81_FR_80231 81 FR 80011 - Standards for Safeguarding Customer Information

81 FR 80011 - Standards for Safeguarding Customer Information

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 220 (November 15, 2016)

Page Range80011-80012
FR Document2016-27266

The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing public comments on its recent Request for Public Comment on the Standards for Safeguarding Customer Information (``Safeguards Rule'' or ``Rule'').

Federal Register, Volume 81 Issue 220 (Tuesday, November 15, 2016) 
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Proposed Rules]
[Pages 80011-80012]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27266]


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FEDERAL TRADE COMMISSION

16 CFR Part 314

RIN 3084-AB35


Standards for Safeguarding Customer Information

AGENCY: Federal Trade Commission.

ACTION: Request for public comment; reopening for public comments.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
extending the deadline for filing public comments on its recent Request 
for Public Comment on the Standards for Safeguarding Customer 
Information (``Safeguards Rule'' or ``Rule'').

DATES: The comment period for the request for public comment published 
in the Federal Register on September 7, 2016 (81 FR 61632), is 
reopened. Comments must be received on or before November 21, 2016.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the Instructions for Submitting Comments part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Safeguards Rule, 16 
CFR 314, Project No. P145407,'' on your comment and file your comment 
online at https://ftcpublic.commentworks.com/ftc/safeguardsrulenprm by 
following the instructions on the web-based form. If you prefer to file 
your comment on paper, mail your comment to the following address: 
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania 
Avenue NW., Suite CC-5610 (Annex B), 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 B), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: David Lincicum or Katherine McCarron, 
Division of Privacy and Identity Protection, Bureau of Consumer 
Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., 
Washington, DC 20580, (202) 326-2773 or (202) 326-2333.

SUPPLEMENTARY INFORMATION:

I. Comment Period Extension

    On September 7, 2016 (81 FR 61632), as part of the Commission's 
systematic review of all current FTC rules and guides, the Commission 
published a Request for Comments requesting public comment on the 
overall costs, benefits, necessity, and regulatory impact of the 
Safeguards Rule, with a deadline for filing comments of November 7, 
2016. On September 12, 2016 (81 FR 63435), the Commission published a 
Request for Public Comment on its Disposal Rule, with a deadline for 
comments of November 21, 2016. On October 21, 2016, the American 
Financial Services Association, Consumer Data Industry Association, and 
the National Auto Dealer Association, requested that the comment period 
be extended until November 21, 2016 to coincide with the comment period 
for Disposal Rule Request for Comments. The requesters explained that 
the two rules are closely related and that comments on the two rules 
may overlap. Therefore, having the two comment periods coincide would 
make it easier for commenters to provide feedback on both rules.
    The Commission agrees that allowing additional time for filing 
comments on the Safeguards Rule would help facilitate the creation of a 
more complete record. In addition, extending the comment period would 
not harm consumers because the current Rule will remain in effect 
during the review process. Therefore, the Commission has decided to 
extend the comment period to November 21, 2016.

II. 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 November 21, 
2016. Write ``Safeguards Rule, 16 CFR 314, Project No. P145407'' on the 
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 https://www.ftc.gov/policy/public-comments. 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 payment 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). In particular, the written request for 
confidential treatment that accompanies the comment must include the 
factual and legal basis for the request, and must identify the specific 
portions of the comments to be withheld from the public record. 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. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/safeguardsrulenprm by following the instructions on the web-based 
form. If this document appears at http://www.regulations.gov/#!home, 
you also may file a comment through that Web site.
    If you file your comment on paper, write ``Safeguards Rule, 16 CFR 
314, Project No. P145407'' on your comment and on the envelope, and 
mail your comment to the following address: Federal Trade Commission, 
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 
(Annex B), 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 
B), Washington, DC 20024.
    Visit the Commission Web site at http://www.ftc.gov to read this 
document and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public

[[Page 80012]]

