Agency Contact Information, 16531-16543 [2023-05216]
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16531
Rules and Regulations
Federal Register
Vol. 88, No. 53
Monday, March 20, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Chapter X
Agency Contact Information
Bureau of Consumer Financial
Protection.
ACTION: Final rule; technical corrections.
AGENCY:
The Consumer Financial
Protection Bureau (Bureau or CFPB) is
issuing this final rule to make nonsubstantive corrections and updates to
Bureau and other Federal agency
contact information found at certain
locations in Regulations B, E, F, J, V, X,
Z, and DD, including Federal agency
contact information that must be
provided with Equal Credit Opportunity
Act adverse action notices and the Fair
Credit Reporting Act Summary of
Consumer Rights. This final rule also
revises the chapter heading, makes
various non-substantive changes to
Regulations B and V, and provides a
Bureau website address where the
public may access certain APR tables
referenced in Regulation Z.
DATES: The rule is effective April 19,
2023. However, the mandatory
compliance date for the amendments to
appendix A to Regulation B, appendix
A to Regulation J, and appendix K to
Regulation V is March 20, 2024. See part
V for more information.
FOR FURTHER INFORMATION CONTACT:
Luke Diamond, Counsel; Ruth Van
Veldhuizen, Senior Counsel, Office of
Regulations, at 202–435–7700 or https://
reginquiries.consumerfinance.gov/. If
you require this document in an
alternative electronic format, please
contact CFPB_Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Summary of Final Rule
The Bureau is making non-substantive
corrections and updates to Federal
agency contact information located in
several regulations. This includes
correcting the zip code in the Bureau’s
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mailing address found at certain
locations in Regulations B, E, J, Z, and
DD; replacing the name of a former
Bureau division specified at certain
locations in Regulations B, E, F, X, and
Z with the name of a new, expanded
Bureau division or updating references
to officials of the former division to
instead refer more generally to Bureau
officials; and updating other Federal
agency contact information in appendix
A to Regulation B, which must be
included in Equal Credit Opportunity
Act (ECOA) adverse action notices, and
appendix K to Regulation V, which
contains the model form of the Fair
Credit Reporting Act (FCRA) Summary
of Consumer Rights. The Bureau is also
changing the header of 12 CFR chapter
X from ‘‘Bureau of Consumer Financial
Protection’’ to ‘‘Consumer Financial
Protection Bureau,’’ and making various
non-substantive corrections in
Regulations B and V. Finally, the
Bureau is updating the comment for
appendix J to Regulation Z in the
Official Interpretations of Regulation Z
to add a URL (website address) at which
the public may access a new Bureau
website that contains certain APR
tables. Previously, the public could only
request the tables from the Bureau at its
postal mailing address.
In Regulation B, implementing ECOA,
the Bureau is amending appendix A,
which contains Federal agency contact
information that creditors must include
in ECOA adverse action notices.1 The
Bureau is correcting the contact
information in appendix A for the
following agencies: the Bureau; the
Office of the Comptroller of the
Currency (OCC); the Federal Deposit
Insurance Corporation (FDIC); the
National Credit Union Administration
(NCUA); the Department of
Transportation (DOT); the Surface
Transportation Board (STB); the United
States Department of Agriculture,
Agricultural Marketing Service (USDA–
AMS); the United States Small Business
Administration (SBA); the Securities
and Exchange Commission (SEC); and
the Federal Trade Commission (FTC).
The Bureau is also correcting its own
1 In appendix A to Regulation B and appendix K
to Regulation V, the contact information for some
agencies includes a specific office (such as the
OCC’s Customer Assistance Group and the USDA–
AMS’s Packers and Stockyards Division).
References to agencies in this notice mean the
specific office of that agency if an office is
designated in the relevant appendix.
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contact information in appendix D,
which sets forth the process by which
entities may request official Bureau
interpretations of Regulation B, and
removing an obsolete sentence located
in section 1002.9(b)(1).
In Regulation E, implementing the
Electronic Fund Transfer Act (EFTA),
the Bureau is correcting and updating
its own contact information in appendix
C, which sets forth the process by which
entities may request official Bureau
interpretations of Regulation E.
Appendix C to Regulation E currently
designates the ‘‘Associate Director and
other officials of the Division of
Research, Markets, and Regulations’’ as
the officials authorized under the Act to
issue official interpretations. Because
the Division of Research, Markets, and
Regulations no longer exists, the Bureau
is updating this language to reflect that
fact, and instead indicate more generally
that ‘‘duly authorized officials of the
Bureau’’ may provide official
interpretations of Regulation E.
In Regulation F, implementing the
Fair Debt Collection Practices Act
(FDCPA), the Bureau is correcting its
own contact information in appendix A,
which sets forth the process by which
States may apply to the Bureau to
exempt a class of debt collection
practices from the requirements of the
FDCPA and Regulation F, and in the
introduction section of Supplement I,
which sets forth the process by which
entities can request official
interpretations of Regulation F.
In Regulation J, implementing the
Interstate Land Sales Full Disclosure
Act (ILSA), the Bureau is correcting its
own contact information in appendix A,
which contains model forms and
clauses that land developers must
provide to prospective land buyers
under certain circumstances.
In Regulation V, implementing the
FCRA, the Bureau is amending the
model form in appendix K for the
Summary of Consumer Rights.
Consumer reporting agencies must
provide a Summary of Consumer Rights
when making a written disclosure of
information from a consumer’s file or
providing a credit score to a consumer,
and the FCRA also requires certain other
persons to provide a Summary of
Consumer Rights to consumers under
specified circumstances. The Bureau is
correcting the contact information in the
Summary of Consumer Rights model
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form for the following agencies: the
OCC, FDIC, NCUA, DOT, STB, USDA–
AMS, and SBA. The Bureau is also
amending the Summary of Consumer
Rights model form to update references
to obsolete business types and to make
other technical corrections.
In Regulation X, implementing the
Real Estate Settlement Procedures Act
(RESPA), the Bureau is correcting its
own contact information in the
definition of ‘‘Public Guidance
Documents’’ in section 1024.2(b), which
contains the procedure by which
entities can request copies of public
guidance documents from the Bureau,
and in the introduction section of
Supplement I, which sets forth the
process by which entities can request
official interpretations of Regulation X.
In Regulation Z, implementing the
Truth in Lending Act (TILA), the Bureau
is correcting its own contact information
in appendices A, B, and C. Appendix A
sets forth the process by which States
may request a determination from the
Bureau regarding whether a State law is
inconsistent with or substantially the
same as TILA and Regulation Z.
Appendix B sets forth the process by
which States may apply to the Bureau
to exempt a class of transactions from
the requirements of TILA and
Regulation Z. Appendix C sets forth the
process by which entities may request
official Bureau interpretations of
Regulation Z. The Bureau is also
correcting its own contact information
in the comment for appendix J, located
in the Official Interpretations in
Supplement I. Appendix J sets forth the
actuarial equations and instructions for
calculating the annual percentage rate in
closed-end credit transactions. The
Bureau maintains Annual Percentage
Rate Tables to assist in performance of
these calculations, and the comment for
appendix J in the Official Interpretations
describes a process that entities may use
to request these tables from the Bureau.
In addition to correcting the Bureau’s
zip code in its postal address provided
there, the Bureau now makes the tables
available to the public on its website
and is updating the comment to
appendix J in the Official Interpretations
to add a URL at which the public may
access the website.
In Regulation DD, implementing the
Truth in Savings Act (TISA), the Bureau
is correcting its own contact information
in appendix C, which sets forth the
process by which States may request a
determination from the Bureau
regarding whether a State law is
inconsistent with TISA and Regulation
DD.
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II. Background
III. Legal Authority
As of July 21, 2011, title X of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank
Act) 2 transferred rulemaking authority
for several consumer financial
protection laws from seven Federal
agencies to the Bureau. In the process of
republishing the regulations
implementing those laws, an incorrect
zip code (20006) was mistakenly
included as part of postal address
contact information for the Bureau. The
error appears in a limited number of
locations in appendices and
supplements to Regulations B, E, J, Z,
and DD, including in certain forms: the
list of Federal agencies’ contact
information in appendix A to
Regulation B, which must be included
in adverse action notices under ECOA;
and the Sample Receipt, Agent
Certification and Cancellation Page, in
appendix A to Regulation J, which must
be delivered to prospective lot
purchasers under ILSA. The correct
postal address for the Bureau is: 1700 G
Street NW, Washington, DC 20552.
In addition, the Bureau recently
completed an organizational
realignment in which its Division of
Research, Markets, and Regulations and
portions of an office from another
division were combined to create a new
expanded division called Research,
Monitoring, and Regulations. The
Research, Markets, and Regulations’
name appears in a limited number of
locations in Regulations B, E, F, X, and
Z, and needs to be updated.
Finally, the Bureau has been in
contact with other Federal agencies
referenced in the Bureau’s regulations to
determine whether their contact
information requires updating. Eight
Federal agencies requested that the
Bureau correct their contact information
for the ECOA adverse action notices in
appendix A to Regulation B, described
above, and six Federal agencies
requested that the Bureau correct their
contact information in the model form
of the Summary of Consumer Rights in
appendix K to Regulation V. One
Federal agency also requested that the
Bureau update references to obsolete
business types in the Summary of
Consumer Rights. Updated contact
information and other changes to these
two appendices are described in more
detail in the section-by-section analysis
in part IV, below.
Rulemaking Authority
The Bureau is issuing this final rule
pursuant to its authority under ECOA,
EFTA, FDCPA, ILSA, FCRA, RESPA,
TILA, TISA, and the Dodd-Frank Act.
Section 1022(b)(1) of the Dodd-Frank
Act authorizes the Bureau to prescribe
‘‘rules . . . as may be necessary or
appropriate to . . . carry out the
purposes and objectives of the Federal
consumer financial laws, and prevent
evasions thereof.’’ ECOA, EFTA,
FDCPA, ILSA, FCRA, RESPA, TILA, and
TISA are all Federal consumer financial
laws,3 and each statute additionally
independently authorizes the Bureau to
promulgate regulations.4 Accordingly,
the Bureau has authority to issue
regulations pursuant to ECOA, EFTA,
FDCPA, ILSA, FCRA, RESPA, TILA,
TISA, and the Dodd-Frank Act.
2 Dodd-Frank Wall Street Reform and Consumer
Protection Act, Public Law 111–203, tit. X, 124 Stat.
1376, 1955 (2010).
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Procedural Requirements
Under the Administrative Procedure
Act, notice and opportunity for public
comment are not required if the Bureau
finds for good cause that notice and
public comment are impracticable,
unnecessary, or contrary to the public
interest.5 The changes made in this
rulemaking correct incorrect mailing
addresses for the Bureau and other
government agencies, correct
typographical errors, or are similar
technical amendments that do not alter
the substance of the regulations. The
Bureau believes there is minimal, if any,
basis for substantive disagreement with
these amendments. As to all of these
changes, the Bureau finds that notice
and public comment are unnecessary.
For these reasons, the Bureau has
determined that publishing a notice of
proposed rulemaking and providing
3 Dodd-Frank Act section 1002(14), 12 U.S.C.
5481(14) (defining ‘‘Federal consumer financial
law’’ to include the ‘‘enumerated consumer laws’’);
Dodd-Frank Act section 1002(12), 12 U.S.C.
5481(12) (defining ‘‘enumerated consumer laws’’ to
include ECOA; EFTA, except with respect to
section 920 of that Act; FDCPA; ILSA; FCRA, except
with respect to sections 615(e) and 628 of that Act;
RESPA; TILA; and TISA).
4 Regulation B, 12 CFR part 1002, implements
ECOA, 15 U.S.C. 1691 et seq. pursuant to 15 U.S.C.
1691b. Regulation E, 12 CFR part 1005, implements
EFTA, 15 U.S.C. 1693 et seq. pursuant to 15 U.S.C.
1693b. Regulation F, 12 CFR part 1006, implements
the FDCPA, 15 U.S.C. 1692 et seq. pursuant to 15
U.S.C. 1692l(d). Regulation J, 12 CFR part 1010,
implements ILSA, 15 U.S.C. 1701 et seq. pursuant
to 15 U.S.C. 1718. Regulation V, 12 CFR part 1022,
implements the FCRA, 15 U.S.C. 1681 et seq.
pursuant to 15 U.S.C. 1681s(e). Regulation X, 12
CFR part 1024, implements RESPA, 12 U.S.C. 2601
et seq. pursuant to 12 U.S.C. 2716(a). Regulation Z,
12 CFR part 1026, implements TILA, 15 U.S.C. 1601
et seq. pursuant to 15 U.S.C. 1604(a). Regulation
DD, 12 CFR part 1030, implements 12 U.S.C. 4301
et seq. pursuant to 12 U.S.C. 4308.
5 5 U.S.C. 553(b).
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opportunity for public comment are not
required. Therefore, the amendments
are adopted in final form.
IV. Section-by-Section Analysis
A. Regulation B
Section 1002.9
Notifications
9(b)
9(b)(1)
Section 1002.9(b)(1) provides model
language that satisfies certain disclosure
requirements of 12 CFR 1002.9(a)(2)
relating to adverse action notices. These
notices must include Federal agency
contact information located in appendix
A to Regulation B. The final sentence of
§ 1002.9(b)(1) permitted creditors to
include Federal agency contact
information as it appeared in an old
version of appendix A until January 1,
2013. As that permission has now
expired, the sentence is obsolete, and
the Bureau is amending § 1002.9(b)(1) to
remove it.
Appendix A to Part 1002—Federal
Agencies To Be Listed in Adverse
Action Notices
1
The Bureau is amending paragraph 1
to correct postal address contact
information for the Bureau and the FTC.
The zip code will be corrected in
contact information for the Bureau and
contact information for the FTC will be
changed from ‘‘FTC Regional Office for
region in which the creditor operates or
Federal Trade Commission, Equal Credit
Opportunity, Washington, DC 20580’’ to
‘‘Federal Trade Commission, Consumer
Response Center, 600 Pennsylvania
Avenue NW, Washington, DC 20580.’’
