Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations

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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations

Government personnel and agencies under

§ 740.11(b)(2)(ii) of the EAR, or an itemspecific license exception identified in

Supplement No. 5 to part 774 particular to

an item covered under ECCN 0E521. The list

of technologies determined to be classified

under ECCN 0E521 controls is published in

Supplement No. 5 to part 774. The license

requirements and licensing policy relating to

ECCN 0E521 are set forth in § 742.6(a)(7) of

the EAR.

*

*

*

*

*

■ 14. Add and reserve Supplement No.

4 to part 774 to read as follows:

Item descriptor.

Note: The description must match

by model number or a broader

descriptor that does not necessarily need to be company

specific.

1. [Reserved]

2. [Reserved]

[FR Doc. 2012–8944 Filed 4–12–12; 8:45 am]

BILLING CODE 3510–33–P

FEDERAL TRADE COMMISSION

16 CFR Parts 320, 321, 322, 603, 610,

611, 613, 614, and 901

RIN 3084–AB31

Rescission of Rules

AGENCY: Federal Trade Commission

(‘‘FTC’’ or ‘‘Commission’’).

ACTION: Final rule; rescission of

regulations.

pmangrum on DSK3VPTVN1PROD with RULES

SUMMARY: Title X of the Dodd-Frank

Wall Street Reform and Consumer

Protection Act transferred rulemaking

authority for a number of consumer

financial protection laws to the

Consumer Financial Protection Bureau

(‘‘CFPB’’). As a result, the Commission

is rescinding the following rules under

the Fair Credit Reporting Act: ‘‘[Identity

Theft] Definitions’’; ‘‘Free Annual File

Disclosures Rule’’; ‘‘Prohibition Against

Circumventing Treatment as a

Nationwide Consumer Reporting

Agency’’; ‘‘Duration of Active Duty

Alerts’’; and ‘‘Appropriate Proof of

Identity.’’ In addition, the Commission

is rescinding two rules addressing

mortgage advertising and mortgage

assistance relief services under the 2009

Omnibus Appropriations Act:

‘‘Mortgage Acts and Practices–

Advertising Rule’’ and ‘‘Mortgage

Assistance Relief Services Rule.’’ The

Commission is also rescinding its rules

12:58 Apr 12, 2012

■ 15. Add Supplement No. 5 to part 774

to read as follows:

SUPPLEMENT NO. 5 TO PART 774—

ITEMS CLASSIFIED UNDER ECCNS

0A521, 0B521, 0C521, 0D521 AND

0E521

Jkt 226001

of Commerce, with the concurrence of

the Departments of Defense and State,

has identified warrant control for export

or reexport because the items provide at

least a significant military or

intelligence advantage to the United

States or for foreign policy reasons.

The following table lists items subject

to the EAR that are not listed elsewhere

in the CCL, but which the Department

Date of initial or subsequent BIS

classification.

Dated: April 9, 2012.

Kevin J. Wolf,

Assistant Secretary for Export

Administration.

VerDate Mar<15>2010

SUPPLEMENT NO. 4 TO PART 774—

[RESERVED]

Date when the item will be designated EAR99, unless reclassified in another ECCN or the

0Y521 classification is reissued.

governing ‘‘Disclosure Requirements for

Depository Institutions Lacking Federal

Deposit Insurance’’ under the Federal

Deposit Insurance Corporation

Improvement Act and its ‘‘Procedures

for State Application for Exemption

from the Provisions of the [Federal Debt

Collection Practices] Act.’’ These rules

have been republished by the CFPB.

DATES: Effective Date: April 13, 2012.

ADDRESSES: Copies of this document are

available from: Public Reference Branch,

Room 130, Federal Trade Commission,

600 Pennsylvania Avenue NW.,

Washington, DC 20580. Copies of this

document are also available on the

Internet at the Commission’s Web site:

http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT:

FCRA Rules: Katherine Armstrong,

Senior Attorney, Division of Privacy and

Identity Protection, Bureau of Consumer

Protection, (202) 326–3250, Federal

Trade Commission, 600 Pennsylvania

Avenue NW., Washington, DC 20580.

