FTC Collaboration Act of 2021 Study, 38510-38513 [2023-12507]

Download as PDF 38510 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Notices the News and Events section. You MUST register in advance to attend this meeting. Date: June 14, 2023. Time: 10:00 a.m. ET. Status: Open. Reports Chair Executive Director Grants Financial Notation Votes Action and Discussion Items Approval of Minutes March 15, 2023 Quarterly Meeting Minutes April 12, 2023 Special Meeting Minutes April 17, 2023 Special Meeting Minutes April 19, 2023 Special Meeting Minutes May 3, 2023 Special Meeting Minutes May 30, 2023 Special Meeting Minutes Staffing Proposal How To Attend and Observe an ASC Meeting The meeting will be open to the public via live webcast only. Visit the Agency’s homepage (www.asc.gov) and access the provided registration link in the News and Events section. The meeting space is intended to accommodate public attendees. However, if the space will not accommodate all requests, the ASC may refuse attendance on that reasonable basis. The use of any video or audio tape recording device, photographing device, or any other electronic or mechanical device designed for similar purposes is prohibited at ASC meetings. James R. Park, Executive Director. [FR Doc. 2023–12534 Filed 6–12–23; 8:45 am] BILLING CODE 6700–01–P FEDERAL TRADE COMMISSION FTC Collaboration Act of 2021 Study Federal Trade Commission. Request for public comments. AGENCY: ACTION: The FTC Collaboration Act of 2021 directs the Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) to ‘‘provide opportunity for public comment and advice’’ relevant to the production of a study concerning certain specified topics related to ‘‘efforts with State Attorneys General to prevent, publicize, and penalize frauds and scams being perpetrated on ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:45 Jun 12, 2023 Jkt 259001 individuals in the United States.’’ The Commission is soliciting written comments from interested persons, entities, and organizations on one or more of the topics described in the SUPPLEMENTARY INFORMATION section below. DATES: Comments must be received by August 14, 2023. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Public Comments portion of the SUPPLEMENTARY INFORMATION section below. Write ‘‘FTC Collaboration Act of 2021 Study (Project No. P238400)’’ on your comment and file your comment online through https:// www.regulations.gov. If you prefer to file a comment in hard copy, please write ‘‘FTC Collaboration Act of 2021 Study (Project No. P238400)’’ 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 R), Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Robert J. Quigley, Attorney, (310) 824– 4334, and Miles D. Freeman, Attorney, (310) 824–4332, Western Region Los Angeles, Bureau of Consumer Protection, Federal Trade Commission, 10990 Wilshire Blvd., Ste. 400, Los Angeles, CA 90024. SUPPLEMENTARY INFORMATION: I. General Background Information The mission of the Federal Trade Commission is to protect the public from deceptive or unfair business practices and from unfair methods of competition through law enforcement, advocacy, research, and education. Many State Attorneys General have similar missions within their States, in addition to other responsibilities. These complementary missions present numerous opportunities for the Commission and State Attorneys General to share information and collaborate on matters involving consumer protection. On October 10, 2022, President Biden signed into law the FTC Collaboration Act of 2021.1 The Act directs the Commission to ‘‘conduct a study on facilitating and refining existing efforts with State Attorneys General to prevent, publicize, and penalize frauds and scams being perpetrated on individuals in the United States.’’ 2 The results of this study will inform a report, which 1 Public 2 Id. PO 00000 Law 117–187, 136 Stat. 2201 (2022). at sec. 2(a)(1). Frm 00033 Fmt 4703 Sfmt 4703 the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.3 In addition to setting forth the results of the study, the report shall contain ‘‘[r]ecommended best practices to enhance collaboration efforts between the Commission and State Attorneys General with respect to preventing, publicizing, and penalizing fraud and scams’’; ‘‘[q]uantifiable metrics by which enhanced collaboration can be measured’’; and ‘‘[l]egislative recommendations, if any, to enhance collaboration efforts between the Commission and State Attorneys General to prevent, publicize, and penalize fraud and scams.’’ 4 The Commission welcomes the comments of State Attorneys General, other law enforcement and regulatory agencies, public interest organizations, industry representatives, consumers, economists, lawyers, academics, information technology professionals, and other interested parties.5 II. Topics for Public Comment Commenters are invited to address one or more of the following topics generally, or with respect to a specific industry or area of consumer protection.6 (A) The roles and responsibilities of the Commission and State Attorneys General that best advance collaboration and consumer protection. Of particular interest to the Commission: (1) What do commenters view as the respective roles and responsibilities of the Commission and State Attorneys General as they relate to consumer protection and preventing, publicizing, and penalizing frauds and scams? (2) How, in practice, do the Commission and State Attorneys General effectively collaborate and support each other’s consumer protection missions, in the context of: (a) investigating potential frauds and scams; (b) bringing joint or parallel law 3 Id. at sec. 2(b). at sec. 2(b)(2) through 2(b)(4). 5 In addition to providing this notification and opportunity for public comment, the Commission has been directed to consult with the National Association of Attorneys General, public interest organizations dedicated to consumer protection, relevant private sector entities, and any other Federal or State agency that the Commission considers necessary. Id. at sec. 2(a)(3). 