82 FR 19009 - Children's Online Privacy Protection Rule Safe Harbor Proposed Self-Regulatory Guidelines; TRUSTe COPPA Safe Harbor Program Application To Modify Program Requirements

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 78 (April 25, 2017)

Page Range		19009-19011
FR Document		2017-08248

The Federal Trade Commission publishes this document and request for public comment concerning proposed modifications to TRUSTe's self-regulatory guidelines, under the safe harbor provision of the Children's Online Privacy Protection Rule.

Federal Register, Volume 82 Issue 78 (Tuesday, April 25, 2017)

[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Proposed Rules]
[Pages 19009-19011]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08248]


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FEDERAL TRADE COMMISSION

16 CFR Part 312

RIN 3084-AB20


Children's Online Privacy Protection Rule Safe Harbor Proposed 
Self-Regulatory Guidelines; TRUSTe COPPA Safe Harbor Program 
Application To Modify Program Requirements

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notification announcing submission of modifications to TRUSTe's 
Commission-approved ``safe harbor'' guidelines, and requesting public 
comment.

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SUMMARY: The Federal Trade Commission publishes this document and 
request for public comment concerning proposed modifications to 
TRUSTe's self-regulatory guidelines,

[[Page 19010]]

under the safe harbor provision of the Children's Online Privacy 
Protection Rule.

DATES: Written comments must be received by May 24, 2017.

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 ``TRUSTe Application for 
Modifications to Safe Harbor Program Requirements, Project No. 
P024526'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/coppatruste, by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, write ``TRUSTe Application for Modifications to Safe Harbor 
Program Requirements, Project No. P024526'' 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 E), 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 
E), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Kristin Cohen, Attorney, (202) 326-
2276 or Peder Magee, Attorney, (202) 326-3538, Division of Privacy and 
Identity Protection, Federal Trade Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

Section A. Background

    On October 20, 1999, the Commission issued its final Rule pursuant 
to the Children's Online Privacy Protection Act, 15 U.S.C. 6501 et 
seq., which became effective on April 21, 2000.\1\ On December 19, 
2012, the Commission amended the Rule, and these amendments became 
effective on July 1, 2013.\2\ The Rule requires certain Web site and 
online service operators to post privacy policies and provide notice, 
and obtain verifiable parental consent, prior to collecting, using, or 
disclosing personal information from children under the age of 13.\3\ 
The Rule contains a ``safe harbor'' provision enabling industry groups 
or others to submit to the Commission for approval self-regulatory 
guidelines that would implement the Rule's protections.\4\
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    \1\ 64 FR 59888 (1999).
    \2\ 78 FR 3972 (2013).
    \3\ 16 CFR part 312.
    \4\ See 16 CFR 312.11; 78 FR at 3995-96, 4012-13.
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    Pursuant to Section 312.11 of the Rule, TRUSTe submitted proposed 
self-regulatory guidelines to the Commission that the FTC approved in 
May 2001. TRUSTe subsequently updated its guidelines to comply with the 
revised Rule, which became effective on July 1, 2013. TRUSTe is now 
seeking to modify its Commission-approved Safe Harbor program 
requirements. The text of the proposed modified program requirements is 
available on the Commission's Web site, at www.ftc.gov.

Section B. Questions on the Proposed Modified Program Requirements

    The Commission is seeking comment on various aspects of TRUSTe's 
proposed modified program requirements, and is particularly interested 
in receiving comment on the questions that follow. These questions are 
designed to assist the public and should not be construed as a 
limitation on the issues on which public comment may be submitted. Each 
response should cite the number and subsection of the question being 
answered. For all comments submitted, please provide any relevant data, 
statistics, or any other evidence, upon which those comments are based.
    1. Please provide comments on any or all of the proposed 
modifications to TRUSTe's program requirements. For each provision 
commented on please describe (a) the impact of the provision(s), 
including benefits and costs, if any, and (b) what alternatives, if 
any, should be considered, as well as the costs and benefits of those 
alternatives.
    2. Are the mechanisms used to assess operators' compliance with the 
proposed modified program requirements effective? \5\ If not, please 
describe (a) whether and how TRUSTe could modify the assessment 
mechanisms to satisfy the Rule's requirements, and (b) the costs and 
benefits of those modifications.
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    \5\ See 16 CFR 312.11(b)(2); 78 FR at 4013.
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    3. Are the incentives for operators' compliance with the proposed 
modified program requirements effective? \6\ If not, please describe 
(a) whether and how the incentives could be modified to satisfy the 
Rule's requirements, and (b) the costs and benefits of those 
modifications.
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    \6\ See 16 CFR 312.11(b)(3); 78 FR at 4013.
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    4. Please provide comments on any other issue deemed relevant to 
this matter.

