Unknown. Notice of policy

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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-2013-10-29.xml --- 78 209 Tuesday, October 29, 2013 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Importer Membership Requirements: Watermelon Research and Promotion Plan; Referendum Order, 64408-64412 2013-25155 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64467-64468 2013-25372 2013-25548 Air Force Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64484 2013-25401 Appalachian States Appalachian States Low-Level Radioactive Waste Commission NOTICES Meetings: Appalachian States Low-Level Radioactive Waste Commission, 64472 2013-25670 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Policy to Encourage Trial Disclosure Programs, 64389-64394 2013-25580 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Sulphur Operations, 64526-64529 2013-25433 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64502-64503 2013-25450 Meetings: Advisory Committee on Breast Cancer in Young Women, 64504 2013-25430 Advisory Committee to the Director, 64503 2013-25429 Advisory Committee to the Director, Health Disparities Subcommittee, 64504-64505 2013-25428 Board of Scientific Counselors, National Center for Injury Prevention and Control, 64505 2013-25427 Safety and Occupational Health Study Section, National Institute for Occupational Safety and Health, 64504 2013-25426 Subcommittee for Dose Reconstruction Reviews, Advisory Board on Radiation and Worker Health, 64503-64504 2013-25431 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Conditions of Participation for Community Mental Health Centers, 64604-64636 2013-24056 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Community Development Community Development Financial Institutions Fund NOTICES Bank Enterprise Award Program: Programmatic and Administrative Aspects, 64598-64600 2013-25622 Comptroller Comptroller of the Currency NOTICES Meetings:

Mutual Savings Association Advisory Committee, 64600-64601 2013-25423 Defense Department Defense Department See Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64482-64483 2013-25519 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Contractor Use of Interagency Fleet Management System Vehicles, 64499-64500 2013-25213 Meetings: Department of Defense Military Family Readiness Council, 64483 2013-25512 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Assistance to Foreign Atomic Energy Activities, 64414-64415 2013-25551 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans;

Approvals and Promulgations: California; South Coast; Contingency Measures for 1997 PM2.5 Standards, 64402-64403 2013-25182 Amendment to Standards and Practices for All Appropriate Inquiries; Withdrawal, 64403-64404 2013-25592 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Disapprovals: Nevada; Infrastructure Requirements for Lead (Pb), 64430-64435 2013-25586 National Pollutant Discharge Elimination System Electronic Reporting Rule, 64435-64436 2013-25577 NOTICES Acid Rain Program;

Annual Adjustment Factors for Excess Emissions Penalty, 64496 2013-25579 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Lycoming Engines and Continental Motors, Inc. Reciprocating Engines, 64394-64396 2013-25342 PROPOSED RULES Airworthiness Directives: Pratt and Whitney Canada Corp. Turboprop Engines, 64421-64423 2013-25460 Pratt and Whitney Turbofan Engines, 64419-64421 2013-25459 Twin Commander Aircraft LLC Airplanes; Initial Regulatory Flexibility Analysis, 64417-64419 2013-25526 Special Conditions:

Airbus, Model A350-900 series airplane; Ground Pivoting Loads, 64415-64417 2013-25398 NOTICES Changes in Use of Aeronautical Property: Bowman Field Airport, Louisville, KY, 64591-64592 2013-25585 Federal Bureau Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information Services Advisory Policy Board, 64535-64536 2013-25562 Federal Communications Federal Communications Commission RULES Next Generation 911; Text-to-911; Next Generation 911 Applications, 64404-64407 2013-25274 PROPOSED RULES Petition for Reconsideration of Action in Rulemaking Proceeding, 64442 2013-25435 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64496-64498 2013-25436 2013-25564 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 64498 2013-25641 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 64521-64522 2013-25522 Major Disasters and Related Determinations: New Mexico, 64522 2013-25620 Pennsylvania, 64522-64523 2013-25623 Maximum Amount of Assistance Under the Individuals and Households Program, 64523 2013-25626 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64484-64486 2013-25438 Applications: Alabama Power Co., 64486 2013-25440 Combined Filings, 64486-64492 2013-25528 2013-25529 2013-25530 2013-25531 2013-25532 2013-25533 2013-25534 2013-25537 Complaints: Frankfort Electric and Water Plant Board, et al. v. Kentucky Utilities Co., 64493 2013-25441 Draft License Applications; Preliminary Draft Environmental Assessment; etc. Juneau Hydropower, Inc., 64493-64494 2013-25437 Filings: Southwestern Power Administration, 64494 2013-25535 2013-25536 Preliminary Permit Applications:

FFP Qualified Hydro 14, LLC; Western Minnesota Municipal Power Agency, 64494 2013-25527 Records Governing Off-the-Record Communications, 64494-64495 2013-25442 Staff Attendance: Southwest Power Pool Regional Entity Trustee, Regional State Committee and Board of Directors Meetings, 64495-64496 2013-25439 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: North Carolina Highway, 64594-64595 2013-25606 Proposed Highway in Illinois, 64595 2013-24969 Stehekin Valley Road Improvement Project, Chelan County, WA, 64592-64593 2013-24966 U.S. 26, Clackamas County, OR, 64593-64594 2013-24960 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 64498 2013-25368 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 64498-64499 2013-25369 Federal Trade Federal Trade Commission PROPOSED RULES Children's Online Privacy Protection Rule Applications for Approval of Proposed Parental Consent Methods by AssertID, Inc., Imperium LLC, and iVeriFly, Inc., etc., 64423-64425 2013-25452 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Determination of Endangered Species Status for 15 Species on Hawaii Island, 64638-64690 2013-24103 Listing Five Foreign Bird Species in Colombia and Ecuador, South America, as Endangered Throughout Their Range, 64692-64733 2013-25070 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Diplacus vandenbergensis (Vandenberg Monkeyflower), 64446-64466 2013-25399 Endangered Status for Vandenberg Monkeyflower, 64840-64871 2013-25397 NOTICES Endangered and Threatened Wildlife and Plants:

