83 FR 12505 - Request for Information Regarding Bureau Rules of Practice for Adjudication Proceedings
BUREAU OF CONSUMER FINANCIAL PROTECTION Federal Register Volume 83, Issue 56 (March 22, 2018)
Federal Register Volume 83, Issue 56 (March 22, 2018)
| Page Range | 12505-12506 | |
| FR Document | 2018-05780 |
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)] [Proposed Rules] [Pages 12505-12506] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05780] ======================================================================= ----------------------------------------------------------------------- BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1081 [Docket No. CFPB-2018-0002] Request for Information Regarding Bureau Rules of Practice for Adjudication Proceedings AGENCY: Bureau of Consumer Financial Protection. ACTION: Request for information; extension of comment period. ----------------------------------------------------------------------- SUMMARY: On February 5, 2018, the Bureau of Consumer Financial Protection (Bureau) published a Request for Information Regarding Bureau Rules of Practice for Adjudication Proceedings (RFI), which provided that comments must be received on or before April 6, 2018. On February 22, 2018, the Bureau received a letter from two industry trade associations requesting a 30-day comment period extension for this RFI and for two other Bureau Requests for Information. The additional time is requested in order to allow commenters to develop meaningful responses to the RFI and the other identified Requests for Information. The Bureau believes the extension will allow all stakeholders the opportunity to provide more robust responses. In response to this request, the Bureau has determined that a 30 day extension of the comment period is appropriate. DATES: The comment period for the Request for Information Regarding Bureau Rules of Practice for Adjudication Proceedings, published February 5, 2018, at 83 FR 5055 has been extended. Comments must now be received on or before May 7, 2018. ADDRESSES: You may submit responsive information and other comments, identified by Docket No. CFPB-2018-0002, by any of the following methods:Electronic: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Email: [email protected]. Include Docket No. CFPB-2018-0002 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: Mark Samburg, Counsel, at 202-435- 9710. If you require this document in an alternative electronic format, please contact [email protected]. SUPPLEMENTARY INFORMATION: The Consumer Financial Protection Act of [[Page 12506]] 2010 (Act) required the Bureau to prescribe rules establishing such procedures as may be necessary to carry out hearings and adjudications conducted pursuant to 12 U.S.C. 5563. 12 U.S.C. 5563(e). On July 28, 2011, the Bureau published an interim final rule seeking comment and prescribing rules establishing such hearings and procedures, with the exception of rules relating to the issuance of a temporary cease-and- desist order (TCDO) pursuant to section 1053(c) of the Act. 76 FR 45338 (July 28, 2011). The Bureau responded to comments received and published a final rule on June 29, 2012. 77 FR 39058 (June 29, 2012). This rule was codified at 12 CFR part 1081, subparts A-D. The Bureau published an interim final rule seeking comment and prescribing rules on TCDOs on September 26, 2013. 78 FR 59163 (Sept. 26, 2013). The Bureau received a single comment on this rule. Following consideration of the comment, the Bureau adopted the interim final rule without change on June 18, 2014. 79 FR 34622 (June 18, 2014). This rule was codified at 12 CFR part 1081, subpart E. Collectively, the rules codified at 12 CFR part 1081 are titled ``Rules of Practice for Adjudication Proceedings'' (Rules). The Bureau issued a Request for Information (RFI) related to the Rules on February 5, 2018, 83 FR 5055, and now extends the period for comments responding to that RFI. Authority: 12 U.S.C. 5511(c). Dated: March 16, 2018. Mick Mulvaney, Acting Director, Bureau of Consumer Financial Protection. [FR Doc. 2018-05780 Filed 3-21-18; 8:45 am] BILLING CODE 4810-AM-P
![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules 12505
72 be revised to require: a 1,000 year have not provided information to extension of the comment period is
design life goal for spent nuclear storage support this charge. The NRC appropriate.
systems; estimates for the operating considered the request for review to DATES: The comment period for the
costs over the design life; determination determine whether the claim qualifies Request for Information Regarding
of the safety margins over the design for enforcement-related action. The Bureau Rules of Practice for
life; and time limited aging analyses petitioners’ claim does not constitute a Adjudication Proceedings, published
demonstrating that structures, systems, valid request for action under § 2.206. February 5, 2018, at 83 FR 5055 has
and components important to safety will The petitioners do not specify the action been extended. Comments must now be
continue to perform for the design life. requested but leave it up to the NRC to received on or before May 7, 2018.
