Agency Information Collection Activities; Proposed Collection; Comment Request, 23961-23964 [2020-09158]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Notices paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Subpart D of CROMERR requires that state, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPA-authorized programs must apply to EPA for a revision or modification of those programs and obtain EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, § 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the state, tribe or local government in place of procedures available under existing programspecific authorization regulations. An application submitted under the subpart D procedures must show that the state, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements. On April 15, 2019, the South Carolina Department of Health and Environmental Control (SCDHEC) submitted an application titled South Carolina e-Permitting for revisions/ modifications to its EPA-approved programs under title 40 CFR to allow new electronic reporting. EPA reviewed SCDHEC’s request to revise/modify its EPA-authorized programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revisions/modifications set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA’s decision to approve South Carolina’s request to revise/modify its following EPA-authorized programs to allow electronic reporting under 40 CFR parts 60, 61, 63, 64, 70, 122, 125, 233, 240, 241, 243, 246, 247, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 268, 270, 272, 273, 279, 280, and 403 is being published in the Federal Register: Part 63: National Emission Standards for Hazardous Air Pollutants for Source Categories (NESHAP MACT/ Clean Air Act Title Ill) Reporting under CFR 61, 63 & 65 Part 70: State Operating Permit Programs (Clean Air Act Title V) Part 123: EPAAdministered Permit Programs: The National Pollutant Discharge VerDate Sep<11>2014 18:56 Apr 29, 2020 Jkt 250001 Elimination System (NPDES) Part 233: ‘‘404’’ State Program Regulations (Ocean Dumping) Reporting under CFR 233 Part 239: Requirements for State Permit Program Determination of Adequacy (RCRA Subtitle C) Part 271: Requirements for Authorization of State Hazardous Waste Programs (RCRA Subtitle C) Part 281: Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) Part 403: General Pretreatment Regulations for Existing and New Sources of Pollution SCDHEC was notified of EPA’s determination to approve its application with respect to the authorized programs listed above. Dated: April 24, 2020. Yvonne Lee, Acting Director, Office of Information Management. [FR Doc. 2020–09131 Filed 4–29–20; 8:45 am] BILLING CODE 6560–50–P FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request Federal Trade Commission. Notice. AGENCY: ACTION: 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 the Privacy of Consumer Financial Information Rule (‘‘Privacy Rule’’ or ‘‘Rule’’). That clearance expires on November 30, 2020. Comments must be submitted by June 29, 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 ‘‘Privacy Rule: Paperwork Comment: FTC File No. P085405’’ on your comment and file your comment online at https://www.regulations.gov, by following the instructions on the webbased 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 DATES: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 23961 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: David Lincicum, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580, (202) 326– 2773. SUPPLEMENTARY INFORMATION: Title of Collection: Privacy of Consumer Financial Information (Gramm-Leach-Bliley Act Privacy Rule), 16 CFR part 313. OMB Control Number: 3084–0121. Type of Review: Extension without change of currently approved collection. Affected Public: Private Sector: Businesses and other for-profit entities. Estimated Annual Burden Hours: 1,345,950. Estimated Annual Labor Costs: $30,363,151. Abstract: The Privacy Rule is designed to ensure that customers and consumers, subject to certain exceptions, will have access to the privacy policies of the covered financial institutions with which they conduct business—namely, motor vehicle dealers that do not routinely extend credit to consumers directly without assigning the credit to unaffiliated third parties (hereafter, ‘‘motor vehicle dealers’’). As mandated by the Gramm-Leach-Bliley Act (‘‘GLBA’’), 15 U.S.C. 6801–6809, the Rule requires motor vehicle dealers to disclose to consumers: (1) Initial notice of the financial institution’s privacy policy when establishing a customer relationship with a consumer and/or before sharing a consumer’s nonpublic personal information with certain nonaffiliated third parties; (2) notice of the consumer’s right to opt out of information sharing with such parties; (3) annual notice of the institution’s privacy policy to any continuing customer; 1 and (4) notice of changes in 1 On December 4, 2015, Congress amended the GLBA as part of the Fixing America’s Surface Transportation Act (‘‘FAST Act’’). This amendment, titled Eliminate Privacy Notice Confusion (FAST Act, Public Law 114094, section 75001) added new GLBA section 503(f). This subsection provides an exception under which financial institutions that meet certain conditions are not required to provide annual privacy notices to customers. Section 503(f) requires that to qualify for this exception, a financial institution must not share nonpublic personal information about customers except as described in certain statutory exceptions, under which sharing does not trigger a customer’s E:\FR\FM\30APN1.SGM Continued 30APN1 23962 Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Notices the institution’s practices on information sharing. These requirements are subject to the PRA. The Rule does not require recordkeeping. For PRA burden calculations, the FTC shares the PRA burden with the CFPB for financial institutions over which both agencies have enforcement authority under the CFPB’s regulation corresponding to the Privacy Rule, titled Privacy of Consumer Financial Information (Regulation P), 12 CFR pt. 1016, and attributes to itself the burden for all motor vehicle dealers. See 12 U.S.C. 5519. Burden Estimates: FTC staff estimates that approximately 29,500 non-motor vehicle dealer financial institutions are subject to FTC jurisdiction under Regulation P, consisting of approximately 29,000 established entities and 500 new entrants annually during the renewal period. The complete burden estimates for new entrants and established entities are detailed in the charts below. 