Mortgage Rules: For the Mortgage

Acts and Practices—Advertising Rule,

contact Laura Johnson, Senior Attorney,

Financial Practices Division, Bureau of

Consumer Protection, (202) 326–3224,

Federal Trade Commission, 600

Pennsylvania Avenue NW., Washington,

DC 20580. For the Mortgage Assistance

Relief Services Rule, contact Evan

Zullow, Senior Attorney, Financial

Practices Division, Bureau of Consumer

Protection, (202) 326–3224, Federal

Trade Commission, 600 Pennsylvania

Avenue NW., Washington, DC 20580.

Deposit Insurance: Hampton

Newsome, Senior Attorney,

Enforcement Division, Bureau of

Consumer Protection, (202) 326–2889,

Federal Trade Commission, 600

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Item-specific license exception eligibility.

Pennsylvania Avenue NW., Washington,

DC 20580.

Debt Collection: Thomas Kane, Senior

Attorney, Financial Practices Division,

Bureau of Consumer Protection, (202)

326–3224, Federal Trade Commission,

600 Pennsylvania Avenue NW.,

Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

On July 21, 2010, President Obama

signed into law the Dodd-Frank Wall

Street Reform and Consumer Protection

Act (‘‘Dodd-Frank Act’’).1 The DoddFrank Act substantially changed the

federal legal framework for financial

services providers. Among the changes,

the Dodd-Frank Act transferred to the

CFPB the Commission’s rulemaking

authority under the Fair Debt Collection

Practices Act (‘‘FDCPA’’),2 section 43 of

the Federal Deposit Insurance Act

(‘‘FDIA’’),3 section 626 of the 2009

Omnibus Appropriations Act,4 and

portions of the Fair Credit Reporting Act

1 Public Law 111–203, 124 Stat. 1376 (2010).

2 15 U.S.C. 1692–1692p.

3 12 U.S.C. 1831t(c)-(f).

4 Public Law 111–8, section 626, 123 Stat. 524

(Mar. 11, 2009).

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(‘‘FCRA’’) (collectively, ‘‘the Acts’’),5 on

July 21, 2011.6

As a result, the Commission is

rescinding the following nine rules

issued under the Acts, which have been

republished by the CFPB:

• Disclosure Requirements for

Depository Institutions Lacking Federal

Deposit Insurance, 16 CFR Part 320

(republished by the CFPB at 12 CFR part

1009);

• Mortgage Acts and Practices—

Advertising Rule, 16 CFR part 321

(republished by the CFPB at 12 CFR part

1014);

• Mortgage Assistance Relief Services

Rule, 16 CFR part 322 (republished by

the CFPB at 12 CFR part 1015);

• [Identity Theft] Definitions, 16 CFR

Part 603 (republished by the CFPB at 12

CFR 1022.3);

• Free Annual File Disclosures Rule,

16 CFR Part 610 (republished by the

CFPB at 12 CFR 1022.130);

• Prohibition Against Circumventing

Treatment as a Nationwide Consumer

Reporting Agency, 16 CFR Part 611

(republished by the CFPB at 12 CFR

1022.140);

• Duration of Active Duty Alerts, 16

CFR part 613 (republished by the CFPB

at 12 CFR 1022.121);

• Appropriate Proof of Identity, 16

CFR part 614 (republished by the CFPB

at 12 CFR 1022.123); and

• Procedures for State Application for

Exemption from the Provisions of the

[Fair Debt Collection Practices] Act, 16

CFR part 901 (republished by the CFPB

at 12 CFR part 1006).

The CFPB republished these rules on an

interim final basis and the CFPB rules

became effective on December 30,

2011.7 Accordingly, the FTC is

5 15 U.S.C. 1681 et seq. The Dodd-Frank Act does

not transfer to the CFPB rulemaking authority for

FCRA sections 615(e) (‘‘Red Flag Guidelines and

Regulations Required’’) and 628 (‘‘Disposal of

Records’’). See 15 U.S.C. 1681s(e); Public Law 111–

203, section 1088(a)(10)(E). Accordingly, the

Commission retains rulemaking authority for its

‘‘Identity Theft Rules,’’ 16 CFR part 681, and its

rules governing ‘‘Disposal of Consumer Report

Information and Records,’’ 16 CFR Part 682. See 15

U.S.C. 1681m, 1681w. In addition, the Commission

retains rulemaking authority under FCRA over any

motor vehicle dealer described in Section 1029(a)

of the Dodd-Frank Act that is predominantly

engaged in the sale and servicing of motor vehicles,

the leasing and servicing of motor vehicles, or both.

