83_FR_6028 83 FR 5999 - Request for Information Regarding Bureau Enforcement Processes

83 FR 5999 - Request for Information Regarding Bureau Enforcement Processes

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 83, Issue 29 (February 12, 2018)

Page Range5999-6000
FR Document2018-02710

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 processes related to the enforcement of Federal consumer financial law, and, consistent with the law, considering whether any changes to these processes would be appropriate.

Federal Register, Volume 83 Issue 29 (Monday, February 12, 2018) 
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 5999-6000]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02710]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2018-0003]


Request for Information Regarding Bureau Enforcement 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 
processes related to the enforcement of Federal consumer financial law, 
and, consistent with the law, considering whether any changes to these 
processes would be appropriate.

DATES: Comments must be received by April 13, 2018.

ADDRESSES: You may submit responsive information and other comments, 
identified by Docket No. CFPB-2018-0003, 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-2018-0003 in the subject line of the message.
     Mail: Monica Jackson, Office of the Executive Secretary, 
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 
20552.
     Hand Delivery/Courier: Monica Jackson Office of the 
Executive Secretary, 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 St. NW, 
Washington, DC 20552, on official business days between the hours of 10 
a.m. and 5 p.m. eastern standard 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. 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: For general inquiries and submission 
process questions, please call Mark Samburg, Counsel, at (202) 435-
9710.

SUPPLEMENTARY INFORMATION: In the course of its enforcement work, and 
as authorized by 12 U.S.C. 5561-5565 and further governed by 12 CFR 
parts 1080 and 1081, the Bureau may investigate whether any person is 
or has been engaged in any conduct that is a violation of Federal 
consumer financial law. These investigations may include requiring 
witnesses to give oral testimony. The Bureau is also authorized to 
commence legal proceedings for alleged violations of federal consumer 
financial law through either administrative adjudication proceedings or 
civil actions in federal district court. Regardless of forum, in these 
actions and proceedings the Bureau may seek appropriate legal and 
equitable relief as permitted by law, including appropriate civil money 
penalties. The Bureau is, as described below, issuing this request for 
information seeking public comment on how best to achieve meaningful 
burden reduction or other improvement to the processes used by the 
Bureau to enforce Federal consumer financial law (enforcement 
processes) while continuing to meet the Bureau's statutory objectives 
and ensuring a fair and transparent process for parties subject to 
enforcement authority.

Overview of This Request for Information

    The Bureau is using this request for information to seek public 
input regarding its enforcement processes. The Bureau encourages 
comments from all interested members of the public. The Bureau 
anticipates that the responding public may include entities that have 
been subject to Bureau enforcement actions or similar actions from 
other agencies, members of the bar who represent these entities, 
individual consumers, consumer advocates, regulators, and researchers, 
or members of academia.

Suggested Topics for Commenters

    To allow the Bureau to evaluate suggestions more effectively, the 
Bureau

[[Page 6000]]

requests that, where possible, comments include:
     Specific suggestions regarding any potential updates or 
modifications to the Bureau's enforcement processes, consistent with 
the Bureau's statutory objectives, and including, in as much detail as 
possible, the potential update or modification, supporting data or 
other information on impacts and costs, or information concerning 
alignment with the processes of other agencies; and
     Specific identification of any aspects of the Bureau's 
enforcement processes that should not be modified, consistent with the 
Bureau's statutory objectives, and including supporting data or other 
information on impacts and costs, or information concerning alignment 
with the processes of other agencies.
    The following list of general areas represents a preliminary 
attempt by the Bureau to identify elements of its enforcement processes 
that may be deserving of more immediate focus. 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. In addressing these 
topics or others, the Bureau requests that commenters identify with 
specificity the Bureau regulations or practices at issue, providing 
legal citations where appropriate and available. Please feel free to 
comment on some or all of the topics below, but please be sure to 
indicate on which area you are commenting. To provide comments 
specifically on the Bureau's Civil Investigative Demand (CID) 
processes, please respond to the specific Request for Information on 
that topic, Docket No. 2018-CFPB-0001, 83 FR 3686 (Jan. 26, 2018). To 
provide comments specifically on the Bureau's rules of practice for 
adjudication proceedings, please respond to the specific Request for 
Information on that topic, Docket No. 2018-CFPB-0002, 83 FR 5055 (Feb. 
5, 2018).
    The Bureau is seeking feedback on all aspects of its enforcement 
processes, including but not limited to:
    1. Communication between the Bureau and the subjects of 
investigations, including the timing and frequency of those 
communications, and information provided by the Bureau on the status of 
its investigation;
    2. The length of Bureau investigations;
    3. The Bureau's Notice and Opportunity to Respond and Advise 
process, including:
    a. CFPB Bulletin 2011-04, Notice and Opportunity to Respond and 
Advise (NORA), issued November 7, 2011 (updated January 18, 2012) and 
available at http://files.consumerfinance.gov/f/2012/01/Bulletin10.pdf, 
including whether invocation of the NORA process should be mandatory 
rather than discretionary; and
    b. The information contained in the letters that the Bureau may 
send to subjects of potential enforcement actions pursuant to the NORA 
process, as exemplified by the sample letter available at http://www.consumerfinance.gov/wp-content/uploads/2012/01/NORA-Letter1.pdf;
    4. Whether the Bureau should afford subjects of potential 
enforcement actions the right to make an in-person presentation to 
Bureau personnel prior to the Bureau determining whether it should 
initiate legal proceedings;
    5. The calculation of civil money penalties, consistent with the 
penalty amounts and mitigating factors set out in 12 U.S.C. 5565(c), 
including whether the Bureau should adopt a civil money penalty matrix, 
and, if it does adopt such a matrix, what that matrix should include;
    6. The standard provisions in Bureau consent orders, including 
conduct, compliance, monetary relief, and administrative provisions; 
and
    7. The manner and extent to which the Bureau can and should 
coordinate its enforcement activity with other Federal and/or State 
agencies that may have overlapping jurisdiction.

