76356 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 

rulemaking, this final rule is not subject 

to section 202 of the Unfunded 

Mandates Reform Act. 

List of Subjects 

12 CFR Part 19 

Administrative practice and 

procedure, Crime, Equal access to 

justice, Investigations, National banks, 

Penalties, Securities. 

12 CFR Part 109 

Administrative practice and 

procedure, Penalties. 

Authority and Issuance 

For the reasons set out in the 

preamble, parts 19 and 109 of chapter I 

of title 12 of the Code of Federal 

Regulations are amended as follows: 

PART 19—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 19 

continues to read as follows: 

Authority: 5 U.S.C. 504, 554–557; 12 

U.S.C. 93(b), 93a, 164, 505, 1817, 1818, 1820, 

1831m, 1831o, 1972, 3102, 3108(a), 3909, and 

4717; 15 U.S.C. 78(h) and (i), 78o–4(c), 78o– 

5, 78q–1, 78s, 78u, 78u–2, 78u–3, and 78w; 

28 U.S.C. 2461 note; 31 U.S.C. 330 and 5321; 

and 42 U.S.C. 4012a. 

Subpart O—Civil Money Penalty 

Adjustments 

■ 2. The heading to subpart O is revised 

as set forth above. 

■ 3. Section 19.240 is amended by 

revising the section heading, the 

introductory text to paragraph (a), (b), 

and adding paragraph (c) to read as 

follows: 

§ 19.240 Civil Money Penalties. 

(a) The maximum amount of each 

civil money penalty within the OCC’s 

jurisdiction is set forth as follows: 

* * * * * 

(b) Except as provided in paragraph 

(c) of this section, the maximum amount 

of each civil money penalty, set forth in 

the chart in paragraph (a) of this section, 

applies to violations that occurred on or 

after December 6, 2012. 

(c) The maximum amount of the civil 

money penalty prescribed by 42 U.S.C. 

4012a(f)(5), set forth in the chart in 

paragraph (a) of this section, applies to 

violations that occurred on or after July 

6, 2012. 

PART 109—RULES OF PRACTICE AND 

PROCEDURE IN ADJUDICATORY 

PROCEEDINGS 

■ 4. The authority citation for part 109 

continues to read as follows: 

Authority: 5 U.S.C. 504, 554–557; 12 

U.S.C. 1464, 1467, 1467a, 1468, 1817(j), 1818, 

1820(k), 1829(e), 3349, 4717, 5412(b)(2)(B); 

15 U.S.C. 78(l), 78o–5, 78u–2; 28 U.S.C. 2461 

note; 31 U.S.C. 5321; and 42 U.S.C. 4012a. 

■ 5. Section 109.103 is amended by 

revising the introductory text to 

paragraph (c), and adding paragraph (d) 

to read as follows: 

§ 109.103 Civil money penalties. 

* * * * * 

(c) Maximum amount of civil money 

penalties. Except as provided in 

paragraph (d) of this section, the 

maximum amount of each civil money 

penalty in the chart below applies to 

violations that occurred on or after 

December 6, 2012: 

* * * * * 

(d) Flood insurance penalty. The 

maximum amount of the civil money 

penalty prescribed by 42 U.S.C. 

4012a(f), set forth in the chart in 

paragraph (c) of this section, applies to 

violations that occurred on or after July 

6, 2012. 

Dated: December 21, 2012. 

Daniel P. Stipano, 

Acting Chief Counsel. 

[FR Doc. 2012–31187 Filed 12–27–12; 8:45 am] 

BILLING CODE 4810–33–P 

FARM CREDIT ADMINISTRATION 

12 CFR Part 630 

RIN 3052–AC77 

Disclosure to Investors in System-wide 

and Consolidated Bank Debt 

Obligations of the Farm Credit System; 

System Audit Committee; Effective 

Date 

AGENCY: Farm Credit Administration. 

ACTION: Notice of effective date. 

SUMMARY: The Farm Credit 

Administration (FCA or Agency), 

through the FCA Board (Board), issued 

a final rule under part 630 on September 

26, 2012 (77 FR 59050) amending our 

regulations relating to the Federal Farm 

Credit Banks Funding Corporation 

System Audit Committee and the Farm 

Credit System annual report to 

investors. In accordance with 12 U.S.C. 

