Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 26725-26733 [2021-10285]
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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, as required by the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3520), the FCC invited
the general public and other Federal
Agencies to take this opportunity to
comment on the following information
collection. Comments are requested
concerning: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the FCC seeks specific comment on how
it might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
OMB Control Number: 3060–1257.
Title: New Procedure for Non-Federal
Public Safety Entities to License Federal
Government Interoperability Channels.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Not-for-profit
institutions; State, local, or tribal
government.
Number of Respondents and
Responses: 45,947 respondents; 45,947
responses.
Estimated Time per Response: 0.25
hours.
Frequency of Response: One-time
reporting requirement.
Obligation to Respond: Section 90.25
adopted in Order DA 18–282, requires
any non-federal public safety entity
seeking to license mobile and portable
units on the Federal Interoperability
Channels to obtain written concurrence
from its Statewide Interoperability
Coordinator (SWIC) or a state appointed
official and include such written
concurrence with its application for
license. A non-federal public safety
entity may communicate on designated
Federal Interoperability Channels for
joint federal/non-federal operations,
provided it first obtains a license from
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18:56 May 14, 2021
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the Commission authorizing use of the
channels. Statutory authority for these
collections are contained in 47 U.S.C.
151, 154, 301, 303, and 332 of the
Communications Act of 1934.
Total Annual Burden: 11,487 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
Applicants who include written
concurrence from their SWIC or state
appointed official with their application
to license mobile and portable units on
the Federal Interoperability Channels
need not include any confidential
information with their application.
Nonetheless, there is a need for
confidentiality with respect to all
applications filed with the Commission
through its Universal Licensing System
(ULS). Although ULS stores all
information pertaining to the individual
license via an FCC Registration Number
(FRN), confidential information is
accessible only by persons or entities
that hold the password for each account,
and the Commission’s licensing staff.
Information on private land mobile
radio licensees is maintained in the
Commission’s system of records, FCC/
WTB–1, ‘‘Wireless Services Licensing
Records.’’ The licensee records will be
publicly available and routinely used in
accordance with subsection (b) of the
Privacy Act. TIN Numbers and material
which is afforded confidential treatment
pursuant to a request made under 47
CFR 0.459 will not be available for
Public inspection. Any personally
identifiable information (PII) that
individual applicants provide is covered
by a system of records, FCC/WTB–1,
‘‘Wireless Services Licensing Records,’’
and these and all other records may be
disclosed pursuant to the Routine Uses
as stated in this system of records
notice.
Needs and Uses: This collection will
be submitted as an extension of a
currently approved collection after this
60-day comment period to the Office of
Management and Budget (OMB) in order
to obtain the full three-year clearance.
The purpose of requiring a non-federal
public safety entity to obtain written
consent from its SWIC or state
appointed official before
communicating with federal
government agencies on the Federal
Interoperability Channels is to ensure
that the non-federal public safety entity
operates in accordance with the rules
and procedures governing use of the
federal interoperability channels and
does not cause inadvertent interference
during emergencies. Commission staff
will use the written concurrence from
the SWIC or state appointed official to
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26725
determine if an applicant’s proposed
operation on the Federal
Interoperability Channels conforms to
the terms of an agreement signed by the
SWIC or state appointed official with a
federal user with a valid assignment
from the National Telecommunications
and Information Administration (NTIA)
which has jurisdiction over the
channels.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–10309 Filed 5–14–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
Sunshine Act Meeting
May 19, 2021; 10 a.m.
This meeting will be held by
video-conference only.
STATUS: This meeting will be open to the
public.
MATTERS TO BE CONSIDERED:
1. National Shipper Advisory
Committee and Federal Advisory
Committee Act Implementation.
2. Staff Briefing on Options to Update
and Publish Commission Organizational
Information and Delegations of
Authority.
CONTACT PERSON FOR MORE INFORMATION:
Rachel Dickon, Secretary, (202) 523–
5725.
TIME AND DATE:
PLACE:
Rachel Dickon,
Secretary.
[FR Doc. 2021–10451 Filed 5–13–21; 4:15 pm]
BILLING CODE 6730–02–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
clearances for information collection
requirements in Regulations B, E, M,
and Z, which are enforced by the
Commission. These clearances expire on
September 30, 2021.
DATES: Comments must be filed by July
16, 2021.
SUMMARY:
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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
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 ‘‘Regs BEMZ, PRA
Comments, P084812’’ 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:
Carole Reynolds or Stephanie
Rosenthal, Attorneys, Division of
Financial Practices, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Ave. NW,
Washington, DC 20580, (202) 326–3224.
SUPPLEMENTARY INFORMATION: The four
regulations covered by this notice are:
(1) Regulations promulgated under
the Equal Credit Opportunity Act, 15
U.S.C. 1691 et seq. (‘‘ECOA’’)
(‘‘Regulation B’’) (OMB Control Number:
3084–0087);
(2) Regulations promulgated under
the Electronic Fund Transfer Act, 15
U.S.C. 1693 et seq. (‘‘EFTA’’)
(‘‘Regulation E’’) (OMB Control Number:
3084–0085);
(3) Regulations promulgated under
the Consumer Leasing Act, 15 U.S.C.
1667 et seq. (‘‘CLA’’) (‘‘Regulation M’’)
(OMB Control Number: 3084–0086); and
(4) Regulations promulgated under
the Truth-In-Lending Act, 15 U.S.C.
1601 et seq. (‘‘TILA’’) (‘‘Regulation Z’’)
(OMB Control Number: 3084–0088).
Type of Review: Extension without
change of currently approved collection.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Discussion: Under the Dodd-Frank
Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’),
Public Law 111–203, 124 Stat. 1376
(2010), almost all rulemaking authority
for the ECOA, EFTA, CLA, and TILA
transferred from the Board of Governors
of the Federal Reserve System (Board) to
the Consumer Financial Protection
Bureau (CFPB) on July 21, 2011
(‘‘transfer date’’). To implement this
transferred authority, the CFPB
published new regulations in 12 CFR
part 1002 (Regulation B), 12 CFR part
1005 (Regulation E), 12 CFR part 1013
ADDRESSES:
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(Regulation M), and 12 CFR part 1026
(Regulation Z) for those entities under
its rulemaking jurisdiction.1 Although
the Dodd-Frank Act transferred most
rulemaking authority under ECOA,
EFTA, CLA, and TILA to the CFPB, the
Board retained rulemaking authority for
certain motor vehicle dealers 2 under all
of these statutes and also for certain
interchange-related requirements under
EFTA.3
As a result of the Dodd-Frank Act, the
FTC and the CFPB generally share the
authority to enforce Regulations B, E, M,
and Z for entities for which the FTC had
enforcement authority before the Act,
except for certain motor vehicle
dealers.4 Because of this shared
enforcement jurisdiction, the two
agencies have divided the FTC’s
previously-cleared PRA burden
estimates between them,5 except that
the FTC has assumed all of the burden
estimates associated with motor vehicle
1 12 CFR pt. 1002 (Reg. B) (81 FR 25323, Apr. 28,
2016); 12 CFR pt. 1005 (Reg. E) (81 FR 25323, Apr.
28, 2016) 12 CFR pt. 1013 (Reg. M) (81 FR 25323,
Apr. 28, 2016); 12 CFR pt. 1026 (Reg. Z) (81 FR
25323, Apr. 28, 2016).
2 Generally, these are dealers ‘‘predominantly
engaged in the sale and servicing of motor vehicles,
the leasing and servicing of motor vehicles, or
both.’’ See Dodd-Frank Act, § 1029, 12 U.S.C.
5519(a), (c).
3 See Dodd-Frank Act, § 1075, 15 U.S.C. 1693
(these requirements are implemented through Board
Regulation II, 12 CFR pt. 235, rather than EFTA’s
implementing Regulation E).
4 The FTC’s enforcement authority includes statechartered credit unions; other federal agencies also
have various enforcement authority over credit
unions. For example, for large credit unions
(exceeding $10 billion in assets), the CFPB has
certain authority. The National Credit Union
Administration also has certain authority for statechartered federally insured credit unions, and it
additionally provides insurance for certain statechartered credit unions through the National Credit
Union Share Insurance Fund and examines credit
unions for various purposes. There are
approximately three state-chartered credit unions
exceeding $10 billion in assets, and the CFPB
assumes PRA burden for those entities. As of the
fourth quarter of 2020, there were approximately
2,126 state-chartered credit unions—1,914 which
were federally insured, an estimated 112 or more
which were privately insured, and an estimated 100
or more in Puerto Rico which were insured by a
quasi-governmental entity. Because of the difficulty
in parsing out PRA burden for such entities in view
of the overlapping authority, the FTC’s figures
include PRA burden for all state-chartered credit
unions. However, in view of fluctuations due to
COVID–19 and to avoid undercounting, we have
retained the prior estimate of 2,300 state-chartered
credit unions. As noted above, the CFPB’s figures
as to state-chartered credit unions include burden
for those entities exceeding $10 billion in assets.
See generally Dodd-Frank Act, §§ 1061, 1025, 1026.
This attribution does not change actual enforcement
authority. We also have retained the prior burden
hours generally in the estimates below, in view of
these considerations.
5 The CFPB also factors into its burden estimates
respondents over which it has jurisdiction but the
FTC does not.
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dealers 6 and state-chartered credit
unions. The division of PRA burden
hours not attributable to motor vehicle
dealers and state-chartered credit
unions is reflected in the CFPB’s PRA
clearance requests to OMB, as well as in
the FTC’s burden estimates below.
Pursuant to the Dodd-Frank Act, the
FTC generally has sole authority to
enforce Regulations B, E, M, and Z
regarding certain motor vehicle dealers
predominantly engaged in the sale and
servicing of motor vehicles, the leasing
and servicing of motor vehicles, or both,
that, among other things, assign their
contracts to unaffiliated third parties.7
Because the FTC has exclusive
jurisdiction to enforce these rules for
such motor vehicle dealers and retains
its concurrent authority with the CFPB
for other types of motor vehicle dealers,
and in view of the different types of
motor vehicle dealers, the FTC retains
the entire PRA burden for motor vehicle
dealers in the burden estimates below.
The regulations impose certain
recordkeeping and disclosure
requirements associated with providing
credit or with other financial
transactions. Under the PRA, 44 U.S.C.
3501–3521, Federal agencies must get
OMB approval for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ includes
agency requests or requirements to
submit reports, keep records, or provide
information to a third party. See 44
U.S.C. 3502(3); 5 CFR 1320.3(c).
All four of these regulations require
covered entities to keep certain records,
but FTC staff believes these records are
kept in the normal course of business
even absent the particular
recordkeeping requirements.8 Covered
entities, however, may incur some
burden associated with ensuring that
they do not prematurely dispose of
relevant records (i.e., during the time
6 See Dodd-Frank Act § 1029, 12 U.S.C. 5519(a),
as limited by subsection (b) as to motor vehicle
dealers. Subsection (b) does not preclude CFPB
regulatory oversight regarding, among others,
businesses that extend retail credit or retail leases
for motor vehicles in which the credit or lease
offered is provided directly from those businesses,
rather than unaffiliated third parties, to consumers.
