Unknown. Interim final rule with request for public comment

4,437 words·~20 min read·/register/2013/09/26/2013-23229

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-09-26.xml --- 78 187 Thursday, September 26, 2013 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service Architectural Architectural and Transportation Barriers Compliance Board RULES Architectural Barriers Act Accessibility Guidelines: Outdoor Developed Areas, 59476-59553 2013-22876 PROPOSED RULES Rail Vehicles Access Advisory Committee;

Fixed Guideway Systems, 59316-59317 2013-23504 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Rules of Practice for Issuance of Temporary Cease-and-Desist Orders, 59163-59165 2013-23229 Coast Guard Coast Guard RULES Regulated Navigation Areas: Gulf of Mexico; Mississippi Canyon Block 20, South of New Orleans, LA, 59234-59237 2013-23530 Tappan Zee Bridge Construction Project, Hudson River; South Nyack and Tarrytown, NY, 59231-59234 2013-22902 Weymouth Fore River, Fore River Bridge Construction, Weymouth and Quincy, MA, 59237-59239 2013-23523 Safety Zones:

Chicago Harbor, Navy Pier East, Chicago, IL, 59240 2013-23383 Chicago Harbor, Navy Pier Southeast, Chicago, IL, 59239-59240 2013-23381 Special Local Regulations: Annual Marine Events on the Colorado River, between Davis Dam (Bullhead City, AZ) and Headgate Dam (Parker, AZ) within the San Diego Captain of the Port Zone, 59230-59231 2013-23267 PROPOSED RULES Safety Zones: Captain of the Port Boston Fireworks Display Zones, Boston Harbor, Boston, MA, 59313-59316 2013-23275 Commerce Commerce Department See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation PROPOSED RULES Bales Made Available for Shipment by CCC-Approved Warehouses, 59289-59291 2013-23506 Comptroller Comptroller of the Currency NOTICES Meetings:

Minority Depository Institutions Advisory Committee, 59425 2013-23493 Corporation Corporation for National and Community Service NOTICES Meetings; Sunshine Act, 59339-59340 2013-23515 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Trafficking in Persons Policy, 59325-59328 2013-23501 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department PROPOSED RULES Federal Acquisition Regulations:

Ending Trafficking in Persons, 59317-59325 2013-23311 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59341-59342 2013-23419 2013-23430 2013-23442 Arms Sales, 59342-59343 2013-23397 Meetings: National Commission on the Structure of the Air Force, 59343-59344 2013-23400 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Employment and Training Employment and Training Administration NOTICES Unemployment Insurance Eligibility:

Emergency Unemployment Compensation 2008 Program; Alaska, Mississippi, and Wisconsin, 59374 2013-23479 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; South Coast Air Quality Management District, 59249-59250 2013-23252 Maryland; Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts which Includes Pleasure Craft Coating Operations, 59240-59242 2013-23100 Ohio;

Redesignation of the Dayton-Springfield Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 59258-59260 2013-23242 Pennsylvania; Motor Vehicle Emissions Budgets for the Lancaster 1997 8-Hour Ozone Maintenance Area; Withdrawal, 59258 2013-23384 Sacramento, CA; Designation of Areas for Air Quality Planning Purposes, 59261-59263 2013-23245 Texas; Revisions to New Source Review State Implementation Plan; Emergency Orders, 59250-59258 2013-23380 Utah; Maintenance Plan for the 1997 8-Hour Ozone Standard for Salt Lake County and Davis County, 59242-59249 2013-23248 Outer Continental Shelf Air Regulations:

Consistency Update for California, 59263-59265 2013-23377 Tolerance Requirements; Exemptions: FD and C Yellow No. 5, 59265-59269 2013-23391 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Revision to Emission Limitations for R. Paul Smith Power Station; Withdrawal, 59317 2013-23507 Pennsylvania; Motor Vehicle Emissions Budgets for the Lancaster 1997 8-Hour Ozone Maintenance Area; Withdrawal, 59317 2013-23382 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Modification of Secondary Treatment Requirements for Discharges into Marine Waters, 59345-59347 2013-23509 Meetings: National and Governmental Advisory Committees to the U.S. Representative to the Commission for Environmental Cooperation, 59347 2013-23502 Pesticides: Revised Fee Schedule for Registration Applications, 59347-59359 2013-23368 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Diamond Aircraft Industries GmbH Airplanes, 59223-59226 2013-22979 Final Flight, Duty and Rest Rules, 59226-59228 2013-23516 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 59295-59298 2013-23443 Continental Motors, Inc. Reciprocating Engines, 59293 2013-23431 Eurocopter France Helicopters, 59298-59303, 59306-59308 2013-23434 2013-23437 Rolls-Royce Deutschland Ltd. and Co. KG Turbofan Engines, 59291-59292 2013-23454 The Boeing Company Airplanes, 59293-59295, 59304-59306 2013-23444 2013-23456 NOTICES Meetings:

International Civil Aviation Organization Dangerous Goods Panel, 59413-59414 2013-23521 Federal Energy Federal Energy Regulatory Commission NOTICES Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Goal Line L.P., 59345 2013-23480 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: King County, WA, 59414-59415 2013-23446 Federal Housing Finance Agency Federal Housing Finance Agency RULES Orders:

Information Reporting with Respect to Stress Testing of Regulated Entities, 59165-59218 2013-22914 Stress Testing of Regulated Entities, 59219-59223 2013-22586 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 59359 2013-23403 Ocean Transportation Intermediary License Applicants, 59359-59360 2013-23378 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Commercial Drivers License Standards: Tank Vehicle; License Endorsement Requirement, 59328-59333 2013-23510 Federal Transit Federal Transit Administration NOTICES Formula Grants for Rural Areas:

Guidance and Application Instructions, 59415-59419 2013-23435 Fiscal Fiscal Service RULES Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds; Corrections, 59228-59230 2013-23428 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59425 2013-23487 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for the Fluted Kidneyshell and Slabside Pearlymussel, 59556-59620 2013-23357 Endangered Species Status for the Fluted Kidneyshell and Slabside Pearlymussel, 59269-59287 2013-23356 PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Revised Designation of Critical Habitat for Contiguous U.S. Distinct Population Segment of Canada Lynx and Revised Distinct Population Segment Boundary, 59430-59474 2013-23189 Threatened Status and Designation of Critical Habitat for Oregon Spotted Frog (Rana pretiosa), 59334 2013-23410 Food and Drug Food and Drug Administration PROPOSED RULES Antimicrobial Animal Drug Sales and Distribution Annual Summary Report Data Tables, 59308-59312 2013-23488 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Industry Responses to Noncompliance Records, 59335-59336 2013-23499 Meetings: Codex Alimentarius Commission Committee on Food Hygiene, 59336-59337 2013-23503 Forest Forest Service NOTICES Meetings: Black Hills National Forest Advisory Board, 59337-59338 2013-23451 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Ending Trafficking in Persons, 59317-59325 2013-23311 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59360-59361 2013-23409 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Multifamily, Healthcare Facilities, and Hospital Mortgage Insurance Premiums, Fiscal Year 2014, 59366-59368 2013-23473 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Requirement of a Section 4959 Excise Tax Return and Time for Filing the Return;

Correction, 59228 2013-23411 PROPOSED RULES Requirement of a Section 4959 Excise Tax Return and Time for Filing the Return; Correction, 59313 2013-23412 International Trade Com International Trade Commission NOTICES Complaints: Marine Sonar Imaging Devices, Products Containing the Same, and Components Thereof, 59370 2013-23495 Vision-Based Driver Assistance System Cameras and Components Thereof, 59370-59371 2013-23489 Expedited Five-Year Reviews: Circular Welded Carbon-Quality Steel Pipe from China, 59371-59372 2013-23468 Investigations;

Terminations, Modifications and Rulings, etc.: Multiple Mode Outdoor Grills and Parts Thererof, 59372-59373 2013-23413 Justice Department Justice Department NOTICES Consent Decrees under the Clean Air Act, 59373 2013-23396 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Meetings: Northeast California Resource Advisory Council Sage Grouse Conservation Subcommittee and Resource Advisory Council, 59368 2013-23455 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 59374-59375 2013-23537 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Ending Trafficking in Persons, 59317-59325 2013-23311 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59375-59381 2013-23450 2013-23453 2013-23465 2013-23466 2013-23471 2013-23477 2013-23478 2013-23482 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Inconsequential Noncompliance:

PACCAR Inc., 59419-59420 2013-23366 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2013-23404 2013-23405 59361-59362 2013-23406 National Cancer Institute, 2013-23407 59362-59363 2013-23408 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction, 59287-59288 2013-23476 NOTICES Intracoastal Waterway Route Magenta Line on NOAA Nautical Charts, 59339 2013-23440 National Park National Park Service NOTICES Meetings:

Captain John Smith Chesapeake National Historic Trail Advisory Council and Star Spangled Banner National Historic Trail Advisory Council, 59368-59369 2013-23436 National Register of Historic Places: Pending Nominations and Related Actions, 59369 2013-23402 National Science National Science Foundation NOTICES Meetings: Engineering Advisory Committee, 59381 2013-23457 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59344-59345 2013-23481 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Modifications of Special Permits, 59422 2013-23460 Delayed Applications, 59422-59423 2013-23458 Special Permit Applications, 59420-59424 2013-23461 2013-23459 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 59382 2013-23379 Postal Service Postal Service NOTICES Product Changes:

Priority Mail Negotiated Service Agreement, 59382-59383 2013-23385 2013-23386 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Government Agencies and Employees: General Services Administration; Designation of Officers to Act as Administrator (Memorandum of September 20, 2013), 59161-59162 2013-23601 Public Debt Public Debt Bureau See Fiscal Service Rural Business Rural Business-Cooperative Service NOTICES Funding Availability: Rural Microentrepreneur Assistance Program, 59338 2013-23474 Securities Securities and Exchange Commission NOTICES Applications:

Principal Management Corporation, et al., 59383-59390 2013-23426 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 59390 2013-23424 ICE Clear Europe Ltd., 59401-59402 2013-23423 New York Stock Exchange LLC; NYSE MKT LLC; NYSE Arca, Inc., 59390-59391 2013-23422 The NASDAQ Stock Market, LLC, 59391-59409 2013-23420 2013-23421 2013-23425 Trading Suspension Orders: AcuNetx, Inc., Alliance Pharmaceutical Corp., BBV Vietnam S.E.A. Acquisition Corp., et al., 59409-59410 2013-23579 Small Business Small Business Administration NOTICES Disaster Declarations:

Florida, 59410 2013-23491 Small Business Innovation Research and Small Business Technology Transfer Programs Commercialization Benchmark, 59410-59411 2013-23492 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59411-59412 2013-23429 State Department State Department NOTICES Climate Action Report: Bureau of Oceans and International Environmental Scientific Affairs, 59412-59413 2013-23475 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:

Wisconsin Central Ltd., Brown County, WI, 59424-59425 2013-23469 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Transportation Worker Identification Credential Program, 59364-59365 2013-23399 TSA PreCheck Application Program, 59363-59364 2013-23398 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See United States Mint Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Entry and Manifest of Merchandise Free of Duty, Carriers Certificate and Release, 59365-59366 2013-23438 Immigration U.S.

Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59366 2013-23447 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 59426 2013-23363 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Approval of a Licensing or Certification and Organization or Entity, 59426-59427 2013-23497 Voice of the Veteran Call Center Survey;

Correction, 59426 2013-23365 Reasonable Charges for Inpatient MS-DRGs and SNF Medical Services; Fiscal Year 2014 Update, 59427-59428 2013-23508 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 59430-59474 2013-23189 Part III Architectural and Transportation Barriers Compliance Board, 59476-59553 2013-22876 Part IV Interior Department, Fish and Wildlife Service, 59556-59620 2013-23357 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 187 Thursday, September 26, 2013 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1081 [Docket No.: CFPB-2013-0030] RIN 3170-AA29 Rules of Practice for Issuance of Temporary Cease-and-Desist Orders AGENCY:

Bureau of Consumer Financial Protection. ACTION: Interim final rule with request for public comment. SUMMARY: The Dodd-Frank Wall Street Reform and Consumer Protection Act requires the Bureau of Consumer Financial Protection (Bureau) to prescribe rules establishing procedures for the conduct of adjudication proceedings. On June 29, 2012, the Bureau published the final Rules of Practice for Adjudication Proceedings. That final rule, however, does not apply to the issuance of a temporary cease-and-desist order

