83 FR 10437 - Request for Information Regarding Bureau Rulemaking Processes

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range		10437-10440
FR Document		2018-04824

The Bureau of Consumer Financial Protection (Bureau) is seeking comments and information from interested parties to assist the Bureau in assessing the overall efficiency and effectiveness of its rulemaking processes and, consistent with law, considering whether any changes to its rulemaking processes would be appropriate.

Federal Register, Volume 83 Issue 47 (Friday, March 9, 2018)

[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10437-10440]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04824]

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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2018-0009]

Request for Information Regarding Bureau Rulemaking Processes

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice and request for information.

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SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is
seeking comments and information from interested parties to assist the
Bureau in assessing the overall efficiency and effectiveness of its
rulemaking processes and, consistent with law, considering whether any
changes to its rulemaking processes would be appropriate.

DATES: Comments must be received by June 7, 2018.

ADDRESSES: You may submit responsive information and other comments,
identified by Docket No. CFPB-2018-0009, by any of the following
methods:
Electronic: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Email: FederalRegisterComments@cfpb.gov. Include Docket
No. CFPB-2018-0009 in the subject line of the message.
Mail: Comment Intake, Consumer Financial Protection
Bureau, 1700 G Street NW, Washington, DC 20552.
Hand Delivery/Courier: Comment Intake, Consumer Financial
Protection Bureau, 1700 G Street NW, Washington, DC 20552.
Instructions: The Bureau encourages the early submission of
comments. All submissions must include the document title and docket
number. Please note the number of the topic on which you are commenting
at the top of each response (you do not need to address all topics).
Because paper mail in the Washington, DC area and at the Bureau is
subject to delay, commenters are encouraged to submit comments
electronically. In general, all comments received will be posted
without change to http://www.regulations.gov. In addition, comments
will be available for public inspection and copying at 1700 G Street
NW, Washington, DC 20552, on official business days between the hours
of 10 a.m. and 5 p.m. eastern time. You can make an appointment to
inspect the documents by telephoning 202-435-7275.
All submissions in response to this request for information,
including attachments and other supporting materials, will become part
of the public record and subject to public disclosure. Proprietary
information or sensitive personal information, such as account numbers
or Social Security numbers, or names of other individuals, should not
be included. Submissions will not be edited to remove any identifying
or contact information.

FOR FURTHER INFORMATION CONTACT: Kristine M. Andreassen and Owen
Bonheimer, Senior Counsels, Office of Regulations, at 202-435-7700. If
you require this document in an alternative

[[Page 10438]]

electronic format, please contact CFPB_Accessibility@cfpb.gov.

SUPPLEMENTARY INFORMATION:

Background on Statutory Requirements Relevant to the Bureau's
Rulemaking Process

The Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank Act) \1\ states that the Bureau is authorized to exercise
its authorities under Federal consumer financial law to administer,
enforce, and otherwise implement the provisions of Federal consumer
financial law.\2\ The Dodd-Frank Act further authorizes the Director of
the Bureau to prescribe rules as may be necessary or appropriate to
enable the Bureau to administer and carry out the purposes and
objectives of the Federal consumer financial laws, including both
enumerated consumer laws \3\ and provisions of title X of the Dodd-
Frank Act,\4\ and to prevent evasions thereof.\5\ The Bureau has
engaged in rulemakings mandated by Congress as well as discretionary
rulemakings pursuant to these and other authorities. The Bureau's
rulemaking processes are subject to a number of statutory requirements,
including those discussed below.
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\1\ Public Law 111-203, 124 Stat. 2081 (2010).
\2\ 12 U.S.C. 5512(a).
\3\ Enumerated consumer laws are the 18 statutes (or portions
thereof) specifically listed in the Dodd-Frank Act, including, for
example, the Fair Credit Billing Act, the Fair Debt Collection
Practices Act, the Home Mortgage Disclosure Act of 1975, the Truth
in Lending Act, and the Truth in Savings Act. 12 U.S.C. 5481(12).
The Bureau has rulemaking authority for these and certain other
Federal consumer financial laws as defined by 12 U.S.C. 5481(14).
See generally 12 U.S.C. 5512.
\4\ This includes the Dodd-Frank Act's prohibition against
unfair, deceptive, or abusive acts or practices. 12 U.S.C. 5531.
\5\ 12 U.S.C. 5512(b)(1).
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Notice-and-comment requirements for rulemakings. The Administrative
Procedure Act (APA) requires a Federal agency to publish a notice of
proposed rulemaking (NPRM) in the Federal Register whenever it
formulates, amends, or repeals rules, unless an exception applies.\6\
The Bureau's NPRMs typically include the following: (1) Background
sections, which provide information about the relevant market(s) and
other applicable laws and regulations; (2) section-by-section analysis
of proposed regulatory text and the official interpretations thereto
(also referred to as commentary); (3) proposed impact analyses, as
described below; and (4) the proposed regulatory text and commentary.
(Items 1-3 are referred to collectively as preamble.) A final rule also
includes in its preamble a summary of and response to comments received
on the NPRM (including on its proposed impact analyses), and an
explanation of changes from the NPRM.
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\6\ 5 U.S.C. 553(b). The APA includes exceptions for
interpretive rules, general statements of policy, rules of agency
organization, procedure, or practice, or when the agency for good
cause finds that notice and comment are impracticable, unnecessary,
or contrary to the public interest. This RFI is focused on the
Bureau's processes for substantive or ``legislative'' rulemakings,
not those occurring under an exception in the APA.
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Small business review process required for certain rulemakings. The
Regulatory Flexibility Act (RFA) \7\ requires the Bureau to engage in a
small business feedback process prior to proposing a rule for which (1)
the APA requires notice and comment and (2) the Bureau does not certify
that the proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities.\8\ Prior to
issuing an NPRM in these rulemakings, a review panel must seek input
from a representative cross section of affected small entities to
obtain advice and recommendations on proposals the Bureau is
considering. The Bureau refers to this review panel as a SBREFA panel,
as it is governed by the provisions added to the RFA by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).\9\ The
panel must be comprised of representatives from the Bureau, the Office
of Management and Budget's Office of Information and Regulatory Affairs
(OMB OIRA), and the Small Business Administration's (SBA) Office of
Advocacy. The panel is required to prepare a report on its findings and
make this report part of the rulemaking record. The Bureau typically
releases a SBREFA panel report, and any written comments from the small
entity representatives, to the public at the same time that it releases
an NPRM. As required by SBREFA, the Bureau's NPRMs reflect how the
Bureau has acted on or otherwise responded to the report's
recommendations. Additionally, in these rulemakings, as discussed
further below, the RFA also requires additional impacts analysis
concerning small entities, including consideration of potential
alternatives.\10\
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\7\ Public Law 96-354, 94 Stat. 1164 (1980) (codified at 5
U.S.C. 601 et seq.).
\8\ 5 U.S.C. 609.
\9\ Public Law 104-21, section 241, 110 Stat. 847, 864-65
(1996). These RFA requirements also apply to two other Federal
agencies (the Environmental Protection Agency and the Occupational
Safety and Health Administration). 5 U.S.C. 609(d). To date, the
Bureau has conducted SBREFA panels for rulemakings regarding the
integration of Truth in Lending Act and Real Estate Settlement
Procedures Act mortgage disclosure requirements; mortgage servicing;
residential mortgage loan origination standards; the Home Mortgage
Disclosure Act; payday, vehicle, title, and similar loans;
arbitration agreements; and debt collection. For issued SBREFA panel
reports, see Bureau of Consumer Fin. Prot., ``Small Business Review
Panels,'' https://www.consumerfinance.gov/policy-compliance/rulemaking/small-business-review-panels/ (last visited Feb. 26,
2018).
\10\ 5 U.S.C. 605(b).
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Analysis of impacts of proposed and final rules. The Dodd-Frank Act
requires the Bureau to consider, in prescribing a rule under the
Federal consumer financial laws, the potential benefits and costs to
consumers and covered persons, including the potential reduction of
access by consumers to consumer financial products or services
resulting from the rule.\11\ The Bureau also must consider the impact
of proposed rules on depository institutions and credit unions with $10
billion or less in assets and on consumers in rural areas.\12\ The RFA
requires the Bureau either to certify that the rule will not have a
significant economic impact on a substantial number of small entities
or to analyze the rule's impacts on small entities and potential
alternatives, as described above. The Paperwork Reduction Act \13\ also
requires the Bureau to identify the impact of information collection
requirements in the rule and to meet certain other procedural
requirements in connection with information collections. These impacts
analyses are included in an NPRM and reviewed for final rules in light
of comments received and further analysis.
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\11\ 12 U.S.C. 5512(b)(2)(A)(i).
\12\ 12 U.S.C. 5512(b)(2)(A)(ii).
\13\ 44 U.S.C. 3501 et seq.
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Relatedly, pursuant to the Congressional Review Act (CRA), the
Bureau must prepare a report on each final rule for each House of
Congress and the Comptroller General of the Government Accountability
Office.\14\ This report must include, among other things, the decision
by the administrator of OMB OIRA as to whether the rule is a ``major
rule'' as defined by the CRA.\15\
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\14\ 5 U.S.C. 801(a)(1)(A).
\15\ 5 U.S.C. 801(a)(1)(ii); 5 U.S.C. 804(2).
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Consultation with other Federal agencies. The Dodd-Frank Act
requires that the Bureau consult with appropriate prudential regulators
or other Federal agencies prior to proposing a rule and before issuing
a final rule regarding consistency with prudential, market, or systemic
objectives administered by such agencies.\16\ In addition, as required
by the Dodd-Frank Act, the Bureau and the Federal Trade Commission
(FTC) have entered into a Memorandum of Understanding that provides for
the Bureau and the FTC to consult with one another before proposing or
finalizing a

