83_FR_12939 83 FR 12881 - Request for Information Regarding the Bureau's Inherited Regulations and Inherited Rulemaking Authorities

83 FR 12881 - Request for Information Regarding the Bureau's Inherited Regulations and Inherited Rulemaking Authorities

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 83, Issue 58 (March 26, 2018)

Page Range12881-12883
FR Document2018-06027

The Bureau of Consumer Financial Protection (Bureau) is seeking comments and information from interested parties to assist the Bureau in considering whether, consistent with its statutory authority to prescribe rules pursuant to the Federal consumer financial laws, the Bureau should amend the regulations or exercise the rulemaking authorities that it inherited from certain other Federal agencies.

Federal Register, Volume 83 Issue 58 (Monday, March 26, 2018)
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Proposed Rules]
[Pages 12881-12883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06027]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Chapter X

[Docket No. CFPB-2018-0012]


Request for Information Regarding the Bureau's Inherited 
Regulations and Inherited Rulemaking Authorities

AGENCY: Bureau of Consumer Financial Protection.

ACTION: 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 considering whether, consistent with its statutory authority 
to prescribe rules pursuant to the Federal consumer financial laws, the 
Bureau should amend the regulations or exercise the rulemaking 
authorities that it inherited from certain other Federal agencies.

DATES: Comments must be received by June 25, 2018.

ADDRESSES: You may submit responsive information and other comments, 
identified by Docket No. CFPB-2018-0012, 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-2018-0012 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: Thomas L. Devlin and Kristin 
McPartland, Senior Counsels, Office of Regulations, at 202-435-7700. If 
you require this document in an alternative electronic format, please 
contact [email protected].

SUPPLEMENTARY INFORMATION: Congress established the Bureau in the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 
and therein set forth the Bureau's purpose, objectives, and 
functions.\1\ Pursuant to that Act, on July 21, 2011, the ``consumer 
financial protection functions'' previously vested in certain other 
Federal agencies transferred to the

[[Page 12882]]

Bureau.\2\ The term ``consumer financial protection function'' is 
defined to include ``all authority to prescribe rules or issue orders 
or guidelines pursuant to any Federal consumer financial law, including 
performing appropriate functions to promulgate and review such rules, 
orders, and guidelines.'' \3\ The Dodd-Frank Act in turn defines 
Federal consumer financial law broadly to include ``the provisions of 
[title X of the Dodd-Frank Act], the enumerated consumer laws, the laws 
for which authorities are transferred under subtitles F and H, and any 
rule or order prescribed by the Bureau under [title X], an enumerated 
consumer law, or pursuant to the authorities transferred under 
subtitles F and H.'' \4\
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    \1\ Public Law 111-203, 124 Stat. 2081 (2010) (codified at 15 
U.S.C. 1693a et seq.). Section 1021 of the Dodd-Frank Act states 
that the Bureau shall seek to implement and, where applicable, 
enforce Federal consumer financial law consistently for the purpose 
of ensuring that all consumers have access to markets for consumer 
financial products and services and that markets for consumer 
financial products and services are fair, transparent, and 
competitive. Section 1021 also authorized the Bureau to exercise its 
authorities under Federal consumer financial law for the purposes of 
ensuring that, with respect to consumer financial products and 
services, five specific objectives are met.
    \2\ 12 U.S.C. 5581.
    \3\ 12 U.S.C. 5581(a)(1).
    \4\ 12 U.S.C. 5481(14).
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    Accordingly, Congress generally transferred to the Bureau 
rulemaking authority for Federal consumer financial laws previously 
vested in certain other Federal agencies, and the Bureau thereafter 
assumed responsibility over the various regulations that these agencies 
had issued under this rulemaking authority (the ``Inherited 
Regulations'').\5\ The Dodd-Frank Act also provided new rulemaking 
authorities to the Bureau under the Federal consumer financial laws. 
Since the Bureau's creation, it has prescribed a number of rules under 
Federal consumer financial law in rulemakings mandated by Congress, as 
well as in discretionary rulemakings. These Bureau-issued rules and the 
new authorities created under the Dodd-Frank Act are referred to 
collectively in this RFI as the ``Adopted Regulations.'' The Adopted 
Regulations have often amended the Inherited Regulations.
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    \5\ The Bureau generally restated these regulations first 
through a series of interim final rules published in the Federal 
Register and subsequently through a final rule. 81 FR 25323 (Apr. 
28, 2016). Bureau rules are generally set forth in title 12, Chapter 
X of the Code of Federal Regulations.
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    The Bureau's Rulemaking Authority. The Dodd-Frank Act 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.'' \6\ 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, which include enumerated consumer laws as well as provisions of 
the Dodd-Frank Act, and to prevent evasions thereof.\7\
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    \6\ 12 U.S.C. 5512(a).
    \7\ 12 U.S.C. 5512(b)(1).
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    Existing Bureau Work to Examine Inherited Regulations. The Dodd-
Frank Act states that the Bureau is authorized to exercise its 
authorities under Federal consumer financial law for, among other 
objectives, ``ensuring that, with respect to consumer financial 
products and services . . . outdated, unnecessary, or unduly burdensome 
regulations are regularly identified and addressed in order to reduce 
unwarranted regulatory burdens.'' \8\ In 2011 and 2012, the Bureau 
sought and received stakeholders' suggestions to streamline the 
Inherited Regulations.\9\ The Bureau identified and executed several 
burden reduction projects from that undertaking.\10\ More recently, the 
Bureau has established an initiative to review periodically individual 
Inherited Regulations or portions of such regulations. The Bureau is 
beginning the first such review by focusing on subparts B and G of 
Regulation Z, which implement the Truth in Lending Act with respect to 
open-end credit generally and credit cards in particular.\11\
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    \8\ 12 U.S.C. 5511(b)(3).
    \9\ 76 FR 75825 (Dec. 5, 2011).
    \10\ See 79 FR 64057 (Oct. 28, 2014); 78 FR 25818 (May 3, 2013); 
78 FR 18221 (Mar. 26, 2013). In some cases Congress took action 
related to the same topics identified as part of the Bureau's 
streamlining initiative. See, e.g., 81 FR 44801 (July 11, 2016); 78 
FR 18221 (Mar. 26, 2013).
    \11\ See 83 FR 1968, 1970 (Jan. 12, 2018); RIN 3170-AA73.
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Overview of This Request for Information

