Notices. Notice

11,565 words·~53 min read·/register/2006/01/20/06-518

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6712-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated.

The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than February 6, 2006. **A. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Woosung (Edward) Park* , Seattle, Washington; to retain voting shares of Pacific International Bancorp, Inc., and thereby retain voting shares of Pacific International Bank, both of Seattle, Washington.

Board of Governors of the Federal Reserve System, January 17, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-643 Filed 1-19-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843).

Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *http://www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 16, 2006. **A. Federal Reserve Bank of Chicago** (Patrick M.

Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. FBOP Corporation* , Oak Park, Illinois; to acquire at least 50 percent of the voting shares of Community Bank of Lemont, Illinois. Board of Governors of the Federal Reserve System, January 17, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-642 Filed 1-19-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION Agency Information Collection Activities; Submission for OMB Review;

Comment Request AGENCY: Federal Trade Commission (“FTC” or “Commission”). ACTION: Notice. 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”) (44 U.S.C. 3501-3520). The FTC is seeking public comments on its proposal to extend through January 31, 2009 the current PRA clearances for information collection requirements contained in four consumer financial regulations enforced by the Commission.

Those clearances expire on January 31, 2006. DATES: Comments must be received on or before February 21, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Regs BEMZ: FTC File No. P054803” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania, NW., Washington, DC 20580.

Because paper mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, (in ASCII format, WordPerfect, or Microsoft Word) as part of or as an attachment to e-mail messages directed to the following e-mail box: *paperworkcomment@ftc.gov.* However, if the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 1 1 Commission Rule 4.2(d), 16 CFR 4.2(d).

The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). All comments should additionally be submitted to: Office of Management and Budget, Attention:

Desk Officer for the Federal Trade Commission. Comments should be submitted via facsimile to

(202)395-6974 because U.S. Postal Mail is subject to lengthy delays due to heightened security precautions. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov.* As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy at *http://www.ftc.gov/ftc/privacy.htm.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the proposed information requirements should be addressed to Carole Reynolds, Attorney, Division of Financial Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave., NW., Washington, DC 20580,

(202)326-3230. SUPPLEMENTARY INFORMATION: The four regulations covered by this notice are:

(1)Regulations promulgated under The Equal Credit Opportunity Act, 15 U.S.C. 1691 *et seq.* (“ECOA”) (“Regulation B”) (Control Number: 3084-0087);

(2)Regulations promulgated under The Electronic Fund Transfer Act, 15 U.S.C. 1693 *et seq.* (“EFTA”) (“Regulation E”) (Control Number: 3084-0085);

(3)Regulations promulgated under The Consumer Leasing Act, 15 U.S.C. 1667 *et seq.* (“CLA”) (“Regulation M”) (Control Number: 3084-0086);

(4)Regulations promulgated under The Truth-In-Lending Act, 15 U.S.C. 1601 *et seq.* (“TILA”) (“Regulation Z”) (Control Number: 3084-0088). On September 28, 2005, the FTC sought comment on the information collection requirements associated with the regulations discussed below. *See* 70 FR 56696. The Commission received one comment from the National Automobile Dealers Association (“NADA”) pertaining to certain aspects of regulatory burden affecting Regulations B, M, and Z. 2 The issues raised in the NADA comment are discussed under the applicable regulation subheadings. As required by the PRA, the FTC is providing this second opportunity for public comment before requesting that OMB extend the existing paperwork clearance for the regulations discussed herein. 44 U.S.C. 3506(c)(2)(A). 2 NADA represents approximately 20,000 franchised automobile and truck dealers (“auto dealers”) who sell new and used vehicles and engage in service, repair and parts sales. NADA's comment is available at *http://www.ftc.gov/os/comments/pra-regsbemz/index.htm.* Each of these four rules impose certain recordkeeping and disclosure requirements associated with providing credit or with other financial transactions. As detailed below, FTC staff has calculated the PRA burden for each rule based on the compliance costs of entities subject to enforcement by the FTC. All of these rules require covered entities to keep certain records. As discussed below, in most instances, staff believes that these entities would generally retain these records in the normal course of business even absent the recordkeeping requirement in the rules. 3 There is also some burden associated with ensuring that covered entities do not prematurely dispose of relevant records during the period of time required by the applicable rule. 3 Because most records would be retained in the ordinary course of business, entities can use existing retention or storage facilities for any particular records that might be maintained for regulatory purposes. Additionally, as discussed below, paper retention is not required under the regulations; financial entities may use electronic or other non-paper retention formats. Disclosure requirements involve both set-up and monitoring costs as well as certain transaction-specific costs. “Set-up” burden, incurred by new entrants only, includes identifying the applicable disclosure requirements, determining compliance obligations, and designing and developing compliance systems and procedures. “Monitoring” burden, incurred by all covered entities, includes reviewing and obtaining guidance on revisions to regulatory requirements, revising compliance systems and procedures as necessary, and monitoring the ongoing operation of systems and procedures to ensure continued compliance. “Transaction-related” burden refers to the effort associated with providing the various required disclosures in individual transactions. While this burden varies with the number of transactions, the figures shown for transaction-related burden in the tables that follow are estimated averages. The actual range of compliance burden experienced by covered entities, and reflected in those averages, varies widely. Depending on the extent to which covered entities have developed computer-based systems and procedures for providing the required disclosures (and/or the extent which such entities utilize electronic transactions, communications, and/or electronic recordkeeping), and the efficacy of those systems and procedures, some entities may have little burden, while others may incur a higher burden. 4 4 For example, large retailers may use computer-based and/or electronic means to provide required disclosures, including issuing some disclosures en masse, *e.g.* , notices of changes in terms. Smaller retailers or other creditors may have less automated compliance systems but may nonetheless rely on electronic mechanisms for disclosures and recordkeeping. Regardless of size, some entities may utilize compliance systems that are fully integrated into their general business operational system; as such, they may have minimal additional burden. Other entities, including auto dealers, may have incorporated fewer of these approaches into their systems and may have a higher burden. Calculating the burden associated with the four regulations' disclosure requirements is very difficult because of the highly diverse group of affected entities. The “respondents” included in the following burden calculations consist of credit and lease advertisers, creditors, financial institutions, service providers, certain government agencies and others involved in delivering electronic fund transfers

(EFTs)of government benefits, and lessors. 5 The burden estimates represent staff's best assessment, based on its knowledge and expertise relating to the financial services industry. To derive these estimates, staff considered the wide variations in covered entities':

(1)Size and location;

(2)credit or lease products offered, extended, or advertised, and their particular terms;

(3)types of EFTs used;

(4)types and occurrences of adverse actions;

