Agency Information Collection Activities; Proposed Collection; Comment Request, 31604-31608 [2017-14078]
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
Freedom of Information Act (FOIA). To
the extent an institution submits data it
believes are confidential and can
establish the potential for substantial
competitive harm, those responses
would be protected from disclosure
pursuant to exemption 4 of the FOIA (5
U.S.C. 552(b)(4)), under the standards
set forth in National Parks &
Conservation Ass’n v. Morton, 498 F.2d
765 (D.C. Cir. 1974). Such a
determination would be made on a caseby-case basis in response to a specific
request for disclosure of the
information.
Current actions: On April 7, 2017, the
Board published a notice in the Federal
Register (82 FR 17005) requesting
public comment for 60 days on the
extension, without revision, of the
Annual Daylight Overdraft Capital
Report for U.S. Branches and Agencies
of Foreign Banks. The comment period
for this notice expired on June 6, 2017.
The Board did not receive any
comments.
Board of Governors of the Federal Reserve
System, July 3, 2017.
Ann E. Misback
Secretary of the Board.
[FR Doc. 2017–14259 Filed 7–6–17; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than July 24,
2017.
A. Federal Reserve Bank of Atlanta
(Chapelle Davis, Assistant Vice
President) 1000 Peachtree Street NE.,
Atlanta, Georgia 30309. Comments can
also be sent electronically to
Applications.Comments@atl.frb.org:
1. Angela G. Davis and Darcilla D.
Richardson, both of Heflin, Alabama; to
retain voting shares of East Alabama
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Financial Group, Inc., and thereby
indirectly retain additional voting
shares of Small Town Bank, both of
Wedowee, Alabama. Notificants will
join the previously approved Davis
Family control group.
Privacy and Identity Protection, Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Ave.
NW., Drop Box 8232, Washington, DC
20580, (202) 326–2773.
SUPPLEMENTARY INFORMATION:
Board of Governors of the Federal Reserve
System, June 30, 2017.
Yao-Chin Chao,
Assistant Secretary of the Board.
Background
The Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010
(Dodd-Frank Act) 1 substantially
changed the federal legal framework for
financial services providers. Among the
changes, the Dodd-Frank Act transferred
rulemaking authority for a number of
consumer financial protection laws from
seven Federal agencies, including the
FTC, to the Bureau of Consumer
Financial Protection (CFPB) as of July
21, 2011. This transfer to the CFPB
included most provisions of Subtitle A
of Title V of the GrammLeach-Bliley Act
(GLB Act), with respect to financial
institutions described in section 504 of
the GLB Act. Pursuant to the GLB Act,
only the FTC retains rulemaking
authority for its Privacy Rule, 16 CFR
313, for motor vehicle dealers
predominantly engaged in the sale and
servicing of motor vehicles, the leasing
and servicing of motor vehicles, or
both.2 The CFPB implemented its own
regulations to enforce the Dodd-Frank
provisions, including Privacy of
Consumer Financial Information
(Regulation P), 12 CFR 1016.3
Contemporaneous with that issuance,
the CFPB and FTC each had submitted
to OMB, and received its approval for,
the agencies’ respective burden
estimates reflecting their overlapping
enforcement jurisdiction. The FTC
supplemented its estimates for the
enforcement authority exclusive to it
regarding the class of motor vehicle
dealers noted above. Following the
preliminary background information,
the discussion in the Burden Statement
below continues that analytical
framework with appropriate updates or
other revisions for instant purposes.
[FR Doc. 2017–14276 Filed 7–6–17; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
Federal Trade Commission
(FTC or Commission).
ACTION: Notice.
AGENCY:
The information collection
requirements described below will be
submitted to the Office of Management
and Budget (OMB) for review, as
required by the Paperwork Reduction
Act (PRA). The FTC seeks public
comments on its proposal to extend, for
three years, the current PRA clearance
for information collection requirements
contained in the Privacy of Consumer
Financial Information Rule (Privacy
Rule or Rule). That clearance expires on
October 31, 2017.
DATES: Comments must be received on
or before September 5, 2017.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the instructions in the
Request for Comments part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Privacy Rule: Paperwork
Comment: FTC File No. P085405’’ on
your comment, and file your comment
online at https://
ftcpublic.commentworks.com/ftc/
glbfinancialrulepra by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex 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:
Requests for copies of the collection of
information and supporting
documentation should be addressed to
David Lincicum, Attorney, Division of
SUMMARY:
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Proposed Information Collection
Activities
Under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501–3520, federal
agencies must get OMB approval for
each collection of information they
conduct, sponsor, or require.
‘‘Collection of information’’ means
agency requests or requirements to
submit reports, keep records, or provide
information to a third party. 44 U.S.C.
1 Public
Law 111–203, 124 Stat. 1376 (2010).
Dodd-Frank Act, at section 1029(a), (c).
3 See 76 FR 79025 (Dec. 21, 2011); Privacy of
Consumer Financial Information (Regulation P), 12
CFR 1016, OMB Control Number 3170–0010.
2 See
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3502(3); 5 CFR 1320.3(c). As required by
section 3506(c)(2)(A) of the PRA, the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing PRA clearance
for the information collection
requirements associated with
Commission’s Financial Privacy Rule,16
CFR 313 (OMB Control Number 3084–
0121).