    The Bureau is using this request for information (RFI) to seek 
public input regarding the substance of the Inherited Regulations, 
including whether the Bureau should issue additional rules. The Bureau 
encourages comments from all interested members of the public. The 
Bureau anticipates that the responding public may include (among 
others) entities and their service providers subject to Bureau rules, 
trade associations that represent these entities, individual consumers, 
consumer advocates, regulators, and researchers or members of academia.
    The Bureau previously issued an RFI regarding its rulemaking 
processes, and plans to issue an RFI about the Bureau's regulatory 
implementation and guidance functions. The Bureau also previously 
issued an RFI regarding the Adopted Regulations. Accordingly, the 
purpose of this RFI is to seek feedback on the content of the Inherited 
Regulations, not the Bureau's rulemaking processes, implementation 
initiatives that occur after the issuance of a final rule, or the 
Adopted Regulations.\12\ Also please note that the Bureau is not 
requesting comment on any pending rulemaking for which the Bureau has 
issued a Notice of Proposed Rulemaking or otherwise solicited public 
comment.
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    \12\ The Adopted Regulations include rulemakings issued by the 
Bureau since its creation, including rules that were adopted 
pursuant to specific instructions from Congress. They also include 
new rulemaking authorities given to the Bureau by the Dodd-Frank Act 
that did not previously exist under the Federal consumer financial 
laws.
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    The Inherited Regulations. The Inherited Regulations comprise the 
statutory authority and regulations that were transferred to the Bureau 
by title X of the Dodd-Frank Act. They include the regulations that the 
Bureau restated in Title 12, Chapter X of the Code of Federal 
Regulations. For clarity, the term ``Inherited Regulations'' also 
includes all rulemaking authority inherited by the Bureau, regardless 
of the extent to which the Bureau's predecessors exercised that 
authority.

Suggested Topics for Commenters

    To allow the Bureau to more effectively evaluate suggestions, the 
Bureau requests that, where possible, comments include:
     Specific suggestions regarding any potential updates or 
modifications to the Inherited Regulations, consistent with the laws 
providing the Bureau with rulemaking authority and the Bureau's 
regulatory and statutory purposes and objectives, and including, in as 
much detail as possible, the nature of the requested change, and 
supporting data or other information on impacts and costs of the 
Inherited Regulations and on the suggested changes thereto; and
     Specific identification of any aspects of the Inherited 
Regulations that should not be modified, consistent with the laws 
providing the Bureau with rulemaking authority and the Bureau's 
regulatory and statutory purposes and objectives, and including, in as 
much detail as possible, supporting data or other information on 
impacts and costs, or information related to consumer and public 
benefit resulting from these rules.
    The following list represents a preliminary attempt by the Bureau 
to identify considerations relevant in determining where modifications 
of the Inherited Regulations or further exercise of the Bureau's 
rulemaking authorities may be appropriate. This non-exhaustive list is 
meant to assist in the formulation of comments and is not intended to 
restrict the issues that may be addressed. The Bureau requests that,