[[Page 10439]]

rule concerning unfair, deceptive, or abusive acts or practices, to
avoid duplication or conflict between the agencies' respective
rulemaking activities in this area.\17\
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\16\ 12 U.S.C. 5512(b)(2)(B).
\17\ 12 U.S.C. 5581(b)(5)(D) (requiring this Memorandum of
Understanding). The Bureau also must consult with the FTC before
issuing a rule to define covered persons subject to its supervision
authority. 12 U.S.C. 5514(a)(2).
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Overview of This Request for Information

While many elements of Federal agency rulemaking are required by
law, a number of the Bureau's rulemaking processes, and certain aspects
of how the Bureau implements required processes, are discretionary, and
the Bureau is using this request for information (RFI) to seek public
input regarding these discretionary aspects of its rulemaking processes
(the Bureau's processes). The Bureau encourages comments from all
interested members of the public. The Bureau anticipates that the
responding public may include entities and individuals subject to
Bureau rules, trade associations that represent these businesses,
individual consumers, consumer advocates, regulators, researchers or
members of academia, and other entities or individuals that have
submitted comments regarding Bureau rulemakings or provided feedback
through other mechanisms.
The Bureau will issue subsequent RFIs seeking public input
regarding potential modifications to both regulations adopted by the
Bureau and those inherited from other agencies, as well as about
overall effectiveness and accessibility of the Bureau's guidance and
implementation support. The purpose of this RFI is to seek feedback on
the Bureau's processes outlined below; the Bureau is not seeking
comment in this RFI on the content of any particular proposed or final
rule. To provide comments on the Bureau's use of public and non-public
external engagements, such as field hearings, town halls, and
roundtables, please respond to the specific RFI on that topic, Docket
No. CFPB-2018-0005, 83 FR 8247 (Feb. 26, 2018).

