[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28869-28871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11035]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').

ACTION: Notice.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (``OMB'') for 
review, as required by the Paperwork Reduction Act (``PRA''). The FTC 
seeks public comments on its proposal to extend for an additional three 
years the current PRA clearance for information collection requirements 
contained in its regulation ``Duties of Furnishers of Information to 
Consumer Reporting Agencies'' (``Information Furnishers Rule''), which 
applies to certain motor vehicle dealers, and its shared enforcement 
with the Consumer Financial Protection Bureau (``CFPB'') of the 
furnisher provisions (subpart E) of the CFPB's Regulation V regarding 
other entities. That clearance expires on August 31, 2016.

DATES: Comments must be submitted on or before June 9, 2016.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Information Furnishers 
Rule, PRA Comment, P135407,'' on your comment and file your comment 
online at https://ftcpublic.commentworks.com/ftc/infofurnishersrulepra2, by following the instructions on the web-based 
form. If you prefer to file your comment on paper, mail your comment to 
the following address: Federal Trade Commission, Office of the 
Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Monique Einhorn, Attorney, Division of 
Privacy and Identity Protection, Bureau of Consumer Protection, (202) 
326-

[[Page 28870]]

2575, 600 Pennsylvania Ave. NW., CC-8232, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: On February 23, 2016, the Commission sought 
comment on the information collection requirements associated with the 
Information Furnishers Rule and the Commission's shared enforcement 
with the CFPB of the furnisher provisions in subpart E of the CFPB's 
Regulation V. 81 FR 8959. No relevant comments were received. Pursuant 
to the OMB regulations, 5 CFR part 1320, that implement the PRA, 44 
U.S.C. 3501 et seq., the FTC is providing this second opportunity for 
public comment while seeking OMB approval to renew the pre-existing 
clearance for those information collection requirements. For more 
details about the Rule requirements, the background behind these 
information collection provisions, and the basis for the calculations 
summarized below, see 81 FR 8959. The burden figures below reflect 
solely the FTC's estimates assigned to itself, including a portion 
reflective of its sole enforcement authority for certain motor vehicle 
dealers subject to the FTC rule.\1\
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    \1\ The FTC retains rulemaking authority for its Information 
Furnishers Rule solely for motor vehicle dealers described in 
section 1029(a) of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Pub. L. 111-203, 124 Stat. 1376 (2010)) that are 
predominantly engaged in the sale and servicing of motor vehicles, 
the leasing and servicing of motor vehicles, or both.
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    Title: Duties of Furnishers of Information to Consumer Reporting 
Agencies.
    OMB Control Number: 3084-0144.
    Type of Review: Extension of currently approved collection.
    Estimated Annual Burden:

Section 660.3 of FTC Rule/Section 1022.42 of CFPB Rule:
    7,972 hours and $428,017 \2\ in associated labor costs
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    \2\ This is an increase from the labor cost estimate in the 
February 23, 2016 Federal Register Notice, attributable to an 
intervening annual release from the Bureau of Labor Statistics. 
Within it, the mean hourly wage for ``Training and development 
managers'' rose from the previously shown amount of $53.38 to 
$53.69. See http://www.bls.gov/news.release/ocwage.t01.htm 
``Occupational Employment and Wages--May 2015,'' Bureau of Labor 
Statistics, U.S. Department of Labor, released March 30, 2016, Table 
1 (``National employment and wage data from the Occupational 
Employment Statistics survey by occupation, May 2015'') 
(hereinafter, ``BLS Table 1'').
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Section 660.4 of FTC Rule/Section 1022.43 of CFPB Rule:
    2,635 hours and $60,131 \3\ in associated labor costs

    \3\ This, too, is an increase from the labor cost estimate in 
the February 23, 2016 Federal Register Notice, attributable to an 
averaging of updated Bureau of Labor Statistics mean hourly wages 
for potentially analogous employee types: First-line supervisors of 
office and administrative support workers ($27.01); accounting and 
auditing clerks ($18.74); brokerage clerks ($24.83); eligibility 
interviewers, government programs ($20.69). See BLS Table 1. This 
averages out to $22.82 per hour, rounded.
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    Thus, total estimated burden under the above-noted regulatory 
sections is 10,607 hours and $488,148 in associated labor costs. 
Commission staff believes that the Information Furnishers Rule and 
subpart E of Regulation V impose negligible capital or other non-labor 
costs, as the affected entities are already likely to have the 
necessary supplies and/or equipment (e.g., offices and computers) for 
the associated information collection provisions.

Request for Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before June 9, 2016. 
Write ``Information Furnishers Rule, PRA Comment, P135407'' on your 
comment. Your comment--including your name and your state--will be 
placed on the public record of this proceeding, including to the extent 
practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries 
to remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone's Social Security number, 
date of birth, driver's license number or other state identification 
number or foreign country equivalent, passport number, financial 
account number, or credit or debit card number. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which is . . . privileged or confidential'' as provided in Section 6(f) 
of the FTC Act 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c).\4\ Your comment will be kept confidential only if 
the FTC General Counsel grants your request in accordance with the law 
and the public interest.
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    \4\ 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), 16 CFR 4.9(c).
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    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/infofurnishersrulepra2, by following the instructions on the web-
based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site.
    If you file your comment on paper, write ``Information Furnishers 
Rule, PRA Comment, P135407'' on your comment and on the envelope, and 
mail or deliver it to the following address: Federal Trade Commission, 
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 
(Annex J), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
J), Washington, DC 20024. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Comments on the disclosure requirements subject to review under the 
PRA should additionally be submitted to OMB. If sent by U.S. mail, they 
should be addressed to Office of Information and Regulatory Affairs, 
Office of Management and Budget, Attention: Desk Officer for the 
Federal Trade Commission, New Executive Office Building, Docket 
Library, Room 10102, 725 17th Street NW., Washington, DC 20503. 
Comments sent to OMB by U.S. postal mail, however, are subject to 
delays due to heightened security precautions. Thus, comments instead 
should be sent by facsimile to (202) 395-5806.
    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 June 9, 2016. 
For information on the Commission's privacy policy, including routine 
uses permitted by the

[[Page 28871]]

Privacy Act, see http://www.ftc.gov/ftc/privacy.htm.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2016-11035 Filed 5-9-16; 8:45 am]
BILLING CODE 6750-01-P