81_FR_60170 81 FR 60001 - Agency Information Collection Activities; Proposed Collection; Comment Request

81 FR 60001 - Agency Information Collection Activities; Proposed Collection; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 169 (August 31, 2016)

Page Range60001-60003
FR Document2016-20933

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 its portion of the information collection requirements contained in the Consumer Financial Protection Bureau's Regulation N (the Mortgage Acts and Practices--Advertising Rule). The FTC shares enforcement of Regulation N with the Consumer Financial Protection Bureau (``CFPB''). This clearance expires on December 31, 2016.

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60001-60003]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20933]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notice.

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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 its portion of the information collection requirements 
contained in the Consumer Financial Protection Bureau's Regulation N 
(the Mortgage Acts and Practices--Advertising Rule). The FTC shares 
enforcement of Regulation N with the Consumer Financial Protection 
Bureau (``CFPB''). This clearance expires on December 31, 2016.

DATES: Comments must be received on or before October 31, 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 ``Regulation N: FTC File 
No. P134811; K05'' on your comment, and file your comment online at 
https://ftcpublic.commentworks.com/ftc/regulationnpra 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 to 
Carole L. Reynolds, Attorney, Division of Financial Practices, Bureau 
of Consumer Protection, Federal Trade Commission, 600 Pennsylvania 
Avenue NW., CC-10232, Washington, DC 20580, (202) 326-3230.

SUPPLEMENTARY INFORMATION:

Proposed Information Collection Activities

    Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520, 
federal agencies must get OMB approval for

[[Page 60002]]

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 FTC's existing PRA 
clearance for the information collection requirements associated with 
the CFPB's Regulation N (Mortgage Acts and Practices--Advertising), 12 
CFR 1014.\1\ The FTC and the CFPB share enforcement authority for 
Regulation N and thus the CFPB has incorporated into its recently 
approved burden estimates for Regulation N one half of its burden 
estimates.\2\
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    \1\ The OMB Control Number for the FTC's existing PRA clearance 
associated with Regulation N is 3084-0156.
    \2\ The CFPB clearance for their information collections 
associated with Regulation N was approved by the OMB on September 
30, 2015 (OMB Control Number 3170-0009) through September 30, 2018.
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    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 October 31, 
2016.
    The FTC's Mortgage Acts and Practices--Advertising Rule, 16 CFR 
321, was issued by the FTC on July 19, 2011, at www.ftc.gov, published 
in the Federal Register, 76 FR 43845, and became effective on August 
19, 2011. The Dodd-Frank Wall Street Reform and Consumer Protection Act 
of 2010 (Dodd-Frank Act) \3\ substantially changed the federal legal 
framework for financial services providers. Among the changes, the 
Dodd-Frank Act transferred to the CFPB the Commission's rulemaking 
authority under section 626 of the 2009 Omnibus Appropriations Act on 
July 21, 2011. As a result, the CFPB republished the Mortgage Acts and 
Practices--Advertising Rule, at 12 CFR 1014, which became effective 
December 30, 2011. 76 FR 78130. Thereafter, the Commission rescinded 
its Rule, on and effective April 13, 2012. 77 FR 22200. Under the Dodd-
Frank Act, the FTC retains its authority to bring law enforcement 
actions to enforce Regulation N.\4\ Regulation N's recordkeeping 
requirements constitute a ``collection of information'' \5\ for 
purposes of the PRA.\6\ The Rule does not impose a disclosure 
requirement.
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    \3\ Public Law 111-203, 124 Stat. 1376 (2010).
    \4\ The Commission also retained its authority to enforce the 
Mortgage Acts and Practices--Advertising Rule from the Rule's 
issuance in July 2011 until the CFPB's republished rule, Regulation 
N, became effective on December 30, 2011.
    \5\ Section 1014.5 of the Rule sets forth the recordkeeping 
requirements.
    \6\ See 44 U.S.C. 3502(3)(A).
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    Regulation N requires covered persons to retain: (1) Copies of 
materially different commercial communications and related materials, 
regarding any term of any mortgage credit product, that the person made 
or disseminated during the relevant time period; (2) documents 
describing or evidencing all mortgage credit products available to 
consumers during the relevant time period; and (3) documents describing 
or evidencing all additional products or services (such as credit 
insurance or credit disability insurance) that are or may be offered or 
provided with the mortgage credit products available to consumers 
during the relevant time period. A failure to keep such records would 
be an independent violation of the Rule.
    Commission staff believes these recordkeeping requirements pertain 
to records that are usual and customary and kept in the ordinary course 
of business for many covered persons, such as mortgage brokers, 
lenders, and servicers; real estate brokers and agents; home builders, 
and advertising agencies.\7\ As to these persons, the retention of 
these documents does not constitute a ``collection of information,'' as 
defined by OMB's regulations that implement the PRA.\8\ Certain other 
covered persons such as lead generators and rate aggregators may not 
currently maintain these records in the ordinary course of business.\9\ 
Thus, the recordkeeping requirements for those persons would constitute 
a ``collection of information.''
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    \7\ Some covered persons, particularly mortgage brokers and 
lenders, are subject to state recordkeeping requirements for 
mortgage advertisements. See, e.g., Fla. Stat. 494.00165 (2016); 
Ind. Code Ann. 23-2-5-18 (2016); Kan. Stat. Ann. 9-2208 (2015); 
Minn. Stat. 58.14 (2015); Wash. Rev. Code 19.146.060 (2015). Many 
mortgage brokers, lenders (including finance companies), and 
servicers are subject to state recordkeeping requirements for 
mortgage transactions and related documents, and these may include 
descriptions of mortgage credit products. See, e.g., Mich. Comp. 
Laws Serv. 445.1671 (2016); N.Y. Banking Law 597 (Consol. 2015); 
Tenn. Code Ann. 45-13-206 (2015). Lenders and mortgagees approved by 
the Federal Housing Administration must retain copies of all print 
and electronic advertisements and promotional materials for a period 
of two years from the date the materials are circulated or used to 
advertise. See 24 CFR 202. Various other entities, such as real 
estate brokers and agents, home builders, and advertising agencies 
can be indirectly covered by state recordkeeping requirements for 
mortgage advertisements and/or retain ads to demonstrate compliance 
with state law. See, e.g., 76 Del. Laws, c. 421, Sec.  1.
    \8\ See 44 U.S.C. 3502(3)(A); 5 CFR 1320.3(b)(2).
    \9\ See, e.g., United States v. Intermundo Media, LLC, dba Delta 
Prime Refinance, No. 1:14-cv-2529 (D. Colo. filed Sept. 12, 2014) 
(D. Colo. Oct.7, 2014) (stipulated order for permanent injunction 
and civil penalty judgment), available at https://www.ftc.gov/system/files/documents/cases/140912deltaprimestiporder.pdf. The 
complaint charged this lead generator with numerous violations of 
Regulation N, including recordkeeping, and of other federal mortgage 
advertising mandates.
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    The information retained under the Rule's recordkeeping 
requirements is used by the Commission to substantiate compliance with 
the Rule and may also provide a basis for the Commission to bring an 
enforcement action. Without the required records, it would be difficult 
either to ensure that entities are complying with the Rule's 
requirements or to bring enforcement actions based on violations of the 
Rule.

