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]
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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 https://
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
https://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
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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.
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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.
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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 https://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
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CFR 145.9.
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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: https://
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 https://
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
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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:
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://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 https://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.
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\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.
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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\
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\9\ 17 CFR 145.9.
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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 https://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\
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\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).
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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