It is not practicable, however, for PRA purposes, to
estimate the portion of dealers that engage in one
form of financing versus another (and that would
or would not be subject to CFPB oversight). Thus,
FTC staff’s PRA burden analysis reflects a general
estimated volume of motor vehicle dealers. This
attribution does not change actual enforcement
authority.
7 See Dodd-Frank Act § 1029, 12 U.S.C. 5519(a),
(c).
8 PRA ‘‘burden’’ does not include ‘‘time, effort,
and financial resources’’ expended in the normal
course of business, regardless of any regulatory
requirement. See 5 CFR 1320.3(b)(2).
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span they must retain records under the
applicable regulation).
The regulations also require covered
entities to make disclosures to third
parties. Related compliance involves
set-up/monitoring and transactionspecific costs. ‘‘Set-up’’ burden,
incurred only by covered new entrants,
includes identifying the applicable
required disclosures, determining how
best to comply, and designing and
developing compliance systems and
procedures. ‘‘Monitoring’’ burden,
incurred by all covered entities,
includes their time and costs to review
changes to regulatory requirements,
make necessary revisions to compliance
systems and procedures, and to monitor
the ongoing operation of systems and
procedures to ensure continued
compliance. ‘‘Transaction-related’’
burden refers to the time and cost
associated with providing the various
required disclosures in individual
transactions, thus, generally, of much
lesser magnitude than ‘‘setup’’ and
‘‘monitoring’’ burden. The FTC’s
estimates of transaction time and
volume are intended as averages. The
population of affected motor vehicle
dealers is one component of a much
larger universe of such entities.
The required disclosures do not
impose PRA burden on some covered
entities because they make those
disclosures in the normal course of
business. For other covered entities that
do not, their compliance burden will
vary depending on the extent to which
they have developed effective computerbased or electronic systems and
procedures to communicate and
document required disclosures.9
The respondents included in the
following burden calculations consist
of, among others, credit and lease
advertisers, creditors, owners (such as
purchasers and assignees) of credit
obligations, financial institutions,
service providers, certain government
agencies and others involved in
delivering electronic fund transfers
(‘‘EFTs’’) of government benefits, and
lessors.10 The burden estimates
9 For example, large companies may use
computer-based and/or electronic means to provide
required disclosures, including issuing some
disclosures en masse, e.g., notice of changes in
terms. Smaller companies may have less automated
compliance systems but may nonetheless rely on
electronic mechanisms for disclosures and
recordkeeping. Regardless of size, some entities
may utilize compliance systems that are fully
integrated into their general business operational
system; if so, they may have minimal additional
burden. Other entities may have incorporated fewer
of these approaches into their systems and thus may
have a higher burden.
10 The Commission generally does not have
jurisdiction over banks, thrifts, and federal credit
unions under the applicable regulations.
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represent FTC staff’s best assessment,
based on its knowledge and expertise
relating to the financial services
industry, of the average time to
complete the aforementioned tasks
associated with recordkeeping and
disclosure. Staff considered the wide
variations in covered entities’ (1) size
and location; (2) credit or lease products
offered, extended, or advertised, and
their particular terms; (3) EFT types
used; (4) types and frequency of adverse
actions taken; (5) types of appraisal
reports utilized; and (6) computer
systems and electronic features of
compliance operations.
The cost estimates that follow relate
solely to labor costs, and they include
the time necessary to train employees
how to comply with the regulations.
Staff calculated labor costs by
multiplying appropriate hourly wages
by the burden hours described above.
The hourly wages used were $60 for
managerial oversight, $44 for skilled
technical services, and $18 for clerical
work. These figures are averages drawn
from Bureau of Labor Statistics data.11
Further, these cost estimates assume the
following labor category
apportionments, except where
otherwise indicated below:
Recordkeeping—10% skilled technical,
90% clerical; disclosure—10%
managerial, 90% skilled technical.
The applicable PRA requirements
impose minimal capital or other nonlabor costs. Affected entities generally
already have the necessary equipment
for other business purposes. Similarly,
FTC staff estimates that compliance
with these rules entails minimal
printing and copying costs beyond that
associated with documenting financial
transactions in the normal course of
business.
The following discussion and tables
present estimates under the PRA of
recordkeeping and disclosure average
time and labor costs, excluding that
which FTC staff believes entities incur
customarily in the normal course of
business and information compiled and
produced in response to FTC law
enforcement investigations or
prosecutions.12
11 These inputs are based broadly on mean hourly
data found within the ‘‘Bureau of Labor Statistics,
Economic News Release,’’ March 31, 2021, Table 1,
‘‘National employment and wage data from the
Occupational Employment and Wage Statistics
survey by occupation, May 2020.’’ https://
www.bls.gov/news.release/ocwage.t01.htm.
12 See 5 CFR 1320.4(a) (excluding information
collected in response to, among other things, a
federal civil action or ‘‘during the conduct of an
administrative action, investigation, or audit
involving an agency against specific individuals or
entities’’).
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26727
1. Regulation B
The ECOA prohibits discrimination in
the extension of credit. Regulation B
implements the ECOA, establishing
disclosure requirements to assist
customers in understanding their rights
under the ECOA and recordkeeping
requirements to assist agencies in
enforcement. Regulation B applies to
retailers, mortgage lenders, mortgage
brokers, finance companies, and others.
FTC staff estimates that Regulation B’s
general recordkeeping requirements
affect 530,762 credit firms subject to the
Commission’s jurisdiction, at an average
annual burden of 1.25 hours per firm for
a total of 663,453 hours. Staff also
estimates that the requirement that
mortgage creditors monitor information
about race/national origin, sex, age, and
marital status imposes a maximum
burden of one minute each (of skilled
technical time) for approximately 2.6
million credit applications (based on
industry data regarding the approximate
number of mortgage purchase and
refinance originations), for a total of
43,333 hours.13 Staff also estimates that
recordkeeping of self-testing subject to
the regulation would affect 1,500 firms,
with an average annual burden of one
hour (of skilled technical time) per firm,
for a total of 1,500 hours, and that
recordkeeping of any corrective action
as a result of self-testing would affect
10% of them, i.e., 150 firms, with an
average annual burden of four hours (of
skilled technical time) per firm, for a
total of 600 hours.14 This yields a total
annual recordkeeping burden of 708,886
hours.
Regulation B requires that creditors
(i.e., entities that regularly participate in
the decision whether to extend credit
under Regulation B) provide notices
whenever they take adverse action, such
as denial of a credit application. It
requires entities that extend mortgage
credit with first liens to provide a copy
of the appraisal report or other written
valuation to applicants.15 Finally,
Regulation B also requires that for
accounts that spouses may use or for
13 Regulation B contains model forms that
creditors may use to gather and retain the required
information.
14 In contrast to banks, for example, entities under
FTC jurisdiction are not subject to audits by the
FTC for compliance with Regulation B; rather they
may be subject to FTC investigations and
enforcement actions. This may impact the level of
self-testing (as specifically defined by Regulation B)
in a given year, and staff has sought to address such
factors in its burden estimates.
15 While the rule also requires the creditor to
provide a short written disclosure regarding the
appraisal process, the disclosure is provided by the
CFPB, and is thus not a ‘‘collection of information’’
for PRA purposes. Accordingly, it is not included
in burden estimates below.
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which they are contractually liable,
creditors who report credit history must
do so in a manner reflecting both
spouses’ participation. Further, it
requires creditors that collect applicant
characteristics for purposes of
conducting a self-test to disclose to
those applicants that: (1) Providing the
information is optional; (2) the creditor
will not take the information into
account in any aspect of the credit
transactions; and (3) if applicable, the
information will be noted by visual
observation or surname if the applicant
chooses not to provide it.16 Burden
estimates relating to the disclosures
required under Regulation B and labor
cost estimates are provided in the tables
below.
Burden Totals
Recordkeeping: 708,886 hours;
$15,666,176, associated labor costs.
Disclosures: 1,088,912 hours;
$49,654,400, associated labor costs.
REGULATION B—DISCLOSURES—BURDEN HOURS
Setup/monitoring 1
Transaction-related
Average
burden per
respondent
(hours)
Disclosures
Respondents
Total setup/
monitoring
burden
(hours)
Average
burden per
transaction
(minutes)
Number of
transactions
Total
transaction
burden
(hours)
Total
burden
(hours)
Credit history reporting ..................................
Adverse action notices ..................................
Appraisal reports/written valuations ..............
Self-test disclosures ......................................
133,553
530,762
4,650
1,500
.25
.75
1
.5
33,388
398,072
4,650
750
60,098,850
92,883,350
1,725,150
60,000
.25
.25
.50
.25
250,412
387,014
14,376
250
283,800
785,086
19,026
1,000
Total .......................................................
........................
........................
........................
........................
........................
........................
1,088,912
1 The
estimates assume that all applicable entities would be affected, with respect to appraisal reports and other written valuations.
REGULATION B—RECORDKEEPING AND DISCLOSURES—COST
Managerial
Required task
Time
(hours)
Skilled technical
Cost
($60/hr.)
Time
(hours)
Clerical
Cost
($44/hr.)
Time
(hours)
Total cost
($)
Cost
($18/hr.)
General recordkeeping ..................................
Other recordkeeping .....................................
Recordkeeping of self-test ............................
Recordkeeping of corrective action ..............
0
0
0
0
$0
0
0
0
66,345
43,333
1,500
600
$2,919,180
1,906,652
66,000
26,400
597,108
0
0
0
$10,747,944
0
0
0
$13,667,124
1,906,652
66,000
26,400
Total Recordkeeping ..............................
Disclosures:
Credit history reporting ..........................
Adverse action notices ...........................
Appraisal reports ....................................
Self-test disclosure .................................
........................
........................
........................
........................
........................
........................
15,666,176
28,380
78,509
1,903
100
1,702,800
4,710,540
114,180
6,0000
255,420
706,577
17,123
900
11,238,480
31,089,388
753,412
39,600
0
0
0
0
0
0
0
0
12,941,280
35,799,928
867,592
45,600
Total Disclosures ............................
........................
........................
........................
........................
........................
........................
49,654,400
Total Recordkeeping and Disclosures ................................
........................
........................
........................
........................
........................
........................
65,320,576
2. Regulation E
The EFTA requires that covered
entities provide consumers with
accurate disclosure of the costs, terms,
and rights relating to EFT and certain
other services. Regulation E implements
the EFTA, establishing disclosure and
other requirements to aid consumers
and recordkeeping requirements to
assist agencies with enforcement. It
applies to financial institutions,
retailers, gift card issuers and others that
provide gift cards, service providers,
various federal and state agencies
offering EFTs, prepaid account entities,
etc. Staff estimates that Regulation E’s
recordkeeping requirements affect
251,053 firms offering EFT and certain
other services to consumers and that are
subject to the Commission’s
jurisdiction, at an average annual
burden of one hour per firm, for a total
of 251,053 hours. Burden estimates
relating to the disclosures required
under Regulation E and labor cost
estimates are provided in the tables
below.
Burden Totals
Recordkeeping: 251,053 hours;
$5,171,684, associated labor costs.
Disclosures: 7,184,903 hours;
$327,631,676, associated labor costs.