2
The Bureau is amending paragraph 3
to correct postal address contact
information for the DOT. The contact
information will be changed from
‘‘Assistant General Counsel for Aviation
Enforcement and Proceedings,
Department of Transportation, 400
Seventh Street SW, Washington, DC
20590’’ to ‘‘Assistant General Counsel
for Office of Aviation Consumer
Protection, Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590.’’
4
The Bureau is amending paragraph 4
to correct postal address contact
information for the STB. The contact
information will be changed from
‘‘Office of Proceedings, Surface
Transportation Board, Department of
Transportation, 1925 K Street NW,
Washington, DC 20423’’ to ‘‘Office of
Public Assistance, Governmental
Affairs, and Compliance, Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423.’’
5
2(a)
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2(d)
The Bureau is amending paragraph
2(d) to correct postal address contact
information for the NCUA. The contact
information will be changed from
‘‘National Credit Union Administration,
Office of Consumer Protection, 1775
Duke Street, Alexandria, VA 22314’’ to
‘‘National Credit Union Administration,
Office of Consumer Financial
Protection, 1775 Duke Street,
Alexandria, VA 22314.’’
3
Appendix A to part 1002 provides a
list of contact information for Federal
agencies that creditors must include in
adverse action notices pursuant to 12
CFR 1002.9(b)(1). To update Federal
agencies’ contact information and for
the reasons discussed in part II, the
Bureau is revising appendix A to part
1002.
The Bureau is amending paragraph
2(a) to correct postal address contact
information for the OCC. The contact
information will be changed from
‘‘Office of the Comptroller of the
Currency, Customer Assistance Group,
1301 McKinney Street, Suite 3450,
Houston, TX 77010–9050’’ to ‘‘Office of
the Comptroller of the Currency,
Customer Assistance Group, P.O. Box
53570, Houston, TX 77052.’’
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2(c)
The Bureau is amending paragraph
2(c) to correct postal address contact
information for the FDIC. The contact
information will be changed from ‘‘FDIC
Consumer Response Center, 1100
Walnut Street, Box #11, Kansas City,
MO 64106’’ to ‘‘Division of Depositor
and Consumer Protection, National
Center for Consumer and Depositor
Assistance, Federal Deposit Insurance
Corporation, 1100 Walnut Street, Box
#11, Kansas City, MO 64106.’’
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The Bureau is amending paragraph 5
to correct contact information for the
USDA–AMS. The contact information
will be changed from ‘‘Nearest Packers
and Stockyards Administration area
supervisor’’ to ‘‘Nearest Packers and
Stockyards Division Regional Office.’’
6
The Bureau is amending paragraph 6
to correct postal office contact
information for the SBA. The contact
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information will be changed from
‘‘Associate Deputy Administrator for
Capital Access, United States Small
Business Administration, 409 Third
Street SW, 8th Floor, Washington, DC
20416’’ to ‘‘Associate Administrator,
Office of Capital Access, United States
Small Business Administration, 409
Third Street SW, Suite 8200,
Washington, DC 20416.’’
7
The Bureau is amending paragraph 7
to correct postal address contact
information for the SEC. The contact
information will be changed from
‘‘Securities and Exchange Commission,
Washington, DC 20549’’ to ‘‘Securities
and Exchange Commission, 100 F Street
NE, Washington, DC 20549.’’
9
The Bureau is amending paragraph 9
to correct postal address contact
information for the FTC. The contact
information will be changed from ‘‘FTC
Regional Office for region in which the
creditor operates or Federal Trade
Commission, Equal Credit Opportunity,
Washington, DC 20580’’ to ‘‘Federal
Trade Commission, Consumer Response
Center, 600 Pennsylvania Avenue NW,
Washington, DC 20580.’’
Appendix D to Part 1002—Issuance of
Official Interpretations
2
Appendix D to part 1002 sets forth the
process by which entities may request
official Bureau interpretations of
Regulation B that provide protections
afforded under section 706(e) of ECOA.
For reasons discussed in part II, the
Bureau is amending paragraph 2 in
appendix D to part 1002 to correct the
zip code in postal address contact
information for the Bureau and to
replace the reference to the Division of
Research, Markets, and Regulations with
a reference to the new, expanded
Division of Research, Monitoring, and
Regulations.
B. Regulation E
Appendix C to Part 1005—Issuance of
Official Interpretations
Requests for Issuance of Official
Interpretations
Appendix C to part 1005 sets forth the
process by which entities may request
official Bureau interpretations of
Regulation E that provide protections
afforded under section 916(d) of EFTA.
For the reasons discussed in part II, the
Bureau is amending appendix C to part
1005 to correct the zip code in postal
address contact information for the
Bureau and to update the language
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referring to officials of the former
Research, Markets, and Regulations
Division to instead indicate more
generally that duly authorized officials
of the Bureau may provide official
interpretations of Regulation E.
C. Regulation F
Appendix A to Part 1006—Procedures
for State Application for Exemption
From the Provisions of the Act
II. Application
Appendix A to part 1006 sets forth the
process by which states may apply to
the Bureau to exempt a class of debt
collection practices within the applying
State from the requirements of the
FDCPA and Regulation F pursuant to
section 817 of the FDCPA. For the
reasons discussed in part II, the Bureau
is amending appendix A to replace the
reference to the Division of Research,
Markets, and Regulations with a
reference to the new, expanded Division
of Research, Monitoring, and
Regulations.
Supplement I to Part 1006—Official
Interpretations
Introduction
The introduction of Supplement I to
part 1006 explains the purpose of the
supplement and describes the procedure
by which anyone may request an official
interpretation of Regulation F. For the
reasons discussed in part II, the Bureau
is amending the introduction to
Supplement I to replace the reference to
the Division of Research, Markets, and
Regulations with a reference to the new,
expanded Division of Research,
Monitoring, and Regulations. The
Bureau is also changing the addressee to
contact for official interpretations of
Regulation F from Associate Director,
Division of Research, Markets, and
Regulations to Assistant Director, Office
of Regulations, Division of Research,
Monitoring, and Regulations, to
maintain consistency with other Bureau
regulations that reference the Assistant
Director, Office of Regulations as the
addressee for official interpretations.
D. Regulation J
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Appendix A to Part 1010—Standard and
Model Forms and Clauses
Section XXVII, Receipt, Agent
Certification and Cancellation Page—
§ 1010.188(a)
Appendix A to part 1010 provides
Standard and Model Forms and Clauses
required under Regulation J, which
implements ILSA. Section 1404(a)(1)(B)
of ILSA prohibits the sale or lease of
certain unexempted lots unless the
purchaser is provided with a copy of a
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property report that contains certain
representations about the lots and other
information required under the Bureau’s
rules. Section 1010.118 of Regulation J
requires that a receipt, agency
certification, and cancellation page,
formatted in accordance with section
XXVII of appendix A, be attached to the
property report. Included on this page is
a notice that the buyer should notify the
Bureau if the seller makes any
representations contrary to those in the
property report. For the reasons
discussed in part II, the Bureau is
amending section XXVII of appendix A
to part 1010 to correct the zip code in
postal address contact information for
the Bureau.
E. Regulation V
Appendix K to Part 1022—Summary of
Consumer Rights
Appendix K to part 1022 provides the
model form for the Summary of
Consumer Rights, which explains
certain major consumer rights under the
FCRA. A consumer reporting agency
must provide a Summary of Consumer
Rights whenever it makes a written
disclosure of information from a
consumer’s file or provides a credit
score to the consumer.6 The FCRA also
requires certain other persons to provide
a Summary of Consumer Rights to
consumers under specified
circumstances.7 To update Federal
agencies’ contact information and for
the reasons discussed in part II, the
Bureau is amending appendix K to part
1022 to correct contact information
provided for the OCC, FDIC, NCUA,
DOT, STB, USDA–AMS, and SBA.
Contact information for the OCC will
be changed from ‘‘Office of the
Comptroller of the Currency, Customer
Assistance Group, 1301 McKinney
Street, Suite 3450, Houston, TX 77010–
9050’’ to ‘‘Office of the Comptroller of
the Currency, Customer Assistance
Group, P.O. Box 53570, Houston, TX
77052.’’
6 15 U.S.C. 1681g(c)(2)(A) (requirement to provide
a Summary of Consumer Rights with any written
file disclosure). A consumer reporting agency must
also provide an employer with a Summary of
Consumer Rights before furnishing a consumer
report for employment purposes. 15 U.S.C.
1681b(b)(1)(B) (requirement to provide a Summary
of Consumer Rights with a report for employment
purposes if the Summary of Consumer Rights has
not been provided previously).
7 See, e.g., 15 U.S.C. 1681b(b)(3) (generally
requiring persons using a consumer report for
employment purposes to provide the consumer
with a Summary of Consumer Rights before taking
any adverse action based on the report). The Bureau
must also actively publicize the availability of the
Summary of Consumer Rights, conspicuously post
its availability on the Bureau’s internet website, and
promptly make it available to consumers, on
request. 15 U.S.C. 1681g(c)(1)(C).
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Contact information for the FDIC will
be changed from ‘‘FDIC Consumer
Response Center, 1100 Walnut Street,
Box #11, Kansas City, MO 64106’’ to
‘‘Division of Depositor and Consumer
Protection, National Center for
Consumer and Depositor Assistance,
Federal Deposit Insurance Corporation,
1100 Walnut Street, Box #11, Kansas
City, MO 64106.’’
Contact information for the NCUA
will be changed from ‘‘National Credit
Union Administration, Office of
Consumer Financial Protection (OCFP),
Division of Consumer Compliance
Policy and Outreach, 1775 Duke Street,
Alexandria, VA 22314’’ to ‘‘National
Credit Union Administration, Office of
Consumer Financial Protection, 1775
Duke Street, Alexandria, VA 22314.’’
Contact information for the DOT will
be changed from ‘‘Asst. General Counsel
for Aviation Enforcement &
Proceedings, Aviation Consumer
Protection Division, Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590’’ to
‘‘Assistant General Counsel for Office of
Aviation Consumer Protection,
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590.’’
Contact information for the STB will
be changed from ‘‘Office of Proceedings,
Surface Transportation Board,
Department of Transportation, 395 E
Street SW, Washington, DC 20423’’ to
‘‘Office of Public Assistance,
Governmental Affairs, and Compliance,
Surface Transportation Board, 395 E
Street SW, Washington, DC 20423.’’
Contact information for the USDA–
AMS will be changed from ‘‘Nearest
Packers and Stockyards Administration
area supervisor’’ to ‘‘Nearest Packers
and Stockyards Division Regional
Office.’’
Contact information for the SBA will
be changed from ‘‘Associate Deputy
Administrator for Capital Access,
United States Small Business
Administration, 409 Third Street SW,
Suite 8200, Washington, DC 20416’’ to
‘‘Associate Administrator, Office of
Capital Access, United States Small
Business Association, 409 Third Street
SW, Suite 8200, Washington, DC
20416.’’
The Bureau is also amending the
eighth row on page four of the model
form in appendix K. This entry
indicates that the FCA is a point of
contact for information regarding certain
Farm Credit System institutions. The
FCA has requested that the Bureau
update the language in appendix K
because certain of the listed institutions,
such as Federal land banks, no longer
exist. Based on the FCA’s request, the
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Bureau is therefore changing the ‘‘TYPE
OF BUSINESS’’ entry on the eighth row
of page four from ‘‘Federal Land Banks,
Federal Land Bank Associations,
Federal Intermediate Credit Banks, and
Production Credit Associations’’ to
‘‘Institutions that are members of the
Farm Credit System.’’ 8
The Bureau is also making technical
corrections to the text of the model
form. The Bureau is correcting a
misspelling of the word ‘‘from’’ on page
two. The corrected text reads in relevant
part: ‘‘Unsolicited ‘prescreened’ offers
for credit and insurance must include a
toll-free phone number you can call if
you choose to remove your name and
address from the lists these offers are
based on.’’ The Bureau is also correcting
the punctuation of agencies’ contact
information to maintain consistent
punctuation usage throughout the
model form. For example, ‘‘100 F Street,
N.E.’’ will be changed to ‘‘100 F Street
NE.’’
F. Regulation X
Section 1024.2
Definitions
Appendix C to Part 1026—Issuance of
Official Interpretations
Introduction
Requests for Issuance of Official
Interpretations
The introduction of Supplement I to
part 1024 explains the purpose of the
supplement and describes the procedure
by which anyone may request an official
interpretation of Regulation X. For the
reasons discussed in part II, the Bureau
is amending the introduction to
Supplement I to replace the reference to
the Division of Research, Markets, and
Regulations with a reference to the new,
expanded Division of Research,
Monitoring, and Regulations. The
Bureau is also changing the addressee to
contact for official interpretations of
Regulation X from Associate Director,
Division of Research, Markets, and
Regulations to Assistant Director, Office
of Regulations, Division of Research,
Monitoring, and Regulations, to
maintain consistency with other Bureau
regulations that reference the Assistant
Director, Office of Regulations as the
addressee for official interpretations.
Appendix A to Part 1026—Effect of
State Laws
Public Guidance Documents
Section 1024.2(b) contains definitions
for terms used in Regulation X.
Accordingly, the definition of ‘‘Public
Guidance Documents’’ in section
1024.2(b) sets forth the definition of that
term, as it is used in Regulation X. In
addition, it provides a Bureau mailing
address by which anyone may request
copies of public guidance documents
from the Bureau. The Bureau is
amending the definition of ‘‘Public
Guidance Documents’’ to replace the
reference to the Division of Research,
Markets, and Regulations with a
reference to the new, expanded Division
of Research, Monitoring, and
Regulations. The Bureau is also
changing the addressee to contact for
copies of public guidance documents
from Associate Director, Division of
Research, Markets, and Regulations to
Assistant Director, Office of Regulations,
Division of Research, Monitoring, and
Regulations, to maintain consistency
with other Bureau regulations that
reference Assistant Director, Office of
Regulations as the addressee.