[[Page 12883]]

in addressing these questions or others, commenters identify with 
specificity the Bureau rules at issue, providing legal citations to 
specific regulations or statutes where appropriate and available. The 
Bureau invites commenters to identify the products or services that 
would be affected by any recommendations made by those commenters. 
Please feel free to comment on some or all of the questions below and 
on some or all of the Inherited Regulations, but please be sure to 
indicate on which area you are commenting. The Bureau encourages 
commenters to make their best efforts to limit their comments to the 
Inherited Regulations; however, the Bureau will consider all comments 
received under the Inherited Regulations and Adopted Regulations RFIs 
together.
    From all of the suggestions, commenters are requested to offer 
their highest priorities, along with their explanation of how or why 
they have prioritized suggestions. Commenters are asked to single out 
their top priority. Suggestions should focus on revisions that the 
Bureau could implement consistent with its authorities and without 
Congressional action.
    The Bureau is seeking feedback on all aspects of the Inherited 
Regulations, including but not limited to:
    1. Aspects of the Inherited Regulations that:
    a. Should be tailored to particular types of institutions or to 
institutions of a particular size;
    b. Create unintended consequences;
    c. Overlap or conflict with other laws or regulations in a way that 
makes it difficult or particularly burdensome for institutions to 
comply;
    d. Are incompatible or misaligned with new technologies, including 
by limiting providers' ability to deliver, electronically, mandatory 
disclosures or other information that may be relevant to consumers; or
    e. Could be modified to provide consumers greater protection from 
the incidence and effects of identity theft.
    2. Changes the Bureau could make to the Inherited Regulations, 
consistent with its statutory authority, to more effectively meet the 
statutory purposes and objectives set forth in the Federal consumer 
financial laws, as well as the Bureau's predecessor agencies' specific 
goals for the particular Inherited Regulation in the first instance.
    3. Changes the Bureau could make to the Inherited Regulations, 
consistent with its statutory authority, that would advance the 
following statutory purposes and objectives as set forth in section 
1021 of the Dodd-Frank Act:
    a. The statutory purposes set forth in section 1021(a) are:
    i. All consumers have access to markets for consumer financial 
products and services; and
    ii. Markets for consumer financial products and services are fair, 
transparent, and competitive.
    b. The statutory objectives set forth in section 1021(b) are:
    i. Consumers are provided with timely and understandable 
information to make responsible decisions about financial transactions;
    ii. Consumers are protected from unfair, deceptive, or abusive acts 
and practices and from discrimination;
    iii. Outdated, unnecessary, or unduly burdensome regulations are 
regularly identified and addressed in order to reduce unwarranted 
regulatory burdens;
    iv. Federal consumer financial law is enforced consistently in 
order to promote fair competition; and
    v. Markets for consumer financial products and services operate 
transparently and efficiently to facilitate access and innovation.
    4. Pilots, field tests, demonstrations, or other activities that 
the Bureau could launch to better quantify benefits and costs of 
potential revisions to the Inherited Regulations, or make compliance 
with the Inherited Regulations more efficient and effective.
    5. Areas where the Bureau has inherited rulemaking authority, but 
has not exercised it, where rulemaking would be beneficial and align 
with the purposes and objectives of the applicable Federal consumer 
financial laws.

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

     Dated: March 14, 2018.
Mick Mulvaney,
Acting Director, Bureau of Consumer Financial Protection.
[FR Doc. 2018-06027 Filed 3-23-18; 8:45 am]
 BILLING CODE 4810-AM-P



                                                                          Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Proposed Rules                                                   12881