(TCDO)pursuant to section 1053(c) of the Dodd-Frank Act. The Bureau now issues this interim final rule governing such issuance and seeks public comments. DATES: This interim final rule takes effect on September 26, 2013. Comments must be received on or before November 25, 2013 to be assured of consideration. ADDRESSES: You may submit comments, identified by Docket No. CFPB-2013-0030 or Regulatory Information Number

(RIN)3170-AA29, by any of the following methods: • *Electronic: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail/Hand Delivery/Courier:* Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. *Instructions:* All submissions must include the agency name and docket number or RIN for this rulemaking. In general, all comments received will be posted to *http://www.regulations.gov.* In addition, comments will be available for public inspection and copying at 1700 G Street NW., Washington, DC 20552, on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. An appointment to inspect comments can be made by telephoning

(202)435-7275. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Submit only information that you wish to make publicly available. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments will not be edited to remove any identifying or contact information such as name and address information, email addresses, or telephone numbers. FOR FURTHER INFORMATION CONTACT: John R. Coleman, Senior Counsel, Legal Division, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552; at

(202)435-7254. SUPPLEMENTARY INFORMATION: I. Background On June 29, 2012, the Bureau published in the **Federal Register** the final Rules of Practice for Adjudication Proceedings pursuant to sections 1022(b)(1) and 1053(e) of the Dodd-Frank Act, 12 U.S.C. 5512(b)(1) & 5563(e). 1 That final rule, however, does not apply to the issuance of a TCDO pursuant to section 1053(c) of the Dodd-Frank Act. 2 The Bureau previously invited comments as to whether special rules governing such proceedings are necessary and, if so, what the rules should provide. 3 One commenter recommended that the Bureau promulgate rules governing temporary cease-and-desist proceedings initiated pursuant to section 1053(c) of the Dodd-Frank Act and pointed to the Federal Deposit Insurance Corporation's

(FDIC)rules governing temporary cease-and-desist proceedings, 12 CFR 308.131, as an example of such rules. 4 The Bureau agrees that there should be specific rules governing the issuance of a temporary cease-and-desist order and now issues these interim final Rules of Practice for Issuance of Temporary Cease-and-Desist Orders (Rules), which govern the issuance of orders pursuant to section 1053(c) of the Dodd-Frank Act, 12 U.S.C. 5563(c). 5 1 *See* 77 FR 39058 (June 29, 2012) (codified at 12 CFR Part 1081). 2 *Id.* at 39058. 3 *See* 76 FR 45338, 45338 (July 28, 2011). 4 *See* 77 FR 39058, 39060 (June 29, 2012). 5 *Id.* In developing these Rules, the Bureau considered the procedures related to temporary cease-and-desist orders that are followed by other regulatory agencies, including the FDIC, the Securities and Exchange Commission (SEC), and the Office of the Comptroller of the Currency (OCC). The Rules most closely follow the FDIC's approach as codified in 12 CFR 308.131. The Bureau issues these Rules to clarify

(1)the basis for the issuance of a TCDO;

(2)the content, scope, and form of a TCDO;

(3)the procedures governing the issuance of a TCDO and the remedies available to the Bureau in issuing a TCDO; and

