Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 9775-9777 [2020-03371]
Download as PDF
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices
Dated: February 13, 2020.
On behalf of the Commission,
Caroline C. Hunter,
Chair, Federal Election Commission.
[FR Doc. 2020–03262 Filed 2–19–20; 8:45 am]
BILLING CODE 6715–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreement
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary by
email at Secretary@fmc.gov, or by mail,
Federal Maritime Commission,
Washington, DC 20573, within twelve
days of the date this notice appears in
the Federal Register. Copies of
agreements are available through the
Commission’s website (www.fmc.gov) or
by contacting the Office of Agreements
at (202)–523–5793 or tradeanalysis@
fmc.gov.
Agreement No.: 201332.
Agreement Name: Maersk/MSC/SML
Cooperative Working Agreement.
Parties: Maersk A/S; Mediterranean
Shipping Company S.A.; and SM Line
Corporation.
Filing Party: Wayne Rohde; Cozen
O’Connor.
Synopsis: The agreement authorizes
the parties to operate a vessel string in
the trade between ports in China and
South Korea on the one hand and ports
on the Pacific Coast of the United States.
It also authorizes the parties to exchange
space on the jointly operated string for
space on other specified strings in the
Trade, and to charter space on specified
services in the Trade.
Proposed Effective Date: 2/12/2020.
Location: https://www2.fmc.gov/
FMC.Agreements.Web/Public/
AgreementHistory/27468.
Dated: February 14, 2020.
Rachel Dickon,
Secretary.
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The applications listed below, as well
as other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank indicated. The
applications will also be available for
inspection at the offices of the Board of
Governors. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than March 5, 2020.
A. Federal Reserve Bank of Dallas
(Robert L. Triplett III, Senior Vice
President) 2200 North Pearl Street,
Dallas, Texas 75201–2272:
1. Russell Alexander, Dallas, Texas;
Brian Applegate, Pittsburg, Texas; Alex
Castro, Carrollton, Texas; Daniel Castro,
Gilmer, Texas; Edward Castro, Farmers
Branch, Texas; Kent Martin, Longview,
Texas; Mark Richardson, Bogata, Texas;
and Paul Sewell, Pittsburg, Texas; as
members of a group acting in concert, to
acquire voting shares of Daingerfield
Holding Company and thereby
indirectly acquire voting shares of Texas
Heritage National Bank, both of
Daingerfield, Texas.
B. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Sam Blackard, Independence,
Kansas; to acquire voting shares of First
Howard Bankshares, Inc., and thereby
indirectly acquire voting shares of
Peoples State Bank, both of Cherryvale,
Kansas, and to be approved as a member
acting in concert with the Blackard
Family Control Group.
Board of Governors of the Federal Reserve
System, February 14, 2020.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2020–03347 Filed 2–19–20; 8:45 am]
BILLING CODE 6731–AA–P
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[FR Doc. 2020–03365 Filed 2–19–20; 8:45 am]
FEDERAL RESERVE SYSTEM
BILLING CODE P
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
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Board Member Meeting
77 K Street NE, 10th Floor, Washington,
DC 20002
February 24, 2020, 8:30 a.m.,
Telephonic
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9775
Open Session
1. Approval of the Minutes of the
January 27, 2020 Board Meeting
2. Monthly Reports
(a) Participant Activity Report
(b) Investment Performance
(c) Legislative Report
3. Quarterly Reports
(d) Metrics
4. Office of External Affairs Annual
Report
5. Omni Audit Report
6. Annual FISMA Audit Results
Closed Session
Information covered under 5 U.S.C.
552b (c)(4), (c)(9)(b), and (c)(10).
Contact Person for More Information:
Kimberly Weaver, Director, Office of
External Affairs, (202) 942–1640.
Dated: February 13, 2020.
Megan Grumbine,
General Counsel, Federal Retirement Thrift
Investment Board.
[FR Doc. 2020–03269 Filed 2–19–20; 8:45 am]
BILLING CODE 6760–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), the Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) is seeking
public comment on its proposal to
extend for an additional three years the
Office of Management and Budget
clearance for information collection
requirements in its ‘‘Fair Credit
Reporting Risk-Based Pricing
Regulations’’ (‘‘Risk-Based Pricing
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. The current
clearance expires on July 31, 2020.
DATES: Comments must be filed by April
20, 2020.
