This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

48463 

Vol. 82, No. 200 

Wednesday, October 18, 2017 

1 81 FR 72160 (Oct. 19, 2016). 

2The Bureau is addressing in a separate interim 

final rule another disclosure timing provision of the 

2016 Mortgage Servicing Final Rule that would 

otherwise become effective October 19, 2017. 

3The provisions of Regulation Z discussed herein 

were amended by the 2016 Mortgage Servicing 

Final Rule but are not effective until April 19, 2018. 

To simplify review of this document and 

differentiate between those amendments and this 

proposed rule, this document generally refers to the 

2016 amendments as though they already are in 

effect. 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1026 

[Docket No. CFPB–2017–0030] 

RIN 3170–AA75 

Mortgage Servicing Rules Under the 

Truth in Lending Act (Regulation Z) 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Proposed rule with request for 

public comment. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is 

proposing amendments to certain 

Regulation Z mortgage servicing rules 

issued in 2016 relating to the timing for 

servicers to transition to providing 

modified or unmodified periodic 

statements and coupon books in 

connection with a consumer’s 

bankruptcy case. The Bureau requests 

public comment on these proposed 

changes. 

DATES: Comments must be received on 

or before November 17, 2017. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2017– 

0030 or RIN 3170–AA75, by any of the 

following methods: 

• Email: FederalRegisterComments@

cfpb.gov. Include Docket No. CFPB– 

2017–0030 or RIN 3170–AA75 in the 

subject line of the email. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Monica Jackson, Office of the 

Executive Secretary, Consumer 

Financial Protection Bureau, 1700 G 

Street NW., Washington, DC 20552. 

• Hand Delivery/Courier: Monica 

Jackson, Office of the Executive 

Secretary, Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 20552. 

Instructions: All submissions should 

include the agency name and docket 

number or Regulatory Information 

Number (RIN) for this rulemaking. 

Because paper mail in the Washington, 

DC area and at the Bureau is subject to 

delay, commenters are encouraged to 

submit comments electronically. In 

general, all comments received will be 

posted without change to http://

www.regulations.gov. In addition, 

comments will be available for public 

inspection and copying at 1700 G Street 

NW., Washington, DC 20552, on official 

business days between the hours of 

10 a.m. and 5:00 p.m. Eastern Time. You 

can make an appointment to inspect the 

documents by telephoning 202–435– 

7275. 

All comments, including attachments 

and other supporting materials, will 

become part of the public record and 

subject to public disclosure. Sensitive 

personal information, such as account 

numbers or Social Security numbers, 

should not be included. Comments will 

not be edited to remove any identifying 

or contact information. 

FOR FURTHER INFORMATION CONTACT: Joel 

L. Singerman, Counsel; or William R. 

Corbett or Laura A. Johnson, Senior 

Counsels, Office of Regulations, at 202– 

435–7700 or https://

reginquiries.consumerfinance.gov/. 

SUPPLEMENTARY INFORMATION: 

I. Summary of the Proposed Rule 

On August 4, 2016, the Bureau issued 

the Amendments to the 2013 Mortgage 

Rules Under the Real Estate Settlement 

Procedures Act (Regulation X) and the 

Truth in Lending Act (Regulation Z) 

(2016 Mortgage Servicing Final Rule) 

amending certain of the Bureau’s 

mortgage servicing rules.1 The Bureau 

has learned, through its outreach in 

support of industry’s implementation of 

the 2016 Mortgage Servicing Final Rule, 

that certain technical aspects of the rule 

relating to the timing for servicers to 

transition to providing modified or 

unmodified periodic statements and 

coupon books in connection with a 

consumer’s bankruptcy case may create 

unintended challenges in 

implementation. To alleviate any 

unintended challenges, the Bureau is 

proposing to address the timing 

provisions in this proposed rule.2

Among other things, the 2016 

Mortgage Servicing Final Rule addresses 

Regulation Z’s periodic statement and 

coupon book requirements when a 

person is a debtor in bankruptcy.3 It 

includes a single-billing-cycle 

exemption from the requirement to 

provide a periodic statement or coupon 

book in certain circumstances after one 

of several specific triggering events 

occurs resulting in a servicer needing to 

transition to or from providing 

bankruptcy-specific disclosures. The 

single-billing-cycle exemption applies 

only if the payment due date for that 

billing cycle is no more than 14 days 

after the triggering event. The 2016 

Mortgage Servicing Final Rule also 

includes specific timing requirements 

for servicers to provide the next 

modified or unmodified statement or 

coupon book after the single-billingcycle exemption has applied. 

Based on feedback received regarding 

implementation of the 2016 Mortgage 

Servicing Final Rule, the Bureau 

understands that certain aspects of the 

single-billing-cycle exemption and 

timing requirements may be more 

complex and operationally challenging 

than the Bureau realized, and that the 

relevant provisions may be subject to 

different interpretations, as discussed 

more below. The Bureau is therefore 

proposing several revisions to 

§ 1026.41(e)(5)(iv)(B) and (C) and their 

official interpretations to replace the 

single-billing-cycle exemption with a 

single-statement exemption. The Bureau 

is proposing to revise 

§ 1026.41(e)(5)(iv)(B) and its related 

commentary to provide a singlestatement exemption for the next 

periodic statement or coupon book that 

a servicer would otherwise have to 

provide, regardless of when in the 

billing cycle the triggering event occurs. 

The Bureau is also proposing to add 

new comments 41(e)(5)(iv)(B)–1 through 

–3 to clarify the operation of the 

proposed single-statement exemption. 

The Bureau is proposing to remove 

§ 1026.41(e)(5)(iv)(C) and its related 

commentary as no longer necessary in 

light of the changes to 

§ 1026.41(e)(5)(iv)(B) and its related 

commentary. 


ethrower on DSK3G9T082PROD with PROPOSALS
48464 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Proposed Rules 

4 81 FR 72160 (Oct. 19, 2016). The amendments 

cover nine major topics and focus primarily on 

clarifying, revising, or amending provisions 

regarding force-placed insurance notices, policies 

and procedures, early intervention, and loss 

mitigation requirements under Regulation X’s 

servicing provisions; and prompt crediting and 

periodic statement requirements under Regulation 

Z’s servicing provisions. The amendments also 

address proper compliance regarding certain 

servicing requirements when a person is a potential 

or confirmed successor in interest, is a debtor in 

bankruptcy, or sends a cease communication 

request under the FDCPA. 