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Supplement I to Part 1024—Official
Interpretations
G. Regulation Z
2(b)
Request for Determination
Appendix A to part 1026 sets forth the
process by which states may request a
determination from the Bureau
regarding whether a State law is
inconsistent with or substantially the
same as TILA and Regulation Z
pursuant to section 111(a) of TILA. For
the reasons discussed in part II, the
Bureau is amending appendix A to part
1026 to correct the zip code in postal
address contact information for the
Bureau.
Appendix B to Part 1026—State
Exemptions
Application
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Appendix C to part 1026 sets forth the
process by which entities may request
official Bureau interpretations of
Regulation Z that provide protections
afforded under section 130(f) of TILA.
For the reasons discussed in part II, the
Bureau is amending appendix C to part
1026 to correct the zip code in postal
address contact information for the
Bureau and to replace the reference to
the Division of Research, Markets, and
Regulations with a reference to the new,
expanded Division of Research,
Monitoring, and Regulations.
Appendix J—Annual Percentage Rate
Computations for Closed-End Credit
Transactions
Appendix J to part 1026 sets forth the
actuarial equations and instructions for
calculating the annual percentage rate in
closed-end credit transactions. The
Official Interpretation of appendix J
refers to tables that creditors may use to
perform the calculations. It explains that
entities may request these tables from
the Bureau and provides the Bureau’s
postal address. For the reasons
discussed in part II, the Bureau is
amending comment appendix J–2 in the
Official Interpretation of appendix J,
located in Supplement I, to correct the
zip code in postal address contact
information for the Bureau. In addition,
the Bureau has recently made the tables
available to the public on the Bureau’s
website. The Bureau is amending
comment appendix J–2 to provide a
URL at which the public may access
that website.9
H. Regulation DD
Appendix C to Part 1030—Effect on
State Laws
(b) Preemption Determinations
Appendix B to part 1026 sets forth the
process by which states may apply to
the Bureau to exempt a class of
transactions from the requirements of
TILA and Regulation Z pursuant to
sections 123 and 173(b) of TILA. For the
reasons discussed in part II, the Bureau
is amending appendix B to part 1026 to
correct the zip code in postal address
contact information for the Bureau.
8 At this time, the Bureau is not making a similar
change to the language in appendix A to Regulation
B because appendix A to Regulation B tracks
specific language in ECOA regarding the Farm
Credit Administration’s enforcement authority. See
15 U.S.C. 1691c(a)(6).
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Appendix C to part 1030 sets forth the
process by which States may request a
determination from the Bureau
regarding whether a State law is
inconsistent with TISA and Regulation
DD pursuant to section 273 of TISA. For
the reasons discussed in part II, the
Bureau is amending paragraph (b) in
appendix C to part 1030 to correct the
zip code in postal address contact
information for the Bureau.
9 The URL is: https://www.consumerfinance.gov/
compliance/compliance-resources/otherapplicable-requirements/annual-percentage-ratetables/.
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I. Heading of 12 CFR Chapter X
Finally, the Bureau is updating the
heading of the Bureau’s chapter in the
Code of Federal Regulations, 12 CFR
chapter X, from ‘‘Bureau of Consumer
Financial Protection’’ to ‘‘Consumer
Financial Protection Bureau.’’ Using the
generally recognized version of the
Bureau’s name will reduce the risk of
public confusion.10 This change to a
heading within the Code of Federal
Regulations will not impose any costs
on the public.
V. Effective Date
Consistent with the requirements of
the Administrative Procedure Act, the
amendments made by this final rule will
take effect 30 days after publication in
the Federal Register. However, to
provide affected entities with adequate
time to implement changes to the forms
referenced in appendix A to Regulation
B (ECOA adverse action notices),
appendix A to Regulation J (Receipt,
Agent Certification and Cancellation
Page), and appendix K to Regulation V
(Summary of Consumer Rights), the
Bureau is allowing optional compliance
with those changes until March 20,
2024. The Bureau anticipates this phasein period will allow affected companies
to make any needed modifications to the
systems used to produce the forms as a
part of regular updates made to those
systems. Nevertheless, the Bureau
encourages entities to correct their
forms at the earliest feasible date to
ensure consumers have accurate contact
information for the relevant Federal
agencies.
VI. Dodd-Frank Act Section 1022(b)
Analysis
A. Overview
In developing this final rule, the
Bureau has considered the rule’s
potential benefits, costs, and impacts,
and has consulted or offered to consult
with appropriate prudential banking
regulators and other Federal agencies,
including regarding the consistency of
this rule with prudential, market, or
systemic objectives administered by
those agencies.11
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10 Congress
has used both versions of the agency’s
name in statutes, and the difference has no legal
significance. Compare, e.g., 12 U.S.C. 5491(a) with
5 U.S.C. 609(d), 12 U.S.C. 1812(a)(1), (d)(2), 3303(a),
10 U.S.C. 1144 note. The Bureau, the Federal
courts, and the public overwhelmingly use
‘‘Consumer Financial Protection Bureau.’’ Using the
less common ‘‘Bureau of Consumer Financial
Protection’’ risks confusion when some members of
the public search for the Bureau’s regulations.
11 Specifically, section 1022(b)(2)(A) of the DoddFrank Act requires the Bureau to consider the
potential benefits and costs of a regulation to
consumers and covered persons, including the
potential reduction of access by consumers to
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The purpose of this rule is to make
non-substantive corrections and updates
to Bureau and other Federal agency
contact information found at certain
locations in Regulations B, E, F, J, V, X,
Z, and DD, including Federal agency
contact information that must be
provided with Equal Credit Opportunity
Act adverse action notices and the Fair
Credit Reporting Act Summary of
Consumer Rights. This final rule also
revises the header of 12 CFR chapter X,
makes various non-substantive changes
to Regulations B and V, and provides a
Bureau website address where the
public may access certain APR tables
referenced in Regulation Z.
1. Description of the Baseline
The Bureau considered the benefits,
costs, and impacts of this rule against a
baseline in which the Bureau takes no
action. In the baseline, mail addressed
to the Bureau using incorrect contact
information could be delayed because it
may require manual handling. In
addition, mail addressed using incorrect
contact information specified in various
Bureau regulations to other agencies,
such as the OCC, may be delayed or sent
back to the sender, and information
concerning certain APR tables provided
by the Bureau in the Official
Interpretations of Regulation Z may take
significantly longer to reach the public
by mail than by accessing a website
provided in the rule.
2. Benefits to Consumers and Covered
Persons
Covered persons and consumers may
benefit from the rule by preventing
situations where mail to the Bureau, the
OCC, or other Federal agencies is
delayed or returned to the sender
because of incorrect contact information
as currently listed in the Bureau’s
regulations. The Bureau does not have
data available to predict the number of
such potentially misdirected
communications that would be
prevented, or the costs involved in
handling such communications. As
such, the Bureau cannot quantify the
potential magnitude of these benefits.
consumer financial products or services, the impact
on depository institutions and credit unions with
$10 billion or less in total assets as described in
section 1026 of the Dodd-Frank Act, and the impact
on consumers in rural areas. Section 1022(b)(2)(B)
of the Dodd-Frank Act directs the Bureau to consult
with appropriate prudential regulators or other
Federal agencies regarding consistency with
prudential, market, or systemic objectives that those
agencies administer. The manner and extent to
which these provisions apply to a rulemaking of
this kind that does not establish standards of
conduct is unclear. Nevertheless, to inform this
rulemaking more fully, the Bureau performed the
described analyses and has consulted, or offered to
consult, as indicated.
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In addition, the Bureau expects that
the rule would benefit consumers by
potentially preventing delays they may
currently experience in receiving a
response to communications they
address to the Bureau, the OCC, or other
Federal agencies, to the extent these
delays are attributable to incorrect
contact information for these agencies as
currently listed in certain of the
Bureau’s regulations. The Bureau does
not have data available to predict the
magnitude of such delays consumers
may experience, or the number of such
communications.
The Bureau further expects that
consumers and covered persons seeking
to access APR information in
connection with Regulation Z may be
able to access it more efficiently through
the URL provided in this rule than by
requesting it by mail. The Bureau does
not have data available to predict the
magnitude of the benefits provided to
consumers and covered persons as a
result of making this information
available through a Bureau website.
Accordingly, the Bureau cannot
quantify the potential magnitude of the
benefits to consumers and covered
persons from the rule.
3. Costs to Covered Persons and
Consumers
Covered persons may incur some
costs in updating the forms and
materials affected by the rule. The rule
makes only technical, non-substantive
changes to the existing text of certain
forms and materials, and as noted in
section V, the Bureau is providing
covered persons with a period of one
year in which to effectuate any
necessary changes to the forms. The
Bureau believes that this phase-in
period will minimize entity costs
related to the disposal of existing
materials and allow entities the
flexibility to make required changes as
part of regular updates to their forms.
The Bureau therefore believes that costs
associated with the form changes
required by this rule will likely be
negligible.
The Bureau does not anticipate that
the rule will result in costs to
consumers.
B. Potential Impact on Depository
Institutions and Credit Unions With $10
Billion or Less in Total Assets, as
Described in Section 1026
The Bureau has no reason to believe
that this final rule would have a unique
impact on depository institutions and
credit unions with $10 billion or less in
total assets.
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C. Potential Impact on Consumers in
Rural Areas and on Access by
Consumers to Consumer Financial
Products or Services
Penalties, Race discrimination,
Religious discrimination, Reporting and
recordkeeping requirements, Savings
associations, Sex discrimination.
The Bureau has no reason to believe
that the final rule would have a unique
impact on consumers in rural areas.
Because the rule makes only technical,
non-substantive changes to the existing
text of several regulations, the Bureau
believes that the rule would not
materially affect access by consumers to
consumer financial products or services.
12 CFR Part 1005
12 CFR Part 1006
3. Section 1002.9 is amended by
removing the last sentence of paragraph
(b)(1).
■ 4. Revise appendix A to read as
follows:
VII. Regulatory Flexibility Act Analysis
Administrative practice and
procedure, Consumer protection, Credit,
Intergovernmental relations.
Appendix A to Part 1002—Federal
Agencies To Be Listed in Adverse
Action Notices
12 CFR Part 1010
The following list indicates the Federal
agency or agencies that should be listed in
notices provided by creditors pursuant to
§ 1002.9(b)(1). Any questions concerning a
particular creditor may be directed to such
agencies. This list is not intended to describe
agencies’ enforcement authority for ECOA
and Regulation B. Terms that are not defined
in the Federal Deposit Insurance Act (12
U.S.C. 1813(s)) shall have the meaning given
to them in the International Banking Act of
1978 (12 U.S.C. 3101).
1. Banks, savings associations, and credit
unions with total assets of over $10 billion
and their affiliates: Bureau of Consumer
Financial Protection, 1700 G Street NW,
Washington, DC 20552. Such affiliates that
are not banks, savings associations, or credit
unions also should list, in addition to the
Bureau: Federal Trade Commission,
Consumer Response Center, 600
Pennsylvania Avenue NW, Washington, DC
20580.
2. To the extent not included in item 1
above:
a. National Banks, Federal savings
associations, and Federal branches and
Federal agencies of foreign banks: Office of
the Comptroller of the Currency, Customer
Assistance Group, P.O. Box 53570, Houston,
TX 77052.
b. State member banks, branches and
agencies of foreign banks (other than Federal
branches, Federal agencies, and insured
State branches of foreign banks), commercial
lending companies owned or controlled by
foreign banks, and organizations operating
under section 25 or 25A of the Federal
Reserve Act: Federal Reserve Consumer Help
Center, P.O. Box 1200, Minneapolis, MN
55480.
c. Nonmember Insured Banks, Insured
State Branches of Foreign Banks, and Insured
State Savings Associations: Division of
Depositor and Consumer Protection, National
Center for Consumer and Depositor
Assistance, Federal Deposit Insurance
Corporation, 1100 Walnut Street, Box #11,
Kansas City, MO 64106.
d. Federal Credit Unions: National Credit
Union Administration, Office of Consumer
Financial Protection (OCFP), Division of
Consumer Compliance Policy and Outreach,
1775 Duke Street, Alexandria, VA 22314.
3. Air Carriers: Assistant General Counsel
for Office of Aviation Consumer Protection,
Because no notice of proposed
rulemaking is required, the Regulatory
Flexibility Act does not require an
initial or final regulatory flexibility
analysis.12
VIII. Paperwork Reduction Act
The Bureau has determined that this
final rule does not impose any new or
revise any existing recordkeeping,
reporting, or disclosure requirements on
covered entities or members of the
public that would be new or revised
collections of information requiring
approval by the Office of Management
and Budget under the Paperwork
Reduction Act.13 The OMB Control
Numbers associated with the collections
of information contained in these
regulations are:
• Regulation B—3170–0013
• Regulation E—3170–0014
• Regulation F—3170–0056
• Regulation J—3170–0012
• Regulation V—3170–0002
• Regulation X—3170–0015
• Regulation Z—3170–0015
• Regulation DD—3170–0004
IX. Congressional Review Act
Pursuant to the Congressional Review
Act,14 the Bureau will submit a report
containing this final rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to the rule’s published
effective date. The Office of Information
and Regulatory Affairs has designated
this rule as not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
List of Subjects
Aged, Banks, Banking, Civil rights,
Consumer protection, Credit, Credit
unions, Discrimination, Fair lending,
Marital status discrimination, National
banks, National origin discrimination,
12 CFR Part 1022
Banks, Banking, Consumer protection,
Credit unions, Fair Credit Reporting
Act, Holding companies, National
banks, Privacy, Reporting and
recordkeeping requirements, Savings
associations, State member banks.
