3624 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

17U.S. Gov’t Accountability Off., GAO–23– 

105536, Financial Technology: Products Have 

Benefits and Risks to Underserved Consumers, and 

Regulatory Clarity is Needed 36–37 (2023) (citing 

industry requests for clarification). The CFPB has 

acknowledged the need for clarification in this area. 

See, e.g., Letter from Rohit Chopra, Dir., Consumer 

Fin. Prot. Bureau, to Michael Clements, Dir. of Fin. 

Mkts. and Cmty. Inv., U.S. Gov’t Accountability 

Off., (Feb. 13, 2023) in U.S. Gov’t Accountability 

Off., GAO–23–105536, supra, at 51; Letter from 

Seth Frotman, Acting General Counsel, Consumer 

Fin. Prot. Bureau, to Beverly Brown Ruggia, N.J. 

Citizen Action, et al., at 2 (Jan. 18, 2022). 

18See, e.g., Off. of the Att’y Gen., State of Ariz., 

Opinion No. I22–005 (Dec. 16, 2022), available at 

https://www.azag.gov/sites/default/files/2022-12/ 

I22-005.pdf. 

19See, e.g., ZayZoon, Comment Letter on Cal. 

Dep’t of Fin. Prot. and Innovation Notice of 

Proposed Rulemaking [PRO 01–21], at 4 (May 17, 

2023), https://dfpi.ca.gov/wp-content/uploads/sites/ 

337/2023/08/46-PRO-01-21-ZayZoon-US-Inc.- 

5.17.23_Redacted.pdf; Innovative Payments Ass’n, 

Comment Letter on Cal. Dep’t of Fin. Prot. and 

Innovation Notice of Proposed Rulemaking [PRO 

01–21], at 4 (May 11, 2023), https://dfpi.ca.gov/wpcontent/uploads/sites/337/2023/08/10-PRO-01-21- 

Innovative-Payments-Association-5.11.23_

Redacted.pdf. 

20See Consumer Fin. Prot. Bureau, Payactiv 

Approval Order, at 5 (Dec. 30, 2020), https://

files.consumerfinance.gov/f/documents/cfpb_

payactiv_approval-order_2020-12.pdf. 

21See id. 

22See id. at 4 n.15. 

23See Consumer Fin. Prot. Bureau, Order to 

Terminate Sandbox Approval Order (June 30, 2022), 

cfpb_payactiv_termination-order_2022-06.pdf. 

24 12 U.S.C. 5512(b)(1). 

25 15 U.S.C. 1640(f). 

26 44 U.S.C. 3501–3521. 

27 5 U.S.C. 801–808. 

2. The 2020 Advisory Opinion 

Engendered Substantial Regulatory 

Uncertainty 

In the months and years following 

issuance of the 2020 Advisory Opinion, 

it became increasingly evident that it 

failed to clarify the status of earned 

wage products under TILA and 

Regulation Z. Indeed, in 2023, the U.S. 

Government Accountability Office 

issued a report recommending that the 

CFPB clarify their status.17 This 

muddying of the waters flowed directly 

from the extreme narrowness of the 

opinion. Few if any of the products in 

the market at the time of or subsequent 

to issuance fit the mold outlined by the 

opinion. As a result, stakeholders were 

left to speculate about the CFPB’s view 

about the credit status of the many 

products actually being offered. 

