30-Day Federal Register Notice

(2019) 30-day Federal Register Notice 3038-0067.pdf

Part 162 - Protection of Consumer Information under the Fair Credit Reporting Act

30-Day Federal Register Notice

OMB: 3038-0067

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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Notices
the original notice remain unchanged.
Previously submitted comments do not
need to be resubmitted.

DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–C–2019–0029]

Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.

Request for Comments on Patenting
Artificial Intelligence Inventions

[FR Doc. 2019–21190 Filed 9–27–19; 8:45 am]

United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Request for comments;
extension of comment period.
AGENCY:

The United States Patent and
Trademark Office (USPTO) published a
request for comments in the Federal
Register on August 27, 2019, seeking
public comment on the subject of
patenting artificial intelligence
inventions. Through this notice, the
USPTO is extending the period for
public comment until November 8,
2019.
DATES: Written comments must be
received on or before November 8, 2019.
ADDRESSES: Written comments should
be sent by email to AIPartnership@
uspto.gov. Comments may also be
submitted by postal mail addressed to
the Director of the United States Patent
and Trademark Office, P.O. Box 1450,
Alexandria VA 22313–1450. Although
comments may be submitted by postal
mail, the USPTO prefers to receive
comments via email. Because written
comments will be made available for
public inspection, information that a
respondent does not desire to be made
public, such as a phone number, should
not be included in the written
comments.
FOR FURTHER INFORMATION CONTACT:
Coke Stewart, Senior Policy Advisor,
the Office of the Under Secretary and
Director of the USPTO, (571) 272–8600.
SUPPLEMENTARY INFORMATION: On August
27, 2019, the United States Patent and
Trademark Office published a notice in
the Federal Register requesting public
input on patent-related issues regarding
artificial intelligence inventions for
purposes of evaluating whether further
examination guidance is needed to
promote the reliability and
predictability of patenting artificial
intelligence inventions. See Request for
Comments on Patenting Artificial
Intelligence Inventions, 84 FR 44889
(Aug. 27, 2019). The notice requested
public comments on or before October
11, 2019. Through this notice, the
USPTO is extending the period for
public comment until November 8,
2019, to give interested members of the
public additional time to submit
comments. All other information and
instructions to commenters provided in
SUMMARY:

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COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), this notice announces that the
Information Collection Request (‘‘ICR’’)
abstracted below has been forwarded to
the Office of Management and Budget
(‘‘OMB’’) for review and comment. The
ICR describes the nature of the
information collection and its expected
costs and burden.
DATES: Comments must be submitted on
or before October 30, 2019.
ADDRESSES: Comments regarding the
burden estimate or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(‘‘OIRA’’) in OMB within 30 days of this
notice’s publication by either of the
following methods. Please identify the
comments by ‘‘OMB Control No. 3038–
0067.’’
• By email addressed to:
[email protected] or
• By mail addressed to: The Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW,
Washington DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission (‘‘CFTC’’
or ‘‘Commission’’) by either of the
following methods. The copies should
refer to ‘‘OMB Control No. 3038–0067.’’
• By mail addressed to: Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW,
Washington, DC 20581;
• By Hand Delivery/Courier to the
same address; or
• Through the Commission’s website
at http://comments.cftc.gov. Please
SUMMARY:

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follow the instructions for submitting
comments through the website.
Please submit your comments to the
Commission using only one method. A
copy of the supporting statement for the
collection of information discussed
herein may be obtained by visiting
http://RegInfo.gov.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received to http://
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the
Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or remove
any or all of your submission from
http://www.cftc.gov that it may deem to
be inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
ICR will be retained in the public
comment file and will be considered as
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Jacob Chachkin, Special Counsel,
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission, (202)
418–5496, email: [email protected],
and refer to OMB Control No. 3038–
0067.
SUPPLEMENTARY INFORMATION:
Title: Part 162—Protection of
Consumer Information under the Fair
Credit Reporting Act (OMB Control No.
3038–0067). This is a request for an
extension of a currently approved
information collection.
Abstract: On July 21, 2010, President
Obama signed into law the Dodd-Frank
Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’).2
Title X of the Dodd-Frank Act, which is
titled the Consumer Financial
Protection Act of 2010 (‘‘CFP Act’’),
amends a number of federal consumer
protection laws enacted prior to the
Dodd-Frank Act including, in relevant
part, the Fair Credit Reporting Act
(‘‘FCRA’’)3 and the Fair and Accurate
1 17

CFR 145.9.
Law 111–203, 124 Stat. 1376 (2010).
3 15 U.S.C. 1681–1681x.
2 Public

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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Notices

