Agency Information Collection Activities; Proposed Collection; Comment Request, 81140-81143 [2016-27701]

Download as PDF 81140 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices 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 applications will also 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 December 12, 2016. A. Federal Reserve Bank of St. Louis (David L. Hubbard, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166–2034. Comments can also be sent electronically to Comments.applications@stls.frb.org: 1. Northeast Missouri Bancshares, Inc., to become a bank holding company by acquiring 100 percent of The Mercantile Bank of Louisiana, all of Louisiana, Missouri. Board of Governors of the Federal Reserve System, November 10, 2016. Yao-Chin Chao, Assistant Secretary of the Board. [FR Doc. 2016–27558 Filed 11–16–16; 8:45 am] indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than December 1, 2016. A. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201–2272: 1. Kemp Family 2016 Trust, Gillespie County, Texas, Brian Daniel Kemp, San Marcos, Texas, Cynthia Susan Kemp, Fredericksburg, Texas, and Daniel Wesley Kemp, Fredericksburg, Texas, as trustees of the Kemp Family 2016 Trust; the Keller Family 2016 Trust, Gillespie, Texas, Stephanie Ann Igler, San Angelo, Texas, Kory Allen Keller, Fredericksburg, Texas, and Stacy Lynn Loth, Harper, Texas, as trustees of the Keller Family 2016 Trust; the Kathleen Keller 2016 Trust, Blanco County, Texas, Jody Lynn Lapp, Cottonsville, Maryland, as trustee of the Kathleen Keller 2016 Trust; and the Kay Durst Family 2016 Trust, Gillespie County, Texas, Kimberly Durst Bonnen, Friendswood, Texas, and Kristy Kay LeJeune, College Station, Texas, as trustees of the Kay Durst Family 2016 Trust; to join the Bonnen/Durst/Hayne/ Igler/Keller/Kemp/LeJeune/Loth control group, to retain voting shares of Security Holding Company (the ‘‘Company’’), and indirectly Security State Bank & Trust (the ‘‘Bank’’), both of Fredericksburg, Texas. In addition, Brian Daniel Kemp, San Marcos, Texas, Cynthia Susan Kemp, Fredericksburg, Texas, and Daniel Wesley Kemp, Fredericksburg, Texas, have applied to acquire shares of the Company and indirectly the Bank. Board of Governors of the Federal Reserve System, November 10, 2016. BILLING CODE 6210–01–P Yao-Chin Chao, Assistant Secretary of the Board. FEDERAL RESERVE SYSTEM [FR Doc. 2016–27559 Filed 11–16–16; 8:45 am] BILLING CODE 6210–01–P asabaliauskas on DSK3SPTVN1PROD with NOTICES Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company FEDERAL TRADE COMMISSION 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 shares of 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 offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 Agency Information Collection Activities; Proposed Collection; Comment Request Federal Trade Commission (FTC or Commission). 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 seeks public comments on its proposal to extend, for three years, the current PRA clearance SUMMARY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 for its portion of the information collection requirements contained in the Consumer Financial Protection Bureau’s Regulation O (the Mortgage Assistance Relief Services Rule). The FTC shares enforcement of Regulation O with the Consumer Financial Protection Bureau (CFPB). This clearance expires on January 31, 2017. DATES: Comments must be received on or before January 17, 2017. ADDRESSES: Interested parties may file a comment online or on paper by following the instructions in the Request for Comments part of the Supplementary Information section below. Write ‘‘Regulation O, PRA Comment, FTC File No. P134812’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ regulationopra 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, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Requests for copies of the collection of information and supporting documentation should be addressed to Rebecca Unruh, Attorney, Division of Financial Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., CC– 10232, Washington, DC 20580, (202) 326–3365. SUPPLEMENTARY INFORMATION: Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘‘Dodd-Frank Act’’), Public Law 111–203, 124 Stat. 1376 (2010), transferred the Commission’s rulemaking authority under the mortgage provisions in section 626 of the 2009 Omnibus Appropriations Act, as amended,1 to the CFPB.2 On December 16, 2011, the CFPB republished the Mortgage Assistance Relief Services (‘‘MARS’’) Rule as Regulation O (12 CFR part 1015).3 As a result, the Commission subsequently rescinded its MARS Rule (16 CFR part 322).4 Nonetheless, under the Dodd-Frank Act, the FTC retains its 1 Public Law 111–8, section 626, 123 Stat. 524 (Mar. 11, 2009). 2 Dodd-Frank Act, § 1061, 12 U.S.C. 5581 (2010). 3 76 FR 78130. 