Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 12452-12454 [2017-04117]

Download as PDF 12452 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices FEDERAL ELECTION COMMISSION Sunshine Act Meeting Federal Election Commission. DATE AND TIME: Tuesday, March 7, 2017 at 10:00 a.m. and its Continuation at the Conclusion of the open meeting on March 9, 2017. PLACE: 999 E Street NW., Washington, DC. STATUS: This meeting will be closed to the public. ITEMS TO BE DISCUSSED: Compliance matters pursuant to 52 U.S.C. 30109. Investigatory records compiled for law enforcement purposes and production would disclose investigative techniques. Information the premature disclosure of which would be likely to have a considerable adverse effect on the implementation of a proposed Commission action. Matters concerning participation in civil actions or proceedings or arbitration. * * * * * PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, Telephone: (202) 694–1220. AGENCY: Dayna C. Brown, Secretary and Clerk of the Commission. [FR Doc. 2017–04198 Filed 3–1–17; 11:15 am] BILLING CODE 6715–01–P Board of Governors of the Federal Reserve System, February 27, 2017. Yao-Chin Chao, Assistant Secretary of the Board FEDERAL RESERVE SYSTEM mstockstill on DSK3G9T082PROD with NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies [FR Doc. 2017–04083 Filed 3–2–17; 8:45 am] BILLING CODE 6210–01–P The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The 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 VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 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 March 27, 2017. A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101–2566. Comments can also be sent electronically to Comments.applications@clev.frb.org: 1. S&T Bancorp, Indiana, Pennsylvania; to acquire approximately 6.5 percent of the voting shares of Standard Financial Corporation, Murrysville, Pennsylvania, and thereby acquire Standard Bank PASB, Murrysville, Pennsylvania. B. 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. Southern Bancorp, Inc., Arkadelphia, Arkansas; to acquire 100 percent of the voting shares of Farmers Bank, Hamburg, Arkansas. FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice. AGENCY: The FTC intends to ask the Office of Management and Budget (‘‘OMB’’) to extend for an additional three years the current Paperwork Reduction Act (‘‘PRA’’) clearance for the FTC’s enforcement of the information collection requirements in its ‘‘Fair Credit Reporting Risk-Based Pricing Regulations’’ (‘‘RBP Rule’’), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (‘‘CFPB’’) of the risk-based pricing provisions (subpart H) of the CFPB’s SUMMARY: PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 Regulation V regarding other entities. That clearance expires on July 1, 2017. DATES: Comments must be filed by May 2, 2017. 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 ‘‘RBP Rule, PRA Comment, P145403,’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ rbprulepra by following the instructions on the web-based form. If you prefer to file your comment on paper, mail 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: Katherine White, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, (202) 326– 2878, 600 Pennsylvania Ave. NW., Room CC–8232, Washington, DC 20580. SUPPLEMENTARY INFORMATION: On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘‘DoddFrank Act’’).1 The Dodd-Frank Act substantially changed the federal legal framework for financial services providers. Among the changes, the Dodd-Frank Act transferred to the CFPB most of the FTC’s rulemaking authority for the risk-based pricing provisions of the Fair Credit Reporting Act (‘‘FCRA’’),2 on July 21, 2011.3 The FTC retains rulemaking authority for the RBP Rule solely for motor vehicle dealers described in section 1029(a) of the Dodd-Frank Act that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.4 In addition, the FTC retains its authority to enforce the risk-based pricing provisions of the FCRA and the FTC and CFPB rules issued under those provisions. Thus, the FTC and CFPB 1 Public Law 111–203, 124 Stat. 1376 (2010). U.S.C. 1681 et seq. 3 Dodd-Frank Act, § 1061. This date was the ‘‘designated transfer date’’ established by the Treasury Department under the Dodd-Frank Act. See Dep’t of the Treasury, Bureau of Consumer Financial Protection; Designated Transfer Date, 75 FR 57252, 57253 (Sept. 20, 2010); see also DoddFrank Act, § 1062. 4 See Dodd-Frank Act, § 1029(a), (c). 2 15 E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices have overlapping enforcement authority for many entities subject to the CFPB rule and the FTC has sole enforcement authority for the motor vehicle dealers subject to the FTC rule. As an analytical framework to estimate PRA burden in the ‘‘Burden Statement’’ below, the FTC estimates burden pertaining to respondents over which both agencies have shared enforcement authority, divides the resulting total by one-half to reflect the FTC’s shared jurisdiction, and adds to the resulting subtotal the incremental estimated burden regarding the motor vehicle dealers described above over which the FTC retains exclusive enforcement (and rulemaking) authority. mstockstill on DSK3G9T082PROD with NOTICES Burden Statement Under the PRA, 44 U.S.C. 3501–3521, Federal agencies must get OMB approval for each collection of information they conduct or sponsor. ‘‘Collection of information’’ includes agency requests or requirements to submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). The FTC is seeking clearance for its assumed share of the estimated PRA burden regarding the disclosure requirements under the FTC and CFPB Rules. Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) Whether the disclosure 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 providing the required information to consumers. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before May 2, 2017. Under §§ 640.3–640.4 of the FTC’s RBP Rule 5 and §§ 1022.72–1022.73 of the CFPB Rule,6 a creditor must provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. Additionally, these provisions require disclosure of credit scores and information relating to credit scores in risk-based pricing notices if a credit 5 16 6 12 CFR 640.3, –640.4. CFR 1022.72, –1022.73. VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 score of the consumer is used in setting the material terms of credit. The FTC’s currently cleared burden totals, post-adjustment for the effects of the Dodd-Frank Act, are 9,652,500 hours based on an estimated population of 160,875 entities apportioned to FTC enforcement and/or rulemaking authority.7 Using the currently cleared estimates (post-adjustment for the effects of the Dodd-Frank Act) for the number of applicable motor vehicle dealers and their assumed recurring disclosure burdens, in addition to the estimated number of and burden for other entities over which the FTC shares enforcement burden with the CFPB, the FTC proposes the following updated estimates: A. Estimated Number of Respondents: 160,250.8 B. Burden Hours: 9,615,000. Yearly recurring burden of 60 hours per respondent 9 to modify and distribute notices × 160,250 respondents = 9,615,000 hours, cumulatively. C. Labor Costs: $167,974,050. Labor costs are derived by applying appropriate estimated hourly cost figures to the burden hours described above. The FTC assumes that respondents will use correspondence 7 OMB Control No. 3084–0145. estimate derives in part from an analysis of the figures obtained from the North American Industry Classification System (NAICS) Association’s database of U.S. businesses. See http://www.naics.com/search.htm. Commission staff identified categories of entities under its jurisdiction that also directly provide credit to consumers. Those categories include retail, vehicle dealers, consumer lenders, and utilities. The estimate also includes state-chartered credit unions, which are subject to the Commission’s jurisdiction. See 15 U.S.C. 1681s. For the latter category, Commission staff relied on estimates from the Credit Union National Association for the number of non-federal credit unions. See https:// www.ncua.gov/Legal/Documents/Reports/annualreport-2015.pdf. For purposes of estimating the burden, Commission staff made the conservative assumption that all of the included entities engage in risk-based pricing. The resulting tally of entities numbered 199,500. From this amount, the FTC deducted an estimated portion attributable to motor vehicle dealers in order to calculate a net amount in which to split evenly with the CFPB for the remaining number of respondents for purposes of estimating the FTC’s overall share of PRA burden. The FTC estimates there are approximately 121,000 motor vehicle dealers, determined as follows: 86,442 car dealers per NAICS data (49,905 new car dealers, 36,537 used car dealers) + [3,191 Recreational Vehicle Dealers; 7,185 boat dealers; 24,157 motorcycle, ATV/All Other Motor Vehicle Dealers] = 120,975. See https://www.naics.com/sixdigit-naics/?code=4445. Excluding the estimated number of motor vehicle dealers, 121,000, from the estimated overall number of affected entities, 199,500, leaves 78,500 as the number of respondents for the agencies’ 50:50 apportionment: 78,500, i.e., 39,250 each. Thus, for the FTC, the estimated number of respondents for its calculations is 160,250 (121,000 + 39,250). 9 Assumption: 5 hours per month per respondent. 8 This PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 12453 clerks, at a mean hourly wage of $17.47,10 to modify and distribute notices to consumers, for a cumulative labor cost total of $167,974,050. D. Capital/Non-Labor Costs: $0. The FTC believes that the FTC and CFPB rules impose negligible capital or other non-labor costs, as the affected entities are likely to have the necessary supplies and/or equipment already (e.g., offices and computers) for the information collections discussed above. 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 May 2, 2017. Write ‘‘RBP Rule, PRA Comment, P145403,’’ 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, 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), 16CFR 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 10 https://www.bls.gov/news.release/ocwage.htm: Bureau of Labor Statistics, Economic News Release, March 30, 2016, Table 1, ‘‘National employment and wage data from the Occupational Employment Statistics survey by occupation, May 2015.’’ E:\FR\FM\03MRN1.SGM 03MRN1 12454 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices explained in FTC Rule 4.9(c).11 Your comment will be kept confidential only if the FTC General Counsel grants your request in accordance with the law and the public interest. Once your comment is posted, as legally required by FTC Rule 4.9(b), we cannot redact or remove your comment from the FTC’s public record, including the FTC’s Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request in accordance with the law and the public interest, as explained above. 