Burden Statement

    Estimated total annual hours burden: 1,500 hours (for the FTC).
    Commission staff estimates that the Rule's recordkeeping 
requirements will affect approximately 1,000 persons \10\ who would not 
otherwise retain such records in the ordinary course of business. As 
noted, this estimate includes lead generators and rate aggregators that 
may provide commercial communications regarding mortgage credit product 
terms.\11\ Although the Commission cannot estimate with precision the 
time required to gather and file the required records, it is reasonable 
to assume that covered persons will each spend approximately 3 hours 
per year to do these tasks, for a total of 3,000 hours (1,000 persons x 
3 hours). Since the FTC shares enforcement authority with the CFPB for 
Regulation N, the FTC's allotted PRA burden is 1,500 annual hours.\12\
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    \10\ No general source provides precise numbers of the various 
categories of covered persons. Commission staff, therefore, has used 
the following sources and inputs to arrive at this estimated total: 
1,000 lead generators and rate aggregators, based on staff's 
administrative experience.
    \11\ The Commission does not know what percentage of these 
persons are, in fact, engaged in covered conduct under the Rule, 
i.e., providing commercial communications about mortgage credit 
product terms. For purposes of these estimates, the Commission has 
assumed all of them are covered by the recordkeeping provisions and 
are not retaining these records in the ordinary course of business.
    \12\ This estimate reflects a decrease in burden compared to 
prior FTC estimates, because many entities can be indirectly covered 
by state recordkeeping requirements for mortgage advertisements and/
or retain ads to demonstrate compliance with state law, as discussed 
above. See supra note 6. The FTC notes that the CFPB's recent 
information collection filing with OMB for Regulation N also 
reflects the view that, in large part, most entities either retain 
records in the ordinary course of business or to demonstrate 
compliance with other laws. See generally Bureau of Consumer 
Financial Protection, Agency Information Collection Activities: 
Submission for OMB Review; Comment Review, 80 FR 45645 (July 31, 
2015), available at https://www.thefederalregister.org/fdsys/pkg/FR-2015-07-31/pdf/2015-18809.pdf.

