Rescission of Rules, 22200-22204 [2012-8748]

Download as PDF 22200 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations Government personnel and agencies under § 740.11(b)(2)(ii) of the EAR, or an itemspecific license exception identified in Supplement No. 5 to part 774 particular to an item covered under ECCN 0E521. The list of technologies determined to be classified under ECCN 0E521 controls is published in Supplement No. 5 to part 774. The license requirements and licensing policy relating to ECCN 0E521 are set forth in § 742.6(a)(7) of the EAR. * * * * * 14. Add and reserve Supplement No. 4 to part 774 to read as follows: ■ Item descriptor. Note: The description must match by model number or a broader descriptor that does not necessarily need to be company specific. 1. [Reserved] 2. [Reserved] [FR Doc. 2012–8944 Filed 4–12–12; 8:45 am] BILLING CODE 3510–33–P FEDERAL TRADE COMMISSION 16 CFR Parts 320, 321, 322, 603, 610, 611, 613, 614, and 901 RIN 3084–AB31 Rescission of Rules Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Final rule; rescission of regulations. AGENCY: Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act transferred rulemaking authority for a number of consumer financial protection laws to the Consumer Financial Protection Bureau (‘‘CFPB’’). As a result, the Commission is rescinding the following rules under the Fair Credit Reporting Act: ‘‘[Identity Theft] Definitions’’; ‘‘Free Annual File Disclosures Rule’’; ‘‘Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency’’; ‘‘Duration of Active Duty Alerts’’; and ‘‘Appropriate Proof of Identity.’’ In addition, the Commission is rescinding two rules addressing mortgage advertising and mortgage assistance relief services under the 2009 Omnibus Appropriations Act: ‘‘Mortgage Acts and Practices– Advertising Rule’’ and ‘‘Mortgage Assistance Relief Services Rule.’’ The Commission is also rescinding its rules pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: 12:58 Apr 12, 2012 15. Add Supplement No. 5 to part 774 to read as follows: ■ SUPPLEMENT NO. 5 TO PART 774— ITEMS CLASSIFIED UNDER ECCNS 0A521, 0B521, 0C521, 0D521 AND 0E521 Jkt 226001 of Commerce, with the concurrence of the Departments of Defense and State, has identified warrant control for export or reexport because the items provide at least a significant military or intelligence advantage to the United States or for foreign policy reasons. The following table lists items subject to the EAR that are not listed elsewhere in the CCL, but which the Department Date of initial or subsequent BIS classification. Dated: April 9, 2012. Kevin J. Wolf, Assistant Secretary for Export Administration. VerDate Mar<15>2010 SUPPLEMENT NO. 4 TO PART 774— [RESERVED] Date when the item will be designated EAR99, unless reclassified in another ECCN or the 0Y521 classification is reissued. governing ‘‘Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance’’ under the Federal Deposit Insurance Corporation Improvement Act and its ‘‘Procedures for State Application for Exemption from the Provisions of the [Federal Debt Collection Practices] Act.’’ These rules have been republished by the CFPB. DATES: Effective Date: April 13, 2012. ADDRESSES: Copies of this document are available from: Public Reference Branch, Room 130, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. Copies of this document are also available on the Internet at the Commission’s Web site: https://www.ftc.gov. FOR FURTHER INFORMATION CONTACT: FCRA Rules: Katherine Armstrong, Senior Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, (202) 326–3250, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. Mortgage Rules: For the Mortgage Acts and Practices—Advertising Rule, contact Laura Johnson, Senior Attorney, Financial Practices Division, Bureau of Consumer Protection, (202) 326–3224, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. For the Mortgage Assistance Relief Services Rule, contact Evan Zullow, Senior Attorney, Financial Practices Division, Bureau of Consumer Protection, (202) 326–3224, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. Deposit Insurance: Hampton Newsome, Senior Attorney, Enforcement Division, Bureau of Consumer Protection, (202) 326–2889, Federal Trade Commission, 600 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Item-specific license exception eligibility. Pennsylvania Avenue NW., Washington, DC 20580. Debt Collection: Thomas Kane, Senior Attorney, Financial Practices Division, Bureau of Consumer Protection, (202) 326–3224, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Background On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘‘Dodd-Frank Act’’).1 The DoddFrank Act substantially changed the federal legal framework for financial services providers. Among the changes, the Dodd-Frank Act transferred to the CFPB the Commission’s rulemaking authority under the Fair Debt Collection Practices Act (‘‘FDCPA’’),2 section 43 of the Federal Deposit Insurance Act (‘‘FDIA’’),3 section 626 of the 2009 Omnibus Appropriations Act,4 and portions of the Fair Credit Reporting Act 1 Public Law 111–203, 124 Stat. 1376 (2010). U.S.C. 1692–1692p. 3 12 U.S.C. 1831t(c)-(f). 4 Public Law 111–8, section 626, 123 Stat. 524 (Mar. 11, 2009). 2 15 E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES (‘‘FCRA’’) (collectively, ‘‘the Acts’’),5 on July 21, 2011.6 As a result, the Commission is rescinding the following nine rules issued under the Acts, which have been republished by the CFPB: • Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance, 16 CFR Part 320 (republished by the CFPB at 12 CFR part 1009); • Mortgage Acts and Practices— Advertising Rule, 16 CFR part 321 (republished by the CFPB at 12 CFR part 1014); • Mortgage Assistance Relief Services Rule, 16 CFR part 322 (republished by the CFPB at 12 CFR part 1015); • [Identity Theft] Definitions, 16 CFR Part 603 (republished by the CFPB at 12 CFR 1022.3); • Free Annual File Disclosures Rule, 16 CFR Part 610 (republished by the CFPB at 12 CFR 1022.130); • Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency, 16 CFR Part 611 (republished by the CFPB at 12 CFR 1022.140); • Duration of Active Duty Alerts, 16 CFR part 613 (republished by the CFPB at 12 CFR 1022.121); • Appropriate Proof of Identity, 16 CFR part 614 (republished by the CFPB at 12 CFR 1022.123); and • Procedures for State Application for Exemption from the Provisions of the [Fair Debt Collection Practices] Act, 16 CFR part 901 (republished by the CFPB at 12 CFR part 1006). The CFPB republished these rules on an interim final basis and the CFPB rules became effective on December 30, 2011.7 Accordingly, the FTC is 5 15 U.S.C. 1681 et seq. The Dodd-Frank Act does not transfer to the CFPB rulemaking authority for FCRA sections 615(e) (‘‘Red Flag Guidelines and Regulations Required’’) and 628 (‘‘Disposal of Records’’). See 15 U.S.C. 1681s(e); Public Law 111– 203, section 1088(a)(10)(E). Accordingly, the Commission retains rulemaking authority for its ‘‘Identity Theft Rules,’’ 16 CFR part 681, and its rules governing ‘‘Disposal of Consumer Report Information and Records,’’ 16 CFR Part 682. See 15 U.S.C. 1681m, 1681w. In addition, the Commission retains rulemaking authority under FCRA over any motor vehicle dealer described in Section 1029(a) of the Dodd-Frank Act that is predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. See Dodd-Frank Act, § 1029(a), (c). 6 Dodd-Frank Act, § 1061. This date is the ‘‘designated transfer date’’ established by the Treasury Department under the Dodd-Frank Act. See Dep’t of the Treasury, Bureau of Consumer Financial Protection; Designated Transfer Date, 75 FR 57252, 57253 (Sept. 20, 2010); see also DoddFrank Act, § 1062. 