The FTC invites comments on: (1)
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;
(2) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond. All
comments must be received on or before
September 5, 2017.
The Privacy Rule is designed to
ensure that customers and consumers,
subject to certain exceptions, will have
access to the privacy policies of the
financial institutions with which they
conduct business. As mandated by the
GLB1 Act (GLBA), 15 U.S.C. 6801–6809,
the Rule requires financial institutions
to disclose to consumers: (1) Initial
notice of the financial institution’s
privacy policy when establishing a
customer relationship with a consumer
and/or before sharing a consumer’s nonpublic personal information with
certain nonaffiliated third parties; (2)
notice of the consumer’s right to opt out
of information sharing with such
parties; (3) annual notice of the
institution’s privacy policy to any
continuing customer; 4 and (4) notice of
changes in the institution’s practices on
information sharing. These
requirements are subject to the PRA.
The Rule does not require
recordkeeping. For PRA burden
calculations the FTC has attributed to
itself the burden for all motor vehicle
dealers that do not routinely extend
credit to consumers directly without
assigning the credit to unaffiliated third
parties (hereafter, motor vehicle
dealers), and then shares equally the
remaining PRA burden with the CFPB
for other types of financial institutions
over which both agencies have
enforcement authority. See 12 U.S.C.
5519.
Privacy Rule Burden Statement
Estimated Annual Hours Burden:
1,725,600 annual hours (FTC portion).
As noted in previous burden
estimates for the Privacy Rule,
determining the PRA burden of the
Rule’s disclosure requirements is very
difficult because of the highly diverse
group of affected entities, consisting of
financial institutions not regulated by a
Federal financial regulatory agency. See
15 U.S.C. 6805 (committing to the
Commission’s jurisdiction entities that
are not specifically subject to another
agency’s jurisdiction).
The burden estimates represent the
FTC staff’s best assessment, based on its
knowledge and expertise relating to the
financial institutions subject to the
Commission’s jurisdiction under this
law. To derive these estimates, staff
considered the wide variations in
covered entities. In some instances,
covered entities may make the required
disclosures in the ordinary course of
business, apart from the Privacy Rule. In
addition, some entities may use highly
automated means to provide the
required disclosures, while others may
rely on methods requiring more manual
effort. The burden estimates shown
below include the time that may be
necessary to train staff to comply with
the regulations. These figures are
averages based on staff’s best estimate of
the burden incurred over the broad
spectrum of covered entities.
Staff estimates that the number of
entities each year that will address the
Privacy Rule for the first time will be
5,000 and the number of established
entities already familiar with the Rule
will be 100,000. While the number of
established entities familiar with the
Rule would theoretically increase each
year with the addition of new entrants,
staff retains its estimate of established
entities for each successive year given
that a number of the established entities
will close in any given year, and also
given the difficulty of establishing a
more precise estimate.
Staff believes that the usage of the
model privacy form and the availability
of the form builder simplify and
automate much of the work associated
with creating the disclosure documents
for new entrants. Staff thus estimates 1
hour of clerical time and 2 hours of
professional/technical time per new
entrant.
For established entities, staff similarly
believes that the usage of the model
privacy form and the availability of the
Online Form Builder reduces the time
associated with the modification of the
notices. Staff thus estimates 7 hours of
clerical time and 3 hours of
professional/technical time per
respondent. Staff estimates that no more
than 1% of the estimated 100,000
established-entity respondents would
make additional changes to privacy
policies at any time other than the
occasion of the annual notice.
Furthermore, under Section 503(f),
businesses who have not changed their
privacy notice since the last notice sent
and who do not share information with
non-affiliated third parties outside of
certain statutory exceptions do not have
to issue annual notices to their
customers. Staff estimates that at least
80% of businesses covered by the rule
will, accordingly, not be required to
issue annual notices.
The complete burden estimates for
new entrants and established entities
are detailed in the charts below.
START-UP HOURS AND LABOR COSTS FOR ALL NEW ENTRANTS
[Table IA]
Hourly wage and labor
category *
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Event
Reviewing internal policies and developing
GLBA-implementing instructions **.
4 On December 4, 2015, Congress amended the
GLBA as part of the Fixing America’s Surface
Transportation Act (FAST Act). This amendment,
titled Eliminate Privacy Notice Confusion (FAST
Act, Pub. L. 114094, section 75001) added new
GLBA section 503(f). This subsection provides an
exception under which financial institutions that
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Hours per
respondent
$42.76 Professional/
Technical.
20
meet certain conditions are not required to provide
annual privacy notices to customers. Section 503(f)
requires that to qualify for this exception, a
financial institution must not share nonpublic
personal information about customers except as
described in certain statutory exceptions, under
which sharing does not trigger a customer’s
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Approx.
number of
respondents
Sfmt 4703
5,000
Approx.
total annual
hrs.
100,000
Approx.
total labor
costs
$4,276,000
statutory right to opt out of the sharing. In addition,
section 503(f)(2) requires that the financial
institution must not have changed its policies and
practices with regard to disclosing nonpublic
personal information from those that the institution
disclosed in the most recent privacy notice the
customer received.
