81_FR_8165 81 FR 8133 - Unfair or Deceptive Acts or Practices (Regulation AA)

81 FR 8133 - Unfair or Deceptive Acts or Practices (Regulation AA)

FEDERAL RESERVE SYSTEM

Federal Register Volume 81, Issue 32 (February 18, 2016)

Page Range8133-8134
FR Document2016-03228

The Board of Governors of the Federal Reserve System (Board) is repealing its Regulation AA, which was issued pursuant to its rule writing authority under section 18(f)(1) of the Federal Trade Commission Act (FTC Act or Act). Section 1092(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) repealed section 18(f)(1) of the FTC Act, thus eliminating the Board's rule writing authority under the Act.

Federal Register, Volume 81 Issue 32 (Thursday, February 18, 2016)
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Rules and Regulations]
[Pages 8133-8134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03228]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / 
Rules and Regulations

[[Page 8133]]



FEDERAL RESERVE SYSTEM

12 CFR Part 227

[Docket No. R-1490; RIN 7100 AE-19]


Unfair or Deceptive Acts or Practices (Regulation AA)

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
is repealing its Regulation AA, which was issued pursuant to its rule 
writing authority under section 18(f)(1) of the Federal Trade 
Commission Act (FTC Act or Act). Section 1092(2) of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Dodd-Frank Act) repealed 
section 18(f)(1) of the FTC Act, thus eliminating the Board's rule 
writing authority under the Act.

DATES: The final rule is effective March 21, 2016.

FOR FURTHER INFORMATION CONTACT: Mandie K. Aubrey, Counsel, Division of 
Consumer and Community Affairs, at (202) 452-3667, Board of Governors 
of the Federal Reserve System, 20th and C Streets NW., Washington, DC 
20551. For users of Telecommunications Device for the Deaf (TDD) only, 
contact (202) 263-4869.

SUPPLEMENTARY INFORMATION: 

I. Background

    The FTC Act directs the Federal Trade Commission (FTC) to 
promulgate rules to define and prevent unfair or deceptive acts or 
practices for persons other than banks, savings and loans, and Federal 
credit unions.\1\ Pursuant to the Act, in 1984 the FTC issued its 
Credit Practices Rule, which applied to persons within the FTC's 
jurisdiction.\2\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 45 and 57a(a)(1).
    \2\ 16 CFR 444.1-.5.
---------------------------------------------------------------------------

    Prior to amendments to the FTC Act made by the Dodd-Frank Act in 
2010, section 18(f)(1) of the FTC Act required the Board to promulgate 
rules applicable to banks that were ``substantially similar'' to these 
FTC rules, with some exceptions.\3\ In addition, section 18(f)(1) of 
the Act provided the Board the authority to prescribe additional rules 
for banks addressing unfair or deceptive acts or practices--regardless 
of whether the FTC had promulgated rules about such acts or practices. 
The Act also required the Board to take appropriate action on 
complaints about unfair or deceptive acts or practices by banks.\4\
---------------------------------------------------------------------------

    \3\ Section 18(f)(1) of the Act was previously codified at 15 
U.S.C. 57a(f)(1). The Board was not required to impose substantially 
similar rules if it found that: (1) Such acts or practices of banks 
were not unfair or deceptive, or (2) implementation of similar 
regulations with respect to banks would seriously conflict with 
essential monetary and payments systems policies of the Board.
    \4\ The same authority that was conferred to the Board by 
section 18(f)(1) of the Act also applied to the Federal Home Loan 
Bank Board (FHLBB) (predecessor to the Office of Thrift 
Supervision), with respect to savings associations, and to the 
National Credit Union Administration (NCUA), with respect to Federal 
credit unions.
---------------------------------------------------------------------------

    Pursuant to its rule writing authority in section 18(f)(1) of the 
FTC Act, the Board issued Regulation AA, including the Board's credit 
practices rule, which was adopted in 1985.\5\ The Board's credit 
practices rule was substantially similar to the FTC's Credit Practices 
Rule; in adopting the rule, the Board relied on the extensive findings 
that had been made by the FTC that the prohibited practices were unfair 
or deceptive.
---------------------------------------------------------------------------

    \5\ 12 CFR part 227, subpart B.
---------------------------------------------------------------------------