Worse still, the 2020 Advisory 

Opinion has been widely cited in 

support of legal conclusions that it did 

not reach. For example, it has 

erroneously been cited for the general 

propositions that no-fee earned wage 

products are not credit,18 and that 

employer-partnered earned wage 

products are also not credit.19

In addition, some regulatory 

uncertainty may have resulted from the 

near-contemporaneous issuance of an 

‘‘Approval Order’’ that gave one 

provider a temporary safe harbor from 

liability under TILA and Regulation Z 

with respect to a specific product that 

did not satisfy all the conditions that the 

2020 Advisory Opinion identified as 

taking such a product outside the reach 

of TILA and Regulation Z.20 The 2020 

Advisory Opinion applied only to 

products that had all of the numerous 

characteristics identified above, 

including that they were free to 

consumers. In contrast, the Approval 

Order encompassed earned wage 

transactions in connection with which 

the consumer incurred fees.21 However, 

it was never of general interpretative 

applicability,22 and was terminated 

even before its temporary status 

expired.23

II. Regulatory Matters 

This is an advisory opinion issued 

under the CFPB’s authority to interpret 

TILA and Regulation Z, including under 

section 1022(b)(1) of the Consumer 

Financial Protection Act of 2010, which 

authorizes guidance ‘‘as may be 

necessary or appropriate to enable the 

Bureau to administer and carry out the 

purposes and objectives of the Federal 

consumer financial laws. . . .’’ 24 By 

operation of TILA section 130(f), no 

provision of TILA sections 130, 108(b), 

108(c), 108(e), or section 112 imposing 

any liability would apply to any act 

done or omitted in good faith in 

conformity with this advisory opinion, 

notwithstanding that after such act or 

omission has occurred, the advisory 

opinion is amended, rescinded, or 

determined by judicial or other 

authority to be invalid for any reason.25

The CFPB has determined that this 

advisory opinion would 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 

approval by the Office of Management 

and Budget under the Paperwork 

Reduction Act.26

Pursuant to the Congressional Review 

Act,27 the CFPB will submit a report 

containing this advisory opinion 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’s published effective date. The 

Office of Information and Regulatory 

Affairs has designated this advisory 

opinion as not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2).] 

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2025–00381 Filed 1–14–25; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 732, 734, 740, 742, 744, 

748, 750, 762, 772, and 774 

[Docket No. 250107–0002] 

RIN 0694–XC112 

Public Briefing on Framework for 

Artificial Intelligence Diffusion 

AGENCY: Bureau of Industry and 

Security, U.S. Department of Commerce. 

ACTION: Notification of public briefing 

on regulatory action. 

SUMMARY: On January 10, 2025, the 

Office of the Federal Register posted for 

public inspection a Bureau of Industry 

and Security (BIS) interim final rule: 

‘‘Framework for Artificial Intelligence 

Diffusion’’ (RIN 0694–AJ90). This 

document announces that, on January 

15, 2025, BIS will host a virtual public 

briefing on this rule. This document 

also provides details on the procedures 

for participating in the virtual public 

briefing. 

DATES: Virtual public briefing: The 

virtual public briefing will be held on 

January 15, 2025. The public briefing 

will begin at 12 p.m. Eastern Standard 

Time (EST) and conclude at 1 p.m. EST. 

Deadline to register: Register by 9 a.m. 

EST on January 15, 2025, for virtual 

participation. 

ADDRESSES: To attend this event 

virtually, register at: https://

events.gcc.teams.microsoft.com/event/ 

a0c17530-aae8-43e0-b64ce2f9bafbbcf4@44cf3ec3-840c-4086-b7dee3bc9a6c2db4. 

Recordkeeping: A summary of the 

briefing will be posted for the record at: 

https://regulations.gov under the 

regulations.gov ID for this notice (BIS– 

2025–0001). 

FOR FURTHER INFORMATION CONTACT: For 

questions on this virtual public briefing, 

contact Hillary Hess, Regulatory Policy 

Division, Office of Exporter Services, 

Bureau of Industry and Security, U.S. 

Department of Commerce at 202–482– 

2440 or by email: RPD2@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 3625 

1Although this provision vests approval authority 

in the ‘‘Attorney General,’’ the Secretary of 

Homeland Security now may exercise this 

authority. See 6 U.S.C. 202(3)–(4), 251, 271(b), 291, 

551(d)(2), 557; 8 U.S.C. 1103(c) (2000). 

2 Guedes v. Bureau of Alcohol, Tobacco, Firearms 

& Explosives, 920 F.3d 1, 13 (D.C. Cir. 2019). 

Background 

With the Framework for Artificial 

Intelligence Diffusion interim final rule, 

the Commerce Department’s Bureau of 

Industry and Security (BIS) revises the 

Export Administration Regulations’ 

(EAR) controls on advanced computing 

integrated circuits (ICs) and adds a new 

control on artificial intelligence (AI) 

model weights for certain advanced 

closed-weight dual-use AI models. In 

conjunction with the expansion of these 

controls, which BIS has determined are 

necessary to protect U.S. national 

security and foreign policy interests, BIS 

is adding new license exceptions and 

updating the Data Center Validated End 

User authorization to facilitate the 

export, reexport, and transfer (incountry) of advanced computing ICs to 

end users in destinations that do not 

raise national security or foreign policy 

concerns.Together, these changes will 

cultivate secure ecosystems for the 

responsible diffusion and use of AI and 

advanced computing ICs. 

Public Briefing 

On January 15, 2025, BIS will host a 

public briefing to address the details of 

this rule. The virtual public briefing will 

be held on January 15, 2025. The virtual 

public briefing will begin at 12 p.m. EST 

and conclude at 1 p.m. EST. 