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START-UP HOURS AND LABOR COSTS FOR ALL NEW ENTRANTS—Continued
[Table IA]
Approx.
number of
respondents
Approx.
total labor
costs
Hourly wage and labor
category *
Creating disclosure document or electronic disclosure (including initial, annual, and opt out
disclosures).
$17.91 Clerical ..............
1
5,000
5,000
89,550
$42.76 Professional/
Technical.
$17.91 Clerical ..............
2
5,000
10,000
427,600
15
5,000
75,000
1,343,250
10
5,000
50,000
2,138,000
........................
........................
240,000
8,274,400
Disseminating initial disclosure (including opt out
notices).
Hours per
respondent
Approx.
total annual
hrs.
Event
$42.76 Professional/
Technical.
Total ...............................................................
.......................................
* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates used were based on mean wages
for Financial Examiners and for Office and Administrative Support, corresponding to professional/technical time (e.g., compliance evaluation and/
or planning, designing and producing notices, reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and,
where applicable to the given event, typing or mailing) respectively. See BLS Occupational Employment and Wages, May 2016, Table 1 at https://
www.bls.gov/news.release/pdf/ocwage.pdf. Labor cost totals reflect solely that of the commercial entities affected. Staff estimates that the time
required of consumers to respond affirmatively to respondents’ opt-out programs (be it manually or electronically) would be minimal.
** Reviewing instructions includes all efforts performed by or for the respondent to: Determine whether and to what extent the respondent is
covered by an agency collection of information, understand the nature of the request, and determine the appropriate response (including the creation and dissemination of documents and/or electronic disclosures).
Burden for established entities
already familiar with the Rule
predictably would be less than for
startup entities because start-up costs,
such as crafting a privacy policy, are
generally one-time costs and have
already been incurred. Staff’s best
estimate of the average burden for these
entities is as follows:
BURDEN HOURS AND COSTS FOR ALL ESTABLISHED ENTITIES
[Table IB]
Event
Hourly wage and labor
category *
Reviewing GLBA-implementing policies and
practices..
Disseminating initial notices to new customers ...
Disseminating annual disclosures to pre-existing
customers.
$42.76 Professional/
Technical.
$17.91 Clerical ..............
$17.91 Clerical ..............
Approx.
number of
respondents **
Hours per
respondent
Approx.
total annual
hrs.
Approx.
total labor
costs
4
100,000
400,000
$17,104,000
15
15
100,000
14,000
1,500,000
210,000
26,865,000
3,761,100
5
7
14,001,000
70,000
7,000
2,993,200
125,370
Changes to privacy policies and related disclosures.
$42.76 Professional/
Technical.
$17.91 Clerical ..............
$42.76 Professional/
Technical.
3
1,000
3,000
128,280
Total ...............................................................
.......................................
........................
........................
2,190,000
50,976,950
asabaliauskas on DSKBBXCHB2PROD with NOTICES
* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates used were based on mean wages
for Financial Examiners and for Office and Administrative Support, corresponding to professional/technical time (e.g., compliance evaluation and/
or planning, designing and producing notices, reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and,
where applicable to the given event, typing or mailing) respectively. See BLS Occupational Employment and Wages, May 2016, Table 1 at https://
www.bls.gov/news.release/pdf/ocwage.pdf. Labor cost totals reflect solely that of the affected commercial entities. Consumers have a continuing
right to opt out, as well as a right to revoke their opt-out at any time. When a respondent changes its information sharing practices, consumers
are again given the opportunity to opt out. Again, staff assumes that the time required of consumers to respond affirmatively to respondents’ optout programs (be it manually or electronically) would be minimal.
** The estimate of respondents which are required to disseminate annual notices is based on the following assumptions: (1) 100,000 established respondents, approximately 70% of whom maintain customer relationships exceeding one year, (2) no more than 20% (14,000) of whom
have made changes to their policies and share nonpublic information outside of the statutory exceptions, and therefore are required to provide
annual notices under GLBA 503(f). See CFPB, Proposed Rule, 81 FR 44801, 44809 (July 11, 2016); (3) and no more than 1% (1,000) of whom
make additional changes to privacy policies at any time other than the occasion of the annual notice; and (4) such changes will occur no more
often than once per year.
As calculated above, the total annual
PRA burden hours and labor costs for all
affected entities in a given year would
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be 2,430,000 hours and $59,251,350,
respectively.
The FTC now carves out from these
overall figures the burden hours and
labor costs associated with motor
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vehicle dealers. This is because the
CFPB does not enforce the Privacy Rule
for those types of entities. We estimate
the following:
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ANNUAL START-UP HOURS AND LABOR COSTS FOR NEW MOTOR VEHICLE DEALER ENTRANTS ONLY
[Table IIA]
Approx.
number of
respondents
(Table IA
inputs ×
0.42) **
Hours per
respondent
Approx. total
annual hrs.
Approx. total
labor costs
Event
Hourly wage and labor category
Reviewing internal policies and developing GLBA-implementing instructions **.
Creating disclosure document or
electronic disclosure (including initial, annual, and opt out disclosures).
Disseminating initial disclosure (including opt out notices).
$42.76 Professional/Technical .........
20
2,100
42,000
$1,795,920
$17.91 Clerical .................................
$42.76 Professional/Technical .........