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Credit Transactions Act of 2003 (‘‘FACT
Act’’).4 Specifically, Section 1088 of the
CFP Act sets out certain amendments to
the FCRA and the FACT Act directing
the Commission to promulgate
regulations that are intended to provide
privacy protections to certain consumer
information held by an entity that is
subject to the jurisdiction of the
Commission.
Section 1088 amends section 214(b) of
the FACT Act—which added section
624 to the FCRA in 2003—and directs
the Commission to implement the
provisions of section 624 of the FCRA
with respect to persons that are subject
to the Commission’s enforcement
jurisdiction. Section 624 of the FCRA
gives a consumer the right to block
affiliates of an entity subject to the
Commission’s jurisdiction from using
certain information obtained from such
entity to make solicitations to that
consumer (hereinafter referred to as the
‘‘affiliate marketing rules’’).5 Under the
affiliate marketing rules, the entities
covered by the regulations are expected
to prepare and provide clear,
conspicuous and concise opt-out notices
to any consumers with whom such
entities have a pre-existing business
relationship. A covered entity only has
to provide an opt-out notice to the
extent that an affiliate of the covered
entity plans to make a solicitation to any
of the covered entity’s consumers. The
purpose of the opt-out notice is to
provide consumers with the ability to
prohibit marketing solicitations from
affiliate businesses that do not have a
pre-existing business relationship with
the consumers, but that do have access
to such consumers’ nonpublic, personal
information. A covered entity is
required to send opt-out notices at the
maximum of once every five years.
Section 1088 of the CFP Act also
amends section 628 of the FCRA and
mandates that the Commission
implement regulations requiring
persons subject to the Commission’s
jurisdiction who possess or maintain
consumer report information in
connection with their business activities
to properly dispose of that information
(hereinafter referred to as the ‘‘disposal
rules’’).6 Under the disposal rules, the
4 Public Law 108–159, 117 Stat. 1952, 1980
(2003).
5 The affiliate marketing rules are found in part
162, subpart A (Business Affiliate Marketing Rules)
of the CFTC’s regulations. 17 CFR part 162, subpart
A.
6 The disposal rules are found in part 162, subpart
B (Disposal Rules) of the CFTC’s regulations. 17
CFR part 162, subpart B.

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entities covered by the regulations are
expected to develop and implement a
written disposal plan with respect to
any consumer information within such
entities’ possession. The regulations
provide that a covered entity develop a
written disposal plan that is tailored to
the size and complexity of such entity’s
business. The purpose of the written
disposal plan is to establish a formal
plan for the disposal of nonpublic,
consumer information, which otherwise
could be illegally confiscated and used
by unauthorized third parties. Under the
rules, a covered entity is required to
develop a written disposal plan only
once, but may subsequently amend such
plan from time to time.
In addition, Section 1088 of the CFP
Act amended the FCRA by adding the
CFTC and the Securities and Exchange
Commission (‘‘SEC,’’ together with the
CFTC, the ‘‘Commissions’’) to the list of
federal agencies required to jointly
prescribe and enforce identity theft red
flags rules and guidelines and card
issuer rules. Thus, the Dodd-Frank Act
provides for the transfer of rulemaking
responsibility and enforcement
authority to the CFTC and SEC with
respect to the entities under their
respective jurisdiction. Accordingly, the
Commissions have issued final rules
and guidelines (hereinafter referred to as
the ‘‘identity theft rules’’) 7 to
implement new statutory provisions
enacted by the CFP Act that amend
section 615(e) of the FCRA and direct
the Commissions to prescribe rules
requiring entities that are subject to the
Commissions’ jurisdiction to address
identity theft. Under the identity theft
rules, entities covered by the regulation
are required to develop and implement
reasonable policies and procedures to
identify, detect, and respond to relevant
red flags for identity theft that are
appropriate to the size and complexity
of such entity’s business and, in the case
of entities that issue credit or debit
cards, to assess the validity of, and
communicate with cardholders
regarding, address changes.8 They are

also required to provide for the
continued administration of identity
theft policies and procedures.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. On July 26, 2019, the
Commission published in the Federal
Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 84
FR 36086 (‘‘60-Day Notice’’). The
Commission did not receive any
relevant comments on the 60-Day
Notice.
Burden Statement: The Commission
is revising its burden estimate for this
collection to reflect its estimate of the
current number of CFTC registrants
subject to the requirements of part 162
regulations. In addition, this burden
estimate reflects the total burden hours
from the affiliate marketing rules
(subpart A), the disposal rules (subpart
B), and the identity theft rules (subpart
C)—the first two categories of which
were inadvertently omitted from
previous renewals. Thus the current
renewal aims to correct past omissions
by including burden calculations from
all three categories under part 162.
Accordingly, the respondent burden
for this collection is estimated to be as
follows:
Estimated Number of Respondents:
4,488.
Estimated Average Burden Hours per
Respondent: 13.25.9
Estimated Total Annual Burden
Hours: 59,459.
Frequency of Collection: As
applicable.
There are no capital costs or operating
and maintenance costs associated with
this collection.

7 The CFTC’s identity theft rules are found in part
162, subpart C (Identity Theft Red Flags) of the
CFTC’s regulations. 17 CFR part 162, subpart C.
8 The CFTC understands that CFTC-regulated
entities generally do not issue credit or debit cards,
but instead may partner with other entities, such as
banks, that issue cards on their behalf. These other
entities, which are not regulated by the CFTC, are
already subject to substantially similar change of
address obligations pursuant to other federal
regulators’ identity theft red flags rules. Therefore,
the CFTC does not expect that any CFTC-regulated
entities will be subject to the related information

[FR Doc. 2019–21077 Filed 9–27–19; 8:45 am]

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Authority: 44 U.S.C. 3501 et seq.
Dated: September 24, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
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collection requirements under the CFTC’s identity
theft rules.
9 This number reflects the average aggregate
burden hours, per respondent, in response to: (a)
disclosure (1 hr.) and recordkeeping requirements
(3.5 hrs) under the affiliate marketing rules, (b)
recordkeeping requirements under the disposal
rules (5.9 hrs), and (c) recordkeeping requirements
under the identity theft rules (2.85 hrs).

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