Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 8959-8962 [2016-03718]

Download as PDF Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and e. Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. mstockstill on DSK4VPTVN1PROD with NOTICES Proposal To Approve Under OMB Delegated Authority the Extension for Three Years, Without Revision, of the Following Reports: 1. Report title: Written Security Program for State Member Banks. Agency form number: FR 4004. OMB control number: 7100–0112. Frequency: On occasion. Reporters: State member banks. Number of respondents: 45. Estimated average hours per response: 0.5 hours. Estimated annual reporting hours: 23 hours. Abstract: The board of directors of each state member bank must designate a security officer to assume the responsibility for the development and administration of a written security program within 180 days of opening for business. Each state member bank must develop and implement a written security program for the bank’s main office and branches and maintain it in the bank’s records. The designated security officer must report at least annually to the bank’s board of directors on the implementation, administration, and effectiveness of the written security program. There is no formal reporting form and the information is not submitted to the Federal Reserve. Legal authorization and confidentiality: This recordkeeping requirement is mandatory pursuant to section 3 of the Bank Protection Act (12 U.S.C. 1882(a)) and Regulation H (12 CFR 208.61). Because written security programs are maintained at state member banks, no issue of confidentiality under the Freedom of Information Act (FOIA) normally arises. However, copies of such documents included in examination work papers would, in such form, be confidential pursuant to exemption 8 of FOIA (5 U.S.C. 552(b)(8)). In addition, the records may also be exempt from disclosure under exemption 4 of FOIA (5 U.S.C. 552(b)(4)). 2. Report title: Risk-Based Capital Guidelines: Market Risk. Agency form number: FR 4201. OMB control number: 7100–0314. Frequency: Varied—some requirements are done at least quarterly and some at least annually. VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 Reporters: State member banks, bank holding companies, and certain savings and loan holding companies. Number of respondents: 28. Estimated burden per respondent: 1,964 hours. Total estimated annual burden: 54,992 hours. Abstract: The market risk rule is an important component of the Board’s regulatory capital framework (12 CFR 217) that requires banking organizations to measure and hold capital to cover their exposure to market risk. On July 2, 2013, the Federal Reserve adopted a revised regulatory capital framework, including the market risk rule, which was expanded to include certain savings and loan holding companies. The information-collection requirements in the market risk rule provide the most current statistical data available to identify areas of market risk on which to focus for onsite and offsite examinations and allow the Federal Reserve to assess and monitor the levels and components of each reporting institution’s risk-based capital requirements for market risk and the adequacy of the institution’s capital under the market risk rule. The reporting, recordkeeping, and disclosure requirements are found in sections 12 CFR 217.203–217.210, and 217.212. These requirements enhance risk sensitivity and introduce requirements for public disclosure of certain qualitative and quantitative information about a financial institution’s market risk. There are no required reporting forms associated with this information collection. Legal authorization and confidentiality: The FR 4201 is authorized under 12 U.S.C. 324, 1844(c), and 1467a(b)(2)(A). Information collected pursuant to the reporting requirements of the FR 4201 (specifically, information related to seeking regulatory approval for the use of certain incremental and comprehensive risk models and methodologies under sections 217.208 and 217.209) is exempt from disclosure pursuant to exemption (b)(8) of FOIA (5 U.S.C. 552(b)(8)), and exemption (b)(4) of FOIA (5 U.S.C. 552(b)(4)). Exemption (b)(8) applies because the reported information is contained in or related to examination reports. Exemption (b)(4) applies because the information provided to obtain regulatory approval of the incremental or comprehensive risk models is confidential business information the release of which could cause substantial competitive harm to the reporting company. The recordkeeping requirements of the FR 4201 require banking organizations to PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 8959 maintain documentation regarding certain policies and procedures, trading and hedging strategies, and internal models. These documents would remain on the premises of the banking organizations and accordingly would not generally be subject to a FOIA request. To the extent these documents are provided to the regulators, they would be exempt under exemption (b)(8), and may be exempt under exemption (b)(4). Exemption (b)(4) protects from disclosure ‘‘trade secrets and commercial or financial information obtained from a person and privileged or confidential.’’ The disclosure requirements of the FR 4201 do not raise any confidentiality issues because they require banking organizations to make certain information public. Board of Governors of the Federal Reserve System, February 18, 2016. Robert deV. Frierson, Secretary of the Board. [FR Doc. 2016–03711 Filed 2–22–16; 8:45 am] BILLING CODE 6210–01–P FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice. AGENCY: 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. SUMMARY: E:\FR\FM\23FEN1.SGM 23FEN1 8960 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 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 (‘‘DoddFrank 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 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 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 1 Pub. L. 111–203, 124 Stat. 1376 (2010). U.S.C. 1681 et seq. 3 Dodd-Frank Act, § 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 DoddFrank Act, § 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. 5 See Dodd-Frank Act, § 1029(a), (c). mstockstill on DSK4VPTVN1PROD with NOTICES 2 15 VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 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. 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 6 76 FR 79308 (Dec. 21, 2011). 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. 7 16 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 determination that a dispute is frivolous or irrelevant (‘‘F/I dispute’’). 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. Estimated number of respondents: 3,986 11 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. 10 OMB Control No. 3084–0144. 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 carveout, 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 DoddFrank 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. 12 74 FR at 31505. 11 Given E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 3,986 respondents × 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 × $53.38 13 = $425,545 Section 660.4 of FTC Rule/Section 1022.43 of CFPB Rule A. Burden Hours mstockstill on DSK4VPTVN1PROD with NOTICES No recurring burden other than that necessary to prepare and distribute F/I notices (estimate: 14 minutes per notice 14). 1. 