7 See 76 FR 78121 (Dec. 16, 2011); 76 FR 78126 (Dec. 16, 2011); 76 FR 78130 (Dec. 16, 2011); 76 FR 79308 (Dec. 21, 2011). VerDate Mar<15>2010 12:58 Apr 12, 2012 Jkt 226001 rescinding its version of these rules effective immediately. The FTC will retain rulemaking authority for other rules promulgated under the Acts to the extent the rules apply to motor vehicle dealers described in section 1029(a) of the Dodd-Frank Act that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.8 These seven rules are: • Privacy of Consumer Financial Information Privacy Rule, 16 CFR part 313; • Duties of Creditors Regarding RiskBased Pricing, 16 CFR part 640; • Duties of Users of Consumer Reports Regarding Address Discrepancies, 16 CFR part 641; • Prescreen Opt-Out Notice, 16 CFR part 642; • Duties of Furnishers of Information to Consumer Reporting Agencies, 16 CFR part 660; • Affiliate Marketing, 16 CFR part 680; and • Model Forms and Disclosures, 16 CFR part 698. The Commission is authorized to maintain these rules pursuant to section 1029(c) of the Dodd-Frank Act and section 504(a) of the Gramm-LeachBliley Act.9 These rules remain in effect to the extent that they apply to motor vehicle dealers and will remain in Title 16 of the Code of Federal Regulations. Under the Dodd-Frank Act, the FTC also retains its authority to bring law enforcement actions to enforce the Acts and FTC and CFPB rules issued under the Acts. A. Rules Under the Fair Credit Reporting Act The FCRA governs the collection, assembly, and use of consumer report information and provides the framework for the credit reporting system in the United States.10 Since enactment of the FCRA in 1970, the FTC has played a key role in its implementation, oversight, enforcement, and interpretation. On July 21, 2011, the Dodd-Frank Act transferred to the CFPB most of the Commission’s rulemaking authority under the FCRA.11 As a result, the Commission is rescinding the rules discussed below, which the CFPB republished on an interim final basis on December 21, 2011. The republished rules became effective on December 30, 2011.12 8 See U.S.C. 6804(a). 10 15 U.S.C. 1681 et seq. 11 See supra note 5. 12 See 76 FR 79308 (Dec. 21, 2011); see also 12 CFR part 1022. PO 00000 1. 16 CFR Part 603: [Identity Theft] Definitions The Fair and Accurate Credit Transactions Act of 2003 (‘‘FACT Act’’) amended the FCRA and included requirements for consumer reporting agencies, creditors, and others to help remedy identity theft. The FTC issued final rules to define the terms ‘‘identity theft’’ and ‘‘identity theft report.’’ 13 2. 16 CFR Part 610: Free Annual File Disclosures Rule The FACT Act required consumer reporting agencies to provide consumers with one free copy of their file disclosure annually. (These free annual file disclosures are commonly known as ‘‘free credit reports.’’) As required by the FACT Act, the FTC issued a rule requiring the establishment of a centralized source through which consumers may request these free annual file disclosures from each nationwide consumer reporting agency; a standardized form for such requests; and a streamlined process for consumers to request free annual file disclosures from nationwide specialty consumer reporting agencies.14 Pursuant to the Credit Card Accountability Responsibility and Disclosure Act of 2009 (‘‘Credit CARD Act’’),15 the FTC amended the rule to require that certain advertisements for ‘‘free credit reports’’ include prominent disclosures, and to prohibit other practices that may interfere with the free annual file disclosure process.16 3. 16 CFR Part 611: Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency The FCRA imposes certain specific requirements on ‘‘nationwide consumer reporting agencies.’’ As required by the FACT Act, the FTC promulgated an interim final rule prohibiting consumer reporting agencies from avoiding treatment as nationwide consumer reporting agencies through any means, including corporate structuring or technological methods.17 4. 16 CFR Part 613: Duration of Active Duty Alerts Active Duty Alerts help service members who are deployed and may find it difficult to monitor their financial accounts. These service members can place alerts on their credit reports, which require that users of such Dodd-Frank Act, § 1029(a), (c). 9 15 Frm 00017 Fmt 4700 Sfmt 4700 22201 13 69 FR 63922 (Nov. 3, 2004). FR 35468 (June 24, 2004). 15 Public Law 111–24, 123 Stat. 1734. 16 75 FR 9726 (Mar. 3, 2010). 17 69 FR 29061 (May 20, 2004). 14 69 E:\FR\FM\13APR1.SGM 13APR1 22202 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations reports have reasonable policies and procedures to verify the identity of the person requesting credit. As required by the FACT Act, the FTC issued a final rule establishing that the duration of active duty alerts shall be twelve months.18 5. 16 CFR Part 614: Appropriate Proof of Identity As required by the FACT Act, the FTC established requirements for what constitutes appropriate proof of identity for purposes of who can place fraud or active duty alerts or request truncation of social security numbers on credit reports.19 The rule helps to ensure that identity thieves cannot easily access another person’s credit report. B. Mortgage Rules Section 626 of the 2009 Omnibus Appropriations Act,20 as clarified by the Credit CARD Act,21 directed the Commission to initiate rulemakings with respect to unfair or deceptive acts or practices involving mortgage loans. To implement the Act, the Commission issued two rules on mortgage loan practices: the Mortgage Acts and Practices-Advertising (‘‘MAP-Ad’’) Rule and the Mortgage Assistance Relief Services (‘‘MARS’’) Rule. Because the Dodd-Frank Act transferred to the CFPB the Commission’s rulemaking authority under Section 626, the Commission is rescinding its MAP-Ad and MARS rules. The CFPB republished these rules on an interim final basis on December 16, 2011. The republished rules became effective on December 30, 2011.22 1. 16 CFR Part 321: Mortgage Acts and Practices—Advertising The MAP-Ad Rule prohibits deceptive marketing of mortgage loans.23 2. 16 CFR Part 322: Mortgage Assistance Relief Services Rule The MARS Rule addresses the practices of entities (other than mortgage servicers) who offer assistance to consumers in dealing with owners or servicers of their loans to modify them or avoid foreclosure.24 The rule bans providers of mortgage foreclosure rescue and loan modification services from collecting fees until homeowners have a 18 69 pmangrum on DSK3VPTVN1PROD with RULES D. Debt Collection The FDCPA provided the Commission with rulemaking authority to promulgate procedures for granting states exemptions from the FDCPA.28 Pursuant to Section 817 of the FDCPA, the Commission promulgated Procedures for State Application for Exemption from the Provisions of the [Fair Debt Collection Practices] Act (‘‘Procedures’’).29 Under the Procedures, any state may apply to the Commission for a determination that debt collection practices within the state are subject to Public Law 102–242, 105 Stat. 2236. CFR part 320; see also 75 FR 31682 (June 4, 2010). These disclosure requirements do not apply to depository institutions that do not receive initial deposits of less than the standard maximum insurance amount for federal deposit insurance. That amount is currently $250,000. 27 See 76 FR 78126 (Dec. 16, 2011); see also 12 CFR part 1009. 28 FDCPA, § 817, 15 U.S.C. 1692o. 29 16 CFR part 901; see also 44 FR 21005 (Apr. 9, 1979). 26 16 19 Id. 20 Omnibus Appropriations Act, 2009, Public Law 111–8, 123 Stat. 524. 21 Credit Card Act § 511(a)(1)(B). 22 76 FR 78130 (Dec. 16, 2011); see also 12 CFR parts 1014 and 1015. 23 76 FR 43826 (July 22, 2011); see also 16 CFR part 321. 24 75 FR 75092 (Dec. 1, 2010); see also 16 CFR part 322. 