41246 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

29 15 U.S.C. 1681b(f). As noted above, FCRA 

section 607(a) requires that a consumer reporting 

agency must, among other things, require that 

prospective users of consumer reports ‘‘certify the 

purposes for which the information is sought, and 

certify that the information will be used for no other 

purpose.’’ 15 U.S.C. 1681e(a). 

30Consumer Credit Reporting Reform Act of 

1996, Public Law 104–208, Div. A, tit. II, sec. 2404. 

31See, e.g., Blumenfeld v. Regions Bank, No. 

4:16–CV–01652–ACA, 2018 WL 4216369, at *5 

(N.D. Ala. 2018) (holding that ‘‘[FCRA section 

604(f)] does not incorporate the ‘reason to believe’ 

language from [FCRA section 604(a)],’’ and noting 

that the opinion in Korotki v. Att’y Servs. Corp. Inc., 

931 F. Supp. 1269, 1276 (D. Md. 1996) (applying 

section 604(a)(3)’s ‘‘reason to believe’’ standard to 

users), was decided prior to the 1996 amendments 

to the FCRA that added section 604(f)). 

32Pursuant to FCRA sections 616 and 617, a 

person is civilly liable to a consumer for violations 

of section 604(f) if they have negligently or willfully 

failed to comply with the requirement. 15 U.S.C. 

1681n, 1681o. 

33 In re State Farm Bank, FSB, 2018–CFPB–0009, 

at ¶¶ 17–19 (Dec. 6, 2018), https://

files.consumerfinance.gov/f/documents/bcfp_statefarm-bank_consent-order.pdf. 

34 Id. 

35 Dodd-Frank Wall Street Reform and Consumer 

Protection Act, Public Law 111–203, 124 Stat. 1376 

(2010). 

36 12 U.S.C. 5512(b)(1). 

37 5 U.S.C. 553(b). 

38 5 U.S.C. 603(a), 604(a). 

39 4 U.S.C. 3501–3521. 

40 5 U.S.C. 801 et seq. 

failure to have a reason to believe that 

a user has a permissible purpose for a 

consumer report provided pursuant to 

FCRA section 604(a)(3). A disclaimer 

does not change the fact that the 

consumer reporting company has failed 

to satisfy the requirements of 604(a)(3) 

and has provided a consumer report 

about a consumer to a person lacking a 

permissible purpose with respect to that 

consumer. 

2. FCRA Section 604(f) 

FCRA section 604(f) prohibits a 

person from using or obtaining a 

consumer report ‘‘unless . . . the 

consumer report is obtained for a 

purpose for which the consumer report 

is authorized to be furnished under 

[FCRA section 604]’’ and ‘‘the purpose 

is certified in accordance with FCRA 

section 607 by a prospective user of the 

report through a general or specific 

certification.’’ 29 Congress amended the 

FCRA to include section 604(f) in 

September 1996.30 Before the 1996 

amendments, FCRA section 604 did not 

impose limitations on users of consumer 

reports, only on consumer reporting 

agencies. The Bureau interprets FCRA 

section 604(f) to provide that consumer 

report users are strictly prohibited from 

using or obtaining consumer reports 

without a permissible purpose. 

Although some courts have applied a 

‘‘reason to believe’’ standard for persons 

using or obtaining a consumer report, as 

at least one court has noted, the opinion 

most commonly cited in support of this 

standard was decided before the 1996 

amendments.31 Based on its plain 

language, the 1996 addition of FCRA 

section 604(f) clearly imposes a strict 

prohibition on using or obtaining a 

consumer report without a permissible 

purpose.32

Users of consumer reports must 

ensure that they do not violate 

consumer privacy by obtaining 

consumer reports when they lack a 

permissible purpose for doing so. For 

example, in 2018 a company settled 

Bureau allegations that it violated FCRA 

section 604(f) when its agents obtained 

consumer reports for consumers who 

were not seeking an extension of credit 

from the company and the company had 

no other permissible purpose for the 

consumer reports it obtained.33 In some 

instances, for example, the company’s 

agents initiated credit applications for 

the wrong consumer by incorrectly 

inputting consumer information into the 

company’s application system or by 

selecting the wrong consumer from a list 

of possible consumers identified in the 

system. When these applications were 

initiated in error, the company obtained 

a consumer report for a consumer with 

respect to which it had no permissible 

purpose, violating the FCRA’s 

permissible purpose provisions and the 

privacy of the consumers that were the 

subject of those reports, and also 

generating an inquiry on the consumers’ 

credit reports.34

II. Regulatory Matters 

This advisory opinion is an 

interpretive rule issued under the 

Bureau’s authority to interpret the 

FCRA, including under section 

1022(b)(1) of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act,35 which authorizes guidance as 

may be necessary or appropriate to 

enable the Bureau to administer and 

carry out the purposes and objectives of 

Federal consumer financial laws.36

As an interpretive rule, this advisory 

opinion is exempt from the notice-andcomment rulemaking requirements of 

the Administrative Procedure Act.37

Because no notice of proposed 

rulemaking is required, the Regulatory 

Flexibility Act does not require an 

initial or final regulatory flexibility 

analysis.38 The Bureau has also 

determined that this advisory opinion 

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 approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act.39

Pursuant to the Congressional Review 

Act,40 the Bureau will submit a report 

containing this interpretive rule 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 interpretive 

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

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

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2022–14823 Filed 7–11–22; 8:45 am] 

BILLING CODE 4810–AM–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

Fees for Reviews of the Rule 

Enforcement Programs of Designated 

Contract Markets and Registered 

Futures Associations; Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notification of 2021 schedule of 

fees; correction. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission) is 

correcting a document published in the 

Federal Register on June 17, 2022. The 

document contained incorrect assessed 

fee data for four of the entities in Table 

2. This document corrects the data 

contained in those inaccurate sixteen 

cells in Table 2. 

