81 FR 30255 - Agency Information Collection Activities: Submission for OMB Review; Comment Request
BUREAU OF CONSUMER FINANCIAL PROTECTION Federal Register Volume 81, Issue 94 (May 16, 2016)
Federal Register Volume 81, Issue 94 (May 16, 2016)
| Page Range | 30255-30256 | |
| FR Document | 2016-11425 |
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)] [Notices] [Pages 30255-30256] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11425] ======================================================================= ----------------------------------------------------------------------- BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2016-0021] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Bureau of Consumer Financial Protection. ACTION: Notice and request for comment. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is proposing to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, ``Application Process for Designation of Rural Area under Federal Consumer Financial Law.'' DATES: Written comments are encouraged and must be received on or before June 15, 2016 to be assured of consideration. ADDRESSES: You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:Electronic: http://www.regulations.gov. Follow the instructions for submitting comments. OMB: Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503 or fax to (202) 395-5806. Mailed or faxed comments to OMB should be to the attention of the OMB Desk Officer for the Bureau of Consumer Financial Protection. Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included. FOR FURTHER INFORMATION CONTACT: Documentation prepared in support of this information collection request is available at www.reginfo.gov (this link active on the day following publication of this notice). Select ``Information Collection Review,'' under ``Currently [[Page 30256]] under Review'', use the dropdown menu ``Select Agency'' and select ``Consumer Financial Protection Bureau'' (recent submissions to OMB will be at the top of the list). The same documentation is also available at http://www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street, NW., Washington, DC 20552, (202) 435-9575, or email: [email protected]. Please do not submit comments to this email box. SUPPLEMENTARY INFORMATION: Title of Collection: Application Process for Designation of Rural Area under Federal Consumer Financial Law. OMB Control Number: 3170-0061. Type of Review: Extension without change of a currently approved collection. Affected Public: Private sector (banks and credit unions). Estimated Number of Respondents: 1. Estimated Total Annual Burden Hours: 5. Abstract: Section 89002 of the HELP Rural Communities Act (Pub. L. 114-94) requires the Bureau to establish an application process under which a person may apply to have an area designated by the Bureau as a rural area for purposes of a Federal consumer financial law. On March 3, 2016, the Bureau published a Final rule in the Federal Register (81 FR 11099) which sets forth the procedure for making this application and requires the applicant to submit information identifying the area for which the request is made, and the justification for granting the area rural status. While the rule specifies what information is to be included, it does not specify to the form or format of the information. Request for Comments: The Bureau issued a 60-day Federal Register notice on February 18, 2016 (81 FR 8179). Comments were solicited and continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Dated: May 10, 2016. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection. [FR Doc. 2016-11425 Filed 5-13-16; 8:45 am] BILLING CODE 4810-AM-P
![Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices 30255
their behalf.11 In addition, section 306 of the Indeed, permitting these suits is in tension where applicable, state regulators, work to
FPA permits the filing of private complaints with long-standing jurisprudence disallowing ensure effective, efficient regulation that
with the FERC for any violation of the FPA.12 private litigants from collaterally attacking a provides the RTO–ISO market participants
Aside from the injustice of changing the rate, tariff, protocol and/or rule approved or with legal certainty.
scope of the RTO–ISO Order three years after permitted to take effect by the PUCT and/or As such, I emphatically dissent from the
it was issued, subjecting the transactions the FERC. Courts have regularly relied on the proposal.
covered by the Order to private suits under so-called ‘‘filed rate doctrine,’’ which
the CEA undermines carefully considered deprives them of jurisdiction to hear [FR Doc. 2016–11385 Filed 5–13–16; 8:45 am]
policy designed to promote affordable and otherwise valid private rights of action where BILLING CODE 6351–01–P
reliable electricity for millions of American such action seeks to undermine or attack
consumers. The defendants’ conduct in the ‘‘any ‘filed rate’—that is, one approved by the
Aspire litigation was explicitly permitted governing regulatory agency—[because such
BUREAU OF CONSUMER FINANCIAL
under Texas law and related PUCT a rate] is per se reasonable and unassailable
regulations.13 Indeed, the plaintiffs in Aspire in judicial proceedings brought by PROTECTION
brought suit only after they tried and failed ratepayers.’’ 17 [Docket No: CFPB–2016–0021]
to convince the PUCT to change its rules Here, the Commission dismisses concerns
permitting the conduct at issue.14 that preserving the section 22 private right of Agency Information Collection
In my view, the Aspire case is a telling action may cause regulatory uncertainty or Activities: Submission for OMB
example of the problems with subjecting inconsistent or duplicative regulation by Review; Comment Request
RTO–ISO transactions to private section 22 arguing that the same result could occur if
litigation. Even if a firm is only involved in the CFTC were to bring enforcement actions AGENCY: Bureau of Consumer Financial
the generation or transmission of electric for violations of the Reserved Provisions. Protection.
