Streamlining Inherited Regulations, 75825-75829 [2011-31030]
Download as PDF
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules
Authority: 7 U.S.C. 450, 1901–1906; 21
U.S.C. 451–470, 601–695; 7 CFR 2.18, 2.53.
19. In § 424.21, revise footnote 3 in
the table in paragraph (c) to read as
follows:
§ 424.21 Use of food ingredients and
sources of radiation.
*
*
*
*
*
(c) * * *
3 Provided that its use is functional
and suitable for the product and it is
permitted for use at the lowest level
necessary to accomplish the desired
technical effect as determined in
specific cases prior to label approval
under part 412.
*
*
*
*
*
22. In § 424.22, revise paragraph
(c)(4)(i) introductory text to read as
follows:
§ 424.22
Certain other permitted uses.
*
*
*
*
*
(c) * * *
(4) * * *
(i) The labels on packages of meat
food and poultry products irradiated in
their entirety, in conformance with this
section and with 21 CFR 179.26(a) and
(b), must bear the logo shown at the end
of this paragraph. Unless the word
‘‘Irradiated’’ is part of the product name,
labels also must bear a statement such
as ‘‘Treated with radiation’’ or ‘‘Treated
by irradiation.’’ The logo must be placed
in conjunction with the required
statement, if the statement is used. The
statement is not required to be more
prominent than the declaration of
ingredients required under § 317.2(c)(2).
Done in Washington, DC, on November 29,
2011.
Alfred V. Almanza
Administrator.
[FR Doc. 2011–30992 Filed 12–2–11; 8:45 am]
BILLING CODE 3410–DM–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Chapter X
[Docket No. CFPB—2011–0039]
Streamlining Inherited Regulations
Bureau of Consumer Financial
Protection.
ACTION: Notice of streamlining project;
request for information.
srobinson on DSK4SPTVN1PROD with PROPOSALS
AGENCY:
The Bureau of Consumer
Financial Protection (the Bureau) is
requesting specific suggestions from the
public for streamlining regulations it
recently inherited from other Federal
agencies. This document asks the public
SUMMARY:
VerDate Mar<15>2010
18:28 Dec 02, 2011
Jkt 226001
to identify provisions of the inherited
regulations that the Bureau should make
the highest priority for updating,
modifying, or eliminating because they
are outdated, unduly burdensome, or
unnecessary. This document discusses
several specific requirements that may
warrant review. It also seeks suggestions
for practical measures to make
complying with the regulations easier.
DATES: Comments must be submitted by
March 5, 2012. Commenters will have
30 additional days, until April 3, 2012,
to respond to other comments.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Docket No.
CFPB–2011–0039.’’ Comments should
be submitted to:
• Electronic: https://www.regulations.
gov. Follow the instructions for
submitting comments.
• Mail: Research, Markets &
Regulations Division, Bureau of
Consumer Financial Protection, 1500
Pennsylvania Avenue NW., (Attn: 1801
L Street NW), Washington, DC 20220.
• Hand Delivery/Courier in Lieu of
Mail: Research, Markets & Regulations
Division, Bureau of Consumer Financial
Protection, 1700 G Street NW.,
Washington, DC 20006.
In general, all comments received will
be posted without change to https://
www.regulations.gov. In addition,
comments will be available for public
inspection and copying at 1700 G Street
NW., Washington, DC 20006, on official
business days between the hours of
10 a.m. and 5 p.m. Eastern Time. You
can make an appointment to inspect
comments by telephoning (202) 435–
7275.
All comments, 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,
should not be included. Comments will
not be edited to remove any identifying
or contact information.
FOR FURTHER INFORMATION CONTACT: Jane
Gell, Senior Counsel and Special
Advisor; Daniel Brown, Counsel,
Research, Markets & Regulations
Division, Bureau of Consumer Financial
Protection, (202) 453–7700.
SUPPLEMENTARY INFORMATION:
I. Background
The Dodd-Frank Wall Street Reform
and Consumer Protection Act (DoddFrank Act or Act) 1 established the
Bureau and, on July 21, 2011,
1 Public
PO 00000
transferred to the Bureau rulemaking
authority under Federal consumer
financial laws previously vested in
seven other Federal agencies.2
Accordingly, the Bureau assumed
responsibility over the various
regulations that these agencies had
issued under this rulemaking authority.3
In the coming weeks, the Bureau will
republish the prior agencies’ regulations
implementing fourteen consumer laws 4
(the ‘‘inherited regulations’’) as
regulations of the Bureau, which will be
codified in Chapter X of Title 12 of the
Code of Federal Regulations. These
republished regulations will incorporate
only technical changes and will not
impose new substantive obligations.
The technical changes reflect the
transfer of authority to the Bureau and
certain other amendments made by the
Dodd-Frank Act to the underlying
statutes.
The inherited regulations serve
important public policy purposes and
provide key protections to consumers,
as discussed further below. But the
Bureau believes there may be
opportunities to streamline the
inherited regulations by updating,
modifying, or eliminating outdated,
unduly burdensome, or unnecessary
provisions. With this document, the
Bureau is seeking specific suggestions
from the public for the highest priority
areas for streamlining.5
2 These agencies are: The Board of Governors of
the Federal Reserve System (Board), the Federal
Deposit Insurance Corporation (FDIC), the Federal
Trade Commission (FTC), the National Credit
Union Administration (NCUA), the Office of the
Comptroller of the Currency (OCC), the Office of
Thrift Supervision (OTS), and the Department of
Housing and Urban Development (HUD).
3 On July 21, 2011, the Bureau published a list of
the rules and orders that it will enforce. See 76 FR
43569 (July 21, 2011). The Bureau assumed
rulemaking authority for all the items on this list,
except items 1 and 6 through 12 in section F
(Federal Trade Commission). The Bureau also has
assumed responsibility over Regulation FF, 12 CFR
part 232, which the Board issued pursuant to its
authority under the Fair Credit Reporting Act, and
which was inadvertently omitted from the list.
4 These fourteen laws are: The Consumer Leasing
Act, the Electronic Fund Transfer Act (except with
respect to Section 920 of that Act), the Equal Credit
Opportunity Act, the Fair Credit Reporting Act
(except with respect to Sections 615(e) and 628 of
that act), the Fair Debt Collection Practices Act,
Subsections (b) through (f) of Section 43 of the
Federal Deposit Insurance Act, Sections 502
through 509 of the Gramm-Leach-Bliley Act (except
for Section 505 as it applies to Section 501(b)), the
Home Mortgage Disclosure Act, the Real Estate
Settlement Procedures Act, the S.A.F.E. Mortgage
Licensing Act, the Truth in Lending Act, the Truth
in Savings Act, Section 626 of the Omnibus
Appropriations Act, 2009, and the Interstate Land
Sales Full Disclosure Act.
5 This request for information is based in part on
guidance provided by the Office of Management
and Budget Memorandum for the Heads of
Independent Regulatory Agencies, M–11–28,
Law 111–203, 124 Stat. 1376 (2010).
