78230 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 

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 CFPB 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). 

5 15 U.S.C. 1681j(f)(2). 

6The Bureau of Labor Statistics began reporting 

CPI–U with three decimal points instead of one 

decimal point in 2007. 

database, this option is canceled in 

accordance with section 18(a)(4), or the 

insured chooses to no longer replace 

that actual yield(s) by the production 

reporting date. 

(iii) If you cancel the option, the 

actual yield will be used in the APH 

database. 

(2) Premium—Your approved yield 

will be used to determine your amount 

of premium owed. The premium will be 

increased to cover the additional risk 

associated with the resulting higher 

yields. 

(3) Adjustment—The adjustment will 

equal an increase of your actual yield by 

1 percent per day for each day the sugar 

beets were harvested prior to full 

maturity. 

(4) Threshold—The adjustment will 

only be made if the early harvested 

percentage of insured acreage in the unit 

meets or exceeds 15 percent, unless 

otherwise specified in the Special 

Provisions. 

(5) Cap—The adjustment cannot 

result in a yield greater than the higher 

of: 

(i) Your approved yield from the unit; 

(ii) The actual yield of the acreage 

harvested after full maturity from the 

unit; or 

(iii) The unadjusted actual yield of the 

early harvested acreage from the unit. 

(6) Processor requirement—The 

adjustment will only be made if: 

(i) Early harvest is required in the 

production agreement; or 

(ii) The processor requests early 

harvest. 

(c) Settlement of Claim—If this option 

is elected, production to count from the 

unit will be determined by: 

(1) The adjustment will be made for 

any early harvested production if the 

threshold is exceeded for the unit. 

(2) The adjustment will not be made 

if the sugar beets are damaged by an 

insurable cause of loss and leaving the 

crop in the field would reduce 

production. 

(3) If the production agreement does 

not require early harvest and the 

processor has not requested early 

harvest, and the processor: 

(i) Accepts the early harvested 

production, the early harvested 

production will be counted but no 

adjustment will apply. 

(ii) Does not accept the early 

harvested production, the production to 

count will be the production guarantee 

for the acreage harvested early. 

* * * * * 

Marcia Bunger, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2023–25123 Filed 11–14–23; 8:45 am] 

BILLING CODE 3410–08–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Part 1022 

Fair Credit Reporting Act Disclosures 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Final rule; official 

interpretation. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) is issuing this 

final rule amending an appendix for 

Regulation V, which implements the 

Fair Credit Reporting Act (FCRA). The 

CFPB 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 section 609 of the 

FCRA; this final rule establishes the 

maximum allowable charge for the 2024 

calendar year. 

DATES: This final rule is effective 

January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anna Boadwee and Adrien Fernandez, 

Attorney-Advisors, 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 CFPB 

is amending Appendix O to Regulation 

V, which implements the FCRA, to 

establish the maximum allowable 

charge for disclosures by a consumer 

reporting agency to a consumer for 

2024. The maximum allowable charge 

will be $15.50 for 2024. 

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

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. 

II. Adjustment 

For 2024, the ceiling on allowable 

charges under section 612(f) of the 

FCRA will be $15.50, an increase of one 

dollar from 2023. The CFPB 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 CFPB 

calculated the proportional increase in 

the CPI–U from September 1997 to 

September 2023. The CFPB then 

determined what modification, if any, 

from the original base of $8.00 should 

be made effective for 2024, given the 

requirement that fractional changes be 

rounded to the nearest fifty cents. 

Between September 1997 and 

September 2023, the CPI–U increased by 

90.936 percent from an index value of 

161.2 in September 1997 to a value of 

307.789 in September 2023.6 An 

increase of 90.936 percent in the $8.00 

base figure would lead to a figure of 

$15.27. However, because the statute 

directs that the resulting figure be 

rounded to the nearest $0.50, the 

maximum allowable charge is $15.50. 

The CFPB therefore determines that the 

maximum allowable charge for the year 

2024 will increase to $15.50. 