                                                  but not limited to, words such as ‘‘Paid                communication must include an                            • Hand Delivery/Courier: Comment
                                                  for by,’’ ‘‘Paid by,’’ ‘‘Sponsored by,’’ or             indicator.                                            Intake, Consumer Financial Protection
                                                  ‘‘Ad by’’; website URL; image; sound;                   *      *    *      *   *                              Bureau, 1700 G Street NW, Washington,
                                                  symbol; and icon.                                          (f) Exceptions.                                    DC 20552.
                                                     (ii) Every internet communication for                   (1) * * *                                             Instructions: The Bureau encourages
                                                  which a disclaimer is required by                          (iv) Any internet public                           the early submission of comments. All
                                                  paragraph (a) of this section must satisfy              communication that cannot provide a                   submissions must include the document
                                                  the general requirements of paragraphs                  disclaimer on the face of the internet                title and docket number. Please note the
                                                  (b) and (c)(1) of this section, except an               public communication itself nor an                    number of the topic on which you are
                                                  internet public communication may                       adapted disclaimer as provided in                     commenting at the top of each response
                                                  include an adapted disclaimer under the                 paragraph (c)(5) of this section, such as             (you do not need to address all topics).
                                                  circumstances described in paragraphs                   a static banner ad on a small internet-               Because paper mail in the Washington,
                                                  (c)(5)(iii)–(c)(5)(iv) of this section. For             enabled device that cannot link to a                  DC area and at the Bureau is subject to
                                                  purposes of this paragraph, an adapted                  landing page of the person paying for                 delay, commenters are encouraged to
                                                  disclaimer means an abbreviated                         the internet public communication. The                submit comments electronically. In
                                                  disclaimer on the face of the                           provisions of paragraph (f)(1)(i)–(iii) of            general, all comments received will be
                                                  communication in conjunction with a                     this section do not apply to internet                 posted without change to http://
                                                  technological mechanism by which a                      public communications.                                www.regulations.gov. In addition,
                                                  reader can locate the disclaimer                        *      *    *      *   *                              comments will be available for public
                                                  satisfying the general requirements of                                                                        inspection and copying at 1700 G Street
                                                  paragraphs (b) and (c)(1) of this section.                On behalf of the Commission,
                                                                                                            Dated: March 20, 2018.
                                                                                                                                                                NW, Washington, DC 20552, on official
                                                  Any internet public communication that                                                                        business days between the hours of 10
                                                  includes an adapted disclaimer must                     Caroline C. Hunter,
                                                                                                                                                                a.m. and 5 p.m. eastern time. You can
                                                  comply with the following:                              Chair, Federal Election Commission.
                                                                                                                                                                make an appointment to inspect the
                                                     (A) The internet public                              [FR Doc. 2018–06010 Filed 3–23–18; 8:45 am]           documents by telephoning 202–435–
                                                  communication must provide a                            BILLING CODE 6715–01–P                                7275.
                                                  disclaimer satisfying the general
                                                  requirements of paragraphs (b) and                                                                               All submissions in response to this
                                                  (c)(1) of this section through a                                                                              request for information, including
                                                                                                          BUREAU OF CONSUMER FINANCIAL                          attachments and other supporting
                                                  technological mechanism as described                    PROTECTION
                                                  in paragraph (c)(5)(i)(C) of this section.                                                                    materials, will become part of the public
                                                     (B) The internet public                                                                                    record and subject to public disclosure.
                                                                                                          12 CFR Chapter X
                                                  communication must present the                                                                                Proprietary information or sensitive
                                                  abbreviated disclaimer on the face of the               [Docket No. CFPB–2018–0012]                           personal information, such as account
                                                  communication in a clear and                                                                                  numbers or Social Security numbers, or
                                                                                                          Request for Information Regarding the                 names of other individuals, should not
                                                  conspicuous manner. An abbreviated                      Bureau’s Inherited Regulations and
                                                  disclaimer is not clear and conspicuous                                                                       be included. Submissions will not be
