rule, and
                                                      Commission pursuant to the Fair and                                opportunities to reduce unwarranted                                 to invite public comment on
                                                      Accurate Credit Transactions Act. As                               regulatory burden as part of the HMDA                               recommendations for modifying,
                                                      this work continues, the Bureau will                               rulemaking. While the Bureau considers                              expanding, or eliminating the subject
                                                      evaluate possible policy responses to                              the modernizing and streamlining effort                             rule before publishing each report. The
                                                      issues identified, including potential                             to be important, it has determined that                             Bureau will provide further information
                                                      additional rules or amendments to                                  aspects of the inherited proposals to                               about its expectations for the lookback
                                                      existing rules governing consumer                                  amend Regulation Z have become stale                                process as its planning continues.
                                                      reporting. Potential topics for                                    with the passage of several years since
                                                      consideration might include the                                    their issuance. At this point, the Bureau                             Dated: September 18, 2015.
                                                      accuracy of credit reports, including the                          believes that any rulemaking it may                                 Meredith Fuchs,
                                                      processes for resolving consumer                                   undertake in the areas the proposals                                General Counsel, Bureau of Consumer
                                                      disputes, or other issues.                                         addressed would be best achieved                                    Financial Protection.

                                                                                                      CONSUMER FINANCIAL PROTECTION BUREAU—PRERULE STAGE
                                                                                                                                                                                                                                      Regulation
                                                        Sequence No.                                                                                  Title                                                                          Identifier No.

                                                      427 ....................   Business Lending Data (Regulation B) ............................................................................................................      3170–AA09


                                                                                               CONSUMER FINANCIAL PROTECTION BUREAU—PROPOSED RULE STAGE
                                                                                                                                                                                                                                      Regulation
                                                        Sequence No.                                                                                  Title                                                                          Identifier No.

                                                      428 ....................   Payday Loans and Deposit Advance Products ...............................................................................................              3170–AA40
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                                                                                                    CONSUMER FINANCIAL PROTECTION BUREAU—FINAL RULE STAGE
                                                                                                                                                                                                                                      Regulation
                                                        Sequence No.                                                                                  Title                                                                          Identifier No.

                                                      429 ....................   The Expedited Funds Availability Act (Regulation CC) ...................................................................................               3170–AA31




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                                                                                 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda                                                                    78059

                                                                                                 CONSUMER FINANCIAL PROTECTION BUREAU—COMPLETED ACTIONS
                                                                                                                                                                                                                                Regulation
                                                        Sequence No.                                                                               Title                                                                       Identifier No.

                                                      430 ....................   Home Mortgage Disclosure Act (Regulation C) ..............................................................................................       3170–AA10