DATES: Each self-regulatory organization 

is required to remit electronically the 

applicable fee on or before August 16, 

2022. 

FOR FURTHER INFORMATION CONTACT: Joel 

Mattingley, Chief Financial Officer, 

Commodity Futures Trading 

Commission; (202) 418–5310; Three 

Lafayette Centre, 1155 21st Street NW, 

Washington, DC 20581; jmattingley@

cftc.gov. For information on electronic 

payments, contact Jennifer Fleming; 

(202) 418–5034; jfleming@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

Correction 

In FR Rule Doc. 2022–13141, 

appearing on page 36409 in the Federal 

Register of Friday, June 17, 2022, Table 

2—Schedule of Fees is corrected to read 

as follows: 


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Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 41247 

TABLE 2—SCHEDULE OF FEES

3-Year 

average 

actual costs 

3-Year 

total 

volume 

(%) 

Adjusted 

volume 

costs 

2021 

assessed fee 

Cantor Futures Exchange, L.P ........................................................................ $26,418 0.03 $13,319 $13,319 

CBOE Futures Exchange, LLC ....................................................................... 26,625 1.24 17,482 17,482 

Chicago Board of Trade .................................................................................. 27,058 33.31 125,158 27,058 

Chicago Mercantile Exchange, Inc .................................................................. 293,282 42.97 290,666 290,666

Eris Exchange, LLC ......................................................................................... 11,057 0.00 5,540 5,540 

ICE Futures U.S., Inc ...................................................................................... 105,620 6.59 74,885 74,885 

Minneapolis Grain Exchange, Inc .................................................................... 13,321 0.05 6,813 6,813 

Nasdaq OMX Futures Exchange, Inc .............................................................. 37,051 0.27 19,444 19,444 

New York Mercantile Exchange/Commodity Exchange, Inc ........................... 49,377 15.11 75,328 49,377 

Nodal Exchange, LLC ...................................................................................... 11,825 0.08 6,180 6,180 

North American Derivatives Exchange, Inc ..................................................... 48,248 0.21 24,844 24,844 

OneChicago, LLC Futures Exchange .............................................................. 20,425 0.13 10,648 10,648 

Subtotal ..................................................................................................... 670,307 100.00 670,307 546,255 

National Futures Association ........................................................................... 538,738 ........................ ........................ 538,738 

Total .......................................................................................................... 1,209,044 100.00 670,307 1,084,993 

Columns may not add due to rounding. 

Issued in Washington, DC, on this 7th day 

of July, 2022, by the Commission. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2022–14820 Filed 7–11–22; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–USCG–2022–0592] 

Special Local Regulation; Poquoson 

Seafood Festival Workboat Races; 

Back River, Poquoson, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a special local regulation for the 

Poquoson Seafood Festival Workboat 

Races on the Back River, VA, on 

September 18, 2022, to provide for the 

safety of life on navigable waterways 

during this event. Coast Guard 

regulations for marine events within the 

Fifth Coast Guard District identifies the 

regulated area for this event in 

Poquoson, VA. During the enforcement 

periods, the operator of any vessel in the 

regulated area must comply with 

directions from the Patrol Commander 

or local law enforcement vessel 

approved by the Captain of the Port 

(COTP). 

DATES: The regulations in 33 CFR 

100.501 will be enforced for the location 

identified for the Poquoson Seafood 

Festival Workboat Races in table 3 to 

paragraph (i)(3) to § 100.501 from 10 

a.m. until 6 p.m. on September 18, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LCDR Ashley Holm, Chief, 

Waterways Management Division, 

Sector Virginia, U.S. Coast Guard; 

telephone 757–668–5580; email 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation in 33 CFR 100.501 for the 

Poquoson Seafood Festival Workboat 

Races from 10 a.m. to 6 p.m. on 

September 18, 2022. This action is being 

taken to provide for the safety of life on 

navigable waterways during this event. 

Our regulation for marine events within 

the Fifth Coast Guard District, § 100.501, 

specifies the location of the regulated 

area for the Poquoson Seafood Festival 

Workboat Races which encompasses 

portions of the Back River. During the 

enforcement periods, if you are the 

operator of a vessel in the regulated area 

you must comply with directions from 

the Patrol Commander or local law 

enforcement vessel approved by the 

COTP. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

Broadcast Notice to Mariners. 

Dated: July 6, 2022. 

Jennifer A. Stockwell, 

Captain, U.S. Coast Guard, Captain of the 

Port Virginia. 

[FR Doc. 2022–14770 Filed 7–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2022–0571] 

Special Local Regulations; Columbia 

River Cross Channel Swim, Columbia 

River, Pasco, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the 3 Rivers 

Road Runners Columbia River Cross 

Channel Swim September 10, 2022, to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation for marine events within 

the Thirteenth Coast Guard District 

identifies the regulated area for this 

event in Pasco, WA. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any official patrol vessel. 

Official patrol vessels may consist of 

any Coast Guard, Coast Guard Auxiliary, 

state, or local law enforcement vessels 

assigned or approved by the Captain of 

the Port, Sector Columbia River. 


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