30-Day Federal Register Notice

30-Day FRN - 3038-0067 (87 FR 59064).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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59064

Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices

DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2021–0052]

Grant of Interim Extension of the Term
of U.S. Patent No. 7,199,162;
GrafapexTM (Treosulfan)
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of interim patent term
extension.
AGENCY:

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Robert Bahr,
Deputy Commissioner for Patents, United
States Patent and Trademark Office.
[FR Doc. 2022–21117 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–16–P

The United States Patent and
Trademark Office has issued an order
granting a one-year interim extension of
the term of U.S. Patent No. 7,199,162
(’162 patent).
FOR FURTHER INFORMATION CONTACT: Raul
Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, at 571–
272–7728 or [email protected].
SUPPLEMENTARY INFORMATION: 35 U.S.C.
156 generally provides that the term of
a patent may be extended for a period
of up to five years, if the patent claims
a product, or a method of making or
using a product, that has been subject to
certain defined regulatory review. 35
U.S.C. 156(d)(5) generally provides that
the term of such a patent may be
extended for no more than five interim
periods of up to one year each, if the
approval phase of the regulatory review
period (RRP) is reasonably expected to
extend beyond the expiration date of the
patent.
On August 25, 2022, Medac
Gesellschaft fuer Klinische
Spezialpraparate M.B.H., the owner of
record of the ’162 patent, timely filed an
application under 35 U.S.C. 156(d)(5)
for a second interim extension of the
term of the ’162 patent. The ’162 patent
claims a method of using the human
drug product known by the tradename
GRAFAPEXTM (treosulfan). The
application for interim patent term
extension indicates that a RRP as
described in 35 U.S.C. 156(g)(1)(B)(ii)
began for GRAFAPEXTM (treosulfan)
and is ongoing before the Food and Drug
Administration for permission to market
and use the product commercially.
Review of the interim patent term
extension application indicates that,
except for permission to market or use
the product commercially, the ’162
patent would be eligible for an
extension of the patent term under 35
U.S.C. 156. Because it is apparent that
the RRP will continue beyond the onceextended expiration date of the ’162
patent, i.e., October 12, 2022, a second
interim extension of the patent term
under 35 U.S.C. 156(d)(5) is appropriate.
SUMMARY:

A second interim extension under 35
U.S.C. 156(d)(5) of the term of U.S.
Patent No. 7,199,162 is granted for a
period of one year from the onceextended expiration date of the ’162
patent.

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 Information and Regulatory
Affairs (‘‘OIRA’’), of 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 31, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0067, at https://
SUMMARY:

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comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include 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
https://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:
Andrew Chapin, Associate Chief
Counsel, Market Participants Division,
Commodity Futures Trading
Commission, (202) 418–5465; 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
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
1 17

CFR 145.9.
L. 111–203, 124 Stat. 1376 (2010).

2 Pub.

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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices

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(‘‘FCRA’’) 3 and the Fair and Accurate
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
entities covered by the regulations are
3 15

U.S.C. 1681–1681x.
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.
4 Public

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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.
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
collection requirements under the CFTC’s identity
theft rules.

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59065

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 22, 2022, 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, 87
FR 43797 (‘‘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. The respondent burden for
this collection is estimated to be as
follows:
Estimated Number of Respondents:
4,420.
Estimated Total Annual Burden
Hours: 58,090.
Frequency of Collection: As
applicable.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: September 26, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–21103 Filed 9–28–22; 8:45 am]
BILLING CODE 6351–01–P

U.S. INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION
[DFC–008]

Submission for OMB Review;
Comments Request
U.S. International Development
Finance Corporation (DFC).
ACTION: Notice of information collection;
request for comment.
AGENCY:

Under the provisions of the
Paperwork Reduction Act, agencies are
required to publish a Notice in the
Federal Register notifying the public
that the agency is modifying an existing
approved information collection for
OMB review and approval and requests
public review and comment on the
submission. Comments are being
solicited on the need for the
information; the accuracy of the burden
estimate; the quality, practical utility,
and clarity of the information to be
collected; and ways to minimize
reporting the burden, including
automated collected techniques and
uses of other forms of technology.

SUMMARY:

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