81 FR 5750 - Agency Information Collection Activities; Submission for OMB Review; Comment Request
FEDERAL TRADE COMMISSION Federal Register Volume 81, Issue 22 (February 3, 2016)
Federal Register Volume 81, Issue 22 (February 3, 2016)
| Page Range | 5750-5751 | |
| FR Document | 2016-01975 |
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)] [Notices] [Pages 5750-5751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01975] ======================================================================= ----------------------------------------------------------------------- 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 Office of Management and Budget (OMB) to extend for three years the current PRA clearance for the information collection requirements contained in the Health Breach Notification Rule. That clearance expires on March 31, 2016. DATES: Comments must be received by March 4, 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 ``Health Breach Notification Rule, PRA Comments, P-125402'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/healthbreachnotificationpra2 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 Cora Tung Han, 202-326-2441, Attorney, Privacy & Identity Protection, Bureau of Consumer Protection, 600 Pennsylvania Ave. NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Title: Health Breach Notification Rule. OMB Control Number: 3084-0150. Type of Review: Extension of a currently approved collection. Abstract: The Health Breach Notification Rule (Rule), 16 CFR part 318, requires vendors of personal health records and PHR related entities \1\ to provide: (1) Notice to consumers whose unsecured personally identifiable health information has been breached; and (2) notice to the Commission. The Rule only applies to electronic health records and does not include recordkeeping requirements. The Rule requires third party service providers (i.e., those companies that provide services such as billing or data storage) to vendors of personal health records and PHR related entities to provide notification to such vendors and PHR related entities following the discovery of a breach. To notify the FTC of a breach, the Commission developed a form, which is posted at www.ftc.gov/healthbreach, for entities subject to the rule to complete and return to the agency. --------------------------------------------------------------------------- \1\ ``PHR related entity'' means an entity, other than a HIPAA- covered entity or an entity to the extent that it engages in activities as a business associate of a HIPAA-covered entity, that: (1) Offers products or services through the Web site of a vendor of personal health records; (2) offers products or services through the Web sites of HIPAA-covered entities that offer individuals personal health records; or (3) accesses information in a personal health record or sends information to a personal health record. 16 CFR 318.2(f). --------------------------------------------------------------------------- On October 16, 2015, the FTC sought comment on the information collection requirements associated with the Rule. 80 FR 62530. The FTC received three comments. None of these however addressed either the burden associated with the Rule or any of the other issues raised by the public comment request. Pursuant to the OMB regulations, 5 CFR part 1320, that implement the PRA, 44 U.S.C. 3501 et seq., the FTC is providing this second opportunity for public comment while seeking OMB approval to renew the pre-existing clearance for the Rule. For more details about the Rule requirements and the basis for the calculations summarized below, see 80 FR 62530. Likely Respondents: Vendors of personal health records, PHR related entities and third party service providers. Estimated Annual Hours Burden: 3,267. Estimated Frequency: 2 breach incidents per year. Total Annual Labor Cost: $61,764. Total Annual Capital or Other Non-Labor Cost: $49,960. 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 March 4, 2016. Write ``Health Breach Notification Rule, PRA Comments, P-125402'' 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. [[Page 5751]] 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/healthbreachnotificationpra2, 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 ``Health Breach Notification Rule, PRA Comments, P-125402'' 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 March 4, 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. 2016-01975 Filed 2-2-16; 8:45 am] BILLING CODE 6750-01-P
![5750 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
production information required by your comment online at https:// addressed either the burden associated
Section 7(c) of FIFRA. ftcpublic.commentworks.com/ftc/health with the Rule or any of the other issues
Establishment registration breachnotificationpra2 by following the raised by the public comment request.