    The Board's credit practices rule in Regulation AA prohibited banks 
from using certain remedies to enforce consumer credit obligations and 
from including these remedies in their consumer credit contracts. The 
rule also prohibited banks from: (1) Obligating a co-signer on the debt 
unless the co-signer previously received a clear and conspicuous 
written notice explaining the nature of the co-signer's obligations and 
liabilities under the contract; and (2) imposing a late fee when a 
consumer makes a full loan payment on time or within the grace period, 
solely because the consumer did not pay a previous late fee imposed on 
an earlier installment (the ``pyramiding'' of late fees).
    In addition, Regulation AA contained a provision that informed 
consumers how to file a complaint regarding a state member bank and 
explained the Board's procedure for responding to such complaints.\6\ 
Regulation AA also contained information regarding state exemptions 
from the credit practices rule.\7\ The Board published, separately from 
the regulation, Staff Guidelines to clarify how Regulation AA applied 
in particular circumstances.\8\
---------------------------------------------------------------------------

    \6\ 12 CFR 227.2. This provision listed an address to which 
consumers may send their complaint, and explained that consumers 
will receive, within 15 business days, either a substantive response 
or an acknowledgment setting a reasonable time for a substantive 
response.
    \7\ 12 CFR 227.16.
    \8\ http://www.federalreserve.gov/regulations/cg/crdtpracrul.htm.
---------------------------------------------------------------------------

    The Dodd-Frank Act \9\ repealed section 18(f)(1) of the FTC 
Act.\10\ This legislative repeal of the Board's rulemaking authority 
nullified the provisions in Regulation AA that were issued pursuant to 
that authority. Regulation AA did not transfer from the Board to the 
Consumer Financial Protection Bureau (Bureau) under the Dodd-Frank Act, 
as did other consumer protection laws and regulations.\11\ As a result, 
neither the Board nor the Bureau has authority to promulgate rules 
pursuant to the FTC Act. The Bureau, however, was given separate 
authority under the Dodd-Frank Act to promulgate rules to identify 
unfair, deceptive, or abusive acts or practices.\12\
---------------------------------------------------------------------------

    \9\ Public Law 111-203, 124 Stat. 1376 (Jul. 21, 2010).
    \10\ See section 1092(2) of the Dodd-Frank Act. The repeal of 
section 18(f)(1) of the FTC Act also repealed the authorities of the 
former FHLBB and the NCUA. See supra note 4. Section 1092(2) of the 
Dodd-Frank Act did not repeal FTC Act rule writing authority for the 
FTC, so the FTC Credit Practices Rule remains in effect. See supra 
note 2.
    \11\ The Dodd-Frank Act transferred rule writing authority only 
for ``Federal consumer financial laws,'' but did not include the FTC 
Act in the definition of ``Federal consumer financial law.'' 
Therefore, Regulation AA was excluded from the authority that 
transferred from the Board to the Bureau. See Dodd-Frank Act 
sections 1061(a)(1), (b)(1) (transferring authority of ``Federal 
consumer financial laws'' to the Bureau) and section 1002(14) 
(defining ``Federal consumer financial laws'').
    \12\ Section 1031 of the Dodd-Frank Act.
---------------------------------------------------------------------------

    In August 2014, the Board published a proposal to repeal Regulation 
AA (Proposed Rule).\13\ Simultaneously with the proposed repeal of 
Regulation AA, the Board joined the Bureau, Federal Deposit Insurance 
Corporation, NCUA, and Office of the Comptroller of the

[[Page 8134]]

Currency in issuing interagency guidance stating that, depending on the 
facts and circumstances, a depository institution might violate the 
prohibition against unfair or deceptive practices in the FTC Act and 
the Dodd-Frank Act if it engages in the practices prohibited by the 
former credit practices rules.\14\
---------------------------------------------------------------------------

    \13\ 79 FR 51115 (Aug. 27, 2014).
    \14\ ``Interagency Guidance Regarding Unfair or Deceptive Credit 
Practices'' (Aug. 22, 2014). http://www.federalreserve.gov/newsevents/press/bcreg/bcreg20140822a2.pdf.
---------------------------------------------------------------------------