                                                                                                          Inherited Rulemaking Authorities                      edited to remove any identifying or
                                                  if it is difficult to read, hear, or observe,
                                                  or if the placement is easily overlooked.               AGENCY:  Bureau of Consumer Financial                 contact information.
                                                     (C) For an internet public                           Protection.                                           FOR FURTHER INFORMATION CONTACT:
                                                  communication consisting of text,                       ACTION: Request for information.                      Thomas L. Devlin and Kristin
                                                  graphics, or images, time or space must                                                                       McPartland, Senior Counsels, Office of
                                                  be measured in [characters or pixels].                  SUMMARY:   The Bureau of Consumer                     Regulations, at 202–435–7700. If you
                                                     (D) For an internet public                           Financial Protection (Bureau) is seeking              require this document in an alternative
                                                  communication consisting of audio or                    comments and information from                         electronic format, please contact CFPB_
                                                  video, time or space must be measured                   interested parties to assist the Bureau in            Accessibility@cfpb.gov.
                                                  in [seconds].                                           considering whether, consistent with its
                                                                                                                                                                SUPPLEMENTARY INFORMATION: Congress
                                                     (iii) If the time or space required for              statutory authority to prescribe rules
                                                                                                                                                                established the Bureau in the Dodd-
                                                  a disclaimer satisfying the general                     pursuant to the Federal consumer
                                                                                                                                                                Frank Wall Street Reform and Consumer
                                                  requirements of paragraphs (b) and                      financial laws, the Bureau should
                                                                                                                                                                Protection Act (Dodd-Frank Act) and
                                                  (c)(1) of this section would exceed [ten]               amend the regulations or exercise the
                                                                                                                                                                therein set forth the Bureau’s purpose,
                                                  percent of the time or space in an                      rulemaking authorities that it inherited
                                                                                                                                                                objectives, and functions.1 Pursuant to
                                                  internet public communication, then the                 from certain other Federal agencies.
                                                                                                                                                                that Act, on July 21, 2011, the
                                                  abbreviated disclaimer on the face of the               DATES: Comments must be received by
                                                                                                                                                                ‘‘consumer financial protection
                                                  communication must include an                           June 25, 2018.                                        functions’’ previously vested in certain
                                                  indicator and identify the person who                   ADDRESSES: You may submit responsive                  other Federal agencies transferred to the
                                                  paid for the internet public                            information and other comments,
                                                  communication by the person’s full                      identified by Docket No. CFPB–2018–                     1 Public Law 111–203, 124 Stat. 2081 (2010)
                                                  name or by a clearly recognized                         0012, by any of the following methods:                (codified at 15 U.S.C. 1693a et seq.). Section 1021
                                                  abbreviation, acronym, or other unique                     • Electronic: Go to http://                        of the Dodd-Frank Act states that the Bureau shall
                                                  identifier by which the person is                       www.regulations.gov. Follow the                       seek to implement and, where applicable, enforce
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  commonly known.                                                                                               Federal consumer financial law consistently for the
                                                                                                          instructions for submitting comments.                 purpose of ensuring that all consumers have access
                                                     (iv) If the time or space required for                  • Email: FederalRegisterComments@                  to markets for consumer financial products and
                                                  an abbreviated disclaimer under                         cfpb.gov. Include Docket No. CFPB–                    services and that markets for consumer financial
                                                  paragraph (c)(5)(iii) of this section                   2018–0012 in the subject line of the                  products and services are fair, transparent, and
                                                  would exceed [ten] percent of the time                  message.                                              competitive. Section 1021 also authorized the
                                                                                                                                                                Bureau to exercise its authorities under Federal
                                                  or space in the internet public                            • Mail: Comment Intake, Consumer                   consumer financial law for the purposes of ensuring
                                                  communication, then the abbreviated                     Financial Protection Bureau, 1700 G                   that, with respect to consumer financial products
                                                  disclaimer on the face of the                           Street NW, Washington, DC 20552.                      and services, five specific objectives are met.



