81 FR 8959 - Agency Information Collection Activities; Proposed Collection; Comment Request; Extension

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range		8959-8962
FR Document		2016-03718

The FTC intends to ask the Office of Management and Budget (``OMB'') to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for the FTC's enforcement of the information collection requirements in its regulation ``Duties of Furnishers of Information to Consumer Reporting Agencies'' (``Information Furnishers Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the furnisher provisions (subpart E) of the CFPB's Regulation V regarding other entities. That clearance expires on August 31, 2016.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8959-8962]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-03718]

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FEDERAL TRADE COMMISSION

Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice.

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SUMMARY: The FTC intends to ask the Office of Management and Budget
(``OMB'') to extend for an additional three years the current Paperwork
Reduction Act (``PRA'') clearance for the FTC's enforcement of the
information collection requirements in its regulation ``Duties of
Furnishers of Information to Consumer Reporting Agencies''
(``Information Furnishers Rule''), which applies to certain motor
vehicle dealers, and its shared enforcement with the Consumer Financial
Protection Bureau (``CFPB'') of the furnisher provisions (subpart E) of
the CFPB's Regulation V regarding other entities. That clearance
expires on August 31, 2016.

DATES: Comments must be filed by April 25, 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 ``Information Furnishers
Rule, PRA Comment, P135407,'' on your comment and file your comment
online at https://ftcpublic.commentworks.com/ftc/infofurnishersrulepra,
by following the instructions on the web-based form.

[[Page 8960]]