power (and not in the derivatives markets), This is a concern, to be sure. But the CFTC
ACTION: Notice and request for comment.
it may nonetheless be subject to extensive may bring suit only after an affirmative vote
litigation—lasting years, exacting significant of a majority of Commissioners and in SUMMARY: In accordance with the
sums in defense costs, subjecting ratepayers accordance with its Memorandum of
Understanding with the FERC under which
Paperwork Reduction Act of 1995
to potential damages and distracting the firm
from its core business—all for merely staff of the CFTC and the FERC have agreed (PRA), the Consumer Financial
complying with standards crafted and to consult each other on matters of mutual Protection Bureau (Bureau) is proposing
enforced by its primary regulator.15 interest and overlapping jurisdiction.18 The to renew the Office of Management and
Moreover, subjecting electricity providers to CFTC would therefore be far likelier than a Budget (OMB) approval for an existing
private litigation will deprive them of the private plaintiff to consider the impact an information collection titled,
certainty that the RTO–ISO Order was action for violating the CEA could have on ‘‘Application Process for Designation of
supposed to provide; if private section 22 the regulatory policy of co-equal regulators Rural Area under Federal Consumer
claims are allowed, it will be impossible for operating in their primary field. Furthermore, Financial Law.’’
market participants to be certain which FERC unlike private plaintiffs, the CFTC would
or state rules governing power markets can be have a thorough appreciation of a potential DATES: Written comments are
adhered to without incurring liability. I fail defendant’s positions in derivatives markets encouraged and must be received on or
to see how permitting these kinds of suits and access to a potential defendant’s before June 15, 2016 to be assured of
would ‘‘promote responsible economic or positions in the cash markets, ensuring that consideration.
financial innovation and fair competition’’ only cases of true merit would be brought.
One would expect the CFTC to conduct an
ADDRESSES: You may submit comments,
that the Commission’s exemptive authority is
supposed to provide.16 extensive investigation and carefully identified by the title of the information
consider any impact an action for CEA collection, OMB Control Number (see
11 7 U.S.C. 13a-1(d)(3) (2012). violations would have on electricity below), and docket number (see above),
12 See Joint Trade Associations, Comment Letter regulation before bringing suit. I certainly by any of the following methods:
on Proposed Order and Request for Comment on an will. As commenters have pointed out, • Electronic: http://
Application for an Exemptive Order From private parties—who may be interested www.regulations.gov. Follow the
Southwest Power Pool, Inc. From Certain primarily in winning a cash award and/or
Provisions of the Commodity Exchange Act
instructions for submitting comments.
Pursuant to the Authority Provided in Section
securing attorneys’ fees—will not consider • OMB: Office of Management and
the matter so broadly. Budget, New Executive Office Building,
4(c)(6) of the Act, at 7 n.17 (Jun. 22, 2015) (citations
In conclusion, adding section 22 to the list
omitted); see also PUCT Comment Letter at 6–7
of Reserved Provisions is a serious misstep.
Room 10235, Washington, DC 20503 or
(Jun. 22, 2015) (explaining that market participants fax to (202) 395–5806. Mailed or faxed
regulated by the Electric Reliability Council of At a time of stagnant wage growth, today’s
Texas (‘‘ERCOT’’) aggrieved by the activities of proposal may needlessly subject millions of comments to OMB should be to the
other market participants may bring complaints for American ratepayers to higher utility bills as attention of the OMB Desk Officer for
adjudication by ERCOT, whose decisions are a result of the almost certain increase in the Bureau of Consumer Financial
subject to review by PUCT and the Texas state litigation, court costs and settlement Protection.
courts).