6 See id. at sec. 2(a)(2). The Commission shall also examine in the study the ‘‘policies, procedures, and mechanisms that facilitate cooperation and communications across the Commission,’’ id. at sec. 2(a)(2)(B), which the Commission intends to do primarily through communications with relevant parts of the agency. 4 Id. E:\FR\FM\13JNN1.SGM 13JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Notices enforcement actions to prevent and penalize frauds and scams; and (c) reaching out to specific consumer audiences or the community as a whole to raise awareness and prevent and publicize frauds and scams? How could existing practices be improved to enhance effective collaboration? (3) How, if at all, has the United States Supreme Court’s decision in AMG Capital Management, LLC v. Federal Trade Commission 7 impacted effective collaboration between the Commission and State Attorneys General or otherwise impacted enforcement programs? (4) How does the work of State and local consumer protection law enforcement agencies or regulators outside of State Attorneys General, such as State financial services regulators and City Attorneys, facilitate and refine efforts between the Commission and State Attorneys General to prevent, publicize, and penalize frauds and scams? Similarly, how does the work of federal agencies that enforce laws prohibiting unfair and deceptive acts and practices (UDAP), such as the Consumer Financial Protection Bureau and the Department of Transportation, facilitate and refine efforts between the Commission and State Attorneys General to prevent, publicize, and penalize frauds and scams? How do these organizations effectively collaborate with and support State Attorneys General and the Commission in fulfilling their respective consumer protection missions? How could existing practices be improved to enhance effective collaboration? (5) To what extent has federal law that has preempted State jurisdiction affected the ability of State Attorneys General to protect consumers from unlawful business practices? (6) To what extent do differences or similarities between the FTC Act and State UDAP laws affect the respective abilities of the Commission and State Attorneys General to collaborate on preventing, publicizing, and penalizing frauds and scams? To what extent does the private right of action available under many State UDAP laws affect collaboration between the Commission and State Attorneys General? What differences are there between the remedies that the Commission and State Attorneys General may obtain under the statutes that they respectively enforce, and to what extent do these differences affect the respective law enforcement 7 See AMG Cap. Mgmt., LLC v. FTC, 141 S. Ct. 1341, 1352 (2021) (holding that equitable monetary relief, including consumer redress, is unavailable under Section 13(b) of the FTC Act). VerDate Sep<11>2014 18:45 Jun 12, 2023 Jkt 259001 priorities of the Commission and State Attorneys General, and collaborative efforts between them? (7) How can the Commission maximize use of, and contributions to, the Consumer Sentinel Network? (B) How resources should be dedicated to best advance such collaboration and consumer protection. Of particular interest to the Commission: (1) How should resources be dedicated to best advance collaboration and consumer protection missions between the Commission and State Attorneys General in the context of: (a) investigating potential frauds and scams; (b) bringing joint or parallel law enforcement actions to prevent and penalize frauds and scams; and (c) reaching out to specific consumer audiences, industry stakeholders, or the community as a whole to raise awareness and prevent and publicize frauds and scams? (2) Are there any strategic, logistical, or technical challenges arising from such collaboration between the Commission and State Attorneys General? (3) Has the exchange of technical or subject-matter expertise between the Commission and Attorneys General when collaborating on consumer protection matters been effective? Why or why not? Would States benefit from technical assistance from Commission staff, such as technologists and economists, in consumer protection matters? Are there any legal or practical restrictions on the Commission providing, and State Attorneys General receiving, technical assistance of this nature? (4) How can information-sharing practices and technologies between the Commission and State Attorneys General be improved? (5) What new resources or authority may be needed to enhance the Commission’s collaboration with State Attorneys General? (C) The accountability mechanisms that should be implemented to promote collaboration and consumer protection. Of particular interest to the Commission: (1) With respect to the Commission, one of the Commission’s Strategic Objectives is to ‘‘[c]ollaborate with domestic and international partners to enhance consumer protection.’’ 8 The Commission currently reports on certain performance indicators and metrics 8 Federal Trade Commission Annual Performance Report for Fiscal Year 2021 and Annual Performance Plan for Fiscal Years 2022 to 2023, at 8, available at https://www.ftc.gov/system/files/ftc_ gov/pdf/21apr_22-23app.pdf. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 38511 bearing on this Objective that relate to collaboration with State Attorneys General.9 Are there any additional performance indicators or metrics that the Commission should consider reporting, or other mechanisms that should be implemented? (2) Do any of the changes in practices, new resources, or authority recommended by commenters warrant new reporting requirements or other mechanisms to promote accountability and transparency? If so, what kinds of reporting requirements or mechanisms are recommended? III. Public Comments You can file a comment online or on paper. For the FTC to consider your comment, we must receive it on or before August 14, 2023, 2023. Write ‘‘FTC Collaboration Act of 2021 Study (Project No. P238400)’’ 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. Postal mail addressed to the Commission is subject to delay due to heightened security screening. We encourage you to submit your comments online through the https:// www.regulations.gov website. If you prefer to file your comment on paper, write ‘‘FTC Collaboration Act of 2021 Study (Project No. P238400)’’ 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 R), Washington, DC 20580. If possible, submit your paper comment to the Commission by 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 9 Id. at 13 (Indicator 1.1.IND.3: ‘‘Number of contributors to the Consumer Sentinel Network (CSN)’’); id. at 65 (Performance Metric 1.3.1: ‘‘Number of investigations or cases in which the FTC and other U.S. federal, state and local government agencies shared evidence or information that contributed to FTC law enforcement actions or enhanced consumer protection’’). E:\FR\FM\13JNN1.SGM 13JNN1 38512 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Notices responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . . is privileged or confidential’’—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted 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 August 14, 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. ddrumheller on DSK120RN23PROD with NOTICES1 By direction of the Commission. April J. Tabor, Secretary. Statement of Chair Lina M. Khan Joined by Commissioner Rebecca Kelly Slaughter and Commissioner Alvaro M. Bedoya The FTC Collaboration Act of 2021 directs the FTC to examine how we can improve collaboration with state attorneys general to prevent, publicize, and penalize fraudulent business practices. As we undertake this inquiry, we are issuing a Request for Information to gather public input. VerDate Sep<11>2014 18:45 Jun 12, 2023 Jkt 259001 State regulators and attorneys general play an essential role in protecting Americans from unlawful business practices. For decades they have initiated key lawsuits and filled in regulatory gaps, often paving the way for broader federal efforts. State governments have also trailblazed a variety of important consumer protection laws—from banning certain uses of facial recognition technologies to protecting Americans’ right to repair their products. Unfortunately, federal agencies at times have sought to block consumer protection efforts by states. For example, in the leadup to the subprime mortgage crisis in 2007, some federal regulators sought to cripple states’ oversight function by wiping out their antipredatory lending laws.1 States still took action against non-bank subprime lenders, protecting the public at a time when federal actors were slow to mobilize.2 The FTC is committed to working closely with state partners to maximize our collective efficacy in combatting unlawful business practices and protecting Americans. States bring to cases not only an important set of remedial tools, but also more direct visibility into business practices that are harming their citizens. Led by our regional offices, the FTC has a long history of collaborating with state enforcers. Over the last year alone, for example, we have partnered with states to bring: • our largest-ever fair lending action against a multistate auto dealer; 3 • our first action under the Military Lending Act; 4 • a major action against Google for airing deceptive ads; 5 1 WookBai Kim, Challenging the Roots of the Subprime Mortgage Crisis: The OCC’s Operating Subsidiaries Regulations and Watters v. Wachovia Bank, 21 Loy. Consumer L. Rev. 278 (2009). 2 Press Release, State of Conn. Dep’t of Banking, Ameriquest to Pay $325 Million for Predatory Lending Practices that Bilked Consumers (Jan. 23, 2006), https://portal.ct.gov/DOB/Newsroom/2006/ Ameriquest-to-Pay-$325-Million-in-NationwideSettlement. 3 Press Release, Fed. Trade Comm’n, FTC Takes Action Against Multistate Auto Dealer Napleton for Sneaking Illegal Junk Fees onto Bills and Discriminating Against Black Consumers (Apr. 1, 2022), https://www.ftc.gov/news-events/news/pressreleases/2022/04/ftc-takes-action-againstmultistate-auto-dealer-napleton-sneaking-illegaljunk-fees-bills. 4 Press Release, Fed. Trade Comm’n, FTC and 18 States Sue to Stop Harris Jewelry from Cheating Military Families with Illegal Financing and Sales Tactics (July 20, 2022), https://www.ftc.gov/newsevents/news/press-releases/2022/07/ftc-18-statessue-stop-harris-jewelry-cheating-military-familiesillegal-financing-sales-tactics. 5 Press Release, Fed. Trade Comm’n, FTC, States Sue Google and iHeartMedia for Deceptive Ads Promoting the Pixel 4 Smartphone (Nov. 28, 2022), PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 • an action against pesticide giants who used illegal pay-to-block schemes to inflate farmers’ costs; 6 and • our first-ever lawsuit with California’s Division of Financial Protection and Innovation to shut down a mortgage relief operation that preyed on struggling homeowners.7 In addition to filing these joint lawsuits, the FTC has supported states against efforts to undermine their consumer protection authorities. For example, we recently filed an amicus brief refuting Google’s argument that all state-law claims involving children’s online privacy are nullified because they are ‘‘inconsistent’’ with the Children’s Online Privacy Protection Act (COPPA), a federal privacy law.8 Last year we filed an amicus brief explaining that companies cannot use the FTC’s Franchise Rule to circumvent state-level labor protections.9 We have also supported efforts to strengthen state-level consumer protections. For example, FTC staff recently testified before a California State Senate committee in support of legislation that would expressly grant people a right to repair several types of consumer products.10 Many thanks to the FTC team who crafted this RFI.11 I look forward to receiving and reviewing public comments on how we can deepen our https://www.ftc.gov/news-events/news/pressreleases/2022/11/ftc-states-sue-google-iheartmediadeceptive-ads-promoting-pixel-4-smartphone. 