information, collected on EPA Form instructions on the web-based form. If Pursuant to the OMB regulations, 5 CFR
3540–8, is a one-time requirement for all you prefer to file your comment on part 1320, that implement the PRA, 44
pesticide-producing and device- paper, mail or deliver your comment to U.S.C. 3501 et seq., the FTC is providing
producing establishments. Pesticide and the following address: Federal Trade this second opportunity for public
device production information, reported Commission, Office of the Secretary, comment while seeking OMB approval
on EPA Form 3540–16, is required to be 600 Pennsylvania Avenue NW., Suite to renew the pre-existing clearance for
submitted within 30 days after the CC–5610 (Annex J), Washington, DC the Rule. For more details about the
company is notified of their pesticide- 20580, or deliver your comment to the Rule requirements and the basis for the
producing or device-producing following address: Federal Trade calculations summarized below, see 80
establishment number, and annually Commission, Office of the Secretary, FR 62530.
thereafter on or before March 1st. Constitution Center, 400 7th Street SW., Likely Respondents: Vendors of
Form Numbers: 3540–8 and 3540–16. 5th Floor, Suite 5610 (Annex J), personal health records, PHR related
Respondents/affected entities: Washington, DC 20024. entities and third party service
Establishments registering pesticides. FOR FURTHER INFORMATION CONTACT:
providers.
Respondent’s obligation to respond: Estimated Annual Hours Burden:
Requests for additional information or
Mandatory (40 CFR part 167). 3,267.
copies of the proposed information Estimated Frequency: 2 breach
Estimated number of respondents: requirements should be addressed to
13,830. incidents per year.
Cora Tung Han, 202–326–2441, Total Annual Labor Cost: $61,764.
Frequency of response: Annually. Attorney, Privacy & Identity Protection,
Total estimated burden: 19,987 hours Total Annual Capital or Other Non-
Bureau of Consumer Protection, 600 Labor Cost: $49,960.
(per year). Burden is defined at 5 CFR Pennsylvania Ave. NW., Washington, Request for Comment: You can file a
1320.03(b). DC 20580. comment online or on paper. For the
Total estimated cost: $1,545,104 (per
SUPPLEMENTARY INFORMATION: Commission to consider your comment,
year), includes no annualized capital or
Title: Health Breach Notification Rule. we must receive it on or before March
operation & maintenance costs.
OMB Control Number: 3084–0150. 4, 2016. Write ‘‘Health Breach
Changes in Estimates: There is no
Type of Review: Extension of a Notification Rule, PRA Comments, P–
change in hours at present, but we will
currently approved collection. 125402’’ on your comment. Your
be revising the estimates in the 2nd FR
Abstract: The Health Breach comment—including your name and
notice before we submit to OMB.
Notification Rule (Rule), 16 CFR part your state—will be placed on the public
Dated: January 28, 2016. 318, requires vendors of personal health record of this proceeding, including, to
Betsy Smidinger, records and PHR related entities 1 to the extent practicable, on the public
Acting Director, Office of Compliance. provide: (1) Notice to consumers whose Commission Web site, at http://
[FR Doc. 2016–01994 Filed 2–2–16; 8:45 am] unsecured personally identifiable health www.ftc.gov/os/publiccomments.shtm.
BILLING CODE 6560–50–P information has been breached; and (2) As a matter of discretion, the
notice to the Commission. The Rule Commission tries to remove individuals’
only applies to electronic health records home contact information from
FEDERAL TRADE COMMISSION and does not include recordkeeping comments before placing them on the
requirements. The Rule requires third Commission Web site.
Agency Information Collection party service providers (i.e., those Because your comment will be made
Activities; Submission for OMB companies that provide services such as public, you are solely responsible for
Review; Comment Request billing or data storage) to vendors of making sure that your comment does
personal health records and PHR related not include any sensitive personal
AGENCY: Federal Trade Commission. entities to provide notification to such information, such as anyone’s Social
ACTION: Notice and request for comment. vendors and PHR related entities Security number, date of birth, driver’s
following the discovery of a breach. To license number or other state
SUMMARY: In compliance with the notify the FTC of a breach, the identification number or foreign country
Paperwork Reduction Act (PRA) of Commission developed a form, which is equivalent, passport number, financial
1995, the FTC is seeking public posted at www.ftc.gov/healthbreach, for account number, or credit or debit card
comments on its request to Office of entities subject to the rule to complete number. You are also solely responsible
Management and Budget (OMB) to and return to the agency. for making sure that your comment does
extend for three years the current PRA On October 16, 2015, the FTC sought not include any sensitive health
clearance for the information collection comment on the information collection information, like medical records or
requirements contained in the Health requirements associated with the Rule. other individually identifiable health
Breach Notification Rule. That clearance 80 FR 62530. The FTC received three information. In addition, do not include
expires on March 31, 2016. comments. None of these however any ‘‘[t]rade secret or any commercial or
DATES: Comments must be received by financial information which is . . .