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 November 21, 2016. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see http://www.ftc.gov/ftc/privacy.htm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-27266 Filed 11-14-16; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Proposed Rules 80011 Issued in Renton, Washington, on October I. Comment Period Extension number. You are also solely responsible 12, 2016. for making sure that your comment does On September 7, 2016 (81 FR 61632), Michael Kaszycki, as part of the Commission’s systematic not include any sensitive health Acting Manager, Transport Airplane review of all current FTC rules and information, such as medical records or Directorate, Aircraft Certification Service. guides, the Commission published a other individually identifiable health [FR Doc. 2016–25354 Filed 11–14–16; 8:45 am] Request for Comments requesting public information. BILLING CODE 4910–13–P In addition, do not include any comment on the overall costs, benefits, ‘‘[t]rade secret or any commercial or necessity, and regulatory impact of the financial information which is . . . Safeguards Rule, with a deadline for privileged or confidential,’’ as discussed filing comments of November 7, 2016. FEDERAL TRADE COMMISSION in Section 6(f) of the FTC Act, 15 U.S.C. On September 12, 2016 (81 FR 63435), 46(f), and FTC Rule 4.10(a)(2), 16 CFR 16 CFR Part 314 the Commission published a Request for 4.10(a)(2). In particular, do not include Public Comment on its Disposal Rule, competitively sensitive information with a deadline for comments of such as costs, sales statistics, RIN 3084–AB35 November 21, 2016. On October 21, inventories, formulas, patterns, devices, 2016, the American Financial Services manufacturing processes, or customer Standards for Safeguarding Customer Association, Consumer Data Industry names. Information Association, and the National Auto If you want the Commission to give AGENCY: Federal Trade Commission. Dealer Association, requested that the your comment confidential treatment, ACTION:Request for public comment; comment period be extended until you must file it in paper form, with a reopening for public comments. November 21, 2016 to coincide with the request for confidential treatment, and comment period for Disposal Rule you must follow the procedure SUMMARY: The Federal Trade Request for Comments. The requesters explained in FTC Rule 4.9(c), 16 CFR Commission (‘‘FTC’’ or ‘‘Commission’’) explained that the two rules are closely 4.9(c). In particular, the written request is extending the deadline for filing related and that comments on the two for confidential treatment that public comments on its recent Request rules may overlap. Therefore, having the accompanies the comment must include for Public Comment on the Standards two comment periods coincide would the factual and legal basis for the for Safeguarding Customer Information make it easier for commenters to request, and must identify the specific (‘‘Safeguards Rule’’ or ‘‘Rule’’). provide feedback on both rules. portions of the comments to be withheld DATES: The comment period for the The Commission agrees that allowing from the public record. Your comment request for public comment published additional time for filing comments on will be kept confidential only if the FTC in the Federal Register on September 7, the Safeguards Rule would help General Counsel grants your request in 2016 (81 FR 61632), is reopened. facilitate the creation of a more accordance with the law and the public Comments must be received on or complete record. In addition, extending interest. before November 21, 2016. the comment period would not harm Postal mail addressed to the consumers because the current Rule will Commission is subject to delay due to ADDRESSES: Interested parties may file a remain in effect during the review heightened security screening. As a comment online or on paper by process. Therefore, the Commission has result, we encourage you to submit your following the Instructions for decided to extend the comment period comment online. To make sure that the Submitting Comments part of the to November 21, 2016. Commission considers your online SUPPLEMENTARY INFORMATION section below. Write ‘‘Safeguards Rule, 16 CFR comment, you must file it at https:// II. Request for Comment 314, Project No. P145407,’’ on your ftcpublic.commentworks.com/ftc/ You can file a comment online or on safeguardsrulenprm by following the comment and file your comment online paper. For the Commission to consider at https://ftcpublic.commentworks.com/ instructions on the web-based form. If your comment, we must receive it on or this document appears at http:// ftc/safeguardsrulenprm by following the before November 21, 2016. Write instructions on the web-based form. If www.regulations.gov/#!home, you also ‘‘Safeguards Rule, 16 CFR 314, Project may file a comment through that Web you prefer to file your comment on No. P145407’’ on the comment. Your paper, mail your comment to the site. comment, including your name and If you file your comment on paper, following address: Federal Trade your state, will be placed on the public write ‘‘Safeguards Rule, 16 CFR 314, Commission, Office of the Secretary, record of this proceeding, including, to Project No. P145407’’ on your comment 600 Pennsylvania Avenue NW., Suite the extent practicable, on the public and on the envelope, and mail your CC–5610 (Annex B), Washington, DC Commission Web site, at https:// comment to the following address: 20580, or deliver your comment to the www.ftc.gov/policy/public-comments. Federal Trade Commission, Office of the following address: Federal Trade As a matter of discretion, the Secretary, 600 Pennsylvania Avenue Commission, Office of the Secretary, Commission tries to remove individuals’ NW., Suite CC–5610 (Annex B), Constitution Center, 400 7th Street SW., home contact information from Washington, DC 20580, or deliver your 5th Floor, Suite 5610 (Annex B), comments before placing them on the comment to the following address: Washington, DC 20024. Commission Web site. Because your Federal Trade Commission, Office of the FOR FURTHER INFORMATION CONTACT: comment will be made public, you are Secretary, Constitution Center, 400 7th mstockstill on DSK3G9T082PROD with PROPOSALS David Lincicum or Katherine McCarron, solely responsible for making sure that Street SW., 5th Floor, Suite 5610 Division of Privacy and Identity your comment does not include any (Annex B), Washington, DC 20024. Protection, Bureau of Consumer sensitive personal information, such as Visit the Commission Web site at Protection, Federal Trade Commission, a Social Security number, date of birth, http://www.ftc.gov to read this 600 Pennsylvania Avenue NW., driver’s license number or other state document and the news release Washington, DC 20580, (202) 326–2773 identification number or foreign country describing it. The FTC Act and other or (202) 326–2333. equivalent, passport number, financial laws that the Commission administers SUPPLEMENTARY INFORMATION: account number, or payment card permit the collection of public VerDate Sep<11>2014 21:55 Nov 11, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\15NOP1.SGM 15NOP1