4 77 FR 22200 (April 13, 2012). E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices authority to bring law enforcement actions to enforce Regulation O.5 Regulation O contains information requirements that have been approved by OMB under the PRA, 44 U.S.C. 3501 et seq. The discussion below details the nature of and justification for the information collection requirements of Regulation O for which the FTC, as a coenforcer, seeks OMB clearance renewal for its share of the estimated PRA burden.6 asabaliauskas on DSK3SPTVN1PROD with NOTICES Disclosure Requirements In commercial communications for a general audience, MARS providers are required to make the following disclosure: (1) ‘‘(Name of company) is not associated with the government and our service is not approved by the government or your lender’’; and (2) In some instances, that ‘‘[e]ven if you accept this offer and use our service, your lender may not agree to change your loan.’’ In addition, MARS providers must disclose to consumers, in any subsequent commercial communication directed to a specific consumer, the following information: (1) That ‘‘You may stop doing business with us at any time. You may accept or reject the offer of mortgage assistance we obtain from your lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us (insert amount or method for calculating the amount) for our services’’; (2) That ‘‘(Name of company) is not associated with the government and our service is not approved by the government or your lender’’; and (3) In some instances, that ‘‘[e]ven if you accept this offer and use our service, your lender may not agree to change your loan.’’ Furthermore, MARS providers are required to disclose to consumers in all communications in which the provider represents that the consumer should temporarily or permanently discontinue payments, in whole or in part, the following information: ‘‘If you stop paying your mortgage, you could lose your home and damage your credit rating.’’ Finally, after a provider has obtained an offer of mortgage assistance relief from the lender or servicer and presented the consumer with a written agreement incorporating the offer, the 5 Dodd-Frank Act, § 1061(b)(5), 12 U.S.C. 5581(b)(5). 6 The OMB Control Number for the FTC’s existing PRA clearance associated with Regulation O is 3084–0157. VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 MARS provider must disclose the following: (1) ‘‘This is an offer of mortgage assistance relief service from your lender [or servicer]. You may accept or reject the offer. If you accept the offer, you will have to pay us [same amount as disclosed pursuant to § 1015.4(b)(1)] for our services’’; and (2) A description of all ‘‘material differences’’ between the terms, conditions, and limitations of the consumer’s current mortgage and those associated with the offer for mortgage relief, provided in a written notice from the consumer’s lender or servicer. Regulation O also requires that the disclosures be ‘‘clear and prominent,’’ as defined specific to the media used.7 These disclosures are necessary for the following reasons: • Non-affiliation with the government or lenders: Federal and state law enforcement officials have brought numerous law enforcement actions against MARS providers who have misrepresented their affiliation with government agencies or programs, lenders, or servicers, in connection with offering MARS. These providers have used a variety of techniques to create such misimpressions, including advertising under trade names that resemble the names of legitimate government programs. Given that the government, for-profit entities, and nonprofit entities assist financially distressed consumers with their mortgages, and the frequency of deceptive affiliation claims, the requirement that MARS providers disclose their nonaffiliation with the government or with consumers’ lenders or servicers is reasonably related to the goal of preventing deception. • Risk of Nonpayment of Mortgage: Law enforcement experience and the FTC’s rulemaking record for the former MARS Rule demonstrates that MARS providers frequently encourage consumers, often through deception, to stop paying their mortgages and instead pay providers. Consumers who rely on these deceptive statements frequently suffer grave financial harm. Requiring MARS providers who encourage consumers not to pay their mortgages to disclose the risks of following this advice is necessary to prevent deception. • Total amount a consumer must pay: The total cost of MARS is perhaps most material to consumers in making wellinformed decisions about whether to purchase those services. Requiring the clear and prominent disclosure of total cost information in every 7 See PO 00000 12 CFR 1015.2, 1015.5. Frm 00089 Fmt 4703 Sfmt 4703 81141 communication directed at a specific consumer before the consumer enters into an agreement would decrease the likelihood that MARS providers will deceive prospective customers with incomplete, inaccurate, or confusing cost information. Requiring MARS providers to disclose total cost information clearly and prominently is reasonably related to the prevention of deception. • Right to accept or reject offer of mortgage assistance: To effectuate fully the advance fee ban under 12 CFR 1015.5, which prohibits providers from collecting fees until the consumer has accepted the results obtained by the provider, it also is necessary for a MARS provider to inform consumers that they may withdraw from the service and may accept or reject the result delivered by the provider. This disclosure is reasonably