(5)types of appraisal reports utilized; and

(6)computer systems and electronic features of compliance operations. 5 The Commission generally does not have jurisdiction over banks under the applicable regulations. The required disclosures do not impose PRA burden on some covered entities because the entities make those disclosures in the ordinary course of business. In addition, as noted above, some entities use computer-based and/or electronic means of providing the required disclosures, while others rely on methods requiring more manual effort. The cost estimates shown below relate to labor costs and include the time necessary to train employees to be in compliance with the regulations. 6 The applicable PRA requirements generally impose minimal capital or other non-labor costs, as affected entities usually have the necessary equipment and storage for other business purposes. Similarly, staff estimates that compliance with these rules generally entails minimal printing and copying costs beyond that associated with documenting financial transactions in the ordinary course of business. 7 6 Employee training for these regulations often addresses far more than the notices and recordkeeping required for the regulations. Regulatory compliance is one subset of employee business training and the regulatory compliance encompasses a wide variety of issues extending beyond those for Regulations B, E, M, and Z ( *e.g.* , privacy and security, tax, and contract and other state law issues). 7 For many industries (including auto dealers), contractual obligations and financial disclosures are often merged into a single document, such as the “retail installment contract” (for credit) or “lease agreement” (for leases). This document provides contractual terms as well as various state and federal disclosures; in many instances, the terms meet federal and state contract and other state law purposes. Thus, printing and copying costs are attributable to multiple purposes, including establishing the contractual obligation of the parties, and generally occur in the ordinary course of business, rather than being solely attributable to federal disclosure mandates. Moreover, streamlined model forms are also provided for notices under the regulations, which minimizes compliance costs, including any for printing and copying. 1. Regulation B The ECOA prohibits discrimination in the extension of credit. Regulation B, 12 CFR 202, promulgated by the Board of Governors of the Federal Reserve System (“FRB”), establishes both recordkeeping and disclosure requirements to assist consumers in understanding their rights under the ECOA and to assist in detecting unlawful discrimination. The FTC enforces the ECOA as to all creditors except those that are subject to the regulatory authority of another federal agency (such as federally chartered or insured depository institutions). 8 8 Under Regulation B, for the requirements at issue, “creditor” means a person who “in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit.” *See* 12 CFR 202.2(l). *Estimated annual hours burden:* 3,689,000 hours, rounded to the nearest thousand (1,436,833 recordkeeping hours + 2,251,771 disclosure hours). *Recordkeeping:* In its comment, NADA states that burden estimates in the September 2005 **Federal Register** Notice do not account for recordkeeping of “dead deals” ( *i.e.* , customer inquiries that do not result in a vehicle sale, for example, where the customer submits a credit application at one dealership but purchases elsewhere) because these records would not be retained in the ordinary course of business. However, it is unclear that the auto dealers, or any particular auto transaction, would be covered by the aforementioned definition of “creditor” under Regulation B; a factual assessment would be necessary regarding the dealers' activities. Nonetheless, although auto dealers may or may not be covered, depending on the facts in any given situation, as discussed below, staff has increased its burden estimates to account for the possibility of additional recordkeeping costs for these items. FTC staff estimates that Regulation B's general recordkeeping requirements affect 1,000,000 credit firms subject to the Commission's jurisdiction, at an average annual burden of 1.25 hours per firm, for a total of 1,250,000 hours. 9 Staff also estimates that the requirement that mortgage creditors monitor information about race/national origin, sex, age, and marital status imposes a maximum burden of one minute each for approximately eleven million credit applications (based on industry data regarding the approximate number of mortgage purchase and refinance originations), for a total of 183,333 hours. 10 Staff also estimates that recordkeeping of self-testing subject to the regulation would affect 2,500 firms, with an average annual burden of one hour per firm, for a total of 2,500 hours, and that recordkeeping of any corrective action for self-testing would affect 250 firms in a given year, with an average annual burden of four hours per firm, for a total of 1,000 hours. The total estimated recordkeeping burden is 1,436,833 hours. 9 As aforementioned, in light of NADA's comment, staff has increased its previous estimate. 10 Regulation B contains model forms that creditors may use to gather and retain the required information. *Disclosure:* Regulation B requires that creditors ( *i.e.* , entities that regularly participate in a credit decision, including setting the terms of the credit) provide notices whenever they take adverse action. NADA asserts that burden estimates are understated, in view of recent developments, including case law, which necessitates additional specialized compliance training. Although staff believes its estimates encompassed these matters—and such regulatory compliance training tends to involve multiple topics under Federal and state law—staff has increased its adverse action disclosure estimates to account for these issues. Regulation B also requires entities that extend various types of mortgage credit to provide a copy of the appraisal report to applicants or to notify them of their right to a copy of the report (and thereafter provide a copy of the report, upon the applicant's request). It also requires that for accounts which spouses may use or for which they are contractually liable, creditors who report credit history must do so in a manner reflecting both spouses' participation. Further, it requires creditors that collect applicant characteristics for purposes of conducting a self-test to disclose to those applicants that providing the information is optional, that the creditor will not take the information into account in any aspect of the credit transactions, and, if applicable, that the information will be noted by visual observation or surname if the applicant chooses not to provide it. 11 11 The disclosure may be provided orally or in writing. Regulation B provides a model form to assist creditors in providing the disclosure. The FRB added this disclosure requirement in 2003. *See* 52 FR 13144, 13163-64 (Mar. 18, 2003). Regulation B applies to retailers, mortgage lenders, mortgage brokers, finance companies, Internet businesses, and others. Below is staff's best estimate of burden applicable to this highly broad spectrum of covered entities. Disclosure Setup/Monitoring 1 Respondents Average Burden per Respondent Total Setup/Monitoring Burden Transaction-related 2 Number of Transactions Average Burden per Transaction Total Transaction Burden Total Burden Credit history reporting 250,000 .25 62,500 125,000,000 .25 520,833 583,333 Adverse action notices 3 1,000,000 .75 750,000 200,000,000 .25 833,333 1,583,333 Appraisal notices 25,000 .5 12,500 7,000,000 .25 29,167 41,667 Appraisal reports 25,000 .5 12,500 7,000,000 .25 29,167 41,667 Self-test disclosures 2,500 .5 1,250 125,000 .25 521 1,771 Total 2,251,771 1 With respect to appraisal notices and appraisal reports, the above figures reflect an increase in applicable mortgage entities. The figures assume that approximately half of those entities (.5 × 50,000, or 25,000 businesses) would not otherwise provide this information and thus would be affected. The figures also assume that all applicable entities would provide notices first and thereafter provide the reports upon request. 2 The above figures reflect an increase in mortgage transactions. They assume that half of applicable mortgage transactions (.5 × 14,000,000 or 7,000,000) would not otherwise provide the appraisal notices and reports and thus would be affected. 3 These figures include the fact that for incomplete applications, creditors may initially provide the adverse action notice or a notice of incompleteness. *Estimated annual cost burden:* $74,754,000, rounded to the nearest thousand ($22,298,493 recordkeeping cost + $52,455,799 disclosure cost). Staff calculated labor costs by applying appropriate hourly cost figures to the burden hours described above. The hourly rates used below ($32 for managerial or professional time, 12 $21 for skilled time, and $14 for clerical time) are averages, based on current Bureau of Labor Statistics cost figures. 