81 FR 33255 - Agency Information Collection Activities; Proposed Collection; Comment Request
FEDERAL TRADE COMMISSION Federal Register Volume 81, Issue 101 (May 25, 2016)
Federal Register Volume 81, Issue 101 (May 25, 2016)
| Page Range | 33255-33257 | |
| FR Document | 2016-12330 |
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)] [Notices] [Pages 33255-33257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12330] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request AGENCY: Federal Trade Commission (FTC or Commission). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act (PRA). The FTC seeks public comments on its proposal to extend, for three years, the current PRA clearance for information collection requirements contained in the Prescreen Opt-Out Notice Rule (``Prescreen Opt-Out Rule'' or ``Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the provisions (subpart F) of the CFPB's Regulation V regarding other entities (``CFPB Rule''). This clearance expires on October 31, 2016. DATES: Comments must be received on or before July 25, 2016. ADDRESSES: Interested parties may file a comment online or on paper by following the instructions in the Request for Comments part of the SUPPLEMENTARY INFORMATION section below. Write ``Prescreen Opt-Out Disclosure Rule: FTC File No. P075417'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/prescreenoptoutpra 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 copies of the collection of information and supporting documentation should be addressed Karen Jagielski, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., CC-8232, Washington, DC 20580, (202) 326-2509. SUPPLEMENTARY INFORMATION: On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'').\1\ The Dodd-Frank Act substantially changed the federal legal framework for financial services providers. Among the changes, the Dodd-Frank Act transferred to the CFPB most of the FTC's rulemaking authority for the prescreen opt-out provisions of the Fair Credit Reporting [[Page 33256]] Act (``FCRA''),\2\ on July 21, 2011.\3\ For certain other portions of the FCRA, the FTC retains its full rulemaking authority.\4\ --------------------------------------------------------------------------- \1\ Public Law 111-203, 124 Stat. 1376 (2010). \2\ 15 U.S.C. 1681 et seq. \3\ Dodd-Frank Act, at section 1061. This date was the ``designated transfer date'' established by the Treasury Department under the Dodd-Frank Act. See Dep't of the Treasury, Bureau of Consumer Financial Protection; Designated Transfer Date, 75 FR 57252, 57253 (Sept. 20, 2010); see also Dodd-Frank Act, at section 1062. \4\ The Dodd-Frank Act does not transfer to the CFPB rulemaking authority for FCRA sections 615(e) (``Red Flag Guidelines and Regulations Required'') and 628 (``Disposal of Records''). See 15 U.S.C. 1681s(e); Public Law 111-203, section 1088(a)(10)(E). Accordingly, the Commission retains full rulemaking authority for its ``Identity Theft Rules,'' 16 CFR part 681, and its rules governing ``Disposal of Consumer Report Information and Records,'' 16 CFR part 682. See 15 U.S.C. 1681m, 1681w. --------------------------------------------------------------------------- The FTC retains rulemaking authority for its Prescreen Opt-Out Rule, 16 CFR part 642, solely for motor vehicle dealers described in section 1029(a) of the Dodd-Frank Act that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.\5\ --------------------------------------------------------------------------- \5\ See Dodd-Frank Act, at section 1029 (a), (c). --------------------------------------------------------------------------- On December 21, 2011, the CFPB issued its interim final FCRA rule, including the prescreen opt-out provisions (subpart F) of CFPB's Regulation V.\6\ Contemporaneous with that issuance, the CFPB and FTC had each submitted to OMB, and received its approval for, the agencies' respective burden estimates reflecting their overlapping enforcement jurisdiction, with the FTC supplementing its estimates for the enforcement authority exclusive to it regarding the class of motor vehicle dealers noted above. The discussion in the Burden Statement below, following preliminary background information, continues that analytical framework, as appropriately updated or otherwise refined for instant purposes. --------------------------------------------------------------------------- \6\ 76 FR 79308 (Dec. 21, 2011). Subpart F of the interim final rule became effective on December 30, 2011, and is codified at 12 CFR 1022.54. --------------------------------------------------------------------------- Background Section 615(d) of the Fair Credit Reporting Act (``FCRA''), 15 U.S.C. 1681m(d)(1), requires that any person who uses a consumer report in order to make an unsolicited firm offer of credit or insurance to the consumer, shall