Suggested Topics for Commenters

To allow the Bureau to more effectively evaluate suggestions, the
Bureau requests that, where possible, comments include:
Specific discussion of the positive and negative aspects
of the Bureau's processes;
Specific suggestions regarding any potential updates or
modifications to the Bureau's processes, consistent with the laws
governing rulemaking processes, including, in as much detail as
possible, the potential updates or modifications, supporting data or
other information on impacts and costs of participation in rulemakings
and on suggested changes thereto, information related to consumer and
public benefit that might result from such changes, or information
concerning alignment with the processes of other agencies with similar
authorities; and
Specific identification of any aspects of the Bureau's
processes that should not be modified, consistent with the laws
governing rulemaking processes, and including, in as much detail as
possible, supporting data or other information on impacts and costs,
information related to consumer and public benefit resulting from these
processes, or information concerning alignment with the processes of
other agencies with similar authorities.
The Bureau is seeking feedback on all discretionary aspects of the
Bureau's processes, including current practices, timelines, and
potential improvements in each stage of these processes. The following
non-exhaustive list outlines the various stages of the Bureau's
processes and includes particular queries regarding certain components
of each stage. This list and related queries represent a preliminary
attempt by the Bureau to identify elements of the Bureau's processes
that may be of particular interest to the public. This list is meant to
assist in the formulation of comments and is not intended to restrict
the issues that may be addressed. In addressing these topics or others,
the Bureau requests that commenters identify with specificity the
Bureau practices at issue, providing citations to specific rulemakings
or laws governing rulemakings where appropriate and available. Comments
are welcome on any or all of the topics below, but please be sure to
indicate on which topic or topic number you are commenting.
The Bureau is seeking feedback on all aspects of the Bureau's
processes including, but not limited to:

Initial Outreach and Information Gathering

1. Mechanisms used by the Bureau for gathering information, data,
and feedback from stakeholders (i.e., industry, consumer advocates, and
others) in advance of the steps outlined separately below, including:
a. RFIs concerning market conditions or issues, particular
regulatory options, or the process or content of Bureau research, or
advance notices of proposed rulemaking inviting public comment to shape
a potential proposed rule.
b. Efforts to gather data from industry, academia, think tanks,
consumer groups, and others to support quantitative analysis. Comment
is specifically sought on methods by which the Bureau might better
obtain meaningful, nationally representative data from stakeholders for
use in assessing benefits and costs of proposed rules. The Bureau is
particularly interested in suggestions on how the Bureau might best
encourage industry and other stakeholders to share data to inform a
potential proposed rule and whether concerns about treatment of
proprietary business data could be better addressed consistent with
existing law.
2. Convening a SBREFA panel, when required as described above,
including:
a. The outline of the proposal under consideration and the analysis
of potential impacts on small entities and regulatory alternatives that
are released at the start of the SBREFA panel process.
b. Selection of and interaction with small entity representatives
during the SBREFA panel process.
c. The SBREFA panel report.
d. Outreach to other stakeholders on the basis of public release of
the outline of the proposal under consideration.
3. Consultations with tribal governments in certain circumstances,
which pursuant to Bureau policy may occur through meetings, telephone
conferences, and other forms of communication and outreach prior to
issuing an NPRM, as well as through a formal request for comment from
tribal governments and tribal members in an NPRM.\18\
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\18\ See Bureau of Consumer Fin. Prot., ``Policy for
Consultation with Tribal Governments,'' available at http://files.consumerfinance.gov/f/201304_cfpb_consultations.pdf.
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Notices of Proposed Rulemaking