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/ rbprulepra, by following the instructions on the web-based form. When this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘RBP Rule, PRA Comment, P145403,’’ on your comment and on the envelope, and mail or deliver 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 (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 May 2, 2017. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/ privacy.htm. mstockstill on DSK3G9T082PROD with NOTICES David C. Shonka, Acting General Counsel. [FR Doc. 2017–04117 Filed 3–2–17; 8:45 am] BILLING CODE 6750–01–P 11 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). VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Request for Nominations of Candidates To Serve on the Clinical Laboratory Improvement Advisory Committee (CLIAC) The Centers for Disease Control and Prevention (CDC) is soliciting nominations for membership on CLIAC. CLIAC provides scientific and technical advice and guidance to the Secretary, Department of Health and Human Services (HHS); the Assistant Secretary for Health, HHS; the Director, Centers for Disease Control and Prevention (CDC); the Commissioner, Food and Drug Administration (FDA); and the Administrator, Centers for Medicare & Medicaid Services (CMS). The advice and guidance pertain to general issues related to improvement in clinical laboratory quality and laboratory medicine. In addition, the Committee provides advice and guidance on specific questions related to possible revision of the CLIA standards. Examples include providing guidance on studies designed to improve safety, effectiveness, efficiency, timeliness, equity, and patient-centeredness of laboratory services; revisions to the standards under which clinical laboratories are regulated; the impact of proposed revisions to the standards on medical and laboratory practice; and the modification of the standards and provision of non-regulatory guidelines to accommodate technological advances, such as new test methods, the electronic transmission of laboratory information, and mechanisms to improve the integration of public health and clinical laboratory practices. CLIAC consists of 20 members including the Chair, represents a diverse membership across laboratory specialties, professional roles (laboratory management, technical specialists, physicians, nurses) and practice settings (academic, clinical, public health), and includes a consumer representative. In addition, the Committee includes three ex officio members (or designees), including the Director, CDC; the Administrator, CMS; and the Commissioner, FDA. A nonvoting representative from the Advanced Medical Technology Association (AdvaMed) serves as the industry liaison. The Designated Federal Official (DFO) or their designee and the Executive Secretary are present at all meetings to ensure meetings are within applicable statutory, regulatory and PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 HHS General Administration manual directives. Request for Candidates: Nominations are being sought for individuals who have expertise and qualifications necessary to contribute to accomplishing CLIAC’s objectives. Nominees will be selected by the HHS Secretary or designee from authorities knowledgeable across the fields of microbiology (including bacteriology, mycobacteriology, mycology, parasitology, and virology), immunology (including histocompatibility), chemistry, hematology, pathology (including histopathology and cytology), or genetic testing (including cytogenetics); representatives from the fields of medical technology, public health, and clinical practice; and consumer representatives. Members may be invited to serve for terms of up to four years. The U.S. Department of Health and Human Services policy stipulates that Committee membership be balanced in terms of points of view represented, and the committee’s function. Appointments shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, gender identity, HIV status, disability, and cultural, religious, or socioeconomic status. Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Current participation on federal workgroups or prior experience serving on a federal advisory committee does not disqualify a candidate; however, HHS policy is to avoid excessive individual service on advisory committees and multiple committee memberships. Committee members are Special Government Employees, requiring the filing of financial disclosure reports at the beginning and annually during their terms. CDC reviews potential candidates for CLIAC membership each year, and provides a slate of nominees for consideration to the Secretary of HHS for final selection. HHS notifies selected candidates of their appointment near the start of the term in July, or as soon as the HHS selection process is completed. Note that the need for different expertise and individuals to maintain the appropriate demographic balance varies from year to year and a candidate who is not selected in one year may be reconsidered in a subsequent year. Candidates should submit the following items to be considered for nomination. The deadline for receipt of materials for the 2018 term is May 1, 2017: • Current curriculum vitae, including complete contact information (name, E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12452-12454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04117]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Extension