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                                                  12882                   Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Proposed Rules

                                                  Bureau.2 The term ‘‘consumer financial                  Frank Act, and to prevent evasions                      rulemaking processes, implementation
                                                  protection function’’ is defined to                     thereof.7                                               initiatives that occur after the issuance
                                                  include ‘‘all authority to prescribe rules                 Existing Bureau Work to Examine                      of a final rule, or the Adopted
                                                  or issue orders or guidelines pursuant to               Inherited Regulations. The Dodd-Frank                   Regulations.12 Also please note that the
                                                  any Federal consumer financial law,                     Act states that the Bureau is authorized                Bureau is not requesting comment on
                                                  including performing appropriate                        to exercise its authorities under Federal               any pending rulemaking for which the
                                                  functions to promulgate and review                      consumer financial law for, among other                 Bureau has issued a Notice of Proposed
                                                  such rules, orders, and guidelines.’’ 3                 objectives, ‘‘ensuring that, with respect               Rulemaking or otherwise solicited
                                                  The Dodd-Frank Act in turn defines                      to consumer financial products and                      public comment.
                                                  Federal consumer financial law broadly                  services . . . outdated, unnecessary, or                  The Inherited Regulations. The
                                                  to include ‘‘the provisions of [title X of              unduly burdensome regulations are                       Inherited Regulations comprise the
                                                  the Dodd-Frank Act], the enumerated                     regularly identified and addressed in                   statutory authority and regulations that
                                                  consumer laws, the laws for which                       order to reduce unwarranted regulatory                  were transferred to the Bureau by title
                                                  authorities are transferred under                       burdens.’’ 8 In 2011 and 2012, the                      X of the Dodd-Frank Act. They include
                                                  subtitles F and H, and any rule or order                Bureau sought and received                              the regulations that the Bureau restated
                                                  prescribed by the Bureau under [title X],               stakeholders’ suggestions to streamline                 in Title 12, Chapter X of the Code of
                                                  an enumerated consumer law, or                          the Inherited Regulations.9 The Bureau                  Federal Regulations. For clarity, the
                                                  pursuant to the authorities transferred                 identified and executed several burden                  term ‘‘Inherited Regulations’’ also
                                                  under subtitles F and H.’’ 4                            reduction projects from that                            includes all rulemaking authority
                                                     Accordingly, Congress generally                      undertaking.10 More recently, the                       inherited by the Bureau, regardless of
                                                  transferred to the Bureau rulemaking                    Bureau has established an initiative to                 the extent to which the Bureau’s
                                                  authority for Federal consumer financial                review periodically individual Inherited                predecessors exercised that authority.
                                                  laws previously vested in certain other                 Regulations or portions of such                         Suggested Topics for Commenters
                                                  Federal agencies, and the Bureau                        regulations. The Bureau is beginning the
                                                                                                          first such review by focusing on                           To allow the Bureau to more
                                                  thereafter assumed responsibility over                                                                          effectively evaluate suggestions, the
                                                  the various regulations that these                      subparts B and G of Regulation Z, which
                                                                                                          implement the Truth in Lending Act                      Bureau requests that, where possible,
                                                  agencies had issued under this                                                                                  comments include:
                                                  rulemaking authority (the ‘‘Inherited                   with respect to open-end credit
                                                                                                          generally and credit cards in                              • Specific suggestions regarding any
                                                  Regulations’’).5 The Dodd-Frank Act                                                                             potential updates or modifications to
                                                  also provided new rulemaking                            particular.11
                                                                                                                                                                  the Inherited Regulations, consistent
                                                  authorities to the Bureau under the                     Overview of This Request for                            with the laws providing the Bureau with
                                                  Federal consumer financial laws. Since                  Information                                             rulemaking authority and the Bureau’s
                                                  the Bureau’s creation, it has prescribed                                                                        regulatory and statutory purposes and
                                                  a number of rules under Federal                            The Bureau is using this request for
                                                                                                          information (RFI) to seek public input                  objectives, and including, in as much
                                                  consumer financial law in rulemakings                                                                           detail as possible, the nature of the
                                                  mandated by Congress, as well as in                     regarding the substance of the Inherited
                                                                                                          Regulations, including whether the                      requested change, and supporting data