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

    Dated: February 6, 2018.
Mick Mulvaney,
Acting Director, Bureau of Consumer Financial Protection.
[FR Doc. 2018-02710 Filed 2-9-18; 8:45 am]
 BILLING CODE 4810-AM-P

Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Notices 5999 passwords that are frequently changed; BUREAU OF CONSUMER FINANCIAL attachments and other supporting multi-factor authentication for remote PROTECTION materials, will become part of the public access and access to many CFTC record and subject to public disclosure. [Docket No. CFPB–2018–0003] network components; use of encryption Sensitive personal information, such as for certain data types and transfers; Request for Information Regarding account numbers or Social Security firewalls and intrusion detection Bureau Enforcement Processes numbers, or names of other individuals, applications; and regular review of should not be included. Submissions security procedures and best practices AGENCY: Bureau of Consumer Financial will not be edited to remove any to enhance security. Physical safeguards Protection. identifying or contact information. include restrictions on building access ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: For to authorized individuals, 24-hour information. general inquiries and submission security guard service, and maintenance process questions, please call Mark SUMMARY: The Bureau of Consumer of records in lockable offices and filing Financial Protection (Bureau) is seeking Samburg, Counsel, at (202) 435–9710. cabinets. comments and information from SUPPLEMENTARY INFORMATION: In the interested parties to assist the Bureau in course of its enforcement work, and as RECORD ACCESS PROCEDURES: assessing the overall efficiency and authorized by 12 U.S.C. 5561–5565 and Individuals seeking to determine effectiveness of its processes related to further governed by 12 CFR parts 1080 whether this system of records contains the enforcement of Federal consumer and 1081, the Bureau may investigate information about themselves or seeking financial law, and, consistent with the whether any person is or has been access to records about themselves in law, considering whether any changes engaged in any conduct that is a this system of records should address to these processes would be appropriate. violation of Federal consumer financial written inquiries to the Office of General DATES: Comments must be received by law. These investigations may include Counsel, Commodity Futures Trading April 13, 2018. requiring witnesses to give oral Commission, Three Lafayette Centre, ADDRESSES: You may submit responsive testimony. The Bureau is also 1155 21st Street NW, Washington, DC information and other comments, authorized to commence legal 20581. See 17 CFR 146.3 for full details identified by Docket No. CFPB–2018– proceedings for alleged violations of on what to include in Privacy Act access 0003, by any of the following methods: federal consumer financial law through request. • Electronic: Go to http:// either administrative adjudication www.regulations.gov. Follow the proceedings or civil actions in federal CONTESTING RECORD PROCEDURES: instructions for submitting comments. district court. Regardless of forum, in Individuals contesting the content of • Email: FederalRegisterComments@ these actions and proceedings the cfpb.gov. Include Docket No. CFPB– Bureau may seek appropriate legal and records about themselves contained in equitable relief as permitted by law, 2018–0003 in the subject line of the this system of records should address including appropriate civil money message. written inquiries to the Office of General • Mail: Monica Jackson, Office of the penalties. The Bureau is, as described Counsel, Commodity Futures Trading below, issuing this request for Executive Secretary, Consumer Commission, Three Lafayette Centre, Financial Protection Bureau, 1700 G information seeking public comment on 1155 21st Street NW, Washington, DC Street NW, Washington, DC 20552. how best to achieve meaningful burden 20581. See 17 CFR 146.8 for full details • Hand Delivery/Courier: Monica reduction or other improvement to the on what to include in a Privacy Act Jackson Office of the Executive processes used by the Bureau to enforce amendment request. Secretary, Consumer Financial Federal consumer financial law Protection Bureau, 1700 G Street NW, (enforcement processes) while NOTIFICATION PROCEDURES: continuing to meet the Bureau’s Washington, DC 20552. Individuals seeking notification of Instructions: The Bureau encourages statutory objectives and ensuring a fair any records about themselves contained the early submission of comments. All and transparent process for parties in this system of records should address submissions must include the document subject to enforcement authority. written inquiries to the Office of General title and docket number. Please note the Overview of This Request for Counsel, Commodity Futures Trading number of the topic on which you are Information Commission, Three Lafayette Centre, commenting at the top of each response 1155 21st Street NW, Washington, DC (you do not need to address all topics). The Bureau is using this request for 20581. See 17 CFR 146.3 for full details Because paper mail in the Washington, information to seek public input on what to include in a Privacy Act DC area and at the Bureau is subject to regarding its enforcement processes. notification request. delay, commenters are encouraged to The Bureau encourages comments from submit comments electronically. In all interested members of the public. EXEMPTIONS PROMULGATED FOR THE SYSTEM: general, all comments received will be The Bureau anticipates that the posted without change to http:// responding public may include entities None. www.regulations.gov. In addition, that have been subject to Bureau comments will be available for public enforcement actions or similar actions HISTORY: inspection and copying at 1700 G St. from other agencies, members of the bar None. NW, Washington, DC 20552, on official who represent these entities, individual daltland on DSKBBV9HB2PROD with NOTICES business days between the hours of 10 consumers, consumer advocates, Issued in Washington, DC, on February 7, a.m. and 5 p.m. eastern standard time. regulators, and researchers, or members 2018, by the Commission. You can make an appointment to of academia. Robert N. Sidman, inspect the documents by telephoning Deputy Secretary of the Commission. Suggested Topics for Commenters 202–435–7275. [FR Doc. 2018–02812 Filed 2–9–18; 8:45 am] All submissions in response to this To allow the Bureau to evaluate BILLING CODE 6351–01–P request for information, including suggestions more effectively, the Bureau VerDate Sep<11>2014 19:23 Feb 09, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1

