Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 11917-11919 [2023-03888]
Download as PDF
Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2022–0058; FRL–10749–01–
OMS]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
NSPS for Sewage Sludge Treatment
Plants (Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) has submitted an
information collection request (ICR),
NSPS for Sewage Sludge Treatment
Plants (EPA ICR Number 1063.15, OMB
Control Number 2060–0035), to the
Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act. This is a proposed
extension of the ICR, which is currently
approved through March 31, 2023.
Public comments were previously
requested via the Federal Register on
July 22, 2022 during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
DATES: Comments may be submitted on
or before March 27, 2023.
ADDRESSES: Submit your comments,
referencing Docket ID Number EPA–
HQ–OAR–2022–0058, to EPA online
using www.regulations.gov, (our
preferred method), or by email to a-andr-Docket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460. EPA’s policy is
that all comments received will be
included in the public docket without
change, including any personal
information provided, unless the
comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI), or other
information whose disclosure is
restricted by statute.
Submit written comments and
recommendations to OMB for the
proposed information collection within
30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
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SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Muntasir Ali, Sector Policies and
Program Division (D243–05), Office of
Air Quality Planning and Standards,
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U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
0833; email address: ali.muntasir@
epa.gov.
This is a
proposed extension of the ICR, which is
currently approved through March 31,
2023. An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
Public comments were previously
requested via the Federal Register on
July 22, 2022 during a 60-day comment
period (87 FR 438434). This notice
allows for an additional 30 days for
public comments. Supporting
documents, which explain in detail the
information that the EPA will be
collecting, are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The telephone number for the Docket
Center is 202–566–1744. For additional
information about EPA’s public docket,
visit https://www.epa.gov/dockets.
Abstract: The New Source
Performance Standards (NSPS) for
Sewage Sludge Treatment Plants (40
CFR part 60, subpart O) were proposed
on August 17, 1971; promulgated on
December 23, 1971; and most-recently
amended on February 27, 2014. These
regulations apply to each incinerator
which either combusts wastes that
contain more than 10 percent sewage
sludge (dry basis) produced by
municipal sewage treatment plants or
each incinerator which charges more
than 1,000 kg (2,205 lb) per day
municipal sewage sludge (dry basis).
New facilities include those that either
commenced construction, modification,
or reconstruction after the date of
proposal. These standards set emission
limitation for particulate matter (PM).
This information is being collected to
assure compliance with 40 CFR part 60,
subpart O.
In general, all NESHAP standards
require initial notifications,
performance tests, and periodic reports
by owners/operators of the affected
facilities. They are also required to
maintain records of the occurrence and
duration of any startup, shutdown, or
malfunction in the operation of an
affected facility, or any period during
which the monitoring system is
inoperative. These notification, reports,
and records are essential in determining
compliance, and are required of all
affected facilities subject to NSPS.
SUPPLEMENTARY INFORMATION:
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11917
Form Numbers: None.
Respondents/affected entities: Sewage
sludge treatment plants.
Respondent’s obligation to respond:
Mandatory (40 CFR part 60, subpart O).
Estimated number of respondents:
103 facilities (total).
Frequency of response: Initially,
occasionally, and semiannually.
Total estimated burden: 12,000 hours
(per year). Burden is defined at 5 CFR
1320.3(b).
Total estimated cost: $5,250,000 (per
year), which includes $3,810,000 in
annualized capital/startup and/or
operation & maintenance costs.
Changes in the Estimates: There is an
adjustment increase in the total
estimated burden as currently identified
in the OMB Inventory of Approved
Burdens. The adjustment increase in
burden from the most-recently approved
ICR is due to more accurate estimates of
existing and anticipated new sources.
There is an increase in the capital and
O&M costs due to the updated estimates
of existing and anticipated new sources.
Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023–03823 Filed 2–23–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), the Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) is seeking
public comment on its proposal to
extend for an additional three years the
Office of Management and Budget
clearance for information collection
requirements in its Fair Credit Reporting
Risk-Based Pricing Regulations (‘‘RiskBased Pricing Rule’’ or ‘‘Rule’’), which
applies to certain motor vehicle dealers,
and its shared enforcement with the
Consumer Financial Protection Bureau
(‘‘CFPB’’) of the risk-based pricing
provisions (Subpart H) of the CFPB’s
Regulation V regarding other entities.
