Unknown. Final rule; official interpretations

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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-2016-04-28.xml --- 81 82 Thursday, April 28, 2016 Contents Agriculture Agriculture Department See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements: United States v. Leucadia National Corp., 25420-25425 2016-09915 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Consumer Financial Protection Laws:

Finalization of Interim Final Rules, 25323-25326 2016-09431 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: FY 2017 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements, 25498-25538 2016-09631 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25406-25407 2016-09953 Children Children and Families Administration NOTICES Single-Source Expansion Supplement Grants: National Domestic Violence Hotline, 25407-25408 2016-09925 Coast Guard Coast Guard RULES Safety Zones:

Eighth Coast Guard District Annual Safety Zones: Pittsburgh Pirates Fireworks, Allegheny River Mile 0.2 to 0.8, Pittsburgh, PA, 25339 2016-09990 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25390-25391 2016-09954 Drug Drug Enforcement Administration NOTICES Decisions and Orders:

Abolghasem Rezaei, M.D., 25425-25427 2016-09973 Education Department Education Department RULES Final Priorities, Requirements, Definitions, and Selection Criteria--Performance Partnership Pilots for Disconnected Youth, 25339-25355 2016-09749 Employee Benefits Employee Benefits Security Administration NOTICES Proposed Exemptions from Certain Prohibited Transaction Restrictions, 25432-25446 2016-09946 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Filing of Self-Certification of Coal Capability under the Powerplant and Industrial Fuel Use Act, 25391 2016-10013 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Georgia; Infrastructure Requirements for the Sulfur Dioxide National Ambient Air Quality Standard, 25355-25356 2016-09861 NOTICES Adequacy Determination for the Medford, Oregon Carbon Monoxide State Implementation Plan for Transportation Conformity Purposes, 25394-25395 2016-09968 Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2017 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification, 25398-25399 2016-10007 Comment Request;

NESHAP for Primary Magnesium Refining, 25393 2016-09894 NESHAP for Area Sources: Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals—Zinc, Cadmium, and Beryllium; Renewal, 25402 2016-09895 NESHAP for Chemical Preparations Industry, 25399-25400 2016-09904 NESHAP for Prepared Feeds Manufacturing; Renewal, 25394 2016-09903 NESHAP for Taconite Iron Ore Processing; Renewal, 25396-25397 2016-09893 NSPS for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction or Modification Commenced After June 11, 1973 and Prior to May 19, 1978 (Renewal), 25395-25396 2016-09889 Reporting and Recordkeeping Requirements of the HCFC Allowance System;

Renewal, 25400-25401 2016-09890 Ambient Air Monitoring Reference and Equivalent Methods: Designation of Three New Reference Methods and Three New Equivalent Methods, 25397-25398 2016-10006 Pesticide Product Registrations: Receipt of Application for New Active Ingredient, 25401-25402 2016-09966 Settlements under CERCLA: Forshaw Chemicals Superfund Site; Charlotte, Mecklenburg County, NC, 25393-25394 2016-09998 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace:

Deer Lodge MT; Correction, 25326 2016-09699 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 25357-25363 2016-09643 2016-09647 NOTICES Meetings: Research, Engineering and Development Advisory Committee, 25484 2016-10010 Reduction of Remote Communications Outlets Used by Flight Service Stations in the Conterminous United States, 25484-25486 2016-09992 Federal Communications Federal Communications Commission NOTICES Meetings: Federal Communications Commission, 25402-25403 2016-09929 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 25403-25404 2016-10088 2016-10089 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Energy Resources USA, Inc., 25392 2016-09937 Turners Falls Hydro, LLC, 25391-25392 2016-09935 Preliminary Permit Applications: Energy Resources USA, Inc., 25392-25393 2016-09936 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25486 2016-09944 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 25404 2016-09996 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea; Public Listening Sessions, 25366-25368 2016-09911 NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 25486-25493 2016-09910 Federal Railroad Federal Railroad Administration PROPOSED RULES Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea;

