81 FR 21549 - Agency Information Collection Activities; Submission for OMB Review; Comment Request
FEDERAL TRADE COMMISSION Federal Register Volume 81, Issue 70 (April 12, 2016)
Federal Register Volume 81, Issue 70 (April 12, 2016)
| Page Range | 21549-21550 | |
| FR Document | 2016-08369 |
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)] [Notices] [Pages 21549-21550] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08369] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION Agency Information Collection Activities; Submission for OMB Review; Comment Request AGENCY: Federal Trade Commission. ACTION: Notice and request for comment. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995, the FTC is seeking public comments on its request to OMB for a three- year extension of the current PRA clearance for the information collection requirements contained in the Mail, Internet, or Telephone Order Merchandise Rule (MITOR). This clearance expires on April 30, 2016. DATES: Comments must be received by May 12, 2016. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ``Mail, Internet, or Telephone Order Merchandise Trade Regulation Rule: FTC File No. R511929'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/mitorpra2 by following the instructions on the Web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the proposed information requirements should be addressed to Jock Chung, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580, (202) 326-2984. SUPPLEMENTARY INFORMATION: Title: Mail, Internet, or Telephone Order Merchandise Rule (MTOR or Rule), 16 CFR part 435. OMB Control Number: 3084-0106. Type of Review: Extension of a currently approved collection. Abstract: Generally, the MITOR requires a merchant to: (1) Have a reasonable basis for any express or implied shipment representation made in soliciting the sale (if no express time period is promised, the implied shipment representation is 30 days); (2) notify the consumer and obtain the consumer's consent to any delay in shipment; and (3) make prompt and full refunds when the consumer exercises a cancellation option or the merchant is unable to meet the Rule's other requirements. The notice provisions in the Rule require a merchant who is unable to ship within the promised shipment time or 30 days to notify the consumer of a revised date and his or her right to cancel the order and obtain a prompt refund. Delays beyond the revised shipment date also trigger a notification requirement to consumers. When the [[Page 21550]] MITOR requires the merchant to make a refund and the consumer has paid by credit card, the Rule also requires the merchant to notify the consumer either that any charge to the consumer's charge account will be reversed or that the merchant will take no action that will result in a charge. On January 19, 2016, the Commission sought comment on the information collection requirements in MTOR. See 81 FR 2860. The Commission received two comments but neither one addressed the issues raised by the public comment request. As required by OMB regulations, 5 CFR part 1320, the FTC is providing this second opportunity for public comment. Likely Respondents: Businesses engaged in the sale of merchandise by mail or by telephone. Estimated Annual Hours Burden: 1,953,840 hours. Third Party Disclosure: [(33,267 established businesses x 50 hours) + (1,263 new entrants x 230 hours) = 1,953,840 hours. Estimated Annual Cost Burden: $44,879,705, which is derived from 1,953,840 hours x $22.97/hour.\1\ --------------------------------------------------------------------------- \1\ This is the mean hourly income for workers in sales and related occupations according to the latest figures from the Department of Commerce's Bureau of Labor Statistics. See Table 1, National employment and wage data from the Occupational Employment Statistics survey by occupation, May 2015, at http://www.bls.gov/news.release/ocwage.t01.htm. --------------------------------------------------------------------------- Request for Comment You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before May 12, 2016. Write ``Mail, Internet, or Telephone Order Merchandise Trade Regulation Rule: FTC File No. R511929'' on your comment. Your comment--including your name and your state--will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, such as anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ``[t]rade secret or any commercial or financial information which is . . . privileged or confidential,'' as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you are required to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential only if the FTC General Counsel grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comment online, or to send it to the Commission by courier or overnight service. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/mitorpra2, by following the instructions on the Web-based form. If this Notice appears at http://www.regulations.gov, you also may file a comment through that Web site. If you file your comment on paper, write ``Mail, Internet, or Telephone Order Merchandise Trade Regulation Rule: FTC File No. R511929'' on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before May 12, 2016. You can find more information, including routine uses permitted by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.shtm. Comments on the information collection requirements subject to review under the PRA should also be submitted to OMB. If sent by U.S. mail, address comments to: Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the Federal Trade Commission, New Executive Office Building, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503. Comments sent to OMB by U.S. postal mail, however, are subject to delays due to heightened security precautions. Thus, comments instead should be sent by facsimile to (202) 395-5167. Christian S. White, Deputy General Counsel. [FR Doc. 2016-08369 Filed 4-11-16; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices 21549
PERSON TO CONTACT FOR INFORMATION: pursuant to the Bank Holding Company Merchandise Rule (MITOR). This
Judith Ingram, Press Officer, Telephone: Act of 1956 (12 U.S.C. 1841 et seq.) clearance expires on April 30, 2016.