                                                      CONSUMER FINANCIAL PROTECTION                                    CONSUMER FINANCIAL PROTECTION                                   availability of funds after a check
                                                      BUREAU (CFPB)                                                    BUREAU (CFPB)                                                   deposit and check collection and return
                                                                                                                                                                                       processes. Section 1086 of the Dodd-
                                                      Prerule Stage                                                    Proposed Rule Stage
                                                                                                                                                                                       Frank Wall Street Reform and Consumer
                                                      427. Business Lending Data (Regulation                           428. Payday Loans and Deposit                                   Protection Act amended the EFA Act to
                                                      B)                                                               Advance Products                                                provide the CFPB with joint rulemaking
                                                                                                                          Legal Authority: Not Yet Determined                          authority with the Board of Governors of
                                                        Legal Authority: 15 U.S.C. 1691c–2                                                                                             the Federal Reserve System (Board) over
                                                                                                                          Abstract: The Bureau is considering
                                                        Abstract: Section 1071 of the Dodd-                            rules to address consumer harms from                            certain consumer-related EFA Act
                                                      Frank Wall Street Reform and Consumer                            practices related to payday loans and                           provisions. The Board proposed
                                                      Protection Act (Dodd-Frank Act)                                  other similar credit products, including                        amendments to Regulation CC in March
                                                      amends the Equal Credit Opportunity                              failure to determine whether consumers                          2011, to facilitate the banking industry’s
                                                      Act (ECOA) to require financial                                  have the ability to repay without default                       ongoing transition to fully-electronic
                                                      institutions to report information                               or reborrowing and certain payment                              interbank check collection and return.
                                                      concerning credit applications made by                           collection practices. Under the Small                           The Board’s proposal includes some
                                                      women-owned, minority-owned, and                                 Business Regulatory Enforcement                                 provisions that are subject to the CFPB’s
                                                      small businesses. The amendments to                              Fairness Act (SBREFA), the Bureau                               joint rulemaking authority, including
                                                      ECOA made by the Dodd-Frank Act                                  released in March 2015 an outline of                            the period for funds availability and
                                                      require that certain data be collected                           proposals under consideration for the                           revising model form disclosures. In
                                                      and maintained, including the number                                                                                             addition, in December 2013, the Board
                                                                                                                       rulemaking. As part of SBREFA process,
                                                      of the application and date the                                                                                                  proposed revised amendments to certain
                                                                                                                       in April 2015, the Bureau along with the
                                                      application was received; the type and                                                                                           Regulation CC provisions that are not
                                                                                                                       Office of Management and Budget and
                                                      purpose of loan or credit applied for; the                                                                                       subject to the CFPB’s authority and
                                                                                                                       the Small Business Administration’s
                                                      amount of credit applied for and                                                                                                 stated in the proposal that the comment
                                                                                                                       Chief Counsel for Advocacy, met with
                                                      approved; the type of action taken with                                                                                          period has been extended to May 2,
                                                                                                                       small lenders that may be affected by
                                                      regard to each application and the date                                                                                          2014. The CFPB will work with the
                                                                                                                       the rulemaking to obtain feedback on
                                                      of such action; the census tract of the                                                                                          Board to issue jointly a final rule that
                                                                                                                       the proposals. This rulemaking builds
                                                      principal place of business; the gross                                                                                           includes provisions within the CFPB’s
                                                                                                                       on Bureau research, including a white
                                                      annual revenue of the business; and the                                                                                          authority.
                                                                                                                       paper the Bureau published on these                               Timetable:
                                                      race, sex, and ethnicity of the principal                        products in April 2013, a data point
                                                      owners of the business. The Dodd-Frank                           providing additional research in March
                                                      Act also provides authority for the CFPB                                                                                                 Action                 Date         FR Cite
                                                                                                                       2014, and ongoing analysis. The Bureau
                                                      to require any additional data that the                          expects to issue a Notice of Proposed                           NPRM ..................      03/25/11    76 FR 16862
                                                      CFPB determines would aid in fulfilling                          Rulemaking in early 2016 after                                  NPRM Comment                 06/03/11
                                                      the purposes of this section. The Bureau                         additional outreach and analysis.                                 Period End.
                                                      will focus on outreach and research to                              Timetable:                                                   Final Rule ............      09/00/16
                                                      develop its understanding of the
                                                      players, products, and practices in the                                  Action                 Date            FR Cite            Regulatory Flexibility Analysis
                                                      small business lending market and of                                                                                             Required: Yes.
                                                      the potential ways to implement section                          NPRM ..................      02/00/16                             Agency Contact: Joseph Baressi,
                                                      1071. The CFPB then expects to begin                                                                                             Office of Regulations, Consumer
                                                      developing proposed regulations                                    Regulatory Flexibility Analysis                               Financial Protection Bureau, Phone: 202
                                                      concerning the data to be collected and                          Required: Yes.                                                  435–7700.
                                                      appropriate procedures, information                                Agency Contact: Mark Morelli, Office                            RIN: 3170–AA31
                                                      safeguards, and privacy protections for                          of Regulations, Consumer Financial
                                                      information-gathering under this                                 Protection Bureau, Phone: 202 435–
                                                      section.                                                         7700.
                                                                                                                         RIN: 3170–AA40                                                CONSUMER FINANCIAL PROTECTION
                                                        Timetable:                                                                                                                     BUREAU (CFPB)