12 In view of NADA's comment, staff has utilized higher hourly rates of $49 for “attorney or professional time” for specialized training in adverse action requirements, as part of the cost of compliance. *Recordkeeping:* Staff estimates that the general recordkeeping responsibility of 1.25 hours per creditor would involve approximately 90 percent clerical time and 10 percent skilled technical time. Keeping records of race/national origin, sex, age, and marital status requires an estimated one minute of skilled technical time. Keeping records of the self-test responsibility and of any corrective actions requires an estimated one hour and four hours, respectively, of skilled technical time. As shown below, the total recordkeeping cost is $22,298,493. *Disclosure:* For each notice or information item listed, staff estimates that the burden hours consist of 10 percent managerial or professional time and 90 percent skilled technical time. As shown below, the total disclosure cost is $52,455,799. Required task Managerial Time (hours) Cost ($32/hr.) 1 Skilled technical Time (hours) Cost ($21/hr.) Clerical Time (hours) Cost ($14/hr.) Total cost ($) General recordkeeping 0 $0 125,000 $2,625,000 1,125,000 $15,750,000 $18,375,000 Other recordkeeping 0 0 183,333 3,849,993 0 0 3,849,993 Recordkeeping of test 0 0 2,500 52,500 0 0 52,500 Recordkeeping of corrective action 0 0 1,000 21,000 0 0 21,000 Total Recordkeeping 22,298,493 Credit history reporting 58,333 1,866,656 525,000 11,025,000 0 0 12,891,656 Adverse action notices 158,333 7,758,317 1,425,000 29,925,000 0 0 37,683,317 Appraisal notices 4,167 133,344 37,500 787,500 0 0 920,844 Appraisal reports 4,167 133,344 37,500 787,500 0 0 920,844 Self-test disclosure 177 5,664 1,594 133,474 0 0 39,138 Total Disclosure 52,455,799 Total Recordkeeping and Disclosure 74,754,292 1 The above figures reflect that for adverse action, hourly rates of $49 for attorney/professional time were used due to specialized training. 2. Regulation E The EFTA requires accurate disclosure of the costs, terms, and rights relating to EFT services to consumers. Regulation E, 12 CFR part 205, promulgated by the FRB, establishes both recordkeeping and disclosure requirements applicable to entities providing EFT services to consumers. The FTC enforces the EFTA as to all entities providing EFT services except those that are subject to the regulatory authority of another Federal agency (such as federally chartered or insured depository institutions). *Estimated annual hours burden:* 3,580,000 hours (500,000 recordkeeping hours + approximately 3,080,000 disclosure hours). *Recordkeeping:* Staff estimates that Regulation E's recordkeeping requirements affect 500,000 firms offering EFT services to consumers and subject to the Commission's jurisdiction, at an average annual burden of one hour per firm, for a total of 500,000 hours. *Disclosure:* Regulation E applies to financial institutions (including certain retailers and electronic commerce entities), service providers, various Federal and state agencies offering EFTs, and others. Below is staff's best estimate of burden applicable to this highly broad spectrum of covered entities. Disclosure Setup/monitoring Respondents Average burden per respondent Total setup/monitoring burden Transaction-related Number of transactions Average burden per transaction Total transaction burden Total burden Initial terms 100,000 .5 50,000 1,000,000 .02 333 50,333 Change in terms 25,000 .5 12,500 33,000,000 .02 11,000 23,500 Periodic statements 100,000 .5 50,000 1,200,000,000 .02 400,000 450,000 Error resolution 100,000 .5 50,000 1,000,000 5 83,333 133,333 Transaction receipts 100,000 .5 50,000 5,000,000,000 .02 1,666,667 1,716,667 Preauthorized transfers 500,000 .5 250,000 1,000,000 .25 4,167 254,167 Service provider notices 100,000 .25 25,000 1,000,000 .25 4,167 29,167 Govt. benefit notices 10,000 .5 5,000 100,000,000 .25 416,667 421,667 ATM notices 500 .25 125 250,000 .25 1,041 1,166 Total 3,080,000 *Estimated annual cost burden:* $75,418,000, rounded to the nearest thousand ($7,350,000 recordkeeping cost + $68,068,000 disclosure cost). Staff calculated labor costs by applying appropriate hourly cost figures to the burden hours described above. The hourly rates used below ($32 for managerial time, $21 for skilled technical time, and $14 for clerical time) are averages, based on current Bureau of Labor Statistics cost figures. *Recordkeeping:* For the 500,000 recordkeeping hours, staff estimates that 10 percent of the burden hours require skilled technical time and 90 percent require clerical time. As shown below, the total recordkeeping cost is $7,350,000. *Disclosure:* For each notice or information item listed, staff estimates that 10 percent of the burden hours require managerial time and 90 percent require skilled technical time. As shown below, the total disclosure cost is $68,068,000. Required task Managerial Time (hours) Cost ($32/hr.) Skilled technical Time (hours) Cost ($21/hr.) Clerical Time (hours) Cost ($14/hr.) Total cost ($) Recordkeeping 0 $0 50,000 $1,050,000 450,000 $6,300,000 $7,350,000 Disclosure: Initial terms 5,033 161,056 45,300 951,300 0 0 1,112,356 Change in terms 2,350 75,200 21,150 444,150 0 0 519,350 Periodic statements 45,000 1,440,000 405,000 8,505,000 0 0 9,945,000 Error resolution 13,333 426,650 120,000 2,520,000 0 0 2,946,656 Transaction receipts 171,667 5,493,344 1,545,000 32,445,000 0 0 37,938,344 Preauthorized transfers 25,417 813,344 228,750 4,803,750 0 0 5,617,094 Service provider notices 2,917 93,344 26,250 551,250 0 0 644,594 Govt. benefit notices 42,167 1,349,344 379,500 7,969,500 0 0 9,318,844 ATM Notices 116 3,712 1,050 22,050 0 0 25,762 Total Disclosure 68,068,000 Total Recordkeeping and Disclosures 75,418,000 3. Regulation M The CLA requires accurate disclosure of the costs and terms of leases to consumers. Regulation M, 12 CFR part 213, promulgated by the FRB, establishes disclosure requirements that assist consumers in comparison shopping and in understanding the terms of leases and recordkeeping requirements that assist enforcement of the CLA. The FTC enforces the CLA as to all lessors and advertisers except those that are subject to the regulatory authority of another federal agency (such as federally chartered or insured depository institutions). *Estimated annual hours burden:* 292,000 hours, rounded to the nearest thousand (150,000 recordkeeping hours + 141,667 disclosure hours). *Recordkeeping:* Staff estimates that Regulation M's recordkeeping requirements affect approximately 150,000 firms leasing products to consumers and subject to the Commission's jurisdiction, at an average annual burden of one hour per firm, for a total of 150,000 hours. *Disclosure:* Regulation M applies to automobile lessors (such as auto dealers, independent leasing companies, and manufacturers' captive finance companies), computer lessors (such as computer dealers and other retailers), furniture lessors, various electronic commerce lessors, and diverse types of lease advertisers, and others. As aforementioned, NADA asserts that burden estimates are understated, in view of recent developments, including case law, which necessitates additional specialized compliance training. Although staff believes its estimates encompassed these matters—and, as noted above, such regulatory compliance training tends to involve multiple topics under Federal and state law—staff has increased its burden estimates pertaining to auto leases to account for these issues. Additionally, NADA asserts that estimates are understated due to printing and copying costs associated with providing Regulation M disclosures on lease agreements and retention of paper records. However, these contracts, and the specific lease terms, serve a dual purpose of providing contractual provisions as well as regulatory information; the material is generally part of the agreement under state law. Moreover, Regulation M does not mandate paper record retention: it permits companies to use electronic and other nonpaper forms of record retention. As more dealers shift to such other formats, any such costs should decrease or be eliminated. Staff believes, therefore, that additional increases based on this consideration are not appropriate. Accordingly, below is staff's best estimate of burden applicable to this highly broad spectrum of covered entities. Disclosure Setup/monitoring Respondents Average burden per respondent Total setup/monitoring burden Transaction-related Number of transactions Average burden per transaction Total transaction burden Total burden Auto Leases 1 50,000 1 50,000 2,500,000 .50 20,833 70,833 Other Leases 2 100,000 .50 50,000 1,000,000 .25 4,167 54,167 Advertising 25,000 .50 12,500 1,000,000 .25 4,167 16,667 Total 141,667 1 This category focuses on consumer vehicle leases. Vehicle leases are subject to more lease disclosure requirements (pertaining to computation of payment obligations) than other lease transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 213.2(e)(1). 2 This category focuses on all types of consumer leases other than vehicle leases. It includes leases for computers, other electronics, small appliances, furniture, and other transactions. (Only consumers leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 213.2(e)(1). *Estimated annual cost burden:* $5,456,000, rounded to the nearest thousand ($2,205,000 recordkeeping cost + $3,251,255 disclosure cost). Staff calculated labor costs by applying appropriate hourly cost figures to the burden hours described above. The hourly rates used below ($32 for managerial or professional time, 13 $21 for skilled technical time, and $14 for clerical time) are averages, based on current Bureau of Labor Statistics cost figures. 