Recovery Permit Applications, 64529-64530 2013-25538 Food and Drug Food and Drug Administration PROPOSED RULES Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals, 64736-64837 2013-25126 Draft Qualitative Risk Assessment: Activity/Animal Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm, 64428-64430 2013-25124 Meetings: Food and Drug Administration Food Safety Modernization Act;

Proposed Rule to Establish Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals, 64425-64427 2013-25125 NOTICES Requests for Nominations: Tobacco Products Scientific Advisory Committee, 64505-64506 2013-25541 Food and Nutrition Food and Nutrition Service NOTICES Requests for Information: Supplemental Nutrition Assistance Program Enhancing Retail Food Store Eligibility, 64468-64470 2013-25451 Food Safety Food Safety and Inspection Service NOTICES Compliance Guide for a Systematic Approach to the Humane Handling of Livestock, 64470-64471 2013-25373 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Marsh Project, Crescent Ranger District; Oregon; Withdrawal, 64471 2013-25584 Meetings: Black Hills National Forest Advisory Board, 64471-64472 2013-25525 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Contractor Use of Interagency Fleet Management System Vehicles, 64499-64500 2013-25213 Meetings: World War One Centennial Commission, 64500 2013-25434 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort, 64500-64501 2013-25517 2013-25518 2013-25521 Petition to Add a Class of Employees to the Special Exposure Cohort;

Determinations, 64501-64502 2013-25508 2013-25516 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multifamily Rental Project Closing Documents, 64524-64525 2013-25574 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Meetings:

U.S. Extractive Industries Transparency Initiative Multi-Stakeholder Group Advisory Committee, 64525-64526 2013-25462 Internal Revenue Internal Revenue Service RULES Mixed Straddles: Straddle-by-Straddle Identification; Correction, 64396-64397 2013-25361 PROPOSED RULES Mixed Straddles: Straddle-by-Straddle Identification; Correction, 64430 2013-25360 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64601 2013-25581 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Orders;

Results, Extensions, Amendments, etc.: Laminated Woven Sacks from the People's Republic of China, 64472-64473 2013-25601 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Hot-Rolled Carbon Steel Flat Products from the People's Republic of China, 64473-64475 2013-25594 Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Over 4 Inches) from Japan, 64475-64477 2013-25603 Antidumping Duty Orders; Results, Extensions, Amendments, etc.:

Welded Large Diameter Line Pipe from Japan, 64477-64478 2013-25607 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, Rulings, etc.: Silica Bricks and Shapes from China, 64533-64534 2013-25576 Limited Exclusion Orders: Ink Application Devices and Components Thereof, 64534-64535 2013-25425 Meetings; Sunshine Act, 64535 2013-25722 Performance Review Board; Appointment of Members, 64535 2013-25567 Justice Department Justice Department See Federal Bureau of Investigation Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64536-64537 2013-25510 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coal Mine Rescue Teams, Arrangements for Emergency Medical Assistance and Transportation for Injured Persons, 64537-64538 2013-25395 Energy Employees Occupational Illness Compensation Program Act Forms, 64539-64540 2013-25392 Safety Standards for Underground Coal Mine Ventilation, etc., 64538-64539 2013-25393 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Council to the Boise District, 64530 2013-25540 Plats of Surveys: Idaho, 64530 2013-25523 Montana, 64531 2013-25609 2013-25611 Public Land Orders: Sacramento Pass Recreation Area, NV; Proposed Withdrawal Extension, 64531-64532 2013-25374 Maritime Maritime Administration NOTICES Administrative Waivers of the Coastwise Trade Laws: Vessel WEATHERVANE, 64595-64596 2013-25414 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation Supplements:

Proposal Adequacy Checklist, 64442-64446 2013-25287 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Contractor Use of Interagency Fleet Management System Vehicles, 64499-64500 2013-25213 National Institute National Institute of Standards and Technology NOTICES Preliminary Cybersecurity Framework, 64478-64480 2013-25566 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 64506-64520 2013-25463 2013-25471 2013-25472 2013-25473 2013-25474 2013-25475 2013-25480 2013-25481 2013-25482 2013-25483 2013-25484 2013-25485 2013-25486 2013-25487 2013-25488 2013-25489 2013-25490 2013-25491 2013-25492 2013-25493 2013-25494 2013-25495 2013-25496 2013-25498 2013-25499 2013-25500 2013-25501 2013-25502 2013-25503 2013-25504 2013-25505 2013-25506 2013-25507 2013-25513 2013-25514 2013-25515 2013-25553 2013-25554 2013-25555 2013-25556 2013-25557 2013-25558 2013-25559 2013-25560 2013-25561 National Cancer Institute, 64507 2013-25477 National Eye Institute, 64517-64519 2013-25478 2013-25479 National Institute of Allergy and Infectious Diseases, 64510, 64518 2013-25464 2013-25476 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 64509-64510 2013-25552 National Institute of Biomedical Imaging and Bioengineering, 64506-64519 2013-25468 2013-25469 2013-25470 National Institute of Diabetes and Digestive and Kidney Diseases, 64509-64519 2013-25466 2013-25467 National Institute of Environmental Health Sciences, 64511-64512, 64516 2013-25465 2013-25497 Statement of Organization, Functions, and Delegations of Authority, 64520 2013-25432 National Oceanic National Oceanic and Atmospheric Administration NOTICES Fisheries of the Northeast Region:

