Cost Recovery Fee Schedule for the EU-U.S. Privacy Shield Framework, 47752-47754 [2016-17508]

Download as PDF ehiers on DSK5VPTVN1PROD with NOTICES 47752 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices Monday, August 1, 2016 with the Alaska Division of Elections regarding the status of recent settlements on voting access for limited English proficient (LEP) persons, as well as the impact of recent pre-clearance changes to the Voting Rights Act of 1965. This meeting is available to the public through the following toll-free call-in number: Toll-Free Phone Number: 888– 523–1228; when prompted, please provide conference ID number: 4919191. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977– 8339 and providing the Service with the conference call number and conference ID number. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments within thirty (30) days of the meeting. The comments must be received in the Western Regional Office of the Commission by Monday, August 29, 2016. The address is Western Regional Office, U.S. Commission on Civil Rights, 300 N. Los Angeles Street, Suite 2010, Los Angeles, CA 90012. Persons wishing to email their comments may do so by sending them to Angela French-Bell, Regional Director, Western Regional Office, at abell@usccr.gov. Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at http://facadatabase.gov/ committee/meetings.aspx?cid=234. Please click on the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Western Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission’s Web site, http:// www.usccr.gov, or may contact the Western Regional Office at the above email or street address. VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 Agenda for August 1, 2016 I. Introductory Remarks II. Discussion with Alaska Division of Elections III. Public Comment IV. Adjournment This meeting is available to the public through the following toll-free call-in number: Toll-Free Phone Number: 888– 523–1228; when prompted, please provide conference ID number: 4919191. FOR FURTHER INFORMATION CONTACT: Angela French-Bell, DFO, at (213) 894– 3437 or abell@usccr.gov. Dated: July 18, 2016. David Mussatt, Chief, Regional Programs Coordination Unit. Director, Western Regional Office, at abell@usccr.gov. Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at http://facadatabase.gov/ committee/meetings.aspx?cid=261. Please click on the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Western Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission’s Web site, http:// www.usccr.gov, or may contact the Western Regional Office at the above email or street address. [FR Doc. 2016–17260 Filed 7–21–16; 8:45 am] Agenda for July 29, 2016 BILLING CODE 6335–01–P I. Welcome II. Introductory Remarks III. Orientation IV. Discussion Regarding Potential FY17 Topics V. Public Comment VI. Adjournment COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Nevada State Advisory Committee U.S. Commission on Civil Rights. ACTION: Announcement of public meeting. AGENCY: DATES: Friday, July 29, 2016. 1:00 p.m.–2:30 p.m. (Pacific Time). SUMMARY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Nevada Advisory Committee (Committee) to the Commission will be held on Friday, July 29, 2016, at the Department of Employment, Training and Rehabilitation, 2800 East St. Louis Avenue, Conference Room C, Las Vegas, NV 89104. The meeting is scheduled to begin at 1:00 p.m. and adjourn at approximately 2:30 p.m. The purpose of the meeting is for the Committee to consider and discuss potential topics for their FY17 civil rights project. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments within thirty (30) days of the meeting. The comments must be received in the Western Regional Office of the Commission by Monday, August 29, 2016. The address is Western Regional Office, U.S. Commission on Civil Rights, 300 N. Los Angeles Street, Suite 2010, Los Angeles, CA 90012. Persons wishing to email their comments may do so by sending them to Angela French-Bell, Regional TIME: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Angela French-Bell, DFO, at (213) 894– 3437 or abell@usccr.gov. Dated: July 18, 2016. David Mussatt, Chief, Regional Programs Coordination Unit. [FR Doc. 2016–17261 Filed 7–21–16; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration [Docket No.: 160713610–6610–01] RIN 0625–XC020 Cost Recovery Fee Schedule for the EU–U.S. Privacy Shield Framework