13 In view of NADA's comment, staff has utilized higher hourly rates of $49 for “attorney or professional time” to reflect the need for specialized training in lease requirements, as part of the cost of compliance. *Recordkeeping:* For the 150,000 recordkeeping hours, staff estimates that 10 percent of the burden hours require skilled technical time and 90 percent require clerical time. As shown below, the total recordkeeping cost is $2,205,000. *Disclosure:* For each notice or information item listed, staff estimates that 10 percent of the burden hours require managerial or professional time and 90 percent require skilled technical time. As shown below, the total disclosure cost is $3,251,255. Required task Managerial Time (hours) Cost ($32/hr.) 1 Skilled technical Time (hours) Cost ($21/hr.) Clerical Time (hours) Cost ($14/hr.) Total cost ($) Recordkeeping 0 $0 15,000 $315,000 135,000 $1,890,000 $2,205,000 Disclosures: Auto Leases 7,083 347,067 63,750 1,338,750 0 0 1,685,817 Other Leases 5,417 173,344 48,750 1,023,750 0 0 1,197,094 Advertising 1,667 53,344 15,000 315,000 0 0 368,344 Total Disclosures 3,251,255 Total Recordkeeping and Disclosures 5,456,255 1 The above figures reflect that for auto leases, hourly rates of $49 for attorney/professional time were used due to specialized training. 4. Regulation Z The TILA was enacted to foster comparison credit shopping and informed credit decision making by requiring accurate disclosure of the costs and terms of credit to consumers. Regulation Z, 12 CFR part 226, promulgated by the FRB, establishes both recordkeeping and disclosure requirements to assist consumers and the enforcement of the TILA. The FTC enforces the TILA as to all creditors and advertisers except those that are subject to the regulatory authority of another Federal agency (such as federally chartered or insured depository institutions). *Estimated annual hours burden:* 17,639,000 hours, rounded to the nearest thousand (1,000,000 recordkeeping hours + 16,639,165 disclosure hours). *Recordkeeping:* FTC staff estimates that Regulation Z's recordkeeping requirements affect approximately 1,000,000 firms offering credit and subject to the Commission's jurisdiction, at an average annual burden of one hour per firm, for a total of 1,000,000 hours. *Disclosure:* Regulation Z disclosure requirements pertain to open-end and closed-end credit. The Regulation applies to retailers (such as department stores, appliance stores, discount retailers, medical-dental service providers, home improvement sellers, and electronic commerce retail operators); mortgage companies; finance companies; credit advertisers; auto dealerships; student loan companies; home fuel or power services (for furnaces, stoves, microwaves, and other heating, cooling or residential power equipment); credit advertisers; and others. NADA asserts that the burden estimates for closed end credit disclosures are understated in view of recent developments including case law, which necessitates additional specialized compliance training. As noted, although staff believes its estimates encompassed these matters—and such regulatory compliance training tends to involve multiple topics under federal and state law—staff has increased its estimates pertaining to closed-end credit disclosures to account for these issues. Additionally, NADA asserts that estimates are understated due to printing and copying costs associated with providing Regulation Z disclosures on retail installment contracts. However, these contracts, and the specific credit terms, serve a dual purpose of providing contractual provisions as well as regulatory information; the material is generally part of the agreement under state law. Staff believes, therefore, that additional increases based on this consideration are, therefore, not appropriate. Accordingly, below is staff's best estimate of burden applicable to this highly broad spectrum of covered entities. Disclosure 1 Setup/Monitoring Respondents Average burden per respondent Total setup/monitoring burden Transaction-related Number of transactions Average burden per transaction Total transaction burden Total burden Open-end credit: Initial terms 100,000 .5 50,000 50,000,000 .25 208,333 258,333 Rescission notices 10,000 .5 5,000 500,000 .25 2,083 7,083 Change in terms 25,000 .5 12,500 136,000,000 .125 283,333 295,833 Periodic statements 100,000 .5 50,000 4,800,000,000 .0625 5,000,000 5,050,000 Error resolution 100,000 .5 50,000 10,000,000 .5 833,333 883,333 Credit and charge card accounts 100,000 .5 50,000 50,000,000 .25 208,333 258,333 Home equity lines of credit 10,000 .5 5,000 5,000,000 .25 20,833 25,833 Advertising 250,000 .25 62,500 700,000 .5 5,833 68,333 Closed-end credit: Credit disclosures 800,000 .75 600,000 330,000,000 1.5 8,250,000 8,850,000 Rescission notices 100,000 .50 50,000 34,000,000 1 566,667 616,667 Variable rate mortgages 75,000 .50 37,500 3,000,000 1.5 75,000 112,500 High rate/high-fee mortgages 50,000 .50 25,000 750,000 1.5 18,750 43,750 Reverse mortgages 50,000 .50 25,000 150,000 1 2,500 27,500 Advertising 500,000 .25 125,000 1,000,000 1 16,667 141,667 Total open-end credit 6,847,081 Total closed-end credit 9,792,084 Total credit 16,639,165 1 Open-end transactions with rescission notices (where the notices may not be otherwise provided) have increased. Closed-end variable rate mortgages have increased. Computer technology use has expanded in some closed-end areas with lengthy disclosures that previously involved more manual efforts, *i.e.* , credit, variable rate, and high rate/high fee disclosures. *Estimated annual cost burden:* $397,471,000, rounded to the nearest thousand ($14,700,000 recordkeeping cost + $382,770,530 disclosure cost). Staff calculated labor costs by applying appropriate hourly cost figures to the burden hours described above. The hourly rates used below ($32 for managerial or professional time, 14 $21 for skilled technical time, and $14 for clerical time) are averages, based on current Bureau of Labor Statistics cost figures. 14 In view of NADA's comment, staff has utilized higher hourly rates of $49 for “attorney or professional time” to reflect the need for specialized training in closed-end credit requirements, as part of the cost of compliance. *Recordkeeping:* For the 1,000,000 recordkeeping hours, staff estimates that 10 percent of the burden hours require skilled technical time and 90 percent require clerical time. As shown below, the total recordkeeping cost is $14,700,000. *Disclosure:* For each notice or information item listed, staff estimates that 10 percent of the burden hours require managerial or professional time and 90 percent require skilled technical time. As shown below, the total disclosure cost is $382,770,530. Required task Managerial Time (hours) Cost ($32/hr.) 1 Skilled technical Time (hours) Cost ($21/hr.) Clerical Time (hours) Cost ($14/hr.) Total cost ($) Recordkeeping 0 $0 100,000 $2,1000,000 900,000 $12,600,000 $14,700,000 Open-end credit Disclosures: Initial terms 25,833 826,656 232,500 4,882,500 0 0 5,709,156 Rescission notices 708 22,656 6,375 133,875 0 0 156,531 Change in terms 29,583 946,656 266,250 5,591,250 0 0 6,537,906 Periodic statements 505,000 16,160,000 4,545,000 95,445,000 0 0 111,605,000 Error resolution 88,333 2,826,656 795,000 16,695,000 0 0 19,521,656 Credit and charge card accounts 25,833 826,656 232,500 4,882,500 0 0 5,709,156 Home equity lines of credit 2,583 82,656 23,250 488,250 0 0 570,906 Advertising 6,833 218,656 61,500 1,291,500 0 0 1,510,156 Total open-end credit 151,320,467 Closed-end credit Disclosures: Credit disclosures 885,000 43,365,000 7,965,000 167,265,000 0 0 210,630,000 Rescission notices 61,667 1,973,344 555,000 11,655,000 0 0 13,628,344 Variable rate mortgages 11,250 360,000 101,250 2,126,250 0 0 2,486,250 High-rate/high-fee mortgages 4,375 140,000 39,375 826,875 0 0 966,875 Reverse mortgages 2,750 88,000 24,750 519,750 0 0 607,750 Advertising 14,167 453,344 127,500 2,677,500 0 0 3,130,844 Total closed-end credit 231,450,063 Total Disclosures 382,770,530 Total Recordkeeping and Disclosures 397,470,530 1 The above figures reflect that for credit disclosures, hourly rates of $49 for attorney/professional time were used due to specialized training. John D. Graubert, Acting General Counsel. [FR Doc. E6-626 Filed 1-19-06; 8:45 am] BILLING CODE 6750-01-P FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension AGENCY: Federal Trade Commission (“FTC” or “Commission”). ACTION: Notice. SUMMARY: The FTC is seeking public comments on its proposal to extend through February 28, 2009 the current Paperwork Reduction Act (“PRA”) clearance for information collection requirements contained in its Telemarketing Sales Rule, 16 CFR part 435 (“TSR” or “Rule”). That clearance expires on February 28, 2006. DATES: Comments must be received on or before March 21, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Telemarketing Sales Rule: FTC File No. P994414” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission, Room H 135 (Annex J), 600 Pennsylvania Ave., NW., Washington, DC 20580. Because paper mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, (in ASCII format, WordPerfect, or Microsoft Word) as part of or as an attachment to e-mail messages directed to the following e-mail box: *paperworkcomment@ftc.gov.* However, if the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 1 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov.* As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy at *http://www.ftc.gov/ftc/privacy.htm.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the proposed information requirements should be sent to Catherine Harrington-McBride, Attorney, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave., NW., Washington, DC 20580,

