Unknown. Final rule; official interpretation

2,869 words·~13 min read·/register/2021/11/29/2021-25938

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-2021-11-29.xml --- 86 226 Monday, November 29, 2021 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Assembly of the Administrative Conference of the United States, 67674-67675 2021-25951 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See National Institute of Food and Agriculture AIRFORCE Air Force Department NOTICES Intent to Grant a Partially Exclusive Patent License, 67693-67694 2021-25905 Animal Animal and Plant Health Inspection Service PROPOSED RULES Import Regulations for Horses, 67661-67669 2021-25613 NOTICES Privacy Act;

Systems of Records, 67675-67678 2021-25859 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Fair Credit Reporting Act Disclosures, 67649-67650 2021-25938 Fiscal Bureau of the Fiscal Service NOTICES Application and Renewal Fees Imposed on Surety Companies and Reinsuring Companies; Increase in Fees Imposed, 67788-67789 2021-25892 Rate to be Used for Federal Debt Collection, and Discount and Rebate Evaluation, 67788 2021-25890 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Board on Radiation and Worker Health, Subcommittee for Dose Reconstruction Reviews, National Institute for Occupational Safety and Health, 67711 2021-25863 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Understanding the Value of Centralized Services Study, 67711-67712 2021-25946 Coast Guard Coast Guard RULES Safety Zone: Patapsco River, Baltimore, MD, 67651-67654 2021-25958 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department See Air Force Department Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application:

IsoSciences, LLC, 67723-67725 2021-25954 Patheon API Manufacturing, Inc., 67725 2021-25950 Pisgah Laboratories, Inc., 67725 2021-25949 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2022 Election Administration and Voting Survey (EAVS), 67694-67695 2021-26004 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Request for Information: Energy Sector Supply Chain Review, 67695-67703 2021-25898 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Columbus, OH, 67650-67651 2021-25902 PROPOSED RULES Airspace Designations and Reporting Points: Philadelphia, PA, 67672-67673 2021-25631 Airworthiness Directives: General Electric Company Turbofan Engines, 67669-67671 2021-25870 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FAA Aircraft Noise Complaint and Inquiry System (Noise Portal), 67782 2021-25944 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67707-67710 2021-25813 2021-25924 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 67710 2021-26000 Federal Emergency Federal Emergency Management Agency RULES National Flood Insurance Program: Removal of Best's Financial Size Category from Write-Your-Own Participation Criteria, 67654-67659 2021-25956 NOTICES Flood Hazard Determinations; Changes, 67713-67719 2021-25903 2021-25904 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Southern California Edison Co., 67704-67706 2021-25940 Combined Filings, 67703-67704, 67706 2021-25941 2021-25942 Request for Comments: Joint Federal-State Task Force on Electric Transmission, 67706 2021-25939 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 67710-67711 2021-25860 Federal Highway Federal Highway Administration NOTICES Request for Information: Development of Guidance for Electric Vehicle Charging Infrastructure Deployment, 67782-67785 2021-25868 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 67795-67796 2021-25957 Sanctions Actions, 67789-67795 2021-25884 2021-25885 Forest Forest Service NOTICES Directive Publication Notice, 67678 2021-25888 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claim for Relocation Payments—Residential, and Claim for Relocation Payments—Nonresidential, 67720 2021-25918 Donor Certification Form, 67719 2021-25929 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Low Sulfur Diesel Fuel Production Credit, 67796 2021-25959 Tax Treatment of Salvage and Reinsurance, 67796-67797 2021-25955 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 67685-67690 2021-25934 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Steel Nails from the Sultanate of Oman, 67690-67691 2021-25933 Circular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey, 67681-67683 2021-25932 Strontium Chromate from France, 67683-67684 2021-25935 Meetings: Renewable Energy and Energy Efficiency Advisory Committee, 67684-67685 2021-25858 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electric Shavers and Components and Accessories Thereof, 67722-67723 2021-25866 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decree, 67725-67726 2021-25864 Proposed Consent Decree:

Clean Water Act, 67726 2021-25861 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Senior Executive Service; Performance Review Board, 67726 2021-25899 National Institute Food National Institute of Food and Agriculture NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67679-67681 2021-25896 2021-25900 National Institute National Institutes of Health NOTICES Meetings: National Institute of Diabetes and Digestive and Kidney Diseases, 67713 2021-25874 National Institute on Aging, 67713 2021-25872 Prospective Grant under Non-Exclusive Patent License:

AAV Isolate and Fusion Protein Comprising Nerve Growth Factor Signal Peptide and Parathyroid Hormone, 67712-67713 2021-25873 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 67659 2021-25921 Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area, 67659-67660 2021-25960 NOTICES Indirect Cost Rates, 67691-67692 2021-25919 National Park National Park Service NOTICES Intent to Extend and Continue Concession Contracts and Award Temporary Concession Contracts, 67721-67722 2021-25953 National Science National Science Foundation NOTICES Meetings:

Networking and Information Technology Research and Development Program 30th Anniversary Commemoration, 67729 2021-25894 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Reporting Requirements for Nonemergency Events at Nuclear Power Plants, 67669 2021-25928 NOTICES Environmental Assessments; Availability, etc.: SHINE Medical Technologies, LLC; SHINE Medical Isotope Production Facility, 67737-67740 2021-25911 Exemption; Issuance: Entergy Nuclear Operations, Inc., Palisades Nuclear Plant, 67730-67734 2021-25948 Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant Units 3 and 4, 67734-67737, 67740-67744 2021-25876 2021-25952 License Termination;

Issuance: Pacific Gas and Electric Co., Humboldt Bay Power Plant, Unit 3, 67729-67730 2021-25887 Meetings; Sunshine Act, 67740 2021-26015 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Grant of Expansion of Recognition and Modification to the Nationally Recognized Testing Laboratory Program's List of Appropriate Test Standards: SGS North America, Inc., 67727-67729 2021-25897 Permanent Variance: Gestamp West Virginia, LLC; Correction, 67727 2021-25895 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Representative and Address Provisions, 67692-67693 2021-25930 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product, 67744 2021-25943 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67744-67745, 67757-67758, 67776-67777, 67780 2021-25912 2021-25913 2021-25914 2021-25915 Application: Bain Capital Specialty Finance, Inc., et al., 67768-67774 2021-25862 Consolidated Tape Association:

Filing of the Thirty-Seventh Substantive Amendment to the Second Restatement of the CTA Plan and Twenty-Eighth Substantive Amendment to the Restated CQ Plan, 67800-67829 2021-25745 Meetings; Sunshine Act, 67745 2021-26047 Privacy Act; System of Records, 67755-67757 2021-25871 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 67767-67768 2021-25877 Cboe BZX Exchange, Inc., 67763-67765 2021-25880 Cboe EDGA Exchange, Inc., 67765-67767 2021-25881 Cboe EDGX Exchange, Inc., 67774-67776 2021-25882 Cboe Exchange, Inc., 67777-67780 2021-25893 Miami International Securities Exchange LLC;

MIAX PEARL, LLC, 67758-67763 2021-25878 Miami International Securities Exchange, LLC; MIAX Emerald, LLC, 67745-67750 2021-25879 MIAX Emerald, LLC, 67750-67755 2021-25883 State Department State Department NOTICES Secretary of State's Determinations under the International Religious Freedom Act and Frank R. Wolf International Religious Freedom Act, 67780-67781 2021-25923 Surface Transportation Surface Transportation Board NOTICES Petition for Rulemaking to Adopt Rules Governing Private Railcar Use by Railroads, 67781-67782 2021-25916 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Airline Service Quality Performance, 67786-67788 2021-25886 Online Complaint Form for Service-Related Issues in Air Transportation, 67785-67786 2021-25891 Treasury Treasury Department See Bureau of the Fiscal Service See Foreign Assets Control Office See Internal Revenue Service NOTICES Meetings: Tribal Advisory Committee; Cancellation, 67797-67798 2021-25945 Veteran Affairs Veterans Affairs Department RULES Schedule for Rating Disabilities:

The Cardiovascular System; Correction, 67654 2021-25931 Separate Parts In This Issue Part II Securities and Exchange Commission, 67800-67829 2021-25745 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. 86 226 Monday, November 29, 2021 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1022 Fair Credit Reporting Act Disclosures AGENCY:

Bureau of Consumer Financial Protection. ACTION: Final rule; official interpretation. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule amending an appendix for Regulation V, which implements the Fair Credit Reporting Act (FCRA). The Bureau is required to calculate annually the dollar amount of the maximum allowable charge for disclosures by a consumer reporting agency to a consumer pursuant to the FCRA; this final rule establishes the maximum allowable charge for the 2022 calendar year.

DATES: This final rule is effective January 1, 2022. FOR FURTHER INFORMATION CONTACT: Lanique Eubanks, Senior Counsel; Office of Regulations, at

(202)435-7700. If you require this document in an alternative electronic format, please contact *CFPB_Accessibility@cfpb.gov.* SUPPLEMENTARY INFORMATION: The Bureau is amending appendix O for Regulation V, which implements the FCRA, to establish the maximum allowable charge for disclosures by a consumer reporting agency to a consumer for 2022. The maximum allowable charge will be $13.50 for 2022. I. Background Under section 609 of the FCRA, a consumer reporting agency must, upon a consumer's request, disclose to the consumer information in the consumer's file. 1 Section 612(a) of the FCRA gives consumers the right to a free file disclosure upon request once every 12 months from the nationwide consumer reporting agencies and nationwide specialty consumer reporting agencies. 2 Section 612 of the FCRA also gives consumers the right to a free file disclosure under certain other, specified circumstances. 3 Where the consumer is not entitled to a free file disclosure, section 612(f)(1)(A) of the FCRA provides that a consumer reporting agency may impose a reasonable charge on a consumer for making a file disclosure. Section 612(f)(1)(A) of the FCRA provides that the charge for such a disclosure shall not exceed $8.00 and shall be indicated to the consumer before making the file disclosure. 4 1 15 U.S.C. 1681g. 2 15 U.S.C. 1681j(a). 3 15 U.S.C. 1681j(b)-(d). The maximum allowable charge announced by the Bureau does not apply to requests made under section 612(a)-(d) of the FCRA. The charge does apply when a consumer who orders a file disclosure has already received a free annual file disclosure and does not otherwise qualify for an additional free file disclosure. 4 15 U.S.C. 1681j(f)(1)(A). Section 612(f)(2) of the FCRA also states that the $8.00 maximum amount shall increase on January 1 of each year, based proportionally on changes in the Consumer Price Index, with fractional changes rounded to the nearest fifty cents. 5 Such increases are based on the Consumer Price Index for All Urban Consumers (CPI-U), which is the most general Consumer Price Index and covers all urban consumers and all items. 5 15 U.S.C. 1681j(f)(2). II. Adjustment For 2022, the ceiling on allowable charges under section 612(f) of the FCRA will be $13.50, an increase of fifty cents from 2021. The Bureau is using the $8.00 amount set forth in section 612(f)(1)(A)(i) of the FCRA as the baseline for its calculation of the increase in the ceiling on reasonable charges for certain disclosures made under section 609 of the FCRA. Since the effective date of section 612(a) was September 30, 1997, the Bureau calculated the proportional increase in the CPI-U from September 1997 to September 2021. The Bureau then determined what modification, if any, from the original base of $8.00 should be made effective for 2022, given the requirement that fractional changes be rounded to the nearest fifty cents. Between September 1997 and September 2021, the CPI-U increased by 70.168 percent from an index value of 161.2 in September 1997 to a value of 274.31 in September 2021. An increase of 70.168 percent in the $8.00 base figure would lead to a figure of $13.61. However, because the statute directs that the resulting figure be rounded to the nearest $0.50, the maximum allowable charge is $13.50. The Bureau therefore determines that the maximum allowable charge for the year 2022 will increase to $13.50. III. Procedural Requirements A. Administrative Procedure Act Under the Administrative Procedure Act (APA), notice and opportunity for public comment are not required if the Bureau finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 6 Pursuant to this final rule, in Regulation V, appendix O is amended to update the maximum allowable charge for 2022 under section 612(f). The amendments in this final rule are technical and non-discretionary, as they merely apply the method previously established in Regulation V for determining adjustments to the thresholds. For these reasons, the Bureau has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. The amendments therefore are adopted in final form. 6 5 U.S.C. 553(b)(B). Section 553(d) of the APA generally requires publication of a final rule not less than 30 days before its effective date, except

