Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Rules and Regulations 68343 

1 78 FR 6855 (Jan. 31, 2013). 

2Section 106(e) of the Housing and Urban 

Development Act of 1968, 12 U.S.C. 1701x(e), 

requires that homeownership counseling provided 

under programs administered by HUD can be 

provided only by organizations or individuals 

certified by HUD as competent to provide 

homeownership counseling. Section 106(e) also 

requires HUD to establish standards and procedures 

for testing and certifying counselors. 

3These two pathways are specified in 

§ 1024.20(a)(1)(i) and (ii), respectively. 

4 78 FR 6865 (Jan. 31, 2013). 

5RESPA and § 1024.20(a)(1) refer to counseling 

entities as Homeownership Counseling 

Organizations. HUD refers to them as HUDapproved Housing Counseling Agencies. 

Homeownership Counseling Organizations as 

referred to in § 1024.20(a)(1) and this rule are 

considered HUD-approved Housing Counseling 

Agencies. 

6Available at: http://data.hud.gov/housing_

counseling.html. 

produced by a filament heated to 

incandescence by an electric current, 

which: contains an inner reflective 

coating on the outer bulb to direct the 

light; is not colored; is not designed for 

rough or vibration service applications; 

is not an R20 short lamp; has an R, PAR, 

ER, BR, BPAR, or similar bulb shapes 

with an E26 medium screw base; has a 

rated voltage or voltage range that lies 

at least partially in the range of 115 and 

130 volts; has a diameter that exceeds 

2.25 inches; and has a rated wattage that 

is 40 watts or higher. 

* * * * * 

R20 short lamp means a lamp that is 

an R20 incandescent reflector lamp that 

has a rated wattage of 100 watts; has a 

maximum overall length of 3 and 5/8, or 

3.625, inches; and is designed, labeled, 

and marketed specifically for pool and 

spa applications. 

* * * * * 

[FR Doc. 2013–27248 Filed 11–13–13; 8:45 am] 

BILLING CODE 6450–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1024 

RIN 3170–AA37 

Homeownership Counseling 

Organizations Lists Interpretive Rule 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule. 

SUMMARY: This rule describes data 

instructions for lenders to use in 

complying with the requirement under 

the High-Cost Mortgage and 

Homeownership Counseling 

Amendments to the Truth in Lending 

Act (Regulation Z) and Homeownership 

Counseling Amendments to the Real 

Estate Settlement Procedures Act 

(RESPA Homeownership Counseling 

Amendments) Final Rule to provide a 

homeownership counseling list using 

data made available by the Bureau or 

Department of Housing and Urban 

Development (HUD). 

DATES: This rule is effective January 10, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Ross, Special Assistant; Joseph 

Devlin, Counsel; Office of Regulations, 

at (202) 435–7700. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In January 2013, pursuant to the 

Dodd-Frank Act, Public Law 111–203, 

124 Stat. 1375 (2010), the Bureau issued 

the High-Cost Mortgage and 

Homeownership Counseling 

Amendments to the Truth in Lending 

Act (Regulation Z) and Homeownership 

Counseling Amendments to the Real 

Estate Settlement Procedures Act 

(RESPA Homeownership Counseling 

Amendments) Final Rule (2013 HOEPA 

Final Rule).1 The 2013 HOEPA Final 

Rule implemented numerous DoddFrank Act requirements. Section 1450 of 

the Dodd-Frank Act amended section 

5(c) of the Real Estate Settlement 

Procedures Act (RESPA) to require 

lenders to provide federally related 

mortgage loan applicants with a 

‘‘reasonably complete or updated list of 

homeownership counselors who are 

certified pursuant to section 106(e) of 

the Housing and Urban Development 

Act of 1968 (12 U.S.C. 1701x(e)) and 

located in the area of the lender.’’ 2 The 

RESPA Homeownership Counseling 

Amendments implements this section 

1450 amendment in Regulation X 

§ 1024.20(a). 