5Amendments to the 2013 Mortgage Rules Under 

the Real Estate Settlement Procedures Act 

(Regulation X) and the Truth in Lending Act 

(Regulation Z); Correction, 82 FR 30947 (July 5, 

2017). 

6Policy Guidance on Supervisory and 

Enforcement Priorities Regarding Early Compliance 

With the 2016 Amendments to the 2013 Mortgage 

Rules Under the Real Estate Settlement Procedures 

Act (Regulation X) and the Truth in Lending Act 

(Regulation Z), 82 FR 29713 (June 30, 2017). 7Public Law 111–203, 1245 Stat. 11376 (2010). 

The Bureau believes that these 

proposed changes would provide a 

clearer and more straightforward 

standard than the timing requirement 

adopted in the 2016 Mortgage Servicing 

Final Rule, offering greater certainty for 

implementation and compliance, 

without unnecessarily disadvantaging 

consumers. The Bureau seeks public 

comment on these proposed changes. 

II. Background 

A. 2016 Mortgage Servicing Final Rule 

and Implementation Support 

In August 2016, the Bureau issued the 

2016 Mortgage Servicing Final Rule, 

which amends certain of the Bureau’s 

mortgage servicing rules in Regulations 

X and Z.4 Most of these rules become 

effective on October 19, 2017, except 

that the provisions relating to 

bankruptcy periodic statements and 

successors in interest become effective 

on April 19, 2018. The Bureau has 

worked to support implementation by 

providing an updated compliance guide, 

other implementation aids, a technical 

corrections final rule,5 policy guidance 

regarding early compliance,6 and 

informal guidance in response to 

regulatory inquiries. Information 

regarding the Bureau’s implementation 

support initiative and available 

implementation resources can be found 

on the Bureau’s regulatory 

implementation Web site at https://

www.consumerfinance.gov/policycompliance/guidance/implementationguidance/mortserv/. Based on its 

ongoing outreach, the Bureau believes 

that industry has made substantial 

implementation progress regarding the 

2016 Mortgage Servicing Final Rule. 

However, the Bureau believes that a 

limited disclosure timing provision 

under Regulation Z from the 2016 

Mortgage Servicing Final Rule may pose 

unintended implementation challenges 

as discussed herein. 

B. Purpose and Scope of Proposal 

As a result of feedback and questions 

received from servicers, the Bureau has 

decided to propose amendments to 

Regulation Z provisions relating to the 

timing for servicers to transition to 

providing modified or unmodified 

periodic statements and coupon books 

under Regulation Z in connection with 

a consumer’s bankruptcy case. The 

Bureau believes the proposal provides 

clearer and more straightforward 

standards than the timing requirements 

adopted in the 2016 Mortgage Servicing 

Final Rule, offering greater certainty for 

implementation and compliance, 

without unnecessarily disadvantaging 

consumers. 

The Bureau does not intend to revisit 

major policy decisions in this 

rulemaking or distract from industry’s 

implementation efforts, which the 

Bureau believes have been moving 

forward. The Bureau continues to 

facilitate industry’s implementation 

progress, including by responding to 

informal guidance inquiries and 

publishing additional implementation 

materials, as appropriate. 

III. Legal Authority 

The Bureau is proposing this rule 

pursuant to its authority under TILA 

and the Dodd-Frank Wall Street Reform 

and Consumer Protection Act (DoddFrank Act),7 including the authorities 

discussed below. In general, the 

provisions this proposed rule would 

amend were previously adopted by the 

Bureau in the 2016 Mortgage Servicing 

Final Rule. In doing so, the Bureau 

relied on one or more of the authorities 

discussed below, as well as other 

authority. The Bureau is issuing this 

proposed rule in reliance on the same 

authority and for the same reasons 

relied on in adopting the relevant 

provisions of the 2016 Mortgage 

Servicing Final Rule, as discussed in 

detail in the Legal Authority and 

Section-by-Section Analysis parts of the 

2016 Mortgage Servicing Final Rule. 

A. TILA 

Section 105(a) of TILA, 15 U.S.C. 

1604(a), authorizes the Bureau to 

prescribe regulations to carry out the 

purposes of TILA. Under section 105(a), 

such regulations may contain such 

additional requirements, classifications, 

differentiations, or other provisions, and 

may provide for such adjustments and 

exceptions for all or any class of 

transactions, as in the judgment of the 

Bureau are necessary or proper to 

effectuate the purposes of TILA, to 

prevent circumvention or evasion 

thereof, or to facilitate compliance 

therewith. Under section 102(a), 15 

U.S.C. 1601(a), the purposes of TILA are 

‘‘to assure a meaningful disclosure of 

credit terms so that the consumers will 

be able to compare more readily the 

various credit terms available and avoid 

the uninformed use of credit’’ and to 

protect consumers against inaccurate 

and unfair credit billing practices. For 

the reasons discussed in this proposal, 

the Bureau is proposing to adopt 

amendments to Regulation Z to carry 

out TILA’s purposes and such 

additional requirements, adjustments, 

and exceptions as, in the Bureau’s 

judgment, are necessary and proper to 

carry out the purposes of TILA, prevent 

circumvention or evasion thereof, or to 

facilitate compliance therewith. 

Section 105(f) of TILA, 15 U.S.C. 

1604(f), authorizes the Bureau to exempt 

from all or part of TILA any class of 

transactions if the Bureau determines 

that TILA coverage does not provide a 

meaningful benefit to consumers in the 

form of useful information or protection. 

For the reasons discussed in this 

document, the Bureau is proposing 

amendments relating to exemptions for 

certain transactions from the 

requirements of TILA pursuant to its 

authority under section 105(f) of TILA. 

This proposed rule also includes 

amendments to the official Bureau 

commentary in Regulation Z. Good faith 

compliance with the interpretations 

would afford protection from liability 

under section 130(f) of TILA. 

