Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Rules and Regulations 4579

Dated: November 19, 2019. useful guidance to regulated entities is with those rules and statutes.6 But they Joseph M. Otting, an important aspect of facilitating may not address all situations. Where Comptroller of the Currency. markets that serve consumers. there are multiple methods of Since its inception, the Bureau has compliance that are permitted by the By order of the Board of Governors of the provided guidance through a variety of applicable rules and statutes, an entity Federal Reserve System, November 19, 2019. means, and its guidance functions have can make its own business decision Ann E. Misback, evolved and are continuing to evolve in regarding which method to use, and this Secretary of the Board. response to feedback from industry and may include a method that is not Federal Deposit Insurance Corporation. other stakeholders. Some examples of specifically addressed in a Compliance By order of the Board of Directors. compliance resources that the Bureau Aid. In sum, regulated entities are not required to comply with the Compliance Dated at Washington, DC, on November 19, has released include small entity 2019. compliance guides, instructional guides Aids themselves. Regulated entities are only required to comply with the Annmarie H. Boyd, for disclosure forms, executive summaries, summaries of regulation underlying rules and statutes. Assistant Executive Secretary. changes, factsheets, flow charts, Compliance Aids are designed to [FR Doc. 2019–28293 Filed 1–24–20; 8:45 am] compliance checklists, frequently asked accurately summarize and illustrate the BILLING CODE 6210–01–P 4810–33–P; 6714–01–P questions, and summary tables. underlying rules and statutes. Accordingly, when exercising its II. Policy Statement on Compliance enforcement and supervisory discretion, BUREAU OF CONSUMER FINANCIAL Aids the Bureau does not intend to sanction, PROTECTION Going forward, the Bureau intends to or ask a court to sanction, entities that establish a new category of materials reasonably rely on Compliance Aids. 12 CFR Chapter X that are similar to previous compliance II. Regulatory Requirements Policy Statement on Compliance Aids resources but will now be designated as ‘‘Compliance Aids.’’ This designation This policy statement constitutes a AGENCY: Bureau of Consumer Financial will provide the public with greater general statement of policy that is Protection. clarity regarding the legal status and exempt from the notice and comment ACTION: Policy statement. role of these materials, as discussed rulemaking requirements of the below.3 Administrative Procedure Act.7 It is SUMMARY: The Bureau of Consumer The Bureau does not intend to use intended to provide information Financial Protection (Bureau) is Compliance Aids to make decisions that regarding the Bureau’s general plans to publishing this policy statement in bind regulated entities. Unlike the exercise its discretion and does not order to announce a new designation for Bureau’s regulations and official confer any rights. Because no notice of certain Bureau guidance, known as interpretations, Compliance Aids are proposed rulemaking is required, the ‘‘Compliance Aids,’’ and to explain the not ‘‘rules’’ under the Administrative Regulatory Flexibility Act does not legal status and role of guidance with 4 require an initial or final regulatory Procedure Act. Rather, Compliance 8 that designation. Aids present the requirements of flexibility analysis. The Bureau has DATES: This policy statement becomes existing rules and statutes in a manner also determined that this policy applicable on February 1, 2020. that is useful for compliance statement does not impose any new or FOR FURTHER INFORMATION CONTACT: professionals, other industry revise any existing recordkeeping, Christopher Shelton, Counsel, or Lea stakeholders, and the public.5 reporting, or disclosure requirements on Mosena, Senior Counsel, Legal Division, Compliance Aids may also include covered entities or members of the 202–435–7700. Regulatory inquiries can practical suggestions for how entities public that would be collections of be submitted at https:// might choose to go about complying information requiring approval by the reginquiries.consumerfinance.gov/. If Office of Management and Budget under the Paperwork Reduction Act.9 you require this document in an 3 This policy statement does not apply to alternative electronic format, please materials that do not bear the label ‘‘Compliance Pursuant to the Congressional Review 10 contact [email protected]. Aid,’’ or to the use of outdated materials that have Act, the Bureau will submit