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 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: Monique Einhorn, Attorney, Division of
Privacy and Identity Protection, Bureau of Consumer Protection, (202)
326-2575, 600 Pennsylvania Ave. NW., CC-8232, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: On July 21, 2010, President Obama signed
into law the Dodd-Frank Wall Street Reform and Consumer Protection Act
(``Dodd-Frank Act'').\1\ The Dodd-Frank Act substantially changed the
federal legal framework for financial services providers. Among the
changes, the Dodd-Frank Act transferred to the CFPB most of the FTC's
rulemaking authority for the furnisher provisions of the Fair Credit
Reporting Act (``FCRA''),\2\ on July 21, 2011.\3\ For certain other
portions of the FCRA, the FTC retains its rulemaking authority.\4\
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\1\ Pub. L. 111-203, 124 Stat. 1376 (2010).
\2\ 15 U.S.C. 1681 et seq.
\3\ Dodd-Frank Act, Sec. 1061. This date was the ``designated
transfer date'' established by the Treasury Department under the
Dodd-Frank Act. See Dep't of the Treasury, Bureau of Consumer
Financial Protection; Designated Transfer Date, 75 FR 57252, 57253
(Sept. 20, 2010); see also Dodd-Frank Act, Sec. 1062.
\4\ The Dodd-Frank Act does not transfer to the CFPB rulemaking
authority for FCRA sections 615(e) (``Red Flag Guidelines and
Regulations Required'') and 628 (``Disposal of Records''). See 15
U.S.C. 1681s(e); Public Law 111-203, section 1088(a)(10)(E).
Accordingly, the Commission retains full rulemaking authority for
its ``Identity Theft Rules,'' 16 CFR part 681, and its rules
governing ``Disposal of Consumer Report Information and Records,''
16 CFR part 682. See 15 U.S.C. 1681m, 1681w.
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The FTC retains rulemaking authority for its Information Furnishers
Rule solely for motor vehicle dealers described in section 1029(a) of
the Dodd-Frank Act that are predominantly engaged in the sale and
servicing of motor vehicles, the leasing and servicing of motor
vehicles, or both.\5\
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\5\ See Dodd-Frank Act, Sec. 1029(a), (c).
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In addition, the FTC retains its authority to enforce the furnisher
provisions of the FCRA and the FTC and CFPB rules issued under those
provisions. Thus, the FTC and CFPB have overlapping enforcement
authority for many entities subject to the CFPB rule and the FTC has
sole enforcement authority for the motor vehicle dealers subject to the
FTC rule.
On December 21, 2011, the CFPB issued its interim final FCRA rule,
including the furnisher provisions (subpart E) of CFPB's Regulation
V.\6\ Contemporaneous with that issuance, the CFPB and FTC had each
submitted to OMB, and received its approval for, the agencies'
respective burden estimates reflecting their overlapping enforcement
jurisdiction, with the FTC supplementing its estimates for the
enforcement authority exclusive to it regarding the class of motor
vehicle dealers noted above. The discussion below continues that
analytical framework, as appropriately updated or otherwise refined for
instant purposes.
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\6\ 76 FR 79308 (Dec. 21, 2011).
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Burden statement:
Under the PRA, 44 U.S.C. 3501-3521, Federal agencies must get OMB
approval for each collection of information they conduct or sponsor.
``Collection of information'' includes 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). The FTC is seeking clearance
for its assumed share of the estimated PRA burden regarding the
disclosure requirements under the FTC and CFPB Rules.
Under section 660.3 of the FTC's Information Furnishers Rule \7\
and section 1022.42 of the CFPB Rule,\8\ furnishers must establish and
implement reasonable written policies and procedures regarding the
accuracy and integrity of the information relating to consumers that
they furnish to a consumer reporting agency (``CRA'').\9\ Section 660.4
of the FTC Rule and section 1022.43 of the CFPB Rule require that
entities which furnish information about consumers to a CRA respond to
direct disputes from consumers. These provisions also require that a
furnisher notify consumers by mail or other means (if authorized by the
consumer) within five business days after making a determination that a
dispute is frivolous or irrelevant (``F/I dispute'').
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\7\ 16 CFR part 660.
\8\ 12 CFR part 1022.
\9\ The rule defines a ``furnisher'' as an entity that furnishes
information relating to consumers to one or more CRAs for inclusion
in a consumer report, but provides that an entity is not a furnisher
when it: Provides information to a CRA solely to obtain a consumer
report for a permissible purpose under the FCRA; is acting as a CRA
as defined in section 603(f) of the FCRA; is an individual consumer
to whom the furnished information pertains; or is a neighbor,
friend, or associate of the consumer, or another individual with
whom the consumer is acquainted or who may have knowledge about the
consumer's character, general reputation, personal characteristics,
or mode of living in response to a specific request from a CRA.
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The FTC's currently cleared burden totals, post-adjustment for the
effects of the Dodd-Frank Act, are 10,607 hours with $453,297 in
associated labor costs.\10\ Estimated capital/non-labor costs remain
listed as $0 because Commission staff maintains its belief that the
Rule imposes negligible capital or other non-labor costs, as the
affected entities are already likely to have the necessary supplies
and/or equipment (e.g., offices and computers) for the information
collections within the Rule. The only estimates that FTC staff believes
warrant revision are labor costs, for which newer outside data are
available to inform them. The details that follow underlie the FTC's
existing burden estimates and updated labor cost estimates.
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\10\ OMB Control No. 3084-0144.
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Estimated number of respondents: 3,986 \11\
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\11\ Given the broad scope of furnishers, it is difficult to
determine precisely the number of them that are subject to the FTC's
jurisdiction. Nonetheless, Commission staff estimated that the
regulations affect approximately 6,133 such furnishers. See 74 FR
31484, 31505 n. 56 (July 1, 2009 FTC and Federal financial agencies
final rules). It is equally difficult to determine precisely the
number of motor vehicle dealers that furnish information related to
consumers to a CRA for inclusion in a consumer report. For purposes
of estimating its motor vehicle dealer furnisher carve-out, the FTC
has assumed that 30% of the 6,133 furnishers, or 1,840 furnishers,
constitute the number of motor vehicle dealers over which the FTC
retains exclusive jurisdiction under the Dodd-Frank Act. To derive
this 30% estimate, Commission staff divided an estimated number of
car dealers--55,417 (based on industry data for the number of
franchise/new car and independent/used car dealers) by 199,500
(Commission staff's PRA estimate of the number of entities that
extend credit to consumers subject to FTC jurisdiction under the
FCRA, pre-Dodd-Frank, for the Risk-Based Pricing regulations, as
detailed at 75 FR 2724, 2748 n.18 (Jan. 15, 2010)). This came out to
28%. Staff increased this amount to 30% to account for other motor
vehicle dealer types (motorbikes, boats, other recreational) also
covered within the definition of ``motor vehicle dealer'' under
section 1029(a) of the Dodd-Frank Act. The resulting apportionment
for motor vehicle dealers was subtracted from the base figure
(6,133) to determine the net amount (4,293) subject to 50:50
apportionment (approximately 2,146 each) between the FTC and CFPB.
Thus, 1,840 motor vehicle dealers + 2,146 other entities = 3,986
respondents for the FTC's burden calculations.
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Section 660.3 of FTC Rule/Section 1022.42 of CFPB Rule