B. The Dodd-Frank Act 

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

Act, 12 U.S.C. 5512(b)(1), 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 the Federal 

consumer financial laws, and to prevent 

evasions thereof.’’ TILA and title X of 

the Dodd-Frank Act are Federal 

consumer financial laws. 

Section 1032(a) of the Dodd-Frank 

Act, 12 U.S.C. 5532(a), provides that the 

Bureau ‘‘may prescribe rules to ensure 

that the features of any consumer 

financial product or service, both 

initially and over the term of the 

product or service, are fully, accurately, 

and effectively disclosed to consumers 

in a manner that permits consumers to 

understand the costs, benefits, and risks 

associated with the product or service, 

in light of the facts and circumstances.’’ 

The authority granted to the Bureau in 

section 1032(a) of the Dodd-Frank Act is 

broad and empowers the Bureau to 


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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Proposed Rules 48465 

8Section 1026.41(e)(5)(i) states that a servicer is 

generally exempt from the requirements of 

§ 1026.41 with regard to a mortgage loan if (A) any 

consumer on the mortgage loan is a debtor in 

bankruptcy under title 11 of the United States Code 

or has discharged personal liability for the mortgage 

loan pursuant to 11 U.S.C. 727, 1141, 1228, or 1328; 

and (B) with regard to any consumer on the 

mortgage loan: (1) The consumer requests in writing 

that the servicer cease providing a periodic 

statement or coupon book; (2) the consumer’s 

bankruptcy plan provides that the consumer will 

surrender the dwelling securing the mortgage loan, 

provides for the avoidance of the lien securing the 

mortgage loan, or otherwise does not provide for, 

as applicable, the payment of pre-bankruptcy 

arrearage or the maintenance of payments due 

under the mortgage loan; (3) a court enters an order 

in the bankruptcy case providing for the avoidance 

of the lien securing the mortgage loan, lifting the 

automatic stay pursuant to 11 U.S.C. 362 with 

regard to the dwelling securing the mortgage loan, 

or requiring the servicer to cease providing a 

periodic statement or coupon book; or (4) the 

consumer files with the court overseeing the 

bankruptcy case a statement of intention pursuant 

to 11 U.S.C. 521(a) identifying an intent to 

surrender the dwelling securing the mortgage loan 

and a consumer has not made any partial or 

periodic payment on the mortgage loan after the 

commencement of the consumer’s bankruptcy case. 

9See 81 FR 72160, 72325 (Oct. 19, 2016). 

10See generally id. at 72324–26. 

prescribe rules regarding the disclosure 

of the ‘‘features’’ of consumer financial 

products and services generally. 

Accordingly, the Bureau may prescribe 

rules containing disclosure 

requirements even if other Federal 

consumer financial laws do not 

specifically require disclosure of such 

features. 

Section 1032(c) of the Dodd-Frank 

Act, 12 U.S.C. 5532(c), provides that, in 

prescribing rules pursuant to section 

1032 of the Dodd-Frank Act, the Bureau 

‘‘shall consider available evidence about 

consumer awareness, understanding of, 

and responses to disclosures or 

communications about the risks, costs, 

and benefits of consumer financial 

products or services.’’ Accordingly, in 

proposing to amend provisions 

authorized under section 1032(a) of the 

Dodd-Frank Act, the Bureau has 

considered available studies, reports, 

and other evidence about consumer 

awareness, understanding of, and 

responses to disclosures or 

communications about the risks, costs, 

and benefits of consumer financial 

products or services. 

IV. Proposed Effective Date 

Regulation Z § 1026.41(e)(5), as 

amended by the 2016 Mortgage 

Servicing Final Rule, becomes effective 

April 19, 2018. The Bureau is not 

proposing to extend the effective date of 

that provision, as finalized in the 2016 

Mortgage Servicing Final Rule, because 

if the Bureau were to issue a final rule 

based on this proposal (after considering 

comments), it expects to do so 

sufficiently before the April 19, 2018, 

effective date to enable servicers to meet 

that date. 

Thus, the Bureau is proposing an 

effective date of April 19, 2018, for the 

proposed revisions to 

§ 1026.41(e)(5)(iv). The Bureau believes 

that the proposed revisions should not 

require substantial reprogramming of 

systems and notes that the Regulation Z 

bankruptcy-specific periodic statement 

requirements otherwise become 

effective April 19, 2018. The Bureau 

invites comment on the proposed 

effective date. 

V. Section-by-Section Analysis 

Section 1026.41 Periodic Statements 

for Residential Mortgage Loans 

41(e) Exemptions 

41(e)(5) Certain Consumers in 

Bankruptcy 

41(e)(5)(iv) Timing of Compliance 

Following Transition 

The Bureau is proposing to revise 

§ 1026.41(e)(5)(iv)(B) and related 

commentary, and to remove 

§ 1026.41(e)(5)(iv)(C) and related 

commentary. Section 

1026.41(e)(5)(iv)(B) sets forth a singlebilling-cycle exemption from the 

requirement to provide a periodic 

statement or coupon book in certain 

circumstances after one of several 

specific triggering events occurs 

resulting in a servicer needing to 

transition to or from providing 

bankruptcy-specific disclosures. The 

single-billing-cycle exemption applies 

only if the payment due date for that 

billing cycle is no more than 14 days 

after the triggering event. The Bureau is 

proposing to revise § 1026.41(e)(5)(iv)(B) 

to instead provide a single-statement 

exemption for the next periodic 

statement or coupon book that a servicer 

would otherwise have to provide, 

regardless of when in the billing cycle 

the triggering event occurs. Section 

1026.41(e)(5)(iv)(C) establishes timing 

requirements for resuming compliance 

after the single-billing-cycle exemption. 

The Bureau is proposing to remove 

§ 1026.41(e)(5)(iv)(C) and its related 

commentary because proposed revisions 

to comment 41(e)(5)(iv)(B)–1 would 

clarify the timing of the single-statement 

exemption and when a servicer must 

resume compliance. The Bureau is also 

proposing to add new comments 

41(e)(5)(iv)(B)–2 and –3 to clarify how 

the proposed single-statement 

exemption would operate in specific 

circumstances. Proposed comment 

41(e)(5)(iv)(B)–2 is similar in content to 

comment 41(e)(5)(iv)(C)–3. 