2252, the effective date of the final rule 

is 30 days from the date of publication 

in the Federal Register during which 

either or both Houses of Congress are in 

session. Based on the records of the 

sessions of Congress, the effective date 

of the regulations is December 12, 2012. 

DATES: Effective Date: Under the 

authority of 12 U.S.C. 2252, the 

regulation amending 12 CFR part 630 

published on September 26, 2012 (77 FR 

59050) is effective December 12, 2012. 

FOR FURTHER INFORMATION CONTACT:

Deborah Wilson, Senior Accountant, 

Office of Regulatory Policy, Farm 

Credit Administration, McLean, 

Virginia 22102–5090, (703) 883–4498, 

TTY (703) 883–4434, or 

Laura McFarland, Senior Counsel, 

Office of General Counsel, Farm 

Credit Administration, McLean, 

Virginia 22102–5090, (703) 883–4020, 

TTY (703) 883–4020. 

Authority: 12 U.S.C. 2252(a)(9) and (10). 

Dated: December 20, 2012. 

Dale L. Aultman, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2012–31103 Filed 12–27–12; 8:45 am] 

BILLING CODE 6705–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 160 

Privacy of Consumer Financial 

Information Under Title V of the 

Gramm-Leach-Bliley Act 

CFR Correction 

In Title 17 of the Code of Federal 

Regulations, Parts 1 to 199, revised as of 

April 1, 2012, on page 958, appendices 

A and B to part 160 are reinstated to 

read as follows; 

Appendix A to Part 160—Model 

Privacy Form 

A. The Model Privacy Form 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76357 


srobinson on DSK4SPTVN1PROD with ER28DE12.003</GPH>

Version 1: Model Form With No Opt-out. 

WtfATDOES [tiAMEOFFlNANCIAl"1NS'MUl1ON] DO 

. wrrH YOUR PERSONAlItFORMATlON? 

~ 

Fit_. companiae chooM how....,. .... your p!InIOft8I infonmdion. Federat .. giwIe 

tha right to limit .... but not "sharing. FadaalIaw..,""-. toWyou 

how we coIact. ....... and pmted your personal information. Please naad ihia notice caaUy to 

undfntand tIIIhat .. do. 

The typee of personal infomtation we coIec:t and ..... depend on tha ~ or 88I'Vice you 

have with us. Thie informlIIIion eM indude: 

• SaciaI Security number and [incomeI 

• [account batanceI] and fpayment hiatoryJ 

• Icrd hiulory] and (cadit aconaa) 

When you are no longer our CU8ton1ar. \WI continue to ..... your infomtation .. deecribed in this 

notice. 

AI financial companiesmsed to .... cuatomena' ~ infonmidion to run their IINfII'IJday 

buainela.1n 

~ 

tha ~bekM. we lilt tha ..... 1ntn:iaI companies can ..... their pIiIfBOI. inbrnrdion; the nJaIIOft8 (nIIme fi financial in&tituIionJ chooaea to &hare; and 

~you can limit this &haring. 

for ........ purpo8IIIIAtauch .. to pmceu yourlranaactiontJ, ,._in 

your 

~ 

~ I'fIIIIpOftd to ccurtCldln and legal 

orrepcdtocrdbureau8 

Forour~' ~buaimtepurpoaesinfomtation IIbout your~ and .... ialCOll 

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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76359 


srobinson on DSK4SPTVN1PROD with ER28DE12.005</GPH>

Version 2: Model Form with Opt-Out by Telephone and/or Online. 

WHAT DOES (NAME OF FINANCIAL INSTITUTION] DO 

WITH YOUR PERSONAL INFORMATION? 

Financial ~ chooee hOliYhIy .... your pam.cnIII ilfol.naDon. federaI_ gives 

conIiIUI1WII the right to limit 8CIft'I8 but not .. aharing. FedenIJ _1Ilao ~ ua to WI you 

h<lrN we coIIet. ..... and protect your per ..... ilfolmaior .. ~ I'8ad tit noIioe CIIIIfIIuIy to 

undeIatand whet _ do. 

The t)pea of pet'8CInIII information _ coiIact and ... depend on the product or 8II'II'Wico you 

have with ua. Thia inbnlllllion can incb:ie: 

• Social Security number and [incomeI 

• [account balaGlCGI)"'" fpaymant history) 

• {ctedit hiatoryj and (ad 8COI'III8) 

/iii 

~ 

financial 

In 

compalli_ 

thetllClicln 

ntIIId 

below. 

to 

_list 

... c:ustoment' 

the -...ens 

pcnonaI 

financiIIII 

infonnation 

COIIJpIIftiea 

to 

can 

run 

ehan 

their 

their 

~ 

~. penIOi_ information; the fe8IlIC:IM ~ of financial inatitulionl ~ to IIIhaN; and 

whether you can limit thiaaharing. 