a report been withdrawn or superseded. It also does not containing this policy statement and SUPPLEMENTARY INFORMATION: alter the status of materials that were issued before other required information to the United this policy statement, although the Bureau may re- I. Background issue certain existing materials as Compliance Aids States Senate, the United States House of Representatives, and the Comptroller The Bureau’s ‘‘primary functions’’ if it is in the public interest and as Bureau resources permit. Moreover, this policy statement does not General of the United States prior to its under the Dodd-Frank Wall Street determine the policies of regulators other than the applicability date. The Office of Reform and Consumer Protection Act 1 Bureau. Information and Regulatory Affairs has include issuing guidance implementing 4 Under the Administrative Procedure Act, designated this policy statement as not Federal consumer financial law.2 The generally a ‘‘rule’’ is an agency statement of general or particular applicability and future effect a ‘‘major rule’’ as defined by 5 U.S.C. Bureau believes that providing clear and designed to implement, interpret, or prescribe law 804(2). or policy. 5 U.S.C. 551(4). The three main categories 1 Public Law 111–203, 124 Stat. 2081 (2010). of rules are substantive rules, interpretive rules, and 6 See, e.g., Indus. Safety Equip. Ass’n, Inc. v. EPA, 2 12 U.S.C. 5511(c)(5). Moreover, the Dodd-Frank general statements of policy. Some examples of 837 F.2d 1115, 1120–21 (D.C. Cir. 1988) (an Act authorizes the Director of the Bureau to issue rules are regulations like Regulation Z, 12 CFR part agency’s ‘‘hortatory advice’’ regarding potential guidance as may be necessary or appropriate to 1026, and official interpretations like the Official methods for complying with a rule is not itself a enable the Bureau to administer and carry out the Interpretations to Regulation Z, 12 CFR part 1026, rule under the Administrative Procedure Act). purposes and objectives of the Federal consumer supp. I. 7 financial laws and to prevent evasions thereof. 12 5 See, e.g., Golden & Zimmerman, LLC v. 5 U.S.C. 553(b). However, this is not a U.S.C. 5512(b)(1). Additionally, the Bureau is Domenech, 599 F.3d 426, 432 (4th Cir. 2010) ‘‘statement of policy’’ as that term is specifically authorized to establish general policies, including (agency documents like FAQs that ‘‘restate or report used in Regulation X, 12 CFR 1024.4(a)(1)(ii). with respect to implementing the Federal consumer what already exists in the relevant body of statutes, 8 5 U.S.C. 603(a), 604(a). financial laws through guidance. 12 U.S.C. regulations, and rulings’’ are not themselves rules 9 44 U.S.C. 3501–3521. 5492(a)(10). under the Administrative Procedure Act). 10 5 U.S.C. 801–808.

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Dated: January 10, 2020. 4. The National Archives and Records airport and its location, the procedure, Kathleen L. Kraninger, Administration (NARA). For and the amendment number. information on the availability of this Director, Bureau of Consumer Financial Availability and Summary of Material Protection. material at NARA, email fedreg.legal@ Incorporated by Reference [FR Doc. 2020–00648 Filed 1–24–20; 8:45 am] nara.gov or go to: https:// BILLING CODE 4810–AM–P www.archives.gov/federal-register/cfr/ The material incorporated by ibr-locations.html. reference is publicly available as listed in the ADDRESSES section. Availability The material incorporated by DEPARTMENT OF TRANSPORTATION reference describes SIAPS, Takeoff All SIAPs and Takeoff Minimums and Minimums and/or ODPS as identified in Federal Aviation Administration ODPs are available online free of charge. the amendatory language for part 97 of Visit the National Flight Data Center at this final rule. 14 CFR Part 97 nfdc.faa.gov to register. Additionally, [Docket No. 31292; Amdt. No. 3887] individual SIAP and Takeoff Minimums The Rule and ODP copies may be obtained from This amendment to 14 CFR part 97 is Standard Instrument Approach the FAA Air Traffic Organization effective upon publication of each Procedures, and Takeoff Minimums Service Area in which the affected separate SIAP, Takeoff Minimums and and Obstacle Departure Procedures; airport is located. ODP as Amended in the transmittal. Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT: Some SIAP and Takeoff Minimums and AGENCY: Federal Aviation Thomas J. Nichols, Flight Procedures textual ODP amendments may have Administration (FAA), DOT. and Airspace Group, Flight been issued previously by the FAA in a ACTION: Final rule. Technologies and Procedures Division, Flight Data Center (FDC) Notice to Flight Standards Service, Federal Airmen (NOTAM) as an emergency SUMMARY: This rule establishes, amends, Aviation Administration. Mailing action of immediate flight safety relating suspends, or removes Standard Address: FAA Mike Monroney directly to published aeronautical Instrument Approach Procedures Aeronautical Center, Flight Procedures charts. (SIAPs) and associated Takeoff and Airspace Group, 6500 South The circumstances that created the Minimums and Obstacle Departure MacArthur Blvd., Registry Bldg. 29 need for some SIAP and Takeoff Procedures (ODPs) for operations at Room 104, Oklahoma City, OK 73169. Minimums and ODP amendments may certain airports. These regulatory Telephone: (405) 954–4164. require making them effective in less actions are needed because of the than 30 days. For the remaining SIAPs SUPPLEMENTARY INFORMATION: adoption of new or revised criteria, or This rule and Takeoff Minimums and ODPs, an because of changes occurring in the amends Title 14 of the Code of Federal effective date at least 30 days after National Airspace System, such as the Regulations, Part 97 (14 CFR part 97), by publication is provided. commissioning of new navigational establishing, amending, suspending, or Further, the SIAPs and Takeoff facilities, adding new obstacles, or removes SIAPS, Takeoff Minimums Minimums and ODPs contained in this changing air traffic requirements. These and/or ODPS. The complete regulatory amendment are based on the criteria changes are designed to provide safe description of each SIAP and its contained in the U.S. Standard for and efficient use of the navigable associated Takeoff Minimums or ODP Terminal Instrument Procedures airspace and to promote safe flight for an identified airport is listed on FAA (TERPS). In developing these SIAPs and operations under instrument flight rules form documents which are incorporated Takeoff Minimums and ODPs, the at the affected airports. by reference in this amendment under 5 TERPS criteria were applied to the U.S.C. 552(a), 1 CFR part 51, and 14 DATES: This rule is effective January 27, conditions existing or anticipated at the CFR part 97.20. The applicable FAA 2020. The compliance date for each affected airports. Because of the close forms are FAA Forms 8260–3, 8260–4, SIAP, associated Takeoff Minimums, and immediate relationship between 8260–5, 8260–15A, and 8260–15B when and ODP is specified in the amendatory these SIAPs, Takeoff Minimums and required by an entry on 8260–15A. provisions. ODPs, and safety in air commerce, I find The incorporation by reference of The large number of SIAPs, Takeoff that notice and public procedure under certain publications listed in the Minimums and ODPs, their complex 5 U.S.C. 553(b) are impracticable and regulations is approved by the Director nature, and the need for a special format contrary to the public interest and, of the Federal Register as of January 27, make publication in the Federal where applicable, under 5 U.S.C. 553(d), 2020. Register expensive and impractical. good cause exists for making some ADDRESSES: Availability of matters Further, airmen do not use the SIAPs effective in less than 30 days. incorporated by reference in the regulatory text of the SIAPs, Takeoff The FAA has determined that this amendment is as follows: Minimums or ODPs, but instead refer to regulation only involves an established their graphic depiction on charts body of technical regulations for which For Examination printed by publishers of aeronautical frequent and routine amendments are 1. U.S. Department of Transportation, materials. Thus, the advantages of necessary to keep them operationally Docket Ops–M30, 1200 New Jersey incorporation by reference are realized current. It, therefore—(1) is not a Avenue SE, West Bldg., Ground Floor, and publication of the complete ‘‘significant regulatory action’’ under Washington, DC 20590–0001. description of each SIAP, Takeoff Executive Order 12866; (2) is not a 2. The FAA Air Traffic Organization Minimums and ODP listed on FAA form ‘‘significant rule’’ under DOT Service Area in which the affected documents is unnecessary. This Regulatory Policies and Procedures (44 airport is located; amendment provides the affected CFR FR 11034; February 26, 1979); and (3) 3. The office of Aeronautical sections and specifies the types of does not warrant preparation of a Navigation Products, 6500 South SIAPs, Takeoff Minimums and ODPs regulatory evaluation as the anticipated MacArthur Blvd., Oklahoma City, OK with their applicable effective dates. impact is so minimal. For the same 73169 or, This amendment also identifies the reason, the FAA certifies that this

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