12 CFR Part 1024
Condominiums, Consumer protection,
Housing, Insurance, Mortgages,
Mortgagees, Mortgage servicing,
Reporting and recordkeeping
requirements.
12 CFR Part 1026
Advertising, Appraisal, Appraiser,
Banking, Banks, Consumer protection,
Credit, Credit unions, Mortgages,
National banks, Reporting and
recordkeeping requirements, Savings
associations, Truth in lending.
12 CFR Part 1030
Advertising, Banking, Banks,
Consumer protection, National banks,
Reporting and recordkeeping
requirements, Savings associations,
Truth in savings.
For the reasons set forth above, the
Bureau amends 12 CFR chapter X, as set
forth below:
Chapter X—Consumer Financial Protection
Bureau
1. Under the authority of 12 U.S.C.
5512(b)(1), revise the heading for
chapter X to read as set forth above.
U.S.C. 603(a), 604(a).
U.S.C. 3501 through 3521.
14 5 U.S.C. 801 et seq.
13 44
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Land registration; Reporting
requirements; Certification of
substantially equivalent state law;
Purchasers’ revocation rights; Unlawful
sales practices; Advertising disclaimers;
Filing assistance; and Adjudicatory
proceedings.
■
12 5
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Automated teller machines, Banks,
Banking, Consumer protection, Credit
unions, Electronic fund transfers,
National banks, Remittances, Reporting
and recordkeeping requirements,
Savings Associations.
Authority and Issuance
12 CFR Part 1002
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PART 1002—EQUAL CREDIT
OPPORTUNITY ACT (REGULATION B)
2. The authority citation for part 1002
continues to read as follows:
■
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C.
1691b.
§ 1002.9
[Amended]
■
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Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590.
4. Creditors Subject to Surface
Transportation Board: Office of Public
Assistance, Governmental Affairs, and
Compliance, Surface Transportation Board,
395 E Street SW, Washington, DC 20423.
5. Creditors Subject to Packers and
Stockyards Act: Nearest Packers and
Stockyards Division Regional Office.
6. Small Business Investment Companies:
Associate Administrator, Office of Capital
Access, United States Small Business
Association, 409 Third Street SW, Suite
8200, Washington, DC 20416.
7. Brokers and Dealers: Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549.
8. Federal Land Banks, Federal Land Bank
Associations, Federal Intermediate Credit
Banks, and Production Credit Associations:
Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102–5090.
9. Retailers, Finance Companies, and All
Other Creditors Not Listed Above: Federal
Trade Commission, Consumer Response
Center, 600 Pennsylvania Avenue NW,
Washington, DC 20580.
Appendix D to Part 1002 [Amended]
■ 5. Appendix D to part 1002 is
amended in paragraph 2 by:
■ a. Removing ‘‘Division of Research,
Markets, and Regulations’’ and adding
‘‘Division of Research, Monitoring, and
Regulations’’ in its place; and
■ b. Removing ‘‘20006’’ and adding
‘‘20552’’ in its place.
PART 1005—ELECTRONIC FUND
TRANSFERS (REGULATION E)
6. The authority citation for part 1005
continues to read as follows:
■
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C.
1693b. Subpart B is also issued under 12
U.S.C. 5601 and 15 U.S.C. 1693o–1.
7. Revise appendix C to read as
follows:
■
Appendix C to Part 1005—Issuance of
Official Interpretations
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Official Interpretations
Interpretations of this part issued by duly
authorized officials of the Bureau provide the
protection afforded under section 916(d) of
the Act. Except in unusual circumstances,
such interpretations will not be issued
separately but will be incorporated in an
official commentary to this part, which will
be amended periodically.
Requests for Issuance of Official
Interpretations
A request for an official interpretation shall
be in writing and addressed to the Bureau of
Consumer Financial Protection, 1700 G Street
NW, Washington, DC 20552. The request
shall contain a complete statement of all
relevant facts concerning the issue, including
copies of all pertinent documents.
Scope of Interpretations
No interpretations will be issued approving
financial institutions’ forms or statements.
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This restriction does not apply to forms or
statements whose use is required or
sanctioned by a government agency.
PART 1006—DEBT COLLECTION
PRACTICES (REGULATION F)
8. The authority citation for part 1006
continues to read as follows:
■
Authority: 12 U.S.C. 5512, 5514(b), 5532;
15 U.S.C. 1692l(d), 1692o, 7004.
Appendix A to Part 1006 [Amended]
■ 9. Appendix A to part 1006 is
amended:
■ a. In the second sentence of section II,
by removing ‘‘Division of Research,
Markets, and Regulations’’ and adding
‘‘Division of Research, Monitoring, and
Regulations’’ in its place; and
■ b. In the first sentence of section
VI(b)(i), by removing ‘‘Division of
Research, Markets, and Regulations’’
and adding ‘‘Division of Research,
Monitoring, and Regulations’’ in its
place.
■ 10. Supplement I is amended by
revising the introduction to read as
follows:
procedures of section 553 of the
Administrative Procedure Act (5 U.S.C.
553) will be incorporated in the
commentary following publication in
the Federal Register.
3. Comment designations. Each
comment in the commentary is
identified by a number and the
regulatory section or paragraph that it
interprets. The comments are designated
with as much specificity as possible
according to the particular regulatory
provision addressed. For example,
comments to § 1006.6(d)(4) are further
divided by subparagraph, such as
comment 6(d)(4)(i)–1 and comment
6(d)(4)(ii)–1. Comments that have more
general application are designated, for
example, as comments 38–1 and 38–2.
This introduction may be cited as
comments I–1, I–2, and I–3.
*
*
*
*
*
PART 1010—LAND REGISTRATION
(REGULATION J)
11. The authority citation for part
1010 continues to read as follows:
■
Supplement I to Part 1006—Official
Interpretations
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C.
1718.
Introduction
1. Official status. This commentary is
the vehicle by which the Bureau of
Consumer Financial Protection
supplements Regulation F, 12 CFR part
1006. The provisions of the commentary
are issued under the same authorities as
the corresponding provisions of
Regulation F and have been adopted in
accordance with the notice-andcomment procedures of the
Administrative Procedure Act (5 U.S.C.
553). Unless specified otherwise,
references in this commentary are to
sections of Regulation F or the Fair Debt
Collection Practices Act, 15 U.S.C. 1692
et seq. No commentary is expected to be
issued other than by means of this
Supplement I.
2. Procedure for requesting
interpretations. Anyone may request
that an official interpretation of the
regulation be added to this commentary.
A request for such an official
interpretation must be in writing and
addressed to the Assistant Director,
Office of Regulations, Division of
Research, Monitoring, and Regulations,
Bureau of Consumer Financial
Protection, 1700 G Street NW,
Washington, DC 20552. The request
must contain a complete statement of all
relevant facts concerning the issue,
including copies of all pertinent
documents. Revisions to this
commentary that are adopted in
accordance with the rulemaking
Appendix A to Part 1010 [Amended]
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12. Appendix A to part 1010 is
amended in section XXVII, in the
address for Bureau of Consumer
Financial Protection, before ‘‘Agent
Certification,’’ by removing ‘‘20006’’
and adding ‘‘20552’’ in its place.
■
PART 1022—FAIR CREDIT
REPORTING (REGULATION V)
13. The authority citation for part
1022 continues to read as follows:
■
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C.
1681a, 1681b, 1681c, 1681c–1, 1681c–3,
1681e, 1681g, 1681i, 1681j, 1681m, 1681s,
1681s–2, 1681s–3, and 1681t; Sec. 214, Pub.
L. 108–159, 117 Stat. 1952.
14. Revise appendix to read as
follows:
■
Appendix K to Part 1022—Summary of
Consumer Rights
The prescribed form for this summary is a
disclosure that is substantially similar to the
Bureau’s model summary with all
information clearly and prominently
displayed. The list of Federal regulators that
is included in the Bureau’s prescribed
summary may be provided separately so long
as this is done in a clear and conspicuous
way. A summary should accurately reflect
changes to those items that may change over
time (e.g., dollar amounts, or telephone
numbers and addresses of Federal agencies)
to remain in compliance. Translations of this
summary will be in compliance with the
Bureau’s prescribed model, provided that the
translation is accurate and that it is provided
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Regulations’’ and adding ‘‘Assistant
Director, Office of Regulations, Division
of Research, Monitoring, and
Regulations’’ in its place.
■ 17. Supplement I is amended by
revising the introduction to read as
follows:
PART 1024—REAL ESTATE
SETTLEMENT PROCEDURES ACT
(REGULATION X)
15. The authority citation for part
1024 continues to read as follows:
■
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Authority: 12 U.S.C. 2603–2605, 2607,
2609, 2617, 5512, 5532, 5581.
§ 1024.2
Supplement I to Part 1024—Official
Bureau Interpretations
[Amended]
16. Section 1024.2 is amended in
paragraph (b) in the last sentence of the
definition of ‘‘Public Guidance
Documents’’ by removing ‘‘Associate
Director, Research, Markets, and
■
VerDate Sep<11>2014
16:19 Mar 17, 2023
Jkt 259001
Introduction
1. Official status. This commentary is
the primary vehicle by which the
Bureau of Consumer Financial
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Protection issues official interpretations
of Regulation X. Good faith compliance
with this commentary affords protection
from liability under section 19(b) of the
Real Estate Settlement Procedures Act
(RESPA), 12 U.S.C. 2617(b).
2. Requests for official interpretations.
A request for an official interpretation
shall be in writing and addressed to the
Assistant Director, Office of Regulations,
Division of Research, Monitoring, and
Regulations, Bureau of Consumer
Financial Protection, 1700 G Street NW,
Washington, DC 20552. A request shall
contain a complete statement of all
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relevant facts concerning the issue,
including copies of all pertinent
documents. Except in unusual
circumstances, such official
interpretations will not be issued
separately but will be incorporated in
the official commentary to this part,
which will be amended periodically. No
official interpretations will be issued
approving financial institutions’ forms
or statements. This restriction does not
apply to forms or statements whose use
is required or sanctioned by a
government agency.
3. Unofficial oral interpretations.
Unofficial oral interpretations may be
provided at the discretion of Bureau
staff. Written requests for such
interpretations should be sent to the
address set forth for official
interpretations. Unofficial oral
interpretations provide no protection
under section 19(b) of RESPA.
Ordinarily, staff will not issue unofficial
oral interpretations on matters
adequately covered by this part or the
official Bureau interpretations.
4. Rules of construction. (a) Lists that
appear in the commentary may be
exhaustive or illustrative; the
appropriate construction should be clear
from the context. In most cases,
illustrative lists are introduced by
phrases such as ‘‘including, but not
limited to,’’ ‘‘among other things,’’ ‘‘for
example,’’ or ‘‘such as.’’
(b) Throughout the commentary,
reference to ‘‘this section’’ or ‘‘this
paragraph’’ means the section or
paragraph in the regulation that is the
subject of the comment.
5. Comment designations. Each
comment in the commentary is
identified by a number and the
regulatory section or paragraph that the
comment interprets. The comments are
designated with as much specificity as
possible according to the particular
regulatory provision addressed. For
example, some of the comments to
§ 1024.37(c)(1) are further divided by
subparagraph, such as comment
37(c)(1)(i)–1. In other cases, comments
have more general application and are
designated, for example, as comment
40(a)–1. This introduction may be cited
as comments I–1 through I–5.
*
*
*
*
*
PART 1026—TRUTH IN LENDING
(REGULATION Z)
18. The authority citation for part
1026 continues to read as follows:
■
Authority: 12 U.S.C. 2601, 2603–2605,
2607, 2609, 2617, 3353, 5511, 5512, 5532,
5581; 15 U.S.C. 1601 et seq.
VerDate Sep<11>2014
16:19 Mar 17, 2023
Jkt 259001
Appendix A to Part 1026 [Amended]
■ 19. Appendix A to part 1026 is
amended in the first sentence of the first
paragraph immediately after the
subheading Request for Determination
by removing ‘‘20006’’ and adding
‘‘20552’’ in its place.
Appendix B to Part 1026 [Amended]
20. Appendix B to part 1026 is
amended in the ‘‘Application’’ section
in the second sentence by removing
‘‘20006’’ and adding ‘‘20552’’ in its
place.
■
Appendix C to Part 1026 [Amended]
21. Appendix C to part 1026 is
amended under ‘‘Requests for Issuance
of Official Interpretations’’ by:
■ a. Removing ‘‘Division of Research,
Markets, and Regulations’’ and adding
‘‘Division of Research, Monitoring, and
Regulations’’ in its place; and
■ b. Removing ‘‘20006’’ and adding
‘‘20552’’ in its place.
■ 22. Supplement I is amended by
revising paragraphs 1 and 2 under
‘‘Appendix J—Annual Percentage Rate
Computations for Closed-End Credit
Transactions’’ to read as follows:
■
Supplement I to Part 1026—Official
Interpretations
*
*
*
*
*
Appendix J—Annual Percentage Rate
Computations for Closed-End Credit
Transactions
1. Use of appendix J. Appendix J sets
forth the actuarial equations and
instructions for calculating the annual
percentage rate in closed-end credit
transactions. While the formulas
contained in this appendix may be
directly applied to calculate the annual
percentage rate for an individual
transaction, they may also be utilized to
program calculators and computers to
perform the calculations.
2. Relation to Bureau tables. The
Bureau’s Annual Percentage Rate Tables
also provide creditors with a calculation
tool that applies the technical
information in appendix J. An annual
percentage rate computed in accordance
with the instructions in the tables is
deemed to comply with the regulation.
Volume I of the tables may be used for
credit transactions involving equal
payment amounts and periods, as well
as for transactions involving any of the
following irregularities: odd first period,
odd first payment and odd last payment.
