Unknown. Interim final rule with request for public comment

7,696 words·~35 min read·/register/2017/10/16/2017-21912

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-2017-10-16.xml --- 82 198 Monday, October 16, 2017 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Determination of Highly Pathogenic Avian Influenza and Newcastle Disease Status of Japan, 48050-48051 2017-22382 Bonneville Bonneville Power Administration NOTICES Records of Decisions: Electrical Interconnection of Vantage to Pomona Heights Transmission Line Project, 48069 2017-22046 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Mortgage Servicing Rules Under Real Estate Settlement Procedures Act (Regulation X), 47953-47958 2017-21912 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48087-48089 2017-22317 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of National Tobacco Prevention and Control Public Education Campaign; Correction, 48089 2017-22256 Guidance: Application of Biological Monitoring Methods for Chemical Exposures in Occupational Health, 48087 2017-22342 Performance Review Board Members, 48087 2017-22282 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48089-48090 2017-22294 Civil Rights Civil Rights Commission NOTICES Meetings: Kansas Advisory Committee, 48051 2017-22265 Coast Guard Coast Guard RULES Alternative Planning Criteria National Guidelines, 47975-47981 2017-22333 Drawbridge Operations: Cerritos Channel, Long Beach, CA, 47974-47975 2017-22293 Grand Lake, Calcasieu Parish, LA, 47975 2017-22292 NOTICES Meetings: Navigation Safety Advisory Council, 48106-48107 2017-22291 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Community Development Community Development Financial Institutions Fund NOTICES Meetings:

Community Development Advisory Board, 48152-48153 2017-22278 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48066 2017-22321 Meetings: Defense Innovation Board, 48066-48067 2017-22367 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Placement of AB-CHMINACA, AB-PINACA and THJ-2201 Into Schedule I, 47971-47974 2017-22325 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Comprehensive Transition Program for Disbursing Title IV Aid to Students With Intellectual Disabilities Expenditure Report, 48068-48069 2017-22308 Student Assistance General Provision—Subpart I—Immigration Status Confirmation, 48067-48068 2017-22307 Third Party Servicer Data Collection, 48068 2017-22306 Energy Department Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission NOTICES Filing of Self-Certification of Coal Capability Under Powerplant and Industrial Fuel Use Act;

Certification Notice-250, 48069-48070 2017-22314 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Florida; Interstate Transport (Prongs 1 and 2) for 2010 1-hour NO <sup>2</sup> Standard, 47983-47985 2017-22229 Georgia; New Source Review and Permitting Updates, 47992-47993 2017-22251 Georgia; New Source Review Updates, 47993-47996 2017-22250 Pennsylvania; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions From Miscellaneous Metal Parts Surface Coating, etc., 47988-47992 2017-22241 Virginia;

Amendment to Ambient Air Quality Standard for Ozone, 47985-47988 2017-22243 West Virginia; 2015 Ozone National Ambient Air Quality Standards, 47981-47983 2017-22254 National Emission Standards for Hazardous Air Pollutants: Nutritional Yeast Manufacturing Residual Risk and Technology Review, 48156-48187 2017-21937 Pesticide Tolerances: Fenpicoxamid, 47996-48000 2017-22357 Triflumezopyrim, 48000-48005 2017-22356 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Ohio; Regional Haze Five-Year Progress Report State Implementation Plan, 48030-48033 2017-22230 Pennsylvania; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions From Miscellaneous Metal Parts Surface Coating, etc., 48034-48035 2017-22240 Virginia; Amendment to Ambient Air Quality Standard for Ozone, 48035 2017-22242 West Virginia; 2015 Ozone National Ambient Air Quality Standards, 48033-48034 2017-22255 Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources:

Electric Utility Generating Units, 48035-48049 2017-22349 NOTICES Access to Confidential Business Information: Patriot, LLC and Its Identified Subcontractor, Vision Technologies, Inc., 48074-48075 2017-22366 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Engines—Supplemental Information Related to Exhaust Emissions, 48074 2017-22355 Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium Under the Safe Drinking Water Act, 48077-48078 2017-22350 National Volatile Organic Compound Emission Standards for Architectural Coatings, 48076-48077 2017-22330 Toxic Substances Control Act:

Receipt of Information, 48075-48076 2017-22369 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48078-48079 2017-22297 2017-22298 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace: Clarinda, IA, 47962-47964 2017-22234 Hebron, NE, 47961-47962 2017-22236 Amendment of Restricted Areas: R-3004A and R-3004B and Establishment of R-3004C; Fort Gordon, GA, 47964-47965 R1--2017--20435 Class E Airspace;