1
2
2,100
2,100
2,100
4,200
37,611
179,592
$17.91 Clerical .................................
$42.76 Professional/Technical .........
15
10
2,100
2,100
31,500
21,000
564,165
897,960
Total ...........................................
...........................................................
........................
100,800
3,475,248
** Multiply the number of respondents from the comparable table above on all new entrants by the following allocation (43,708/105,000) = 0.42.
The number in the denominator represents the total of the FTC’s existing Privacy Rule estimates for new entrants (5,000) and established entities (100,000). The numerator represents an estimate of motor vehicle respondents. For this category, Commission staff relied on the following
industry estimates: 16,708 new car dealers per National Automobile Dealers Association data (2016) and 12,000 independent/used car dealers
who do not extend credit directly to consumers without routinely assigning the credit to third-parties per National Independent Automobile Dealers
Association data (2012), respectively, in addition to 15,000 dealers of other motor vehicles (motorcycles, boats, other recreational vehicles) per
the 2012 economic census, which are also covered within the definition of ‘‘motor vehicle dealer’’ under section 1029(a) of the Dodd-Frank Act.
ANNUAL BURDEN HOURS AND LABOR COSTS FOR ESTABLISHED MOTOR VEHICLE DEALERS ONLY
[Table IIB]
Approx.
number of
respondents ***
(Table IB
inputs × 0.42)
Hours per
respondent
Approx. total
annual hrs.
Approx. total
labor costs
Event
Hourly wage and labor category *
Reviewing GLBA-implementing policies and practices.
Disseminating initial notices to new
customers.
Disseminating annual disclosures to
pre-existing customers.
Changes to privacy policies and related disclosures.
$42.76 Professional/Technical .........
4
42,000
168,600
$7,209,336
$17.91 Clerical .................................
15
42,000
630,000
11,283,300
$17.91
$42.76
$17.91
$42.76
Clerical .................................
Professional/Technical .........
Clerical .................................
Professional/Technical .........
15
5
7
3
5,880
5,880
420
420
88,200
29,400
2,940
1,260
$1,579,662
$1,257,144
52,655
53,878
Total ...........................................
...........................................................
........................
........................
920,400
21,435,975
The FTC’s portion of the annual hourly
burden would be 1,021,200 +
((2,430,000—1,021,200)/2) = 1,725,600
annual hours. The FTC’s portion of the
annual cost burden would be
$24,911,223 + $((59,251,350 ¥
24,911,223)/2) = $42,081,287.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Estimated Capital/Other Non-Labor
Costs Burden
Staff believes that capital or other
non-labor costs associated with the
document requests are minimal.
Covered entities will already be
equipped to provide written notices
(e.g., computers with word processing
programs, copying machines, mailing
capabilities). Most likely, only entities
that already have online capabilities
will offer consumers the choice to
receive notices via electronic format. As
such, these entities will already be
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equipped with the computer equipment
and software necessary to disseminate
the required disclosures via electronic
means.
Request for Comments
You can file a comment online or on
paper. Write ‘‘Privacy Rule: Paperwork
Comment: FTC File No. P085405’’ 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.
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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/
glbfinancialrulepra by following the
instructions on the web based form. If
this Notice appears at https://
www.regulations.gov, you also may file
a comment through that Web site.
If you file your comment on paper,
write ‘‘Privacy Rule: Paperwork
Comment: FTC File No. P085405’’ 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 C), Washington, DC 20580,
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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 C),
Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Because your comment will be placed
on the publicly accessible FTC Web site
at www.ftc.gov, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’s Social Security number; date of
birth; driver’s license number or other
state identification number, or foreign
country equivalent; passport number;
financial account number; or credit or
debit card number. You are also solely
responsible for making sure that your
comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Once your comment has been posted
on the public FTC Web site—as legally
required by FTC Rule 4.9(b)—we cannot
redact or remove your comment from
the FTC Web site, unless you submit a
confidentiality request that meets the
requirements for such treatment under
FTC Rule 4.9(c), and the General
Counsel grants that request in
accordance with the law and the public
interest. Comments containing material
for which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
In particular, the written request for
confidential treatment that accompanies
the comment must include the factual
and legal basis for the request, and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c).
Visit the Commission Web site at
https://www.ftc.gov 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
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appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before September 5, 2017. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/site-information/
privacy-policy.
David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2017–14078 Filed 7–6–17; 8:45 am]
BILLING CODE 6750–01–P
GENERAL SERVICES
ADMINISTRATION
[Notice–MK–2017–02; Docket No. 2017–
0002; Sequence 12]
The Presidential Commission on
Election Integrity (PCEI); Upcoming
Public Advisory Meeting
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Supplemental meeting notice.
AGENCY:
The Presidential Advisory
Commission on Election Integrity
(Commission), a Federal Advisory
Committee established in accordance
with the Federal Advisory Committee
Act (FACA), and Executive Order
13799, will hold its first meeting on
Wednesday, July 19, 2017. This meeting
will consist of a ceremonial swearing in
of Commission members, introductions
and statements from members, a
discussion of the Commission’s charge
and objectives, possible comments or
presentations from invited experts, and
a discussion of next steps and related
matters. The General Services
Administration is announcing this
meeting with less than 15 calendar days’
public notice as July 4th is a federal
holiday, thus delaying the
administrative processing of this notice.