(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;

(2)interpretive rules and statements of policy; or

(3)as otherwise provided by the agency for good cause found and published with the rule. 5 U.S.C. 553(d). At a minimum, the Bureau believes the amendments made by this rule fall under the third exception to section 553(d). The Bureau finds that there is good cause to make this rule effective on January 1, 2022. The amendments made by this rule are technical and non-discretionary, and apply the method previously established in the Bureau's regulations for automatic adjustments to the threshold. B. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 7 7 5 U.S.C. 603(a), 604(a). C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 8 the Bureau reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. 8 44 U.S.C. 3506; 5 CFR part 1320. D. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Bureau will submit a report containing this rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to the rule taking effect. The Office of Information and Regulatory Affairs

(OIRA)has designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). IV. Signing Authority The Associate Director of Research, Markets, and Regulations, Janis K. Pappalardo, 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** . List of Subjects in 12 CFR Part 1022 Banks, Banking, Consumer protection, Credit unions, Holding companies, National banks, Privacy, Reporting and recordkeeping requirements, Savings associations. Authority and Issuance For the reasons set forth in the preamble, the Bureau amends Regulation V, 12 CFR part 1022, as set forth below: PART 1022—FAIR CREDIT REPORTING (REGULATION V) 1. The authority citation for part 1022 continues to read as follows: Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1681A, 1681B, 1681C, 1681C-1, 1681E, 1681G, 1681I, 1681J, 1681M, 1681S, 1681S-2, 1681S-3, AND 1681T; SEC. 214, PUB. L. 108-159, 117 STAT. 1952. 2. Appendix O is revised to read as follows: Appendix O to Part 1022—Reasonable Charges for Certain Disclosures Section 612(f) of the FCRA, 15 U.S.C. 1681j(f), directs the Bureau to increase the maximum allowable charge a consumer reporting agency may impose for making a disclosure to the consumer pursuant to section 609 of the FCRA, 15 U.S.C. 1681g, on January 1 of each year, based proportionally on changes in the Consumer Price Index, with fractional changes rounded to the nearest fifty cents. The Bureau will publish notice of the maximum allowable charge each year by amending this appendix. For calendar year 2022, the maximum allowable charge is $13.50. For historical purposes: 1. For calendar year 2012, the maximum allowable disclosure charge was $11.50. 2. For calendar year 2013, the maximum allowable disclosure charge was $11.50. 3. For calendar year 2014, the maximum allowable disclosure charge was $11.50. 4. For calendar year 2015, the maximum allowable disclosure charge was $12.00. 5. For calendar year 2016, the maximum allowable disclosure charge was $12.00. 6. For calendar year 2017, the maximum allowable disclosure charge was $12.00. 7. For calendar year 2018, the maximum allowable disclosure charge was $12.00. 8. For calendar year 2019, the maximum allowable disclosure charge was $12.50. 9. For calendar year 2020, the maximum allowable disclosure charge was $12.50. 10. For calendar year 2021, the maximum allowable disclosure charge was $13.00. 11. For calendar year 2022, the maximum allowable disclosure charge is $13.50. Laura Galban, Federal Register Liaison, Bureau of Consumer Financial Protection. [FR Doc. 2021-25938 Filed 11-26-21; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

U.S. Code