Agency Information Collection Activities; Submission for OMB Review; Comment Request, 57174-57177 [E9-26582]

Download as PDF 57174 Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Notices Reason: Failed to maintain a valid bond. FEDERAL RESERVE SYSTEM License Number: 019535F. Name: Early Bird Pick Up And Delivery LLC. Address: 128 Magnolia Ave., Bridgeport, CT 06610. Date Revoked: October 3, 2009. Reason: Failed to maintain a valid bond. Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies License Number: 018787NF. Name: Express Solutions International, Inc. dba, ESI Global Logistics. Address: 3916 Vero Rd., Ste. M, Baltimore, MD 21227. Date Revoked: October 8, 2009. Reason: Failed to maintain valid bonds. License Number: 021735N. Name: Global Transportation, Inc. Address: 31–B Postal Parkway, Newnan, GA 30263. Date Revoked: October 1, 2009. Reason: Failed to maintain a valid bond. License Number: 015471NF. Name: Navicargo, Inc. Address: 10933 NW 122nd Street, Medley, FL 33178. Date Revoked: October 14, 2009. Reason: Failed to maintain valid bonds. License Number: 013253N. Name: Total Service Line Corporation dba Total Shipping Line Corp. Address: 12140 E. Artesia Blvd., Ste. 205, Artesia, CA 90701. Date Revoked: October 14, 2009. Reason: Failed to maintain a valid bond. mstockstill on DSKH9S0YB1PROD with NOTICES License Number: 021284N. Name: USTC America, Inc. Address: 1250 E. 23rd Street, #107, Carson, CA 90745. Date Revoked: October 9, 2009. Reason: Failed to maintain a valid bond. 16:29 Nov 03, 2009 Jkt 220001 Board of Governors of the Federal Reserve System, October 30, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–26507 Filed 11–3–09; 8:45 am] BILLING CODE 6210–01–S BILLING CODE 6210–01–S FEDERAL TRADE COMMISSION Formations of, Acquisitions by, and Mergers of Bank Holding Companies Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E9–26551 Filed 11–3–09; 8:45 am] VerDate Nov<24>2008 Board of Governors of the Federal Reserve System, October 30, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–26508 Filed 11–3–09; 8:45 am] FEDERAL RESERVE SYSTEM License Number: 020668N. Name: Valcad Construction, LLC. Address: 321 W. Northwest Highway, Ferris, TX 75220. Date Revoked: October 1, 2009. Reason: Failed to maintain a valid bond. BILLING CODE P 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 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 office 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 November 18, 2009. A. Federal Reserve Bank of Dallas (E. Ann Worthy, Vice President) 2200 North Pearl Street, Dallas, Texas 752012272: 1. Gail S. Moran; Carroll E. and Holly L. Moran, individually; and Carroll E. Moran, as trustee of the Moran Irrevocable Trust, each of Rice, Texas; to acquire 23 percent or more of the outstanding shares of common stock and thereby control of Rice Bancshares, Inc., Rice, Texas, the parent company of The First State Bank, Rice, Texas. inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 30, 2009. A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: 1. Porter Bancorp, Inc., Louisville, Kentucky; to acquire 100 percent of Citizens First Corporation, Bowling Green, Kentucky, and thereby indirectly acquire Citizens First Bank, Bowling Green, Kentucky, The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 Agency Information Collection Activities; Submission for OMB Review; Comment Request Federal Trade Commission. Notice. AGENCY: ACTION: SUMMARY: The FTC is submitting the information collection requirements described below to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act (PRA). Pursuant to the OMB regulations that implement the PRA, the Commission is providing this second opportunity for public comment on proposed Orders that would seek information from depository institutions lacking federal deposit insurance. The Commission plans to use this information to help ensure that such institutions are complying with the E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES disclosure requirements of the Federal Deposit Insurance Corporation Improvement Act (‘‘FDICIA’’). DATES: Written comments must be received on or before December 4, 2009. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form by following the instructions in the Request for Comments part of the SUPPLEMENTARY INFORMATION section below. Comments in electronic form should be submitted by using the following weblink: (https:// public.commentworks.com/ftc/ fdiciacompliancepra2) (and following the instructions on the web-based form). Comments filed in paper form should be mailed or delivered to the following address: Federal Trade Commission, Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue, NW., Washington, DC 20580, in the manner detailed in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room NJ-2122, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Request for Comments Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘FDICIA Compliance Monitoring: Paperwork Comment; FTC File No. P094205’’ to facilitate the organization of comments. Please note that your comment – including your name and your state – will be placed on the public record of this proceeding, including on the publicly accessible FTC website, at (http://www.ftc.gov/os/ publiccomments.shtm). Because comments will be made public, they should not include any sensitive personal information, such as any individual’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. Comments also should not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, comments should not include ‘‘[t]rade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential’’ as provided in Section 6(f) of the Federal Trade Commission Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and VerDate Nov<24>2008 16:29 Nov 03, 2009 Jkt 220001 FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter 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).1 Because paper mail addressed to the FTC is subject to delay due to heightened security screening, please consider submitting your comments in electronic form. Comments filed in electronic form should be submitted using the following weblink: (https:// public.commentworks.com/ftc/ fdiciacompliancepra2) (and following the instructions on the web-based form). To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the weblink (https:// public.commentworks.com/ftc/ fdiciacompliancepra2). If this Notice appears at (www.regulations.gov/search/ index.jsp), you may also file an electronic comment through that website. The Commission will consider all comments that regulations.gov forwards to it. You may also visit the FTC Website at (http://www.FTC.gov) to read the Notice and the news release describing it. A comment filed in paper form should include the ‘‘FDICIA Compliance Monitoring: Paperwork Comment; FTC File No. P094205’’ 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 H-135 (Annex J), 600 Pennsylvania Avenue, N.W., Washington, DC 20580. 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. All comments should additionally be submitted to: Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the Federal Trade Commission. Comments should be submitted via facsimile to (202) 3955167 because U.S. Postal Mail is subject to lengthy delays due to heightened security precautions. 1The 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 FTC Rule 4.9(c), 16 CFR 4.9.(c). PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 57175 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, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at (http://www.ftc.gov/os/ publiccomments.shtm). 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 (http://www.ftc.gov/ ftc/privacy.htm.) Background In 1991, Congress enacted section 43 of FDICIA (12 U.S.C. § 1831t) in response to incidents affecting the safety of deposits in certain financial institutions.2 The law imposes several requirements on non-federally insured institutions. Among other things, it mandates, under 12 U.S.C. 1831t(b), that depository institutions lacking federal deposit insurance disclose to consumers in periodic statements, signature cards, passbooks, certificate of deposit, and advertising that the institution does not have federal deposit insurance and that, if the institution fails, the federal government does not guarantee that depositors will get their money back. Pursuant to 12 U.S.C. 1831t(f), the Commission has authority to enforce the disclosure requirements under the FTC Act (15 U.S.C. 41 et seq.). Until 2003, the Commission’s appropriations authority prohibited the use of FTC resources to enforce those requirements.3 In 2005, the Commission sought public comment on proposed rules implementing the statutory disclosure requirements.4 In 2006, before the Commission issued a final rule, Congress passed substantial amendments to the existing requirements as part of the Financial Services Regulatory Relief Act of 2006 (FSRRA) (Pub. L. 109-351). The Commission thus sought public comment on proposed regulations that would be consistent with the FSRRA See Pub. L. No. 102-242, 105 Stat. 2236. Appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, for the Fiscal Year Ending September 30, 2004, and for Other Purposes, H.R. Conf. Rep. No. 108-401, 108th Cong., 1st Sess., at 88 (2003). 4 See 70 FR 12823 (Mar. 16, 2005). 