Section C. Invitation To Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before May 24, 2017. 
Write ``TRUSTe Application for Modifications to Safe Harbor Program 
Requirements, Project No. P024526'' 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 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.
    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/coppatruste, 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 ``TRUSTe Application for 
Modifications to Safe Harbor Program Requirements, Project No. 
P024526'' on your comment and on the envelope, and mail or deliver it 
to the following address: Federal Trade Commission, Office of the 
Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 
20024. If possible, submit your paper comment to the Commission by 
courier or overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at www.ftc.gov, you are solely responsible for making sure 
that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else'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, such as medical records or other 
individually identifiable health information. In

[[Page 19011]]

addition, your comment should not include any ``trade secret or any 
commercial or financial information which . . . is privileged or 
confidential''--as provided by 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)--including in 
particular competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    Once your comment has been posted on the public FTC Web site--as 
legally required by FTC Rule 4.9(b)--we cannot redact or remove your 
comment from the FTC Web site, unless you submit a confidentiality 
request that meets the requirements for such treatment under FTC Rule 
4.9(c), and the General Counsel grants that request in accordance with 
the law and the public interest. Comments containing material for which 
confidential treatment is requested must be filed in paper form, must 
be clearly labeled ``Confidential,'' and must comply with FTC Rule 
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 comment 
to be withheld from the public record. See FTC Rule 4.9(c).
    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 
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 May 24, 2017. You can find more information, 
including routine uses permitted by the Privacy Act, in the 
Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-08248 Filed 4-24-17; 8:45 am]
 BILLING CODE 6750-01-P

Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Proposed Rules 19009

triplicate to the address listed above. The Proposal PART 71—DESIGNATION OF CLASS A,
You may also submit comments through B, C, D, AND E AIRSPACE AREAS; AIR
the Internet at http:// The FAA is considering an TRAFFIC SERVICE ROUTES; AND
www.regulations.gov. amendment to Title 14, Code of Federal REPORTING POINTS
Regulations (14 CFR) part 71 by
Persons wishing the FAA to removing the NOTAM part-time status ■ 1. The authority citation for part 71
acknowledge receipt of their comments of the Class E airspace designated as an continues to read as follows:
on this action must submit with those extension to a Class D surface area at
comments a self-addressed stamped Authority: 49 U.S.C. 106(f), 106(g); 40103,
Southwest Georgia Regional Airport, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
postcard on which the following Albany, GA. This action would bring 1959–1963 Comp., p. 389.
statement is made: ‘‘Comments to the airspace description for the airport
Docket No. FAA–2016–9488; Airspace listed in FAA Order 7400.11A in line § 71.1 [Amended]
Docket No. 16–ASO–18.’’ The postcard with the airspace hours listed in the ■ 2. The incorporation by reference in
will be date/time stamped and returned applicable Chart Supplement 14 CFR 71.1 of Federal Aviation
to the commenter. (previously called Airport/Facility Administration Order 7400.11A,
All communications received before Directory). Airspace Designations and Reporting
the specified closing date for comments Points, dated August 3, 2016, effective
Class E airspace designations are
will be considered before taking action September 15, 2016, is amended as
published in Paragraphs 6004 of FAA
on the proposed rule. The proposal follows:
Order 7400.11A, dated August 3, 2016,
contained in this notice may be changed Paragraph 6004 Class E Airspace
and effective September 15, 2016, which
in light of the comments received. A Designated as an Extension to a Class D
is incorporated by reference in 14 CFR
report summarizing each substantive Surface Area.
71.1. The Class E airspace designation
public contact with FAA personnel * * * * *
listed in this document will be
concerned with this rulemaking will be
published subsequently in the Order. ASO GA E4 Albany-Southwest Georgia
filed in the docket.
Regional Airport, GA [Amended]
Regulatory Notices and Analyses
Availability of NPRMs Southwest Georgia Regional Airport, GA
The FAA has determined that this (Lat. 31°32′08″ N., long. 84°11′40″ W.)
An electronic copy of this document Pecan VORTAC
proposed regulation only involves an
may be downloaded from and (Lat. 31°39′19″ N., long. 84°17′35″ W.)
established body of technical
comments submitted through http:// That airspace extending upward from the
regulations for which frequent and
www.regulations.gov. Recently surface within 1.3 miles each side of Pecan
routine amendments are necessary to
published rulemaking documents can VORTAC 143° radial, extending from the 4.2-
also be accessed through the FAA’s Web keep them operationally current. It, mile radius of Southwest Georgia Regional
page at http://www.faa.gov/airports_ therefore: (1) Is not a ‘‘significant Airport to 1 mile southeast of the VORTAC.
airtraffic/air_traffic/publications/ regulatory action’’ under Executive
Issued in College Park, Georgia, on April 4,
airspace_amendments/. Order 12866; (2) is not a ‘‘significant 2017.
rule’’ under DOT Regulatory Policies
You may review the public docket Ryan W. Almasy,
and Procedures (44 FR 11034; February
containing the proposal, any comments Manager, Operations Support Group, Eastern
26, 1979); and (3) does not warrant Service Center, Air Traffic Organization.
received, and any final disposition in preparation of a Regulatory Evaluation
person in the Dockets Office (see the [FR Doc. 2017–08238 Filed 4–24–17; 8:45 am]
as the anticipated impact is so minimal.
ADDRESSES section for address and Since this is a routine matter that will BILLING CODE 4910–13–P
phone number) between 9:00 a.m. and only affect air traffic procedures and air
5:00 p.m., Monday through Friday, navigation, it is certified that this
except Federal Holidays. An informal proposed rule, when promulgated, will FEDERAL TRADE COMMISSION
docket may also be examined between not have a significant economic impact
8:00 a.m. and 4:30 p.m., Monday 16 CFR Part 312
on a substantial number of small entities
through Friday, except Federal Holidays under the criteria of the Regulatory RIN 3084–AB20
at the office of the Eastern Service Flexibility Act.
Center, Federal Aviation Children’s Online Privacy Protection
Administration, Room 350, 1701 Environmental Review Rule Safe Harbor Proposed Self-
Columbia Avenue, College Park, Georgia Regulatory Guidelines; TRUSTe
30337. This proposal would be subject to an COPPA Safe Harbor Program
environmental analysis in accordance Application To Modify Program
Availability and Summary of with FAA Order 1050.1F, Requirements
Documents for Incorporation by ‘‘Environmental Impacts: Policies and
Reference Procedures’’ prior to any FAA final AGENCY: Federal Trade Commission
regulatory action. (FTC or Commission).
This document proposes to amend ACTION: Notification announcing
FAA Order 7400.11A, Airspace Lists of Subjects in 14 CFR Part 71 submission of modifications to
Designations and Reporting Points, TRUSTe’s Commission-approved ‘‘safe
nlaroche on DSK30NT082PROD with PROPOSALS