                                                  discretionary rulemakings. These                                                                                or other information on impacts and
                                                  Bureau-issued rules and the new                         Bureau should issue additional rules.
                                                                                                          The Bureau encourages comments from                     costs of the Inherited Regulations and
                                                  authorities created under the Dodd-                                                                             on the suggested changes thereto; and
                                                  Frank Act are referred to collectively in               all interested members of the public.
                                                                                                          The Bureau anticipates that the                            • Specific identification of any
                                                  this RFI as the ‘‘Adopted Regulations.’’                                                                        aspects of the Inherited Regulations that
                                                  The Adopted Regulations have often                      responding public may include (among
                                                                                                          others) entities and their service                      should not be modified, consistent with
                                                  amended the Inherited Regulations.                                                                              the laws providing the Bureau with
                                                                                                          providers subject to Bureau rules, trade
                                                     The Bureau’s Rulemaking Authority.                   associations that represent these                       rulemaking authority and the Bureau’s
                                                  The Dodd-Frank Act states that the                      entities, individual consumers,                         regulatory and statutory purposes and
                                                  Bureau is authorized to ‘‘exercise its                  consumer advocates, regulators, and                     objectives, and including, in as much
                                                  authorities under Federal consumer                      researchers or members of academia.                     detail as possible, supporting data or
                                                  financial law to administer, enforce, and                  The Bureau previously issued an RFI                  other information on impacts and costs,
                                                  otherwise implement the provisions of                   regarding its rulemaking processes, and                 or information related to consumer and
                                                  Federal consumer financial law.’’ 6 The                 plans to issue an RFI about the Bureau’s                public benefit resulting from these rules.
                                                  Dodd-Frank Act further authorizes the                                                                              The following list represents a
                                                                                                          regulatory implementation and
                                                  Director of the Bureau to prescribe rules                                                                       preliminary attempt by the Bureau to
                                                                                                          guidance functions. The Bureau also
                                                  as may be necessary or appropriate to                                                                           identify considerations relevant in
                                                                                                          previously issued an RFI regarding the
                                                  enable the Bureau to administer and                                                                             determining where modifications of the
                                                                                                          Adopted Regulations. Accordingly, the
                                                  carry out the purposes and objectives of                                                                        Inherited Regulations or further exercise
                                                                                                          purpose of this RFI is to seek feedback
                                                  the Federal consumer financial laws,                                                                            of the Bureau’s rulemaking authorities
                                                                                                          on the content of the Inherited
                                                  which include enumerated consumer                                                                               may be appropriate. This non-
                                                                                                          Regulations, not the Bureau’s
                                                  laws as well as provisions of the Dodd-                                                                         exhaustive list is meant to assist in the
                                                                                                            7 12  U.S.C. 5512(b)(1).                              formulation of comments and is not
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                                                    2 12  U.S.C. 5581.                                      8 12  U.S.C. 5511(b)(3).                              intended to restrict the issues that may
                                                     3 12 U.S.C. 5581(a)(1).                                 9 76 FR 75825 (Dec. 5, 2011).                        be addressed. The Bureau requests that,
                                                     4 12 U.S.C. 5481(14).                                   10 See 79 FR 64057 (Oct. 28, 2014); 78 FR 25818
                                                     5 The Bureau generally restated these regulations    (May 3, 2013); 78 FR 18221 (Mar. 26, 2013). In some        12 The Adopted Regulations include rulemakings
                                                  first through a series of interim final rules           cases Congress took action related to the same          issued by the Bureau since its creation, including
                                                  published in the Federal Register and subsequently      topics identified as part of the Bureau’s               rules that were adopted pursuant to specific
                                                  through a final rule. 81 FR 25323 (Apr. 28, 2016).      streamlining initiative. See, e.g., 81 FR 44801 (July   instructions from Congress. They also include new
                                                  Bureau rules are generally set forth in title 12,       11, 2016); 78 FR 18221 (Mar. 26, 2013).                 rulemaking authorities given to the Bureau by the
                                                  Chapter X of the Code of Federal Regulations.              11 See 83 FR 1968, 1970 (Jan. 12, 2018); RIN         Dodd-Frank Act that did not previously exist under
                                                     6 12 U.S.C. 5512(a).                                 3170–AA73.                                              the Federal consumer financial laws.



