Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80075 

higher education for the purpose of 

participation in internship programs for 

graduate and undergraduate students in 

support of the 1994 Tribal College 

Program and carry out the related 

authorities and responsibilities outlined 

in 7 U.S.C. 2279c. 

* * * * * 

Subpart F—Delegations of Authority 

by the Under Secretary for Farm 

Production and Conservation 

■ 5. Amend § 2.41 by adding paragraph 

(a)(7) to read as follows: 

§ 2.41 Chief Operating Officer, Farm 

Production and Conservation Business 

Center. 

(a) * * * 

(7) Establish programs with any 

bureau of the U.S. Department of the 

Interior (DOI), or with other agencies 

within USDA, in support of the Service 

First initiative for the purpose of 

promoting customer service and 

efficiency, including delegating to 

employees of DOI and other USDA 

agencies the authorities of the Farm 

Production and Conservation Business 

Center necessary to carry out projects on 

behalf of USDA (43 U.S.C. 1703). 

* * * * * 

■ 6. Amend § 2.42 by adding paragraph 

(a)(31) to read as follows: 

§ 2.42 Administrator, Farm Service 

Agency. 

(a) * * * 

(31) Establish programs with any 

bureau of the U.S. Department of the 

Interior (DOI), or with other agencies 

within USDA, in support of the Service 

First initiative for the purpose of 

promoting customer service and 

efficiency, including delegating to 

employees of DOI and other USDA 

agencies the authorities of the Farm 

Service Agency necessary to carry out 

projects on behalf of USDA (43 U.S.C. 

1703). 

* * * * * 

■ 7. Amend § 2.43 by adding paragraph 

(a)(5) to read as follows: 

§ 2.43 Chief, Natural Resources and 

Conservation Service. 

(a) * * * 

(5) Establish programs with any 

bureau of the U.S. Department of the 

Interior (DOI), or with other agencies 

within USDA, in support of the Service 

First initiative for the purpose of 

promoting customer service and 

efficiency, including delegating to 

employees of DOI and other USDA 

agencies the authorities of the Natural 

Resources and Conservation Service 

necessary to carry out projects on behalf 

of USDA (43 U.S.C. 1703). 

* * * * * 

■ 8. Amend § 2.44 by adding paragraph 

(a)(10) to read as follows: 

§ 2.44 Administrator, Risk Management 

Agency and Manager, Federal Crop 

Insurance Corporation. 

(a) * * * 

(10) Establish programs with any 

bureau of the U.S. Department of the 

Interior (DOI), or with other agencies 

within USDA, in support of the Service 

First initiative for the purpose of 

promoting customer service and 

efficiency, including delegating to 

employees of DOI and other USDA 

agencies the authorities of the Risk 

Management Agency to carry out 

projects on behalf of USDA (43 U.S.C. 

1703). 

* * * * * 

Subpart J—Delegations of Authority by 

the Under Secretary for Natural 

Resources and Environment 

■ 9. Amend § 2.60 by revising paragraph 

(a)(58) to read as follows: 

§ 2.60 Chief, Forest Service. 

(a) * * * 

(58) Enter into reciprocal fire 

agreements or contracts with domestic 

entities. Administer reimbursements 

received for fire suppression (42 U.S.C. 

1856–1856e). 

* * * * * 

Signing Authority 

The Secretary of Agriculture, Thomas 

J. Vilsack, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Mary Beth Schultz, 

Principal Deputy General Counsel, for 

purposes of publication in the Federal 

Register. 

Mary Beth Schultz, 

Principal Deputy General Counsel. 

[FR Doc. 2024–22571 Filed 10–1–24; 8:45 am] 

BILLING CODE 3410–90–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 201 

[Docket No. R–1839] 

RIN 7100 AG–80 

Regulation A: Extensions of Credit by 

Federal Reserve Banks 

Correction 

In rule document 2024–21908 

beginning on page 78221 in the issue of 

Wednesday, September 25, make the 

following correction: 

On page 78221, the Docket Number 

should read as set forth above. 