6 Press Release, Fed. Trade Comm’n, FTC and State Partners Sue Pesticide Giants Syngenta and Corteva for Using Illegal Pay-to-Block Scheme to Inflate Prices for Farmers (Sept. 29, 2022), https:// www.ftc.gov/news-events/news/press-releases/2022/ 09/ftc-state-partners-sue-pesticide-giants-syngentacorteva-using-illegal-pay-block-scheme-inflate. 7 Press Release, Fed. Trade Comm’n, Federal Trade Commission, California Take Action To Shut Down Mortgage Relief Operation that Preyed on Struggling Homeowners (Sept. 19, 2022), https:// www.ftc.gov/news-events/news/press-releases/2022/ 09/federal-trade-commission-california-take-actionshut-down-mortgage-relief-operation-preyed. 8 Press Release, Fed. Trade Comm’n, FTC Files Brief in Jones v. Google in Support of Appeals Court Ruling that COPPA Does Not Preempt Plaintiffs’ State Privacy Claims (May 22, 2023), https:// www.ftc.gov/news-events/news/press-releases/2023/ 05/ftc-files-brief-jones-v-google-support-appealscourt-ruling-coppa-does-not-preempt-plaintiffsstate. 9 Press Release, Fed. Trade Comm’n, FTC Files Amicus Brief in Patel, v. 7-Eleven, Inc. (Dec. 6, 2021), https://www.ftc.gov/news-events/news/pressreleases/2021/12/ftc-files-amicus-brief-patel-v-7eleven-inc. 10 Press Release, Fed. Trade Comm’n, FTC Testifies Before California State Senate on Right to Repair (Apr. 11, 2023), https://www.ftc.gov/newsevents/news/press-releases/2023/04/ftc-testifiescalifornia-state-senate-right-repair. 11 In particular, I am grateful to Maricela Segura, Faye Barnouw, Robert Quigley, and Miles Freeman in the Western Region Los Angeles Office, as well as Dotan Weinman and Lois Greisman in the Division of Marketing Practices. E:\FR\FM\13JNN1.SGM 13JNN1 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Notices partnership with state enforcers to protect Americans from fraudulent business practices. [FR Doc. 2023–12507 Filed 6–12–23; 8:45 am] BILLING CODE P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS–576 and CMS– 576A] Agency Information Collection Activities: Proposed Collection; Comment Request Centers for Medicare & Medicaid Services, Health and Human Services (HHS). ACTION: Notice. AGENCY: The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS’ intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the Agency’s functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden. DATES: Comments must be received by August 14, 2023. ADDRESSES: When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways: 1. Electronically. You may send your comments electronically to https:// www.regulations.gov. Follow the instructions for ‘‘Comment or Submission’’ or ‘‘More Search Options’’ to find the information collection document(s) that are accepting comments. 2. By regular mail. You may mail written comments to the following ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:45 Jun 12, 2023 Jkt 259001 address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number:__, Room C4–26–05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing. FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786–4669. SUPPLEMENTARY INFORMATION: Contents This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection’s supporting statement and associated materials (see ADDRESSES). CMS–576/576A Organ Procurement Organization (OPO) Request for Designation as an OPO, Health Insurance Benefits Agreement, and Supporting Regulations Under the PRA (44 U.S.C. 3501– 3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice. Information Collection 1. Type of Information Collection Request: Reinstatement with change of a previously approved collection; Title of Information Collection: Organ Procurement Organization (OPO) Request for Designation as an OPO, Health Insurance Benefits Agreement, and Supporting Regulations; Use: We are seeking reinstatement of a revised version of the CMS–576 form. We are PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 38513 also seeking reinstatement for the CMS– 576A form. The CMS–576 and CMS– 576A forms have been updated to a fillable .pdf format. In addition, multiple changes were made to the CMS–576 and CMS–576A forms. Organizations seeking designation from CMS as a qualified and approved Organ Procurement Organization (OPO), as per sections 371(a) and 1138 of the Social Security Act (‘‘the Act’’) must complete and submit the CMS–576 form. After designation as an OPO, the organization must sign CMS–576A form in order to be reimbursed by Medicare for their services. The CMS–576A form requires the OPO ‘‘to maintain compliance with the requirements of titles XVIII and XIX of the Act, section1138 of the Act, applicable regulations including the conditions set forth in part 486, subpart G, title 42 of the Code of Federal Regulations, those conditions of the Organ Procurement and Transplantation Network established under section 372 of the Public Health Service Act that have been approved by the Secretary, and to report promptly to CMS. Form Number: CMS–576 and 576A (OMB Control Number: 0938–0512); Frequency: Occasionally; Affected Public: Private sector (business or other for-profit and not-for-profit institutions); Number of Respondents: 16; Total Annual Responses: 16; Total Annual Hours: 32. (For policy questions regarding this collection contact Caroline Gallaher at 410–786–8705.) Dated: June 7, 2023. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2023–12535 Filed 6–12–23; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2023–N–1929] Agency Information Collection Activities; Proposed Collection; Comment Request; Orphan Drugs AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA, Agency, or we) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are SUMMARY: E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38510-38513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12507]


