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. ddrumheller on DSK120RN23PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and Program Division (D243–05), Office of Air Quality Planning and Standards, VerDate Sep<11>2014 18:15 Feb 23, 2023 Jkt 259001 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: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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: E:\FR\FM\24FEN1.SGM 24FEN1 11918 Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES 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 VerDate Sep<11>2014 18:15 Feb 23, 2023 Jkt 259001 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 Frm 00031 Fmt 4703 Sfmt 4703 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. E:\FR\FM\24FEN1.SGM 24FEN1 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 VerDate Sep<11>2014 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: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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: E:\FR\FM\24FEN1.SGM 24FEN1

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.