See Dodd-Frank Act, § 1029(a), (c).

6 Dodd-Frank Act, § 1061. This date is the

‘‘designated transfer date’’ established by the

Treasury Department under the Dodd-Frank Act.

See Dep’t of the Treasury, Bureau of Consumer

Financial Protection; Designated Transfer Date, 75

FR 57252, 57253 (Sept. 20, 2010); see also DoddFrank Act, § 1062.

7 See 76 FR 78121 (Dec. 16, 2011); 76 FR 78126

(Dec. 16, 2011); 76 FR 78130 (Dec. 16, 2011); 76 FR

79308 (Dec. 21, 2011).

VerDate Mar<15>2010

12:58 Apr 12, 2012

Jkt 226001

rescinding its version of these rules

effective immediately.

The FTC will retain rulemaking

authority for other rules promulgated

under the Acts to the extent the rules

apply to motor vehicle dealers described

in section 1029(a) of the Dodd-Frank

Act that are predominantly engaged in

the sale and servicing of motor vehicles,

the leasing and servicing of motor

vehicles, or both.8 These seven rules

are:

• Privacy of Consumer Financial

Information Privacy Rule, 16 CFR part

313;

• Duties of Creditors Regarding RiskBased Pricing, 16 CFR part 640;

• Duties of Users of Consumer

Reports Regarding Address

Discrepancies, 16 CFR part 641;

• Prescreen Opt-Out Notice, 16 CFR

part 642;

• Duties of Furnishers of Information

to Consumer Reporting Agencies, 16

CFR part 660;

• Affiliate Marketing, 16 CFR part

680; and

• Model Forms and Disclosures, 16

CFR part 698.

The Commission is authorized to

maintain these rules pursuant to section

1029(c) of the Dodd-Frank Act and

section 504(a) of the Gramm-LeachBliley Act.9 These rules remain in effect

to the extent that they apply to motor

vehicle dealers and will remain in Title

16 of the Code of Federal Regulations.

Under the Dodd-Frank Act, the FTC

also retains its authority to bring law

enforcement actions to enforce the Acts

and FTC and CFPB rules issued under

the Acts.

A. Rules Under the Fair Credit

Reporting Act

The FCRA governs the collection,

assembly, and use of consumer report

information and provides the framework

for the credit reporting system in the

United States.10 Since enactment of the

FCRA in 1970, the FTC has played a key

role in its implementation, oversight,

enforcement, and interpretation.

On July 21, 2011, the Dodd-Frank Act

transferred to the CFPB most of the

Commission’s rulemaking authority

under the FCRA.11 As a result, the

Commission is rescinding the rules

discussed below, which the CFPB

republished on an interim final basis on

December 21, 2011. The republished

rules became effective on December 30,

2011.12

1. 16 CFR Part 603: [Identity Theft]

Definitions

The Fair and Accurate Credit

Transactions Act of 2003 (‘‘FACT Act’’)

amended the FCRA and included

requirements for consumer reporting

agencies, creditors, and others to help

remedy identity theft. The FTC issued

final rules to define the terms ‘‘identity

theft’’ and ‘‘identity theft report.’’ 13

2. 16 CFR Part 610: Free Annual File

Disclosures Rule

The FACT Act required consumer

reporting agencies to provide consumers

with one free copy of their file

disclosure annually. (These free annual

file disclosures are commonly known as

‘‘free credit reports.’’) As required by the

FACT Act, the FTC issued a rule

requiring the establishment of a

centralized source through which

consumers may request these free

annual file disclosures from each

nationwide consumer reporting agency;

a standardized form for such requests;