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 ‘‘Risk-Based Pricing Rule,
PRA Comment, P145403,’’ on your
comment and file your comment online
at https://www.regulations.gov, by
following the instructions on the webSUMMARY:
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9776
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices
based form. If you prefer to file your
comment on paper, mail your comment
to the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street, SW,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Monique Einhorn, Attorney, Division of
Privacy and Identity Protection, Bureau
of Consumer Protection, (202) 326–
2575, 600 Pennsylvania Ave., NW,
Room CC–8232, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Title of Collection: Fair Credit
Reporting Risk-Based Pricing
Regulations, 16 CFR 640.
OMB Control Number: 3084–0145.
Type of Review: Extension without
change of currently approved collection.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
7,950,000.
Estimated Annual Labor Costs:
$149,062,500.
Abstract: The Dodd-Frank Wall Street
Reform and Consumer Protection Act
(‘‘Dodd-Frank Act’’) was enacted on July
21, 2010.1 The Dodd-Frank Act
transferred to the CFPB most of the
FTC’s rulemaking authority for the riskbased pricing provisions of the Fair
Credit Reporting Act (‘‘FCRA’’),2 on July
21, 2011.3 After the enactment of the
Dodd-Frank Act, the FTC retains
rulemaking authority for its Risk-Based
Pricing Rule (16 CFR 640) solely for
motor vehicle dealers described in
section 1029(a) of the Dodd-Frank Act
that are predominantly engaged in the
sale and servicing of motor vehicles, the
leasing and servicing of motor vehicles,
or both.4 The FTC shares enforcement
authority with the CFPB for provisions
of Regulation V subpart C (12 CFR
1022.21) that apply to entities other
than motor vehicle dealers described
above.
The Risk-Based Pricing Rule and the
CFPB’s Regulation V require that a
creditor provide a risk-based pricing
notice to a consumer when the creditor
uses a consumer report to grant or
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1 Pub.
L. 111–203, 124 Stat. 1376 (2010).
U.S.C. 1681 et seq.
3 Dodd-Frank Act, § 1061. This date was the
‘‘designated transfer date’’ established by the
Treasury Department under the Dodd-Frank Act.
See Dep’t of the Treasury, Bureau of Consumer
Financial Protection; Designated Transfer Date, 75
FR 57252, 57253 (Sept. 20, 2010); see also DoddFrank Act, § 1062.
4 See Dodd-Frank Act §§ 1029 (a), (c).
2 15
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extend credit to the consumer on
material terms that are materially less
favorable than the most favorable terms
available to a substantial proportion of
consumers from or through that
creditor.5 Additionally, these provisions
require disclosure of credit scores and
information relating to credit scores in
risk-based pricing notices if a credit
score of the consumer is used in setting
the material terms of credit.
Under the PRA, 44 U.S.C. 3501–3521,
the FTC is requesting that OMB renew
the clearance (OMB Control Number
3084–0145) for the PRA burden
associated with the Rule. The FTC is
seeking clearance for its assumed share
of the estimated PRA burden regarding
the disclosure requirements under the
FTC and CFPB Rules.
Burden Statement
The Commission estimates that
approximately 168,000 entities are
covered by the FTC and CFPB Rules,6
including 97,000 motor vehicle dealers
that are subject to exclusive FTC
jurisdiction.7 The FTC assumes the full
burden for the motor vehicle dealers
subject to its exclusive jurisdiction and
shares burden for the remaining entities
subject to both CFPB and FTC
enforcement authority. Accordingly, as
an analytical framework, the FTC
estimates burden pertaining to
respondents over which both agencies
have shared enforcement authority,
divides the resulting total by one-half to
reflect the FTC’s shared burden, and
adds to the resulting subtotal the
estimated burden for motor vehicle
dealers over which the FTC retains
exclusive rulemaking and enforcement
authority.
This yields a total of 132,500
respondents for whom the FTC accounts
for burden (97,000 motor vehicle dealers
plus one-half (i.e., 35,500) of the
remaining 71,000 entities subject to
5 16
CFR 640.3–640.4; 12 CFR 1022.72–1022.73.
https://www.naics.com/search.htm
(categories of covered entities include retail, motor
vehicle dealers, consumer lenders, and utilities.