Volume II of the tables may be used for
transactions that involve any type of
irregularities. These tables may be
obtained from the Bureau, 1700 G Street
NW, Washington, DC 20552, upon
request. The tables are also available on
PO 00000
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16543
the Bureau’s website at: https://
www.consumerfinance.gov//resources/
applicable-requirements/annualpercentage-rate-tables/.
*
*
*
*
*
PART 1030—TRUTH IN SAVINGS
(REGULATION DD)
23. The authority citation for part
1030 continues to read as follows:
■
Authority: 12 U.S.C. 4302–4304, 4308,
5512, 5581.
Appendix C to Part 1030 [Amended]
24. Appendix C to part 1030 is
amended in the second sentence of
paragraph (b) by removing ‘‘20006’’ and
adding ‘‘20552’’ in its place.
■
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
[FR Doc. 2023–05216 Filed 3–17–23; 8:45 am]
BILLING CODE 4810–AM–C
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510, 516, 520, 522, 524,
526, 529, 556, and 558
[Docket No. FDA–2022–N–0002]
New Animal Drugs; Approval of New
Animal Drug Applications; Change of
Sponsor
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendments.
ACTION:
The Food and Drug
Administration (FDA or we) is
amending the animal drug regulations to
reflect application-related actions for
new animal drug applications (NADAs),
abbreviated new animal drug
applications (ANADAs), and
conditionally approved new animal
drug applications (cNADAs) during
October, November, and December
2022. FDA is informing the public of the
availability of summaries of the basis of
approval and of environmental review
documents, where applicable. The
animal drug regulations are also being
amended to improve the accuracy and
readability of the regulations.
DATES: This rule is effective March 20,
2023.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary
Medicine (HFV–6), Food and Drug
Administration, 7500 Standish Pl.,
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Rules and Regulations]
[Pages 16531-16543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05216]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Rules
and Regulations
[[Page 16531]]
BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Chapter X
Agency Contact Information
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Final rule; technical corrections.
-----------------------------------------------------------------------
SUMMARY: The Consumer Financial Protection Bureau (Bureau or CFPB) is
issuing this final rule to make non-substantive corrections and updates
to Bureau and other Federal agency contact information found at certain
locations in Regulations B, E, F, J, V, X, Z, and DD, including Federal
agency contact information that must be provided with Equal Credit
Opportunity Act adverse action notices and the Fair Credit Reporting
Act Summary of Consumer Rights. This final rule also revises the
chapter heading, makes various non-substantive changes to Regulations B
and V, and provides a Bureau website address where the public may
access certain APR tables referenced in Regulation Z.
DATES: The rule is effective April 19, 2023. However, the mandatory
compliance date for the amendments to appendix A to Regulation B,
appendix A to Regulation J, and appendix K to Regulation V is March 20,
2024. See part V for more information.
FOR FURTHER INFORMATION CONTACT: Luke Diamond, Counsel; Ruth Van
Veldhuizen, Senior Counsel, Office of Regulations, at 202-435-7700 or
https://reginquiries.consumerfinance.gov/. If you require this document
in an alternative electronic format, please contact
[email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of Final Rule
The Bureau is making non-substantive corrections and updates to
Federal agency contact information located in several regulations. This
includes correcting the zip code in the Bureau's mailing address found
at certain locations in Regulations B, E, J, Z, and DD; replacing the
name of a former Bureau division specified at certain locations in
Regulations B, E, F, X, and Z with the name of a new, expanded Bureau
division or updating references to officials of the former division to
instead refer more generally to Bureau officials; and updating other
Federal agency contact information in appendix A to Regulation B, which
must be included in Equal Credit Opportunity Act (ECOA) adverse action
notices, and appendix K to Regulation V, which contains the model form
of the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights. The
Bureau is also changing the header of 12 CFR chapter X from ``Bureau of
Consumer Financial Protection'' to ``Consumer Financial Protection
Bureau,'' and making various non-substantive corrections in Regulations
B and V. Finally, the Bureau is updating the comment for appendix J to
Regulation Z in the Official Interpretations of Regulation Z to add a
URL (website address) at which the public may access a new Bureau
website that contains certain APR tables. Previously, the public could
only request the tables from the Bureau at its postal mailing address.
In Regulation B, implementing ECOA, the Bureau is amending appendix
A, which contains Federal agency contact information that creditors
must include in ECOA adverse action notices.\1\ The Bureau is
correcting the contact information in appendix A for the following
agencies: the Bureau; the Office of the Comptroller of the Currency
(OCC); the Federal Deposit Insurance Corporation (FDIC); the National
Credit Union Administration (NCUA); the Department of Transportation
(DOT); the Surface Transportation Board (STB); the United States
Department of Agriculture, Agricultural Marketing Service (USDA-AMS);
the United States Small Business Administration (SBA); the Securities
and Exchange Commission (SEC); and the Federal Trade Commission (FTC).
The Bureau is also correcting its own contact information in appendix
D, which sets forth the process by which entities may request official
Bureau interpretations of Regulation B, and removing an obsolete
sentence located in section 1002.9(b)(1).
---------------------------------------------------------------------------
\1\ In appendix A to Regulation B and appendix K to Regulation
V, the contact information for some agencies includes a specific
office (such as the OCC's Customer Assistance Group and the USDA-
AMS's Packers and Stockyards Division). References to agencies in
this notice mean the specific office of that agency if an office is
designated in the relevant appendix.
---------------------------------------------------------------------------
In Regulation E, implementing the Electronic Fund Transfer Act
(EFTA), the Bureau is correcting and updating its own contact
information in appendix C, which sets forth the process by which
entities may request official Bureau interpretations of Regulation E.
Appendix C to Regulation E currently designates the ``Associate
Director and other officials of the Division of Research, Markets, and
Regulations'' as the officials authorized under the Act to issue
official interpretations. Because the Division of Research, Markets,
and Regulations no longer exists, the Bureau is updating this language
to reflect that fact, and instead indicate more generally that ``duly
authorized officials of the Bureau'' may provide official
interpretations of Regulation E.
In Regulation F, implementing the Fair Debt Collection Practices
Act (FDCPA), the Bureau is correcting its own contact information in
appendix A, which sets forth the process by which States may apply to
the Bureau to exempt a class of debt collection practices from the
requirements of the FDCPA and Regulation F, and in the introduction
section of Supplement I, which sets forth the process by which entities
can request official interpretations of Regulation F.
In Regulation J, implementing the Interstate Land Sales Full
Disclosure Act (ILSA), the Bureau is correcting its own contact
information in appendix A, which contains model forms and clauses that
land developers must provide to prospective land buyers under certain
circumstances.
In Regulation V, implementing the FCRA, the Bureau is amending the
model form in appendix K for the Summary of Consumer Rights. Consumer
reporting agencies must provide a Summary of Consumer Rights when
making a written disclosure of information from a consumer's file or
providing a credit score to a consumer, and the FCRA also requires
certain other persons to provide a Summary of Consumer Rights to
consumers under specified circumstances. The Bureau is correcting the
contact information in the Summary of Consumer Rights model
[[Page 16532]]
form for the following agencies: the OCC, FDIC, NCUA, DOT, STB, USDA-
AMS, and SBA. The Bureau is also amending the Summary of Consumer
Rights model form to update references to obsolete business types and
to make other technical corrections.
In Regulation X, implementing the Real Estate Settlement Procedures
Act (RESPA), the Bureau is correcting its own contact information in
the definition of ``Public Guidance Documents'' in section 1024.2(b),
which contains the procedure by which entities can request copies of
public guidance documents from the Bureau, and in the introduction
section of Supplement I, which sets forth the process by which entities
can request official interpretations of Regulation X.
In Regulation Z, implementing the Truth in Lending Act (TILA), the
Bureau is correcting its own contact information in appendices A, B,
and C. Appendix A sets forth the process by which States may request a
determination from the Bureau regarding whether a State law is
inconsistent with or substantially the same as TILA and Regulation Z.
Appendix B sets forth the process by which States may apply to the
Bureau to exempt a class of transactions from the requirements of TILA
and Regulation Z. Appendix C sets forth the process by which entities
may request official Bureau interpretations of Regulation Z. The Bureau
is also correcting its own contact information in the comment for
appendix J, located in the Official Interpretations in Supplement I.
Appendix J sets forth the actuarial equations and instructions for
calculating the annual percentage rate in closed-end credit
transactions. The Bureau maintains Annual Percentage Rate Tables to
assist in performance of these calculations, and the comment for
appendix J in the Official Interpretations describes a process that
entities may use to request these tables from the Bureau. In addition
to correcting the Bureau's zip code in its postal address provided
there, the Bureau now makes the tables available to the public on its
website and is updating the comment to appendix J in the Official
Interpretations to add a URL at which the public may access the
website.
In Regulation DD, implementing the Truth in Savings Act (TISA), the
Bureau is correcting its own contact information in appendix C, which
sets forth the process by which States may request a determination from
the Bureau regarding whether a State law is inconsistent with TISA and
Regulation DD.
II. Background
As of July 21, 2011, title X of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (Dodd-Frank Act) \2\ transferred rulemaking
authority for several consumer financial protection laws from seven
Federal agencies to the Bureau. In the process of republishing the
regulations implementing those laws, an incorrect zip code (20006) was
mistakenly included as part of postal address contact information for
the Bureau. The error appears in a limited number of locations in
appendices and supplements to Regulations B, E, J, Z, and DD, including
in certain forms: the list of Federal agencies' contact information in
appendix A to Regulation B, which must be included in adverse action
notices under ECOA; and the Sample Receipt, Agent Certification and
Cancellation Page, in appendix A to Regulation J, which must be
delivered to prospective lot purchasers under ILSA. The correct postal
address for the Bureau is: 1700 G Street NW, Washington, DC 20552.
---------------------------------------------------------------------------
\2\ Dodd-Frank Wall Street Reform and Consumer Protection Act,
Public Law 111-203, tit. X, 124 Stat. 1376, 1955 (2010).
---------------------------------------------------------------------------
In addition, the Bureau recently completed an organizational
realignment in which its Division of Research, Markets, and Regulations
and portions of an office from another division were combined to create
a new expanded division called Research, Monitoring, and Regulations.
The Research, Markets, and Regulations' name appears in a limited
number of locations in Regulations B, E, F, X, and Z, and needs to be
updated.
Finally, the Bureau has been in contact with other Federal agencies
referenced in the Bureau's regulations to determine whether their
contact information requires updating. Eight Federal agencies requested
that the Bureau correct their contact information for the ECOA adverse
action notices in appendix A to Regulation B, described above, and six
Federal agencies requested that the Bureau correct their contact
information in the model form of the Summary of Consumer Rights in
appendix K to Regulation V. One Federal agency also requested that the
Bureau update references to obsolete business types in the Summary of
Consumer Rights. Updated contact information and other changes to these
two appendices are described in more detail in the section-by-section
analysis in part IV, below.
III. Legal Authority
Rulemaking Authority
The Bureau is issuing this final rule pursuant to its authority
under ECOA, EFTA, FDCPA, ILSA, FCRA, RESPA, TILA, TISA, and the Dodd-
Frank Act. Section 1022(b)(1) of the Dodd-Frank Act authorizes the
Bureau to prescribe ``rules . . . as may be necessary or appropriate to
. . . carry out the purposes and objectives of the Federal consumer
financial laws, and prevent evasions thereof.'' ECOA, EFTA, FDCPA,
ILSA, FCRA, RESPA, TILA, and TISA are all Federal consumer financial
laws,\3\ and each statute additionally independently authorizes the
Bureau to promulgate regulations.\4\ Accordingly, the Bureau has
authority to issue regulations pursuant to ECOA, EFTA, FDCPA, ILSA,
FCRA, RESPA, TILA, TISA, and the Dodd-Frank Act.
---------------------------------------------------------------------------
\3\ Dodd-Frank Act section 1002(14), 12 U.S.C. 5481(14)
(defining ``Federal consumer financial law'' to include the
``enumerated consumer laws''); Dodd-Frank Act section 1002(12), 12
U.S.C. 5481(12) (defining ``enumerated consumer laws'' to include
ECOA; EFTA, except with respect to section 920 of that Act; FDCPA;
ILSA; FCRA, except with respect to sections 615(e) and 628 of that
Act; RESPA; TILA; and TISA).
\4\ Regulation B, 12 CFR part 1002, implements ECOA, 15 U.S.C.
1691 et seq. pursuant to 15 U.S.C. 1691b. Regulation E, 12 CFR part
1005, implements EFTA, 15 U.S.C. 1693 et seq. pursuant to 15 U.S.C.
1693b. Regulation F, 12 CFR part 1006, implements the FDCPA, 15
U.S.C. 1692 et seq. pursuant to 15 U.S.C. 1692l(d). Regulation J, 12
CFR part 1010, implements ILSA, 15 U.S.C. 1701 et seq. pursuant to
15 U.S.C. 1718. Regulation V, 12 CFR part 1022, implements the FCRA,
15 U.S.C. 1681 et seq. pursuant to 15 U.S.C. 1681s(e). Regulation X,
12 CFR part 1024, implements RESPA, 12 U.S.C. 2601 et seq. pursuant
to 12 U.S.C. 2716(a). Regulation Z, 12 CFR part 1026, implements
TILA, 15 U.S.C. 1601 et seq. pursuant to 15 U.S.C. 1604(a).
Regulation DD, 12 CFR part 1030, implements 12 U.S.C. 4301 et seq.
pursuant to 12 U.S.C. 4308.
---------------------------------------------------------------------------
Procedural Requirements
Under the Administrative Procedure Act, notice and opportunity for
public comment are not required if the Bureau finds for good cause that
notice and public comment are impracticable, unnecessary, or contrary
to the public interest.\5\ The changes made in this rulemaking correct
incorrect mailing addresses for the Bureau and other government
agencies, correct typographical errors, or are similar technical
amendments that do not alter the substance of the regulations. The
Bureau believes there is minimal, if any, basis for substantive
disagreement with these amendments. As to all of these changes, the
Bureau finds that notice and public comment are unnecessary.