provide with each written solicitation a clear and conspicuous statement that: (A) Information contained in the consumer's consumer report was used in connection with the transaction; (B) the consumer received the offer of credit or insurance because the consumer satisfied the criteria for credit worthiness or insurability under which the consumer was selected for the offer; (C) if applicable, the credit or insurance may not be extended if, after the consumer responds to the offer, the consumer does not meet the criteria used to select the consumer for the offer or any applicable criteria bearing on credit worthiness or insurability or does not furnish any required collateral; (D) the consumer has a right to prohibit information contained in the consumer's file with any consumer reporting agency from being used in connection with any credit or insurance transaction that is not initiated by the consumer; and (E) the consumer may exercise the right referred to in subparagraph (D) by notifying a notification system established under section 604(e) [of the FCRA]. Section 615(d)(1) of the FCRA [15 U.S.C. 1681m(d)(1)]. Section 615(d) of the FCRA requires further that the disclosure statement ``be presented in such format and in such type size and manner as to be simple and easy to understand, as established by the [CFPB], by rule, in consultation with the [FTC], Federal banking agencies and the National Credit Union Administration.'' Section 642.3 of the FTC Rule \7\ and section 1022.54 \8\ of the CFPB Rule implement this requirement by establishing a ``layered'' notice approach that requires a short, simple, and easy-to-understand statement of consumers' opt-out rights on the first page of the prescreened solicitation, along with a longer statement containing additional details elsewhere in the solicitation. Specifically, the Rule required that a short notice be placed on the front side of the first page of the principal promotional document in the solicitation, or, if provided electronically, on the same page and in close proximity to the principal marketing message. The Rule specifies that the type size be larger than the type size of the principal text on the same page, but in no event smaller than 12-point type, or if provided by electronic means, then reasonable steps shall be taken to ensure that the type size is larger than the type size of the principal text on the same page. The Rule further provides that the long notice, that appears elsewhere in the solicitation, be in a type size that is no smaller than the type size of the principal text on the same page, but in no event smaller than 8-point type. The long notice shall begin with a heading in capital letters and underlined, and identifying the long notice as the ``PRESCREEN & OPT-OUT NOTICE'' in a type style that is distinct from the principal type style used on the same page and be set apart from other text on the page. The Rule also includes model notices in English and Spanish. --------------------------------------------------------------------------- \7\ 16 CFR 642.3. \8\ 12 CFR 1022.54. --------------------------------------------------------------------------- Under the Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501-3520, federal agencies must get OMB approval for each collection of information they conduct, sponsor, or require. ``Collection of information'' means agency requests or requirements to submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing PRA clearance for the information collection requirements associated with the Commission's rules and regulations under the Prescreen Opt-Out Notice Rule, 16 CFR part 642 (OMB Control Number 3084-0132). The FTC invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond. All comments must be received on or before July 25, 2016. Burden Statement The FTC is seeking clearance for its assumed share of the estimated PRA burden regarding the disclosure requirements under the FTC and CFPB Rules. The current FTC apportionment of its share of PRA burden is the following: Total Number of Respondents: 499. Total Burden Hours: 998. Total Labor Costs: $249,500. Total Capital/Non-Labor Costs: $0. These figures were determined as follows: A. Number of Respondents FTC staff estimates that between 500 and 750 entities make prescreened solicitations. Staff conservatively assumed the high-end of this range for further apportioning. From the total of 750 respondents, FTC staff assumed a 33% ``carve-out'' \9\ to the FTC for the [[Page 33257]] above-noted motor vehicle dealers. This resulted in an estimate of 248 motor vehicle dealers subject to the FTC's jurisdiction. After deducting the latter figure from the total of 750 respondents, 502 respondents were left to divide 50:50 between the agencies. With rounding, the FTC apportioned 251 of those respondents