Amendments: Canadian and Wheeler, TX, 47959-47960 2017-22232 Establishment of Class E Airspace: Onida, SD, 47960-47961 2017-22238 PROPOSED RULES Amendment of Class E Airspace: Charles City, IA, 48010-48011 2017-22233 Amendment of VOR Federal Airways V-20, V-31, V-33, V-308, and V-433; Revocation of V-379: Vicinity of Nottingham, MD, 48011-48013 2017-22235 NOTICES Petitions for Exemptions; Summaries: Boeing Co., 48147-48148 2017-22376 Federal Communications Federal Communications Commission RULES Procedures for Commission Review of State Opt-Out Request From FirstNet Radio Access Network, 48005-48006 2017-22339 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48079-48080 2017-22340 2017-22341 Federal Deposit Federal Deposit Insurance Corporation NOTICES Receiverships; Terminations: 10401; Blue Ridge Savings Bank, Inc.; Asheville, NC, 48080-48081 2017-22290 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Grid Reliability and Resilience Pricing, 48013 2017-22215 NOTICES Combined Filings, 48070-48073 2017-22274 2017-22276 2017-22277 2017-22279 2017-22280 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

SEMASS Partnership, 48071 2017-22275 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions: Illinois; Proposed Transportation Project, 48148 2017-22176 Federal Railroad Federal Railroad Administration NOTICES Meetings: Railroad Safety Advisory Committee, 48148-48149 2017-22368 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 48081 2017-22353 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 48081 2017-22354 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 48081 2017-22487 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48081-48087 2017-22334 2017-22335 Food and Drug Food and Drug Administration RULES Medical Devices: Gastroenterology-Urology Devices; Classification of Enzyme Packed Cartridge, 47969-47971 2017-22286 Immunology and Microbiology Devices; Classification of Automated Image Assessment System for Microbial Colonies on Solid Culture Media, 47967-47969 2017-22305 Immunology and Microbiology Devices;

Classification of Nucleic Acid-Based Device for Amplification, Detection, and Identification of Microbial Pathogens Directly From Whole Blood Specimens, 47965-47967 2017-22287 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Channels of Trade Policy for Commodities With Residues of Pesticide Chemicals, for Which Tolerances Have Been Revoked, Suspended, or Modified, etc., 48095-48096 2017-22285 Guidance for Industry on Fees for Human Drug Compounding Outsourcing Facilities Under Federal Food, Drug, and Cosmetic Act, 48090-48092 2017-22283 Guidance for Industry on Registration of Human Drug Compounding Outsourcing Facilities Under Section 503B of Federal Food, Drug, and Cosmetic Act, 48092-48093 2017-22284 Medical Devices;

Humanitarian Use Devices, 48096-48098 2017-22320 Guidance: Post-Complete Response Letter Meetings Between Food and Drug Administration and Abbreviated New Drug Application Applicants Under Generic Drug User Fee Act, 48093-48095 2017-22288 New Drug Applications: Department of Health and Human Services, Supply Service Center et al.; Withdrawal of Approval of 27 Abbreviated New Drug Applications; Correction, 48093 2017-22299 Requests for Nominations: Individuals and Consumer Organizations for Advisory Committees, 48098-48102 2017-22344 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 Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Committee on Heritable Disorders in Newborns and Children, 48103-48104 2017-22313 Proposed Standards for Children's Hospitals Graduate Medical Education Payment Program's Quality Bonus System, 48102-48103 2017-22381 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certificate of Degree of Indian or Alaska Native Blood, 48110-48111 2017-22302 Class III Tribal-State Gaming Compact Process, 48112 2017-22304 Reporting Systems for Demonstration Project, 48111-48112 2017-22301 Solicitation of Nominations for Advisory Board for Exceptional Children, 48109-48110 2017-22303 Interior Interior Department See Indian Affairs Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 48051-48060 2017-22327 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Advance Notification of Sunset Reviews, 48060 2017-22326 Certain Pasta From Italy, 48060-48061 2017-22328 Narrow Woven Ribbons With Woven Selvedge From Taiwan, 48061-48063 2017-22329 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From Japan and Romania, 48113 2017-22318 Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies, 48113-48115 2017-22267 Titanium Sponge From Japan and Kazakhstan, 48112-48113 2017-22266 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration Maritime Maritime Administration NOTICES Requests for Administrative Waivers of Coastwise Trade Laws:

Vessel BELLAROMA, 48150 2017-22310 Vessel CHIN CHIN, 48150-48151 2017-22311 Vessel M/V PACIFIC, 48149-48150 2017-22312 Mine Mine Safety and Health Administration NOTICES Petitions for Modifications: Affirmative Decisions, 48118-48119 2017-22271 Application of Existing Mandatory Safety Standards, 48115-48118 2017-22270 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 48123 2017-22506 National Drug National Drug Control Policy Office NOTICES Meetings:

President's Commission on Combating Drug Addiction and Opioid Crisis, 48123 2017-22343 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 48105-48106 2017-22258 National Cancer Institute, 48104-48105 2017-22245 2017-22246 National Institute of Allergy and Infectious Diseases, 48104 2017-22259 National Institute on Drug Abuse, 48105 2017-22247 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Northeast Multispecies Fishery; Trimester 2 Georges Bank Cod Total Allowable Catch Area Closure; Updated 2017 Georges Bank Cod Annual Catch Limit for Common Pool; Possession Prohibition for Common Pool Fishery, 48007-48008 2017-22347 Summer Flounder Fishery; Quota Transfer, 48008-48009 2017-22272 NOTICES Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 48063 2017-22361 Gulf of Mexico Fishery Management Council, 48065 2017-22363 New England Fishery Management Council, 48064 2017-22360 Pacific Fishery Management Council, 48063-48064 2017-22359 South Atlantic Fishery Management Council, 48065-48066 2017-22362 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 48123-48124 2017-22295 2017-22296 Fiscal Year 2016 Service Contract Inventory and Associated Documents, 48124-48125 2017-22300 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance:

Instructions for Recording and Reporting Occupational Radiation Dose Data, 48125-48126 2017-22289 Performance Review Boards for Senior Executive Service, 48126-48127 2017-22273 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48119-48122 2017-22268 2017-22269 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains, 48006-48007 2017-22281 NOTICES Meetings:

Pipeline Safety: Coastal Ecological Unusually Sensitive Areas, 48151-48152 2017-22319 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: General Pulaski Memorial Day (Proc. 9658), 48189-48192 2017-22546 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: MIAX PEARL, LLC, 48140-48144 2017-22264 Municipal Securities Rulemaking Board, 48135-48140 2017-22262 NYSE Arca, Inc., 48127-48135 2017-22263 Small Business Small Business Administration RULES Express Bridge Loan Pilot Program:

Lending Criteria, 47958-47959 2017-22385 NOTICES Disaster Declarations: Florida; Amendment 1, 48145 2017-22331 U.S. Virgin Islands; Public Assistance Only, 48144-48145 2017-22332 Secondary Market Program; Changes, 48144 2017-22466 State Department State Department NOTICES Charter Renewals: U.S. Advisory Panel to U.S. Section of North Pacific Anadromous Fish Commission, 48146 2017-22323 Culturally Significant Objects Imported for Exhibition: Veiled Meanings: Fashioning Jewish Dress from Collection of Israel Museum, Jerusalem, 48145 2017-22322 Meetings:

Advisory Committee on Private International Law; Online Dispute Resolution, 48145-48146 2017-22324 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemptions: Wisconsin Central Ltd.; Oneida and Marinette Counties, WI, 48146-48147 2017-22257 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 48147 2017-22309 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund PROPOSED RULES Second Report to the President on Identifying and Reducing Tax Regulatory Burdens, 48013-48018 2017-22205 NOTICES Meetings:

Debt Management Advisory Committee, 48153 2017-21955 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Passport and/or Visa, 48109 2017-22337 Documentation Requirements for Articles Entered under Various Special Tariff Treatment Provisions, 48107-48108 2017-22338 Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 48108-48109 2017-22336 Veteran Affairs Veterans Affairs Department PROPOSED RULES Prosthetic and Rehabilitative Items and Services, 48018-48030 2017-22358 NOTICES Employees whose Association with For-Profit Educational Institutions Poses No Detriment to Veterans, 48153-48154 2017-22352 Separate Parts In This Issue Part II Environmental Protection Agency, 48156-48187 2017-21937 Part III Presidential Documents, 48189-48192 2017-22546 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 198 Monday, October 16, 2017 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1024 [Docket No. CFPB-2017-0031] RIN 3170-AA77 Mortgage Servicing Rules Under the Real Estate Settlement Procedures Act (Regulation X) AGENCY:

Bureau of Consumer Financial Protection. ACTION: Interim final rule with request for public comment. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is issuing an interim final rule amending a provision of the Regulation X mortgage servicing rules issued in 2016 relating to the timing for servicers to provide modified written early intervention notices to borrowers who have invoked their cease communication rights under the Fair Debt Collection Practices Act. The Bureau requests public comment on this interim final rule.

DATES: This interim final rule is effective on October 19, 2017. Comments must be received on or before November 15, 2017. ADDRESSES: You may submit comments, identified by Docket No. CFPB-2017-0031 or RIN 3170-AA77, by any of the following methods: • *Email: FederalRegisterComments@cfpb.gov.* Include Docket No. CFPB-2017-0031 or RIN 3170-AA77 in the subject line of the email. • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. • *Hand Delivery/Courier:* Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. *Instructions:* All submissions should include the agency name and docket number or Regulatory Information Number