2 3Making E:\FR\FM\04NON1.SGM 04NON1 57176 Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Notices amendments,5 and is currently in the process of developing those regulations. Institutions lacking federal deposit insurance, however, must comply with these statutory provisions regardless of the status of FTC’s regulations in this area. Under existing law, all federally chartered and most state chartered depository institutions have federal deposit insurance. Federal deposit insurance provides a government guarantee of up to $250,000 per depositor in most cases. Pursuant to Federal Deposit Insurance Corporation and National Credit Union Administration requirements, federally insured banks and credit unions must display signs that depositors are federally insured.6 Although most depository institutions have federal deposit insurance, there are some exceptions. For instance, there are more than a hundred and fifty state-chartered credit unions in nine states that do not have federal deposit insurance.7 The credit unions in these states generally obtain private deposit insurance in lieu of federal insurance to protect members’ accounts. On July 13, 2009, the Commission published a notice seeking comments on the proposed collection described here. 74 FR 33442. No comments were received. Proposed Information Collection Activities The FTC has the authority to compel production of data and information from depository institutions lacking federal deposit insurance through Orders issued pursuant to Section 6(b) of the FTC Act, 15 U.S.C. 46(b). The Commission intends to send these Orders to all such institutions known to it in states that allow non-federally insured institutions.8 The responses will help the Commission determine whether covered entities are complying with the See 74 FR 18043 (Mar. 13, 2009). See 12 CFR Parts 328 and 740. 7According to the U.S. Government Accountability Office, in 2003, eight states had credit unions that purchase private deposit insurance instead of federal insurance. Since that time, at least one additional state has allowed credit unions to use private deposit insurance. Other states either require federal insurance or allow private insurance but do not have any privately insured credit unions. ‘‘Federal Deposit Insurance Act: FTC Best Among Candidates to Enforce Consumer Protection Provisions,’’ GAO-03-971 (Aug. 2003), at 7. Puerto Rican credit unions operate under a Puerto Rican government-backed deposit insurance system. 8State-chartered credit unions lacking federal deposit insurance will likely be the recipients. The FTC also may seek information from some institutions covered by the Puerto Rican government deposit insurance system. 5 mstockstill on DSKH9S0YB1PROD with NOTICES 6 VerDate Nov<24>2008 16:29 Nov 03, 2009 Jkt 220001 disclosure requirements of 12 U.S.C. 1831t(b). Under the PRA, 44 U.S.C. Ch. 35, federal agencies must obtain approval from OMB for each ‘‘collection of information’’ they conduct or sponsor. ‘‘Collection of information’’ means identical recordkeeping, disclosure and/ or reporting requirements imposed on ten or more members of the public. 44 U.S.C. 3502(3), 5 CFR 1320.3(c). Because the number of entities affected by the Commission’s Orders will exceed that threshold, the Commission is seeking OMB clearance under the PRA. Pursuant to OMB regulations, 5 CFR Part 1320, that implement the PRA, the Commission is providing this second opportunity for public comment. A. Description of the Collection of Information and Proposed Use The FTC proposes to seek information from up to two hundred (200) depository institutions lacking federal deposit insurance in the United States (‘‘industry members’’). Information sought9 will include, among other things: ∑ A brief explanation of the steps the institution takes to comply with the requirements of 12 U.S.C. 1831t(b). ∑ Samples of each non-identical periodic statement of account, signature card, passbook, certificate of deposit, and share certificate disseminated within the previous three months, with any individual consumer names, signatures, addresses, account numbers, 9The Orders will not seek any information about the identity of individual consumers. Moreover, all documents and information provided in response to compulsory process, including through special orders authorized by Section 6(b) of the FTC Act, are exempt from public disclosure under Section 21(f) of the Federal Trade Commission Act, 15 U.S.C. § 57b-2(f), and Exemption 3 of the Freedom of Information Act, 5 U.S.C. § 552(b)(3). In addition, to the extent applicable, section 6(f) of the FTC Act, 15 U.S.C. 46(f), bars the Commission from publicly disclosing trade secrets or confidential commercial or financial information it receives from persons pursuant to, among other methods, special orders authorized by Section 6(b) of the FTC Act. Such information also would be exempt from disclosure under Exemption (4) of the Freedom of Information Act, 5 U.S.C. 552(b)(4). Finally, under Section 21(c) of the FTC Act, 15 U.S.C. 57b-2(c), a person