Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-04-21.xml --- 80 76 Tuesday, April 21, 2015 Contents Army Army Department NOTICES Exclusive Patent Licenses: Hydro-Quebec; Montreal, Canada, 22169 2015-09170 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Homeownership Counseling Organizations Lists and High-Cost Mortgage Counseling Interpretive Rule, 22091-22094 2015-09244 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22168-22169 2015-09251 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Current Population Survey; School Enrollment Supplement, 22163 2015-09071 Management and Organizational Practices Survey, 22162-22163 2015-09234 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22192-22199 2015-09191 2015-09085 2015-09086 2015-09087 2015-09088 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel;

Corrections, 22196 2015-09083 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 22194-22195 2015-09084 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22200-22201 2015-09189 2015-09192 Awards of Single-Source Expansion Supplement Grants: Tribal Maternal, Infant and Early Childhood Home Visiting Program, 22199-22200 2015-09074 Coast Guard Coast Guard RULES Drawbridge Operations:

Mantua Creek, Paulsboro, NJ, 22097-22100 2015-09038 Taylor Bayou Outfall Canal (Joint Outfall Canal), TX, 22101-22103 2015-09037 York River, Yorktown and Gloucester Point, VA, 22100-22101 2015-09039 Evaluating Sea Service Aboard Liftboats, 22118-22119 2015-09052 Safety Zones: Cincinnati Reds Season Fireworks; Ohio River Mile 470.1-470.4; Cincinnati, OH, 22103 2015-09279 Fireworks Events in Captain of the Port New York Zone, 22105-22106 2015-09040 Great Steam Boat Race/Kentucky Derby Festival, Louisville, KY, 22097 2015-09277 Xterra Swim, Myrtle Beach, SC, 22103-22105 2015-09047 PROPOSED RULES Safety Zones:

Block Island Wind Farm; Rhode Island Sound, RI, 22144-22147 2015-09036 Low Country Splash, Wando River, Cooper River, and Charleston Harbor, Charleston, SC, 22142-22144 2015-09048 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Federal Acquisition Regulation; Progress Payments, 22191 2015-09240 Charter Renewals: Department of Defense Federal Advisory Committees, 22169-22170 2015-09182 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Grants under the Native American-Serving Nontribal Institutions Program, 22170 2015-09175 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: North Carolina; Charlotte; Base Year Emissions Inventory and Emissions Statement for the 2008 8-Hour Ozone Standard, 22107-22111 2015-09050 Pennsylvania; Redesignation Request and Associated Maintenance Plan for the PA Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard, 22112-22115 2015-09005 Rhode Island; Prevention of Significant Deterioration, 22106-22107 2015-09017 National Emission Standards for Hazardous Air Pollutants:

Oklahoma; Delegation of Authority, 22115 2015-09201 Source Categories; CFR Correction, 22116 2015-09202 Sulfur Dioxide Allowance System; CFR Correction, 22116 2015-09232 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: North Carolina; Charlotte; Base Year Emissions Inventory and Emissions Statement Requirements for the 2008 8-Hour Ozone Standard, 22147-22148 2015-09049 NOTICES Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations:

Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Ozone Protection Program, 22176-22186 2015-09242 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 22094-22096 2015-08718 Restricted Area Boundary Descriptions: Joint Base Lewis-McChord, WA; Amendment, 22096-22097 2015-09075 PROPOSED RULES Airworthiness Directives: GE Aviation Czech s.r.o.

