82_FR_27176 82 FR 27064 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension

82 FR 27064 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 112 (June 13, 2017)

Page Range27064-27066
FR Document2017-12191

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 ``Fair Credit Reporting Risk-Based Pricing Regulations'' (``RBP Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the risk-based pricing provisions (subpart H) of the CFPB's Regulation V regarding other entities. That clearance expires on July 31, 2017.

Federal Register, Volume 82 Issue 112 (Tuesday, June 13, 2017)
[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Pages 27064-27066]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12191]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; 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 ``Fair Credit Reporting 
Risk-Based Pricing Regulations'' (``RBP Rule''), which applies to 
certain motor vehicle dealers, and its shared enforcement with the 
Consumer Financial Protection Bureau (``CFPB'') of the risk-based 
pricing provisions (subpart H) of the CFPB's Regulation V regarding 
other entities. That clearance expires on July 31, 2017.

DATES: Comments must be filed by July 13, 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 ``RBP Rule, PRA Comment, 
P145403,'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/rbprulepra2 by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, write ``RBP Rule, PRA Comment, P145403'' on your comment and 
on the envelope, and mail your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex 
J), 600 Pennsylvania Avenue NW., 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, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Katherine White, Attorney, Division of 
Privacy and Identity Protection, Bureau of Consumer Protection, (202) 
326-2878, 600 Pennsylvania Ave. NW., Room CC-8232, Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: On March 3, 2017, the FTC sought public 
comment on the information collection requirements (creditor 
disclosures to consumers) associated with the RBP Rule and the 
Commission's shared enforcement with the CFPB of subpart H of 
Regulation V (March 3, 2017 Notice \1\) and the FTC's associated PRA 
burden analysis. One relevant comment was received.\2\ The commenter, 
the National Automobile Dealers Association (``NADA''), observed that 
many dealers face compliance costs beyond those that the FTC had 
estimated for respondents to modify and distribute notices:
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    \1\ 82 FR 12452.
    \2\ https://www.ftc.gov/policy/public-comments/initiative-702.


[[Page 27065]]


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    (a) Obtaining those reports, including (i) the direct costs from 
the CRA's, (ii) the personnel costs associated with obtaining the 
reports, and (b) the direct and indirect costs of properly handling, 
storing, and disposing of that sensitive personally identifiable 
information.

    Additionally, NADA contended that the FTC's estimate of hours 
burden does not contemplate the burden associated with ``obtaining, and 
properly handling, storing, and disposing of the information in the 
[credit] reports.''
    The FTC believes that its burden estimates do not need to be 
increased. NADA's suggestion that compliance with the Rule compels its 
members to purchase consumer credit scores is incorrect. Automobile 
dealers, and all other respondents, are covered by the Rule only if 
they already use consumer reports and/or credit scores to set the terms 
of credit they offer to consumers. Because respondents already are 
using consumer reports and have access to the information necessary to 
provide the notices, the Rule does not impose, directly or indirectly, 
the additional cost of purchasing consumer reports or credit scores.
    NADA's comment focuses on automobile dealers that are engaged in 
three-party financing transactions, in which a dealer agrees to extend 
financing to a consumer and then assigns the loan to a third party, 
such as a bank or financing company. In this scenario, automobile 
dealers will obtain certain personal information from consumers, along 
with an authorization to obtain their consumer reports, and will shop 
the information to several potential financing sources. These financing 
sources will pull consumer reports in order to determine the ``buy 
rate'' at which the financing source would agree to purchase the 
contract. The automobile dealer uses a consumer report in setting the 
retail financing rate for the credit because it uses the ``buy rate'' 
offered by the third-party financing source to set the rate offered to 
the consumer. In some instances, the dealer may not have physically 
accessed the consumer report. Nevertheless, the FTC has always 
maintained that the Rule covers these dealers since they are the 
original creditor in a transaction that uses a consumer report in 
connection with an application for, or a grant, extension, or other 
provision of, credit. The FTC's interpretation of the Rule was upheld 
by the DC District Court in Nat'l Auto Dealers Ass'n v. FTC, 854 F. 
Supp. 2d 65 (D.D.C. May 22, 2012).
    This interpretation that dealers are ``original'' creditors under 
the Rule does not impose the vast costs that NADA suggests. As the 
court in Nat'l Auto Dealers Ass'n noted in its decision, ``. . . given 
the preexisting channels between financing sources and auto dealers (to 
convey, for example, credit applications and loan rates), the dealer 
could get the credit information from the financing source as well . . 
. [the FTC's interpretation] does not mandate an impossibility nor does 
it obligate them to purchase a consumer report.'' \3\ Indeed, the 
dealer could require simply that the financing source pass on to the 
dealer the credit score it obtained on the consumer. Although the Rule 
does allow dealers to comply by providing all consumers with their 
credit scores, nothing in the Rule mandates this course of action.
---------------------------------------------------------------------------

