Page 1 of 7 BUREAU O F CONSUMER FINANCIAL PROTECTION

PAPERWORK REDUCTION ACT SUBMISSION

I NFORMATION COLLECTION REQUEST

SUPPORTING STATEMENT PART A

CFPB STATE OFFICIAL NOTIFICATIO N RULE

- 12 CFR § 1320

(OMB CONTROL NUMBER: 3170

- 0019 )

OMB TERMS OF CLEARANCE: Not applicable. The Office of Management and Budget

(OMB) provided no Terms of Clearance when it last approved this collection of information in

April 2012.

ABSTRACT: S ection 1042 of the Dodd

– Frank Wall Street Reform and Consumer P rotection

Act , 12 U.S.C. § 5552 (“ Act ”) , gave authority to certain State and US territorial officials to

enforce the Act and regulations prescribed thereunder. Section 1042 also requires that the

Consumer Financial Protection Bureau (“Bureau”) issue a rule establishing how states are to

provide notice to the Bureau before taking action to enforce the Act (or, in emergency situations,

immediately after taking such an action). In accordance with the requirements of the Act, the

Bureau issued a fin al rule (12 CFR § 1082.1) establishing that notice should be provided at least

10 days before the filing of an action, with certain exceptions, and setting forth a limited set of

information which is to be provided with the notice.

OMB’s approval for this collection of information is scheduled to expire on 04/30/2015.

Pursuant to the requirements set forth in the Paperwork Reduction Act (PRA) implementing

regulations at 5 CFR § 1320.12, Clearance of collections of information in current rules , t his

request i s for OMB to extend (renew) its Paperwork Reduction Act approval for this collection

of information for an additional three years.

PART A. JUSTIFICATION

1. Circumstances Necessitating the Data Collection

Section 1042 of the Dodd

– Frank Wall Street Reform and Consumer P rotection Act , 12 U.S.C. §

5552 (“the Act ”) , gave authority to certain state officials to enforce the Act and regulations

prescribed thereunder. Section 1042 also requires that the Consumer Financial Protection Bureau

(“Bureau”) issue a rule establishing how states are to provide notice to the Bureau before taking

action to enforce the Act (or, in emergency situations, immediately after taking such an action).

In accordance with the requirements of the Act, the Bureau issued a final rul e (12 CFR § 1082.1)Page 2 of 7 establishing that notice should be provided at least 10 days 1 before the filing of an action, with

certain exceptions, and setting forth a limited set of information which is to be provided with the

notice . The notification requirements substantially track the statutory language provided at 12

U.S.C. § 5552(b) ) and include the following information :

• the court or body in which the action or proceeding is to be initiated;

• the identity of the parties to the action or proceeding;

• the nature of the action or proceeding to be initiated;

• the anticipated date of initiating the action or proceeding;

• the alleged facts underlying the action or proceeding;

• a contact name, electronic mail address, and phone number of an individual involved

with the matter in the office of the State Official with whom the Bureau may consult;

• a determination as to whether there may be a need to coordinate the prosecution of the

action or proceeding so as not to interfere with any action, including any rulema king,

undertaken by the Bureau, a prudential regulator, or another Federal agency; and

• a complete and unredacted copy of any complaint, motion for relief, or similar document

that is the subject of the notice, in its form as of the date the notice is prov ided.

When notice is provided after the initiation of an action, the written description shall also include

the following information:

• a brief description of any preceding that occurred as a result of the initiation of the action

or proceeding, including any orders issued by a court or other body;

• any case number, matter number, or designation assigned to the action;

• information on scheduled court or other administrative or regulatory proceedings; and

• a complete, unredacted copy of any document filed by any party in relation to the action

and any orders issued by the court or other body.

By statute, as noted above, state officials are required to provide notice to the B ureau and, a s

previously indicated, this notice is necessary to ensure that the Bureau is informed of pending

matters and can evaluate those matters and determine a course of action. Without this rule, the

Bureau ’s awareness of how new authorities granted by the Act are being implemented will be

1 Pursuant to 12 U.S.C. 5552(b), for “Emergency actions’ 12 CFR §1082.1(b) requires that notice be provided “as

soon as is practicable and not later than 48 hours after initiation of the action or proceeding.”Page 3 of 7 substantially hindered.

2. Use of the Information

The data is received each time a state official files an action to enforce the Act or a regulation

promulgated thereunder. The data is collected by the Bureau (through electronic mail

submissions), and specifically by the Division of Enforcement and the Executive Secretary, who

will share it as necessary and appropriate within the Bureau and elsewhere in government,

pursuant to the process set out in the rules. It will also be collected by the prudential regulators

(through postal mail or electronic mail submissions) where relevant. Unless used as part of a

legal proceeding in which the Bureau is engaged, it is not expected that the information will be

shared with the public by those receiving the notice, unless the information is already made

public by the state official providing the notice.

As discussed above, the information provided in the notice is used by the Bureau (and prudential

regulators, where r elevant) to stay informed about the enforcement activities of state officials

enforcing the Act and to decide when and how, if at all, to react to such activities.

