Unknown. Procedural rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-06-22.xml --- 85 120 Monday, June 22, 2020 Contents Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37416 2020-13353 Bonneville Bonneville Power Administration NOTICES Public Hearing: Suspension of the Financial Reserves Policy Surcharge for the Remainder of the BP-20 Rate Period; Opportunities for Public Review and Comment, 37444-37447 2020-13248 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Advisory Opinions Pilot, 37331-37333 2020-13504 PROPOSED RULES Advisory Opinions Proposal, 37394-37396 2020-13505 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 37455-37456 2020-13370 Meetings:

Board of Scientific Counselors, National Institute for Occupational Safety and Health, 37454-37455 2020-13300 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37456-37457 2020-13298 Civil Rights Civil Rights Commission NOTICES Meetings: New Jersey Advisory Committee, 37417 2020-13329 Coast Guard Coast Guard RULES Special Local Regulations: Great Western Tube Float; Colorado River, Parker, AZ, 37339-37341 2020-12627 USA Triathlon, Milwaukee Harbor, Milwaukee, WI, 37337-37339 2020-12494 PROPOSED RULES Safety Zone:

I-5 Bridge Construction Project, Columbia River, Vancouver, WA, 37397-37399 2020-13128 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Copyright Office Copyright Office, Library of Congress RULES Group Registration of Short Online Literary Works, 37341-37347 2020-12041 PROPOSED RULES Exemptions to Permit Circumvention of Access Controls on Copyrighted Works, 37399-37403 2020-12911 Denali Denali Commission NOTICES Fiscal Year 2021 Draft Work Plan, 37436-37438 2020-13393 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances Application:

Organic Standards Solutions International, LLC, 37471 2020-13336 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Protection and Advocacy of Individual Rights Program Assurances, 37444 2020-13344 Applications for New Awards: Out of School Time Career Pathway Program, 37438-37443 2020-13304 Energy Department Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Nevada, 37447-37448 2020-13307 Secretary of Energy Advisory Board, 37447 2020-13395 Environmental Protection Environmental Protection Agency RULES Final Approval of State Underground Storage Tank Program Revisions and Incorporation by Reference: Texas, 37347-37354 2020-10065 Toxic Chemical Release Reporting: Addition of Certain Per- and Polyfluoroalkyl Substances, 37354-37364 2020-10990 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Iowa; Air Quality Implementation Plan-Muscatine Sulfur Dioxide Nonattainment Area and Start-up, Shutdown, Malfunction State Implementation Plan Call Withdrawal, 37405-37411 2020-13380 Missouri; Control of Emissions from Industrial Surface Coating Operations, 37411-37413 2020-13049 Final Approval of State Underground Storage Tank Program Revisions and Incorporation by Reference: Texas, 37413-37414 2020-10066 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Gulfstream Aerospace Corporation Airplanes, 37333-37335 2020-12799 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operational Waivers for Small Unmanned Aircraft Systems, 37493 2020-13333 Federal Communications Federal Communications Commission RULES Assessment and Collection of Regulatory Fees for Fiscal Year 2020, 37364-37376 2020-11348 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37450-37452 2020-13306 Meetings:

Hospital Robocall Protection Group, 37452-37453 2020-13372 Order Denying Stay Petition, 37453 2020-13314 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 37469 2020-13282 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 37448-37449 2020-13354 2020-13355 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in California, 37494-37495 2020-13396 2020-13399 Federal Maritime Federal Maritime Commission NOTICES Investigation into Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade, 37453-37454 2020-13313 Fish Fish and Wildlife Service NOTICES Permit Application:

Endangered Species; Recovery, 37469-37470 2020-13398 Food and Drug Food and Drug Administration NOTICES Meetings: Oncologic Drugs Advisory Committee; Establishment of a Public Docket, 37458-37459 2020-13345 Withdrawal of Approval of New Drug Applications; Correction: Hospira, Inc., et al., 37459 2020-13346 Forest Forest Service NOTICES Meetings: Ketchikan Resource Advisory Committee, 37416-37417 2020-13394 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Supplemental Award:

Education Development Center for the Home Visiting Collaborative Improvement and Innovation Network 2.0 Cooperative Agreement, 37459-37460 2020-13338 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, 37502-37546 2020-13391 PROPOSED RULES Retrospective Analysis of the Chemical Facility Anti-Terrorism Standards, 37393-37394 2020-13147 Indian Health Indian Health Service PROPOSED RULES Removal of Suspended Regulations, 37414-37415 2020-12754 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Boundary International Boundary and Water Commission, United States and Mexico NOTICES Environmental Assessments;

Availability, etc.: United States Section: Arroyo Colorado at Harlingen Flood Flow Improvement Project, Cameron County, TX, 37470-37471 2020-13330 International Trade Adm International Trade Administration PROPOSED RULES Steel Import Monitoring and Analysis System: Modification of Regulations; Correction, 37397 2020-12947 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Quartz Surface Products from India and the Republic of Turkey, 37431-37432 2020-13374 Certain Quartz Surface Products from India and Turkey, 37422-37424 2020-13401 Certain Walk-Behind Lawn Mowers and Parts Thereof from the People's Republic of China, 37426-37429 2020-13384 Certain Walk-Behind Lawn Mowers and Parts Thereof from the People's Republic of China and the Socialist Republic of Vietnam, 37417-37422 2020-13385 Large Diameter Welded Pipe from Greece, 37424-37426 2020-13377 Magnesium Metal from the People's Republic of China, 37429-37431 2020-13375 Justice Department Justice Department See Drug Enforcement Administration See Prisons Bureau Land Land Management Bureau NOTICES Realty Action:

Competitive Issuance of a Communications Use Lease in Hinsdale County, CO, 37470 2020-13352 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office NOTICES Senior Executive Service Performance Review Board Membership, 37471 2020-13381 National Archives National Archives and Records Administration NOTICES Records Schedules, 37472-37473 2020-13335 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 37473 2020-13534 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:

Michelin North America, Inc., 37495-37496 2020-13297 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 37463 2020-13325 National Heart, Lung, and Blood Institute, 37460-37462 2020-13319 2020-13388 National Institute of Allergy and Infectious Diseases, 37460-37464 2020-13320 2020-13321 2020-13322 2020-13323 2020-13324 2020-13326 2020-13328 2020-13387 National Institute on Alcohol Abuse and Alcoholism, 37464 2020-13327 Prospective Grant of an Exclusive Patent License:

Development and Commercialization of Fenoterol and Certain Fenoterol Analogues for the Treatment of Cancer, 37464-37466 2020-13316 Ointment for the Topical Administration to Ischemic Treat and/or Neuropathic Ulcers in Humans, 37461 2020-13315 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group in the Atlantic Region; Retention Limit Adjustment, 37390-37392 2020-13373 International Fisheries:

Eastern Pacific Tuna Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission, 37376-37390 2020-11981 NOTICES Application for Exempted Fishing Permits: West Coast Pelagic Conservation Group, 37433 2020-13378 Applications for Permits: Endangered Species; File Nos. 21111, 23683, and 23851, 37433-37434 2020-13358 Coastal Pelagic Species Fishery:

Application for Exempted Fishing Permits; California Wetfish Producers Association, 37434-37435 2020-13369 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37473-37474 2020-13318 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Renewal: Pacific Gas and Electric Company; Humboldt Bay Independent Spent Fuel Storage Installation, 37474-37475 2020-13379 Meetings; Sunshine Act, 37475-37476 2020-13487 NUREG;