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[[Page 60003]]

    Estimated labor costs: $21,570.
    Commission staff derived labor costs by applying appropriate hourly 
cost figures to the burden hours described above. Staff further assumes 
that office support file clerks will handle the Rule's record retention 
requirements at an hourly rate of $14.38.\13\ Based upon the above 
estimates and assumptions, the total annual labor cost to retain and 
file documents, for the FTC's allotted burden, is $21,570 (1,500 hours 
x $14.38 per hour).
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    \13\ This estimate is based on mean hourly wages for office 
support file clerks provided by the Bureau of Labor Statistics. See 
U.S. Bureau of Labor Statistics, Occupational Employment and Wages--
May 2015, table 1 (``National employment and wage data from the 
Occupational Employment Statistics survey by occupation''), released 
Mar. 30, 2016, available at http://www.bls.gov/news.release/pdf/ocwage.pdf.
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    Absent information to the contrary, staff anticipates that existing 
storage media and equipment that covered persons use in the ordinary 
course of business will satisfactorily accommodate incremental 
recordkeeping under the Rule. Accordingly, staff does not anticipate 
that the Rule will require any new capital or other non-labor 
expenditures.

Request for Comments

    You can file a comment online or on paper. Write ``Regulation N: 
FTC File No. P134811; K05'' 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/regulationnpra 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 ``Regulation N: FTC File 
No. P134811; K05'' 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 October 31, 
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. 2016-20933 Filed 8-30-16; 8:45 am]
 BILLING CODE 6750-01-P



                                                                             Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                            60001