II. Discussion

    Fourteen commenters responded to the proposed repeal of Regulation 
AA. Three individual commenters stated that Regulation AA was a 
necessary and helpful regulation; two of these commenters stated that 
the Board's reasons for repealing the regulation were unclear. A 
comment letter received from seven consumer advocate organizations 
acknowledged that the Board's repeal of Regulation AA was required by 
the Dodd-Frank Act. In their letter, these commenters also provided 
recommendations to the Bureau regarding acts or practices that the 
Bureau now has to authority to regulate if it finds they are unfair or 
deceptive.\15\
---------------------------------------------------------------------------

    \15\ One state chartered bank commenter did not address the 
proposed repeal, but objected to examiners' citations of banks for 
unfair or deceptive practices in the supervisory process. Two 
individual commenters did not address the proposed repeal of 
Regulation AA.
---------------------------------------------------------------------------

    Eight commenters addressed the interagency guidance that was issued 
simultaneously with the proposed repeal of Regulation AA. One 
individual commenter believed the guidance would discourage banks from 
engaging in unfair or deceptive acts or practices, but seven consumer 
advocate commenters recommended strengthening the guidance language. 
The consumer advocate commenters also recommended that the Board issue 
additional guidance regarding other acts or practices that the 
commenters believe should be declared unfair or deceptive acts or 
practices.
    The Board is finalizing the repeal of Regulation AA as proposed. As 
the Board discussed in the Proposed Rule, the Dodd-Frank Act eliminated 
the Board's rule writing authority under the FTC Act, which nullified 
the regulation. The Board will continue to monitor developments with 
respect to unfair or deceptive acts or practices and assess whether to 
issue additional supervisory guidance.
    The repeal of Regulation AA also eliminates Subpart A of the 
regulation, which generally describes the internal procedures used by 
the Board in handling consumer complaints. The Board did not receive 
comment on the removal of these internal procedures from the Code of 
Federal Regulations. Information about how the Board processes consumer 
complaints is provided on the Board's public Web site.\16\
---------------------------------------------------------------------------

    \16\ https://www.federalreserveconsumerhelp.gov/.
---------------------------------------------------------------------------

III. Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act \17\ (RFA) generally requires an 
agency to perform an assessment of the impact a rule is expected to 
have on small entities. Based on its analysis, and for the reasons 
stated below, the Board believes that this final rule will not have a 
significant economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \17\ 5 U.S.C. 601 et seq.
---------------------------------------------------------------------------

    1. Statement of the need for, and objectives of, the final rule. 
Regulation AA was issued pursuant to section 18(f)(1) of the FTC Act. 
As noted above, the Dodd-Frank Act repealed this provision of the FTC 
Act.\18\ Accordingly, the Board is repealing its Regulation AA.
---------------------------------------------------------------------------

    \18\ See section 1092(2) of the Dodd-Frank Act.
---------------------------------------------------------------------------

    2. Summary of issues raised by comments in response to the initial 
regulatory flexibility analysis. The Board did not receive any comments 
on the initial regulatory flexibility analysis.
    3. Small entities affected by the final rule. The final rule 
repeals Regulation AA, which was issued pursuant to section 18(f)(1) of 
the FTC. As a result of the FTC Act amendments made by the Dodd-Frank 
Act, the Board no longer has rule writing authority under section 
18(f)(1). The legislative repeal of the Board's rulemaking authority 
nullified the provisions in Regulation AA that were issued pursuant to 
that authority. Consequently, the Board's repeal of the regulation, 
which no longer has legal effect, will not affect any entity, including 
any small entity. The repeal of Regulation AA will also remove 
information about how the Board processes consumer complaints from the 
Code of Federal Regulations. This is not expected to have an effect on 
small entities because that information is provided on the Board's 
public Web site.
    4. Recordkeeping, reporting, and compliance requirements. The final 
rule repeals Regulation AA and therefore does not impose any 
recordkeeping, reporting, or compliance requirements on any entities.
    5. Significant alternatives to the final revisions. Because the 
repeal of Regulation AA will have no impact, there are no alternatives 
that would further minimize the economic impact of the final rule on 
small entities.

IV. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3506; 5 CFR 1320 Appendix A.1), the Board reviewed the rule 
under the authority delegated to the Federal Reserve by the Office of 
Management and Budget (OMB). The final rule contains no requirements 
subject to the PRA.