13 Aspire, 2015 WL 500482, at *1; see also 16 Tex.
damages. Permitting private rights of action Please note that comments submitted
in the heavily regulated RTO–ISO markets is after the comment period will not be
Admin. Code 25.504(c) (2006). I take no position on
the specific PUCT Rule at issue, other to note that in great tension with the congressional accepted. In general, all comments
it appears to be backed by a broad consensus of command that the CFTC, the FERC and received will become public records,
Texas electricity stakeholders and vigorously
defended by the PUCT. See Aspire, 2016 WL
including any personal information
Meeting, transcript at 21–70 (discussing the
758689, Brief for PUCT as Amicus Curiae, at 27– consequences for consumers and rate payers that provided. Sensitive personal
29. would flow from permitting private rights of action information, such as account numbers
14 Aspire, 2015 WL 500482, at *1. against RTO–ISO participants). or social security numbers, should not
asabaliauskas on DSK3SPTVN1PROD with NOTICES
15 See PUCT Comment Letter on Proposed Order 17 Tex. Commercial Energy v. TXU Energy, 413
be included.
and Request for Comment on an Application for an F.3d 503, 508 (5th Cir. 2005 (quoting Wegoland,
Exemptive Order From Southwest Power Pool, Inc. Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir. 1994) FOR FURTHER INFORMATION CONTACT:
From Certain Provisions of the Commodity (barring otherwise valid antitrust law claim on the Documentation prepared in support of
Exchange Act Pursuant to the Authority Provided basis of the filed-rate doctrine based on PUCT this information collection request is
in Section 4(c)(6) of the Act, at 7–10 (Jun. 22, 2014) oversight over the relevant electricity market). available at www.reginfo.gov (this link
(describing the Aspire litigation and its potential 18 Memorandum of Understanding between the
deleterious effects on the RTO–ISO markets). FERC and the CFTC (Jan. 2, 2014), http://
active on the day following publication
16 7 U.S.C. 6(c); see also Feb. 25, 2016 Energy and www.cftc.gov/idc/groups/public/@newsroom/ of this notice). Select ‘‘Information
Environmental Markets Advisory Committee documents/file/cftcfercjmou2014.pdf. Collection Review,’’ under ‘‘Currently
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![30256 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices
under Review’’, use the dropdown Comments submitted in response to this Financial Protection Bureau, (Attention:
menu ‘‘Select Agency’’ and select notice will be summarized and/or PRA Office), 1700 G Street NW.,
‘‘Consumer Financial Protection included in the request for OMB Washington, DC 20552, (202) 435–9575,
Bureau’’ (recent submissions to OMB approval. All comments will become a or email: CFPB_PRA@cfpb.gov. Please
will be at the top of the list). The same matter of public record. do not submit comments to this
documentation is also available at Dated: May 10, 2016. mailbox.
http://www.regulations.gov. Requests for Darrin A. King, SUPPLEMENTARY INFORMATION:
additional information should be Title of Collection: Evaluation of
Paperwork Reduction Act Officer, Bureau of
directed to the Consumer Financial Consumer Financial Protection. Financial Empowerment Training
Protection Bureau, (Attention: PRA Program.
[FR Doc. 2016–11425 Filed 5–13–16; 8:45 am]
Office), 1700 G Street, NW., OMB Control Number: 3170–0038.
BILLING CODE 4810–AM–P
Washington, DC 20552, (202) 435–9575, Type of Review: Extension with
or email: CFPB_PRA@cfpb.gov. Please change of a currently approved
do not submit comments to this email BUREAU OF CONSUMER FINANCIAL collection.
box. PROTECTION Affected Public: Individuals,
SUPPLEMENTARY INFORMATION: government social services entities, and
[Docket No. CFPB–2016–0022]
Title of Collection: Application not-for-profit institutions.
Process for Designation of Rural Area Agency Information Collection Estimated Number of Respondents:
under Federal Consumer Financial Law. Activities: Comment Request 15,750.