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FEDERAL TRADE COMMISSION


FTC Collaboration Act of 2021 Study

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The FTC Collaboration Act of 2021 directs the Federal Trade 
Commission (``FTC'' or ``Commission'') to ``provide opportunity for 
public comment and advice'' relevant to the production of a study 
concerning certain specified topics related to ``efforts with State 
Attorneys General to prevent, publicize, and penalize frauds and scams 
being perpetrated on individuals in the United States.'' The Commission 
is soliciting written comments from interested persons, entities, and 
organizations on one or more of the topics described in the 
SUPPLEMENTARY INFORMATION section below.

DATES: Comments must be received by August 14, 2023.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Public Comments portion of the 
SUPPLEMENTARY INFORMATION section below. Write ``FTC Collaboration Act 
of 2021 Study (Project No. P238400)'' on your comment and file your 
comment online through https://www.regulations.gov.
    If you prefer to file a comment in hard copy, please write ``FTC 
Collaboration Act of 2021 Study (Project No. P238400)'' 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 R), Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Robert J. Quigley, Attorney, (310) 
824-4334, and Miles D. Freeman, Attorney, (310) 824-4332, Western 
Region Los Angeles, Bureau of Consumer Protection, Federal Trade 
Commission, 10990 Wilshire Blvd., Ste. 400, Los Angeles, CA 90024.

SUPPLEMENTARY INFORMATION:

I. General Background Information

    The mission of the Federal Trade Commission is to protect the 
public from deceptive or unfair business practices and from unfair 
methods of competition through law enforcement, advocacy, research, and 
education. Many State Attorneys General have similar missions within 
their States, in addition to other responsibilities. These 
complementary missions present numerous opportunities for the 
Commission and State Attorneys General to share information and 
collaborate on matters involving consumer protection.
    On October 10, 2022, President Biden signed into law the FTC 
Collaboration Act of 2021.\1\ The Act directs the Commission to 
``conduct a study on facilitating and refining existing efforts with 
State Attorneys General to prevent, publicize, and penalize frauds and 
scams being perpetrated on individuals in the United States.'' \2\ The 
results of this study will inform a report, which the Commission shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.\3\ In addition to setting forth the 
results of the study, the report shall contain ``[r]ecommended best 
practices to enhance collaboration efforts between the Commission and 
State Attorneys General with respect to preventing, publicizing, and 
penalizing fraud and scams''; ``[q]uantifiable metrics by which 
enhanced collaboration can be measured''; and ``[l]egislative 
recommendations, if any, to enhance collaboration efforts between the 
Commission and State Attorneys General to prevent, publicize, and 
penalize fraud and scams.'' \4\
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    \1\ Public Law 117-187, 136 Stat. 2201 (2022).
    \2\ Id. at sec. 2(a)(1).
    \3\ Id. at sec. 2(b).
    \4\ Id. at sec. 2(b)(2) through 2(b)(4).
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    The Commission welcomes the comments of State Attorneys General, 
other law enforcement and regulatory agencies, public interest 
organizations, industry representatives, consumers, economists, 
lawyers, academics, information technology professionals, and other 
interested parties.\5\
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    \5\ In addition to providing this notification and opportunity 
for public comment, the Commission has been directed to consult with 
the National Association of Attorneys General, public interest 
organizations dedicated to consumer protection, relevant private 
sector entities, and any other Federal or State agency that the 
Commission considers necessary. Id. at sec. 2(a)(3).
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II. Topics for Public Comment