4. The content of the NPRM itself, including:
a. The background section, which provides information about the
relevant market and other applicable laws and regulations.
b. Section-by-section analysis of the proposed regulatory text and
commentary, including the level of detail regarding the Bureau's
rationale for its proposed rule, responsiveness to SBREFA panel report
recommendations (where applicable), the level of detail in the section-
by-section analysis about the NPRM's draft regulatory text and
commentary, and the questions and topics about which comment is
requested.
c. Impact analyses for the proposed rule, including the qualitative
and

[[Page 10440]]

quantitative analysis therein, and the data on which they rely.
d. The proposed regulatory text and commentary, including the
Bureau's use of commentary, appendices, and model or sample forms to
provide interpretations and illustrations of regulatory text and,
relatedly, the level of detail and the quantity of examples contained
in proposed commentary.
5. The Bureau's issuance of the NPRM, including the Bureau's
general practice of releasing the NPRM on its website in advance of
publication in the Federal Register, and supporting materials the
Bureau may release simultaneously with an NPRM, such as a press release
or consumer-facing blog post, as well as other high-level or summary
material regarding the content of the NPRM.
6. Comment periods for NPRMs, including the length of the comment
period and extensions of comment periods in certain circumstances,
whether and in what circumstances the Bureau should provide ``reply
periods'' for commenters to review and formally respond to other
commenters' comment letters, and whether and to what extent the Bureau
should consider comments received after the close of the comment
period.
7. Mechanisms for encouraging additional feedback on all or part of
a NPRM, including the use of online tools to solicit public feedback
such as, for example, the Bureau's engagement from 2012 to 2014 with
Cornell University's eRulemaking Initiative to garner public feedback
via Cornell's website.\19\
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\19\ Reports based on comments received using this process were
included in the relevant rulemaking dockets. See Cornell U.,
``Cornell eRulemaking Initiative,'' http://regulationroom.org (last
visited Feb. 26, 2018).
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8. The Bureau's processing and posting of comments received to its
electronic docket on http://www.regulations.gov, including the ways of
accepting comments, the timeframe to post comments, treatment of
duplicative or largely duplicative comments, posting similar or related
comments in batches rather than as separate entries, treatment of
anonymous comments, treatment of comments where there may be questions
about the commenter's identity, and ways to tabulate comments received.
9. Outreach and engagement by the Bureau during and after the
comment period, including meetings with stakeholders, and disclosure of
such communications under the Bureau's ex parte policy.\20\
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\20\ See Policy on Ex Parte Presentations in Rulemakings, 76 FR
18687 (Apr. 21, 2017) (revising policy in place since August 16,
2011). Written ex parte communications and summaries of oral ex
parte communications are posted to the rulemaking docket on http://www.regulations.gov together with public comments received through
the avenues specified in the NPRM.
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10. Consideration of new data, studies, and reports issued by other
agencies or third parties after the NPRM is released.

Final Rules

11. The content of the notice issuing the final rule, including
each of the elements listed above in topic 4 (for NPRMs) as well as the
Bureau's explanation of its rationale for the final rule, the
discussion in the section-by-section analysis about the final rule's
regulatory text and commentary, the summary of and response to comments
received on the NPRM (including those specifically regarding the impact
analyses), and the explanation of changes from the NPRM.
12. The Bureau's release of the final rule on its website in
advance of publication in the Federal Register and supporting materials
the Bureau may release simultaneously with a final rule, which may
include a press release, consumer-facing blog post, remarks by the
Bureau's Director presented at a public event or press call, other
high-level or summary material regarding the content of the final rule,
and select regulatory implementation materials.

Authority: 12 U.S.C. 5511(c).