Frm 00028
Fmt 4702
Sfmt 4702
75825
E:\FR\FM\05DEP1.SGM
Continued
05DEP1
75826
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules
srobinson on DSK4SPTVN1PROD with PROPOSALS
Setting priorities is necessary to
ensure that the Bureau’s resources—and
the resources of stakeholders who
would comment on any proposed
revisions—are spent identifying the
most promising areas for streamlining
and addressing them appropriately.
Public input is essential to selecting
these priorities.
II. Streamlining the Inherited
Regulations
Regulation is critical to achieving
important public objectives such as fair,
stable, and efficient markets. Regulation
of consumer financial services, in
particular, is an essential tool for
achieving key purposes and objectives
Congress set forth for the Bureau,
including: providing consumers with
timely and understandable information
about transactions; protecting
consumers from unfair, deceptive, or
abusive practices and from
discrimination; ensuring markets
operate fairly, transparently, and
efficiently; and ensuring access to
consumer financial products and
services for all consumers. In addition,
each of the laws on which the inherited
regulations are based has its own
objectives, such as better informing
consumers in the market or markets
subject to the law.
Regulation is critical to address
failures in markets for consumer
financial services that markets will not
correct on their own. Sometimes
regulation is necessary to produce
information for the marketplace that the
market will not generate on its own. For
example, before adoption of the Truth in
Lending Act (TILA), different lenders
disclosed credit costs in different ways
for the same product, making
comparison difficult or impossible.
TILA generally requires uniform
disclosure of the cost of credit. The
Dodd-Frank Act requires the Bureau to
streamline disclosure of mortgage costs
by consolidating TILA disclosures with
disclosures of mortgage settlement costs
under the Real Estate Settlement
Procedures Act.
Sometimes better disclosures and
better consumer education are not
sufficient to protect consumers and the
marketplace, making substantive
regulations necessary to accomplish
these goals. In the lead-up to the
financial crisis, market forces did not
ensure adequate underwriting of
mortgage loans and lenders made large
numbers of loans without due regard to
borrowers’ repayment ability. The
Dodd-Frank Act requires lenders to
‘‘Executive Order 13579, ‘Regulation and
Independent Regulatory Agencies’ ’’ (July 22, 2011).
VerDate Mar<15>2010
18:28 Dec 02, 2011
Jkt 226001
make a reasonable and good faith
determination that a borrower can repay
his or her mortgage.6 The Act also
addresses the failure of the market to
curb certain servicing practices that
harm consumers. Consumers cannot
feasibly switch servicers, so servicers
often lack sufficient incentives to treat
consumers appropriately. The DoddFrank Act creates new protections for
consumers against certain harmful
servicing practices.7
For the next year the Bureau is
focusing most of its rulemaking
resources on these and other mortgage
reforms that Congress instructed the
Bureau to implement. This focus is
dictated by the January 2013 statutory
deadline for most of these rules.
At the same time, the Bureau wants to
start reviewing the inherited
regulations. In document, the Bureau is
focused on identifying the highest
priorities for streamlining these
regulations. In addition to authorizing
new rules to address market failures,
Congress also authorized the Bureau to
‘‘reduce unwarranted regulatory
burden’’ by regularly identifying and
addressing ‘‘outdated, unnecessary, or
unduly burdensome regulations.’’ 8
Some of the consumer protection
statutes also authorize the Bureau to
make adjustments and exceptions to
statutory requirements where necessary
or appropriate to facilitate compliance.9
Different circumstances may point to
opportunities for streamlining rules and
facilitating compliance. Some
regulations may have become overly
complex and unnecessarily difficult to
understand and comply with,
presenting an opportunity for
simplification. Differences between
regulations, such as differences in
definitions of key terms, may cause
confusion, presenting an opportunity for
standardization where underlying
statutes permit. In some cases, the
Bureau has inherited from different
agencies several regulations
implementing the same law, which may
present opportunities for
harmonization.10
6 Public Law 111–203 § 1411, 124 Stat. 1376, 2142
(to be codified at 15 U.S.C. 1639c).
7 Public Law 111–203 §§ 1461–1465, 124 Stat.
1376, 2178–85 (to be codified at 15 U.S.C. 1639dg).
8 Public Law 111–203 § 1021, 124 Stat. 1376, 1980
(to be codified at 12 U.S.C. 5511).
9 See, e.g., 15 U.S.C. 1667f (Consumer Leasing
Act); 15 U.S.C. 1693b(c) (Electronic Fund Transfer
Act); 15 U.S.C. 1691b (Equal Credit Opportunity
Act); 12 U.S.C. 2804(a) (Home Mortgage Disclosure
Act); 12 U.S.C. 2617(a) (Real Estate Settlement
Procedures Act); 15 U.S.C. 1604(a) (Truth in
Lending Act); 12 U.S.C. 4308(a)(3) (Truth in Savings
Act).
10 As the Bureau republishes the inherited
regulations in the coming weeks, it will consolidate
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
Due to changing technology or market
practices, some provisions of
regulations may be less necessary or no
longer needed. Provisions may refer to
technologies that are no longer
frequently used; fail to reflect
technologies that are now in use; or
inhibit the use of existing or emerging
technologies. These types of
circumstances may call for updating
regulations. Regulations may also need
to be reviewed to determine if they
unnecessarily restrict consumer choice,
inhibit innovation, or inappropriately
favor certain business models.
Provisions of regulations may be more
stringent than necessary to achieve the
objective, or they may have little
incremental effect over and above other
existing laws or market forces.
Provisions may suit larger market
participants but impose unnecessarily
disproportionate costs on smaller
participants. These types of
circumstances may call for relaxing,
reducing, or eliminating provisions of
regulations at least for some types or
sizes of providers.
Various circumstances can also
warrant stronger rules. For example,
market changes may have produced
gaps in coverage of certain types of
entities or transactions. Disclosures may
have to be supplemented or replaced
with restrictions on sales practices or
product terms that are unfair according
to established legal standards. The
Bureau will consider in due course how
the inherited regulations may need to be
strengthened. In this document, the
Bureau is focused on identifying
streamlining opportunities.
III. Goals, Approaches, and Potential
Outcomes of This Targeted Review
The principal goal of this initial,
targeted review is to identify the highest
priority areas for attempting to
streamline the inherited regulations by
updating, modifying, or eliminating
outdated, unduly burdensome, or
unnecessary provisions. The Bureau is
focused on identifying improvements it
can make without Congressional
action—that is, improvements that are
consistent with the underlying statute in
question and with the discretion
Congress has given the Bureau to
implement that statute, including any
discretion to adopt exceptions from, or
adjustments to, statutory requirements.
separate regulations issued by different agencies to
implement the same law. Because the Bureau will
make only technical changes with republication,
the republished rules will preserve some small but
arguably substantive differences among the
predecessor rules. The Bureau seeks comment on
whether and how best to harmonize the remaining
differences.
E:\FR\FM\05DEP1.SGM
05DEP1
srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules
If the Bureau judges that a desired
change requires a statutory amendment,
the Bureau will consider making
recommendations to Congress. But the
purpose of this document is not to
solicit recommendations for changes,
however important, that require
Congressional action.
