[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Rules and Regulations]
[Pages 25323-25326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09431]
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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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Rules
and Regulations
[[Page 25323]]
BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Parts 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1022, 1024, 1026, and 1030
RIN 3170-AA06
Finalization of Interim Final Rules (Subject to Any Intervening
Amendments) Under Consumer Financial Protection Laws
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Final rule; official interpretations.
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SUMMARY: Title X of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act) transferred rulemaking authority for a
number of consumer financial protection laws from seven Federal
agencies to the Bureau of Consumer Financial Protection (Bureau) as of
July 21, 2011. In December 2011, the Bureau republished the existing
regulations implementing those laws, as previously adopted by the seven
predecessor agencies, as interim final rules (December 2011 IFRs) with
technical and conforming changes to reflect the transfer of authority
and certain other changes made by the Dodd-Frank Act. The December 2011
IFRs did not impose any new substantive obligations on persons subject
to the existing regulations. This final rule adopts the December 2011
IFRs as final, subject to any intervening final rules published by the
Bureau.
DATES: This final rule is effective April 28, 2016.
FOR FURTHER INFORMATION CONTACT: Kristen Phinnessee, Counsel, Office of
Regulations, Consumer Financial Protection Bureau, 1700 G Street NW.,
Washington, DC 20552, at (202) 435-7700.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of the Final Rule
In response to an unprecedented cycle of expansion and contraction
in the mortgage market that sparked the most severe U.S. recession
since the Great Depression, Congress passed the Dodd-Frank Act, which
was signed into law on July 21, 2010. In the Dodd-Frank Act, Congress
established the Bureau and generally consolidated the rulemaking
authority for Federal consumer financial laws in the Bureau.\1\ Title X
of the Dodd-Frank Act transferred rulemaking authority for a number of
consumer financial protection laws from seven Federal agencies to the
Bureau as of July 21, 2011. These included the Consumer Leasing Act
(CLA), the Electronic Fund Transfer Act (except with respect to section
920) (EFTA), the Equal Credit Opportunity Act (ECOA), the Fair Credit
Reporting Act (except with respect to sections 615(e) and 628) (FCRA),
the Fair Debt Collection Practices Act (FDCPA), Subsections (b) through
(f) of section 43 of the Federal Deposit Insurance Act (FDIA), sections
502 through 509 of the Gramm-Leach-Bliley Act (except for section 505
as it applies to section 501(b)) (GLBA), the Home Mortgage Disclosure
Act (HMDA), the Real Estate Settlement Procedures Act of 1974 (RESPA),
the S.A.F.E. Mortgage Licensing Act of 2008 (SAFE), the Truth in
Lending Act (TILA), the Truth in Savings Act (TISA), section 626 of the
Omnibus Appropriations Act, 2009 (MAP and MARS), and the Interstate
Land Sales Full Disclosure Act (ILSA) (together, the 14 Acts).
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\1\ See, e.g., sections 1011 and 1021 of the Dodd-Frank Act, 12
U.S.C. 5491 and 5511 (establishing and setting forth the purpose,
objectives, and functions of the Bureau); section 1061 of the Dodd-
Frank Act, 12 U.S.C. 5581 (consolidating certain rulemaking
authority for Federal consumer financial laws in the Bureau).
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From December 16-27, 2011, the Bureau republished in the Federal
Register the regulations implementing the 14 Acts as new parts of title
12 of the Code of Federal Regulations, through interim final rules,
with only certain technical and conforming changes to reflect the
transfer of authority and certain other changes made by the Dodd-Frank
Act (the December 2011 IFRs). The December 2011 IFRs did not impose any
new substantive obligations on persons subject to the existing
regulations. The final rule adopts the December 2011 IFRs with no
changes, subject to any intervening final rules published by the
Bureau.
II. Summary of the Rulemaking Process
On December 16, 19-22, and 27, 2011, the Bureau published in the
Federal Register its interim final rules adopting certain regulations
implementing a number of consumer financial protection laws transferred
to the Bureau by title X of the Dodd-Frank Act.\2\ The comment periods
closed on various dates from February 14-27, 2012. In response to the
December 2011 IFRs, the Bureau received over 100 comments from consumer
groups, creditors, industry trade associations, and others. As
discussed in more detail below, the Bureau has considered these
comments in adopting this final rule.