Turboprop Engines, 22136-22137 2015-09002 Pratt and Whitney Turbofan Engines, 22140-22142 2015-08995 Rolls-Royce plc Turbofan Engines, 22137-22140 2015-09001 NOTICES Meetings: Radio Technical Commission for Aeronautics Tactical Operations Committee, 22258 2015-09076 Requests to Release Airport Properties: Colonel James Jabara Airport, Wichita, KS, 22257 2015-09073 Surplus Property Releases: Jack Edwards Airport, Gulf Shores, AL, 22257-22258 2015-09203 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 22116-22118 2015-09257 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Integrated Public Alert and Warning Systems Memorandum of Agreement Applications, 22215-22216 2015-09252 Write Your Own Company Participation Criteria; New Applicant, 22216-22217 2015-09255 Meetings: Board of Visitors for the National Fire Academy, 22214-22215 2015-09259 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 22172-22176 2015-09041 2015-09042 2015-09043 2015-09177 2015-09178 Filings: Emera Maine, 22171 2015-09179 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Blue Sky West, LLC, 22171-22172 2015-09045 North Star Solar, LLC, 22175 2015-09180 Triton Energy, Inc., 22176 2015-09044 Records Governing Off-the-Record Communications, 22171 2015-09046 Federal Highway Federal Highway Administration NOTICES Environmental Assessments/Impact Statements; Availability, etc.: Proposed Highway Project in Pierce County, WA, 22258-22259 2015-09096 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications:

Implantable Cardioverter Defibrillators, 22259-22261 2015-09068 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Board Approval under Delegated Authority and Submission to the Office of Management and Budget, 22186-22189 2015-09193 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 22189 2015-09020 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 22186 2015-09021 Formations of, Acquisitions by, and Mergers of Bank Holding Companies;

Correction, 22189 2015-09185 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 22189-22190 2015-09019 2015-09184 Financial Stability Financial Stability Oversight Council NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22190-22191 2015-09145 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments and Listing of Ingredients in Tobacco Products, 22202-22204 2015-09092 Guidance:

Acceptance of Medical Device Clinical Data from Studies Conducted Outside the United States, 22205-22206 2015-09176 Meetings: Generic Drug User Fees, 22204-22205 2015-09091 Requests for Nominations: Allergenic Products Advisory Committee, 22201-22202 2015-09082 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Progress Payments, 22191 2015-09240 Service Contract Inventories;

FY 2014, 22191-22192 2015-09230 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Deliberation and Bioethics Education, 22209 2015-09172 Meetings: National Committee on Vital and Health Statistics Subcommittee on Privacy, Confidentiality and Security, 22209-22210 2015-09187 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22207-22209 2015-09079 Meetings: National Advisory Committee on Rural Health and Human Services, 22206-22207 2015-09080 National Advisory Council on the National Health Service Corps, 22207 2015-09078 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Family Unification Program, 22218-22220 2015-09256 Procedures for Appealing Rent Adjustments, 22220-22221 2015-09258 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Licensing Responsibilities and Enforcement, 22163-22164 2015-09095 Interior Interior Department See Land Management Bureau See National Park Service NOTICES Meetings: Invasive Species Advisory Committee, 22221 2015-09054 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China; Antidumping Duty New Shipper Review, 22164-22165 2015-09206 Laminated Woven Sacks from the People's Republic of China; Antidumping Duty Administrative Review; 2013-2014, 22165-22167 2015-09229 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Multiple Sale or Other Disposition of Pistols and Revolvers, 22222-22223 2015-09196 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau PROPOSED RULES Oil and Gas Leasing:

Royalty on Production, Rental Payments, Minimum Acceptable Bids, Bonding Requirements, and Civil Penalty Assessments, 22148-22156 2015-09033 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Progress Payments, 22191 2015-09240 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22261-22263 2015-09081 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Online Process to Study the Prevalence of Drugged Driving in the U.S.: Development of the Drugged Driving Reporting System, 22210-22211 2015-09089 Prostate, Lung, Colorectal and Ovarian Cancer Screening Trial, 22211-22212 2015-09090 Meetings: Center for Scientific Review, 22213 2015-09059 2015-09060 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 22212-22214 2015-09057 2015-09058 National Institute of Dental and Craniofacial Research, 22213-22214 2015-09063 National Institute of Environmental Health Sciences, 22211 2015-09061 National Institute on Aging, 22212 2015-09062 National Library of Medicine, 22212 2015-09056 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Sea Scallop Fishery and Northeast Multispecies Fishery; Framework Adjustment 26; Endangered and Threatened Wildlife; Sea Turtle Conservation, 22119-22135 2015-09199 Fisheries off West Coast States: Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Catch Monitor Program; Observer Program, 22270-22302 2015-08814 PROPOSED RULES Endangered and Threatened Species: Humpback Whale (Megaptera novaeangliae); Identification of 14 Distinct Population Segments and Revision of Species-wide Listing, 22304-22356 2015-09010 Fisheries Off West Coast States:

Highly Migratory Species Fisheries, 22156-22158 2015-09093 Pacific Island Fisheries: Main Hawaiian Islands Deep 7 Bottomfish; Annual Catch Limits and Accountability Measures, 22158-22161 2015-09055 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NOAA Satellite Ground Station Customer Questionnaire, 22167 2015-09173 Meetings: Western Pacific Fishery Management Council, 22167-22168 2015-09195 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Channel Islands National Park General Management Plan/Wilderness Study, Santa Barbara County, CA, 22221-22222 2015-09107 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications: Northwest Medical Isotopes, LLC, 22227-22228 2015-09273 Atomic Safety and Licensing Board Reconstitution: Crow Butte Resources, Inc., 22231 2015-09261 Environmental Impact Statements; Availability, etc.: Bell Bend Nuclear Power Plant, 22231-22232 2015-09274 Facility Operating Licenses:

Brunswick Steam Electric Plant, Units 1 and 2; Transfer of Licenses and Conforming Amendment, 22228-22231 2015-09278 License Transfers: Shearon Harris Nuclear Power Plant, Unit 1, 22224-22227 2015-09262 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Plans, 22223-22224 2015-09077 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pipeline Safety, 22263 2015-09094 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 22232-22233 2015-09031 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS China; Proposed Agreement for Cooperation With the U.S. Concerning Peaceful Uses of Nuclear Energy (Presidential Determination) No. 2015-05 of April 10, 2015, 22089 2015-09367 National Defense Authorization Act for Fiscal Year 2015; Delegation of Authority (Memorandum of March 25, 2015), 22087 2015-09363 Reagan-Udall Reagan-Udall Foundation NOTICES Meetings, 22233 2015-09072 Securities Securities and Exchange Commission NOTICES Applications:

Voya Retirement Insurance and Annuity Co.; et al., 22245-22249 2015-09067 Meetings; Sunshine Act, 22254 2015-09320 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 22251-22254 2015-09069 Financial Industry Regulatory Authority, Inc., 22243-22245 2015-09070 NASDAQ Stock Market LLC, 22249-22251 2015-09064 NYSE Arca, Inc., 22234-22243 2015-09065 2015-09066 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22254 2015-09205 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disaster Survey Worksheet, 22255 2015-09190 Disaster Declaration: Massachusetts, 22255-22256 2015-09104 Rhode Island, 22254-22255 2015-09105 Interest Rates; Correction, 22256 2015-09106 Small Business Investment Act, Conflicts of Interest; Exemptions: Midwest Mezzanine Fund V SBIC, L.P., 22256 2015-09101 Surrender of License of Small Business Investment Company, 22255 2015-09099 State Department State Department NOTICES Charter Renewals:

U.S. Advisory Commission on Public Diplomacy, 22256 2015-09210 Meetings: Advisory Committee on Private International Law; Insolvency-Related Judgments and Enterprise Group Insolvency Issues, 22256-22257 2015-09215 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Transportation Statistics Bureau NOTICES Meetings:

Advisory Council on Transportation Statistics, 22263-22264 2015-09097 Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Extension of Credit to Political Candidates, 22265-22266 2015-09194 Reporting Required for International Civil Aviation Organization, 22265 2015-09197 Submission of Audit Reports, 22264-22265 2015-09198 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Advance Permission to Enter as Nonimmigrant, 22217-22218 2015-09171 Request for Certification of Military or Naval Service; Extension, 22218 2015-09157 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on the Readjustment of Veterans, 22267-22268 2015-09183 Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 22266-22267 2015-09186 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 22270-22302 2015-08814 Part III Commerce Department, National Oceanic and Atmospheric Administration, 22304-22356 2015-09010 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. 80 76 Tuesday, April 21, 2015 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Parts 1024 and 1026 RIN 3170-AA52 Homeownership Counseling Organizations Lists and High-Cost Mortgage Counseling Interpretive Rule AGENCY:

Bureau of Consumer Financial Protection. ACTION: Final rule. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is reissuing a prior interpretive rule regarding the provision of lists of HUD-approved housing counseling agencies to mortgage loan applicants with additional interpretations describing permissible addresses for list generation, as well as additional details for generation. This interpretive rule also provides guidance, in addition to existing commentary, on the qualifications for providing high-cost mortgage counseling and on lender participation in such counseling.