6000 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Notices requests that, where possible, comments (updated January 18, 2012) and Defense (DoD), the Designated Federal include: available at http:// Officer for the U.S. Air Force Scientific • Specific suggestions regarding any files.consumerfinance.gov/f/2012/01/ Advisory Board along with the DoD was potential updates or modifications to Bulletin10.pdf, including whether unable to provide public notification the Bureau’s enforcement processes, invocation of the NORA process should required by 41 CFR 102–3.150(a) consistent with the Bureau’s statutory be mandatory rather than discretionary; concerning the cancellation of its objectives, and including, in as much and previously announced meeting on detail as possible, the potential update b. The information contained in the January 23, 2018, of the U.S. Air Force or modification, supporting data or letters that the Bureau may send to Scientific Advisory Board that other information on impacts and costs, subjects of potential enforcement published on Wednesday, December 27, or information concerning alignment actions pursuant to the NORA process, 2017, 82 FR 261270. Accordingly, the with the processes of other agencies; as exemplified by the sample letter Advisory Committee Management and available at http:// Officer for the Department of Defense, • Specific identification of any www.consumerfinance.gov/wp-content/ pursuant to 41 CFR 102–3.150(b), aspects of the Bureau’s enforcement uploads/2012/01/NORA-Letter1.pdf; waives the 15-calendar day notification processes that should not be modified, 4. Whether the Bureau should afford requirement. consistent with the Bureau’s statutory subjects of potential enforcement FOR FURTHER INFORMATION CONTACT: The objectives, and including supporting actions the right to make an in-person Scientific Advisory Board Secretariat data or other information on impacts presentation to Bureau personnel prior Deputy Director and Designated Federal and costs, or information concerning to the Bureau determining whether it Officer, Evan Buschmann at alignment with the processes of other should initiate legal proceedings; evan.g.buschmann.civ@mail.mil, 240– agencies. 5. The calculation of civil money 612–5503, or United States Air Force The following list of general areas penalties, consistent with the penalty Scientific Advisory Board, 1500 West represents a preliminary attempt by the amounts and mitigating factors set out Perimeter Road, Ste. #3300, Joint Base Bureau to identify elements of its in 12 U.S.C. 5565(c), including whether Andrews, MD 20762. enforcement processes that may be the Bureau should adopt a civil money deserving of more immediate focus. penalty matrix, and, if it does adopt Henry Williams, This non-exhaustive list is meant to such a matrix, what that matrix should Acting Air Force Federal Register Officer. assist in the formulation of comments include; [FR Doc. 2018–02755 Filed 2–9–18; 8:45 am] and is not intended to restrict the issues 6. The standard provisions in Bureau BILLING CODE 5001–10–P that may be addressed. In addressing consent orders, including conduct, these topics or others, the Bureau compliance, monetary relief, and requests that commenters identify with administrative provisions; and DEPARTMENT OF DEFENSE specificity the Bureau regulations or 7. The manner and extent to which practices at issue, providing legal the Bureau can and should coordinate Office of the Secretary