(202)326-2452. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act (“PRA”), 44 U.S.C. 3501-3520, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing paperwork clearance for the regulations noted herein. The FTC invites comments on:

(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before March 21, 2006. The TSR implements the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. 6101-6108 (“Act”), as amended by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (“USA PATRIOT Act”), Pub. L. 107056 (Oct. 25, 2001). The Act seeks to prevent deceptive or abusive telemarketing practices in telemarketing, which, pursuant to the USA PATRIOT Act, includes calls made to solicit charitable contributions. It mandates certain disclosures by telemarketers, and directs the Commission to consider including recordkeeping requirements in promulgating a telemarketing rule to address such practices. As required by the Act, the TSR mandates certain disclosures regarding telephone sales and requires telemarketers to retain certain records regarding advertising, sales, and employees. The disclosures provide consumers with information necessary to make informed purchasing decisions. The records are available for inspection by the Commission and other law enforcement personnel to determine compliance with the Rule. Records may also yield information helpful to measuring and redressing consumer injury stemming from Rule violations. The Supporting Statement for Information Collection Provisions of the Telemarketing Sales Rule (OMB Control No. 3084-0097) (“2003 Supporting Statement”), submitted to OMB following the 2003 amendment of the TSR, includes substantial analysis in support of the burden estimates included in that document. 2 Those estimates differ, in some ways significantly, from previous burden estimates for two reasons:

(1)The amended TSR has increased scope and application to new entities; and

(2)industry members provided, for the first time, statistical information on the telemarketing industry pursuant to the request for comments in the rulemaking proceeding. 2 The 2003 Supporting Statement is available at *http://www.ftc.gov/bcp/rulemaking/tsr/tsrrulemaking/tsrss2003.pdf.* The figures used in this notice are based on those from the 2003 Supporting Statement, updated when necessary and when newer figures are available. Burden Statement *Estimated annual hours burden:* 2,475,000 hours (rounded to nearest thousand). The estimated recordkeeping burden is 45,000 hours for all industry members affected by the Rule. The estimated burden related to the disclosures that the Rule requires is 2,430,000 hours (rounded to nearest thousand) for all affected industry members, for a total of 2,475,000 burden hours. *Recordkeeping:* Following the publication of the amended TSR in 2003, the Commission estimated that there were 7,400 telemarketing firms that were potentially subject to the Rule. This estimate was based on the limited input the Commission received in response to the Original User Fee NPRM, 67 FR 37,362 (May 29, 2002), regarding the number of firms that would likely access the National Do Not Call Registry as well as further staff assumptions applied to the information received. Since that time, the Commission has begun operation of the National Do Not Call Registry, and, in calendar year 2004, 60,611 entities accessed the registry. Of these, 552 were “exempt” entities obtaining access to data for more than one state. 3 By definition, none of the “exempt” entities are subject to the TSR. Additionally, 46,113 were non-exempt entities obtaining data for only a single state. Staff assumes that these entities are operating solely intrastate, and thus are exempt from the TSR. 4 Thus, staff estimates that 14,000 entities, rounded to the nearest thousand, [60,611−552−46,113 = 13,946] are currently subject to the TSR. 3 An exempt entity is one that, although not subject to the TSR, chooses to voluntarily scrub its calling lists against the data in the National Do Not Call Registry. 4 These entities would nonetheless likely be subject to the Federal Communication Commission's Telephone Consumer Protection Act regulations, including the requirement that entities engaged in intrastate telephone solicitations access the National Do Not Call Registry. The staff estimates that these 14,000 telemarketing entities subject to the Rule each require approximately 2.3 hours per year to file and store records required by the TSR for an annual total of 32,000 burden hours (rounded to the nearest thousand). The Commission also estimates that 75 new entrants per year would need to spend 100 hours each developing a recordkeeping system that complies with the Rule for an annual total of 7,500 burden hours. These figures, based on prior estimates, are not contradicted by further research conducted by Commission staff. Thus, the total estimated annual recordkeeping burden for new and existing telemarketing entities is 40,000 hours (rounded to the nearest thousand). In the 2003 Supporting Statement, the Commission estimated that 2,500 telefunder firms—professional telefunders soliciting on behalf of charities—would also be subject to the Rule, which was amended to include calls to solicit charitable contributions pursuant to the USA PATRIOT Act. Staff estimated that the recordkeeping burden per entity per year would be no more than one hour for a cumulative total of approximately 2,500 hours. Staff also estimated that 25 new telefunding entrants per year would require 100 hours each to set up recordkeeping systems that would comply with the TSR. Thus, the cumulative recordkeeping burden for telefunder firms was 5,000 hours. No new data suggests that these estimates have changed; therefore, the Commission retains these estimates. The cumulative annual recordkeeping burden for all entities subject to the TSR—both telefunder and telemarketing firms alike—is 45,000 hours. *Disclosure:* Staff believes that a substantial majority of telemarketers now make in the ordinary course of business the disclosures the Rule requires because to do so constitutes good business practice. To the extent this is so, the time and financial resources needed to comply with disclosure requirements do not constitute “burden.” 16 CFR 1320.3(b)(2). Moreover, many state laws require the same or similar disclosures the Rule mandates. Thus, the disclosure hours burden attributable solely to the Rule is far less than the total number of hours associated with the disclosures overall. As when the Commission last sought OMB clearance, staff estimates that the disclosures the Rule requires would be made in at least 75 percent of telemarketing calls even absent the Rule. Accordingly, staff determined that the hours burden estimate for the Rule's disclosure requirements is 25 percent of the total hours associated with disclosures of the type the TSR requires. Staff estimates the portion attributable to the Rule to be 2,430,000 (rounded to the nearest thousand). The components of this total are detailed in the immediately following paragraphs that address hours burden. Staff estimates that the 14,000 telemarketing entities subject to the Rule make 6.2 billion calls per year, or 443,000 calls per year per company (rounded to the nearest thousand). The TSR provides that if an industry member chooses to solicit inbound calls from consumers by advertising media other than direct mail or by using direct mail solicitations that make certain required disclosures (providing for an inbound telephone call as a possible response), that member is exempted from complying with the Rule's oral disclosures. Based on previous estimates, staff estimates that of the 14,000 telemarketing entities, 11,800 firms conduct inbound telemarketing, and that of these, 4,000 will choose to adopt marketing methods that exempt them from complying with the Rule's verbal disclosure requirements. The Commission staff retains its estimate that, in a telemarketing call involving the sale of goods or services, it takes 7 seconds for telemarketers to disclose the required outbound call information orally plus 3 additional seconds to disclose the information required in the case of an upsell. Staff also retains its estimate that at least 60 percent of sale calls result in “hang-ups” before the telemarketer can make all the required disclosures and that “hang-up” calls consume only 2 seconds. Accordingly, staff estimates that the total time associated with these disclosure requirements is approximately 1.1 million hours per year [((1.2 billion non-hangup calls [2.9 billion outbound calls x 40%] × 7 seconds) + (1.7 billion hangup calls [2.9 billion × 60%] × 2 seconds) + (570 million calls × 40% [estimated upsell conversion] × 3 seconds) + (3.3 billion inbound calls × 40% [estimated upsell conversion] × 3 seconds)) × 25% burden] or 79 hours per firm [1.1 million hours/14,000 firms]. The TSR also requires further disclosures in telemarketing sales calls before the customer pays for goods or services. These disclosures include the total costs of the offered goods or services; all material restrictions; and all material terms and conditions of the seller's refund, cancellation, exchange, or repurchase policies (if a representation about such a policy is a part of the sales offer). Additional specific disclosures are required if the call involves a prize promotion, the sale of credit card loss protection products or an offer with a negative option feature. Staff estimates that the general sales disclosures require 499,000 hours annually. This figure includes the burden for written disclosures [(4,000 firms [estimated using direct mail] × 10 hours per year × 25% burden) = 10,000 hours, as well as the figure for oral disclosures [(570 million calls × 8 seconds × 25% burden) + (570 million outbound calls × 40% (upsell conversion) × 20% sales conversion × 25% burden × 8 seconds) + (3.3 billion inbound calls × 40% upsell conversion × 20% sales conversion + 25% burden × 8 seconds) ]. Staff also estimates that the specific sales disclosures require 53,000 hours annually [(570 million calls × 5% [estimated involving prize promotion] × 3 seconds × 25% burden) + (570 million calls × .1% [estimated involving credit card loss protection (“CCLP”)] × 4 seconds) + (570 million calls × 40% upsell conversions × 20% sales conversions × .1% [estimated involving CCLP] × 4 seconds) + (3.3 billion inbound calls × 40% upsell conversion × 20% sales conversion × .1% [estimated involving CCLP] × 4 seconds) + (570 million calls × 10% [estimated involving negative options] × 4 seconds × 25% burden) + (570 million calls × 40% upsell conversion × 20% sales conversions × 10% [estimated involving negative options] × 4 seconds × 25% burden) + (3.3 billion inbound calls × 40% upsell conversions × 20% sales conversions × 10% [estimated involving negative options] × 4 seconds × 25% burden)] + (3.3 billion inbound calls × .3% [estimated business opportunity] × 8 seconds). The total burden for all of the sales disclosures is 552,000 hours annually or 39 hours annually per firm. The Commission staff also retains its prior estimate that 2,500 telefunder firms are subject to the Rule. The only disclosure that the TSR requires in solicitations for charitable contributions is the disclosure in § 310.4(e). The total burden for disclosures made in solicitations for charitable contributions is 778,000 hours (rounded to the nearest thousand) [(1.6 billion calls with no early hang up × 4 seconds × 25% burden) + (2.4 billion calls with early hang-up × 2 seconds × 25% burden]. Thus, the cumulative annual disclosure burden for all entities subject to the TSR—both telefunder and telemarketing firms alike—is 2,430,000 hours. *Estimated annual labor cost burden:* $20,315,000. The estimated labor cost for recordkeeping for all entities, both telefunders and telemarketing firms, is $20,315,000. Assuming a cumulative burden of 7,500 hours/year to set up compliant recordkeeping systems for telemarketing entities, and applying to that a skilled labor rate of $20/hour, start-up costs would approximate $150,000 yearly for all new telemarketing entities. Staff also estimates that existing telemarketing industry members require 14,000 hours, cumulatively, to maintain compliance with the TSR's recordkeeping provisions. Applying a clerical cost rate of $10/hour, cumulative recordkeeping maintenance would cost approximately $140,000 annually. The estimated labor cost for sales disclosures is $8,280,000 based on staff's estimate of 552,000 telemarketing disclosure burden hours and a wage rate of $15/hour. Thus, total labor cost, rounded to the nearest thousand, for sales entities is $8,570,000. Based on the estimated cumulative burden of 2,500 hours/year to set up compliant recordkeeping systems for telefunder entities, and applying to that a skilled labor rate of $20/hour, start-up costs would be approximately $50,000. In addition, the estimated labor cost for maintaining records relating to solicitations for charitable contributions annually would be $25,000 (2,500 burden hours × $10/hour). The estimated labor cost relating to charitable solicitation disclosures is $11,670,000 (778,000 burden hours × $15/hour). Thus, the total labor cost for telefunder entities is $11,745,000. Thus, the total cumulative labor costs for telefunder and telemarketing entities combined is $20,315,000. *Estimated annual non-labor cost burden:* $5,613,000 (rounded to the nearest thousand). *Total capital and start-up costs:* Staff estimates that the capital and start-up costs associated with the TSR's information collection requirements are *de minimis* . The Rule's recordkeeping requirements mandate that companies maintain records but not in any particular form. While those requirements necessitate that affected entities have a means of storage, industry members should have that already regardless of the Rule. Even if an entity finds it necessary to purchase a storage device, the cost is likely to be minimal, especially when annualized over the item's useful life. The Rule's disclosure requirements require no capital expenditures. *Other non-labor costs:* Affected entities need some storage media such as file folders, computer diskettes, or paper in order to comply with the Rule's recordkeeping requirements. Although staff believes that most affected entities would maintain the required records in the ordinary course of business, staff estimates that the approximately 14,000 outbound telemarketers subject to the Rule spend an annual amount of $50 each on office supplies as a result of the Rule's recordkeeping requirements, for a total recordkeeping cost burden of $700,000. Verbal disclosure estimates, discussed above, applied to a retained estimated commercial calling rate of 6 cents per minute ($3.60 per hour), totals $1,987,200 (552,000 disclosure hours × $3.60 per hour) in phone-related costs. Office supplies for an estimated 14,000 outbound telemarketers @ $50 each = $700,000. Accordingly, the non-labor costs for telemarketing entities associated with the Rule's information collection provisions is $2,687,200 ($1,987,200 in phone related costs + $700,000 for office supplies). Non-labor costs incurred by telefunders for telefunder organizations are estimated to be $2,926,000 (rounded to the nearest thousand) (778,000 estimated hours @ $3.60 per hour + $125,000 in office supply-related costs (2500 telefunders @ $50 each)). Thus, the total non-labor costs for all entities subject to the TSR is $5,613,200. 5 5 Staff believes that remaining non-labor costs would largely be incurred by affected entities, regardless, in the ordinary course of business and/or marginally be above such costs. Finally, staff believes that the estimated 4,000 inbound telemarketing entities choosing to comply with the Rule through written disclosures incur no additional capital or operating expenses as a result of the Rule's requirements because they are likely to provide written information to prospective customers in the ordinary course of business. Adding the required disclosures to that written information likely requires no supplemental non-labor expenditures. John D. Graubert, Acting General Counsel. [FR Doc. E6-627 Filed 1-19-06; 8:45 am] BILLING CODE 6750-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Vaccine Advisory Committee AGENCY: Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science. ACTION: Notice. *Authority:* 42 U.S.C. 300aa-5, Section 2105 of the Public Health Service