The estimate also includes state-chartered credit
unions, which are subject to the Commission’s
jurisdiction. See 15 U.S.C. 1681s. For the latter
category, Commission staff relied on estimates from
the Credit Union National Association for the
number of non-federal credit unions. See https://
www.ncua.gov/Legal/Documents/Reports/annualreport-2015.pdf.
7 This total is based on estimates that there are
54,753 franchise/new car and independent/used car
dealers in the U.S., as well as 3,876 recreational
vehicle dealers, 11,034 boat dealers, and 27,336
ATV/Other Motor Vehicle Dealers. These figures are
based on estimates by the National Automobile
Dealers Association and the National Independent
Automobile Dealers Association, see NADA Data
2018: Annual Report; NIADA.com, as well as data
from the NAICS Association, see https://
www.naics.com/six-digit-naics/?code=4445.
6 See
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shared FTC–CFPB jurisdiction). The
FTC estimates that covered entities
spend approximately 60 hours per year
to comply with the Rule’s requirements.
As a result, the FTC estimates that the
total burden hours attributable to FTC
requirements is 7,950,000 hours
(132,500 respondents × 60 hours).
Labor costs are derived by applying
estimated hourly cost figures to the
burden hours described above. The FTC
assumes that respondents will use
correspondence clerks, at a mean hourly
wage of $18.75,8 to modify and
distribute notices to consumers, for a
cumulative labor cost total of
$149,062,500.
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
Pursuant to Section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) Whether the disclosure requirements
are necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (3) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) ways to minimize the burden of
providing the required information to
consumers. All comments should be
filed as prescribed in the ADDRESSES
section above, and must be received on
or before APRIL 20, 2020.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before April 20, 2020. Write ‘‘RiskBased Pricing Rule, PRA Comment,
P145403’’ on your comment. 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 through the https://
www.regulations.gov website by
following the instructions on the webbased form provided. Your comment,
including your name and your state—
will be placed on the public record of
this proceeding, including the https://
www.regulations.gov website.
8 See Bureau of Labor Statistics, Occupational
Employment and Wages News Release, May 2018,
Table 1, ‘‘National employment and wage data from
the Occupational Employment Statistics survey by
occupation, May 2018,’’ at: https://www.bls.gov/
news.release/ocwage.htm.
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Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices
If you file your comment on paper,
write ‘‘Risk-Based Pricing 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.
Because your comment will be placed
on the public record, 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
website—as legally required by FTC
Rule 4.9(b)—we cannot redact or
remove your comment from the FTC
website, unless you submit a
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confidentiality request that meets the
requirements for such treatment under
FTC Rule 4.9(c), and the General
Counsel grants that request.
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 April 20, 2020. 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.
Heather Hippsley,
Deputy General Counsel.
[FR Doc. 2020–03371 Filed 2–19–20; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[30Day–20–19BPL]
Agency Forms Undergoing Paperwork
Reduction Act Review
In accordance with the Paperwork
Reduction Act of 1995, the Centers for
Disease Control and Prevention (CDC)
has submitted the information
collection request titled Aerosols from
cyanobacterial blooms: Exposures and
health effects in a highly exposed
population, to the Office of Management
and Budget (OMB) for review and
approval. CDC previously published a
‘‘Proposed Data Collection Submitted
for Public Comment and
Recommendations’’ notice on
September 19, 2019 to obtain comments
from the public and affected agencies.
CDC received 162 comments related to
the previous notice. This notice serves
to allow an additional 30 days for public
and affected agency comments.
CDC will accept all comments for this
proposed information collection project.
The Office of Management and Budget
is particularly interested in comments
that:
(a) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(b) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
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9777
(c) Enhance the quality, utility, and
clarity of the information to be
collected;
(d) Minimize the burden of the
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; and
(e) Assess information collection
costs.
To request additional information on
the proposed project or to obtain a copy
of the information collection plan and
instruments, call (404) 639–7570 or
send an email to omb@cdc.gov. Direct
written comments and/or suggestions
regarding the items contained in this
notice to the Attention: CDC Desk
Officer, Office of Management and
Budget, 725 17th Street NW,
Washington, DC 20503 or by fax to (202)
395–5806. Provide written comments
within 30 days of notice publication.
Proposed Project
Aerosols from cyanobacterial blooms:
Exposures and health effects in a highly
exposed population—New—National
Center for Environmental Health
(NCEH), Centers for Disease Control and
Prevention (CDC).