III. Procedural Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

Act (APA), notice and opportunity for 

public comment are not required if the 

CFPB finds that notice and public 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 78231 

7 5 U.S.C. 553(b)(B). 

8 5 U.S.C. 603(a), 604(a). 

9 44 U.S.C. 3506; 5 CFR part 1320. 

comment are impracticable, 

unnecessary, or contrary to the public 

interest.7 Pursuant to this final rule, in 

Regulation V, Appendix O is amended 

to update the maximum allowable 

charge for 2024 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 CFPB 

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. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

does not apply to a rulemaking where a 

general notice of proposed rulemaking 

is not required.8 As noted previously, 

the CFPB has determined that it is 

unnecessary to publish a general notice 

of proposed rulemaking for this final 

rule. Accordingly, the RFA’s 

requirement relating to an initial and 

final regulatory flexibility analysis does 

not apply. 

C. Paperwork Reduction Act 

The information collections contained 

in Regulation V, which implements the 

FCRA, are approved by the Office of 

Management and Budget under Control 

number 3170–0002. The current 

approval for this control number expires 

on October 31, 2025. In accordance with 

the Paperwork Reduction Act of 1995,9

the CFPB reviewed this final rule. The 

CFPB has determined that this rule does 

not create any new information 

collections or substantially revise any 

existing collections. 

D. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the CFPB 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 has 

designated this rule as not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

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 CFPB 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 2024, the maximum allowable 

charge is $15.50. 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 was $13.50. 

12. For calendar year 2023, the maximum 

allowable disclosure charge was $14.50. 

13. For calendar year 2024, the maximum 

allowable disclosure charge is $15.50. 

Brian Shearer, 

Senior Advisor, Consumer Financial 

Protection Bureau. 

[FR Doc. 2023–25172 Filed 11–14–23; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF STATE 

22 CFR Part 171 

[Public Notice: 12225] 

RIN 1400–AF57 

Privacy Act of 1974; STATE–60, 

Special Presidential Envoy for Hostage 

Affairs and Related Records 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

giving notice of a publication for a 

system of records pursuant to the 

Privacy Act of 1974 for the Special 

Presidential Envoy for Hostage Affairs 

and Related Records, STATE–60; and 

this final rule, which exempts portions 

of this system of records from one or 

more provisions of the Privacy Act of 

1974. 

DATES: This rule is effective December 

15, 2023. 

FOR FURTHER INFORMATION CONTACT: Eric 

F. Stein, Senior Agency Official for 

Privacy; U.S. Department of State; Office 

of Global Information Services, A/GIS; 

Room 4534, 2201 C St. NW; 

Washington, DC 20520 or by calling 

(202) 485–2051. 

SUPPLEMENTARY INFORMATION: The 

Department of State maintains the 

Special Presidential Envoy for Hostage 

Affairs and Related Records system of 

records. The primary purpose of this 

system of records is to support 

diplomatic and consular efforts to 

secure the recovery of and provide 

assistance and support services to 

individuals taken hostage or wrongfully 

detained abroad. 

The Department concurrently 

published a notice of a new system of 

records, Special Presidential Envoy for 

Hostage Affairs and Related Records, 

STATE–60, 88 FR 23487, April 17, 

2023, and a proposed rule with a 

request for comments (88 FR 23368), 

amending 22 CFR part 171 to exempt 

portions of STATE–60 from subsections 

(c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); 

and (f) of the Privacy Act pursuant to 5 

U.S.C. 552a(k)(1) and (k)(2). STATE–60 

is exempted under subsection (k)(1) to 

the extent that records within that 

system are subject to the provisions of 

5 U.S.C. 552(b)(1). STATE–60 is 

exempted under subsection (k)(2) to the 

extent that records within that system 

are comprised of investigatory material 

compiled for law enforcement purposes, 

subject to the limitations set forth in 

that section. One public comment was 

received; however, it did not pertain to 

the subject of this rulemaking. 


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