OMB Control Number: 3170–0061. Estimated Total Annual Burden
Type of Review: Extension without AGENCY: Bureau of Consumer Financial Hours: 10,338.
change of a currently approved Protection. Abstract: The Bureau’s Office of
collection. ACTION: Notice and request for comment. Financial Empowerment
Affected Public: Private sector (banks (Empowerment) is responsible for
and credit unions). SUMMARY: In accordance with the developing strategies to improve the
Estimated Number of Respondents: 1. Paperwork Reduction Act of 1995 financial capability of low-income and
Estimated Total Annual Burden (PRA), the Consumer Financial economically vulnerable consumers,
Hours: 5. Protection Bureau (Bureau) is requesting such as consumers who are unbanked or
Abstract: Section 89002 of the HELP to renew the Office of Management and underbanked, those with thin or no
Rural Communities Act (Pub. L. 114–94) Budget (OMB) approval for an existing credit file, and households with limited
requires the Bureau to establish an information collection titled, savings. To address the needs of these
application process under which a ‘‘Evaluation of Financial Empowerment consumers, Empowerment has
person may apply to have an area Training Program.’’ developed the Your Money, Your Goals
designated by the Bureau as a rural area DATES: Written comments are toolkit and training program. These
for purposes of a Federal consumer encouraged and must be received on or resources equip frontline staff and
financial law. On March 3, 2016, the before July 15, 2016 to be assured of volunteers in a range of organizations to
Bureau published a Final rule in the consideration. provide relevant and effective
Federal Register (81 FR 11099) which ADDRESSES: You may submit comments, information, tools, and technical
sets forth the procedure for making this identified by the title of the information assistance designed to improve the
application and requires the applicant collection, OMB Control Number (see financial outcomes and capability of
to submit information identifying the below), and docket number (see above), these vulnerable consumers. The Bureau
area for which the request is made, and by any of the following methods: seeks to renew approval of the
the justification for granting the area • Electronic: http:// information collection plan (ICP) to
rural status. While the rule specifies www.regulations.gov. Follow the collect qualitative data related to
what information is to be included, it instructions for submitting comments. evaluating the effectiveness of this
does not specify to the form or format • Mail: Consumer Financial toolkit, collateral materials, and training
of the information. Protection Bureau (Attention: PRA program. The proposed collections will
Request for Comments: The Bureau Office), 1700 G Street, NW., focus on evaluating: (1) Your Money,
issued a 60-day Federal Register notice Washington, DC 20552. Your Goals training practices, toolkit,
on February 18, 2016 (81 FR 8179). • Hand Delivery/Courier: Consumer and collateral materials in enhancing
Comments were solicited and continue Financial Protection Bureau (Attention: the ability of frontline staff and
to be invited on: (a) Whether the PRA Office), 1275 First Street NE., volunteers to inform and educate low-
collection of information is necessary Washington, DC 20002. income consumers about managing their
for the proper performance of the Please note that comments submitted finances; (2) and to assess the scope of
functions of the Bureau, including after the comment period will not be workshop participants’ use of the
whether the information will have accepted. In general, all comments resources with the people they serve.
practical utility; (b) The accuracy of the received will become public records, The Bureau expects to collect
Bureau’s estimate of the burden of the including any personal information qualitative data through paper-based
collection of information, including the provided. Sensitive personal and web-based surveys.
validity of the methods and the information, such as account numbers Request for Comments: Comments are
asabaliauskas on DSK3SPTVN1PROD with NOTICES
assumptions used; (c) Ways to enhance or Social Security numbers, should not invited on: (a) Whether the collection of
the quality, utility, and clarity of the be included. information is necessary for the proper
information to be collected; and (d) FOR FURTHER INFORMATION CONTACT: performance of the functions of the
Ways to minimize the burden of the Documentation prepared in support of Bureau, including whether the
collection of information on this information collection request is information will have practical utility;
respondents, including through the use available at www.regulations.gov. (b) The accuracy of the Bureau’s
of automated collection techniques or Requests for additional information estimate of the burden of the collection
other forms of information technology. should be directed to the Consumer of information, including the validity of
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Document Created: 2016-05-14 01:16:44
Document Modified: 2016-05-14 01:16:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comment. | |
| Dates | Written comments are encouraged and must be received on or before June 15, 2016 to be assured of consideration. | |
| Contact | Documentation prepared in support of this information collection request is available at www.reginfo.gov (this link active on the day following publication of this notice). Select ``Information Collection Review,'' under ``Currently under Review'', use the dropdown menu ``Select Agency'' and select ``Consumer Financial Protection Bureau'' (recent submissions to OMB will be at the top of the list). The same documentation is also available at http://www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street, NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this email box. | |
| FR Citation | 81 FR 30255 |
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