A. Burden Hours
Yearly recurring burden of 2 hours for training \12\ to help ensure
continued compliance regarding written policies and procedures for the
accuracy and integrity of the information furnished to a CRA about
consumers.
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\12\ 74 FR at 31505.

[[Page 8961]]

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3,986 respondents x 2 hours for training = 7,972 hours
B. Labor Costs
Labor costs are derived by applying appropriate estimated hourly
cost figures to the burden hours described above. The FTC assumes that
respondents will use managerial and/or professional technical personnel
to train company employees in order to foster continued compliance with
the information collection requirements in the Information Furnishers
Rule and the furnisher provisions of Regulation V.

7,972 hours x $53.38 \13\ = $425,545
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\13\ http://www.bls.gov/news.release/ocwage.nr0.htm:
``Occupational Employment and Wages--May 2014,'' Bureau of Labor
Statistics, U.S. Department of Labor, released March 25, 2015, Table
1 (``National employment and wage data from the Occupational
Employment Statistics survey by occupation, May 2014) (hereinafter,
``BLS Table 1''). See mean hourly wage for ``Training and
Development Managers.''
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Section 660.4 of FTC Rule/Section 1022.43 of CFPB Rule

A. Burden Hours
No recurring burden other than that necessary to prepare and
distribute F/I notices (estimate: 14 minutes per notice \14\).
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\14\ 74 FR at 31505.

1. 21,720 F/I disputes (estimated number received by furnishers under
the FTC's jurisdiction \15\)
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\15\ Id. at 31506 n. 58.
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2. Motor vehicle dealer furnisher ``carve-out'' to FTC: Assumed 4% \16\
= 869 F/I disputes
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\16\ FTC staff believes that 4% is a reasonable estimate based
on recent data. See ``Key Dimensions and Processes in the U.S.
Credit Reporting System: A review of how the nation's largest credit
bureaus handle consumer data,'' December 2012, pp. 14, 29, 31, 34.
The CFPB report noted that almost 40% of all consumer disputes at
the nationwide CRAs, on average, can be linked to collections. It
stated that collection trade lines generate significantly higher
numbers of consumer disputes than other types of trade lines--
specifically, four times higher than auto. These figures seem to
suggest that almost 10% of all consumer disputes at the nationwide
CRAs, on average, can be linked to auto. When the FTC issued its
final Rule, FTC staff estimated that 40% of direct disputes would
result in the sending of F/I dispute notices. See 74 FR 31506 n.58.
The FTC's estimate of 4% is based on taking forty percent of the 10%
of all consumer disputes at the nationwide CRAs, on average, linked
to auto loans.
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3. 21,720 F&I disputes--869 ``carve-out'' = 20,851 respondents for
CFPB-FTC split
a. Divided by 2 = 10,425 F/I disputes, co-jurisdiction estimate
b. CFPB: 10,425 F/I disputes
c. FTC: 869 ``carve-out'' + 10,425 additional F/I disputes = 11,294
F/I disputes
d. FTC: 11,294 F/I disputes x 14 minutes each = 2,635 hours
B. Labor Costs
Labor costs are derived by applying appropriate estimated hourly
cost figures to the burden hours described above. The FTC assumes that
respondents will use skilled administrative support personnel to
provide the required F/I dispute notices to consumers.