who designates a submission as confidential is entitled to 10 days’ advance notice of any anticipated public disclosure by the Commission, assuming that the Commission has determined that the information does not, in fact, constitute 6(f) material. Although materials covered under one or more of these various sections are protected by stringent confidentiality constraints, the FTC Act and the Commission’s rules authorize disclosure in limited circumstances (e.g., official requests by Congress, requests from other agencies for law enforcement purposes, and administrative or judicial proceedings). Even in those limited contexts, however, the Commission’s rules may afford protections to the submitter, such as advance notice to seek a protective order in litigation. See 15 U.S.C. 57b-2; 16 CFR 4.9-4.11. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 or other personally identifying information redacted. ∑ Information (e.g. photographs) indicating whether the institution posts the disclosure required by 12 U.S.C. 1831t(b)(2) at each station or window where it normally receives deposits, the institution’s principal place of business, and all the institution’s branches where it accepts deposits or opens accounts (excluding automated teller machines and point of sale terminals). ∑ Samples of all non-identical advertising10 issued or continued in use within the previous three months. ∑ Samples of the non-identical cards, forms, or other written materials the institution uses to comply with the signed acknowledgment requirements for new depositors pursuant to 12 U.S.C. 1831t(b)(3) disseminated within the previous three months with any individual consumer names, signatures, addresses, account numbers, or other personally identifying information redacted.11 The Commission will use the collected information in its efforts to ensure that the institutions are complying with the disclosure requirements in 12 U.S.C. 1831t(b). B. Estimated Hours Burden Based upon its knowledge of the industry, FTC staff estimates that, on average, the time required to gather, organize, format, and produce such responses will average 8 hours per Order. Thus, assuming up to 200 recipients of the Orders, total burden would be approximately 1,600 hours. C. Estimated Cost Burden It is difficult to calculate with precision the labor costs associated with this data production, as they entail varying compensation levels of management and/or support staff among companies of different sizes. Managerial, legal, and clerical personnel may be involved in the information collection process. The FTC staff has assumed, conservatively, that managerial personnel and legal counsel will handle all of the tasks involved in gathering and producing responsive information, and has applied an average hourly wage of managerial time of 10As used in these Orders, the term ‘‘advertising’’ means any communication that the institution uses to solicit business including, but not limited to, printed materials, the institution’s main internet page, radio advertisements, video advertisements disseminated via television, the Internet or any other means of online communication, and solicitations conducted via telephone. 11The documents produced should exclude any information for which prior customer authorization is required under the Right to Financial Privacy Act, 12 U.S.C. 3401, et seq. E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Notices $58.12 (4 hours per entity) and an average hourly wage of legal staff time of $40.87 (4 hours per entity).12 Thus, cumulatively, estimated labor costs to comply with the Orders will be $79,192 (($58.12 x 800 hours) + ($40.87 x 800 hours)). The actual cost may be lower to the extent clerical personnel handle some of the tasks. Staff anticipates that industry members maintain most, if not all, of the material sought in the orders in the normal course of business because they must disclose the information to customers under existing law. Moreover, to the extent that information sought is not generated in the normal course of business, any associated nonlabor cost should be de minimis. Willard K. Tom, General Counsel. [FR Doc. E9–26582 Filed 11–03–09; 8:45 am] BILLING CODE 6750–01–S GOVERNMENT ACCOUNTABILITY OFFICE Medicare Payment Advisory Commission Nomination Letters AGENCY: Government Accountability Office (GAO). ACTION: Notice on letters of nomination. SUMMARY: The Balanced Budget Act of 1997 established the Medicare Payment Advisory Commission (MedPAC) and gave the Comptroller General responsibility for appointing its members. For appointments to MedPAC that will be effective May 1, 2010, I am announcing the following: Letters of nomination should be submitted between January 1 and March 1, 2010, to ensure adequate opportunity for review and consideration of nominees prior to the appointment of new members. ADDRESSES: mstockstill on DSKH9S0YB1PROD with NOTICES GAO: 441 G Street, NW., Washington, DC 20548. MedPAC: 601 New Jersey Avenue, NW., Suite 9000, Washington, DC 20001. FOR FURTHER INFORMATION CONTACT: GAO: Office of Public Affairs, (202) 512–4800. 