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                                                                          Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Proposed Rules                                           12883

                                                  in addressing these questions or others,                   a. The statutory purposes set forth in             SUMMARY:   This action proposes to
                                                  commenters identify with specificity the                section 1021(a) are:                                  modify two VHF Omnidirectional Range
                                                  Bureau rules at issue, providing legal                     i. All consumers have access to                    (VOR) Federal airways (V–72 and V–
                                                  citations to specific regulations or                    markets for consumer financial products               429) in the vicinity of Mattoon and
                                                  statutes where appropriate and                          and services; and                                     Charleston, IL. The FAA is proposing
                                                  available. The Bureau invites                              ii. Markets for consumer financial                 this action due to the planned
                                                  commenters to identify the products or                  products and services are fair,                       decommissioning of the Mattoon, IL
                                                  services that would be affected by any                  transparent, and competitive.                         (MTO), VOR/Distance Measuring
                                                  recommendations made by those                              b. The statutory objectives set forth in           Equipment (VOR/DME) navigation aid
                                                  commenters. Please feel free to                         section 1021(b) are:                                  (NAVAID) which provides navigation
                                                  comment on some or all of the questions                    i. Consumers are provided with                     guidance for portions of the affected
                                                  below and on some or all of the                         timely and understandable information                 ATS routes. The Mattoon VOR is being
                                                  Inherited Regulations, but please be sure               to make responsible decisions about                   decommissioned in support of the
                                                  to indicate on which area you are                       financial transactions;                               FAA’s VOR Minimum Operational
                                                  commenting. The Bureau encourages                          ii. Consumers are protected from                   Network (MON) program.
                                                  commenters to make their best efforts to                unfair, deceptive, or abusive acts and                DATES: Comments must be received on
                                                  limit their comments to the Inherited                   practices and from discrimination;                    or before May 10, 2018.
                                                  Regulations; however, the Bureau will                      iii. Outdated, unnecessary, or unduly              ADDRESSES: Send comments on this
                                                  consider all comments received under                    burdensome regulations are regularly                  proposal to the U.S. Department of
                                                  the Inherited Regulations and Adopted                   identified and addressed in order to                  Transportation, Docket Operations, 1200
                                                  Regulations RFIs together.                              reduce unwarranted regulatory burdens;                New Jersey Avenue SE, West Building
                                                     From all of the suggestions,                            iv. Federal consumer financial law is              Ground Floor, Room W12–140,
                                                  commenters are requested to offer their                 enforced consistently in order to                     Washington, DC 20590; telephone:
                                                  highest priorities, along with their                    promote fair competition; and                         1(800) 647–5527, or (202) 366–9826.
                                                  explanation of how or why they have                        v. Markets for consumer financial                  You must identify FAA Docket No.
                                                  prioritized suggestions. Commenters are                 products and services operate                         FAA–2018–0219 and Airspace Docket
                                                  asked to single out their top priority.                 transparently and efficiently to facilitate           No. 17–AGL–23 at the beginning of your
                                                  Suggestions should focus on revisions                   access and innovation.                                comments. You may also submit
                                                  that the Bureau could implement                            4. Pilots, field tests, demonstrations,            comments through the internet at http://
                                                  consistent with its authorities and                     or other activities that the Bureau could             www.regulations.gov.
                                                  without Congressional action.                           launch to better quantify benefits and                   FAA Order 7400.11B, Airspace
                                                     The Bureau is seeking feedback on all                costs of potential revisions to the                   Designations and Reporting Points, and
                                                  aspects of the Inherited Regulations,                   Inherited Regulations, or make                        subsequent amendments can be viewed
                                                  including but not limited to:                           compliance with the Inherited                         online at http://www.faa.gov/air_traffic/
                                                     1. Aspects of the Inherited                          Regulations more efficient and effective.             publications/. For further information,
                                                  Regulations that:                                          5. Areas where the Bureau has                      you can contact the Airspace Policy
                                                     a. Should be tailored to particular                  inherited rulemaking authority, but has               Group, Federal Aviation
                                                  types of institutions or to institutions of             not exercised it, where rulemaking                    Administration, 800 Independence
                                                  a particular size;                                      would be beneficial and align with the                Avenue SW, Washington, DC 20591;
                                                     b. Create unintended consequences;                   purposes and objectives of the                        telephone: (202) 267–8783. The Order is
                                                     c. Overlap or conflict with other laws               applicable Federal consumer financial                 also available for inspection at the
                                                  or regulations in a way that makes it                   laws.                                                 National Archives and Records
                                                  difficult or particularly burdensome for                  Authority: 12 U.S.C. 5511(c).                       Administration (NARA). For
                                                  institutions to comply;                                   Dated: March 14, 2018.                              information on the availability of FAA
                                                     d. Are incompatible or misaligned                                                                          Order 7400.11B at NARA, call (202)
                                                                                                          Mick Mulvaney,
                                                  with new technologies, including by                                                                           741–6030, or go to https://
                                                  limiting providers’ ability to deliver,                 Acting Director, Bureau of Consumer
                                                                                                                                                                www.archives.gov/federal-register/cfr/
                                                                                                          Financial Protection.
                                                  electronically, mandatory disclosures or                                                                      ibr-locations.html.
                                                                                                          [FR Doc. 2018–06027 Filed 3–23–18; 8:45 am]
                                                  other information that may be relevant                                                                           FAA Order 7400.11, Airspace
                                                  to consumers; or                                        BILLING CODE 4810–AM–P                                Designations and Reporting Points, is
                                                     e. Could be modified to provide                                                                            published yearly and effective on
                                                  consumers greater protection from the                                                                         September 15.
                                                  incidence and effects of identity theft.                DEPARTMENT OF TRANSPORTATION                          FOR FURTHER INFORMATION CONTACT:
                                                     2. Changes the Bureau could make to                                                                        Colby Abbott, Airspace Policy Group,
                                                  the Inherited Regulations, consistent                   Federal Aviation Administration
                                                                                                                                                                Office of Airspace Services, Federal
                                                  with its statutory authority, to more                                                                         Aviation Administration, 800
                                                  effectively meet the statutory purposes                 14 CFR Part 71
                                                                                                                                                                Independence Avenue SW, Washington,
                                                  and objectives set forth in the Federal                 [Docket No. FAA–2018–0219; Airspace                   DC 20591; telephone: (202) 267–8783.
                                                  consumer financial laws, as well as the                 Docket No. 17–AGL–23]                                 SUPPLEMENTARY INFORMATION:
                                                  Bureau’s predecessor agencies’ specific
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                                                  goals for the particular Inherited                      Proposed Amendment of Air Traffic                     Authority for This Rulemaking
                                                  Regulation in the first instance.                       Service (ATS) Routes in the Vicinity of                 The FAA’s authority to issue rules
                                                     3. Changes the Bureau could make to                  Mattoon and Charleston, IL                            regarding aviation safety is found in
                                                  the Inherited Regulations, consistent                   AGENCY: Federal Aviation                              Title 49 of the United States Code.
                                                  with its statutory authority, that would                Administration (FAA), DOT.                            Subtitle I, Section 106 describes the
                                                  advance the following statutory                                                                               authority of the FAA Administrator.
                                                                                                          ACTION: Notice of proposed rulemaking
                                                  purposes and objectives as set forth in                                                                       Subtitle VII, Aviation Programs,
                                                                                                          (NPRM).
                                                  section 1021 of the Dodd-Frank Act:                                                                           describes in more detail the scope of the


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Document Created: 2018-03-24 01:00:04
Document Modified: 2018-03-24 01:00:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for information.
DatesComments must be received by June 25, 2018.
ContactThomas L. Devlin and Kristin McPartland, Senior Counsels, Office of Regulations, at 202-435-7700. If you require this document in an alternative electronic format, please contact [email protected]
FR Citation83 FR 12881 

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