1. Established Financial Institutions For established entities, staff believes that the model privacy form and the Online Form Builder reduce the time associated with providing required Approx. number of respondents 2 Hours per respondent Activity Reviewing internal policies and developing GLB Act-implementing instructions 4. Disseminating initial notices to new customers. Disseminating annual disclosure to pre-existing customers. Approx. total annual hrs. initial and annual notices. Businesses who have not changed their privacy notice since the last notice sent and who do not share information with nonaffiliated third parties outside of certain statutory exceptions are not required to issue annual notices to their customers under GLBA section 503(f). FTC staff thus estimates that at least 80% of businesses covered by Regulation P will not be required to issue annual notices. Finally, staff estimates that no more than 1% of the estimated 29,000 established-entity respondents would make additional changes to privacy policies at any time other than the occasion of the annual notice. Hourly wage and labor category 3 FTC portion Approx. total labor costs 4 29,000 116,000 58,000 $38.55 Professional/Technical. $2,235,900 15 29,000 435,000 217,500 17.19 Clerical ...... 3,738,825 15 5 4,060 4,060 60,900 20,300 30,450 10,150 523,436 391,283 Updating privacy policies and related disclosures. 7 3 290 290 2,030 870 1,015 435 17.19 Clerical ...... 38.55 Professional/Technical. 17.19 Clerical ...... Totals: ......................................... ........................ ........................ 635,100 317,550 .............................. 6,914,370 17,448 7,478 2 The estimate of respondents which are required to disseminate annual notices is based on the following assumptions: (1) 29,000 established respondents, approximately 70% of whom maintain customer relationships exceeding one year; (2) no more than 20% (4,060) of whom have made changes to their policies and share nonpublic information outside of the statutory exceptions, and therefore are required to provide annual notices under GLB Act section 503(f); and (3) and no more than 1% (290) of whom make additional changes to privacy policies at any time other than the occasion of the annual notice; and (4) such changes will occur no more often than once per year. 3 Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates used were based on median wages for Financial Examiners and for Office and Administrative Support, corresponding to professional/technical time (e.g., compliance evaluation and planning, designing and producing notices, reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and, where applicable to the given event, typing or mailing) respectively. See BLS Occupational Employment and Wages, May 2018, Table 1 at https:// www.bls.gov/news.release/pdf/ocwage.pdf. 4 This includes all efforts performed by or for the respondent to: determine whether and to what extent the respondent is covered by an agency collection of information, understand the nature of the request, and determine the appropriate response (including the creation and dissemination of documents and/or electronic disclosures). 2. New Entrant Financial Institutions Regulation P must provide initial disclosure notices to their consumers, including taking the time to develop implementing policies and procedures New entrant financial institutions subject to FTC jurisdiction under jbell on DSKJLSW7X2PROD with NOTICES Reviewing internal policies and developing GLB Act-implementing instructions. Creating disclosure document or electronic disclosure (including initial, annual, and opt-out disclosures). Disseminating initial disclosure (including opt- out notices). statutory right to opt out of the sharing. In addition, section 503(f)(2) requires that the financial institution must not have changed its policies and VerDate Sep<11>2014 18:56 Apr 29, 2020 Approx. number of respondent Hours per respondent Activity Jkt 250001 Approx. total annual hrs. Hourly wage and labor category 5 FTC portion Approx. total labor costs 20 500 10,000 5,000 $38.55 Professional/Technical. $192,750 1 2 500 500 500 1,000 250 500 17.19 Clerical ...... 38.55 Professional/Technical. 4,298 19,275 15 10 500 500 7,500 5,000 3,750 2,500 17.19 Clerical ...... 38.55 Professional/Technical. 64,463 96,375 practices with regard to disclosing nonpublic personal information from those that the institution PO 00000 and create disclosure documents to effectuate the disclosure requirements. Staff’s estimates of annual burden for established entities is as follows: Frm 00021 Fmt 4703 Sfmt 4703 disclosed in the most recent privacy notice the customer received. E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Notices Hours per respondent Approx. number of respondent ........................ ........................ Activity Totals .......................................... 5 Staff Approx. total annual hrs. Hourly wage and labor category 5 FTC portion 240,000 12,000 .............................. 23963 Approx. total labor costs 377,161 calculated labor costs by applying appropriate hourly cost figures to burden hours, as described in footnote 3 above. 3. Established Motor Vehicle Dealers FTC has sole authority over motor vehicle dealers subject to the Rule. Staff estimates that approximately 44,000 auto dealers are subject to the Rule’s requirements, consisting of 42,000 established dealers and 2,000 new Approx. number of respondents 6 Hours per respondent Activity Reviewing internal policies and developing GLB Act-implementing instructions. Disseminating initial notices to new customers .... Disseminating annual disclosure .......................... entrants during the renewal period. FTC staff provides the following burden estimates for established motor vehicle dealers: Approx. total annual hrs. 4 42,000 168,000 15 15 5 42,000 5,880 5,880 630,000 88,200 29,400 Updating privacy policies and related disclosures 7 3 420 420 2,940 1,260 Totals: ............................................................ ........................ ........................ 