Under existing § 1026.41(a)(2), a 

servicer generally must provide a 

consumer, for each billing cycle, a 

periodic statement meeting certain 

requirements. Existing § 1026.41(e)(5) 

provides a blanket exemption from 

§ 1026.41 for a mortgage loan while a 

consumer is a debtor in bankruptcy 

under title 11 of the United States Code. 

The 2016 Mortgage Servicing Final 

Rule, however, generally limits this 

exemption to only certain consumers in 

bankruptcy.8 When a consumer either is 

a debtor in bankruptcy under title 11 of 

the United States Code or has 

discharged personal liability for the 

mortgage loan pursuant to 11 U.S.C. 

727, 1141, 1228, or 1328, so long as an 

exemption under § 1026.41(e) does not 

otherwise apply, the 2016 Mortgage 

Servicing Final Rule requires a servicer 

to provide a periodic statement or 

coupon book with certain bankruptcyspecific modifications. In this 

circumstance, a servicer must transition 

from providing unmodified periodic 

statements or coupon books to 

providing periodic statements or 

coupon books with bankruptcy 

modifications. Similarly, when a 

consumer exits bankruptcy, a servicer 

generally must transition back to 

providing unmodified periodic 

statements or coupon books. 

During the rulemaking process 

leading up to the 2016 Mortgage 

Servicing Final Rule, the Bureau learned 

that, after a consumer files for or exits 

bankruptcy, servicers sometimes need 

time to transition their systems to reflect 

the change in bankruptcy status. 

Industry representatives suggested that 

the rule should afford a servicer enough 

time to transition to providing modified 

statements after a consumer’s 

bankruptcy filing.9 The Bureau therefore 

finalized a single-billing-cycle 

exemption in the 2016 Mortgage 

Servicing Final Rule.10 Section 

1026.41(e)(5)(iv)(B) provides that a 

servicer is exempt from the 

requirements of § 1026.41 with respect 

to a single billing cycle when the 

payment due date for that billing cycle 

is no more than 14 days after the date 

on which one of the three triggering 

events listed under 

§ 1026.41(e)(5)(iv)(A) occurs: (1) A 

mortgage loan becomes subject to the 

requirement to provide a modified 

periodic statement; (2) a mortgage loan 

ceases to be subject to the requirement 

to provide a modified periodic 

statement; or (3) the servicer ceases to 

qualify for an exemption pursuant to 

§ 1026.41(e)(5)(i). Section 

1026.41(e)(5)(iv)(C) sets forth the 

timeframe within which a servicer must 


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48466 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Proposed Rules 

11Section 1026.41(e)(5)(iv)(C) provides that, 

when one of the triggering events listed in 

§ 1026.41(e)(5)(iv)(A) occurs, a servicer must 

provide the next modified or unmodified periodic 

statement by delivering it or placing it in the mail 

within a reasonably prompt time after the first 

payment due date, or the end of any courtesy period 

for the payment’s corresponding billing cycle, that 

is more than 14 days after the date on which the 

applicable event listed in § 1026.41(e)(5)(iv)(A) 

occurs. 

provide the next periodic statement 

after an event listed in 

§ 1026.41(e)(5)(iv)(A) occurs.11

In the preamble to the 2016 Mortgage 

Servicing Final Rule, the Bureau stated 

its belief that the exemption and timing 

set forth in § 1026.41(e)(5)(iv) provide 

an appropriate transition period for a 

servicer while also not unnecessarily 

disadvantaging consumers. However, 

since issuing the 2016 Mortgage 

Servicing Final Rule, the Bureau has 

received questions indicating that the 

single-billing-cycle exemption may be 

more complex and operationally 

challenging than the Bureau realized, 

and that the provisions setting forth the 

exemption and transition timing 

requirements may be subject to different 

interpretations. 

The Bureau believes that addressing 

these concerns is appropriate. To 

provide a clearer standard and simplify 

compliance for servicers without 

unnecessarily disadvantaging 

consumers, the Bureau is proposing to 

revise § 1026.41(e)(5)(iv)(B) to provide a 

single-statement exemption. As 

proposed, § 1026.41(e)(5)(iv)(B) 

provides that, as of the date on which 

one of the events listed in 

§ 1026.41(e)(5)(iv)(A) occurs, a servicer 

is exempt from the requirements of 

§ 1026.41 with respect to the next 

periodic statement or coupon book that 

would otherwise be required but 

thereafter must provide modified or 

unmodified periodic statements or 

coupon books that comply with the 

requirements of § 1026.41. 

The Bureau also proposes to revise 

comment 41(e)(5)(iv)(B)–1 to clarify a 

servicer’s obligations under proposed 

§ 1026.41(e)(5)(iv)(B). Proposed 

comment 41(e)(5)(iv)(B)–1 explains that 

the exemption applies with respect to a 

single periodic statement or coupon 

book following an event listed in 

§ 1026.41(e)(5)(iv)(A) and provides two 

examples illustrating the timing. Both 

examples assume that a mortgage loan 

has a monthly billing cycle, each 

payment due date is on the first day of 

the month following its respective 

billing cycle, and each payment due 

date has a 15-day courtesy period. 

Proposed comment 41(e)(5)(iv)(B)–1.i 

explains that, if an event listed in 

§ 1026.41(e)(5)(iv)(A) occurs on October 

6, before the end of the 15-day courtesy 

period provided for the October 1 

payment due date, and the servicer has 

not yet provided a periodic statement or 

coupon book for the billing cycle with 

a November 1 payment due date, the 

servicer is exempt from providing a 

periodic statement or coupon book for 

that billing cycle. The comment further 

states that the servicer is required 

thereafter to resume providing periodic 

statements or coupon books that comply 

with the requirements of § 1026.41 by 

providing a modified or unmodified 

periodic statement or coupon book for 

the billing cycle with a December 1 

payment due date within a reasonably 

prompt time after November 1 or the 

end of the 15-day courtesy period 

provided for the November 1 payment 

due date. 