dated August 3, 2016, and effective Airspace, Incorporation by reference,
Navigation (air). harbor’’ guidelines, and requesting
September 15, 2016. FAA Order public comment.
7400.11A is publicly available as listed The Proposed Amendment
in the ADDRESSES section of this SUMMARY: The Federal Trade
document. FAA Order 7400.11A lists In consideration of the foregoing, the Commission publishes this document
Class A, B, C, D, and E airspace areas, Federal Aviation Administration and request for public comment
air traffic service routes, and reporting proposes to amend 14 CFR part 71 as concerning proposed modifications to
points. follows: TRUSTe’s self-regulatory guidelines,

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Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Proposed Rules 19011

addition, your comment should not ENVIRONMENTAL PROTECTION making effective comments, please visit
include any ‘‘trade secret or any AGENCY https://www.epa.gov/dockets/
commercial or financial information commenting-epa-dockets.
which . . . is privileged or 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT:
confidential’’—as provided by Section [EPA–R03–OAR–2016–0369; FRL–9960–03– Gavin Huang, (215) 814–2042, or by
6(f) of the FTC Act, 15 U.S.C. 46(f), and Region 3] email at huang.gavin@epa.gov.
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— SUPPLEMENTARY INFORMATION:
including in particular competitively Determination of Attainment by the
Attainment Date for the 2008 Ozone I. Background
sensitive information such as costs,
sales statistics, inventories, formulas, Standard; District of Columbia, A. Statutory Requirement—
Maryland, and Virginia; Washington, Determination of Attainment by the
patterns, devices, manufacturing
DC-MD-VA Area Attainment Date
processes, or customer names.
Once your comment has been posted AGENCY: Environmental Protection Section 181(b)(2) of the CAA requires
on the public FTC Web site—as legally Agency (EPA). EPA to determine, within 6 months of
required by FTC Rule 4.9(b)—we cannot ACTION: Proposed rule. an ozone nonattainment area’s
redact or remove your comment from attainment date, whether that area
SUMMARY: The Environmental Protection attained the ozone standard by that date.
the FTC Web site, unless you submit a Agency (EPA) is proposing to determine Section 181(b)(2) of the CAA also
confidentiality request that meets the that the Washington, DC-MD-VA requires that areas that have not attained
requirements for such treatment under marginal ozone nonattainment area (the the standard by their attainment
FTC Rule 4.9(c), and the General Washington Area) has attained the 2008 deadlines be reclassified to either the
Counsel grants that request in ozone national ambient air quality next higher classification (e.g., marginal
accordance with the law and the public standard (NAAQS) by the July 20, 2016 to moderate, moderate to serious, etc.)
interest. Comments containing material attainment date. This proposed or to the classifications applicable to the
for which confidential treatment is determination is based on complete, areas’ design values in Table 1 of 40
requested must be filed in paper form, certified, and quality assured ambient CFR 51.1103. CAA section 181(a)(5)
must be clearly labeled ‘‘Confidential,’’ air quality monitoring data for the provides a mechanism by which the
and must comply with FTC Rule 4.9(c). Washington Area for the 2013 through EPA Administrator may grant a 1-year
In particular, the written request for 2015 monitoring period. This proposed extension of an area’s attainment
confidential treatment that accompanies determination does not constitute a deadline, provided that the relevant
the comment must include the factual redesignation to attainment. This action states meet certain criteria.
is being taken under the Clean Air Act
and legal basis for the request, and must
(CAA). B. The Washington Area and Its
