Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 27645-27648 [2011-11686]
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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Notices
FEDERAL RESERVE SYSTEM
FEDERAL TRADE COMMISSION
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
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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
inspection at the Federal Reserve Bank
indicated. The application 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.
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 June 6, 2011.
A. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480–0291:
1. Leackco Bank Holding Company,
Inc., Wolsey, South Dakota; to acquire
100 percent of the voting shares of and
merge with Kingsbury Bank Holding
Company, and thereby indirectly
acquire voting shares of Peoples State
Bank, both in De Smet, South Dakota.
Board of Governors of the Federal Reserve
System, May 9, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2011–11636 Filed 5–11–11; 8:45 am]
BILLING CODE 6210–01–P
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Federal Trade Commission
(‘‘Commission’’ or ‘‘FTC’’).
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 is seeking public
comments on its proposal to extend
through October 31, 2014, the current
PRA clearance for information
collection requirements contained in the
Commission’s Gramm-Leach-Bliley
Financial Privacy Rule (‘‘GLB Privacy
Rule’’ or ‘‘Rule’’). The current clearance
expires on October 31, 2011.
DATES: Comments must be submitted on
or before July 11, 2011.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write: ‘‘FTC File No. P085405’’
on your comment, and file your
comment online at https://
ftcpublic.commentworks.com/ftc/
glbprivacyrulepra by following the
instructions on the Web-based form. If
you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Katherine White, Attorney, Division of
Privacy and Identity Protection, Bureau
of Consumer Protection, (202) 326–
2252, Federal Trade Commission, 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501–3521, Federal
agencies must obtain approval from
OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ means agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. 44 U.S.C.
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 clearance for
the GLB Privacy Rule, 16 CFR Part 313
(OMB Control Number 3084–0121).
The FTC invites comments on: (1)
Whether the proposed collection of
SUMMARY:
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27645
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, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
The GLB 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
Gramm-Leach-Bliley Act, 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; 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.
The FTC, together with the Federal
financial agencies,1 adopted a model
privacy form that financial institutions
may rely on as a safe harbor to provide
disclosures under the privacy rules. The
model privacy form was available for
use beginning in January 2010 and, as
of January 1, 2011, is the only safe
harbor available for compliance with the
privacy rules. 74 FR 62890 (Dec. 1,
2009).
In order to ease the burden on entities
that wanted to adopt the new model
privacy form, the agencies developed an
‘‘Online Form Builder’’ that an entity can
download and use to develop and print
customized versions of a model
1 Board of Governors of the Federal Reserve
System, Commodity Futures Trading Commission
Federal Deposit Insurance Corporation, National
Credit Union Administration, Office of the
Comptroller of the Currency, Office of Thrift
Supervision, and the Securities and Exchange
Commission.
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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Notices
consumer privacy notice. The Online
Form Builder is available with several
options. Easy-to-follow instructions for
the form builder will guide an
institution to select the version of the
model form that fits its practices, such
as whether the institution provides an
opt-out for consumers. The agencies
announced the availability of this tool
on April 15, 2010: https://www.ftc.gov/
opa/2010/04/glb.shtm.
Estimated annual hours burden: As
noted in previous burden estimates for
the GLB 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 GLB 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 retains its prior estimate of the
number of entities each year that will
address the GLB Privacy Rule for the
first time (5,000) and its estimate of
established entities already familiar
with the Rule (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 previous
estimate of established entities 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.
The combined effect of the
availability of the model privacy form
and the Online Form Builder has caused
the FTC to revise its previous hourly
burden estimates. Staff believes that the
model form and form builder reduces
the hours per new entrant respondent
required for ‘‘Creating disclosure
document or electronic disclosure
(including initial, annual, and opt out
disclosures).’’ In the FTC’s 2008
clearance request, staff estimated 5
hours of clerical time and 10 hours of
professional/technical time for this
category. Staff now believes that the
adoption of the model privacy form and
the availability of the form builder
simplify and automate much of this
work, reducing the time needed to
create the disclosure documents to 1
hour of clerical time and 2 hours of
professional/technical time, a total
savings of 12 burden hours per new
entrant. If all 5,000 new entrants were
to use the model privacy form and form
builder, an estimated 60,000 hours
would be saved.