REGULATION E—DISCLOSURES—BURDEN HOURS
Setup/monitoring
Average
burden per
respondent
(hours)
Disclosures
Respondents
Initial terms ....................................................
Change in terms ............................................
27,300
8,550
Transaction-related
Total setup/
monitoring
burden
(hours)
.5
.5
13,650
4,275
Number of
transactions
Average
burden per
transaction
(minutes)
273,000
11,286,000
.02
.02
16 The disclosure may be provided orally or in
writing. The model form provided by Regulation B
assists creditors in providing the written disclosure.
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E:\FR\FM\17MYN1.SGM
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Total
transaction
burden
(hours)
91
3,762
Total
burden
(hours)
13,741
8,037
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REGULATION E—DISCLOSURES—BURDEN HOURS—Continued
Setup/monitoring
Transaction-related
Average
burden per
respondent
(hours)
Disclosures
Respondents
Periodic statements .......................................
Error resolution ..............................................
Transaction receipts ......................................
Preauthorized transfers .................................
Service provider notices ................................
ATM notices ..................................................
Electronic check conversion .........................
Overdraft services .........................................
Gift cards .......................................................
Remittance transfers:
Disclosures .............................................
Error resolution ......................................
Agent compliance ..................................
Prepaid accounts and gov’t benefits:
Disclosures .............................................
Disclosures—updates ............................
Access to account information ...............
Error resolution ......................................
Error resolution—followup 4 ...................
Submission of agreements ....................
Updates to agreements 5 .......................
550
138
550
300
........................
138
........................
Total ................................................
........................
Total setup/
monitoring
burden
(hours)
Average
burden per
transaction
(minutes)
Number of
transactions
Total
transaction
burden
(hours)
Total
burden
(hours)
27,300
27,300
27,300
258,553
20,000
125
48,553
15,000
15,000
.5
.5
.5
.5
.25
.25
.5
.5
.5
13,650
13,650
13,650
129,277
5,000
31
24,277
7,500
7,500
327,600,000
273,000
1,375,000,000
6,463,825
200,000
25,000,000
728,295
1,500,000
750,000,000
.02
5
.02
.25
.25
.25
.02
.02
.02
109,200
22,750
458,333
26,933
833
104,167
243
500
250,000
122,850
36,400
471,983
156,210
5,833
104,198
24,520
8,000
257,500
4,800
4,800
4,800
1.25
1.25
1.25
6,000
6,000
6,000
96,000,000
120,960,000
96,000,000
.9
.9
.9
1,440,000
1,814,400
1,440,000
1,446,000
1,820,400
1,446,000
1 40
× 10
1 × 10
3 20 ×10
4×4
N/A
2×1
N/A
220,000
2 1,380
110,000
4,800
........................
276
........................
2,750,000,000
N/A
1,100,000
275,000
1,380
690
690
.02
........................
.01
2
30
1
5
916,667
........................
183
9,167
690
11
57
1,136,667
1,380
110,183
13,967
690
287
57
........................
........................
........................
........................
........................
7,184,903
1 Burden
hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
2 Individual burden hours are listed first, followed by the number of programs.
3 Burden hours are on a per program basis; individual burden hours are listed first, followed by the number of programs.
4 This pertains to prepaid accounts.
5 This pertains to prepaid accounts’ agreements.
REGULATION E—RECORDKEEPING AND DISCLOSURES—COST
Managerial
Required task
Time
(hours)
Recordkeeping ..............................................
Disclosures:
Initial terms .............................................
Change in terms ....................................
Periodic statements ...............................
Error resolution ......................................
Transaction receipts ...............................
Preauthorized transfers ..........................
Service provider notices ........................
ATM notices ...........................................
Electronic check conversion ..................
Overdraft services ..................................
Gift cards ................................................
Remittance transfers:
Disclosures .............................................
Error resolution ......................................
Agent compliance ..................................
Prepaid accounts and gov’t. benefits:
Disclosures .............................................
Disclosures—updates ............................
Access to account information ...............
Error resolution ......................................
Error resolution—followup ......................
Submission of agreements ....................
Updates to agreements .........................
Skilled technical
Cost
($60/hr.)
Time
(hours)
Clerical
Cost
($44/hr.)
Time
(hours)
Total cost
($)
Cost
($18/hr.)
0
$0
25,105
$1,104,620
225,948
$4,067,064
$5,171,684
1,374
804
12,285
3,640
47,198
15,621
583
10,420
2,452
800
25,750
82,440
48,240
737,100
218,400
2,831,880
937,260
34,980
625,200
147,120
48,000
1,545,000
12,367
7,233
110,565
32,760
424,785
140,589
5,250
93,778
22,068
7,200
231,750
544,148
318,252
4,864,860
1,441,440
18,690,540
6,185,916
231,000
4,126,232
970,992
316,800
10,197,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
626,588
366,492
5,601,960
1,659,840
21.522,420
7,123,176
265,980
4,751,432
1,118,112
364,800
11,742,000
144,600
182,040
144,600
8,676,000
10,922,400
8,676,000
1,301,400
1,638,360
1,301,400
57,261,600
72,087,840
57,261,600
0
0
0
0
0
0
65,937,600
83,010,240
65,937,600
113,667
138
11,018
1,397
69
29
6
6,820,020
8,2808
661,080
83,820
4,140
1,740
360
1,023,000
1,242
99,165
12,570
621
259
52
45,012,000
54,648
4,363,260
553,080
27,324
11,396
2,288
0
0
0
0
0
0
0
0
0
0
0
0
0
0
51,832,020
62,928
5,024,340
636,900
31,464
13,136
2,648
Total Disclosures ............................
........................
........................
........................
........................
........................
........................
327,631,676
Total Recordkeeping and Disclosures ................................
........................
........................
........................
........................
........................
........................
332,803,360
3. Regulation M
The CLA requires that covered
entities provide consumers with
accurate disclosure of the costs and
terms of leases. Regulation M
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implements the CLA, establishing
disclosure requirements to help
consumers comparison shop and
understand the terms of leases and
recordkeeping requirements. It applies
to vehicle lessors (such as auto dealers,
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independent leasing companies, and
manufacturers’ captive finance
companies), computer lessors (such as
computer dealers and other retailers),
furniture lessors, various electronic
commerce lessors, diverse types of lease
E:\FR\FM\17MYN1.SGM
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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
advertisers, and others. Staff estimates
that Regulation M’s recordkeeping
requirements affect approximately
30,203 firms within the FTC’s
jurisdiction leasing products to
consumers at an average annual burden
of one hour per firm, for a total of
30,203 hours. Burden estimates relating
to the disclosures required under
Regulation M and labor cost estimates
are provided in the tables below.
Burden Totals 17
Recordkeeping: 30,203 hours;
$1,763,860, associated labor costs.
Disclosures: 71,750 hours; $4,190,200,
associated labor costs.
REGULATION M—DISCLOSURES—BURDEN HOURS
Setup/monitoring
Transaction-related
Average
burden per
respondent
(hours)
Disclosures
Respondents
Total setup/
monitoring
burden
(hours)
Average
burden per
transaction
(minutes)
Number of
transactions
Total
transaction
burden
(hours)
Total
burden
(hours)
Motor Vehicle Leases 1 .................................
Other Leases 2 ..............................................
Advertising .....................................................
26,690
3,513
14,615
1
.50
.50
26,690
1,757
7,308
4,000,000
60,000
578,960
.50
.25
.25
33,333
250
2,412
60,023
2,007
9,720
Total .......................................................
........................
........................
........................
........................
........................
........................
71,750
1 This
category focuses on consumer vehicle leases. Vehicle leases are subject to more lease disclosure requirements (pertaining to computation of payment obligations) than other lease transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 1013.2(e)(1). CLA and Regulation M now cover leases up to $58,300 plus an annual adjustment.
2 This category focuses on all types of consumer leases other than vehicle leases. It includes leases for computers, other electronics, small appliances, furniture,
and other transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 1013.2(e)(1). CLA and Regulation M now
cover leases up to $58,300 plus an annual adjustment.
REGULATION M—RECORDKEEPING AND DISCLOSURES—COST
Managerial
Required task
Time
(hours)
Skilled technical
Cost
($60/hr.)
Time
(hours)
Clerical
Cost
($44/hr.)
Time
(hours)
Total cost
($)
Cost
($18/hr.)
Recordkeeping ..............................................
Disclosures:
Motor Vehicle Leases ............................
Other Leases .........................................
Advertising .............................................
27,183
$1,630,980
3,020
$132,880
0
$0
$1,763,860
54,021
1,806
8,748
3,241,260
108,360
524,880
6,002
201
972
264,088
8,844
42,768
0
0
0
0
0
0
3,505,348
117,204
567,648
Total Disclosures ............................
........................
........................
........................
........................
........................
........................
4,190,200
Total Recordkeeping and Disclosures ................................
........................
........................
........................
........................
........................
........................
5,954,060
4. Regulation Z
The TILA was enacted to foster
comparison credit shopping and
informed credit decisionmaking by
requiring creditors and others to provide
accurate disclosures regarding the costs
and terms of credit to consumers.
Regulation Z implements the TILA,
establishing disclosure requirements to
assist consumers and recordkeeping
requirements to assist agencies with
enforcement. These requirements
pertain to open-end and closed-end
credit and apply to various types of
entities, including mortgage companies;
17 Recordkeeping and disclosure burden estimates
for Regulation M are more substantial for motor
vehicle leases than for other leases, including
burden estimates based on market changes and
regulatory definitions of coverage. Based on
industry information, the estimates for
recordkeeping and disclosure costs assume the
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finance companies; auto dealerships;
private education loan companies;
merchants who extend credit for goods
or services; credit advertisers; acquirers
of mortgages; and others. Additional
requirements also exist in the mortgage
area, including for high cost mortgages,
higher-priced mortgage loans,18 ability
to pay of mortgage consumers, mortgage
servicing, loan originators, and certain
integrated mortgage disclosures. FTC
staff estimates that Regulation Z’s
recordkeeping requirements affect
approximately 430,762 entities subject
to the Commission’s jurisdiction, at an
average annual burden of 1.25 hours per
entity with .25 additional hours per
entity for 3,650 entities (ability to pay),
and 5 additional hours per entity for
4,500 entities (loan originators). This
yields a total annual recordkeeping
burden of 561,866 hours. Burden
estimates relating to the disclosures
required under Regulation Z and labor
cost estimates are provided in the tables
below.
following: 90% managerial, and 10% skilled
technical. As noted above, for purposes of PRA
burden calculations for Regulations B, E, M, and Z,
and given the different types of motor vehicle
dealers, the FTC is including in its estimates burden
for all of them.
18 While Regulation Z also requires the creditor to
provide a short written disclosure regarding the
appraisal process for higher-priced mortgage loans,
the disclosure is provided by the CFPB. As a result,
it is not a ‘‘collection of information’’ for PRA
purposes (see 5 CFR 1320.3(c)(2)). It is thus
excluded from the burden estimates below.
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Burden Totals
Recordkeeping: 561,866 hours;
$11,574,450, associated labor costs.
Disclosures: 7,854,575 hours;
$358,169,628, associated labor costs.