[FR Doc. C1–2024–21908 Filed 10–1–24; 8:45 am] 

BILLING CODE 0099–10–D 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Chapter X 

Consumer Financial Protection 

Circular 2024–05: Improper Overdraft 

Opt-In Practices 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Consumer financial protection 

circular. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) has issued 

Consumer Financial Protection Circular 

2024–05, titled ‘‘Improper Overdraft 

Opt-In Practices.’’ In this circular, the 

CFPB responds to the question, ‘‘Can a 

financial institution violate the law if 

there is no proof that it has obtained 

consumers’ affirmative consent before 

levying overdraft fees for ATM and onetime debit card transactions?’’ 

DATES: The CFPB released this circular 

on its website on September 17, 2024. 

ADDRESSES: Enforcers, and the broader 

public, can provide feedback and 

comments to Circulars@cfpb.gov. 

FOR FURTHER INFORMATION CONTACT: 

George Karithanom, Regulatory 

Implementation & Guidance Program 

Analyst, Office of Regulations, at 202– 

435–7700 or at: https://reginquiries.

consumerfinance.gov/. If you require 

this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

Question Presented 

Can a financial institution violate the 

law if there is no proof that it has 

obtained consumers’ affirmative consent 

before levying overdraft fees for ATM 

and one-time debit card transactions? 

Response 

Yes. A bank or credit union can be in 

violation of the Electronic Fund 

Transfer Act (EFTA) and Regulation E if 

there is no proof that it obtained 

affirmative consent to enrollment in 

covered overdraft services. The form of 

the records that demonstrate consumer 

consent to enrollment may vary 

according to the channel through which 

the consumer opts into covered 

overdraft services. 


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80076 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

1 Depending on the circumstances, a financial 

institution’s overdraft practices may also implicate 

the CFPA’s prohibition on unfair, deceptive, or 

abusive acts or practices. 12 U.S.C. 5531, 5536. See, 

e.g., Consumer Financial Protection Circular 2022– 

06, Unanticipated Overdraft Fee Assessment 

Practices (Oct. 26, 2022). 

2 12 CFR 1005.17(b)(1)(ii) & (iii). 

3 12 CFR 1005.17(b)(1)(i) & (iv). 12 CFR 

1005.13(b)(1) requires a person to retain evidence 

of compliance with the requirements of EFTA and 

Regulation E for a period of not less than two years 

from the date disclosures are required to be made 

or action is required to be taken. This is an 

independent legal obligation, which does not 

change the fact that the absence of records proving 

that an opt-in occurred is suggestive that a 

consumer did not opt in. 

4Electronic Fund Transfers, 74 FR 59033, 59038 

(Nov. 17, 2009) (amending 12 CFR part 205). 

5See, e.g., CFPB Consent Order, In re Atlantic 

Union Bank, No. 2023–CFPB–0017 (Dec. 7, 2023); 

CFPB Consent Order, In re Regions Bank, No. 2015– 

CFPB–0009 (Apr. 28, 2015); Supervisory Highlights, 

Summer 2015 Edition, at 23, available at https://

files.consumerfinance.gov/f/201506_cfpb_

supervisory-highlights.pdf. 

6See, e.g., CFPB Consent Order, In re TD Bank, 

N.A., No. 2020–BCFP–0007 (Aug. 20, 2020); CFPB 

v. TCF National Bank, Stipulated Final Judgment 

and Order, No. 17–cv–00166 (July 20, 2018). 