---------------------------------------------------------------------------
\5\ 5 U.S.C. 553(b).
---------------------------------------------------------------------------
For these reasons, the Bureau has determined that publishing a
notice of proposed rulemaking and providing
[[Page 16533]]
opportunity for public comment are not required. Therefore, the
amendments are adopted in final form.
IV. Section-by-Section Analysis
A. Regulation B
Section 1002.9 Notifications
9(b)
9(b)(1)
Section 1002.9(b)(1) provides model language that satisfies certain
disclosure requirements of 12 CFR 1002.9(a)(2) relating to adverse
action notices. These notices must include Federal agency contact
information located in appendix A to Regulation B. The final sentence
of Sec. 1002.9(b)(1) permitted creditors to include Federal agency
contact information as it appeared in an old version of appendix A
until January 1, 2013. As that permission has now expired, the sentence
is obsolete, and the Bureau is amending Sec. 1002.9(b)(1) to remove
it.
Appendix A to Part 1002--Federal Agencies To Be Listed in Adverse
Action Notices
Appendix A to part 1002 provides a list of contact information for
Federal agencies that creditors must include in adverse action notices
pursuant to 12 CFR 1002.9(b)(1). To update Federal agencies' contact
information and for the reasons discussed in part II, the Bureau is
revising appendix A to part 1002.
1
The Bureau is amending paragraph 1 to correct postal address
contact information for the Bureau and the FTC. The zip code will be
corrected in contact information for the Bureau and contact information
for the FTC will be changed from ``FTC Regional Office for region in
which the creditor operates or Federal Trade Commission, Equal Credit
Opportunity, Washington, DC 20580'' to ``Federal Trade Commission,
Consumer Response Center, 600 Pennsylvania Avenue NW, Washington, DC
20580.''
2
2(a)
The Bureau is amending paragraph 2(a) to correct postal address
contact information for the OCC. The contact information will be
changed from ``Office of the Comptroller of the Currency, Customer
Assistance Group, 1301 McKinney Street, Suite 3450, Houston, TX 77010-
9050'' to ``Office of the Comptroller of the Currency, Customer
Assistance Group, P.O. Box 53570, Houston, TX 77052.''
2(c)
The Bureau is amending paragraph 2(c) to correct postal address
contact information for the FDIC. The contact information will be
changed from ``FDIC Consumer Response Center, 1100 Walnut Street, Box
#11, Kansas City, MO 64106'' to ``Division of Depositor and Consumer
Protection, National Center for Consumer and Depositor Assistance,
Federal Deposit Insurance Corporation, 1100 Walnut Street, Box #11,
Kansas City, MO 64106.''
2(d)
The Bureau is amending paragraph 2(d) to correct postal address
contact information for the NCUA. The contact information will be
changed from ``National Credit Union Administration, Office of Consumer
Protection, 1775 Duke Street, Alexandria, VA 22314'' to ``National
Credit Union Administration, Office of Consumer Financial Protection,
1775 Duke Street, Alexandria, VA 22314.''
3
The Bureau is amending paragraph 3 to correct postal address
contact information for the DOT. The contact information will be
changed from ``Assistant General Counsel for Aviation Enforcement and
Proceedings, Department of Transportation, 400 Seventh Street SW,
Washington, DC 20590'' to ``Assistant General Counsel for Office of
Aviation Consumer Protection, Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590.''
4
The Bureau is amending paragraph 4 to correct postal address
contact information for the STB. The contact information will be
changed from ``Office of Proceedings, Surface Transportation Board,
Department of Transportation, 1925 K Street NW, Washington, DC 20423''
to ``Office of Public Assistance, Governmental Affairs, and Compliance,
Surface Transportation Board, 395 E Street SW, Washington, DC 20423.''
5
The Bureau is amending paragraph 5 to correct contact information
for the USDA-AMS. The contact information will be changed from
``Nearest Packers and Stockyards Administration area supervisor'' to
``Nearest Packers and Stockyards Division Regional Office.''
6
The Bureau is amending paragraph 6 to correct postal office contact
information for the SBA. The contact information will be changed from
``Associate Deputy Administrator for Capital Access, United States
Small Business Administration, 409 Third Street SW, 8th Floor,
Washington, DC 20416'' to ``Associate Administrator, Office of Capital
Access, United States Small Business Administration, 409 Third Street
SW, Suite 8200, Washington, DC 20416.''
7
The Bureau is amending paragraph 7 to correct postal address
contact information for the SEC. The contact information will be
changed from ``Securities and Exchange Commission, Washington, DC
20549'' to ``Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549.''
9
The Bureau is amending paragraph 9 to correct postal address
contact information for the FTC. The contact information will be
changed from ``FTC Regional Office for region in which the creditor
operates or Federal Trade Commission, Equal Credit Opportunity,
Washington, DC 20580'' to ``Federal Trade Commission, Consumer Response
Center, 600 Pennsylvania Avenue NW, Washington, DC 20580.''
Appendix D to Part 1002--Issuance of Official Interpretations
2
Appendix D to part 1002 sets forth the process by which entities
may request official Bureau interpretations of Regulation B that
provide protections afforded under section 706(e) of ECOA. For reasons
discussed in part II, the Bureau is amending paragraph 2 in appendix D
to part 1002 to correct the zip code in postal address contact
information for the Bureau and to replace the reference to the Division
of Research, Markets, and Regulations with a reference to the new,
expanded Division of Research, Monitoring, and Regulations.
B. Regulation E
Appendix C to Part 1005--Issuance of Official Interpretations
Requests for Issuance of Official Interpretations
Appendix C to part 1005 sets forth the process by which entities
may request official Bureau interpretations of Regulation E that
provide protections afforded under section 916(d) of EFTA. For the
reasons discussed in part II, the Bureau is amending appendix C to part
1005 to correct the zip code in postal address contact information for
the Bureau and to update the language
[[Page 16534]]
referring to officials of the former Research, Markets, and Regulations
Division to instead indicate more generally that duly authorized
officials of the Bureau may provide official interpretations of
Regulation E.
C. Regulation F
Appendix A to Part 1006--Procedures for State Application for Exemption
From the Provisions of the Act
II. Application
Appendix A to part 1006 sets forth the process by which states may
apply to the Bureau to exempt a class of debt collection practices
within the applying State from the requirements of the FDCPA and
Regulation F pursuant to section 817 of the FDCPA. For the reasons
discussed in part II, the Bureau is amending appendix A to replace the
reference to the Division of Research, Markets, and Regulations with a
reference to the new, expanded Division of Research, Monitoring, and
Regulations.
Supplement I to Part 1006--Official Interpretations
Introduction
The introduction of Supplement I to part 1006 explains the purpose
of the supplement and describes the procedure by which anyone may
request an official interpretation of Regulation F. For the reasons
discussed in part II, the Bureau is amending the introduction to
Supplement I to replace the reference to the Division of Research,
Markets, and Regulations with a reference to the new, expanded Division
of Research, Monitoring, and Regulations. The Bureau is also changing
the addressee to contact for official interpretations of Regulation F
from Associate Director, Division of Research, Markets, and Regulations
to Assistant Director, Office of Regulations, Division of Research,
Monitoring, and Regulations, to maintain consistency with other Bureau
regulations that reference the Assistant Director, Office of
Regulations as the addressee for official interpretations.
D. Regulation J
Appendix A to Part 1010--Standard and Model Forms and Clauses
Section XXVII, Receipt, Agent Certification and Cancellation Page--
Sec. 1010.188(a)
Appendix A to part 1010 provides Standard and Model Forms and
Clauses required under Regulation J, which implements ILSA. Section
1404(a)(1)(B) of ILSA prohibits the sale or lease of certain unexempted
lots unless the purchaser is provided with a copy of a property report
that contains certain representations about the lots and other
information required under the Bureau's rules. Section 1010.118 of
Regulation J requires that a receipt, agency certification, and
cancellation page, formatted in accordance with section XXVII of
appendix A, be attached to the property report. Included on this page
is a notice that the buyer should notify the Bureau if the seller makes
any representations contrary to those in the property report. For the
reasons discussed in part II, the Bureau is amending section XXVII of
appendix A to part 1010 to correct the zip code in postal address
contact information for the Bureau.
E. Regulation V
Appendix K to Part 1022--Summary of Consumer Rights
Appendix K to part 1022 provides the model form for the Summary of
Consumer Rights, which explains certain major consumer rights under the
FCRA. A consumer reporting agency must provide a Summary of Consumer
Rights whenever it makes a written disclosure of information from a
consumer's file or provides a credit score to the consumer.\6\ The FCRA
also requires certain other persons to provide a Summary of Consumer
Rights to consumers under specified circumstances.\7\ To update Federal
agencies' contact information and for the reasons discussed in part II,
the Bureau is amending appendix K to part 1022 to correct contact
information provided for the OCC, FDIC, NCUA, DOT, STB, USDA-AMS, and
SBA.
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\6\ 15 U.S.C. 1681g(c)(2)(A) (requirement to provide a Summary
of Consumer Rights with any written file disclosure). A consumer
reporting agency must also provide an employer with a Summary of
Consumer Rights before furnishing a consumer report for employment
purposes. 15 U.S.C. 1681b(b)(1)(B) (requirement to provide a Summary
of Consumer Rights with a report for employment purposes if the
Summary of Consumer Rights has not been provided previously).
\7\ See, e.g., 15 U.S.C. 1681b(b)(3) (generally requiring
persons using a consumer report for employment purposes to provide
the consumer with a Summary of Consumer Rights before taking any
adverse action based on the report). The Bureau must also actively
publicize the availability of the Summary of Consumer Rights,
conspicuously post its availability on the Bureau's internet
website, and promptly make it available to consumers, on request. 15
U.S.C. 1681g(c)(1)(C).
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Contact information for the OCC will be changed from ``Office of
the Comptroller of the Currency, Customer Assistance Group, 1301
McKinney Street, Suite 3450, Houston, TX 77010-9050'' to ``Office of
the Comptroller of the Currency, Customer Assistance Group, P.O. Box
53570, Houston, TX 77052.''
Contact information for the FDIC will be changed from ``FDIC
Consumer Response Center, 1100 Walnut Street, Box #11, Kansas City, MO
64106'' to ``Division of Depositor and Consumer Protection, National
Center for Consumer and Depositor Assistance, Federal Deposit Insurance
Corporation, 1100 Walnut Street, Box #11, Kansas City, MO 64106.''
Contact information for the NCUA will be changed from ``National
Credit Union Administration, Office of Consumer Financial Protection
(OCFP), Division of Consumer Compliance Policy and Outreach, 1775 Duke
Street, Alexandria, VA 22314'' to ``National Credit Union
Administration, Office of Consumer Financial Protection, 1775 Duke
Street, Alexandria, VA 22314.''
Contact information for the DOT will be changed from ``Asst.
General Counsel for Aviation Enforcement & Proceedings, Aviation
Consumer Protection Division, Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590'' to ``Assistant General Counsel
for Office of Aviation Consumer Protection, Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.''
Contact information for the STB will be changed from ``Office of
Proceedings, Surface Transportation Board, Department of
Transportation, 395 E Street SW, Washington, DC 20423'' to ``Office of
Public Assistance, Governmental Affairs, and Compliance, Surface
Transportation Board, 395 E Street SW, Washington, DC 20423.''
Contact information for the USDA-AMS will be changed from ``Nearest
Packers and Stockyards Administration area supervisor'' to ``Nearest
Packers and Stockyards Division Regional Office.''
Contact information for the SBA will be changed from ``Associate
Deputy Administrator for Capital Access, United States Small Business
Administration, 409 Third Street SW, Suite 8200, Washington, DC 20416''
to ``Associate Administrator, Office of Capital Access, United States
Small Business Association, 409 Third Street SW, Suite 8200,
Washington, DC 20416.''
The Bureau is also amending the eighth row on page four of the
model form in appendix K. This entry indicates that the FCA is a point
of contact for information regarding certain Farm Credit System
institutions. The FCA has requested that the Bureau update the language
in appendix K because certain of the listed institutions, such as
Federal land banks, no longer exist. Based on the FCA's request, the
[[Page 16535]]
Bureau is therefore changing the ``TYPE OF BUSINESS'' entry on the
eighth row of page four from ``Federal Land Banks, Federal Land Bank
Associations, Federal Intermediate Credit Banks, and Production Credit
Associations'' to ``Institutions that are members of the Farm Credit
System.'' \8\
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\8\ At this time, the Bureau is not making a similar change to
the language in appendix A to Regulation B because appendix A to
Regulation B tracks specific language in ECOA regarding the Farm
Credit Administration's enforcement authority. See 15 U.S.C.
1691c(a)(6).
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The Bureau is also making technical corrections to the text of the
model form. The Bureau is correcting a misspelling of the word ``from''
on page two. The corrected text reads in relevant part: ``Unsolicited
`prescreened' offers for credit and insurance must include a toll-free
phone number you can call if you choose to remove your name and address
from the lists these offers are based on.'' The Bureau is also
correcting the punctuation of agencies' contact information to maintain
consistent punctuation usage throughout the model form. For example,
``100 F Street, N.E.'' will be changed to ``100 F Street NE.''
F. Regulation X
Section 1024.2 Definitions
2(b)
Public Guidance Documents
Section 1024.2(b) contains definitions for terms used in Regulation
X. Accordingly, the definition of ``Public Guidance Documents'' in
section 1024.2(b) sets forth the definition of that term, as it is used
in Regulation X. In addition, it provides a Bureau mailing address by
which anyone may request copies of public guidance documents from the
Bureau. The Bureau is amending the definition of ``Public Guidance
Documents'' to replace the reference to the Division of Research,
Markets, and Regulations with a reference to the new, expanded Division
of Research, Monitoring, and Regulations. The Bureau is also changing
the addressee to contact for copies of public guidance documents from
Associate Director, Division of Research, Markets, and Regulations to
Assistant Director, Office of Regulations, Division of Research,
Monitoring, and Regulations, to maintain consistency with other Bureau
regulations that reference Assistant Director, Office of Regulations as
the addressee.