12Hourly wages are averages based on mean hourly wages shown in (http://www.bls.gov/oes/ 2008/may/naics4_551100.htm#b11-0000) (May 2008 ‘‘National Industry-Specific Occupational Employment and Wage Estimates’’) for sales and marketing managers and legal occupations (lawyers, paralegals, and other legal support), respectively. VerDate Nov<24>2008 16:29 Nov 03, 2009 Jkt 220001 42 U.S.C. 1395b–6. Gene L. Dodaro, Acting Comptroller General of the United States. [FR Doc. E9–26484 Filed 11–3–09; 8:45 am] BILLING CODE 1610–02–M GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090–0283] Office of the Chief Information Officer; Submission for OMB Review; Temporary Contractor Information Worksheet AGENCY: Office of Enterprise Solutions (IA), Office of the Chief Information Officer (OCIO), General Services Administration (GSA). ACTION: Notice of request for comments regarding a renewal to an existing OMB clearance. SUMMARY: In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the General Services Administration invites the general public and Federal agencies to comment on the renewal of an information collection request for the collection of personal data to authorize and initiate investigation requests for GSA temporary contractors. GSA requires OMB approval for this collection to make determinations on granting unescorted physical access to GSAcontrolled facilities. The approval is critical for GSA to meet the anticipated increase in number of temporary contractors as a result of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5). A request for public comments was published in the Federal Register at 74 FR 22930 on May 15, 2009. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected. DATES: Submit comments on or before: December 4, 2009. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the GSA Desk Officer, OMB, Room 10236, NEOB, Washington, DC 20503, and a copy to the Regulatory Secretariat (MVPR), General Services PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 57177 Administration, 1800 F Street, NW., Room 4041, Washington, DC 20405. Please cite OMB Control No. 3090–0283, Temporary Contractor Information Worksheet. FOR FURTHER INFORMATION CONTACT: Mr. William Erwin, Program Manager, HSPD–12 Program Management Office, GSA, 1800 F Street, NW, Washington, DC 20405; or telephone (202) 501–0758. Please cite OMB Control No. 3090–0283, Temporary Contractor Information Worksheet. SUPPLEMENTARY INFORMATION: A. Purpose The U.S. Government conducts criminal checks to establish that applicants or incumbents working for the Government under contract may have unescorted access to GSAcontrolled facilities. GSA uses the Temporary Contractor Information Worksheet and the FBI Form FD–258 Fingerprint Card to conduct a FBI National Criminal Information Check (NCIC) for each temporary contractor (working on contract for six (6) months or less and require physical access only) on GSA contracts for American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5) efforts to determine whether to grant unescorted access to GSA-controlled facilities. GSA is anticipating a large influx in temporary contractors due to the American Recovery and Reinvestment Act of 2009. GSA received one public comment during the 60-day comment period. In summary, the comment asked whether the information collected from the form could be collected using an existing form or was necessary to collect. GSA responded directly to the submitter by stating that the form: provides notifications and requests an authorizing signature from GSA temporary contractors on American Recovery and Reinvestment Act of 2009 (ARRA) that other existing forms do not include; requests only data that is required unlike other existing forms; and collects required GSA location, point of contact information not collected through other existing forms. The Office of Management and Budget (OMB) Guidance M–05–24 for Homeland Security Presidential Directive (HSPD) 12 authorizes Federal departments and agencies to ensure that temporary contractors have limited/ controlled access to facilities and information systems. GSA Directive CIO P 2181.1 Homeland Security Presidential Directive-12 Personal Identity Verification and Credentialing (available at http://www.gsa.gov/ hspd12) states that GSA temporary E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Notices]
[Pages 57174-57177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26582]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