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\2\ 76 FR 78121 (Dec. 16, 2011), 76 FR 78126 (Dec. 16, 2011), 76
FR 78130 (Dec. 16, 2011), 76 FR 78465 (Dec. 19, 2011), 76 FR 78483
(Dec. 19, 2011), 76 FR 78500 (Dec. 19, 2011), 76 FR 78978 (Dec. 20,
2011), 76 FR 79025 (Dec. 21, 2011), 76 FR 79276 (Dec. 21, 2011), 76
FR 79308 (Dec. 21, 2011), 76 FR 79442 (Dec. 21, 2011), 76 FR 79486
(Dec. 21, 2011), 76 FR 79768 (Dec. 22, 2011), and 76 FR 81020 (Dec.
27, 2011).
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III. Legal Authority
The Bureau is issuing this final rule pursuant to its authority
under the 14 Acts and the Dodd-Frank Act. Effective July 21, 2011,
section 1061 of the Dodd-Frank Act transferred to the Bureau the
``consumer financial protection functions'' previously vested in
certain other Federal agencies. The term ``consumer financial
protection functions'' is defined to include ``all authority to
prescribe rules or issue orders or guidelines pursuant to any Federal
consumer financial law, including performing appropriate functions to
promulgate and review such rules, orders, and guidelines.'' \3\ The 14
Acts are all Federal consumer financial laws.\4\ Accordingly, effective
July 21, 2011, except with respect to persons excluded from the
Bureau's
[[Page 25324]]
rulemaking authority by section 1029 of the Dodd-Frank Act, the
authority to issue regulations pursuant to the 14 Acts transferred to
the Bureau.\5\
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\3\ Public Law 111-203, section 1061(a)(1). Effective on the
designated transfer date, July 21, 2011, the Bureau was also granted
``all powers and duties'' vested in each of the Federal agencies,
relating to the consumer financial protection functions, on the day
before the designated transfer date.
\4\ Public Law 111-203, section 1002(14) (defining ``Federal
consumer financial law'' to include the ``enumerated consumer
laws''); id. section 1002(12) (defining ``enumerated consumer laws''
to include the 14 Acts).
\5\ See also 15 U.S.C. 1691b; 12 U.S.C. 2804; 15 U.S.C. 1693b;
15 U.S.C. 1692l; 12 U.S.C. 5106-5108; 12 U.S.C. 1831t(c), 1831t(d);
15 U.S.C. 1718; 15 U.S.C. 1667f; Public Law 111-8, section 626, 123
Stat. 524, as amended by Public Law 111-24, section 511, 123 Stat.
1734; 15 U.S.C. 6804(a)(1)(A); 15 U.S.C. 1681s(e); 12 U.S.C. 2603-
2605, 2607, 2609, 2617; 12 U.S.C. 2601, 2603-2605, 2607, 2609, 2617,
3353, 5511, 5512, 5532, 5581; 15 U.S.C. 1604(a); 12 U.S.C. 4308.
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IV. Summary of Comments to the December 2011 Interim Final Rules
As noted above, the Bureau received over 100 comments in response
to the issuance of the December 2011 IFRs. The comments generally fall
into four broad categories. First, a number of comments discussed
possible typographical, grammatical, or similar errors in the
underlying regulations as they were originally adopted by the
predecessor agencies and then restated by the Bureau. Second, a number
of comments discussed the fact that, with the change in codification,
existing internet links across a range of Web pages to the original
citations in the electronic Code of Federal Regulations would become
obsolete. Third, a number of comments asked the Bureau to confirm that
it is bound by existing informal advisory opinions issued by
predecessor agencies. Fourth, a number of comments urged that the
Bureau make various substantive changes to the regulations adopted by
the December 2011 IFRs.
The Bureau has considered all of the comments received and has
decided to adopt the December 2011 IFRs as final without change,
subject to any intervening final rules published by the Bureau. The
purpose of this notice is strictly to finalize the December 2011 IFRs;
as any potential typographical errors do not change the meaning of the
regulations, possible typographical, grammatical, or similar errors in
the original regulations may be addressed in subsequent rulemakings.