Issuance: Report to Congress on Abnormal Occurrences: Fiscal Year 2019; Dissemination of Information, 37476 2020-13347 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Global Intellectual Property Academy Surveys, 37435-37436 2020-13292 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Gas and Liquid Pipeline Safety Advisory Committees, 37496-37497 2020-13357 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 37403-37405 2020-13188 NOTICES New Postal Products, 37476-37479 2020-13294 Postal Service Postal Service NOTICES Market Test of Experimental Product:

Extended Mail Forwarding, 37479 2020-13356 Product Change: Priority Mail—Non-Published Rates, 37479 2020-13359 Prisons Prisons Bureau RULES Video Visiting and Telephone Calls Under the Coronavirus Aid, Relief, and Economic Security Act, 37335-37337 2020-13004 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 37488 2020-13310 Cboe Exchange, Inc., 37479-37483 2020-13311 ICE Clear Credit, LLC, 37483-37486 2020-13308 NYSE Arca, Inc., 37488-37491 2020-13312 The Nasdaq Stock Market, LLC, 37486-37488 2020-13309 State Department State Department NOTICES Delegation of Authority:

Authorities of the Director of the Office of Foreign Missions, 37492 2020-13361 Modified Display Dates Due to the COVID-19 Pandemic, for Culturally Significant Objects Imported for Exhibition, 37491-37492 2020-13340 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemption: CSX Transportation, Inc.; Greenbrier and Fayette Counties, WV, 37492-37493 2020-13299 Quarterly Rail Cost Adjustment Factor, 37493 2020-13332 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commercial Invoice, 37467 2020-13291 Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Information, 37466 2020-13296 Meetings: Commercial Customs Operations Advisory Committee, 37467-37468 2020-13368 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Conflicting Interests Certification for Proprietary Schools, 37498-37499 2020-13371 Western Western Area Power Administration NOTICES Rate Order:

Pacific Northwest-Pacific Southwest Intertie Project, 37450 2020-13363 Separate Parts In This Issue Part II Homeland Security Department, 37502-37546 2020-13391 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. 85 120 Monday, June 22, 2020 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Chapter X Advisory Opinions Pilot AGENCY:

Bureau of Consumer Financial Protection. ACTION: Procedural rule. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) announces the establishment of a new pilot advisory opinion program (Pilot AO Program). DATES: This procedural rule is applicable on June 22, 2020. FOR FURTHER INFORMATION CONTACT: For additional information about the Pilot AO Program, contact Marianne Roth, Chief Risk Officer, Office of Strategy, at 202-435-7684. If you require this document in an alternative electronic format, please contact *CFPB_Accessibility@cfpb.gov.* SUPPLEMENTARY INFORMATION:

I. Background Under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), 1 the Bureau's “primary functions” include issuing guidance implementing Federal consumer financial law. 2 The Bureau believes that providing clear and useful guidance to regulated entities is an important aspect of facilitating markets that serve consumers. 1 Public Law 111-203, 124 Stat. 2081 (2010). 2 12 U.S.C. 5511(c)(5). The Bureau currently issues several types of guidance regarding the statutes that it administers and regarding the regulations and Official Interpretations that it normally issues through the notice-and-comment process.

On occasion, the Bureau provides guidance in interpretive rules or general statements of policy. The Bureau also routinely issues Compliance Aids that present legal requirements in a manner that is useful for compliance professionals, other industry stakeholders, and the public, or include practical suggestions for how entities might choose to go about complying with those requirements. 3 Additionally, the Bureau provides individualized “implementation support” to regulated entities through its Regulatory Inquiries Function (RIF). 4 Neither Compliance Aids nor the RIF are intended to interpret ambiguities in legal requirements. 3 *See* Policy Statement on Compliance Aids, 85 FR 4579 (Jan. 27, 2020). 4 *See* Bureau of Consumer Financial Protection Request for Information Regarding Bureau Guidance and Implementation Support (Guidance RFI), 83 FR 13959, 13961-62 (Apr. 2, 2018).