Similarly, the FTC is adjusting its
previous estimates of the burden hours
for established entities. The 2008 PRA
clearance for the privacy rule estimated
15 hours of clerical time and 5 hours of
professional/technical time associated
with ‘‘Changes to privacy policies and
related disclosures’’ for approximately
1,000 established entity respondents,
based on staff’s assumption 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; thus,
1,000 entities. Staff believes the
adoption of the model privacy form and
the availability of the Online Form
Builder reduces the time associated
with the modification of the notices to
7 hours of clerical time and 3 hours of
professional/technical time, a reduction
of 10 hours per respondent. If all 1,000
established entities were to use the
model form and the Online Form
Builder, 10,000 hours would be saved.
The complete burden estimates for
new entrants and established entities
are detailed in the charts below.
Start-up hours and labor costs for new
entrants:
Approx.
number of
respondents
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).
$34.35 Managerial/professional .......
20
5,000
100,000
$3,435,000
$15.84 Clerical .................................
1
5,000
5,000
79,200
$35.98 Professional/technical ..........
$15.84 Clerical .................................
2
15
........................
5,000
10,000
75,000
359,800
1,188,000
$35.98 Professional/technical ..........
10
........................
50,000
1,799,000
...........................................................
........................
........................
240,000
6,861,000
Disseminating initial disclosure (including opt out notices).
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Total ...........................................
* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates used were based on mean wages
for managerial/professional time (e.g., compliance evaluation and/or planning), professional/technical time (e.g., 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). See BLS National Compensation Survey: Occupational Earnings in the United States, 2009, Table 1, available at https://www.bls.gov/
ncs/ocs/sp/nctb1344.pdf (Management occupations; office and administrative support occupations) and BLS Occupational Employment and
Wages—May 2009, Table 3, available at https://www.bls.gov/news.release/pdf/ocwage.pdf (Professional, scientific, and technical services). Labor
cost totals reflect solely that of the commercial entities affected. Staff assumes 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 document and/or electronic disclosures).
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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Notices
Burden hours and costs for
established entities:
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:
Approx.
number of
respondents **
Hours per
respondent
Approx. total
annual hrs.
Approx. total
labor costs
Event
Hourly wage and labor category *
Reviewing GLBA-implementing policies and practices.
Disseminating annual disclosure ......
$34.35 Managerial/professional .......
4
70,000
280,000
$9,618,000
$15.84 Clerical .................................
$35.98 Professional/technical ..........
$15.84 Clerical .................................
15
5
7
70,000
........................
1,000
1,050,000
350,000
7,000
16,632,000
12,593,000
110,880
$35.98 Professional/technical ..........
3
........................
3,000
107,940
...........................................................
........................
........................
1,690,000
39,061,820
Changes to privacy policies and related disclosures.
Total ...........................................
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* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates used were based on mean wages
for managerial/professional time (e.g., compliance evaluation and/or planning), professional/technical time (e.g., 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). See BLS National Compensation Survey: Occupational Earnings in the United States, 2009, Table 1, available at https://www.bls.gov/
ncs/ocs/sp/nctb1344.pdf (Management occupations; office and administrative support occupations) and BLS Occupational Employment and
Wages—May 2009 Table 3, available at https://www.bls.gov/news.release/pdf/ocwage.pdf (Professional, scientific, and technical services). Labor
cost totals reflect solely that of the commercial entities affected. 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 is based on the following assumptions: (1) 100,000 respondents, approximately 70% of whom maintain customer relationships exceeding one year, (2) 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 (3) 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 1,930,000 hours and $45,922,820,
respectively.
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, typewriters, copying
machines, mailing capabilities). Most
likely, only entities that already have
on-line 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 Comment: You can file a
comment online or on paper. For the
Commission to consider your comment,
we must receive it on or before July 11,
2011. Write ‘‘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
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placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment doesn’t
include any sensitive personal
information, like anyone’s Social
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment
doesn’t include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, don’t include
any ‘‘[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 FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, don’t include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
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4.9(c).2 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online, or to send them to the
Commission by courier or overnight
service. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
glbprivacyrulepra, by following the
instructions on the Web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Paperwork Comment: FTC File
No. P085405’’ on your comment and on
the envelope, and mail or deliver it to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
2 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
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Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before July 11, 2011. You can find more
information, including routine uses
permitted by the Privacy Act, in the
Commission’s privacy policy, at https://
www.ftc.gov/ftc/privacy.htm.