International Trade Administration, U.S. Department of Commerce. ACTION: Notice of implementation of a cost recovery program fee with request for comments. AGENCY: Consistent with the guidelines in OMB Circular A–25, the U.S. Department of Commerce’s International Trade Administration (ITA) is implementing a cost recovery program fee to support the operation of the EU–U.S. Privacy Shield Framework (Privacy Shield), which will require that U.S. organizations pay an annual fee to ITA in order to participate in the Privacy Shield. The cost recovery program will support the administration and supervision of the Privacy Shield program and support the provision of SUMMARY: E:\FR\FM\22JYN1.SGM 22JYN1 47753 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices Privacy Shield-related services, including education and outreach. The Privacy Shield fee schedule will become effective on August 1, 2016, when ITA will begin accepting self-certifications. ITA also is providing the public with the opportunity to comment on the fee schedule. ITA will reassess the fee schedule after the first year of implementation and, in accordance with OMB Circular A–25, at least every two years thereafter. DATES: This fee schedule is effective August 1, 2016. Comments must be received by August 22, 2016. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: www.Regulations.gov. The identification number is ITA–2016–0007. • Postal Mail/Commercial Delivery to Grace Harter, Department of Commerce, International Trade Administration, Room 20001, 1401 Constitution Avenue NW., Washington, DC and reference ‘‘Privacy Shield Fee Structure, ITA– 2016–0007’’ in the subject line. Instructions: You must submit comments by one of the above methods to ensure that we receive the comments and consider them. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. Commerce Department will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/ITA-20160002. FOR FURTHER INFORMATION CONTACT: Requests for additional information regarding the EU–U.S. Privacy Shield Framework should be directed to David Ritchie or Grace Harter, Department of Commerce, International Trade Administration, Room 20001, 1401 Constitution Avenue NW., Washington, DC, tel. 202–482–4936 or 202–482–1512 or via email at privacyshield@trade.gov. Additional information on ITA fees is available at trade.gov/fees. VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 SUPPLEMENTARY INFORMATION: Background Consistent with the guidelines in OMB Circular A–25 (https:// www.whitehouse.gov/omb/circulars_ a025), federal agencies are responsible for implementing cost recovery program fees. The role of ITA is to strengthen the competitiveness of U.S. industry, promote trade and investment, and ensure fair trade through the rigorous enforcement of our trade laws and agreements. ITA works to promote privacy policy frameworks to facilitate the flow of data across borders to support international trade. The United States and the European Union (EU) share the goal of enhancing privacy protection but take different approaches to protecting personal data. Given those differences, the Department of Commerce (DOC) developed the Privacy Shield in consultation with the European Commission, as well as with industry and other stakeholders, to provide organizations in the United States with a reliable mechanism for personal data transfers to the United States from the European Union while ensuring the protection of the data as required by EU law. In July 2016, the European Commission approved the EU–U.S. Privacy Shield Framework. The published Privacy Shield Principles are available at: [insert link]. The DOC has issued the Privacy Shield Principles under its statutory authority to foster, promote, and develop international commerce (15 U.S.C. 1512). ITA will administer and supervise the Privacy Shield, including by maintaining and making publicly available an authoritative list of U.S. organizations that have self-certified to the DOC. U.S. organizations submit information to ITA to self-certify their compliance with Privacy Shield. ITA will accept selfcertification submissions beginning on August 1, 2016. At a future date, ITA will publish for public notice and comment information collections as described in the Privacy Shield Framework consistent with the Paperwork Reduction Act. U.S. organizations considering selfcertifying to the Privacy Shield should review the Privacy