to its burden estimates; adding to that the estimated total of 248 motor vehicle dealers resulted in 499 respondents for the FTC. --------------------------------------------------------------------------- \9\ For purposes of estimating its motor vehicle dealer furnisher carve-out, the FTC has assumed that 33% of the respondents constitute the number of motor vehicle dealers over which the FTC retains exclusive jurisdiction under the Dodd-Frank Act. To derive this 33% estimate, FTC staff divided an estimated number of car dealers--62,750 (based on industry data for the number of franchise/ new car and independent/used car dealers) by 199,500 (Commission staff's PRA estimate of the number of entities that extend credit to consumers subject to FTC jurisdiction under the FCRA, pre-Dodd- Frank, for the Risk-Based Pricing regulations, as detailed at 75 FR 2724, 2748 n.18 (Jan. 15, 2010)). This came out to 31%. Staff increased this amount to 33% to account for other motor vehicle dealer types (motorbikes, boats, other recreational) also covered within the definition of ``motor vehicle dealer'' under section 1029(a) of the Dodd-Frank Act. --------------------------------------------------------------------------- B. FTC Share of Burden Hours: 998 Hours Staff assumed that respondents will each spend approximately 2 hours to monitor compliance with the Rule. Thus, 499 respondents for the FTC multiplied by the two hour estimate per respondent resulted in 998 burden hours apportioned to the FTC. C. FTC Share of Labor Costs: $249,500 Staff assumed that in-house legal counsel for respondents would handle most of the compliance review, and at an estimated average hourly wage of $250 per hour. D. Capital/Non-Labor Costs: $0 Assumption: Capital and other nonlabor costs should be minimal, at most, since the Rule has been in effect several years, with covered entities now equipped to provide the required notice. Based on staff's review of industry data and its experience in this area, we have no information to suggest that these figures are not still valid. Request for Comments You can file a comment online or on paper. Write ``Prescreen Opt- Out Disclosure Rule: FTC File No. P075417'' 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 a 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, such as 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 must 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, in his or her sole discretion, 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, the Commission encourages you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/prescreenoptoutpra 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 ``Prescreen Opt-Out Disclosure Rule: FTC File No. P075417'' on your comment and on the envelope, and mail 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 July 25, 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.htm. David C. Shonka, Acting General Counsel. [FR Doc. 2016-12330 Filed 5-24-16; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Notices 33255
China (including Hong Kong), Taiwan, § 225.41 of the Board’s Regulation Y (12 submitted to the Office of Management
Vietnam, Singapore, Sri Lanka, Egypt, CFR 225.41) to acquire shares of a bank and Budget (OMB) for review, as
and Panama, on the other hand. or bank holding company. The factors required by the Paperwork Reduction
Agreement No.: 201233. that are considered in acting on the Act (PRA). The FTC seeks public
Title: Port Operations and Safety notices are set forth in paragraph 7 of comments on its proposal to extend, for
Discussion Agreement. the Act (12 U.S.C. 1817(j)(7)). three years, the current PRA clearance
Parties: The Georgia Ports Authority; The notices are available for for information collection requirements
The Port of Houston Authority; The immediate inspection at the Federal contained in the Prescreen Opt-Out
Massachusetts Port Authority; The Reserve Bank indicated. The notices Notice Rule (‘‘Prescreen Opt-Out Rule’’
North Carolina State Ports Authority; also will be available for inspection at or ‘‘Rule’’), which applies to certain
The South Carolina Ports Authority; The the offices of the Board of Governors. motor vehicle dealers, and its shared
Virginia Port Authority and Virginia Interested persons may express their enforcement with the Consumer
International Terminals, LLC; Ocean views in writing to the Reserve Bank Financial Protection Bureau (‘‘CFPB’’) of
Carrier Equipment Management indicated for that notice or to the offices the provisions (subpart F) of the CFPB’s
Association, Inc.; Ocean Common of the Board of Governors. Comments Regulation V regarding other entities
Carrier Parties in Their Individual must be received not later than June 10, (‘‘CFPB Rule’’). This clearance expires
Capacity and as Members of OCEMA: 2016. on October 31, 2016.