In implementing this Dodd-Frank Act 

requirement, § 1024.20(a)(1) requires 

lenders to provide the loan applicant 

with a written list of homeownership 

counseling organizations that provide 

relevant services in the loan applicant’s 

location. The Bureau specified two 

compliance methods for obtaining this 

list: (1) using a tool developed and 

maintained by the Bureau on its Web 

site, and (2) using data made available 

by the Bureau or HUD, provided that the 

data is used in accordance with 

instructions provided with the data.3

The Bureau noted the use of the data in 

accordance with these instructions 

would produce a list consistent with 

what would have been generated if the 

tool had been used.4 This rule interprets 

§ 1024.20(a)(1) of the RESPA 

Homeownership Counseling 

Amendments, including describing 

those data instructions. 

The Bureau’s tool, as discussed in 

§ 1024.20(a)(1)(i), follows these data 

instructions. 

II. List and Data Instructions 

This rule interprets the § 1024.20(a)(1) 

requirement for lenders to provide a list 

of homeownership organizations and to 

obtain the list from data made available 

by the Bureau or HUD, provided the 

data is used in accordance with 

instructions provided with the data.5

This rule describes instructions for 

lenders to use in complying with the 

§ 1024.20(a)(1)(ii) requirement to 

generate a list of homeownership 

counseling organizations by using data 

provided by the Bureau or HUD. 

HUD currently provides this data. 

HUD maintains a free and publicly 

available application programming 

interface (API) containing data on HUDapproved housing counseling agencies 

(HUD API). Although it appears on this 

site that a token is required to utilize 

this data, credentials are not required to 

access and use the data. These data 

instructions are designed to be applied 

with publicly available homeownership 

counselor agency data from HUD,6 as 

referenced in § 1024.20(a)(1)(ii). The 

Bureau will make a summary of the data 

instructions available on the Bureau’s 

Web site, along with a link to the 

publicly available housing counseling 

agency data. 

A. Number of Homeownership 

Counselors To Appear on List 

Section 1024.20(a)(1) requires lenders 

to provide a written list of 

homeownership counseling 

organizations. Consistent with 

§ 1024.20(a)(1), lenders comply with 

this requirement when they provide a 

list of ten HUD-approved housing 

counseling agencies. The tool 

maintained by the Bureau will generate 

a list of ten HUD-approved housing 

counseling agencies. A list generated by 

the lender under § 1024.20(a)(1)(ii) 

complies with § 1024.20(a)(1) when the 

same number of counseling agencies 

(ten) are provided. Listing ten housing 

counseling agencies ensures fairness 

and equity among housing counseling 

agencies, by offering borrowers a 

thorough and diverse list of counseling 

options. 

B. Location by Zip Code 

Section 1024.20(a)(1) requires lenders 

to provide a written list of 

homeownership counseling 

organizations in the loan applicant’s 

location. As the Bureau discussed in the 

RESPA Homeownership Counseling 

Amendments, lenders comply with 

§ 1024.20(a)(1), when they use the 


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68344 Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Rules and Regulations 

7A data dictionary for the Field ‘‘Services’’ can 

be found at http://data.hud.gov/Housing_

Counselor/getServices, and a data dictionary for 

‘‘Languages’’ can be found at http://data.hud.gov/

Housing_Counselor/getLanguages. 

8See 78 FR 6855 (Jan. 31, 2013) (‘‘The Bureau 

anticipates the lists generated through its tool will 

also include information enabling the consumer to 

access the Bureau or HUD list of homeownership 

counseling organizations, so that an applicant who 

receives the list can obtain information about 

additional counseling organizations if desired.’’). 

borrower’s five-digit zip code to 

generate a list of the ten closest HUDapproved housing counseling agencies 

to the centroid of the zip code of the 

borrower’s current address, in 

descending order of proximity to the 

centroid. The borrower’s current zip 

code satisfies the requirement that the 

homeownership counseling 

organizations be in the loan applicant’s 

location. The zip code of the borrower’s 

current address is the default to be 

entered for list generation. Lenders, 

should they choose, may offer borrowers 

the option of generating the list from a 

zip code different than their home 

address, or from a more precise 

geographic marker such as a street 

address, but lenders are not required to 

offer such an option. The Bureau’s tool 

will permit generating the list of HUDapproved housing counseling agencies 

through entry of zip code. A list 

generated by the lender pursuant to 

§ 1024.20(a)(1)(ii) complies with 

§ 1024.20(a)(1) when the lender 

generates the list through entry of zip 

code or from a more precise geographic 

marker such as a street address. Lenders 

generating a list pursuant to 

§ 1024.20(a)(1)(ii) through zip code or 

from a more precise geographic marker 

such as a street address, will ensure that 

lists generated under this provision are 

obtained through similar means as those 

generated through the Bureau’s tool, 

thus ensuring consistency. 