DATES: Meeting Date: The first
Commission meeting will be held on
Wednesday, July 19, 2017, from 11:00
a.m., Eastern Daylight Time (EDT) until
no later than 5:00 p.m., EDT.
ADDRESSES: The meeting will be held at
the Eisenhower Executive Office
Building, Room 350, located at 1650
Pennsylvania Avenue NW., Washington,
DC 20502. It will be open to the public
through livestreaming on https://
www.whitehouse.gov/live.
FOR FURTHER INFORMATION CONTACT: To
obtain information about the
Commission or to submit written
comments for the Commission’s
consideration, contact the Commission’s
SUMMARY:
PO 00000
Frm 00061
Fmt 4703
Sfmt 9990
Designated Federal Officer, Andrew
Kossack, via email at
ElectionIntegrityStaff@ovp.eop.gov or
telephone at 202–456–3794. Please note
the Commission may post written
comments publicly, including names
and contact information, in accordance
with the provisions of FACA (5 U.S.C.
App.). There will not be oral comments
from the public at this initial meeting.
The Commission will provide
individuals interested in providing oral
comments the opportunity to do so at
subsequent meetings. Requests to
accommodate disabilities with respect
to livestreaming or otherwise should
also be sent to the email address listed
above, preferably at least 10 days prior
to the meeting to allow time for
processing.
The
Commission was established in
accordance with E.O. 13799 of March
11, 2017 (https://
www.federalregister.gov/documents/
2017/05/16/2017-10003/establishmentof-presidential-advisory-commission-onelection-integrity), the Commission’s
charter, and the provisions of FACA.
The Commission will, consistent with
applicable law and E.O. 13799, study
the registration and voting processes
used in Federal elections. The
Commission shall be solely advisory
and shall submit a report to the
President of the United States that
identifies the following:
a. Those laws, rules, policies,
activities, strategies, and practices that
enhance the American people’s
confidence in the integrity of the voting
processes used in Federal elections;
b. those laws, rules, policies,
activities, strategies, and practices that
undermine the American people’s
confidence in the integrity of voting
processes used in Federal elections; and
c. those vulnerabilities in voting
systems and practices used for Federal
elections that could lead to improper
voter registrations and improper voting,
including fraudulent voter registrations
and fraudulent voting.
SUPPLEMENTARY INFORMATION:
Dated: July 3, 2017.
Alexander J. Kurien,
Deputy Associate Administrator, Office of
Asset & Transportation Management, Office
of Government-wide Policy.
[FR Doc. 2017–14311 Filed 7–3–17; 4:15 pm]
BILLING CODE 6820–61–P
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31604-31608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14078]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission (FTC or Commission).
ACTION: Notice.
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SUMMARY: The information collection requirements described below will
be submitted to the Office of Management and Budget (OMB) for review,
as required by the Paperwork Reduction Act (PRA). The FTC seeks public
comments on its proposal to extend, for three years, the current PRA
clearance for information collection requirements contained in the
Privacy of Consumer Financial Information Rule (Privacy Rule or Rule).
That clearance expires on October 31, 2017.
DATES: Comments must be received on or before September 5, 2017.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comments part of the
SUPPLEMENTARY INFORMATION section below. Write ``Privacy Rule:
Paperwork Comment: FTC File No. P085405'' on your comment, and file
your comment online at https://ftcpublic.commentworks.com/ftc/glbfinancialrulepra by following the instructions on the web-based
form. If you prefer to file your comment on paper, mail your comment to
the following address: Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex 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: Requests for copies of the collection
of information and supporting documentation should be addressed to
David Lincicum, Attorney, Division of Privacy and Identity Protection,
Bureau of Consumer Protection, Federal Trade Commission, 600
Pennsylvania Ave. NW., Drop Box 8232, Washington, DC 20580, (202) 326-
2773.
SUPPLEMENTARY INFORMATION:
Background
The Dodd-Frank Wall Street Reform and Consumer Protection Act of
2010 (Dodd-Frank Act) \1\ substantially changed the federal legal
framework for financial services providers. Among the changes, the
Dodd-Frank Act transferred rulemaking authority for a number of
consumer financial protection laws from seven Federal agencies,
including the FTC, to the Bureau of Consumer Financial Protection
(CFPB) as of July 21, 2011. This transfer to the CFPB included most
provisions of Subtitle A of Title V of the GrammLeach-Bliley Act (GLB
Act), with respect to financial institutions described in section 504
of the GLB Act. Pursuant to the GLB Act, only the FTC retains
rulemaking authority for its Privacy Rule, 16 CFR 313, for motor
vehicle dealers predominantly engaged in the sale and servicing of
motor vehicles, the leasing and servicing of motor vehicles, or
both.\2\ The CFPB implemented its own regulations to enforce the Dodd-
Frank provisions, including Privacy of Consumer Financial Information
(Regulation P), 12 CFR 1016.\3\ Contemporaneous with that issuance, the
CFPB and FTC each had submitted to OMB, and received its approval for,
the agencies' respective burden estimates reflecting their overlapping
enforcement jurisdiction. The FTC supplemented its estimates for the
enforcement authority exclusive to it regarding the class of motor
vehicle dealers noted above. Following the preliminary background
information, the discussion in the Burden Statement below continues
that analytical framework with appropriate updates or other revisions
for instant purposes.