Public Listening Sessions, 25366-25368 2016-09911 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 25404-25405 2016-09920 2016-09942 Meetings; Sunshine Act, 25404-25405 2016-10026 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration for Importation or Exportation of Fish or Wildlife, 25417-25418 2016-09952 Environmental Impact Statements;

Availability, etc.: MidAmerican Wind Energy Habitat Conservation Plan, 25414-25417 2016-09945 Food and Drug Food and Drug Administration RULES Foreign Supplier Verification Programs for Importers of Food for Humans and Animals; Technical Amendment, 25326-25328 2016-09784 New Animal Drugs: Approval of New Animal Drug Applications; Changes of Sponsorship; Correction, 25328 2016-09865 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Postmarket Surveillance, 25409-25411 2016-09940 Guidance for Industry and Staff:

Crabmeat--Fresh and Frozen--Adulteration with Filth, Involving the Presence of Escherichia coli, 25408-25409 2016-09951 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Subzones: Foreign-Trade Zone 186; Waterville, Maine, 25374-25375 2016-09964 Applications for Reorganization/Expansion under Alternative Site Framework: Foreign-Trade Zone 229;Charleston, West Virginia, 25374 2016-09965 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Simplifying Federal Award Reporting, 25405-25406 2016-09912 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service Homeland Homeland Security Department See Coast Guard See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fair Housing Initiatives Program Grant Application and Monitoring Reports, 25413-25414 2016-09961 Extension of Time for Completion of Manufacturer Corrections Approved Under a Waiver of a Plan for Notification, 25412-25413 2016-09962 2016-09963 Indian Health Indian Health Service NOTICES American Indians into Nursing Program; Correction, 25411 2016-09939 Information Information Security Oversight Office NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 25446 2016-09991 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service RULES Section 6708 Failure to Maintain List of Advisees with Respect to Reportable Transactions, 25328-25339 2016-09765 Suspension of Benefits under the Multiemployer Pension Reform Act of 2014, 25540-25573 2016-09888 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 25376-25377, 25382 2016-09926 2016-09927 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from People's Republic of China, 25383-25386 2016-09882 Magnesium Metal from the People's Republic of China, 25386-25388 2016-09884 Steel Wire Garment Hangers from the Socialist Republic of Vietnam, 25375 2016-09880 Less-Than-Fair-Value Investigations: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China, 25377-25382 2016-09881 Opportunity for U.S.

Companies to Submit Smart City Products, Services, and Capabilities for Showcasing as Export Listings in the Upcoming Smart Cities, Regions and Communities; Global Tools of Engagement, 25388-25389 2016-09883 Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States, 25375-25376 2016-09887 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration See Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Tax Exempt Transfer and Registration of Firearm; ATF Form 5 5320.5, 25430 2016-09876 Application for Tax Paid Transfer and Registration of Firearm; ATF Form 4 5320.4, 25428-25429 2016-09875 Application to Make and Register a Firearm; ATF Form 1 5320.1, 25427-25428 2016-09874 National Firearms Act

