This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

46953 

Vol. 86, No. 160 

Monday, August 23, 2021 

1Fair Credit and Charge Card Disclosure Act of 

1988 (FCCCDA), Public Law 100–583, section 5, 

102 Stat. 2960, 2967 (1988) (adding section 136(b) 

of TILA). TILA section 136(b) is codified at 15 

U.S.C. 1646(b). 

2 Dodd-Frank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act), Public Law 111– 

203, tit. X, section1100A(2), 124 Stat. 1376, 2107 

(2010). The transfer of this authority, as a consumer 

protection function under TILA, became effective 

on July 21, 2011. See Dodd-Frank Act section 1061, 

124 Stat. 2035–2039 (consumer financial protection 

functions to be transferred to the Bureau as of a 

designated transfer date); 75 FR 57252 (Sept. 20, 

2010) (setting transfer date). 

3TILA section 127(c) requires issuers to disclose, 

among other things, the annual percentage rate for 

purchases (must state if it is a variable rate); the 

length of the grace period; the name or description 

of the balance computation method; the fee for 

issuance or availability (membership fee); the 

minimum finance charge; the transaction fee for 

purchases; the transaction fee for cash advances; the 

fee for late payment; and the fee for exceeding the 

credit limit. 15 U.S.C. 1637(c). 

4 15 U.S.C. 1646(b). 

5Bureau of Consumer Fin. Prot., Collect—TCCP 

User Guide 2 (Jan. 2019), https://

files.consumerfinance.gov/f/documents/TCCP_

User_Guide_Final.pdf. 

6 15 U.S.C. 1646(b)(3). 

7See Bureau of Consumer Fin. Prot., Supporting 

Statement Part A: Report of Terms of Credit Card 

Plans (Form FR 2572) (OMB Control Number: 3170– 

0001) 1 (uploaded May 29, 2019), https://

www.reginfo.gov/public/do/ 

DownloadDocument?objectID=91971901. 

8See Office of Mgmt. & Budget, Notice of Office 

of Management and Budget Action (Oct. 24, 2011), 

https://www.reginfo.gov/public/do/ 

PRAViewICR?ref_nbr=201110-3170-006# 

(approving transfer of FR 2572 from the Board to 

the Bureau). 

9See, e.g., 84 FR 24764 (May 29, 2019) (notice of 

and requesting comments for renewal of Office of 

Management and Budget (OMB) approval for 

existing Report of Terms of Credit Card Plan 

information collection). The FR 2572 form is 

currently on the Bureau’s website at https://

files.consumerfinance.gov/f/documents/bcfp_tccpsurvey_form-2572_instructions.pdf. 

10Bureau of Consumer Fin. Prot., Report of Terms 

of Credit Card Plans—Instructions (FR 2572), page 

1, https://files.consumerfinance.gov/f/documents/ 

bcfp_tccp-survey_form-2572_instructions.pdf. 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1026 

Technical Specifications for Credit 

Card Agreement and Data 

Submissions Required Under TILA and 

the CARD Act (Regulation Z) 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notification of technical 

specifications; procedural rule. 

SUMMARY: Certain credit card issuers 

must submit credit card agreements and 

data to the Bureau of Consumer 

Financial Protection (Bureau) under the 

Truth in Lending Act (TILA) and the 

Credit Card Accountability 

Responsibility and Disclosure Act of 

2009 (CARD Act). The Bureau is issuing 

new technical specifications for 

complying with those submission 

requirements. Credit card issuers will 

make the required submissions under 

TILA and the CARD Act through the 

Bureau’s ‘‘Collect’’ website. These 

technical specifications include 

registration information and the URL for 

the website at which issuers (or their 

designees) can submit the required 

information. 

DATES: This notification of technical 

specifications and procedural rule 

becomes effective on August 23, 2021. 

Issuers must make submissions using 

the Collect website, in accordance with 

these technical specifications. 

FOR FURTHER INFORMATION CONTACT: 

Yaritza Velez, Counsel or Caroline 

Hong, Senior Counsel, Office of 

Regulations, at 202–435–7700 or https:// 

reginquiries.consumerfinance.gov. For 

technical assistance regarding the 

Collect website and submission system, 

contact Collect_Support@cfpb.gov. If 

you require this document in an 

alternative electronic format, please 

contact CFPB_Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Submission Requirements 

A. Submission of Data on Credit Card 

Pricing and Availability (Terms of 

Credit Card Plans Survey) 

The Statute 

In 1988, Congress amended section 

136 of the Truth in Lending Act (TILA) 

to require the Board of Governors of the 

Federal Reserve System (Board) to 

collect certain credit card price and 

availability information from a sample 

of credit card issuers and report this 

information to Congress and make it 

available to the public.1 The 

responsibility to collect this 

information, through what is called the 

Terms of Credit Card Plans (TCCP) 

Survey, was transferred to the Bureau in 

2011.2

Specifically, TILA section 136(b) 

requires the Bureau to collect, on a 

semiannual basis, credit card price and 

availability information, including the 

information required to be disclosed 

under section 127(c) of TILA, from a 

broad sample of financial institutions 

that offer credit card services. Section 

127(c) of TILA lists requirements for 

disclosures in connection with credit 

and charge card applications and 

solicitations.3

TILA section 136(b) also requires that 

the sample of TCCP Survey respondents 

include the 25 largest issuers of credit 

cards and no less than 125 additional 

financial institutions selected by the 

Bureau in a manner that ensures an 

equitable geographic distribution within 

the sample and the representation of a 

wide spectrum of institutions within the 

sample.4 Generally, the Bureau sends an 

email to each selected issuer requesting 

that it complete the TCCP Survey. 

