FTC Collaboration Act of 2021 Study, 38510-38513 [2023-12507]
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Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Notices
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[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
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SUMMARY:
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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.
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Law 117–187, 136 Stat. 2201 (2022).
at sec. 2(a)(1).
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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.
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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).
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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.
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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’’).
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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.
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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),
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• 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.
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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
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SUMMARY:
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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
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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