(NFA)Responsible Person Questionnaire; ATF Form 5320.23, 25429-25430 2016-09877 Proposed Consent Decrees under CERCLA, 25429 2016-09918 Justice Programs Justice Programs Office NOTICES Body Worn Camera Technologies Market Survey, 25430-25432 2016-09958 Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Plats of Survey: Nebraska, 25419 2016-09957 Nevada, 25418 2016-09933 National Archives National Archives and Records Administration See Information Security Oversight Office National Credit National Credit Union Administration NOTICES Grant Program Access for Credit Unions, 25446-25448 2016-09913 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Fishing Seasons for Red Snapper in the Gulf of Mexico, 25583-25584 2016-09907 Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Amendment 28, 25576-25583 2016-09892 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Marine Recreational Information Program Fishing Effort Survey, 25389-25390 2016-09948 Meetings: Fisheries of the Exclusive Economic Zone off Alaska; Stock Assessment of Alaska Sablefish; Peer Review, 25389 2016-09908 Navy Navy Department NOTICES Intents to Grant Exclusive Patent Licenses: IRFlex Corp., 25391 2016-09956 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Confirmatory Orders: Entergy Nuclear Operations, Inc.; Entergy Operations, Inc.; and Entergy Nuclear Generation Co., 25450-25454 2016-09841 Direct Transfers of Licenses; Orders: FirstEnergy Nuclear Generation, LLC, and Ohio Edison Co.; Perry Nuclear Power Plant, Unit 1, 25448-25450 2016-09984 Meetings: Advisory Committee on Reactor Safeguards on Reliability and PRA, 25454 2016-09885 Natural Resources Office of Natural Resources Revenue NOTICES Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production in Designated Areas Not Associated with an Index Zone, 25419-25420 2016-09905 Temporary Physical Address Change for General Ledger Team, 25420 2016-09906 Pension Benefit Pension Benefit Guaranty Corporation PROPOSED RULES Payment of Premiums; Late Payment Penalty Relief, 25363-25366 2016-09960 Rural Business Rural Business-Cooperative Service NOTICES Privacy Act; Systems of Records: Rural Development-1 Current or Prospective Producers or Landowners, Applicants, Borrowers, Grantees, Tenants, and Other Participants in RD Programs, 25369-25374 2016-09938 Rural Housing Service Rural Housing Service NOTICES Privacy Act; Systems of Records: Rural Development-1 Current or Prospective Producers or Landowners, Applicants, Borrowers, Grantees, Tenants, and Other Participants in RD Programs, 25369-25374 2016-09938 Rural Utilities Rural Utilities Service NOTICES Privacy Act; Systems of Records: Rural Development-1 Current or Prospective Producers or Landowners, Applicants, Borrowers, Grantees, Tenants, and Other Participants in RD Programs, 25369-25374 2016-09938 Securities Securities and Exchange Commission NOTICES Applications: Security-Based Swap Data Repositories; ICE Trade Vault, LLC, 25475-25483 2016-09931 Orders: Review of Financial Accounting Standards Board Accounting Support Fee, 25454-25455 2016-09930 Self-Regulatory Organizations; Proposed Rule Changes: Bats EDGX Exchange, Inc., 25462-25464 2016-09899 BOX Options Exchange, LLC, 25455-25456, 25460-25462, 25473-25475 2016-09900 2016-09901 2016-09902 NASDAQ PHLX, LLC, 25457-25460, 25464-25467 2016-09896 2016-09898 NASDAQ Stock Market, LLC, 25464, 25467-25473 C1--2016--07937 2016-09897 Trading Suspension Orders: Valentine Beauty Inc., 25454 2016-10031 State Department State Department NOTICES Charter Renewals: International Communications and Information Policy, 25483 2016-09976 Meetings: Fine Arts Committee, 25483 2016-09974 Surface Transportation Surface Transportation Board NOTICES Sublease and Operation Exemptions: Finger Lakes Railway Corp.; Cayuga County Industrial Development Agency, Onondaga County Industrial Development Agency, et al., 25483-25484 2016-09950 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25493-25494 2016-09943 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25411-25412 2016-09934 Veteran Affairs Veterans Affairs Department NOTICES Requests for Nominations: Advisory Committee on Minority Veterans, 25494-25495 2016-09921 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 25498-25538 2016-09631 Part III Treasury Department, Internal Revenue Service, 25540-25573 2016-09888 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 25576-25584 2016-09907 2016-09892 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 82 Thursday, April 28, 2016 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Parts 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1022, 1024, 1026, and 1030 RIN 3170-AA06 Finalization of Interim Final Rules (Subject to Any Intervening Amendments) Under Consumer Financial Protection Laws AGENCY: Bureau of Consumer Financial Protection. ACTION: Final rule; official interpretations. SUMMARY: Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) transferred rulemaking authority for a number of consumer financial protection laws from seven Federal agencies to the Bureau of Consumer Financial Protection (Bureau) as of July 21, 2011. In December 2011, the Bureau republished the existing regulations implementing those laws, as previously adopted by the seven predecessor agencies, as interim final rules (December 2011 IFRs) with technical and conforming changes to reflect the transfer of authority and certain other changes made by the Dodd-Frank Act. The December 2011 IFRs did not impose any new substantive obligations on persons subject to the existing regulations. This final rule adopts the December 2011 IFRs as final, subject to any intervening final rules published by the Bureau. DATES: This final rule is effective April 28, 2016. FOR FURTHER INFORMATION CONTACT: Kristen Phinnessee, Counsel, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at