Issuers that do not receive such an email 

from the Bureau do not need to 

complete the TCCP Survey.5

There are no implementing 

regulations for the core TCCP Survey 

collection requirement in TILA section 

136(b). Issuers are required to submit 

their information ‘‘to the Bureau in 

accordance with such regulations or 

orders as the Bureau may prescribe.’’ 6

The Submission Process 

In 1990, the Board implemented a 

‘‘Report of Terms of Credit Card Plans 

Survey’’ (FR 2572), in the form of a 

spreadsheet, to collect the TCCP Survey 

data elements from financial institutions 

(issuers) participating in the Survey.7

The Board collected TCCP Survey 

responses using the FR 2572 form until 

2011, when the collection of 

information for the TCCP Survey was 

formally transferred to the Bureau.8 The 

Bureau has also used the FR 2572 form 

to collect information from selected 

issuers for the TCCP Survey.9 TCCP 

Survey data must be reported twice a 

year, as of January 31 and July 31.10 If 

selected by the Bureau to complete the 

TCCP Survey, an issuer would need to 

complete its Survey within 10 business 

days of the end of the Survey date (e.g., 

February 14 or August 14, respectively). 

The information provided by the issuer 


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11See, e.g., Bureau of Consumer Fin. Prot., TCCP 

Survey FAQs, page 2 (Question 3) (last updated May 

1, 2020), https://files.consumerfinance.gov/f/ 

documents/cfpb_tccp-survey_faq.pdf. 

12The Bureau’s TCCP Survey database is 

available at https://cfpb-sites.force.com/ 

CreditCardPlanSurveys. 

13 84 FR 7979 (Mar. 6, 2019). 

14Although TCCP Survey respondents currently 

have the ability to register for Collect, generally 

TCCP Survey respondents are not aware that they 

are required to participate in the Survey until 

receiving notification from the Bureau. As a result, 

new TCCP Survey Collect users would not need to 

register for Collect for the purpose of making TCCP 

Survey submissions until that time. 

15Public Law 111–24, 123 Stat. 1734 (2009). 

16 15 U.S.C. 1632(d). 

17Public Law 111–203, section 1100A, 124 Stat. 

2081 (2010). See also supra note 2. 

18 76 FR 79768 (Dec. 22, 2011). 

19 12 CFR 1026.58(c)(1). A credit card issuer is not 

required to submit a credit card agreement to the 

Bureau pursuant to 12 CFR 1026.58, if it qualifies 

for the de minimis exception in 12 CFR 

1026.58(c)(5), the private label credit card exception 

in 12 CFR 1026.58(c)(6), or the product testing 

exception in 12 CFR 1026.58(c)(7). 

20 12 CFR 1026.58(c)(1)(i) through (iv). 

21 12 CFR 1026.58(c)(3). 

22 12 CFR 1026.58(d). 

23 12 CFR 1026.58(c)(8)(ii)(A). See also 12 CFR 

1026, Comment 58(c)(8)–2 (‘‘Pricing information 

must be set forth in the separate addendum 

described in 1026.58(c)(8)(ii)(A) even if it is also 

stated elsewhere in the agreement.’’). 

must be current as of the Survey date 

(i.e., January 31 or July 31).11

Starting with the TCCP Survey cycle 

beginning on July 31, 2018, the Bureau 

has provided issuers with the voluntary 

option to make TCCP Survey 

submissions through its Collect website 

(Collect). The Bureau has also continued 

to accept TCCP Survey submissions 

using the FR 2572 form. 

For the most recent TCCP Survey 

cycle beginning on January 31, 2021, 83 

percent of TCCP Survey submissions 

were made via Collect. Collect has 

simplified the TCCP Survey submission 

process for issuers in several ways. For 

example, instructions in Collect are 

‘‘tiered’’ so that the submitter only sees 

relevant questions, thus minimizing the 

possibility for confusion or error. 

Collect also avoids instructions that 

would lead to duplicative responsive 

information if the system determines 

that the information has already been 

provided earlier in the submission 

process. Additionally, Collect provides 

an audit trail that allows issuers to 

clearly verify whether and when each of 

their submissions has been received by 

the Bureau and review the contents of 

past submissions. Further, the Bureau 

has heard through its market outreach 

efforts that Survey respondents find 

Collect to be faster to use than the FR 

2572 form, and that it allows them to 

more easily reference past submissions. 