Proposed comment 41(e)(5)(iv)(B)–1.ii 

provides an example for when a servicer 

already timely provided a periodic 

statement or coupon book for a billing 

cycle in which an event listed in 

§ 1026.41(e)(5)(iv)(A) occurs. It provides 

that, if an event listed in 

§ 1026.41(e)(5)(iv)(A) occurs on October 

20, after the end of the 15-day courtesy 

period provided for the October 1 

payment due date, and the servicer 

timely provided a periodic statement or 

coupon book for the billing cycle with 

a November 1 payment due date, the 

servicer is not required to correct the 

periodic statement or coupon book 

already provided and is exempt from 

providing the next periodic statement or 

coupon book, which is the one that 

would otherwise be required for the 

billing cycle with a December 1 

payment due date. The servicer is 

required thereafter to resume providing 

periodic statements or coupon books 

that comply with the requirements of 

§ 1026.41 by providing a modified or 

unmodified periodic statement or 

coupon book for the billing cycle with 

a January 1 payment due date within a 

reasonably prompt time after December 

1 or the end of the 15-day courtesy 

period provided for the December 1 

payment due date. 

Because proposed comments 

41(e)(5)(iv)(B)–1.i and –1.ii describe 

when a servicer must provide periodic 

statements or coupon books following 

the exemption, § 1026.41(e)(5)(iv)(C) 

and related commentary would be 

unnecessary. Thus, the Bureau is 

proposing to remove 

§ 1026.41(e)(5)(iv)(C) and related 

commentary. 

The Bureau is also proposing to add 

new comments 41(e)(5)(iv)(B)–2 and –3 

to clarify how the proposed exemption 

would operate in additional specific 

circumstances. Proposed comment 

41(e)(5)(iv)(B)–2 is similar in content to 

comment 41(e)(5)(iv)(C)–3. Proposed 

comment 41(e)(5)(iv)(B)–2 states that, if 

a servicer provides a coupon book 

instead of a periodic statement under 

§ 1026.41(e)(3), § 1026.41 requires the 

servicer to provide a new coupon book 

after one of the events listed in 

§ 1026.41(e)(5)(iv)(A) occurs only to the 

extent the servicer has not previously 

provided the consumer with a coupon 

book that covers the upcoming billing 

cycle. Proposed comment 

41(e)(5)(iv)(B)–3 clarifies that the singlestatement exemption in 

§ 1026.41(e)(5)(iv)(B) might apply more 

than once over the life of a loan. For 

example, assume the exemption applies 

beginning on April 14 because the 

consumer files for bankruptcy on that 

date and the bankruptcy plan provides 

that the consumer will surrender the 

dwelling, such that the mortgage loan 

becomes subject to the requirements of 

§ 1026.41(f). If the consumer later exits 

bankruptcy on November 2 and has not 

discharged personal liability for the 

mortgage loan pursuant to 11 U.S.C. 

727, 1141, 1228, or 1328, such that the 

mortgage loan ceases to be subject to the 

requirements of § 1026.41(f), the singlestatement exemption would apply again 

beginning on November 2. 

The Bureau believes that the singlestatement exemption in proposed 

§ 1026.41(e)(5)(iv)(B) would provide a 

more straightforward standard than the 

single-billing-cycle exemption adopted 

in the 2016 Mortgage Servicing Final 

Rule. The Bureau also believes that the 

proposed exemption would still provide 

servicers enough time to transition their 

systems but not so long that it 

unnecessarily disadvantages consumers. 

Finally, the proposed exemption should 

provide servicers relief in more 

circumstances than the exemption 

adopted under the 2016 Mortgage 

Servicing Final Rule. Under this 

proposal, there would always be a 

single-statement exemption when 

servicers transition to providing 

modified or unmodified periodic 

statements or coupon books following 

one of the events listed in 

§ 1026.41(e)(5)(iv)(A). Under the 2016 

Mortgage Servicing Final Rule, servicers 

would not necessarily have the benefit 

of the single-billing-cycle exemption 

because of its requirement that the 

payment due date fall no more than 14 

days after the applicable triggering 

event. 

The Bureau solicits comment on the 

proposed changes, including whether 

they would pose operational challenges 

in implementation or execution. 


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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Proposed Rules 48467 

12 81 FR 72160, 72351 (Oct. 19, 2016). 

13The Bureau has discretion in any rulemaking 

to choose an appropriate scope of analysis with 

respect to potential benefits, costs, and impacts and 

an appropriate baseline. 14Public Law 96–354, 94 Stat. 1164 (1980). 

VI. Dodd-Frank Act Section 1022(b) 

Analysis 

In developing this proposed rule, the 

Bureau has considered the potential 

benefits, costs, and impacts as required 

by section 1022(b)(2) of the Dodd-Frank 

Act. Specifically, section 1022(b)(2) 

calls for the Bureau to consider the 

potential benefits and costs of a 

regulation to consumers and covered 

persons, including the potential 

reduction of consumer access to 

consumer financial products or services, 

the impact on depository institutions 

and credit unions with $10 billion or 

less in total assets as described in 

section 1026 of the Dodd-Frank Act, and 

the impact on consumers in rural areas. 

In addition, 12 U.S.C. 5512(b)(2)(B) 

directs the Bureau to consult, before and 

during the rulemaking, with appropriate 

prudential regulators or other Federal 

agencies, regarding consistency with the 

objectives those agencies administer. 

The Bureau consulted, or offered to 

consult with, the prudential regulators, 

the Securities and Exchange 

Commission, the Department of Housing 

and Urban Development (HUD), the 

HUD Office of Inspector General, the 

Federal Housing Finance Agency, the 

Federal Trade Commission, the 

Department of the Treasury, the 

Department of Agriculture, and the 

Department of Veterans Affairs, 

including regarding consistency with 

any prudential, market, or systemic 

objectives administered by these 

agencies. 

The Bureau previously considered the 

benefits, costs, and impacts of the 2016 

Mortgage Servicing Final Rule’s major 

provisions.12 The baseline 13 for this 

discussion is the mortgage servicing 

market as it would exist ‘‘but for’’ this 

proposed rule; that is, the Bureau 

considers the benefits, costs, and 

impacts of this proposed rule on 

consumers and covered persons relative 

to the baseline established by the 2016 

Mortgage Servicing Final Rule. 