(202)435-7700. SUPPLEMENTARY INFORMATION: I. Background and Summary of the Final Rule In response to an unprecedented cycle of expansion and contraction in the mortgage market that sparked the most severe U.S. recession since the Great Depression, Congress passed the Dodd-Frank Act, which was signed into law on July 21, 2010. In the Dodd-Frank Act, Congress established the Bureau and generally consolidated the rulemaking authority for Federal consumer financial laws in the Bureau. 1 Title X of the Dodd-Frank Act transferred rulemaking authority for a number of consumer financial protection laws from seven Federal agencies to the Bureau as of July 21, 2011. These included the Consumer Leasing Act (CLA), the Electronic Fund Transfer Act (except with respect to section 920) (EFTA), the Equal Credit Opportunity Act (ECOA), the Fair Credit Reporting Act (except with respect to sections 615(e) and 628) (FCRA), the Fair Debt Collection Practices Act (FDCPA), Subsections

(b)through

(f)of section 43 of the Federal Deposit Insurance Act (FDIA), sections 502 through 509 of the Gramm-Leach-Bliley Act (except for section 505 as it applies to section 501(b)) (GLBA), the Home Mortgage Disclosure Act (HMDA), the Real Estate Settlement Procedures Act of 1974 (RESPA), the S.A.F.E. Mortgage Licensing Act of 2008 (SAFE), the Truth in Lending Act (TILA), the Truth in Savings Act (TISA), section 626 of the Omnibus Appropriations Act, 2009 (MAP and MARS), and the Interstate Land Sales Full Disclosure Act