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

ACTION: Notice.

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SUMMARY: The FTC intends to ask the Office of Management and Budget 
(``OMB'') to extend for an additional three years the current Paperwork 
Reduction Act (``PRA'') clearance for the FTC's enforcement of the 
information collection requirements in its ``Fair Credit Reporting 
Risk-Based Pricing Regulations'' (``RBP Rule''), which applies to 
certain motor vehicle dealers, and its shared enforcement with the 
Consumer Financial Protection Bureau (``CFPB'') of the risk-based 
pricing provisions (subpart H) of the CFPB's Regulation V regarding 
other entities. That clearance expires on July 1, 2017.

DATES: Comments must be filed by May 2, 2017.

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 ``RBP Rule, PRA Comment, 
P145403,'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/rbprulepra by following the instructions 
on the web-based form. If you prefer to file your comment on paper, 
mail 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: Katherine White, Attorney, Division of 
Privacy and Identity Protection, Bureau of Consumer Protection, (202) 
326-2878, 600 Pennsylvania Ave. NW., Room CC-8232, Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: On July 21, 2010, President Obama signed 
into law the Dodd-Frank Wall Street Reform and Consumer Protection Act 
(``Dodd-Frank Act'').\1\ The Dodd-Frank Act substantially changed the 
federal legal framework for financial services providers. Among the 
changes, the Dodd-Frank Act transferred to the CFPB most of the FTC's 
rulemaking authority for the risk-based pricing provisions of the Fair 
Credit Reporting Act (``FCRA''),\2\ on July 21, 2011.\3\
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    \1\ Public Law 111-203, 124 Stat. 1376 (2010).
    \2\ 15 U.S.C. 1681 et seq.
    \3\ Dodd-Frank Act, Sec.  1061. This date was the ``designated 
transfer date'' established by the Treasury Department under the 
Dodd-Frank Act. See Dep't of the Treasury, Bureau of Consumer 
Financial Protection; Designated Transfer Date, 75 FR 57252, 57253 
(Sept. 20, 2010); see also Dodd-Frank Act, Sec.  1062.
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    The FTC retains rulemaking authority for the RBP Rule solely for 
motor vehicle dealers described in section 1029(a) of the Dodd-Frank 
Act that are predominantly engaged in the sale and servicing of motor 
vehicles, the leasing and servicing of motor vehicles, or both.\4\
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    \4\ See Dodd-Frank Act, Sec.  1029(a), (c).
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    In addition, the FTC retains its authority to enforce the risk-
based pricing provisions of the FCRA and the FTC and CFPB rules issued 
under those provisions. Thus, the FTC and CFPB

[[Page 12453]]

have overlapping enforcement authority for many entities subject to the 
CFPB rule and the FTC has sole enforcement authority for the motor 
vehicle dealers subject to the FTC rule.
    As an analytical framework to estimate PRA burden in the ``Burden 
Statement'' below, the FTC estimates burden pertaining to respondents 
over which both agencies have shared enforcement authority, divides the 
resulting total by one-half to reflect the FTC's shared jurisdiction, 
and adds to the resulting subtotal the incremental estimated burden 
regarding the motor vehicle dealers described above over which the FTC 
retains exclusive enforcement (and rulemaking) authority.