    \3\ Nat'l Auto Dealers Ass'n v. FTC, 864 F. Supp. 2d 65, n.17 
(D.D.C. May 22, 2012).
---------------------------------------------------------------------------

    Moreover, automobile dealers already handle, maintain, store, and 
dispose of sensitive personal information about consumers (e.g., credit 
applications, financing contracts etc.). Thus, the FTC does not believe 
that the Rule imposes an additional burden when it comes to the 
handling, storing, and disposing of consumer report information.
    Pursuant to the OMB regulations, 5 CFR part 1320, that implement 
the PRA, 44 U.S.C. 3501 et seq., the FTC is providing this second 
opportunity for public comment while seeking OMB approval to renew 
clearance for the FTC's calculated share of the associated PRA burden 
for the underlying disclosure requirements.
    Burden statement:The burden figures below present estimates of the 
number of applicable motor vehicle dealers subject to the FTC's RBP 
Rule \4\ and their assumed recurring disclosure burden, in addition to 
the estimated number of and burden for other entities over which the 
FTC shares enforcement burden with the CFPB under subpart H of 
Regulation V. For more details about the creditor notifications 
required and the basis for the calculations summarized below, see the 
March 3, 2017 Notice.
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    \4\ The FTC retains rulemaking authority for its RBP Rule solely 
for motor vehicle dealers described in section 1029(a) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-
203, 124 Stat. 1376 (2010)) that are predominantly engaged in the 
sale and servicing of motor vehicles, the leasing and servicing of 
motor vehicles, or both.
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    Title: Fair Credit Reporting Risk-Based Pricing Regulations.
    OMB Control Number: 3084-0145.
    Type of Review: Extension of currently approved collection.
    Estimated number of respondents: 160,250.
    Estimated Annual Burden: 9,652,500 hours and $174,127,650 \5\ in 
associated labor costs.
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    \5\ Bureau of Labor Statistics, Economic News Release, March 31, 
2017, Table 1, ``National employment and wage data from the 
Occupational Employment Statistics survey by occupation, May 2016'': 
http://www.bls.gov/news.release/ocwage.htm. This is an update of the 
labor information used in the March 3, 2017 Notice. The newer table 
shows $18.11 as the mean hourly wage for correspondence clerks, an 
increase from $17.47 previously used.
---------------------------------------------------------------------------

    Estimated Capital or Other Non-Labor Costs: The FTC believes that 
the FTC and CFPB rules impose negligible capital or other non-labor 
costs, as the affected entities are likely to have the necessary 
supplies and/or equipment already (e.g., offices and computers) for the 
information collections discussed above.
    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 July 13, 2017. Write ``RBP Rule, PRA Comment, P145403,'' 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.
    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/rbprulepra2, by following the instructions on the web-based form. 
If 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 ``RBP Rule, PRA Comment, 
P145403'' 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 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, Washington, DC 20024. If 
possible, please submit your paper comment to the Commission by courier 
or overnight service.
    Comments on the information collection requirements subject to 
review under the PRA should additionally be submitted to OMB. If sent 
by U.S. mail, they should be addressed to Office of Information and

[[Page 27066]]

Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for the Federal Trade Commission, New Executive Office 
Building, Docket Library, Room 10102, 725 17th Street NW., Washington, 
DC 20503. Comments sent to OMB by U.S. postal mail are subject to 
delays due to heightened security precautions. Thus, comments instead 
can also be sent via email to [email protected].
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://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 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.
    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). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. 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.
    Visit the FTC Web site to read this Notice. 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 July 13, 2017. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

    David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-12191 Filed 6-12-17; 8:45 am]
 BILLING CODE 6750-01-P



                                               27064                          Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices

                                               Communications Commission, Portals                      Proposed Agenda                                        (‘‘OMB’’) to extend for an additional
                                               II, 445 12th Street SW., Room 5–C162,                                                                          three years the current Paperwork
                                                                                                       Thursday, June 29, 2017, 10:00 a.m.*
                                               Washington, DC 20554.                                                                                          Reduction Act (‘‘PRA’’) clearance for the
                                               FOR FURTHER INFORMATION CONTACT:                        1. Announcements and Recent News                       FTC’s enforcement of the information
                                               Carmell Weathers at (202) 418–2325 or                   2. Approval of March 28 Meeting                        collection requirements in its ‘‘Fair
                                               Carmell.Weathers@fcc.gov. The fax                            Transcript                                        Credit Reporting Risk-Based Pricing
                                               number is: (202) 418–1413. The TTY                      3. Discussion of the North American                    Regulations’’ (‘‘RBP Rule’’), which
                                               number is: (202) 418–0484.                                   Numbering Plan Administrator                      applies to certain motor vehicle dealers,
                                                                                                            (NANPA) Report                                    and its shared enforcement with the
                                               SUPPLEMENTARY INFORMATION: This is a
                                                                                                       4. Discussion of the National Thousands                Consumer Financial Protection Bureau
                                               summary of the Commission’s                                  Block Pooling Administrator (PA)
                                               document in CC Docket No. 92–237, DA                                                                           (‘‘CFPB’’) of the risk-based pricing
                                                                                                            Report                                            provisions (subpart H) of the CFPB’s
                                               17–542 released June 5, 2017. The                       5. Discussion of the Numbering
                                               complete text in this document is                                                                              Regulation V regarding other entities.
                                                                                                            Oversight Working Group (NOWG)                    That clearance expires on July 31, 2017.
                                               available for public inspection and                          Report
                                               copying during normal business hours                    6. Discussion of the Toll Free Number                  DATES: Comments must be filed by July
                                               in the FCC Reference Information                             Administrator (TFNA) Report                       13, 2017.
                                               Center, Portals II, 445 12th Street SW.,                7. Discussion of the North American                    ADDRESSES:  Interested parties may file a
                                               Room CY–A257, Washington, DC 20554.                          Numbering Plan Billing and                        comment online or on paper, by
                                               The document may also be purchased                           Collection (NANP B&C) Agent                       following the instructions in the
                                               from the Commission’s duplicating                            Report                                            Request for Comment part of the
                                               contractor, Best Copy and Printing, Inc.,               8. Discussion of the Billing and                       SUPPLEMENTARY INFORMATION section
                                               445 12th Street SW., Room CY–B402,                           Collection Working Group (B&C                     below. Write ‘‘RBP Rule, PRA Comment,
                                               Washington, DC 20554, telephone (800)                        WG) Report                                        P145403,’’ on your comment and file
                                               378–3160 or (202) 863–2893, facsimile                   9. Discussion of the North American                    your comment online at https://
                                               (202) 863–2898, or via the Internet at                       Portability Management LLC                        ftcpublic.commentworks.com/ftc/
                                               http://www.bcpiweb.com. It is available                      (NAPM LLC) Report                                 rbprulepra2 by following the
                                               on the Commission’s Web site at http://                 10. Discussion of the Local Number                     instructions on the web-based form. If
                                               www.fcc.gov. The North American                              Portability Administrator (LNPA)                  you prefer to file your comment on
                                               Numbering Council (NANC) has                                 Transition Oversight Manager                      paper, write ‘‘RBP Rule, PRA Comment,
                                               scheduled a meeting to be held                               (TOM) Report                                      P145403’’ on your comment and on the
                                               Thursday, June 29, 2017, from 10:00                     11. Discussion of the LNPA Working                     envelope, and mail your comment to the
                                               a.m. until 2:00 p.m. The meeting will be                     Group (WG) Report                                 following address: Federal Trade