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\1\ Public Law 111-203, 124 Stat. 1376 (2010).
\2\ See Dodd-Frank Act, at section 1029(a), (c).
\3\ See 76 FR 79025 (Dec. 21, 2011); Privacy of Consumer
Financial Information (Regulation P), 12 CFR 1016, OMB Control
Number 3170-0010.
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Proposed Information Collection Activities
Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520,
federal agencies must get OMB approval for each collection of
information they conduct, sponsor, or require. ``Collection of
information'' means agency requests or requirements to submit reports,
keep records, or provide information to a third party. 44 U.S.C.
[[Page 31605]]
3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the
PRA, the FTC is providing this opportunity for public comment before
requesting that OMB extend the existing PRA clearance for the
information collection requirements associated with Commission's
Financial Privacy Rule,16 CFR 313 (OMB Control Number 3084-0121).
The FTC invites comments on: (1) 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; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on those who
are to respond. All comments must be received on or before September 5,
2017.
The Privacy Rule is designed to ensure that customers and
consumers, subject to certain exceptions, will have access to the
privacy policies of the financial institutions with which they conduct
business. As mandated by the GLB1 Act (GLBA), 15 U.S.C. 6801-6809, the
Rule requires financial institutions to disclose to consumers: (1)
Initial notice of the financial institution's privacy policy when
establishing a customer relationship with a consumer and/or before
sharing a consumer's non-public personal information with certain
nonaffiliated third parties; (2) notice of the consumer's right to opt
out of information sharing with such parties; (3) annual notice of the
institution's privacy policy to any continuing customer; \4\ and (4)
notice of changes in the institution's practices on information
sharing. These requirements are subject to the PRA. The Rule does not
require recordkeeping. For PRA burden calculations the FTC has
attributed to itself the burden for all motor vehicle dealers that do
not routinely extend credit to consumers directly without assigning the
credit to unaffiliated third parties (hereafter, motor vehicle
dealers), and then shares equally the remaining PRA burden with the
CFPB for other types of financial institutions over which both agencies
have enforcement authority. See 12 U.S.C. 5519.
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\4\ On December 4, 2015, Congress amended the GLBA as part of
the Fixing America's Surface Transportation Act (FAST Act). This
amendment, titled Eliminate Privacy Notice Confusion (FAST Act, Pub.
L. 114094, section 75001) added new GLBA section 503(f). This
subsection provides an exception under which financial institutions
that meet certain conditions are not required to provide annual
privacy notices to customers. Section 503(f) requires that to
qualify for this exception, a financial institution must not share
nonpublic personal information about customers except as described
in certain statutory exceptions, under which sharing does not
trigger a customer's statutory right to opt out of the sharing. In
addition, section 503(f)(2) requires that the financial institution
must not have changed its policies and practices with regard to
disclosing nonpublic personal information from those that the
institution disclosed in the most recent privacy notice the customer
received.
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Privacy Rule Burden Statement
Estimated Annual Hours Burden: 1,725,600 annual hours (FTC
portion).
As noted in previous burden estimates for the Privacy Rule,
determining the PRA burden of the Rule's disclosure requirements is
very difficult because of the highly diverse group of affected
entities, consisting of financial institutions not regulated by a
Federal financial regulatory agency. See 15 U.S.C. 6805 (committing to
the Commission's jurisdiction entities that are not specifically
subject to another agency's jurisdiction).
The burden estimates represent the FTC staff's best assessment,
based on its knowledge and expertise relating to the financial
institutions subject to the Commission's jurisdiction under this law.
To derive these estimates, staff considered the wide variations in
covered entities. In some instances, covered entities may make the
required disclosures in the ordinary course of business, apart from the
Privacy Rule. In addition, some entities may use highly automated means
to provide the required disclosures, while others may rely on methods
requiring more manual effort. The burden estimates shown below include
the time that may be necessary to train staff to comply with the
regulations. These figures are averages based on staff's best estimate
of the burden incurred over the broad spectrum of covered entities.
Staff estimates that the number of entities each year that will
address the Privacy Rule for the first time will be 5,000 and the
number of established entities already familiar with the Rule will be
100,000. While the number of established entities familiar with the
Rule would theoretically increase each year with the addition of new
entrants, staff retains its estimate of established entities for each
successive year given that a number of the established entities will
close in any given year, and also given the difficulty of establishing
a more precise estimate.
Staff believes that the usage of the model privacy form and the
availability of the form builder simplify and automate much of the work
associated with creating the disclosure documents for new entrants.
Staff thus estimates 1 hour of clerical time and 2 hours of
professional/technical time per new entrant.
For established entities, staff similarly believes that the usage
of the model privacy form and the availability of the Online Form
Builder reduces the time associated with the modification of the
notices. Staff thus estimates 7 hours of clerical time and 3 hours of
professional/technical time per respondent. Staff estimates that no
more than 1% of the estimated 100,000 established-entity respondents
would make additional changes to privacy policies at any time other
than the occasion of the annual notice. Furthermore, under Section
503(f), businesses who have not changed their privacy notice since the
last notice sent and who do not share information with non-affiliated
third parties outside of certain statutory exceptions do not have to
issue annual notices to their customers. Staff estimates that at least
80% of businesses covered by the rule will, accordingly, not be
required to issue annual notices.