March 4, 2016. 1 ‘‘PHR related entity’’ means an entity, other than privileged or confidential,’’ as discussed
a HIPAA-covered entity or an entity to the extent
mstockstill on DSK4VPTVN1PROD with NOTICES
ADDRESSES: Interested parties may file a in Section 6(f) of the FTC Act, 15 U.S.C.
that it engages in activities as a business associate
comment online or on paper by of a HIPAA-covered entity, that: (1) Offers products
46(f), and FTC Rule 4.10(a)(2), 16 CFR
following the instructions in the or services through the Web site of a vendor of 4.10(a)(2). In particular, do not include
Request for Comment part of the personal health records; (2) offers products or competitively sensitive information
SUPPLEMENTARY INFORMATION section services through the Web sites of HIPAA-covered such as costs, sales statistics,
entities that offer individuals personal health
below. Write ‘‘Health Breach records; or (3) accesses information in a personal
inventories, formulas, patterns, devices,
Notification Rule, PRA Comments, P– health record or sends information to a personal manufacturing processes, or customer
125402’’ on your comment, and file health record. 16 CFR 318.2(f). names.
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![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 5751
If you want the Commission to give are subject to delays due to heightened SUPPLEMENTARY INFORMATION: Pursuant
your comment confidential treatment, security precautions. Thus, comments to section 6(f) of the Federal Trade
you must file it in paper form, with a instead should be sent by facsimile to Commission Act, 15 U.S.C. 46(f), and
request for confidential treatment, and (202) 395–5167. FTC Rule 2.34, 16 CFR 2.34, notice is
you are required to follow the procedure hereby given that the above-captioned
Christian S. White,
explained in FTC Rule 4.9(c), 16 CFR consent agreement containing consent
4.9(c). Your comment will be kept Deputy General Counsel. order to cease and desist, having been
confidential only if the FTC General [FR Doc. 2016–01975 Filed 2–2–16; 8:45 am] filed with and accepted, subject to final
Counsel grants your request in BILLING CODE 6750–01–P approval, by the Commission, has been
accordance with the law and the public placed on the public record for a period
interest. of thirty (30) days. The following
Postal mail addressed to the FEDERAL TRADE COMMISSION Analysis to Aid Public Comment
Commission is subject to delay due to [File No. 152–3104] describes the terms of the consent
heightened security screening. As a agreement, and the allegations in the
result, we encourage you to submit your Jim Koons Management Company; complaint. An electronic copy of the
comment online, or to send it to the Analysis of Proposed Consent Order full text of the consent agreement
Commission by courier or overnight To Aid Public Comment package can be obtained from the FTC
service. To make sure that the Home Page (for January 28, 2016), on
Commission considers your online AGENCY: Federal Trade Commission. the World Wide Web at: http://
comment, you must file it at https:// ACTION: Proposed Consent Agreement. www.ftc.gov/os/actions.shtm.
