Privacy Act of 1974; System of Records, 3043-3044 [E9-887]
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3043
Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices
language interpretation or other
reasonable accommodations, should
contact Mary Dove, Commission
Secretary, at (202) 694–1040, at least 72
hours prior to the hearing date.
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
Mary Dove,
Secretary of the Commission.
[FR Doc. E9–855 Filed 1–15–09; 8:45 am]
BILLING CODE 6715–01–P
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
Privacy Act of 1974; System of
Records
mstockstill on PROD1PC66 with NOTICES
AGENCY: Federal Retirement Thrift
Investment Board.
ACTION: Notice to alter a system of
records.
SUMMARY: The Federal Retirement Thrift
Investment Board (Agency) proposes to
alter a system of records notice in its
existing inventory of records subject to
the Privacy Act of 1974, (5 U.S.C. 552a),
as amended.
The proposed changes to FRTIB–1,
Thrift Savings Plan Records, are
necessary as the system location, system
manager, and record access procedures
have changed. These changes are also
necessary in order to make clear the
distinction between information
available to beneficiaries and
information available to someone
handling a participant’s estate. Finally,
these changes are necessary to allow the
Agency to share participant information
with agency personnel and casualty
assistance officers who are aiding
beneficiaries, with consumer reporting
agencies when necessary for the Agency
to collect a debt owed to it under 5
U.S.C. 3711, and with quality control
companies that are verifying documents
submitted to lenders in connection with
participants’ commercial loan
applications.
DATES: Effective Date: This proposed
action will be effective without further
notice on February 17, 2009 unless
comments are received which result in
a contrary determination.
ADDRESSES: Comments may be sent to
Megan Graziano, Assistant General
Counsel, Federal Retirement Thrift
Investment Board, 1250 H Street, NW.,
Washington, DC 20005. The Agency’s
fax number is (202) 942–1676.
FOR FURTHER INFORMATION CONTACT:
Megan Graziano on (202) 942–1660.
SUPPLEMENTARY INFORMATION: The
Agency administers the TSP, which was
VerDate Nov<24>2008
19:02 Jan 15, 2009
Jkt 217001
established by the Federal Employees’
Retirement System Act of 1986
(FERSA), Public Law 99–335, 100 Stat.
514. The TSP provisions of FERSA are
codified, as amended, largely at 5 U.S.C.
8351 and 8401–79. The TSP is a taxdeferred retirement savings plan for
Federal civilian employees and
members of the uniformed services. The
TSP is similar to cash or deferred
arrangements established for privatesector employees under section 401(k)
of the Internal Revenue Code (26 U.S.C.
401(k)).
The proposed system reports, as
required by 5 U.S.C. 552a(r), of the
Privacy Act of 1974, as amended, were
submitted to the House Committee on
Government Reform, the Senate
Committee on Homeland Security and
Government Affairs, and the Office of
Management and Budget (OMB)
pursuant to paragraph 4c of Appendix I
to OMB Circular No. A–130, ‘‘Federal
Agency Responsibilities for Maintaining
Records About Individuals,’’ dated
February 8, 1996 (February 20, 1996, 61
FR 6427).
Thomas K. Emswiler,
General Counsel, Federal Retirement Thrift
Investment Board.
FRTIB–1
SYSTEM NAME:
*
*
*
*
*
SYSTEM LOCATION:
Delete the entry and replace with
these two sentences: ‘‘These records are
located at the office of the entity
engaged by the Agency to perform
record keeping services for the TSP. The
current address for this record keeper is
listed at https://www.tsp.gov.’’
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
*
*
*
*
*
would constitute a clearly unwarranted
invasion of privacy) and the name and
relationship of any other person who
claims the benefits or who is entitled to
share the benefits payable.’’ Add the
following subpart after (e) and
redesignate all subparts thereafter:
‘‘(f). When a participant to whom a
record pertains dies, to disclose the
following types of information to
anyone handling the participant’s estate:
Information in the participant’s record
which could have been properly
disclosed to the participant when living
(unless doing so would constitute a
clearly unwarranted invasion of
privacy), the name and the relationship
of any person who claims the benefits
or who is entitled to share the benefits
payable, and information necessary for
the estate’s administration (for example,
post-death tax reporting).’’