The complete burden estimates for new entrants and established
entities are detailed in the charts below.
Start-Up Hours and Labor Costs for All New Entrants
[Table IA]
----------------------------------------------------------------------------------------------------------------
Hourly wage and Hours per Approx. number Approx. total Approx. total
Event labor category * respondent of respondents annual hrs. labor costs
----------------------------------------------------------------------------------------------------------------
Reviewing internal policies $42.76 20 5,000 100,000 $4,276,000
and developing GLBA- Professional/
implementing instructions **. Technical.
[[Page 31606]]
Creating disclosure document $17.91 Clerical. 1 5,000 5,000 89,550
or electronic disclosure
(including initial, annual,
and opt out disclosures).
$42.76 2 5,000 10,000 427,600
Professional/
Technical.
Disseminating initial $17.91 Clerical. 15 5,000 75,000 1,343,250
disclosure (including opt out
notices).
$42.76 10 5,000 50,000 2,138,000
Professional/
Technical.
---------------------------------------------------------------
Total..................... ................ .............. .............. 240,000 8,274,400
----------------------------------------------------------------------------------------------------------------
* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates
used were based on mean wages for Financial Examiners and for Office and Administrative Support, corresponding
to professional/technical time (e.g., compliance evaluation and/or planning, designing and producing notices,
reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and, where
applicable to the given event, typing or mailing) respectively. See BLS Occupational Employment and Wages, May
2016, Table 1 at https://www.bls.gov/news.release/pdf/ocwage.pdf. Labor cost totals reflect solely that of the
commercial entities affected. Staff estimates that the time required of consumers to respond affirmatively to
respondents' opt-out programs (be it manually or electronically) would be minimal.
** Reviewing instructions includes all efforts performed by or for the respondent to: Determine whether and to
what extent the respondent is covered by an agency collection of information, understand the nature of the
request, and determine the appropriate response (including the creation and dissemination of documents and/or
electronic disclosures).
Burden for established entities already familiar with the Rule
predictably would be less than for startup entities because start-up
costs, such as crafting a privacy policy, are generally one-time costs
and have already been incurred. Staff's best estimate of the average
burden for these entities is as follows:
Burden Hours and Costs for All Established Entities
[Table IB]
----------------------------------------------------------------------------------------------------------------
Approx. number
Event Hourly wage and Hours per of respondents Approx. total Approx. total
labor category * respondent ** annual hrs. labor costs
----------------------------------------------------------------------------------------------------------------
Reviewing GLBA-implementing $42.76 4 100,000 400,000 $17,104,000
policies and practices.. Professional/
Technical.
Disseminating initial notices $17.91 Clerical. 15 100,000 1,500,000 26,865,000
to new customers.
Disseminating annual $17.91 Clerical. 15 14,000 210,000 3,761,100
disclosures to pre-existing
customers.
$42.76 5 14,001,000 70,000 2,993,200
Professional/ 7 7,000 125,370
Technical.
$17.91 Clerical.
Changes to privacy policies $42.76 3 1,000 3,000 128,280
and related disclosures. Professional/
Technical.
---------------------------------------------------------------
Total..................... ................ .............. .............. 2,190,000 50,976,950
----------------------------------------------------------------------------------------------------------------
* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates
used were based on mean wages for Financial Examiners and for Office and Administrative Support, corresponding
to professional/technical time (e.g., compliance evaluation and/or planning, designing and producing notices,
reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and, where
applicable to the given event, typing or mailing) respectively. See BLS Occupational Employment and Wages, May
2016, Table 1 at https://www.bls.gov/news.release/pdf/ocwage.pdf. Labor cost totals reflect solely that of the
affected commercial entities. Consumers have a continuing right to opt out, as well as a right to revoke their
opt-out at any time. When a respondent changes its information sharing practices, consumers are again given
the opportunity to opt out. Again, staff assumes that the time required of consumers to respond affirmatively
to respondents' opt-out programs (be it manually or electronically) would be minimal.
** The estimate of respondents which are required to disseminate annual notices is based on the following
assumptions: (1) 100,000 established respondents, approximately 70% of whom maintain customer relationships
exceeding one year, (2) no more than 20% (14,000) of whom have made changes to their policies and share
nonpublic information outside of the statutory exceptions, and therefore are required to provide annual
notices under GLBA 503(f). See CFPB, Proposed Rule, 81 FR 44801, 44809 (July 11, 2016); (3) and no more than
1% (1,000) of whom make additional changes to privacy policies at any time other than the occasion of the
annual notice; and (4) such changes will occur no more often than once per year.
As calculated above, the total annual PRA burden hours and labor
costs for all affected entities in a given year would be 2,430,000
hours and $59,251,350, respectively.
The FTC now carves out from these overall figures the burden hours
and labor costs associated with motor vehicle dealers. This is because
the CFPB does not enforce the Privacy Rule for those types of entities.