For OUt' affiIiatlIta· ..,.".., bueinMe~­

infonnation about your trar_ctiolla and ...... 1ICf!ICJ 

For OUt' ~ ....,., bueineJu purpoIMISinfomvItionaboutyour~ 

For nonaffiIietu to matbt to you 

• Cal (phone number)-our menu wiI pompt you through your choice(a) or 

• Vieit us online: [weIHIite] 

P'IeaH note: 

If you ant a f'IfWi CUIItcmer, _ can begin sharing your i .. bnlllion l30I daya from 1het date we 

aant this notice. When you 1ft no longer our CUIIIIomeIj we continua to ... your infonmdion .. 

daacribed in thia~ 

can contIiIct us at 
76360 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 


srobinson on DSK4SPTVN1PROD with ER28DE12.006</GPH>

How doee [name of finenciaI imItitution] Wecolect your pnonai infarmation. for example. VII'hen you 

coIact fffI pereonaI infofrnllltion? • [open an accountJ 01' (dapoa.it moI'IfJYJ 

• (pay your biIaJ or (eppIJ far a IoariJ 

• fuao your cndit 01' debit CIIII'd) 

fiNe eIao collect your pereonaI infonnaIion from other companiea.J 

OR 

fiNe eIao collect your ~ information from others. such _ credit 

~~OI'othar 

Why can\ I limit aIIlJharing? Federal law givttJt8 you tba right to limit only 

What happana when limit sharing 

for an acoaunt I hold jointty with 

someone .... ? 

• IhIIring for affiliates" ~ ~ ~-infon'.tion about your cNdmra1nm ... 

• ~ from uaing yourinfomllllion to market to you 

• aharing for nonaffiIataa to mIlII'ket to you 

Sbidallillwa and indMdueI ~ may fiNe you additional rights to 

limit sharing. (See below for more on yotJt rights under state law.] 

tyour choicea will apply to fIIlfIIlYOIIt8 on yout acoount.) 

OR 

(Your choicea 'Will apply to ~ on your account-uniasa you tel 

us otherwise.] 

~ nIated by ccmmon O'IItIfMIIallip or control "1'hey can be 

fi.~and nonfinancial compeniaa. 

• {afIIIiaIe information] 

Ccmprrniaa not RIIiated br cammon ownership 01' contmi. They can be 

financial and nonfinanc:iIII companiea. 

• [nonaIfIIiste infonnt!JItion} i-------------------------i------------------,-----

Joint marketing A formal agnMlment bett181ft ~ financial companies 1hat 

tDgather market financial pmducta or HI"lIicaa to you. 

• [joint ~ infomJation} 
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76361 


srobinson on DSK4SPTVN1PROD with ER28DE12.007</GPH>

Version 3: Model Form win MaI-tn Opt-out Form. 

WHAT DOES [NAME OF FINANCIAL INSTfNfION) DO 

WITH YOUR ~ 1NFORMAT1ON? 

RnIIInciI!iI compiIIII_ ehooNtac. thay __ 'j'IIINIr~ infomtatioI .. ~ taw 'f!iiwa 

_the right to limit _but notal ~ Federal taw __ NqUIru uti to tall you 

tac._coIect. ...... and~'j'IIINIr~ ~ .. ~ fIIIIIId thienoticeCllllltl1llu1lJ to 

undendllnd what_ do. 

Thetypea CJI ~ inbmlllion _ CCIII!iIct and __ dIIIpI!Ind on the product Of I!I«IIice you 

*-e with uti. lNa iufannlllion __ inok.Ide: 

• Social s.curily~andtr-me] 

• (accaunt ~ and fpaymecrt hiamryJ 

• {credit hiIIIaryJ and {credit ~ 

~ 

Mfintmaial ~neadto __ ~. ~informIIIItian to run their~ 

In the III1IIICtionbelaw._lietthe_~~_ ..... their 

~. ~ info_lIdlar;; the_ (mime offintmaial inIItitution] ~ to IIIhare; end 

whoiIIthwyou_imitWa ~ 

For_~purpoeeeto offer our productI!I end ~ to you 

For joint ~with othertinencW~ 

F __ affUlie"I'~~~­

information about your blllllllllCtione and axpIIIIiII_ 

For_~·.~~~­

infornllttian about your ~ 

"-we .... OR 

[lfyouhlwea 

joint IICCOW'It, 

your~ 

wilappfyto 

~onyr:Nllf 

you --~ mark below. 