Regulation E’s overdraft provisions 

establish an opt-in regime, not an optout regime, where the default condition 

is that consumers are not enrolled in 

covered overdraft services. Financial 

institutions are prohibited from 

charging fees for such services until 

consumers affirmatively consent to 

enrollment. Violations of 12 CFR 

1005.17(b)(1) can be proven in part by 

showing evidence that a consumer was 

charged an overdraft fee on a covered 

transaction where the available 

evidence does not adequately validate 

that the consumer opted in.1

Regulatory Background 

Regulation E implements the EFTA 

and governs the assessment of certain 

overdraft fees. Specifically, before a 

financial institution may charge a 

consumer a fee in connection with an 

ATM or one-time debit transaction, 

Regulation E requires the financial 

institution to provide consumers with a 

‘‘reasonable opportunity for the 

consumer to affirmatively consent, or 

opt in’’ to covered overdraft services, 

and to obtain the consumer’s 

‘‘affirmative consent, or opt in’’ to such 

services.2 Institutions are also required 

to provide consumers with a written or 

electronic notice describing the 

institution’s overdraft services prior to 

opt in, and to provide consumers with 

confirmation of the consumer’s consent 

to enrollment in writing or 

electronically with a notice informing 

the consumer of the right to revoke such 

consent.3 These rules do not apply to 

overdraft fees charged on written 

checks, recurring debit transactions, or 

ACH transactions. 

Analysis 

As noted above, Regulation E sets 

forth an opt-in, rather than opt-out, 

process before financial institutions are 

permitted to assess fees for covered 

overdraft services. The opt-in provisions 

provide that, absent affirmative 

enrollment by consumers, consumers’ 

default status is to not be enrolled in 

covered overdraft services. Regulation 

E’s opt-in provisions were established 

after the Federal Reserve Board found 

that consumers who were automatically 

enrolled in overdraft services may prefer 

to ‘‘avoid fees for a service they did not 

request.’’ 4 Therefore, consistent with 

this opt-in design, when determining 

compliance with Regulation E’s opt-in 

provisions, regulators and enforcers 

should inspect the financial institutions’ 

records to determine whether there is 

evidence of affirmative consent to 

enrollment in covered overdraft 

services. 

In the CFPB’s supervisory work, 

examinations have found that some 

institutions have been unable to provide 

evidence that consumers had opted into 

overdraft coverage before they were 

charged fees for ATM and one-time 

debit transactions. While some 

institutions maintained policies and 

procedures relating to Regulation E’s 

overdraft opt-in requirements, 

supervisory examinations found that the 

institutions were unable to show that 

these policies and procedures were 

actually followed with respect to 

individual consumers. In response to 

examination findings, institutions began 

maintaining records to prove the 

consumer’s affirmative consent to 

enrollment in covered overdraft 

services. 

In supervisory and enforcement work, 

the CFPB has also identified numerous 

other violations of law relating to 

Regulation E’s overdraft opt-in 

requirements over the years. These 

violations have included, for example: 

the failure of institutions to obtain 

consumers’ affirmative consent to 

enrollment in covered overdraft 

services,5 and obtaining consumers’ optin to covered overdraft services through 

deceptive and abusive acts or practices.6

The prevalence of violations related to 

overdraft opt in underscores the need 

for effective supervision and 

enforcement of Regulation E’s overdraft 

opt-in provisions. 

Form of Records Evidencing Opt-In 

The form of the records that 

demonstrate consumer consent to 

enrollment may vary according to the 

channel through which the consumer 

opts into covered overdraft services. For 

example: 

• For consumers who opt into 

covered overdraft services in person or 

by postal mail, a copy of a form signed 

or initialed by the consumer indicating 

the consumer’s affirmative consent to 

opting into covered overdraft services 

would constitute evidence of consumer 

consent to enrollment. 

• For consumers who opt into 

covered overdraft services over the 

phone, a recording of the phone call in 

which the consumer elected to opt into 

covered overdraft services would 

constitute evidence of consumer 

consent to enrollment. 

• For consumers who opt into 

covered overdraft services online or 

through a mobile app, a securely stored 

and unalterable ‘‘electronic signature’’ 

as defined in the E-Sign Act (15 U.S.C. 

7006(5)) conclusively demonstrating the 

specific consumer’s action to 

affirmatively opt in and the date that the 

consumer opted in would constitute 

evidence of consumer consent to 

enrollment. 

About Consumer Financial Protection 

Circulars 

Consumer Financial Protection 

Circulars are issued to all parties with 

authority to enforce Federal consumer 

financial law. The CFPB is the principal 

Federal regulator responsible for 

administering Federal consumer 

financial law, see 12 U.S.C. 5511, 

including the Consumer Financial 

Protection Act’s prohibition on unfair, 

deceptive, and abusive acts or practices, 

12 U.S.C. 5536(a)(1)(B), and 18 other 

‘‘enumerated consumer laws,’’ 12 U.S.C. 

