Agency Information Collection Activities: Submission for OMB Review; Comment Request, 55099-55100 [2015-23070]
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
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II. The RED List
In light of the challenges associated
with taking enforcement action against
such entities, the Commission believes
it useful to educate and empower
prospective investors. The goal of the
RED List is to provide prospective
investors with information regarding
unregistered soliciting entities before
they invest. For a foreign entity to be
listed on the CFTC’s RED List,
reasonable grounds must exist to believe
that the entity meets the following six
criteria:
1. The entity is foreign;
2. The foreign entity has no or limited
presence in the United States; 4
3. The foreign entity is soliciting and/
or accepting funds from U.S. residents;
4. The foreign entity is offering a
product within the Commission’s
jurisdiction (e.g. ‘‘forex’’);
5. The foreign entity is required to be
registered; and
6. The foreign entity is not registered.5
If the foreign entity meets these
criteria, Enforcement will propose that
it be included on a publicly disclosed
list stating that the foreign entity is
acting in a capacity that appears to
require registration but is not registered
with the Commission. This list will then
be publicized by the Commission’s
Office of Consumer Outreach by a
variety of different methods and media.
The RED List process contains three
separate levels of review before a
recommendation is made to the
Commission for inclusion on the RED
List. First the Intake Officer reviews the
complaint and makes an initial
determination of whether a foreign
entity should potentially be included in
the RED List. This initial determination
is passed to a Triage Officer who will
conduct a limited investigation and then
make a recommendation to an
Enforcement Deputy Director. The
Deputy Director will, based on the
information before him/her, make a
decision as to whether to recommend to
the Commission that it include a foreign
entity on the RED List. These levels of
review are to ensure that only those
foreign entities that should be included
on the RED List are included on the RED
List.
investor Alert Portal on its Web site to receive and
publish alerts and warnings from its members about
firms which are not authorized to provide
investment services in the jurisdiction that issued
the alert or warning.
4 Merely registering a Web site with a U.S. based
domain name registrar does not constitute physical
presence.
5 If the foreign entity offers binary options there
is one additional criterion: Whether the entity is a
foreign board of trade. If it is a foreign board of
trade, then the entity would not be eligible for the
RED list.
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The CFTC is committed to providing
accurate information to investors using
the RED List. Before listing an entity on
the RED List, Commission staff will
notify the entity by Notice Letter of the
Commission’s intent to list the entity.
The entity will have the opportunity to
respond to the Commission and provide
relevant documentation. If the foreign
entity does not respond to the notice
letter or provides an unsatisfactory
response, Enforcement will recommend
to the Commission that a foreign entity
should be included on the RED List.
To implement the RED List, the
Commission will post on its public Web
sites, https://www.SmartCheck.gov/
REDList, the names, and only the names,
of unregistered soliciting foreign entities
that have been subject of complaints
received by the CFTC. The RED list will
contain the following information:
RED (Registration Deficient) LIST
List of Foreign Entities That Have Been
Identified as Acting in a Capacity That
Appears To Require Registration but Are
Not Appropriately Registered With the
Commission
The Commodity Futures Trading
Commission (‘‘CFTC’’) frequently receives
investigative leads and questions from the
public about foreign entities that solicit and/
or accept funds from U.S. residents at a retail
level. For example these leads and questions
can relate to, among things, foreign entities
that engage in foreign currency (‘‘Forex’’) in
a capacity similar to Retail Foreign Exchange
Dealers (‘‘RFEDs’’), Introducing Brokers,
Commodity Trading Advisors or Commodity
Pool Operators https://www.cftc.gov/
ConsumerProtection/
FraudAwarenessPrevention/
ForeignCurrencyTrading/index.htm; and
binary options https://www.cftc.gov/
PressRoom/PressReleases/fraudadv_
binaryoptions. Many of these foreign entities
are acting in a capacity that requires them to
be registered with the CFTC.