(RIN)for this rulemaking. Because paper mail in the Washington, DC area and at the Bureau is subject to delay, commenters are encouraged to submit comments electronically. In general, all comments received will be posted without change to *http://www.regulations.gov.* In addition, comments will be available for public inspection and copying at 1700 G Street NW., Washington, DC 20552, on official business days between the hours of 10 a.m. and 5:00 p.m. Eastern Time. You can make an appointment to inspect the documents by telephoning 202-435-7275. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments will not be edited to remove any identifying or contact information. FOR FURTHER INFORMATION CONTACT: Joel L. Singerman, Counsel; or William R. Corbett or Laura A. Johnson, Senior Counsels, Office of Regulations, at 202-435-7700 or *https://reginquiries.consumerfinance.gov/.* SUPPLEMENTARY INFORMATION: I. Summary of the Interim Final Rule On August 4, 2016, the Bureau issued the Amendments to the 2013 Mortgage Rules Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z) (2016 Mortgage Servicing Final Rule) amending certain of the Bureau's mortgage servicing rules. 1 The Bureau has learned, through its outreach in support of industry's implementation of the 2016 Mortgage Servicing Final Rule, that certain technical aspects of the rule relating to the timing for servicers to provide modified written early intervention notices to borrowers who have invoked their cease communication rights under the Fair Debt Collection Practices Act (FDCPA) may create unintended challenges in implementation. To alleviate any unintended challenges and facilitate timely provision of written early intervention notices to these borrowers, the Bureau is issuing this interim final rule to address the provision in Regulation X, which would otherwise become effective October 19, 2017. 2 1 81 FR 72160 (Oct. 19, 2016). 2 The Bureau is addressing in a separate proposed rule another disclosure timing provision of the 2016 Mortgage Servicing Final Rule that would otherwise become effective April 19, 2018. Among other things, the 2016 Mortgage Servicing Final Rule addresses Regulation X's provision regarding early intervention requirements when a borrower has invoked the cease communication right under the FDCPA. 3 Under that provision (and with certain exceptions not applicable here), a servicer subject to the FDCPA with respect to that borrower's loan must provide a modified written early intervention notice to that borrower on a periodic basis but is prohibited from doing so more than once during any 180-day period. 3 The provisions of Regulation X discussed herein were amended by the 2016 Mortgage Servicing Final Rule but are not effective until October 19, 2017. To simplify review of this document and differentiate between those amendments and this rule, this document generally refers to the 2016 amendments as though they already are in effect. Based on feedback received through its efforts to support industry implementation of the 2016 Mortgage Servicing Final Rule, the Bureau understands that there is concern among some servicers that this 180-day prohibition in § 1024.39(d)(3)(iii), read in conjunction with the early intervention provision's other timing requirements regarding written notices, requires servicers to provide the notice exactly on the 180th day after providing a prior notice. The Bureau did not intend this result and is concerned that the provision imposes too narrow a window for compliance and may provide insufficient guidance as to when and how servicers comply with the timing requirements under certain circumstances. Thus (and as explained in further detail below), the Bureau is issuing this interim final rule to amend § 1024.39(d)(3)(iii) to give servicers a 10-day window to provide the modified notice at the end of the 180-day period. The Bureau believes that the interim final rule provides clearer and more flexible standards than the timing requirements adopted in the 2016 Mortgage Servicing Final Rule, offering greater certainty for implementation and compliance, without undermining important borrower protections relating to early intervention. The Bureau seeks public comment on this interim final rule. II. Background A. 2016 Mortgage Servicing Final Rule and Implementation Support In August 2016, the Bureau issued the 2016 Mortgage Servicing Final Rule, which amends certain of the Bureau's mortgage servicing rules in Regulations X and Z. 4 Most of these rules become effective on October 19, 2017, except that the provisions relating to bankruptcy periodic statements and successors in interest become effective on April 19, 2018. The Bureau has worked to support implementation by providing an updated compliance guide, other implementation aids, a technical corrections final rule, 5 policy guidance regarding early compliance, 6 and informal guidance in response to regulatory inquiries. Information regarding the Bureau's implementation support initiative and available implementation resources can be found on the Bureau's regulatory implementation Web site at *https://www.consumerfinance.gov/policy-compliance/guidance/implementation-guidance/mortserv/.* Based on its ongoing outreach, the Bureau believes that industry has made substantial implementation progress regarding the 2016 Mortgage Servicing Final Rule. However, as discussed herein, the Bureau believes that a limited disclosure timing provision under Regulation X from the 2016 Mortgage Servicing Final Rule may pose unintended implementation challenges and is appropriate to address in an interim final rule before it goes into effect. 4 81 FR 72160 (Oct. 19, 2016). The amendments cover nine major topics and focus primarily on clarifying, revising, or amending provisions regarding force-placed insurance notices, policies and procedures, early intervention, and loss mitigation requirements under Regulation X's servicing provisions; and prompt crediting and periodic statement requirements under Regulation Z's servicing provisions. The amendments also address proper compliance regarding certain servicing requirements when a person is a potential or confirmed successor in interest, is a debtor in bankruptcy, or sends a cease communication request under the FDCPA. 5 Amendments to the 2013 Mortgage Rules Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z); Correction, 82 FR 30947 (July 5, 2017). 