The petition may be found in ADAMS determine (based on the limited ADDRESSES: You may submit responsive
at Accession No. ML18022B207. information provided on page 10 of the information and other comments,
IV. Discussion of the Petition petition) whether enforcement is identified by Docket No. CFPB–2018–
warranted of a licensee’s ISFSI or 0002, by any of the following methods:
The petitioners request that the NRC monitored retrievable storage
amend its regulations in 10 CFR part 72 • Electronic: Go to http://
installation. Although the petitioners www.regulations.gov. Follow the
‘‘regarding spent nuclear fuel.’’ The allege that a licensee has violated the
petitioners believe that ‘‘the actual instructions for submitting comments.
requirement, the petition does not • Email: FederalRegisterComments@
situation has now changed, while the provide the facts that constitute the
NRC regulations have not changed cfpb.gov. Include Docket No. CFPB–
basis for taking enforcement action. 2018–0002 in the subject line of the
sufficiently to respect the current Therefore, the petitioners’ claim does
reality’’ of ongoing storage at nuclear message.
plants and that the NRC should use a
not meet the requirements for § 2.206 • Mail: Comment Intake, Consumer
enforcement action. Financial Protection Bureau, 1700 G
‘‘Hardened, Extended-life, Local,
Monitored Surface Storage’’ (HELMS) Dated at Rockville, Maryland, this 16th day Street NW, Washington, DC 20552.
of March, 2018. • Hand Delivery/Courier: Comment
type of approach as further described in
For the Nuclear Regulatory Commission. Intake, Consumer Financial Protection
a white paper submitted with the
Annette L. Vietti-Cook, Bureau, 1700 G Street NW, Washington,
petition (ADAMS Accession No.
ML18022B213). Secretary of the Commission. DC 20552.
The petitioners contend that there is Instructions: The Bureau encourages
[FR Doc. 2018–05776 Filed 3–21–18; 8:45 am]
a timeframe difference between that of the early submission of comments. All
BILLING CODE 7590–01–P
the useful life of an operating submissions must include the document
commercial nuclear plant and the title and docket number. Please note the
storage of SNF at those nuclear plants number of the topic on which you are
indefinitely. The petitioners further BUREAU OF CONSUMER FINANCIAL commenting at the top of each response
contend that the ‘‘license term and PROTECTION (you do not need to address all topics).
renewal periods for the facility Because paper mail in the Washington,
12 CFR Part 1081 DC area and at the Bureau is subject to
operating license and CoC are defined to
be (up to) 40 years, and the design life delay, commenters are encouraged to
[Docket No. CFPB–2018–0002] submit comments electronically. In
is only implied as perhaps several
multiples of the licensing period.’’ The general, all comments received will be
Request for Information Regarding posted without change to http://
petitioners’ position is ‘‘that the design Bureau Rules of Practice for
life should be explicitly defined as the www.regulations.gov. In addition,
Adjudication Proceedings comments will be available for public
initial 1,000 years.’’
The HELMS approach would require AGENCY: Bureau of Consumer Financial inspection and copying at 1700 G Street
that SNF containers be designed for a Protection. NW, Washington, DC 20552, on official
1,000-year life goal ‘‘while still allowing ACTION: Request for information;
business days between the hours of 10
a 40-year license term.’’ The petitioners extension of comment period. a.m. and 5 p.m. eastern time. You can
provided a specific proposal for the make an appointment to inspect the
HELMS approach to assist their SUMMARY: On February 5, 2018, the documents by telephoning 202–435–
description; however, the petitioners Bureau of Consumer Financial 7275.
emphasized ‘‘that the HELMS proposal Protection (Bureau) published a Request All submissions in response to this
does not rely on the adoption of this for Information Regarding Bureau Rules request for information, including
specific proposal as long as the of Practice for Adjudication Proceedings attachments and other supporting
extended-life criterion is satisfied.’’ The (RFI), which provided that comments materials, will become part of the public
petitioners stated that the 1,000-year must be received on or before April 6, record and subject to public disclosure.