920,400 Hourly wage and labor category 7 $38.55 Professional/ Technical. $17.19 Clerical ............. $17.19 Clerical ............. $38.55 Professional/ Technical. $17.19 Clerical ............. $38.55 Professional/ Technical. ....................................... Approx. total labor costs $6,476,000 10,829,700 1,516,158$ 1,133,370 50,539 48,573 20,054,340 6 For this estimate, Commission staff relies on industry estimates based on census data and information from the National Automobile Dealers Association and National Independent Automobile Dealers Association. 7 Staff calculated labor costs by applying appropriate hourly cost figures to the burden hours described above. See BLS Occupational Employment and Wages, May 2018, Table 1 at https://www.bls.gov/news.release/pdf/ocwage.pdf. 4. New Entrant Motor Vehicle Dealers FTC staff provides the following burden estimates for established new entrant motor vehicle dealers: jbell on DSKJLSW7X2PROD with NOTICES Approx. number of respondents Hours per respondent Activity Approx. total annual hrs. Reviewing internal policies and developing GLB Act-implementing instructions. Creating disclosure document or electronic disclosure (including initial, annual, and opt-out disclosures). Disseminating initial disclosure (including opt-out notices). 20 2,000 40,000 1 2 2,000 2,000 2,000 4,000 15 10 2,000 2,000 30,000 20,000 Totals: ............................................................ ........................ ........................ 96,000 Estimated non-labor costs: Staff believes that capital or other non-labor costs associated with these information collection requirements are minimal. Staff anticipates that covered entities are already equipped to provide written notices (e.g., computers with word processing programs, copying machines, mailing capabilities). In addition, staff anticipates that entities that offer consumers the choice to receive notices via electronic format will already have an online presence to support this option. As such, these entities will already be equipped with the computer equipment and software VerDate Sep<11>2014 18:56 Apr 29, 2020 Jkt 250001 necessary to disseminate the required disclosures via electronic means. Under the PRA, 44 U.S.C. 3501–3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. ‘‘Collection of information’’ means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing clearance for the PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Hourly wage and labor category Approx. total labor costs $38.55 Professional/ Technical. $17.19 Clerical ............. $38.55 Professional/ Technical. $17.19 Clerical ............. $38.55 Professional/ Technical. $1,542,000 ....................................... 3,017,280 34,380 154,200 515,700 771,000 information collection requirements contained in the Privacy Rule, 16 CFR part 313 (OMB Control No. 3084–0121). Request for Comment Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) 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; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, E:\FR\FM\30APN1.SGM 30APN1 jbell on DSKJLSW7X2PROD with NOTICES 23964 Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Notices and clarity of the information to be collected; and (4) ways to 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. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before June 29, 2020. Write ‘‘Privacy Rule: Paperwork Comment: FTC File No. P085405’’ 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. If you file your comment on paper, write ‘‘Privacy Rule: Paperwork Comment: FTC File No. P085405’’ 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 VerDate Sep<11>2014 18:56 Apr 29, 2020 Jkt 250001 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 https:// www.regulations.gov website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment, 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 June 29, 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. Josephine Liu, Assistant General Counsel for Legal Counsel. [FR Doc. 2020–09158 Filed 4–29–20; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [Docket No. CDC–2020–0042] Healthcare Infection Control Practices Advisory Committee (HICPAC); Notice of Meeting and Request for Comment Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice of meeting. AGENCY: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 SUMMARY: In accordance with the Federal Advisory Committee Act, the CDC announces the following meeting for the Healthcare Infection Control Practices Advisory Committee (HICPAC). This meeting is open to the public, limited only by audio phone lines available. The public is welcome to listen to the meeting by teleconference at 1–800–369–1817, and the passcode is 5200122; 200 teleconference lines are available. Registration is required. Interested parties may register at https:// www.cdc.gov/hicpac. DATES: The meeting will be held on June 4, 2020, 9:00 a.m. to 3:00 p.m., EDT. Written comments must be received on or before May 21, 2020. ADDRESSES: You may submit comments, identified by Docket No. CDC–2020– 0042 by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. • Mail: Koo-Whang Chung, M.P.H., Centers for Disease Control and Prevention, l600 Clifton Road, NE, MS H16–3, Atlanta, Georgia 30329–4027, Attn: HICPAC meeting. Instructions: All submissions received must include the Agency name and Docket Number. All relevant comments received in conformance with the https://www.regulations.gov suitability policy will be posted without change to https://www.regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to https://www.regulations.gov. Written comments received in advance of the meeting will be included in the official record of the meeting. Meeting information: The teleconference access is 1–800–369– 1817, and the passcode is 5200122. FOR FURTHER INFORMATION CONTACT: KooWhang Chung, M.P.H., HICPAC, Division of Healthcare Quality Promotion, NCEZID, CDC, l600 Clifton Road NE, MS H16–3, Atlanta, Georgia 30329–4027; Telephone: 404–639–4000; Email: hicpac@cdc.gov. SUPPLEMENTARY INFORMATION: Purpose: The Committee is charged with providing advice and guidance to the Director, Division of Healthcare Quality Promotion (DHQP), the Director, National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), the Director, CDC, the Secretary, Health and Human Services regarding (1) the practice of healthcare infection prevention and control; (2) strategies for surveillance, prevention, and control of infections, antimicrobial resistance, and related events in settings where E:\FR\FM\30APN1.SGM 30APN1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Notices]
[Pages 23961-23964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09158]

