[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90358-90360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29946]


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FEDERAL TRADE COMMISSION


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

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

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 
is seeking public comments on its proposal to extend for an additional 
three years the current PRA clearance for disclosure requirements in 
its Affiliate Marketing Rule (or ``Rule''), which applies to certain 
motor vehicle dealers, and its shared enforcement with the Consumer 
Financial Protection Bureau (``CFPB'') of

[[Page 90359]]

the provisions (subpart C) of the CFPB's Regulation V regarding other 
entities (``CFPB Rule''). The current clearance expires on January 31, 
2017.

DATES: Comments must be filed by January 13, 2017.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form by following the instructions in the 
Request for Comment part of the SUPPLEMENTARY INFORMATION section 
below. Write ``Affiliate Marketing Disclosure Rule, PRA Comment: FTC 
File No. P105411'' on your comment, and file your comment online at 
https://ftcpublic.commentworks.com/ftc/affiliatemarketingpra2, 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: Requests for additional information 
should be addressed to Ruth Yodaiken, Attorney, Division of Privacy and 
Identity Protection, Bureau of Consumer Protection, Federal Trade 
Commission, 600 Pennsylvania Avenue NW., Room CC-8232, Washington, DC 
20580, (202) 326-2127.

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, federal 
agencies must get OMB approval for each collection of information they 
conduct or sponsor. ``Collection of information'' includes agency 
requests or requirements to submit reports, keep records, or provide 
information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). The 
FTC seeks clearance for its assumed share of the estimated PRA burden 
regarding the disclosure requirements under the FTC and CFPB Rules.
    On August 15, 2016, the FTC sought public comment on the consumer 
notification (``disclosure'') requirements associated with the FTC Rule 
(August 15, 2016 Notice \1\), the FTC's shared enforcement with the 
CFPB of the disclosure provisions of the CFPB Rule, and the FTC's 
associated PRA burden analysis. No relevant comments were received. The 
FTC provisionally retains its previously published PRA burden estimates 
subject to further public comment. For details about the FTC and CFPB 
Rules' disclosure requirements, the background behind them, and the 
basis for the burden-related estimates stated below, see the August 15, 
2016 Notice.\2\
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    \1\ 81 FR 54088.
    \2\ 81 FR at 54089.
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    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 renewed clearance 
regarding the FTC's enforcement of and PRA burden estimates for the 
disclosure requirements at issue.

Burden Statement

A. Non-GLBA Entities

1. 894,969 annualized burden hours
2. $35,626,785 annualized labor cost
    These estimates include the start-up burden and attendant costs, 
such as determining compliance obligations.

B. GLBA Entities

1. 15,633 annualized burden hours
2. $818,059 annualized labor cost

C. FTC Share of Estimated PRA Burden

1. 460,205 annualized burden hours
2. $18,472,938 annualized labor cost

    The FTC's share of total estimated burden for affected entities 
includes the increment apportioned to the FTC reflective of its sole 
jurisdiction over certain motor vehicle dealers. Capital and other non-
labor costs should be minimal, at most, since the Rule has been in 
effect several years, with covered entities now equipped to provide the 
required notice.

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 January 13, 
2017. Write ``Affiliate Marketing Disclosure Rule, PRA Comment: FTC 
File No. P105411'' 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 doesn't 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 doesn't include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, don't 
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), 16 CFR 
4.10(a)(2). In particular, don't 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), 16 CFR 4.9(c).\3\ 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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    \3\ In particular, the written request for confidential 
treatment that accompanies the comment must include the actual 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/affiliatemarketingpra2 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 ``Affiliate Marketing 
Disclosure Rule, PRA Comment: FTC File No. P105411'' 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

[[Page 90360]]

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 January 13, 
2017. For information on the Commission's privacy policy, including 
routine uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/privacy.htm.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2016-29946 Filed 12-13-16; 8:45 am]
 BILLING CODE 6750-01-P