If a foreign entity is registered with the
CFTC, then it is subject to CFTC regulations
and oversight that apply to registrants.
Generally, foreign entities that solicit you to
trade are required to register with the CFTC.
For this reason, it is important for you to
consider whether the foreign entity that
solicits you is, in fact, registered with the
CFTC.
In certain cases, a preliminary review by
the CFTC reveals that foreign entities that
solicit and/or accept funds from U.S.
residents at a retail level have no or limited
U.S. presence, and act in a capacity that
requires registration, but are not in fact
registered. In an effort to warn the public
about these entities, the CFTC is publishing
the names of those foreign entities.
The goal of this list is to provide
information to U.S. consumers about foreign
entities that are acting in an unregistered
capacity and to help them make more
informed decisions about whether to trade
with or through such an entity. The more that
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55099
U.S. consumers trade with and through
registered entities, the more likely that their
funds will have a greater chance of being
protected.
The named foreign entities currently
appear to be acting in a capacity that
requires registration with the CFTC but are
NOT registered with the CFTC.
[Inserted will be a list of all of the foreign
entities that have met the criteria, as
approved by the Commission.]
The inclusion of an entity’s name on
the RED list does not mean that the
CFTC or a Court has concluded that a
violation of any provision of the
Commodity Exchange Act or the
Commission’s Regulations has occurred.
III. Review of RED List
Twice annually, on or about June 30
and December 31, the Triage Officer will
review the RED List and, if it appears
that a minimum of 12 months have
elapsed during which no complaints
have been received regarding the a
foreign entity and the foreign entity’s
Web site is either inactive or taken
down, Enforcement will submit a
recommendation for Commission
consideration to move the foreign entity
from the active portion of the RED List
homepage to the archival portion of
such page.
Issued in Washington, DC, on September 9,
2015, by the Commission.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2015–23040 Filed 9–11–15; 8:45 am]
BILLING CODE 6351–01–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No: CFPB–2015–0038]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Bureau of Consumer Financial
Protection.
ACTION: Notice and request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995
(PRA), the Consumer Financial
Protection Bureau (Bureau) is proposing
a new information collection titled,
‘‘Regulation F: Fair Debt Collection
Practices Act, State Application for
Exemption (12 CFR 1006.2)’’.
DATES: Written comments are
encouraged and must be received on or
before October 14, 2015 to be assured of
consideration.
ADDRESSES: You may submit comments,
identified by the title of the information
collection, OMB Control Number (see
SUMMARY:
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tkelley on DSK3SPTVN1PROD with NOTICES
55100
Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
below), and docket number (see above),
by any of the following methods:
• Electronic: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• OMB: Office of Management and
Budget, New Executive Office Building,
Room 10235, Washington, DC 20503 or
fax to (202) 395–5806. Mailed or faxed
comments to OMB should be to the
attention of the OMB Desk Officer for
the Bureau of Consumer Financial
Protection.
Please note that comments submitted
after the comment period will not be
accepted. In general, all comments
received will become public records,
including any personal information
provided. Sensitive personal
information, such as account numbers
or social security numbers, should not
be included.
FOR FURTHER INFORMATION CONTACT:
Documentation prepared in support of
this information collection request is
available at www.reginfo.gov (this link
active on the day following publication
of this notice). Select ‘‘Information
Collection Review,’’ under ‘‘Currently
under review, use the dropdown menu
‘‘Select Agency’’ and select ‘‘Consumer
Financial Protection Bureau’’ (recent
submissions to OMB will be at the top
of the list). The same documentation is
also available at https://
www.regulations.gov. Requests for
additional information should be
directed to the Consumer Financial
Protection Bureau, (Attention: PRA
Office), 1700 G Street NW., Washington,
DC 20552, (202) 435–9575, or email:
PRA@cfpb.gov. Please do not submit
comments to this email box.
SUPPLEMENTARY INFORMATION:
Title of Collection: Regulation F: Fair
Debt Collection Practices Act, State
Application for Exemption (12 CFR
1006.2).