(202) 694–1220. (BHC Act), Regulation Y (12 CFR part DATES: Comments must be received by
225), and all other applicable statutes May 12, 2016.
Shawn Woodhead Werth,
and regulations to become a bank ADDRESSES: Interested parties may file a
Secretary and Clerk of the Commission. holding company and/or to acquire the
[FR Doc. 2016–08417 Filed 4–8–16; 11:15 am]
comment online or on paper, by
assets or the ownership of, control of, or following the instructions in the
BILLING CODE 6715–01–P the power to vote shares of a bank or Request for Comment part of the
bank holding company and all of the SUPPLEMENTARY INFORMATION section
banks and nonbanking companies below. Write ‘‘Mail, Internet, or
FEDERAL RESERVE SYSTEM owned by the bank holding company, Telephone Order Merchandise Trade
including the companies listed below. Regulation Rule: FTC File No. R511929’’
Change in Bank Control Notices; The applications listed below, as well on your comment, and file your
Acquisitions of Shares of a Bank or as other related filings required by the comment online at https://
Bank Holding Company Board, are available for immediate ftcpublic.commentworks.com/ftc/
inspection at the Federal Reserve Bank mitorpra2 by following the instructions
The notificants listed below have indicated. The applications will also be
applied under the Change in Bank on the Web-based form. If you prefer to
available for inspection at the offices of file your comment on paper, mail or
Control Act (12 U.S.C. 1817(j)) and the Board of Governors. Interested
§ 225.41 of the Board’s Regulation Y (12 deliver your comment to the following
persons may express their views in address: Federal Trade Commission,
CFR 225.41) to acquire shares of a bank writing on the standards enumerated in
or bank holding company. The factors Office of the Secretary, 600
the BHC Act (12 U.S.C. 1842(c)). If the Pennsylvania Avenue NW., Suite CC–
that are considered in acting on the proposal also involves the acquisition of
notices are set forth in paragraph 7 of 5610 (Annex J), Washington, DC 20580,
a nonbanking company, the review also or deliver your comment to the
the Act (12 U.S.C. 1817(j)(7)). includes whether the acquisition of the
The notices are available for following address: Federal Trade
nonbanking company complies with the Commission, Office of the Secretary,
immediate inspection at the Federal standards in section 4 of the BHC Act
Reserve Bank indicated. The notices Constitution Center, 400 7th Street SW.,
(12 U.S.C. 1843). Unless otherwise 5th Floor, Suite 5610 (Annex J),
also will be available for inspection at noted, nonbanking activities will be
the offices of the Board of Governors. Washington, DC 20024.
conducted throughout the United States.
Interested persons may express their Unless otherwise noted, comments FOR FURTHER INFORMATION CONTACT:
views in writing to the Reserve Bank regarding each of these applications Requests for additional information or
indicated for that notice or to the offices must be received at the Reserve Bank copies of the proposed information
of the Board of Governors. Comments indicated or the offices of the Board of requirements should be addressed to
must be received not later than April 27, Governors not later than May 6, 2016. Jock Chung, Attorney, Division of
2016. A. Federal Reserve Bank of Dallas Enforcement, Bureau of Consumer
A. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice Protection, Federal Trade Commission,
(Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, 600 Pennsylvania Avenue NW.,
President) 2200 North Pearl Street, Dallas, Texas 75201–2272: Washington, DC 20580, (202) 326–2984.
Dallas, Texas 75201–2272: 1. WestStar Bank Holding Company, SUPPLEMENTARY INFORMATION:
1. Deanna Alfred; Elizabeth Dippel Inc., El Paso, Texas; to merge with First Title: Mail, Internet, or Telephone
Masser; Ted Christian Masser, as Fabens Bancorporation, Inc., and Order Merchandise Rule (MTOR or
custodian for the TUTMA accounts for thereby indirectly acquire First National Rule), 16 CFR part 435.
Ted Henry Masser and Katherine Bank, both in Fabens, Texas. OMB Control Number: 3084–0106.