That clearance expires on September 30,
2023.
DATES: Comments must be filed by April
25, 2023.
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
SUMMARY:
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11918
Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Notices
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below. Write ‘‘Risk-Based Pricing Rule,
PRA Comment, P145403,’’ on your
comment, and file your comment online
at https://www.regulations.gov by
following the instructions on the webbased form. If you prefer to file your
comment on paper, mail your comment
to the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
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:
Genevieve Bonan, Attorney, Division of
Privacy and Identity Protection, Bureau
of Consumer Protection, 400 7th Street
SW, Drop 5422, Washington, DC 20024,
gbonan@ftc.gov, (202) 326–3139.
SUPPLEMENTARY INFORMATION:
Title of Collection: Fair Credit
Reporting Risk-Based Pricing
Regulations, 16 CFR part 640.
OMB Control Number: 3084–0145.
Type of Review: Extension without
change of currently approved collection.
Abstract: The Dodd-Frank Wall Street
Reform and Consumer Protection Act
(‘‘Dodd-Frank Act’’) was enacted on July
21, 2010.1 The Dodd-Frank Act
transferred to the CFPB most of the
FTC’s rulemaking authority for the riskbased pricing provisions of the Fair
Credit Reporting Act (‘‘FCRA’’),2 on July
21, 2011.3 After the enactment of the
Dodd-Frank Act, the FTC retains
rulemaking authority for its Risk-Based
Pricing Rule (16 CFR part 640) solely for
motor vehicle dealers described in
section 1029(a) of the Dodd-Frank Act
that are predominantly engaged in the
sale and servicing of motor vehicles, the
leasing and servicing of motor vehicles,
or both.4 The FTC shares enforcement
authority with the CFPB for provisions
of Regulation V Subpart H (12 CFR
1022.70–1022.75) that apply to entities
other than motor vehicle dealers
described above.
The Risk-Based Pricing Rule and the
CFPB’s Regulation V require that a
creditor provide a risk-based pricing
notice to a consumer when the creditor
uses a consumer report to grant or
extend credit to the consumer on
1 Public
Law 111–203, 124 Stat. 1376 (2010).
15 U.S.C. 1681 et seq.
3 Dodd-Frank Act, sec. 1061. This date was the
‘‘designated transfer date’’ established by the
Treasury Department under the Dodd-Frank Act.
See Dep’t of the Treasury, Bureau of Consumer
Financial Protection; Designated Transfer Date, 75
FR 57252, 57253 (Sept. 20, 2010); see also DoddFrank Act, sec. 1062.
4 See Dodd-Frank Act, secs. 1029(a), (c).
2
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material terms that are materially less
favorable than the most favorable terms
available to a substantial proportion of
consumers from or through that
creditor.5 Additionally, these provisions
require disclosure of credit scores and
information relating to credit scores in
risk-based pricing notices if a credit
score of the consumer is used in setting
the material terms of credit.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
8,951,460.
Estimated Annual Labor Costs:
$179,566,288.
As required by section 3506(c)(2)(A)
of the PRA, 44 U.S.C. 3506(c)(2)(A), the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing clearance for
the information collection requirements
contained in the Risk-Based Pricing
Rule.
Burden Statement
The Commission estimates that
approximately 238,346 entities are
covered by the FTC and CFPB Rules,6
including 60,036 motor vehicle dealers
that are subject to exclusive FTC
jurisdiction.7 The FTC assumes the full
burden for the motor vehicle dealers
subject to its exclusive jurisdiction and
shares burden for the remaining entities
subject to both CFPB and FTC
enforcement authority. Accordingly, as
5 16
CFR 640.3–640.4; 12 CFR 1022.72–1022.73.