                                                  required by the Paperwork Reduction                     (5) click the ‘‘Submit’’ button to the                FEDERAL TRADE COMMISSION
                                                  Act (PRA) of 1995 (44 U.S.C. 3501–                      right of the ‘‘Select Agency’’ box, (6)
                                                  3520), the Federal Communications                       when the list of FCC ICRs currently                   Agency Information Collection
                                                  Commission (FCC or Commission)                          under review appears, look for the OMB                Activities; Proposed Collection;
                                                  invites the general public and other                    control number of this ICR and then                   Comment Request
                                                  Federal agencies to take this                           click on the ICR Reference Number. A                  AGENCY: Federal Trade Commission
                                                  opportunity to comment on the                           copy of the FCC submission to OMB                     (FTC or Commission).
                                                  following information collections.                      will be displayed.                                    ACTION: Notice.
                                                  Comments are requested concerning:
                                                  Whether the proposed collection of                      SUPPLEMENTARY INFORMATION:                            SUMMARY:    The information collection
                                                  information is necessary for the proper                    OMB Control No.: 3060–1159.                        requirements described below will be
                                                  performance of the functions of the                                                                           submitted to the Office of Management
                                                  Commission, including whether the                          Title: Part 27—Miscellaneous
                                                                                                          Wireless Communications Services in                   and Budget (OMB) for review, as
                                                  information shall have practical utility;                                                                     required by the Paperwork Reduction
                                                  the accuracy of the Commission’s                        the 2.3 GHz Band.
                                                                                                                                                                Act (PRA). The FTC seeks public
                                                  burden estimate; ways to enhance the                       Form No.: N/A.                                     comments on its proposal to extend, for
                                                  quality, utility, and clarity of the                       Type of Review: Extension of a                     three years, the current PRA clearance
                                                  information collected; ways to minimize                 currently approved collection.                        for its portion of the information
                                                  the burden of the collection of                                                                               collection requirements contained in the
                                                  information on the respondents,                            Respondents: Business or other for
                                                                                                                                                                Consumer Financial Protection Bureau’s
                                                  including the use of automated                          profit entities.                                      Regulation N (the Mortgage Acts and
                                                  collection techniques or other forms of                    Number of Respondents and                          Practices—Advertising Rule). The FTC
                                                  information technology; and ways to                     Responses: 158 respondents and 2,406                  shares enforcement of Regulation N
                                                  further reduce the information                          responses.                                            with the Consumer Financial Protection
                                                  collection burden on small business                                                                           Bureau (‘‘CFPB’’). This clearance
                                                                                                             Estimated Time per Response: 0.5–40
                                                  concerns with fewer than 25 employees.                                                                        expires on December 31, 2016.
                                                  The FCC may not conduct or sponsor a                    hours.
                                                                                                                                                                DATES: Comments must be received on
                                                  collection of information unless it                        Frequency of Response:                             or before October 31, 2016.
                                                  displays a currently valid Office of                    Recordkeeping requirement, Third Party
                                                                                                                                                                ADDRESSES: Interested parties may file a
                                                  Management and Budget (OMB) control                     Disclosure, and on occasion and
                                                                                                                                                                comment online or on paper by
                                                  number. No person shall be subject to                   quarterly reporting requirements.                     following the instructions in the
                                                  any penalty for failing to comply with                     Obligation to Respond: Required to                 Request for Comments part of the
                                                  a collection of information subject to the              obtain or retain benefits. The statutory              Supplementary Information section
                                                  PRA that does not display a valid OMB
                                                                                                          authority for this information collection             below. Write ‘‘Regulation N: FTC File
                                                  control number.
                                                                                                          is 47 U.S.C. 154, 301, 302(a), 303, 309,              No. P134811; K05’’ on your comment,
                                                  DATES: Written comments should be
                                                                                                          332, 336, and 337 unless otherwise                    and file your comment online at https://
                                                  submitted on or before September 30,                                                                          ftcpublic.commentworks.com/ftc/
                                                                                                          noted.
                                                  2016. If you anticipate that you will be                                                                      regulationnpra by following the
                                                  submitting comments, but find it                           Total Annual Burden: 24,714 hours.
                                                                                                                                                                instructions on the web-based form. If
                                                  difficult to do so within the period of                    Annual Cost Burden: $546,450.                      you prefer to file your comment on
                                                  time allowed by this notice, you should                                                                       paper, mail or deliver your comment to
                                                                                                             Privacy Act Impact Assessment: No
                                                  advise the contacts below as soon as                                                                          the following address: Federal Trade
                                                  possible.                                               impact(s).
                                                                                                                                                                Commission, Office of the Secretary,
                                                  ADDRESSES: Direct all PRA comments to
                                                                                                             Nature and Extent of Confidentiality:
                                                                                                                                                                600 Pennsylvania Avenue NW., Suite
                                                  Nicholas A. Fraser, OMB, via email                      There is no need for confidentiality with
                                                                                                                                                                CC–5610 (Annex J), Washington, DC
                                                  Nicholas_A._Fraser@omb.eop.gov; and                     this collection of information.
                                                                                                                                                                20580, or deliver your comment to the
                                                  to Cathy Williams, FCC, via email PRA@                     Needs and Uses: The information                    following address: Federal Trade
                                                  fcc.gov and to Cathy.Williams@fcc.gov.                  filed by Wireless Communications                      Commission, Office of the Secretary,
                                                  Include in the comments the OMB                         Service (WCS) licensees in support of                 Constitution Center, 400 7th Street SW.,
                                                  control number as shown in the                          their construction notifications will be              5th Floor, Suite 5610 (Annex J),
                                                  SUPPLEMENTARY INFORMATION section                       used to determine whether licensees                   Washington, DC 20024.
                                                  below.                                                  have complied with the Commission’s                   FOR FURTHER INFORMATION CONTACT:
                                                  FOR FURTHER INFORMATION CONTACT: For                    performance benchmarks. Further, the                  Requests for copies of the collection of
                                                  additional information or copies of the                 information collected by licensees in                 information and supporting
                                                  information collection, contact Cathy                   support of their coordination obligations             documentation should be addressed to
                                                  Williams at (202) 418–2918. To view a                   will help avoid harmful interference to               Carole L. Reynolds, Attorney, Division
                                                  copy of this information collection                     Satellite Digital Audio Radio Service                 of Financial Practices, Bureau of
                                                  request (ICR) submitted to OMB: (1) Go                  (SDARS), Aeronautical Mobile                          Consumer Protection, Federal Trade
                                                  to the Web page http://www.reginfo.gov/                 Telemetry (AMT) and Deep Space                        Commission, 600 Pennsylvania Avenue
                                                  public/do/PRAMain, (2) look for the                     Network (DSN) operations in other                     NW., CC–10232, Washington, DC 20580,
                                                  section of the Web page called                                                                                (202) 326–3230.
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          spectrum bands.
                                                  ‘‘Currently Under Review,’’ (3) click on                                                                      SUPPLEMENTARY INFORMATION:
                                                  the downward-pointing arrow in the                      Federal Communications Commission.
                                                  ‘‘Select Agency’’ box below the                         Marlene H. Dortch,                                    Proposed Information Collection
                                                  ‘‘Currently Under Review’’ heading, (4)                 Secretary. Office of the Secretary.
                                                                                                                                                                Activities
                                                  select ‘‘Federal Communications                         [FR Doc. 2016–20870 Filed 8–30–16; 8:45 am]             Under the Paperwork Reduction Act
                                                  Commission’’ from the list of agencies                  BILLING CODE 6712–01–P
                                                                                                                                                                (PRA), 44 U.S.C. 3501–3520, federal
                                                  presented in the ‘‘Select Agency’’ box,                                                                       agencies must get OMB approval for


