Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0067, Protection of Consumer Information Under the Fair Credit Reporting Act, 36086-36088 [2019-15933]

Download as PDF 36086 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Notices 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the products and services deleted from the Procurement List. End of Certification Accordingly, the following products and services are deleted from the Procurement List: jbell on DSK3GLQ082PROD with NOTICES Products NSNs—Product Names: 8345–00–242–0266—Flag, 3 Star, Outdoor, 58″ x 81″ 8345–00–242–0267—Flag, 3 Star, Outdoor, 43″ x 62″ 8345–00–242–0268—Flag, 3 Star, Outdoor, 22″ x 32″ 8345–00–242–0269—Flag, 3 Star, Outdoor, 12″ x 15″ 8345–00–242–0270—Flag, 2 Star, Outdoor, 58″ x 81″ 8345–00–242–0271—Flag, 2 Star, Outdoor, 43″ x 62″ 8345–01–033–9300—Flag, 2 Star, Outdoor, 52″ x 66″ 8345–01–085–6033—Flag, Commandant, 52″ X 66″ 8345–01–085–6034—Flag, Vice Commandant, 52″ x 66″ 8345–01–087–4592—Flag, Commandant, Outdoor 43″ x 62″ 8345–00–265–7522—Pennant 8345–01–087–4593—Flag, Commandant, Outdoor, 22″ x 32″ 8345–01–087–4596—Flag, Vice Commandant, Outdoor 22″ x 32″ 8345–01–087–4597—Flag, Vice Commandant, Automobile, 12″ x 15″ 8345–01–168–1144—Flag, 1 Star, 52″ x 66″ 8345–01–168–1145—Flag, 1 Star, Outdoor, 22″ x 32″ 8345–01–168–1147—Flag, 1 Star, 43″ x 62″ 8345–01–248–4071—Flag, 3 Star, 52″ x 66″ 8345–01–298–7403—Flag, Standard Coast Guard, 52″ x 66″ 8345–00–242–0272—Flag, 2 Star, Outdoor, 22x32 8345–01–087–4594—Flag, Commandant, Automobile, 12x15 8345–01–087–4595—Flag, Vice Commandant, Outdoor, 43x62 8345–01–168–1146—Flag, 1 Star, Automobile Mandatory Source of Supply: Goodwill Industries of South Florida, Inc., Miami, FL Contracting Activity: SFLC PROCUREMENT BRANCH 3, BALTIMORE, MD Services Service Type: Data Entry Mandatory for: USDA, Food Safety & Inspection Services: 100 North Sixth Street, Minneapolis, MN Contracting Activity: General Services Administration, FPDS Agency Coordinator Service Type: Document Destruction Mandatory for: US Department of the Interior, Interior Business Center, Acquisition Services Directorate, VerDate Sep<11>2014 17:54 Jul 25, 2019 Jkt 247001 Division III, Sierra Vista, AZ Mandatory Source of Supply: Beacon Group, Inc., Tucson, AZ Contracting Activity: Departmental Offices, IBC ACQ SERVICES DIVISION (00063) Service Type: Janitorial/Custodial Mandatory for: U.S. Army Reserve, Fridley USARC, Covington, VA Mandatory Source of Supply: Goodwill Industries of the Valleys, Inc., Roanoke, VA Contracting Activity: DEPT OF THE ARMY, W6QM MICC–FT DIX (RC–E) Service Type: Janitorial/Custodial Mandatory for: U.S. Army Reserve AFRC: 3938 Old French Road, Erie, PA Mandatory Source of Supply: Dr. Gertrude A. Barber Center, Inc., Erie, PA Contracting Activity: DEPT OF THE ARMY, W6QM MICC CTR–FT DIX (RC) Service Type: Janitorial/Custodial Mandatory for: Camp Lincoln Museum Combined Support Maintenance Shop U.S. Property and Fiscal Office, Building 1 U.S. Property and Fiscal Office Warehouse: Building 2 Springfield, IL Mandatory Source of Supply: United Cerebral Palsy of the Land of Lincoln, Springfield, IL Contracting Activity: DEPT OF THE ARMY, W7M6 USPFO ACTIVITY IL ARNG Patricia Briscoe, Deputy Director, Business Operations (Pricing and Information Management). [FR Doc. 2019–15893 Filed 7–25–19; 8:45 am] BILLING CODE 6353–01–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038–0067, Protection of Consumer Information Under the Fair Credit Reporting Act Commodity Futures Trading Commission. ACTION: Notice. AGENCY: SUMMARY: The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘Commission’’) is announcing an opportunity for public comment on the proposed renewal of a collection of certain information by the agency. This notice solicits comments on the collections of information mandated by the Commission’s regulations (Protection of Consumer Information under the Fair Credit Reporting Act). DATES: Comments must be submitted on or before September 24, 2019. ADDRESSES: You may submit comments, identified by ‘‘Part 162—Protection of Consumer Information under the Fair Credit Reporting Act,’’ and OMB Control No. 3038–0067 by any of the following methods: PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 • The Agency’s website, at http:// comments.cftc.gov/. Follow the instructions for submitting comments through the website. • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Same as Mail above. Please submit your comments using only one method. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Jacob Chachkin, Special Counsel, Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, (202) 418–5496, email: jchachkin@cftc.gov. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act 1 (‘‘PRA’’), Federal agencies must obtain approval from the Office of Management and Budget (‘‘OMB’’) for each collection of information they conduct or sponsor. ‘‘Collection of Information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the CFTC is publishing notice of the proposed collection of information listed below. Title: Part 162—Protection of Consumer Information under the Fair Credit Reporting Act (OMB Control No. 3038–0067). This is a request for an extension of a currently approved information collection. Abstract: On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘‘Dodd-Frank Act’’).2 Title X of the Dodd-Frank Act, which is titled the Consumer Financial Protection Act of 2010 (‘‘CFP Act’’), amends a number of federal consumer protection laws enacted prior to the Dodd-Frank Act including, in relevant part, the Fair Credit Reporting Act 1 44 U.S.C. 3501 et seq. Law 111–203, 124 Stat. 1376 (2010). 2 Public E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Notices (‘‘FCRA’’) 3 and the Fair and Accurate Credit Transactions Act of 2003 (‘‘FACT Act’’).4 Specifically, Section 1088 of the CFP Act sets out certain amendments to the FCRA and the FACT Act directing the Commission to promulgate regulations that are intended to provide privacy protections to certain consumer information held by an entity that is subject to the jurisdiction of the Commission. Section 1088 amends section 214(b) of the FACT Act—which added section 624 to the FCRA in 2003—and directs the Commission to implement the provisions of section 624 of the FCRA with respect to persons that are subject to the Commission’s enforcement jurisdiction. Section 624 of the FCRA gives a consumer the right to block affiliates of an entity subject to the Commission’s jurisdiction from using certain information obtained from such entity to make solicitations to that consumer (hereinafter referred to as the ‘‘affiliate marketing rules’’).5 Under the affiliate marketing rules, the entities covered by the regulations are expected to prepare and provide clear, conspicuous and concise opt-out notices to any consumers with whom such entities have a pre-existing business relationship. A covered entity only has to provide an opt-out notice to the extent that an affiliate of the covered entity plans to make a solicitation to any of the covered entity’s consumers. The purpose of the opt-out notice is to provide consumers with the ability to prohibit marketing solicitations from affiliate businesses that do not have a pre-existing business relationship with the consumers, but that do have access to such consumers’ nonpublic, personal information. A covered entity is required to send opt-out notices at the maximum of once every five years. Section 1088 of the CFP Act also amends section 628 of the FCRA and mandates that the Commission implement regulations requiring persons subject to the Commission’s jurisdiction who possess or maintain consumer report information in connection with their business activities to properly dispose of that information (hereinafter referred to as the ‘‘disposal rules’’).6 Under the disposal rules, the entities covered by the regulations are 3 15 U.S.C. 1681–1681x. Law 108–159, 117 Stat. 1952, 1980 (2003). 5 The affiliate marketing rules are found in part 162, subpart A (Business Affiliate Marketing Rules) of the CFTC’s regulations. 17 CFR part 162, subpart A. 6 The disposal rules are found in part 162, subpart B (Disposal Rules) of the CFTC’s regulations. 