NAICS Association, LLC, NAICS Code DrillDown Table, available at https://www.naics.com/
search/ (the categories of covered entities include
‘‘Furniture and Home Furnishings Retailers,’’
‘‘Electronics and Appliance Retailers’’,
‘‘Automobile Dealers,’’ ‘‘Other Motor Vehicle
Dealers,’’ ‘‘Consumer Lending,’’ and ‘‘Utilities’’)
(last visited Feb. 8, 2023). See also U.S. Census
Bureau, All Sectors: County Business Patterns,
including ZIP Code Business Patterns, by Legal
Form of Organization and Employment Size Class
for the U.S., States, and Selected Geographies: 2020,
https://data.census.gov/table?q=Business+and+
Economy&n=221 (for utilities). The estimate also
includes state-chartered credit unions, which are
subject to the Commission’s jurisdiction. See 15
U.S.C. 1681s. For the latter category, Commission
staff relied on estimates from the Credit Union
National Association for the number of non-federal
credit unions. See National Credit Union
Administration, 2022q3 Call Report Data: Federally
Insured Credit Unions, https://ncua.gov/files/
publications/analysis/federally-insured-creditunion-list-september-2022.zip (Sep. 2022).
7 See U.S. Census Bureau, All Sectors: County
Business Patterns, including ZIP Code Business
Patterns, by Legal Form of Organization and
Employment Size Class for the U.S., States, and
Selected Geographies: 2020, https://
data.census.gov/table?q=car+dealers+in+2020&n=
44111:44112:44121:441222:441228&tid=CBP2020.
CB2000CBP&nkd=EMPSZES∼001,LFO∼001. This
total is based on estimates that there are 46,569
franchise/new car and independent/used car
dealers in the U.S., as well as 2,806 recreational
vehicle dealers, 4,141 boat dealers, and 6,520 ATV/
other motor vehicle dealers.
6 See
PO 00000
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Fmt 4703
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an analytical framework, the FTC
estimates burden pertaining to
respondents over which both agencies
have shared enforcement authority,
divides the resulting total by one-half to
reflect the FTC’s shared burden, and
adds to the resulting subtotal the
estimated burden for motor vehicle
dealers over which the FTC retains
exclusive rulemaking and enforcement
authority.
This yields a total of 149,191
respondents for whom the FTC accounts
for burden (60,036 motor vehicle dealers
plus one-half (i.e., 89,155) of the
remaining 178,310 entities subject to
shared FTC–CFPB jurisdiction). The
FTC estimates that covered entities
spend approximately 60 hours per year
to comply with the Rule’s requirements.
As a result, the FTC estimates that the
total burden hours attributable to FTC
requirements are 8,951,460 hours
(149,161 respondents × 60 hours).
Labor costs are derived by applying
estimated hourly cost figures to the
burden hours described above. The FTC
assumes that respondents will use
correspondence clerks, at a mean hourly
wage of $20.06,8 to modify and
distribute notices to consumers, for a
cumulative labor cost total of
$179,566,288 (8,951,460 hours × $20.06
per hour).
The FTC believes that the FTC and
CFPB rules impose negligible capital or
other non-labor costs, as the affected
entities are likely to have the necessary
supplies and/or equipment already (e.g.,
offices and computers) for the
information collections discussed
above.
Request for Comment
Pursuant to section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) whether the disclosure and
recordkeeping requirements are
necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (3) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) ways to minimize the burden of the
collection of information.
For the FTC to consider a comment,
we must receive it on or before April 25,
2023. Your comment, including your
name and your state, will be placed on
the public record of this proceeding,
8 See Bureau of Labor Statistics, Occupational
Employment and Wages News Release, May 2021,
Table 1, ‘‘National employment and wage data from
the Occupational Employment Statistics survey by
occupation, May 2021,’’ available at https://
www.bls.gov/news.release/ocwage.htm.
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ddrumheller on DSK120RN23PROD with NOTICES
Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Notices
including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to 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 encourage you to
submit your comments online through
the https://www.regulations.gov
website.
If you file your comment on paper,
write ‘‘Risk-Based Pricing Rule, PRA
Comment, P145403,’’ on your comment
and on the envelope, and mail it 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,
submit your paper comment to the
Commission by courier or overnight
service.