                                               held at the Federal Communications                      12. Discussion of the Future of                        Commission, Office of the Secretary,
                                               Commission, Portals II, 445 12th Street                      Numbering Working Group (FoN                      Room H–113 (Annex J), 600
                                               SW., Room TW–C305, Washington, DC.                           WG) Report                                        Pennsylvania Avenue NW., Washington,
                                               This meeting is open to members of the                  13. Status of the Industry Numbering                   DC 20580, or deliver your comment to
                                               general public. The FCC will attempt to                      Committee (INC) Activities                        the following address: Federal Trade
                                               accommodate as many participants as                     14. Status of the ATIS All-IP Transition               Commission, Office of the Secretary,
                                               possible. The public may submit written                      Initiatives                                       Constitution Center, 400 7th Street SW.,
                                               statements to the NANC, which must be                   15. Summary of Action Items
                                                                                                                                                              5th Floor, Suite 5610, Washington, DC
                                               received two business days before the                   16. Public Comments and Participation
                                                                                                                                                              20024.
                                               meeting. In addition, oral statements at                     (maximum 5 minutes per speaker)
                                               the meeting by parties or entities not                  17. Other Business Adjourn no later                    FOR FURTHER INFORMATION CONTACT:
                                               represented on the NANC will be                              than 2:00 p.m.                                    Katherine White, Attorney, Division of
                                               permitted to the extent time permits.                   * The Agenda may be modified at the                    Privacy and Identity Protection, Bureau
                                               Such statements will be limited to five                 discretion of the NANC Chairman with                   of Consumer Protection, (202) 326–
                                               minutes in length by any one party or                   the approval of the Designated Federal                 2878, 600 Pennsylvania Ave. NW.,
                                               entity, and requests to make an oral                    Officer (DFO).                                         Room CC–8232, Washington, DC 20580.
                                               statement must be received two                          Federal Communications Commission.                     SUPPLEMENTARY INFORMATION:    On March
                                               business days before the meeting.                       Marilyn Jones,                                         3, 2017, the FTC sought public comment
                                                  People with Disabilities: To request                                                                        on the information collection
                                               materials in accessible formats for                     Senior Counsel for Number Administration,
                                                                                                       Wireline Competition Bureau.                           requirements (creditor disclosures to
                                               people with disabilities (braille, large                                                                       consumers) associated with the RBP
                                                                                                       [FR Doc. 2017–12222 Filed 6–12–17; 8:45 am]
                                               print, electronic files, audio format),                                                                        Rule and the Commission’s shared
                                               send an email to fcc504@fcc.gov or call                 BILLING CODE 6712–01–P
                                                                                                                                                              enforcement with the CFPB of subpart H
                                               the Consumer and Governmental Affairs                                                                          of Regulation V (March 3, 2017 Notice 1)
                                               Bureau at 202–418–0530 (voice), 202–                                                                           and the FTC’s associated PRA burden
                                               418–0432 (tty). Reasonable                              FEDERAL TRADE COMMISSION                               analysis. One relevant comment was
                                               accommodations for people with                                                                                 received.2 The commenter, the National
                                               disabilities are available upon request.                Agency Information Collection
                                                                                                       Activities; Submission for OMB                         Automobile Dealers Association
                                               Include a description of the                                                                                   (‘‘NADA’’), observed that many dealers
nlaroche on DSK30NT082PROD with NOTICES




                                               accommodation you will need,                            Review; Comment Request; Extension
                                                                                                                                                              face compliance costs beyond those that
                                               including as much detail as you can.                    AGENCY:   Federal Trade Commission                     the FTC had estimated for respondents
                                               Also include a way we can contact you                   (‘‘FTC’’ or ‘‘Commission’’).                           to modify and distribute notices:
                                               if we need more information. Please                     ACTION: Notice.
                                               allow at least five days advance notice;                                                                         1 82   FR 12452.
                                               last minute requests will be accepted,                  SUMMARY:   The FTC intends to ask the                    2 https://www.ftc.gov/policy/public-comments/

                                               but may be impossible to fill.                          Office of Management and Budget                        initiative-702.