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FEDERAL TRADE COMMISSION

Agency Information Collection Activities; Proposed Collection;
Comment Request

AGENCY: Federal Trade Commission.

ACTION: Notice.

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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 the Privacy of Consumer
Financial Information Rule (``Privacy Rule'' or ``Rule''). That
clearance expires on November 30, 2020.

DATES: Comments must be submitted by June 29, 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 ``Privacy Rule:
Paperwork Comment: FTC File No. P085405'' on your comment and file your
comment online at https://www.regulations.gov, by following the
instructions on the web-based form. If you prefer to file your comment
on paper, mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street, SW, 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: David Lincicum, Attorney, Division of
Privacy and Identity Protection, Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580, (202)
326-2773.

SUPPLEMENTARY INFORMATION:
Title of Collection: Privacy of Consumer Financial Information
(Gramm-Leach-Bliley Act Privacy Rule), 16 CFR part 313.
OMB Control Number: 3084-0121.
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 1,345,950.
Estimated Annual Labor Costs: $30,363,151.
Abstract:
The Privacy Rule is designed to ensure that customers and
consumers, subject to certain exceptions, will have access to the
privacy policies of the covered financial institutions with which they
conduct business--namely, motor vehicle dealers that do not routinely
extend credit to consumers directly without assigning the credit to
unaffiliated third parties (hereafter, ``motor vehicle dealers''). As
mandated by the Gramm-Leach-Bliley Act (``GLBA''), 15 U.S.C. 6801-6809,
the Rule requires motor vehicle dealers to disclose to consumers: (1)
Initial notice of the financial institution's privacy policy when
establishing a customer relationship with a consumer and/or before
sharing a consumer's nonpublic personal information with certain
nonaffiliated third parties; (2) notice of the consumer's right to opt
out of information sharing with such parties; (3) annual notice of the
institution's privacy policy to any continuing customer; \1\ and (4)
notice of changes in