The Bureau has also found that Collect 

facilitates faster processing of TCCP 

Survey submissions by Bureau staff, 

which in turn has led to the faster 

posting of the TCCP Survey results on 

the Bureau’s website 12 and enhanced 

the public’s ability to use the data in a 

timely manner. The Bureau believes that 

such gains to issuers, the public, and the 

Bureau would be increased if all TCCP 

Survey respondents used Collect, and 

that any additional burden on Survey 

respondents as a result of using Collect 

would be minimal. 

In April 2019, the Bureau also started 

using Collect to receive prepaid account 

agreements and associated information 

from prepaid account issuers pursuant 

to 12 CFR 1005.19.13 The Bureau has 

found that Collect also provides a 

streamlined electronic process for this 

collection that substantially benefits 

issuers, the public, and the Bureau. 

For the reasons set forth above, 

issuers selected by the Bureau to 

participate in the TCCP Survey must 

submit their data using Collect, starting 

with the Survey cycle beginning on 

January 31, 2022, for which responses 

are due on February 14, 2022. 

Afterward, issuers selected by the 

Bureau to participate in future TCCP 

Surveys must also use Collect to submit 

their responses. Issuers selected by the 

Bureau to participate in the Survey who 

do not already use Collect can begin the 

registration process immediately.14

Upon receiving their login credentials, 

issuers will be able to start submitting 

their Survey responses using Collect. 

See the Technical Specifications in part 

II below for additional information. 

B. Quarterly Submission of Credit Card 

Agreements 

The Statute and Regulation 

In 2009, Congress enacted the Credit 

Card Accountability Responsibility and 

Disclosure Act (CARD Act) in order to 

‘‘establish fair and transparent practices 

related to the extension of credit’’ in the 

credit card market.15 Section 204 of the 

CARD Act added new TILA section 

122(d) to require creditors to post 

agreements for open-end consumer 

credit card plans on the creditors’ 

websites and submit those agreements 

to the Board for posting on a publicly 

available website established and 

maintained by the Board.16 The Board 

generally implemented the CARD Act’s 

provisions in subpart G of Regulation Z. 

Specifically, TILA section 122(d)(1) 

requires each creditor to post its credit 

card agreements on its own website, and 

section 122(d)(2) requires the creditor to 

provide its agreements to the Bureau 

(formerly the Board). TILA section 

122(d)(3) requires the Bureau (formerly 

the Board) to establish and maintain on 

its publicly available website a central 

repository of the agreements it receives 

under section 122(d)(2). The Board 

implemented these provisions at 12 CFR 

226.58. With the adoption of the DoddFrank Act, authority to implement TILA 

transferred to the Bureau,17 and the 

Bureau renumbered this provision in 

Regulation Z as 12 CFR 1026.58.18

While TILA section 122(d) requires 

that creditors provide agreements to the 

Bureau, it does not specify the 

frequency or timing for these 

submissions. The implementing 

regulations in Regulation Z provide that 

a card issuer must make quarterly 

submissions to the Bureau ‘‘in the form 

and manner specified by the Bureau,’’ 

except as otherwise provided in the 

regulation.19 Each submission must 

contain identifying information about 

the issuer and the agreements 

submitted; the credit card agreements 

that the issuer offered to the public as 

of the last business day of the preceding 

calendar quarter that the issuer has not 

previously submitted to the Bureau; any 

credit card agreement previously 

submitted to the Bureau that was 

amended during the preceding calendar 

quarter and that the issuer offered to the 

public as of the last business day of the 

preceding calendar quarter; and a 

notification regarding any credit card 

agreement previously submitted to the 

Bureau that the issuer is withdrawing.20

If a credit card agreement has been 

previously submitted to the Bureau, the 

agreement has not been amended, and 

the card issuer continues to offer the 

agreement to the public, no additional 

submission regarding that agreement is 

required for that calendar quarter.21

These quarterly submissions must be 

sent to the Bureau no later than the first 

business day on or after January 31, 

April 30, July 31, and October 31 of 

each year. The regulation also provides 

that, except in certain circumstances, 

card issuers must post and maintain on 

their publicly available websites the 

credit card agreements that the issuers 

are required to submit to the Bureau.22

The Bureau’s implementing 

regulation at 12 CFR 1026.58(c)(8) 

provides requirements for the form and 

content of the quarterly credit card 

agreement submissions. One such 

requirement specifies that for each 

submitted ‘‘agreement,’’ the ‘‘[p]ricing 

information must be set forth in a single 

addendum to the agreement.’’ 23 The 

term ‘‘agreement’’ or ‘‘credit card 

agreement’’ is defined as ‘‘the written 

document or documents evidencing the 

terms of the legal obligation, or the 


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24 12 CFR 1026.58(b)(1). 

25 12 CFR 1026.58(b)(7) (‘‘pricing information’’ 

refers to the information listed in 12 CFR 

1026.6(b)(2)(i) through (b)(2)(xii)). 

26 12 CFR 1026.58(c)(8)(iii). 

27See 75 FR 7658, 7923 (Feb. 22, 2010) (technical 

specifications for the quarterly credit card 

submission included in Attachment I to the Federal 

Register notice); 81 FR 19467 (Apr. 5, 2016). 