                                          VerDate Sep<11>2014   14:58 Jun 12, 2017   Jkt 241001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM     13JNN1


                                                                              Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices                                                    27065

                                                 (a) Obtaining those reports, including (i)            Dealers Ass’n noted in its decision,                       Estimated Annual Burden: 9,652,500
                                               the direct costs from the CRA’s, (ii) the               ‘‘. . . given the preexisting channels                  hours and $174,127,650 5 in associated
                                               personnel costs associated with obtaining the           between financing sources and auto                      labor costs.
                                               reports, and (b) the direct and indirect costs                                                                     Estimated Capital or Other Non-Labor
                                               of properly handling, storing, and disposing            dealers (to convey, for example, credit
                                               of that sensitive personally identifiable               applications and loan rates), the dealer                Costs: The FTC believes that the FTC
                                               information.                                            could get the credit information from                   and CFPB rules impose negligible
                                                                                                       the financing source as well . . . [the                 capital or other non-labor costs, as the
                                                  Additionally, NADA contended that                                                                            affected entities are likely to have the
                                               the FTC’s estimate of hours burden does                 FTC’s interpretation] does not mandate
                                                                                                       an impossibility nor does it obligate                   necessary supplies and/or equipment
                                               not contemplate the burden associated                                                                           already (e.g., offices and computers) for
                                               with ‘‘obtaining, and properly handling,                them to purchase a consumer report.’’ 3
                                                                                                       Indeed, the dealer could require simply                 the information collections discussed
                                               storing, and disposing of the                                                                                   above.
                                               information in the [credit] reports.’’                  that the financing source pass on to the
                                                                                                       dealer the credit score it obtained on the                 Request for Comment: You can file a
                                                  The FTC believes that its burden                                                                             comment online or on paper. For the
                                               estimates do not need to be increased.                  consumer. Although the Rule does
                                                                                                       allow dealers to comply by providing all                Commission to consider your comment,
                                               NADA’s suggestion that compliance                                                                               we must receive it on or before July 13,
                                               with the Rule compels its members to                    consumers with their credit scores,
                                                                                                                                                               2017. Write ‘‘RBP Rule, PRA Comment,
                                               purchase consumer credit scores is                      nothing in the Rule mandates this
                                                                                                                                                               P145403,’’ on your comment. Your
                                               incorrect. Automobile dealers, and all                  course of action.
                                                                                                                                                               comment—including your name and
                                               other respondents, are covered by the                      Moreover, automobile dealers already                 your state—will be placed on the public
                                               Rule only if they already use consumer                  handle, maintain, store, and dispose of                 record of this proceeding, including to
                                               reports and/or credit scores to set the                 sensitive personal information about                    the extent practicable, on the public
                                               terms of credit they offer to consumers.                consumers (e.g., credit applications,                   Commission Web site, at https://
                                               Because respondents already are using                   financing contracts etc.). Thus, the FTC                www.ftc.gov/policy/public-comments.
                                               consumer reports and have access to the                 does not believe that the Rule imposes                     Postal mail addressed to the
                                               information necessary to provide the                    an additional burden when it comes to                   Commission is subject to delay due to
                                               notices, the Rule does not impose,                      the handling, storing, and disposing of                 heightened security screening. As a
                                               directly or indirectly, the additional cost             consumer report information.                            result, we encourage you to submit your
                                               of purchasing consumer reports or                                                                               comments online. To make sure that the
                                                                                                          Pursuant to the OMB regulations, 5
                                               credit scores.                                                                                                  Commission considers your online
                                                  NADA’s comment focuses on                            CFR part 1320, that implement the PRA,
                                                                                                       44 U.S.C. 3501 et seq., the FTC is                      comment, you must file it at https://
                                               automobile dealers that are engaged in                                                                          ftcpublic.commentworks.com/ftc/
                                               three-party financing transactions, in                  providing this second opportunity for
                                                                                                                                                               rbprulepra2, by following the