    Commenters are invited to address one or more of the following 
topics generally, or with respect to a specific industry or area of 
consumer protection.\6\
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    \6\ See id. at sec. 2(a)(2). The Commission shall also examine 
in the study the ``policies, procedures, and mechanisms that 
facilitate cooperation and communications across the Commission,'' 
id. at sec. 2(a)(2)(B), which the Commission intends to do primarily 
through communications with relevant parts of the agency.
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    (A) The roles and responsibilities of the Commission and State 
Attorneys General that best advance collaboration and consumer 
protection.
    Of particular interest to the Commission:
    (1) What do commenters view as the respective roles and 
responsibilities of the Commission and State Attorneys General as they 
relate to consumer protection and preventing, publicizing, and 
penalizing frauds and scams?
    (2) How, in practice, do the Commission and State Attorneys General 
effectively collaborate and support each other's consumer protection 
missions, in the context of: (a) investigating potential frauds and 
scams; (b) bringing joint or parallel law

[[Page 38511]]

enforcement actions to prevent and penalize frauds and scams; and (c) 
reaching out to specific consumer audiences or the community as a whole 
to raise awareness and prevent and publicize frauds and scams? How 
could existing practices be improved to enhance effective 
collaboration?
    (3) How, if at all, has the United States Supreme Court's decision 
in AMG Capital Management, LLC v. Federal Trade Commission \7\ impacted 
effective collaboration between the Commission and State Attorneys 
General or otherwise impacted enforcement programs?
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    \7\ See AMG Cap. Mgmt., LLC v. FTC, 141 S. Ct. 1341, 1352 (2021) 
(holding that equitable monetary relief, including consumer redress, 
is unavailable under Section 13(b) of the FTC Act).
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    (4) How does the work of State and local consumer protection law 
enforcement agencies or regulators outside of State Attorneys General, 
such as State financial services regulators and City Attorneys, 
facilitate and refine efforts between the Commission and State 
Attorneys General to prevent, publicize, and penalize frauds and scams? 
Similarly, how does the work of federal agencies that enforce laws 
prohibiting unfair and deceptive acts and practices (UDAP), such as the 
Consumer Financial Protection Bureau and the Department of 
Transportation, facilitate and refine efforts between the Commission 
and State Attorneys General to prevent, publicize, and penalize frauds 
and scams? How do these organizations effectively collaborate with and 
support State Attorneys General and the Commission in fulfilling their 
respective consumer protection missions? How could existing practices 
be improved to enhance effective collaboration?
    (5) To what extent has federal law that has preempted State 
jurisdiction affected the ability of State Attorneys General to protect 
consumers from unlawful business practices?
    (6) To what extent do differences or similarities between the FTC 
Act and State UDAP laws affect the respective abilities of the 
Commission and State Attorneys General to collaborate on preventing, 
publicizing, and penalizing frauds and scams? To what extent does the 
private right of action available under many State UDAP laws affect 
collaboration between the Commission and State Attorneys General? What 
differences are there between the remedies that the Commission and 
State Attorneys General may obtain under the statutes that they 
respectively enforce, and to what extent do these differences affect 
the respective law enforcement priorities of the Commission and State 
Attorneys General, and collaborative efforts between them?
    (7) How can the Commission maximize use of, and contributions to, 
the Consumer Sentinel Network?
    (B) How resources should be dedicated to best advance such 
collaboration and consumer protection.
    Of particular interest to the Commission:
    (1) How should resources be dedicated to best advance collaboration 
and consumer protection missions between the Commission and State 
Attorneys General in the context of: (a) investigating potential frauds 
and scams; (b) bringing joint or parallel law enforcement actions to 
prevent and penalize frauds and scams; and (c) reaching out to specific 
consumer audiences, industry stakeholders, or the community as a whole 
to raise awareness and prevent and publicize frauds and scams?
    (2) Are there any strategic, logistical, or technical challenges 
arising from such collaboration between the Commission and State 
Attorneys General?
    (3) Has the exchange of technical or subject-matter expertise 
between the Commission and Attorneys General when collaborating on 
consumer protection matters been effective? Why or why not? Would 
States benefit from technical assistance from Commission staff, such as 
technologists and economists, in consumer protection matters? Are there 
any legal or practical restrictions on the Commission providing, and 
State Attorneys General receiving, technical assistance of this nature?
    (4) How can information-sharing practices and technologies between 
the Commission and State Attorneys General be improved?
    (5) What new resources or authority may be needed to enhance the 
Commission's collaboration with State Attorneys General?
    (C) The accountability mechanisms that should be implemented to 
promote collaboration and consumer protection.
    Of particular interest to the Commission:
    (1) With respect to the Commission, one of the Commission's 
Strategic Objectives is to ``[c]ollaborate with domestic and 
international partners to enhance consumer protection.'' \8\ The 
Commission currently reports on certain performance indicators and 
metrics bearing on this Objective that relate to collaboration with 
State Attorneys General.\9\ Are there any additional performance 
indicators or metrics that the Commission should consider reporting, or 
other mechanisms that should be implemented?
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    \8\ Federal Trade Commission Annual Performance Report for 
Fiscal Year 2021 and Annual Performance Plan for Fiscal Years 2022 
to 2023, at 8, available at https://www.ftc.gov/system/files/ftc_gov/pdf/21apr_22-23app.pdf.
    \9\ Id. at 13 (Indicator 1.1.IND.3: ``Number of contributors to 
the Consumer Sentinel Network (CSN)''); id. at 65 (Performance 
Metric 1.3.1: ``Number of investigations or cases in which the FTC 
and other U.S. federal, state and local government agencies shared 
evidence or information that contributed to FTC law enforcement 
actions or enhanced consumer protection'').
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    (2) Do any of the changes in practices, new resources, or authority 
recommended by commenters warrant new reporting requirements or other 
mechanisms to promote accountability and transparency? If so, what 
kinds of reporting requirements or mechanisms are recommended?

