Technical Specifications for Credit Card Agreement and Submission Required under TILA and the CARD Act (published)

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Rules and Regulations

Federal Register
Vol. 86, No. 160
Monday, August 23, 2021

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.

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)
Bureau of Consumer Financial
Protection.
ACTION: Notification of technical
specifications; procedural rule.
AGENCY:

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.

SUMMARY:

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 [email protected]. If
you require this document in an
alternative electronic format, please
contact [email protected].
SUPPLEMENTARY INFORMATION:

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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
1 Fair 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).
3 TILA 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).

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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
4 15

U.S.C. 1646(b).
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).
7 See 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.
8 See 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).
9 See, 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.
10 Bureau 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.
5 Bureau

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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
11 See, 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.
12 The Bureau’s TCCP Survey database is
available at https://cfpb-sites.force.com/
CreditCardPlanSurveys.
13 84 FR 7979 (Mar. 6, 2019).

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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
14 Although 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.
15 Public Law 111–24, 123 Stat. 1734 (2009).
16 15 U.S.C. 1632(d).
17 Public Law 111–203, section 1100A, 124 Stat.
2081 (2010). See also supra note 2.
18 76 FR 79768 (Dec. 22, 2011).

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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
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.’’).

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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
24 12

CFR 1026.58(b)(1).
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).
27 See 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).
28 See 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).

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

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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
33 CARD 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).
35 Public Law 111–203, section 1100A, 124 Stat.
2081 (2010). See also supra note 2.
36 76 FR 79768 (Dec. 22, 2011).
37 Specifically, section 1026.57(d)(2) states that
the annual report must include identifying

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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

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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.
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).
39 See 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.
40 The Bureau’s college credit card marketing
agreement and data website is available at https://
www.consumerfinance.gov/data-research/studentbanking/marketing-agreements-and-data/.

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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 [email protected] 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
41 The 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).
43 For questions concerning the registration form,
please contact the Collect Support Team at Collect_
[email protected].
44 TCCP 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

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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 [email protected].
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
[email protected] 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
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_
[email protected].

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

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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

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[email protected] 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
[email protected].
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 [email protected].
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
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_
[email protected].
47 12 U.S.C. 5512(b)(1).
48 15 U.S.C. 1604(a).
49 15 U.S.C. 1632(d)(5).

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46957

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.
50 44

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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:

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
[email protected].
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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.

Background

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.

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

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

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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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