Dated: March 6, 2018.
Mick Mulvaney,
Acting Director, Bureau of Consumer Financial Protection.
[FR Doc. 2018-04824 Filed 3-8-18; 8:45 am]
BILLING CODE 4810-AM-P

10438 Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

electronic format, please contact CFPB_ referred to as commentary); (3) proposed discussed further below, the RFA also
Accessibility@cfpb.gov. impact analyses, as described below; requires additional impacts analysis
SUPPLEMENTARY INFORMATION: and (4) the proposed regulatory text and concerning small entities, including
commentary. (Items 1–3 are referred to consideration of potential alternatives.10
Background on Statutory Requirements collectively as preamble.) A final rule Analysis of impacts of proposed and
Relevant to the Bureau’s Rulemaking also includes in its preamble a summary final rules. The Dodd-Frank Act requires
Process of and response to comments received the Bureau to consider, in prescribing a
The Dodd-Frank Wall Street Reform on the NPRM (including on its proposed rule under the Federal consumer
and Consumer Protection Act (Dodd- impact analyses), and an explanation of financial laws, the potential benefits
Frank Act) 1 states that the Bureau is changes from the NPRM. and costs to consumers and covered
authorized to exercise its authorities Small business review process persons, including the potential
under Federal consumer financial law to required for certain rulemakings. The reduction of access by consumers to
administer, enforce, and otherwise Regulatory Flexibility Act (RFA) 7 consumer financial products or services
implement the provisions of Federal requires the Bureau to engage in a small resulting from the rule.11 The Bureau
consumer financial law.2 The Dodd- business feedback process prior to also must consider the impact of
Frank Act further authorizes the proposing a rule for which (1) the APA proposed rules on depository
Director of the Bureau to prescribe rules requires notice and comment and (2) the institutions and credit unions with $10
as may be necessary or appropriate to Bureau does not certify that the billion or less in assets and on
enable the Bureau to administer and proposed rule, if promulgated, will not consumers in rural areas.12 The RFA
carry out the purposes and objectives of have a significant economic impact on requires the Bureau either to certify that
the Federal consumer financial laws, a substantial number of small entities.8 the rule will not have a significant
including both enumerated consumer Prior to issuing an NPRM in these economic impact on a substantial
laws 3 and provisions of title X of the rulemakings, a review panel must seek number of small entities or to analyze
Dodd-Frank Act,4 and to prevent input from a representative cross section the rule’s impacts on small entities and
evasions thereof.5 The Bureau has of affected small entities to obtain potential alternatives, as described
engaged in rulemakings mandated by advice and recommendations on above. The Paperwork Reduction Act 13
Congress as well as discretionary proposals the Bureau is considering. also requires the Bureau to identify the
rulemakings pursuant to these and other The Bureau refers to this review panel impact of information collection
authorities. The Bureau’s rulemaking as a SBREFA panel, as it is governed by requirements in the rule and to meet
processes are subject to a number of the provisions added to the RFA by the certain other procedural requirements in
statutory requirements, including those Small Business Regulatory Enforcement connection with information
discussed below. Fairness Act of 1996 (SBREFA).9 The collections. These impacts analyses are
Notice-and-comment requirements for panel must be comprised of included in an NPRM and reviewed for
rulemakings. The Administrative representatives from the Bureau, the final rules in light of comments received
Procedure Act (APA) requires a Federal Office of Management and Budget’s and further analysis.
agency to publish a notice of proposed Office of Information and Regulatory Relatedly, pursuant to the
rulemaking (NPRM) in the Federal Affairs (OMB OIRA), and the Small Congressional Review Act (CRA), the
Register whenever it formulates, Business Administration’s (SBA) Office Bureau must prepare a report on each
amends, or repeals rules, unless an of Advocacy. The panel is required to final rule for each House of Congress
exception applies.6 The Bureau’s prepare a report on its findings and and the Comptroller General of the
NPRMs typically include the following: make this report part of the rulemaking Government Accountability Office.14
(1) Background sections, which provide record. The Bureau typically releases a This report must include, among other
information about the relevant market(s) SBREFA panel report, and any written things, the decision by the administrator
and other applicable laws and comments from the small entity of OMB OIRA as to whether the rule is
regulations; (2) section-by-section representatives, to the public at the a ‘‘major rule’’ as defined by the CRA.15
analysis of proposed regulatory text and same time that it releases an NPRM. As Consultation with other Federal
the official interpretations thereto (also required by SBREFA, the Bureau’s agencies. The Dodd-Frank Act requires
NPRMs reflect how the Bureau has that the Bureau consult with
1 Public Law 111–203, 124 Stat. 2081 (2010). acted on or otherwise responded to the appropriate prudential regulators or
2 12 U.S.C. 5512(a). report’s recommendations. other Federal agencies prior to
3 Enumerated consumer laws are the 18 statutes
Additionally, in these rulemakings, as proposing a rule and before issuing a
(or portions thereof) specifically listed in the Dodd-
Frank Act, including, for example, the Fair Credit 7 Public Law 96–354, 94 Stat. 1164 (1980)
final rule regarding consistency with
Billing Act, the Fair Debt Collection Practices Act, prudential, market, or systemic
the Home Mortgage Disclosure Act of 1975, the (codified at 5 U.S.C. 601 et seq.).
Truth in Lending Act, and the Truth in Savings Act.
8 5 U.S.C. 609. objectives administered by such
12 U.S.C. 5481(12). The Bureau has rulemaking
9 Public Law 104–21, section 241, 110 Stat. 847, agencies.16 In addition, as required by
authority for these and certain other Federal 864–65 (1996). These RFA requirements also apply the Dodd-Frank Act, the Bureau and the
consumer financial laws as defined by 12 U.S.C. to two other Federal agencies (the Environmental
Protection Agency and the Occupational Safety and
Federal Trade Commission (FTC) have
5481(14). See generally 12 U.S.C. 5512.
4 This includes the Dodd-Frank Act’s prohibition Health Administration). 5 U.S.C. 609(d). To date, entered into a Memorandum of
against unfair, deceptive, or abusive acts or
the Bureau has conducted SBREFA panels for Understanding that provides for the
rulemakings regarding the integration of Truth in Bureau and the FTC to consult with one
practices. 12 U.S.C. 5531.
Lending Act and Real Estate Settlement Procedures
5 12 U.S.C. 5512(b)(1).
Act mortgage disclosure requirements; mortgage another before proposing or finalizing a
6 5 U.S.C. 553(b). The APA includes exceptions
amozie on DSK30RV082PROD with NOTICES