(ILSA)(together, the 14 Acts). 1 *See, e.g.,* sections 1011 and 1021 of the Dodd-Frank Act, 12 U.S.C. 5491 and 5511 (establishing and setting forth the purpose, objectives, and functions of the Bureau); section 1061 of the Dodd-Frank Act, 12 U.S.C. 5581 (consolidating certain rulemaking authority for Federal consumer financial laws in the Bureau). From December 16-27, 2011, the Bureau republished in the **Federal Register** the regulations implementing the 14 Acts as new parts of title 12 of the Code of Federal Regulations, through interim final rules, with only certain technical and conforming changes to reflect the transfer of authority and certain other changes made by the Dodd-Frank Act (the December 2011 IFRs). The December 2011 IFRs did not impose any new substantive obligations on persons subject to the existing regulations. The final rule adopts the December 2011 IFRs with no changes, subject to any intervening final rules published by the Bureau. II. Summary of the Rulemaking Process On December 16, 19-22, and 27, 2011, the Bureau published in the **Federal Register** its interim final rules adopting certain regulations implementing a number of consumer financial protection laws transferred to the Bureau by title X of the Dodd-Frank Act. 2 The comment periods closed on various dates from February 14-27, 2012. In response to the December 2011 IFRs, the Bureau received over 100 comments from consumer groups, creditors, industry trade associations, and others. As discussed in more detail below, the Bureau has considered these comments in adopting this final rule. 2 76 FR 78121 (Dec. 16, 2011), 76 FR 78126 (Dec. 16, 2011), 76 FR 78130 (Dec. 16, 2011), 76 FR 78465 (Dec. 19, 2011), 76 FR 78483 (Dec. 19, 2011), 76 FR 78500 (Dec. 19, 2011), 76 FR 78978 (Dec. 20, 2011), 76 FR 79025 (Dec. 21, 2011), 76 FR 79276 (Dec. 21, 2011), 76 FR 79308 (Dec. 21, 2011), 76 FR 79442 (Dec. 21, 2011), 76 FR 79486 (Dec. 21, 2011), 76 FR 79768 (Dec. 22, 2011), and 76 FR 81020 (Dec. 27, 2011). III. Legal Authority The Bureau is issuing this final rule pursuant to its authority under the 14 Acts and the Dodd-Frank Act. Effective July 21, 2011, section 1061 of the Dodd-Frank Act transferred to the Bureau the “consumer financial protection functions” previously vested in certain other Federal agencies. The term “consumer financial protection functions” is defined to include “all authority to prescribe rules or issue orders or guidelines pursuant to any Federal consumer financial law, including performing appropriate functions to promulgate and review such rules, orders, and guidelines.” 3 The 14 Acts are all Federal consumer financial laws. 4 Accordingly, effective July 21, 2011, except with respect to persons excluded from the Bureau's rulemaking authority by section 1029 of the Dodd-Frank Act, the authority to issue regulations pursuant to the 14 Acts transferred to the Bureau. 5 3 Public Law 111-203, section 1061(a)(1). Effective on the designated transfer date, July 21, 2011, the Bureau was also granted “all powers and duties” vested in each of the Federal agencies, relating to the consumer financial protection functions, on the day before the designated transfer date. 4 Public Law 111-203, section 1002(14) (defining “Federal consumer financial law” to include the “enumerated consumer laws”); *id.* section 1002(12) (defining “enumerated consumer laws” to include the 14 Acts). 5 *See also* 15 U.S.C. 1691b; 12 U.S.C. 2804; 15 U.S.C. 1693b; 15 U.S.C. 1692l; 12 U.S.C. 5106-5108; 12 U.S.C. 1831t(c), 1831t(d); 15 U.S.C. 1718; 15 U.S.C. 1667f; Public Law 111-8, section 626, 123 Stat. 524, as amended by Public Law 111-24, section 511, 123 Stat. 1734; 15 U.S.C. 6804(a)(1)(A); 15 U.S.C. 1681s(e); 12 U.S.C. 2603-2605, 2607, 2609, 2617; 12 U.S.C. 2601, 2603-2605, 2607, 2609, 2617, 3353, 5511, 5512, 5532, 5581; 15 U.S.C. 1604(a); 12 U.S.C. 4308. IV. Summary of Comments to the December 2011 Interim Final Rules As noted above, the Bureau received over 100 comments in response to the issuance of the December 2011 IFRs. The comments generally fall into four broad categories. First, a number of comments discussed possible typographical, grammatical, or similar errors in the underlying regulations as they were originally adopted by the predecessor agencies and then restated by the Bureau. Second, a number of comments discussed the fact that, with the change in codification, existing internet links across a range of Web pages to the original citations in the electronic Code of Federal Regulations would become obsolete. Third, a number of comments asked the Bureau to confirm that it is bound by existing informal advisory opinions issued by predecessor agencies. Fourth, a number of comments urged that the Bureau make various substantive changes to the regulations adopted by