related to preventing unfair and deceptive acts and practices by MARS providers. • No guarantee: Law enforcement experience and the FTC’s rulemaking record reveals that MARS providers often misrepresent their likelihood of success in obtaining a significant loan modification for consumers. These deceptive success claims lead consumers to overestimate MARS providers’ abilities to obtain substantial loan modifications or other relief. Requiring MARS providers to inform consumers that lenders might not agree to change consumers’ loans, even if those consumers purchase the services that the MARS provider offers, is reasonably related to the goal of preventing deception. • Written Notice from Lender or Servicer: Based on law enforcement experience and the rulemaking record, providing the consumer with a notice from the consumer’s lender or servicer describing all material differences between the consumer’s current mortgage loan and the offered mortgage relief is essential to consumers’ ability to evaluate whether they should accept the offer. Requiring that the lender or servicer prepare the written disclosure also better ensures that the information provided is consistent with the terms of the offer, and mitigates the risk that MARS providers would mislead consumers about the offer. This disclosure is reasonably related to the goal of protecting consumers from deception. Recordkeeping Requirements Regulation O’s recordkeeping requirements pertain to records that are customarily kept in the ordinary course of business, such as copies of contracts and consumer files containing the name E:\FR\FM\17NON1.SGM 17NON1 81142 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices and address of the borrower and materially different versions of sales scripts and related promotional materials. Thus, the retention of these documents does not constitute a ‘‘collection of information,’’ as defined by OMB’s regulations that implement the PRA.8 Burden Statement Because the FTC and CFPB share enforcement authority for this rule, the FTC is seeking clearance for one-half of the following estimated PRA burden that the FTC attributes to the disclosure and recordkeeping requirements under Regulation O. The potential entities providing MARS services are varied, and there are no ways to formally track them. By extension, there is no clear path to track how many affected individual entities have newly entered and departed from one year to the next or from one triennial PRA clearance cycle to the next. However, based on law enforcement experience and the CFPB’s recent analysis conducted after the MARS Rule was restated as Regulation O, the FTC estimates that Regulation O affects roughly 107 MARS providers.9 This estimate informs the additional estimates detailed below. Estimated annual hours burden: 321 (for the FTC). The above hours estimate is based on the assumption that compliance with all MARS disclosures requires 6 hours of labor annually.10 Multiplying this figure by 107 entities yields a total burden of 642 hours, of which 321 hours are attributed to the FTC.11 Estimated associated labor cost: $10,677 (for the FTC). Commission staff assumes that a compliance officer or equivalent will prepare the required disclosures for 6 hours annually at an hourly rate of $33.26.12 Thus, the estimated labor cost 85 CFR 1320.3(b)(2). Bureau of Consumer Financial Protection, Agency Information Collection Activities: Submission for OMB Review; Supporting Statement (Jul. 23, 2015), available at http://www.reginfo.gov/ public/do/PRAViewDocument?ref_nbr=2015073170-002; OMB Control No: 3170–0007, clearance expires on Sept. 30, 2018. 10 Id. 11 Id. Both the FTC and CFPB attribute the significant drop in burden hours from prior estimates to several factors, including the lack of one-time startup costs associated with new entrants into the market (since there are not expected to be any new market entrants in the next three years), the lack of rule modification, and a reduction in the estimated number of MARS providers. The decrease in the estimated number of MARS providers is consistent with Regulation O’s causing a reduction in purported providers of mortgage relief services who were not in fact providing legitimate relief services, causing overestimation. 12 This estimate is based on the mean hourly wage for a Compliance Officer provided by the Bureau of asabaliauskas on DSK3SPTVN1PROD with NOTICES 9 See VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 is $21,353 (107 providers × 6 hours × $33.26) of which the FTC assumes half, or $10,677. Estimated non-labor cost: $29,425 (for the FTC). Based on the CFPB’s analysis, the FTC assumes that each of the estimated 107 MARS providers bears an additional $550 in material fees for acquiring relevant legal and technical compliance information, for a total additional burden of $58,850, of which the FTC assumes half, or $29,425.13 Based on law enforcement experience, the FTC assumes that any disclosures will likely be made electronically and thus will not generate additional non-labor costs such as printing and distribution. Request for Comments 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 paperwork clearance for the regulations noted herein. Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) Whether the disclosure and recordkeeping requirements are necessary, including whether the information will be practically useful; (2) the accuracy of our burden estimates, including whether the methodology and assumptions used are valid; (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. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before January 17, 2017. You can file a comment online or on paper. Write ‘‘Regulation O, PRA Comment, FTC File No. P134812’’ 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 http://www.ftc.gov/os/ publiccomments.shtm. As a matter of Labor Statistics in its Table entitled ‘‘National employment and wage data from the Occupational Employment Statistics survey by occupation, May 2015.’’ 13 See supra note 9. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 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, such as a 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, such as 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 discussed 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 must follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential only if the FTC General Counsel 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, the Commission encourages 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/ regulationopra by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Regulation O, PRA Comment, FTC File No. P134812’’ on your comment and on the envelope, and mail it to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610, (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610, E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices (Annex J), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. 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 January 17, 2017. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. David C. Shonka, Acting General Counsel. [FR Doc. 2016–27701 Filed 11–16–16; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day–17–17ZQ; Docket No. CDC–2016– 0107] Proposed Data Collection Submitted for Public Comment and Recommendations Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice with comment period. AGENCY: The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on Zika Virus Associated Neurologic Illness Case Control Study. This collection intends to identify potential risk factors for the development of severe neurologic illnesses using a case-control investigation. SUMMARY: Written comments must be received on or before January 17, 2017. ADDRESSES: You may submit comments, identified by Docket No. CDC–2016– 0107 by any of the following methods: • Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments. • Mail: Leroy A. Richardson, Information Collection Review Office, asabaliauskas on DSK3SPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS– D74, Atlanta, Georgia 30329. Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov. Please note: All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above. FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS–D74, Atlanta, Georgia 30329; phone: 404–639–7570; Email: omb@cdc.gov. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 81143 generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information. Proposed Project Zika Virus Associated Neurologic Illness Case Control Study—New— National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Centers for Disease Control and Prevention (CDC). Background and Brief Description There is an urgent public health need to understand the potential association between neurological illness and Zika Virus (ZIKV) infection. Currently, increased numbers of neurologic illness cases have been reported in ZIKVaffected contexts, but it is not known if this is due to ZIKV, another etiologic agent, or some combination/interaction thereof. The Puerto Rico Department of Health (PRDH) is establishing neurologic illness surveillance and defining baseline incidence toward investigating the association between neurologic illness and ZIKV infection in Puerto Rico. More broadly, the results of this investigation would be relevant to other ZIKV-affected contexts, serving toward enabling clinical and/or public health action to manage and prevent additional cases. A case-control investigation will be conducted to identify potential risk factors for the development of neurological illness. As part of the investigation, blood specimens will be collected from cases and matched controls to evaluate for antibodies against several pathogens known to cause neurological illness (e.g., influenza) or pathogens hypothesized to contribute to this illness cluster (e.g., ZIKV, dengue virus, chikungunya virus, HIV, Campylobacter jejuni, Leptospira species bacteria). This information collection request is a continuation on the work begun under the following Emergency Clearance: OMB 0920–1106 (Expiration date 9/30/ 16). Specifically, beginning in March 2016, CDC collaborated with the PRDH on the collection of very similar data for a Guillain-Barre syndrome case-control E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81140-81143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27701]