12:58 Apr 12, 2012 C. Deposit Insurance The Federal Deposit Insurance Corporation Improvement Act (‘‘FDICIA’’) added a new section 43 (12 U.S.C. 1831t) to the FDIA, which directed the Commission to prescribe disclosures for depository institutions that lack federal deposit insurance.25 Under Section 43, the Commission issued a rule requiring covered institutions to include a disclosure about the lack of federal deposit insurance on periodic statements and account records.26 In addition, the rule requires most advertising for these institutions to include disclosures about the lack of federal insurance. The covered institutions also must obtain signed acknowledgments from new depositors about the fact that the institution is not federally insured. The Dodd-Frank Act transferred the Commission’s rulemaking authority under the FDIA to the CFPB. As a result, the Commission is rescinding its Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance, which the CFPB republished on an interim final basis on December 16, 2011. The republished rules became effective on December 30, 2011.27 25 See FR 63922 (Nov. 3, 2004). VerDate Mar<15>2010 written offer from their lender or servicer that they decide is acceptable. The rule also requires mortgage relief companies to disclose key information to consumers to protect them from being misled and to help them make better informed purchasing decisions. In addition, the rule prohibits mortgage relief companies from making false or misleading claims about their services. Jkt 226001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 requirements under the laws of the state that are substantially similar to, or provide greater protection for consumers than, those imposed under sections 803 through 812 of the FDCPA, and that there is adequate provision for state enforcement of those requirements.30 If the Commission determines that a state has met these criteria, the Commission must exempt the class of debt collection practices in that state from the requirements of sections 803 through 812.31 Because the Dodd-Frank Act transferred to the CFPB the Commission’s authority under the FDCPA to grant exemptions by regulation, the Commission is rescinding its Procedures for State Application for Exemption from the Provisions of the [Fair Debt Collection Practices] Act. The CFPB republished rules governing these procedures on an interim final basis on December 16, 2011. The republished rules became effective on December 30, 2011.32 II. Procedural Requirements Under the Administrative Procedure Act,33 an agency may promulgate or rescind a rule without prior notice and an opportunity for public comment if the agency finds for good cause that notice and comment are unnecessary.34 Public comment on the rescission of these rules is unnecessary because the FTC’s rulemaking authority has transferred to the CFPB pursuant to the statutory mandate of the Dodd-Frank Act. Thus, the FTC has no discretion to maintain these rules, and there is no reason for public comment on this regulatory action. The CFPB’s regulations went into effect on December 30, 2011. Therefore, rescission of the FTC rules will help avoid confusion as to which rules are now in effect. Accordingly, the Commission finds that public notice and comment is unnecessary. In addition, the Commission has determined that the rescissions may take effect immediately upon publication of this notice in the Federal Register, as permitted by the Administrative Procedure Act.35 The removal of the regulations is exempt from the usual 30-day notice requirement as it merely ‘‘relieves a 30 16 CFR 901.2. CFR 901.6. 32 76 FR 78121 (Dec. 16, 2011); see also 12 CFR Part 1006. 33 5 U.S.C. 553(b)(B). 34 Nat’l Customs Brokers & Forwarders Ass’n v. United States, 59 F.3d 1219, 1223–1224 (Fed. Cir. 1995). 35 5 U.S.C. 553(d)(1). 31 16 E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations restriction’’ from FTC requirements.36 The 30-day notice requirement does not apply under these circumstances, in which the Dodd-Frank Act transferred authority to issue these rules to the CFPB as of the designated transfer date. Therefore, affected persons do not need time to prepare for or take any action with regard to the rescission.37 III. Paperwork Reduction Act The Free Annual File Disclosures Rule and the mortgage rules contain information requirements that have been approved by the Office of Management and Budget (‘‘OMB’’) under the Paperwork Reduction Act of 1995 (‘‘PRA’’).38 Because the FTC and CFPB share enforcement authority for these rules, the CFPB has assumed half of the FTC’s previously cleared burden estimates for these rules and OMB has approved the CFPB’s request for emergency clearance. In turn, the FTC has submitted associated adjustment requests to OMB to reduce by half the FTC’s previously cleared estimates under the PRA assigned to these rules. IV. Regulatory Flexibility Act Because the Commission has determined that it may remove these regulations without public comment, the Commission is also not required to publish any initial or final regulatory flexibility analysis under the Regulatory Flexibility Act as part of such action.39 List of Subjects 16 CFR Part 320 Credit unions, Depository institutions, and Federal deposit insurance. 16 CFR Part 321 Advertising, Communications, Consumer protection, Credit, Mortgages, Trade practices. 16 CFR Part 322 Consumer protection, Trade practices, Telemarketing. pmangrum on DSK3VPTVN1PROD with RULES 16 CFR Part 603 Fair Credit Reporting Act, Consumer reports, Consumer reporting agencies, Credit, Information furnishers, Identity theft, Trade practices. 36 5 U.S.C. 553(d)(1); see also Indep. U.S. Tanker Owners Comm. v. Skinner, 884 F.2d 587, 591 (DC Cir. 1989). 37 See Daniel Int’l Corp. v. Occupational Safety & Health Review Com., 656 F.2d 925, 931 (4th Cir. 1981) (‘‘The purpose of the 30-day notice requirement in § 553(d) is to ‘afford persons affected a reasonable time to prepare for the effective date of a rule or rules or to take any other action which the issuance of rules may prompt.’ Administrative Procedure Act Legislative History, 79th Cong., 2d Sess. 201 (1946)’’). 38 44 U.S.C. 3501 et seq. 39 See 5 U.S.C. 603(a), 604(b). VerDate Mar<15>2010 12:58 Apr 12, 2012 Jkt 226001 16 CFR Part 610 Fair Credit Reporting Act, Consumer reports, Consumer reporting agencies, Credit, Trade practices. 16 CFR Part 611 Consumer reports, Consumer reporting agencies, Credit, Information furnishers, Identity theft, Trade practices. 16 CFR Part 613 Fair Credit Reporting Act, Consumer reports, Consumer reporting agencies, Credit, Information furnishers, Identity theft, Trade practices. 16 CFR Part 614 Fair Credit Reporting Act, Consumer reports, Consumer reporting agencies, Credit, Information furnishers, Identity theft, Trade practices. 16 CFR Part 901 Administrative practice and procedure, Consumer protection, Credit, Intergovernmental relations. Accordingly, for the reasons set forth above, the Commission amends Chapter I of Title 16, Code of Federal Regulations, as follows: ■ 1. Revise part 320 to read as follows: PART 320—DISCLOSURE REQUIREMENTS FOR DEPOSITORY INSTITUTIONS LACKING FEDERAL DEPOSIT INSURANCE Authority: 12 U.S.C. 1831t; 15 U.S.C. 41 et seq. § 320.1 Cross-reference. The rules formerly at 16 CFR part 320 have been republished by the Consumer Financial Protection Bureau at 12 CFR part 1009, ‘‘Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance (Regulation I).’’ ■ 2. Revise part 321 to read as follows: PART 321—MORTGAGE ACTS AND PRACTICES—ADVERTISING Authority: Pub. L. 111–8, section 626, 123 Stat. 524, as amended by Pub. L. 111–24, section 511, 123 Stat. 1734. § 321.1 Cross-reference. The rules formerly at 16 CFR part 321 have been republished by the Consumer Financial Protection Bureau at 12 CFR part 1014, ‘‘Mortgage Acts and Practices Advertising (Regulation N).’’ ■ PO 00000 3. Revise part 322 to read as follows: Frm 00019 Fmt 4700 Sfmt 4700 22203 PART 322—MORTGAGE ASSISTANCE RELIEF SERVICES Authority: Pub. L. 111–8, section 626, 123 Stat. 524, as amended by Pub. L. 111–24, section 511, 123 Stat. 1734. § 322.1 Cross-reference. The rules formerly at 16 CFR part 322 have been republished by the Consumer Financial Protection Bureau at 12 CFR part 1015, ‘‘Mortgage Assistance Relief Services (Regulation O).’’ ■ 4. Revise part 603 to read as follows: PART 603—DEFINITIONS Authority: Pub. L. 108–159, sec. 111; 15 U.S.C. 1681a. § 603.1 Cross-reference. The rules formerly at 16 CFR part 603 have been republished by the Consumer Financial Protection Bureau at 12 CFR 1022.3, ‘‘Fair Credit Reporting (Regulation V).’’ ■ 5. Revise part 610 to read as follows: PART 610—FREE ANNUAL FILE DISCLOSURES Authority: 15 U.S.C. 1681a, g, and h; sec. 211(a) and (d), Pub. L. 108–159, 117 Stat. 1968 and 1972 (15 U.S.C. 1681j); Pub. L. 111– 24. § 610.1 Cross-reference. The rules formerly at 16 CFR part 610 have been republished by the Consumer Financial Protection Bureau at 12 CFR 1022.130, ‘‘Fair Credit Reporting (Regulation V).’’ ■ 6. Revise part 611 to read as follows: PART 611—PROHIBITION AGAINST CIRCUMVENTING TREATMENT AS A NATIONWIDE CONSUMER REPORTING AGENCY Authority: Pub. L. 108–159, sec. 211(b); 15 U.S.C. 1681x. § 611.1 Cross-reference. The rules formerly at 16 CFR part 611 have been republished by the Consumer Financial Protection Bureau at 12 CFR 1022.140, ‘‘Fair Credit Reporting (Regulation V).’’ ■ 7. Revise part 613 to read as follows: PART 613—DURATION OF ACTIVE DUTY ALERTS Authority: Pub. L. 108–159, sec. 112(a); 15 U.S.C. 1681c–1. § 613.1 Cross-reference. The rules formerly at 16 CFR part 613 have been republished by the Consumer Financial Protection Bureau at 12 CFR E:\FR\FM\13APR1.SGM 13APR1 22204 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 1022.121, ‘‘Fair Credit Reporting (Regulation V).’’ ■ 8. Revise part 614 to read as follows: PART 614—APPROPRIATE PROOF OF IDENTITY Authority: Pub. L. 108–159, sec. 112(b). § 614.1 Cross-reference. The rules formerly at 16 CFR part 614 have been republished by the Consumer Financial Protection Bureau at 12 CFR 1022.123, ‘‘Fair Credit Reporting (Regulation V).’’ ■ 9. Revise part 901 to read as follows: PART 901—PROCEDURES FOR STATE APPLICATION FOR EXEMPTION FROM THE PROVISIONS OF THE ACT Authority: Pub. L. 95–109, 91 Stat. 874, 15 U.S.C. 1692o; 5 U.S.C. 552. § 901.1 Cross-reference. The rules formerly at 16 CFR part 901 have been republished by the Consumer Financial Protection Bureau at 12 CFR part 1006, ‘‘Fair Debt Collection Practices Act (Regulation F).’’ By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2012–8748 Filed 4–12–12; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF LABOR Office of the Secretary 29 CFR Part 15 Employment and Training Administration 20 CFR Parts 638 and 670 RIN 1290–AA25 Administrative Claims Under the Federal Tort Claims Act and Related Statutes Office of the Secretary, Employment and Training Administration, Labor. ACTION: Direct final rule. AGENCY: This amendment revises the Department of Labor’s (DOL) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees’ Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 12:58 Apr 12, 2012 Jkt 226001 last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the regulations governing these claims between those regulations in titles 20 and 29 of the CFR, which includes deleting the references to these claims in 20 CFR part 638 as these revisions have rendered those sections unnecessary. Finally, the regulations in title 20 have also been updated to reflect the recently revised regulations regarding claims of Job Corps students under the Federal Employees’ Compensation Act (FECA). DATES: This direct final rule is effective July 12, 2012 without further action, unless adverse comment is received by June 12, 2012. If an adverse comment is received, DOL will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: You may submit comments on the direct final rule, identified by Regulatory Information Number (RIN) 1290–AA25, by one of the following methods: Federal e-Rulemaking Portal: The Internet address to submit comments on the rule is https:// www.regulations.gov. Follow the Web site instructions for submitting comments. Mail: Submit written comments to Catherine P. Carter, Counsel for Claims and Compensation, Office of the Solicitor, U.S. Department of Labor, Room S–4325, 200 Constitution Avenue NW., Washington, DC 20210. Because of security measures, mail directed to Washington, DC is sometimes delayed. We will only consider comments postmarked by the U.S. Postal Service or other delivery service on or before the deadline for comments. Instructions: All comments must include the RIN 1290–AA25 for this rulemaking. Receipt of any comments, whether by mail or Internet, will not be acknowledged. Because DOL continues to experience delays in receiving postal mail in the Washington, DC area, commenters are encouraged to submit any comments by mail early. Comments on the direct final rule will be available for public inspection during normal business hours at the address listed above for mailed comments. Persons who need assistance to review the comments will be provided with PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 appropriate aids such as readers or print magnifiers. Copies of this direct final rule may be obtained in alternative formats (e.g., large print, audiotape or disk) upon request. To schedule an appointment to review the comments and/or to obtain the direct final rule in an alternative format, contact DOL at 202–693–5320 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Catherine P. Carter, Counsel for Claims and Compensation, Office of the Solicitor, U.S. Department of Labor, Room S–4325, 200 Constitution Avenue NW., Washington, DC 20210, Telephone: 202–693–5320 (this is not a toll-free number). Individuals with hearing or speech impairments may access this telephone number via TTY by calling the toll-free Federal Information Relay Service at 1– 800–877–8339. SUPPLEMENTARY INFORMATION: I. Direct Final Rule and Concurrent, Identical Proposed Rule Since this rule is not controversial and primarily concerns agency procedures, we have determined that the subject of this rulemaking is suitable for a direct final rule. No significant adverse comments are anticipated. However, concurrent with this direct final rule, a separate, identical proposed rule is published in today’s issue of the Federal Register. The duplicate proposed rule will expedite rulemaking in the event we receive significant adverse comments and we withdraw this direct final rule. All interested parties should comment at this time because we will not initiate an additional comment period. If no significant adverse comments to the accompanying proposed rule are received on or before June 12, 2012, this direct final rule will become effective July 12, 2012 without further notice. If significant adverse comments are received, we will publish a timely notice in the Federal Register withdrawing this direct final rule, and will then proceed with the rulemaking by addressing the comments and developing a final rule from the proposed rule published elsewhere in today’s issue of the Federal Register. For purposes of withdrawing this direct final rule, a significant adverse comment is one that explains (1) why the direct final rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) why the direct final rule will be ineffective or unacceptable without a change. In determining whether a significant adverse comment E:\FR\FM\13APR1.SGM 13APR1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22200-22204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8748]