17 CFR part 162, subpart B. jbell on DSK3GLQ082PROD with NOTICES 4 Public VerDate Sep<11>2014 17:54 Jul 25, 2019 Jkt 247001 expected to develop and implement a written disposal plan with respect to any consumer information within such entities’ possession. The regulations provide that a covered entity develop a written disposal plan that is tailored to the size and complexity of such entity’s business. The purpose of the written disposal plan is to establish a formal plan for the disposal of nonpublic, consumer information, which otherwise could be illegally confiscated and used by unauthorized third parties. Under the rules, a covered entity is required to develop a written disposal plan only once, but may subsequently amend such plan from time to time. In addition, Section 1088 of the CFP Act amended the FCRA by adding the CFTC and the Securities and Exchange Commission (‘‘SEC,’’ together with the CFTC, the ‘‘Commissions’’) to the list of federal agencies required to jointly prescribe and enforce identity theft red flags rules and guidelines and card issuer rules. Thus, the Dodd-Frank Act provides for the transfer of rulemaking responsibility and enforcement authority to the CFTC and SEC with respect to the entities under their respective jurisdiction. Accordingly, the Commissions have issued final rules and guidelines (hereinafter referred to as the ‘‘identity theft rules’’) 7 to implement new statutory provisions enacted by the CFP Act that amend section 615(e) of the FCRA and direct the Commissions to prescribe rules requiring entities that are subject to the Commissions’ jurisdiction to address identity theft. Under the identity theft rules, entities covered by the regulation are required to develop and implement reasonable policies and procedures to identify, detect, and respond to relevant red flags for identity theft that are appropriate to the size and complexity of such entity’s business and, in the case of entities that issue credit or debit cards, to assess the validity of, and communicate with cardholders regarding, address changes.8 They are also required to provide for the continued administration of identity theft policies and procedures. 7 The CFTC’s identity theft rules are found in part 162, subpart C (Identity Theft Red Flags) of the CFTC’s regulations. 17 CFR part 162, subpart C. 8 The CFTC understands that CFTC-regulated entities generally do not issue credit or debit cards, but instead may partner with other entities, such as banks, that issue cards on their behalf. These other entities, which are not regulated by the CFTC, are already subject to substantially similar change of address obligations pursuant to other federal regulators’ identity theft red flags rules. Therefore, the CFTC does not expect that any CFTC-regulated entities will be subject to the related information collection requirements under the CFTC’s identity theft rules. PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 36087 With respect to the collection of information, the CFTC invites comments on: • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use; • The accuracy of the Commission’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Ways to enhance the quality, usefulness, and clarity of the information to be collected; and • Ways to minimize the burden of collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations.9 The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the information collection request will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act. Burden Statement: The Commission is revising its burden estimate for this collection to reflect its estimate of the current number of CFTC registrants subject to the requirements of part 162 regulations. In addition, this burden estimate reflects the total burden hours from the affiliate marketing rules (subpart A), the disposal rules (subpart B), and the identity theft rules (subpart C)—the first two categories of which were inadvertently omitted from previous renewals. Thus the current renewal aims to correct past omissions by including burden calculations from all three categories under part 162. 9 17 E:\FR\FM\26JYN1.SGM CFR 145.9. 26JYN1 36088 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Notices Accordingly, the respondent burden for this collection is estimated to be as follows: Estimated Number of Respondents: 4,488. Estimated Average Burden Hours per Respondent: 13.25.10 Estimated Total Annual Burden Hours: 59,459. Frequency of Collection: As applicable. There are no capital costs or operating and maintenance costs associated with this collection. Authority: 44 U.S.C. 3501 et seq. Dated: July 23, 2019. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2019–15933 Filed 7–25–19; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA–2019–HQ–0015] Submission for OMB Review; Comment Request Army & Air Force Exchange Service (Exchange), DoD. ACTION: 30-Day information collection notice. AGENCY: jbell on DSK3GLQ082PROD with NOTICES SUMMARY: The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. DATES: Consideration will be given to all comments received by August 26, 2019. ADDRESSES: Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at oira_submission@ omb.eop.gov. Please identify the proposed information collection by DoD Desk Officer, Docket ID number, and title of the information collection. FOR FURTHER INFORMATION CONTACT: Angela James, 571–372–7574, or whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: Exchange Accounts Receivable Files; CRC 7429395—‘‘Military Star Card Paper Application’’ and Exchange 10 This number reflects the average aggregate burden hours, per respondent, in response to: (a) Disclosure (1 hr.) and recordkeeping requirements (3.5 hrs) under the affiliate marketing rules, (b) recordkeeping requirements under the disposal rules (5.9 hrs), and (c) recordkeeping requirements under the identity theft rules (2.85 hrs). VerDate Sep<11>2014 17:54 Jul 25, 2019 Jkt 247001 Form 6450–005—‘‘Exchange Credit Program Account Update’’; OMB Number 0702–0137. Type of Request: Extension. Number of Respondents: 916,574. Responses per Respondent: 1. Annual Responses: 916,574. Average Burden per Response: 3 minutes. Annual Burden Hours: 45,829. Needs and Uses: The information collection requirement is necessary to process, monitor, and post audit accounts receivables to the Army and Air Force Exchange Service; to administer the Federal Claims Collection Act and to answer inquiries pertaining thereto as well as collection of indebtedness and determination of customer’s eligibility to cash checks at Exchange facilities. Affected Public: Individuals or Households. Frequency: On occasion. Respondent’s Obligation: Voluntary. OMB Desk Officer: Ms. Jasmeet Seehra. You may also submit comments and recommendations, identified by Docket ID number and title, by the following method: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, Docket ID number, and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. DOD Clearance Officer: Ms. Angela James. Requests for copies of the information collection proposal should be sent to Ms. James at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil. Dated: July 23, 2019. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2019–15939 Filed 7–25–19; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD–2019–OS–0052] Submission for OMB Review; Comment Request Office of the Under Secretary of Defense for Acquisition and Sustainment, DoD. ACTION: 30-Day information collection notice. AGENCY: SUMMARY: The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. DATES: Consideration will be given to all comments received by August 26, 2019. ADDRESSES: Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at oira_submission@ omb.eop.gov. Please identify the proposed information collection by DoD Desk Officer, Docket ID number, and title of the information collection. FOR FURTHER INFORMATION CONTACT: Angela James, 571–372–7574, or whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: Technical Assistance for Public Participation (TAPP) Application; DD Form 2749; OMB Control Number 0704–0392. Type of Request: Revision. Number of Respondents: 25. Responses per Respondent: 2. Annual Responses: 50. Average Burden per Response: 4 hours. Annual Burden Hours: 200. Needs and Uses: The information collection requirement is necessary to identify products or services requested by community members of restoration advisory boards or technical review committees to aid in their participation in the Department of Defense’s environmental restoration program, and to meet Congressional reporting requirements. Affected Public: Individuals or households. Frequency: As required. Respondent’s Obligation: Voluntary. OMB Desk Officer: Ms. Jasmeet Seehra. You may also submit comments and recommendations, identified by Docket ID number and title, by the following method: E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Notices]
[Pages 36086-36088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15933]