21,720 F/I disputes (estimated number received by furnishers under the FTC’s jurisdiction 15) 2. Motor vehicle dealer furnisher ‘‘carve-out’’ to FTC: Assumed 4% 16 = 869 F/I disputes 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 × 14 minutes each = 2,635 hours 13 https://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.’’ 14 74 FR at 31505. 15 Id. at 31506 n. 58. 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. VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 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 × $22.24 17 = $58,602 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 https://www.ftc.gov/os/public comments.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 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. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 8961 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. 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/info furnishersrulepra, by following the instructions on the web-based form. When this Notice appears at https:// 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 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). E:\FR\FM\23FEN1.SGM 23FEN1 8962 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices Privacy Act, see https://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 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day–16–16OJ] mstockstill on DSK4VPTVN1PROD with NOTICES Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs. To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639–7570 or send an email to omb@cdc.gov. Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395–5806. Written comments should be received within 30 days of this notice. VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 Proposed Project The Girl Power Project Efficacy Trial—New—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC). The 60-day Federal Register Notice, published on August 12, 2015, was titled ‘‘Efficacy Study of a Mobile Application to Provide Comprehensive and Medically Accurate Sexual Health Information for Adolescent Girls.’’ On January 19, 2016, a 30-day Federal Register Notice was published under the revised title ‘‘The Girl Power Project Efficacy Trial.’’ The burden table in the 30-day Notice was incorrect due to omission of information collection conducted to screen potential study participants for eligibility. This Notice corrects the error and provides an updated estimate of total burden to respondents. Background and Brief Description Despite drastic reductions in teen births across all racial and ethnic groups, Black and Latino girls continue to have disproportionately high rates of teen births. Increasing girls’ access to medically accurate and comprehensive sexual health information is the first step in sustaining momentum in teen pregnancy reduction among all racial and ethnic groups, and in promoting healthy sexual behaviors, especially among minority girls. CDC plans to collect the information needed to test the efficacy of a comprehensive and medically accurate mobile application, titled Crush, in increasing adolescent girls’ contraception use and clinic visitation for sexual and reproductive health services. The information disseminated via Crush is similar to the sexual health information youth can access via other Web sites, sexual health promotion educational materials or in clinics. The study will randomize a sample of 1,200 girls, ages 14–18 years, into two groups: the intervention group and the control group. The intervention group will have access to Crush and will receive weekly sexual health information via text to their phones for six months. The control group will have access to a fitness mobile application (‘‘app’’) and will receive general health information via text to their phones for six months. Participants are expected to access either app frequently throughout a six month period. As part of the analysis, sexual behavior and key psychosocial factors will be assessed at three points in time: at baseline, and at three- and six-month follow-ups. Efficacy testing will respond to the following research questions: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 1. Does exposure to Crush increase consistent contraception use among participants? 2. Does exposure to Crush increase clinic utilization rate among participants? 3. Is media content more attractive to participants than text-based content? For research questions 1 and 2, we hypothesize that participants in the intervention group will report increased intent to use effective contraception and utilize clinic services at three and six months post-intervention. The study will also include a usability testing component to identify the content and features of Crush that are most attractive to participants, the frequency in which Crush was used, and the navigation patterns within Crush. Participants will create an account in the Enrollment Database. This database will host participants’ enrollment information, basic demographic information, and will also track their navigation pattern to monitor Crush visitation frequency and visit duration. Navigation data will be used to assess intervention exposure and dosage to specific content areas of Crush. To test real-world utilization of Crush, control group participants will gain access to Crush six months after enrolling into the study, but will not receive weekly text messages. The study will track visitation frequency and duration of each visit. Usability testing will respond to Research Question #3. We hypothesize that participants in the intervention group will spend more time using media features than textbased content. All information will be collected electronically. This study will collect data through two mechanisms: (1) Selfadministered online surveys, and (2) the Crush enrollment database. Interested participants will initially complete screening questions to confirm their eligibility. CDC estimates that 3,000 respondents will be screened in order to reach the target number of 1,200 enrolled study participants. Information collection for enrolled participants consists of three self-administered online surveys at conduct at baseline, three months after baseline, and six months after baseline. Survey questions will assess behavior, attitudes, social norms about sexual behavior, contraception use and clinic utilization, and satisfaction with Crush. The mobile response surveys will be sent to participants via text message which they can complete on a smartphone. The estimated burden per response is 5–15 minutes. Survey responses will be matched by each participant’s unique identifying E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8959-8962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
---------------------------------------------------------------------------

\10\ OMB Control No. 3084-0144.
---------------------------------------------------------------------------

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\ https://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\).
---------------------------------------------------------------------------

\14\ 74 FR at 31505.

1. 21,720 F/I disputes (estimated number received by furnishers under
the FTC's jurisdiction \15\)
---------------------------------------------------------------------------

\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 https://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 https://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 https://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

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