                                             VerDate Sep<11>2014   21:59 Aug 30, 2016   Jkt 238001   PO 00000   Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM   31AUN1


                                                  60002                      Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  each collection of information they                     Under the Dodd-Frank Act, the FTC                       implement the PRA.8 Certain other
                                                  conduct, sponsor, or require.                           retains its authority to bring law                      covered persons such as lead generators
                                                  ‘‘Collection of information’’ means                     enforcement actions to enforce                          and rate aggregators may not currently
                                                  agency requests or requirements to                      Regulation N.4 Regulation N’s                           maintain these records in the ordinary
                                                  submit reports, keep records, or provide                recordkeeping requirements constitute a                 course of business.9 Thus, the
                                                  information to a third party. 44 U.S.C.                 ‘‘collection of information’’ 5 for                     recordkeeping requirements for those
                                                  3502(3); 5 CFR 1320.3(c). As required by                purposes of the PRA.6 The Rule does                     persons would constitute a ‘‘collection
                                                  section 3506(c)(2)(A) of the PRA, the                   not impose a disclosure requirement.                    of information.’’
                                                  FTC is providing this opportunity for                      Regulation N requires covered                          The information retained under the
                                                  public comment before requesting that                   persons to retain: (1) Copies of                        Rule’s recordkeeping requirements is
                                                  OMB extend the FTC’s existing PRA                       materially different commercial                         used by the Commission to substantiate
                                                  clearance for the information collection                communications and related materials,                   compliance with the Rule and may also
                                                  requirements associated with the                        regarding any term of any mortgage                      provide a basis for the Commission to
                                                  CFPB’s Regulation N (Mortgage Acts                      credit product, that the person made or                 bring an enforcement action. Without
                                                  and Practices—Advertising), 12 CFR                      disseminated during the relevant time                   the required records, it would be
                                                  1014.1 The FTC and the CFPB share                       period; (2) documents describing or                     difficult either to ensure that entities are
                                                  enforcement authority for Regulation N                  evidencing all mortgage credit products                 complying with the Rule’s requirements
                                                  and thus the CFPB has incorporated into                 available to consumers during the                       or to bring enforcement actions based on
                                                  its recently approved burden estimates                  relevant time period; and (3) documents                 violations of the Rule.
                                                  for Regulation N one half of its burden                 describing or evidencing all additional
                                                                                                                                                                  Burden Statement
                                                  estimates.2                                             products or services (such as credit
                                                     The FTC invites comments on: (1)                     insurance or credit disability insurance)                  Estimated total annual hours burden:
                                                  Whether the proposed collection of                      that are or may be offered or provided                  1,500 hours (for the FTC).
                                                  information is necessary for the proper                 with the mortgage credit products                          Commission staff estimates that the
                                                  performance of the functions of the                     available to consumers during the                       Rule’s recordkeeping requirements will
                                                  agency, including whether the                           relevant time period. A failure to keep                 affect approximately 1,000 persons 10
                                                  information will have practical utility;                such records would be an independent                    who would not otherwise retain such
                                                  (2) the accuracy of the agency’s estimate               violation of the Rule.                                  records in the ordinary course of
                                                  of the burden of the proposed collection                   Commission staff believes these                      business. As noted, this estimate
                                                  of information, including the validity of               recordkeeping requirements pertain to                   includes lead generators and rate
                                                  the methodology and assumptions used;                   records that are usual and customary                    aggregators that may provide
                                                  (3) ways to enhance the quality, utility,               and kept in the ordinary course of                      commercial communications regarding
                                                  and clarity of the information to be                    business for many covered persons,                      mortgage credit product terms.11
                                                  collected; and (4) ways to minimize the                 such as mortgage brokers, lenders, and                  Although the Commission cannot
                                                  burden of the collection of information                 servicers; real estate brokers and agents;              estimate with precision the time
                                                  on those who are to respond. All                        home builders, and advertising                          required to gather and file the required
                                                  comments must be received on or before                  agencies.7 As to these persons, the                     records, it is reasonable to assume that
                                                  October 31, 2016.                                       retention of these documents does not                   covered persons will each spend
                                                     The FTC’s Mortgage Acts and                          constitute a ‘‘collection of information,’’             approximately 3 hours per year to do
                                                  Practices—Advertising Rule, 16 CFR                      as defined by OMB’s regulations that                    these tasks, for a total of 3,000 hours
                                                  321, was issued by the FTC on July 19,                                                                          (1,000 persons × 3 hours). Since the FTC