Similarly, substantive changes to the regulations adopted by the
December 2011 IFRs have been, and may further be, addressed in
subsequent rulemakings. Further, although it is regrettable that
existing internet links may have become obsolete because of the changes
in codification, the Bureau believes that such issues most likely have
been overcome over the approximately four years since the Bureau
adopted the December 2011 IFRs by changes made to the old links. In any
event, the Bureau was charged by Congress with conducting certain
rulemakings, and it was necessary for the Bureau to put in place its
own regulations in order to do so.
Lastly, with regard to the treatment of informal advisory opinions
issued by predecessor agencies, the Bureau had addressed the issue
prior to the December 2011 IFRs. Section 1063(i) of the Dodd-Frank Act
required the Bureau to identify the rules and orders that would be
transferred to the Bureau from each transferor agency. On July 21,
2011, the Bureau published in the Federal Register the identification
of enforceable rules and orders.\6\ In this notice, the Bureau
published a list of rules that will be enforceable by the Bureau and
also noted that it ``will give due consideration to the application of
other written guidance, interpretations, and policy statements issued
prior to July 21, 2011, by a transferor agency in light of all relevant
factors . . .''.\7\
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\6\ 76 FR 43569 (July 21, 2011).
\7\ Id., at 43570.
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V. Dodd Frank Act Section 1022(b) Analysis
In developing the final rule, the Bureau has considered potential
benefits, costs, and impacts.\8\ In addition, the Bureau has consulted,
or offered to consult with, the prudential regulators, the Securities
and Exchange Commission, the Department of Housing and Urban
Development, the Federal Housing Finance Agency, the Federal Trade
Commission, and the Department of the Treasury, including regarding
consistency with any prudential, market, or systemic objectives
administered by such agencies.
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\8\ Section 1022(b)(2)(A) of the Dodd-Frank Act requires the
Bureau to consider the potential benefits and costs of 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) requires that the Bureau ``consult with the
appropriate prudential regulators or other Federal agencies prior to
proposing a rule and during the comment process regarding
consistency with prudential, market, or systemic objectives
administered by such agencies.''
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This rule adopts the December 2011 IFRs with no changes, subject to
any intervening final rules published by the Bureau. The rule will not
impose any new substantive obligations on consumers or covered persons
and is not expected to have any impact on consumers' access to consumer
financial products and services. As a general matter, the final rule
does not impose additional reporting, disclosure, or other requirements
beyond those previously in existence.
The Bureau has chosen to evaluate the benefits, costs and impacts
of the final rule against the current state of the world, which takes
into account the current regulatory regime. The Bureau is not aware of
any significant benefits or costs to consumers or covered persons
associated with the final rule relative to the baseline. Because the
final rule adopts no changes to any of the subject regulations, which
are already in place as a consequence of the December 2011 IFRs, there
is no practical impact on consumers or covered persons.
The final rules will have no unique impact on depository
institutions or credit unions with $10 billion or less in assets as
described in section 1026(a) of the Dodd-Frank Act. Also, the final
rules will have no unique impact on rural consumers.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996, requires each
agency to consider the potential impact of its regulations on small
entities, including small businesses, small governmental units, and
small not-for-profit organizations.\9\ The RFA generally requires an
agency to conduct an initial regulatory flexibility analysis (IRFA) and
a final regulatory flexibility analysis (FRFA) of any rule subject to
notice-and-comment rulemaking requirements, unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities.\10\ The Bureau also is subject to
certain additional procedures under the RFA involving the convening of
a panel to consult with small business representatives prior to
proposing a rule for which an IRFA is required.\11\
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\9\ 5 U.S.C. 601-612.
\10\ 5 U.S.C. 603, 604.
\11\ 5 U.S.C. 609.
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The IRFA and FRFA requirements described above apply only where a
notice of proposed rulemaking is required,\12\ and the panel
requirement applies only when a rulemaking requires an IRFA.\13\ The
Bureau concluded that a notice of proposed rulemaking was not required
for the December 2011 IFRs. This final rule adopts the December 2011
IFRs as final, except to the extent they have been amended in
subsequent rulemakings. Therefore, a FRFA is not required.
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\12\ 5 U.S.C. 603(a), 604(a); 5 U.S.C. 553(b).
\13\ 5 U.S.C. 609(b).
