Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension, 27064-27066 [2017-12191]
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27064
Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices
Communications Commission, Portals
II, 445 12th Street SW., Room 5–C162,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Carmell Weathers at (202) 418–2325 or
Carmell.Weathers@fcc.gov. The fax
number is: (202) 418–1413. The TTY
number is: (202) 418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document in CC Docket No. 92–237, DA
17–542 released June 5, 2017. The
complete text in this document is
available for public inspection and
copying during normal business hours
in the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
The document may also be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160 or (202) 863–2893, facsimile
(202) 863–2898, or via the Internet at
https://www.bcpiweb.com. It is available
on the Commission’s Web site at https://
www.fcc.gov. The North American
Numbering Council (NANC) has
scheduled a meeting to be held
Thursday, June 29, 2017, from 10:00
a.m. until 2:00 p.m. The meeting will be
held at the Federal Communications
Commission, Portals II, 445 12th Street
SW., Room TW–C305, Washington, DC.
This meeting is open to members of the
general public. The FCC will attempt to
accommodate as many participants as
possible. The public may submit written
statements to the NANC, which must be
received two business days before the
meeting. In addition, oral statements at
the meeting by parties or entities not
represented on the NANC will be
permitted to the extent time permits.
Such statements will be limited to five
minutes in length by any one party or
entity, and requests to make an oral
statement must be received two
business days before the meeting.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty). Reasonable
accommodations for people with
disabilities are available upon request.
Include a description of the
accommodation you will need,
including as much detail as you can.
Also include a way we can contact you
if we need more information. Please
allow at least five days advance notice;
last minute requests will be accepted,
but may be impossible to fill.
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14:58 Jun 12, 2017
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Proposed Agenda
Thursday, June 29, 2017, 10:00 a.m.*
1. Announcements and Recent News
2. Approval of March 28 Meeting
Transcript
3. Discussion of the North American
Numbering Plan Administrator
(NANPA) Report
4. Discussion of the National Thousands
Block Pooling Administrator (PA)
Report
5. Discussion of the Numbering
Oversight Working Group (NOWG)
Report
6. Discussion of the Toll Free Number
Administrator (TFNA) Report
7. Discussion of the North American
Numbering Plan Billing and
Collection (NANP B&C) Agent
Report
8. Discussion of the Billing and
Collection Working Group (B&C
WG) Report
9. Discussion of the North American
Portability Management LLC
(NAPM LLC) Report
10. Discussion of the Local Number
Portability Administrator (LNPA)
Transition Oversight Manager
(TOM) Report
11. Discussion of the LNPA Working
Group (WG) Report
12. Discussion of the Future of
Numbering Working Group (FoN
WG) Report
13. Status of the Industry Numbering
Committee (INC) Activities
14. Status of the ATIS All-IP Transition
Initiatives
15. Summary of Action Items
16. Public Comments and Participation
(maximum 5 minutes per speaker)
17. Other Business Adjourn no later
than 2:00 p.m.
* The Agenda may be modified at the
discretion of the NANC Chairman with
the approval of the Designated Federal
Officer (DFO).
Federal Communications Commission.
Marilyn Jones,
Senior Counsel for Number Administration,
Wireline Competition Bureau.
[FR Doc. 2017–12222 Filed 6–12–17; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Extension
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
AGENCY:
The FTC intends to ask the
Office of Management and Budget
SUMMARY:
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(‘‘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 31, 2017.
Comments must be filed by July
13, 2017.
DATES:
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/
rbprulepra2 by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, write ‘‘RBP Rule, PRA Comment,
P145403’’ on your comment and on the
envelope, and mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue NW., Washington,
DC 20580, 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, Washington, DC
20024.
ADDRESSES:
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.
On March
3, 2017, the FTC sought public comment
on the information collection
requirements (creditor disclosures to
consumers) associated with the RBP
Rule and the Commission’s shared
enforcement with the CFPB of subpart H
of Regulation V (March 3, 2017 Notice 1)
and the FTC’s associated PRA burden
analysis. One relevant comment was
received.2 The commenter, the National
Automobile Dealers Association
(‘‘NADA’’), observed that many dealers
face compliance costs beyond those that
the FTC had estimated for respondents
to modify and distribute notices:
SUPPLEMENTARY INFORMATION:
1 82
FR 12452.
2 https://www.ftc.gov/policy/public-comments/
initiative-702.