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REGULATION Z—DISCLOSURES—BURDEN HOURS
Setup/monitoring
Disclosures 1
Respondents
Open-end credit:
Initial terms .............................................
Initial terms—prepaid accounts .............
Rescission notices .................................
Subsequent disclosures .........................
Subsequent disclosures—prepaid accounts .................................................
Periodic statements ...............................
Periodic statements—prepaid accounts
Error resolution ......................................
Error resolution—prepaid accounts followup ..................................................
Credit and charge card accounts ..........
Credit and charge card accounts—prepaid accounts .....................................
Settlement of estate debts .....................
Special credit card requirements ...........
Home equity lines of credit ....................
Home equity lines of credit high-cost
mortgages ...........................................
College student credit card marketing—
ed. institutions ....................................
College student credit card marketing—
card issuer reports .............................
Posting and reporting of credit card
agreements .........................................
Posting and reporting of prepaid account agreements ...............................
Advertising .............................................
Advertising—prepaid accounts ..............
Advertising—prepaid accounts Updates
Sale, transfer, or assignment of mortgages ..................................................
Appraiser misconduct reporting .............
Mortgage servicing .................................
Loan originators .....................................
Transaction-related
Average
burden per
respondent
(hours)
23,650
3
750
4,650
3
23,650
3
23,650
Total setup/
monitoring
burden
(hours)
.75
×1
.5
.75
17,738
12
375
3,488
×1
.75
6 40 × 1
.75
12
17,738
120
17,738
24
44
Number of
transactions
Average
burden per
transaction
(minutes)
Total
transaction
burden
(hours)
Total
burden
(hours)
10,500,600
× 78,667
3,750
23,250,000
.375
.125
.25
.188
65,629
492
16
72,850
83,367
504
391
76,338
5 3 × 78,667
788,325,450
7 3 × 944,000
2,104,850
.0625
.0938
.03125
6
246
1,232,415
1,475
210,485
258
1,250,153
1,595
228,223
× 1,180
5,125,000
15
.375
885
32,031
897
39,719
33
3
10,250
84
×1
.75
12
7,688
3
23,650
10,250
750
10 4
×1
.75
.75
.5
12
17,738
7,688
375
× 12
496,650
5,125,000
5,250
240
.375
.375
.25
144
3,104
32,031
22
156
20,842
39,719
397
250
2
500
1,500
2
50
550
1,350
.5
675
81,000
.25
338
1,013
150
.75
113
4,500
.75
56
169
.75
7,688
5,125,000
.375
32,031
39,719
×1
.75
×1
15 0.2 × 5
2
28,988
60
3
×5
115,950
N/A
N/A
2.5
.75
........................
........................
1
1,449
........................
........................
3
30,437
60
3
500
301,150
1,500
2,250
.5
.75
.75
2
250
225,863
1,125
4,500
500,000
6,023,000
150,000
22,500
.25
.375
.5
5
2,083
37,644
1,250
1,875
2,333
263,507
2,375
6,375
280,762
3,650
101,150
3,650
3,650
1,750
1,750
3,025
205,762
75
.75
.5
.5
10
1
1
1
.5
.5
.5
210,572
1,825
50,575
36,500
3,650
1,750
1,750
1,513
102,881
38
112,304,800
5,475,000
505,750
10,950,000
365,000
43,750
14,000
15,125
2,057,620
30,000
2.25
1
2.25
3.5
1.75
2
2
1
1
1.5
4,211,430
91,250
18,966
638,750
10,646
1,458
467
252
34,294
750
4,422,002
93,075
69,541
675,250
14,296
3,208
2,217
1,765
137,175
788
48,850
3,650
301,150
3,650
2,250
.5
.75
.75
1.5
2
24,425
2,738
225,863
5,475
4,500
2,442,500
0
6,023,000
730,000
22,500
.25
0
.375
2.75
5
10,177
0
37,644
33,458
1,875
34,602
2,738
263,507
38,933
6,375
Total open-end credit ......................
........................
........................
........................
........................
........................
........................
2,089,103
Total closed-end credit ...................
........................
........................
........................
........................
........................
........................
5,765,472
Total credit ...............................
........................
........................
........................
........................
........................
........................
7,854,575
10,250
3
38,650
3
3
Closed-end credit:
Credit disclosures ..................................
Rescission notices .................................
Redisclosures .........................................
Integrated mortgage disclosures ...........
Variable rate mortgages ........................
High cost mortgages ..............................
Higher priced mortgages .......................
Reverse mortgages ................................
Advertising .............................................
Private education loans .........................
Sale, transfer, or assignment of mortgages ..................................................
Ability to pay/qualified mortgage ............
Appraiser misconduct reporting .............
Mortgage servicing .................................
Loan originators .....................................
12 .75
14 20
93
11 3
13 3
1 Regulation
Z requires disclosures for closed-end and open-end credit. TILA and Regulation Z now cover credit up to $58,300 plus an annual adjustment (except
that real estate credit and private education loans are covered regardless of amount).
2 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
3 This figure lists the number of entities followed by the number of responses or programs each.
4 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
5 This figure lists the number of entities followed by the number of responses or programs each.
6 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
7 This figure lists the number of entities followed by the number of responses or programs each.
8 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
9 This figure lists the number of entities followed by the number of responses or programs each.
10 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
11 This figure lists the number of entities followed by the number of responses or programs each.
12 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
13 This figure lists the number of entities followed by the number of responses or programs each.
14 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
15 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
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REGULATION Z—RECORDKEEPING AND DISCLOSURES—COST
Managerial
Required task
Time
(hours)
Recordkeeping ..............................................
Open-end credit Disclosures:
Initial terms .............................................
Initial terms—prepaid accounts .............
Rescission notices .................................
Subsequent disclosures .........................
Subsequent disclosures—prepaid accounts .................................................
Periodic statements ...............................
Periodic statements—prepaid accounts
Error resolution ......................................
Error resolution—prepaid accounts followup ..................................................
Credit and charge card accounts ..........
Credit and charge card accounts—prepaid accounts .....................................
Settlement of estate debts .....................
Special credit card requirements ...........
Home equity lines of credit ....................
Home equity lines of credit—high cost
mortgages ...........................................
College student credit card marketing—
ed institutions .....................................
College student credit card marketing—
card issuer reports .............................
Posting and reporting of credit card
agreements .........................................
Posting and reporting of prepaid accounts .................................................
Advertising .............................................
Advertising—prepaid accounts ..............
Advertising—prepaid accounts Updates
Sale, transfer, or assignment of mortgages ..................................................
Appraiser misconduct reporting .............
Mortgage servicing .................................
Loan originators .....................................
Skilled technical
Cost
($60/hr.)
Time
(hours)
Clerical
Cost
($44/hr.)
Time
(hours)
Total cost
($)
Cost
($18/hr.)
0
$0
56,187
$2,472,228
505,679
$9,102,222
$11,574,450
8,337
50
39
7,634
500,220
3,000
2,340
458,040
75,030
454
352
68,704
3,301,220
19,776
15,488
3,022,976
0
0
0
0
0
0
0
0
3,301,540
22,976
17,828
3,481,016
26
125,015
159
22,822
1.560
7,500,900
9,540
1,369,320
232
1,125,138
1436
205,401
10,208
49,506,072
63,184
9,037,644
0
0
0
0
0
0
0
0
11,768
57,006,972
72,724
10,406,964
90
3,972
5,400
238,320
807
35,747
35,508
1,572,868
0
0
0
0
40,908
1,811,188
16
2,084
3,972
40
960
125,040
238,320
2,400
140
18,758
35,747
357
6,160
825,352
1,572,868
15,708
0
0
0
0
0
0
0
0
7,120
950,392
1,811,188
18,108
55
3,300
495
21,780
0
0
25,080
101
6,060
912
40,128
0
0
46,188
17
1,020
152
6,688
0
0
7,708
3,972
238,320
35,747
1,572,868
0
0
1,811,188
1
3,044
6
1
60
182,640
360
60
2
27,393
54
2
88
1,205,292
2,376
88
0
0
0
0
0
0
0
0
148
1,388,932
2,736
148
233
26,351
238
638
13,980
1,581,060
14,280
38,280
2,100
237,156
2,137
5,737
92,400
10,434,864
94,028
252,428
0
0
0
0
0
0
0
0
106,380
12,015,924
108,308
290,708
Total open-end credit ......................
Closed-end credit Disclosures:
Credit disclosures ..................................
Rescission notices .................................
Redisclosures .........................................
Integrated mortgage disclosures ...........
Variable rate mortgages ........................
High cost mortgages ..............................
Higher priced mortgages .......................
Reverse mortgages ................................
Advertising .............................................
Private education loans .........................
Sale, transfer, or assignment of mortgages ..................................................
Ability to pay/qualified mortgage ............
Appraiser misconduct reporting .............
Mortgage servicing .................................
Loan originators .....................................
........................
........................
........................
........................
........................
........................
95,264,140
442,200
9,308
6,954
67,525
1,430
321
222
177
13,718
79
26,532,000
558,480
417,240
4,051,500
85,800
19,260
13,320
10,620
823,080
4,740
3,979,802
83,767
62,587
607,725
12,866
2,887
1,995
1,588
123,457
709
175,111,288
3,685,748
2,753,828
26,739,900
566,104
127,028
87,780
69,872
5,432,108
31,196
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
201,643,208
4,244,228
3,171,068
30,791,400
651,904
146,288
101,100
80,492
6,255,188
35,936
3,460
274
26,351
3,893
638
207,600
16,440
1,581,060
233,580
38,280
31,142
2,464
237,156
35,040
5,737
1,370,248
108,416
10,434,864
1,541,760
252,428
0
0
0
0
0
0
0
0
0
0
1,577,848
124,856
12,015,924
1,775,340
290,708
Total closed-end credit ...................
........................
........................
........................
........................
........................
........................
262,905,488
Total Disclosures ............................
........................
........................
........................
........................
........................
........................
358,169,628
Total Recordkeeping and Disclosures ................................
........................
........................
........................
........................
........................
........................
369,744,078
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 useful; (3) ways to
enhance the quality, utility, and clarity
VerDate Sep<11>2014
18:56 May 14, 2021
Jkt 253001
of the information to be collected; and
(4) ways to minimize the burden of
providing the required information to
consumers.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before July 16, 2021. Write ‘‘Regs BEMZ,
PRA Comments, P084812’’ on your
comment. Your comment, including
PO 00000
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Fmt 4703
Sfmt 4703
your name and your state, will be
placed on the public record of this
proceeding, including the https://
www.regulations.gov website.
Because of the public health
emergency in response to the COVID–19
outbreak and the agency’s heightened
security screening, postal mail
addressed to the Commission will be
subject to delay. We strongly encourage
E:\FR\FM\17MYN1.SGM
17MYN1
Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
you to submit your comment online
through the https://www.regulations.gov
website. To ensure the Commission
considers your online comment, please
follow the instructions on the webbased form.