28See 12 CFR 1026.58(g); see also 80 FR 21153 

(Apr. 17, 2015). Credit card issuers’ obligations to 

post currently offered credit card agreements on 

their publicly available websites under 12 CFR 

1026.58(d), and to make agreements for open 

accounts available to cardholders as required by 12 

CFR 1026.58(e), were not affected by the 

suspension. See 80 FR 21153, 21155 (Apr. 17, 

2015); see also 81 FR 19467 (Apr. 5, 2016) (notice 

of expiration of suspension). 

29 80 FR 21153, 21154 (Apr. 17, 2015). The 

Bureau’s database of credit card agreements is 

available at http://www.consumerfinance.gov/ 

credit-cards/agreements/. 

30 80 FR 21153, 21154 (Apr. 17, 2015). 

31See 81 FR 19467 (Apr. 5, 2016). 

32The current instructions for submitting credit 

card agreements to the Bureau are available at 

https://files.consumerfinance.gov/f/documents/ 

cfpb_card-agreements-submission-instructions.pdf. 

33CARD Act, Public Law 111–24, section 305, 

123 Stat. 1734, 1749–1750. TILA section 127(r) is 

codified as 15 U.S.C. 1637(r). 

34 15 U.S.C. 1637(r)(3). 

35Public Law 111–203, section 1100A, 124 Stat. 

2081 (2010). See also supra note 2. 

36 76 FR 79768 (Dec. 22, 2011). 

37Specifically, section 1026.57(d)(2) states that 

the annual report must include identifying 

Continued 

prospective legal obligation, between a 

card issuer and a consumer for a credit 

card account under an open-end (not 

home-secured) consumer credit plan’’ 

and also includes pricing information.24

Pricing information is defined to 

include certain information, including 

credit card annual percentage rates 

(APR) and fees and charges, among 

other things.25 Provisions of the 

agreement other than the pricing 

information that may vary from one 

cardholder to another depending on the 

cardholder’s creditworthiness or State of 

residence or other factors may be set 

forth in a single addendum to the 

agreement separate from the pricing 

information addendum.26 This 

addendum is referred to as the variable 

terms addendum. 

The Submission Process 

Under the process established by the 

Board that was used by the Bureau until 

2015 and updated as described below in 

2016, credit card issuers submit 

agreements and agreement information 

to the Bureau manually via email.27 On 

April 17, 2015, the Bureau issued a final 

rule temporarily suspending credit card 

issuers’ obligations under 12 CFR 

1026.58 to submit credit card 

agreements to the Bureau for a period of 

one year (i.e., four quarterly 

submissions), in order to reduce burden 

while the Bureau worked to develop a 

more streamlined and automated 

electronic submission system.28 When 

issuing the final rule, the Bureau 

explained that it believed the manual 

process ‘‘may be unnecessarily 

cumbersome for issuers and may make 

issuers’ own internal tracking of 

previously submitted agreements 

difficult’’ and noted that ‘‘the process 

for Bureau staff to manually review, 

catalog, and upload new or revised 

agreements to the Bureau’s website, and 

to remove outdated agreements, can 

extend for several months after the 

quarterly submission deadline.’’ 29 The 

Bureau also stated its intent to develop 

‘‘a more streamlined and automated 

electronic submission system’’ that 

would both allow issuers to upload 

agreements directly to the Bureau’s 

database and enable faster posting of 

agreements on the Bureau’s website.30

The Bureau did not implement the 

submission system described above 

during the temporary one-year 

suspension period and instead posted 

updated submission instructions in 

2016 to its website.31 The updated 

submission process, which is currently 

in use, allows issuers to submit 

agreements by emailing weblinks to the 

agreements instead of attaching the 

agreements as Portable Document 

Format (PDF) files.32 Issuers also 

continue to have the option to email the 

agreements as PDF files. However, the 

process for Bureau staff remains a timeconsuming, manual process that extends 

for several months after each quarterly 

submission deadline. The process also 

provides no audit trail or automated 

verification mechanism by which 

issuers can confirm receipt of their 

submissions by the Bureau each quarter 

and review past quarters’ submissions. 

Soon after the one-year suspension 

expired, the Bureau developed and 

deployed Collect, which is currently 

used by the Bureau to receive TCCP 

Survey responses on a voluntary basis 

and prepaid account agreements and 

agreement information, as explained 

above. For the TCCP Survey, Collect has 

provided a streamlined and automated 

electronic submission system that is less 

burdensome and easier for issuers to 

use, and that has reduced Bureau staff 

processing time, provided a robust audit 

trail for submissions, and lessened the 

time between the dates of issuer 

submissions and availability of the 

information to the public. For the 

prepaid account agreement and 

information submissions, the Bureau 

has found that Collect also provides a 

streamlined electronic process that 

benefits issuers, the public, and the 

Bureau. 