After the Bureau receives public input
and determines its priorities, the Bureau
will consider whether to issue a notice
of proposed rulemaking to streamline
specific provisions of regulations.
Examples of specific provisions the
Bureau may consider revising are listed
in Part V. The Bureau could also, or
instead, fold proposals to revise specific
provisions into one or more of the
broader rulemakings that will
implement the Dodd-Frank Act’s
changes to the Truth in Lending, Real
Estate Settlement Procedures, Home
Mortgage Disclosure, and Equal Credit
Opportunity Acts. The Bureau also
could address specific provisions of
regulations when it reviews those
regulations in due course. The Bureau
will also consider practical measures to
make it easier for firms, especially
smaller ones, to comply with the
inherited regulations.
In setting priorities for streamlining,
the Bureau will consider five factors:
first, the potential benefits and costs of
a potential regulatory change for
consumers and covered entities; second,
the likelihood that the Bureau would be
able to achieve the benefits consistent
with the underlying statute; third, the
speed with which the public would
realize the benefits; fourth, the
governmental and private resources it
would take to realize the benefits; and
fifth, the state of the evidence with
which to judge these factors.
These criteria have certain
implications. The Bureau will not
consider changes that would undermine
important public policy objectives
simply to reduce compliance burdens.
The Bureau also is mindful that the
benefits of regulatory stability, which
allows firms to plan with confidence,
sometimes outweigh the benefits of
small improvements to a regulation. In
addition, a change that reduces costs in
one respect may increase costs in
another respect, and the Bureau will be
mindful of these tradeoffs. For example,
making two regulations more consistent
with each other may make compliance
easier but set more stringent
requirements for at least some
transactions.
The Bureau will seek the most reliable
available evidence, including
quantitative data where feasible, to
facilitate analysis of key issues. The
Bureau will be sensitive to the
VerDate Mar<15>2010
18:28 Dec 02, 2011
Jkt 226001
sometimes substantial cost of obtaining
data and will seek to ensure that the
benefits of procuring the data are worth
their cost. However, the Bureau will
also expect that advocates of specific
revisions to regulations provide
evidence to justify any assertion that the
benefits of these revisions would justify
the costs.
Another goal of this document is to
facilitate planning for reviewing the
inherited regulations more broadly. The
Bureau’s review of inherited regulations
must proceed in stages. It would not be
feasible for the Bureau or the public to
review or revise all of the inherited
regulations at once. Considering
changes to regulations takes time—the
law and prudence require robust
analysis and public comment on
substantive changes to regulations. This
process takes substantial public
resources. It also takes substantial
private resources of the stakeholders
that engage in the process.
The Bureau’s highest rulemaking
priority in the near term is careful
implementation of mortgage reforms of
the Dodd-Frank Act, most of which have
a January 2013 deadline. The Bureau
must set priorities for addressing other
regulations—those in need of
streamlining and those in need of
strengthening—and decide where to
begin, and then it will seek to proceed
in the way that best uses public and
private resources. For this reason, the
Bureau also seeks input on how it
should approach reviewing the
inherited regulations, including the
order in which it should review them.
Comment is sought on these goals,
approaches, and potential outcomes.
IV. General Requests for Information
The questions below solicit comment
on (a) Planning for reviews of the
inherited regulations generally; (b)
specific opportunities for streamlining
the inherited regulations; and (c)
practical measures to facilitate
compliance and promote innovation.
The inherited regulations will be
republished shortly.11 Comments
should prominently identify the specific
provision (as republished) of the
specific regulation addressed.
1. The Bureau could define its
priorities for reviewing the inherited
regulations in at least two different
ways. It could focus on a particular
regulation or set of regulations. Or it
could focus on a market sector and all
of the regulations that apply to that
sector. Commenters may suggest other
approaches. What approach should the
11 The inherited regulations implement the
statutes listed in footnote 4.
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
75827
Bureau take, and why? In what order
should the Bureau review the inherited
regulations, and why?
2. Commenters are invited to offer
their highest priorities for updating,
modifying, or eliminating specific
provisions of regulations that are
outdated, unduly burdensome, or
unnecessary. Commenters are asked to
single out their top priority. Suggestions
should focus on revisions that would
not require Congressional action.
Commenters may wish to take into
account the five factors the Bureau
plans to consider to set its priorities:
The size, likelihood, and speed of
potential gains from streamlining; the
resources needed to achieve the gains;
and the strength of the evidence with
which to judge these factors.
Commenters may consider suggesting
provisions of regulations that should be:
• Simplified, rationalized, or
consolidated;
• Relaxed, modified, or eliminated,
perhaps for smaller firms or certain
classes of transactions, without
undermining essential protections;
• Updated to reflect current practices
and technology;
• Adjusted to avoid unintended
consequences; or
• Changed to remove an obstacle to
responsible innovation.
3. The Bureau is in the midst of
testing new mortgage disclosures under
the Truth in Lending Act and Real
Estate Settlement Procedures Act. Are
there other required disclosures that
available evidence suggests should be
considered for modification or removal?
4. For each suggestion in response to
questions 2 and 3, commenters are
asked to describe and, where possible,
quantify the potential benefits and costs
to consumers and providers of changing
the regulation as recommended.
5. For each suggestion, commenters
are asked to submit or identify empirical
models, data, research, case studies, or
other evidence the Bureau could use to
analyze and, if possible, to quantify or
describe the potential costs and benefits
of the changes the commenter
advocates.
6. Are there pilots, field tests, or
demonstrations that the Bureau could
launch to better assess benefits and
costs of potential revisions to
regulations?
7. The Bureau is interested in
identifying practical measures it can
take, apart from revising regulations, to
make compliance with the inherited
regulations easier. For example, are
there systematic ways the Bureau could
improve guidance about how to comply
with regulations? Are there ways the
Bureau could make it easier for financial
E:\FR\FM\05DEP1.SGM
05DEP1
75828
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules
institutions to obtain answers to specific
compliance questions they may have?
The Bureau will evaluate
recommendations according to the same
factors it will use to evaluate
suggestions to revise regulations.
8. The Bureau also is interested in
identifying practical measures it could
take to promote, or remove obstacles to,
responsible innovation in consumer
financial services markets.
srobinson on DSK4SPTVN1PROD with PROPOSALS
V. Specific Illustrations of Potential
Streamlining Opportunities
In this part, the Bureau seeks
information and views about specific
potential revisions to the inherited
regulations. The Bureau has not
necessarily determined its authority to
address the examples discussed below.
In some cases, the Bureau may
determine after further consideration
that statutory amendments may be
required. Nor has the Bureau
determined whether it should adopt any
of the revisions discussed below, or
whether these particular revisions, if
warranted, would be more important
than other possible revisions the Bureau
may consider after receiving public
input.
Consistent and Sufficient Definitions
Several of the inherited regulations
define key terms differently. For
example, Regulation Z (12 CFR part
226), Regulation E (12 CFR part 205),
Regulation DD (12 CFR part 230),
Regulation V (12 CFR part 222), and
Regulation P (12 CFR part 216 and
parallel regulations at 12 CFR part 332
(FDIC), 16 CFR part 313 (FTC), 12 CFR
part 716 and 741.220 (NCUA), 12 CFR
part 40 (OCC), 12 CFR part 573 (OTS))
each define ‘‘consumer’’ differently.