design life goal ‘‘is likely NOT feasible 2018. On February 22, 2018, the Bureau Proprietary information or sensitive
without some monitoring and replacing received a letter from two industry trade personal information, such as account
part of the system on regular intervals.’’ associations requesting a 30-day numbers or Social Security numbers, or
comment period extension for this RFI names of other individuals, should not
V. Request Under § 2.206 Seeking and for two other Bureau Requests for be included. Submissions will not be
Enforcement Action Information. The additional time is edited to remove any identifying or
daltland on DSKBBV9HB2PROD with PROPOSALS
The petitioners also request requested in order to allow commenters contact information.
enforcement action under § 2.206 of the to develop meaningful responses to the FOR FURTHER INFORMATION CONTACT:
NRC’s regulations. The petitioners assert RFI and the other identified Requests for Mark Samburg, Counsel, at 202–435–
a violation of § 72.106, regarding the Information. The Bureau believes the 9710. If you require this document in an
controlled area of an ISFSI or monitored extension will allow all stakeholders the alternative electronic format, please
retrievable storage installation, and ask opportunity to provide more robust contact CFPB_Accessibility@cfpb.gov.
for enforcement-related action, as responses. In response to this request, SUPPLEMENTARY INFORMATION: The
appropriate; however, the petitioners the Bureau has determined that a 30 day Consumer Financial Protection Act of
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![12506 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
2010 (Act) required the Bureau to its impact. Finally, SBA also seeks input 1116 of the Jobs Act added a new
prescribe rules establishing such from interested parties on a potential Section 3(a)(5) to the Small Business
procedures as may be necessary to carry proposal to apply the permanent Act that directed SBA to establish an
out hearings and adjudications alternative size standard as an alternative size standard using
conducted pursuant to 12 U.S.C. 5563. alternative to using industry based size maximum tangible net worth and
12 U.S.C. 5563(e). On July 28, 2011, the standards for small business applicants average net income for applicants of the
Bureau published an interim final rule under its Economic Injury Disaster Loan SBA’s Business Loan Programs. The
seeking comment and prescribing rules (‘‘EIDL’’) Program. Jobs Act also established for applicants
establishing such hearings and DATES: SBA must receive comments to for the SBA’s Business Loan Programs a
procedures, with the exception of rules this ANPRM on or before May 21, 2018. temporary alternative size standard of
relating to the issuance of a temporary ADDRESSES: You may submit comments, not more than $15 million in tangible
cease-and-desist order (TCDO) pursuant identified by RIN 3245–AG16 by one of net worth and of not more than $5
to section 1053(c) of the Act. 76 FR the following methods: (1) Federal million in the average net income after
45338 (July 28, 2011). The Bureau eRulemaking Portal: Federal income taxes (excluding any
responded to comments received and www.regulations.gov, following the carry-over losses) of the applicant for
published a final rule on June 29, 2012. instructions for submitting comments; the 2 full fiscal years before the date of
77 FR 39058 (June 29, 2012). This rule or (2) Mail/Hand Delivery/Courier: the application (referred to as ‘‘Interim
was codified at 12 CFR part 1081, Khem R. Sharma, Ph.D., Chief, Office of Rule’’), and it provided that this
subparts A–D. The Bureau published an Size Standards, 409 Third Street SW, temporary statutory alternative size
interim final rule seeking comment and Mail Code 6530, Washington, DC 20416. standard would remain in effect until
prescribing rules on TCDOs on SBA will post all comments to this such time as SBA established a new
September 26, 2013. 78 FR 59163 (Sept. ANPRM on www.regulations.gov. If you alternative size standard for the
26, 2013). The Bureau received a single wish to submit confidential business Business Loan Programs through
comment on this rule. Following information (CBI) as defined in the User rulemaking. 15 U.S.C. 632(a)(5). Prior to
consideration of the comment, the Notice at www.regulations.gov, you that, SBA had a lower permanent
Bureau adopted the interim final rule must submit such information either by regulatory alternative size standard that
without change on June 18, 2014. 79 FR mail to the U.S. Small Business applied to the 504 Loan Program, and
34622 (June 18, 2014). This rule was Administration, Khem R. Sharma, Ph.D., temporarily applied, for the period
codified at 12 CFR part 1081, subpart E. Chief, Office of Size Standards, 409 beginning on May 5, 2009 and ending
Collectively, the rules codified at 12 Third Street SW, Mail Code 6530, on September 30, 2010, to the 7(a) Loan
CFR part 1081 are titled ‘‘Rules of Washington, DC 20416, or by email to Program. 13 CFR 120.301(b)(2).