o AppIymy 

choioes ordy 

tome) 

menu wiI prompt you through your ~ 

• VitIit uti ~ (IN IlIl_J 01" 

• Mail the form bafow 

~note: 

• you _ allfl!llWCI.lIIItomer, __ begin ~ your infarmation (30) __ from the date_ 

.... 

~ 

thie ftOIice. wt.t you_ nolor1gerour ~ _oontinua to __ 'f'IIII1IKir~._ 

in lNa notice. 

_contact ... 

~ flll'llltlall you Wlilnttolmit 

o Do 

~~ 

not __ infarmation about my ~ with your lIIffiIiataa for their_eryday 

o Do not aIbiv your ~ to \ItII!I my penICI'IIIII i"formatiolt to I'fIIIrket to me. 

o Do not __ my peniOnIIII informIIIItian with ~ to rnadtet their~ end 

~tome. 

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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76363 

B. General Instructions 

1. How the Model Privacy Form Is Used 

(a) The model form may be used, at 

the option of a financial institution, 

including a group of financial 

institutions that use a common privacy 

notice, to meet the content requirements 

of the privacy notice and opt-out notice 

set forth in §§ 160.6 and 160.7 of this 

part. 

(b) The model form is a standardized 

form, including page layout, content, 

format, style, pagination, and shading. 

Institutions seeking to obtain the safe 

harbor through use of the model form 

may modify it only as described in these 

Instructions. 

(c) Note that disclosure of certain 

information, such as assets, income, and 

information from a consumer reporting 

agency, may give rise to obligations 

under the Fair Credit Reporting Act [15 

U.S.C. 1681–1681x] (FCRA), such as a 

requirement to permit a consumer to opt 

out of disclosures to affiliates or 

designation as a consumer reporting 

agency if disclosures are made to 

nonaffiliated third parties. 

(d) The word ‘‘customer’’ may be 

replaced by the word ‘‘member’’ 

whenever it appears in the model form, 

as appropriate. 

2. The Contents of the Model Privacy 

Form 

The model form consists of two pages, 

which may be printed on both sides of 

a single sheet of paper, or may appear 

on two separate pages. Where an 

institution provides a long list of 

institutions at the end of the model form 

in accordance with Instruction C.3(a)(1), 

or provides additional information in 

accordance with Instruction C.3(c), and 

such list or additional information 

exceeds the space available on page two 

of the model form, such list or 

additional information may extend to a 

third page. 

(a) Page One. The first page consists 

of the following components: 

(1) Date last revised (upper right-hand 

corner). 

(2) Title. 

(3) Key frame (Why?, What?, How?). 

(4) Disclosure table (‘‘Reasons we can 

share your personal information’’). 

(5) ‘‘To limit our sharing’’ box, as 

needed, for the financial institution’s 

opt-out information. 

(6) ‘‘Questions’’ box, for customer 

service contact information. 

(7) Mail-in opt-out form, as needed. 

(b) Page Two. The second page 

consists of the following components: 

(1) Heading (Page 2). 

(2) Frequently Asked Questions 

(‘‘Who we are’’ and ‘‘What we do’’). 

(3) Definitions. 

(4) ‘‘Other important information’’ 

box, as needed. 

3. The Format of the Model Privacy 

Form 

The format of the model form may be 

modified only as described below. 

(a) Easily readable type font. 

Financial institutions that use the model 

form must use an easily readable type 

font. While a number of factors together 

produce easily readable type font, 

institutions are required to use a 

minimum of 10-point font (unless 

otherwise expressly permitted in these 

Instructions) and sufficient spacing 

between the lines of type. 

(b) Logo. A financial institution may 

include a corporate logo on any page of 

the notice, so long as it does not 

interfere with the readability of the 

model form or the space constraints of 

each page. 

(c) Page size and orientation. Each 

page of the model form must be printed 

on paper in portrait orientation, the size 

of which must be sufficient to meet the 

layout and minimum font size 

requirements, with sufficient white 

space on the top, bottom, and sides of 

the content. 