The Bureau is establishing the Pilot AO Program in response to feedback received from external stakeholders encouraging the Bureau to provide written guidance in cases of regulatory uncertainty. The Bureau received requests of this nature in comments submitted in response to the Request for Information Regarding Bureau Guidance and Implementation Support (Guidance RFI). The Guidance RFI noted, among other things, current Bureau forms of individualized support to regulated entities—principally the RIF—and asked whether the Bureau should consider an AO program to provide interpretations, including the particular scope and benefits of AOs that would be distinct from generalized frequently asked questions (FAQs), and the types of questions or issues that could or could not be appropriately dealt with by AOs. 5 5 Guidance RFI, at 13964.

In response to the Guidance RFI, several respondents recommended the Bureau issue such AOs. Commenters that supported AOs wrote that a Bureau AO program would reduce ambiguity and increase regulatory certainty, support proactive consumer protection, and enhance timeliness of guidance. Several of these commenters suggested that AOs be binding, ultimately be incorporated into a central location (like the Official Interpretations to Bureau regulations), and be accessible and useful to third parties as well as requestors.

Other commenters responded to the Guidance RFI and opposed the issuance of AOs. They had three primary objections: First, that AOs will not provide the public with meaningful additional assistance in understanding legal requirements; second, that AOs could create confusion; and third, that interpretations are better made via notice and comment. Comments on the Bureau's Proposed Policy on No-Action Letters and the BCFP Product Sandbox 6 also addressed whether the Bureau should include an interpretive letter

(IL)or AO program to the Compliance Assistance Sandbox (CAS). Commenters supporting the inclusion of an IL or AO program to the CAS said that the Bureau could further compliance and clarify regulatory expectations by issuing interpretive legal opinions in circumstances warranting further legal clarity on a particular practice or activity. They noted that other regulatory agencies provide for opinions of this kind. A commenter opposing the inclusion of an IL or AO program to the CAS reiterated the objections made by commenters on the Guidance RFI that AOs could increase confusion and that interpretations are better made via notice and comment. 6 *See* Bureau of Consumer Financial Protection Policy on No-Action Letters and the BCFP Product Sandbox, 83 FR 64036-64045 (Dec. 13, 2018). After considering these comments, the Bureau is establishing the Pilot AO Program to provide guidance with interpretive content that is: Focused on regulatory uncertainty identified by requestors; reliable for the requestor and all similarly situated parties as the Bureau's authoritative interpretation of the law; and publicly released for the awareness of all affected persons. The Bureau appreciates the concerns raised by some commenters on the Guidance RFI and the CAS about an AO program. With respect to concerns that AOs would not provide meaningful assistance to stakeholders regarding the interpretation of legal requirements, the Bureau believes that the comments described above indicate that there is meaningful demand for the resolution of regulatory uncertainty beyond the Bureau's existing tools for issuing guidance. Accordingly, the Pilot AO Program can help enhance compliance. With respect to comments that AOs could create confusion, the Bureau believes that clear communication of the status of AOs issued under the Pilot AO Program as interpretive rules under the Administrative Procedure Act