This interpretive rule continues to describe data instructions for lenders to use in complying with the requirement under the High-Cost Mortgage and Homeownership Counseling Amendments to the Truth in Lending Act (Regulation Z) and Homeownership Counseling Amendments to the Real Estate Settlement Procedures Act (RESPA Homeownership Counseling Amendments) Final Rule to provide a homeownership counseling list using data made available by the Bureau or Department of Housing and Urban Development (HUD).

DATES: This rule is effective April 21, 2015. FOR FURTHER INFORMATION CONTACT: Rachel Ross, Special Assistant; Nicholas Hluchyj, Senior Counsel; Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., at

(202)435-7700. SUPPLEMENTARY INFORMATION: I. Background The Bureau previously issued an interpretive rule 1 (2013 HC Interpretive Rule) to assist lender compliance with the homeownership counseling list requirements of High-Cost Mortgage and Homeownership Counseling Amendments to the Truth in Lending Act (Regulation Z) and Homeownership Counseling Amendments to the Real Estate Settlement Procedures Act (RESPA Homeownership Counseling Amendments) Final Rule (2013 HOEPA Final Rule). Based on input the Bureau has received through informal discussion and outreach with stakeholders, the Bureau is issuing this interpretive rule, which substantively restates the guidance in the 2013 HC Interpretive Rule and adds further guidance to address additional questions stakeholders have raised. Specifically, the Bureau has received questions about:

(1)How to provide applicants abroad with homeownership counseling lists;

(2)permissible geolocation tools;

(3)combining the homeownership counseling list with other disclosures; and

(4)use of a consumer's mailing address to provide the list. The Bureau has also received questions and requests for guidance about the high-cost mortgage counseling requirements in the 2013 HOEPA Final Rule, specifically concerning counselor qualifications to provide such counseling and lender participation in high-cost mortgage counseling. 1 78 FR 68343 (Nov. 14, 2013). To facilitate compliance and make the Bureau's guidance on these questions more generally accessible, the Bureau is issuing this official Bureau interpretation to add guidance to the 2013 HC Interpretive Rule to address these additional issues. Along with the new guidance, the instructions in the 2013 HC Interpretive Rule are republished here substantively as previously issued to keep all of this related information together for the convenience of stakeholders. New material is added to parts II. B, Location by Zip Code, and D, Accompanying Information, and new parts II. E and III. are added to discuss combining the homeownership counseling list with other disclosures and high-cost mortgage counseling, respectively. 2 2 The discussion in this interpretive rule uses the terms “lender” or “creditor,” as appropriate. Part II, which addresses Regulation X, uses the term “lender” consistent with Regulation X. Part III, which addresses Regulation Z, uses the term “creditor” consistent with Regulation Z. In January 2013, pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Public Law 111-203, 124 Stat. 1375 (2010), the Bureau issued the 2013 HOEPA Final Rule. 3 The 2013 HOEPA Final Rule implemented numerous Dodd-Frank Act requirements. Section 1450 of the Dodd-Frank Act amended section 5(c) of the Real Estate Settlement Procedures Act (RESPA) to require lenders to provide federally related mortgage loan applicants with a “reasonably complete or updated list of homeownership counselors who are certified pursuant to section 106(e) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(e)) and located in the area of the lender.” 4 The RESPA Homeownership Counseling Amendments implement this section 1450 amendment in Regulation X § 1024.20(a). 3 78 FR 6855 (Jan. 31, 2013). 4 Section 106(e) of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701x(e), requires that homeownership counseling provided under programs administered by HUD can be provided only by organizations or individuals certified by HUD as competent to provide homeownership counseling. Section 106(e) also requires HUD to establish standards and procedures for testing and certifying counselors. In implementing this Dodd-Frank Act requirement, § 1024.20(a)(1) requires lenders to provide the loan applicant with a written list of homeownership counseling organizations that provide relevant services in the loan applicant's location. The Bureau specified two compliance methods for obtaining this list:

(1)Using a tool developed and maintained by the Bureau on its Web site, 5 or

(2)using data made available by the Bureau or HUD, provided that the data are used in accordance with instructions provided with the data. 6 The Bureau noted the use of the data in accordance with these instructions would produce a list consistent with what would have been generated if the tool had been used. 7 This rule interprets § 1024.20(a)(1) of Regulation X, as adopted by the RESPA Homeownership Counseling Amendments, and describes those data instructions. 5 *See www.consumerfinance.gov/find-a-housing-counselor.* 6 These two pathways are specified in § 1024.20(a)(1)(i) and (ii), respectively. 7 78 FR 6865 (Jan. 31, 2013). The Bureau's tool, as discussed in § 1024.20(a)(1)(i), follows these data instructions. II. List and Data Instructions This rule interprets the Regulation X § 1024.20(a)(1) requirement for lenders to provide a list of homeownership counseling organizations and to obtain the list from data made available by the Bureau or HUD, provided the data are used in accordance with instructions provided with the data. 8 This rule describes instructions for lenders to use in complying with the § 1024.20(a)(1)(ii) requirement to generate a list of homeownership counseling organizations by using data provided by the Bureau or HUD. 8 RESPA and § 1024.20(a)(1) refer to counseling entities as Homeownership Counseling Organizations. HUD refers to them as HUD-approved Housing Counseling Agencies. Homeownership Counseling Organizations as referred to in § 1024.20(a)(1) and this rule are HUD-approved Housing Counseling Agencies. HUD currently provides the data needed to comply with the Regulation X § 1024.20(a)(1) list requirement. HUD maintains a free and publicly available application programming interface