AGENCY: Federal Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The FTC is submitting the information collection requirements 
described below to the Office of Management and Budget (OMB) for 
review, as required by the Paperwork Reduction Act (PRA). Pursuant to 
the OMB regulations that implement the PRA, the Commission is providing 
this second opportunity for public comment on proposed Orders that 
would seek information from depository institutions lacking federal 
deposit insurance. The Commission plans to use this information to help 
ensure that such institutions are complying with the

[[Page 57175]]

disclosure requirements of the Federal Deposit Insurance Corporation 
Improvement Act (``FDICIA'').

DATES: Written comments must be received on or before December 4, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form by following the instructions in the 
Request for Comments part of the SUPPLEMENTARY INFORMATION section 
below. Comments in electronic form should be submitted by using the 
following weblink: (https://public.commentworks.com/ftc/fdiciacompliancepra2) (and following the instructions on the web-based 
form). Comments filed in paper form should be mailed or delivered to 
the following address: Federal Trade Commission, Office of the 
Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue, NW., 
Washington, DC 20580, in the manner detailed in the SUPPLEMENTARY 
INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room NJ-2122, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``FDICIA 
Compliance Monitoring: Paperwork Comment; FTC File No. P094205'' to 
facilitate the organization of comments. Please note that your comment 
- including your name and your state - will be placed on the public 
record of this proceeding, including on the publicly accessible FTC 
website, at (http://www.ftc.gov/os/publiccomments.shtm).
    Because comments will be made public, they should not include any 
sensitive personal information, such as any individual'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. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include ``[t]rade secret or any 
commercial or financial information which is obtained from any person 
and which is privileged or confidential'' as provided in Section 6(f) 
of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 46(f), and 
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter 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).\1\
---------------------------------------------------------------------------

    \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 FTC Rule 4.9(c), 16 CFR 
4.9.(c).
---------------------------------------------------------------------------

    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted using the following weblink: (https://public.commentworks.com/ftc/fdiciacompliancepra2) (and following the 
instructions on the web-based form). To ensure that the Commission 
considers an electronic comment, you must file it on the web-based form 
at the weblink (https://public.commentworks.com/ftc/fdiciacompliancepra2). If this Notice appears at (www.regulations.gov/search/index.jsp), you may also file an electronic comment through that 
website. The Commission will consider all comments that regulations.gov 
forwards to it. You may also visit the FTC Website at (http://www.FTC.gov) to read the Notice and the news release describing it.
    A comment filed in paper form should include the ``FDICIA 
Compliance Monitoring: Paperwork Comment; FTC File No. P094205'' 
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 H-135 (Annex J), 600 Pennsylvania Avenue, N.W., 
Washington, DC 20580. 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.
    All comments should additionally be submitted to: Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Attention: Desk Officer for the Federal Trade Commission. Comments 
should be submitted via facsimile to (202) 395-5167 because U.S. Postal 
Mail is subject to lengthy delays due to heightened security 
precautions.
    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, whether filed in paper or 
electronic form. Comments received will be available to the public on 
the FTC website, to the extent practicable, at (http://www.ftc.gov/os/publiccomments.shtm). 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 (http://www.ftc.gov/ftc/privacy.htm.)

Background

    In 1991, Congress enacted section 43 of FDICIA (12 U.S.C. Sec.  
1831t) in response to incidents affecting the safety of deposits in 
certain financial institutions.\2\ The law imposes several requirements 
on non-federally insured institutions. Among other things, it mandates, 
under 12 U.S.C. 1831t(b), that depository institutions lacking federal 
deposit insurance disclose to consumers in periodic statements, 
signature cards, passbooks, certificate of deposit, and advertising 
that the institution does not have federal deposit insurance and that, 
if the institution fails, the federal government does not guarantee 
that depositors will get their money back. Pursuant to 12 U.S.C. 
1831t(f), the Commission has authority to enforce the disclosure 
requirements under the FTC Act (15 U.S.C. 41 et seq.).
---------------------------------------------------------------------------

    \2\ See Pub. L. No. 102-242, 105 Stat. 2236.
---------------------------------------------------------------------------

    Until 2003, the Commission's appropriations authority prohibited 
the use of FTC resources to enforce those requirements.\3\ In 2005, the 
Commission sought public comment on proposed rules implementing the 
statutory disclosure requirements.\4\ In 2006, before the Commission 
issued a final rule, Congress passed substantial amendments to the 
existing requirements as part of the Financial Services Regulatory 
Relief Act of 2006 (FSRRA) (Pub. L. 109-351). The Commission thus 
sought public comment on proposed regulations that would be consistent 
with the FSRRA

[[Page 57176]]

amendments,\5\ and is currently in the process of developing those 
regulations. Institutions lacking federal deposit insurance, however, 
must comply with these statutory provisions regardless of the status of 
FTC's regulations in this area.
---------------------------------------------------------------------------

    \3\Making Appropriations for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies, for the Fiscal 
Year Ending September 30, 2004, and for Other Purposes, H.R. Conf. 
Rep. No. 108-401, 108\th\ Cong., 1st Sess., at 88 (2003).
    \4\ See 70 FR 12823 (Mar. 16, 2005).
    \5\ See 74 FR 18043 (Mar. 13, 2009).
---------------------------------------------------------------------------