Similarly, Regulation B (12 CFR part
202) and Regulation Z define ‘‘credit’’
differently. Regulation Z defines
‘‘business day’’ differently than
Regulation CC (12 CFR part 229), for
which the Bureau shares certain joint
rulewriting authorities with the Federal
Reserve Board.
Sometimes different definitions are
necessary to fulfill different statutory
objectives, but other times those
differences may be unnecessary. What
terms, if any, should be defined more
consistently across these regulations?
How, precisely, should they be defined?
Sometimes key terms are not defined.
For example, under Regulations B and
C (12 CFR part 203), important
obligations of a creditor depend upon
whether an application is ‘‘approved,’’
‘‘denied,’’ or ‘‘withdrawn,’’ but neither
regulation defines these terms, leaving
room for different applications of the
same terms. What terms, if any, should
VerDate Mar<15>2010
18:28 Dec 02, 2011
Jkt 226001
be defined for the first time or defined
more clearly?
Coverage/Scope of Regulation B (Equal
Credit Opportunity)
Annual Privacy Notices
Under Regulation B, all creditors that
take applications for home purchase
loans or refinancings of home purchase
loans must request information about
applicant characteristics such as race
and ethnicity. 12 CFR 202.913(a).
Regulators can use these data to monitor
compliance with fair lending
obligations. Under Regulation C, some
depository and other mortgage lending
institutions are exempt from collecting
applicant characteristic information
based on factors such as location, size,
and loan volume. 12 CFR 203.1(c),
203.2(e). Should Regulations B and C
have a consistent exemption for data
collection, or do the data collections
serve different purposes justifying
different scopes of coverage?
Under Regulation B, all creditors that
take action on applications for credit
must timely notify applicants of the
action. 12 CFR 202.9(a). Should
creditors that receive a small number of
applications be exempted from this
requirement? If so, what is the
appropriate number of applications?
Should the existence or size of an
exemption vary based on type of
product? If the Bureau adopted an
exemption, what adjustments would it
need to make to requirements for
adverse action notices under the Fair
Credit Reporting Act?
Regulation P of the Board of
Governors of the Federal Reserve
System and parallel regulations of other
Federal agencies govern the treatment of
nonpublic personal information about
consumers. These regulations generally
require that financial services providers
give a privacy notice to a customer
annually during a customer
relationship. Providers have questioned
the value of providing consumers
annual notices where the provider’s
privacy practices have not changed
since the last notice, at least where the
provider does not share information
with other firms (or shares in narrow
cases). Should there be an exception
from the requirement to provide an
annual privacy notice in these or any
other circumstances?
ATM Fee Disclosure
Under Regulation E, any person that
operates an automated teller machine
(ATM) that imposes a fee on any
consumer for withdrawing funds or
inquiring about a balance must disclose
the amount of any fee the operator
charges. The operator must disclose the
fee on the ATM screen or in a paper
notice before the consumer must pay a
fee. In addition, the regulation requires
the operator to post a sign on the ATM
itself that fees ‘‘will’’ or ‘‘may be
imposed’’ but does not require the sign
to state the fee amount. 12 CFR
205.16(c). Should the requirement to
post a sign be eliminated? Are other
disclosures of ATM fees adequate to
inform consumers?
Coverage/Scope of Regulation C (Home
Mortgage Disclosure)
Under Regulation C, a depository
institution generally must collect,
report, and disclose certain mortgage
data if it originated or refinanced one
home purchase loan in the preceding
calendar year, its assets exceed a
specified minimum, and it is located in
a metropolitan statistical area. 12 CFR
203.2(e). As a result, some depository
institutions that do not originate home
purchase loans but occasionally
refinance a home purchase loan as an
accommodation for a customer are
required to collect, report, and disclose
mortgage data. Should depositories that
make or refinance small numbers of
loans be exempted? If so, what number
of loans would be appropriate?
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
Coverage/Scope of Regulation Z (Truth
in Lending)
In general, Regulation Z covers a
creditor if it extended consumer credit
more than 25 times in the past calendar
year (or more than 5 times, for
transactions secured by a dwelling). 12
CFR 226.2(a)(17)(v). Should these
thresholds be raised? What would be an
appropriate threshold? And should a
similar exemption be applied to
disclosure requirements under the Real
Estate Settlement Procedures Act that
the Bureau will integrate with Truth in
Lending disclosure requirements?
Regulation Z generally covers a
creditor if it makes more than 25
consumer loans in total of any type.
Should different types of consumer
credit have different thresholds? For
example, should creditors be exempted
from the student loan requirements if
they made less than a certain number of
student loans in the preceding calendar
year, regardless of how many other
consumer loans they made?
Ability To Pay Credit Card Debt
Regulation Z requires credit card
issuers, before extending credit, to
assess the individual borrower’s ability
E:\FR\FM\05DEP1.SGM
05DEP1
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules
to repay the loan. 12 CFR 226.51. This
requirement is based on a provision of
the Credit Card Accountability
Responsibility and Disclosure Act of
2009 (Credit CARD Act), Public Law
111–24, 123 Stat. 1734 (2009). Concern
has been expressed by some card issuers
and also some members of Congress that
these rules may have the unintended
consequence of precluding some
individuals, especially non-working
spouses, from obtaining credit they are
capable of repaying. Should this section
of Regulation Z be amended, and, if so,
how?
Electronic Disclosures
srobinson on DSK4SPTVN1PROD with PROPOSALS
Interstate Land Sales Full Disclosure
Act
The Interstate Land Sales Full
Disclosure Act (ILSA) (15 U.S.C. 1701 et
seq.) imposes reporting, disclosure, and
anti-fraud protections on some interstate
land sales. Commentators have
questioned whether improvements in
consumers’ access to information about
these sales warrant changes to reporting
and disclosure requirements. They have
also indicated that technological
changes may warrant updates to the
form and manner of reporting and
disclosure. Changes in state property
regulations in past decades may also
warrant changes to ILSA regulations.
For these or other reasons, what changes
to implementing regulations, if any,
should the Bureau make?
18:28 Dec 02, 2011
[FR Doc. 2011–31030 Filed 12–2–11; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–130777–11]
RIN 1545–BK45
The inherited regulations require that
certain disclosures, including periodic
statements and receipts under
Regulations E and Z, be provided to
consumers in writing in a form that they
may keep. The Electronic Signatures in
Global and National Commerce Act
(E-Sign Act) (15 U.S.C. 7001 et seq.)
permits disclosures that must be
provided in writing to be provided
electronically if the provider meets
certain requirements, including
obtaining the consumer’s consent. Some
parts of the inherited regulations permit
certain disclosures to be provided
electronically or in writing. Should the
Bureau permit other disclosures now
required to be in writing to be delivered
in electronic form?