OMB Control Number: 3170–XXXX.
Type of Review: Request for a new
OMB Control Number.
Affected Public: State and Tribal
governments and the five (5) inhabited
U.S. Territories.
Estimated Number of Respondents: 1.
Estimated Total Annual Burden
Hours: 2.
Abstract: This Rule establishes
procedures and criteria whereby states
may apply to the Bureau for exemption
of a class of debt collection practices
within the applying state from the
provisions of the Fair Debt Collection
Practices Act (FDCPA) as provided in
section 817 of the Act, 15 U.S.C. 1692.
The information collection request seeks
OMB approval for the state application
for exemption from the provisions of
FDCPA as contained in 12 CFR 1006.2.
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Request for Comments: The Bureau
issued a 60-day Federal Register notice
on June 15, 2015, (80 FR 34148).
Comments were solicited and continue
to be invited on: (a) Whether the
collection of information is necessary
for the proper performance of the
functions of the Bureau, including
whether the information will have
practical utility; (b) The accuracy of the
Bureau’s estimate of the burden of the
collection of information, including the
validity of the methods and the
assumptions used; (c) Ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
Ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Comments submitted in response to this
notice will be summarized and/or
included in the request for OMB
approval. All comments will become a
matter of public record.
Dated: September 9, 2015.
Linda F. Powell,
Chief Data Officer, Bureau of Consumer
Financial Protection.
[FR Doc. 2015–23070 Filed 9–11–15; 8:45 am]
BILLING CODE 4810–AM–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No: CFPB–2015–0039]
Agency Information Collection
Activities: Comment Request
Bureau of Consumer Financial
Protection.
ACTION: Notice and request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995
(PRA), the Consumer Financial
Protection Bureau (Bureau) is requesting
to renew the Office of Management and
Budget (OMB) approval for an existing
information collection, titled, ‘‘HighCost Mortgage and Homeownership
Counseling Amendments to the Truth in
Lending Act (Regulation Z).’’
DATES: Written comments are
encouraged and must be received on or
before November 13, 2015 to be assured
of consideration.
ADDRESSES: You may submit comments,
identified by the title of the information
collection, OMB Control Number (see
below), and docket number (see above),
by any of the following methods:
• Electronic: https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
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Sfmt 4703
• Mail: Consumer Financial
Protection Bureau (Attention: PRA
Office), 1700 G Street NW., Washington,
DC 20552.
• Hand Delivery/Courier: Consumer
Financial Protection Bureau (Attention:
PRA Office), 1275 First Street NE.,
Washington, DC 20002.
Please note that comments submitted
after the comment period will not be
accepted. In general, all comments
received will become public records,
including any personal information
provided. Sensitive personal
information, such as account numbers
or social security numbers, should not
be included.
FOR FURTHER INFORMATION CONTACT:
Documentation prepared in support of
this information collection request is
available at www.regulations.gov.
Requests for additional information
should be directed to the Consumer
Financial Protection Bureau, (Attention:
PRA Office), 1700 G Street NW.,
Washington, DC 20552, (202) 435–9575,
or email: PRA@cfpb.gov. Please do not
submit comments to this mailbox.
SUPPLEMENTARY INFORMATION:
Title of Collection: High-Cost
Mortgage and Homeownership
Counseling Amendments to the Truth in
Lending Act (Regulation Z).
OMB Control Number: 3170–0023.
Type of Review: Extension without
change of a currently approved
collection.
Affected Public: Businesses and other
for- and non-profit institutions.
Estimated Number of Respondents:
49.
Estimated Total Annual Burden
Hours: 317.