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

FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Federal Trade Commission (FTC or Commission).

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 seeks public 
comments on its proposal to extend, for three years, the current PRA 
clearance for its portion of the information collection requirements 
contained in the Consumer Financial Protection Bureau's Regulation O 
(the Mortgage Assistance Relief Services Rule). The FTC shares 
enforcement of Regulation O with the Consumer Financial Protection 
Bureau (CFPB). This clearance expires on January 31, 2017.

DATES: Comments must be received on or before January 17, 2017.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Request for Comments part of the 
Supplementary Information section below. Write ``Regulation O, PRA 
Comment, FTC File No. P134812'' on your comment, and file your comment 
online at https://ftcpublic.commentworks.com/ftc/regulationopra 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, 600 
Pennsylvania Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, 
or deliver your comment to the following address: Federal Trade 
Commission, Office of the Secretary, Constitution Center, 400 7th 
Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Requests for copies of the collection 
of information and supporting documentation should be addressed to 
Rebecca Unruh, Attorney, Division of Financial Practices, Bureau of 
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 
NW., CC-10232, Washington, DC 20580, (202) 326-3365.

SUPPLEMENTARY INFORMATION: Title X of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act (``Dodd-Frank Act''), Public Law 111-203, 
124 Stat. 1376 (2010), transferred the Commission's rulemaking 
authority under the mortgage provisions in section 626 of the 2009 
Omnibus Appropriations Act, as amended,\1\ to the CFPB.\2\ On December 
16, 2011, the CFPB republished the Mortgage Assistance Relief Services 
(``MARS'') Rule as Regulation O (12 CFR part 1015).\3\ As a result, the 
Commission subsequently rescinded its MARS Rule (16 CFR part 322).\4\ 
Nonetheless, under the Dodd-Frank Act, the FTC retains its

[[Page 81141]]

authority to bring law enforcement actions to enforce Regulation O.\5\
---------------------------------------------------------------------------

    \1\ Public Law 111-8, section 626, 123 Stat. 524 (Mar. 11, 
2009).
    \2\ Dodd-Frank Act, Sec.  1061, 12 U.S.C. 5581 (2010).
    \3\ 76 FR 78130.
    \4\ 77 FR 22200 (April 13, 2012).
    \5\ Dodd-Frank Act, Sec.  1061(b)(5), 12 U.S.C. 5581(b)(5).
---------------------------------------------------------------------------

    Regulation O contains information requirements that have been 
approved by OMB under the PRA, 44 U.S.C. 3501 et seq. The discussion 
below details the nature of and justification for the information 
collection requirements of Regulation O for which the FTC, as a co-
enforcer, seeks OMB clearance renewal for its share of the estimated 
PRA burden.\6\
---------------------------------------------------------------------------

    \6\ The OMB Control Number for the FTC's existing PRA clearance 
associated with Regulation O is 3084-0157.
---------------------------------------------------------------------------

Disclosure Requirements

    In commercial communications for a general audience, MARS providers 
are required to make the following disclosure:
    (1) ``(Name of company) is not associated with the government and 
our service is not approved by the government or your lender''; and
    (2) In some instances, that ``[e]ven if you accept this offer and 
use our service, your lender may not agree to change your loan.''
    In addition, MARS providers must disclose to consumers, in any 
subsequent commercial communication directed to a specific consumer, 
the following information:
    (1) That ``You may stop doing business with us at any time. You may 
accept or reject the offer of mortgage assistance we obtain from your 
lender [or servicer]. If you reject the offer, you do not have to pay 
us. If you accept the offer, you will have to pay us (insert amount or 
method for calculating the amount) for our services'';
    (2) That ``(Name of company) is not associated with the government 
and our service is not approved by the government or your lender''; and
    (3) In some instances, that ``[e]ven if you accept this offer and 
use our service, your lender may not agree to change your loan.''
    Furthermore, MARS providers are required to disclose to consumers 
in all communications in which the provider represents that the 
consumer should temporarily or permanently discontinue payments, in 
whole or in part, the following information:
    ``If you stop paying your mortgage, you could lose your home and 
damage your credit rating.''
    Finally, after a provider has obtained an offer of mortgage 
assistance relief from the lender or servicer and presented the 
consumer with a written agreement incorporating the offer, the MARS 
provider must disclose the following:
    (1) ``This is an offer of mortgage assistance relief service from 
your lender [or servicer]. You may accept or reject the offer. If you 
accept the offer, you will have to pay us [same amount as disclosed 
pursuant to Sec.  1015.4(b)(1)] for our services''; and
    (2) A description of all ``material differences'' between the 
terms, conditions, and limitations of the consumer's current mortgage 
and those associated with the offer for mortgage relief, provided in a 
written notice from the consumer's lender or servicer.
    Regulation O also requires that the disclosures be ``clear and 
prominent,'' as defined specific to the media used.\7\
---------------------------------------------------------------------------