C. Homeownership Counselor Contact 

Information 

Section 1024.20(a)(1) requires lenders 

to provide a written list of 

homeownership counseling 

organizations that provide relevant 

services in the loan applicant’s location. 

Consistent with § 1024.20(a)(1), lenders 

comply when they provide the 

following data fields for each housing 

counseling agency on the list to the 

extent that they are available through 

the HUD API: Agency name, phone 

number, street address, street address 

continued, city, state, zip code, Web site 

URL, email address, counseling services 

provided, and languages spoken. 

Providing a street address is preferable 

to providing a mailing address, as 

available. The tool maintained by the 

Bureau will provide these data fields to 

the extent that they are available 

through the HUD API. A list generated 

by the lender under § 1024.20(a)(1)(ii) 

complies with § 1024.20(a)(1) when 

these data fields are provided to the 

extent that they are available through 

the HUD API. The table below describes 

how the HUD API data fields relate to 

the above required data fields: 

Data element required for list for 

each agency HUD API Field name HUD Field definition Example 

Agency name .............................. nme ............................................ Agency name ............................. ‘‘Local Counseling Agency’’. 

Phone number ............................. phone1 ....................................... Phone number ........................... ‘‘555–555–5555’’. 

Street address ............................. adr1 ............................................ Street Address ........................... ‘‘1234 Main Street’’. 

Street address continued ............ adr2 ............................................ Street Address continued. 

City .............................................. city .............................................. City ............................................. ‘‘Anytown’’. 

State ............................................ statecd ........................................ Code for state in which agency 

is located.

‘‘PA’’. 

Zip code ....................................... zipcd ........................................... Zip Code .................................... ‘‘12345’’. 

Website URL ............................... weburl ......................................... Agency Web Site address ......... ‘‘http://www.counselor.org’’. 

Email address .............................. email ........................................... Email address ............................ ‘‘counselor@counselor.org’’. 

Counseling services provided ..... Services ..................................... Types of Counseling Services 

available.

‘‘DFC,FBC,FHW,HIC,HMC,NDW,PLW,

PPC,PPW,RHC’’ 7. 

Languages spoken ...................... languages ................................... The languages in which agency 

provides services.

‘‘ENG’’. 

Data fields which are populated with 

codes that are not commonly 

understood by borrowers should be 

translated into their definitional 

meanings, according to the Data 

Dictionary,7 to ensure clarity. This will 

be relevant for the data fields entitled 

‘‘Counseling services provided’’ and 

‘‘Languages spoken.’’ 

D. Accompanying Information 

Lenders comply with § 1024.20(a)(1) 

when the following language is 

included: ‘‘The counseling agencies on 

this list are approved by the U.S. 

Department of Housing and Urban 

Development (HUD), and they can offer 

independent advice about whether a 

particular set of mortgage loan terms is 

a good fit based on your objectives and 

circumstances, often at little or no cost 

to you. This list shows you several 

approved agencies in your area. You can 

find other approved counseling agencies 

at the Consumer Financial Protection 

Bureau’s (CFPB) Web site: 

consumerfinance.gov/mortgagehelp or 

by calling 1–855–411–CFPB (2372). You 

can also access a list of nationwide 

HUD-approved counseling 

intermediaries at http://portal.hud.gov/

hudportal/HUD?src=/ohc_nint.’’ 

Including information about where 

borrowers can gain additional 

information is consistent with the 

Bureau’s preamble discussion of how it 

envisioned implementing the 

§ 1024.20(a)(1) list requirement in the 

RESPA Homeownership Counseling 

Amendments.8 Giving borrowers the 

link to HUD-approved national 

counseling intermediaries offers 

borrowers additional housing 

counseling options, as national 

intermediaries offer phone counseling 

and online counseling services, which 

are particularly useful to borrowers in 

remote areas or areas less-dense with 

counseling agencies. The Bureau’s tool 

will generate lists under 

§ 1024.20(a)(1)(i) that include this text 

above. By including this information, 

lenders generating lists under 

§ 1024.20(a)(1)(ii) will comply with 

§ 1024.20(a)(1). This will ensure that 

information provided under this 

provision is consistent with information 

accompanying lists generated by the 

Bureau’s Web site, thus ensuring 

consistency. 