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Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices
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(a) Obtaining those reports, including (i)
the direct costs from the CRA’s, (ii) the
personnel costs associated with obtaining the
reports, and (b) the direct and indirect costs
of properly handling, storing, and disposing
of that sensitive personally identifiable
information.
Additionally, NADA contended that
the FTC’s estimate of hours burden does
not contemplate the burden associated
with ‘‘obtaining, and properly handling,
storing, and disposing of the
information in the [credit] reports.’’
The FTC believes that its burden
estimates do not need to be increased.
NADA’s suggestion that compliance
with the Rule compels its members to
purchase consumer credit scores is
incorrect. Automobile dealers, and all
other respondents, are covered by the
Rule only if they already use consumer
reports and/or credit scores to set the
terms of credit they offer to consumers.
Because respondents already are using
consumer reports and have access to the
information necessary to provide the
notices, the Rule does not impose,
directly or indirectly, the additional cost
of purchasing consumer reports or
credit scores.
NADA’s comment focuses on
automobile dealers that are engaged in
three-party financing transactions, in
which a dealer agrees to extend
financing to a consumer and then
assigns the loan to a third party, such
as a bank or financing company. In this
scenario, automobile dealers will obtain
certain personal information from
consumers, along with an authorization
to obtain their consumer reports, and
will shop the information to several
potential financing sources. These
financing sources will pull consumer
reports in order to determine the ‘‘buy
rate’’ at which the financing source
would agree to purchase the contract.
The automobile dealer uses a consumer
report in setting the retail financing rate
for the credit because it uses the ‘‘buy
rate’’ offered by the third-party
financing source to set the rate offered
to the consumer. In some instances, the
dealer may not have physically accessed
the consumer report. Nevertheless, the
FTC has always maintained that the
Rule covers these dealers since they are
the original creditor in a transaction that
uses a consumer report in connection
with an application for, or a grant,
extension, or other provision of, credit.
The FTC’s interpretation of the Rule was
upheld by the DC District Court in Nat’l
Auto Dealers Ass’n v. FTC, 854 F. Supp.
2d 65 (D.D.C. May 22, 2012).
This interpretation that dealers are
‘‘original’’ creditors under the Rule does
not impose the vast costs that NADA
suggests. As the court in Nat’l Auto
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14:58 Jun 12, 2017
Jkt 241001
Dealers Ass’n noted in its decision,
‘‘. . . given the preexisting channels
between financing sources and auto
dealers (to convey, for example, credit
applications and loan rates), the dealer
could get the credit information from
the financing source as well . . . [the
FTC’s interpretation] does not mandate
an impossibility nor does it obligate
them to purchase a consumer report.’’ 3
Indeed, the dealer could require simply
that the financing source pass on to the
dealer the credit score it obtained on the
consumer. Although the Rule does
allow dealers to comply by providing all
consumers with their credit scores,
nothing in the Rule mandates this
course of action.
Moreover, automobile dealers already
handle, maintain, store, and dispose of
sensitive personal information about
consumers (e.g., credit applications,
financing contracts etc.). Thus, the FTC
does not believe that the Rule imposes
an additional burden when it comes to
the handling, storing, and disposing of
consumer report information.
Pursuant to the OMB regulations, 5
CFR part 1320, that implement the PRA,
44 U.S.C. 3501 et seq., the FTC is
providing this second opportunity for
public comment while seeking OMB
approval to renew clearance for the
FTC’s calculated share of the associated
PRA burden for the underlying
disclosure requirements.
Burden statement:The burden figures
below present estimates of the number
of applicable motor vehicle dealers
subject to the FTC’s RBP Rule 4 and
their assumed recurring disclosure
burden, in addition to the estimated
number of and burden for other entities
over which the FTC shares enforcement
burden with the CFPB under subpart H
of Regulation V. For more details about
the creditor notifications required and
the basis for the calculations
summarized below, see the March 3,
2017 Notice.
Title: Fair Credit Reporting RiskBased Pricing Regulations.
OMB Control Number: 3084–0145.
Type of Review: Extension of
currently approved collection.
Estimated number of respondents:
160,250.
3 Nat’l
Auto Dealers Ass’n v. FTC, 864 F. Supp.
2d 65, n.17 (D.D.C. May 22, 2012).