(PHS)Act, as amended. The Committee is governed by the provisions of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees. SUMMARY: The National Vaccine Program Office (NVPO), a program office within the Office of Public Health and Science, U.S. Department of Health and Human Services (HHS), is soliciting nominations of qualified candidates to be considered for appointment as voting representative members to the National Vaccine Advisory Committee (NVAC). The activities of this Committee are governed by the Federal Advisory Committee Act (FACA). Consistent with the National Vaccine Plan, the Committee advises and makes recommendations to the Assistant Secretary for Health in his/her capacity as the Director of the National Vaccine Program, on matters related to the Program's responsibilities. Specifically, the Committee studies and recommends ways to encourage the availability of an adequate supply of safe and effective vaccination products in the United States; recommends research priorities and other measures to enhance the safety and efficacy of vaccines. The Committee also advises the Assistant Secretary for Health in the implementation of Sections 2102 and 2103 of the PHS Act; and identifies annually the most important areas of government and non-government cooperation that should be considered in implementing Sections 2102 and 2103 of the PHS Act. DATES: Nominations for membership on the Committee must be received no later than 5 p.m. e.s.t. on March 3, 2006, at the address below. ADDRESSES: All nomination should be mailed or delivered to: Bruce G. Gellin, M.D., M.P.H., Executive Secretary, National Vaccine Advisory Committee, Office of Public Health and Science, Department of Health and Human Services, 200 Independence Avenue, SW., Room 443-H, Hubert H. Humphrey Building; Washington, DC 20201. FOR FURTHER INFORMATION CONTACT: Ms. Emma English, Program Analyst, National Vaccine Program Office, Department of Health and Human Services, 200 Independence Avenue, SW., Room 443-H, Hubert H. Humphrey Building, Washington, DC 20201;

(202)690-5566; *nvac@osophs.dhhs.gov.* A copy of the Committee charter and list of the current membership can be obtained by contacting Ms. English or by accessing the NVAC Web site at: *http://www.hhs.gov/nvpo/nvac.* SUPPLEMENTARY INFORMATION: *Committee Function: Qualifications and Information Required:* As part of an ongoing effort to enhance deliberations and discussions with the public on vaccine and immunization policy, nominations are being sought for interested individuals to serve on the Committee. The individual selected for appointment to the Committee will serve as a voting representative member. Voting representative members are official representatives of the vaccine manufacturing industry who are engaged in vaccine research or the manufacture of vaccines. Individuals selected for appointment to the Committee can be invited to serve terms with periods of up to four years. Nominations should be typewritten. The following information should be included in the package of material submitted for each individual being nominated for consideration:

(1)A letter of nomination that clearly states the name and affiliation of the nominee, the basis for the nomination ( *i.e.* , specific attributes which qualify the nominee for service in this capacity), and a statement that the nominee is willing to serve as a member of the Committee;

(2)the nominator's name, address and daytime telephone number, and the home and/or work address, telephone number, and e-mail address of the individual being nominated; and

(3)a current copy of the nominee's curriculum vitae. Applications cannot be submitted by facsimile. The names of Federal employees should not be nominated for consideration of appointment to this Committee. The Department makes every effort to ensure that the membership of HHS Federal advisory committees is fairly balanced in terms of points of view represented and the committee's function. Every effort is made that a broad representation of geographic areas, gender, ethnic and minority groups, and the disabled are given consideration for membership on HHS Federal advisory committees. Appointment to this committee shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, disability, and cultural, religious, or socioeconomic status. Dated: January 13, 2006. Bruce Gellin, Director, National Vaccine Program Office. [FR Doc. E6-595 Filed 1-19-06; 8:45 am] BILLING CODE 4510-44-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-06-05AV] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention

(CDC)publishes a list of information collection requests under review by the Office of Management and Budget

(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at

(404)639-4766 or send an e-mail to *omb@cdc.gov* . Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to

(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project Hemophilia Treatment Center Laboratory Survey—New—National Center on Birth Defects and Developmental Disabilities (NCBDDD), Centers for Disease Control and Prevention (CDC). Background and Brief Description Up to 2 million women in the United States may have an inherited bleeding disorder and not know it. Many women learn to live with the problems their bleeding causes, such as heavy periods, and do not realize that they may have a bleeding disorder. Other women may have more serious bleeding problems such as hemorrhages after childbirth or surgery, and some have hysterectomies to end their heavy periods. With proper diagnosis, women with bleeding disorders could avoid these complications and surgeries. Management of bleeding in these women can decrease heavy periods and can improve quality of life. The most common bleeding disorder is called Von Willebrand disease (VWD). VWD is caused by a deficiency or defect in the body's ability to make a protein, Von Willebrand factor, which helps blood clot. The symptoms of VWD can range in severity; however, 90 percent of people who have this disease have the mild form. VWD occurs in men and women equally, but women are more likely to notice the symptoms of VWD due to heavy or abnormal bleeding during their menstrual periods and after childbirth. There are many gynecological and physical causes for heavy periods, such as endometriosis, thyroid problems and cancer; however, the cause is not identified in half the cases. A CDC-Emory University survey found that gynecologists rarely considered bleeding disorders as a cause of heavy menstrual bleeding. However, recent research from Europe and CDC has shown that 15-20% of women with heavy periods have inherited bleeding disorders. Women with VWD interviewed by CDC reported an average of 16 years between the onset of bleeding symptoms and diagnosis of a bleeding disorder. CDC and the National Hemophilia Foundation have been working to encourage gynecologists to consider bleeding disorders in women who have heavy menstrual bleeding, also called menorrhagia. As a result, the American College of Obstetricians and Gynecologists has recently recommended screening for VWD in these women. An important part of increasing the awareness among physicians and their patients with heavy periods who may have an underlying bleeding disorder is referral for appropriate diagnosis. Federally funded Hemophilia Treatment Centers