    Under existing law, all federally chartered and most state 
chartered depository institutions have federal deposit insurance. 
Federal deposit insurance provides a government guarantee of up to 
$250,000 per depositor in most cases. Pursuant to Federal Deposit 
Insurance Corporation and National Credit Union Administration 
requirements, federally insured banks and credit unions must display 
signs that depositors are federally insured.\6\ Although most 
depository institutions have federal deposit insurance, there are some 
exceptions. For instance, there are more than a hundred and fifty 
state-chartered credit unions in nine states that do not have federal 
deposit insurance.\7\ The credit unions in these states generally 
obtain private deposit insurance in lieu of federal insurance to 
protect members' accounts.
---------------------------------------------------------------------------

    \6\ See 12 CFR Parts 328 and 740.
    \7\According to the U.S. Government Accountability Office, in 
2003, eight states had credit unions that purchase private deposit 
insurance instead of federal insurance. Since that time, at least 
one additional state has allowed credit unions to use private 
deposit insurance. Other states either require federal insurance or 
allow private insurance but do not have any privately insured credit 
unions. ``Federal Deposit Insurance Act: FTC Best Among Candidates 
to Enforce Consumer Protection Provisions,'' GAO-03-971 (Aug. 2003), 
at 7. Puerto Rican credit unions operate under a Puerto Rican 
government-backed deposit insurance system.
---------------------------------------------------------------------------

    On July 13, 2009, the Commission published a notice seeking 
comments on the proposed collection described here. 74 FR 33442. No 
comments were received.

Proposed Information Collection Activities

    The FTC has the authority to compel production of data and 
information from depository institutions lacking federal deposit 
insurance through Orders issued pursuant to Section 6(b) of the FTC 
Act, 15 U.S.C. 46(b). The Commission intends to send these Orders to 
all such institutions known to it in states that allow non-federally 
insured institutions.\8\ The responses will help the Commission 
determine whether covered entities are complying with the disclosure 
requirements of 12 U.S.C. 1831t(b).
---------------------------------------------------------------------------

    \8\State-chartered credit unions lacking federal deposit 
insurance will likely be the recipients. The FTC also may seek 
information from some institutions covered by the Puerto Rican 
government deposit insurance system.
---------------------------------------------------------------------------

    Under the PRA, 44 U.S.C. Ch. 35, federal agencies must obtain 
approval from OMB for each ``collection of information'' they conduct 
or sponsor. ``Collection of information'' means identical 
recordkeeping, disclosure and/or reporting requirements imposed on ten 
or more members of the public. 44 U.S.C. 3502(3), 5 CFR 1320.3(c). 
Because the number of entities affected by the Commission's Orders will 
exceed that threshold, the Commission is seeking OMB clearance under 
the PRA. Pursuant to OMB regulations, 5 CFR Part 1320, that implement 
the PRA, the Commission is providing this second opportunity for public 
comment.

A. Description of the Collection of Information and Proposed Use

    The FTC proposes to seek information from up to two hundred (200) 
depository institutions lacking federal deposit insurance in the United 
States (``industry members'').
    Information sought\9\ will include, among other things:
     A brief explanation of the steps the institution takes to 
comply with the requirements of 12 U.S.C. 1831t(b).
     Samples of each non-identical periodic statement of 
account, signature card, passbook, certificate of deposit, and share 
certificate disseminated within the previous three months, with any 
individual consumer names, signatures, addresses, account numbers, or 
other personally identifying information redacted.
     Information (e.g. photographs) indicating whether the 
institution posts the disclosure required by 12 U.S.C. 1831t(b)(2) at 
each station or window where it normally receives deposits, the 
institution's principal place of business, and all the institution's 
branches where it accepts deposits or opens accounts (excluding 
automated teller machines and point of sale terminals).
     Samples of all non-identical advertising\10\ issued or 
continued in use within the previous three months.
     Samples of the non-identical cards, forms, or other 
written materials the institution uses to comply with the signed 
acknowledgment requirements for new depositors pursuant to 12 U.S.C. 
1831t(b)(3) disseminated within the previous three months with any 
individual consumer names, signatures, addresses, account numbers, or 
other personally identifying information redacted.\11\
---------------------------------------------------------------------------

