[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Notices]
[Pages 1466-1468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00904]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION


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

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

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FTC intends to ask the Office of Management and Budget 
(``OMB'') to extend for an additional three years the current Paperwork 
Reduction Act (``PRA'') clearance for the information collection 
requirements in the Children's Online Privacy Protection Act Rule 
(``COPPA Rule'' or ``Rule''), which will expire on January 31, 2019.

DATES: Comments must be submitted by March 6, 2019.

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 ``COPPA Rule: Paperwork 
Comment, FTC File No. P155408'' on your comment, and file your comment 
online at https://ftcpublic.commentworks.com/ftc/coppapra2, 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 Peder Magee, Attorney (202-326-3538), Division 
of Privacy and Identity Protection, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: 
    Title: COPPA Rule, 16 CFR part 312.
    OMB Control Number: 3084-0117.
    Type of Review: Extension of currently approved collection.
    Abstract: Pursuant to the OMB regulations, 5 CFR part 1320, that 
implement the PRA, 44 U.S.C. 3501 et seq., the FTC is providing a 
second opportunity for public comment while seeking OMB approval to 
renew the pre-existing clearance for the Rule. The COPPA Rule, 16 CFR 
part 312, requires commercial websites to provide notice and obtain 
parents' consent before

[[Page 1467]]

collecting, using, and/or disclosing personal information from children 
under age 13, with limited exceptions. The COPPA Rule contains certain 
statutorily required notice requirements that apply to operators of any 
website or online service directed to children and operators of any 
website or online service with actual knowledge of collecting personal 
information from children. Covered operators must: Provide online 
notice and direct notice to parents of how they collect, use, and 
disclose children's personal information; obtain the prior consent of 
the child's parent in order to engage in such collection, use, and 
disclosure, with limited exceptions; provide reasonable means for the 
parent to obtain access to the information and to direct its deletion; 
and, establish procedures that protect the confidentiality, security, 
and integrity of personal information collected from children.
    On October 2, 2018, the FTC sought its initial public comment on 
the information collection requirements associated with the Rule.\1\ 
Two commenters provided suggestions regarding the Rule's substantive 
requirements for covered operators. The Commission periodically reviews 
the Rule to ensure that it effectively protects children's online 
privacy, as directed by Congress, as new online technologies evolve, 
and to clarify existing obligations for operators under the Rule. For 
example, the Commission substantively revised the Rule in 2013.\2\ The 
Commission will take these two comments under advisement in evaluating 
the Rule's continued effectiveness. The other comments were non-
germane.
---------------------------------------------------------------------------

    \1\ 83 FR 49557 (October 2, 2018).
    \2\ 78 FR 3972, 4005 (Jan. 17, 2013).
---------------------------------------------------------------------------

    The associated burden estimates in the statement below concern 
strictly recurring compliance obligations under the COPPA Rule.

Burden Statement \3\
---------------------------------------------------------------------------

    \3\ Details underlying the estimates within this Burden 
Statement can be found in the October 2, 2018 Federal Register 
Notice.

    1. Estimated annual hours burden: 17,700 hours.
    (a) New entrant web operators' disclosure burden: 16,800 hours.
    (b) Safe harbor applicant reporting requirements: 100 hours, 
rounded (for an estimated one additional safe harbor applicant).
    (c) Annual audit and report for safe harbor programs: 800 hours.
    (d) Safe harbor program recordkeeping requirements: 0 or minimal.
    2. Estimated annual labor costs: $5,768,900.
    (a) New entrant web operators' disclosure burden: $5,723,200.
    (b) Safe harbor applicant reporting requirements: $18,500.
    (c) Annual audit and report for safe harbor programs: $27,200.
    (d) Safe harbor program recordkeeping requirements: $0 or marginal.
    3. Estimated annual non-labor costs: $0.

Request for Comments

    You can file a comment online or on paper. For the FTC to consider 
your comment, we must receive it on or before March 6, 2019. Write 
``COPPA Rule: Paperwork Comment, FTC File No. 155408'' 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 FTC website, at http://www.ftc.gov/os/publiccomments.shtm.
    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, or to send them to the Commission by courier or 
overnight service. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/coppapra2 by following the instructions on the web-based form. When 
this Notice appears at http://www.regulations.gov/#!home, you also may 
file a comment through that website.
    If you file your comment on paper, write ``COPPA Rule: Paperwork 
Comment, FTC File No. 155408'' on your comment and on the envelope, and 
mail it to the following address: Federal Trade Commission, Office of 
the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 
20024. If possible, submit your paper comment to the Commission by 
courier or overnight service.
    Because your comment will be placed on the publicly accessible FTC 
website at https://www.ftc.gov/, you are solely responsible for making 
sure that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else's Social 
Security number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. You are also 
solely responsible for making sure that your comment does not include 
any sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 
16 CFR 4.10(a)(2)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must 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 on the public FTC website--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC website, 
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 March 6, 2019. 
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. For supporting documentation and other 
information underlying the PRA discussion in this Notice, see http://www.reginfo.gov/public/jsp/PRA/praDashboard.jsp.
    Comments on the information collection requirements subject to 
review under the PRA should additionally be submitted to OMB. If

[[Page 1468]]

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 can also be sent by email to [email protected].

Heather Hippsley,
Deputy General Counsel.
[FR Doc. 2019-00904 Filed 2-1-19; 8:45 am]
 BILLING CODE 6750-01-P