List of Subjects in 12 CFR Part 227

    Banks, Banking, Consumer protection, Credit, Federal Reserve 
System, Finance.

Authority and Issuance

    For the reasons set forth in the preamble, and under the authority 
of section 1092(2) of Public Law 111-203, 124 Stat. 1376 (Jul. 21, 
2010), the Board amends 12 CFR chapter II by removing part 227.

PART 227--[REMOVED]

    By order of the Board of Governors of the Federal Reserve 
System, February 11, 2016.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2016-03228 Filed 2-17-16; 8:45 am]
BILLING CODE-P



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                                           Rules and Regulations                                                                                            Federal Register
                                                                                                                                                            Vol. 81, No. 32

                                                                                                                                                            Thursday, February 18, 2016



                                           This section of the FEDERAL REGISTER                         Prior to amendments to the FTC Act                     In addition, Regulation AA contained
                                           contains regulatory documents having general              made by the Dodd-Frank Act in 2010,                    a provision that informed consumers
                                           applicability and legal effect, most of which             section 18(f)(1) of the FTC Act required               how to file a complaint regarding a state
                                           are keyed to and codified in the Code of                  the Board to promulgate rules                          member bank and explained the Board’s
                                           Federal Regulations, which is published under             applicable to banks that were                          procedure for responding to such
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     ‘‘substantially similar’’ to these FTC                 complaints.6 Regulation AA also
                                           The Code of Federal Regulations is sold by                rules, with some exceptions.3 In                       contained information regarding state
                                           the Superintendent of Documents. Prices of                addition, section 18(f)(1) of the Act                  exemptions from the credit practices
                                           new books are listed in the first FEDERAL                 provided the Board the authority to                    rule.7 The Board published, separately
                                           REGISTER issue of each week.                              prescribe additional rules for banks                   from the regulation, Staff Guidelines to
                                                                                                     addressing unfair or deceptive acts or                 clarify how Regulation AA applied in
                                                                                                     practices—regardless of whether the                    particular circumstances.8
                                           FEDERAL RESERVE SYSTEM                                    FTC had promulgated rules about such                      The Dodd-Frank Act 9 repealed
                                                                                                     acts or practices. The Act also required               section 18(f)(1) of the FTC Act.10 This
                                           12 CFR Part 227                                           the Board to take appropriate action on                legislative repeal of the Board’s
                                           [Docket No. R–1490; RIN 7100 AE–19]                       complaints about unfair or deceptive                   rulemaking authority nullified the
                                                                                                     acts or practices by banks.4                           provisions in Regulation AA that were
                                           Unfair or Deceptive Acts or Practices                        Pursuant to its rule writing authority              issued pursuant to that authority.
                                           (Regulation AA)                                           in section 18(f)(1) of the FTC Act, the                Regulation AA did not transfer from the
                                                                                                     Board issued Regulation AA, including                  Board to the Consumer Financial
                                           AGENCY:  Board of Governors of the                        the Board’s credit practices rule, which               Protection Bureau (Bureau) under the
                                           Federal Reserve System.                                   was adopted in 1985.5 The Board’s                      Dodd-Frank Act, as did other consumer
                                           ACTION: Final rule.                                       credit practices rule was substantially                protection laws and regulations.11 As a
                                                                                                     similar to the FTC’s Credit Practices                  result, neither the Board nor the Bureau
                                           SUMMARY:   The Board of Governors of the                  Rule; in adopting the rule, the Board                  has authority to promulgate rules
                                           Federal Reserve System (Board) is                         relied on the extensive findings that had              pursuant to the FTC Act. The Bureau,
                                           repealing its Regulation AA, which was                    been made by the FTC that the                          however, was given separate authority
                                           issued pursuant to its rule writing                       prohibited practices were unfair or                    under the Dodd-Frank Act to
                                           authority under section 18(f)(1) of the                   deceptive.                                             promulgate rules to identify unfair,
                                           Federal Trade Commission Act (FTC                            The Board’s credit practices rule in                deceptive, or abusive acts or practices.12
                                           Act or Act). Section 1092(2) of the                       Regulation AA prohibited banks from                       In August 2014, the Board published
                                           Dodd-Frank Wall Street Reform and                         using certain remedies to enforce                      a proposal to repeal Regulation AA
                                           Consumer Protection Act (Dodd-Frank                       consumer credit obligations and from                   (Proposed Rule).13 Simultaneously with
                                           Act) repealed section 18(f)(1) of the FTC                 including these remedies in their                      the proposed repeal of Regulation AA,
                                           Act, thus eliminating the Board’s rule                    consumer credit contracts. The rule also               the Board joined the Bureau, Federal
                                           writing authority under the Act.                          prohibited banks from: (1) Obligating a                Deposit Insurance Corporation, NCUA,
                                           DATES: The final rule is effective March                  co-signer on the debt unless the co-                   and Office of the Comptroller of the
                                           21, 2016.                                                 signer previously received a clear and                    6 12 CFR 227.2. This provision listed an address
                                           FOR FURTHER INFORMATION CONTACT:                          conspicuous written notice explaining                  to which consumers may send their complaint, and
                                           Mandie K. Aubrey, Counsel, Division of                    the nature of the co-signer’s obligations              explained that consumers will receive, within 15
                                           Consumer and Community Affairs, at                        and liabilities under the contract; and                business days, either a substantive response or an
                                                                                                     (2) imposing a late fee when a consumer                acknowledgment setting a reasonable time for a
                                           (202) 452–3667, Board of Governors of                                                                            substantive response.
                                           the Federal Reserve System, 20th and C                    makes a full loan payment on time or                      7 12 CFR 227.16.
                                           Streets NW., Washington, DC 20551. For                    within the grace period, solely because                   8 http://www.federalreserve.gov/regulations/cg/