Therefore, for these reasons, issuers 

making credit card agreement 

submissions to the Bureau on a 

quarterly basis must make those 

submissions using Collect, starting with 

the submissions for the fourth quarter of 

calendar year 2021 that are due on 

January 31, 2022. Subsequent 

submissions must also be made using 

Collect, on an ongoing basis. Issuers 

who do not already use Collect can 

begin the registration process 

immediately. All issuers required to 

make quarterly credit card agreement 

submissions to the Bureau must register 

for Collect by November 1, 2021. Once 

the issuer receives its login credentials, 

the issuer will have the ability to review 

its current submissions and start making 

the required submissions using Collect, 

starting on December 1, 2021. See the 

Technical Specifications in part II below 

for additional information. 

C. Submission of College Credit Card 

Marketing Agreements and Data 

The Statute and Regulation 

The CARD Act also added new TILA 

section 127(r), which requires credit 

card issuers to submit an annual report 

to the Bureau (formerly the Board) 

containing the terms and conditions of 

all business, marketing, promotional 

agreements, and college affinity card 

agreements with an institution of higher 

education, or an alumni organization or 

foundation affiliated with or related to 

such institution, with respect to any 

college student credit card issued to a 

college student at such institution.33

This document refers to those 

agreements as ‘‘college credit card 

marketing agreements.’’ Under TILA 

section 127(r), the Bureau (formerly the 

Board) is obligated to make an annual 

report listing such information to 

Congress and to also make the report 

available to the public.34 The Board 

implemented these provisions at 12 CFR 

226.57(d). As noted above, in 2011, the 

Dodd-Frank Act transferred the 

authority to implement TILA to the 

Bureau.35 The Bureau renumbered this 

provision in Regulation Z as 12 CFR 

1026.57(d).36

Section 1026.57(d) provides that card 

issuers that were parties to college 

credit card marketing agreements in 

effect at any time during a calendar year 

must submit an annual report to the 

Bureau regarding those agreements ‘‘in 

the form and manner prescribed by the 

Bureau’’ and specifies the information 

that the report must include.37 Card 


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46956 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

information about the card issuer and agreements 

submitted; a copy of any college credit card 

agreement to which the issuer was a party that was 

in effect at any time during the period covered by 

the report; a copy of any memorandum of 

understanding in effect at any time during the 

period covered by the report, as described by the 

regulation; the total dollar amount of any payments 

pursuant to a college credit card agreement from the 

card issuer to an institution of higher education or 

affiliated organization during the period covered by 

the report, and the method or formula used to 

determine such amounts; the total number of credit 

card accounts opened pursuant to any college credit 

card agreement during the period covered by the 

report; and the total number of credit card accounts 

opened pursuant to any such agreement that were 

open at the end of the period covered by the report. 

38 12 CFR 1026.57(d)(3). 

39See 75 FR 7658, 7923 (Feb. 22, 2010) (technical 

specifications for the quarterly credit card 

submission included in Attachment I to the Federal 

Register notice). The current technical 

specifications were updated by the Board on 

December 31, 2010, and are available on the 

Bureau’s website, at http://

files.consumerfinance.gov/f/201603_cfpb_

consumer-and-college-credit-card-agreementsubmission.pdf. 

40The Bureau’s college credit card marketing 

agreement and data website is available at https:// 

www.consumerfinance.gov/data-research/studentbanking/marketing-agreements-and-data/. 

41The annual reports are due to the Bureau ‘‘by 

the first business day on or after March 31 of the 

following calendar year.’’ 12 CFR 1026.57(d)(3). 

Because March 31, 2022, falls on a Thursday, the 

2022 deadline is March 31, 2022. 

42 15 U.S.C. 1646(b). 

43For questions concerning the registration form, 

please contact the Collect Support Team at Collect_

Support@cfpb.gov. 

44TCCP Survey respondents who have not used 

Collect previously are encouraged to register as 

early as possible after they have received 

notification from the Bureau that they are required 

to participate in the Survey, to confirm that they 

can successfully access the system. See also note 

14. 

45 Issuers who are not otherwise registered for 

Collect (i.e., because they are TCCP Survey 

respondents already registered for Collect) are 

encouraged to register as early as possible. For 

questions concerning the registration form, please 

contact the Collect Support Team at Collect_

Support@cfpb.gov. 

issuers are required to submit their 

annual reports for a given calendar year 

to the Bureau by the first business day 

on or after March 31 of the following 

calendar year.38

The Submission Process 

The current process was first 

established by the Board in 2010 and 

has been left generally unchanged by 

the Bureau.39 Under that process, credit 

card issuers manually submit their 

annual report data as PDFs (for 

agreements) and as tab-delimited plain 

text files or as a Microsoft Excel 

Workbook (for associated information) 

that they send to the Bureau primarily 

via email. As with the TCCP Survey and 

quarterly credit card agreement 

submissions, Bureau staff must then 

manually review, catalog, and upload 

college credit card marketing 

agreements and data to the Bureau’s 

website,40 which delays the provision of 

such information to the public. 