Determination of Overfishing or an Overfished Condition, 64480 2013-25605 Meetings: National Climate Assessment and Development Advisory Committee, 64481 2013-25608 New England Fishery Management Council, 64480-64481 2013-25569 2013-25570 Permits: Marine Mammals, 64481-64482 2013-25458 National Park National Park Service PROPOSED RULES Disposition of Unclaimed Human Remains and Other Cultural Items Discovered on Federal Lands, 64436-64442 2013-25511 NOTICES Meetings: Gates of the Arctic National Park Subsistence Resource Commission, 64532-64533 2013-25634 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 64541 2013-25732 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Proposed Waste Confidence Rule and Draft Generic Environmental Impact Statement: Meetings; Rescheduling, 64412-64414 2013-25602 2013-25614 NOTICES Facility Operating Licenses and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 64541-64553 2013-25394 License Amendments: Homestake Mining Co. of California, Grants Reclamation Project, Cibola County, NM, 64553-64555 2013-25422 Meetings;

Sunshine Act, 64555 2013-25735 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64555-64556 2013-25447 Meetings; Sunshine Act, 64556 2013-25647 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 64566-64569 2013-25443 NASDAQ OMX BX, Inc., 64563-64566 2013-25445 NASDAQ OMX PHLX LLC, 64559-64563, 64569-64573 2013-25444 2013-25571 The NASDAQ Stock Market LLC, 64556-64559 2013-25446 Small Business Small Business Administration NOTICES Disaster Declarations:

Colorado; Amendment 3, 64573 2013-25457 Colorado; Amendment 4, 64573 2013-25456 Meetings: Advisory Board, 64573-64574 2013-24996 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Clearance Update, 64574 2013-25619 State Justice State Justice Institute NOTICES Grant Guidelines, 64574-64591 2013-25461 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64520-64521 2013-25563 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Mississippi Regulatory Program, 64397-64402 2013-25575 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64533 2013-25578 Surface Transportation Surface Transportation Board NOTICES Finance Transaction Authorizations: Celerity Partners IV, LLC, Celerity AHI Holdings SPV, LLC, and All Aboard America! Holdings, Inc.;

Sureride Charter Inc. d/b/a Sundiego Charter Co., 64596-64597 2013-25582 Operation Exemptions: Youngstown and Southeastern Railway Co. from Mule Sidetracks, LLC, 64597-64598 2013-25565 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vessel Entrance or Clearance Statement, 64523-64524 2013-25366 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 64604-64636 2013-24056 Part III Interior Department, Fish and Wildlife Service, 64638-64690 2013-24103 Part IV Interior Department, Fish and Wildlife Service, 64692-64733 2013-25070 Part V Health and Human Services Department, Food and Drug Administration, 64736-64837 2013-25126 Part VI Interior Department, Fish and Wildlife Service, 64840-64871 2013-25397 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. 78 209 Tuesday, October 29, 2013 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Chapter X [Docket No. CFPB-2012-0046] Policy To Encourage Trial Disclosure Programs; Information Collection AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of policy. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is issuing its Policy to Encourage Trial Disclosure Programs (Policy), which is intended to carry out the Bureau's authority under of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act). DATES: The Policy is effective on October 29, 2013. FOR FURTHER INFORMATION CONTACT: For additional information about the Policy, contact Will Wade-Gery, Division of Research, Markets and Regulations, Consumer Financial Protection Bureau, at

(202)435-7700. SUPPLEMENTARY INFORMATION: I. Overview In subsection 1032(e) of the Dodd-Frank Act, 12 U.S.C. 5532(e), Congress gave the Bureau authority to provide certain legal protections to companies to conduct trial disclosure programs. This authority can be used to help further the Bureau's statutory objective, stated in subsection 1021(b)(5) of the Act, to “facilitate access and innovation” in the “markets for consumer financial products and services.” In line with this authority, the Bureau is publishing the Policy that is laid out in full in the final section of this Notice. Under its terms, if the Bureau approves a specific trial, then, for the duration of an agreed testing period, the Bureau will deem a testing company's disclosure, to the extent that it is used in accordance with the terms and conditions approved by the Bureau, to be in compliance with, or hold it exempt from, applicable federal disclosure requirements. The Bureau believes that there may be significant opportunities to enhance consumer protection by facilitating innovation in financial products and services and enabling companies to research informative, cost-effective disclosures. The Bureau also recognizes that in-market testing, involving companies and consumers in real world situations, may offer particularly valuable information with which to improve disclosure rules and model forms. II. Overview of Public Comments On December 17, 2012, the Bureau published a notice inviting the general public and other Federal agencies to comment on any aspect of its proposed Policy to Encourage Trial Disclosure Programs (the Proposed Policy). 1 The Bureau received eighteen formal comments on the Proposed Policy. Industry trade associations and other industry groups submitted nine comment letters. Financial services providers submitted three comment letters. There were three comment letters from consumer groups. Individuals also submitted a further three comments. 1 77 FR 74625 (Dec. 17, 2012). All commenters supported the stated goals of the Proposed Policy. Most comments asked for clarification or further detailing around specific parts of the Proposed Policy. Some urged changes to the Proposed Policy either to create more incentives for the regulated community to participate in trial disclosure programs or to provide for additional consumer protections in approved tests. One comment opposed implementation of the Proposed Policy, at least in its current form; this commenter also disputed the Bureau's legal authority for certain aspects of the Proposed Policy. III. Summary of Comments, Bureau Response, and Resulting Policy Changes This section provides a summary of the comments received by subject matter. It also summarizes the Bureau's assessment of the comments by subject matter and, where applicable, describes the resulting changes that the Bureau is making in the final Policy. With some specific exceptions, the Bureau has not made changes to the substance of the Policy. In response to certain comments, however, it has revised the Policy to provide additional clarity and elaboration around a number of specific points. A. Legal Authority As noted in the Proposed Policy, Section 1032(e) of the Dodd-Frank Act gives the Bureau authority to permit trial programs that are designed to “improve upon” existing disclosures. One consumer group contended that the Proposed Policy exceeds the Bureau's legal authority in two respects:

(1)By not requiring trial disclosure programs to meet the criteria for model forms prescribed by the Bureau under Section 5532(b) of the Act, 12 U.S.C. 5532(b); and

(2)by potentially permitting trial disclosure programs that are designed to test cost savings alone. The Bureau believes both contentions lack legal merit. Section 5532(b)(1) authorizes the Bureau to issue model forms that “may be used at the option of a covered person.” Section 5532(b)(2) sets forth three “minimum” features such model forms must possess. These provisions do not limit the trial disclosures that the Bureau may approve under Section 5532(e). In that provision, Congress gave the Bureau authority to permit testing of disclosures that violate disclosure requirements imposed directly on covered persons by the Bureau. There is no textual or other reason to think that Congress intended the Bureau's authority under Section 5532(e) to be circumscribed by Section 5532(b). Indeed, adding the Section 5532(b)(2) criteria to the Policy arguably would frustrate Congress' purposes in enacting Section 5532(e). Thus, a proposal to change a delivery mechanism, as opposed to the content of the disclosure, would not track against the criteria for a model form. Yet there is nothing in Section 1032(e) to suggest that Congress intended to exclude changed delivery mechanisms from the list of potential improvements. As a matter of policy, however, to the extent a proposal includes revised disclosures, the Bureau believes those should meet the stated 1032(b)(2) criteria of plain language, clear format and design, and succinctness. The Policy has been revised to make that point. The Bureau also sees no legal or policy reason to eliminate cost-effectiveness as a sufficient criterion for an “improved” disclosure. In the Bureau's view, a trial disclosure that is intended to maintain the same level of consumer understanding but in a more cost effective manner counts as an improved disclosure. Under the Policy, however, the Bureau will not approve any trial disclosure that it believes will weaken consumer understanding of valuable information that is the focus of a regulatory obligation. That outcome is not one that the Policy is intended to enable, and the Bureau has revised the Policy to make that clear. B. Approval Process Most comments concerned the approval process for trial disclosure programs. Comments focused on the areas identified below. 1. Cost-Sharing Several trade associations and financial services companies questioned whether, in light of the costs involved in designing and implementing trial disclosure programs, companies will have sufficient incentive to use the Policy. For the most part, however, these commenters did not urge more streamlined application or participation procedures. Instead, they requested a clear indication from the Bureau that several covered persons—potentially facilitated by a trade organization—may properly spread the costs of participation among themselves, thereby improving the incentive to participate. Some trade associations noted that absent such collaboration, industry participants would lack the resources to conduct a trial program. The Bureau would welcome collaboration and cost-sharing, and it has clarified the final Policy to this effect. To help ensure adequate protection for consumers, however, the Bureau must know the identity of each specific in-market tester before approving that entity's participation. As a result, the Bureau will not give final approval to any proposed trial disclosure unless the entities involved are specifically identified. At the same time, however, the Bureau sees no reason why a single trial disclosure program may not properly be proposed and implemented by more than one covered person. In fact, as both industry and consumer commenters noted, multi-party tests may offer more robust and reliable results. By the same token, the Policy should not be read to prevent a trade association—or indeed any other entity, including non-profit groups or third-party vendors—from helping to facilitate cost-spreading. In addition, the Policy does not rule out the possibility of the Bureau conditionally approving a particular disclosure for testing without at that point requiring the specific identity of all participants. In this kind of staggered approval arrangement, there would be a follow-on process for specific testers to secure approval to use the disclosure. But even if the Bureau were to stage approval in this manner, the Policy would still not permit a particular tester to claim the benefit of a waiver unless the Bureau ultimately approves it *by name* as a test participant. 2. Development Costs Citing the costs of developing a proposal and implementing a trial disclosure program, several commenters urged the Bureau to permit covered persons to contact the Bureau to discuss a proposal before they submit complete applications. This initial contact could help companies avoid the costs of developing proposals that are unlikely to meet with the Bureau's approval, whether because of the merits of the proposal or because the Bureau is close to approving a duplicative proposal. The Policy is not intended to limit this kind of initial contact. The present Policy is one component part of the Bureau's Project Catalyst initiative, which invites companies to bring innovation-related concerns to the Bureau's attention at *ProjectCatalyst@cfpb.gov* . Disclosure innovators, therefore, may use that point of contact to request a preliminary discussion of a potential trial disclosure proposal. 3. Iterative Testing Several commenters, including industry and consumer group commenters, suggested that the Policy accommodate iterative testing of disclosures. The Bureau acknowledges that in some cases, iterative testing, using relatively small test populations, may help refine and improve disclosure concepts. Instead of a single, larger test, of a preset disclosure, this kind of approach involves a sequence of smaller tests that enable ongoing improvements to a test disclosure concept. Both forms of testing may serve well in different contexts, and the Bureau intends for the Policy to support both approaches. In cases where iterative testing is appropriate, therefore, the Bureau will follow a staggered approach to waiver approval. At an initial stage, an iterative proposal should follow all the normal terms of the Policy, with the exception that it may not include all forms of the disclosure to be tested, to the extent that these are unknown at the point of initial submission. Any such proposal should explain why iterative testing is the more effective means of proceeding with respect to the particular disclosure. If the Bureau approves the program, an initial waiver will then cover the first test disclosure, and the Bureau will commit in the Terms and Conditions document governing that waiver to consider later iterations of the test disclosure for follow-on waivers on a defined fast-track basis. The Policy thereby enables iterative testing, where it is appropriate, while also ensuring that each tested disclosure is specifically authorized. 4. Additional Safeguards Notice and Comment Several consumer groups asked that the Policy require that all proposed disclosures be subject to full notice and comment. In contrast, a financial service provider cautioned that such a procedure would dissuade companies from proposing trial disclosure programs because it would add considerable time and expense to the process. In the Bureau's assessment, requiring notice and comment for each proposed disclosure would conflict with Congress's instruction to issue standards and procedures “designed to encourage covered persons to conduct trial disclosure programs.” (12 U.S.C. 5532(e)(2).) The Bureau believes that it is highly unlikely that covered persons would be willing to subject proposals to full notice and comment, not least because of the extended time period involved. In addition, a test disclosure does not represent a proposed Bureau rule. Test results could help the Bureau to put forward proposed rule changes, but full notice and comment would then apply at that point. Other Safeguards Consumer groups also proposed that tests be approved only when there is no statutory liability associated with the disclosure process. In addition, they proposed that no in-market tests proceed until after “lab-based” qualitative testing of each proposed disclosure. The Bureau does not agree that tests should be limited to disclosures for which non-compliance carries no statutory liability. Section 1032(e) authorizes the Bureau to apply a time-limited safe harbor with respect to disclosure requirements under “a rule or an enumerated consumer law.” 2 It does not limit this authority to statutes (or rules) that impose no liability. In addition, while statutory liability may well indicate that a disclosure is intended to prevent severe consumer harm, as the commenters reasonably contend, that does not argue against testing for disclosure improvement. The more important the role of disclosure in preventing harm, the more important it is to improve disclosures as much as possible. If 1032(e) were used only where disclosure does not matter to consumer welfare, its purpose would go unrealized. 2 12 U.S.C. 5532(e)(2); *see also* n.17 *infra.* The Bureau agrees with commenters that qualitative testing will often be a useful means of showing that a disclosure is worth testing. That is not a compelling reason, however, to make qualitative testing an absolute requirement for test approval. The approval process calls for reasonable grounds to expect the revised disclosures to represent an improvement. In many cases, those grounds will consist—at least in part—of qualitative test results. But that need not always be the case. Other grounds could certainly supply a sufficient basis for expecting improved outcomes. Similar disclosures may have been used and shown to be effective for related consumer financial products, or prior research may offer reasonable grounds to believe the revised disclosure will be an improvement. 5. Guidance on Bureau Disclosure Priorities Some commenters asked the Bureau to identity priority areas for potential tests. The Bureau does not rule out taking this step at some point in the future. In considering ways to improve disclosure policy, the Bureau may in the future identify one or more areas as particularly appropriate for testing. C. Legal Protection 1. Waiver Scope Several trade associations and industry participants asked the Bureau to clarify the scope of the safe harbor that will be provided to approved participants. In particular, they asked whether the waivers would shield participants from