and a streamlined process for

consumers to request free annual file

disclosures from nationwide specialty

consumer reporting agencies.14

Pursuant to the Credit Card

Accountability Responsibility and

Disclosure Act of 2009 (‘‘Credit CARD

Act’’),15 the FTC amended the rule to

require that certain advertisements for

‘‘free credit reports’’ include prominent

disclosures, and to prohibit other

practices that may interfere with the free

annual file disclosure process.16

3. 16 CFR Part 611: Prohibition Against

Circumventing Treatment as a

Nationwide Consumer Reporting

Agency

The FCRA imposes certain specific

requirements on ‘‘nationwide consumer

reporting agencies.’’ As required by the

FACT Act, the FTC promulgated an

interim final rule prohibiting consumer

reporting agencies from avoiding

treatment as nationwide consumer

reporting agencies through any means,

including corporate structuring or

technological methods.17

4. 16 CFR Part 613: Duration of Active

Duty Alerts

Active Duty Alerts help service

members who are deployed and may

find it difficult to monitor their

financial accounts. These service

members can place alerts on their credit

reports, which require that users of such

8 See Dodd-Frank Act, § 1029(a), (c).

9 15 U.S.C. 6804(a).

13 69 FR 63922 (Nov. 3, 2004).

10 15 U.S.C. 1681 et seq.

14 69 FR 35468 (June 24, 2004).

11 See supra note 5.

15 Public Law 111–24, 123 Stat. 1734.

12 See 76 FR 79308 (Dec. 21, 2011); see also 12

16 75 FR 9726 (Mar. 3, 2010).

17 69 FR 29061 (May 20, 2004).

CFR part 1022.

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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations

reports have reasonable policies and

procedures to verify the identity of the

person requesting credit. As required by

the FACT Act, the FTC issued a final

rule establishing that the duration of

active duty alerts shall be twelve

months.18

5. 16 CFR Part 614: Appropriate Proof

of Identity

As required by the FACT Act, the FTC

established requirements for what

constitutes appropriate proof of identity

for purposes of who can place fraud or

active duty alerts or request truncation

of social security numbers on credit

reports.19 The rule helps to ensure that

identity thieves cannot easily access

another person’s credit report.

B. Mortgage Rules

Section 626 of the 2009 Omnibus

Appropriations Act,20 as clarified by the

Credit CARD Act,21 directed the

Commission to initiate rulemakings

with respect to unfair or deceptive acts

or practices involving mortgage loans.

To implement the Act, the Commission

issued two rules on mortgage loan

practices: the Mortgage Acts and

Practices-Advertising (‘‘MAP-Ad’’) Rule

and the Mortgage Assistance Relief

Services (‘‘MARS’’) Rule.

Because the Dodd-Frank Act

transferred to the CFPB the

Commission’s rulemaking authority

under Section 626, the Commission is

rescinding its MAP-Ad and MARS rules.

The CFPB republished these rules on an

interim final basis on December 16,

2011. The republished rules became

effective on December 30, 2011.22

1. 16 CFR Part 321: Mortgage Acts and

Practices—Advertising

The MAP-Ad Rule prohibits deceptive

marketing of mortgage loans.23

2. 16 CFR Part 322: Mortgage Assistance

Relief Services Rule

The MARS Rule addresses the

practices of entities (other than

mortgage servicers) who offer assistance

to consumers in dealing with owners or

servicers of their loans to modify them

or avoid foreclosure.24 The rule bans

providers of mortgage foreclosure rescue

and loan modification services from

collecting fees until homeowners have a

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19 Id.

20 Omnibus Appropriations Act, 2009, Public Law

111–8, 123 Stat. 524.

21 Credit Card Act § 511(a)(1)(B).

22 76 FR 78130 (Dec. 16, 2011); see also 12 CFR

parts 1014 and 1015.

23 76 FR 43826 (July 22, 2011); see also 16 CFR

part 321.

24 75 FR 75092 (Dec. 1, 2010); see also 16 CFR

part 322.

12:58 Apr 12, 2012

C. Deposit Insurance

The Federal Deposit Insurance

Corporation Improvement Act

(‘‘FDICIA’’) added a new section 43 (12

U.S.C. 1831t) to the FDIA, which

directed the Commission to prescribe

disclosures for depository institutions

that lack federal deposit insurance.25

Under Section 43, the Commission

issued a rule requiring covered

institutions to include a disclosure

about the lack of federal deposit

insurance on periodic statements and

account records.26 In addition, the rule

requires most advertising for these

institutions to include disclosures about

the lack of federal insurance. The

covered institutions also must obtain

signed acknowledgments from new

depositors about the fact that the

institution is not federally insured.