In addition, mobile banking has
become more prevalent and widely used
by consumers since the E-Sign Act was
adopted. For mobile banking
applications, should the Bureau
consider allowing certain disclosures to
be provided by text messaging, even
though text messages are not readily
retainable and, if so, under what
circumstances and with what
safeguards?
VerDate Mar<15>2010
Dated: November 29, 2011.
Raj Date,
Special Advisor to the Secretary of the
Treasury on the Consumer Financial
Protection Bureau.
Jkt 226001
Treasury Inflation-Protected Securities
Issued at a Premium
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations and notice of public hearing.
AGENCY:
75829
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend the Income
Tax Regulations (26 CFR part 1) relating
to section 1275. The temporary
regulations provide that the coupon
bond method described in § 1.1275–7(d)
applies to Treasury Inflation-Protected
Securities (TIPS) issued with more than
a de minimis amount of premium. The
temporary regulations apply to TIPS
issued on or after April 8, 2011. The text
of the temporary regulations also serves
as the text of these proposed
regulations. In addition to comments on
the text of the temporary regulations,
the IRS and the Treasury Department
request comments on whether the rules
in the temporary regulations should be
extended to other types of inflationindexed debt instruments.
In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations that provide guidance on the
tax treatment of Treasury InflationProtected Securities issued with more
than a de minimis amount of premium.
The text of those regulations also serves
as the text of these proposed
regulations. This document also
provides notice of a public hearing on
these proposed regulations.
DATES: Written or electronic comments
must be received by March 5, 2012.
Outlines of topics to be discussed at the
public hearing scheduled for March 28,
2012, must be received by March 7,
2012.
Send submissions to:
CC:PA:LPD:PR (REG–130777–11), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–130777–
11), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC, or sent electronically,
via the Federal eRulemaking Portal at
https://www.regulations.gov (IRS REG–
130777–11).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
William E. Blanchard, (202) 622–3950;
concerning submissions of comments,
the hearing, and/or to be placed on the
building access list to attend the
hearing, Oluwafunmilayo (Funmi)
Taylor, (202) 622–7180 (not toll-free
numbers).
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulations do not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, this notice of proposed
rulemaking has been submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small businesses.
Comments and Public Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronic comments
that are submitted timely to the IRS. The
IRS and the Treasury Department
specifically request comments on the
clarity of the proposed rule and how it
may be made easier to understand. All
comments will be available for public
inspection and copying.
A public hearing has been scheduled
for March 28, 2012, beginning at 10 a.m.
in the IRS Auditorium, Internal Revenue
Building, 1111 Constitution Avenue
NW., Washington, DC. Due to building
security procedures, visitors must enter
through the Constitution Avenue
entrance. In addition, all visitors must
present photo identification to enter the
SUMMARY:
ADDRESSES:
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
E:\FR\FM\05DEP1.SGM
05DEP1
Agencies
[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Proposed Rules]
[Pages 75825-75829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31030]
=======================================================================
-----------------------------------------------------------------------
BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Chapter X
[Docket No. CFPB--2011-0039]
Streamlining Inherited Regulations
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of streamlining project; request for information.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Consumer Financial Protection (the Bureau) is
requesting specific suggestions from the public for streamlining
regulations it recently inherited from other Federal agencies. This
document asks the public to identify provisions of the inherited
regulations that the Bureau should make the highest priority for
updating, modifying, or eliminating because they are outdated, unduly
burdensome, or unnecessary. This document discusses several specific
requirements that may warrant review. It also seeks suggestions for
practical measures to make complying with the regulations easier.
DATES: Comments must be submitted by March 5, 2012. Commenters will
have 30 additional days, until April 3, 2012, to respond to other
comments.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Docket No.
CFPB-2011-0039.'' Comments should be submitted to:
Electronic: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Research, Markets & Regulations Division, Bureau of
Consumer Financial Protection, 1500 Pennsylvania Avenue NW., (Attn:
1801 L Street NW), Washington, DC 20220.
Hand Delivery/Courier in Lieu of Mail: Research, Markets &
Regulations Division, Bureau of Consumer Financial Protection, 1700 G
Street NW., Washington, DC 20006.
In general, all comments received will be posted without change to
https://www.regulations.gov. In addition, comments will be available for
public inspection and copying at 1700 G Street NW., Washington, DC
20006, on official business days between the hours of 10 a.m. and 5
p.m. Eastern Time. You can make an appointment to inspect comments by
telephoning (202) 435-7275.
All comments, 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, should not be included. Comments will not be edited
to remove any identifying or contact information.
FOR FURTHER INFORMATION CONTACT: Jane Gell, Senior Counsel and Special
Advisor; Daniel Brown, Counsel, Research, Markets & Regulations
Division, Bureau of Consumer Financial Protection, (202) 453-7700.
SUPPLEMENTARY INFORMATION:
I. Background
The Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank Act or Act) \1\ established the Bureau and, on July 21,
2011, transferred to the Bureau rulemaking authority under Federal
consumer financial laws previously vested in seven other Federal
agencies.\2\ Accordingly, the Bureau assumed responsibility over the
various regulations that these agencies had issued under this
rulemaking authority.\3\
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376 (2010).
\2\ These agencies are: The Board of Governors of the Federal
Reserve System (Board), the Federal Deposit Insurance Corporation
(FDIC), the Federal Trade Commission (FTC), the National Credit
Union Administration (NCUA), the Office of the Comptroller of the
Currency (OCC), the Office of Thrift Supervision (OTS), and the
Department of Housing and Urban Development (HUD).
\3\ On July 21, 2011, the Bureau published a list of the rules
and orders that it will enforce. See 76 FR 43569 (July 21, 2011).
The Bureau assumed rulemaking authority for all the items on this
list, except items 1 and 6 through 12 in section F (Federal Trade
Commission). The Bureau also has assumed responsibility over
Regulation FF, 12 CFR part 232, which the Board issued pursuant to
its authority under the Fair Credit Reporting Act, and which was
inadvertently omitted from the list.
---------------------------------------------------------------------------
In the coming weeks, the Bureau will republish the prior agencies'
regulations implementing fourteen consumer laws \4\ (the ``inherited
regulations'') as regulations of the Bureau, which will be codified in
Chapter X of Title 12 of the Code of Federal Regulations. These
republished regulations will incorporate only technical changes and
will not impose new substantive obligations. The technical changes
reflect the transfer of authority to the Bureau and certain other
amendments made by the Dodd-Frank Act to the underlying statutes.
---------------------------------------------------------------------------
\4\ These fourteen laws are: The Consumer Leasing Act, the
Electronic Fund Transfer Act (except with respect to Section 920 of
that Act), the Equal Credit Opportunity Act, the Fair Credit
Reporting Act (except with respect to Sections 615(e) and 628 of
that act), the Fair Debt Collection Practices Act, Subsections (b)
through (f) of Section 43 of the Federal Deposit Insurance Act,
Sections 502 through 509 of the Gramm-Leach-Bliley Act (except for
Section 505 as it applies to Section 501(b)), the Home Mortgage
Disclosure Act, the Real Estate Settlement Procedures Act, the
S.A.F.E. Mortgage Licensing Act, the Truth in Lending Act, the Truth
in Savings Act, Section 626 of the Omnibus Appropriations Act, 2009,
and the Interstate Land Sales Full Disclosure Act.