4 The FTC retains rulemaking authority for its
RBP Rule solely for motor vehicle dealers described
in section 1029(a) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Pub. L. 111–
203, 124 Stat. 1376 (2010)) that are predominantly
engaged in the sale and servicing of motor vehicles,
the leasing and servicing of motor vehicles, or both.
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Estimated Annual Burden: 9,652,500
hours and $174,127,650 5 in associated
labor costs.
Estimated Capital or Other Non-Labor
Costs: 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 July 13,
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 https://
www.ftc.gov/policy/public-comments.
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/
rbprulepra2, by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘RBP Rule, PRA Comment,
P145403’’ on your comment and on the
envelope, and 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, Washington, DC
20024. If possible, please submit your
paper comment to the Commission by
courier or overnight service.
Comments on the information
collection requirements subject to
review under the PRA should
additionally be submitted to OMB. If
sent by U.S. mail, they should be
addressed to Office of Information and
5 Bureau of Labor Statistics, Economic News
Release, March 31, 2017, Table 1, ‘‘National
employment and wage data from the Occupational
Employment Statistics survey by occupation, May
2016’’: https://www.bls.gov/news.release/
ocwage.htm. This is an update of the labor
information used in the March 3, 2017 Notice. The
newer table shows $18.11 as the mean hourly wage
for correspondence clerks, an increase from $17.47
previously used.
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27066
Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices
Regulatory Affairs, Office of
Management and Budget, Attention:
Desk Officer for the Federal Trade
Commission, New Executive Office
Building, Docket Library, Room 10102,
725 17th Street NW., Washington, DC
20503. Comments sent to OMB by U.S.
postal mail are subject to delays due to
heightened security precautions. Thus,
comments instead can also be sent via
email to wliberante@omb.eop.gov.
Because your comment will be placed
on the publicly accessible FTC Web site
at https://www.ftc.gov/, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by 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)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
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). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted on the public FTC Web
site—as legally required by FTC Rule
4.9(b)—we cannot redact or remove
your comment from the FTC 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.
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14:58 Jun 12, 2017
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Visit the FTC Web site to read this
Notice. The FTC Act and other laws that
the Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before July 13, 2017. For information on
the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/
site-information/privacy-policy.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2017–12191 Filed 6–12–17; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Toxic Substances and
Disease Registry
[Docket No. ATSDR–2014–0002]
Availability of Draft Toxicological
Profiles: Antimony; 2,4-D;
Molybdenum; Silica
Agency for Toxic Substances
and Disease Registry (ATSDR),
Department of Health and Human
Services (HHS).
ACTION: Notice of availability, and
request for comment.
AGENCY:
The Agency for Toxic
Substances and Disease Registry
(ATSDR), within the Department of
Health and Human Services (HHS)
announces the availability of
Toxicological Profiles for review and
comment. All toxicological profiles
issued as ‘‘Drafts for Public Comment’’
represent ATSDR’s best efforts to
provide important toxicological
information on priority hazardous
substances. ATSDR is seeking public
comments and additional information or
reports on studies about the health
effects of these four substances for
review and potential inclusion in the
profiles.
Although ATSDR considers key
studies for these substances during the
profile development process, this
document solicits any relevant,
additional studies. ATSDR will evaluate
the quality and relevance of such data
or studies for possible inclusion into the
profile. ATSDR remains committed to
providing a public comment period for
these documents as a means to best
serve public health and the public.
DATES: Comments must be submitted by
September 11, 2017.
SUMMARY:
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You may submit comments,
identified by docket number ATSDR–
2014–0002, by any of the following
methods:
• Internet: Access the Federal
eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Division of Toxicology and
Human Health Sciences, Agency for
Toxic Substances and Disease Registry,
1600 Clifton Rd. NE., MS F–57, Atlanta,
GA 30329.
Instructions: All submissions must
include the agency name and docket
number for this notice. All relevant
comments will be posted without
change. This means that no confidential
business information or other
confidential information should be
submitted in response to this notice.
FOR FURTHER INFORMATION CONTACT:
Commander Jessilynn B. Taylor,
Division of Toxicology and Human
Health Sciences, Agency for Toxic
Substances and Disease Registry, 1600
Clifton Rd. NE., MS F–57, Atlanta, GA
30329, Email: jxt1@cdc.gov; Phone:
770–488–3313.
