This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

64241 

Vol. 77, No. 203 

Friday, October 19, 2012 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Part 1070 

[Docket No. CFPB–2012–0038] 

Privacy Act of 1974; Implementation of 

Exemptions 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Consumer Financial 

Protection Bureau (‘‘CFPB’’ or the 

‘‘Bureau’’) is proposing to amend its 

regulations to exempt portions of its 

system of records entitled ‘‘CFPB.005— 

Consumer Response System’’ from 

certain provisions of the Privacy Act of 

1974, as amended (the ‘‘Privacy Act’’). 

DATES: Comments must be received on 

or before November 19, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2012– 

0038, by any of the following methods: 

• Electronic: www.regulations.gov. 

Follow the instructions for submitting 

comments. 

• Email: privacy@cfpb.gov. 

• Mail/Hand Delivery/Courier: Claire 

Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1700 G Street NW., Washington, DC 

20552. 

All submissions must include the 

agency name and docket number for this 

notice. In general, all comments 

received will be posted without change 

to http://www.regulations.gov. In 

addition, comments will be available for 

public inspection and copying at 1700 

G Street NW., Washington, DC 20552, 

on official business days between the 

hours of 10 a.m. and 5 p.m. Eastern 

Time. You can make an appointment to 

inspect comments by telephoning (202) 

435–7220. All comments, including 

attachments and other supporting 

materials, will become part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: 

Claire Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1700 G Street NW., Washington, DC 

20552, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: 

Background 

The CFPB is re-publishing its System 

of Records Notice entitled ‘‘CFPB.005— 

Consumer Response System.’’ The CFPB 

uses the Consumer Response System 

(‘‘CRS’’) to collect, process, respond to, 

and refer consumer complaints or 

inquiries regarding consumer financial 

products and services. 

The CFPB also uses information in 

CRS to investigate whether allegations 

set forth in consumer complaints 

describe potential violations of law and 

if so, to determine whether and to 

whom to refer such allegations for 

possible law enforcement actions. 

Sensitive information about the CFPB’s 

investigative processes, techniques, and 

conclusions are recorded in CRS. 

Pursuant to subsection (k) of the 

Privacy Act, 5 U.S.C. 552a(k), the CFPB 

proposes to amend its Rule on the 

Disclosure of Documents and 

Information, 12 CFR part 1070, to 

exempt this investigative information 

from public access and certain other 

provisions of the Privacy Act as well as 

corresponding provisions of Subpart E 

of the Rule. The CFPB deems this 

exemption to be necessary to prevent 

interference with law enforcement 

investigations as well as compromise of 

its investigative processes that could 

ensue if the CFPB divulged to the public 

information about particular consumer 

complaint investigations or investigative 

techniques and methods. 

Where the CFPB does not have reason 

to expect that its provision of public 

access to investigatory information in 

CRS would interfere with pending law 

enforcement investigations or 

compromise the CFPB’s law 

enforcement process, then the CFPB 

may, in its discretion, waive the 

applicable exemption. 

Procedural Requirements 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (the ‘‘RFA’’), 

requires each agency to consider the 

potential impact of its regulations on 

small entities, including small 

businesses, small governmental units, 

and small not-for-profit organizations, 

unless the head of the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. The 

undersigned so certifies. The proposed 

rule would not impose any obligations 

or standards of conduct for purposes of 

analysis under the RFA, and it therefore 

would not give rise to a regulatory 

compliance burden for small entities. 

Finally, the Bureau has determined 

that this proposed rule would not 

impose any new recordkeeping, 

reporting, or disclosure requirements on 

covered entities or members of the 

public that would be collections of 

information requiring approval under 

the Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. 

List of Subjects in 12 CFR Part 1070 

Confidential business information, 

Consumer protection, Freedom of 

information, Privacy. 

Authority and Issuance 

For the reasons set forth in the 

Preamble, the Bureau proposes to 

amend 12 CFR part 1070 as follows: 

PART 1070—DISCLOSURE OF 

RECORDS AND INFORMATION 

1. The authority citation for part 1070 

continues to read as follows: 

Authority: 12 U.S.C. 3401; 12 U.S.C. 5481 

et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 

1905; 18 U.S.C. 641; 44 U.S.C. ch. 30; 5 

U.S.C. 301. 

2. In § 1070.60, add paragraph (a)(4) to 

read as follows: 

§ 1070.60 Exempt Records. 

(a) Exempt systems of records: * * * 

(4) CFPB.005 Consumer Response 

System 

* * * * * 

Dated: October 2, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–24952 Filed 10–18–12; 8:45 am] 

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