Maersk Line A/S; APL Co. Pte Ltd.; A. Federal Reserve Bank of Chicago DATES: Comments must be received on
American President Lines, Ltd.; CMA (Colette A. Fried, Assistant Vice or before July 25, 2016.
CGM S.A.; Cosco Container Lines President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414: ADDRESSES: Interested parties may file a
Company Limited; Evergreen Line Joint comment online or on paper by
1. Timothy D. Halvorson, St. Ansgar,
Service Agreement FMC No. 011982; following the instructions in the
Iowa, individually, and together as a
Hamburg-Sud; Alianca Navegacao e Request for Comments part of the
group acting in concert, with Cynthia C.
Logistica Ltda.; Hapag-Lloyd AG; SUPPLEMENTARY INFORMATION section
Carruthers, Fort Myers, Florida, Megan
Hapag-Lloyd USA LLC; Hyundai below. Write ‘‘Prescreen Opt-Out
E. Porisch, St. Ansgar, Iowa, and Erin K.
Merchant Marine Co., Ltd.; Mitsui Disclosure Rule: FTC File No. P075417’’
Tjaden, Huxley, Iowa, to acquire
O.S.K. Lines, Ltd.; Nippon Yusen on your comment, and file your
additional shares of St. Ansgar
Kaisha Line; Orient Overseas Container comment online at https://
Bancorporation, and thereby indirectly
Line Limited; Yang Ming Marine ftcpublic.commentworks.com/ftc/
retain control of St. Ansgar State Bank,
Transport Corp.; Kawasaki Kisen prescreenoptoutpra by following the
both in St. Ansgar, Iowa.
Kaisha, Ltd.; Atlantic Container Line; instructions on the web-based form. If
B. Federal Reserve Bank of
Zim Integrated Shipping Services; you prefer to file your comment on
Minneapolis (Jacquelyn K. Brunmeier,
Mediterranean Shipping Company, S.A.; paper, mail or deliver your comment to
Assistant Vice President) 90 Hennepin
United Arab Shipping Co.; Wan Hai the following address: Federal Trade
Avenue, Minneapolis, Minnesota
Lines Ltd. Commission, Office of the Secretary,
55480–0291:
Filing Party: Jeffrey F. Lawrence, Esq. 1. Duane E. Bowman, Bowman, North 600 Pennsylvania Avenue NW., Suite
and Donald J. Kassilke, Esq.; Cozen Dakota, to join a group acting in concert CC–5610 (Annex J), Washington, DC
O’Connor; 1200 Nineteenth Street, NW; with Susan Berglund, Bowman, North 20580, or deliver your comment to the
Washington, DC 20036. Dakota; Roger Berglund, Bowman, following address: Federal Trade
Synopsis: The Agreement would North Dakota; Gwenn Jones, Bowman, Commission, Office of the Secretary,
authorize the parties to exchange North Dakota; Wendy Jorgenson, Constitution Center, 400 7th Street SW.,
information, discuss, and reach Bismarck, North Dakota; and Bruce 5th Floor, Suite 5610 (Annex J),
voluntary, non-binding agreement on Bowman, Rhame, North Dakota; by Washington, DC 20024.
matters relating to rules, procedures, retaining voting shares of Dakota FOR FURTHER INFORMATION CONTACT:
programs, practices, terms and Western Bankshares, Inc., and thereby
conditions with respect to the Requests for copies of the collection of
indirectly retaining voting shares of information and supporting
organization, development, calculation, Dakota Western Bank, both in Bowman,
availability, transmission or use of documentation should be addressed
North Dakota. Karen Jagielski, Attorney, Division of
Verified Gross Mass data. The parties
have requested Expedited Review. Board of Governors of the Federal Reserve Privacy and Identity Protection, Bureau
System, May 19, 2016. of Consumer Protection, Federal Trade
By Order of the Federal Maritime Michele T. Fennell, Commission, 600 Pennsylvania Avenue
Commission. NW., CC–8232, Washington, DC 20580,
Assistant Secretary of the Board.