                                                  2011, at www.ftc.gov, published in the                    4 The Commission also retained its authority to       shares enforcement authority with the
                                                  Federal Register, 76 FR 43845, and                      enforce the Mortgage Acts and Practices—                CFPB for Regulation N, the FTC’s
                                                                                                          Advertising Rule from the Rule’s issuance in July       allotted PRA burden is 1,500 annual
                                                  became effective on August 19, 2011.                    2011 until the CFPB’s republished rule, Regulation
                                                  The Dodd-Frank Wall Street Reform and                   N, became effective on December 30, 2011.
                                                                                                                                                                  hours.12
                                                  Consumer Protection Act of 2010 (Dodd-                    5 Section 1014.5 of the Rule sets forth the
                                                                                                                                                                    8 See
                                                                                                          recordkeeping requirements.                                      44 U.S.C. 3502(3)(A); 5 CFR 1320.3(b)(2).
                                                  Frank Act) 3 substantially changed the                                                                            9 See,  e.g., United States v. Intermundo Media,
                                                                                                            6 See 44 U.S.C. 3502(3)(A).
                                                  federal legal framework for financial                     7 Some covered persons, particularly mortgage         LLC, dba Delta Prime Refinance, No. 1:14–cv–2529
                                                  services providers. Among the changes,                  brokers and lenders, are subject to state               (D. Colo. filed Sept. 12, 2014) (D. Colo. Oct.7, 2014)
                                                  the Dodd-Frank Act transferred to the                   recordkeeping requirements for mortgage                 (stipulated order for permanent injunction and civil
                                                                                                                                                                  penalty judgment), available at https://www.ftc.gov/
                                                  CFPB the Commission’s rulemaking                        advertisements. See, e.g., Fla. Stat. 494.00165
                                                                                                                                                                  system/files/documents/cases/140912delta
                                                  authority under section 626 of the 2009                 (2016); Ind. Code Ann. 23–2–5–18 (2016); Kan. Stat.
                                                                                                          Ann. 9–2208 (2015); Minn. Stat. 58.14 (2015);           primestiporder.pdf. The complaint charged this
                                                  Omnibus Appropriations Act on July 21,                  Wash. Rev. Code 19.146.060 (2015). Many mortgage        lead generator with numerous violations of
                                                  2011. As a result, the CFPB republished                 brokers, lenders (including finance companies), and     Regulation N, including recordkeeping, and of other
                                                                                                                                                                  federal mortgage advertising mandates.
                                                  the Mortgage Acts and Practices—                        servicers are subject to state recordkeeping
                                                                                                                                                                     10 No general source provides precise numbers of
                                                  Advertising Rule, at 12 CFR 1014,                       requirements for mortgage transactions and related
                                                                                                          documents, and these may include descriptions of        the various categories of covered persons.
                                                  which became effective December 30,                     mortgage credit products. See, e.g., Mich. Comp.        Commission staff, therefore, has used the following
                                                  2011. 76 FR 78130. Thereafter, the                      Laws Serv. 445.1671 (2016); N.Y. Banking Law 597        sources and inputs to arrive at this estimated total:
                                                  Commission rescinded its Rule, on and                   (Consol. 2015); Tenn. Code Ann. 45–13–206 (2015).       1,000 lead generators and rate aggregators, based on
                                                                                                          Lenders and mortgagees approved by the Federal          staff’s administrative experience.
                                                  effective April 13, 2012. 77 FR 22200.                                                                             11 The Commission does not know what
                                                                                                          Housing Administration must retain copies of all
                                                                                                          print and electronic advertisements and                 percentage of these persons are, in fact, engaged in
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                                                    1 The OMB Control Number for the FTC’s existing
                                                                                                          promotional materials for a period of two years         covered conduct under the Rule, i.e., providing
                                                  PRA clearance associated with Regulation N is           from the date the materials are circulated or used      commercial communications about mortgage credit
                                                  3084–0156.                                              to advertise. See 24 CFR 202. Various other entities,   product terms. For purposes of these estimates, the
                                                    2 The CFPB clearance for their information                                                                    Commission has assumed all of them are covered
                                                                                                          such as real estate brokers and agents, home
                                                  collections associated with Regulation N was            builders, and advertising agencies can be indirectly    by the recordkeeping provisions and are not
                                                  approved by the OMB on September 30, 2015 (OMB          covered by state recordkeeping requirements for         retaining these records in the ordinary course of
                                                  Control Number 3170–0009) through September 30,         mortgage advertisements and/or retain ads to            business.
                                                  2018.                                                   demonstrate compliance with state law. See, e.g., 76       12 This estimate reflects a decrease in burden
                                                    3 Public Law 111–203, 124 Stat. 1376 (2010).          Del. Laws, c. 421, § 1.                                 compared to prior FTC estimates, because many