                                               which a dealer agrees to extend                         public comment while seeking OMB
                                                                                                                                                               instructions on the web-based form. If
                                               financing to a consumer and then                        approval to renew clearance for the
                                                                                                                                                               this Notice appears at http://
                                               assigns the loan to a third party, such                 FTC’s calculated share of the associated
                                                                                                                                                               www.regulations.gov/#!home, you also
                                               as a bank or financing company. In this                 PRA burden for the underlying
                                                                                                                                                               may file a comment through that Web
                                               scenario, automobile dealers will obtain                disclosure requirements.
                                                                                                                                                               site.
                                               certain personal information from                          Burden statement:The burden figures                     If you file your comment on paper,
                                               consumers, along with an authorization                  below present estimates of the number                   write ‘‘RBP Rule, PRA Comment,
                                               to obtain their consumer reports, and                   of applicable motor vehicle dealers                     P145403’’ on your comment and on the
                                               will shop the information to several                    subject to the FTC’s RBP Rule 4 and                     envelope, and mail your comment to the
                                               potential financing sources. These                      their assumed recurring disclosure                      following address: Federal Trade
                                               financing sources will pull consumer                    burden, in addition to the estimated                    Commission, Office of the Secretary,
                                               reports in order to determine the ‘‘buy                 number of and burden for other entities                 600 Pennsylvania Avenue NW., Suite
                                               rate’’ at which the financing source                    over which the FTC shares enforcement                   CC–5610 (Annex J), Washington, DC
                                               would agree to purchase the contract.                   burden with the CFPB under subpart H                    20580, or deliver your comment to the
                                               The automobile dealer uses a consumer                   of Regulation V. For more details about                 following address: Federal Trade
                                               report in setting the retail financing rate             the creditor notifications required and                 Commission, Office of the Secretary,
                                               for the credit because it uses the ‘‘buy                the basis for the calculations                          Constitution Center, 400 7th Street SW.,
                                               rate’’ offered by the third-party                       summarized below, see the March 3,                      5th Floor, Suite 5610, Washington, DC
                                               financing source to set the rate offered                2017 Notice.                                            20024. If possible, please submit your
                                               to the consumer. In some instances, the                    Title: Fair Credit Reporting Risk-                   paper comment to the Commission by
                                               dealer may not have physically accessed                 Based Pricing Regulations.                              courier or overnight service.
                                               the consumer report. Nevertheless, the                                                                             Comments on the information
                                               FTC has always maintained that the                         OMB Control Number: 3084–0145.                       collection requirements subject to
                                               Rule covers these dealers since they are                   Type of Review: Extension of                         review under the PRA should
                                               the original creditor in a transaction that             currently approved collection.                          additionally be submitted to OMB. If
                                               uses a consumer report in connection                                                                            sent by U.S. mail, they should be
                                                                                                          Estimated number of respondents:
                                               with an application for, or a grant,                                                                            addressed to Office of Information and
                                                                                                       160,250.
                                               extension, or other provision of, credit.
                                                                                                                                                                 5 Bureau of Labor Statistics, Economic News
                                               The FTC’s interpretation of the Rule was
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                         3 Nat’lAuto Dealers Ass’n v. FTC, 864 F. Supp.        Release, March 31, 2017, Table 1, ‘‘National
                                               upheld by the DC District Court in Nat’l                2d 65, n.17 (D.D.C. May 22, 2012).                      employment and wage data from the Occupational
                                               Auto Dealers Ass’n v. FTC, 854 F. Supp.                   4 The FTC retains rulemaking authority for its        Employment Statistics survey by occupation, May
                                               2d 65 (D.D.C. May 22, 2012).                            RBP Rule solely for motor vehicle dealers described     2016’’: http://www.bls.gov/news.release/
                                                  This interpretation that dealers are                 in section 1029(a) of the Dodd-Frank Wall Street        ocwage.htm. This is an update of the labor
                                                                                                       Reform and Consumer Protection Act (Pub. L. 111–        information used in the March 3, 2017 Notice. The
                                               ‘‘original’’ creditors under the Rule does              203, 124 Stat. 1376 (2010)) that are predominantly      newer table shows $18.11 as the mean hourly wage
                                               not impose the vast costs that NADA                     engaged in the sale and servicing of motor vehicles,    for correspondence clerks, an increase from $17.47
                                               suggests. As the court in Nat’l Auto                    the leasing and servicing of motor vehicles, or both.   previously used.