Based on the Bureau’s experience 

with issuer submissions through Collect 

as to the TCCP Survey and prepaid 

account agreements and agreement data, 

the Bureau believes that requiring 

issuers to submit college credit card 

marketing agreements and data using 

Collect will reduce the burden on 

issuers by eliminating the manual 

process and lessen the time required for 

Bureau staff to process the submissions 

and make the information available to 

the public. It will also provide a robust 

audit trail for issuers to track the receipt 

and contents of current and past 

submissions. 

Therefore, for the above reasons, 

issuers must submit their annual reports 

related to college credit card marketing 

agreements and data using Collect, 

starting with the submissions that are 

due on March 31, 2022,41 and continue 

to do so on an ongoing basis. That is, a 

card issuer that was a party to one or 

more college credit card marketing 

agreements in effect at any time during 

calendar year 2021 must use Collect to 

submit to the Bureau an annual report 

regarding those agreements by March 

31, 2022. Subsequent annual 

submissions must also be made using 

Collect, on an ongoing basis. Issuers 

who do not already use Collect can 

begin the registration process 

immediately. Once the issuer receives 

its login credentials, the issuer will have 

the ability to start making the required 

submissions using Collect, starting in 

January 2022. See the Technical 

Specifications in part II below for 

additional information. 

II. Technical Specifications 

A. Submission of Data on Credit Card 

Pricing and Availability (TCCP Survey) 

The Bureau has established Collect as 

the mandatory vehicle for submitting 

the TCCP Survey elements under TILA 

section 136(b).42 Issuers that have been 

selected by the Bureau to participate in 

the TCCP Survey cycle beginning on 

January 31, 2022, must submit the 

required information using Collect 

within 10 business days at the end of 

the Survey date (i.e., no later than 

February 14, 2022). Selected issuers 

must also use Collect to make 

submissions for future TCCP Survey 

cycles. Collect can be accessed at 

https://collect.consumerfinance.gov. 

Issuers can begin the registration 

process for Collect immediately. To 

register, Survey respondents that have 

not already registered for Collect must 

complete a registration form and submit 

it to Collect_Support@cfpb.gov.43 The 

Collect registration form is available at 

https://files.consumerfinance.gov/f/ 

documents/cfpb_collect-registration.pdf. 

Once respondents receive their login 

credentials, they will be able to submit 

their TCCP Survey information.44

Collect uses interactive forms to guide 

respondents through the submission 

process. After submitting certain 

identifying information as required by 

the statute, respondents will be 

prompted to input the TCCP Survey 

information into Collect. 

Compliance Resources 

For the TCCP Survey submissions 

required under TILA section 136(b), the 

Bureau has published compliance 

resources to assist respondents in using 

Collect, including a user guide, a quick 

reference guide, frequently asked 

questions, and a webinar. These 

resources are available on the Bureau’s 

website at https://

www.consumerfinance.gov/dataresearch/credit-card-data/terms-creditcard-plans-survey/. The Bureau plans to 

update this website, as needed, to reflect 

changes made by these technical 

specifications. For technical assistance 

related to TCCP Survey submissions, 

Survey respondents can contact the 

Bureau at Collect_Support@cfpb.gov. 

B. Quarterly Submission of Credit Card 

Agreements 

The Bureau has established Collect as 

the mandatory vehicle for credit card 

agreement submissions that must be 

made to the Bureau on a quarterly basis, 

pursuant to 12 CFR 1026.58. Collect can 

be accessed at https://

collect.consumerfinance.gov. Issuers 

must use Collect to make their fourth 

quarter of calendar year 2021 

submissions that reflect their 

agreements in effect as of December 31, 

2021, by January 31, 2022. Issuers must 

also use Collect to make future quarterly 

credit card agreement submissions. 

Issuers can begin the registration 

process for Collect immediately. To 

register, issuers that have not already 

registered for Collect must complete a 

registration form and submit it to 

Collect_Support@cfpb.gov by November 

1, 2021.45 The Collect registration form 

is available at https://

files.consumerfinance.gov/f/documents/ 

cfpb_collect-registration.pdf. Once 

submitters receive their login 

credentials, they will be able to review 

their current submissions and make the 

required submissions for the fourth 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46957 

46 Issuers who are not otherwise registered for 

Collect (i.e., because they are TCCP Survey 

respondents already registered for Collect) are 

encouraged to register as early as possible. For 

questions concerning the registration form, please 

contact the Collect Support Team at Collect_

Support@cfpb.gov. 

47 12 U.S.C. 5512(b)(1). 

48 15 U.S.C. 1604(a). 

49 15 U.S.C. 1632(d)(5). 50 44 U.S.C. 3501 et seq. 

quarter of calendar year 2021 using 

Collect, starting on December 1, 2021. 

Collect uses interactive forms to guide 

submitters through the submission 

process. After submitting certain 

identifying information as required by 

12 CFR 1026.58(c)(1)(i), issuers will be 

prompted to upload the required 

documents using Collect. Issuers will be 

able to upload an agreement, a pricing 

addendum, and if applicable, a variable 

terms addendum. Pursuant to 12 CFR 

1026.58(c)(8)(ii)(A), pricing information 

must be set forth in a single addendum, 

so an issuer must submit only one 

pricing addendum with each agreement. 