2,635 hours x $22.24 \17\ = $58,602
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\17\ The revised figure is an averaging of Bureau of Labor
Statistics mean hourly wages for potentially analogous employee
types: First-line supervisors of office and administrative support
workers ($26.15); accounting and auditing clerks ($18.30); brokerage
clerks ($24.10); eligibility interviewers, government programs
($20.41). See BLS Table 1. This averages out to $22.24 per hour,
rounded.

Thus, total estimated burden under the above-noted regulatory
sections is 10,607 hours and $484,147.
Request for Comment: Pursuant to Section 3506(c)(2)(A) of the PRA,
the FTC invites comments on: (1) Whether the disclosure requirements
are necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (3) how to improve the
quality, utility, and clarity of the disclosure requirements; and (4)
how to minimize the burden of providing the required information to
consumers.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before April 25, 2016.
Write ``Information Furnishers Rule, PRA Comment, P135407'' 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, like 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 provided 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 have to follow the procedure explained
in FTC Rule 4.9(c).\18\ Your comment will be kept confidential only if
the FTC General Counsel grants your request in accordance with the law
and the public interest.
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\18\ 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 comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage 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/infofurnishersrulepra, by following the instructions on the web-
based form. When this Notice 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 ``Paperwork Comment: FTC
File No. P135407'' 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 April 25,
2016. For information on the Commission's privacy policy, including
routine uses permitted by the

[[Page 8962]]

Privacy Act, see http://www.ftc.gov/ftc/privacy.htm.

David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2016-03718 Filed 2-22-16; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8959