[[Page 23962]]

the institution's practices on information sharing. These requirements
are subject to the PRA. The Rule does not require recordkeeping. For
PRA burden calculations, the FTC shares the PRA burden with the CFPB
for financial institutions over which both agencies have enforcement
authority under the CFPB's regulation corresponding to the Privacy
Rule, titled Privacy of Consumer Financial Information (Regulation P),
12 CFR pt. 1016, and attributes to itself the burden for all motor
vehicle dealers. See 12 U.S.C. 5519.
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\1\ On December 4, 2015, Congress amended the GLBA as part of
the Fixing America's Surface Transportation Act (``FAST Act''). This
amendment, titled Eliminate Privacy Notice Confusion (FAST Act,
Public Law 114094, section 75001) added new GLBA section 503(f).
This subsection provides an exception under which financial
institutions that meet certain conditions are not required to
provide annual privacy notices to customers. Section 503(f) requires
that to qualify for this exception, a financial institution must not
share nonpublic personal information about customers except as
described in certain statutory exceptions, under which sharing does
not trigger a customer's statutory right to opt out of the sharing.
In addition, section 503(f)(2) requires that the financial
institution must not have changed its policies and practices with
regard to disclosing nonpublic personal information from those that
the institution disclosed in the most recent privacy notice the
customer received.
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Burden Estimates:
FTC staff estimates that approximately 29,500 non-motor vehicle
dealer financial institutions are subject to FTC jurisdiction under
Regulation P, consisting of approximately 29,000 established entities
and 500 new entrants annually during the renewal period. The complete
burden estimates for new entrants and established entities are detailed
in the charts below.

1. Established Financial Institutions

For established entities, staff believes that the model privacy
form and the Online Form Builder reduce the time associated with
providing required initial and annual notices. Businesses who have not
changed their privacy notice since the last notice sent and who do not
share information with non-affiliated third parties outside of certain
statutory exceptions are not required to issue annual notices to their
customers under GLBA section 503(f). FTC staff thus estimates that at
least 80% of businesses covered by Regulation P will not be required to
issue annual notices. Finally, staff estimates that no more than 1% of
the estimated 29,000 established-entity respondents would make
additional changes to privacy policies at any time other than the
occasion of the annual notice.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Approx.
Hours per number of Approx. total Hourly wage and labor Approx. total
Activity respondent respondents annual hrs. FTC portion category \3\ labor costs
\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reviewing internal policies and developing 4 29,000 116,000 58,000 $38.55 Professional/ $2,235,900
GLB Act-implementing instructions \4\. Technical.
Disseminating initial notices to new 15 29,000 435,000 217,500 17.19 Clerical.............. 3,738,825
customers.
Disseminating annual disclosure to pre- 15 4,060 60,900 30,450 17.19 Clerical.............. 523,436
existing customers. 5 4,060 20,300 10,150 38.55 Professional/Technical 391,283
Updating privacy policies and related 7 290 2,030 1,015 17.19 Clerical.............. 17,448
disclosures. 3 290 870 435 7,478
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Totals:............................... .............. .............. 635,100 317,550 ............................ 6,914,370
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\2\ The estimate of respondents which are required to disseminate annual notices is based on the following assumptions: (1) 29,000 established
respondents, approximately 70% of whom maintain customer relationships exceeding one year; (2) no more than 20% (4,060) of whom have made changes to
their policies and share nonpublic information outside of the statutory exceptions, and therefore are required to provide annual notices under GLB Act
section 503(f); and (3) and no more than 1% (290) of whom make additional changes to privacy policies at any time other than the occasion of the
annual notice; and (4) such changes will occur no more often than once per year.
\3\ Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates used were based on median wages for
Financial Examiners and for Office and Administrative Support, corresponding to professional/technical time (e.g., compliance evaluation and planning,
designing and producing notices, reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and, where
applicable to the given event, typing or mailing) respectively. See BLS Occupational Employment and Wages, May 2018, Table 1 at https://www.bls.gov/news.release/pdf/ocwage.pdf.
\4\ This includes all efforts performed by or for the respondent to: determine whether and to what extent the respondent is covered by an agency
collection of information, understand the nature of the request, and determine the appropriate response (including the creation and dissemination of
documents and/or electronic disclosures).

2. New Entrant Financial Institutions

New entrant financial institutions subject to FTC jurisdiction
under Regulation P must provide initial disclosure notices to their
consumers, including taking the time to develop implementing policies
and procedures and create disclosure documents to effectuate the
disclosure requirements. Staff's estimates of annual burden for
established entities is as follows:

[[Page 23963]]

Totals................................ .............. .............. 240,000 12,000 ............................ 377,161
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\5\ Staff calculated labor costs by applying appropriate hourly cost figures to burden hours, as described in footnote 3 above.