                                                              Action                  Date            FR Cite                                                                          Completed Actions
                                                                                                                       CONSUMER FINANCIAL PROTECTION                                   430. Home Mortgage Disclosure Act
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                                                      Prerule Activities            09/00/16                           BUREAU (CFPB)                                                   (Regulation C)
                                                                                                                       Final Rule Stage                                                   Legal Authority: 12 U.S.C. 2801 to
                                                        Regulatory Flexibility Analysis
                                                                                                                                                                                       2810
                                                      Required: Yes.                                                   429. The Expedited Funds Availability                              Abstract: Section 1094 of the Dodd-
                                                        Agency Contact: Elena Grigera                                  Act (Regulation CC)                                             Frank Wall Street Reform and Consumer
                                                      Babinecz, Office of Regulations,                                   Legal Authority: 12 U.S.C. 4001 et seq.                       Protection Act (Dodd-Frank Act)
                                                      Consumer Financial Protection Bureau,                              Abstract: The Expedited Funds                                 amended the Home Mortgage Disclosure
                                                      Phone: 202 435–7700.                                             Availability Act (EFA Act),                                     Act (HMDA), which requires certain
                                                        RIN: 3170–AA09                                                 implemented by Regulation CC, governs                           financial institutions to collect and


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                                                      78060               Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      report information in connection with                   allowing non-amortizing payments, the                    Timetable:
                                                      housing-related loans and applications                  application channel, and the credit
                                                      they receive for such loans. The                        scores of applicants and mortgagors.                         Action              Date        FR Cite
                                                      amendments made by the Dodd-Frank                       The Dodd-Frank Act also provides
                                                      Act, among other things, expand the                     authority for the CFPB to require other               NPRM ..................   08/29/14   79 FR 51731
                                                                                                                                                                    NPRM Comment              10/29/14
                                                      scope of information relating to                        information, including identifiers for
                                                                                                                                                                      Period End.
                                                      mortgage applications and loans that                    loans, parcels, and loan originators. The             Final Rule ............   10/28/15   80 FR 66127
                                                      must be compiled, maintained, and                       CFPB released a proposal in July 2014                 Final Rule Effec-         01/01/18
                                                      reported under HMDA, including the                      published in the Federal Register on                    tive.
                                                      ages of loan applicants and mortgagors,                 August 29, 2014, that would add data
                                                      information relating to the points and                  points in accordance with the Dodd-                     Regulatory Flexibility Analysis
                                                      fees payable at origination, the                        Frank Act amendments. The proposal                    Required: Yes.
                                                      difference between the annual                           also included other revisions to its
                                                                                                                                                                      Agency Contact: Elena Grigera
                                                      percentage rate associated with the loan                regulations to effectuate the purposes of
                                                                                                                                                                    Babinecz, Office of Regulations,
                                                      and benchmark rates for all loans, the                  HMDA, including changes to
                                                                                                                                                                    Consumer Financial Protection Bureau,
                                                      term of any prepayment penalty, the                     institutional and transactional coverage,
                                                                                                                                                                    Phone: 202 435–7700.
                                                      value of the property to be pledged as                  modifications of reporting requirements,
                                                      collateral, the term of the loan and of                 and clarifications of other existing                    RIN: 3170–AA10
                                                      any introductory interest rate for the                  regulatory provisions. The Bureau                     [FR Doc. 2015–30668 Filed 12–14–15; 8:45 am]
                                                      loan, the presence of contract terms                    issued the final rule in fall 2015.                   BILLING CODE 4810–AM–P
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Document Created: 2018-03-02 09:15:10
Document Modified: 2018-03-02 09:15:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
DatesThis information is current as of September 18, 2015.
ContactA staff contact is included for each regulatory item listed herein.
FR Citation80 FR 78056 

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