d. Ways to minimize the burden of Reporters: State member banks, bank maintain documentation regarding
information collection on respondents, holding companies, and certain savings certain policies and procedures, trading
including through the use of automated and loan holding companies. and hedging strategies, and internal
collection techniques or other forms of Number of respondents: 28. models. These documents would remain
information technology; and Estimated burden per respondent: on the premises of the banking
e. Estimates of capital or startup costs 1,964 hours. organizations and accordingly would
and costs of operation, maintenance, Total estimated annual burden: not generally be subject to a FOIA
and purchase of services to provide 54,992 hours. request. To the extent these documents
information. Abstract: The market risk rule is an are provided to the regulators, they
important component of the Board’s would be exempt under exemption
Proposal To Approve Under OMB regulatory capital framework (12 CFR (b)(8), and may be exempt under
Delegated Authority the Extension for 217) that requires banking organizations exemption (b)(4). Exemption (b)(4)
Three Years, Without Revision, of the to measure and hold capital to cover protects from disclosure ‘‘trade secrets
Following Reports: their exposure to market risk. On July 2, and commercial or financial information
1. Report title: Written Security 2013, the Federal Reserve adopted a obtained from a person and privileged
Program for State Member Banks. revised regulatory capital framework, or confidential.’’ The disclosure
Agency form number: FR 4004. including the market risk rule, which requirements of the FR 4201 do not raise
OMB control number: 7100–0112. was expanded to include certain savings any confidentiality issues because they
and loan holding companies. The
Frequency: On occasion. require banking organizations to make
information-collection requirements in
Reporters: State member banks. certain information public.
the market risk rule provide the most
Number of respondents: 45. Board of Governors of the Federal Reserve
current statistical data available to
Estimated average hours per response: identify areas of market risk on which System, February 18, 2016.
0.5 hours. to focus for onsite and offsite Robert deV. Frierson,
Estimated annual reporting hours: 23 examinations and allow the Federal Secretary of the Board.
hours. Reserve to assess and monitor the levels [FR Doc. 2016–03711 Filed 2–22–16; 8:45 am]
Abstract: The board of directors of and components of each reporting BILLING CODE 6210–01–P
each state member bank must designate institution’s risk-based capital
a security officer to assume the requirements for market risk and the
responsibility for the development and adequacy of the institution’s capital
administration of a written security FEDERAL TRADE COMMISSION
under the market risk rule. The
program within 180 days of opening for reporting, recordkeeping, and disclosure Agency Information Collection
business. Each state member bank must requirements are found in sections 12 Activities; Proposed Collection;
develop and implement a written CFR 217.203–217.210, and 217.212. Comment Request; Extension
security program for the bank’s main These requirements enhance risk
office and branches and maintain it in sensitivity and introduce requirements AGENCY: Federal Trade Commission
the bank’s records. The designated for public disclosure of certain (‘‘FTC’’ or ‘‘Commission’’).
security officer must report at least qualitative and quantitative information ACTION: Notice.
annually to the bank’s board of directors about a financial institution’s market
on the implementation, administration, risk. There are no required reporting SUMMARY: The FTC intends to ask the
and effectiveness of the written security forms associated with this information Office of Management and Budget
program. There is no formal reporting collection. (‘‘OMB’’) to extend for an additional
form and the information is not Legal authorization and three years the current Paperwork
submitted to the Federal Reserve. confidentiality: The FR 4201 is Reduction Act (‘‘PRA’’) clearance for the
Legal authorization and authorized under 12 U.S.C. 324, 1844(c), FTC’s enforcement of the information
confidentiality: This recordkeeping and 1467a(b)(2)(A). Information collection requirements in its regulation
requirement is mandatory pursuant to collected pursuant to the reporting ‘‘Duties of Furnishers of Information to
section 3 of the Bank Protection Act (12 requirements of the FR 4201 Consumer Reporting Agencies’’
U.S.C. 1882(a)) and Regulation H (12 (specifically, information related to (‘‘Information Furnishers Rule’’), which
CFR 208.61). Because written security seeking regulatory approval for the use applies to certain motor vehicle dealers,
programs are maintained at state of certain incremental and and its shared enforcement with the
member banks, no issue of comprehensive risk models and Consumer Financial Protection Bureau
confidentiality under the Freedom of methodologies under sections 217.208 (‘‘CFPB’’) of the furnisher provisions
Information Act (FOIA) normally arises. and 217.209) is exempt from disclosure (subpart E) of the CFPB’s Regulation V
However, copies of such documents pursuant to exemption (b)(8) of FOIA (5 regarding other entities. That clearance
included in examination work papers U.S.C. 552(b)(8)), and exemption (b)(4) expires on August 31, 2016.
would, in such form, be confidential of FOIA (5 U.S.C. 552(b)(4)). Exemption DATES: Comments must be filed by April
pursuant to exemption 8 of FOIA (5 (b)(8) applies because the reported 25, 2016.
U.S.C. 552(b)(8)). In addition, the information is contained in or related to ADDRESSES: Interested parties may file a
records may also be exempt from examination reports. Exemption (b)(4) comment online or on paper, by
disclosure under exemption 4 of FOIA applies because the information following the instructions in the
(5 U.S.C. 552(b)(4)).
mstockstill on DSK4VPTVN1PROD with NOTICES

provided to obtain regulatory approval Request for Comment part of the
2. Report title: Risk-Based Capital of the incremental or comprehensive SUPPLEMENTARY INFORMATION section
Guidelines: Market Risk. risk models is confidential business below. Write ‘‘Information Furnishers
Agency form number: FR 4201. information the release of which could Rule, PRA Comment, P135407,’’ on your
OMB control number: 7100–0314. cause substantial competitive harm to comment and file your comment online
Frequency: Varied—some the reporting company. The at https://ftcpublic.commentworks.com/
requirements are done at least quarterly recordkeeping requirements of the FR ftc/infofurnishersrulepra, by following
and some at least annually. 4201 require banking organizations to the instructions on the web-based form.

VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

Document Created: 2018-02-02 14:33:12
Document Modified: 2018-02-02 14:33:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be filed by April 25, 2016.
Contact		Monique Einhorn, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, (202) 326-2575, 600 Pennsylvania Ave. NW., CC-8232, Washington, DC 20580.
FR Citation		81 FR 8959