Burden Statement

    Under the PRA, 44 U.S.C. 3501-3521, Federal agencies must get OMB 
approval for each collection of information they conduct or sponsor. 
``Collection of information'' includes agency requests or requirements 
to submit reports, keep records, or provide information to a third 
party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). The FTC is seeking clearance 
for its assumed share of the estimated PRA burden regarding the 
disclosure requirements under the FTC and CFPB Rules.
    Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites 
comments on: (1) Whether the disclosure 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 providing the required information to consumers. 
All comments should be filed as prescribed in the ADDRESSES section 
above, and must be received on or before May 2, 2017.
    Under Sec. Sec.  640.3-640.4 of the FTC's RBP Rule \5\ and 
Sec. Sec.  1022.72-1022.73 of the CFPB Rule,\6\ a creditor must provide 
a risk-based pricing notice to a consumer when the creditor uses a 
consumer report to grant or extend credit to the consumer on material 
terms that are materially less favorable than the most favorable terms 
available to a substantial proportion of consumers from or through that 
creditor. Additionally, these provisions require disclosure of credit 
scores and information relating to credit scores in risk-based pricing 
notices if a credit score of the consumer is used in setting the 
material terms of credit.
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    \5\ 16 CFR 640.3, -640.4.
    \6\ 12 CFR 1022.72, -1022.73.
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    The FTC's currently cleared burden totals, post-adjustment for the 
effects of the Dodd-Frank Act, are 9,652,500 hours based on an 
estimated population of 160,875 entities apportioned to FTC enforcement 
and/or rulemaking authority.\7\
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    \7\ OMB Control No. 3084-0145.
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    Using the currently cleared estimates (post-adjustment for the 
effects of the Dodd-Frank Act) for the number of applicable motor 
vehicle dealers and their assumed recurring disclosure burdens, in 
addition to the estimated number of and burden for other entities over 
which the FTC shares enforcement burden with the CFPB, the FTC proposes 
the following updated estimates:
    A. Estimated Number of Respondents: 160,250.\8\
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    \8\ This estimate derives in part from an analysis of the 
figures obtained from the North American Industry Classification 
System (NAICS) Association's database of U.S. businesses. See http://www.naics.com/search.htm. Commission staff identified categories of 
entities under its jurisdiction that also directly provide credit to 
consumers. Those categories include retail, vehicle dealers, 
consumer lenders, and utilities. The estimate also includes state-
chartered credit unions, which are subject to the Commission's 
jurisdiction. See 15 U.S.C. 1681s. For the latter category, 
Commission staff relied on estimates from the Credit Union National 
Association for the number of non-federal credit unions. See https://www.ncua.gov/Legal/Documents/Reports/annual-report-2015.pdf. For 
purposes of estimating the burden, Commission staff made the 
conservative assumption that all of the included entities engage in 
risk-based pricing. The resulting tally of entities numbered 
199,500. From this amount, the FTC deducted an estimated portion 
attributable to motor vehicle dealers in order to calculate a net 
amount in which to split evenly with the CFPB for the remaining 
number of respondents for purposes of estimating the FTC's overall 
share of PRA burden. The FTC estimates there are approximately 
121,000 motor vehicle dealers, determined as follows: 86,442 car 
dealers per NAICS data (49,905 new car dealers, 36,537 used car 
dealers) + [3,191 Recreational Vehicle Dealers; 7,185 boat dealers; 
24,157 motorcycle, ATV/All Other Motor Vehicle Dealers] = 120,975. 
See https://www.naics.com/six-digit-naics/?code=4445. Excluding the 
estimated number of motor vehicle dealers, 121,000, from the 
estimated overall number of affected entities, 199,500, leaves 
78,500 as the number of respondents for the agencies' 50:50 
apportionment: 78,500, i.e., 39,250 each. Thus, for the FTC, the 
estimated number of respondents for its calculations is 160,250 
(121,000 + 39,250).
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    B. Burden Hours: 9,615,000.
    Yearly recurring burden of 60 hours per respondent \9\ to modify 
and distribute notices x 160,250 respondents = 9,615,000 hours, 
cumulatively.
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    \9\ Assumption: 5 hours per month per respondent.
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    C. Labor Costs: $167,974,050.
    Labor costs are derived by applying appropriate estimated hourly 
cost figures to the burden hours described above. The FTC assumes that 
respondents will use correspondence clerks, at a mean hourly wage of 
$17.47,\10\ to modify and distribute notices to consumers, for a 
cumulative labor cost total of $167,974,050.
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    \10\ https://www.bls.gov/news.release/ocwage.htm: Bureau of 
Labor Statistics, Economic News Release, March 30, 2016, Table 1, 
``National employment and wage data from the Occupational Employment 
Statistics survey by occupation, May 2015.''
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    D. Capital/Non-Labor Costs: $0.
    The FTC believes that the FTC and CFPB rules impose negligible 
capital or other non-labor costs, as the affected entities are likely 
to have the necessary supplies and/or equipment already (e.g., offices 
and computers) for the information collections discussed above.

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 May 2, 2017. 
Write ``RBP Rule, PRA Comment, P145403,'' 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, 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), 16CFR 
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

[[Page 12454]]

explained in FTC Rule 4.9(c).\11\ Your comment will be kept 
confidential only if the FTC General Counsel grants your request in 
accordance with the law and the public interest. Once your comment is 
posted, as legally required by FTC Rule 4.9(b), we cannot redact or 
remove your comment from the FTC's public record, including the FTC's 
Web site, unless you submit a confidentiality request that meets the 
requirements for such treatment under FTC Rule 4.9(c), and the General 
Counsel grants that request in accordance with the law and the public 
interest, as explained above.
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    \11\ 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/rbprulepra, by following the instructions on the web-based form. 
When this Notice appears at http://www.regulations.gov/#!home, you also 
may file a comment through that Web site.
    If you file your comment on paper, write ``RBP Rule, PRA Comment, 
P145403,'' on your comment and on the envelope, and mail or deliver 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 (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 May 2, 2017. 
For information on the Commission's privacy policy, including routine 
uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/privacy.htm.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-04117 Filed 3-2-17; 8:45 am]
 BILLING CODE 6750-01-P