6 Policy Guidance on Supervisory and Enforcement Priorities Regarding Early Compliance With the 2016 Amendments to the 2013 Mortgage Rules Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z), 82 FR 29713 (June 30, 2017). B. Purpose and Scope of Interim Final Rule As a result of feedback and questions received from servicers, the Bureau has decided to issue an interim final rule amending Regulation X relating to the timing for servicers to provide modified written early intervention notices to borrowers who have invoked their cease communication rights under the FDCPA. The Bureau believes this interim final rule provides clearer and more flexible standards than the timing requirements adopted in the 2016 Mortgage Servicing Final Rule, offering greater certainty for implementation and compliance, while also not undermining borrower protections. III. Legal Authority The Bureau is issuing this interim final rule pursuant to its authority under RESPA and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), 7 including the authorities discussed below. This interim final rule amends a provision previously adopted by the Bureau in the 2016 Mortgage Servicing Final Rule. In doing so, the Bureau relied on one or more of the authorities discussed below, as well as other authority. The Bureau is issuing this interim final rule in reliance on the same authority and for the same reasons relied on in adopting the relevant provisions of the 2016 Mortgage Servicing Final Rule, as discussed in detail in the Legal Authority and Section-by-Section Analysis parts of the 2016 Mortgage Servicing Final Rule. 7 Public Law 111-203, 1245 Stat. 11376 (2010). A. RESPA Section 19(a) of RESPA, 12 U.S.C. 2617(a), authorizes the Bureau to prescribe such rules and regulations, to make such interpretations, and to grant such reasonable exemptions for classes of transactions, as may be necessary to achieve the purposes of RESPA, which include its consumer protection purposes. In addition, section 6(j)(3) of RESPA, 12 U.S.C. 2605(j)(3), authorizes the Bureau to establish any requirements necessary to carry out section 6 of RESPA, and section 6(k)(1)(E) of RESPA, 12 U.S.C. 2605(k)(1)(E), authorizes the Bureau to prescribe regulations that are appropriate to carry out RESPA's consumer protection purposes. The amendments or clarifications to Regulation X in the interim final rule are intended to achieve some or all these purposes. B. The Dodd-Frank Act Section 1022(b)(1) of the Dodd-Frank Act, 12 U.S.C. 5512(b)(1), authorizes the Bureau to prescribe rules “as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of the Federal consumer financial laws, and to prevent evasions thereof.” RESPA and title X of the Dodd-Frank Act are Federal consumer financial laws. Section 1032(a) of the Dodd-Frank Act, 12 U.S.C. 5532(a), provides that the Bureau “may prescribe rules to ensure that the features of any consumer financial product or service, both initially and over the term of the product or service, are fully, accurately, and effectively disclosed to consumers in a manner that permits consumers to understand the costs, benefits, and risks associated with the product or service, in light of the facts and circumstances.” The authority granted to the Bureau in section 1032(a) of the Dodd-Frank Act is broad and empowers the Bureau to prescribe rules regarding the disclosure of the “features” of consumer financial products and services generally. Accordingly, the Bureau may prescribe rules containing disclosure requirements even if other Federal consumer financial laws do not specifically require disclosure of such features. Section 1032(c) of the Dodd-Frank Act, 12 U.S.C. 5532(c), provides that, in prescribing rules pursuant to section 1032 of the Dodd-Frank Act, the Bureau “shall consider available evidence about consumer awareness, understanding of, and responses to disclosures or communications about the risks, costs, and benefits of consumer financial products or services.” Accordingly, in issuing the interim final rule to amend provisions authorized under section 1032(a) of the Dodd-Frank Act, the Bureau has considered available studies, reports, and other evidence about consumer awareness, understanding of, and responses to disclosures or communications about the risks, costs, and benefits of consumer financial products or services. IV. Administrative Procedure Act To the extent that notice and comment would otherwise be required, the Bureau finds that there is good cause to publish this interim final rule without notice and comment and for the rule to be effective less than 30 days after publication. *See* 5 U.S.C. 553(b)(3)(B), (d)(3). As explained elsewhere in this rule, the Bureau has heard concerns from servicers that the 180-day prohibition in current § 1024.39(d)(3)(iii) requires them to provide the modified early intervention notice to delinquent borrowers who have invoked their right to cease communication under the FDCPA exactly on the 180th day after providing a prior notice. The Bureau did not intend this result and is concerned that current § 1024.39(d)(3)(iii) imposes too narrow a window for compliance and could cause legal risk for servicers, particularly when the 180th day falls on a Saturday, Sunday, or public holiday. This interim final rule amends § 1024.39(d)(3)(iii) to give servicers a 10-day window to provide the modified notice at the end of the 180-day period. The Bureau believes that this amendment will offer greater certainty for implementation and compliance, while also not undermining borrower protections. The Bureau finds that it would be impracticable to provide notice and comment before finalizing this rule because § 1024.39(d)(3)(iii) would otherwise become effective on October 19, 2017, and could cause unintended challenges in the implementation of the notice requirement. For similar reasons, the Bureau finds that it is impracticable to provide a 30-day period between publication of this rule and its effective date. The Bureau is requesting comment on this rule. Based on any comments received (and mindful of the need to avoid market disruption), the Bureau will consider whether to revisit this rule. V. Section-by-Section Analysis A. Regulation X Section 1024.39 Early Intervention Requirements for Certain Borrowers 39(d) Fair Debt Collection Practices Act—Partial Exemption 39(d)(3). In this interim final rule, the Bureau is amending § 1024.39(d)(3)(iii) to specify in more detail when a servicer must provide the modified written early intervention notice, as required by § 1024.39(b) and (d), at the end of the 180-day period after the servicer provided a prior written notice. In general, § 1024.39(d) provides a partial exemption from the early intervention requirements for servicers that are subject to the FDCPA with respect to borrowers who have invoked their cease communication rights pursuant to section 805(c) of the FDCPA. 8 Section 1024.39(d)(3) requires servicers to provide a modified written early intervention notice to those borrowers under certain circumstances, but § 1024.39(d)(3)(iii) prohibits a servicer from providing the modified notice more than once during any 180-day period. As revised under this interim final rule, § 1024.39(d)(3)(iii) gives servicers a 10-day window to provide the required notices at the end of the 180-day period. In particular, revised § 1024.39(d)(3)(iii) retains the 180-day prohibition and also specifies:

(1)If a borrower is 45 days or more delinquent at the end of any 180-day period after the servicer has provided the written notice, a servicer must provide the written notice again no later than 190 days after the provision of the prior written notice, and

(2)if a borrower is less than 45 days delinquent at the end of any 180-day period after the servicer has provided the written notice, a servicer must provide the written notice again no later than 45 days after the payment due date for which the borrower remains delinquent or 190 days after the provision of the prior written notice, whichever is later. 8 This section-by-section analysis discusses § 1024.39(d) generally in terms of a borrower's cease communication notification and its effect on a servicer's obligations under the early intervention requirements, but the provision applies equally to a borrower's notice to the servicer that the borrower refuses to pay a debt. *See* FDCPA section 805(c) (“If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt . . . .”). Section 1024.39(b) generally requires that a servicer provide a written early intervention notice prior to the 45th day of delinquency, and again no later than 45 days after each payment due date so long as the borrower remains delinquent. Section 1024.39(b) further provides that a servicer is not required to provide a notice more than once in any 180-day period, but also that a servicer must provide the written notice no more than 180 days after the servicer has previously provided the notice if the borrower remains delinquent and is 45 days or more delinquent at the end of the 180-day period. Among other things, § 1024.39(d) modifies the timing requirements for providing the written notice required by § 1024.39(b) when a borrower has invoked the cease communication right under the FDCPA. Under § 1024.39(d)(2), a servicer subject to the FDCPA with respect to that borrower's loan is exempt from the written notice requirements of § 1024.39(b), but only if no loss mitigation option is available, or while any borrower on that mortgage loan is a debtor in bankruptcy. If neither of those conditions is met, § 1024.39(d)(3) provides that the servicer must comply with the written notice requirements of § 1024.39(b), as modified by § 1024.39(d)(3)(i) through (iii). 9 The relevant provision for purposes of this interim final rule is § 1024.39(d)(3)(iii), which prohibits a servicer from providing the written notice more than once during any 180-day period. In the preamble to the 2016 Mortgage Servicing Final Rule, the Bureau noted that this 180-day prohibition reduces the risk that the modified written early intervention notice will be used to undermine a borrower's cease communication right under FDCPA section 805(c). 9 Section 1024.39(d)(3)(i) requires that the notice include a statement that the servicer may or intends to invoke its specified remedy of foreclosure and states that Model clause MS-4(D) in appendix MS-4 to Regulation X may be used to comply with this requirement. Section 1024.39(d)(3)(ii) provides that the notice may not contain a request for payment. Concurrently with the 2016 Mortgage Servicing Final Rule, the Bureau issued an interpretive rule constituting an advisory opinion under FDCPA section 813(e), 15 U.S.C. 1692k(e), that, in part, interprets the FDCPA cease communication provisions in relation to the written early intervention requirements in Regulation X. 10 Specifically, the interpretive rule provides a safe harbor from liability under FDCPA section 805(c) where a servicer that is a debt collector with respect to a mortgage loan is required by § 1024.39(d)(3) to provide a modified written early intervention notice to a borrower who has invoked the cease communication right. 10 *See* Bureau of Consumer Fin. Prot., Official Bureau Interpretations: Safe Harbors from Liability under the Fair Debt Collection Practices Act for Certain Actions Taken in Compliance with Mortgage Servicing Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z), 81 FR 71977 (Oct. 19, 2016). After issuing the 2016 Mortgage Servicing Final Rule and the interpretive rule, the Bureau received several inquiries about how § 1024.39(d)(3)(iii) modifies § 1024.39(b)'s timing requirements. Section 1024.39(b) does not require a notice more than once in a 180-day period but, except as otherwise provided in § 1024.39(d)(3)(iii), permits more frequent provision of the written notices. It also provides that, if a borrower is 45 days or more delinquent at the end of any 180-day period after the servicer has provided the written notice, a servicer must provide the written notice again no later than 180 days after the provision of the prior written notice. However, with regard to a loan for which a borrower has invoked the cease communication right as described above, § 1024.39(d)(3)(iii) prohibits a servicer from providing the notice more than once in any 180-day period. The Bureau is concerned that, as adopted by the 2016 Mortgage Servicing Final Rule, § 1024.39(d)(3)(iii) imposes too narrow a window for compliance and could provide insufficient guidance as to when and how servicers comply with the timing requirements under certain circumstances. The 180-day prohibition in § 1024.39(d)(3)(iii), read in conjunction with § 1024.39(b), provides only one day for a servicer to provide a subsequent written notice. 11 Therefore, where a borrower that has invoked the cease communication right is 45 days or more delinquent at the end of the 180-day period after the servicer provided a prior written notice, a servicer would have to provide the next notice on the 180th calendar day after the prior notice, whether or not this day falls on a Saturday, Sunday, or public holiday. The Bureau narrowly tailored the timing requirements in § 1024.39(d) to prevent a servicer subject to the FDCPA from sending frequent, repeated notices that may undermine a borrower's cease communication right under section 805(c) of the FDCPA. The Bureau did not, however, intend for servicers subject to § 1024.39(d)(3) to have a one-day window to provide a subsequent written early intervention notice to borrowers who have invoked their cease communication rights. Thus, the Bureau is amending § 1024.39(d)(3)(iii). 