ftcpublic.commentworks.com/ftc/ You can file a comment online or on
healthbreachnotificationpra2, by SUMMARY: The consent agreement in this paper. For the Commission to consider
following the instructions on the web- matter settles alleged violations of your comment, we must receive it on or
based form. If this Notice appears at federal law prohibiting unfair or before February 29, 2016. Write ‘‘Jim
http://www.regulations.gov, you also deceptive acts or practices. The attached Koons Management Company—Consent
may file a comment through that Web Analysis to Aid Public Comment Agreement; File No. 152–3104’’ on your
site. describes both the allegations in the comment. Your comment—including
If you file your comment on paper, draft complaint and the terms of the your name and your state—will be
write ‘‘Health Breach Notification Rule, consent order—embodied in the consent placed on the public record of this
PRA Comments, P–125402’’ on your agreement—that would settle these proceeding, including, to the extent
comment and on the envelope, and mail allegations. practicable, on the public Commission
or deliver it to the following address: DATES: Comments must be received on Web site, at http://www.ftc.gov/os/
Federal Trade Commission, Office of the or before February 29, 2016. publiccomments.shtm. As a matter of
Secretary, 600 Pennsylvania Avenue discretion, the Commission tries to
ADDRESSES: Interested parties may file a
NW., Suite CC–5610 (Annex J), remove individuals’ home contact
comment at https://
Washington, DC 20580, or deliver your information from comments before
ftcpublic.commentworks.com/ftc/
comment to the following address: placing them on the Commission Web
jimkoonsmgtconsent online or on paper,
Federal Trade Commission, Office of the site.
by following the instructions in the
Secretary, Constitution Center, 400 7th Because your comment will be made
Request for Comment part of the
Street SW., 5th Floor, Suite 5610 public, you are solely responsible for
SUPPLEMENTARY INFORMATION section
(Annex J), Washington, DC 20024. If making sure that your comment does
possible, submit your paper comment to below. Write ‘‘Jim Koons Management not include any sensitive personal
the Commission by courier or overnight Company—Consent Agreement; File No. information, like anyone’s Social
service. 152–3104’’ on your comment and file Security number, date of birth, driver’s
The FTC Act and other laws that the your comment online at https:// license number or other state
Commission administers permit the ftcpublic.commentworks.com/ftc/ identification number or foreign country
collection of public comments to jimkoonsmgtconsent by following the equivalent, passport number, financial
consider and use in this proceeding as instructions on the web-based form. If account number, or credit or debit card
appropriate. The Commission will you prefer to file your comment on number. You are also solely responsible
consider all timely and responsive paper, write ‘‘Jim Koons Management for making sure that your comment does
public comments that it receives on or Company—Consent Agreement; File No. not include any sensitive health
before March 4, 2016. You can find 152–3104’’ on your comment and on the information, like medical records or
more information, including routine envelope, and mail your comment to the other individually identifiable health
uses permitted by the Privacy Act, in following address: Federal Trade information. In addition, do not include
the Commission’s privacy policy, at Commission, Office of the Secretary, any ‘‘[t]rade secret or any commercial or
http://www.ftc.gov/ftc/privacy.shtm. 600 Pennsylvania Avenue NW., Suite financial information which . . . is
Comments on the information CC–5610 (Annex D), Washington, DC privileged or confidential,’’ as discussed
collection requirements subject to 20580, or deliver your comment to the in section 6(f) of the FTC Act, 15 U.S.C.
review under the PRA should also be following address: Federal Trade 46(f), and FTC Rule 4.10(a)(2), 16 CFR
submitted to OMB. If sent by U.S. mail, Commission, Office of the Secretary, 4.10(a)(2). In particular, do not include
address comments to: Office of Constitution Center, 400 7th Street SW., competitively sensitive information
5th Floor, Suite 5610 (Annex D),
mstockstill on DSK4VPTVN1PROD with NOTICES
Information and Regulatory Affairs, such as costs, sales statistics,
Office of Management and Budget, Washington, DC 20024. inventories, formulas, patterns, devices,
Attention: Desk Officer for the Federal FOR FURTHER INFORMATION CONTACT: manufacturing processes, or customer
Trade Commission, New Executive Evan Zullow (202) 326–2914 or names.
Office Building, Docket Library, Room Courtney Estep (202) 326–2788, Bureau If you want the Commission to give
10102, 725 17th Street NW., of Consumer Protection, 600 your comment confidential treatment,
Washington, DC 20503. Comments sent Pennsylvania Avenue NW., Washington, you must file it in paper form, with a
to OMB by U.S. postal mail, however, DC 20580. request for confidential treatment, and
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Document Created: 2016-02-03 00:40:44
Document Modified: 2016-02-03 00:40:44
| 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 March 4, 2016. | |
| Contact | Requests for additional information or | |
| FR Citation | 81 FR 5750 |
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