                                           users of Telecommunications Device for                    the consumer did not pay a previous                    crdtpracrul.htm.
                                           the Deaf (TDD) only, contact (202) 263–                   late fee imposed on an earlier                            9 Public Law 111–203, 124 Stat. 1376 (Jul. 21,

                                           4869.                                                     installment (the ‘‘pyramiding’’ of late                2010).
                                                                                                                                                               10 See section 1092(2) of the Dodd-Frank Act. The
                                           SUPPLEMENTARY INFORMATION:                                fees).                                                 repeal of section 18(f)(1) of the FTC Act also
                                                                                                                                                            repealed the authorities of the former FHLBB and
                                           I. Background                                               3 Section 18(f)(1) of the Act was previously
                                                                                                                                                            the NCUA. See supra note 4. Section 1092(2) of the
                                                                                                     codified at 15 U.S.C. 57a(f)(1). The Board was not     Dodd-Frank Act did not repeal FTC Act rule writing
                                             The FTC Act directs the Federal Trade                   required to impose substantially similar rules if it   authority for the FTC, so the FTC Credit Practices
                                           Commission (FTC) to promulgate rules                      found that: (1) Such acts or practices of banks were   Rule remains in effect. See supra note 2.
                                           to define and prevent unfair or                           not unfair or deceptive, or (2) implementation of         11 The Dodd-Frank Act transferred rule writing

                                           deceptive acts or practices for persons                   similar regulations with respect to banks would        authority only for ‘‘Federal consumer financial
                                                                                                     seriously conflict with essential monetary and         laws,’’ but did not include the FTC Act in the
                                           other than banks, savings and loans, and                  payments systems policies of the Board.                definition of ‘‘Federal consumer financial law.’’
                                           Federal credit unions.1 Pursuant to the
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                                                                                                       4 The same authority that was conferred to the       Therefore, Regulation AA was excluded from the
                                           Act, in 1984 the FTC issued its Credit                    Board by section 18(f)(1) of the Act also applied to   authority that transferred from the Board to the
                                           Practices Rule, which applied to                          the Federal Home Loan Bank Board (FHLBB)               Bureau. See Dodd-Frank Act sections 1061(a)(1),
                                                                                                     (predecessor to the Office of Thrift Supervision),     (b)(1) (transferring authority of ‘‘Federal consumer
                                           persons within the FTC’s jurisdiction.2                                                                          financial laws’’ to the Bureau) and section 1002(14)
                                                                                                     with respect to savings associations, and to the
                                                                                                     National Credit Union Administration (NCUA),           (defining ‘‘Federal consumer financial laws’’).
                                             1 15   U.S.C. 45 and 57a(a)(1).                         with respect to Federal credit unions.                    12 Section 1031 of the Dodd-Frank Act.
                                             2 16   CFR 444.1–.5.                                      5 12 CFR part 227, subpart B.                           13 79 FR 51115 (Aug. 27, 2014).