File Format 

Credit card agreements submitted 

through Collect must be in the PDF file 

format, and must be text-searchable, 

digitally created PDFs. These PDF files 

should not be scanned documents, 

otherwise known as ‘‘image-only’’ PDFs, 

as these are not text-searchable. For 

questions about file formats, please 

contact the Bureau at Collect_Support@

cfpb.gov. 

Compliance Resources 

For quarterly credit card agreement 

submissions that must be made 

pursuant to 12 CFR 1026.58, the Bureau 

is developing compliance resources to 

assist issuers in using Collect, including 

a user guide, a quick reference guide, 

frequently asked questions, and a 

webinar. These resources will be 

available on the Bureau’s website at a 

later date. For technical assistance 

regarding these submissions, issuers can 

contact the Bureau at Collect_Support@

cfpb.gov. 

C. Submission of College Credit Card 

Marketing Agreements and Data 

The Bureau has established Collect as 

the mandatory vehicle for the 

submission of annual reports related to 

college credit card marketing 

agreements and data required under 12 

CFR 1026.57. Issuers must use Collect to 

submit to the Bureau, no later than 

March 31, 2022, the required 

information for the college credit card 

marketing agreements to which the 

issuers were a party during calendar 

year 2021. Issuers must also use Collect 

to make future college credit card 

marketing agreement and data 

submissions. Collect can be accessed at 

https://collect.consumerfinance.gov. 

Issuers can begin the registration 

process for Collect immediately. To 

register, issuers that have not already 

registered for Collect must complete a 

registration form and submit it to 

Collect_Support@cfpb.gov.46 The 

Collect registration form is available at 

https://files.consumerfinance.gov/f/ 

documents/cfpb_collect-registration.pdf. 

Once submitters receive their login 

credentials, they will be able to make 

the required submissions using Collect, 

starting in January 2022. 

Collect uses interactive forms to guide 

submitters through the submission 

process. After submitting certain 

identifying information as required by 

12 CFR 1026.57(d)(2)(i), issuers will be 

prompted to submit the required college 

credit card marketing agreements and 

data into Collect. 

File Format 

College credit card marketing 

agreements submitted through Collect 

must be in the PDF file format, and must 

be text-searchable, digitally created 

PDFs, except where noted in the 

Bureau’s compliance resources. For 

documents that must be text-searchable, 

these files should not be scanned 

documents, otherwise known as ‘‘imageonly’’ PDFs, as these are not textsearchable. For questions about file 

formats, please contact the Bureau at 

Collect_Support@cfpb.gov. 

Compliance Resources 

For college credit card marketing 

agreement and data submissions that 

must be made under 12 CFR 1026.57, 

the Bureau is developing compliance 

resources to assist issuers in using 

Collect, including a user guide, a quick 

reference guide, frequently asked 

questions, and a webinar. These 

resources will be available on the 

Bureau’s website at a later date. For 

technical assistance regarding these 

submissions, issuers can contact the 

Bureau at Collect_Support@cfpb.gov. 

III. Legal Authority 

The Bureau is issuing this rule 

pursuant to its authority under section 

1022(b)(1) of the Dodd-Frank Act, which 

authorizes the Bureau to prescribe rules 

as may be necessary or appropriate to 

enable the Bureau to administer and 

carry out the purposes and objectives of 

Federal consumer financial law.47 The 

Bureau is also issuing this rule pursuant 

to TILA sections 105(a) 48 and 

122(d)(5).49 TILA section 105(a) 

authorizes the Bureau to prescribe 

regulations to carry out the purposes of 

TILA. TILA section 122(d)(5), regarding 

credit card agreements, authorizes the 

Bureau to promulgate regulations to 

implement section 122(d). 

IV. Regulatory Requirements 

The Bureau has concluded that these 

technical specifications constitute a rule 

of agency organization, procedure, or 

practice exempt from the notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

(APA), pursuant to 5 U.S.C. 553(b). 

Because the procedural rule relates 

solely to agency procedure and practice, 

it is not substantive, and therefore is not 

subject to the 30-day delayed effective 

date for substantive rules under section 

553(d) of the APA. Because no notice of 

proposed rulemaking is required, the 

Regulatory Flexibility Act does not 

require an initial or final regulatory 

flexibility analysis. 

V. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA),50 Federal agencies are 

generally required to seek Office of 

Management and Budget (OMB) 

approval for information collection 

requirements prior to implementation. 

Under the PRA, the Bureau may not 

conduct or sponsor and, 

notwithstanding any other provision of 

law, a person is not required to respond 

to an information collection unless the 

information collection displays a valid 

control number assigned by OMB. The 

collections of information related to this 

rule have been previously reviewed and 

approved by OMB and assigned OMB 

Control Numbers 3170–0001 and 3170– 

0052. The Bureau has determined that 

these technical specifications do 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 by OMB 

under the PRA. Rather, the Bureau 

estimates that these specifications will 

slightly reduce the cost burden for 

covered entities compared to existing 

submission practices. 

VI. Signing Authority 

The Acting Director of the Bureau, 

David Uejio, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Laura Galban, a Bureau 

Federal Register Liaison, for purposes of 

publication in the Federal Register. 