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FEDERAL TRADE COMMISSION

16 CFR Parts 320, 321, 322, 603, 610, 611, 613, 614, and 901

RIN 3084-AB31


Rescission of Rules

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Final rule; rescission of regulations.

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SUMMARY: Title X of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act transferred rulemaking authority for a number of 
consumer financial protection laws to the Consumer Financial Protection 
Bureau (``CFPB''). As a result, the Commission is rescinding the 
following rules under the Fair Credit Reporting Act: ``[Identity Theft] 
Definitions''; ``Free Annual File Disclosures Rule''; ``Prohibition 
Against Circumventing Treatment as a Nationwide Consumer Reporting 
Agency''; ``Duration of Active Duty Alerts''; and ``Appropriate Proof 
of Identity.'' In addition, the Commission is rescinding two rules 
addressing mortgage advertising and mortgage assistance relief services 
under the 2009 Omnibus Appropriations Act: ``Mortgage Acts and 
Practices-Advertising Rule'' and ``Mortgage Assistance Relief Services 
Rule.'' The Commission is also rescinding its rules governing 
``Disclosure Requirements for Depository Institutions Lacking Federal 
Deposit Insurance'' under the Federal Deposit Insurance Corporation 
Improvement Act and its ``Procedures for State Application for 
Exemption from the Provisions of the [Federal Debt Collection 
Practices] Act.'' These rules have been republished by the CFPB.

DATES: Effective Date: April 13, 2012.

ADDRESSES: Copies of this document are available from: Public Reference 
Branch, Room 130, Federal Trade Commission, 600 Pennsylvania Avenue 
NW., Washington, DC 20580. Copies of this document are also available 
on the Internet at the Commission's Web site: https://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT:
    FCRA Rules: Katherine Armstrong, Senior Attorney, Division of 
Privacy and Identity Protection, Bureau of Consumer Protection, (202) 
326-3250, Federal Trade Commission, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.
    Mortgage Rules: For the Mortgage Acts and Practices--Advertising 
Rule, contact Laura Johnson, Senior Attorney, Financial Practices 
Division, Bureau of Consumer Protection, (202) 326-3224, Federal Trade 
Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. For the 
Mortgage Assistance Relief Services Rule, contact Evan Zullow, Senior 
Attorney, Financial Practices Division, Bureau of Consumer Protection, 
(202) 326-3224, Federal Trade Commission, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.
    Deposit Insurance: Hampton Newsome, Senior Attorney, Enforcement 
Division, Bureau of Consumer Protection, (202) 326-2889, Federal Trade 
Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
    Debt Collection: Thomas Kane, Senior Attorney, Financial Practices 
Division, Bureau of Consumer Protection, (202) 326-3224, Federal Trade 
Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 21, 2010, President Obama signed into law the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'').\1\ 
The Dodd-Frank Act substantially changed the federal legal framework 
for financial services providers. Among the changes, the Dodd-Frank Act 
transferred to the CFPB the Commission's rulemaking authority under the 
Fair Debt Collection Practices Act (``FDCPA''),\2\ section 43 of the 
Federal Deposit Insurance Act (``FDIA''),\3\ section 626 of the 2009 
Omnibus Appropriations Act,\4\ and portions of the Fair Credit 
Reporting Act

[[Page 22201]]

(``FCRA'') (collectively, ``the Acts''),\5\ on July 21, 2011.\6\
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    \1\ Public Law 111-203, 124 Stat. 1376 (2010).
    \2\ 15 U.S.C. 1692-1692p.
    \3\ 12 U.S.C. 1831t(c)-(f).
    \4\ Public Law 111-8, section 626, 123 Stat. 524 (Mar. 11, 
2009).
    \5\ 15 U.S.C. 1681 et seq. The Dodd-Frank Act does not transfer 
to the CFPB rulemaking authority for FCRA sections 615(e) (``Red 
Flag Guidelines and Regulations Required'') and 628 (``Disposal of 
Records''). See 15 U.S.C. 1681s(e); Public Law 111-203, section 
1088(a)(10)(E). Accordingly, the Commission retains rulemaking 
authority for its ``Identity Theft Rules,'' 16 CFR part 681, and its 
rules governing ``Disposal of Consumer Report Information and 
Records,'' 16 CFR Part 682. See 15 U.S.C. 1681m, 1681w. In addition, 
the Commission retains rulemaking authority under FCRA over any 
motor vehicle dealer described in Section 1029(a) of the Dodd-Frank 
Act that is predominantly engaged in the sale and servicing of motor 
vehicles, the leasing and servicing of motor vehicles, or both. See 
Dodd-Frank Act, Sec.  1029(a), (c).
    \6\ Dodd-Frank Act, Sec.  1061. This date is the ``designated 
transfer date'' established by the Treasury Department under the 
Dodd-Frank Act. See Dep't of the Treasury, Bureau of Consumer 
Financial Protection; Designated Transfer Date, 75 FR 57252, 57253 
(Sept. 20, 2010); see also Dodd-Frank Act, Sec.  1062.
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    As a result, the Commission is rescinding the following nine rules 
issued under the Acts, which have been republished by the CFPB:
     Disclosure Requirements for Depository Institutions 
Lacking Federal Deposit Insurance, 16 CFR Part 320 (republished by the 
CFPB at 12 CFR part 1009);
     Mortgage Acts and Practices--Advertising Rule, 16 CFR part 
321 (republished by the CFPB at 12 CFR part 1014);
     Mortgage Assistance Relief Services Rule, 16 CFR part 322 
(republished by the CFPB at 12 CFR part 1015);
     [Identity Theft] Definitions, 16 CFR Part 603 (republished 
by the CFPB at 12 CFR 1022.3);
     Free Annual File Disclosures Rule, 16 CFR Part 610 
(republished by the CFPB at 12 CFR 1022.130);
     Prohibition Against Circumventing Treatment as a 
Nationwide Consumer Reporting Agency, 16 CFR Part 611 (republished by 
the CFPB at 12 CFR 1022.140);
     Duration of Active Duty Alerts, 16 CFR part 613 
(republished by the CFPB at 12 CFR 1022.121);
     Appropriate Proof of Identity, 16 CFR part 614 
(republished by the CFPB at 12 CFR 1022.123); and
     Procedures for State Application for Exemption from the 
Provisions of the [Fair Debt Collection Practices] Act, 16 CFR part 901 
(republished by the CFPB at 12 CFR part 1006).