Background and Brief Description
Algal toxins from cyanobacterial
harmful algal blooms (CyanoHABs)
include some of the most potent natural
chemicals. People and animals are at
risk for exposure to toxins produced by
CyanoHABs in recreational waters,
drinking water sources, or in improperly
treated water used for medical purposes
such as renal dialysis. Additional
potential exposure sources include
contaminated dietary supplements or
fish harvested from lakes with ongoing
CyanoHABs.
Although outbreaks of human illness
associated with CyanoHABs were
sporadically recorded for decades,
information about clinical signs and
symptoms from cyanobacterial toxin
poisonings is primarily from animal
poisonings and laboratory studies. The
primary effects include acute
hepatotoxicity, acute neurotoxicity,
gastrointestinal symptoms, and
respiratory, dermatologic, and allergic
reactions.
A significant source of cyanobacterial
toxin exposure is recreational use of
contaminated fresh water bodies
because large populations are likely to
be exposed and toxins may occur in
high concentrations. In the United
States, the U.S. Environmental
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Agencies
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9775-9777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03371]
=======================================================================
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995
(``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comment on its proposal to extend for an additional
three years the Office of Management and Budget clearance for
information collection requirements in its ``Fair Credit Reporting
Risk-Based Pricing Regulations'' (``Risk-Based Pricing 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. The current clearance expires on July 31,
2020.
DATES: Comments must be filed by April 20, 2020.
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 ``Risk-Based Pricing
Rule, PRA Comment, P145403,'' on your comment and file your comment
online at https://www.regulations.gov, by following the instructions on
the web-
[[Page 9776]]
based form. If you prefer to file your comment on paper, mail your
comment to the following address: Federal Trade Commission, Office of
the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street, SW, 5th Floor, Suite 5610 (Annex J), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT: Monique Einhorn, Attorney, Division of
Privacy and Identity Protection, Bureau of Consumer Protection, (202)
326-2575, 600 Pennsylvania Ave., NW, Room CC-8232, Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
Title of Collection: Fair Credit Reporting Risk-Based Pricing
Regulations, 16 CFR 640.
OMB Control Number: 3084-0145.
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 7,950,000.
Estimated Annual Labor Costs: $149,062,500.
Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection
Act (``Dodd-Frank Act'') was enacted on July 21, 2010.\1\ The Dodd-
Frank Act transferred to the CFPB most of the FTC's rulemaking
authority for the risk-based pricing provisions of the Fair Credit
Reporting Act (``FCRA''),\2\ on July 21, 2011.\3\ After the enactment
of the Dodd-Frank Act, the FTC retains rulemaking authority for its
Risk-Based Pricing Rule (16 CFR 640) solely for motor vehicle dealers
described in section 1029(a) of the Dodd-Frank Act that are
predominantly engaged in the sale and servicing of motor vehicles, the
leasing and servicing of motor vehicles, or both.\4\ The FTC shares
enforcement authority with the CFPB for provisions of Regulation V
subpart C (12 CFR 1022.21) that apply to entities other than motor
vehicle dealers described above.
---------------------------------------------------------------------------
\1\ Pub. L. 111-203, 124 Stat. 1376 (2010).
\2\ 15 U.S.C. 1681 et seq.
\3\ Dodd-Frank Act, Sec. 1061. This date was the ``designated
transfer date'' established by the Treasury Department under the
Dodd-Frank Act. See Dep't of the Treasury, Bureau of Consumer
Financial Protection; Designated Transfer Date, 75 FR 57252, 57253
(Sept. 20, 2010); see also Dodd-Frank Act, Sec. 1062.
\4\ See Dodd-Frank Act Sec. Sec. 1029 (a), (c).
---------------------------------------------------------------------------
The Risk-Based Pricing Rule and the CFPB's Regulation V require
that a creditor provide a risk-based pricing notice to a consumer when
the creditor uses a consumer report to grant or extend credit to the
consumer on material terms that are materially less favorable than the
most favorable terms available to a substantial proportion of consumers
from or through that creditor.\5\ Additionally, these provisions
require disclosure of credit scores and information relating to credit
scores in risk-based pricing notices if a credit score of the consumer
is used in setting the material terms of credit.