    \7\ See 12 CFR 1015.2, 1015.5.
---------------------------------------------------------------------------

    These disclosures are necessary for the following reasons:
     Non-affiliation with the government or lenders: Federal 
and state law enforcement officials have brought numerous law 
enforcement actions against MARS providers who have misrepresented 
their affiliation with government agencies or programs, lenders, or 
servicers, in connection with offering MARS. These providers have used 
a variety of techniques to create such misimpressions, including 
advertising under trade names that resemble the names of legitimate 
government programs. Given that the government, for-profit entities, 
and nonprofit entities assist financially distressed consumers with 
their mortgages, and the frequency of deceptive affiliation claims, the 
requirement that MARS providers disclose their nonaffiliation with the 
government or with consumers' lenders or servicers is reasonably 
related to the goal of preventing deception.
     Risk of Nonpayment of Mortgage: Law enforcement experience 
and the FTC's rulemaking record for the former MARS Rule demonstrates 
that MARS providers frequently encourage consumers, often through 
deception, to stop paying their mortgages and instead pay providers. 
Consumers who rely on these deceptive statements frequently suffer 
grave financial harm. Requiring MARS providers who encourage consumers 
not to pay their mortgages to disclose the risks of following this 
advice is necessary to prevent deception.
     Total amount a consumer must pay: The total cost of MARS 
is perhaps most material to consumers in making well-informed decisions 
about whether to purchase those services. Requiring the clear and 
prominent disclosure of total cost information in every communication 
directed at a specific consumer before the consumer enters into an 
agreement would decrease the likelihood that MARS providers will 
deceive prospective customers with incomplete, inaccurate, or confusing 
cost information. Requiring MARS providers to disclose total cost 
information clearly and prominently is reasonably related to the 
prevention of deception.
     Right to accept or reject offer of mortgage assistance: To 
effectuate fully the advance fee ban under 12 CFR 1015.5, which 
prohibits providers from collecting fees until the consumer has 
accepted the results obtained by the provider, it also is necessary for 
a MARS provider to inform consumers that they may withdraw from the 
service and may accept or reject the result delivered by the provider. 
This disclosure is reasonably related to preventing unfair and 
deceptive acts and practices by MARS providers.
     No guarantee: Law enforcement experience and the FTC's 
rulemaking record reveals that MARS providers often misrepresent their 
likelihood of success in obtaining a significant loan modification for 
consumers. These deceptive success claims lead consumers to 
overestimate MARS providers' abilities to obtain substantial loan 
modifications or other relief. Requiring MARS providers to inform 
consumers that lenders might not agree to change consumers' loans, even 
if those consumers purchase the services that the MARS provider offers, 
is reasonably related to the goal of preventing deception.
     Written Notice from Lender or Servicer: Based on law 
enforcement experience and the rulemaking record, providing the 
consumer with a notice from the consumer's lender or servicer 
describing all material differences between the consumer's current 
mortgage loan and the offered mortgage relief is essential to 
consumers' ability to evaluate whether they should accept the offer. 
Requiring that the lender or servicer prepare the written disclosure 
also better ensures that the information provided is consistent with 
the terms of the offer, and mitigates the risk that MARS providers 
would mislead consumers about the offer. This disclosure is reasonably 
related to the goal of protecting consumers from deception.

Recordkeeping Requirements

    Regulation O's recordkeeping requirements pertain to records that 
are customarily kept in the ordinary course of business, such as copies 
of contracts and consumer files containing the name

[[Page 81142]]

and address of the borrower and materially different versions of sales 
scripts and related promotional materials. Thus, the retention of these 
documents does not constitute a ``collection of information,'' as 
defined by OMB's regulations that implement the PRA.\8\
---------------------------------------------------------------------------

    \8\ 5 CFR 1320.3(b)(2).
---------------------------------------------------------------------------