servicing; residential mortgage loan origination
for interpretive rules, general statements of policy, standards; the Home Mortgage Disclosure Act; 10 5 U.S.C. 605(b).
rules of agency organization, procedure, or practice, payday, vehicle, title, and similar loans; arbitration 11 12 U.S.C. 5512(b)(2)(A)(i).
or when the agency for good cause finds that notice agreements; and debt collection. For issued 12 12 U.S.C. 5512(b)(2)(A)(ii).
and comment are impracticable, unnecessary, or SBREFA panel reports, see Bureau of Consumer 13 44 U.S.C. 3501 et seq.
contrary to the public interest. This RFI is focused Fin. Prot., ‘‘Small Business Review Panels,’’ https://
14 5 U.S.C. 801(a)(1)(A).
on the Bureau’s processes for substantive or www.consumerfinance.gov/policy-compliance/
15 5 U.S.C. 801(a)(1)(ii); 5 U.S.C. 804(2).
‘‘legislative’’ rulemakings, not those occurring rulemaking/small-business-review-panels/ (last
under an exception in the APA. visited Feb. 26, 2018). 16 12 U.S.C. 5512(b)(2)(B).

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Document Created: 2018-03-09 03:48:27
Document Modified: 2018-03-09 03:48:27

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 information.
Dates		Comments must be received by June 7, 2018.
Contact		Kristine M. Andreassen and Owen Bonheimer, Senior Counsels, Office of Regulations, at 202-435-7700. If you require this document in an alternative electronic format, please contact [email protected]
FR Citation		83 FR 10437