Practice for Adjudication Proceedings’’ sizestandards@sba.gov. Highlight the On September 29, 2010, SBA issued
(Rules). The Bureau issued a Request for information that you consider to be CBI Information Notice 5000–1175
Information (RFI) related to the Rules on and explain why you believe SBA (available at https://www.sba.gov/sites/
February 5, 2018, 83 FR 5055, and now should hold this information as default/files/files/bank_5000-1175_
extends the period for comments confidential. SBA will review your 0.pdf) providing that, effective
responding to that RFI. information and determine whether it September 27, 2010, the new statutory
will make the information public. temporary alternative size standard
Authority: 12 U.S.C. 5511(c). applied to its Business Loan Programs,
Requests to redact or remove posted
Dated: March 16, 2018. comments cannot be honored and the thereby replacing and superseding the
Mick Mulvaney, request to redact/remove posted lower existing alternative size standard
Acting Director, Bureau of Consumer comments will be posted as a new of $8.5 million in tangible net worth and
Financial Protection. comment. $3 million in average net income, set
[FR Doc. 2018–05780 Filed 3–21–18; 8:45 am] forth in 13 CFR 121.301(b)(2). The
FOR FURTHER INFORMATION CONTACT: Information Notice further stated that
BILLING CODE 4810–AM–P
Khem R. Sharma, Office of Size the new statutory alternative size
Standards, by phone at (202) 205–7189 standard would remain in effect until
or by email at sizestandards@sba.gov. such time as SBA established a
SMALL BUSINESS ADMINISTRATION SUPPLEMENTARY INFORMATION: SBA permanent alternative size standard for
13 CFR Part 121 establishes small business size the Business Loan Programs through
definitions, commonly known as ‘‘size rulemaking. The Information Notice also
RIN 3245–AG16 standards,’’ for private sector industries stated that SBA’s disaster loan program,
in the United States to determine surety bond guarantee program, small
Small Business Size Standards; eligibility for Federal small business business investment company program,
Alternative Size Standard for 7(a), 504, assistance programs, including the and small business development and
and Disaster Loan Programs SBA’s 7(a) and 504 Loan Programs contracting programs, as well as other
AGENCY: U.S. Small Business (‘‘Business Loan Programs’’). These size federal programs utilizing SBA’s
Administration. standards are established by 6-digit industry based size standards were not
ACTION: Advance notice of proposed North American Industry Classification affected by the temporary statutory
rulemaking. System (NAICS) industry, typically alternative size standard, and the
based either on average annual receipts current standards for those programs in
daltland on DSKBBV9HB2PROD with PROPOSALS
SUMMARY: SBA is seeking public input or on average number of employees. 13 CFR part 121 remained in effect.
to assist in establishing a permanent SBA uses financial assets and refining Because of the difficulty of obtaining
alternative size standard for its 7(a) and capacity to measure the size of a few relevant data, SBA has not yet
504 Loan Programs. SBA also invites specialized industries. See, 13 CFR part established a new permanent tangible
suggestions on sources of relevant data 121, Small Business Size Regulations. net worth and net income based
and information that SBA should On September 27, 2010, the Small alternative size standard for its Business
evaluate in developing a permanent Business Jobs Act of 2010 (‘‘Jobs Act’’) Loan Programs, so the Agency continues
alternative size standard and assessing was enacted (Pub. L. 111–240). Section to use the temporary statutory
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Document Created: 2018-03-22 01:25:05
Document Modified: 2018-03-22 01:25:05
| 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 | Proposed Rules | |
| Action | Request for information; extension of comment period. | |
| Dates | The comment period for the Request for Information Regarding Bureau Rules of Practice for Adjudication Proceedings, published February 5, 2018, at 83 FR 5055 has been extended. Comments must now be received on or before May 7, 2018. | |
| Contact | Mark Samburg, Counsel, at 202-435- 9710. If you require this document in an alternative electronic format, please contact [email protected] | |
| FR Citation | 83 FR 12505 |
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