If you file your comment on paper,
write ‘‘Regs BEMZ, PRA Comments,
P084812’’ 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 (Annex J),
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 https://www.regulations.gov, you are
solely responsible for making sure that
your comment does not include any
sensitive or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’s Social Security number, date of
birth, driver’s license number or other
state identification number or foreign
country equivalent, passport number,
financial account number, or credit or
debit card number. You are also solely
responsible for making sure that your
comment does not include 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. Your comment will be kept
confidential only if the FTC General
Counsel grants your request in
accordance with the law and the public
VerDate Sep<11>2014
18:56 May 14, 2021
Jkt 253001
interest. Once your comment has been
posted on https://www.regulations.gov,
we cannot redact or remove your
comment from that 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 July 16, 2021. For information on
the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/
siteinformation/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021–10285 Filed 5–14–21; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[Docket No. CDC–2021–0053]
The Systematic Review Report for
Diagnosis and Treatment of Myalgic
Encephalomyelitis/Chronic Fatigue
Syndrome (ME/CFS): Request for
Comment
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice with comment period.
AGENCY:
The Centers for Disease
Control and Prevention (CDC) in the
Department of Health and Human
Services (HHS) announces the opening
of a docket to obtain comment on the
systematic review draft report for
Diagnosis and Treatment of Myalgic
Encephalomyelitis/Chronic Fatigue
Syndrome (ME/CFS). The draft report
describes inclusion and exclusion
criteria to identify relevant literature,
outlines the approach for evaluating
study quality, and summarizes the
systematic review results. The report,
once finalized, is intended to support
the anticipated development of future
clinical practice guidelines, which
would guide physicians in managing
and providing care for patients with
ME/CFS. Currently there are no federal
guidelines for management of ME/CFS.
CDC has commissioned the Pacific
Northwest Evidence-Based Practice
Center at Oregon Health & Science
SUMMARY:
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
26733
University to conduct a systematic
review of the publicly available
scientific literature and now seeks
public comment to inform the final
report. In particular, CDC seeks data and
information, including reports and
manuscripts that are pending
publications or are not available through
indexed bibliographic databases. Access
to pertinent scientific information from
research and evidence-based clinical
practice may be used to inform the final
report. The anticipated CDC guideline
would assist clinicians by outlining
management practices for patients with
ME/CFS.
DATES: Written comments must be
received on or before August 16,
2021.May 17, 2021.
ADDRESSES: You may submit comments,
identified by Docket No. CDC–2021–
0053 by either of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Anindita Issa, MD, Centers for
Disease Control and Prevention, 1600
Clifton Road NE, Mailstop H24–12,
Atlanta, Georgia 30329.
Instructions: All submissions received
must include the agency name and
Docket Number. All relevant comments
received will be posted without change
to https://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. Do not
submit comments by email. CDC does
not accept comments by email.
FOR FURTHER INFORMATION CONTACT: For
technical information on the systematic
review report for ME/CFS, contact
Anindita Issa, MD, Centers for Disease
Control and Prevention, 1600 Clifton
Road NE, Mailstop H24–12, Atlanta,
Georgia 30329. Telephone: 404–718–
3959; email: cfs@cdc.gov.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons or organizations
are invited to participate by submitting
written views, recommendations, and
data related to the draft report,
including perspectives on and
experiences with diagnosis and
management of ME/CFS illness. In
addition, CDC invites comments
specifically on topics for
pharmacological or nonpharmacological treatments.
Please note that comments received,
including attachments and other
supporting materials, are part of the
public record and are subject to public
disclosure. Comments will be posted on
https://www.regulations.gov. Therefore,
E:\FR\FM\17MYN1.SGM
17MYN1
Agencies
[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Pages 26725-26733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10285]
=======================================================================
-----------------------------------------------------------------------
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 clearances for
information collection requirements in Regulations B, E, M, and Z,
which are enforced by the Commission. These clearances expire on
September 30, 2021.
DATES: Comments must be filed by July 16, 2021.
[[Page 26726]]
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 ``Regs BEMZ, PRA
Comments, P084812'' 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: Carole Reynolds or Stephanie
Rosenthal, Attorneys, Division of Financial Practices, Bureau of
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave.
NW, Washington, DC 20580, (202) 326-3224.
SUPPLEMENTARY INFORMATION: The four regulations covered by this notice
are:
(1) Regulations promulgated under the Equal Credit Opportunity Act,
15 U.S.C. 1691 et seq. (``ECOA'') (``Regulation B'') (OMB Control
Number: 3084-0087);
(2) Regulations promulgated under the Electronic Fund Transfer Act,
15 U.S.C. 1693 et seq. (``EFTA'') (``Regulation E'') (OMB Control
Number: 3084-0085);
(3) Regulations promulgated under the Consumer Leasing Act, 15
U.S.C. 1667 et seq. (``CLA'') (``Regulation M'') (OMB Control Number:
3084-0086); and
(4) Regulations promulgated under the Truth-In-Lending Act, 15
U.S.C. 1601 et seq. (``TILA'') (``Regulation Z'') (OMB Control Number:
3084-0088).
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Discussion: Under the Dodd-Frank Wall Street Reform and Consumer
Protection Act (``Dodd-Frank Act''), Public Law 111-203, 124 Stat. 1376
(2010), almost all rulemaking authority for the ECOA, EFTA, CLA, and
TILA transferred from the Board of Governors of the Federal Reserve
System (Board) to the Consumer Financial Protection Bureau (CFPB) on
July 21, 2011 (``transfer date''). To implement this transferred
authority, the CFPB published new regulations in 12 CFR part 1002
(Regulation B), 12 CFR part 1005 (Regulation E), 12 CFR part 1013
(Regulation M), and 12 CFR part 1026 (Regulation Z) for those entities
under its rulemaking jurisdiction.\1\ Although the Dodd-Frank Act
transferred most rulemaking authority under ECOA, EFTA, CLA, and TILA
to the CFPB, the Board retained rulemaking authority for certain motor
vehicle dealers \2\ under all of these statutes and also for certain
interchange-related requirements under EFTA.\3\
---------------------------------------------------------------------------
\1\ 12 CFR pt. 1002 (Reg. B) (81 FR 25323, Apr. 28, 2016); 12
CFR pt. 1005 (Reg. E) (81 FR 25323, Apr. 28, 2016) 12 CFR pt. 1013
(Reg. M) (81 FR 25323, Apr. 28, 2016); 12 CFR pt. 1026 (Reg. Z) (81
FR 25323, Apr. 28, 2016).
\2\ Generally, these are dealers ``predominantly engaged in the
sale and servicing of motor vehicles, the leasing and servicing of
motor vehicles, or both.'' See Dodd-Frank Act, Sec. 1029, 12 U.S.C.
5519(a), (c).
\3\ See Dodd-Frank Act, Sec. 1075, 15 U.S.C. 1693 (these
requirements are implemented through Board Regulation II, 12 CFR pt.
235, rather than EFTA's implementing Regulation E).
---------------------------------------------------------------------------
As a result of the Dodd-Frank Act, the FTC and the CFPB generally
share the authority to enforce Regulations B, E, M, and Z for entities
for which the FTC had enforcement authority before the Act, except for
certain motor vehicle dealers.\4\ Because of this shared enforcement
jurisdiction, the two agencies have divided the FTC's previously-
cleared PRA burden estimates between them,\5\ except that the FTC has
assumed all of the burden estimates associated with motor vehicle
dealers \6\ and state-chartered credit unions. The division of PRA
burden hours not attributable to motor vehicle dealers and state-
chartered credit unions is reflected in the CFPB's PRA clearance
requests to OMB, as well as in the FTC's burden estimates below.
---------------------------------------------------------------------------
\4\ The FTC's enforcement authority includes state-chartered
credit unions; other federal agencies also have various enforcement
authority over credit unions. For example, for large credit unions
(exceeding $10 billion in assets), the CFPB has certain authority.
The National Credit Union Administration also has certain authority
for state-chartered federally insured credit unions, and it
additionally provides insurance for certain state-chartered credit
unions through the National Credit Union Share Insurance Fund and
examines credit unions for various purposes. There are approximately
three state-chartered credit unions exceeding $10 billion in assets,
and the CFPB assumes PRA burden for those entities. As of the fourth
quarter of 2020, there were approximately 2,126 state-chartered
credit unions--1,914 which were federally insured, an estimated 112
or more which were privately insured, and an estimated 100 or more
in Puerto Rico which were insured by a quasi-governmental entity.
Because of the difficulty in parsing out PRA burden for such
entities in view of the overlapping authority, the FTC's figures
include PRA burden for all state-chartered credit unions. However,
in view of fluctuations due to COVID-19 and to avoid undercounting,
we have retained the prior estimate of 2,300 state-chartered credit
unions. As noted above, the CFPB's figures as to state-chartered
credit unions include burden for those entities exceeding $10
billion in assets. See generally Dodd-Frank Act, Sec. Sec. 1061,
1025, 1026. This attribution does not change actual enforcement
authority. We also have retained the prior burden hours generally in
the estimates below, in view of these considerations.
\5\ The CFPB also factors into its burden estimates respondents
over which it has jurisdiction but the FTC does not.
\6\ See Dodd-Frank Act Sec. 1029, 12 U.S.C. 5519(a), as limited
by subsection (b) as to motor vehicle dealers. Subsection (b) does
not preclude CFPB regulatory oversight regarding, among others,
businesses that extend retail credit or retail leases for motor
vehicles in which the credit or lease offered is provided directly
from those businesses, rather than unaffiliated third parties, to
consumers. It is not practicable, however, for PRA purposes, to
estimate the portion of dealers that engage in one form of financing
versus another (and that would or would not be subject to CFPB
oversight). Thus, FTC staff's PRA burden analysis reflects a general
estimated volume of motor vehicle dealers. This attribution does not
change actual enforcement authority.
---------------------------------------------------------------------------
Pursuant to the Dodd-Frank Act, the FTC generally has sole
authority to enforce Regulations B, E, M, and Z regarding certain motor
vehicle dealers predominantly engaged in the sale and servicing of
motor vehicles, the leasing and servicing of motor vehicles, or both,
that, among other things, assign their contracts to unaffiliated third
parties.\7\ Because the FTC has exclusive jurisdiction to enforce these
rules for such motor vehicle dealers and retains its concurrent
authority with the CFPB for other types of motor vehicle dealers, and
in view of the different types of motor vehicle dealers, the FTC
retains the entire PRA burden for motor vehicle dealers in the burden
estimates below.
---------------------------------------------------------------------------
\7\ See Dodd-Frank Act Sec. 1029, 12 U.S.C. 5519(a), (c).
---------------------------------------------------------------------------
The regulations impose certain recordkeeping and disclosure
requirements associated with providing credit or with other financial
transactions. Under the PRA, 44 U.S.C. 3501-3521, Federal agencies must
get OMB approval for each collection of information they conduct or
sponsor. ``Collection of information'' includes agency requests or
requirements to submit reports, keep records, or provide information to
a third party. See 44 U.S.C. 3502(3); 5 CFR 1320.3(c).
All four of these regulations require covered entities to keep
certain records, but FTC staff believes these records are kept in the
normal course of business even absent the particular recordkeeping
requirements.\8\ Covered entities, however, may incur some burden
associated with ensuring that they do not prematurely dispose of
relevant records (i.e., during the time
[[Page 26727]]
span they must retain records under the applicable regulation).