Because your comment will become
publicly available at 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 any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including, in particular, competitively
sensitive information, such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must (1) be filed in paper
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) comply with
FTC Rule 4.9(c). In particular, the
written request for confidential
treatment that accompanies the
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18:15 Feb 23, 2023
Jkt 259001
comment must include the factual and
legal basis for the request and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted publicly at
www.regulations.gov, we cannot redact
or remove your comment unless you
submit a confidentiality request that
meets the requirements for such
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before April 25, 2023. For information
on the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/
site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023–03888 Filed 2–23–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
National Vaccine Injury Compensation
Program; List of Petitions Received
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services (HHS).
ACTION: Notice.
AGENCY:
HRSA is publishing this
notice of petitions received under the
National Vaccine Injury Compensation
Program (the Program), as required by
the Public Health Service (PHS) Act, as
amended. While the Secretary of HHS is
named as the respondent in all
proceedings brought by the filing of
petitions for compensation under the
Program, the United States Court of
Federal Claims is charged by statute
with responsibility for considering and
acting upon the petitions.
FOR FURTHER INFORMATION CONTACT: For
information about requirements for
filing petitions, and the Program in
general, contact Lisa L. Reyes, Clerk of
Court, United States Court of Federal
Claims, 717 Madison Place NW,
Washington, DC 20005, (202) 357–6400.
SUMMARY:
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Frm 00032
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11919
For information on HRSA’s role in the
Program, contact the Director, National
Vaccine Injury Compensation Program,
5600 Fishers Lane, Room 08N146B,
Rockville, Maryland 20857; (301) 443–
6593, or visit our website at: https://
www.hrsa.gov/vaccinecompensation/
index.html.
The
Program provides a system of no-fault
compensation for certain individuals
who have been injured by specified
childhood vaccines. Subtitle 2 of Title
XXI of the PHS Act, 42 U.S.C. 300aa–
10 et seq., provides that those seeking
compensation are to file a petition with
the United States Court of Federal
Claims and to serve a copy of the
petition to the Secretary of HHS, who is
named as the respondent in each
proceeding. The Secretary has delegated
this responsibility under the Program to
HRSA. The Court is directed by statute
to appoint special masters who take
evidence, conduct hearings as
appropriate, and make initial decisions
as to eligibility for, and amount of,
compensation.
A petition may be filed with respect
to injuries, disabilities, illnesses,
conditions, and deaths resulting from
vaccines described in the Vaccine Injury
Table (the Table) set forth at 42 CFR
100.3. This Table lists for each covered
childhood vaccine the conditions that
may lead to compensation and, for each
condition, the time period for
occurrence of the first symptom or
manifestation of onset or of significant
aggravation after vaccine
administration. Compensation may also
be awarded for conditions not listed in
the Table and for conditions that are
manifested outside the time periods
specified in the Table, but only if the
petitioner shows that the condition was
caused by one of the listed vaccines.
Section 2112(b)(2) of the PHS Act, 42
U.S.C. 300aa–12(b)(2), requires that
‘‘[w]ithin 30 days after the Secretary
receives service of any petition filed
under section 2111 the Secretary shall
publish notice of such petition in the
Federal Register.’’ Set forth below is a
list of petitions received by HRSA on
January 1, 2023, through January 31,
2023. This list provides the name of the
petitioner, city, and state of vaccination
(if unknown then the city and state of
the person or attorney filing the claim),
and case number. In cases where the
Court has redacted the name of a
petitioner and/or the case number, the
list reflects such redaction.
Section 2112(b)(2) also provides that
the special master ‘‘shall afford all
interested persons an opportunity to
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Notices]
[Pages 11917-11919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03888]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995
(``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comment on its proposal to extend for an additional
three years the Office of Management and Budget clearance for
information collection requirements in its Fair Credit Reporting Risk-
Based Pricing Regulations (``Risk-Based Pricing Rule'' or ``Rule''),
which applies to certain motor vehicle dealers, and its shared
enforcement with the Consumer Financial Protection Bureau (``CFPB'') of
the risk-based pricing provisions (Subpart H) of the CFPB's Regulation
V regarding other entities. That clearance expires on September 30,
2023.