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                                                                             Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                 60003

                                                     Estimated labor costs: $21,570.                      passport number, financial account                    uses permitted by the Privacy Act, in
                                                     Commission staff derived labor costs                 number, or credit or debit card number.               the Commission’s privacy policy, at
                                                  by applying appropriate hourly cost                     You are also solely responsible for                   http://www.ftc.gov/ftc/privacy.htm.
                                                  figures to the burden hours described                   making sure that your comment does
                                                                                                                                                                David C. Shonka,
                                                  above. Staff further assumes that office                not include any sensitive health
                                                  support file clerks will handle the                     information, such as medical records or               Acting General Counsel.
                                                  Rule’s record retention requirements at                 other individually identifiable health                [FR Doc. 2016–20933 Filed 8–30–16; 8:45 am]
                                                  an hourly rate of $14.38.13 Based upon                  information. In addition, do not include              BILLING CODE 6750–01–P
                                                  the above estimates and assumptions,                    any ‘‘[t]rade secret or any commercial or
                                                  the total annual labor cost to retain and               financial information which is . . .
                                                  file documents, for the FTC’s allotted                  privileged or confidential,’’ as discussed            DEPARTMENT OF HEALTH AND
                                                  burden, is $21,570 (1,500 hours × $14.38                in section 6(f) of the FTC Act, 15 U.S.C.             HUMAN SERVICES
                                                  per hour).                                              46(f), and FTC Rule 4.10(a)(2), 16 CFR
                                                     Absent information to the contrary,                  4.10(a)(2). In particular, do not include             Agency for Healthcare Research and
                                                  staff anticipates that existing storage                 competitively sensitive information                   Quality
                                                  media and equipment that covered                        such as costs, sales statistics,
                                                  persons use in the ordinary course of                   inventories, formulas, patterns, devices,             Patient Safety Organizations:
                                                  business will satisfactorily                            manufacturing processes, or customer                  Voluntary Relinquishment From
                                                  accommodate incremental                                 names.                                                QAISys, Inc.
                                                  recordkeeping under the Rule.                              If you want the Commission to give                 AGENCY: Agency for Healthcare Research
                                                  Accordingly, staff does not anticipate                  your comment confidential treatment,                  and Quality (AHRQ), Department of
                                                  that the Rule will require any new                      you must file it in paper form, with a                Health and Human Services (HHS).
                                                  capital or other non-labor expenditures.                request for confidential treatment, and               ACTION: Notice of delisting.
                                                                                                          you must follow the procedure
                                                  Request for Comments                                    explained in FTC Rule 4.9(c), 16 CFR                  SUMMARY:    The Patient Safety and
                                                     You can file a comment online or on                  4.9(c). Your comment will be kept                     Quality Improvement Act of 2005, 42
                                                  paper. Write ‘‘Regulation N: FTC File                   confidential only if the FTC General                  U.S.C. 299b–21 to b–26, (Patient Safety
                                                  No. P134811; K05’’ on your comment.                     Counsel, in his or her sole discretion,               Act) and the related Patient Safety and
                                                  Your comment—including your name                        grants your request in accordance with                Quality Improvement Final Rule, 42
                                                  and your state—will be placed on the                    the law and the public interest. Postal               CFR part 3 (Patient Safety Rule),
                                                  public record of this proceeding,                       mail addressed to the Commission is                   published in the Federal Register on
                                                  including, to the extent practicable, on                subject to delay due to heightened                    November 21, 2008, 73 FR 70732–
                                                  the public Commission Web site, at                      security screening. As a result, the                  70814, provide for the formation of
                                                  http://www.ftc.gov/os/                                  Commission encourages you to submit                   Patient Safety Organizations (PSOs),
                                                  publiccomments.shtm. As a matter of                     your comments online. To make sure                    which collect, aggregate, and analyze
                                                  discretion, the Commission tries to                     that the Commission considers your                    confidential information regarding the
                                                  remove individuals’ home contact                        online comment, you must file it at                   quality and safety of health care
                                                  information from comments before                        https://ftcpublic.commentworks.com/                   delivery. The Patient Safety Rule
                                                  placing them on the Commission Web                      ftc/regulationnpra by following the                   authorizes AHRQ, on behalf of the
                                                  site.                                                   instructions on the web-based form. If                Secretary of HHS, to list as a PSO an