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                                           8134             Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Rules and Regulations

                                           Currency in issuing interagency                         removal of these internal procedures                   further minimize the economic impact
                                           guidance stating that, depending on the                 from the Code of Federal Regulations.                  of the final rule on small entities.
                                           facts and circumstances, a depository                   Information about how the Board
                                                                                                                                                          IV. Paperwork Reduction Act
                                           institution might violate the prohibition               processes consumer complaints is
                                           against unfair or deceptive practices in                provided on the Board’s public Web                       In accordance with the Paperwork
                                           the FTC Act and the Dodd-Frank Act if                   site.16                                                Reduction Act (PRA) of 1995 (44 U.S.C.
                                           it engages in the practices prohibited by                                                                      3506; 5 CFR 1320 Appendix A.1), the
                                           the former credit practices rules.14                    III. Final Regulatory Flexibility                      Board reviewed the rule under the
                                                                                                   Analysis                                               authority delegated to the Federal
                                           II. Discussion                                                                                                 Reserve by the Office of Management
                                                                                                      The Regulatory Flexibility Act 17
                                              Fourteen commenters responded to                     (RFA) generally requires an agency to                  and Budget (OMB). The final rule
                                           the proposed repeal of Regulation AA.                   perform an assessment of the impact a                  contains no requirements subject to the
                                           Three individual commenters stated                      rule is expected to have on small                      PRA.
                                           that Regulation AA was a necessary and                  entities. Based on its analysis, and for
                                           helpful regulation; two of these                                                                               List of Subjects in 12 CFR Part 227
                                                                                                   the reasons stated below, the Board
                                           commenters stated that the Board’s                      believes that this final rule will not have              Banks, Banking, Consumer protection,
                                           reasons for repealing the regulation                    a significant economic impact on a                     Credit, Federal Reserve System,
                                           were unclear. A comment letter received                 substantial number of small entities.                  Finance.
                                           from seven consumer advocate                               1. Statement of the need for, and                   Authority and Issuance
                                           organizations acknowledged that the                     objectives of, the final rule. Regulation
                                           Board’s repeal of Regulation AA was                                                                              For the reasons set forth in the
                                                                                                   AA was issued pursuant to section                      preamble, and under the authority of
                                           required by the Dodd-Frank Act. In their                18(f)(1) of the FTC Act. As noted above,
                                           letter, these commenters also provided                                                                         section 1092(2) of Public Law 111–203,
                                                                                                   the Dodd-Frank Act repealed this                       124 Stat. 1376 (Jul. 21, 2010), the Board
                                           recommendations to the Bureau                           provision of the FTC Act.18
                                           regarding acts or practices that the                                                                           amends 12 CFR chapter II by removing
                                                                                                   Accordingly, the Board is repealing its                part 227.
                                           Bureau now has to authority to regulate
                                                                                                   Regulation AA.
                                           if it finds they are unfair or deceptive.15
                                              Eight commenters addressed the                          2. Summary of issues raised by                      PART 227—[REMOVED]
                                           interagency guidance that was issued                    comments in response to the initial
                                           simultaneously with the proposed                        regulatory flexibility analysis. The                     By order of the Board of Governors of the
                                           repeal of Regulation AA. One individual                 Board did not receive any comments on                  Federal Reserve System, February 11, 2016.
                                           commenter believed the guidance                         the initial regulatory flexibility analysis.           Robert deV. Frierson,
                                           would discourage banks from engaging                       3. Small entities affected by the final             Secretary of the Board.
                                           in unfair or deceptive acts or practices,               rule. The final rule repeals Regulation                [FR Doc. 2016–03228 Filed 2–17–16; 8:45 am]
                                           but seven consumer advocate                             AA, which was issued pursuant to                       BILLING CODE–P
                                           commenters recommended                                  section 18(f)(1) of the FTC. As a result