In considering the relevant potential 

benefits, costs, and impacts of this 

proposed rule, the Bureau has used 

feedback received to date and has 

applied its knowledge and expertise 

concerning consumer financial markets. 

The discussion below of these potential 

costs, benefits, and impacts is 

qualitative, reflecting both the 

specialized nature of the proposed 

amendments and the fact that the 2016 

Mortgage Servicing Final Rule, which 

establishes the baseline for the Bureau’s 

analysis, is not yet in effect. The Bureau 

requests comment on this discussion 

generally as well as the submission of 

data or other information that could 

inform the Bureau’s consideration of the 

potential benefits, costs, and impacts of 

this proposed rule. 

The proposed rule generally would 

decrease burden incurred by industry 

participants by clarifying the timing 

requirements for certain disclosures 

required under the 2016 Mortgage 

Servicing Final Rule. As is described in 

more detail below, the Bureau does not 

believe that these changes would have 

a significant enough impact on 

consumers or covered persons to affect 

consumer access to consumer financial 

products and services. 

Timing for servicers to transition to 

providing modified or unmodified 

periodic statements and coupon books 

in connection with a consumer’s 

bankruptcy case. A mortgage servicer 

generally must provide a consumer, for 

each billing cycle, a periodic statement 

or coupon book meeting certain 

requirements. Under the 2016 Mortgage 

Servicing Final Rule, servicers generally 

must provide a modified periodic 

statement or coupon book to certain 

consumers who are debtors in 

bankruptcy or who have discharged 

personal liability for the mortgage loan. 

The Bureau is proposing to amend 

§ 1026.41(e)(5)(iv) to provide that, when 

a servicer must transition to sending 

either modified periodic statements or 

to sending unmodified periodic 

statements, the servicer is exempt from 

the requirements of § 1026.41 with 

respect to the next periodic statement or 

coupon book that would otherwise be 

required but thereafter must provide 

modified or unmodified periodic 

statements or coupon books that comply 

with the requirements of § 1026.41. This 

single-statement exemption would 

replace the single-billing-cycle 

exemption in the 2016 Mortgage 

Servicing Final Rule. 

The Bureau expects that these 

proposed changes would reduce the cost 

to servicers of providing periodic 

statements. The Bureau understands 

that implementing the single-billingcycle exemption provided under the 

2016 Mortgage Servicing Rule may 

prove more complex and operationally 

challenging for servicers than the 

Bureau realized and believes that a 

single-statement exemption would be 

clearer and operationally easier to 

implement. In addition, the singlebilling-cycle exemption would apply 

only when the payment due date falls 

no more than 14 days after the event 

that triggers the transition to or from 

modified periodic statements, whereas 

the proposed single-statement 

exemption would apply to these 

transitions regardless of when during 

the billing cycle the triggering event 

occurs. The Bureau believes that 

servicers would benefit from the more 

straightforward proposed standard and 

from the additional time afforded for 

some transitions. 

The proposal could delay the 

transition to or from modified periodic 

statements for some consumers. This 

could disadvantage some consumers 

who could receive certain disclosures 

later than they might otherwise under 

the single-billing-cycle exemption. 

However, the delay would generally be 

at most one billing cycle, and servicers 

generally are required to provide 

consumers the information in periodic 

statements on request. Thus, the Bureau 

does not expect that the overall effect on 

consumers will be significant. 

Potential specific impacts of the 

proposed rule. The Bureau believes that 

a large fraction of depository 

institutions and credit unions with $10 

billion or less in total assets that are 

engaged in servicing mortgage loans 

qualify as ‘‘small servicers’’ for purposes 

of the mortgage servicing rules because 

they service 5,000 or fewer loans, all of 

which they or an affiliate own or 

originated. Small servicers are not 

subject to Regulation Z § 1026.41, and 

so would not be affected by the 

amendments in this proposed rule. 

With respect to servicers that are not 

small servicers as defined in 

§ 1026.41(e)(4), the Bureau believes that 

the consideration of benefits and costs 

of covered persons presented above 

provides a largely accurate analysis of 

the impacts of the final rule on 

depository institutions and credit 

unions with $10 billion or less in total 

assets that are engaged in servicing 

mortgage loans. 

The Bureau has no reason to believe 

that the additional timing flexibility 

offered to covered persons by this 

proposed rule would differentially 

impact consumers in rural areas. The 

Bureau requests comment regarding the 

impact of the proposed provisions on 

consumers in rural areas and how those 

impacts may differ from those 

experienced by consumers generally. 

VII. Regulatory Flexibility Act Analysis 

The Regulatory Flexibility Act,14 as 

amended by the Small Business 

Regulatory Enforcement Fairness Act of 


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48468 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Proposed Rules 

15Public Law 104–21, section 241, 110 Stat. 847, 

864–65 (1996). 

16 5 U.S.C. 601 through 612. The term ‘‘‘small 

organization’ means any not-for-profit enterprise 

which is independently owned and operated and is 

not dominant in its field, unless an agency 

establishes [an alternative definition under notice 

and comment].’’ 5 U.S.C. 601(4). The term ‘‘‘small 

governmental jurisdiction’ means governments of 

cities, counties, towns, townships, villages, school 

districts, or special districts, with a population of 

less than fifty thousand, unless an agency 

establishes [an alternative definition after notice 

and comment].’’ 5 U.S.C. 601(5). 

17 5 U.S.C. 601(3). The Bureau may establish an 

alternative definition after consulting with the SBA 

and providing an opportunity for public comment. 

Id. 

18 5 U.S.C. 601 et seq. 

19 5 U.S.C. 609. 

20 79 FR 74176, 74279 (Dec. 15, 2014). 

21 81 FR 72160, 72364 (Oct. 19, 2016). 22 44 U.S.C. 3501 et seq. 