The CFPB republished these rules on an interim final basis and the CFPB 
rules became effective on December 30, 2011.\7\ Accordingly, the FTC is 
rescinding its version of these rules effective immediately.

    \7\ See 76 FR 78121 (Dec. 16, 2011); 76 FR 78126 (Dec. 16, 
2011); 76 FR 78130 (Dec. 16, 2011); 76 FR 79308 (Dec. 21, 2011).
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    The FTC will retain rulemaking authority for other rules 
promulgated under the Acts to the extent the rules apply to motor 
vehicle dealers described in section 1029(a) of the Dodd-Frank Act that 
are predominantly engaged in the sale and servicing of motor vehicles, 
the leasing and servicing of motor vehicles, or both.\8\ These seven 
rules are:
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    \8\ See Dodd-Frank Act, Sec.  1029(a), (c).
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     Privacy of Consumer Financial Information Privacy Rule, 16 
CFR part 313;
     Duties of Creditors Regarding Risk-Based Pricing, 16 CFR 
part 640;
     Duties of Users of Consumer Reports Regarding Address 
Discrepancies, 16 CFR part 641;
     Prescreen Opt-Out Notice, 16 CFR part 642;
     Duties of Furnishers of Information to Consumer Reporting 
Agencies, 16 CFR part 660;
     Affiliate Marketing, 16 CFR part 680; and
     Model Forms and Disclosures, 16 CFR part 698.

The Commission is authorized to maintain these rules pursuant to 
section 1029(c) of the Dodd-Frank Act and section 504(a) of the Gramm-
Leach-Bliley Act.\9\ These rules remain in effect to the extent that 
they apply to motor vehicle dealers and will remain in Title 16 of the 
Code of Federal Regulations.

    \9\ 15 U.S.C. 6804(a).
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    Under the Dodd-Frank Act, the FTC also retains its authority to 
bring law enforcement actions to enforce the Acts and FTC and CFPB 
rules issued under the Acts.

A. Rules Under the Fair Credit Reporting Act

    The FCRA governs the collection, assembly, and use of consumer 
report information and provides the framework for the credit reporting 
system in the United States.\10\ Since enactment of the FCRA in 1970, 
the FTC has played a key role in its implementation, oversight, 
enforcement, and interpretation.
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    \10\ 15 U.S.C. 1681 et seq.
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    On July 21, 2011, the Dodd-Frank Act transferred to the CFPB most 
of the Commission's rulemaking authority under the FCRA.\11\ As a 
result, the Commission is rescinding the rules discussed below, which 
the CFPB republished on an interim final basis on December 21, 2011. 
The republished rules became effective on December 30, 2011.\12\
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    \11\ See supra note 5.
    \12\ See 76 FR 79308 (Dec. 21, 2011); see also 12 CFR part 1022.
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1. 16 CFR Part 603: [Identity Theft] Definitions
    The Fair and Accurate Credit Transactions Act of 2003 (``FACT 
Act'') amended the FCRA and included requirements for consumer 
reporting agencies, creditors, and others to help remedy identity 
theft. The FTC issued final rules to define the terms ``identity 
theft'' and ``identity theft report.'' \13\
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    \13\ 69 FR 63922 (Nov. 3, 2004).
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2. 16 CFR Part 610: Free Annual File Disclosures Rule
    The FACT Act required consumer reporting agencies to provide 
consumers with one free copy of their file disclosure annually. (These 
free annual file disclosures are commonly known as ``free credit 
reports.'') As required by the FACT Act, the FTC issued a rule 
requiring the establishment of a centralized source through which 
consumers may request these free annual file disclosures from each 
nationwide consumer reporting agency; a standardized form for such 
requests; and a streamlined process for consumers to request free 
annual file disclosures from nationwide specialty consumer reporting 
agencies.\14\ Pursuant to the Credit Card Accountability Responsibility 
and Disclosure Act of 2009 (``Credit CARD Act''),\15\ the FTC amended 
the rule to require that certain advertisements for ``free credit 
reports'' include prominent disclosures, and to prohibit other 
practices that may interfere with the free annual file disclosure 
process.\16\
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    \14\ 69 FR 35468 (June 24, 2004).
    \15\ Public Law 111-24, 123 Stat. 1734.
    \16\ 75 FR 9726 (Mar. 3, 2010).
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3. 16 CFR Part 611: Prohibition Against Circumventing Treatment as a 
Nationwide Consumer Reporting Agency
    The FCRA imposes certain specific requirements on ``nationwide 
consumer reporting agencies.'' As required by the FACT Act, the FTC 
promulgated an interim final rule prohibiting consumer reporting 
agencies from avoiding treatment as nationwide consumer reporting 
agencies through any means, including corporate structuring or 
technological methods.\17\
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    \17\ 69 FR 29061 (May 20, 2004).
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4. 16 CFR Part 613: Duration of Active Duty Alerts
    Active Duty Alerts help service members who are deployed and may 
find it difficult to monitor their financial accounts. These service 
members can place alerts on their credit reports, which require that 
users of such

[[Page 22202]]

reports have reasonable policies and procedures to verify the identity 
of the person requesting credit. As required by the FACT Act, the FTC 
issued a final rule establishing that the duration of active duty 
alerts shall be twelve months.\18\
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    \18\ 69 FR 63922 (Nov. 3, 2004).
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5. 16 CFR Part 614: Appropriate Proof of Identity
    As required by the FACT Act, the FTC established requirements for 
what constitutes appropriate proof of identity for purposes of who can 
place fraud or active duty alerts or request truncation of social 
security numbers on credit reports.\19\ The rule helps to ensure that 
identity thieves cannot easily access another person's credit report.
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    \19\ Id.
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B. Mortgage Rules