DATES: Comments must be filed by April 25, 2023.
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
[[Page 11918]]
below. Write ``Risk-Based Pricing Rule, PRA Comment, P145403,'' on your
comment, and file your comment online at https://www.regulations.gov by
following the instructions on the web-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: Genevieve Bonan, Attorney, Division of
Privacy and Identity Protection, Bureau of Consumer Protection, 400 7th
Street SW, Drop 5422, Washington, DC 20024, [email protected], (202) 326-
3139.
SUPPLEMENTARY INFORMATION:
Title of Collection: Fair Credit Reporting Risk-Based Pricing
Regulations, 16 CFR part 640.
OMB Control Number: 3084-0145.
Type of Review: Extension without change of currently approved
collection.
Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection
Act (``Dodd-Frank Act'') was enacted on July 21, 2010.\1\ The Dodd-
Frank Act transferred to the CFPB most of the FTC's rulemaking
authority for the risk-based pricing provisions of the Fair Credit
Reporting Act (``FCRA''),\2\ on July 21, 2011.\3\ After the enactment
of the Dodd-Frank Act, the FTC retains rulemaking authority for its
Risk-Based Pricing Rule (16 CFR part 640) solely for motor vehicle
dealers described in section 1029(a) of the Dodd-Frank Act that are
predominantly engaged in the sale and servicing of motor vehicles, the
leasing and servicing of motor vehicles, or both.\4\ The FTC shares
enforcement authority with the CFPB for provisions of Regulation V
Subpart H (12 CFR 1022.70-1022.75) that apply to entities other than
motor vehicle dealers described above.
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376 (2010).
\2\ 15 U.S.C. 1681 et seq.
\3\ Dodd-Frank Act, sec. 1061. This date was the ``designated
transfer date'' established by the Treasury Department under the
Dodd-Frank Act. See Dep't of the Treasury, Bureau of Consumer
Financial Protection; Designated Transfer Date, 75 FR 57252, 57253
(Sept. 20, 2010); see also Dodd-Frank Act, sec. 1062.
\4\ See Dodd-Frank Act, secs. 1029(a), (c).
---------------------------------------------------------------------------
The Risk-Based Pricing Rule and the CFPB's Regulation V require
that a creditor provide a risk-based pricing notice to a consumer when
the creditor uses a consumer report to grant or extend credit to the
consumer on material terms that are materially less favorable than the
most favorable terms available to a substantial proportion of consumers
from or through that creditor.\5\ Additionally, these provisions
require disclosure of credit scores and information relating to credit
scores in risk-based pricing notices if a credit score of the consumer
is used in setting the material terms of credit.
---------------------------------------------------------------------------
\5\ 16 CFR 640.3-640.4; 12 CFR 1022.72-1022.73.
---------------------------------------------------------------------------
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 8,951,460.
Estimated Annual Labor Costs: $179,566,288.
As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the Risk-Based Pricing
Rule.
Burden Statement
The Commission estimates that approximately 238,346 entities are
covered by the FTC and CFPB Rules,\6\ including 60,036 motor vehicle
dealers that are subject to exclusive FTC jurisdiction.\7\ The FTC
assumes the full burden for the motor vehicle dealers subject to its
exclusive jurisdiction and shares burden for the remaining entities
subject to both CFPB and FTC enforcement authority. Accordingly, as an
analytical framework, the FTC estimates burden pertaining to
respondents over which both agencies have shared enforcement authority,
divides the resulting total by one-half to reflect the FTC's shared
burden, and adds to the resulting subtotal the estimated burden for
motor vehicle dealers over which the FTC retains exclusive rulemaking
and enforcement authority.