The Dodd-Frank Act transferred the

Commission’s rulemaking authority

under the FDIA to the CFPB. As a result,

the Commission is rescinding its

Disclosure Requirements for Depository

Institutions Lacking Federal Deposit

Insurance, which the CFPB republished

on an interim final basis on December

16, 2011. The republished rules became

effective on December 30, 2011.27

D. Debt Collection

The FDCPA provided the Commission

with rulemaking authority to

promulgate procedures for granting

states exemptions from the FDCPA.28

Pursuant to Section 817 of the FDCPA,

the Commission promulgated

Procedures for State Application for

Exemption from the Provisions of the

[Fair Debt Collection Practices] Act

(‘‘Procedures’’).29

Under the Procedures, any state may

apply to the Commission for a

determination that debt collection

practices within the state are subject to

25 See Public Law 102–242, 105 Stat. 2236.

18 69 FR 63922 (Nov. 3, 2004).

VerDate Mar<15>2010

written offer from their lender or

servicer that they decide is acceptable.

The rule also requires mortgage relief

companies to disclose key information

to consumers to protect them from being

misled and to help them make better

informed purchasing decisions. In

addition, the rule prohibits mortgage

relief companies from making false or

misleading claims about their services.

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26 16 CFR part 320; see also 75 FR 31682 (June

4, 2010). These disclosure requirements do not

apply to depository institutions that do not receive

initial deposits of less than the standard maximum

insurance amount for federal deposit insurance.

That amount is currently $250,000.

27 See 76 FR 78126 (Dec. 16, 2011); see also 12

CFR part 1009.

28 FDCPA, § 817, 15 U.S.C. 1692o.

29 16 CFR part 901; see also 44 FR 21005 (Apr.

9, 1979).

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requirements under the laws of the state

that are substantially similar to, or

provide greater protection for

consumers than, those imposed under

sections 803 through 812 of the FDCPA,

and that there is adequate provision for

state enforcement of those

requirements.30 If the Commission

determines that a state has met these

criteria, the Commission must exempt

the class of debt collection practices in

that state from the requirements of

sections 803 through 812.31

Because the Dodd-Frank Act

transferred to the CFPB the

Commission’s authority under the

FDCPA to grant exemptions by

regulation, the Commission is

rescinding its Procedures for State

Application for Exemption from the

Provisions of the [Fair Debt Collection

Practices] Act. The CFPB republished

rules governing these procedures on an

interim final basis on December 16,

2011. The republished rules became

effective on December 30, 2011.32

II. Procedural Requirements

Under the Administrative Procedure

Act,33 an agency may promulgate or

rescind a rule without prior notice and

an opportunity for public comment if

the agency finds for good cause that

notice and comment are unnecessary.34

Public comment on the rescission of

these rules is unnecessary because the

FTC’s rulemaking authority has

transferred to the CFPB pursuant to the

statutory mandate of the Dodd-Frank

Act. Thus, the FTC has no discretion to

maintain these rules, and there is no

reason for public comment on this

regulatory action. The CFPB’s

regulations went into effect on

December 30, 2011. Therefore,

rescission of the FTC rules will help

avoid confusion as to which rules are

now in effect. Accordingly, the

Commission finds that public notice

and comment is unnecessary.

In addition, the Commission has

determined that the rescissions may

take effect immediately upon

publication of this notice in the Federal

Register, as permitted by the

Administrative Procedure Act.35 The

removal of the regulations is exempt

from the usual 30-day notice

requirement as it merely ‘‘relieves a

30 16 CFR 901.2.

31 16 CFR 901.6.

32 76 FR 78121 (Dec. 16, 2011); see also 12 CFR

Part 1006.

33 5 U.S.C. 553(b)(B).

34 Nat’l Customs Brokers & Forwarders Ass’n v.

United States, 59 F.3d 1219, 1223–1224 (Fed. Cir.

1995).