Burden Statement

    Because the FTC and CFPB share enforcement authority for this rule, 
the FTC is seeking clearance for one-half of the following estimated 
PRA burden that the FTC attributes to the disclosure and recordkeeping 
requirements under Regulation O. The potential entities providing MARS 
services are varied, and there are no ways to formally track them. By 
extension, there is no clear path to track how many affected individual 
entities have newly entered and departed from one year to the next or 
from one triennial PRA clearance cycle to the next. However, based on 
law enforcement experience and the CFPB's recent analysis conducted 
after the MARS Rule was restated as Regulation O, the FTC estimates 
that Regulation O affects roughly 107 MARS providers.\9\ This estimate 
informs the additional estimates detailed below.
---------------------------------------------------------------------------

    \9\ See Bureau of Consumer Financial Protection, Agency 
Information Collection Activities: Submission for OMB Review; 
Supporting Statement (Jul. 23, 2015), available at http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201507-3170-002; 
OMB Control No: 3170-0007, clearance expires on Sept. 30, 2018.
---------------------------------------------------------------------------

    Estimated annual hours burden: 321 (for the FTC).
    The above hours estimate is based on the assumption that compliance 
with all MARS disclosures requires 6 hours of labor annually.\10\ 
Multiplying this figure by 107 entities yields a total burden of 642 
hours, of which 321 hours are attributed to the FTC.\11\
---------------------------------------------------------------------------

    \10\ Id.
    \11\ Id. Both the FTC and CFPB attribute the significant drop in 
burden hours from prior estimates to several factors, including the 
lack of one-time startup costs associated with new entrants into the 
market (since there are not expected to be any new market entrants 
in the next three years), the lack of rule modification, and a 
reduction in the estimated number of MARS providers. The decrease in 
the estimated number of MARS providers is consistent with Regulation 
O's causing a reduction in purported providers of mortgage relief 
services who were not in fact providing legitimate relief services, 
causing overestimation.
---------------------------------------------------------------------------

    Estimated associated labor cost: $10,677 (for the FTC).
    Commission staff assumes that a compliance officer or equivalent 
will prepare the required disclosures for 6 hours annually at an hourly 
rate of $33.26.\12\ Thus, the estimated labor cost is $21,353 (107 
providers x 6 hours x $33.26) of which the FTC assumes half, or 
$10,677.
---------------------------------------------------------------------------

    \12\ This estimate is based on the mean hourly wage for a 
Compliance Officer provided by the Bureau of Labor Statistics in its 
Table entitled ``National employment and wage data from the 
Occupational Employment Statistics survey by occupation, May 2015.''
---------------------------------------------------------------------------

    Estimated non-labor cost: $29,425 (for the FTC).
    Based on the CFPB's analysis, the FTC assumes that each of the 
estimated 107 MARS providers bears an additional $550 in material fees 
for acquiring relevant legal and technical compliance information, for 
a total additional burden of $58,850, of which the FTC assumes half, or 
$29,425.\13\ Based on law enforcement experience, the FTC assumes that 
any disclosures will likely be made electronically and thus will not 
generate additional non-labor costs such as printing and distribution.
---------------------------------------------------------------------------

    \13\ See supra note 9.
---------------------------------------------------------------------------

Request for Comments

    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 paperwork clearance for the regulations noted 
herein.
    Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites 
comments on:
    (1) Whether the disclosure and recordkeeping requirements are 
necessary, including whether the information will be practically 
useful;
    (2) the accuracy of our burden estimates, including whether the 
methodology and assumptions used are valid;
    (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. 
All comments should be filed as prescribed in the ADDRESSES section 
above, and must be received on or before January 17, 2017.
    You can file a comment online or on paper. Write ``Regulation O, 
PRA Comment, FTC File No. P134812'' 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 http://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, such as a 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, such as 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 discussed 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 must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential 
only if the FTC General Counsel 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, the Commission encourages 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/regulationopra 
by following the instructions on the web-based form. If this Notice 
appears at http://www.regulations.gov, you also may file a comment 
through that Web site.
    If you file your comment on paper, write ``Regulation O, PRA 
Comment, FTC File No. P134812'' on your comment and on the envelope, 
and mail it to the following address: Federal Trade Commission, Office 
of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610, (Annex 
J), Washington, DC 20580, or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610,

[[Page 81143]]

(Annex J), Washington, DC 20024. If possible, submit your paper comment 
to the Commission by courier or overnight service.
    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 January 17, 
2017. You can find more information, including routine uses permitted 
by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2016-27701 Filed 11-16-16; 8:45 am]
 BILLING CODE 6750-01-P