Willard K. Tom,
General Counsel.
[FR Doc. 2011–11686 Filed 5–11–11; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–00XX; Docket No.
2011–0079; Sequence 14]
Submission for OMB Review;
Preventing Personal Conflicts of
Interest for Contractor Employees
Performing Acquisition Functions
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding a new OMB
information clearance.
AGENCY:
Under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35), the Regulatory Secretariat
(MVCB) will be submitting to the Office
of Management and Budget (OMB) a
request to review and approve a new
information collection requirement
regarding Preventing Personal Conflicts
of Interest for Contractor Employees
Performing Acquisition Functions.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
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; and ways in which we can
minimize the burden of the collection of
information on those who are to
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SUMMARY:
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respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
June 13, 2011.
ADDRESSES: Submit comments
identified by Information Collection
9000–00XX, Preventing Personal
Conflicts of Interest for Contractor
Employees Performing Acquisition
Functions by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘Information Collection 9000–
00XX’’, Preventing Personal Conflicts of
Interest for Contractor Employees
Performing Acquisition Functions under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search’’. Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘Information Collection 9000–
00XX’’, Preventing Personal Conflicts of
Interest for Contractor Employees
Performing Acquisition Functions.
Follow the instructions provided at the
‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘Information Collection 9000–
00XX’’, Preventing Personal Conflicts of
Interest for Contractor Employees
Performing Acquisition Functions on
your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1275 First Street, NE.,
Washington, DC 20417. ATTN: Hada
Flowers/IC 9000–00XX.
Instructions: Please submit comments
only and cite Information Collection
9000–00XX, Preventing Personal
Conflicts of Interest for Contractor
Employees Performing Acquisition
Functions, in all correspondence related
to this collection. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Anthony Robinson, Procurement
Analyst, Acquisition Policy Division, at
telephone (202) 501–2658 or via e-mail
to Anthony.robinson@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
This is a request for a new
information collection requirement
concerning the Office of Management
and Budget (OMB) Control Number
9000–00XX, FAR Case 2008–025,
Preventing Personal Conflicts of Interest
for Contractor Employees Performing
Acquisition Functions, (Final Rule).
Section 841(a) requires the
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Administrator for Federal Procurement
Policy to develop and issue a standard
policy to prevent personal conflicts of
interest by contractor employees
performing acquisition functions closely
associated with inherently
governmental functions, and an
associated personal conflicts-of-interest
clause or set of clauses.
Under the final rule, contractors are
required to notify contracting officers
whenever they become aware of any
personal conflict-of-interest violations
by a covered employee. The objective of
the notification requirement is to
emphasize the critical importance of
integrity in contracting and reduce the
occurrence of personal conflict-ofinterest violations by contractor
employees performing acquisitionrelated functions.
In addition, contractors have the
opportunity, in exceptional
circumstances, to request mitigation or
waiver of the personal conflict-ofinterest standards. The information is
used by the Government to evaluate the
requested mitigation/waiver.
B. Annual Reporting Burden
Respondents: 460.
Responses per Respondent: 1.
Hours per Response: 4.
Total Burden Hours: 1,840.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat Branch (MVCB),
1275 First Street, NE., Washington, DC
20417, telephone (202) 501–4755. Please
cite OMB Control No. 9000–00XX,
Preventing Personal Conflicts of Interest
for Contractor Employees Performing
Acquisition Functions, in all
correspondence.
Dated: May 6, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide
Acquisition Policy.
[FR Doc. 2011–11609 Filed 5–11–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
World Trade Center (WTC) Health
Program Scientific/Technical Advisory
Committee; Notice of Establishment
Pursuant to Public Law 111–347 (The
James Zadroga 9/11 Health and
Compensation Act of 2010) and the
Federal Advisory Committee Act, as
amended (5 U.S.C. App), the Director,
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[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27645-27648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11686]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').
ACTION: Notice.
-----------------------------------------------------------------------
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
is seeking public comments on its proposal to extend through October
31, 2014, the current PRA clearance for information collection
requirements contained in the Commission's Gramm-Leach-Bliley Financial
Privacy Rule (``GLB Privacy Rule'' or ``Rule''). The current clearance
expires on October 31, 2011.
DATES: Comments must be submitted on or before July 11, 2011.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write: ``FTC File No.