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VII. Paperwork Reduction Act
According to the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
[[Page 25325]]
3501, et seq.) the Bureau may not conduct or sponsor and,
notwithstanding any other provision of law, a respondent is not
required to respond to an information collection unless it displays a
currently valid Office of Management and Budget (OMB) control number.
This rule contains no new or revised information collection
requirements. The Bureau's OMB control numbers for the information
collections in the respective existing regulations are as follows:
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Regulation OMB Control No.
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Regulation B.............................. 3170-0013.
Regulation C.............................. 3170-0008.
Regulation E.............................. 3170-0014.
Regulation F.............................. 3170-0056.
Regulations G & H......................... Regulation G: 3170-0005.
Regulation H: Not
applicable.\14\
Regulation I.............................. 3170-0062.
Regulations J, K, & L..................... 3170-0012.
Regulation M.............................. 3170-0006.
Regulation N.............................. 3170-0009.
Regulation O.............................. 3170-0007.
Regulation P.............................. 3170-0010.
Regulation V.............................. 3170-0002.
Regulation X.............................. 3170-0016.
Regulation Z.............................. 3170-0015.
Regulation DD............................. 3170-0004.
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\14\ Regulation H contains no information collections requiring
approval under the PRA.
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List of Subjects
12 CFR Part 1002
Aged, Banking, Banks, 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 1003
Banking, Banks, Credit unions, Mortgages, National banks, Savings
associations, Reporting and recordkeeping requirements.
12 CFR Part 1005
Automated teller machines, Banking, Banks, Consumer protection,
Credit unions, Electronic fund transfers, National banks, Remittance
transfers, Reporting and recordkeeping requirements, Savings
associations.
12 CFR Part 1006
Administrative practice and procedure, Consumer protection, Credit,
Intergovernmental relations.
12 CFR Parts 1007 and 1008
Accounting, Administrative practice and procedure, Advertising,
Agriculture, Bank deposit insurance, Banking, Banks, Confidential
business information, Conflict of interests, Consumer protection,
Credit unions, Crime, Currency, Exports, Foreign banking, Grant
programs--housing and community development, Holding companies,
Insurance, Investments, Loan programs--housing and community
development, Licensing, Mortgages, National banks, Penalties,
Registration, Reporting and recordkeeping requirements, Rural areas,
Savings associations, Securities, Surety bonds.
12 CFR Part 1009
Credit unions, Depository institutions, Federal Deposit Insurance
Act, Federal Trade Commission Act, Federal deposit insurance.
12 CFR Parts 1010, 1011, and 1012
Adjudicatory proceedings, Advertising disclaimers, Certification of
substantially equivalent state law, Filing assistance, Land
registration, Reporting requirements, Purchasers' revocation rights,
Unlawful sales practices.
12 CFR Part 1013
Advertising, Consumer leasing, Reporting and recordkeeping
requirements, Truth in lending.
12 CFR Parts 1014 and 1015
Advertising, Business practices related to mortgage loans,
Communications, Consumer protection, Credit, Mortgages, Telemarketing,
Trade practices.
12 CFR Part 1016
Banking, Banks, Consumer protection, Credit, Credit unions, Foreign
banking, Holding companies, National banks, Privacy, Reporting and
recordkeeping requirements, Savings associations, Trade practices.
12 CFR Part 1022
Banking, Banks, 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, Mortgagees,
Mortgages, 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 foregoing reasons, the Bureau adopts as final the December
2011 IFRs, excluding the listed related amendments, as follows:
A. 76 FR 79442 (Dec. 21, 2011), as amended by 78 FR 7216 (Jan. 31,
2013), and 78 FR 60382 (Oct. 1, 2013);
B. 76 FR 78465 (Dec. 19, 2011), as amended by 77 FR 8721 (Feb. 15,
2012), 77 FR 76839 (Dec. 31, 2012), 78 FR 79285 (Dec. 30, 2013), 79 FR
77854 (Dec. 29, 2014), 80 FR 66128 (Oct. 28, 2015), 80 FR 69567 (Nov.