Elizabeth Masser; Kurt Andrew Alfred; Type of Review: Extension of a
Board of Governors of the Federal Reserve
Lauren Elizabeth Alfred, all of Brenham, System, April 7, 2016.
currently approved collection.
Texas; and Corby Wade Alfred, Austin, Abstract: Generally, the MITOR
Michael J. Lewandowski,
Texas; all as members of the Alfred/ requires a merchant to: (1) Have a
Associate Secretary of the Board. reasonable basis for any express or
Dippel/Voelter family group, and
[FR Doc. 2016–08341 Filed 4–11–16; 8:45 am] implied shipment representation made
collectively acting as a group in concert;
to retain voting shares of Brenham BILLING CODE 6210–01–P in soliciting the sale (if no express time
Bancshares, Inc., and thereby indirectly period is promised, the implied
retain voting shares of Brenham shipment representation is 30 days); (2)
National Bank, both in Brenham, Texas. FEDERAL TRADE COMMISSION notify the consumer and obtain the
Board of Governors of the Federal Reserve
consumer’s consent to any delay in
Agency Information Collection shipment; and (3) make prompt and full
System, April 7, 2016. Activities; Submission for OMB
Michael J. Lewandowski,
refunds when the consumer exercises a
Review; Comment Request cancellation option or the merchant is
Associate Secretary of the Board.
AGENCY: Federal Trade Commission. unable to meet the Rule’s other
[FR Doc. 2016–08340 Filed 4–11–16; 8:45 am]
ACTION: Notice and request for comment. requirements.
BILLING CODE 6210–01–P The notice provisions in the Rule
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY: In compliance with the require a merchant who is unable to
Paperwork Reduction Act (PRA) of ship within the promised shipment time
FEDERAL RESERVE SYSTEM 1995, the FTC is seeking public or 30 days to notify the consumer of a
Formations of, Acquisitions by, and comments on its request to OMB for a revised date and his or her right to
Mergers of Bank Holding Companies three-year extension of the current PRA cancel the order and obtain a prompt
clearance for the information collection refund. Delays beyond the revised
The companies listed in this notice requirements contained in the Mail, shipment date also trigger a notification
have applied to the Board for approval, Internet, or Telephone Order requirement to consumers. When the
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![21550 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices
MITOR requires the merchant to make number. You are also solely responsible information, including routine uses
a refund and the consumer has paid by for making sure that your comment does permitted by the Privacy Act, in the
credit card, the Rule also requires the not include any sensitive health Commission’s privacy policy, at http://
merchant to notify the consumer either information, like medical records or www.ftc.gov/ftc/privacy.shtm.
that any charge to the consumer’s charge other individually identifiable health Comments on the information
account will be reversed or that the information. In addition, do not include collection requirements subject to
merchant will take no action that will any ‘‘[t]rade secret or any commercial or review under the PRA should also be
result in a charge. financial information which is . . . submitted to OMB. If sent by U.S. mail,
On January 19, 2016, the Commission privileged or confidential,’’ as discussed address comments to: Office of
sought comment on the information in Section 6(f) of the FTC Act, 15 U.S.C. Information and Regulatory Affairs,
collection requirements in MTOR. See 46(f), and FTC Rule 4.10(a)(2), 16 CFR Office of Management and Budget,
81 FR 2860. The Commission received 4.10(a)(2). In particular, do not include Attention: Desk Officer for the Federal
two comments but neither one competitively sensitive information Trade Commission, New Executive
addressed the issues raised by the such as costs, sales statistics, Office Building, Docket Library, Room
public comment request. As required by inventories, formulas, patterns, devices, 10102, 725 17th Street NW.,
OMB regulations, 5 CFR part 1320, the manufacturing processes, or customer Washington, DC 20503. Comments sent
FTC is providing this second names. to OMB by U.S. postal mail, however,
opportunity for public comment. If you want the Commission to give are subject to delays due to heightened
Likely Respondents: Businesses your comment confidential treatment, security precautions. Thus, comments
engaged in the sale of merchandise by you must file it in paper form, with a instead should be sent by facsimile to
mail or by telephone. request for confidential treatment, and (202) 395–5167.
Estimated Annual Hours Burden: you are required to follow the procedure
Christian S. White,
1,953,840 hours. explained in FTC Rule 4.9(c), 16 CFR
Deputy General Counsel.