35 5 U.S.C. 553(d)(1).

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restriction’’ from FTC requirements.36

The 30-day notice requirement does not

apply under these circumstances, in

which the Dodd-Frank Act transferred

authority to issue these rules to the

CFPB as of the designated transfer date.

Therefore, affected persons do not need

time to prepare for or take any action

with regard to the rescission.37

III. Paperwork Reduction Act

The Free Annual File Disclosures

Rule and the mortgage rules contain

information requirements that have

been approved by the Office of

Management and Budget (‘‘OMB’’)

under the Paperwork Reduction Act of

1995 (‘‘PRA’’).38 Because the FTC and

CFPB share enforcement authority for

these rules, the CFPB has assumed half

of the FTC’s previously cleared burden

estimates for these rules and OMB has

approved the CFPB’s request for

emergency clearance. In turn, the FTC

has submitted associated adjustment

requests to OMB to reduce by half the

FTC’s previously cleared estimates

under the PRA assigned to these rules.

IV. Regulatory Flexibility Act

Because the Commission has

determined that it may remove these

regulations without public comment,

the Commission is also not required to

publish any initial or final regulatory

flexibility analysis under the Regulatory

Flexibility Act as part of such action.39

List of Subjects

16 CFR Part 320

Credit unions, Depository institutions,

and Federal deposit insurance.

16 CFR Part 321

Advertising, Communications,

Consumer protection, Credit, Mortgages,

Trade practices.

16 CFR Part 322

Consumer protection, Trade practices,

Telemarketing.

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16 CFR Part 603

Fair Credit Reporting Act, Consumer

reports, Consumer reporting agencies,

Credit, Information furnishers, Identity

theft, Trade practices.

36 5 U.S.C. 553(d)(1); see also Indep. U.S. Tanker

Owners Comm. v. Skinner, 884 F.2d 587, 591 (DC

Cir. 1989).

37 See Daniel Int’l Corp. v. Occupational Safety &

Health Review Com., 656 F.2d 925, 931 (4th Cir.

1981) (‘‘The purpose of the 30-day notice

requirement in § 553(d) is to ‘afford persons affected

a reasonable time to prepare for the effective date

of a rule or rules or to take any other action which

the issuance of rules may prompt.’ Administrative

Procedure Act Legislative History, 79th Cong., 2d

Sess. 201 (1946)’’).

38 44 U.S.C. 3501 et seq.

39 See 5 U.S.C. 603(a), 604(b).

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12:58 Apr 12, 2012

Jkt 226001

16 CFR Part 610

Fair Credit Reporting Act, Consumer

reports, Consumer reporting agencies,

Credit, Trade practices.

16 CFR Part 611

Consumer reports, Consumer

reporting agencies, Credit, Information

furnishers, Identity theft, Trade

practices.

16 CFR Part 613

Fair Credit Reporting Act, Consumer

reports, Consumer reporting agencies,

Credit, Information furnishers, Identity

theft, Trade practices.

16 CFR Part 614

Fair Credit Reporting Act, Consumer

reports, Consumer reporting agencies,

Credit, Information furnishers, Identity

theft, Trade practices.

16 CFR Part 901

Administrative practice and

procedure, Consumer protection, Credit,

Intergovernmental relations.

Accordingly, for the reasons set forth

above, the Commission amends Chapter

I of Title 16, Code of Federal

Regulations, as follows:

■ 1. Revise part 320 to read as follows:

PART 320—DISCLOSURE

REQUIREMENTS FOR DEPOSITORY

INSTITUTIONS LACKING FEDERAL

DEPOSIT INSURANCE

Authority: 12 U.S.C. 1831t; 15 U.S.C. 41

et seq.

§ 320.1

Cross-reference.

The rules formerly at 16 CFR part 320

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

part 1009, ‘‘Disclosure Requirements for

Depository Institutions Lacking Federal

Deposit Insurance (Regulation I).’’

■ 2. Revise part 321 to read as follows:

PART 321—MORTGAGE ACTS AND

PRACTICES—ADVERTISING

Authority: Pub. L. 111–8, section 626, 123

Stat. 524, as amended by Pub. L. 111–24,

section 511, 123 Stat. 1734.