Shield Framework. In summary, in order to enter the Privacy Shield, an organization must (a) be subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) or the Department of Transportation; (b) publicly declare its commitment to comply with the Principles through selfcertification to the DOC; (c) publicly PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 disclose its privacy policies in line with the Principles; and (d) fully implement them. Self-certification to the DOC is voluntary; however, an organization’s failure to comply with the Principles after its self-certification is enforceable under Section 5 of the Federal Trade Commission Act prohibiting unfair and deceptive acts in or affecting commerce (15 U.S.C. 45(a)) or other laws or regulations prohibiting such acts. ITA is implementing a cost recovery program to support the operation of the Privacy Shield, which will require U.S. organizations to pay an annual fee to ITA in order to participate in the program. The cost recovery program will support the administration and supervision of the Privacy Shield program and support the provision of Privacy Shield-related services, including education and outreach. The fee a given organization will be charged will be based on the organization’s annual revenue: Fee Schedule: EU–U.S. PRIVACY SHIELD FRAMEWORK COST RECOVERY PROGRAM Organization’s annual revenue Annual fee $0 to $5 million ..................... Over $5 million to $25 million Over $25 million to $500 million ..................................... Over $500 million to $5 billion ..................................... Over $5 billion ...................... $250 650 1,000 2,500 3,250 Organizations will have additional direct costs associated with participating in the Privacy Shield. For example, Privacy Shield organizations must provide a readily available independent recourse mechanism to hear individual complaints at no cost to the individual. Furthermore, organizations will be required to pay contributions in connection with the arbitral model, as described in Annex I to the Principles. Method for Determining Fees ITA collects, retains, and expends user fees pursuant to delegated authority under the Mutual Educational and Cultural Exchange Act as authorized in its annual appropriations acts. The EU–U.S. Privacy Shield Framework was developed to provide organizations in the United States with a reliable mechanism for personal data transfers that underpin the trade and investment relationship between the United States and the EU. E:\FR\FM\22JYN1.SGM 22JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 47754 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices Fees are set taking into account the operational costs borne by ITA to administer and supervise the Privacy Shield program. The Privacy Shield program will require a significant commitment of resources and staff. The Privacy Shield Framework includes commitments from ITA to: • Maintain a Privacy Shield Web site; • verify self-certification requirements submitted by organizations to participate in the program; • expand efforts to follow up with organizations that have been removed from the Privacy Shield List; • search for and address false claims of participation; • conduct periodic compliance reviews and assessments of the program; • provide information regarding the program to targeted audiences; • increase cooperation with EU data protection authorities; • facilitate resolution of complaints about non-compliance; • hold annual meetings with the European Commission and other authorities to review the program, and • provide an update of laws relevant to Privacy Shield. In setting the Privacy Shield fee schedule, ITA determined that the services provided offer special benefits to an identifiable recipient beyond those that accrue to the general public. ITA calculated the actual cost of providing its services in order to provide a basis for setting each fee. Actual cost incorporates direct and indirect costs, including operations and maintenance, overhead, and charges for the use of capital facilities. ITA also took into account additional factors, including adequacy of cost recovery, affordability, and costs associated with alternative options available to U.S. organizations for the receipt of personal data from the EU. ITA is establishing a 5-tiered fee schedule that will promote the participation of small organizations in Privacy Shield. A