(APA)will minimize potential for confusion as to the significance of different types of guidance. Further, AOs will be signed by the Director, addressing concerns that an AO program could lead to the proliferation of conflicting staff-level opinions. With respect to comments regarding the importance of notice and comment, the Bureau agrees that broad stakeholder input is valuable in many contexts. As explained below, the Bureau does not intend to issue advisory opinions on issues that are better addressed through the notice-and-comment process. However, as the APA contemplates by exempting interpretive rules from notice-and-comment requirements, the Bureau also believes that there are contexts where it is appropriate to interpret the applicable law through timely guidance without needing to engage in a sometimes-lengthy notice-and-comment process. The Bureau is initiating its program for AOs in the form of a pilot, which will allow the Bureau to gain additional experience with AOs. Public comments on the Bureau's concurrent proposal, together with the Bureau's experience with the pilot, will inform how the Bureau uses AOs in the future. II. Parameters of the Pilot AO Program A. Overview The primary purpose of the Pilot AO Program is to provide a mechanism through which the Bureau may more effectively carry out its statutory purposes and objectives by better enabling compliance in the face of regulatory uncertainty. Under the program, parties will be able to request interpretive guidance, in the form of an AO, to resolve such regulatory uncertainty. 7 7 For convenience, this document uses the term “regulatory uncertainty” to encompass uncertainty with respect to regulatory or, where applicable, statutory provisions. B. Submission and Content of Requests Requests may be submitted via email to *advisoryopinion@cfpb.gov,* or through other means designated by the Bureau. 8 Requests must identify the requestor. 9 Where information submitted to the Bureau is information the requestor would not normally make public, the Bureau intends to treat it as confidential pursuant to its rule, Disclosure of Records and Information, 10 to the extent applicable. The Bureau encourages requestors to identify any such information to the extent they choose to include it in their submissions. For the pilot program, requestors will be limited to covered persons or service providers that are subject to the Bureau's supervisory authority under sections 1024, 1025, or 1026(e) of the Dodd-Frank Act or subject to the Bureau's enforcement authority under subtitle E of the Dodd-Frank Act. 11 The Bureau will not accept requests from third parties, such as trade associations or law firms, on behalf of unnamed entities as part of the pilot program. 8 Applications should not include sensitive personal information, such as account numbers or Social Security numbers, or names of other individuals. 9 The Bureau notes that during the Pilot AO Program, requestors are not required to include the additional information set out in the Bureau's separate **Federal Register** document regarding the Proposed AO Program. 10 12 CFR 1070. 11 12 U.S.C. 5514, 5515, 5516(e), 5561-5567. C. Characteristics of AOs AOs under the pilot program will be interpretive rules under the APA 12 that respond to a specific request for clarity on an interpretive question. The Bureau will publish AOs in the **Federal Register** and on *consumerfinance.gov* , including the Bureau's summary of the material facts and the Bureau's legal analysis of the issue. 13 Unless otherwise stated, each AO will be applicable to the requestor and to similarly situated parties to the extent that their situations conform to the Bureau's summary of material facts in the AO. 14 12 5 U.S.C. 553(b). 13 An AO will not necessarily adopt any proposed interpretation offered by the requestor. The Bureau retains the discretion to answer requests with its own interpretation regardless of the proposed interpretation of the requestor. 14 Accordingly, the initial request drafted by the requestor is not necessarily a reliable guide to the scope or terms of an AO; the scope and terms of an AO will be set out in the AO itself. Moreover, the Bureau will not normally investigate the underlying facts of the requestor's situation, and an AO is not applicable to the requestor if the underlying facts of the requestor's situation do not conform to the Bureau's summary of material facts. Where a statutory safe harbor is applicable to an AO, the AO will explain that fact. The Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Electronic Fund Transfer Act (EFTA), and Real Estate Settlement Procedures Act (RESPA) provide certain protections from liability for acts or omissions done in good faith in conformity with an interpretation by the Bureau. 15 The Fair Debt Collection Practices Act (FDCPA) contains similar protections, specifically using the term “advisory opinion.” 16 15 *See* 15 U.S.C. 1640(f) (TILA); 15 U.S.C. 1691e(e) (ECOA); 15 U.S.C. 1693m(d) (EFTA); 12 U.S.C. 2617, 12 CFR 1024.4 (RESPA). 16 *See* 15 U.S.C. 1692(k)(e) (FDCPA). D. Factors in Bureau Selection of Topics for AOs The Bureau intends to consider the following factors as part of its consideration of whether to address topics through AOs. 17 The Bureau will prioritize open questions within the Bureau's purview that can legally be addressed through an interpretive rule, where an AO is an appropriate tool relative to other Bureau tools for resolving that question. Initial factors weighing for the appropriateness of an AO include: That the interpretive issue has been noted during prior Bureau examinations as one that might benefit from additional regulatory clarity; that the issue is one of substantive importance or impact or one whose clarification would provide significant benefit; and/or that the issue concerns an ambiguity that the Bureau has not previously addressed through an interpretive rule or other authoritative source. Factors weighing strongly for a presumption that an AO is not an appropriate tool include: That the interpretive issue is the subject of an ongoing Bureau investigation or enforcement action; that the interpretive issue is the subject of an ongoing or planned rulemaking; that the issue is better suited for the notice-and-comment process; that the issue could be addressed effectively through a Compliance Aid; or that there is clear Bureau or court precedent that is already available to the public on the issue. 17 The following are factors that the Bureau intends to weigh when deciding which topics to prioritize in the AO program, based on all of the information available to the Bureau. AO requests need not address these factors in order to be fully considered by the Bureau. The Bureau intends to further evaluate potential topics for AOs based on additional factors, including: Alignment with the Bureau's statutory objectives; size of the benefit offered to consumers by resolution of the interpretive issue; known impact on the actions of other regulators; and impact on available Bureau resources. The Pilot AO Program will primarily focus on the following statutory objectives of the Bureau:

(1)That consumers are provided with timely and understandable information to make responsible decisions about financial transactions;

(2)that outdated, unnecessary, or unduly burdensome regulations are regularly identified and addressed in order to reduce unwarranted regulatory burdens;

(3)that Federal consumer financial law is enforced consistently, without regard to the status of a person as a depository institution, in order to promote fair competition; and

(4)that markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation. 18 18 *See* 12 U.S.C. 5511(b)(1), (3)-(5). The Bureau has a further statutory objective, that consumers are protected from unfair, deceptive, or abusive acts and practices (UDAAPs) and from discrimination. 12 U.S.C. 5511(b)(2). The Bureau considers this objective to be at least as important as its other objectives, and it does not plan to issue an AO that is in conflict with this objective. But because other regulatory tools are often more suitable for addressing UDAAPs and discrimination, the Bureau has chosen not to highlight this objective as a primary focus when selecting issues for the Pilot AO Program. The Pilot AO Program will focus primarily on clarifying ambiguities in the Bureau's regulations, although AOs may clarify statutory ambiguities. The Bureau will not issue AOs on issues that require notice-and-comment rulemaking under the APA, 19 or that are better addressed through that process. For example, the Bureau does not intend to issue an advisory opinion that would change a regulation. Similarly, where a regulation or statute establishes a general standard that can only be applied through highly fact-intensive analysis, the Bureau does not intend to replace it with a bright-line standard that eliminates all of the required analysis. Highly fact-intensive applications of general standards, such as of the statutory prohibition on unfair, deceptive, or abusive acts or practices, pose particular challenges for issuing advisory opinions, although there may be times when the Bureau is able to offer advisory opinions that provide additional clarity on the meaning of such standards. 19 5 U.S.C. 553(b). III. Regulatory Requirements The Bureau has concluded that the Pilot AO Program constitutes a rule of agency organization, procedure, or practice, and that it is, therefore, exempt from the notice-and-comment rulemaking requirements of the APA. 20 For the same reason, it is not subject to the 30-day delayed effective date for substantive rules under section 553(d) of the APA. 21 Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 22 20 5 U.S.C. 553(b). 21 5 U.S.C. 553(d). 22 5 U.S.C. 603(a), 604(a). IV. Signing Authority The Director of the Bureau, having reviewed and approved this document, is delegating the authority to electronically sign this document to Laura Galban, a Bureau Federal Register Liaison, for purposes of publication in the **Federal Register** . Dated: June 18, 2020. Laura Galban, Federal Register Liaison, Bureau of Consumer Financial Protection. [FR Doc. 2020-13504 Filed 6-19-20; 8:45 am]

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