§ 321.1

Cross-reference.

The rules formerly at 16 CFR part 321

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

part 1014, ‘‘Mortgage Acts and Practices

Advertising (Regulation N).’’

■ 3. Revise part 322 to read as follows:

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22203

PART 322—MORTGAGE ASSISTANCE

RELIEF SERVICES

Authority: Pub. L. 111–8, section 626, 123

Stat. 524, as amended by Pub. L. 111–24,

section 511, 123 Stat. 1734.

§ 322.1

Cross-reference.

The rules formerly at 16 CFR part 322

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

part 1015, ‘‘Mortgage Assistance Relief

Services (Regulation O).’’

■ 4. Revise part 603 to read as follows:

PART 603—DEFINITIONS

Authority: Pub. L. 108–159, sec. 111; 15

U.S.C. 1681a.

§ 603.1

Cross-reference.

The rules formerly at 16 CFR part 603

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

1022.3, ‘‘Fair Credit Reporting

(Regulation V).’’

■ 5. Revise part 610 to read as follows:

PART 610—FREE ANNUAL FILE

DISCLOSURES

Authority: 15 U.S.C. 1681a, g, and h; sec.

211(a) and (d), Pub. L. 108–159, 117 Stat.

1968 and 1972 (15 U.S.C. 1681j); Pub. L. 111–

24.

§ 610.1

Cross-reference.

The rules formerly at 16 CFR part 610

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

1022.130, ‘‘Fair Credit Reporting

(Regulation V).’’

■ 6. Revise part 611 to read as follows:

PART 611—PROHIBITION AGAINST

CIRCUMVENTING TREATMENT AS A

NATIONWIDE CONSUMER

REPORTING AGENCY

Authority: Pub. L. 108–159, sec. 211(b); 15

U.S.C. 1681x.

§ 611.1

Cross-reference.

The rules formerly at 16 CFR part 611

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

1022.140, ‘‘Fair Credit Reporting

(Regulation V).’’

■ 7. Revise part 613 to read as follows:

PART 613—DURATION OF ACTIVE

DUTY ALERTS

Authority: Pub. L. 108–159, sec. 112(a); 15

U.S.C. 1681c–1.

§ 613.1

Cross-reference.

The rules formerly at 16 CFR part 613

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations

1022.121, ‘‘Fair Credit Reporting

(Regulation V).’’

■ 8. Revise part 614 to read as follows:

PART 614—APPROPRIATE PROOF OF

IDENTITY

Authority: Pub. L. 108–159, sec. 112(b).

§ 614.1

Cross-reference.

The rules formerly at 16 CFR part 614

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

1022.123, ‘‘Fair Credit Reporting

(Regulation V).’’

■ 9. Revise part 901 to read as follows:

PART 901—PROCEDURES FOR STATE

APPLICATION FOR EXEMPTION FROM

THE PROVISIONS OF THE ACT

Authority: Pub. L. 95–109, 91 Stat. 874, 15

U.S.C. 1692o; 5 U.S.C. 552.

§ 901.1

Cross-reference.

The rules formerly at 16 CFR part 901

have been republished by the Consumer

Financial Protection Bureau at 12 CFR

part 1006, ‘‘Fair Debt Collection

Practices Act (Regulation F).’’

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 2012–8748 Filed 4–12–12; 8:45 am]

BILLING CODE 6750–01–P

DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 15

Employment and Training

Administration

20 CFR Parts 638 and 670

RIN 1290–AA25

Administrative Claims Under the

Federal Tort Claims Act and Related

Statutes

AGENCY: Office of the Secretary,

Employment and Training

Administration, Labor.