3. Use of Information Technology

To ensure that the process of providing notice is both easy and fast, notice to the Bureau is

provided by electronic mail. State officials have the option of providing notice electronically or

by postal mail to prudential regulators.

4. Efforts to Identify Duplication

The Bureau is not aware of any other formal process by which the Bureau would be notified of

pending state enforcement actions.

5. Efforts to Minimize Burdens on Small Entities

Not applicable. The information collected will come from state officials. Small bus inesses or

other small entities are not impacted by this collection of information.

6. Consequences of Less Frequent Collection and Obstacles to Burden Reduction

As discussed above, failing to collect this information may leave the Bureau without the

necessary information as to pending state actions in an area of law for which the Bureau has

primary regulatory authority, which will limit the Bureau ’s ability to consult with states and

become involved as appropriate before a case is filed.

7. Circumstances Requiring Special Information Collection

There are no special circumstances. The collection of information is conducted in a manner

consistent with the guidelines in 5 CFR § 1320. 5(d)(2).Page 4 of 7 8. Consultation Outside the Agency

In accor dance with 5 CFR § 1320.8(d)(1), the Bureau has published a notice Federal Register

allowing the public 60 days to comment on this proposed the extension (renewal) of this

currently approved collection of information. Further and in accordance with 5 CFR

§1 320.5(a)(1)(iv), the Bureau will publish a notice in the Federal Register allowing the public 30

days to comment on the submission of this information collection request to the Office of

Management and Budget.

9. Payments or Gifts to Respondents

Not applicable. The information collection does not provide for making payments or gifts to

respondents.

10. Assurances of Confidentiality

As set forth in the rule at 12 CFR § 1082.1(e) , unless and until the information becomes

P ublically available, the substance and fact of the notice will not be disclosed by the Bureau or

any relevant prudential regulator who received the notice except:

• as required by law;

• with the permission of the state official who provided the notice; or

• by the Bure au to another state of federal entity when necessary to protect the public

interest, after consultation with the state official who provided the notice.

Because this collection of information does not involve the collection of information from or

about individuals, the Privacy Act of 1974, as amended 5 U.S.C. § 552a is not implicated.

Therefore, no privacy impact assessment has been conducted nor has the B ureau published a

Systems of Records Notice relative to this collection of information.

11. Justification for Sensitive Questions

Not applicable. The collection of information does not impact individuals and does not collect

information that would be considered private.

12. Estimated Burden of Information Collection

The information sent under the notice provisions of the rule is primarily information which the

state officials providing the notice would have already collected and have available at the time

notice is given. The requirements apply to all fifty (50) stat es , the District of Columbia, and all

five (5) inhabited U.S. territories ; therefore the total number of potential respondents is 5 6

. It is

estimated that compiling and sending the requested information would require no more than 30Page 5 of 7 minutes 2 of additional work. Over the past three years, on average the Bureau has 3 per year.

Accordingly, the Bureau estimates the burden on states and territories as follows:

3 Notice s per year x .5 hours = 1.5 annual burden hours.

13. Estimated Total Annual Cost Burden to Respondents or Recordkeepers

There should be minimal annualized costs for the state officials to collect and submit this

information, consisting of only the de minimis costs related to compiling the information and

t ransmitting it to the CFPB

14. Estimated Cost to the Federal Government

The Bureau does not incur any new or unique costs as a result of this collection of information.

15. Program Changes or Adjustments

The Bureau is not reporting any program changes with this submission. The Bureau is reporting

an adjustment of 1 hour since the collection was last approved by OMB in April 2012. The

adjustment results from the Bureau’s experience administering its regula tory requirements for

state notifications

.

Summary of Burden Changes

Total

Respondents Annual

Responses Burden Hours Cost Burden

(O & M)

Total Annual Hours

Requested 3 1 1.5 0

Current OMB

Inventory 1 1 .5 0

Difference (+/

- ) +2 +1.0

Program Change 0 0 0 0

Discretionary 2 0 1.0 0

New Statute 0 0 0 0

Violation 0 0 0 0

Adjustment +2 +1.0

16. Plans for Tabulation, Statistical Analysis, and Publication

2 As part of the standard PRA clearance process, the Bureau, among other thing s, sought public comment on this

estimate (see 76 FR 71932 and 77 FR 12255 ). The Bureau received no comments in regards to this estimate.

Further, the Bureau has received no comments from states pertaining to this estimate.Page 6 of 7 Not applicable. The information will not be published.

17. Display of Expiration Date

T he OMB control number and expiration date will be displayed on the Federal government’s

electronic PRA docket at www.reginfo.gov

.

18. Exceptions to the Certification Requirement

The Bureau certifies that this collection of information is consistent with the requirements of 5

CFR § 1320.9, and the related provisions of 5 CFR § 1320.8(b)(3) and is not seeking an

exemption to these certification requirements.Page 7 of 7