(d) Color. The model form must be 

printed on white or light color paper 

(such as cream) with black or other 

contrasting ink color. Spot color may be 

used to achieve visual interest, so long 

as the color contrast is distinctive and 

the color does not detract from the 

readability of the model form. Logos 

may also be printed in color. 

(e) Languages. The model form may 

be translated into languages other than 

English. 

C. Information Required in the Model 

Privacy Form 

The information in the model form 

may be modified only as described 

below: 

1. Name of the Institution or Group of 

Affiliated Institutions Providing the 

Notice 

Insert the name of the financial 

institution providing the notice or a 

common identity of affiliated 

institutions jointly providing the notice 

on the form wherever [name of financial 

institution] appears. 

2. Page One 

(a) Last revised date. The financial 

institution must insert in the upper 

right-hand corner the date on which the 

notice was last revised. The information 


srobinson on DSK4SPTVN1PROD with ER28DE12.009</GPH>
76364 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 

shall appear in minimum 8-point font as 

‘‘rev. [month/year]’’ using either the 

name or number of the month, such as 

‘‘rev. July 2009’’ or ‘‘rev. 7/09’’. 

(b) General instructions for the 

‘‘What?’’ box. 

(1) The bulleted list identifies the 

types of personal information that the 

institution collects and shares. All 

institutions must use the term ‘‘Social 

Security number’’ in the first bullet. 

(2) Institutions must use five (5) of the 

following terms to complete the bulleted 

list: Income; account balances; payment 

history; transaction history; transaction 

or loss history; credit history; credit 

scores; assets; investment experience; 

credit-based insurance scores; insurance 

claim history; medical information; 

overdraft history; purchase history; 

account transactions; risk tolerance; 

medical-related debts; credit card or 

other debt; mortgage rates and 

payments; retirement assets; checking 

account information; employment 

information; wire transfer instructions. 

(c) General instructions for the 

disclosure table. The left column lists 

reasons for sharing or using personal 

information. Each reason correlates to a 

specific legal provision described in 

paragraph C.2(d) of this Instruction. In 

the middle column, each institution 

must provide a ‘‘Yes’’ or ‘‘No’’ response 

that accurately reflects its information 

sharing policies and practices with 

respect to the reason listed on the left. 

In the right column, each institution 

must provide in each box one of the 

following three (3) responses, as 

applicable, that reflects whether a 

consumer can limit such sharing: ‘‘Yes’’ 

if it is required to or voluntarily 

provides an opt-out; ‘‘No’’ if it does not 

provide an opt-out; or ‘‘We don’t share’’ 

if it answers ‘‘No’’ in the middle 

column. Only the sixth row (‘‘For our 

affiliates to market to you’’) may be 

omitted at the option of the institution. 

See paragraph C.2(d)(6) of this 

Instruction. 

(d) Specific disclosures and 

corresponding legal provisions. 

(1) For our everyday business 

purposes. This reason incorporates 

sharing information under §§ 160.14 

and 160.15 and with service providers 

pursuant to § 160.13 of this part other 

than the purposes specified in 

paragraphs C.2(d)(2) or C.2(d)(3) of these 

Instructions. 

(2) For our marketing purposes. This 

reason incorporates sharing information 

with service providers by an institution 

for its own marketing pursuant to 

§ 160.13 of this part. An institution that 

shares for this reason may choose to 

provide an opt-out. 

(3) For joint marketing with other 

financial companies. This reason 

incorporates sharing information under 

joint marketing agreements between two 

or more financial institutions and with 

any service provider used in connection 

with such agreements pursuant to 

§ 160.13 of this part. An institution that 

shares for this reason may choose to 

provide an opt-out. 

(4) For our affiliates’ everyday 

business purposes—information about 

transactions and experiences. This 

reason incorporates sharing information 

specified in sections 603(d)(2)(A)(i) and 

(ii) of the FCRA. An institution that 

shares for this reason may choose to 

provide an opt-out. 

(5) For our affiliates’ everyday 

business purposes—information about 

creditworthiness. This reason 

incorporates sharing information 

pursuant to section 603(d)(2)(A)(iii) of 

the FCRA. An institution that shares for 

this reason must provide an opt-out. 

(6) For our affiliates to market to you. 