Dated: May 20, 2016.
[FR Doc. 2016–12264 Filed 5–24–16; 8:45 am] (202) 326–2509.
Karen V. Gregory,
BILLING CODE 6210–01–P SUPPLEMENTARY INFORMATION:
Secretary.
On July 21, 2010, President Obama
[FR Doc. 2016–12327 Filed 5–24–16; 8:45 am]
signed into law the Dodd-Frank Wall
BILLING CODE 6731–AA–P
FEDERAL TRADE COMMISSION Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’).1 The Dodd-
Agency Information Collection Frank Act substantially changed the
FEDERAL RESERVE SYSTEM Activities; Proposed Collection; federal legal framework for financial
mstockstill on DSK3G9T082PROD with NOTICES
Comment Request services providers. Among the changes,
Change in Bank Control Notices;
AGENCY: Federal Trade Commission the Dodd-Frank Act transferred to the
Acquisitions of Shares of a Bank or
(FTC or Commission). CFPB most of the FTC’s rulemaking
Bank Holding Company
authority for the prescreen opt-out
ACTION: Notice.
The notificants listed below have provisions of the Fair Credit Reporting
applied under the Change in Bank SUMMARY: The information collection
Control Act (12 U.S.C. 1817(j)) and requirements described below will be 1 Public Law 111–203, 124 Stat. 1376 (2010).
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![33256 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Notices
Act (‘‘FCRA’’),2 on July 21, 2011.3 For under which the consumer was selected for includes model notices in English and
certain other portions of the FCRA, the the offer; (C) if applicable, the credit or Spanish.
FTC retains its full rulemaking insurance may not be extended if, after the Under the Paperwork Reduction Act
authority.4 consumer responds to the offer, the consumer (‘‘PRA’’), 44 U.S.C. 3501–3520, federal
The FTC retains rulemaking authority does not meet the criteria used to select the
agencies must get OMB approval for
consumer for the offer or any applicable
for its Prescreen Opt-Out Rule, 16 CFR criteria bearing on credit worthiness or each collection of information they
part 642, solely for motor vehicle insurability or does not furnish any required conduct, sponsor, or require.
dealers described in section 1029(a) of collateral; (D) the consumer has a right to ‘‘Collection of information’’ means
the Dodd-Frank Act that are prohibit information contained in the agency requests or requirements to
predominantly engaged in the sale and consumer’s file with any consumer reporting submit reports, keep records, or provide
servicing of motor vehicles, the leasing agency from being used in connection with information to a third party. 44 U.S.C.
and servicing of motor vehicles, or any credit or insurance transaction that is not 3502(3); 5 CFR 1320.3(c). As required by
both.5 initiated by the consumer; and (E) the section 3506(c)(2)(A) of the PRA, the
On December 21, 2011, the CFPB consumer may exercise the right referred to
FTC is providing this opportunity for
issued its interim final FCRA rule, in subparagraph (D) by notifying a
notification system established under section public comment before requesting that
including the prescreen opt-out 604(e) [of the FCRA]. Section 615(d)(1) of the OMB extend the existing PRA clearance
provisions (subpart F) of CFPB’s FCRA [15 U.S.C. 1681m(d)(1)]. for the information collection
Regulation V.6 Contemporaneous with requirements associated with the
that issuance, the CFPB and FTC had Section 615(d) of the FCRA requires
Commission’s rules and regulations
each submitted to OMB, and received its further that the disclosure statement ‘‘be
under the Prescreen Opt-Out Notice
approval for, the agencies’ respective presented in such format and in such
Rule, 16 CFR part 642 (OMB Control
burden estimates reflecting their type size and manner as to be simple
Number 3084–0132).