                                                     Because your comment will be made                    this Notice appears at http://                        entity that attests that it meets the
                                                  public, you are solely responsible for                  www.regulations.gov, you also may file                statutory and regulatory requirements
                                                  making sure that your comment does                      a comment through that Web site.                      for listing. A PSO can be ‘‘delisted’’ by
                                                  not include any sensitive personal                         If you file your comment on paper,                 the Secretary if it is found to no longer
                                                  information, such as a Social Security                  write ‘‘Regulation N: FTC File No.                    meet the requirements of the Patient
                                                  number, date of birth, driver’s license                 P134811; K05’’ on your comment and                    Safety Act and Patient Safety Rule,
                                                  number or other state identification                    on the envelope, and mail it to the                   when a PSO chooses to voluntarily
                                                  number or foreign country equivalent,                   following address: Federal Trade                      relinquish its status as a PSO for any
                                                                                                          Commission, Office of the Secretary,                  reason, or when a PSO’s listing expires.
                                                  entities can be indirectly covered by state             600 Pennsylvania Avenue NW., Suite                    AHRQ has accepted a notification of
                                                  recordkeeping requirements for mortgage                 CC–5610, (Annex J), Washington, DC
                                                                                                                                                                voluntary relinquishment from QAISys,
                                                  advertisements and/or retain ads to demonstrate         20580, or deliver your comment to the
                                                  compliance with state law, as discussed above. See                                                            Inc. of its status as a PSO, and has
                                                                                                          following address: Federal Trade
                                                  supra note 6. The FTC notes that the CFPB’s recent                                                            delisted the PSO accordingly. QAISys,
                                                                                                          Commission, Office of the Secretary,
                                                  information collection filing with OMB for                                                                    Inc. submitted this request for voluntary
                                                  Regulation N also reflects the view that, in large      Constitution Center, 400 7th Street SW.,
                                                                                                                                                                relinquishment after receiving a Notice
                                                  part, most entities either retain records in the        5th Floor, Suite 5610, (Annex J),
                                                  ordinary course of business or to demonstrate                                                                 of Preliminary Finding of Deficiency.
                                                                                                          Washington, DC 20024. If possible,
                                                  compliance with other laws. See generally Bureau
                                                                                                          submit your paper comment to the                      DATES: The directories for both listed
                                                  of Consumer Financial Protection, Agency                                                                      and delisted PSOs are ongoing and
                                                  Information Collection Activities: Submission for       Commission by courier or overnight
                                                  OMB Review; Comment Review, 80 FR 45645 (July           service.                                              reviewed weekly by AHRQ. The
                                                  31, 2015), available at https://www.gpo.gov/fdsys/         The FTC Act and other laws that the                delisting was effective at 12:00 Midnight
                                                  pkg/FR-2015-07-31/pdf/2015-18809.pdf.                   Commission administers permit the                     ET (2400) on August 10, 2016.
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                                                    13 This estimate is based on mean hourly wages
                                                                                                          collection of public comments to                      ADDRESSES: Both directories can be
                                                  for office support file clerks provided by the Bureau
                                                  of Labor Statistics. See U.S. Bureau of Labor           consider and use in this proceeding as                accessed electronically at the following
                                                  Statistics, Occupational Employment and Wages—          appropriate. The Commission will                      HHS Web site: http://
                                                  May 2015, table 1 (‘‘National employment and wage       consider all timely and responsive                    www.pso.ahrq.gov/listed.
                                                  data from the Occupational Employment Statistics
                                                  survey by occupation’’), released Mar. 30, 2016,
                                                                                                          public comments that it receives on or                FOR FURTHER INFORMATION CONTACT:
                                                  available at http://www.bls.gov/news.release/pdf/       before October 31, 2016. You can find                 Eileen Hogan, Center for Quality
                                                  ocwage.pdf.                                             more information, including routine                   Improvement and Patient Safety, AHRQ,


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Document Created: 2018-02-02 12:15:08
Document Modified: 2018-02-02 12:15:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received on or before October 31, 2016.
ContactRequests for copies of the collection
FR Citation81 FR 60001 

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