Add the following subparts after
subpart (r):
‘‘(s). To disclose to personnel from
agency personnel/payroll offices or to
casualty assistance officers when
necessary to assist a beneficiary or
potential beneficiary.
(t). To disclose to a consumer
reporting agency when the Board is
trying to collect a debt owed to the
Board under the provisions of 5 U.S.C.
3711.
(u). To disclose to quality control
companies when such companies are
verifying documents submitted to
lenders in connection with participants’
commercial loan applications.’’
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
*
*
*
*
*
*
*
*
*
*
*
*
STORAGE:
*
*
RETRIEVABILITY:
*
*
*
CATEGORIES OF RECORDS IN THE SYSTEM:
SAFEGUARDS:
*
*
*
*
*
*
*
*
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
RETENTION AND DISPOSAL:
*
*
*
*
*
*
PURPOSES:
*
*
*
*
*
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Edit subpart (e) as follows:
‘‘(e). When a participant to whom a
record pertains dies, to disclose the
following types of information to any
potential beneficiary: Information in the
participant’s record which could have
been properly disclosed to the
participant when living (unless doing so
PO 00000
*
*
*
*
SYSTEM MANAGER(S) AND ADDRESS:
Frm 00053
Fmt 4703
Sfmt 4703
Delete, the words ‘‘Executive
Director’’ and replace with the words
‘‘Chief Financial Officer.’’
RECORD ACCESS PROCEDURES:
Delete the third sentence in the final
paragraph and replace entry with these
two sentences: ‘‘To use the TSP
ThriftLine, the participant must have a
touch-tone telephone and call the
following number 1–877–968–3778.
Hearing-impaired participants should
dial 1–877–847–4385.’’
E:\FR\FM\16JAN1.SGM
16JAN1
3044
Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices
Delete the fifth and final sentence in
the final paragraph.
CONTESTING RECORD PROCEDURES:
*
*
*
*
*
RECORD SOURCE CATEGORIES:
*
*
*
*
*
[FR Doc. E9–887 Filed 1–15–09; 8:45 am]
BILLING CODE 6760–01–P
FEDERAL TRADE COMMISSION
[File No. 082 3032]
Shiva Venture Group, Inc. dba INNOVA
Financial Group; Analysis of Proposed
Consent Order to Aid Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
mstockstill on PROD1PC66 with NOTICES
SUMMARY: The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
DATES: Comments must be received on
or before February 9, 2009.
ADDRESSES: Interested parties are
invited to submit written comments.
Comments should refer to ‘‘Innova
Financial Group, File No. 082 3032,’’ to
facilitate the organization of comments.
A comment filed in paper form should
include this reference both in the text
and on the envelope, and should be
mailed or delivered to the following
address: Federal Trade Commission/
Office of the Secretary, Room 135-H,
600 Pennsylvania Avenue, N.W.,
Washington, D.C. 20580. Comments
containing confidential material must be
filed in paper form, must be clearly
labeled ‘‘Confidential,’’ and must
comply with Commission Rule 4.9(c).
16 CFR 4.9(c) (2005).1 The FTC is
requesting that any comment filed in
paper form be sent by courier or
overnight service, if possible, because
U.S. postal mail in the Washington area
and at the Commission is subject to
delay due to heightened security
precautions. Comments that do not
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See
Commission Rule 4.9(c), 16 CFR 4.9(c).