(4)the rights of persons subject to a TCDO. II. Section-by-Section Summary Section 1081.100 Scope of the rules of practice This section is revised to clarify that the rules of practice described in this section are those contained in subparts A, B, C, and D. This section does not address the scope of subpart E, which is separately addressed in new § 1081.500. This section is further revised to acknowledge that § 1081.200(d) permits commencement of a proceeding through a stipulation and consent order. Section 1081.200 Commencement of proceeding and contents of notice of charges This section is revised to clarify that the section's stated requirements for commencing a proceeding apply to proceedings governed by subparts A, B, C, and D. The requirements for commencing a temporary cease-and-desist proceeding are set forth in new § 1081.501. Section 1081.500 Scope This section describes the scope of the Rules and makes clear that the issuance of a TCDO does not affect the underlying adjudication proceedings instituted by the issuance of a notice of charges. Section 1081.501 Basis for issuance, form, and service This section states the conditions under which the Bureau, through the Director or his or her designee, may issue a TCDO; a TCDO's required format and content; the proper method of service; and the general parameters of the kinds of activities a TCDO may prohibit or affirmatively require. Section 1081.502 Judicial review, duration This section describes the process under which a TCDO respondent may seek judicial review of a TCDO, the sole process available for seeking review of a TCDO. This section clarifies the duration of a TCDO's effectiveness and the authority of the Director or his or her designee to terminate, limit, or suspend a TCDO. III. Legal Authority The Bureau promulgates the Rules pursuant to its authority to implement section 1053 of the Dodd-Frank Act, 12 U.S.C. 5563(e), as well as its general rulemaking authority to promulgate rules necessary or appropriate to carry out the Federal consumer financial laws, 12 U.S.C. 5512(b)(1). IV. Section 1022(b) Provisions In developing the Rules, the Bureau has considered the potential benefits, costs, and impacts and has consulted or offered to consult with the prudential regulators, the Department of Housing and Urban Development, the Department of Justice, and the Federal Trade Commission, including with regard to consistency with any prudential, market, or systemic objectives administered by such agencies. 6 6 Section 1022(b)(2)(A) of the Dodd-Frank Act calls for 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) directs the Bureau to consult with the appropriate prudential regulators or other Federal agencies regarding consistency with objectives those agencies administer. The manner and extent to which these provisions apply to a rulemaking of this kind, which establishes Bureau procedures and imposes no standards of conduct, is unclear. Nevertheless, to inform this rulemaking more fully, the Bureau performed the analyses and consultations described in those provisions of the Dodd-Frank Act. The Dodd-Frank Act requires the Bureau to prescribe rules establishing such procedures as may be necessary to carry out section 1053 of the Act, which provides for temporary cease-and-orders in subsection (c). The Rules themselves do not impose significant costs upon covered persons, but, consistent with section 1053, provide a straightforward and efficient process for the issuance of a temporary cease-and-desist order, and a direct route to judicial review. The Rules have no unique impact on insured depository institutions or insured credit unions with $10 billion or less in assets described in section 1026(a) of the Dodd-Frank Act, nor do they have a unique impact on rural consumers. V. Regulatory Requirements The Rules relate solely to agency procedure and practice and, thus, are not subject to the notice and comment requirements of the Administrative Procedure Act, 5 U.S.C. 553(b). Although these Rules are exempt from these requirements, the Bureau invites comment on them. Because no notice of proposed rulemaking is required, these regulations are not a “rule” as defined by the Regulatory Flexibility Act, 5 U.S.C. 601(2). The Bureau has determined that the regulations in this subpart do not impose any new recordkeeping, reporting, or disclosure requirements on covered entities or members of the public that would constitute collections of information requiring approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 12 CFR Part 1081 Administrative practice and procedure, Banking, Banks, Consumer protection, Credit, Credit unions, Law enforcement, National banks, Savings associations, Trade practices. Authority and Issuance For the reasons set forth in the preamble, the Bureau amends Part 1081 of Chapter X in Title 12 of the Code of Federal Regulations as follows: PART 1081—RULES OF PRACTICE FOR ADJUDICATION PROCEEDINGS 1. The authority citation for part 1081 is revised to read as follows: Authority: 12 U.S.C. 5563(e); 12 U.S.C. 5512(b). Subpart A—General Rules 2. Section 1081.100 is revised to read as follows: § 1081.100 Scope of the rules of practice. Subparts A, B, C, and D of this part prescribe rules of practice and procedure applicable to adjudication proceedings authorized by section 1053 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) to ensure or enforce compliance with the provisions of Title X of the Dodd-Frank Act, rules prescribed by the Bureau under Title X of the Dodd-Frank Act, and any other Federal law or regulation that the Bureau is authorized to enforce. Except as otherwise provided in this part, the rules of practice contained in subparts A, B, C, and D of this part do not govern the conduct of Bureau investigations, investigational hearings or other proceedings that do not arise from proceedings after a notice of charges or a stipulation and consent order. Subpart B—Initiation of Proceedings and Prehearing Rules 3. Section 1081.200 is amended by revising paragraph

(a)to read as follows: § 1081.200 Commencement of proceeding and contents of notice and charges.