SUPPLEMENTARY INFORMATION: The
Superfund Amendments and
Reauthorization Act of 1986 (SARA) [42
U.S.C. 9601 et seq.] amended the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA or Superfund) [42
U.S.C. 9601 et seq.] by establishing
certain requirements for ATSDR and the
U.S. Environmental Protection Agency
(EPA) regarding hazardous substances
that are most commonly found at
facilities on the CERCLA National
Priorities List (NPL). Among these
statutory requirements is a mandate for
the Administrator of ATSDR to prepare
toxicological profiles for each substance
included on the priority list of
hazardous substances [also called the
Substance Priority List (SPL)]. This list
identifies 275 hazardous substances that
ATSDR and EPA have determined pose
the most significant potential threat to
human health. The SPL is available
online at www.atsdr.cdc.gov/spl.
In addition, CERCLA provides ATSDR
with the authority to prepare
toxicological profiles for substances not
found on the SPL. CERCLA authorizes
ATSDR to establish and maintain
inventory of literature, research, and
studies on the health effects of toxic
substances (CERCLA Section
104(i)(1)(B)); to respond to requests for
health consultations (CERCLA Section
104(i)(4)); and to support the sitespecific response actions conducted by
the agency.
ADDRESSES:
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Agencies
[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Pages 27064-27066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12191]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Extension
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Notice.
-----------------------------------------------------------------------
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 31, 2017.
DATES: Comments must be filed by July 13, 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/rbprulepra2 by following the
instructions on the web-based form. If you prefer to file your comment
on paper, write ``RBP Rule, PRA Comment, P145403'' on your comment and
on the envelope, and mail your comment to the following address:
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex
J), 600 Pennsylvania Avenue NW., Washington, DC 20580, 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, 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 March 3, 2017, the FTC sought public
comment on the information collection requirements (creditor
disclosures to consumers) associated with the RBP Rule and the
Commission's shared enforcement with the CFPB of subpart H of
Regulation V (March 3, 2017 Notice \1\) and the FTC's associated PRA
burden analysis. One relevant comment was received.\2\ The commenter,
the National Automobile Dealers Association (``NADA''), observed that
many dealers face compliance costs beyond those that the FTC had
estimated for respondents to modify and distribute notices:
---------------------------------------------------------------------------
\1\ 82 FR 12452.
\2\ https://www.ftc.gov/policy/public-comments/initiative-702.
[[Page 27065]]
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(a) Obtaining those reports, including (i) the direct costs from
the CRA's, (ii) the personnel costs associated with obtaining the
reports, and (b) the direct and indirect costs of properly handling,
storing, and disposing of that sensitive personally identifiable
information.
Additionally, NADA contended that the FTC's estimate of hours
burden does not contemplate the burden associated with ``obtaining, and
properly handling, storing, and disposing of the information in the
[credit] reports.''
The FTC believes that its burden estimates do not need to be
increased. NADA's suggestion that compliance with the Rule compels its
members to purchase consumer credit scores is incorrect. Automobile
dealers, and all other respondents, are covered by the Rule only if
they already use consumer reports and/or credit scores to set the terms
of credit they offer to consumers. Because respondents already are
using consumer reports and have access to the information necessary to
provide the notices, the Rule does not impose, directly or indirectly,
the additional cost of purchasing consumer reports or credit scores.
NADA's comment focuses on automobile dealers that are engaged in
three-party financing transactions, in which a dealer agrees to extend
financing to a consumer and then assigns the loan to a third party,
such as a bank or financing company. In this scenario, automobile
dealers will obtain certain personal information from consumers, along
with an authorization to obtain their consumer reports, and will shop
the information to several potential financing sources. These financing
sources will pull consumer reports in order to determine the ``buy
rate'' at which the financing source would agree to purchase the
contract. The automobile dealer uses a consumer report in setting the
retail financing rate for the credit because it uses the ``buy rate''
offered by the third-party financing source to set the rate offered to
the consumer. In some instances, the dealer may not have physically
accessed the consumer report. Nevertheless, the FTC has always
maintained that the Rule covers these dealers since they are the
original creditor in a transaction that uses a consumer report in
connection with an application for, or a grant, extension, or other
provision of, credit. The FTC's interpretation of the Rule was upheld
by the DC District Court in Nat'l Auto Dealers Ass'n v. FTC, 854 F.
Supp. 2d 65 (D.D.C. May 22, 2012).