overlapping enforcement jurisdiction, and easy to understand, as established
The FTC invites comments on: (1)
with the FTC supplementing its by the [CFPB], by rule, in consultation
Whether the proposed collection of
estimates for the enforcement authority with the [FTC], Federal banking
information is necessary for the proper
exclusive to it regarding the class of agencies and the National Credit Union
performance of the functions of the
motor vehicle dealers noted above. The Administration.’’
agency, including whether the
discussion in the Burden Statement Section 642.3 of the FTC Rule 7 and
information will have practical utility;
below, following preliminary section 1022.54 8 of the CFPB Rule
(2) the accuracy of the agency’s estimate
background information, continues that implement this requirement by
of the burden of the proposed collection
analytical framework, as appropriately establishing a ‘‘layered’’ notice
of information, including the validity of
updated or otherwise refined for instant approach that requires a short, simple,
the methodology and assumptions used;
purposes. and easy-to-understand statement of
(3) ways to enhance the quality, utility,
consumers’ opt-out rights on the first
Background and clarity of the information to be
page of the prescreened solicitation,
collected; and (4) ways to minimize the
Section 615(d) of the Fair Credit along with a longer statement
burden of the collection of information
Reporting Act (‘‘FCRA’’), 15 U.S.C. containing additional details elsewhere
on those who are to respond. All
1681m(d)(1), requires that any person in the solicitation. Specifically, the Rule
comments must be received on or before
who uses a consumer report in order to required that a short notice be placed on
July 25, 2016.
make an unsolicited firm offer of credit the front side of the first page of the
or insurance to the consumer, shall principal promotional document in the Burden Statement
provide with each written solicitation a solicitation, or, if provided The FTC is seeking clearance for its
clear and conspicuous statement that: electronically, on the same page and in assumed share of the estimated PRA
close proximity to the principal burden regarding the disclosure
(A) Information contained in the
consumer’s consumer report was used in marketing message. The Rule specifies requirements under the FTC and CFPB
connection with the transaction; (B) the that the type size be larger than the type Rules.
consumer received the offer of credit or size of the principal text on the same The current FTC apportionment of its
insurance because the consumer satisfied the page, but in no event smaller than 12- share of PRA burden is the following:
criteria for credit worthiness or insurability point type, or if provided by electronic Total Number of Respondents: 499.
means, then reasonable steps shall be Total Burden Hours: 998.
2 15 U.S.C. 1681 et seq. taken to ensure that the type size is Total Labor Costs: $249,500.
3 Dodd-Frank Act, at section 1061. This date was larger than the type size of the principal Total Capital/Non-Labor Costs: $0.
the ‘‘designated transfer date’’ established by the
Treasury Department under the Dodd-Frank Act. text on the same page. The Rule further These figures were determined as
See Dep’t of the Treasury, Bureau of Consumer provides that the long notice, that follows:
Financial Protection; Designated Transfer Date, 75 appears elsewhere in the solicitation, be
FR 57252, 57253 (Sept. 20, 2010); see also Dodd- in a type size that is no smaller than the A. Number of Respondents
Frank Act, at section 1062.
4 The Dodd-Frank Act does not transfer to the
type size of the principal text on the FTC staff estimates that between 500
CFPB rulemaking authority for FCRA sections same page, but in no event smaller than and 750 entities make prescreened
615(e) (‘‘Red Flag Guidelines and Regulations 8-point type. The long notice shall begin solicitations. Staff conservatively
Required’’) and 628 (‘‘Disposal of Records’’). See 15 with a heading in capital letters and assumed the high-end of this range for
U.S.C. 1681s(e); Public Law 111–203, section further apportioning. From the total of
1088(a)(10)(E). Accordingly, the Commission
underlined, and identifying the long
mstockstill on DSK3G9T082PROD with NOTICES
retains full rulemaking authority for its ‘‘Identity notice as the ‘‘PRESCREEN & OPT–OUT 750 respondents, FTC staff assumed a
Theft Rules,’’ 16 CFR part 681, and its rules NOTICE’’ in a type style that is distinct 33% ‘‘carve-out’’ 9 to the FTC for the
governing ‘‘Disposal of Consumer Report from the principal type style used on
Information and Records,’’ 16 CFR part 682. See 15 9 For purposes of estimating its motor vehicle
U.S.C. 1681m, 1681w.