(API)containing data on HUD-approved housing counseling agencies (HUD API). Although it appears on this site that a token is required to use the data, credentials are not required to access and use the data. These data instructions are designed to be applied with publicly available homeownership counselor agency data from HUD, 9 as referenced in § 1024.20(a)(1)(ii). The Bureau also has a summary of the data instructions available on the Bureau's Web site, along with a link to the publicly available housing counseling agency data. 10 9 Available at: *http://data.hud.gov/housing_counseling.html* . 10 Summary of Data instructions available at *http://files.consumerfinance.gov/f/201311_cfpb_summary_homeownership-counseling.pdf.* Homeownership Counseling Organization data is available at *http://data.hud.gov/housing_counseling.html* . A. Number of Homeownership Counselors To Appear on List Regulation X § 1024.20(a)(1) requires lenders to provide a written list of homeownership counseling organizations. Consistent with § 1024.20(a)(1), lenders comply with this requirement when they provide a list of ten HUD-approved housing counseling agencies. The tool maintained by the Bureau will generate a list of ten HUD-approved housing counseling agencies. A lender-generated list under § 1024.20(a)(1)(ii) complies with § 1024.20(a)(1) when the same number of counseling agencies are provided. Listing ten housing counseling agencies ensures fairness and equity among housing counseling agencies, by offering loan applicants a thorough and diverse list of counseling options. B. Location by Zip Code Regulation X 1024.20(a)(1) requires lenders to provide a written list of homeownership counseling organizations in the loan applicant's location. As the Bureau discussed in the RESPA Homeownership Counseling Amendments, lenders comply with § 1024.20(a)(1) when they use the loan applicant's five-digit zip code to generate a list of the ten closest HUD-approved housing counseling agencies to the centroid of the zip code of the loan applicant's current address, in descending order of proximity to the centroid. Lenders are also permitted to generate the list from a more precise geographic marker, such as a street address. The loan applicant's current zip code satisfies the requirement that the homeownership counseling organizations be in the loan applicant's location. The zip code of the loan applicant's current address generally is the default to be entered for list generation, subject to additional guidance below concerning use of the loan applicant's mailing address and circumstances where a zip code is not available. Lenders may offer loan applicants the option of generating the list from a zip code different than their home address or from a more precise geographic marker such as a street address, but lenders are not required to offer such an option. The Bureau's tool will permit generating the list of HUD-approved housing counseling agencies through entry of zip code. A lender-generated list pursuant to § 1024.20(a)(1)(ii) complies with § 1024.20(a)(1) when the lender generates the list through entry of zip code or from a more precise geographic marker such as a street address. Lenders generating a list pursuant to § 1024.20(a)(1)(ii) through zip code or from a more precise geographic marker such as a street address will ensure that lists generated under this provision are obtained through similar means as those generated through the Bureau's tool, pursuant to § 1024.20(a)(1)(i), thus ensuring consistency. In circumstances where the applicant's current address does not include a five-digit zip code, *e.g.,* the applicant currently lives overseas, making it impossible to generate a list based on the zip code of the applicant's current address, the lender may use the five-digit zip code of the property securing the mortgage to generate the list. Additionally, there may be circumstances where an applicant's current and mailing addresses are different. For example, an applicant residing in a remote area may receive mail at a post office box. In the case in which an applicant's current and mailing address are different, a lender using an applicant's mailing address instead of the current address to generate the list would be consistent with the requirement that the list be generated based upon the loan applicant's location. Consistent with the previous paragraph, a lender may also use an applicant's mailing address to generate a list if the mailing address includes a zip code but the current address does not. The Bureau's tool, as discussed in § 1024.20(a)(1)(i) and above, uses a third-party, commercially-available geolocation tool to match counseling organizations to a zip code. A lender is not required to use the same geolocator or geocoding system as the Bureau, so long as the results are generated in accordance with § 1024.20 and these instructions, thus ensuring general consistency. C. Homeownership Counselor Contact Information Regulation X § 1024.20(a)(1) requires lenders to provide a written list of homeownership counseling organizations that provide relevant services in the loan applicant's location. Consistent with § 1024.20(a)(1), lenders comply when they provide the following data fields for each housing counseling agency on the list to the extent that they are available through the HUD API: Agency name, phone number, street address, street address continued, city, state, zip code, Web site URL, email address, counseling services provided, and languages spoken. Providing a street address is preferable to providing a mailing address, as available. The tool maintained by the Bureau will provide these data fields to the extent that they are available through the HUD API. A lender-generated list under § 1024.20(a)(1)(ii) complies with § 1024.20(a)(1) when these data fields are provided to the extent that they are available through the HUD API. The table below describes how the HUD API data fields relate to the above required data fields: Data element required for list for each agency HUD API field name HUD field definition Example Agency name nme Agency name “Local Counseling Agency” Phone number phone1 Phone number “555-555-5555” Street address adr1 Street Address “1234 Main Street” Street address continued adr2 Street Address continued City city City “Anytown” State statecd Code for state in which agency is located “PA” Zip code zipcd Zip Code “12345” Website URL weburl Agency Web Site address “ *http://www.counselor.org* ” Email address email Email address “ *counselor@counselor.org* ” Counseling services provided Services Types of Counseling Services available “DFC, FBC, FHW, HIC, HMC, NDW, PLW, PPC, PPW, RHC” 11 Languages spoken languages The languages in which agency provides services “ENG” Data fields that are populated with codes not commonly understood by loan applicants, including the data fields “Counseling services provided” and “Languages spoken,” should be translated into their definitional meanings, according to the Data Dictionary, 7 to ensure clarity. 11 A data dictionary for the Field “Services” can be found at *http://data.hud.gov/Housing_Counselor/getServices,* and a data dictionary for “Languages” can be found at *http://data.hud.gov/Housing_Counselor/getLanguages.* D. Accompanying Information Lenders comply with Regulation X § 1024.20(a)(1) when the following language is included: “The counseling agencies on this list are approved by the U.S. Department of Housing and Urban Development (HUD), and they can offer independent advice about whether a particular set of mortgage loan terms is a good fit based on your objectives and circumstances, often at little or no cost to you. This list shows you several approved agencies in your area. You can find other approved counseling agencies at the Consumer Financial Protection Bureau's