---------------------------------------------------------------------------
The inherited regulations serve important public policy purposes
and provide key protections to consumers, as discussed further below.
But the Bureau believes there may be opportunities to streamline the
inherited regulations by updating, modifying, or eliminating outdated,
unduly burdensome, or unnecessary provisions. With this document, the
Bureau is seeking specific suggestions from the public for the highest
priority areas for streamlining.\5\
---------------------------------------------------------------------------
\5\ This request for information is based in part on guidance
provided by the Office of Management and Budget Memorandum for the
Heads of Independent Regulatory Agencies, M-11-28, ``Executive Order
13579, `Regulation and Independent Regulatory Agencies' '' (July 22,
2011).
---------------------------------------------------------------------------
[[Page 75826]]
Setting priorities is necessary to ensure that the Bureau's
resources--and the resources of stakeholders who would comment on any
proposed revisions--are spent identifying the most promising areas for
streamlining and addressing them appropriately. Public input is
essential to selecting these priorities.
II. Streamlining the Inherited Regulations
Regulation is critical to achieving important public objectives
such as fair, stable, and efficient markets. Regulation of consumer
financial services, in particular, is an essential tool for achieving
key purposes and objectives Congress set forth for the Bureau,
including: providing consumers with timely and understandable
information about transactions; protecting consumers from unfair,
deceptive, or abusive practices and from discrimination; ensuring
markets operate fairly, transparently, and efficiently; and ensuring
access to consumer financial products and services for all consumers.
In addition, each of the laws on which the inherited regulations are
based has its own objectives, such as better informing consumers in the
market or markets subject to the law.
Regulation is critical to address failures in markets for consumer
financial services that markets will not correct on their own.
Sometimes regulation is necessary to produce information for the
marketplace that the market will not generate on its own. For example,
before adoption of the Truth in Lending Act (TILA), different lenders
disclosed credit costs in different ways for the same product, making
comparison difficult or impossible. TILA generally requires uniform
disclosure of the cost of credit. The Dodd-Frank Act requires the
Bureau to streamline disclosure of mortgage costs by consolidating TILA
disclosures with disclosures of mortgage settlement costs under the
Real Estate Settlement Procedures Act.
Sometimes better disclosures and better consumer education are not
sufficient to protect consumers and the marketplace, making substantive
regulations necessary to accomplish these goals. In the lead-up to the
financial crisis, market forces did not ensure adequate underwriting of
mortgage loans and lenders made large numbers of loans without due
regard to borrowers' repayment ability. The Dodd-Frank Act requires
lenders to make a reasonable and good faith determination that a
borrower can repay his or her mortgage.\6\ The Act also addresses the
failure of the market to curb certain servicing practices that harm
consumers. Consumers cannot feasibly switch servicers, so servicers
often lack sufficient incentives to treat consumers appropriately. The
Dodd-Frank Act creates new protections for consumers against certain
harmful servicing practices.\7\
---------------------------------------------------------------------------
\6\ Public Law 111-203 Sec. 1411, 124 Stat. 1376, 2142 (to be
codified at 15 U.S.C. 1639c).
\7\ Public Law 111-203 Sec. Sec. 1461-1465, 124 Stat. 1376,
2178-85 (to be codified at 15 U.S.C. 1639d-g).
---------------------------------------------------------------------------
For the next year the Bureau is focusing most of its rulemaking
resources on these and other mortgage reforms that Congress instructed
the Bureau to implement. This focus is dictated by the January 2013
statutory deadline for most of these rules.
At the same time, the Bureau wants to start reviewing the inherited
regulations. In document, the Bureau is focused on identifying the
highest priorities for streamlining these regulations. In addition to
authorizing new rules to address market failures, Congress also
authorized the Bureau to ``reduce unwarranted regulatory burden'' by
regularly identifying and addressing ``outdated, unnecessary, or unduly
burdensome regulations.'' \8\ Some of the consumer protection statutes
also authorize the Bureau to make adjustments and exceptions to
statutory requirements where necessary or appropriate to facilitate
compliance.\9\
---------------------------------------------------------------------------
\8\ Public Law 111-203 Sec. 1021, 124 Stat. 1376, 1980 (to be
codified at 12 U.S.C. 5511).
\9\ See, e.g., 15 U.S.C. 1667f (Consumer Leasing Act); 15 U.S.C.
1693b(c) (Electronic Fund Transfer Act); 15 U.S.C. 1691b (Equal
Credit Opportunity Act); 12 U.S.C. 2804(a) (Home Mortgage Disclosure
Act); 12 U.S.C. 2617(a) (Real Estate Settlement Procedures Act); 15
U.S.C. 1604(a) (Truth in Lending Act); 12 U.S.C. 4308(a)(3) (Truth
in Savings Act).
---------------------------------------------------------------------------
Different circumstances may point to opportunities for streamlining
rules and facilitating compliance. Some regulations may have become
overly complex and unnecessarily difficult to understand and comply
with, presenting an opportunity for simplification. Differences between
regulations, such as differences in definitions of key terms, may cause
confusion, presenting an opportunity for standardization where
underlying statutes permit. In some cases, the Bureau has inherited
from different agencies several regulations implementing the same law,
which may present opportunities for harmonization.\10\
---------------------------------------------------------------------------
\10\ As the Bureau republishes the inherited regulations in the
coming weeks, it will consolidate separate regulations issued by
different agencies to implement the same law. Because the Bureau
will make only technical changes with republication, the republished
rules will preserve some small but arguably substantive differences
among the predecessor rules. The Bureau seeks comment on whether and
how best to harmonize the remaining differences.
---------------------------------------------------------------------------
Due to changing technology or market practices, some provisions of
regulations may be less necessary or no longer needed. Provisions may
refer to technologies that are no longer frequently used; fail to
reflect technologies that are now in use; or inhibit the use of
existing or emerging technologies. These types of circumstances may
call for updating regulations. Regulations may also need to be reviewed
to determine if they unnecessarily restrict consumer choice, inhibit
innovation, or inappropriately favor certain business models.
Provisions of regulations may be more stringent than necessary to
achieve the objective, or they may have little incremental effect over
and above other existing laws or market forces. Provisions may suit
larger market participants but impose unnecessarily disproportionate
costs on smaller participants. These types of circumstances may call
for relaxing, reducing, or eliminating provisions of regulations at
least for some types or sizes of providers.
Various circumstances can also warrant stronger rules. For example,
market changes may have produced gaps in coverage of certain types of
entities or transactions. Disclosures may have to be supplemented or
replaced with restrictions on sales practices or product terms that are
unfair according to established legal standards. The Bureau will
consider in due course how the inherited regulations may need to be
strengthened. In this document, the Bureau is focused on identifying
streamlining opportunities.