    \9\The Orders will not seek any information about the identity 
of individual consumers. Moreover, all documents and information 
provided in response to compulsory process, including through 
special orders authorized by Section 6(b) of the FTC Act, are exempt 
from public disclosure under Section 21(f) of the Federal Trade 
Commission Act, 15 U.S.C. Sec.  57b-2(f), and Exemption 3 of the 
Freedom of Information Act, 5 U.S.C. Sec.  552(b)(3). In addition, 
to the extent applicable, section 6(f) of the FTC Act, 15 U.S.C. 
46(f), bars the Commission from publicly disclosing trade secrets or 
confidential commercial or financial information it receives from 
persons pursuant to, among other methods, special orders authorized 
by Section 6(b) of the FTC Act. Such information also would be 
exempt from disclosure under Exemption (4) of the Freedom of 
Information Act, 5 U.S.C. 552(b)(4). Finally, under Section 21(c) of 
the FTC Act, 15 U.S.C. 57b-2(c), a person who designates a 
submission as confidential is entitled to 10 days' advance notice of 
any anticipated public disclosure by the Commission, assuming that 
the Commission has determined that the information does not, in 
fact, constitute 6(f) material. Although materials covered under one 
or more of these various sections are protected by stringent 
confidentiality constraints, the FTC Act and the Commission's rules 
authorize disclosure in limited circumstances (e.g., official 
requests by Congress, requests from other agencies for law 
enforcement purposes, and administrative or judicial proceedings). 
Even in those limited contexts, however, the Commission's rules may 
afford protections to the submitter, such as advance notice to seek 
a protective order in litigation. See 15 U.S.C. 57b-2; 16 CFR 4.9-
4.11.
    \10\As used in these Orders, the term ``advertising'' means any 
communication that the institution uses to solicit business 
including, but not limited to, printed materials, the institution's 
main internet page, radio advertisements, video advertisements 
disseminated via television, the Internet or any other means of 
online communication, and solicitations conducted via telephone.
    \11\The documents produced should exclude any information for 
which prior customer authorization is required under the Right to 
Financial Privacy Act, 12 U.S.C. 3401, et seq.
---------------------------------------------------------------------------

    The Commission will use the collected information in its efforts to 
ensure that the institutions are complying with the disclosure 
requirements in 12 U.S.C. 1831t(b).

B. Estimated Hours Burden

    Based upon its knowledge of the industry, FTC staff estimates that, 
on average, the time required to gather, organize, format, and produce 
such responses will average 8 hours per Order. Thus, assuming up to 200 
recipients of the Orders, total burden would be approximately 1,600 
hours.

C. Estimated Cost Burden

    It is difficult to calculate with precision the labor costs 
associated with this data production, as they entail varying 
compensation levels of management and/or support staff among companies 
of different sizes. Managerial, legal, and clerical personnel may be 
involved in the information collection process. The FTC staff has 
assumed, conservatively, that managerial personnel and legal counsel 
will handle all of the tasks involved in gathering and producing 
responsive information, and has applied an average hourly wage of 
managerial time of

[[Page 57177]]

$58.12 (4 hours per entity) and an average hourly wage of legal staff 
time of $40.87 (4 hours per entity).\12\ Thus, cumulatively, estimated 
labor costs to comply with the Orders will be $79,192 (($58.12 x 800 
hours) + ($40.87 x 800 hours)). The actual cost may be lower to the 
extent clerical personnel handle some of the tasks.
---------------------------------------------------------------------------

    \12\Hourly wages are averages based on mean hourly wages shown 
in (http://www.bls.gov/oes/2008/may/naics4_551100.htm#b11-0000) 
(May 2008 ``National Industry-Specific Occupational Employment and 
Wage Estimates'') for sales and marketing managers and legal 
occupations (lawyers, paralegals, and other legal support), 
respectively.
---------------------------------------------------------------------------

    Staff anticipates that industry members maintain most, if not all, 
of the material sought in the orders in the normal course of business 
because they must disclose the information to customers under existing 
law. Moreover, to the extent that information sought is not generated 
in the normal course of business, any associated non-labor cost should 
be de minimis.

Willard K. Tom,
General Counsel.
[FR Doc. E9-26582 Filed 11-03-09; 8:45 am]
BILLING CODE 6750-01-S