Agency Information Collection Activities; Submission for OMB Review; Comment Request, 32651-32652 [2013-12931]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32651-32652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12931]


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FEDERAL TRADE COMMISSION


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

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice.

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SUMMARY: The FTC seeks public comments on its proposal to the Office of 
Management and Budget (``OMB'') to extend through June 30, 2016, the 
current Paperwork Reduction Act (``PRA'') clearance for the FTC's 
enforcement of the information collection requirements in its 
regulation ``Duties of Furnishers of Information to Consumer Reporting 
Agencies'' (``Information Furnishers Rule''), which applies to certain 
motor vehicle dealers, and its shared enforcement with the Consumer 
Financial Protection Bureau (``CFPB'') of the furnisher provisions 
(subpart E) of the CFPB's Regulation V regarding other entities. That 
clearance expires on June 30, 2013.

DATES: Comments must be filed by July 1, 2013.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Information Furnishers 
Rule, PRA Comment, P135407,'' on your comment and file your comment 
online at https://ftcpublic.commentworks.com/ftc/infofurnishersrulepra2 
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: Monique Einhorn, Attorney, Division of 
Privacy and Identity Protection, Bureau of Consumer Protection, (202) 
326-2575, 600 Pennsylvania Ave. NW., Room NJ-8100, Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: On March 14, 2013, the Commission sought 
comment on the information collection requirements associated with the 
Information Furnishers Rule and the Commission's shared enforcement 
with the CFPB of the furnisher provisions in subpart E of the CFPB's 
Regulation V. 78 FR 16265 (March 14, 2013). No comments were received. 
Pursuant to the OMB regulations, 5 CFR Part 1320, that implement the 
PRA, 44 U.S.C. 3501 et seq., the FTC is providing this second 
opportunity for public comment while seeking OMB approval to renew the 
pre-existing clearance for those information collection requirements. 
For more details about the Rule requirements, the background behind 
these information collection provisions, and the basis for the 
calculations summarized below, see 78 FR 16265. The burden figures 
below reflect solely the FTC's estimates assigned to itself, including 
a portion reflective of its sole enforcement authority for certain 
motor vehicle dealers subject to the FTC rule.\1\
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    \1\ The FTC retains rulemaking authority for its Information 
Furnishers Rule solely for motor vehicle dealers described in 
section 1029(a) of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Pub. L. 111-203, 124 Stat. 1376 (2010)) that are 
predominantly engaged in the sale and servicing of motor vehicles, 
the leasing and servicing of motor vehicles, or both.
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    Title: Duties of Furnishers of Information to Consumer Reporting 
Agencies.
    OMB Control Number: 3084-0144.
    Type of Review: Extension of currently approved collection.
    Estimated Annual Burden:
    Section 660.3 of FTC Rule/Section 1022.42 of CFPB Rule: 7,972 hours 
and $397,883 \2\ in associated labor costs.
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    \2\ This is an increase from the labor cost estimate in the 
March 14, 2013 Federal Register Notice, attributable to an 
intervening annual release from the Bureau of Labor Statistics. 
Within it, the mean hourly wage for ``Training and development 
managers'' rose from the previously shown amount of $47.73 to 
$49.91. See https://www.bls.gov/news.release/pdf/ocwage.pdf 
``Occupational Employment and Wages-May 2012,'' Bureau of Labor 
Statistics, U.S. Department of Labor, released March 2013, Table 1 
(``National employment and wage data from the Occupational 
Employment Statistics survey by occupation, May 2011'') 
(hereinafter, ``BLS Table 1'').
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    Section 660.4 of FTC Rule/Section 1022.43 of CFPB Rule: 2,635 hours 
and $55,414 \3\ in associated labor costs.
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    \3\ This, too, is an increase from the labor cost estimate in 
the March 14, 2013 Federal Register Notice, attributable to an 
averaging of updated Bureau of Labor Statistics mean hourly wages 
for potentially analogous employee types: First-line supervisors of 
office and administrative support workers ($25.40); accounting and 
auditing clerks ($17.62); brokerage clerks ($21.34); eligibility 
interviewers, government programs ($19.74). See BLS Table 1. This 
averages out to $21.03 per hour, rounded.

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[[Page 32652]]

    Thus, total estimated burden under the above-noted regulatory 
sections is 10,607 hours and $453,297 in associated labor costs. 
Commission staff believes that the Information Furnishers Rule and 
subpart E of Regulation V impose negligible capital or other non-labor 
costs, as the affected entities are already likely to have the 
necessary supplies and/or equipment (e.g., offices and computers) for 
the associated information collection provisions.
    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 1, 2013. Write ``Information Furnishers Rule, PRA Comment, 
P135407'' on your comment. Your comment--including your name and your 
state--will be placed on the public record of this proceeding, 
including to the extent practicable, on the public Commission Web site, 
at https://www.ftc.gov/os/publiccomments.shtm. As a matter of 
discretion, the Commission tries to remove individuals' home contact 
information from comments before placing them on the Commission Web 
site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone's Social Security number, 
date of birth, driver's license number or other state identification 
number or foreign country equivalent, passport number, financial 
account number, or credit or debit card number. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which is . . . privileged or confidential'' as provided in Section 6(f) 
of the FTC Act 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c).\4\ 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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    \4\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
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    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/infofurnishersrulepra2, 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 ``Information Furnishers 
Rule, PRA Comment, P135407'' 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.
    Visit the Commission Web site at www.ftc.gov to read this Notice. 
The FTC Act and other laws that the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives on or before July 1, 2013. 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.
    Comments on the disclosure requirements subject to review under the 
PRA should additionally be submitted to OMB. If sent by U.S. mail, they 
should be addressed to Office of Information and Regulatory Affairs, 
Office of Management and Budget, Attention: Desk Officer for the 
Federal Trade Commission, New Executive Office Building, Docket 
Library, Room 10102, 725 17th Street NW., Washington, DC 20503. 
Comments sent to OMB by U.S. postal mail, however, are subject to 
delays due to heightened security precautions. Thus, comments instead 
should be sent by facsimile to (202) 395-5167.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2013-12931 Filed 5-30-13; 8:45 am]
BILLING CODE 6750-01-P