    Section 626 of the 2009 Omnibus Appropriations Act,\20\ as 
clarified by the Credit CARD Act,\21\ directed the Commission to 
initiate rulemakings with respect to unfair or deceptive acts or 
practices involving mortgage loans. To implement the Act, the 
Commission issued two rules on mortgage loan practices: the Mortgage 
Acts and Practices-Advertising (``MAP-Ad'') Rule and the Mortgage 
Assistance Relief Services (``MARS'') Rule.
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    \20\ Omnibus Appropriations Act, 2009, Public Law 111-8, 123 
Stat. 524.
    \21\ Credit Card Act Sec.  511(a)(1)(B).
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    Because the Dodd-Frank Act transferred to the CFPB the Commission's 
rulemaking authority under Section 626, the Commission is rescinding 
its MAP-Ad and MARS rules. The CFPB republished these rules on an 
interim final basis on December 16, 2011. The republished rules became 
effective on December 30, 2011.\22\
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    \22\ 76 FR 78130 (Dec. 16, 2011); see also 12 CFR parts 1014 and 
1015.
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1. 16 CFR Part 321: Mortgage Acts and Practices--Advertising
    The MAP-Ad Rule prohibits deceptive marketing of mortgage 
loans.\23\
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    \23\ 76 FR 43826 (July 22, 2011); see also 16 CFR part 321.
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2. 16 CFR Part 322: Mortgage Assistance Relief Services Rule
    The MARS Rule addresses the practices of entities (other than 
mortgage servicers) who offer assistance to consumers in dealing with 
owners or servicers of their loans to modify them or avoid 
foreclosure.\24\ The rule bans providers of mortgage foreclosure rescue 
and loan modification services from collecting fees until homeowners 
have a written offer from their lender or servicer that they decide is 
acceptable. The rule also requires mortgage relief companies to 
disclose key information to consumers to protect them from being misled 
and to help them make better informed purchasing decisions. In 
addition, the rule prohibits mortgage relief companies from making 
false or misleading claims about their services.
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    \24\ 75 FR 75092 (Dec. 1, 2010); see also 16 CFR part 322.
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C. Deposit Insurance

    The Federal Deposit Insurance Corporation Improvement Act 
(``FDICIA'') added a new section 43 (12 U.S.C. 1831t) to the FDIA, 
which directed the Commission to prescribe disclosures for depository 
institutions that lack federal deposit insurance.\25\ Under Section 43, 
the Commission issued a rule requiring covered institutions to include 
a disclosure about the lack of federal deposit insurance on periodic 
statements and account records.\26\ In addition, the rule requires most 
advertising for these institutions to include disclosures about the 
lack of federal insurance. The covered institutions also must obtain 
signed acknowledgments from new depositors about the fact that the 
institution is not federally insured.
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    \25\ See Public Law 102-242, 105 Stat. 2236.
    \26\ 16 CFR part 320; see also 75 FR 31682 (June 4, 2010). These 
disclosure requirements do not apply to depository institutions that 
do not receive initial deposits of less than the standard maximum 
insurance amount for federal deposit insurance. That amount is 
currently $250,000.
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    The Dodd-Frank Act transferred the Commission's rulemaking 
authority under the FDIA to the CFPB. As a result, the Commission is 
rescinding its Disclosure Requirements for Depository Institutions 
Lacking Federal Deposit Insurance, which the CFPB republished on an 
interim final basis on December 16, 2011. The republished rules became 
effective on December 30, 2011.\27\
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    \27\ See 76 FR 78126 (Dec. 16, 2011); see also 12 CFR part 1009.
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D. Debt Collection

    The FDCPA provided the Commission with rulemaking authority to 
promulgate procedures for granting states exemptions from the 
FDCPA.\28\ Pursuant to Section 817 of the FDCPA, the Commission 
promulgated Procedures for State Application for Exemption from the 
Provisions of the [Fair Debt Collection Practices] Act 
(``Procedures'').\29\
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    \28\ FDCPA, Sec.  817, 15 U.S.C. 1692o.
    \29\ 16 CFR part 901; see also 44 FR 21005 (Apr. 9, 1979).
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    Under the Procedures, any state may apply to the Commission for a 
determination that debt collection practices within the state are 
subject to requirements under the laws of the state that are 
substantially similar to, or provide greater protection for consumers 
than, those imposed under sections 803 through 812 of the FDCPA, and 
that there is adequate provision for state enforcement of those 
requirements.\30\ If the Commission determines that a state has met 
these criteria, the Commission must exempt the class of debt collection 
practices in that state from the requirements of sections 803 through 
812.\31\
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    \30\ 16 CFR 901.2.
    \31\ 16 CFR 901.6.
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    Because the Dodd-Frank Act transferred to the CFPB the Commission's 
authority under the FDCPA to grant exemptions by regulation, the 
Commission is rescinding its Procedures for State Application for 
Exemption from the Provisions of the [Fair Debt Collection Practices] 
Act. The CFPB republished rules governing these procedures on an 
interim final basis on December 16, 2011. The republished rules became 
effective on December 30, 2011.\32\
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    \32\ 76 FR 78121 (Dec. 16, 2011); see also 12 CFR Part 1006.
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II. Procedural Requirements

    Under the Administrative Procedure Act,\33\ an agency may 
promulgate or rescind a rule without prior notice and an opportunity 
for public comment if the agency finds for good cause that notice and 
comment are unnecessary.\34\ Public comment on the rescission of these 
rules is unnecessary because the FTC's rulemaking authority has 
transferred to the CFPB pursuant to the statutory mandate of the Dodd-
Frank Act. Thus, the FTC has no discretion to maintain these rules, and 
there is no reason for public comment on this regulatory action. The 
CFPB's regulations went into effect on December 30, 2011. Therefore, 
rescission of the FTC rules will help avoid confusion as to which rules 
are now in effect. Accordingly, the Commission finds that public notice 
and comment is unnecessary.
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    \33\ 5 U.S.C. 553(b)(B).
    \34\ Nat'l Customs Brokers & Forwarders Ass'n v. United States, 
59 F.3d 1219, 1223-1224 (Fed. Cir. 1995).
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    In addition, the Commission has determined that the rescissions may 
take effect immediately upon publication of this notice in the Federal 
Register, as permitted by the Administrative Procedure Act.\35\ The 
removal of the regulations is exempt from the usual 30-day notice 
requirement as it merely ``relieves a