P085405'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/glbprivacyrulepra by following the
instructions on the Web-based form. If you prefer to file your comment
on paper, mail or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex
J), 600 Pennsylvania Avenue, NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Katherine White, Attorney, Division of
Privacy and Identity Protection, Bureau of Consumer Protection, (202)
326-2252, Federal Trade Commission, 600 Pennsylvania Avenue, NW.,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, Federal
agencies must obtain approval from OMB for each collection of
information they conduct or sponsor. ``Collection of information''
means agency requests or requirements that members of the public submit
reports, keep records, or provide information to a third party. 44
U.S.C. 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 clearance for the GLB
Privacy Rule, 16 CFR Part 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, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
The GLB 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 Gramm-Leach-Bliley Act, 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; 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.
The FTC, together with the Federal financial agencies,\1\ adopted a
model privacy form that financial institutions may rely on as a safe
harbor to provide disclosures under the privacy rules. The model
privacy form was available for use beginning in January 2010 and, as of
January 1, 2011, is the only safe harbor available for compliance with
the privacy rules. 74 FR 62890 (Dec. 1, 2009).
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\1\ Board of Governors of the Federal Reserve System, Commodity
Futures Trading Commission Federal Deposit Insurance Corporation,
National Credit Union Administration, Office of the Comptroller of
the Currency, Office of Thrift Supervision, and the Securities and
Exchange Commission.
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In order to ease the burden on entities that wanted to adopt the
new model privacy form, the agencies developed an ``Online Form
Builder'' that an entity can download and use to develop and print
customized versions of a model
[[Page 27646]]
consumer privacy notice. The Online Form Builder is available with
several options. Easy-to-follow instructions for the form builder will
guide an institution to select the version of the model form that fits
its practices, such as whether the institution provides an opt-out for
consumers. The agencies announced the availability of this tool on
April 15, 2010: https://www.ftc.gov/opa/2010/04/glb.shtm.
Estimated annual hours burden: As noted in previous burden
estimates for the GLB 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
GLB 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 retains its prior estimate of the number of entities each
year that will address the GLB Privacy Rule for the first time (5,000)
and its estimate of established entities already familiar with the Rule
(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 previous estimate of established entities
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.
The combined effect of the availability of the model privacy form
and the Online Form Builder has caused the FTC to revise its previous
hourly burden estimates. Staff believes that the model form and form
builder reduces the hours per new entrant respondent required for
``Creating disclosure document or electronic disclosure (including
initial, annual, and opt out disclosures).'' In the FTC's 2008
clearance request, staff estimated 5 hours of clerical time and 10
hours of professional/technical time for this category. Staff now
believes that the adoption of the model privacy form and the
availability of the form builder simplify and automate much of this
work, reducing the time needed to create the disclosure documents to 1
hour of clerical time and 2 hours of professional/technical time, a
total savings of 12 burden hours per new entrant. If all 5,000 new
entrants were to use the model privacy form and form builder, an
estimated 60,000 hours would be saved.
Similarly, the FTC is adjusting its previous estimates of the
burden hours for established entities. The 2008 PRA clearance for the
privacy rule estimated 15 hours of clerical time and 5 hours of
professional/technical time associated with ``Changes to privacy
policies and related disclosures'' for approximately 1,000 established
entity respondents, based on staff's assumption 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; thus, 1,000 entities. Staff believes the
adoption of the model privacy form and the availability of the Online
Form Builder reduces the time associated with the modification of the
notices to 7 hours of clerical time and 3 hours of professional/
technical time, a reduction of 10 hours per respondent. If all 1,000
established entities were to use the model form and the Online Form
Builder, 10,000 hours would be saved.
The complete burden estimates for new entrants and established
entities are detailed in the charts below.
Start-up hours and labor costs for new entrants:
----------------------------------------------------------------------------------------------------------------
Hourly wage and Hours per Approx. number Approx. total Approx. total
Event labor category * respondent of respondents annual hrs. labor costs
----------------------------------------------------------------------------------------------------------------
Reviewing internal policies $34.35 20 5,000 100,000 $3,435,000
and developing GLBA- Managerial/
implementing instructions **. professional.
Creating disclosure document $15.84 Clerical. 1 5,000 5,000 79,200
or electronic disclosure
(including initial, annual,
and opt out disclosures).
