Agency Information Collection Activities: Submission for OMB Review; Comment Request, 30255-30256 [2016-11425]
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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices
their behalf.11 In addition, section 306 of the
FPA permits the filing of private complaints
with the FERC for any violation of the FPA.12
Aside from the injustice of changing the
scope of the RTO–ISO Order three years after
it was issued, subjecting the transactions
covered by the Order to private suits under
the CEA undermines carefully considered
policy designed to promote affordable and
reliable electricity for millions of American
consumers. The defendants’ conduct in the
Aspire litigation was explicitly permitted
under Texas law and related PUCT
regulations.13 Indeed, the plaintiffs in Aspire
brought suit only after they tried and failed
to convince the PUCT to change its rules
permitting the conduct at issue.14
In my view, the Aspire case is a telling
example of the problems with subjecting
RTO–ISO transactions to private section 22
litigation. Even if a firm is only involved in
the generation or transmission of electric
power (and not in the derivatives markets),
it may nonetheless be subject to extensive
litigation—lasting years, exacting significant
sums in defense costs, subjecting ratepayers
to potential damages and distracting the firm
from its core business—all for merely
complying with standards crafted and
enforced by its primary regulator.15
Moreover, subjecting electricity providers to
private litigation will deprive them of the
certainty that the RTO–ISO Order was
supposed to provide; if private section 22
claims are allowed, it will be impossible for
market participants to be certain which FERC
or state rules governing power markets can be
adhered to without incurring liability. I fail
to see how permitting these kinds of suits
would ‘‘promote responsible economic or
financial innovation and fair competition’’
that the Commission’s exemptive authority is
supposed to provide.16
11 7
U.S.C. 13a-1(d)(3) (2012).
Joint Trade Associations, Comment Letter
on Proposed Order and Request for Comment on an
Application for an Exemptive Order From
Southwest Power Pool, Inc. From Certain
Provisions of the Commodity Exchange Act
Pursuant to the Authority Provided in Section
4(c)(6) of the Act, at 7 n.17 (Jun. 22, 2015) (citations
omitted); see also PUCT Comment Letter at 6–7
(Jun. 22, 2015) (explaining that market participants
regulated by the Electric Reliability Council of
Texas (‘‘ERCOT’’) aggrieved by the activities of
other market participants may bring complaints for
adjudication by ERCOT, whose decisions are
subject to review by PUCT and the Texas state
courts).
13 Aspire, 2015 WL 500482, at *1; see also 16 Tex.
Admin. Code 25.504(c) (2006). I take no position on
the specific PUCT Rule at issue, other to note that
it appears to be backed by a broad consensus of
Texas electricity stakeholders and vigorously
defended by the PUCT. See Aspire, 2016 WL
758689, Brief for PUCT as Amicus Curiae, at 27–
29.
14 Aspire, 2015 WL 500482, at *1.
15 See PUCT Comment Letter on Proposed Order
and Request for Comment on an Application for an
Exemptive Order From Southwest Power Pool, Inc.
From Certain Provisions of the Commodity
Exchange Act Pursuant to the Authority Provided
in Section 4(c)(6) of the Act, at 7–10 (Jun. 22, 2014)
(describing the Aspire litigation and its potential
deleterious effects on the RTO–ISO markets).
16 7 U.S.C. 6(c); see also Feb. 25, 2016 Energy and
Environmental Markets Advisory Committee
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Indeed, permitting these suits is in tension
with long-standing jurisprudence disallowing
private litigants from collaterally attacking a
rate, tariff, protocol and/or rule approved or
permitted to take effect by the PUCT and/or
the FERC. Courts have regularly relied on the
so-called ‘‘filed rate doctrine,’’ which
deprives them of jurisdiction to hear
otherwise valid private rights of action where
such action seeks to undermine or attack
‘‘any ‘filed rate’—that is, one approved by the
governing regulatory agency—[because such
a rate] is per se reasonable and unassailable
in judicial proceedings brought by
ratepayers.’’ 17
Here, the Commission dismisses concerns
that preserving the section 22 private right of
action may cause regulatory uncertainty or
inconsistent or duplicative regulation by
arguing that the same result could occur if
the CFTC were to bring enforcement actions
for violations of the Reserved Provisions.