---------------------------------------------------------------------------
\8\ PRA ``burden'' does not include ``time, effort, and
financial resources'' expended in the normal course of business,
regardless of any regulatory requirement. See 5 CFR 1320.3(b)(2).
---------------------------------------------------------------------------
The regulations also require covered entities to make disclosures
to third parties. Related compliance involves set-up/monitoring and
transaction-specific costs. ``Set-up'' burden, incurred only by covered
new entrants, includes identifying the applicable required disclosures,
determining how best to comply, and designing and developing compliance
systems and procedures. ``Monitoring'' burden, incurred by all covered
entities, includes their time and costs to review changes to regulatory
requirements, make necessary revisions to compliance systems and
procedures, and to monitor the ongoing operation of systems and
procedures to ensure continued compliance. ``Transaction-related''
burden refers to the time and cost associated with providing the
various required disclosures in individual transactions, thus,
generally, of much lesser magnitude than ``setup'' and ``monitoring''
burden. The FTC's estimates of transaction time and volume are intended
as averages. The population of affected motor vehicle dealers is one
component of a much larger universe of such entities.
The required disclosures do not impose PRA burden on some covered
entities because they make those disclosures in the normal course of
business. For other covered entities that do not, their compliance
burden will vary depending on the extent to which they have developed
effective computer-based or electronic systems and procedures to
communicate and document required disclosures.\9\
---------------------------------------------------------------------------
\9\ For example, large companies may use computer-based and/or
electronic means to provide required disclosures, including issuing
some disclosures en masse, e.g., notice of changes in terms. Smaller
companies may have less automated compliance systems but may
nonetheless rely on electronic mechanisms for disclosures and
recordkeeping. Regardless of size, some entities may utilize
compliance systems that are fully integrated into their general
business operational system; if so, they may have minimal additional
burden. Other entities may have incorporated fewer of these
approaches into their systems and thus may have a higher burden.
---------------------------------------------------------------------------
The respondents included in the following burden calculations
consist of, among others, credit and lease advertisers, creditors,
owners (such as purchasers and assignees) of credit obligations,
financial institutions, service providers, certain government agencies
and others involved in delivering electronic fund transfers (``EFTs'')
of government benefits, and lessors.\10\ The burden estimates represent
FTC staff's best assessment, based on its knowledge and expertise
relating to the financial services industry, of the average time to
complete the aforementioned tasks associated with recordkeeping and
disclosure. Staff considered the wide variations in covered entities'
(1) size and location; (2) credit or lease products offered, extended,
or advertised, and their particular terms; (3) EFT types used; (4)
types and frequency of adverse actions taken; (5) types of appraisal
reports utilized; and (6) computer systems and electronic features of
compliance operations.
---------------------------------------------------------------------------
\10\ The Commission generally does not have jurisdiction over
banks, thrifts, and federal credit unions under the applicable
regulations.
---------------------------------------------------------------------------
The cost estimates that follow relate solely to labor costs, and
they include the time necessary to train employees how to comply with
the regulations. Staff calculated labor costs by multiplying
appropriate hourly wages by the burden hours described above. The
hourly wages used were $60 for managerial oversight, $44 for skilled
technical services, and $18 for clerical work. These figures are
averages drawn from Bureau of Labor Statistics data.\11\ Further, these
cost estimates assume the following labor category apportionments,
except where otherwise indicated below: Recordkeeping--10% skilled
technical, 90% clerical; disclosure--10% managerial, 90% skilled
technical.
---------------------------------------------------------------------------
\11\ These inputs are based broadly on mean hourly data found
within the ``Bureau of Labor Statistics, Economic News Release,''
March 31, 2021, Table 1, ``National employment and wage data from
the Occupational Employment and Wage Statistics survey by
occupation, May 2020.'' https://www.bls.gov/news.release/ocwage.t01.htm.
---------------------------------------------------------------------------
The applicable PRA requirements impose minimal capital or other
non-labor costs. Affected entities generally already have the necessary
equipment for other business purposes. Similarly, FTC staff estimates
that compliance with these rules entails minimal printing and copying
costs beyond that associated with documenting financial transactions in
the normal course of business.
The following discussion and tables present estimates under the PRA
of recordkeeping and disclosure average time and labor costs, excluding
that which FTC staff believes entities incur customarily in the normal
course of business and information compiled and produced in response to
FTC law enforcement investigations or prosecutions.\12\
---------------------------------------------------------------------------
\12\ See 5 CFR 1320.4(a) (excluding information collected in
response to, among other things, a federal civil action or ``during
the conduct of an administrative action, investigation, or audit
involving an agency against specific individuals or entities'').
---------------------------------------------------------------------------
1. Regulation B
The ECOA prohibits discrimination in the extension of credit.
Regulation B implements the ECOA, establishing disclosure requirements
to assist customers in understanding their rights under the ECOA and
recordkeeping requirements to assist agencies in enforcement.
Regulation B applies to retailers, mortgage lenders, mortgage brokers,
finance companies, and others.
FTC staff estimates that Regulation B's general recordkeeping
requirements affect 530,762 credit firms subject to the Commission's
jurisdiction, at an average annual burden of 1.25 hours per firm for a
total of 663,453 hours. Staff also estimates that the requirement that
mortgage creditors monitor information about race/national origin, sex,
age, and marital status imposes a maximum burden of one minute each (of
skilled technical time) for approximately 2.6 million credit
applications (based on industry data regarding the approximate number
of mortgage purchase and refinance originations), for a total of 43,333
hours.\13\ Staff also estimates that recordkeeping of self-testing
subject to the regulation would affect 1,500 firms, with an average
annual burden of one hour (of skilled technical time) per firm, for a
total of 1,500 hours, and that recordkeeping of any corrective action
as a result of self-testing would affect 10% of them, i.e., 150 firms,
with an average annual burden of four hours (of skilled technical time)
per firm, for a total of 600 hours.\14\ This yields a total annual
recordkeeping burden of 708,886 hours.
---------------------------------------------------------------------------
\13\ Regulation B contains model forms that creditors may use to
gather and retain the required information.
\14\ In contrast to banks, for example, entities under FTC
jurisdiction are not subject to audits by the FTC for compliance
with Regulation B; rather they may be subject to FTC investigations
and enforcement actions. This may impact the level of self-testing
(as specifically defined by Regulation B) in a given year, and staff
has sought to address such factors in its burden estimates.
---------------------------------------------------------------------------
Regulation B requires that creditors (i.e., entities that regularly
participate in the decision whether to extend credit under Regulation
B) provide notices whenever they take adverse action, such as denial of
a credit application. It requires entities that extend mortgage credit
with first liens to provide a copy of the appraisal report or other
written valuation to applicants.\15\ Finally, Regulation B also
requires that for accounts that spouses may use or for
[[Page 26728]]
which they are contractually liable, creditors who report credit
history must do so in a manner reflecting both spouses' participation.
Further, it requires creditors that collect applicant characteristics
for purposes of conducting a self-test to disclose to those applicants
that: (1) Providing the information is optional; (2) the creditor will
not take the information into account in any aspect of the credit
transactions; and (3) if applicable, the information will be noted by
visual observation or surname if the applicant chooses not to provide
it.\16\ Burden estimates relating to the disclosures required under
Regulation B and labor cost estimates are provided in the tables below.
---------------------------------------------------------------------------
\15\ While the rule also requires the creditor to provide a
short written disclosure regarding the appraisal process, the
disclosure is provided by the CFPB, and is thus not a ``collection
of information'' for PRA purposes. Accordingly, it is not included
in burden estimates below.
\16\ The disclosure may be provided orally or in writing. The
model form provided by Regulation B assists creditors in providing
the written disclosure.
---------------------------------------------------------------------------
Burden Totals
Recordkeeping: 708,886 hours; $15,666,176, associated labor costs.
Disclosures: 1,088,912 hours; $49,654,400, associated labor costs.
Regulation B--Disclosures--Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Setup/monitoring \1\ Transaction-related
---------------------------------------------------------------------------------------------------------------
Average burden
Disclosures Average burden Total setup/ Number of per Total Total burden
Respondents per respondent monitoring transactions transaction transaction (hours)
(hours) burden (hours) (minutes) burden (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Credit history reporting................ 133,553 .25 33,388 60,098,850 .25 250,412 283,800
Adverse action notices.................. 530,762 .75 398,072 92,883,350 .25 387,014 785,086
Appraisal reports/written valuations.... 4,650 1 4,650 1,725,150 .50 14,376 19,026
Self-test disclosures................... 1,500 .5 750 60,000 .25 250 1,000
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. .............. .............. .............. .............. 1,088,912
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The estimates assume that all applicable entities would be affected, with respect to appraisal reports and other written valuations.
Regulation B--Recordkeeping and Disclosures--Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Managerial Skilled technical Clerical
Required task ------------------------------------------------------------------------------------------------ Total cost ($)
Time (hours) Cost ($60/hr.) Time (hours) Cost ($44/hr.) Time (hours) Cost ($18/hr.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
General recordkeeping................... 0 $0 66,345 $2,919,180 597,108 $10,747,944 $13,667,124
Other recordkeeping..................... 0 0 43,333 1,906,652 0 0 1,906,652
Recordkeeping of self-test.............. 0 0 1,500 66,000 0 0 66,000
Recordkeeping of corrective action...... 0 0 600 26,400 0 0 26,400
---------------------------------------------------------------------------------------------------------------
Total Recordkeeping................. .............. .............. .............. .............. .............. .............. 15,666,176
Disclosures:
Credit history reporting............ 28,380 1,702,800 255,420 11,238,480 0 0 12,941,280
Adverse action notices.............. 78,509 4,710,540 706,577 31,089,388 0 0 35,799,928
Appraisal reports................... 1,903 114,180 17,123 753,412 0 0 867,592
Self-test disclosure................ 100 6,0000 900 39,600 0 0 45,600
---------------------------------------------------------------------------------------------------------------
Total Disclosures............... .............. .............. .............. .............. .............. .............. 49,654,400
---------------------------------------------------------------------------------------------------------------
Total Recordkeeping and .............. .............. .............. .............. .............. .............. 65,320,576
Disclosures................
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. Regulation E
The EFTA requires that covered entities provide consumers with
accurate disclosure of the costs, terms, and rights relating to EFT and
certain other services. Regulation E implements the EFTA, establishing
disclosure and other requirements to aid consumers and recordkeeping
requirements to assist agencies with enforcement. It applies to
financial institutions, retailers, gift card issuers and others that
provide gift cards, service providers, various federal and state
agencies offering EFTs, prepaid account entities, etc. Staff estimates
that Regulation E's recordkeeping requirements affect 251,053 firms
offering EFT and certain other services to consumers and that are
subject to the Commission's jurisdiction, at an average annual burden
of one hour per firm, for a total of 251,053 hours. Burden estimates
relating to the disclosures required under Regulation E and labor cost
estimates are provided in the tables below.
Burden Totals
Recordkeeping: 251,053 hours; $5,171,684, associated labor costs.
Disclosures: 7,184,903 hours; $327,631,676, associated labor costs.