3. Established Motor Vehicle Dealers

FTC has sole authority over motor vehicle dealers subject to the
Rule. Staff estimates that approximately 44,000 auto dealers are
subject to the Rule's requirements, consisting of 42,000 established
dealers and 2,000 new entrants during the renewal period. FTC staff
provides the following burden estimates for established motor vehicle
dealers:

----------------------------------------------------------------------------------------------------------------
Approx. number Hourly wage and
Activity Hours per of respondents Approx. total labor category Approx. total
respondent \6\ annual hrs. \7\ labor costs
----------------------------------------------------------------------------------------------------------------
Reviewing internal policies 4 42,000 168,000 $38.55 $6,476,000
and developing GLB Act- Professional/
implementing instructions. Technical.
Disseminating initial notices 15 42,000 630,000 $17.19 Clerical. 10,829,700
to new customers.
Disseminating annual 15 5,880 88,200 $17.19 Clerical. 1,516,158$
disclosure. 5 5,880 29,400 $38.55 1,133,370
Professional/
Technical.
Updating privacy policies and 7 420 2,940 $17.19 Clerical. 50,539
related disclosures. 3 420 1,260 $38.55 48,573
Professional/
Technical.
---------------------------------------------------------------------------------
Totals:................... .............. .............. 920,400 ................ 20,054,340
----------------------------------------------------------------------------------------------------------------
\6\ For this estimate, Commission staff relies on industry estimates based on census data and information from
the National Automobile Dealers Association and National Independent Automobile Dealers Association.
\7\ Staff calculated labor costs by applying appropriate hourly cost figures to the burden hours described
above. See BLS Occupational Employment and Wages, May 2018, Table 1 at https://www.bls.gov/news.release/pdf/ocwage.pdf.

4. New Entrant Motor Vehicle Dealers

FTC staff provides the following burden estimates for established
new entrant motor vehicle dealers:

----------------------------------------------------------------------------------------------------------------
Hours per Approx. number Approx. total Hourly wage and Approx. total
Activity respondent of respondents annual hrs. labor category labor costs
----------------------------------------------------------------------------------------------------------------
Reviewing internal policies 20 2,000 40,000 $38.55 $1,542,000
and developing GLB Act- Professional/
implementing instructions. Technical.
Creating disclosure document 1 2,000 2,000 $17.19 Clerical. 34,380
or electronic disclosure 2 2,000 4,000 $38.55 154,200
(including initial, annual, Professional/
and opt-out disclosures). Technical.
Disseminating initial 15 2,000 30,000 $17.19 Clerical. 515,700
disclosure (including opt-out 10 2,000 20,000 $38.55 771,000
notices). Professional/
Technical.
---------------------------------------------------------------------------------
Totals:................... .............. .............. 96,000 ................ 3,017,280
----------------------------------------------------------------------------------------------------------------

Estimated non-labor costs:
Staff believes that capital or other non-labor costs associated
with these information collection requirements are minimal. Staff
anticipates that covered entities are already equipped to provide
written notices (e.g., computers with word processing programs, copying
machines, mailing capabilities). In addition, staff anticipates that
entities that offer consumers the choice to receive notices via
electronic format will already have an online presence to support this
option. As such, these entities will already be equipped with the
computer equipment and software necessary to disseminate the required
disclosures via electronic means.
Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain
approval from OMB for each collection of information they conduct or
sponsor. ``Collection of information'' means agency requests or
requirements that members of the public submit reports, keep records,
or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR
1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is
providing this opportunity for public comment before requesting that
OMB extend the existing clearance for the information collection
requirements contained in the Privacy Rule, 16 CFR part 313 (OMB
Control No. 3084-0121).

Request for Comment

Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) 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; (2) the
accuracy of the agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility,

[[Page 23964]]

and clarity of the information to be collected; and (4) ways to
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.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before June 29, 2020.
Write ``Privacy Rule: Paperwork Comment: FTC File No. P085405'' 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.
If you file your comment on paper, write ``Privacy Rule: Paperwork
Comment: FTC File No. P085405'' 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 https://www.regulations.gov website--as legally
required by FTC Rule 4.9(b)--we cannot redact or remove your comment,
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 June 29, 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.

Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2020-09158 Filed 4-29-20; 8:45 am]
BILLING CODE 6750-01-P

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