Third Party Disclosure: [(33,267 4.9(c). Your comment will be kept
[FR Doc. 2016–08369 Filed 4–11–16; 8:45 am]
established businesses × 50 hours) + confidential only if the FTC General
(1,263 new entrants × 230 hours) = Counsel grants your request in BILLING CODE 6750–01–P
1,953,840 hours. accordance with the law and the public
Estimated Annual Cost Burden: interest.
$44,879,705, which is derived from Postal mail addressed to the DEPARTMENT OF HEALTH AND
1,953,840 hours × $22.97/hour.1 Commission is subject to delay due to HUMAN SERVICES
heightened security screening. As a
Request for Comment result, we encourage you to submit your Centers for Disease Control and
You can file a comment online or on comment online, or to send it to the Prevention
paper. For the Commission to consider Commission by courier or overnight
service. To make sure that the Emergency Funding for Puerto Rico
your comment, we must receive it on or Department of Health, Zika Virus
before May 12, 2016. Write ‘‘Mail, Commission considers your online
comment, you must file it at https:// Outbreak
Internet, or Telephone Order
Merchandise Trade Regulation Rule: ftcpublic.commentworks.com/ftc/ AGENCY: Centers for Disease Control and
FTC File No. R511929’’ on your mitorpra2, by following the instructions Prevention (CDC), Department of Health
comment. Your comment—including on the Web-based form. If this Notice and Human Services (DHHS).
your name and your state—will be appears at http://www.regulations.gov, ACTION: This notice announces the
placed on the public record of this you also may file a comment through Centers for Disease Control and
proceeding, including, to the extent that Web site. Prevention’s (CDC) intent to fund the
practicable, on the public Commission If you file your comment on paper, Puerto Rico Department of Health with
Web site, at http://www.ftc.gov/os/ write ‘‘Mail, Internet, or Telephone Prevention and Public Health Funds
publiccomments.shtm. As a matter of Order Merchandise Trade Regulation (PPHF).
discretion, the Commission tries to Rule: FTC File No. R511929’’ on your
remove individuals’ home contact comment and on the envelope, and mail PPHF 2016: Epidemiology and
information from comments before or deliver it to the following address: Laboratory Capacity Program—
placing them on the Commission Web Federal Trade Commission, Office of the Emergency Funding for Puerto Rico
site. Secretary, 600 Pennsylvania Avenue Department of Health, Zika virus
Because your comment will be made NW., Suite CC–5610 (Annex J), Outbreak for Infectious Diseases (ELC)—
public, you are solely responsible for Washington, DC 20580, or deliver your financed solely by Prevention and
making sure that your comment does comment to the following address: Public Health Funds.
not include any sensitive personal Federal Trade Commission, Office of the FOA Number: CDC–RFA–CK14–
information, such as anyone’s Social Secretary, Constitution Center, 400 7th 140103CONTPPHF2016.
Security number, date of birth, driver’s Street SW., 5th Floor, Suite 5610 SUMMARY: The U.S. Centers for Disease
license number or other state (Annex J), Washington, DC 20024. If Control and Prevention (CDC) is
identification number or foreign country possible, submit your paper comment to providing $3,700,000 in urgent funding
equivalent, passport number, financial the Commission by courier or overnight through the Epidemiology and
service.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
account number, or credit or debit card Laboratory Capacity for Infectious
The FTC Act and other laws that the Diseases (ELC) Cooperative Agreement
1 This is the mean hourly income for workers in Commission administers permit the to the Puerto Rico Department of Health
sales and related occupations according to the latest collection of public comments to (PRDOH) to combat the current outbreak
figures from the Department of Commerce’s Bureau consider and use in this proceeding as of Zika virus.
of Labor Statistics. See Table 1, National appropriate. The Commission will
employment and wage data from the Occupational
consider all timely and responsive Project Description
Employment Statistics survey by occupation, May
2015, at http://www.bls.gov/news.release/ public comments that it receives on or Puerto Rico is experiencing an
ocwage.t01.htm. before May 12, 2016. You can find more approximate doubling of confirmed Zika
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Document Created: 2016-04-12 00:47:10
Document Modified: 2016-04-12 00:47:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comment. | |
| Dates | Comments must be received by May 12, 2016. | |
| Contact | Requests for additional information or | |
| FR Citation | 81 FR 21549 |
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