VerDate Nov<24>2008
19:02 Jan 15, 2009
Jkt 217001
contain any nonpublic information may
instead be filed in electronic form by
following the instructions on the webbased form at (https://
secure.commentworks.com/ftcInnovaFinancialGroup). To ensure that
the Commission consider an electronic
comment, you must file it on that webbased form.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. All timely and responsive
public comments, whether filed in
paper or electronic form, will be
considered by the Commission, and will
be available to the public on the FTC
website, to the extent practicable, at
www.ftc.gov. As a matter of discretion,
the FTC makes every effort to remove
home contact information for
individuals from the public comments it
receives before placing those comments
on the FTC website. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at (https://www.ftc.gov/
ftc/privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Carole Reynolds, Bureau of Consumer
Protection, 600 Pennsylvania Avenue,
NW, Washington, D.C. 20580, (202) 3263230.
Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 2.34 of the Commission
Rules of Practice, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for January 8, 2009), on the
World Wide Web, at (https://
www.ftc.gov/os/2009/01/index.htm). A
paper copy can be obtained from the
FTC Public Reference Room, Room 130H, 600 Pennsylvania Avenue, NW,
Washington, D.C. 20580, either in
person or by calling (202) 326-2222.
Public comments are invited, and may
be filed with the Commission in either
paper or electronic form. All comments
should be filed as prescribed in the
ADDRESSES section above, and must be
received on or before the date specified
in the DATES section.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
Analysis of Agreement Containing
Consent Order to Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’) has accepted, subject to final
approval, an agreement containing a
consent order from Shiva Venture
Group, Inc. dba Innova Financial Group
(‘‘respondent’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for the receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement or make
final the agreement’s proposed order.
The complaint alleges that respondent
engaged in practices that violate Section
5(a) of the Federal Trade Commission
Act, 15 U.S.C. § 45(a), Section 144 of the
Truth in Lending Act (‘‘TILA’’), 15
U.S.C. § 1664, and Section 226.24 of
Regulation Z, 12 C.F.R. § 226.24.
Section 5(a) of the FTC Act prohibits
unfair or deceptive acts or practices.
Respondent violated Section 5(a) of the
FTC Act, because it disseminated or has
caused to be disseminated home loan
advertisements which offer a low
monthly payment amount and/or
payment rate, but fail to disclose, or fail
to disclose adequately, that this monthly
payment amount and/or payment rate:
(1) Apply only for a limited period of
time, after which they will increase; (2)
do not include the amount of interest
that the consumer owes each month;
and (3) are less than the monthly
payment amount (including interest)
and/or the interest rate that the
consumer owes, with the difference
added to the total amount due from the
consumer or total loan balance. This
information would be material to
consumers shopping for a mortgage loan
and the failure to disclose, or failure to
disclose adequately, this information is
a deceptive practice.
TILA and Regulation Z require that
closed-end credit advertisers who state
a periodic payment amount must also
provide additional information in the
advertisement, including the terms of
repayment; the annual percentage rate
(‘‘APR’’); and if the APR may be
increased after consummation, that fact.
TILA and Regulation Z also require that
if an advertisement states a rate of
finance charge, it must state the rate as
an APR. Currently, Regulation Z also
requires that if the advertisement states
a payment rate, it must include
additional disclosures. Respondent’s
advertisements failed to disclose, or
failed to disclose clearly and
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3043-3044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-887]
=======================================================================
-----------------------------------------------------------------------
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
Privacy Act of 1974; System of Records
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Notice to alter a system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Retirement Thrift Investment Board (Agency)
proposes to alter a system of records notice in its existing inventory
of records subject to the Privacy Act of 1974, (5 U.S.C. 552a), as
amended.
The proposed changes to FRTIB-1, Thrift Savings Plan Records, are
necessary as the system location, system manager, and record access
procedures have changed. These changes are also necessary in order to
make clear the distinction between information available to
beneficiaries and information available to someone handling a
participant's estate. Finally, these changes are necessary to allow the
Agency to share participant information with agency personnel and
casualty assistance officers who are aiding beneficiaries, with
consumer reporting agencies when necessary for the Agency to collect a
debt owed to it under 5 U.S.C. 3711, and with quality control companies
that are verifying documents submitted to lenders in connection with
participants' commercial loan applications.