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46958 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

Dated: August 18, 2021. 

Laura Galban, 

Federal Register Liaison, Bureau of Consumer 

Financial Protection. 

[FR Doc. 2021–17994 Filed 8–20–21; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2020–0893; Special 

Conditions No. 25–790–SC] 

Special Conditions: Pro Star Aviation 

LLC, Bombardier Model CL–600–2B16 

Airplanes; Installation of an Infrared 

Laser Countermeasure System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Bombardier Model CL– 

600–2B16 (Bombardier) airplane. This 

airplane, as modified by Pro Star 

Aviation LLC (Pro Star Aviation), will 

have a novel or unusual design feature 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. This design feature 

is a system that emits infrared laser 

energy outside the aircraft as a 

countermeasure against heat-seeking 

missiles. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: Effective September 22, 2021. 

FOR FURTHER INFORMATION CONTACT: Eric 

Peterson, Safety Risk Management 

Section, AIR–633, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3413; email 

Eric.M.Peterson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 7, 2018, Pro Star 

Aviation applied for a supplemental 

type certificate to install a ‘‘Large 

Aircraft Infrared Countermeasure 

(LAIRCM)’’ system, which directs 

infrared laser energy toward heatseeking missiles, on the Bombardier 

Model CL–600–2B16 airplane. This 

airplane, which is a derivative of the 

Bombardier Model CL–600 series 

airplanes currently approved under 

Type Certificate No. A21EA, is a twinengine business jet with seating for 20 

passengers and two crewmembers, and 

a maximum takeoff weight of 47,600 

pounds. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Pro Star Aviation must show that the 

Bombardier Model CL–600–2B16 

airplane, as changed, continues to meet 

the applicable provisions of the 

regulations listed in Type Certificate No. 

A21EA, or the applicable regulations in 

effect on the date of application for the 

change, except for earlier amendments 

as agreed upon by the FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(e.g., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Bombardier Model CL–600–2B16 

airplane because of a novel or unusual 

design feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design feature, 

these special conditions would also 

apply to the other model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Bombardier Model CL– 

600–2B16 airplane must comply with 

the fuel-vent and exhaust-emission 

requirements of 14 CFR part 34, and the 

noise-certification requirements of 14 

CFR part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The Bombardier Model CL–600–2B16 

airplane, as modified by Pro Star 

Aviation, will incorporate the following 

novel or unusual design feature: 

A system that emits infrared laser 

energy outside the aircraft. 

Discussion 

In recent years, in several incidents 

abroad, civilian aircraft were fired upon 

by man-portable air defense systems 

(MANPADS). This has led several 

companies to design and adapt systems 

like LAIRCM for installation on civilian 

aircraft, to protect those aircraft against 

heat-seeking missiles. Pro Star 

Aviation’s LAIRCM system directs 

infrared laser energy toward an 

incoming missile, in an effort to 

interrupt the missile’s tracking of the 

aircraft’s heat. 

Infrared laser energy can pose a 

hazard to persons on the aircraft, on the 

ground, and on other aircraft. The risk 

is heightened because infrared light is 

invisible to the human eye. Human 

exposure to infrared laser energy can 

result in eye and skin damage, and 

affect a flight crew’s ability to control 

the aircraft. Infrared laser energy can 

also affect other aircraft, whether 

airborne or on the ground, and property, 

such as fuel trucks and airport 

equipment, in a manner that adversely 

affects aviation safety. 

FAA design standards for transport 

category airplanes did not envisage that 

a design feature could project infrared 

laser energy outside the airplane. The 

FAA’s design standards are inadequate 

to address this capability. Therefore, 

this system is a novel or unusual design 

feature, and the FAA has developed 

these special conditions to establish a 

level of safety equivalent to that of the 

regulations. 

Special conditions are also warranted, 

per 14 CFR 21.16, because FAA design 

standards are inappropriate for this 

design feature. 14 CFR 25.1301 requires 

installed equipment to be of a design 

that is appropriate for its intended 

function. The FAA has no basis to 

determine whether this LAIRCM system 

will successfully perform its intended 

function of thwarting heat-seeking 

missiles. 

Ground Activation. Condition 1 

requires the design to have means to 

prevent inadvertent operation of the 

system while the airplane is on the 

ground, including during maintenance. 

These means must identify and address 

all foreseeable failure modes that may 

result in inadvertent operation. These 

modes include errors in airplane 

maintenance and operating procedures, 

such as erroneously setting the system 

to ‘‘air’’ mode while the airplane is on 

the ground. The applicant could show 

such failure modes, their risks, and how 

they will be addressed, by conducting 

safety assessments and incorporating 

prevention strategies into the design. 

In-Flight Activation. Condition 2 

requires that the system be designed so 

that in-flight operation does not result 

in damage to the airplane or to other 

aircraft, or injury to any person. To 

account for these effects, the applicant’s 

analysis should include effects from the 

system’s erroneous operation, from 

system failures, and from failures that 

may not be readily detectable prior to 


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