This reason incorporates sharing 

information specified in section 624 of 

the FCRA. This reason may be omitted 

from the disclosure table when: the 

institution does not have affiliates (or 

does not disclose personal information 

to its affiliates); the institution’s 

affiliates do not use personal 

information in a manner that requires an 

opt-out; or the institution provides the 

affiliate marketing notice separately. 

Institutions that include this reason 

must provide an opt-out of indefinite 

duration. An institution not required to 

provide an opt-out under this 

subparagraph may elect to include this 

reason in the model form. Note: The 

CFTC’s Regulations do not address the 

affiliate marketing rule. 

(7) For nonaffiliates to market to you. 

This reason incorporates sharing 

described in §§ 160.7 and 160.10(a) of 

this part. An institution that shares 

personal information for this reason 

must provide an opt-out. 

(e) To limit our sharing: A financial 

institution must include this section of 

the model form only if it provides an 

opt-out. The word ‘‘choice’’ may be 

written in either the singular or plural, 

as appropriate. Institutions must select 

one or more of the applicable opt-out 

methods described: telephone, such as 

by a toll-free number; a Web site; or use 

of a mail-in opt-out form. Institutions 

may include the words ‘‘toll-free’’ before 

telephone, as appropriate. An 

institution that allows consumers to opt 

out online must provide either a specific 

Web address that takes consumers 

directly to the opt-out page or a general 

Web address that provides a clear and 

conspicuous direct link to the opt-out 

page. The opt-out choices made 

available to the consumer who contacts 

the institution through these methods 

must correspond accurately to the ‘‘Yes’’ 

responses in the third column of the 

disclosure table. In the part titled 

‘‘Please note’’ institutions may insert a 

number that is 30 or greater in the space 

marked ‘‘[30].’’ Instructions on 

voluntary or state privacy law opt-out 

information are in paragraph C.2(g)(5) of 

these Instructions. 

(f) Questions box. Customer service 

contact information must be inserted as 

appropriate, where [phone number] or 

[Web site] appear. Institutions may elect 

to provide either a phone number, such 

as a toll-free number, or a Web address, 

or both. Institutions may include the 

words ‘‘toll-free’’ before the telephone 

number, as appropriate. 

(g) Mail-in opt-out form. Financial 

institutions must include this mail-in 

form only if they state in the ‘‘To limit 

our sharing’’ box that consumers can opt 

out by mail. The mail-in form must 

provide opt-out options that correspond 

accurately to the ‘‘Yes’’ responses in the 

third column in the disclosure table. 

Institutions that require customers to 

provide only name and address may 

omit the section identified as ‘‘[account 

#].’’ Institutions that require additional 

or different information, such as a 

random opt-out number or a truncated 

account number, to implement an optout election should modify the 

‘‘[account #]’’ reference accordingly. 

This includes institutions that require 

customers with multiple accounts to 

identify each account to which the optout should apply. An institution must 

enter its opt-out mailing address: in the 

far right of this form (see version 3); or 

below the form (see version 4). The 

reverse side of the mail-in opt-out form 

must not include any content of the 

model form. 

(1) Joint accountholder. Only 

institutions that provide their joint 

accountholders the choice to opt out for 

only one accountholder, in accordance 

with paragraph C.3(a)(5) of these 

Instructions, must include in the far left 

column of the mail-in form the 

following statement: ‘‘If you have a joint 

account, your choice(s) will apply to 

everyone on your account unless you 

mark below. Apply my choice(s) only to 

me.’’ The word ‘‘choice’’ may be written 

in either the singular or plural, as 

appropriate. Financial institutions that 

provide insurance products or services, 

provide this option, and elect to use the 

model form may substitute the word 

‘‘policy’’ for ‘‘account’’ in this 

statement. Institutions that do not 

provide this option may eliminate this 

left column from the mail-in form. 


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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76365 

(2) FCRA Section 603(d)(2)(A)(iii) optout. If the institution shares personal 

information pursuant to section 

603(d)(2)(A)(iii) of the FCRA, it must 

include in the mail-in opt-out form the 

following statement: ‘‘Do not share 

information about my creditworthiness 

with your affiliates for their everyday 

business purposes.’’ 

(3) FCRA Section 624 opt-out. If the 

institution incorporates section 624 of 

the FCRA in accord with paragraph 

C.2(d)(6) of these Instructions, it must 

include in the mail-in opt-out form the 

following statement: ‘‘Do not allow your 

affiliates to use my personal information 

to market to me.’’ 