=======================================================================
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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Renew Collection Number 3038-0067, Protection of Consumer Information 
Under the Fair Credit Reporting Act

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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

SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') is announcing an opportunity for public comment on the 
proposed renewal of a collection of certain information by the agency. 
This notice solicits comments on the collections of information 
mandated by the Commission's regulations (Protection of Consumer 
Information under the Fair Credit Reporting Act).

DATES: Comments must be submitted on or before September 24, 2019.

ADDRESSES: You may submit comments, identified by ``Part 162--
Protection of Consumer Information under the Fair Credit Reporting 
Act,'' and OMB Control No. 3038-0067 by any of the following methods:
     The Agency's website, at http://comments.cftc.gov/. Follow 
the instructions for submitting comments through the website.
     Mail: Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail above.
    Please submit your comments using only one method. All comments 
must be submitted in English, or if not, accompanied by an English 
translation. Comments will be posted as received to http://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT:  Jacob Chachkin, Special Counsel, 
Division of Swap Dealer and Intermediary Oversight, Commodity Futures 
Trading Commission, (202) 418-5496, email: [email protected].

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act \1\ 
(``PRA''), Federal agencies must obtain approval from the Office of 
Management and Budget (``OMB'') for each collection of information they 
conduct or sponsor. ``Collection of Information'' is defined in 44 
U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or 
requirements that members of the public submit reports, keep records, 
or provide information to a third party. Section 3506(c)(2)(A) of the 
PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 
60-day notice in the Federal Register concerning each proposed 
collection of information, including each proposed extension of an 
existing collection of information, before submitting the collection to 
OMB for approval. To comply with this requirement, the CFTC is 
publishing notice of the proposed collection of information listed 
below.
---------------------------------------------------------------------------

    \1\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

    Title: Part 162--Protection of Consumer Information under the Fair 
Credit Reporting Act (OMB Control No. 3038-0067). This is a request for 
an extension of a currently approved information collection.
    Abstract: On July 21, 2010, President Obama signed into law the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank 
Act'').\2\ Title X of the Dodd-Frank Act, which is titled the Consumer 
Financial Protection Act of 2010 (``CFP Act''), amends a number of 
federal consumer protection laws enacted prior to the Dodd-Frank Act 
including, in relevant part, the Fair Credit Reporting Act

[[Page 36087]]

(``FCRA'') \3\ and the Fair and Accurate Credit Transactions Act of 
2003 (``FACT Act'').\4\ Specifically, Section 1088 of the CFP Act sets 
out certain amendments to the FCRA and the FACT Act directing the 
Commission to promulgate regulations that are intended to provide 
privacy protections to certain consumer information held by an entity 
that is subject to the jurisdiction of the Commission.
---------------------------------------------------------------------------

    \2\ Public Law 111-203, 124 Stat. 1376 (2010).
    \3\ 15 U.S.C. 1681-1681x.
    \4\ Public Law 108-159, 117 Stat. 1952, 1980 (2003).
---------------------------------------------------------------------------

    Section 1088 amends section 214(b) of the FACT Act--which added 
section 624 to the FCRA in 2003--and directs the Commission to 
implement the provisions of section 624 of the FCRA with respect to 
persons that are subject to the Commission's enforcement jurisdiction. 
Section 624 of the FCRA gives a consumer the right to block affiliates 
of an entity subject to the Commission's jurisdiction from using 
certain information obtained from such entity to make solicitations to 
that consumer (hereinafter referred to as the ``affiliate marketing 
rules'').\5\ Under the affiliate marketing rules, the entities covered 
by the regulations are expected to prepare and provide clear, 
conspicuous and concise opt-out notices to any consumers with whom such 
entities have a pre-existing business relationship. A covered entity 
only has to provide an opt-out notice to the extent that an affiliate 
of the covered entity plans to make a solicitation to any of the 
covered entity's consumers. The purpose of the opt-out notice is to 
provide consumers with the ability to prohibit marketing solicitations 
from affiliate businesses that do not have a pre-existing business 
relationship with the consumers, but that do have access to such 
consumers' nonpublic, personal information. A covered entity is 
required to send opt-out notices at the maximum of once every five 
years.
---------------------------------------------------------------------------

    \5\ The affiliate marketing rules are found in part 162, subpart 
A (Business Affiliate Marketing Rules) of the CFTC's regulations. 17 
CFR part 162, subpart A.
---------------------------------------------------------------------------

    Section 1088 of the CFP Act also amends section 628 of the FCRA and 
mandates that the Commission implement regulations requiring persons 
subject to the Commission's jurisdiction who possess or maintain 
consumer report information in connection with their business 
activities to properly dispose of that information (hereinafter 
referred to as the ``disposal rules'').\6\ Under the disposal rules, 
the entities covered by the regulations are expected to develop and 
implement a written disposal plan with respect to any consumer 
information within such entities' possession. The regulations provide 
that a covered entity develop a written disposal plan that is tailored 
to the size and complexity of such entity's business. The purpose of 
the written disposal plan is to establish a formal plan for the 
disposal of nonpublic, consumer information, which otherwise could be 
illegally confiscated and used by unauthorized third parties. Under the 
rules, a covered entity is required to develop a written disposal plan 
only once, but may subsequently amend such plan from time to time.
---------------------------------------------------------------------------

    \6\ The disposal rules are found in part 162, subpart B 
(Disposal Rules) of the CFTC's regulations. 17 CFR part 162, subpart 
B.
---------------------------------------------------------------------------