(CFPB)Web site: *consumerfinance.gov/mortgagehelp* or by calling 1-855-411-CFPB (2372). You can also access a list of nationwide HUD-approved counseling intermediaries at *http://portal.hud.gov/hudportal/HUD?src=/ohc_nint* .” Including information about where loan applicants can gain additional information is consistent with the Bureau's preamble discussion of how it envisioned implementing the § 1024.20(a)(1) list requirement in the RESPA Homeownership Counseling Amendments. 12 Giving loan applicants the link to HUD-approved national counseling intermediaries offers loan applicants additional housing counseling options, as national intermediaries often offer phone counseling and online counseling services, which are particularly useful to loan applicants in remote areas or areas with fewer counseling agencies or loan applicants who work during normal business hours and require alternative meeting time options. The Bureau's tool will generate lists under § 1024.20(a)(1)(i) that include this text above. By including this information, lenders generating lists under § 1024.20(a)(1)(ii) will comply with § 1024.20(a)(1). This will ensure that information provided under this provision is consistent with information accompanying lists generated by the Bureau's Web site, thus ensuring consistency. 12 See 78 FR 6855 (Jan. 31, 2013) (“The Bureau anticipates the lists generated through its tool will also include information enabling the consumer to access the Bureau or HUD list of homeownership counseling organizations, so that an applicant who receives the list can obtain information about additional counseling organizations if desired.”). E. Combining the List With Other Disclosures. Section 5(c) of RESPA does not specify whether the written list may be combined with other disclosures. In the 2013 HOEPA Final Rule, the Bureau noted it did not receive any comments concerning the ability to combine disclosures. The Bureau finalized the combined disclosure allowance in § 1024.20(a)(2), which provides that the “list of homeownership counseling organizations provided under this section may be combined and provided with other mortgage loan disclosures required pursuant to Regulation Z, 12 CFR part 1026, or this part [1024] unless prohibited by Regulation Z or this part.” Since the 2013 HOEPA Final Rule went into effect, the Bureau has received questions as to whether the list of counseling organizations may be combined with other disclosures besides those required pursuant to Regulations X and Z. Although only disclosures pursuant to Regulations X and Z are specifically referenced in the rule, the Bureau does not consider combining the list of organizations with other mortgage loan disclosures to be a violation of § 1024.20(a), unless otherwise prohibited. As long as the other requirements of § 1024.20(a) are met, and if not otherwise prohibited, combining the list with another disclosure does not violate the rule. III. High-Cost Mortgage Counseling This rule also interprets the Regulation Z § 1026.34(a)(5) pre-loan counseling requirement for high-cost mortgages. Specifically, this rule clarifies the qualifications necessary to provide high-cost mortgage counseling and to provide guidance on the issue of lender participation in the counseling. A. Counseling Qualifications Regulation Z § 1026.34(a)(5)(i) provides that a creditor “shall not extend a high-cost mortgage to a consumer unless the creditor receives written certification that the consumer has obtained counseling on the advisability of the mortgage from a counselor that is approved to provide such counseling by the Secretary of the U.S. Department of Housing and Urban Development or, if permitted by the Secretary, by a State housing finance authority.” The Bureau has heard informally that there has been some concern among creditors and counselors regarding both the necessary qualifications for providing high-cost mortgage counseling and what constitutes “high-cost mortgage counseling.” Regulation Z comment 34(a)(5)(iv)-1 describes what is necessary for a consumer to have received counseling on the advisability of the high-cost mortgage. The counseling must cover: “key terms of the mortgage transaction” as set out in the relevant disclosure (usually the Good Faith Estimate or, after August 1, 2015, the Loan Estimate); “the consumer's budget, including the consumer's income, assets, financial obligations, and expenses; . . . and the affordability of the mortgage transaction for the consumer.” The Bureau understands that these topics are currently covered by counseling agencies approved by HUD in providing counseling to prospective borrowers. As stated in the preamble for the 2013 HOEPA Final Rule, “HUD already requires counselors to analyze the financial situation of their clients and establish a household budget for their clients when providing housing counseling.” 