(a)*Commencement of proceeding.* A proceeding governed by subparts A, B, C, and D of this part is commenced by filing of a notice of charges by the Bureau in accordance with § 1081.111. The notice of charges must be served by the Bureau upon the respondent in accordance with § 1081.113(d)(1). 4. Subpart E is added to read as follows: Subpart E—Temporary Cease-and-Desist Proceedings Sec. 1081.500 Scope. 1081.501 Basis for issuance, form, and service. 1081.502 Judicial review, duration. Subpart E—Temporary Cease-and-Desist Proceedings § 1081.500 Scope.

(a)This subpart prescribes the rules of practice and procedure applicable to the issuance of a temporary cease-and-desist order authorized by section 1053(c) of the Dodd-Frank Act (12 U.S.C. 5563(c)).

(b)The issuance of a temporary cease-and-desist order does not stay or otherwise affect the proceedings instituted by the issuance of a notice of charges, which are governed by subparts A, B, C, and D of this part. § 1081.501 Basis for issuance, form, and service.

(a)*In general.* The Director or his or her designee may issue a temporary cease-and-desist order if he or she determines that one or more of the alleged violations specified in a notice of charges, or the continuation thereof, is likely to cause the respondent to be insolvent or otherwise prejudice the interests of consumers before the completion of the adjudication proceeding. A temporary cease-and-desist order may require the respondent to cease and desist from any violation or practice specified in the notice of charges and to take affirmative action to prevent or remedy such insolvency or other condition pending completion of the proceedings initiated by the issuance of a notice of charges.

(b)*Incomplete or inaccurate records.* When a notice of charges specifies, on the basis of particular facts and circumstances, that the books and records of a respondent are so incomplete or inaccurate that the Bureau is unable to determine the financial condition of the respondent or the details or purpose of any transaction or transactions that may have a material effect on the financial condition of the respondent, then the Director or his or her designee may issue a temporary order requiring:

(1)The cessation of any activity or practice which gave rise, whether in whole or in part, to the incomplete or inaccurate state of the books or records; or

(2)Affirmative action to restore such books or records to a complete and accurate state, until the completion of the adjudication proceeding.

(c)*Content, scope and form of order.* Every temporary cease-and-desist order accompanying a notice of charges shall describe:

(1)The basis for its issuance, including the alleged violations and the harm that is likely to result without the issuance of an order; and

(2)The act or acts the respondent is to take or refrain from taking.

(d)*Effective and enforceable upon service.* A temporary cease-and-desist order is effective and enforceable upon service.

(e)*Service.* Service of a temporary cease-and-desist order shall be made pursuant to § 1081.113(d). § 1081.502 Judicial review, duration.

(a)*Availability of judicial review.* Judicial review of a temporary cease-and-desist order shall be available solely as provided in section 1053(c)(2) of the Dodd-Frank Act (12 U.S.C. 5563(c)(2)). Any respondent seeking judicial review of a temporary cease-and-desist order issued under this subpart must, not later than ten calendar days after service of the temporary cease-and-desist order, apply to the United States district court for the judicial district in which the residence or principal office or place of business of the respondent is located, or the United States District Court for the District of Columbia, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order.

(b)*Duration.* Unless set aside, limited, or suspended by the Director or his or her designee, or by a court in proceedings authorized under section 1053(c)(2) of the Dodd-Frank Act (12 U.S.C. 5563(c)(2)), a temporary cease-and-desist order shall remain effective and enforceable until:

(1)The effective date of a final order issued upon the conclusion of the adjudication proceeding;

(2)With respect to a temporary cease-and-desist order issued pursuant to § 1081.501(b) only, the Bureau determines by examination or otherwise that the books and records are accurate and reflect the financial condition of the respondent, and the Director or his or her designee issues an order terminating, limiting, or suspending the temporary cease-and-desist order. Dated: September 10, 2013. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2013-23229 Filed 9-25-13; 8:45 am]

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