    In addition, Section 1088 of the CFP Act amended the FCRA by adding 
the CFTC and the Securities and Exchange Commission (``SEC,'' together 
with the CFTC, the ``Commissions'') to the list of federal agencies 
required to jointly prescribe and enforce identity theft red flags 
rules and guidelines and card issuer rules. Thus, the Dodd-Frank Act 
provides for the transfer of rulemaking responsibility and enforcement 
authority to the CFTC and SEC with respect to the entities under their 
respective jurisdiction. Accordingly, the Commissions have issued final 
rules and guidelines (hereinafter referred to as the ``identity theft 
rules'') \7\ to implement new statutory provisions enacted by the CFP 
Act that amend section 615(e) of the FCRA and direct the Commissions to 
prescribe rules requiring entities that are subject to the Commissions' 
jurisdiction to address identity theft. Under the identity theft rules, 
entities covered by the regulation are required to develop and 
implement reasonable policies and procedures to identify, detect, and 
respond to relevant red flags for identity theft that are appropriate 
to the size and complexity of such entity's business and, in the case 
of entities that issue credit or debit cards, to assess the validity 
of, and communicate with cardholders regarding, address changes.\8\ 
They are also required to provide for the continued administration of 
identity theft policies and procedures.
---------------------------------------------------------------------------

    \7\ The CFTC's identity theft rules are found in part 162, 
subpart C (Identity Theft Red Flags) of the CFTC's regulations. 17 
CFR part 162, subpart C.
    \8\ The CFTC understands that CFTC-regulated entities generally 
do not issue credit or debit cards, but instead may partner with 
other entities, such as banks, that issue cards on their behalf. 
These other entities, which are not regulated by the CFTC, are 
already subject to substantially similar change of address 
obligations pursuant to other federal regulators' identity theft red 
flags rules. Therefore, the CFTC does not expect that any CFTC-
regulated entities will be subject to the related information 
collection requirements under the CFTC's identity theft rules.
---------------------------------------------------------------------------

    With respect to the collection of information, the CFTC invites 
comments on:
     Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information will have a practical 
use;
     The accuracy of the Commission's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
     Ways to enhance the quality, usefulness, and clarity of 
the information to be collected; and
     Ways to minimize the burden of collection of information 
on those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technological collection 
techniques or other forms of information technology; e.g., permitting 
electronic submission of responses.
    You should submit only information that you wish to make available 
publicly. If you wish the Commission to consider information that you 
believe is exempt from disclosure under the Freedom of Information Act, 
a petition for confidential treatment of the exempt information may be 
submitted according to the procedures established in Sec.  145.9 of the 
Commission's regulations.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 145.9.
---------------------------------------------------------------------------

    The Commission reserves the right, but shall have no obligation, to 
review, pre-screen, filter, redact, refuse or remove any or all of your 
submission from http://www.cftc.gov that it may deem to be 
inappropriate for publication, such as obscene language. All 
submissions that have been redacted or removed that contain comments on 
the merits of the information collection request will be retained in 
the public comment file and will be considered as required under the 
Administrative Procedure Act and other applicable laws, and may be 
accessible under the Freedom of Information Act.
    Burden Statement: The Commission is revising its burden estimate 
for this collection to reflect its estimate of the current number of 
CFTC registrants subject to the requirements of part 162 regulations. 
In addition, this burden estimate reflects the total burden hours from 
the affiliate marketing rules (subpart A), the disposal rules (subpart 
B), and the identity theft rules (subpart C)--the first two categories 
of which were inadvertently omitted from previous renewals. Thus the 
current renewal aims to correct past omissions by including burden 
calculations from all three categories under part 162.

[[Page 36088]]

    Accordingly, the respondent burden for this collection is estimated 
to be as follows:
    Estimated Number of Respondents: 4,488.
    Estimated Average Burden Hours per Respondent: 13.25.\10\
---------------------------------------------------------------------------

    \10\ This number reflects the average aggregate burden hours, 
per respondent, in response to: (a) Disclosure (1 hr.) and 
recordkeeping requirements (3.5 hrs) under the affiliate marketing 
rules, (b) recordkeeping requirements under the disposal rules (5.9 
hrs), and (c) recordkeeping requirements under the identity theft 
rules (2.85 hrs).
---------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 59,459.
    Frequency of Collection: As applicable.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

    Authority:  44 U.S.C. 3501 et seq.

     Dated: July 23, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019-15933 Filed 7-25-19; 8:45 am]
 BILLING CODE 6351-01-P