the December 2011 IFRs. The Bureau has considered all of the comments received and has decided to adopt the December 2011 IFRs as final without change, subject to any intervening final rules published by the Bureau. The purpose of this notice is strictly to finalize the December 2011 IFRs; as any potential typographical errors do not change the meaning of the regulations, possible typographical, grammatical, or similar errors in the original regulations may be addressed in subsequent rulemakings. Similarly, substantive changes to the regulations adopted by the December 2011 IFRs have been, and may further be, addressed in subsequent rulemakings. Further, although it is regrettable that existing internet links may have become obsolete because of the changes in codification, the Bureau believes that such issues most likely have been overcome over the approximately four years since the Bureau adopted the December 2011 IFRs by changes made to the old links. In any event, the Bureau was charged by Congress with conducting certain rulemakings, and it was necessary for the Bureau to put in place its own regulations in order to do so. Lastly, with regard to the treatment of informal advisory opinions issued by predecessor agencies, the Bureau had addressed the issue prior to the December 2011 IFRs. Section 1063(i) of the Dodd-Frank Act required the Bureau to identify the rules and orders that would be transferred to the Bureau from each transferor agency. On July 21, 2011, the Bureau published in the **Federal Register** the identification of enforceable rules and orders. 6 In this notice, the Bureau published a list of rules that will be enforceable by the Bureau and also noted that it “will give due consideration to the application of other written guidance, interpretations, and policy statements issued prior to July 21, 2011, by a transferor agency in light of all relevant factors . . .”. 7 6 76 FR 43569 (July 21, 2011). 7 *Id.,* at 43570. V. Dodd Frank Act Section 1022(b) Analysis In developing the final rule, the Bureau has considered potential benefits, costs, and impacts. 8 In addition, the Bureau has consulted, or offered to consult with, the prudential regulators, the Securities and Exchange Commission, the Department of Housing and Urban Development, the Federal Housing Finance Agency, the Federal Trade Commission, and the Department of the Treasury, including regarding consistency with any prudential, market, or systemic objectives administered by such agencies. 8 Section 1022(b)(2)(A) of the Dodd-Frank Act requires the Bureau to consider the potential benefits and costs of regulation to consumers and covered persons, including the potential reduction of access by consumers to consumer financial products or services; the impact on depository institutions and credit unions with $10 billion or less in total assets as described in section 1026 of the Dodd-Frank Act; and the impact on consumers in rural areas. Section 1022(b)(2)(B) requires that the Bureau “consult with the appropriate prudential regulators or other Federal agencies prior to proposing a rule and during the comment process regarding consistency with prudential, market, or systemic objectives administered by such agencies.” This rule adopts the December 2011 IFRs with no changes, subject to any intervening final rules published by the Bureau. The rule will not impose any new substantive obligations on consumers or covered persons and is not expected to have any impact on consumers' access to consumer financial products and services. As a general matter, the final rule does not impose additional reporting, disclosure, or other requirements beyond those previously in existence. The Bureau has chosen to evaluate the benefits, costs and impacts of the final rule against the current state of the world, which takes into account the current regulatory regime. The Bureau is not aware of any significant benefits or costs to consumers or covered persons associated with the final rule relative to the baseline. Because the final rule adopts no changes to any of the subject regulations, which are already in place as a consequence of the December 2011 IFRs, there is no practical impact on consumers or covered persons. The final rules will have no unique impact on depository institutions or credit unions with $10 billion or less in assets as described in section 1026(a) of the Dodd-Frank Act. Also, the final rules will have no unique impact on rural consumers. VI. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires each agency to consider the potential impact of its regulations on small entities, including small businesses, small governmental units, and small not-for-profit organizations. 9 The RFA generally requires an agency to conduct an initial regulatory flexibility analysis