Supplement I to Part 1024--Official Interpretations
Introduction
The introduction of Supplement I to part 1024 explains the purpose
of the supplement and describes the procedure by which anyone may
request an official interpretation of Regulation X. For the reasons
discussed in part II, the Bureau is amending the introduction to
Supplement I to replace the reference to the Division of Research,
Markets, and Regulations with a reference to the new, expanded Division
of Research, Monitoring, and Regulations. The Bureau is also changing
the addressee to contact for official interpretations of Regulation X
from Associate Director, Division of Research, Markets, and Regulations
to Assistant Director, Office of Regulations, Division of Research,
Monitoring, and Regulations, to maintain consistency with other Bureau
regulations that reference the Assistant Director, Office of
Regulations as the addressee for official interpretations.
G. Regulation Z
Appendix A to Part 1026--Effect of State Laws
Request for Determination
Appendix A to part 1026 sets forth the process by which states may
request a determination from the Bureau regarding whether a State law
is inconsistent with or substantially the same as TILA and Regulation Z
pursuant to section 111(a) of TILA. For the reasons discussed in part
II, the Bureau is amending appendix A to part 1026 to correct the zip
code in postal address contact information for the Bureau.
Appendix B to Part 1026--State Exemptions
Application
Appendix B to part 1026 sets forth the process by which states may
apply to the Bureau to exempt a class of transactions from the
requirements of TILA and Regulation Z pursuant to sections 123 and
173(b) of TILA. For the reasons discussed in part II, the Bureau is
amending appendix B to part 1026 to correct the zip code in postal
address contact information for the Bureau.
Appendix C to Part 1026--Issuance of Official Interpretations
Requests for Issuance of Official Interpretations
Appendix C to part 1026 sets forth the process by which entities may
request official Bureau interpretations of Regulation Z that provide
protections afforded under section 130(f) of TILA. For the reasons
discussed in part II, the Bureau is amending appendix C to part 1026 to
correct the zip code in postal address contact information for the
Bureau and to replace the reference to the Division of Research,
Markets, and Regulations with a reference to the new, expanded Division
of Research, Monitoring, and Regulations.
Appendix J--Annual Percentage Rate Computations for Closed-End Credit
Transactions
Appendix J to part 1026 sets forth the actuarial equations and
instructions for calculating the annual percentage rate in closed-end
credit transactions. The Official Interpretation of appendix J refers
to tables that creditors may use to perform the calculations. It
explains that entities may request these tables from the Bureau and
provides the Bureau's postal address. For the reasons discussed in part
II, the Bureau is amending comment appendix J-2 in the Official
Interpretation of appendix J, located in Supplement I, to correct the
zip code in postal address contact information for the Bureau. In
addition, the Bureau has recently made the tables available to the
public on the Bureau's website. The Bureau is amending comment appendix
J-2 to provide a URL at which the public may access that website.\9\
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\9\ The URL is: https://www.consumerfinance.gov/compliance/compliance-resources/other-applicable-requirements/annual-percentage-rate-tables/.
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H. Regulation DD
Appendix C to Part 1030--Effect on State Laws
(b) Preemption Determinations
Appendix C to part 1030 sets forth the process by which States may
request a determination from the Bureau regarding whether a State law
is inconsistent with TISA and Regulation DD pursuant to section 273 of
TISA. For the reasons discussed in part II, the Bureau is amending
paragraph (b) in appendix C to part 1030 to correct the zip code in
postal address contact information for the Bureau.
[[Page 16536]]
I. Heading of 12 CFR Chapter X
Finally, the Bureau is updating the heading of the Bureau's chapter
in the Code of Federal Regulations, 12 CFR chapter X, from ``Bureau of
Consumer Financial Protection'' to ``Consumer Financial Protection
Bureau.'' Using the generally recognized version of the Bureau's name
will reduce the risk of public confusion.\10\ This change to a heading
within the Code of Federal Regulations will not impose any costs on the
public.
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\10\ Congress has used both versions of the agency's name in
statutes, and the difference has no legal significance. Compare,
e.g., 12 U.S.C. 5491(a) with 5 U.S.C. 609(d), 12 U.S.C. 1812(a)(1),
(d)(2), 3303(a), 10 U.S.C. 1144 note. The Bureau, the Federal
courts, and the public overwhelmingly use ``Consumer Financial
Protection Bureau.'' Using the less common ``Bureau of Consumer
Financial Protection'' risks confusion when some members of the
public search for the Bureau's regulations.
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V. Effective Date
Consistent with the requirements of the Administrative Procedure
Act, the amendments made by this final rule will take effect 30 days
after publication in the Federal Register. However, to provide affected
entities with adequate time to implement changes to the forms
referenced in appendix A to Regulation B (ECOA adverse action notices),
appendix A to Regulation J (Receipt, Agent Certification and
Cancellation Page), and appendix K to Regulation V (Summary of Consumer
Rights), the Bureau is allowing optional compliance with those changes
until March 20, 2024. The Bureau anticipates this phase-in period will
allow affected companies to make any needed modifications to the
systems used to produce the forms as a part of regular updates made to
those systems. Nevertheless, the Bureau encourages entities to correct
their forms at the earliest feasible date to ensure consumers have
accurate contact information for the relevant Federal agencies.
VI. Dodd-Frank Act Section 1022(b) Analysis
A. Overview
In developing this final rule, the Bureau has considered the rule's
potential benefits, costs, and impacts, and has consulted or offered to
consult with appropriate prudential banking regulators and other
Federal agencies, including regarding the consistency of this rule with
prudential, market, or systemic objectives administered by those
agencies.\11\
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\11\ Specifically, section 1022(b)(2)(A) of the Dodd-Frank Act
requires the Bureau to consider the potential benefits and costs of
a regulation to consumers and covered persons, including the
potential reduction of access by consumers to consumer financial
products or services, the impact on depository institutions and
credit unions with $10 billion or less in total assets as described
in section 1026 of the Dodd-Frank Act, and the impact on consumers
in rural areas. Section 1022(b)(2)(B) of the Dodd-Frank Act directs
the Bureau to consult with appropriate prudential regulators or
other Federal agencies regarding consistency with prudential,
market, or systemic objectives that those agencies administer. The
manner and extent to which these provisions apply to a rulemaking of
this kind that does not establish standards of conduct is unclear.
Nevertheless, to inform this rulemaking more fully, the Bureau
performed the described analyses and has consulted, or offered to
consult, as indicated.
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The purpose of this rule is to make non-substantive corrections and
updates to Bureau and other Federal agency contact information found at
certain locations in Regulations B, E, F, J, V, X, Z, and DD, including
Federal agency contact information that must be provided with Equal
Credit Opportunity Act adverse action notices and the Fair Credit
Reporting Act Summary of Consumer Rights. This final rule also revises
the header of 12 CFR chapter X, makes various non-substantive changes
to Regulations B and V, and provides a Bureau website address where the
public may access certain APR tables referenced in Regulation Z.
1. Description of the Baseline
The Bureau considered the benefits, costs, and impacts of this rule
against a baseline in which the Bureau takes no action. In the
baseline, mail addressed to the Bureau using incorrect contact
information could be delayed because it may require manual handling. In
addition, mail addressed using incorrect contact information specified
in various Bureau regulations to other agencies, such as the OCC, may
be delayed or sent back to the sender, and information concerning
certain APR tables provided by the Bureau in the Official
Interpretations of Regulation Z may take significantly longer to reach
the public by mail than by accessing a website provided in the rule.
2. Benefits to Consumers and Covered Persons
Covered persons and consumers may benefit from the rule by
preventing situations where mail to the Bureau, the OCC, or other
Federal agencies is delayed or returned to the sender because of
incorrect contact information as currently listed in the Bureau's
regulations. The Bureau does not have data available to predict the
number of such potentially misdirected communications that would be
prevented, or the costs involved in handling such communications. As
such, the Bureau cannot quantify the potential magnitude of these
benefits.
In addition, the Bureau expects that the rule would benefit
consumers by potentially preventing delays they may currently
experience in receiving a response to communications they address to
the Bureau, the OCC, or other Federal agencies, to the extent these
delays are attributable to incorrect contact information for these
agencies as currently listed in certain of the Bureau's regulations.
The Bureau does not have data available to predict the magnitude of
such delays consumers may experience, or the number of such
communications.
The Bureau further expects that consumers and covered persons
seeking to access APR information in connection with Regulation Z may
be able to access it more efficiently through the URL provided in this
rule than by requesting it by mail. The Bureau does not have data
available to predict the magnitude of the benefits provided to
consumers and covered persons as a result of making this information
available through a Bureau website.
Accordingly, the Bureau cannot quantify the potential magnitude of
the benefits to consumers and covered persons from the rule.
3. Costs to Covered Persons and Consumers
Covered persons may incur some costs in updating the forms and
materials affected by the rule. The rule makes only technical, non-
substantive changes to the existing text of certain forms and
materials, and as noted in section V, the Bureau is providing covered
persons with a period of one year in which to effectuate any necessary
changes to the forms. The Bureau believes that this phase-in period
will minimize entity costs related to the disposal of existing
materials and allow entities the flexibility to make required changes
as part of regular updates to their forms. The Bureau therefore
believes that costs associated with the form changes required by this
rule will likely be negligible.
The Bureau does not anticipate that the rule will result in costs
to consumers.
B. Potential Impact on Depository Institutions and Credit Unions With
$10 Billion or Less in Total Assets, as Described in Section 1026
The Bureau has no reason to believe that this final rule would have
a unique impact on depository institutions and credit unions with $10
billion or less in total assets.
[[Page 16537]]
C. Potential Impact on Consumers in Rural Areas and on Access by
Consumers to Consumer Financial Products or Services
The Bureau has no reason to believe that the final rule would have
a unique impact on consumers in rural areas. Because the rule makes
only technical, non-substantive changes to the existing text of several
regulations, the Bureau believes that the rule would not materially
affect access by consumers to consumer financial products or services.
VII. Regulatory Flexibility Act Analysis
Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis.\12\
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\12\ 5 U.S.C. 603(a), 604(a).
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VIII. Paperwork Reduction Act
The Bureau has determined that this final rule does not impose any
new or revise any existing recordkeeping, reporting, or disclosure
requirements on covered entities or members of the public that would be
new or revised collections of information requiring approval by the
Office of Management and Budget under the Paperwork Reduction Act.\13\
The OMB Control Numbers associated with the collections of information
contained in these regulations are:
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\13\ 44 U.S.C. 3501 through 3521.
Regulation B--3170-0013
Regulation E--3170-0014
Regulation F--3170-0056
Regulation J--3170-0012
Regulation V--3170-0002
Regulation X--3170-0015
Regulation Z--3170-0015
Regulation DD--3170-0004
IX. Congressional Review Act
Pursuant to the Congressional Review Act,\14\ the Bureau will
submit a report containing this final rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to the rule's
published effective date. The Office of Information and Regulatory
Affairs has designated this rule as not a ``major rule'' as defined by
5 U.S.C. 804(2).
---------------------------------------------------------------------------
\14\ 5 U.S.C. 801 et seq.
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List of Subjects
12 CFR Part 1002
Aged, Banks, Banking, Civil rights, Consumer protection, Credit,
Credit unions, Discrimination, Fair lending, Marital status
discrimination, National banks, National origin discrimination,
Penalties, Race discrimination, Religious discrimination, Reporting and
recordkeeping requirements, Savings associations, Sex discrimination.
12 CFR Part 1005
Automated teller machines, Banks, Banking, Consumer protection,
Credit unions, Electronic fund transfers, National banks, Remittances,
Reporting and recordkeeping requirements, Savings Associations.
12 CFR Part 1006
Administrative practice and procedure, Consumer protection, Credit,
Intergovernmental relations.
12 CFR Part 1010
Land registration; Reporting requirements; Certification of
substantially equivalent state law; Purchasers' revocation rights;
Unlawful sales practices; Advertising disclaimers; Filing assistance;
and Adjudicatory proceedings.
12 CFR Part 1022
Banks, Banking, Consumer protection, Credit unions, Fair Credit
Reporting Act, Holding companies, National banks, Privacy, Reporting
and recordkeeping requirements, Savings associations, State member
banks.
12 CFR Part 1024
Condominiums, Consumer protection, Housing, Insurance, Mortgages,
Mortgagees, Mortgage servicing, Reporting and recordkeeping
requirements.
12 CFR Part 1026
Advertising, Appraisal, Appraiser, Banking, Banks, Consumer
protection, Credit, Credit unions, Mortgages, National banks, Reporting
and recordkeeping requirements, Savings associations, Truth in lending.
12 CFR Part 1030
Advertising, Banking, Banks, Consumer protection, National banks,
Reporting and recordkeeping requirements, Savings associations, Truth
in savings.
Authority and Issuance
For the reasons set forth above, the Bureau amends 12 CFR chapter
X, as set forth below:
Chapter X--Consumer Financial Protection Bureau
0
1. Under the authority of 12 U.S.C. 5512(b)(1), revise the heading for
chapter X to read as set forth above.
PART 1002--EQUAL CREDIT OPPORTUNITY ACT (REGULATION B)
0
2. The authority citation for part 1002 continues to read as follows:
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1691b.
Sec. 1002.9 [Amended]
0
3. Section 1002.9 is amended by removing the last sentence of paragraph
(b)(1).
0
4. Revise appendix A to read as follows:
Appendix A to Part 1002--Federal Agencies To Be Listed in Adverse
Action Notices
The following list indicates the Federal agency or agencies that
should be listed in notices provided by creditors pursuant to Sec.
1002.9(b)(1). Any questions concerning a particular creditor may be
directed to such agencies. This list is not intended to describe
agencies' enforcement authority for ECOA and Regulation B. Terms
that are not defined in the Federal Deposit Insurance Act (12 U.S.C.