(4) Nonaffiliate opt-out. If the 

financial institution shares personal 

information pursuant to § 160.10(a) of 

this part, it must include in the mail-in 

opt-out form the following statement: 

‘‘Do not share my personal information 

with nonaffiliates to market their 

products and services to me.’’ 

(5) Additional opt-outs. Financial 

institutions that use the disclosure table 

to provide opt-out options beyond those 

required by Federal law must provide 

those opt-outs in this section of the 

model form. A financial institution that 

chooses to offer an opt-out for its own 

marketing in the mail-in opt-out form 

must include one of the two following 

statements: ‘‘Do not share my personal 

information to market to me.’’ or ‘‘Do 

not use my personal information to 

market to me.’’ A financial institution 

that chooses to offer an opt-out for joint 

marketing must include the following 

statement: ‘‘Do not share my personal 

information with other financial 

institutions to jointly market to me.’’ 

(h) Barcodes. A financial institution 

may elect to include a barcode and/or 

‘‘tagline’’ (an internal identifier) in 6- 

point font at the bottom of page one, as 

needed for information internal to the 

institution, so long as these do not 

interfere with the clarity or text of the 

form. 

3. Page Two 

(a) General Instructions for the 

Questions. Certain of the Questions may 

be customized as follows: 

(1) ‘‘Who is providing this notice?’’ 

This question may be omitted where 

only one financial institution provides 

the model form and that institution is 

clearly identified in the title on page 

one. Two or more financial institutions 

that jointly provide the model form 

must use this question to identify 

themselves as required by § 160.9(f) of 

this part. Where the list of institutions 

exceeds four (4) lines, the institution 

must describe in the response to this 

question the general types of 

institutions jointly providing the notice 

and must separately identify those 

institutions, in minimum 8-point font, 

directly following the ‘‘Other important 

information’’ box, or, if that box is not 

included in the institution’s form, 

directly following the ‘‘Definitions.’’ 

The list may appear in a multi-column 

format. 

(2) ‘‘How does [name of financial 

institution] protect my personal 

information?’’ The financial institution 

may only provide additional 

information pertaining to its safeguards 

practices following the designated 

response to this question. Such 

information may include information 

about the institution’s use of cookies or 

other measures it uses to safeguard 

personal information. Institutions are 

limited to a maximum of 30 additional 

words. 

(3) ‘‘How does [name of financial 

institution] collect my personal 

information?’’ Institutions must use five 

(5) of the following terms to complete 

the bulleted list for this question: Open 

an account; deposit money; pay your 

bills; apply for a loan; use your credit 

or debit card; seek financial or tax 

advice; apply for insurance; pay 

insurance premiums; file an insurance 

claim; seek advice about your 

investments; buy securities from us; sell 

securities to us; direct us to buy 

securities; direct us to sell your 

securities; make deposits or 

withdrawals from your account; enter 

into an investment advisory contract; 

give us your income information; 

provide employment information; give 

us your employment history; tell us 

about your investment or retirement 

portfolio; tell us about your investment 

or retirement earnings; apply for 

financing; apply for a lease; provide 

account information; give us your 

contact information; pay us by check; 

give us your wage statements; provide 

your mortgage information; make a wire 

transfer; tell us who receives the money; 

tell us where to send the money; show 

your government-issued ID; show your 

driver’s license; order a commodity 

futures or option trade. Institutions that 

collect personal information from their 

affiliates and/or credit bureaus must 

include after the bulleted list the 

following statement: ‘‘We also collect 

your personal information from others, 

such as credit bureaus, affiliates, or 

other companies.’’ Institutions that do 

not collect personal information from 

their affiliates or credit bureaus but do 

collect information from other 

companies must include the following 

statement instead: ‘‘We also collect your 

personal information from other 

companies.’’ Only institutions that do 

not collect any personal information 

from affiliates, credit bureaus, or other 

companies can omit both statements. 

(4) ‘‘Why can’t I limit all sharing?’’ 

Institutions that describe state privacy 

law provisions in the ‘‘Other important 

information’’ box must use the 

bracketed sentence: ‘‘See below for more 

on your rights under state law.’’ Other 

institutions must omit this sentence. 

(5) ‘‘What happens when I limit 

sharing for an account I hold jointly 

with someone else?’’ Only financial 

institutions that provide opt-out options 

must use this question. Other 

institutions must omit this question. 