III. Public Comments

    You can file a comment online or on paper. For the FTC to consider 
your comment, we must receive it on or before August 14, 2023, 2023. 
Write ``FTC Collaboration Act of 2021 Study (Project No. P238400)'' 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.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. We encourage you to submit your comments 
online through the https://www.regulations.gov website.
    If you prefer to file your comment on paper, write ``FTC 
Collaboration Act of 2021 Study (Project No. P238400)'' 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 R), Washington, DC 20580. If possible, 
submit your paper comment to the Commission by 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

[[Page 38512]]

responsible for making sure that your comment does not include any 
sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . . is privileged or confidential''--as provided 
by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 
4.10(a)(2), 16 CFR 4.10(a)(2)--including in particular competitively 
sensitive information such as costs, sales statistics, inventories, 
formulas, patterns, devices, manufacturing processes, or customer 
names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted 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 August 14, 
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.

    By direction of the Commission.
April J. Tabor,
Secretary.

Statement of Chair Lina M. Khan Joined by Commissioner Rebecca Kelly 
Slaughter and Commissioner Alvaro M. Bedoya

    The FTC Collaboration Act of 2021 directs the FTC to examine how we 
can improve collaboration with state attorneys general to prevent, 
publicize, and penalize fraudulent business practices. As we undertake 
this inquiry, we are issuing a Request for Information to gather public 
input.
    State regulators and attorneys general play an essential role in 
protecting Americans from unlawful business practices. For decades they 
have initiated key lawsuits and filled in regulatory gaps, often paving 
the way for broader federal efforts. State governments have also 
trailblazed a variety of important consumer protection laws--from 
banning certain uses of facial recognition technologies to protecting 
Americans' right to repair their products.
    Unfortunately, federal agencies at times have sought to block 
consumer protection efforts by states. For example, in the leadup to 
the subprime mortgage crisis in 2007, some federal regulators sought to 
cripple states' oversight function by wiping out their anti-predatory 
lending laws.\1\ States still took action against non-bank subprime 
lenders, protecting the public at a time when federal actors were slow 
to mobilize.\2\
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    \1\ WookBai Kim, Challenging the Roots of the Subprime Mortgage 
Crisis: The OCC's Operating Subsidiaries Regulations and Watters v. 
Wachovia Bank, 21 Loy. Consumer L. Rev. 278 (2009).
    \2\ Press Release, State of Conn. Dep't of Banking, Ameriquest 
to Pay $325 Million for Predatory Lending Practices that Bilked 
Consumers (Jan. 23, 2006), https://portal.ct.gov/DOB/Newsroom/2006/
Ameriquest-to-Pay-$325-Million-in-Nationwide-Settlement.
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    The FTC is committed to working closely with state partners to 
maximize our collective efficacy in combatting unlawful business 
practices and protecting Americans. States bring to cases not only an 
important set of remedial tools, but also more direct visibility into 
business practices that are harming their citizens.
    Led by our regional offices, the FTC has a long history of 
collaborating with state enforcers. Over the last year alone, for 
example, we have partnered with states to bring:
     our largest-ever fair lending action against a multistate 
auto dealer; \3\
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    \3\ Press Release, Fed. Trade Comm'n, FTC Takes Action Against 
Multistate Auto Dealer Napleton for Sneaking Illegal Junk Fees onto 
Bills and Discriminating Against Black Consumers (Apr. 1, 2022), 
https://www.ftc.gov/news-events/news/press-releases/2022/04/ftc-takes-action-against-multistate-auto-dealer-napleton-sneaking-illegal-junk-fees-bills.
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     our first action under the Military Lending Act; \4\