III. Goals, Approaches, and Potential Outcomes of This Targeted Review
The principal goal of this initial, targeted review is to identify
the highest priority areas for attempting to streamline the inherited
regulations by updating, modifying, or eliminating outdated, unduly
burdensome, or unnecessary provisions. The Bureau is focused on
identifying improvements it can make without Congressional action--that
is, improvements that are consistent with the underlying statute in
question and with the discretion Congress has given the Bureau to
implement that statute, including any discretion to adopt exceptions
from, or adjustments to, statutory requirements.
[[Page 75827]]
If the Bureau judges that a desired change requires a statutory
amendment, the Bureau will consider making recommendations to Congress.
But the purpose of this document is not to solicit recommendations for
changes, however important, that require Congressional action.
After the Bureau receives public input and determines its
priorities, the Bureau will consider whether to issue a notice of
proposed rulemaking to streamline specific provisions of regulations.
Examples of specific provisions the Bureau may consider revising are
listed in Part V. The Bureau could also, or instead, fold proposals to
revise specific provisions into one or more of the broader rulemakings
that will implement the Dodd-Frank Act's changes to the Truth in
Lending, Real Estate Settlement Procedures, Home Mortgage Disclosure,
and Equal Credit Opportunity Acts. The Bureau also could address
specific provisions of regulations when it reviews those regulations in
due course. The Bureau will also consider practical measures to make it
easier for firms, especially smaller ones, to comply with the inherited
regulations.
In setting priorities for streamlining, the Bureau will consider
five factors: first, the potential benefits and costs of a potential
regulatory change for consumers and covered entities; second, the
likelihood that the Bureau would be able to achieve the benefits
consistent with the underlying statute; third, the speed with which the
public would realize the benefits; fourth, the governmental and private
resources it would take to realize the benefits; and fifth, the state
of the evidence with which to judge these factors.
These criteria have certain implications. The Bureau will not
consider changes that would undermine important public policy
objectives simply to reduce compliance burdens. The Bureau also is
mindful that the benefits of regulatory stability, which allows firms
to plan with confidence, sometimes outweigh the benefits of small
improvements to a regulation. In addition, a change that reduces costs
in one respect may increase costs in another respect, and the Bureau
will be mindful of these tradeoffs. For example, making two regulations
more consistent with each other may make compliance easier but set more
stringent requirements for at least some transactions.
The Bureau will seek the most reliable available evidence,
including quantitative data where feasible, to facilitate analysis of
key issues. The Bureau will be sensitive to the sometimes substantial
cost of obtaining data and will seek to ensure that the benefits of
procuring the data are worth their cost. However, the Bureau will also
expect that advocates of specific revisions to regulations provide
evidence to justify any assertion that the benefits of these revisions
would justify the costs.
Another goal of this document is to facilitate planning for
reviewing the inherited regulations more broadly. The Bureau's review
of inherited regulations must proceed in stages. It would not be
feasible for the Bureau or the public to review or revise all of the
inherited regulations at once. Considering changes to regulations takes
time--the law and prudence require robust analysis and public comment
on substantive changes to regulations. This process takes substantial
public resources. It also takes substantial private resources of the
stakeholders that engage in the process.
The Bureau's highest rulemaking priority in the near term is
careful implementation of mortgage reforms of the Dodd-Frank Act, most
of which have a January 2013 deadline. The Bureau must set priorities
for addressing other regulations--those in need of streamlining and
those in need of strengthening--and decide where to begin, and then it
will seek to proceed in the way that best uses public and private
resources. For this reason, the Bureau also seeks input on how it
should approach reviewing the inherited regulations, including the
order in which it should review them.
Comment is sought on these goals, approaches, and potential
outcomes.
IV. General Requests for Information
The questions below solicit comment on (a) Planning for reviews of
the inherited regulations generally; (b) specific opportunities for
streamlining the inherited regulations; and (c) practical measures to
facilitate compliance and promote innovation. The inherited regulations
will be republished shortly.\11\ Comments should prominently identify
the specific provision (as republished) of the specific regulation
addressed.
---------------------------------------------------------------------------
\11\ The inherited regulations implement the statutes listed in
footnote 4.
---------------------------------------------------------------------------
1. The Bureau could define its priorities for reviewing the
inherited regulations in at least two different ways. It could focus on
a particular regulation or set of regulations. Or it could focus on a
market sector and all of the regulations that apply to that sector.
Commenters may suggest other approaches. What approach should the
Bureau take, and why? In what order should the Bureau review the
inherited regulations, and why?
2. Commenters are invited to offer their highest priorities for
updating, modifying, or eliminating specific provisions of regulations
that are outdated, unduly burdensome, or unnecessary. Commenters are
asked to single out their top priority. Suggestions should focus on
revisions that would not require Congressional action. Commenters may
wish to take into account the five factors the Bureau plans to consider
to set its priorities: The size, likelihood, and speed of potential
gains from streamlining; the resources needed to achieve the gains; and
the strength of the evidence with which to judge these factors.
Commenters may consider suggesting provisions of regulations that
should be:
Simplified, rationalized, or consolidated;
Relaxed, modified, or eliminated, perhaps for smaller
firms or certain classes of transactions, without undermining essential
protections;
Updated to reflect current practices and technology;
Adjusted to avoid unintended consequences; or
Changed to remove an obstacle to responsible innovation.
3. The Bureau is in the midst of testing new mortgage disclosures
under the Truth in Lending Act and Real Estate Settlement Procedures
Act. Are there other required disclosures that available evidence
suggests should be considered for modification or removal?
4. For each suggestion in response to questions 2 and 3, commenters
are asked to describe and, where possible, quantify the potential
benefits and costs to consumers and providers of changing the
regulation as recommended.
5. For each suggestion, commenters are asked to submit or identify
empirical models, data, research, case studies, or other evidence the
Bureau could use to analyze and, if possible, to quantify or describe
the potential costs and benefits of the changes the commenter
advocates.
6. Are there pilots, field tests, or demonstrations that the Bureau
could launch to better assess benefits and costs of potential revisions
to regulations?
7. The Bureau is interested in identifying practical measures it
can take, apart from revising regulations, to make compliance with the
inherited regulations easier. For example, are there systematic ways
the Bureau could improve guidance about how to comply with regulations?
Are there ways the Bureau could make it easier for financial
[[Page 75828]]
institutions to obtain answers to specific compliance questions they
may have? The Bureau will evaluate recommendations according to the
same factors it will use to evaluate suggestions to revise regulations.
8. The Bureau also is interested in identifying practical measures
it could take to promote, or remove obstacles to, responsible
innovation in consumer financial services markets.
V. Specific Illustrations of Potential Streamlining Opportunities
In this part, the Bureau seeks information and views about specific
potential revisions to the inherited regulations. The Bureau has not
necessarily determined its authority to address the examples discussed
below. In some cases, the Bureau may determine after further
consideration that statutory amendments may be required. Nor has the
Bureau determined whether it should adopt any of the revisions
discussed below, or whether these particular revisions, if warranted,
would be more important than other possible revisions the Bureau may
consider after receiving public input.
Consistent and Sufficient Definitions
Several of the inherited regulations define key terms differently.
