Regulatory Guide: Maintenance, Testing, and Replacement of Vented Lead-Acid Storage Batteries for Production and Utilization Facilities, 19214 [C1-2023-06285]
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19214
Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
addition, permitting access and amendment
to such information could disclose securitysensitive information that could be
detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of federal law, the accuracy of
information obtained or introduced
occasionally may be unclear, or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of the
investigation, thereby interfering with that
investigation and related law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information could impede law enforcement
by compromising the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (Agency Requirements) and (f)
(Agency Rules), because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
noted above, and therefore DHS is not
required to establish requirements, rules, or
procedures with respect to such access.
Providing notice to individuals with respect
to existence of records pertaining to them in
the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
(g) From subsection (e)(5) (Collection of
Information) because with the collection of
information for law enforcement purposes, it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
ddrumheller on DSK120RN23PROD with RULES1
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Mason C. Clutter,
Acting Chief Privacy Officer, U.S. Department
of Homeland Security.
[FR Doc. 2023–06714 Filed 3–30–23; 8:45 am]
BILLING CODE 9111–14–P
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NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2022–0159]
Regulatory Guide: Maintenance,
Testing, and Replacement of Vented
Lead-Acid Storage Batteries for
Production and Utilization Facilities
Correction
In rule document 2023–06285,
appearing on pages 18005 through
18006, in the issue of Monday, March
27, 2023, the subject line is corrected to
read as set forth above.
[FR Doc. C1–2023–06285 Filed 3–30–23; 8:45 am]
BILLING CODE 0099–10–D
CONSUMER FINANCIAL PROTECTION
BUREAU
12 CFR Part 1026
[Docket No. CFPB–2022–0070]
Truth in Lending; Determination of
Effect on State Laws (California, New
York, Utah, and Virginia)
Consumer Financial Protection
Bureau.
ACTION: Preemption determination.
AGENCY:
After considering public
comments, the Consumer Financial
Protection Bureau (CFPB) has
determined that commercial financing
disclosure laws in California, New York,
Utah, and Virginia are not preempted by
the Truth in Lending Act.
DATES: This determination is issued on
March 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Shelton or Anand Das,
Senior Counsels, Legal Division, or Joel
Singerman, Senior Counsel, Office of
Regulations, at 202–435–7700. If you
require this document in an alternative
electronic format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
authorized to determine whether there
is an inconsistency.1
In recent years, New York, California,
Utah, and Virginia have enacted laws
that require disclosures for commercial
financing transactions to businesses,
which do not receive TILA disclosures
in those transactions. The CFPB
received a request from a trade
association (the requesting party) that it
determine that TILA preempts New
York’s commercial financing disclosure
law. In response, the CFPB published
for public comment a notification of
intent to make a preemption
determination. In the notification of
intent, the CFPB considered the
requesting party’s initial arguments and
preliminarily found that New York’s
law was not preempted. On the CFPB’s
own motion, the CFPB also provided
notice that it may make parallel findings
regarding the California, Utah, and
Virginia laws.
The CFPB received fifteen comments
on the notification of intent. The
Attorney General of California, two
trade associations, a lender to small
businesses, a group of consumer
advocacy organizations, and a group of
lenders, investors, and small business
advocates all supported the CFPB’s
notification of intent. On the other
hand, the requesting party, several other
trade associations, and a different lender
to small businesses argued that some or
all of the four States’ laws are
preempted.2
After analyzing the comments, the
CFPB has concluded that the State
commercial financing disclosure laws of
California, New York, Utah, and
Virginia are not preempted by TILA.
Congress adopted a narrow standard for
TILA preemption that displaces State
law only in the case of ‘‘inconsistency.’’
This means that States have broad
authority to establish their own
protections for their residents, both
within and outside the scope of TILA.
As relevant here, commercial financing
transactions to businesses—and any
disclosures associated with such
transactions—are beyond the scope of
TILA’s statutory purposes, which
concern consumer credit.
I. Overview of This Proceeding
The Truth in Lending Act (TILA)
ensures that key information about
consumer credit transactions is
disclosed to consumers. TILA preempts
State disclosure laws only if they are
‘‘inconsistent’’ with it. The CFPB is
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
1 TILA
section 111(a), 15 U.S.C. 1610(a).
notification of intent is available at 87 FR
76551 (Dec. 15, 2022). The original request is
available at https://www.regulations.gov/document/
CFPB-2022-0070-0002. The comments on the
notification of intent are available at https://
www.regulations.gov/document/CFPB-2022-00700004/comment.
2 The
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Agencies
[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Page 19214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2023-06285]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2022-0159]
Regulatory Guide: Maintenance, Testing, and Replacement of Vented
Lead-Acid Storage Batteries for Production and Utilization Facilities
Correction
In rule document 2023-06285, appearing on pages 18005 through
18006, in the issue of Monday, March 27, 2023, the subject line is
corrected to read as set forth above.
[FR Doc. C1-2023-06285 Filed 3-30-23; 8:45 am]
BILLING CODE 0099-10-D