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    \4\ Press Release, Fed. Trade Comm'n, FTC and 18 States Sue to 
Stop Harris Jewelry from Cheating Military Families with Illegal 
Financing and Sales Tactics (July 20, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/07/ftc-18-states-sue-stop-harris-jewelry-cheating-military-families-illegal-financing-sales-tactics.
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     a major action against Google for airing deceptive ads; 
\5\
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    \5\ Press Release, Fed. Trade Comm'n, FTC, States Sue Google and 
iHeartMedia for Deceptive Ads Promoting the Pixel 4 Smartphone (Nov. 
28, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/11/ftc-states-sue-google-iheartmedia-deceptive-ads-promoting-pixel-4-smartphone.
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     an action against pesticide giants who used illegal pay-
to-block schemes to inflate farmers' costs; \6\ and
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    \6\ Press Release, Fed. Trade Comm'n, FTC and State Partners Sue 
Pesticide Giants Syngenta and Corteva for Using Illegal Pay-to-Block 
Scheme to Inflate Prices for Farmers (Sept. 29, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/09/ftc-state-partners-sue-pesticide-giants-syngenta-corteva-using-illegal-pay-block-scheme-inflate.
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     our first-ever lawsuit with California's Division of 
Financial Protection and Innovation to shut down a mortgage relief 
operation that preyed on struggling homeowners.\7\
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    \7\ Press Release, Fed. Trade Comm'n, Federal Trade Commission, 
California Take Action To Shut Down Mortgage Relief Operation that 
Preyed on Struggling Homeowners (Sept. 19, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/09/federal-trade-commission-california-take-action-shut-down-mortgage-relief-operation-preyed.
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    In addition to filing these joint lawsuits, the FTC has supported 
states against efforts to undermine their consumer protection 
authorities. For example, we recently filed an amicus brief refuting 
Google's argument that all state-law claims involving children's online 
privacy are nullified because they are ``inconsistent'' with the 
Children's Online Privacy Protection Act (COPPA), a federal privacy 
law.\8\ Last year we filed an amicus brief explaining that companies 
cannot use the FTC's Franchise Rule to circumvent state-level labor 
protections.\9\ We have also supported efforts to strengthen state-
level consumer protections. For example, FTC staff recently testified 
before a California State Senate committee in support of legislation 
that would expressly grant people a right to repair several types of 
consumer products.\10\
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    \8\ Press Release, Fed. Trade Comm'n, FTC Files Brief in Jones 
v. Google in Support of Appeals Court Ruling that COPPA Does Not 
Preempt Plaintiffs' State Privacy Claims (May 22, 2023), https://www.ftc.gov/news-events/news/press-releases/2023/05/ftc-files-brief-jones-v-google-support-appeals-court-ruling-coppa-does-not-preempt-plaintiffs-state.
    \9\ Press Release, Fed. Trade Comm'n, FTC Files Amicus Brief in 
Patel, v. 7-Eleven, Inc. (Dec. 6, 2021), https://www.ftc.gov/news-events/news/press-releases/2021/12/ftc-files-amicus-brief-patel-v-7-eleven-inc.
    \10\ Press Release, Fed. Trade Comm'n, FTC Testifies Before 
California State Senate on Right to Repair (Apr. 11, 2023), https://www.ftc.gov/news-events/news/press-releases/2023/04/ftc-testifies-california-state-senate-right-repair.
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    Many thanks to the FTC team who crafted this RFI.\11\ I look 
forward to receiving and reviewing public comments on how we can deepen 
our

[[Page 38513]]

partnership with state enforcers to protect Americans from fraudulent 
business practices.
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    \11\ In particular, I am grateful to Maricela Segura, Faye 
Barnouw, Robert Quigley, and Miles Freeman in the Western Region Los 
Angeles Office, as well as Dotan Weinman and Lois Greisman in the 
Division of Marketing Practices.

[FR Doc. 2023-12507 Filed 6-12-23; 8:45 am]
BILLING CODE P
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