---------------------------------------------------------------------------
\5\ 16 CFR 640.3-640.4; 12 CFR 1022.72-1022.73.
---------------------------------------------------------------------------
Under the PRA, 44 U.S.C. 3501-3521, the FTC is requesting that OMB
renew the clearance (OMB Control Number 3084-0145) for the PRA burden
associated with the Rule. The FTC is seeking clearance for its assumed
share of the estimated PRA burden regarding the disclosure requirements
under the FTC and CFPB Rules.
Burden Statement
The Commission estimates that approximately 168,000 entities are
covered by the FTC and CFPB Rules,\6\ including 97,000 motor vehicle
dealers that are subject to exclusive FTC jurisdiction.\7\ The FTC
assumes the full burden for the motor vehicle dealers subject to its
exclusive jurisdiction and shares burden for the remaining entities
subject to both CFPB and FTC enforcement authority. Accordingly, as an
analytical framework, the FTC estimates burden pertaining to
respondents over which both agencies have shared enforcement authority,
divides the resulting total by one-half to reflect the FTC's shared
burden, and adds to the resulting subtotal the estimated burden for
motor vehicle dealers over which the FTC retains exclusive rulemaking
and enforcement authority.
---------------------------------------------------------------------------
\6\ See https://www.naics.com/search.htm (categories of covered
entities include retail, motor vehicle dealers, consumer lenders,
and utilities. The estimate also includes state-chartered credit
unions, which are subject to the Commission's jurisdiction. See 15
U.S.C. 1681s. For the latter category, Commission staff relied on
estimates from the Credit Union National Association for the number
of non-federal credit unions. See https://www.ncua.gov/Legal/Documents/Reports/annual-report-2015.pdf.
\7\ This total is based on estimates that there are 54,753
franchise/new car and independent/used car dealers in the U.S., as
well as 3,876 recreational vehicle dealers, 11,034 boat dealers, and
27,336 ATV/Other Motor Vehicle Dealers. These figures are based on
estimates by the National Automobile Dealers Association and the
National Independent Automobile Dealers Association, see NADA Data
2018: Annual Report; NIADA.com, as well as data from the NAICS
Association, see https://www.naics.com/six-digit-naics/?code=4445.
---------------------------------------------------------------------------
This yields a total of 132,500 respondents for whom the FTC
accounts for burden (97,000 motor vehicle dealers plus one-half (i.e.,
35,500) of the remaining 71,000 entities subject to shared FTC-CFPB
jurisdiction). The FTC estimates that covered entities spend
approximately 60 hours per year to comply with the Rule's requirements.
As a result, the FTC estimates that the total burden hours attributable
to FTC requirements is 7,950,000 hours (132,500 respondents x 60
hours).
Labor costs are derived by applying estimated hourly cost figures
to the burden hours described above. The FTC assumes that respondents
will use correspondence clerks, at a mean hourly wage of $18.75,\8\ to
modify and distribute notices to consumers, for a cumulative labor cost
total of $149,062,500.
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\8\ See Bureau of Labor Statistics, Occupational Employment and
Wages News Release, May 2018, Table 1, ``National employment and
wage data from the Occupational Employment Statistics survey by
occupation, May 2018,'' at: https://www.bls.gov/news.release/ocwage.htm.
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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
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) Whether the disclosure requirements are necessary,
including whether the information will be practically useful; (2) the
accuracy of our burden estimates, including whether the methodology and
assumptions used are valid; (3) ways to enhance the quality, utility,
and clarity of the information to be collected; and (4) ways to
minimize the burden of providing the required information to consumers.
All comments should be filed as prescribed in the ADDRESSES section
above, and must be received on or before APRIL 20, 2020.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before April 20, 2020.
Write ``Risk-Based Pricing Rule, PRA Comment, P145403'' on your
comment. 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 through the https://www.regulations.gov website by following the instructions on the web-
based form provided. Your comment, including your name and your state--
will be placed on the public record of this proceeding, including the
https://www.regulations.gov website.
[[Page 9777]]
If you file your comment on paper, write ``Risk-Based Pricing 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.
Because your comment will be placed on the public record, 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 website--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC website,
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.
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 April 20,
2020. 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.
Heather Hippsley,
Deputy General Counsel.
[FR Doc. 2020-03371 Filed 2-19-20; 8:45 am]
BILLING CODE 6750-01-P