                                           strengthening the guidance language.                    of the FTC Act amendments made by
                                           The consumer advocate commenters                        the Dodd-Frank Act, the Board no
                                                                                                                                                          DEPARTMENT OF TRANSPORTATION
                                           also recommended that the Board issue                   longer has rule writing authority under
                                           additional guidance regarding other acts                section 18(f)(1). The legislative repeal of            Federal Aviation Administration
                                           or practices that the commenters believe                the Board’s rulemaking authority
                                           should be declared unfair or deceptive                  nullified the provisions in Regulation                 14 CFR Part 39
                                           acts or practices.                                      AA that were issued pursuant to that
                                              The Board is finalizing the repeal of                authority. Consequently, the Board’s                   [Docket No. FAA–2016–0467; Directorate
                                                                                                                                                          Identifier 2016–NM–008–AD; Amendment
                                           Regulation AA as proposed. As the                       repeal of the regulation, which no
                                                                                                                                                          39–18395; AD 2016–04–01]
                                           Board discussed in the Proposed Rule,                   longer has legal effect, will not affect
                                           the Dodd-Frank Act eliminated the                       any entity, including any small entity.                RIN 2120–AA64
                                           Board’s rule writing authority under the                The repeal of Regulation AA will also
                                           FTC Act, which nullified the regulation.                remove information about how the                       Airworthiness Directives; Airbus
                                           The Board will continue to monitor                      Board processes consumer complaints                    Airplanes
                                           developments with respect to unfair or                  from the Code of Federal Regulations.                  AGENCY:  Federal Aviation
                                           deceptive acts or practices and assess                  This is not expected to have an effect on              Administration (FAA), Department of
                                           whether to issue additional supervisory                 small entities because that information                Transportation (DOT).
                                           guidance.                                               is provided on the Board’s public Web                  ACTION: Final rule; request for
                                              The repeal of Regulation AA also                     site.                                                  comments.
                                           eliminates Subpart A of the regulation,                    4. Recordkeeping, reporting, and
                                           which generally describes the internal                  compliance requirements. The final rule                SUMMARY:   We are superseding
                                           procedures used by the Board in                         repeals Regulation AA and therefore                    Airworthiness Directive (AD) 2015–26–
                                           handling consumer complaints. The                       does not impose any recordkeeping,                     02 for all Airbus Model A330–200,
                                           Board did not receive comment on the                    reporting, or compliance requirements                  A330–200 Freighter, and A330–300
                                                                                                   on any entities.                                       series airplanes; and Airbus Model
                                             14 ‘‘Interagency Guidance Regarding Unfair or
                                                                                                      5. Significant alternatives to the final            A340–200, A340–300, A340–500, and
                                           Deceptive Credit Practices’’ (Aug. 22, 2014).
                                                                                                   revisions. Because the repeal of                       A340–600 series airplanes. AD 2015–
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                                           http://www.federalreserve.gov/newsevents/press/
                                           bcreg/bcreg20140822a2.pdf.                              Regulation AA will have no impact,                     26–02 required, for certain airplanes,
                                             15 One state chartered bank commenter did not
                                                                                                   there are no alternatives that would                   identification of the part number, serial
                                           address the proposed repeal, but objected to                                                                   number, and standard of the ram air
                                           examiners’ citations of banks for unfair or deceptive
                                           practices in the supervisory process. Two
                                                                                                     16 https://www.federalreserveconsumerhelp.gov/.      turbine (RAT) pump, RAT module, RAT
                                           individual commenters did not address the                 17 5   U.S.C. 601 et seq.                            actuator, and RAT lower gearbox
                                           proposed repeal of Regulation AA.                         18 See   section 1092(2) of the Dodd-Frank Act.      assembly; replacement of the balance


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Document Created: 2016-02-18 07:46:59
Document Modified: 2016-02-18 07:46:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe final rule is effective March 21, 2016.
ContactMandie K. Aubrey, Counsel, Division of Consumer and Community Affairs, at (202) 452-3667, Board of Governors of the Federal Reserve System, 20th and C Streets NW., Washington, DC 20551. For users of Telecommunications Device for the Deaf (TDD) only, contact (202) 263-4869.
FR Citation81 FR 8133 
CFR AssociatedBanks; Banking; Consumer Protection; Credit; Federal Reserve System and Finance

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