III. Regulatory Requirements 

This rule articulates the Bureau’s 

interpretations of the RESPA 

Homeownership Counseling 

Amendments. It is therefore exempt 

from the APA’s notice and comment 

rulemaking requirements pursuant to 5 

U.S.C. 553(b). 


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Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Rules and Regulations 68345 

Because no notice of proposed 

rulemaking is required, the Regulatory 

Flexibility Act does not require an 

initial or final regulatory flexibility 

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

The Bureau has determined that the 

Rule does not impose any new or revise 

any existing recordkeeping, reporting, or 

disclosure requirements on covered 

entities or members of the public that 

would be collections of information 

requiring OMB approval under the 

Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. The requirement for 

lenders to provide the loan applicant 

with a written list of homeownership 

counseling organizations in the loan 

applicant’s location is currently 

approved by OMB and assigned the 

OMB control number 3170–0025. 

Generally, the collections of information 

contained in Regulation X are assigned 

the OMB control number 3170–0016, 

and the collections of information 

contained in Regulation Z are assigned 

the OMB control number 3170–0015. 

Dated: November 7, 2013. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2013–27300 Filed 11–13–13; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0871; Directorate 

Identifier 2013–NM–187–AD; Amendment 

39–17658; AD 2013–23–03] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 747–100, 

747–100B, 747–100B SUD, 747–200B, 

747–200C, 747–200F, 747–300, 747– 

400, 747–400D, 747–400F, and 747SR 

series airplanes. This AD requires 

inspecting to determine the part number 

of the inboard actuator attach fittings of 

the outboard flap. For affected attach 

fittings, this AD requires doing a 

detailed inspection of the attach fittings 

for a cylindrical defect and replacing if 

necessary. As an option to the detailed 

inspection, this AD allows replacement 

of affected attach fittings. This AD was 

prompted by a report of the fracture of 

an inboard actuator attach fitting of the 

outboard flap. An inspection of the 

attach fitting revealed that it was 

incorrectly machined with a cylindrical 

profile instead of a conical profile, 

resulting in reduced wall thickness. We 

are issuing this AD to detect and correct 

defective inboard actuator attach fittings 

which, combined with loss of the 

outboard actuator load path, could 

result in uncontrolled retraction of the 

outboard flap, damage to flight control 

systems, and consequent reduced 

controllability of the airplane. 

DATES: This AD is effective November 

29, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 29, 2013. 

We must receive comments on this 

AD by December 30, 2013. 

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 

http://www.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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 

206–544–5000, extension 1; fax 206– 

766–5680; Internet https://

www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Nathan Weigand, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6428; fax: 

425–917–6590; email: 

nathan.p.weigand@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a report a report of the 

fracture of a No. 7 inboard actuator 

attach fitting of the outboard flap. It was 

determined that the fracture occurred in 

the internal conical machined area. 

Investigation revealed that a portion of 

the interior surface was machined with 

a cylindrical profile instead of a conical 

profile. This resulted in reduced wall 

thickness and subsequent fracture; the 

thickness of the fitting was 

approximately half the designed wall 

thickness. We also received reports of 

other attach fittings with a cylindrical 

defect with reduced wall thickness. This 

condition combined with loss of the 

outboard actuator load path, if not 

corrected, could result in uncontrolled 

retraction of the outboard flap and 

subsequent damage to flight control 

systems at the rear spar, and consequent 

reduced controllability of the airplane. 

Relevant Service Information 

We reviewed Boeing Alert Service 

Bulletin 747–57A2343, dated September 

12, 2013. For information on the 

procedures and compliance times, see 

this service information at http://

www.regulations.gov. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires inspecting to 

determine the part number of the 

inboard actuator attach fittings of the 

outboard flap. For affected attach 

fittings, this AD requires doing a 

detailed inspection of the attach fittings 

for a cylindrical defect and replacing if 

necessary. As an option to the detailed 

inspection, this AD allows replacement 

of the affected attach fittings. 

The FAA worked in conjunction with 

industry, under the Airworthiness 

Directives Implementation Aviation 

Rulemaking Committee, to enhance the 


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