the same page and be set apart from
dealer furnisher carve-out, the FTC has assumed
5 See Dodd-Frank Act, at section 1029 (a), (c). other text on the page. The Rule also that 33% of the respondents constitute the number
6 76 FR 79308 (Dec. 21, 2011). Subpart F of the of motor vehicle dealers over which the FTC retains
7 16 CFR 642.3.
interim final rule became effective on December 30, exclusive jurisdiction under the Dodd-Frank Act.
2011, and is codified at 12 CFR 1022.54. 8 12 CFR 1022.54. To derive this 33% estimate, FTC staff divided an
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![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Notices 33257
above-noted motor vehicle dealers. This Because your comment will be made The FTC Act and other laws that the
resulted in an estimate of 248 motor public, you are solely responsible for Commission administers permit the
vehicle dealers subject to the FTC’s making sure that your comment does collection of public comments to
jurisdiction. After deducting the latter not include any sensitive personal consider and use in this proceeding as
figure from the total of 750 respondents, information, such as a Social Security appropriate. The Commission will
502 respondents were left to divide number, date of birth, driver’s license consider all timely and responsive
50:50 between the agencies. With number or other state identification public comments that it receives on or
rounding, the FTC apportioned 251 of number or foreign country equivalent, before July 25, 2016. You can find more
those respondents to its burden passport number, financial account information, including routine uses
estimates; adding to that the estimated number, or credit or debit card number. permitted by the Privacy Act, in the
total of 248 motor vehicle dealers You are also solely responsible for Commission’s privacy policy, at http://
resulted in 499 respondents for the FTC. making sure that your comment does www.ftc.gov/ftc/privacy.htm.
not include any sensitive health David C. Shonka,
B. FTC Share of Burden Hours: 998
information, such as medical records or
Hours Acting General Counsel.
other individually identifiable health
Staff assumed that respondents will [FR Doc. 2016–12330 Filed 5–24–16; 8:45 am]
information. In addition, do not include
each spend approximately 2 hours to BILLING CODE 6750–01–P
any ‘‘[t]rade secret or any commercial or
monitor compliance with the Rule. financial information which is . . .
Thus, 499 respondents for the FTC privileged or confidential,’’ as discussed
multiplied by the two hour estimate per in Section 6(f) of the FTC Act, 15 U.S.C. DEPARTMENT OF HEALTH AND
respondent resulted in 998 burden 46(f), and FTC Rule 4.10(a)(2), 16 CFR HUMAN SERVICES
hours apportioned to the FTC. 4.10(a)(2). In particular, do not include
Centers for Medicare & Medicaid
C. FTC Share of Labor Costs: $249,500 competitively sensitive information
Services
such as costs, sales statistics,
Staff assumed that in-house legal inventories, formulas, patterns, devices, [Document Identifier: CMS–10418]
counsel for respondents would handle manufacturing processes, or customer
most of the compliance review, and at names. Agency Information Collection
an estimated average hourly wage of If you want the Commission to give Activities: Submission for OMB