(i)private litigation by consumers and

(ii)enforcement or other proceedings by other regulators. The Bureau recognizes that Section 1032(e) will not provide the incentive to test new disclosures that Congress intended unless the scope of any approved waivers is clear. Entities that the Bureau approves for a waiver—so long as their conduct accords with the terms of approval—should not face private liability exposure for violating those provisions of a federal disclosure statute or rule that the Bureau identifies as being within the scope of the waiver. Because such a waiver deems the trial disclosure to be in compliance with or exempt it from the provisions identified by the Bureau, there is no basis under those provisions for a private suit based on the company's use of the disclosure. The same rationale applies to other federal and state regulators even if they have enforcement or supervisory authority as to the “enumerated consumer laws” for which the Bureau has rulemaking authority. When a Bureau-issued waiver is in effect, there can be no predicate for an enforcement or supervisory action by such a regulator that is both based on statutory or regulatory provisions that are within the scope of the waiver and against a company with an approved program in compliance with the terms of the wavier. It is true that certain other federal regulators may, in certain circumstances, issue rules that overlap with the Bureau's rules. ( *See, e.g.,* 12 U.S.C. 5581(b)(5))(D).) When considering a waiver, therefore, the Bureau will confer, as appropriate, with other federal regulators. Similarly, although the Bureau lacks authority to waive state disclosure requirements, the Bureau will endeavor to work with state regulators, as appropriate, to secure their support for a particular trial disclosure program. The Bureau also encourages participants to confer with other federal and state regulators where a proposed disclosure implicates requirements administered by such regulators. In addition, submissions may properly indicate whether other regulators have indicated support or opposition to the proposal. 2. Affirmative Bureau Statements Finally, several commenters asked the Bureau to state that disclosures approved under the Policy are not deceptive. The Bureau does not intend to approve test disclosures that it considers deceptive. As a result, the Bureau anticipates being able to make this kind of statement when it publishes notice of a waiver. In either case, however, the Bureau's determination would be provisional. Unless and until otherwise indicated, the Bureau's statement or waiver would apply only to disclosures that an approved party made under the terms of that particular approved trial disclosure program. 3. Waiver Revocation The Proposed Policy specified that if the Bureau decides to revoke or partially revoke a waiver for failure to follow the waiver's terms, it:

(i)Will do so in writing, specifying the reason or reasons for its action; and

(ii)may offer an opportunity to correct any such failure before revoking a waiver. Several commenters found these procedural protections insufficient and requested that they be enhanced in various ways. The Bureau acknowledges that entities may reasonably request some opportunity to dispute grounds for a potential revocation. Before determining to issue a revocation, therefore, the Bureau will notify the company of its grounds for its potential revocation, and permit the company an opportunity to respond, consistent with the terms of this Policy. The Policy has been clarified to this effect. D. Public Disclosure Commenters raised two public disclosure concerns. 1. Consumer Awareness of Tests Citing protocols for conducting research on human subjects, consumer groups urged that consumers be given the chance to opt out of test participation. They also requested that test disclosures be clearly identified as such. One industry submission suggested that the Bureau inform consumers after the fact of their participation in a test. The Bureau does not agree that standard practice argues for requiring consumer consent in this context. In-market testing of consumer behavior and reactions to new products or new ways of delivering services is a constant of modern life. Companies routinely carry out such tests using their customer base, without consumer consent or awareness. The fact that companies must share test results with the Bureau does not compel a different outcome here. As the statute makes clear, 1032(e) tests are still conducted *by covered persons* . Furthermore, there is very good reason not to identify test disclosures at the time of delivery. As one commenter observed, disclosures only work to the extent consumers read them. A critical test of any disclosure's effectiveness, therefore, is whether consumers decide to read it in any given case. As a result, if consumers are told that a disclosure is for a test, it will no longer be possible to test for the most basic and controlling component of disclosure effectiveness. Moreover, requiring such disclosure would be in tension with Congress's recognition in section 1032 that public disclosure of programs may appropriately be limited in order to encourage the conduct of “effective” tests. 3 3 12 U.S.C. 5532(e)(3). The Bureau has considered requiring companies to alert consumers that they are in a test population—regardless of whether the consumers are in a control group or in the group to receive a test disclosure. 4 This type of notification, potentially supplemented by an opt-out option, would create equivalency between the two groups. At the same time, however, it would prevent effective testing in many cases. All consumers would be alerted to the fact of disclosure testing, and their conduct upon receiving disclosures would likely change as a result. In the Bureau's assessment, the benefit of this direct notice, weighed against the cost of preventing effective testing and associated disclosure improvements, does not warrant a categorical rule requiring direct disclosure of testing to test populations. To the extent that companies can find ways to provide notice or an opt-out option that do not risk the effectiveness of potential tests, however, the Bureau encourages them to do so. 4 Indirect notice that consumers may receive a test disclosure will already be provided by the Bureau's Web site publication of approved test disclosures. 2. Disclosure of Test Results Several consumer groups urged that all test results be made public. After careful consideration, the Bureau has decided not to revise the Proposed Policy to this effect. Congress has directed that public disclosure be limited as necessary to encourage covered persons to conduct effective tests. ( *See* 12 U.S.C. 5532(e)(3).) In the Bureau's assessment, requiring testing companies to commit, *a priori,* to complete public disclosure of test results may unproductively discourage valuable potential programs that stand to benefit consumers. Some of the information provided to the Bureau may comprise trade secrets or other confidential business information. Testing companies will ultimately need to permit public use of test results if those results are to enable regulatory change. An incentive to public disclosure, therefore, is built into the structure of the program. Particularly against that background, additional categorical rules could reduce the incentive to propose potentially valuable trial disclosure programs. In addition, the absence of a categorical rule does not preclude the Bureau from seeking a particular level of disclosure in connection with any particular proposal. E. Other Considerations Commenters also requested clarification on a number of discrete issues. 1. Delivery Form The Bureau confirms that disclosure improvements may properly consist of revised forms of delivery, not simply changes to the content of disclosures. This was already covered at footnote 7 of the Proposed Policy. It is now reflected in the eligibility criteria listed in Section A of the final Policy. 2. Electronic Submission Submissions for approval can be made via electronic means. Submitters can use the Project Catalyst email address. The Policy has been revised accordingly. 3. Bureau Monitoring of Consumer Harm Several consumer groups requested that the Bureau monitor tests for potential harm to consumers. The Proposed Policy already called for proposals to include plans to mitigate any harm identified. To further address the concern raised, however, the Bureau has amended the eligibility criteria to include both an identification of any risks of consumer harm that may be associated with the proposed program and a description of how the program mitigates any such risks. IV. Final Policy The text of the final Policy is as follows. Consumers need timely and understandable information to make the financial decisions that they believe are best for themselves and their families. Much federal consumer protection law, therefore, rests on the assumption that accurate and effective disclosures will help Americans understand the costs, benefits, and risks of different consumer financial products and services. In Section 1032 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Congress gave the Consumer Financial Protection Bureau (Bureau) authority to develop rules to ensure that consumers receive such disclosures, as well as model forms to help companies comply with those rules. 5 5 *See* 12 U.S.C. 5532(a)-(d). In subsection 1032(e) of the Dodd-Frank Act, Congress also gave the Bureau authority to approve “trial disclosure programs.” 6 This authority can be used to help further the Bureau's statutory objective, stated in subsection 1021(b)(5) of the Dodd-Frank Act, to “facilitate access and innovation” in the “markets for consumer financial products and services.” In particular, Congress empowered the Bureau to provide a legal “safe harbor” to companies testing revised disclosures. For disclosure trials it approves, therefore, the Bureau will, for a defined period, “deem” a participating company “to be in compliance with,” or “exempt” from identified federal disclosure requirements. 7 The Bureau believes that there may be significant opportunities to enhance consumer protection by facilitating innovation in financial products and services through enabling responsible companies to research informative, cost-effective disclosures in test programs. We also recognize that “in-market” testing, involving companies and consumers in real world situations, may offer particularly valuable information with which to improve disclosure rules and model forms. 6 12 U.S.C. 5532(e). 7 12 U.S.C. 5532(e)(2). For convenience, this statutory authority to deem companies in compliance with or to exempt them from disclosure requirements—in each case for a limited period of time—is hereinafter referred to as the authority to issue “waivers” for approved programs. Accordingly, the Bureau is issuing its Policy on trial disclosure programs. 8 Our intent is for the Policy to encourage banks, thrifts, credit unions, and other financial services companies to innovate by proposing and conducting such programs, consistent with the protections for consumers that are described in this Policy. 9 The information that companies generate by such programs may then help the Bureau to establish more effective disclosure rules and practices. 10 8 The Bureau may permit a covered person or covered persons to conduct a trial disclosure program “subject to specified standards and procedures.” 12 U.S.C. 5532(e)(1). 9 The Policy is not intended to nor should it be construed to:

(1)Restrict or limit in any way the CFPB's discretion in exercising its authorities;

(2)constitute an interpretation of law; or

(3)create or confer upon any covered person (including one who is the subject of CFPB supervisory, investigation or enforcement activity) or consumer, any substantive or procedural rights or defenses that are enforceable in any manner. Of course, if the Bureau approves a waiver in connection with a trial disclosure program, the terms of its approval will specify certain legal rights granted to the recipient or recipients of the waiver with respect to that program. Those rights, however, are based on the approval notice, and not on the present policy guidance. 10 The Policy should not be viewed as substituting for the normal process of rulemaking. In the event that information learned from trial disclosure programs triggers or otherwise informs follow-on rulemaking, the Bureau would follow the standard rulemaking process, which affords the public the opportunity of submitting comments on a proposed regulation. The policy has four sections: • Section A describes which proposed programs will be considered eligible for a temporary waiver; • Section B lists factors the Bureau will consider in deciding which eligible programs to approve for such a waiver; • Section C describes the Bureau's procedures for issuing waivers; and • Section D describes how we will disclose information about these programs. Paperwork Reduction Act According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The information that should be submitted to demonstrate eligibility, as described further in Section A below, has been deemed to be a collection of information for these purposes. The OMB control number for this collection is 3170-0039. It expires on 09/30/2016. The time required to complete this information collection is estimated to average between 2 and 10 hours per response, including the time for reviewing any instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection of information is required to obtain a benefit to the extent that the information is to establish eligibility for a temporary waiver, as described in this policy. Comments regarding this collection of information, including the estimated response time, suggestions for improving the usefulness of the information, or suggestions for reducing the burden to respond to this collection should be submitted to Bureau at the Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, or by email to *CFPB_Public_PRA@cfpb.gov* . A. Eligibility To be considered eligible for a waiver, a proposal should: 1. Identify the testing company or companies; 11 11 The Bureau will accept proposals that involve testing by more than one company. Each testing company must be approved by name and must be a signatory to specific waiver terms, as described further in Section C below. Although not every testing company need be identified in an initial application, no company can test subject to a waiver unless and until it has obtained—and become a signatory to—specific Bureau approval to test a given disclosure. The Bureau will not provide that approval unless it is satisfied, in its sole discretion, that a company has met all eligibility requirements for approval and should be approved for the applicable testing program under the terms of this Policy. 2. Describe the new disclosures or delivery methods that are to be tested; 12 12 So long as otherwise consistent with the minimum eligibility standards, a proposal could include modifications to an existing model form or other disclosures, changed delivery mechanisms, replacement of a model form or existing disclosure requirements with new disclosure or forms, and/or the elimination of select disclosure requirements. All proposals should include a copy of the trial disclosures to be tested, a description of what they would replace, and a clear statement of how they would be provided to consumers. When proposals consist of revised disclosure content—as opposed to revised or streamlined delivery mechanisms—that content should be in plain language, reflect a clear format and design, and be succinct. If a proposal is for iterative testing, it should include copies of all forms of the disclosure that are known at the time of initial submission. It should explain why iterative testing is the more effective means of proceeding with respect to the particular disclosure concept. In addition, it should include a proposal for a streamlined approval process for different iterations of the disclosure. Again, no disclosure can be subject to a waiver under Section 1032(e) unless the specific tester has been approved to test that specific disclosure. 3. Describe how these changes are expected to improve upon existing disclosures, 13 particularly with respect to consumer use, consumer understanding, and/or cost-effectiveness; 14 13 The relevant existing disclosures are those made in accordance with disclosure rules issued either under the authority of Section 1032 or to implement an enumerated statute. *See* 12 U.S.C. 5532(e)(1). 14 Trial disclosures should be “designed to improve upon” existing disclosures. 12 U.S.C. 5532(e)(1). Intended improvements may go to consumer use and understanding of the relevant product or service and/or to the cost-effectiveness of disclosures. The Bureau anticipates approving trial disclosure programs that are intended to improve both consumer use and understanding, and cost-effectiveness. Although the Bureau considers cost-effectiveness an appropriate metric of disclosure improvement, it will not approve a trial disclosure that it believes will weaken consumer understanding of valuable information that is the focus of a regulatory obligation, no matter the cost savings obtained. 4. Provide a reasonable basis for expecting these improvements, and metrics for testing whether such improvements are realized; 5. Identify the duration of the test and the size, location, and nature of the consumer population involved in the test, and explain why that duration and scope are reasonably necessary for sound testing; 6. Identify any risks of consumer harm that may be associated with the proposed program, describe how the program mitigates such risks, and explain the testing procedures that will be used to assess for potential consumer harm during the course of the test; 7. Identify with particularity which provisions of current rules or enumerated consumer laws are to be temporarily waived in connection with the trial disclosure program; 15 15 Under subsection 1032(e)(2), the Bureau has authority to waive “a requirement of a rule or an enumerated consumer law,” as that term is defined in the Dodd-Frank Act. *See* 12 U.S.C. 5481(12). As used in subsection 1032(e)(2), the term “rule” includes:

(i)Rules implementing an enumerated consumer law; and

(ii)rules implementing the Consumer Financial Protection Act of 2010, including rules promulgated by the Bureau under its authority to prevent unfair, abusive, or deceptive acts or practices, or to enable full, accurate and effective disclosure. 8. Identify any third-party vendors to be used in connection with the proposed program and describe their proposed role; 9. Contain a commitment to and schedule for sharing test result data 16 with the Bureau; 16 The proposal should commit to sharing test result data with the Bureau within a reasonable period following the end of the program. In addition, it should contain either

(1)a commitment to sharing with the Bureau interim data on test results during the course of the program, or

(2)an explanation for why such interim data cannot reasonably be provided. 10. Acknowledge that the Bureau may revoke any approved waiver if the program violates the terms and conditions under which the Bureau approves the program; and 11. Explain how the testing company will address disclosure requirements for the test population at the conclusion of the test period. All proposals should be submitted via email to *ProjectCatalyst@cfpb.gov* . 17 Submitted proposals may be withdrawn at any time. 17 The email subject line should begin “Trial Disclosure Program.” The present Policy is one component part of the Bureau's Project Catalyst initiative, which invites companies to bring innovation-related concerns to the Bureau's attention at *ProjectCatalyst@cfpb.gov* . Disclosure innovators may use the same Project Catalyst point of contact to request a preliminary discussion of a potential trial disclosure proposal. There are no formal submission requirements to request such a preliminary discussion. B. Approval of Proposals for Waivers To decide whether to approve a proposed program for a waiver, 18 the Bureau will consider a variety of factors, including: 18 The decision whether to approve a proposed program for a waiver will be within the Bureau's sole discretion. The Bureau will review reasonable requests to reconsider its position on programs for which it has not approved a waiver. 1. The extent to which the program may help the Bureau develop disclosure rules or policies that better enable consumers to understand the costs, benefits, and risks associated with consumer financial products or services; 2. The extent to which the program may help the Bureau develop more cost-effective disclosure rules or policies; 3. The extent to which the program anticipates, controls for, and mitigates risks to consumers; 19 19 This includes the extent to which a proposal contains reasonable contingency plans for addressing unanticipated consumer harms that arise during the duration of the test. 4. The strength and record of the company's compliance management system relative to the size, nature, and complexity of the company's consumer business; 5. How effectively and efficiently the program will test for potential improvements to consumer understanding and/or the cost-effectiveness of disclosures, and how narrowly the program is tailored to the testing objectives; 6. The extent to which existing data or other evidence indicate that the proposed changes will realize the intended improvements; and 7. The extent to which the company intends to permit public disclosure of test results. In reviewing and approving applications, the Bureau will also take into consideration the scope and nature of programs currently underway as well as the Bureau's available resources. C. Waiver Procedures for Approved Programs When the Bureau approves a waiver, it will provide the company or companies that receive the waiver with the specific terms and conditions of its approval. 20 Waivers will require companies to certify, and document or otherwise demonstrate to the Bureau, their compliance with these approved terms and conditions. If a company does not follow the terms and conditions of the waiver, the Bureau may revoke the waiver in whole or in part. 21 20 If the Bureau determines not to approve a proposed trial program, it will inform the company of its determination. 21 Before determining to issue a revocation, the Bureau will notify the affected company (or companies) of the grounds for revocation, and permit an opportunity to respond. If the Bureau nonetheless determines that the company failed to follow the terms of the waiver, it may offer an opportunity to correct any such failure before revoking the waiver. If the Bureau revokes or partially revokes a waiver for failure to follow the waiver's terms, it will do so in writing and it will specify the reason or reasons for its action. Waiver terms and conditions will be in writing in an integrated document entitled “1032(e) Trial Disclosure Waiver: Terms and Conditions.” This document will be signed by the Director of the Bureau or by his or her designee, and by an officer of each company approved for a waiver in connection with the program. In addition, the document will: 1. Identify the company or companies that are receiving a waiver; 2. Specify the new disclosure(s) or delivery methods to be used by that company or companies under the terms of the waiver; 3. Specify the rules and statutory provisions that the Bureau will waive during the test period for the testing company or companies; 4. Specify the temporary duration of the waiver; 5. Describe and delineate the test population(s); and 6. Specify any other conditions on the effectiveness of the waiver, such as the terms of testing, data sharing, certification of compliance with the terms of the waiver, and/or public disclosure. D. Bureau Disclosure of Information Regarding Trial Programs The Bureau will publish notice on its Web site of any trial disclosure program that it approves for a waiver. The notice will:

(i)Identify the company or companies conducting the trial disclosure program;

(ii)summarize the changed disclosures to be used, their intended purpose, and the duration of their intended use;

(iii)summarize the scope of the waiver and the Bureau's reasons for granting it; and

(iv)state that the waiver only applies to the testing company or companies in accordance with the approved terms of use. Public disclosure of any other information regarding trial programs is governed by the Bureau's Rule on Disclosure of Records and Information. 22 For example, the rule requires the Bureau to make available records requested by the public unless they are subject to a FOIA exemption or exclusion. 23 To the extent the Bureau wishes to disclose information regarding trial programs, the terms of such disclosure will be included in the 1032(e) Trial Disclosure Waiver: Terms and Conditions document. Consistent with applicable law and its own rules, the Bureau will not seek to disclose any test data that would conflict with consumers' privacy interests. 22 *See* 12 CFR 1070 *et seq.* 23 *See* 12 CFR 1070.14. Dated: October 23, 2013. Christopher D'Angelo, Chief of Staff, Bureau of Consumer Financial Protection. [FR Doc. 2013-25580 Filed 10-28-13; 8:45 am]

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