1996,15 (RFA) requires each agency to 

consider the potential impact of its 

regulations on small entities, including 

small businesses, small governmental 

units, and small not-for-profit 

organizations.16 The RFA defines a 

‘‘small business’’ as a business that 

meets the size standard developed by 

the Small Business Administration 

(SBA) pursuant to the Small Business 

Act.17

The RFA generally requires an agency 

to conduct an initial regulatory 

flexibility analysis (IRFA) and a final 

regulatory flexibility analysis (FRFA) of 

any rule subject to notice-and- comment 

rulemaking requirements, unless the 

agency certifies that the rule would not 

have a significant economic impact on 

a substantial number of small entities.18

The Bureau also is subject to certain 

additional procedures under the RFA 

involving the convening of a panel to 

consult with small entity 

representatives prior to proposing a rule 

for which an IRFA is required.19

As discussed above, the proposed rule 

would amend certain Regulation Z 

mortgage servicing rules issued in 2016 

relating to the timing for servicers to 

transition to providing modified or 

unmodified periodic statements and 

coupon books under Regulation Z in 

connection with a consumer’s 

bankruptcy case. 

When it issued the proposed rule that 

was finalized as the 2016 Mortgage 

Servicing Final Rule, the Bureau 

concluded that those provisions would 

not have a significant economic impact 

on a substantial number of small entities 

and that an IRFA was therefore not 

required.20 That conclusion remained 

unchanged for the 2016 Mortgage 

Servicing Final Rule.21

Similarly, the Bureau concludes that 

this proposed rule, if adopted, would 

not have a significant economic impact 

on a substantial number of small 

entities, and therefore an IRFA is not 

required. As discussed above, the 

Bureau believes that the proposed 

changes would not create a significant 

economic impact on any covered 

persons, including small entities. In 

addition, the proposed amendments 

would not affect servicers that are 

‘‘small servicers’’ for purposes of the 

mortgage servicing rules. Small 

servicers are exempt from the 

requirements that the proposed rule 

would amend, and the Bureau believes 

that a large fraction of small entities that 

are engaged in servicing mortgage loans 

qualify as small servicers because they 

service 5,000 or fewer loans, all of 

which they or an affiliate own or 

originated. Therefore, an IRFA is not 

required for this proposal. 

Accordingly, the undersigned certifies 

that this proposal, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The Bureau requests comment on the 

analysis above and requests any relevant 

data. 

VIII. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA),22 Federal agencies are 

generally required to seek Office of 

Management and Budget (OMB) 

approval for information collection 

requirements prior to implementation. 

The collections of information related to 

the 2016 Mortgage Servicing Final Rule 

have been reviewed and approved by 

OMB previously in accordance with the 

PRA and assigned OMB Control 

Numbers 3170–0016 (Regulation X) and 

3170–0015 (Regulation Z). 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 Bureau has determined that this 

proposed rule would provide firms with 

additional flexibility and clarity with 

respect to what must be disclosed under 

the 2016 Mortgage Servicing Final Rule; 

therefore, it would have only minimal 

impact on the industry-wide aggregate 

PRA burden relative to the baseline. The 

Bureau welcomes comments on this 

determination or any other aspects of 

this proposal for purposes of the PRA. 

Comments should be submitted to the 

Bureau as instructed in the ADDRESSES

part of this document and to the 

attention of the Paperwork Reduction 

Act Officer. All comments will become 

a matter of public record. 

List of Subjects in 12 CFR Part 1026 

Advertising, Appraisal, Appraiser, 

Banking, Banks, Consumer protection, 

Credit, Credit unions, Mortgages, 

National banks, Reporting and 

recordkeeping requirements, Savings 

associations, Truth in lending. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Consumer Financial 

Protection Bureau proposes to amend 12 

CFR part 1026 as follows: 

PART 1026—TRUTH IN LENDING 

(REGULATION Z) 

■ 1. The authority citation for part 1026 

continues to read as follows: 

Authority: 12 U.S.C. 2601, 2603–2605, 

2607, 2609, 2617, 3353, 5511, 5512, 5532, 

5581; 15 U.S.C. 1601 et seq. 

Subpart E—Special Rules for Certain 

Home Mortgage Transactions 

■ 2. Amend § 1026.41 by: 

■ a. Revising paragraph (e)(5)(iv)(B); and 

■ b. Removing paragraph (e)(5)(iv)(C). 

The revisions read as follows: 

§ 1026.41 Periodic statements for 

residential mortgage loans. 

* * * * * 

(e) * * * 

(5) * * * 

(iv) * * * 

(B) Single-statement exemption. As of 

the date on which one of the events 

listed in paragraph (e)(5)(iv)(A) of this 

section occurs, a servicer is exempt from 

the requirements of this section with 

respect to the next periodic statement or 

coupon book that would otherwise be 

required but thereafter must provide 

modified or unmodified periodic 

statements or coupon books that comply 

with the requirements of this section. 

* * * * * 

■ 3. Amend Supplement I to Part 1026 

as follows: 

■ a. Under Section 1026.41—Periodic 

Statements for Residential Mortgage 

Loans: 

■ i. 41(e)(5)(iv)(B) Transitional singlebilling-cycle exemption is revised; and 

■ ii. 41(e)(5)(iv)(C) Timing of first 

modified or unmodified statement or 

coupon book after transition, is 

removed. 

The revisions read as follows: 

Supplement I to Part 1026—Official 

Interpretations 

* * * * * 

Section 1026.41—Periodic Statements for 

Residential Mortgage Loans 

* * * * * 

41(e)(5)(iv)(B) Single-statement exemption. 


