22200 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 

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

2 15 U.S.C. 1692–1692p. 

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

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

(Mar. 11, 2009). 

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: 

SUPPLEMENT NO. 4 TO PART 774— 

[RESERVED] 

■ 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 

The following table lists items subject 

to the EAR that are not listed elsewhere 

in the CCL, but which the Department 

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. 

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] 

Date of initial or subsequent BIS 

classification. 

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

0Y521 classification is reissued. 

Item-specific license exception eligibility. 

Dated: April 9, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[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. 

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 

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 

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 


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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 22201 

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. 

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

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

79308 (Dec. 21, 2011). 

8See Dodd-Frank Act, § 1029(a), (c). 

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

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

11See supra note 5. 

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

CFR part 1022. 

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

14 69 FR 35468 (June 24, 2004). 

15Public Law 111–24, 123 Stat. 1734. 

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

17 69 FR 29061 (May 20, 2004). 

(‘‘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 

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 


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

19 Id. 

20Omnibus Appropriations Act, 2009, Public Law 

111–8, 123 Stat. 524. 

21Credit 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. 

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

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. 

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

CFR part 1009. 

28FDCPA, § 817, 15 U.S.C. 1692o. 

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

9, 1979). 

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). 

34Nat’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). 

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 

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. 

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 

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 


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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). 37See 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. 39See 5 U.S.C. 603(a), 604(b). 

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. 

16 CFR Part 603 

Fair Credit Reporting Act, Consumer 

reports, Consumer reporting agencies, 

Credit, Information furnishers, Identity 

theft, Trade practices. 

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: 

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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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. 

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 

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 

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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