$250 per hour. your comment confidential treatment, Review; Comment Request
D. Capital/Non-Labor Costs: $0 you must file it in paper form, with a ACTION: Notice.
request for confidential treatment, and
Assumption: Capital and other you must follow the procedure SUMMARY: The Centers for Medicare &
nonlabor costs should be minimal, at explained in FTC Rule 4.9(c), 16 CFR Medicaid Services (CMS) is announcing
most, since the Rule has been in effect 4.9(c). Your comment will be kept an opportunity for the public to
several years, with covered entities now confidential only if the FTC General comment on CMS’ intention to collect
equipped to provide the required notice. Counsel, in his or her sole discretion, information from the public. Under the
Based on staff’s review of industry grants your request in accordance with Paperwork Reduction Act of 1995
data and its experience in this area, we the law and the public interest. Postal (PRA), federal agencies are required to
have no information to suggest that mail addressed to the Commission is publish a notice in the Federal Register
these figures are not still valid. subject to delay due to heightened concerning each proposed collection of
Request for Comments security screening. As a result, the information, including each proposed
Commission encourages you to submit extension or reinstatement of an existing
You can file a comment online or on collection of information, and to allow
your comments online. To make sure
paper. Write ‘‘Prescreen Opt-Out a second opportunity for public
that the Commission considers your
Disclosure Rule: FTC File No. P075417’’ comment on the notice. Interested
online comment, you must file it at
on your comment. Your comment— persons are invited to send comments
https://ftcpublic.commentworks.com/
including your name and your state— regarding the burden estimate or any
ftc/prescreenoptoutpra by following the
will be placed on the public record of other aspect of this collection of
instructions on the web-based form. If
this proceeding, including, to the extent information, including any of the
this Notice appears at http://
practicable, on the public Commission following subjects: (1) the necessity and
www.regulations.gov, you also may file
Web site, at http://www.ftc.gov/os/ utility of the proposed information
a comment through that Web site.
publiccomments.shtm. As a matter of collection for the proper performance of
discretion, the Commission tries to If you file your comment on paper,
write ‘‘Prescreen Opt-Out Disclosure the agency’s functions; (2) the accuracy
remove individuals’ home contact of the estimated burden; (3) ways to
information from comments before Rule: FTC File No. P075417’’ on your
comment and on the envelope, and mail enhance the quality, utility, and clarity
placing them on the Commission Web of the information to be collected; and
site. it to the following address: Federal
Trade Commission, Office of the (4) the use of automated collection
Secretary, 600 Pennsylvania Avenue techniques or other forms of information
estimated number of car dealers—62,750 (based on
industry data for the number of franchise/new car NW., Suite CC–5610, (Annex J), technology to minimize the information
and independent/used car dealers) by 199,500 Washington, DC 20580, or deliver your collection burden.
(Commission staff’s PRA estimate of the number of comment to the following address: DATES: Comments on the collection(s) of
mstockstill on DSK3G9T082PROD with NOTICES
entities that extend credit to consumers subject to information must be received by the
FTC jurisdiction under the FCRA, pre-Dodd-Frank,
Federal Trade Commission, Office of the
for the Risk-Based Pricing regulations, as detailed Secretary, Constitution Center, 400 7th OMB desk officer by June 24, 2016.
at 75 FR 2724, 2748 n.18 (Jan. 15, 2010)). This came Street SW., 5th Floor, Suite 5610, ADDRESSES: When commenting on the
out to 31%. Staff increased this amount to 33% to (Annex J), Washington, DC 20024. If proposed information collections,
account for other motor vehicle dealer types
(motorbikes, boats, other recreational) also covered
possible, submit your paper comment to please reference the document identifier
within the definition of ‘‘motor vehicle dealer’’ the Commission by courier or overnight or OMB control number. To be assured
under section 1029(a) of the Dodd-Frank Act. service. consideration, comments and
VerDate Sep<11>2014 20:19 May 24, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1](https://thefederalregister.org/doc/81_FR_33356/page/3.svg)
Document Created: 2018-02-07 15:03:27
Document Modified: 2018-02-07 15:03:27
| 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. | |
| Dates | Comments must be received on or before July 25, 2016. | |
| Contact | Requests for copies of the collection | |
| FR Citation | 81 FR 33255 |
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