This is a concern, to be sure. But the CFTC
may bring suit only after an affirmative vote
of a majority of Commissioners and in
accordance with its Memorandum of
Understanding with the FERC under which
staff of the CFTC and the FERC have agreed
to consult each other on matters of mutual
interest and overlapping jurisdiction.18 The
CFTC would therefore be far likelier than a
private plaintiff to consider the impact an
action for violating the CEA could have on
the regulatory policy of co-equal regulators
operating in their primary field. Furthermore,
unlike private plaintiffs, the CFTC would
have a thorough appreciation of a potential
defendant’s positions in derivatives markets
and access to a potential defendant’s
positions in the cash markets, ensuring that
only cases of true merit would be brought.
One would expect the CFTC to conduct an
extensive investigation and carefully
consider any impact an action for CEA
violations would have on electricity
regulation before bringing suit. I certainly
will. As commenters have pointed out,
private parties—who may be interested
primarily in winning a cash award and/or
securing attorneys’ fees—will not consider
the matter so broadly.
In conclusion, adding section 22 to the list
of Reserved Provisions is a serious misstep.
At a time of stagnant wage growth, today’s
proposal may needlessly subject millions of
American ratepayers to higher utility bills as
a result of the almost certain increase in
litigation, court costs and settlement
damages. Permitting private rights of action
in the heavily regulated RTO–ISO markets is
in great tension with the congressional
command that the CFTC, the FERC and
Meeting, transcript at 21–70 (discussing the
consequences for consumers and rate payers that
would flow from permitting private rights of action
against RTO–ISO participants).
17 Tex. Commercial Energy v. TXU Energy, 413
F.3d 503, 508 (5th Cir. 2005 (quoting Wegoland,
Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir. 1994)
(barring otherwise valid antitrust law claim on the
basis of the filed-rate doctrine based on PUCT
oversight over the relevant electricity market).
18 Memorandum of Understanding between the
FERC and the CFTC (Jan. 2, 2014), https://
www.cftc.gov/idc/groups/public/@newsroom/
documents/file/cftcfercjmou2014.pdf.
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30255
where applicable, state regulators, work to
ensure effective, efficient regulation that
provides the RTO–ISO market participants
with legal certainty.
As such, I emphatically dissent from the
proposal.
[FR Doc. 2016–11385 Filed 5–13–16; 8:45 am]
BILLING CODE 6351–01–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No: CFPB–2016–0021]
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
to renew the Office of Management and
Budget (OMB) approval for an existing
information collection titled,
‘‘Application Process for Designation of
Rural Area under Federal Consumer
Financial Law.’’
DATES: Written comments are
encouraged and must be received on or
before June 15, 2016 to be assured of
consideration.
SUMMARY:
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.
• 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
ADDRESSES:
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30256
Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices
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: CFPB_PRA@cfpb.gov. Please
do not submit comments to this email
box.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Title of Collection: Application
Process for Designation of Rural Area
under Federal Consumer Financial Law.
OMB Control Number: 3170–0061.
Type of Review: Extension without
change of a currently approved
collection.
Affected Public: Private sector (banks
and credit unions).
Estimated Number of Respondents: 1.
Estimated Total Annual Burden
Hours: 5.
Abstract: Section 89002 of the HELP
Rural Communities Act (Pub. L. 114–94)
requires the Bureau to establish an
application process under which a
person may apply to have an area
designated by the Bureau as a rural area
for purposes of a Federal consumer
financial law. On March 3, 2016, the
Bureau published a Final rule in the
Federal Register (81 FR 11099) which
sets forth the procedure for making this
application and requires the applicant
to submit information identifying the
area for which the request is made, and
the justification for granting the area
rural status. While the rule specifies
what information is to be included, it
does not specify to the form or format
of the information.
Request for Comments: The Bureau
issued a 60-day Federal Register notice
on February 18, 2016 (81 FR 8179).