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                                               27066                          Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices

                                               Regulatory Affairs, Office of                              Visit the FTC Web site to read this                 ADDRESSES:    You may submit comments,
                                               Management and Budget, Attention:                       Notice. The FTC Act and other laws that                identified by docket number ATSDR–
                                               Desk Officer for the Federal Trade                      the Commission administers permit the                  2014–0002, by any of the following
                                               Commission, New Executive Office                        collection of public comments to                       methods:
                                               Building, Docket Library, Room 10102,                   consider and use in this proceeding as                   • Internet: Access the Federal
                                               725 17th Street NW., Washington, DC                     appropriate. The Commission will                       eRulemaking Portal at
                                               20503. Comments sent to OMB by U.S.                     consider all timely and responsive                     www.regulations.gov. Follow the
                                               postal mail are subject to delays due to                public comments that it receives on or                 instructions for submitting comments.
                                               heightened security precautions. Thus,                  before July 13, 2017. For information on                 • Mail: Division of Toxicology and
                                               comments instead can also be sent via                   the Commission’s privacy policy,                       Human Health Sciences, Agency for
                                               email to wliberante@omb.eop.gov.                        including routine uses permitted by the                Toxic Substances and Disease Registry,
                                                  Because your comment will be placed                  Privacy Act, see https://www.ftc.gov/                  1600 Clifton Rd. NE., MS F–57, Atlanta,
                                               on the publicly accessible FTC Web site                 site-information/privacy-policy.                       GA 30329.
                                               at https://www.ftc.gov/, you are solely                  David C. Shonka,                                        Instructions: All submissions must
                                               responsible for making sure that your                   Acting General Counsel.                                include the agency name and docket
                                               comment does not include any sensitive                  [FR Doc. 2017–12191 Filed 6–12–17; 8:45 am]            number for this notice. All relevant
                                               or confidential information. In                                                                                comments will be posted without
                                                                                                       BILLING CODE 6750–01–P
                                               particular, your comment should not                                                                            change. This means that no confidential
                                               include any sensitive personal                                                                                 business information or other
                                               information, such as your or anyone                                                                            confidential information should be
                                               else’s Social Security number; date of                  DEPARTMENT OF HEALTH AND                               submitted in response to this notice.
                                               birth; driver’s license number or other                 HUMAN SERVICES
                                               state identification number, or foreign                                                                        FOR FURTHER INFORMATION CONTACT:
                                               country equivalent; passport number;                    Agency for Toxic Substances and                        Commander Jessilynn B. Taylor,
                                               financial account number; or credit or                  Disease Registry                                       Division of Toxicology and Human
                                               debit card number. You are also solely                                                                         Health Sciences, Agency for Toxic
                                               responsible for making sure that your                   [Docket No. ATSDR–2014–0002]                           Substances and Disease Registry, 1600
                                               comment does not include any sensitive                                                                         Clifton Rd. NE., MS F–57, Atlanta, GA
                                                                                                       Availability of Draft Toxicological                    30329, Email: jxt1@cdc.gov; Phone:
                                               health information, such as medical                     Profiles: Antimony; 2,4-D;
                                               records or other individually                                                                                  770–488–3313.
                                                                                                       Molybdenum; Silica
                                               identifiable health information. In                                                                            SUPPLEMENTARY INFORMATION: The
                                               addition, your comment should not                       AGENCY:  Agency for Toxic Substances                   Superfund Amendments and
                                               include any ‘‘trade secret or any                       and Disease Registry (ATSDR),                          Reauthorization Act of 1986 (SARA) [42
                                               commercial or financial information                     Department of Health and Human                         U.S.C. 9601 et seq.] amended the