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\6\ See NAICS Association, LLC, NAICS Code Drill-Down Table,
available at https://www.naics.com/search/ (the categories of
covered entities include ``Furniture and Home Furnishings
Retailers,'' ``Electronics and Appliance Retailers'', ``Automobile
Dealers,'' ``Other Motor Vehicle Dealers,'' ``Consumer Lending,''
and ``Utilities'') (last visited Feb. 8, 2023). See also U.S. Census
Bureau, All Sectors: County Business Patterns, including ZIP Code
Business Patterns, by Legal Form of Organization and Employment Size
Class for the U.S., States, and Selected Geographies: 2020, https://data.census.gov/table?q=Business+and+Economy&n=221 (for utilities).
The estimate also includes state-chartered credit unions, which are
subject to the Commission's jurisdiction. See 15 U.S.C. 1681s. For
the latter category, Commission staff relied on estimates from the
Credit Union National Association for the number of non-federal
credit unions. See National Credit Union Administration, 2022q3 Call
Report Data: Federally Insured Credit Unions, https://ncua.gov/files/publications/analysis/federally-insured-credit-union-list-september-2022.zip (Sep. 2022).
\7\ See U.S. Census Bureau, All Sectors: County Business
Patterns, including ZIP Code Business Patterns, by Legal Form of
Organization and Employment Size Class for the U.S., States, and
Selected Geographies: 2020, https://data.census.gov/
table?q=car+dealers+in+2020&n=44111:44112:44121:441222:441228&tid=CBP
2020.CB2000CBP&nkd=EMPSZES~001,LFO~001. This total is based on
estimates that there are 46,569 franchise/new car and independent/
used car dealers in the U.S., as well as 2,806 recreational vehicle
dealers, 4,141 boat dealers, and 6,520 ATV/other motor vehicle
dealers.
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This yields a total of 149,191 respondents for whom the FTC
accounts for burden (60,036 motor vehicle dealers plus one-half (i.e.,
89,155) of the remaining 178,310 entities subject to shared FTC-CFPB
jurisdiction). The FTC estimates that covered entities spend
approximately 60 hours per year to comply with the Rule's requirements.
As a result, the FTC estimates that the total burden hours attributable
to FTC requirements are 8,951,460 hours (149,161 respondents x 60
hours).
Labor costs are derived by applying estimated hourly cost figures
to the burden hours described above. The FTC assumes that respondents
will use correspondence clerks, at a mean hourly wage of $20.06,\8\ to
modify and distribute notices to consumers, for a cumulative labor cost
total of $179,566,288 (8,951,460 hours x $20.06 per hour).
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\8\ See Bureau of Labor Statistics, Occupational Employment and
Wages News Release, May 2021, Table 1, ``National employment and
wage data from the Occupational Employment Statistics survey by
occupation, May 2021,'' available at https://www.bls.gov/news.release/ocwage.htm.
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The FTC believes that the FTC and CFPB rules impose negligible
capital or other non-labor costs, as the affected entities are likely
to have the necessary supplies and/or equipment already (e.g., offices
and computers) for the information collections discussed above.
Request for Comment
Pursuant to section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) whether the disclosure and recordkeeping requirements
are necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (3) ways to enhance the
quality, utility, and clarity of the information to be collected; and
(4) ways to minimize the burden of the collection of information.
For the FTC to consider a comment, we must receive it on or before
April 25, 2023. Your comment, including your name and your state, will
be placed on the public record of this proceeding,
[[Page 11919]]
including the https://www.regulations.gov website.
You can file a comment online or on paper. Due to 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 encourage you to submit your comments
online through the https://www.regulations.gov website.
If you file your comment on paper, write ``Risk-Based Pricing Rule,
PRA Comment, P145403,'' on your comment and on the envelope, and mail
it 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, submit your paper comment to the Commission by
courier or overnight service.
Because your comment will become publicly available at 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
any sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including, in particular, competitively sensitive
information, such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must (1) be filed in paper form, (2) be clearly labeled
``Confidential,'' and (3) comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted publicly at www.regulations.gov, we cannot redact or remove
your comment unless you submit a confidentiality request that meets the
requirements for such treatment under FTC Rule 4.9(c), and the General
Counsel grants that request.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives on or before April 25,
2023. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023-03888 Filed 2-23-23; 8:45 am]
BILLING CODE 6750-01-P