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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Proposed Rules 48469 

1. Timing. The exemption in 

§ 1026.41(e)(5)(iv)(B) applies with respect to 

a single periodic statement or coupon book 

following an event listed in 

§ 1026.41(e)(5)(iv)(A). For example, assume 

that a mortgage loan has a monthly billing 

cycle, each payment due date is on the first 

day of the month following its respective 

billing cycle, and each payment due date has 

a 15-day courtesy period. In this scenario: 

i. If an event listed in § 1026.41(e)(5)(iv)(A) 

occurs on October 6, before the end of the 15- 

day courtesy period provided for the October 

1 payment due date, and the servicer has not 

yet provided a periodic statement or coupon 

book for the billing cycle with a November 

1 payment due date, the servicer is exempt 

from providing a periodic statement or 

coupon book for that billing cycle. The 

servicer is required thereafter to resume 

providing periodic statements or coupon 

books that comply with the requirements of 

§ 1026.41 by providing a modified or 

unmodified periodic statement or coupon 

book for the billing cycle with a December 1 

payment due date within a reasonably 

prompt time after November 1 or the end of 

the 15-day courtesy period provided for the 

November 1 payment due date. See 

§ 1026.41(b). 

ii. If an event listed in 

§ 1026.41(e)(5)(iv)(A) occurs on October 20, 

after the end of the 15-day courtesy period 

provided for the October 1 payment due date, 

and the servicer timely provided a periodic 

statement or coupon book for the billing 

cycle with the November 1 payment due 

date, the servicer is not required to correct 

the periodic statement or coupon book 

already provided and is exempt from 

providing the next periodic statement or 

coupon book, which is the one that would 

otherwise be required for the billing cycle 

with a December 1 payment due date. The 

servicer is required thereafter to resume 

providing periodic statements or coupon 

books that comply with the requirements of 

§ 1026.41 by providing a modified or 

unmodified periodic statement or coupon 

book for the billing cycle with a January 1 

payment due date within a reasonably 

prompt time after December 1 or the end of 

the 15-day courtesy period provided for the 

December 1 payment due date. See 

§ 1026.41(b). 

2. Duplicate coupon books not required. If 

a servicer provides a coupon book instead of 

a periodic statement under § 1026.41(e)(3), 

§ 1026.41 requires the servicer to provide a 

new coupon book after one of the events 

listed in § 1026.41(e)(5)(iv)(A) occurs only to 

the extent the servicer has not previously 

provided the consumer with a coupon book 

that covers the upcoming billing cycle. 

3. Subsequent triggering events. The singlestatement exemption in § 1026.41(e)(5)(iv)(B) 

might apply more than once over the life of 

a loan. For example, assume the exemption 

applies beginning on April 14 because the 

consumer files for bankruptcy on that date 

and the bankruptcy plan provides that the 

consumer will surrender the dwelling, such 

that the mortgage loan becomes subject to the 

requirements of § 1026.41(f). See 

§ 1026.41(e)(5)(iv)(A)(1). If the consumer later 

exits bankruptcy on November 2 and has not 

discharged personal liability for the mortgage 

loan pursuant to 11 U.S.C. 727, 1141, 1228, 

or 1328, such that the mortgage loan ceases 

to be subject to the requirements of 

§ 1026.41(f), the single-statement exemption 

would apply again beginning on November 2. 

See § 1026.41(e)(5)(iv)(A)(2). 

* * * * * 

Dated: October 2, 2017. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2017–21907 Filed 10–17–17; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

37 CFR Part 2 

[Docket No. PTO–T–2017–0032] 

RIN 0651–AD23 

Removal of Rules Governing 

Trademark Interferences 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Consistent with Executive 

Order 13777, ‘‘Enforcing the Regulatory 

Reform Agenda,’’ and Executive Order 

13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ the 

United States Patent and Trademark 

Office (USPTO or Office) proposes to 

amend the Rules of Practice in 

Trademark Cases to remove the rules 

governing trademark interferences. This 

proposed rule implements the USPTO’s 

work to identify and propose 

regulations for removal, modification, 

and streamlining because they are 

outdated, unnecessary, ineffective, 

costly, or unduly burdensome on the 

agency or the private sector. The 

revisions proposed herein would put 

into effect the work the USPTO has 

done, in part through its participation in 

the Regulatory Reform Task Force (Task 

Force) established by the Department of 

Commerce (Department or Commerce) 

pursuant to Executive Order 13777, to 

review and identify regulations that are 

candidates for removal. 

DATES: Written comments must be 

received on or before November 17, 

2017. 

ADDRESSES: Comments on the changes 

set forth in this proposed rulemaking 

should be sent by electronic mail 

message to TMFRNotices@uspto.gov. 

Written comments also may be 

submitted by mail to the Commissioner 

for Trademarks, P.O. Box 1451, 

Alexandria, VA 22313–1451, attention 

Catherine Cain; by hand delivery to the 

Trademark Assistance Center, 

Concourse Level, James Madison 

Building-East Wing, 600 Dulany Street, 

Alexandria, VA 22314, attention 

Catherine Cain. Comments concerning 

ideas to improve, revise, and streamline 

other USPTO regulations, not discussed 

in this proposed rulemaking, should be 

submitted to RegulatoryReformGroup@

uspto.gov. 

Comments may also be submitted via 

the Federal eRulemaking Portal at 

http://www.regulations.gov. See the 

Federal eRulemaking Portal Web site for 

additional instructions on providing 

comments via the Federal eRulemaking 

Portal. 

Although comments may be 

submitted by postal mail, the Office 

prefers to receive comments by 

electronic mail message over the 

Internet because the Office may easily 

share such comments with the public. 

Electronic comments are preferred to be 

submitted in plain text, but also may be 

submitted in ADOBE® portable 

document format or MICROSOFT 

WORD® format. Comments not 

submitted electronically should be 

submitted on paper in a format that 

facilitates convenient digital scanning 

into ADOBE® portable document 

format. 

The comments will be available for 

public inspection at the Office of the 

Commissioner for Trademarks, Madison 

East, Tenth Floor, 600 Dulany Street, 

Alexandria, VA 22314. Comments also 

will be available for viewing via the 

Office’s Internet Web site (http://

www.uspto.gov) and at http://

www.regulations.gov. Because 

comments will be made available for 

public inspection, information that the 

submitter does not desire to make 

public, such as an address or phone 

number, should not be included in the 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Cain, Office of the Deputy 

Commissioner for Trademark 

Examination Policy, by email at 

TMFRNotices@uspto.gov, or by 

telephone at (571) 272–8946. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with Executive Order 

13777, ‘‘Enforcing the Regulatory 

Reform Agenda,’’ the Department 

established a Task Force, comprising, 

among others, agency officials from the 

National Oceanic and Atmospheric 

Administration, the Bureau of Industry 

and Security, and the USPTO, and 


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