identify the specific portions of the Attainment Date
DATES: Written comments must be
comment to be withheld from the public
received on or before May 25, 2017. On July 18, 1997 at 62 FR 38855, EPA
record. See FTC Rule 4.9(c).
ADDRESSES: Submit your comments, promulgated a revised ozone NAAQS of
Visit the Commission Web site at identified by Docket ID No. EPA–R03– 0.08 parts per million (ppm), averaged
http://www.ftc.gov to read this OAR–2016–0369 at https:// over eight hours. This standard was
document and the news release www.regulations.gov, or via email to determined to be more protective of
describing it. The FTC Act and other rehn.brian@epa.gov. For comments public health than the previous 1979 1-
laws that the Commission administers submitted at Regulations.gov, follow the hour ozone standard. In 2008, EPA
permit the collection of public online instructions for submitting revised the 8-hour ozone NAAQS from
comments to consider and use in this comments. Once submitted, comments 0.08 to 0.075 ppm (the 2008 ozone
proceeding as appropriate. The cannot be edited or removed from NAAQS). See 73 FR 16436 (March 27,
Commission will consider all timely Regulations.gov. For either manner of 2008). In a May 21, 2012 final rule, the
and responsive public comments that it submission, EPA may publish any Washington Area was designated as
receives on or before May 24, 2017. You comment received to its public docket. marginal nonattainment for the more
can find more information, including Do not submit electronically any stringent 2008 ozone NAAQS, effective
routine uses permitted by the Privacy information you consider to be on July 20, 2012. 77 FR 30088. The
Act, in the Commission’s privacy confidential business information (CBI) Washington Area consists of the
policy, at https://www.ftc.gov/site- or other information whose disclosure is Counties of Calvert, Charles, Frederick,
information/privacy-policy. restricted by statute. Multimedia Montgomery, and Prince George’s in
submissions (audio, video, etc.) must be Maryland; the Counties of Arlington,
By direction of the Commission. accompanied by a written comment. Fairfax, Loudoun, and Prince William
Donald S. Clark, The written comment is considered the and the Cities of Alexandria, Fairfax,
Secretary. official comment and should include Falls Church, Manassas, and Manassas
[FR Doc. 2017–08248 Filed 4–24–17; 8:45 am] discussion of all points you wish to Park Cities in Virginia; and the entirety
BILLING CODE 6750–01–P
make. EPA will generally not consider of the District of Columbia. See 40 CFR
comments or comment contents located 81.309, 81.321, and 81.347.
outside of the primary submission (i.e. In a separate rulemaking action, also
nlaroche on DSK30NT082PROD with PROPOSALS

on the web, cloud, or other file sharing published on May 21, 2012 and effective
system). For additional submission on July 20, 2012, EPA established the air
methods, please contact the person quality thresholds that define the
identified in the FOR FURTHER classifications assigned to all
INFORMATION CONTACT section. For the nonattainment areas for the 2008 ozone
full EPA public comment policy, NAAQS (the Classifications Rule). See
information about CBI or multimedia 77 FR 30160. This rulemaking also
submissions, and general guidance on established December 31 of each

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Document Created: 2017-04-25 02:18:26
Document Modified: 2017-04-25 02:18:26

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		Proposed Rules
Action		Notification announcing submission of modifications to TRUSTe's Commission-approved ``safe harbor'' guidelines, and requesting public comment.
Dates		Written comments must be received by May 24, 2017.
Contact		Kristin Cohen, Attorney, (202) 326- 2276 or Peder Magee, Attorney, (202) 326-3538, Division of Privacy and Identity Protection, Federal Trade Commission, Washington, DC 20580.
FR Citation		82 FR 19009
RIN Number		3084-AB20