multiple-tiered fee schedule allows ITA to offer the organizations with lower revenue a lower fee. In setting the 5 tiers, ITA considered, in conjunction with the factors mentioned above: (1) The Small Business Administration’s guidance on identifying SMEs in various industries most likely to participate in the Privacy Shield, such as computer services, software and information services; (2) the likelihood that small companies would be expected to receive less personal data and thereby use fewer government resources; and (3) the likelihood that companies with higher revenue would have more customers VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 whose data they process, which would use more government resources dedicated to administering and overseeing Privacy Shield. For example, if a company holds more data it could reasonably produce more questions and complaints from consumers and the European Union’s Data Protection Authorities (DPAs). ITA has committed to facilitating the resolution of individual complaints and to communicating with the FTC and the DPAs regarding consumer complaints. Lastly, the fee increases between the tiers are based in part on projected program costs and estimated participation levels among companies within each tier. Dated: July 20, 2016. Edward M. Dean, Deputy Assistant Secretary for Services, International Trade Administration, U.S. Department of Commerce. (‘‘Department’’) pursuant to the CIT’s remand of the final determination in the antidumping duty investigation on certain new pneumatic off-the-road tires (‘‘OTR tires’’) from the People’s Republic of China (‘‘PRC’’). This case arises out of the Department’s final determination in the antidumping duty (‘‘AD’’) investigation on OTR tires from the PRC. See Certain New Pneumatic Off-The-Road-Tires from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 40485 (July 15, 2008), as amended by Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008) (collectively, ‘‘Final Determination’’). The Department notified the public that the final CIT judgment (See GPX Int’l Tire Corp. v. United States, Consol. Ct. No. 08–00285, Slip Op. 10–112 (Ct. Int’l Trade October 1, 2010) (‘‘GPX III’’) in this case was not in harmony with the Department’s final affirmative determination in the AD investigation of OTR tires from the PRC on October 12, 2010. See Certain New Pneumatic Offthe-Road Tires from the People’s Republic of China: Notice of Decision of the Court of International Trade Not in Harmony, 75 FR 62504 (October 12, 2010) (‘‘2010 Timken Notice’’). As there is now a final and conclusive decision in this case, the Department is amending its final determination with respect to the antidumping duty rate calculated for the separate rate companies. [FR Doc. 2016–17508 Filed 7–21–16; 8:45 am] DATES: BILLING CODE 3510–DR–P FOR FURTHER INFORMATION CONTACT: Conclusion Based on the information provided above, ITA believes that its Privacy Shield cost recovery fee schedule is consistent with the objective of OMB Circular A–25 to ‘‘promote efficient allocation of the nation’s resources by establishing charges for special benefits provided to the recipient that are at least as great as the cost to the U.S. Government of providing the special benefits . . .’’ OMB Circular A–25(5)(b). ITA is providing the public with the opportunity to comment on the fee schedule, and it will consider these comments when it reassesses the fee schedule. ITA will reassess the fee schedule after the first year of implementation and, in accordance with OMB Circular A–25, at least every two years thereafter. DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Amended Final Determination Pursuant to a Final Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 1, 2010, the United States Court of International Trade (‘‘CIT’’) sustained the remand redetermination made by the Department of Commerce AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Effective March 23, 2015. Andrew Medley, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–4987. SUPPLEMENTARY INFORMATION: Background In July 2008, the Department published a final determination in which it found that OTR tires from the PRC are being, or are likely to be, sold in the United States at less-than-fairvalue (‘‘LTFV’’).1 As part of the Final Determination, the Department calculated a margin for the separate-rate 1 See E:\FR\FM\22JYN1.SGM Final Determination. 22JYN1