[[Page 22203]]

restriction'' from FTC requirements.\36\ The 30-day notice requirement 
does not apply under these circumstances, in which the Dodd-Frank Act 
transferred authority to issue these rules to the CFPB as of the 
designated transfer date. Therefore, affected persons do not need time 
to prepare for or take any action with regard to the rescission.\37\
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    \35\ 5 U.S.C. 553(d)(1).
    \36\ 5 U.S.C. 553(d)(1); see also Indep. U.S. Tanker Owners 
Comm. v. Skinner, 884 F.2d 587, 591 (DC Cir. 1989).
    \37\ See Daniel Int'l Corp. v. Occupational Safety & Health 
Review Com., 656 F.2d 925, 931 (4th Cir. 1981) (``The purpose of the 
30-day notice requirement in Sec.  553(d) is to `afford persons 
affected a reasonable time to prepare for the effective date of a 
rule or rules or to take any other action which the issuance of 
rules may prompt.' Administrative Procedure Act Legislative History, 
79th Cong., 2d Sess. 201 (1946)'').
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III. Paperwork Reduction Act

    The Free Annual File Disclosures Rule and the mortgage rules 
contain information requirements that have been approved by the Office 
of Management and Budget (``OMB'') under the Paperwork Reduction Act of 
1995 (``PRA'').\38\ Because the FTC and CFPB share enforcement 
authority for these rules, the CFPB has assumed half of the FTC's 
previously cleared burden estimates for these rules and OMB has 
approved the CFPB's request for emergency clearance. In turn, the FTC 
has submitted associated adjustment requests to OMB to reduce by half 
the FTC's previously cleared estimates under the PRA assigned to these 
rules.
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    \38\ 44 U.S.C. 3501 et seq.
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IV. Regulatory Flexibility Act

    Because the Commission has determined that it may remove these 
regulations without public comment, the Commission is also not required 
to publish any initial or final regulatory flexibility analysis under 
the Regulatory Flexibility Act as part of such action.\39\
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    \39\ See 5 U.S.C. 603(a), 604(b).
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List of Subjects

16 CFR Part 320

    Credit unions, Depository institutions, and Federal deposit 
insurance.

16 CFR Part 321

    Advertising, Communications, Consumer protection, Credit, 
Mortgages, Trade practices.

16 CFR Part 322

    Consumer protection, Trade practices, Telemarketing.

16 CFR Part 603

    Fair Credit Reporting Act, Consumer reports, Consumer reporting 
agencies, Credit, Information furnishers, Identity theft, Trade 
practices.

16 CFR Part 610

    Fair Credit Reporting Act, Consumer reports, Consumer reporting 
agencies, Credit, Trade practices.

16 CFR Part 611

    Consumer reports, Consumer reporting agencies, Credit, Information 
furnishers, Identity theft, Trade practices.

16 CFR Part 613

    Fair Credit Reporting Act, Consumer reports, Consumer reporting 
agencies, Credit, Information furnishers, Identity theft, Trade 
practices.

16 CFR Part 614

    Fair Credit Reporting Act, Consumer reports, Consumer reporting 
agencies, Credit, Information furnishers, Identity theft, Trade 
practices.

16 CFR Part 901

    Administrative practice and procedure, Consumer protection, Credit, 
Intergovernmental relations.

    Accordingly, for the reasons set forth above, the Commission amends 
Chapter I of Title 16, Code of Federal Regulations, as follows:

0
1. Revise part 320 to read as follows:

PART 320--DISCLOSURE REQUIREMENTS FOR DEPOSITORY INSTITUTIONS 
LACKING FEDERAL DEPOSIT INSURANCE

    Authority:  12 U.S.C. 1831t; 15 U.S.C. 41 et seq.


Sec.  320.1  Cross-reference.

    The rules formerly at 16 CFR part 320 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR part 1009, ``Disclosure 
Requirements for Depository Institutions Lacking Federal Deposit 
Insurance (Regulation I).''


0
2. Revise part 321 to read as follows:

PART 321--MORTGAGE ACTS AND PRACTICES--ADVERTISING

    Authority:  Pub. L. 111-8, section 626, 123 Stat. 524, as 
amended by Pub. L. 111-24, section 511, 123 Stat. 1734.


Sec.  321.1  Cross-reference.

    The rules formerly at 16 CFR part 321 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR part 1014, ``Mortgage 
Acts and Practices Advertising (Regulation N).''


0
3. Revise part 322 to read as follows:

PART 322--MORTGAGE ASSISTANCE RELIEF SERVICES

    Authority:  Pub. L. 111-8, section 626, 123 Stat. 524, as 
amended by Pub. L. 111-24, section 511, 123 Stat. 1734.


Sec.  322.1  Cross-reference.

    The rules formerly at 16 CFR part 322 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR part 1015, ``Mortgage 
Assistance Relief Services (Regulation O).''


0
4. Revise part 603 to read as follows:

PART 603--DEFINITIONS

    Authority:  Pub. L. 108-159, sec. 111; 15 U.S.C. 1681a.


Sec.  603.1  Cross-reference.

    The rules formerly at 16 CFR part 603 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR 1022.3, ``Fair Credit 
Reporting (Regulation V).''


0
5. Revise part 610 to read as follows:

PART 610--FREE ANNUAL FILE DISCLOSURES

    Authority:  15 U.S.C. 1681a, g, and h; sec. 211(a) and (d), Pub. 
L. 108-159, 117 Stat. 1968 and 1972 (15 U.S.C. 1681j); Pub. L. 111-
24.


Sec.  610.1  Cross-reference.

    The rules formerly at 16 CFR part 610 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR 1022.130, ``Fair Credit 
Reporting (Regulation V).''


0
6. Revise part 611 to read as follows:

PART 611--PROHIBITION AGAINST CIRCUMVENTING TREATMENT AS A 
NATIONWIDE CONSUMER REPORTING AGENCY

    Authority:  Pub. L. 108-159, sec. 211(b); 15 U.S.C. 1681x.


Sec.  611.1  Cross-reference.

    The rules formerly at 16 CFR part 611 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR 1022.140, ``Fair Credit 
Reporting (Regulation V).''


0
7. Revise part 613 to read as follows:

PART 613--DURATION OF ACTIVE DUTY ALERTS

    Authority:  Pub. L. 108-159, sec. 112(a); 15 U.S.C. 1681c-1.


Sec.  613.1  Cross-reference.

    The rules formerly at 16 CFR part 613 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR

[[Page 22204]]

1022.121, ``Fair Credit Reporting (Regulation V).''


0
8. Revise part 614 to read as follows:

PART 614--APPROPRIATE PROOF OF IDENTITY

    Authority:  Pub. L. 108-159, sec. 112(b).


Sec.  614.1  Cross-reference.

    The rules formerly at 16 CFR part 614 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR 1022.123, ``Fair Credit 
Reporting (Regulation V).''


0
9. Revise part 901 to read as follows:

PART 901--PROCEDURES FOR STATE APPLICATION FOR EXEMPTION FROM THE 
PROVISIONS OF THE ACT

    Authority:  Pub. L. 95-109, 91 Stat. 874, 15 U.S.C. 1692o; 5 
U.S.C. 552.


Sec.  901.1  Cross-reference.

    The rules formerly at 16 CFR part 901 have been republished by the 
Consumer Financial Protection Bureau at 12 CFR part 1006, ``Fair Debt 
Collection Practices Act (Regulation F).''


    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-8748 Filed 4-12-12; 8:45 am]
BILLING CODE 6750-01-P

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