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.
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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: May 10, 2016.
Darrin A. King,
Paperwork Reduction Act Officer, Bureau of
Consumer Financial Protection.
[FR Doc. 2016–11425 Filed 5–13–16; 8:45 am]
BILLING CODE 4810–AM–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No. CFPB–2016–0022]
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,
‘‘Evaluation of Financial Empowerment
Training Program.’’
DATES: Written comments are
encouraged and must be received on or
before July 15, 2016 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.
• 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
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
Financial Protection Bureau, (Attention:
PRA Office), 1700 G Street NW.,
Washington, DC 20552, (202) 435–9575,
or email: CFPB_PRA@cfpb.gov. Please
do not submit comments to this
mailbox.
SUPPLEMENTARY INFORMATION:
Title of Collection: Evaluation of
Financial Empowerment Training
Program.
OMB Control Number: 3170–0038.
Type of Review: Extension with
change of a currently approved
collection.
Affected Public: Individuals,
government social services entities, and
not-for-profit institutions.
Estimated Number of Respondents:
15,750.
Estimated Total Annual Burden
Hours: 10,338.
Abstract: The Bureau’s Office of
Financial Empowerment
(Empowerment) is responsible for
developing strategies to improve the
financial capability of low-income and
economically vulnerable consumers,
such as consumers who are unbanked or
underbanked, those with thin or no
credit file, and households with limited
savings. To address the needs of these
consumers, Empowerment has
developed the Your Money, Your Goals
toolkit and training program. These
resources equip frontline staff and
volunteers in a range of organizations to
provide relevant and effective
information, tools, and technical
assistance designed to improve the
financial outcomes and capability of
these vulnerable consumers. The Bureau
seeks to renew approval of the
information collection plan (ICP) to
collect qualitative data related to
evaluating the effectiveness of this
toolkit, collateral materials, and training
program. The proposed collections will
focus on evaluating: (1) Your Money,
Your Goals training practices, toolkit,
and collateral materials in enhancing
the ability of frontline staff and
volunteers to inform and educate lowincome consumers about managing their
finances; (2) and to assess the scope of
workshop participants’ use of the
resources with the people they serve.
The Bureau expects to collect
qualitative data through paper-based
and web-based surveys.
Request for Comments: Comments are
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
E:\FR\FM\16MYN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30255-30256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11425]
=======================================================================
-----------------------------------------------------------------------
BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2016-0021]
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 to renew
the Office of Management and Budget (OMB) approval for an existing
information collection titled, ``Application Process for Designation of
Rural Area under Federal Consumer Financial Law.''
DATES: Written comments are encouraged and must be received on or
before June 15, 2016 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.
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
[[Page 30256]]
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: CFPB_PRA@cfpb.gov. Please do not
submit comments to this email box.
SUPPLEMENTARY INFORMATION:
Title of Collection: Application Process for Designation of Rural
Area under Federal Consumer Financial Law.
OMB Control Number: 3170-0061.
Type of Review: Extension without change of a currently approved
collection.
Affected Public: Private sector (banks and credit unions).
Estimated Number of Respondents: 1.
Estimated Total Annual Burden Hours: 5.
Abstract: Section 89002 of the HELP Rural Communities Act (Pub. L.
114-94) requires the Bureau to establish an application process under
which a person may apply to have an area designated by the Bureau as a
rural area for purposes of a Federal consumer financial law. On March
3, 2016, the Bureau published a Final rule in the Federal Register (81
FR 11099) which sets forth the procedure for making this application
and requires the applicant to submit information identifying the area
for which the request is made, and the justification for granting the
area rural status. While the rule specifies what information is to be
included, it does not specify to the form or format of the information.
Request for Comments: The Bureau issued a 60-day Federal Register
notice on February 18, 2016 (81 FR 8179). 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: May 10, 2016.
Darrin A. King,
Paperwork Reduction Act Officer, Bureau of Consumer Financial
Protection.
[FR Doc. 2016-11425 Filed 5-13-16; 8:45 am]
BILLING CODE 4810-AM-P