We estimate the following:
[[Page 31607]]
Annual Start-Up Hours and Labor Costs for New Motor Vehicle Dealer Entrants Only
[Table IIA]
----------------------------------------------------------------------------------------------------------------
Approx. number
of respondents
Event Hourly wage and Hours per (Table IA Approx. total Approx. total
labor category respondent inputs x 0.42) annual hrs. labor costs
**
----------------------------------------------------------------------------------------------------------------
Reviewing internal policies $42.76 20 2,100 42,000 $1,795,920
and developing GLBA- Professional/
implementing instructions **. Technical.
Creating disclosure document $17.91 Clerical. 1 2,100 2,100 37,611
or electronic disclosure $42.76 2 2,100 4,200 179,592
(including initial, annual, Professional/
and opt out disclosures). Technical.
Disseminating initial $17.91 Clerical. 15 2,100 31,500 564,165
disclosure (including opt out $42.76 10 2,100 21,000 897,960
notices). Professional/
Technical.
---------------------------------------------------------------
Total..................... ................ .............. 100,800 3,475,248
----------------------------------------------------------------------------------------------------------------
** Multiply the number of respondents from the comparable table above on all new entrants by the following
allocation (43,708/105,000) = 0.42. The number in the denominator represents the total of the FTC's existing
Privacy Rule estimates for new entrants (5,000) and established entities (100,000). The numerator represents
an estimate of motor vehicle respondents. For this category, Commission staff relied on the following industry
estimates: 16,708 new car dealers per National Automobile Dealers Association data (2016) and 12,000
independent/used car dealers who do not extend credit directly to consumers without routinely assigning the
credit to third-parties per National Independent Automobile Dealers Association data (2012), respectively, in
addition to 15,000 dealers of other motor vehicles (motorcycles, boats, other recreational vehicles) per the
2012 economic census, which are also covered within the definition of ``motor vehicle dealer'' under section
1029(a) of the Dodd-Frank Act.
Annual Burden Hours and Labor Costs for Established Motor Vehicle Dealers Only
[Table IIB]
----------------------------------------------------------------------------------------------------------------
Approx. number
Hourly wage and Hours per of respondents Approx. total Approx. total
Event labor category * respondent *** (Table IB annual hrs. labor costs
inputs x 0.42)
----------------------------------------------------------------------------------------------------------------
Reviewing GLBA-implementing $42.76 4 42,000 168,600 $7,209,336
policies and practices. Professional/
Technical.
Disseminating initial notices $17.91 Clerical. 15 42,000 630,000 11,283,300
to new customers.
Disseminating annual $17.91 Clerical. 15 5,880 88,200 $1,579,662
disclosures to pre-existing $42.76 5 5,880 29,400 $1,257,144
customers. Professional/
Technical.
Changes to privacy policies $17.91 Clerical. 7 420 2,940 52,655
and related disclosures. $42.76 3 420 1,260 53,878
Professional/
Technical.
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Total..................... ................ .............. .............. 920,400 21,435,975
----------------------------------------------------------------------------------------------------------------
The FTC's portion of the annual hourly burden would be 1,021,200 +
((2,430,000--1,021,200)/2) = 1,725,600 annual hours. The FTC's portion
of the annual cost burden would be $24,911,223 + $((59,251,350 -
24,911,223)/2) = $42,081,287.
Estimated Capital/Other Non-Labor Costs Burden
Staff believes that capital or other non-labor costs associated
with the document requests are minimal. Covered entities will already
be equipped to provide written notices (e.g., computers with word
processing programs, copying machines, mailing capabilities). Most
likely, only entities that already have online capabilities will offer
consumers the choice to receive notices via electronic format. As such,
these entities will already be equipped with the computer equipment and
software necessary to disseminate the required disclosures via
electronic means.
Request for Comments
You can file a comment online or on paper. Write ``Privacy Rule:
Paperwork Comment: FTC File No. P085405'' 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.
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/glbfinancialrulepra by following the instructions on the web based
form. If this Notice appears at https://www.regulations.gov, you also
may file a comment through that Web site.
If you file your comment on paper, write ``Privacy Rule: Paperwork
Comment: FTC File No. P085405'' 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 C), Washington, DC 20580,
[[Page 31608]]
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 C), Washington, DC 20024. If
possible, submit your paper comment to the Commission by courier or
overnight service.
Because your comment will be placed on the publicly accessible FTC
Web site at www.ftc.gov, you are solely responsible for making sure
that your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure that your comment does not include
any sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Once your comment has been posted on the public FTC Web site--as
legally required by FTC Rule 4.9(b)--we cannot redact or remove your
comment from the FTC Web site, unless you submit a confidentiality
request that meets the requirements for such treatment under FTC Rule
4.9(c), and the General Counsel grants that request in accordance with
the law and the public interest. Comments containing material for which
confidential treatment is requested must be filed in paper form, must
be clearly labeled ``Confidential,'' and must comply with FTC Rule
4.9(c). In particular, the written request for confidential treatment
that accompanies the comment must include the factual and legal basis
for the request, and must identify the specific portions of the comment
to be withheld from the public record. See FTC Rule 4.9(c).
Visit the Commission Web site at https://www.ftc.gov 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 September 5,
2017. You can find more information, including routine uses permitted
by the Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.
David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2017-14078 Filed 7-6-17; 8:45 am]
BILLING CODE 6750-01-P