ACTION: Direct final rule.

pmangrum on DSK3VPTVN1PROD with RULES

SUMMARY: This amendment revises the

Department of Labor’s (DOL) regulations

governing administrative claims

submitted to DOL pursuant to the

Federal Tort Claims Act (FTCA), the

Military Personnel and Civilian

Employees’ Claims Act (MPCECA), and

for payment of claims arising out of the

operation of the Job Corps. The

regulations governing such claims were

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12:58 Apr 12, 2012

Jkt 226001

last revised in 1995. MPCECA has since

been amended to allow payment of up

to $100,000 if the claim arose from an

emergency or extraordinary

circumstance. Further, the

implementing authority for the Job

Corps was changed to the Workforce

Investment Act (WIA) since the last time

the regulations were updated. These

regulations are being amended to reflect

those changes, improve the clarity and

ease of use of the regulations, and to

harmonize the regulations governing

these claims between those regulations

in titles 20 and 29 of the CFR, which

includes deleting the references to these

claims in 20 CFR part 638 as these

revisions have rendered those sections

unnecessary. Finally, the regulations in

title 20 have also been updated to reflect

the recently revised regulations

regarding claims of Job Corps students

under the Federal Employees’

Compensation Act (FECA).

DATES: This direct final rule is effective

July 12, 2012 without further action,

unless adverse comment is received by

June 12, 2012. If an adverse comment is

received, DOL will publish a timely

withdrawal of the rule in the Federal

Register.

ADDRESSES: You may submit comments

on the direct final rule, identified by

Regulatory Information Number (RIN)

1290–AA25, by one of the following

methods: Federal e-Rulemaking Portal:

The Internet address to submit

comments on the rule is http://

www.regulations.gov. Follow the Web

site instructions for submitting

comments.

Mail: Submit written comments to

Catherine P. Carter, Counsel for Claims

and Compensation, Office of the

Solicitor, U.S. Department of Labor,

Room S–4325, 200 Constitution Avenue

NW., Washington, DC 20210. Because of

security measures, mail directed to

Washington, DC is sometimes delayed.

We will only consider comments

postmarked by the U.S. Postal Service or

other delivery service on or before the

deadline for comments.

Instructions: All comments must

include the RIN 1290–AA25 for this

rulemaking. Receipt of any comments,

whether by mail or Internet, will not be

acknowledged. Because DOL continues

to experience delays in receiving postal

mail in the Washington, DC area,

commenters are encouraged to submit

any comments by mail early.

Comments on the direct final rule will

be available for public inspection during

normal business hours at the address

listed above for mailed comments.

Persons who need assistance to review

the comments will be provided with

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appropriate aids such as readers or print

magnifiers. Copies of this direct final

rule may be obtained in alternative

formats (e.g., large print, audiotape or

disk) upon request. To schedule an

appointment to review the comments

and/or to obtain the direct final rule in

an alternative format, contact DOL at

202–693–5320 (this is not a toll-free

number).

FOR FURTHER INFORMATION CONTACT:

Catherine P. Carter, Counsel for Claims

and Compensation, Office of the

Solicitor, U.S. Department of Labor,

Room S–4325, 200 Constitution Avenue

NW., Washington, DC 20210,

Telephone: 202–693–5320 (this is not a

toll-free number).

Individuals with hearing or speech

impairments may access this telephone

number via TTY by calling the toll-free

Federal Information Relay Service at 1–

800–877–8339.

SUPPLEMENTARY INFORMATION:

I. Direct Final Rule and Concurrent,

Identical Proposed Rule

Since this rule is not controversial

and primarily concerns agency

procedures, we have determined that

the subject of this rulemaking is suitable

for a direct final rule. No significant

adverse comments are anticipated.

However, concurrent with this direct

final rule, a separate, identical proposed

rule is published in today’s issue of the

Federal Register. The duplicate

proposed rule will expedite rulemaking

in the event we receive significant

adverse comments and we withdraw

this direct final rule. All interested

parties should comment at this time

because we will not initiate an

additional comment period. If no

significant adverse comments to the

accompanying proposed rule are

received on or before June 12, 2012, this

direct final rule will become effective

July 12, 2012 without further notice.

If significant adverse comments are

received, we will publish a timely

notice in the Federal Register

withdrawing this direct final rule, and

will then proceed with the rulemaking

by addressing the comments and

developing a final rule from the

proposed rule published elsewhere in

today’s issue of the Federal Register.

For purposes of withdrawing this direct

final rule, a significant adverse

comment is one that explains (1) why

the direct final rule is inappropriate,

including challenges to the rule’s

underlying premise or approach; or (2)

why the direct final rule will be

ineffective or unacceptable without a

change. In determining whether a

significant adverse comment

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