11 The Bureau also understands that some stakeholders instead may be interpreting § 1024.39(b) and (d)(3)(iii) together as permitting a servicer to provide the subsequent written notice required by § 1024.39(b) sometime after the 180th day but before the end of the next 180-day period ( *e.g.,* by the 360th day). The Bureau does not believe such a reading of § 1024.39(b) and (d)(3)(iii) together is tenable and is concerned that, if servicers act in accordance, borrowers would be deprived of timely receiving important loss mitigation information. As amended § 1024.39(d)(3)(iii) retains the general 180-day prohibition but also specifies that, if a borrower is 45 days or more delinquent at the end of any 180-day period after the servicer has provided the written notice, a servicer must provide the written notice again no later than 190 days after the provision of the prior written notice. If a borrower is less than 45 days delinquent at the end of any 180-day period after the servicer has provided the written notice, a servicer must provide the written notice again no later than 45 days after the payment due date for which the borrower remains delinquent or 190 days after the provision of the prior written notice, whichever is later. In effect, the interim final rule provides servicers a 10-day window to provide any required notices at the end of the 180-day period. The Bureau believes that a 10-day window at the end of the 180-day period affords servicers sufficient time to provide the notice while also ensuring that servicers provide the subsequent notice in a timely way, maximizing a borrower's opportunities to pursue loss mitigation and avoid further delinquency. The Bureau seeks comment on whether the interim final rule permits servicers to timely provide the notice at the end of the 180-day period. The Bureau also seeks comment on whether the interim final rule adequately protects consumers who have invoked their cease communication rights while affording them timely access to information about loss mitigation. VI. Effective Date Section 1024.39(d), as amended by the 2016 Mortgage Servicing Final Rule, becomes effective October 19, 2017. Thus, this interim final rule, which further amends § 1024.39(d)(3)(iii), also becomes effective October 19, 2017. VII. Dodd-Frank Act Section 1022(b) Analysis In developing this interim final rule, the Bureau has considered the potential benefits, costs, and impacts as required by section 1022(b)(2) of the Dodd-Frank Act. Specifically, section 1022(b)(2) calls for the Bureau to consider the potential benefits and costs of a regulation to consumers and covered persons, including the potential reduction of consumer access 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. In addition, 12 U.S.C. 5512(b)(2)(B) directs the Bureau to consult, before and during the rulemaking, with appropriate prudential regulators or other Federal agencies, regarding consistency with the objectives those agencies administer. The Bureau consulted, or offered to consult with, the prudential regulators, the Securities and Exchange Commission, the Department of Housing and Urban Development (HUD), the HUD Office of Inspector General, the Federal Housing Finance Agency, the Federal Trade Commission, the Department of the Treasury, the Department of Agriculture, and the Department of Veterans Affairs, including regarding consistency with any prudential, market, or systemic objectives administered by these agencies. The Bureau previously considered the benefits, costs, and impacts of the 2016 Mortgage Servicing Final Rule's major provisions. 12 The baseline 13 for this discussion is the mortgage servicing market as it would exist “but for” this interim final rule; that is, the Bureau considers the benefits, costs, and impacts of this interim final rule on consumers and covered persons relative to the baseline established by the 2016 Mortgage Servicing Final Rule. 12 81 FR 72160, 72351 (Oct. 19, 2016). 13 The Bureau has discretion in any rulemaking to choose an appropriate scope of analysis with respect to potential benefits, costs, and impacts and an appropriate baseline. In considering the relevant potential benefits, costs, and impacts of this interim final rule, the Bureau has used feedback received to date and has applied its knowledge and expertise concerning consumer financial markets. The discussion below of these potential costs, benefits, and impacts is qualitative, reflecting both the specialized nature of the amendments and the fact that the 2016 Mortgage Servicing Final Rule, which establishes the baseline for the Bureau's analysis, is not yet in effect. The Bureau requests comment on this discussion generally as well as the submission of data or other information that could inform the Bureau's consideration of the potential benefits, costs, and impacts of the interim final rule. The interim final rule's provisions generally would decrease burden incurred by industry participants by modifying the timing requirements for certain disclosures required under the 2016 Mortgage Servicing Final Rule. As is described in more detail below, the Bureau does not believe that these changes would have a significant enough impact on consumers or covered persons to affect consumer access to consumer financial products and services. *Timing of written early intervention notice for borrowers who have invoked their cease communication rights under the FDCPA.* The interim final rule revises § 1024.39(d)(3)(iii) to specify when a servicer must provide the modified written early intervention notice, as required by § 1024.39(b) and (d), at the end of the 180-day period after the servicer provided a prior written notice. Section 1024.39(b) requires that a servicer must provide a written early intervention notice to certain borrowers no more than 180 days after the servicer previously provided the notice. Section 1024.39(d) generally provides that servicers that are subject to the FDCPA with respect to borrowers who have invoked their cease communication rights pursuant to section 805(c) of the FDCPA must provide a modified written early intervention notice to those borrowers under certain circumstances. As originally adopted § 1024.39(d)(3)(iii) would have provided that a servicer may not provide the modified notice more than once during any 180-day period. Currently, the 180-day prohibition in § 1024.39(d)(3)(iii), read in conjunction with § 1024.39(b), provides only one day for a servicer to provide a subsequent written notice. Under the interim final rule, revised § 1024.39(d)(3)(iii) gives servicers a 10-day window to provide the required notices at the end of the 180-day period. 14 This provision will benefit covered persons by modifying the timing requirements for the early intervention notice and providing more than a one-day window. This will benefit servicers by providing additional flexibility in the timing for providing these notices. 14 In particular, revised § 1024.39(d)(3)(iii) would retain the 180-day prohibition but would also specify:

(OMB)approval for information collection requirements prior to implementation. The collections of information related to the 2016 Mortgage Servicing Final Rule have been reviewed and approved by OMB previously in accordance with the PRA and assigned OMB Control Numbers 3170-0016 (Regulation X) and 3170-0015 (Regulation Z). Under the PRA, the Bureau may not conduct or sponsor and, notwithstanding any other provision of law, a person is not required to respond to an information collection unless the information collection displays a valid control number assigned by OMB. 17 44 U.S.C. 3501 *et seq.* The Bureau has determined that the interim final rule will provide firms with additional flexibility and clarity with respect to what must be disclosed under the 2016 Mortgage Servicing Final Rule; therefore, it will have only minimal impact on the industry-wide aggregate PRA burden relative to the baseline. The Bureau welcomes comments on this determination or any other aspects of this interim final rule for purposes of the PRA. Comments should be submitted to the Bureau as instructed in the ADDRESSES part of this document and to the attention of the Paperwork Reduction Act Officer. All comments will become a matter of public record. List of Subjects in 12 CFR Part 1024 Condominiums, Consumer protection, Housing, Insurance, Mortgages, Mortgagees, Mortgage servicing, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the Consumer Financial Protection Bureau amends 12 CFR part 1024 as follows: PART 1024—REAL ESTATE SETTLEMENT PROCEDURES ACT (REGULATION X) 1. The authority citation for part 1024 continues to read as follows: Authority: 12 U.S.C. 2603-2605, 2607, 2609, 2617, 5512, 5532, 5581. Subpart C—Mortgage Servicing 2. Amend § 1024.39 by revising paragraph (d)(3)(iii) to read as follows: § 1024.39 Early intervention requirements for certain borrowers.

(d)* * *

(3)* * *

(iii)A servicer is prohibited from providing the written notice more than once during any 180-day period. If a borrower is 45 days or more delinquent at the end of any 180-day period after the servicer has provided the written notice, a servicer must provide the written notice again no later than 190 days after the provision of the prior written notice. If a borrower is less than 45 days delinquent at the end of any 180-day period after the servicer has provided the written notice, a servicer must provide the written notice again no later than 45 days after the payment due date for which the borrower remains delinquent or 190 days after the provision of the prior written notice, whichever is later. Dated: October 2, 2017. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2017-21912 Filed 10-13-17; 8:45 am]

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