1813(s)) shall have the meaning given to them in the International
Banking Act of 1978 (12 U.S.C. 3101).
1. Banks, savings associations, and credit unions with total
assets of over $10 billion and their affiliates: Bureau of Consumer
Financial Protection, 1700 G Street NW, Washington, DC 20552. Such
affiliates that are not banks, savings associations, or credit
unions also should list, in addition to the Bureau: Federal Trade
Commission, Consumer Response Center, 600 Pennsylvania Avenue NW,
Washington, DC 20580.
2. To the extent not included in item 1 above:
a. National Banks, Federal savings associations, and Federal
branches and Federal agencies of foreign banks: Office of the
Comptroller of the Currency, Customer Assistance Group, P.O. Box
53570, Houston, TX 77052.
b. State member banks, branches and agencies of foreign banks
(other than Federal branches, Federal agencies, and insured State
branches of foreign banks), commercial lending companies owned or
controlled by foreign banks, and organizations operating under
section 25 or 25A of the Federal Reserve Act: Federal Reserve
Consumer Help Center, P.O. Box 1200, Minneapolis, MN 55480.
c. Nonmember Insured Banks, Insured State Branches of Foreign
Banks, and Insured State Savings Associations: Division of Depositor
and Consumer Protection, National Center for Consumer and Depositor
Assistance, Federal Deposit Insurance Corporation, 1100 Walnut
Street, Box #11, Kansas City, MO 64106.
d. Federal Credit Unions: National Credit Union Administration,
Office of Consumer Financial Protection (OCFP), Division of Consumer
Compliance Policy and Outreach, 1775 Duke Street, Alexandria, VA
22314.
3. Air Carriers: Assistant General Counsel for Office of
Aviation Consumer Protection,
[[Page 16538]]
Department of Transportation, 1200 New Jersey Avenue SE, Washington,
DC 20590.
4. Creditors Subject to Surface Transportation Board: Office of
Public Assistance, Governmental Affairs, and Compliance, Surface
Transportation Board, 395 E Street SW, Washington, DC 20423.
5. Creditors Subject to Packers and Stockyards Act: Nearest
Packers and Stockyards Division Regional Office.
6. Small Business Investment Companies: Associate Administrator,
Office of Capital Access, United States Small Business Association,
409 Third Street SW, Suite 8200, Washington, DC 20416.
7. Brokers and Dealers: Securities and Exchange Commission, 100
F Street NE, Washington, DC 20549.
8. Federal Land Banks, Federal Land Bank Associations, Federal
Intermediate Credit Banks, and Production Credit Associations: Farm
Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-
5090.
9. Retailers, Finance Companies, and All Other Creditors Not
Listed Above: Federal Trade Commission, Consumer Response Center,
600 Pennsylvania Avenue NW, Washington, DC 20580.
Appendix D to Part 1002 [Amended]
0
5. Appendix D to part 1002 is amended in paragraph 2 by:
0
a. Removing ``Division of Research, Markets, and Regulations'' and
adding ``Division of Research, Monitoring, and Regulations'' in its
place; and
0
b. Removing ``20006'' and adding ``20552'' in its place.
PART 1005--ELECTRONIC FUND TRANSFERS (REGULATION E)
0
6. The authority citation for part 1005 continues to read as follows:
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1693b. Subpart B is
also issued under 12 U.S.C. 5601 and 15 U.S.C. 1693o-1.
0
7. Revise appendix C to read as follows:
Appendix C to Part 1005--Issuance of Official Interpretations
Official Interpretations
Interpretations of this part issued by duly authorized officials
of the Bureau provide the protection afforded under section 916(d)
of the Act. Except in unusual circumstances, such interpretations
will not be issued separately but will be incorporated in an
official commentary to this part, which will be amended
periodically.
Requests for Issuance of Official Interpretations
A request for an official interpretation shall be in writing and
addressed to the Bureau of Consumer Financial Protection, 1700 G
Street NW, Washington, DC 20552. The request shall contain a
complete statement of all relevant facts concerning the issue,
including copies of all pertinent documents.
Scope of Interpretations
No interpretations will be issued approving financial
institutions' forms or statements. This restriction does not apply
to forms or statements whose use is required or sanctioned by a
government agency.
PART 1006--DEBT COLLECTION PRACTICES (REGULATION F)
0
8. The authority citation for part 1006 continues to read as follows:
Authority: 12 U.S.C. 5512, 5514(b), 5532; 15 U.S.C. 1692l(d),
1692o, 7004.
Appendix A to Part 1006 [Amended]
0
9. Appendix A to part 1006 is amended:
0
a. In the second sentence of section II, by removing ``Division of
Research, Markets, and Regulations'' and adding ``Division of Research,
Monitoring, and Regulations'' in its place; and
0
b. In the first sentence of section VI(b)(i), by removing ``Division of
Research, Markets, and Regulations'' and adding ``Division of Research,
Monitoring, and Regulations'' in its place.
0
10. Supplement I is amended by revising the introduction to read as
follows:
Supplement I to Part 1006--Official Interpretations
Introduction
1. Official status. This commentary is the vehicle by which the
Bureau of Consumer Financial Protection supplements Regulation F, 12
CFR part 1006. The provisions of the commentary are issued under the
same authorities as the corresponding provisions of Regulation F and
have been adopted in accordance with the notice-and-comment procedures
of the Administrative Procedure Act (5 U.S.C. 553). Unless specified
otherwise, references in this commentary are to sections of Regulation
F or the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. No
commentary is expected to be issued other than by means of this
Supplement I.
2. Procedure for requesting interpretations. Anyone may request
that an official interpretation of the regulation be added to this
commentary. A request for such an official interpretation must be in
writing and addressed to the Assistant Director, Office of Regulations,
Division of Research, Monitoring, and Regulations, Bureau of Consumer
Financial Protection, 1700 G Street NW, Washington, DC 20552. The
request must contain a complete statement of all relevant facts
concerning the issue, including copies of all pertinent documents.
Revisions to this commentary that are adopted in accordance with the
rulemaking procedures of section 553 of the Administrative Procedure
Act (5 U.S.C. 553) will be incorporated in the commentary following
publication in the Federal Register.
3. Comment designations. Each comment in the commentary is
identified by a number and the regulatory section or paragraph that it
interprets. The comments are designated with as much specificity as
possible according to the particular regulatory provision addressed.
For example, comments to Sec. 1006.6(d)(4) are further divided by
subparagraph, such as comment 6(d)(4)(i)-1 and comment 6(d)(4)(ii)-1.
Comments that have more general application are designated, for
example, as comments 38-1 and 38-2. This introduction may be cited as
comments I-1, I-2, and I-3.
* * * * *
PART 1010--LAND REGISTRATION (REGULATION J)
0
11. The authority citation for part 1010 continues to read as follows:
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1718.
Appendix A to Part 1010 [Amended]
0
12. Appendix A to part 1010 is amended in section XXVII, in the address
for Bureau of Consumer Financial Protection, before ``Agent
Certification,'' by removing ``20006'' and adding ``20552'' in its
place.
PART 1022--FAIR CREDIT REPORTING (REGULATION V)
0
13. The authority citation for part 1022 continues to read as follows:
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1681a, 1681b, 1681c,
1681c-1, 1681c-3, 1681e, 1681g, 1681i, 1681j, 1681m, 1681s, 1681s-2,
1681s-3, and 1681t; Sec. 214, Pub. L. 108-159, 117 Stat. 1952.
0
14. Revise appendix to read as follows:
Appendix K to Part 1022--Summary of Consumer Rights
The prescribed form for this summary is a disclosure that is
substantially similar to the Bureau's model summary with all
information clearly and prominently displayed. The list of Federal
regulators that is included in the Bureau's prescribed summary may
be provided separately so long as this is done in a clear and
conspicuous way. A summary should accurately reflect changes to
those items that may change over time (e.g., dollar amounts, or
telephone numbers and addresses of Federal agencies) to remain in
compliance. Translations of this summary will be in compliance with
the Bureau's prescribed model, provided that the translation is
accurate and that it is provided
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in a language used by the recipient consumer.
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PART 1024--REAL ESTATE SETTLEMENT PROCEDURES ACT (REGULATION X)
0
15. The authority citation for part 1024 continues to read as follows:
Authority: 12 U.S.C. 2603-2605, 2607, 2609, 2617, 5512, 5532,
5581.
Sec. 1024.2 [Amended]
0
16. Section 1024.2 is amended in paragraph (b) in the last sentence of
the definition of ``Public Guidance Documents'' by removing ``Associate
Director, Research, Markets, and Regulations'' and adding ``Assistant
Director, Office of Regulations, Division of Research, Monitoring, and
Regulations'' in its place.
0
17. Supplement I is amended by revising the introduction to read as
follows:
Supplement I to Part 1024--Official Bureau Interpretations
Introduction
1. Official status. This commentary is the primary vehicle by which
the Bureau of Consumer Financial Protection issues official
interpretations of Regulation X. Good faith compliance with this
commentary affords protection from liability under section 19(b) of the
Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. 2617(b).
2. Requests for official interpretations. A request for an official
interpretation shall be in writing and addressed to the Assistant
Director, Office of Regulations, Division of Research, Monitoring, and
Regulations, Bureau of Consumer Financial Protection, 1700 G Street NW,
Washington, DC 20552. A request shall contain a complete statement of
all
[[Page 16543]]
relevant facts concerning the issue, including copies of all pertinent
documents. Except in unusual circumstances, such official
interpretations will not be issued separately but will be incorporated
in the official commentary to this part, which will be amended
periodically. No official interpretations will be issued approving
financial institutions' forms or statements. This restriction does not
apply to forms or statements whose use is required or sanctioned by a
government agency.
3. Unofficial oral interpretations. Unofficial oral interpretations
may be provided at the discretion of Bureau staff. Written requests for
such interpretations should be sent to the address set forth for
official interpretations. Unofficial oral interpretations provide no
protection under section 19(b) of RESPA. Ordinarily, staff will not
issue unofficial oral interpretations on matters adequately covered by
this part or the official Bureau interpretations.
4. Rules of construction. (a) Lists that appear in the commentary
may be exhaustive or illustrative; the appropriate construction should
be clear from the context. In most cases, illustrative lists are
introduced by phrases such as ``including, but not limited to,''
``among other things,'' ``for example,'' or ``such as.''
(b) Throughout the commentary, reference to ``this section'' or
``this paragraph'' means the section or paragraph in the regulation
that is the subject of the comment.
5. Comment designations. Each comment in the commentary is
identified by a number and the regulatory section or paragraph that the
comment interprets. The comments are designated with as much
specificity as possible according to the particular regulatory
provision addressed. For example, some of the comments to Sec.
1024.37(c)(1) are further divided by subparagraph, such as comment
37(c)(1)(i)-1. In other cases, comments have more general application
and are designated, for example, as comment 40(a)-1. This introduction
may be cited as comments I-1 through I-5.
* * * * *
PART 1026--TRUTH IN LENDING (REGULATION Z)
0
18. The authority citation for part 1026 continues to read as follows:
Authority: 12 U.S.C. 2601, 2603-2605, 2607, 2609, 2617, 3353,
5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq.
Appendix A to Part 1026 [Amended]
0
19. Appendix A to part 1026 is amended in the first sentence of the
first paragraph immediately after the subheading Request for
Determination by removing ``20006'' and adding ``20552'' in its place.
Appendix B to Part 1026 [Amended]
0
20. Appendix B to part 1026 is amended in the ``Application'' section
in the second sentence by removing ``20006'' and adding ``20552'' in
its place.
Appendix C to Part 1026 [Amended]
0
21. Appendix C to part 1026 is amended under ``Requests for Issuance of
Official Interpretations'' by:
0
a. Removing ``Division of Research, Markets, and Regulations'' and
adding ``Division of Research, Monitoring, and Regulations'' in its
place; and
0
b. Removing ``20006'' and adding ``20552'' in its place.
0
22. Supplement I is amended by revising paragraphs 1 and 2 under
``Appendix J--Annual Percentage Rate Computations for Closed-End Credit
Transactions'' to read as follows:
Supplement I to Part 1026--Official Interpretations
* * * * *
Appendix J--Annual Percentage Rate Computations for Closed-End Credit
Transactions
1. Use of appendix J. Appendix J sets forth the actuarial equations
and instructions for calculating the annual percentage rate in closed-
end credit transactions. While the formulas contained in this appendix
may be directly applied to calculate the annual percentage rate for an
individual transaction, they may also be utilized to program
calculators and computers to perform the calculations.
2. Relation to Bureau tables. The Bureau's Annual Percentage Rate
Tables also provide creditors with a calculation tool that applies the
technical information in appendix J. An annual percentage rate computed
in accordance with the instructions in the tables is deemed to comply
with the regulation. Volume I of the tables may be used for credit
transactions involving equal payment amounts and periods, as well as
for transactions involving any of the following irregularities: odd
first period, odd first payment and odd last payment. Volume II of the
tables may be used for transactions that involve any type of
irregularities. These tables may be obtained from the Bureau, 1700 G
Street NW, Washington, DC 20552, upon request. The tables are also
available on the Bureau's website at: https://www.consumerfinance.gov//resources/applicable-requirements/annual-percentage-rate-tables/.
* * * * *
PART 1030--TRUTH IN SAVINGS (REGULATION DD)
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23. The authority citation for part 1030 continues to read as follows:
Authority: 12 U.S.C. 4302-4304, 4308, 5512, 5581.
Appendix C to Part 1030 [Amended]
0
24. Appendix C to part 1030 is amended in the second sentence of
paragraph (b) by removing ``20006'' and adding ``20552'' in its place.
Rohit Chopra,
Director, Consumer Financial Protection Bureau.
[FR Doc. 2023-05216 Filed 3-17-23; 8:45 am]
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