Abstract: The Truth in Lending Act
(TILA), 15 U.S.C. 1601 et seq., was
enacted to foster comparison credit
shopping and informed credit decision
making by requiring accurate disclosure
of the costs and terms of credit to
consumers. Creditors are subject to
disclosure and other requirements that
apply to open-end credit (e.g., revolving
credit or credit lines) and closed-end
credit (e.g., installment financing). TILA
imposes disclosure requirements on all
types of creditors in connection with
consumer credit, including mortgage
companies, finance companies, retailers,
and credit card issuers, to ensure that
consumers are fully apprised of the
terms of financing prior to
consummation of the transaction and, in
some instances, during the loan term. It
also imposes advertising disclosure
requirements on advertisers of
consumer credit. TILA also establishes
billing error resolution procedures for
open-end credit and limits consumer
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Agencies
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55099-55100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23070]
=======================================================================
-----------------------------------------------------------------------
BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2015-0038]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
the Consumer Financial Protection Bureau (Bureau) is proposing a new
information collection titled, ``Regulation F: Fair Debt Collection
Practices Act, State Application for Exemption (12 CFR 1006.2)''.
DATES: Written comments are encouraged and must be received on or
before October 14, 2015 to be assured of consideration.
ADDRESSES: You may submit comments, identified by the title of the
information collection, OMB Control Number (see
[[Page 55100]]
below), and docket number (see above), by any of the following methods:
Electronic: https://www.regulations.gov. Follow the
instructions for submitting comments.
OMB: Office of Management and Budget, New Executive Office
Building, Room 10235, Washington, DC 20503 or fax to (202) 395-5806.
Mailed or faxed comments to OMB should be to the attention of the OMB
Desk Officer for the Bureau of Consumer Financial Protection.
Please note that comments submitted after the comment period will
not be accepted. In general, all comments received will become public
records, including any personal information provided. Sensitive
personal information, such as account numbers or social security
numbers, should not be included.
FOR FURTHER INFORMATION CONTACT: Documentation prepared in support of
this information collection request is available at www.reginfo.gov
(this link active on the day following publication of this notice).
Select ``Information Collection Review,'' under ``Currently under
review, use the dropdown menu ``Select Agency'' and select ``Consumer
Financial Protection Bureau'' (recent submissions to OMB will be at the
top of the list). The same documentation is also available at https://www.regulations.gov. Requests for additional information should be
directed to the Consumer Financial Protection Bureau, (Attention: PRA
Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or
email: PRA@cfpb.gov. Please do not submit comments to this email box.
SUPPLEMENTARY INFORMATION:
Title of Collection: Regulation F: Fair Debt Collection Practices
Act, State Application for Exemption (12 CFR 1006.2).
OMB Control Number: 3170-XXXX.
Type of Review: Request for a new OMB Control Number.
Affected Public: State and Tribal governments and the five (5)
inhabited U.S. Territories.
Estimated Number of Respondents: 1.
Estimated Total Annual Burden Hours: 2.
Abstract: This Rule establishes procedures and criteria whereby
states may apply to the Bureau for exemption of a class of debt
collection practices within the applying state from the provisions of
the Fair Debt Collection Practices Act (FDCPA) as provided in section
817 of the Act, 15 U.S.C. 1692. The information collection request
seeks OMB approval for the state application for exemption from the
provisions of FDCPA as contained in 12 CFR 1006.2.
Request for Comments: The Bureau issued a 60-day Federal Register
notice on June 15, 2015, (80 FR 34148). Comments were solicited and
continue to be invited on: (a) Whether the collection of information is
necessary for the proper performance of the functions of the Bureau,
including whether the information will have practical utility; (b) The
accuracy of the Bureau's estimate of the burden of the collection of
information, including the validity of the methods and the assumptions
used; (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) Ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology. Comments submitted in response to this notice will be
summarized and/or included in the request for OMB approval. All
comments will become a matter of public record.
Dated: September 9, 2015.
Linda F. Powell,
Chief Data Officer, Bureau of Consumer Financial Protection.
[FR Doc. 2015-23070 Filed 9-11-15; 8:45 am]
BILLING CODE 4810-AM-P