10, 2015), and 80 FR 79673 (Dec. 23, 2015);
C. 76 FR 81020 (Dec. 27, 2011), as amended by 77 FR 6194 (Feb. 7,
2012), 77 FR 40459 (July 10, 2012), 77 FR 50244 (Aug. 20, 2012), 78 FR
6025 (Jan. 29, 2013), 78 FR 18221 (Mar. 26, 2013), 78 FR 30662 (May 22,
2013), 78 FR 49365 (Aug. 14, 2013), and 79 FR 55970 (Sept. 18, 2014);
D. 76 FR 78121 (Dec. 16, 2011);
E. 76 FR 78483 (Dec. 19, 2011);
F. 76 FR 78126 (Dec. 16, 2011);
G. 76 FR 79486 (Dec. 21, 2011), as amended by 77 FR 26154 (May 3,
2012);
H. 76 FR 78500 (Dec. 19, 2011), as amended by 76 FR 81789 (Dec. 29,
2011), 77 FR 69735 (Nov. 21, 2012), 78 FR 70193 (Nov. 25, 2013), 79 FR
56482 (Sept. 22, 2014), and 80 FR 73945 (Nov. 27, 2015);
I. 76 FR 78130 (Dec. 16, 2011);
J. 76 FR 79025 (Dec. 21, 2011), as amended by 79 FR 64057 (Oct. 28,
2014);
K. 76 FR 79308 (Dec. 21, 2011), as amended by 77 FR 67744 (Nov. 14,
2012);
L. 76 FR 78978 (Dec. 20, 2011), as amended by 78 FR 6856 (Jan. 31,
2013), 78 FR 10696 (Feb. 14, 2013), 78 FR 44686 (July 24, 2013), 78 FR
60382 (Oct. 1, 2013), 78 FR 62993 (Oct. 23, 2013), 78 FR 68343 (Nov.
14, 2013), 78 FR 79730 (Dec. 31, 2013), 80 FR 8767 (Feb.19, 2015), 80
FR 22091 (Apr. 21, 2015), 80 FR 43911 (July 24, 2015), 80 FR 80228
(Dec. 24, 2015), and 81 FR 7032 (Feb. 10, 2016);
M. 76 FR 79768 (Dec. 22, 2011), as amended by 77 FR 69736 (Nov. 21,
[[Page 25326]]
2012), 77 FR 69738 (Nov. 21, 2012), 77 FR 70105 (Nov. 23, 2012), 78 FR
4726 (Jan. 22, 2013), 78 FR 6408 (Jan. 30, 2013), 78 FR 6856 (Jan. 31,
2013), 78 FR 10368 (Feb. 13, 2013), 78 FR 10902 (Feb. 14, 2013), 78 FR
11280 (Feb. 15, 2013), 78 FR 18795 (Mar. 28, 2013), 78 FR 25818 (May 3,
2013), 78 FR 30739 (May 23, 2013), 78 FR 32547 (May 31, 2013), 78 FR
35430 (June 12, 2013), 78 FR 44686 (July 24, 2013), 78 FR 45842 (July
30, 2013), 78 FR 60382 (Oct. 1, 2013), 78 FR 62993 (Oct. 23, 2013), 78
FR 70194 (Nov. 25, 2013), 78 FR 76033 (Dec. 16, 2013), 78 FR 78520
(Dec. 26, 2013), 78 FR 79286 (Dec. 30, 2013), 78 FR 79730 (Dec. 31,
2013), 79 FR 41631 (July 17, 2014), 79 FR 48015 (Aug. 15, 2014), 79 FR
56483 (Sept. 22, 2014), 79 FR 65300 (Nov. 3, 2014), 79 FR 77855 (Dec.
29, 2014), 79 FR 78296 (Dec. 30, 2014), 80 FR 8767 (Feb. 19, 2015), 80
FR 21153 (Apr. 17, 2015), 80 FR 22091 (Apr. 21, 2015), 80 FR 32658
(June 9, 2015), 80 FR 43911 (July 24, 2015), 80 FR 56895 (Sept. 21,
2015), 80 FR 59944 (Oct. 2, 2015), 80 FR 73943 (Nov. 27, 2015), 80 FR
73947 (Nov. 27, 2015), 80 FR 79674 (Dec. 23, 2015), 80 FR 80228 (Dec.
24, 2015), 81 FR 7032 (Feb. 10, 2016), and 81 FR 16074 (Mar. 25, 2016);
and N. 76 FR 79276 (Dec. 21, 2011).
Dated: April 12, 2016.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2016-09431 Filed 4-27-16; 8:45 am]
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