(IRFA)and a final regulatory flexibility analysis

(FRFA)of any rule subject to notice-and-comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. 10 The Bureau also is subject to certain additional procedures under the RFA involving the convening of a panel to consult with small business representatives prior to proposing a rule for which an IRFA is required. 11 9 5 U.S.C. 601-612. 10 5 U.S.C. 603, 604. 11 5 U.S.C. 609. The IRFA and FRFA requirements described above apply only where a notice of proposed rulemaking is required, 12 and the panel requirement applies only when a rulemaking requires an IRFA. 13 The Bureau concluded that a notice of proposed rulemaking was not required for the December 2011 IFRs. This final rule adopts the December 2011 IFRs as final, except to the extent they have been amended in subsequent rulemakings. Therefore, a FRFA is not required. 12 5 U.S.C. 603(a), 604(a); 5 U.S.C. 553(b). 13 5 U.S.C. 609(b). VII. Paperwork Reduction Act According to the Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3501, *et seq.* ) the Bureau may not conduct or sponsor and, notwithstanding any other provision of law, a respondent is not required to respond to an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. This rule contains no new or revised information collection requirements. The Bureau's OMB control numbers for the information collections in the respective existing regulations are as follows: Regulation OMB Control No. Regulation B 3170-0013. Regulation C 3170-0008. Regulation E 3170-0014. Regulation F 3170-0056. Regulations G & H Regulation G: 3170-0005. Regulation H: Not applicable. 14 Regulation I 3170-0062. Regulations J, K, & L 3170-0012. Regulation M 3170-0006. Regulation N 3170-0009. Regulation O 3170-0007. Regulation P 3170-0010. Regulation V 3170-0002. Regulation X 3170-0016. Regulation Z 3170-0015. Regulation DD 3170-0004. 14 Regulation H contains no information collections requiring approval under the PRA. List of Subjects 12 CFR Part 1002 Aged, Banking, Banks, Civil rights, Consumer protection, Credit, Credit unions, Discrimination, Fair lending, Marital status discrimination, National banks, National origin discrimination, Penalties, Race discrimination, Religious discrimination, Reporting and recordkeeping requirements, Savings associations, Sex discrimination. 12 CFR Part 1003 Banking, Banks, Credit unions, Mortgages, National banks, Savings associations, Reporting and recordkeeping requirements. 12 CFR Part 1005 Automated teller machines, Banking, Banks, Consumer protection, Credit unions, Electronic fund transfers, National banks, Remittance transfers, Reporting and recordkeeping requirements, Savings associations. 12 CFR Part 1006 Administrative practice and procedure, Consumer protection, Credit, Intergovernmental relations. 12 CFR Parts 1007 and 1008 Accounting, Administrative practice and procedure, Advertising, Agriculture, Bank deposit insurance, Banking, Banks, Confidential business information, Conflict of interests, Consumer protection, Credit unions, Crime, Currency, Exports, Foreign banking, Grant programs—housing and community development, Holding companies, Insurance, Investments, Loan programs—housing and community development, Licensing, Mortgages, National banks, Penalties, Registration, Reporting and recordkeeping requirements, Rural areas, Savings associations, Securities, Surety bonds. 12 CFR Part 1009 Credit unions, Depository institutions, Federal Deposit Insurance Act, Federal Trade Commission Act, Federal deposit insurance. 12 CFR Parts 1010, 1011, and 1012 Adjudicatory proceedings, Advertising disclaimers, Certification of substantially equivalent state law, Filing assistance, Land registration, Reporting requirements, Purchasers' revocation rights, Unlawful sales practices. 12 CFR Part 1013 Advertising, Consumer leasing, Reporting and recordkeeping requirements, Truth in lending. 12 CFR Parts 1014 and 1015 Advertising, Business practices related to mortgage loans, Communications, Consumer protection, Credit, Mortgages, Telemarketing, Trade practices. 