Agencies

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47752-47754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17508]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No.: 160713610-6610-01]
RIN 0625-XC020


Cost Recovery Fee Schedule for the EU-U.S. Privacy Shield 
Framework

AGENCY: International Trade Administration, U.S. Department of 
Commerce.

ACTION: Notice of implementation of a cost recovery program fee with 
request for comments.

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

SUMMARY: Consistent with the guidelines in OMB Circular A-25, the U.S. 
Department of Commerce's International Trade Administration (ITA) is 
implementing a cost recovery program fee to support the operation of 
the EU-U.S. Privacy Shield Framework (Privacy Shield), which will 
require that U.S. organizations pay an annual fee to ITA in order to 
participate in the Privacy Shield. The cost recovery program will 
support the administration and supervision of the Privacy Shield 
program and support the provision of

[[Page 47753]]

Privacy Shield-related services, including education and outreach. The 
Privacy Shield fee schedule will become effective on August 1, 2016, 
when ITA will begin accepting self-certifications. ITA also is 
providing the public with the opportunity to comment on the fee 
schedule. ITA will reassess the fee schedule after the first year of 
implementation and, in accordance with OMB Circular A-25, at least 
every two years thereafter.

DATES: This fee schedule is effective August 1, 2016. Comments must be 
received by August 22, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: www.Regulations.gov. The 
identification number is ITA-2016-0007.
     Postal Mail/Commercial Delivery to Grace Harter, 
Department of Commerce, International Trade Administration, Room 20001, 
1401 Constitution Avenue NW., Washington, DC and reference ``Privacy 
Shield Fee Structure, ITA-2016-0007'' in the subject line.
    Instructions: You must submit comments by one of the above methods 
to ensure that we receive the comments and consider them. Comments sent 
by any other method, to any other address or individual, or received 
after the end of the comment period, may not be considered. All 
comments received are a part of the public record and will generally be 
posted to http://www.regulations.gov without change. All Personal 
Identifying Information (for example, name, address, etc.) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    Commerce Department will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only. Supporting documents and 
any comments we receive on this docket may be viewed at http://www.regulations.gov/ITA-2016-0002.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
regarding the EU-U.S. Privacy Shield Framework should be directed to 
David Ritchie or Grace Harter, Department of Commerce, International 
Trade Administration, Room 20001, 1401 Constitution Avenue NW., 
Washington, DC, tel. 202-482-4936 or 202-482-1512 or via email at 
privacyshield@trade.gov. Additional information on ITA fees is 
available at trade.gov/fees.

SUPPLEMENTARY INFORMATION: 

Background

    Consistent with the guidelines in OMB Circular A-25 (https://www.whitehouse.gov/omb/circulars_a025), federal agencies are 
responsible for implementing cost recovery program fees.
    The role of ITA is to strengthen the competitiveness of U.S. 
industry, promote trade and investment, and ensure fair trade through 
the rigorous enforcement of our trade laws and agreements. ITA works to 
promote privacy policy frameworks to facilitate the flow of data across 
borders to support international trade.
    The United States and the European Union (EU) share the goal of 
enhancing privacy protection but take different approaches to 
protecting personal data. Given those differences, the Department of 
Commerce (DOC) developed the Privacy Shield in consultation with the 
European Commission, as well as with industry and other stakeholders, 
to provide organizations in the United States with a reliable mechanism 
for personal data transfers to the United States from the European 
Union while ensuring the protection of the data as required by EU law.
    In July 2016, the European Commission approved the EU-U.S. Privacy 
Shield Framework. The published Privacy Shield Principles are available 
at: [insert link]. The DOC has issued the Privacy Shield Principles 
under its statutory authority to foster, promote, and develop 
international commerce (15 U.S.C. 1512). ITA will administer and 
supervise the Privacy Shield, including by maintaining and making 
publicly available an authoritative list of U.S. organizations that 
have self-certified to the DOC. U.S. organizations submit information 
to ITA to self-certify their compliance with Privacy Shield. ITA will 
accept self-certification submissions beginning on August 1, 2016. At a 
future date, ITA will publish for public notice and comment information 
collections as described in the Privacy Shield Framework consistent 
with the Paperwork Reduction Act.
    U.S. organizations considering self-certifying to the Privacy 
Shield should review the Privacy Shield Framework. In summary, in order 
to enter the Privacy Shield, an organization must (a) be subject to the 
investigatory and enforcement powers of the Federal Trade Commission 
(FTC) or the Department of Transportation; (b) publicly declare its 
commitment to comply with the Principles through self-certification to 
the DOC; (c) publicly disclose its privacy policies in line with the 
Principles; and (d) fully implement them.
    Self-certification to the DOC is voluntary; however, an 
organization's failure to comply with the Principles after its self-
certification is enforceable under Section 5 of the Federal Trade 
Commission Act prohibiting unfair and deceptive acts in or affecting 
commerce (15 U.S.C. 45(a)) or other laws or regulations prohibiting 
such acts.
    ITA is implementing a cost recovery program to support the 
operation of the Privacy Shield, which will require U.S. organizations 
to pay an annual fee to ITA in order to participate in the program. The 
cost recovery program will support the administration and supervision 
of the Privacy Shield program and support the provision of Privacy 
Shield-related services, including education and outreach. The fee a 
given organization will be charged will be based on the organization's 
annual revenue:
    Fee Schedule:

         EU-U.S. Privacy Shield Framework Cost Recovery Program
------------------------------------------------------------------------
             Organization's annual  revenue                 Annual fee
------------------------------------------------------------------------
$0 to $5 million........................................            $250
Over $5 million to $25 million..........................             650
Over $25 million to $500 million........................           1,000
Over $500 million to $5 billion.........................           2,500
Over $5 billion.........................................           3,250
------------------------------------------------------------------------

    Organizations will have additional direct costs associated with 
participating in the Privacy Shield. For example, Privacy Shield 
organizations must provide a readily available independent recourse 
mechanism to hear individual complaints at no cost to the individual. 
Furthermore, organizations will be required to pay contributions in 
connection with the arbitral model, as described in Annex I to the 
Principles.