Regulation E--Disclosures--Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Setup/monitoring Transaction-related
---------------------------------------------------------------------------------------------------------------
Average burden
Disclosures Average burden Total setup/ Number of per Total Total burden
Respondents per respondent monitoring transactions transaction transaction (hours)
(hours) burden (hours) (minutes) burden (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial terms........................... 27,300 .5 13,650 273,000 .02 91 13,741
Change in terms......................... 8,550 .5 4,275 11,286,000 .02 3,762 8,037
[[Page 26729]]
Periodic statements..................... 27,300 .5 13,650 327,600,000 .02 109,200 122,850
Error resolution........................ 27,300 .5 13,650 273,000 5 22,750 36,400
Transaction receipts.................... 27,300 .5 13,650 1,375,000,000 .02 458,333 471,983
Preauthorized transfers................. 258,553 .5 129,277 6,463,825 .25 26,933 156,210
Service provider notices................ 20,000 .25 5,000 200,000 .25 833 5,833
ATM notices............................. 125 .25 31 25,000,000 .25 104,167 104,198
Electronic check conversion............. 48,553 .5 24,277 728,295 .02 243 24,520
Overdraft services...................... 15,000 .5 7,500 1,500,000 .02 500 8,000
Gift cards.............................. 15,000 .5 7,500 750,000,000 .02 250,000 257,500
Remittance transfers:
Disclosures......................... 4,800 1.25 6,000 96,000,000 .9 1,440,000 1,446,000
Error resolution.................... 4,800 1.25 6,000 120,960,000 .9 1,814,400 1,820,400
Agent compliance.................... 4,800 1.25 6,000 96,000,000 .9 1,440,000 1,446,000
Prepaid accounts and gov't benefits:
Disclosures......................... 550 \1\ 40 x 10 220,000 2,750,000,000 .02 916,667 1,136,667
Disclosures--updates................ 138 1 x 10 \2\ 1,380 N/A .............. .............. 1,380
Access to account information....... 550 \3\ 20 x10 110,000 1,100,000 .01 183 110,183
Error resolution.................... 300 4 x 4 4,800 275,000 2 9,167 13,967
Error resolution--followup \4\...... .............. N/A .............. 1,380 30 690 690
Submission of agreements............ 138 2 x 1 276 690 1 11 287
Updates to agreements \5\........... .............. N/A .............. 690 5 57 57
---------------------------------------------------------------------------------------------------------------
Total........................... .............. .............. .............. .............. .............. .............. 7,184,903
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\2\ Individual burden hours are listed first, followed by the number of programs.
\3\ Burden hours are on a per program basis; individual burden hours are listed first, followed by the number of programs.
\4\ This pertains to prepaid accounts.
\5\ This pertains to prepaid accounts' agreements.
Regulation E--Recordkeeping and Disclosures--Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Managerial Skilled technical Clerical
Required task ------------------------------------------------------------------------------------------------ Total cost ($)
Time (hours) Cost ($60/hr.) Time (hours) Cost ($44/hr.) Time (hours) Cost ($18/hr.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping........................... 0 $0 25,105 $1,104,620 225,948 $4,067,064 $5,171,684
Disclosures:
Initial terms....................... 1,374 82,440 12,367 544,148 0 0 626,588
Change in terms..................... 804 48,240 7,233 318,252 0 0 366,492
Periodic statements................. 12,285 737,100 110,565 4,864,860 0 0 5,601,960
Error resolution.................... 3,640 218,400 32,760 1,441,440 0 0 1,659,840
Transaction receipts................ 47,198 2,831,880 424,785 18,690,540 0 0 21.522,420
Preauthorized transfers............. 15,621 937,260 140,589 6,185,916 0 0 7,123,176
Service provider notices............ 583 34,980 5,250 231,000 0 0 265,980
ATM notices......................... 10,420 625,200 93,778 4,126,232 0 0 4,751,432
Electronic check conversion......... 2,452 147,120 22,068 970,992 0 0 1,118,112
Overdraft services.................. 800 48,000 7,200 316,800 0 0 364,800
Gift cards.......................... 25,750 1,545,000 231,750 10,197,000 0 0 11,742,000
Remittance transfers:
Disclosures......................... 144,600 8,676,000 1,301,400 57,261,600 0 0 65,937,600
Error resolution.................... 182,040 10,922,400 1,638,360 72,087,840 0 0 83,010,240
Agent compliance.................... 144,600 8,676,000 1,301,400 57,261,600 0 0 65,937,600
Prepaid accounts and gov't. benefits:
Disclosures......................... 113,667 6,820,020 1,023,000 45,012,000 0 0 51,832,020
Disclosures--updates................ 138 8,2808 1,242 54,648 0 0 62,928
Access to account information....... 11,018 661,080 99,165 4,363,260 0 0 5,024,340
Error resolution.................... 1,397 83,820 12,570 553,080 0 0 636,900
Error resolution--followup.......... 69 4,140 621 27,324 0 0 31,464
Submission of agreements............ 29 1,740 259 11,396 0 0 13,136
Updates to agreements............... 6 360 52 2,288 0 0 2,648
---------------------------------------------------------------------------------------------------------------
Total Disclosures............... .............. .............. .............. .............. .............. .............. 327,631,676
---------------------------------------------------------------------------------------------------------------
Total Recordkeeping and .............. .............. .............. .............. .............. .............. 332,803,360
Disclosures................
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Regulation M
The CLA requires that covered entities provide consumers with
accurate disclosure of the costs and terms of leases. Regulation M
implements the CLA, establishing disclosure requirements to help
consumers comparison shop and understand the terms of leases and
recordkeeping requirements. It applies to vehicle lessors (such as auto
dealers, independent leasing companies, and manufacturers' captive
finance companies), computer lessors (such as computer dealers and
other retailers), furniture lessors, various electronic commerce
lessors, diverse types of lease
[[Page 26730]]
advertisers, and others. Staff estimates that Regulation M's
recordkeeping requirements affect approximately 30,203 firms within the
FTC's jurisdiction leasing products to consumers at an average annual
burden of one hour per firm, for a total of 30,203 hours. Burden
estimates relating to the disclosures required under Regulation M and
labor cost estimates are provided in the tables below.
Burden Totals 17
---------------------------------------------------------------------------
\17\ Recordkeeping and disclosure burden estimates for
Regulation M are more substantial for motor vehicle leases than for
other leases, including burden estimates based on market changes and
regulatory definitions of coverage. Based on industry information,
the estimates for recordkeeping and disclosure costs assume the
following: 90% managerial, and 10% skilled technical. As noted
above, for purposes of PRA burden calculations for Regulations B, E,
M, and Z, and given the different types of motor vehicle dealers,
the FTC is including in its estimates burden for all of them.
---------------------------------------------------------------------------
Recordkeeping: 30,203 hours; $1,763,860, associated labor costs.
Disclosures: 71,750 hours; $4,190,200, associated labor costs.
Regulation M--Disclosures--Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Setup/monitoring Transaction-related
---------------------------------------------------------------------------------------------------------------
Average burden
Disclosures Average burden Total setup/ Number of per Total Total burden
Respondents per respondent monitoring transactions transaction transaction (hours)
(hours) burden (hours) (minutes) burden (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Motor Vehicle Leases \1\................ 26,690 1 26,690 4,000,000 .50 33,333 60,023
Other Leases \2\........................ 3,513 .50 1,757 60,000 .25 250 2,007
Advertising............................. 14,615 .50 7,308 578,960 .25 2,412 9,720
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. .............. .............. .............. .............. 71,750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This category focuses on consumer vehicle leases. Vehicle leases are subject to more lease disclosure requirements (pertaining to computation of
payment obligations) than other lease transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR
1013.2(e)(1). CLA and Regulation M now cover leases up to $58,300 plus an annual adjustment.
\2\ This category focuses on all types of consumer leases other than vehicle leases. It includes leases for computers, other electronics, small
appliances, furniture, and other transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR
1013.2(e)(1). CLA and Regulation M now cover leases up to $58,300 plus an annual adjustment.
Regulation M--Recordkeeping and Disclosures--Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Managerial Skilled technical Clerical
Required task ------------------------------------------------------------------------------------------------ Total cost ($)
Time (hours) Cost ($60/hr.) Time (hours) Cost ($44/hr.) Time (hours) Cost ($18/hr.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping........................... 27,183 $1,630,980 3,020 $132,880 0 $0 $1,763,860
Disclosures:
Motor Vehicle Leases................ 54,021 3,241,260 6,002 264,088 0 0 3,505,348
Other Leases........................ 1,806 108,360 201 8,844 0 0 117,204
Advertising......................... 8,748 524,880 972 42,768 0 0 567,648
---------------------------------------------------------------------------------------------------------------
Total Disclosures............... .............. .............. .............. .............. .............. .............. 4,190,200
---------------------------------------------------------------------------------------------------------------
Total Recordkeeping and .............. .............. .............. .............. .............. .............. 5,954,060
Disclosures................
--------------------------------------------------------------------------------------------------------------------------------------------------------
4. Regulation Z
The TILA was enacted to foster comparison credit shopping and
informed credit decisionmaking by requiring creditors and others to
provide accurate disclosures regarding the costs and terms of credit to
consumers. Regulation Z implements the TILA, establishing disclosure
requirements to assist consumers and recordkeeping requirements to
assist agencies with enforcement. These requirements pertain to open-
end and closed-end credit and apply to various types of entities,
including mortgage companies; finance companies; auto dealerships;
private education loan companies; merchants who extend credit for goods
or services; credit advertisers; acquirers of mortgages; and others.
Additional requirements also exist in the mortgage area, including for
high cost mortgages, higher-priced mortgage loans,\18\ ability to pay
of mortgage consumers, mortgage servicing, loan originators, and
certain integrated mortgage disclosures. FTC staff estimates that
Regulation Z's recordkeeping requirements affect approximately 430,762
entities subject to the Commission's jurisdiction, at an average annual
burden of 1.25 hours per entity with .25 additional hours per entity
for 3,650 entities (ability to pay), and 5 additional hours per entity
for 4,500 entities (loan originators). This yields a total annual
recordkeeping burden of 561,866 hours. Burden estimates relating to the
disclosures required under Regulation Z and labor cost estimates are
provided in the tables below.
---------------------------------------------------------------------------
\18\ While Regulation Z also requires the creditor to provide a
short written disclosure regarding the appraisal process for higher-
priced mortgage loans, the disclosure is provided by the CFPB. As a
result, it is not a ``collection of information'' for PRA purposes
(see 5 CFR 1320.3(c)(2)). It is thus excluded from the burden
estimates below.
---------------------------------------------------------------------------
Burden Totals
Recordkeeping: 561,866 hours; $11,574,450, associated labor costs.
Disclosures: 7,854,575 hours; $358,169,628, associated labor costs.
[[Page 26731]]
Regulation Z--Disclosures--Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Setup/monitoring Transaction-related
---------------------------------------------------------------------------------------------------------------
Average burden
Disclosures \1\ Average burden Total setup/ Number of per Total Total burden
Respondents per respondent monitoring transactions transaction transaction (hours)
(hours) burden (hours) (minutes) burden (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Open-end credit:
Initial terms....................... 23,650 .75 17,738 10,500,600 .375 65,629 83,367
Initial terms--prepaid accounts..... 3 \2\ 4 x 1 12 \3\ 3 x 78,667 .125 492 504
Rescission notices.................. 750 .5 375 3,750 .25 16 391
Subsequent disclosures.............. 4,650 .75 3,488 23,250,000 .188 72,850 76,338
Subsequent disclosures--prepaid 3 \4\ 4 x 1 12 \5\ 3 x 78,667 .0625 246 258
accounts...........................