                                               which . . . is privileged or                            Services (HHS).                                        Comprehensive Environmental
                                               confidential’’—as provided by Section                   ACTION: Notice of availability, and                    Response, Compensation, and Liability
                                               6(f) of the FTC Act, 15 U.S.C. 46(f), and               request for comment.                                   Act of 1980 (CERCLA or Superfund) [42
                                               FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—                                                                        U.S.C. 9601 et seq.] by establishing
                                               including in particular competitively                   SUMMARY:    The Agency for Toxic                       certain requirements for ATSDR and the
                                               sensitive information such as costs,                    Substances and Disease Registry                        U.S. Environmental Protection Agency
                                               sales statistics, inventories, formulas,                (ATSDR), within the Department of                      (EPA) regarding hazardous substances
                                               patterns, devices, manufacturing                        Health and Human Services (HHS)                        that are most commonly found at
                                               processes, or customer names.                           announces the availability of                          facilities on the CERCLA National
                                                  Comments containing material for                     Toxicological Profiles for review and                  Priorities List (NPL). Among these
                                               which confidential treatment is                         comment. All toxicological profiles                    statutory requirements is a mandate for
                                               requested must be filed in paper form,                  issued as ‘‘Drafts for Public Comment’’                the Administrator of ATSDR to prepare
                                               must be clearly labeled ‘‘Confidential,’’               represent ATSDR’s best efforts to                      toxicological profiles for each substance
                                               and must comply with FTC Rule 4.9(c).                   provide important toxicological                        included on the priority list of
                                               In particular, the written request for                  information on priority hazardous                      hazardous substances [also called the
                                               confidential treatment that accompanies                 substances. ATSDR is seeking public                    Substance Priority List (SPL)]. This list
                                               the comment must include the factual                    comments and additional information or                 identifies 275 hazardous substances that
                                               and legal basis for the request, and must               reports on studies about the health                    ATSDR and EPA have determined pose
                                               identify the specific portions of the                   effects of these four substances for                   the most significant potential threat to
                                               comment to be withheld from the public                  review and potential inclusion in the                  human health. The SPL is available
                                               record. See FTC Rule 4.9(c). Your                       profiles.                                              online at www.atsdr.cdc.gov/spl.
                                               comment will be kept confidential only                     Although ATSDR considers key                          In addition, CERCLA provides ATSDR
                                               if the General Counsel grants your                      studies for these substances during the                with the authority to prepare
                                               request in accordance with the law and                  profile development process, this                      toxicological profiles for substances not
                                               the public interest. Once your comment                  document solicits any relevant,                        found on the SPL. CERCLA authorizes
                                               has been posted on the public FTC Web                   additional studies. ATSDR will evaluate                ATSDR to establish and maintain
                                               site—as legally required by FTC Rule                    the quality and relevance of such data                 inventory of literature, research, and
nlaroche on DSK30NT082PROD with NOTICES




                                               4.9(b)—we cannot redact or remove                       or studies for possible inclusion into the             studies on the health effects of toxic
                                               your comment from the FTC Web site,                     profile. ATSDR remains committed to                    substances (CERCLA Section
                                               unless you submit a confidentiality                     providing a public comment period for                  104(i)(1)(B)); to respond to requests for
                                               request that meets the requirements for                 these documents as a means to best                     health consultations (CERCLA Section
                                               such treatment under FTC Rule 4.9(c),                   serve public health and the public.                    104(i)(4)); and to support the site-
                                               and the General Counsel grants that                     DATES: Comments must be submitted by                   specific response actions conducted by
                                               request.                                                September 11, 2017.                                    the agency.


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Document Created: 2017-06-13 00:21:52
Document Modified: 2017-06-13 00:21:52
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 filed by July 13, 2017.
ContactKatherine White, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, (202) 326-2878, 600 Pennsylvania Ave. NW., Room CC-8232, Washington, DC 20580.
FR Citation82 FR 27064 

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