For example, Regulation Z (12 CFR part 226), Regulation E (12 CFR part
205), Regulation DD (12 CFR part 230), Regulation V (12 CFR part 222),
and Regulation P (12 CFR part 216 and parallel regulations at 12 CFR
part 332 (FDIC), 16 CFR part 313 (FTC), 12 CFR part 716 and 741.220
(NCUA), 12 CFR part 40 (OCC), 12 CFR part 573 (OTS)) each define
``consumer'' differently. Similarly, Regulation B (12 CFR part 202) and
Regulation Z define ``credit'' differently. Regulation Z defines
``business day'' differently than Regulation CC (12 CFR part 229), for
which the Bureau shares certain joint rulewriting authorities with the
Federal Reserve Board.
Sometimes different definitions are necessary to fulfill different
statutory objectives, but other times those differences may be
unnecessary. What terms, if any, should be defined more consistently
across these regulations? How, precisely, should they be defined?
Sometimes key terms are not defined. For example, under Regulations
B and C (12 CFR part 203), important obligations of a creditor depend
upon whether an application is ``approved,'' ``denied,'' or
``withdrawn,'' but neither regulation defines these terms, leaving room
for different applications of the same terms. What terms, if any,
should be defined for the first time or defined more clearly?
Annual Privacy Notices
Regulation P of the Board of Governors of the Federal Reserve
System and parallel regulations of other Federal agencies govern the
treatment of nonpublic personal information about consumers. These
regulations generally require that financial services providers give a
privacy notice to a customer annually during a customer relationship.
Providers have questioned the value of providing consumers annual
notices where the provider's privacy practices have not changed since
the last notice, at least where the provider does not share information
with other firms (or shares in narrow cases). Should there be an
exception from the requirement to provide an annual privacy notice in
these or any other circumstances?
ATM Fee Disclosure
Under Regulation E, any person that operates an automated teller
machine (ATM) that imposes a fee on any consumer for withdrawing funds
or inquiring about a balance must disclose the amount of any fee the
operator charges. The operator must disclose the fee on the ATM screen
or in a paper notice before the consumer must pay a fee. In addition,
the regulation requires the operator to post a sign on the ATM itself
that fees ``will'' or ``may be imposed'' but does not require the sign
to state the fee amount. 12 CFR 205.16(c). Should the requirement to
post a sign be eliminated? Are other disclosures of ATM fees adequate
to inform consumers?
Coverage/Scope of Regulation C (Home Mortgage Disclosure)
Under Regulation C, a depository institution generally must
collect, report, and disclose certain mortgage data if it originated or
refinanced one home purchase loan in the preceding calendar year, its
assets exceed a specified minimum, and it is located in a metropolitan
statistical area. 12 CFR 203.2(e). As a result, some depository
institutions that do not originate home purchase loans but occasionally
refinance a home purchase loan as an accommodation for a customer are
required to collect, report, and disclose mortgage data. Should
depositories that make or refinance small numbers of loans be exempted?
If so, what number of loans would be appropriate?
Coverage/Scope of Regulation B (Equal Credit Opportunity)
Under Regulation B, all creditors that take applications for home
purchase loans or refinancings of home purchase loans must request
information about applicant characteristics such as race and ethnicity.
12 CFR 202.913(a). Regulators can use these data to monitor compliance
with fair lending obligations. Under Regulation C, some depository and
other mortgage lending institutions are exempt from collecting
applicant characteristic information based on factors such as location,
size, and loan volume. 12 CFR 203.1(c), 203.2(e). Should Regulations B
and C have a consistent exemption for data collection, or do the data
collections serve different purposes justifying different scopes of
coverage?
Under Regulation B, all creditors that take action on applications
for credit must timely notify applicants of the action. 12 CFR
202.9(a). Should creditors that receive a small number of applications
be exempted from this requirement? If so, what is the appropriate
number of applications? Should the existence or size of an exemption
vary based on type of product? If the Bureau adopted an exemption, what
adjustments would it need to make to requirements for adverse action
notices under the Fair Credit Reporting Act?
Coverage/Scope of Regulation Z (Truth in Lending)
In general, Regulation Z covers a creditor if it extended consumer
credit more than 25 times in the past calendar year (or more than 5
times, for transactions secured by a dwelling). 12 CFR 226.2(a)(17)(v).
Should these thresholds be raised? What would be an appropriate
threshold? And should a similar exemption be applied to disclosure
requirements under the Real Estate Settlement Procedures Act that the
Bureau will integrate with Truth in Lending disclosure requirements?
Regulation Z generally covers a creditor if it makes more than 25
consumer loans in total of any type. Should different types of consumer
credit have different thresholds? For example, should creditors be
exempted from the student loan requirements if they made less than a
certain number of student loans in the preceding calendar year,
regardless of how many other consumer loans they made?
Ability To Pay Credit Card Debt
Regulation Z requires credit card issuers, before extending credit,
to assess the individual borrower's ability
[[Page 75829]]
to repay the loan. 12 CFR 226.51. This requirement is based on a
provision of the Credit Card Accountability Responsibility and
Disclosure Act of 2009 (Credit CARD Act), Public Law 111-24, 123 Stat.
1734 (2009). Concern has been expressed by some card issuers and also
some members of Congress that these rules may have the unintended
consequence of precluding some individuals, especially non-working
spouses, from obtaining credit they are capable of repaying. Should
this section of Regulation Z be amended, and, if so, how?
Electronic Disclosures
The inherited regulations require that certain disclosures,
including periodic statements and receipts under Regulations E and Z,
be provided to consumers in writing in a form that they may keep. The
Electronic Signatures in Global and National Commerce Act (E-Sign Act)
(15 U.S.C. 7001 et seq.) permits disclosures that must be provided in
writing to be provided electronically if the provider meets certain
requirements, including obtaining the consumer's consent. Some parts of
the inherited regulations permit certain disclosures to be provided
electronically or in writing. Should the Bureau permit other
disclosures now required to be in writing to be delivered in electronic
form?
In addition, mobile banking has become more prevalent and widely
used by consumers since the E-Sign Act was adopted. For mobile banking
applications, should the Bureau consider allowing certain disclosures
to be provided by text messaging, even though text messages are not
readily retainable and, if so, under what circumstances and with what
safeguards?
Interstate Land Sales Full Disclosure Act
The Interstate Land Sales Full Disclosure Act (ILSA) (15 U.S.C.
1701 et seq.) imposes reporting, disclosure, and anti-fraud protections
on some interstate land sales. Commentators have questioned whether
improvements in consumers' access to information about these sales
warrant changes to reporting and disclosure requirements. They have
also indicated that technological changes may warrant updates to the
form and manner of reporting and disclosure. Changes in state property
regulations in past decades may also warrant changes to ILSA
regulations. For these or other reasons, what changes to implementing
regulations, if any, should the Bureau make?
Dated: November 29, 2011.
Raj Date,
Special Advisor to the Secretary of the Treasury on the Consumer
Financial Protection Bureau.
[FR Doc. 2011-31030 Filed 12-2-11; 8:45 am]
BILLING CODE 4810-AM-P