Periodic statements................. 23,650 .75 17,738 788,325,450 .0938 1,232,415 1,250,153
Periodic statements--prepaid 3 \6\ 40 x 1 120 \7\ 3 x .03125 1,475 1,595
accounts........................... 944,000
Error resolution.................... 23,650 .75 17,738 2,104,850 6 210,485 228,223
Error resolution--prepaid accounts 3 \8\ 4 x 1 12 \9\ 3 x 1,180 15 885 897
followup...........................
Credit and charge card accounts..... 10,250 .75 7,688 5,125,000 .375 32,031 39,719
Credit and charge card accounts-- 3 \10\ 4 x 1 12 \11\ 3 x 12 240 144 156
prepaid accounts...................
Settlement of estate debts.......... 23,650 .75 17,738 496,650 .375 3,104 20,842
Special credit card requirements.... 10,250 .75 7,688 5,125,000 .375 32,031 39,719
Home equity lines of credit......... 750 .5 375 5,250 .25 22 397
Home equity lines of credit high- 250 2 500 1,500 2 50 550
cost mortgages.....................
College student credit card 1,350 .5 675 81,000 .25 338 1,013
marketing--ed. institutions........
College student credit card 150 .75 113 4,500 .75 56 169
marketing--card issuer reports.....
Posting and reporting of credit card 10,250 .75 7,688 5,125,000 .375 32,031 39,719
agreements.........................
Posting and reporting of prepaid 3 \12\ .75 x 1 2 \13\ 3 x 5 2.5 1 3
account agreements.................
Advertising......................... 38,650 .75 28,988 115,950 .75 1,449 30,437
Advertising--prepaid accounts....... 3 \14\ 20 x 1 60 N/A .............. .............. 60
Advertising--prepaid accounts 3 \15\ 0.2 x 5 3 N/A .............. .............. 3
Updates............................
Sale, transfer, or assignment of 500 .5 250 500,000 .25 2,083 2,333
mortgages..........................
Appraiser misconduct reporting...... 301,150 .75 225,863 6,023,000 .375 37,644 263,507
Mortgage servicing.................. 1,500 .75 1,125 150,000 .5 1,250 2,375
Loan originators.................... 2,250 2 4,500 22,500 5 1,875 6,375
---------------------------------------------------------------------------------------------------------------
Closed-end credit:
Credit disclosures.................. 280,762 .75 210,572 112,304,800 2.25 4,211,430 4,422,002
Rescission notices.................. 3,650 .5 1,825 5,475,000 1 91,250 93,075
Redisclosures....................... 101,150 .5 50,575 505,750 2.25 18,966 69,541
Integrated mortgage disclosures..... 3,650 10 36,500 10,950,000 3.5 638,750 675,250
Variable rate mortgages............. 3,650 1 3,650 365,000 1.75 10,646 14,296
High cost mortgages................. 1,750 1 1,750 43,750 2 1,458 3,208
Higher priced mortgages............. 1,750 1 1,750 14,000 2 467 2,217
Reverse mortgages................... 3,025 .5 1,513 15,125 1 252 1,765
Advertising......................... 205,762 .5 102,881 2,057,620 1 34,294 137,175
Private education loans............. 75 .5 38 30,000 1.5 750 788
Sale, transfer, or assignment of 48,850 .5 24,425 2,442,500 .25 10,177 34,602
mortgages..........................
Ability to pay/qualified mortgage... 3,650 .75 2,738 0 0 0 2,738
Appraiser misconduct reporting...... 301,150 .75 225,863 6,023,000 .375 37,644 263,507
Mortgage servicing.................. 3,650 1.5 5,475 730,000 2.75 33,458 38,933
Loan originators.................... 2,250 2 4,500 22,500 5 1,875 6,375
---------------------------------------------------------------------------------------------------------------
Total open-end credit........... .............. .............. .............. .............. .............. .............. 2,089,103
---------------------------------------------------------------------------------------------------------------
Total closed-end credit......... .............. .............. .............. .............. .............. .............. 5,765,472
---------------------------------------------------------------------------------------------------------------
Total credit................ .............. .............. .............. .............. .............. .............. 7,854,575
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Regulation Z requires disclosures for closed-end and open-end credit. TILA and Regulation Z now cover credit up to $58,300 plus an annual adjustment
(except that real estate credit and private education loans are covered regardless of amount).
\2\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\3\ This figure lists the number of entities followed by the number of responses or programs each.
\4\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\5\ This figure lists the number of entities followed by the number of responses or programs each.
\6\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\7\ This figure lists the number of entities followed by the number of responses or programs each.
\8\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\9\ This figure lists the number of entities followed by the number of responses or programs each.
\10\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\11\ This figure lists the number of entities followed by the number of responses or programs each.
\12\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\13\ This figure lists the number of entities followed by the number of responses or programs each.
\14\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
\15\ Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.
[[Page 26732]]
Regulation Z--Recordkeeping and Disclosures--Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Managerial Skilled technical Clerical
Required task ------------------------------------------------------------------------------------------------ Total cost ($)
Time (hours) Cost ($60/hr.) Time (hours) Cost ($44/hr.) Time (hours) Cost ($18/hr.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping........................... 0 $0 56,187 $2,472,228 505,679 $9,102,222 $11,574,450
Open-end credit Disclosures:
Initial terms....................... 8,337 500,220 75,030 3,301,220 0 0 3,301,540
Initial terms--prepaid accounts..... 50 3,000 454 19,776 0 0 22,976
Rescission notices.................. 39 2,340 352 15,488 0 0 17,828
Subsequent disclosures.............. 7,634 458,040 68,704 3,022,976 0 0 3,481,016
Subsequent disclosures--prepaid 26 1.560 232 10,208 0 0 11,768
accounts...........................
Periodic statements................. 125,015 7,500,900 1,125,138 49,506,072 0 0 57,006,972
Periodic statements--prepaid 159 9,540 1436 63,184 0 0 72,724
accounts...........................
Error resolution.................... 22,822 1,369,320 205,401 9,037,644 0 0 10,406,964
Error resolution--prepaid accounts 90 5,400 807 35,508 0 0 40,908
followup...........................
Credit and charge card accounts..... 3,972 238,320 35,747 1,572,868 0 0 1,811,188
Credit and charge card accounts-- 16 960 140 6,160 0 0 7,120
prepaid accounts...................
Settlement of estate debts.......... 2,084 125,040 18,758 825,352 0 0 950,392
Special credit card requirements.... 3,972 238,320 35,747 1,572,868 0 0 1,811,188
Home equity lines of credit......... 40 2,400 357 15,708 0 0 18,108
Home equity lines of credit--high 55 3,300 495 21,780 0 0 25,080
cost mortgages.....................
College student credit card 101 6,060 912 40,128 0 0 46,188
marketing--ed institutions.........
College student credit card 17 1,020 152 6,688 0 0 7,708
marketing--card issuer reports.....
Posting and reporting of credit card 3,972 238,320 35,747 1,572,868 0 0 1,811,188
agreements.........................
Posting and reporting of prepaid 1 60 2 88 0 0 148
accounts...........................
Advertising......................... 3,044 182,640 27,393 1,205,292 0 0 1,388,932
Advertising--prepaid accounts....... 6 360 54 2,376 0 0 2,736
Advertising--prepaid accounts 1 60 2 88 0 0 148
Updates............................
Sale, transfer, or assignment of 233 13,980 2,100 92,400 0 0 106,380
mortgages..........................
Appraiser misconduct reporting...... 26,351 1,581,060 237,156 10,434,864 0 0 12,015,924
Mortgage servicing.................. 238 14,280 2,137 94,028 0 0 108,308
Loan originators.................... 638 38,280 5,737 252,428 0 0 290,708
---------------------------------------------------------------------------------------------------------------
Total open-end credit........... .............. .............. .............. .............. .............. .............. 95,264,140
Closed-end credit Disclosures:
Credit disclosures.................. 442,200 26,532,000 3,979,802 175,111,288 0 0 201,643,208
Rescission notices.................. 9,308 558,480 83,767 3,685,748 0 0 4,244,228
Redisclosures....................... 6,954 417,240 62,587 2,753,828 0 0 3,171,068
Integrated mortgage disclosures..... 67,525 4,051,500 607,725 26,739,900 0 0 30,791,400
Variable rate mortgages............. 1,430 85,800 12,866 566,104 0 0 651,904
High cost mortgages................. 321 19,260 2,887 127,028 0 0 146,288
Higher priced mortgages............. 222 13,320 1,995 87,780 0 0 101,100
Reverse mortgages................... 177 10,620 1,588 69,872 0 0 80,492
Advertising......................... 13,718 823,080 123,457 5,432,108 0 0 6,255,188
Private education loans............. 79 4,740 709 31,196 0 0 35,936
Sale, transfer, or assignment of 3,460 207,600 31,142 1,370,248 0 0 1,577,848
mortgages..........................
Ability to pay/qualified mortgage... 274 16,440 2,464 108,416 0 0 124,856
Appraiser misconduct reporting...... 26,351 1,581,060 237,156 10,434,864 0 0 12,015,924
Mortgage servicing.................. 3,893 233,580 35,040 1,541,760 0 0 1,775,340
Loan originators.................... 638 38,280 5,737 252,428 0 0 290,708
---------------------------------------------------------------------------------------------------------------
Total closed-end credit......... .............. .............. .............. .............. .............. .............. 262,905,488
---------------------------------------------------------------------------------------------------------------
Total Disclosures............... .............. .............. .............. .............. .............. .............. 358,169,628
---------------------------------------------------------------------------------------------------------------
Total Recordkeeping and .............. .............. .............. .............. .............. .............. 369,744,078
Disclosures................
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 useful; (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.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before July 16, 2021.
Write ``Regs BEMZ, PRA Comments, P084812'' on your comment. 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.
Because of the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We strongly
encourage
[[Page 26733]]
you to submit your comment online through the https://www.regulations.gov website. To ensure the Commission considers your
online comment, please follow the instructions on the web-based form.
If you file your comment on paper, write ``Regs BEMZ, PRA Comments,
P084812'' 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 (Annex J), 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 https://www.regulations.gov,
you are solely responsible for making sure that your comment does not
include any sensitive or confidential information. In particular, your
comment should not include any sensitive personal information, such as
your or anyone else's Social Security number, date of birth, driver's
license number or other state identification number or foreign country
equivalent, passport number, financial account number, or credit or
debit card number. You are also solely responsible for making sure that
your comment does not include 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. Your comment will be kept confidential only if the
FTC General Counsel grants your request in accordance with the law and
the public interest. Once your comment has been posted on https://www.regulations.gov, we cannot redact or remove your comment from that
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 July 16, 2021.
For information on the Commission's privacy policy, including routine
uses permitted by the Privacy Act, see https://www.ftc.gov/siteinformation/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021-10285 Filed 5-14-21; 8:45 am]
BILLING CODE 6750-01-P