12 CFR Part 1016 Banking, Banks, Consumer protection, Credit, Credit unions, Foreign banking, Holding companies, National banks, Privacy, Reporting and recordkeeping requirements, Savings associations, Trade practices. 12 CFR Part 1022 Banking, Banks, Consumer protection, Credit unions, Fair Credit Reporting Act, Holding companies, National banks, Privacy, Reporting and recordkeeping requirements, Savings associations, State member banks. 12 CFR Part 1024 Condominiums, Consumer protection, Housing, Insurance, Mortgagees, Mortgages, Mortgage servicing, Reporting and recordkeeping requirements. 12 CFR Part 1026 Advertising, Appraisal, Appraiser, Banking, Banks, Consumer protection, Credit, Credit unions, Mortgages, National banks, Reporting and recordkeeping requirements, Savings associations, Truth in lending. 12 CFR Part 1030 Advertising, Banking, Banks, Consumer protection, National banks, Reporting and recordkeeping requirements, Savings associations, Truth in savings. Authority and Issuance For the foregoing reasons, the Bureau adopts as final the December 2011 IFRs, excluding the listed related amendments, as follows: A. 76 FR 79442 (Dec. 21, 2011), as amended by 78 FR 7216 (Jan. 31, 2013), and 78 FR 60382 (Oct. 1, 2013); B. 76 FR 78465 (Dec. 19, 2011), as amended by 77 FR 8721 (Feb. 15, 2012), 77 FR 76839 (Dec. 31, 2012), 78 FR 79285 (Dec. 30, 2013), 79 FR 77854 (Dec. 29, 2014), 80 FR 66128 (Oct. 28, 2015), 80 FR 69567 (Nov. 10, 2015), and 80 FR 79673 (Dec. 23, 2015); C. 76 FR 81020 (Dec. 27, 2011), as amended by 77 FR 6194 (Feb. 7, 2012), 77 FR 40459 (July 10, 2012), 77 FR 50244 (Aug. 20, 2012), 78 FR 6025 (Jan. 29, 2013), 78 FR 18221 (Mar. 26, 2013), 78 FR 30662 (May 22, 2013), 78 FR 49365 (Aug. 14, 2013), and 79 FR 55970 (Sept. 18, 2014); D. 76 FR 78121 (Dec. 16, 2011); E. 76 FR 78483 (Dec. 19, 2011); F. 76 FR 78126 (Dec. 16, 2011); G. 76 FR 79486 (Dec. 21, 2011), as amended by 77 FR 26154 (May 3, 2012); H. 76 FR 78500 (Dec. 19, 2011), as amended by 76 FR 81789 (Dec. 29, 2011), 77 FR 69735 (Nov. 21, 2012), 78 FR 70193 (Nov. 25, 2013), 79 FR 56482 (Sept. 22, 2014), and 80 FR 73945 (Nov. 27, 2015); I. 76 FR 78130 (Dec. 16, 2011); J. 76 FR 79025 (Dec. 21, 2011), as amended by 79 FR 64057 (Oct. 28, 2014); K. 76 FR 79308 (Dec. 21, 2011), as amended by 77 FR 67744 (Nov. 14, 2012); L. 76 FR 78978 (Dec. 20, 2011), as amended by 78 FR 6856 (Jan. 31, 2013), 78 FR 10696 (Feb. 14, 2013), 78 FR 44686 (July 24, 2013), 78 FR 60382 (Oct. 1, 2013), 78 FR 62993 (Oct. 23, 2013), 78 FR 68343 (Nov. 14, 2013), 78 FR 79730 (Dec. 31, 2013), 80 FR 8767 (Feb.19, 2015), 80 FR 22091 (Apr. 21, 2015), 80 FR 43911 (July 24, 2015), 80 FR 80228 (Dec. 24, 2015), and 81 FR 7032 (Feb. 10, 2016); M. 76 FR 79768 (Dec. 22, 2011), as amended by 77 FR 69736 (Nov. 21, 2012), 77 FR 69738 (Nov. 21, 2012), 77 FR 70105 (Nov. 23, 2012), 78 FR 4726 (Jan. 22, 2013), 78 FR 6408 (Jan. 30, 2013), 78 FR 6856 (Jan. 31, 2013), 78 FR 10368 (Feb. 13, 2013), 78 FR 10902 (Feb. 14, 2013), 78 FR 11280 (Feb. 15, 2013), 78 FR 18795 (Mar. 28, 2013), 78 FR 25818 (May 3, 2013), 78 FR 30739 (May 23, 2013), 78 FR 32547 (May 31, 2013), 78 FR 35430 (June 12, 2013), 78 FR 44686 (July 24, 2013), 78 FR 45842 (July 30, 2013), 78 FR 60382 (Oct. 1, 2013), 78 FR 62993 (Oct. 23, 2013), 78 FR 70194 (Nov. 25, 2013), 78 FR 76033 (Dec. 16, 2013), 78 FR 78520 (Dec. 26, 2013), 78 FR 79286 (Dec. 30, 2013), 78 FR 79730 (Dec. 31, 2013), 79 FR 41631 (July 17, 2014), 79 FR 48015 (Aug. 15, 2014), 79 FR 56483 (Sept. 22, 2014), 79 FR 65300 (Nov. 3, 2014), 79 FR 77855 (Dec. 29, 2014), 79 FR 78296 (Dec. 30, 2014), 80 FR 8767 (Feb. 19, 2015), 80 FR 21153 (Apr. 17, 2015), 80 FR 22091 (Apr. 21, 2015), 80 FR 32658 (June 9, 2015), 80 FR 43911 (July 24, 2015), 80 FR 56895 (Sept. 21, 2015), 80 FR 59944 (Oct. 2, 2015), 80 FR 73943 (Nov. 27, 2015), 80 FR 73947 (Nov. 27, 2015), 80 FR 79674 (Dec. 23, 2015), 80 FR 80228 (Dec. 24, 2015), 81 FR 7032 (Feb. 10, 2016), and 81 FR 16074 (Mar. 25, 2016); and N. 76 FR 79276 (Dec. 21, 2011). Dated: April 12, 2016. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2016-09431 Filed 4-27-16; 8:45 am]

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U.S. Code