Procedure for Requesting Participation 

To participate in the public meeting 

virtually, register at: https://

events.gcc.teams.microsoft.com/event/ 

a0c17530-aae8-43e0-b64ce2f9bafbbcf4@44cf3ec3-840c-4086-b7dee3bc9a6c2db4 no later than 9 a.m. EST 

on January 15, 2025, for virtual 

participation. This web page will also 

display the agenda of the public meeting 

and any other necessary information. 

Special Accommodations 

For any special accommodation 

needs, please send an email to: rpd2@

bis.doc.gov. 

Thea D. Rozman Kendler, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2025–00637 Filed 1–13–25; 11:15 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

[DOL Docket No. ETA–2020–0005] 

Adjudication of Temporary and 

Seasonal Need for Herding and 

Production of Livestock on the Range 

Applications Under the H–2A Program; 

Ratification of Department’s Actions 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Ratification. 

SUMMARY: The Department of Labor is 

publishing notification of the Assistant 

Secretary for Employment and 

Training’s ratification of the rule 

published December 16, 2021, titled 

Adjudication of Temporary and 

Seasonal Need for Herding and 

Production of Livestock on the Range 

Applications Under the H–2A Program. 

DATES: This ratification was signed on 

January 10, 2025. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding 20 CFR 

part 655, contact Brian Pasternak, 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone: (202) 693–8200 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone numbers above via 

Teletypewriter (TTY)/ 

Telecommunications Device for the Deaf 

(TDD) by calling the toll-free Federal 

Information Relay Service at 1 (877) 

889–5627. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 6, 2021, the Department of 

Labor (‘‘DOL’’ or ‘‘Department’’) issued 

a notice of proposed rulemaking 

(‘‘NPRM’’) in the Federal Register 

(‘‘FR’’) to amend its regulations 

regarding the adjudication of temporary 

and seasonal need for employers 

seeking herding or production of 

livestock on the range job opportunities 

under the H–2A program. See 

Adjudication of Temporary and 

Seasonal Need for Herding and 

Production of Livestock on the Range 

Applications Under the H–2A Program, 

86 FR 24368 (May 6, 2021) (‘‘NPRM’’). 

The NPRM was open for public 

comment for 30 days until June 7, 2021. 

See Adjudication of Temporary and 

Seasonal Need for Herding and 

Production of Livestock on the Range 

Applications Under the H–2A Program, 

86 FR 71373, 71376 (Dec. 16, 2021) 

(‘‘Final Rule’’). On December 16, 2021, 

DOL published the Final Rule in the FR. 

See Final Rule, 86 FR 71373. The Final 

Rule went into effect on January 18, 

2022. Id. 

Since publication of the Final Rule, a 

question has been raised in litigation 

concerning whether a separate rule, 

Adverse Effect Wage Rate Methodology 

for the Temporary Employment of H–2A 

Nonimmigrants in the Non-Range 

Occupations in the United States, 88 FR 

12760 (Feb. 28, 2023), was approved by 

the Attorney General in consultation 

with the Secretary of Labor and the 

Secretary of Agriculture. 8 U.S.C. 1188, 

Statutory Note.1 With respect to the 

Final Rule, prior to its issuance on 

December 16, 2021, the Final Rule was 

provided to the Departments of 

Homeland Security and Agriculture 

through the interagency review process 

prescribed by Executive Order 12866. 

Further, on December 31, 2024, the 

Secretary of Homeland Security, in 

consultation with the Secretary of Labor 

and Secretary of Agriculture, approved 

the Final Rule. 

To resolve any possible uncertainty 

with respect to the Final Rule, the 

Department, through its Assistant 

Secretary for Employment and Training, 

is ratifying the Final Rule. Under 

established case law, an agency may, 

through ratification, ‘‘purge[ ] any 

residual taint or prejudice left over 

from’’ a potential defect in a prior 

governmental action.2 The Department 

is issuing this ratification out of an 

abundance of caution, and this 

ratification is not a statement that the 

Final Rule is invalid absent this 

ratification. 

II. Ratification 

By virtue of the authority vested in 

the Secretary of Labor by law, including 

by the Immigration and Nationality Act 

of 1952, as amended, 8 U.S.C. 1101 et 

seq. (‘‘INA’’), and as delegated to the 

Assistant Secretary for Employment and 

Training, 75 FR 66268, I am affirming 

and ratifying a prior action by Angela 

Hanks, Acting Assistant Secretary for 

Employment and Training. On 

December 16, 2021, the Employment 

and Training Administration published 

in the FR the Final Rule codifying 

amendments to the Department’s 


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