(HTCs)are thought to be the best source for appropriate laboratory diagnosis, however, the following concerns have been raised:

(1)Anecdotal reports from HTC providers describe reduced capacity of in-house laboratory support and access to specialty coagulation laboratory tests that are essential for appropriate diagnosis of bleeding disorders;

(2)A CDC Public Health Practice Program Office (PHPPO) study demonstrated reduced capacity to perform specific coagulation tests through their survey of hospital laboratories; but it is impossible to know if HTCs have higher capacity than the hospitals studied;

(3)HTCs report that changes in third party payer policies, especially health maintenance organizations, are dictating the source of laboratory testing requiring shipment of laboratory specimens to sites away from the hospital that reduce the quality of the sample and affect the reliability of the results. It is important to assess the HTCs and determine their capabilities and barriers to delivering comprehensive care to patients with bleeding disorders. The setting for the proposed study is the 135 federally funded HTCs, and the Directors and Lab Directors of these 135 HTCs will be the potential respondents. A survey will be distributed to the above personnel to ascertain their perceptions of lab capabilities and procedures. The data received from this survey will allow CDC to evaluate the functional status of HTC labs, describe the services available, and make programmatic decisions that will best serve the medical needs of this population. There will be no cost to the respondents other than their time. The total estimated annualized burden hours are 90. Estimated Annualized Burden Table Type of respondents Number of respondents Response per respondent Burden per response (in hours) HTC Directors 135 1 20/60 Lab Directors 135 1 20/60 Dated: January 11, 2006. Betsey S. Dunaway, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E6-617 Filed 1-19-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-06-0213] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention

(CDC)publishes a list of information collection requests under review by the Office of Management and Budget

(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at

(404)639-4766 or send an e-mail to *omb@cdc.gov.* Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to

(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project National Vital Statistics Report Forms—Extension—National Center for Health Statistics (NCHS), Centers for Disease Control and Prevention (CDC). Background and Brief Description The National Vital Statistics Report Forms project (0920-0213) is an approved collection and compilation of national vital statistics. This collection dates back to the beginning of the 20th century and has been conducted since 1960 by the Division of Vital Statistics of the National Center for Health Statistics, CDC. The collection of the data is authorized by 42 U.S.C. 242k. The National Vital Statistics Report forms provide counts of monthly occurrences of births, deaths, infant deaths, marriages, and divorces. Similar data have been published since 1937 and are the sole source of these data at the national level. The data are used by the Department of Health and Human Services and by other government, academic, and private research and commercial organizations in tracking changes in trends of vital events. Respondents for the National Vital Statistics Report form (CDC 64.146) are registration officials in each State and Territory, the District of Columbia, and New York City. In addition, 33 local (county) officials in New Mexico who record marriages occurring in each county of New Mexico will use this form. The data are routinely available in each reporting office as a by-product of ongoing activities. This form is designed to collect counts of monthly occurrences of births, deaths, infant deaths, marriages, and divorces immediately following the month of occurrence. The Annual Marriage and Divorce Occurrence Report form (CDC 64.147) collects final annual counts of marriages and divorces by month for the United States and for each State. The statistical counts requested on this form differ from provisional estimates obtained on the National Vital Statistics Report form in that they represent complete and final counts of marriages, divorces, and annulments occurring during the months of the prior year. These final counts are usually available from State or county officials about eight months after the end of the data year. The data are widely used by government, academic, private research, and commercial organizations in tracking changes in trends of family formation and dissolution. Respondents for the Annual Marriage and Divorce Occurrence Report form are registration officials in each State, the District of Columbia, New York City, Guam, Puerto Rico, Virgin Islands, Northern Marianas, and American Samoa. The data are routinely available in each reporting office as a by-product of ongoing activities. There are no costs to the respondents other than their time. The total estimated annualized burden hours are 208. Estimated Annualized Burden Table Respondents No. of respondents No. of responses per respondent Average burden per response (in hours) CDC64.146: State and Territory registration officials 58 12 12/60 CDC64.146: New Mexico County marriage registrars 33 12 6/60 CDC64.147: State/Territory/City registration officials 58 1 30/60 Dated: January 11, 2006. Betsey S. Dunaway, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E6-621 Filed 1-19-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Clinical Laboratory Improvement Advisory Committee In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the following committee meeting. *Name:* Clinical Laboratory Improvement Advisory Committee (CLIAC). *Times and Dates:* 8:30 a.m.-5 p.m., February 8, 2006; 8:30 a.m.-3 p.m., February 9, 2006. *Place:* Doubletree Hotel (Atlanta/Buckhead), 3342 Peachtree Road NE., Atlanta, Georgia 30326, Telephone:

(404)231-1234. *Status:* Open to the public, limited only by the space available. The meeting room accommodates approximately 100 people. *Purpose:* This Committee is charged with providing scientific and technical advice and guidance to the Secretary, Department of Health and Human Services; the Assistant Secretary for Health; and the Director, CDC, regarding the need for, and the nature of, revisions to the standards under which clinical laboratories are regulated; the impact on medical and laboratory practice of proposed revisions to the standards; and the modification of the standards to accommodate technological advances. *Matters To Be Discussed:* The agenda will include updates from the Food and Drug Administration, the Centers for Medicare & Medicaid Services, and CDC; reports on national cytology proficiency testing status and Coordinating Council on the Clinical Laboratory Workforce activities addressing laboratory personnel shortages; and the role of the public health laboratory, including scope of services, customers, connectivity, and preparedness. Agenda items are subject to change as priorities dictate. *Providing Oral or Written Comments:* It is the policy of CLIAC to accept written public comments and provide a brief period for oral public comments whenever possible. *Oral Comments:* In general, each individual or group requesting to make an oral presentation will be limited to a total time of five minutes (unless otherwise indicated). Speakers must also submit their comments in writing for inclusion in the meeting's Summary Report. To assure adequate time is scheduled for public comments, individuals or groups planning to make an oral presentation should, when possible, notify the contact person below at least one week prior to the meeting date. *Written Comments:* For individuals or groups unable to attend the meeting, CLIAC accepts written comments until the date of the meeting (unless otherwise stated). However, the comments should be received at least one week prior to the meeting date so that the comments may be made available to the Committee for their consideration and public distribution. Written comments, one hard copy with original signature, should be provided to the contact person below. Written comments will be included in the meeting(s Summary Report. *Contact Person for Additional Information:* Devery Howerton, Acting Chief, Laboratory Practice Standards Branch, Division Public Health Partnerships—Laboratory Systems, National Center for Health Marketing, Coordinating Center for Health Information and Service, CDC, 4770 Buford Highway NE., Mailstop G-23, Atlanta, Georgia 30341-3717; telephone

(770)488-8155; fax

(770)488-8279; or via e-mail at *DHowerton@cdc.gov.* The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: January 10, 2006. Alvin Hall, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. 06-518 Filed 1-19-06; 8:45 am]

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