Method for Determining Fees

    ITA collects, retains, and expends user fees pursuant to delegated 
authority under the Mutual Educational and Cultural Exchange Act as 
authorized in its annual appropriations acts.
    The EU-U.S. Privacy Shield Framework was developed to provide 
organizations in the United States with a reliable mechanism for 
personal data transfers that underpin the trade and investment 
relationship between the United States and the EU.

[[Page 47754]]

    Fees are set taking into account the operational costs borne by ITA 
to administer and supervise the Privacy Shield program. The Privacy 
Shield program will require a significant commitment of resources and 
staff. The Privacy Shield Framework includes commitments from ITA to:
     Maintain a Privacy Shield Web site;
     verify self-certification requirements submitted by 
organizations to participate in the program;
     expand efforts to follow up with organizations that have 
been removed from the Privacy Shield List;
     search for and address false claims of participation;
     conduct periodic compliance reviews and assessments of the 
program;
     provide information regarding the program to targeted 
audiences;
     increase cooperation with EU data protection authorities;
     facilitate resolution of complaints about non-compliance;
     hold annual meetings with the European Commission and 
other authorities to review the program, and
     provide an update of laws relevant to Privacy Shield.
    In setting the Privacy Shield fee schedule, ITA determined that the 
services provided offer special benefits to an identifiable recipient 
beyond those that accrue to the general public. ITA calculated the 
actual cost of providing its services in order to provide a basis for 
setting each fee. Actual cost incorporates direct and indirect costs, 
including operations and maintenance, overhead, and charges for the use 
of capital facilities. ITA also took into account additional factors, 
including adequacy of cost recovery, affordability, and costs 
associated with alternative options available to U.S. organizations for 
the receipt of personal data from the EU.
    ITA is establishing a 5-tiered fee schedule that will promote the 
participation of small organizations in Privacy Shield. A multiple-
tiered fee schedule allows ITA to offer the organizations with lower 
revenue a lower fee. In setting the 5 tiers, ITA considered, in 
conjunction with the factors mentioned above: (1) The Small Business 
Administration's guidance on identifying SMEs in various industries 
most likely to participate in the Privacy Shield, such as computer 
services, software and information services; (2) the likelihood that 
small companies would be expected to receive less personal data and 
thereby use fewer government resources; and (3) the likelihood that 
companies with higher revenue would have more customers whose data they 
process, which would use more government resources dedicated to 
administering and overseeing Privacy Shield. For example, if a company 
holds more data it could reasonably produce more questions and 
complaints from consumers and the European Union's Data Protection 
Authorities (DPAs). ITA has committed to facilitating the resolution of 
individual complaints and to communicating with the FTC and the DPAs 
regarding consumer complaints. Lastly, the fee increases between the 
tiers are based in part on projected program costs and estimated 
participation levels among companies within each tier.

Conclusion

    Based on the information provided above, ITA believes that its 
Privacy Shield cost recovery fee schedule is consistent with the 
objective of OMB Circular A-25 to ``promote efficient allocation of the 
nation's resources by establishing charges for special benefits 
provided to the recipient that are at least as great as the cost to the 
U.S. Government of providing the special benefits . . .'' OMB Circular 
A-25(5)(b). ITA is providing the public with the opportunity to comment 
on the fee schedule, and it will consider these comments when it 
reassesses the fee schedule. ITA will reassess the fee schedule after 
the first year of implementation and, in accordance with OMB Circular 
A-25, at least every two years thereafter.

    Dated: July 20, 2016.
Edward M. Dean,
Deputy Assistant Secretary for Services, International Trade 
Administration, U.S. Department of Commerce.
[FR Doc. 2016-17508 Filed 7-21-16; 8:45 am]
BILLING CODE 3510-DR-P