DATES: Effective Date: This proposed action will be effective without
further notice on February 17, 2009 unless comments are received which
result in a contrary determination.
ADDRESSES: Comments may be sent to Megan Graziano, Assistant General
Counsel, Federal Retirement Thrift Investment Board, 1250 H Street,
NW., Washington, DC 20005. The Agency's fax number is (202) 942-1676.
FOR FURTHER INFORMATION CONTACT: Megan Graziano on (202) 942-1660.
SUPPLEMENTARY INFORMATION: The Agency administers the TSP, which was
established by the Federal Employees' Retirement System Act of 1986
(FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA
are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. The TSP
is a tax-deferred retirement savings plan for Federal civilian
employees and members of the uniformed services. The TSP is similar to
cash or deferred arrangements established for private-sector employees
under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)).
The proposed system reports, as required by 5 U.S.C. 552a(r), of
the Privacy Act of 1974, as amended, were submitted to the House
Committee on Government Reform, the Senate Committee on Homeland
Security and Government Affairs, and the Office of Management and
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No.
A-130, ``Federal Agency Responsibilities for Maintaining Records About
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Thomas K. Emswiler,
General Counsel, Federal Retirement Thrift Investment Board.
FRTIB-1
SYSTEM NAME:
* * * * *
SYSTEM LOCATION:
Delete the entry and replace with these two sentences: ``These
records are located at the office of the entity engaged by the Agency
to perform record keeping services for the TSP. The current address for
this record keeper is listed at https://www.tsp.gov.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
* * * * *
CATEGORIES OF RECORDS IN THE SYSTEM:
* * * * *
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
* * * * *
PURPOSES:
* * * * *
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Edit subpart (e) as follows:
``(e). When a participant to whom a record pertains dies, to
disclose the following types of information to any potential
beneficiary: Information in the participant's record which could have
been properly disclosed to the participant when living (unless doing so
would constitute a clearly unwarranted invasion of privacy) and the
name and relationship of any other person who claims the benefits or
who is entitled to share the benefits payable.'' Add the following
subpart after (e) and redesignate all subparts thereafter:
``(f). When a participant to whom a record pertains dies, to
disclose the following types of information to anyone handling the
participant's estate: Information in the participant's record which
could have been properly disclosed to the participant when living
(unless doing so would constitute a clearly unwarranted invasion of
privacy), the name and the relationship of any person who claims the
benefits or who is entitled to share the benefits payable, and
information necessary for the estate's administration (for example,
post-death tax reporting).''
Add the following subparts after subpart (r):
``(s). To disclose to personnel from agency personnel/payroll
offices or to casualty assistance officers when necessary to assist a
beneficiary or potential beneficiary.
(t). To disclose to a consumer reporting agency when the Board is
trying to collect a debt owed to the Board under the provisions of 5
U.S.C. 3711.
(u). To disclose to quality control companies when such companies
are verifying documents submitted to lenders in connection with
participants' commercial loan applications.''
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
* * * * *
STORAGE:
* * * * *
RETRIEVABILITY:
* * * * *
SAFEGUARDS:
* * * * *
RETENTION AND DISPOSAL:
* * * * *
SYSTEM MANAGER(S) AND ADDRESS:
Delete, the words ``Executive Director'' and replace with the words
``Chief Financial Officer.''
RECORD ACCESS PROCEDURES:
Delete the third sentence in the final paragraph and replace entry
with these two sentences: ``To use the TSP ThriftLine, the participant
must have a touch-tone telephone and call the following number 1-877-
968-3778. Hearing-impaired participants should dial 1-877-847-4385.''
[[Page 3044]]
Delete the fifth and final sentence in the final paragraph.
CONTESTING RECORD PROCEDURES:
* * * * *
RECORD SOURCE CATEGORIES:
* * * * *
[FR Doc. E9-887 Filed 1-15-09; 8:45 am]
BILLING CODE 6760-01-P