13 To the extent that a counselor from a HUD-approved counseling agency covers the matters described in comment 34(a)(5)(iv)-1, the counseling requirement of § 1026.34(a)(5)(i) is met. Unless and until HUD limits the current scope of counseling in some way that would not include elements of the comment, counseling agencies that are already approved by HUD to offer homeownership counseling are also qualified to provide the counseling required for high-cost mortgages, provided such counseling does indeed cover the topics prescribed by comment 34(a)(5)(iv)-1. Further, the Bureau encourages creditors, counselors, and consumers to facilitate provision of the required counseling as early as feasible in the loan application process to help ensure the consumer ultimately makes an informed and considered decision. 13 78 FR 6931 (Jan. 31, 2013). B. Lender Participation The Bureau has also received information that consumers may be receiving high-cost mortgage counseling by telephone in a creditor's office while the creditor is present and listening-in. Such listening in may be objectionable by certain counselors, as it could diminish the quality of counseling. In the 2013 HOEPA Final Rule, the Bureau expressed a desire to implement the counseling requirement in a way that “ensures that borrowers will receive meaningful counseling, and at the same time that the required counseling can be provided in a manner that minimizes operational challenges.” 14 The Bureau added an anti-steering provision to the counseling requirement in § 1026.34(a)(5)(vi) that provides that a creditor “shall not steer or otherwise direct a consumer to choose a particular counselor or counseling organization for the counseling required. . . .” 15 The 2013 HOEPA Final Rule described the rationale behind this provision as “preserv[ing] counselor independence and prevent[ing] conflicts of interest that may arise. . .”. 16 14 78 FR 6928 (Jan. 31, 2013). 15 12 CFR 1026.34(a)(5)(vi). 16 78 FR 6933 (Jan. 31, 2013). Consistent with the purpose of the high-cost mortgage counseling requirement and with the anti-steering provision at § 1026.34(a)(5)(vi) in particular, the Bureau is issuing this interpretive rule, in part, to clarify that a creditor may be steering, that is directing, if the creditor insists on participating or listening in to a counseling call or session if such behavior results in a consumer's selection of a particular counselor. Under these circumstances, creditors comply with the anti-steering provision if a counselor is allowed to request that the creditor not participate or listen on the call. A counselor also is allowed to request that a creditor participate in a call or a portion of a call. For example, a counselor may request that a creditor participate in part of the counseling session to provide additional information related to the loan. The Bureau believes that counselor independence and impartiality, which the anti-steering provision seeks to preserve, may be adversely affected by a concern that another counselor may be selected or the content of the counseling influenced if the counselor requests that the creditor not listen to the counseling and the creditor does not agree. Counselor independence and impartiality may also be compromised by the knowledge that the creditor is listening-in to the advice given. Moreover, creditor participation in such conversations may influence loan applicants away from a full and frank conversation with an independent and impartial counselor, thus undermining the purpose of the rule. IV. Regulatory Requirements This rule articulates the Bureau's official interpretations of the Bureau's Regulation X and Regulation Z. It is therefore exempt from the APA's notice and comment rulemaking requirements pursuant to 5 U.S.C. 553(b). Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). The Bureau has determined that this rule does not impose any new or revise any existing recordkeeping, reporting, or disclosure requirements on covered entities or members of the public that would be collections of information requiring OMB approval under the Paperwork Reduction Act, 44 U.S.C. 3501, *et seq.* The RESPA requirements under Regulation X that lenders provide loan applicants with a written list of homeownership counseling organizations in the loan applicants' location are currently approved by OMB and assigned the OMB control number 3170-0025. The related TILA requirements are approved under OMB control number 3170-0023. Generally, the collections of information contained in Regulation X are assigned the OMB control number 3170-0016, and the collections of information contained in Regulation Z are assigned the OMB control number 3170-0015. Dated: April 15, 2015. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2015-09244 Filed 4-20-15; 8:45 am]

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