This interpretation that dealers are ``original'' creditors under
the Rule does not impose the vast costs that NADA suggests. As the
court in Nat'l Auto Dealers Ass'n noted in its decision, ``. . . given
the preexisting channels between financing sources and auto dealers (to
convey, for example, credit applications and loan rates), the dealer
could get the credit information from the financing source as well . .
. [the FTC's interpretation] does not mandate an impossibility nor does
it obligate them to purchase a consumer report.'' \3\ Indeed, the
dealer could require simply that the financing source pass on to the
dealer the credit score it obtained on the consumer. Although the Rule
does allow dealers to comply by providing all consumers with their
credit scores, nothing in the Rule mandates this course of action.
---------------------------------------------------------------------------
\3\ Nat'l Auto Dealers Ass'n v. FTC, 864 F. Supp. 2d 65, n.17
(D.D.C. May 22, 2012).
---------------------------------------------------------------------------
Moreover, automobile dealers already handle, maintain, store, and
dispose of sensitive personal information about consumers (e.g., credit
applications, financing contracts etc.). Thus, the FTC does not believe
that the Rule imposes an additional burden when it comes to the
handling, storing, and disposing of consumer report information.
Pursuant to the OMB regulations, 5 CFR part 1320, that implement
the PRA, 44 U.S.C. 3501 et seq., the FTC is providing this second
opportunity for public comment while seeking OMB approval to renew
clearance for the FTC's calculated share of the associated PRA burden
for the underlying disclosure requirements.
Burden statement:The burden figures below present estimates of the
number of applicable motor vehicle dealers subject to the FTC's RBP
Rule \4\ and their assumed recurring disclosure burden, in addition to
the estimated number of and burden for other entities over which the
FTC shares enforcement burden with the CFPB under subpart H of
Regulation V. For more details about the creditor notifications
required and the basis for the calculations summarized below, see the
March 3, 2017 Notice.
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\4\ The FTC retains rulemaking authority for its RBP Rule solely
for motor vehicle dealers described in section 1029(a) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-
203, 124 Stat. 1376 (2010)) that are predominantly engaged in the
sale and servicing of motor vehicles, the leasing and servicing of
motor vehicles, or both.
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Title: Fair Credit Reporting Risk-Based Pricing Regulations.
OMB Control Number: 3084-0145.
Type of Review: Extension of currently approved collection.
Estimated number of respondents: 160,250.
Estimated Annual Burden: 9,652,500 hours and $174,127,650 \5\ in
associated labor costs.
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\5\ Bureau of Labor Statistics, Economic News Release, March 31,
2017, Table 1, ``National employment and wage data from the
Occupational Employment Statistics survey by occupation, May 2016'':
https://www.bls.gov/news.release/ocwage.htm. This is an update of the
labor information used in the March 3, 2017 Notice. The newer table
shows $18.11 as the mean hourly wage for correspondence clerks, an
increase from $17.47 previously used.
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Estimated Capital or Other Non-Labor Costs: 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 July 13, 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 https://www.ftc.gov/policy/public-comments.
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/rbprulepra2, by following the instructions on the web-based form.
If this Notice appears at https://www.regulations.gov/#!home, you also
may file a comment through that Web site.
If you file your comment on paper, write ``RBP Rule, PRA Comment,
P145403'' on your comment and on the envelope, and 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, Washington, DC 20024. If
possible, please submit your paper comment to the Commission by courier
or overnight service.
Comments on the information collection requirements subject to
review under the PRA should additionally be submitted to OMB. If sent
by U.S. mail, they should be addressed to Office of Information and
[[Page 27066]]
Regulatory Affairs, Office of Management and Budget, Attention: Desk
Officer for the Federal Trade Commission, New Executive Office
Building, Docket Library, Room 10102, 725 17th Street NW., Washington,
DC 20503. Comments sent to OMB by U.S. postal mail are subject to
delays due to heightened security precautions. Thus, comments instead
can also be sent via email to wliberante@omb.eop.gov.
Because your comment will be placed on the publicly accessible FTC
Web site at https://www.ftc.gov/, you are solely responsible for making
sure that your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else'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, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
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)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the public FTC Web site--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC 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.
Visit the FTC Web site to read this Notice. The FTC Act and other
laws that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before July 13, 2017. For information on the
Commission's privacy policy, including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-12191 Filed 6-12-17; 8:45 am]
BILLING CODE 6750-01-P