$35.98 2 .............. 10,000 359,800
Professional/
technical.
Disseminating initial $15.84 Clerical. 15 5,000 75,000 1,188,000
disclosure (including opt out
notices).
$35.98 10 .............. 50,000 1,799,000
Professional/
technical.
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Total..................... ................ .............. .............. 240,000 6,861,000
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* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates
used were based on mean wages for managerial/professional time (e.g., compliance evaluation and/or planning),
professional/technical time (e.g., 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). See BLS National Compensation Survey: Occupational Earnings in the United States, 2009,
Table 1, available at https://www.bls.gov/ncs/ocs/sp/nctb1344.pdf (Management occupations; office and
administrative support occupations) and BLS Occupational Employment and Wages--May 2009, Table 3, available at
https://www.bls.gov/news.release/pdf/ocwage.pdf (Professional, scientific, and technical services). Labor cost
totals reflect solely that of the commercial entities affected. Staff assumes 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 document and/or
electronic disclosures).
[[Page 27647]]
Burden hours and costs for established entities:
Burden for established entities already familiar with the Rule
predictably would be less than for start-up 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:
----------------------------------------------------------------------------------------------------------------
Approx. number
Event Hourly wage and Hours per of respondents Approx. total Approx. total
labor category * respondent ** annual hrs. labor costs
----------------------------------------------------------------------------------------------------------------
Reviewing GLBA-implementing $34.35 4 70,000 280,000 $9,618,000
policies and practices. Managerial/
professional.
Disseminating annual $15.84 Clerical. 15 70,000 1,050,000 16,632,000
disclosure.
$35.98 5 .............. 350,000 12,593,000
Professional/
technical.
Changes to privacy policies $15.84 Clerical. 7 1,000 7,000 110,880
and related disclosures.
$35.98 3 .............. 3,000 107,940
Professional/
technical.
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Total..................... ................ .............. .............. 1,690,000 39,061,820
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* Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates
used were based on mean wages for managerial/professional time (e.g., compliance evaluation and/or planning),
professional/technical time (e.g., 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). See BLS National Compensation Survey: Occupational Earnings in the United States, 2009,
Table 1, available at https://www.bls.gov/ncs/ocs/sp/nctb1344.pdf (Management occupations; office and
administrative support occupations) and BLS Occupational Employment and Wages--May 2009 Table 3, available at
https://www.bls.gov/news.release/pdf/ocwage.pdf (Professional, scientific, and technical services). Labor cost
totals reflect solely that of the commercial entities affected. 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 is based on the following assumptions: (1) 100,000 respondents, approximately 70%
of whom maintain customer relationships exceeding one year, (2) 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 (3) 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 1,930,000
hours and $45,922,820, respectively.
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,
typewriters, copying machines, mailing capabilities). Most likely, only
entities that already have on-line 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 Comment: You can file a comment online or on paper. For
the Commission to consider your comment, we must receive it on or
before July 11, 2011. Write ``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.
Because your comment will be made public, you are solely
responsible for making sure that your comment doesn't include any
sensitive personal information, like anyone's Social Security number,
date of birth, driver's license number or other state identification
number or foreign country equivalent, passport number, financial
account number, or credit or debit card number. You are also solely
responsible for making sure that your comment doesn't include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, don't
include any ``[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 FTC Act, 15
U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In
particular, don't include competitively sensitive information such as
costs, sales statistics, inventories, formulas, patterns, devices,
manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\2\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
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\2\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online, or to send them to the Commission by courier or
overnight service. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/glbprivacyrulepra, by following the instructions on the Web-based
form. If this Notice appears at https://www.regulations.gov/#!home, you
also may file a comment through that Web site.
If you file your comment on paper, write ``Paperwork Comment: FTC
File No. P085405'' on your comment and on the envelope, and mail or
deliver it to the following address: Federal Trade Commission, Office
of the Secretary, Room H-113 (Annex J), 600 Pennsylvania Avenue, NW.,
Washington, DC 20580. If possible, submit your paper comment to the
Commission by courier or overnight service.
[[Page 27648]]
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before July 11, 2011. You can find more information,
including routine uses permitted by the Privacy Act, in the
Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
Willard K. Tom,
General Counsel.
[FR Doc. 2011-11686 Filed 5-11-11; 8:45 am]
BILLING CODE 6750-01-P