80012 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Proposed Rules comments to consider and use in this • Mail: General Services 76 FR 14559 on March 16, 2011 proceeding as appropriate. The Administration, Regulatory Secretariat implementing section 811 requirements. Commission will consider all timely Division (MVCB), ATTN: Ms. Flowers, The interim rule was subsequently and responsive public comments that it 1800 F Street NW., 2nd floor, adopted without change as a final rule receives on or before November 21, Washington, DC 20405. and published in the Federal Register at 2016. For information on the Instructions: Please submit comments 77 FR 23369 on April 18, 2012. Prior to Commission’s privacy policy, including only and cite FAR Case 2013–018, in all publication of the rule, three tribal routine uses permitted by the Privacy correspondence related to this case. All consultations were conducted in the Act, see http://www.ftc.gov/ftc/ comments received will be posted Fall of 2010 to address the privacy.htm. without change to http:// implementation of section 811. By direction of the Commission. www.regulations.gov, including any On December 12, 2012, the GAO Donald S. Clark, personal and/or business confidential released its report regarding the use of Secretary. information provided. To confirm the of the sole-source 8(a) justification receipt of your comment(s), please across the Federal Government. The [FR Doc. 2016–27266 Filed 11–14–16; 8:45 am] check www.regulations.gov, GAO–13–118 report indicates that the BILLING CODE 6750–01–P approximately two to three days after FAR needed additional clarification of submission to verify posting (except justification and recommended that allow 30 days for posting of comments clarifying guidance is needed to help DEPARTMENT OF DEFENSE submitted by mail). ensure that agencies are applying the GENERAL SERVICES FOR FURTHER INFORMATION CONTACT: Ms. justification requirement consistently. ADMINISTRATION Mahruba Uddowla, Procurement The GAO report recommended that Analyst, via email at OFPP, in consultation with the FAR NATIONAL AERONAUTICS AND mahruba.uddowla@gsa, or telephone at Council, promulgate guidance to clarify SPACE ADMINISTRATION 703–605–2868, for clarification of the circumstances in which an 8(a) content. For information pertaining to justification is required. As 48 CFR Parts 5, 6, and 19 status or publication schedules, contact recommended, OFPP and the FAR the Regulatory Secretariat at 202–501– Council agree to clarify the FAR with [FAR Case 2013–018; Docket No. 2013– 4755. Please cite FAR Case 2013–018. guidance that will: 0018, Sequence No. 1] SUPPLEMENTARY INFORMATION: • Clarify whether an 8(a) justification RIN 9000–AM90 is required for 8(a) contracts that are I. Background subject to a pre-existing Competition in Federal Acquisition Regulation: DoD, GSA, and NASA are proposing Contracting Act of 1984 (Pub. L. 98–369) Clarification of Requirement for to revise the FAR to further clarify (CICA) class justification. Justifications for 8(a) Sole Source guidance for justifications of 8(a) sole- • Provide additional information on Contracts source contract awards in excess of $22 actions contracting officers should take AGENCY: Department of Defense (DoD), million. This proposed rule responds to to comply with the justification General Services Administration (GSA), the recommendations made by the requirement when the contract value and National Aeronautics and Space Government Accountability Office rises above or falls below $22 million Administration (NASA). (GAO) in its report, GAO–13–118, between the Small Business ACTION: Proposed rule. ‘‘Slow Start to Implementation of Administration’s (SBA’s) acceptance of Justifications for 8(a) Sole-Source the contract for negotiation under the SUMMARY: DoD, GSA, and NASA are Contracts.’’ The GAO report focuses on 8(a) program and the contract award. proposing to amend the Federal the revisions made to the FAR to • Clarify whether and under what Acquisition Regulation (FAR) to clarify implement section 811 of the National circumstances a separate sole-source the guidance for sole-source 8(a) Defense Authorization Act for Fiscal justification is necessary for out-of- contract awards exceeding $22 million. Year 2010 (Pub. L. 111–84) (see 77 FR scope modifications to 8(a) sole-source DATES: Interested parties should submit 23369). Section 811 established the contracts. written comments to the Regulatory requirement that the head of an agency • This rule does not expand on the Secretariat Division at one of the may not award a sole-source 8(a) requirements of section 811. The intent addresses shown below on or before contract for an amount exceeding $20 of the proposed rule is to further clarify January 17, 2017 to be considered in the million (subsequently updated to $22 the processes and procedures in the formation of the final rule. million) unless— FAR to ensure uniform, consistent, and ADDRESSES: Submit comments in • The contracting officer justifies the coherent guidance regarding the use of response to FAR Case 2013–018 by any use of a sole-source contract in writing; sole-source 8(a) justifications. one of the following methods: • The justification is approved by the • Regulations.gov: http:// appropriate official designated to II. Discussion and Analysis www.regulations.gov. Submit comments approve contract awards for dollar The following is a summary of the via the Federal eRulemaking portal by amounts that are comparable to the proposed FAR amendments associated entering ‘‘FAR Case 2013–018’’ under amount of the sole-source contract; and with this rule: the heading ‘‘Enter Keyword or ID’’ and • The justification and related mstockstill on DSK3G9T082PROD with PROPOSALS A. Clarify Whether an 8(a) Justification selecting ‘‘Search.’’ Select the link documentation are made available to the Is Required for 8(a) Contracts That Are ‘‘Submit a Comment’’ that corresponds public in accordance with 10 U.S.C. Subject to a Pre-Existing CICA Class with ‘‘FAR Case 2013–018.’’ Follow the 2304(f)(1)(C) and (l), and 41 U.S.C. Justification instructions provided at the ‘‘Submit a 253(f)(1)(C) and (j) (recodified at 41 Comment’’ screen. Please include your U.S.C. 3304(e)(1)(C) and (f)), as The proposed rule will clarify that a name, company name (if any), and applicable. justification executed under any other ‘‘FAR Case 2013–018’’ on your attached The FAR Council published an authority cannot be substituted for a document. interim rule in the Federal Register at sole-source 8(a) justification. VerDate Sep<11>2014 21:55 Nov 11, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\15NOP1.SGM 15NOP1


Document Created: 2016-11-15 00:47:43
Document Modified: 2016-11-15 00:47:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for public comment; reopening for public comments.
DatesThe comment period for the request for public comment published in the Federal Register on September 7, 2016 (81 FR 61632), is reopened. Comments must be received on or before November 21, 2016.
ContactDavid Lincicum or Katherine McCarron, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580, (202) 326-2773 or (202) 326-2333.
FR Citation81 FR 80011 
RIN Number3084-AB35
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