citations where appropriate and its enforcement activity with other available. Please feel free to comment on Defense Science Board; Notice of Federal and/or State agencies that may Federal Advisory Committee Meeting some or all of the topics below, but have overlapping jurisdiction. please be sure to indicate on which area AGENCY: Under Secretary of Defense for you are commenting. To provide Authority: 12 U.S.C. 5511(c). Research and Engineering, Department comments specifically on the Bureau’s Dated: February 6, 2018. of Defense. Civil Investigative Demand (CID) Mick Mulvaney, ACTION: Notice of Federal Advisory processes, please respond to the specific Acting Director, Bureau of Consumer Committee meeting. Request for Information on that topic, Financial Protection. Docket No. 2018–CFPB–0001, 83 FR [FR Doc. 2018–02710 Filed 2–9–18; 8:45 am] SUMMARY: The Department of Defense 3686 (Jan. 26, 2018). To provide BILLING CODE 4810–AM–P (DoD) is publishing this notice to comments specifically on the Bureau’s announce that the following Federal rules of practice for adjudication Advisory Committee meeting of the proceedings, please respond to the Defense Science Board (DSB) will take DEPARTMENT OF DEFENSE specific Request for Information on that place. topic, Docket No. 2018–CFPB–0002, 83 Department of the Air Force DATES: Closed to the public Thursday, FR 5055 (Feb. 5, 2018). February 8, 2018 from 8:25 a.m. to 5:00 The Bureau is seeking feedback on all U.S. Air Force Scientific Advisory p.m. aspects of its enforcement processes, Board Notice of Meeting ADDRESSES: The address of the closed including but not limited to: 1. Communication between the AGENCY: United States Air Force meeting is the SECDEF Cables Bureau and the subjects of Scientific Advisory Board, Department conference room 3D921 at the Pentagon, investigations, including the timing and of the Air Force, Department of Defense. Washington, DC. frequency of those communications, and ACTION: Notice withdrawl. FOR FURTHER INFORMATION CONTACT: information provided by the Bureau on Defense Science Board Designated the status of its investigation; SUMMARY: The previous Air Force Federal Officer (DFO) Mr. Edward C. 2. The length of Bureau Scientific Advisory Federal Register Gliot, (703) 571–0079 (Voice), (703) daltland on DSKBBV9HB2PROD with NOTICES investigations; Notice, Vol. 82, No. 247, published on 697–1860 (Facsimile), 3. The Bureau’s Notice and Wednesday December 27, 2017, is edward.c.gliot.civ@mail.mil (Email). Opportunity to Respond and Advise hereby withdrawn. The United States Mailing address is Defense Science process, including: Air Force Scientific Advisory Board Board, 3140 Defense Pentagon, Room a. CFPB Bulletin 2011–04, Notice and Meeting to be held on 23 January 2018 3B888A, Washington, DC 20301–3140. Opportunity to Respond and Advise is cancelled. Due to the lapse in Website: http://www.acq.osd.mil/dsb/. (NORA), issued November 7, 2011 appropriations for the Department of The most up-to-date changes to the VerDate Sep<11>2014 19:23 Feb 09, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1


Document Created: 2018-11-01 08:42:49
Document Modified: 2018-11-01 08:42:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for information.
DatesComments must be received by April 13, 2018.
ContactFor general inquiries and submission process questions, please call Mark Samburg, Counsel, at (202) 435- 9710.
FR Citation83 FR 5999 
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