5481(12). However, these laws are also 

enforced by State attorneys general and 

State regulators, 12 U.S.C. 5552, and 

prudential regulators including the 

Federal Deposit Insurance Corporation, 

the Office of the Comptroller of the 

Currency, the Board of Governors of the 

Federal Reserve System, and the 

National Credit Union Administration. 

See, e.g., 12 U.S.C. 5516(d), 5581(c)(2) 

(exclusive enforcement authority for 

banks and credit unions with $10 

billion or less in assets). Some Federal 

consumer financial laws are also 

enforceable by other Federal agencies, 

including the Department of Justice and 

the Federal Trade Commission, the 

Farm Credit Administration, the 

Department of Transportation, and the 

Department of Agriculture. In addition, 

some of these laws provide for private 

enforcement. 

Consumer Financial Protection 

Circulars are intended to promote 

consistency in approach across the 


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80077 

various enforcement agencies and 

parties, pursuant to the CFPB’s statutory 

objective to ensure Federal consumer 

financial law is enforced consistently. 

12 U.S.C. 5511(b)(4). 

Consumer Financial Protection 

Circulars are also intended to provide 

transparency to partner agencies 

regarding the CFPB’s intended approach 

when cooperating in enforcement 

actions. See, e.g., 12 U.S.C. 5552(b) 

(consultation with CFPB by State 

attorneys general and regulators); 12 

U.S.C. 5562(a) (joint investigatory work 

between CFPB and other agencies). 

Consumer Financial Protection 

Circulars are general statements of 

policy under the Administrative 

Procedure Act. 5 U.S.C. 553(b). They 

provide background information about 

applicable law, articulate considerations 

relevant to the Bureau’s exercise of its 

authorities, and, in the interest of 

maintaining consistency, advise other 

parties with authority to enforce Federal 

consumer financial law. They do not 

restrict the Bureau’s exercise of its 

authorities, impose any legal 

requirements on external parties, or 

create or confer any rights on external 

parties that could be enforceable in any 

administrative or civil proceeding. The 

CFPB Director is instructing CFPB staff 

as described herein, and the CFPB will 

then make final decisions on individual 

matters based on an assessment of the 

factual record, applicable law, and 

factors relevant to prosecutorial 

discretion. 

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2024–22551 Filed 10–1–24; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2317; Project 

Identifier AD–2024–00468–T; Amendment 

39–22856; AD 2024–19–14] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 777–200, 

777–200LR, 777–300ER, and 777F series 

airplanes. This AD was prompted by a 

report of potential latent failures of the 

lightning protection features for the 

engine fuel feed system. This AD 

requires repetitive inspections and bond 

resistance measurement of the bonding 

jumpers on the first fuel feed tube 

installed immediately forward of the 

wing front spar at each of the two 

engine locations, and applicable 

corrective actions. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD is effective October 17, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 17, 2024. 

The FAA must receive comments on 

this AD by November 18, 2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov by searching 

for and locating Docket No. FAA–2024– 

2317; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this final rule, 

any comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For Boeing material identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster 

Blvd., MC 110–SK57, Seal Beach, CA 

90740–5600; telephone 562–797–1717; 

website myboeingfleet.com. 

• You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available at regulations.gov 

under Docket No. FAA–2024–2317. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Dorsey, Aviation Safety 

Engineer, FAA, 2200 South 216th St, 

Des Moines, WA 98198; phone: 206– 

231–3415; email: Samuel.J.Dorsey@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under the ADDRESSES

section. Include Docket No. FAA–2024– 

2317 and Project Identifier AD–2024– 

00468–T at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this final rule 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Samuel Dorsey, 

Aviation Safety Engineer, FAA, 2200 

South 216th St, Des Moines, WA 98198; 

phone: 206–231–3415; email: 

Samuel.J.Dorsey@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Background 

In 2023, the FAA received reports of 

latent failures of the lightning protection 

features for the engine fuel feed system 

on Boeing Model 747 airplanes. 

Subsequent analysis has shown that 


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