Institutions must choose one of the 

following two statements to respond to 

this question: ‘‘Your choices will apply 

to everyone on your account.’’ or ‘‘Your 

choices will apply to everyone on your 

account—unless you tell us otherwise.’’ 

Financial institutions that provide 

insurance products or services and elect 

to use the model form may substitute 

the word ‘‘policy’’ for ‘‘account’’ in 

these statements. 

(b) General Instructions for the 

Definitions. 

The financial institution must 

customize the space below the 

responses to the three definitions in this 

section. This specific information must 

be in italicized lettering to set off the 

information from the standardized 

definitions. 

(1) Affiliates. As required by 

§ 160.6(a)(3) of this part, where [affiliate 

information] appears, the financial 

institution must: 

(i) If it has no affiliates, state: ‘‘[name 

of financial institution] has no 

affiliates’’; 

(ii) If it has affiliates but does not 

share personal information, state: 

‘‘[name of financial institution] does not 

share with our affiliates’’; or 

(iii) If it shares with its affiliates, state, 

as applicable: ‘‘Our affiliates include 

companies with a [common corporate 

identity of financial institution] name; 

financial companies such as [insert 

illustrative list of companies]; 

nonfinancial companies, such as [insert 

illustrative list of companies]; and 

others, such as [insert illustrative list].’’ 

(2) Nonaffiliates. As required by 

§ 160.6(c)(3) of this part, where 

[nonaffiliate information] appears, the 

financial institution must: 

(i) If it does not share with 

nonaffiliated third parties, state: ’’ 

[name of financial institution] does not 

share with nonaffiliates so they can 

market to you’’; or 

(ii) If it shares with nonaffiliated third 

parties, state, as applicable: 

‘‘Nonaffiliates we share with can 

include [list categories of companies 


srobinson on DSK4SPTVN1PROD with 
76366 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 

such as mortgage companies, insurance 

companies, direct marketing companies, 

and nonprofit organizations].’’ 

(3) Joint Marketing. As required by 

§ 160.13 of this part, where [joint 

marketing] appears, the financial 

institution must: 

(i) If it does not engage in joint 

marketing, state: ‘‘[name of financial 

institution] doesn’t jointly market’’; or 

(ii) If it shares personal information 

for joint marketing, state, as applicable: 

‘‘Our joint marketing partners include 

[list categories of companies such as 

credit card companies].’’ 

(c) General instructions for the ‘‘Other 

important information’’ box. This box is 

optional. The space provided for 

information in this box is not limited. 

Only the following types of information 

can appear in this box. 

(1) State and/or international privacy 

law information; and/or 

(2) Acknowledgment of receipt form. 

[74 FR 62975, Dec. 1, 2009] 

Appendix B to Part 160—Sample 

Clauses 

This appendix only applies to privacy 

notices provided before January 1, 2011. 

Financial institutions, including a group of 

financial holding company affiliates that use 

a common privacy notice, may use the 

following sample clauses, if the clause is 

accurate for each institution that uses the 

notice. Note that disclosure of certain 

information, such as assets, income and 

information from a consumer reporting 

agency, may give rise to obligations under the 

Fair Credit Reporting Act, such as a 

requirement to permit a consumer to opt out 

of disclosures to affiliates or designation as 

a consumer reporting agency if disclosures 

are made to nonaffiliated third parties. 

A–1—Categories of Information You Collect 

(All Institutions) 

You may use this clause, as applicable, to 

meet the requirement of § 160.6(a)(1) to 

describe the categories of nonpublic personal 

information you collect. 

Sample Clause A–1 

We collect nonpublic personal information 

about you from the following sources: 

• Information we receive from you on 

applications or other forms; 

• Information about your transactions with 

us, our affiliates or others; and 

• Information we receive from a consumer 

reporting agency. 

A–2—Categories of Information You Disclose 

(Institutions That Disclose Outside of the 

Exceptions) 

You may use one of these clauses, as 

applicable, to meet the requirement of 

§ 160.6(a)(2) to describe the categories of 

nonpublic personal information you disclose. 

You may use these clauses if you disclose 

nonpublic personal information other than as 

permitted by the exceptions in §§ 160.13, 

160.14 and 160.15. 

Sample Clause A–2, Alternative 1 

We may disclose the following kinds of 

nonpublic personal information about you: 

• Information we receive from you on 

applications or other forms, such as [provide 

illustrative examples, such as ‘‘your name, 

address, Social Security number, assets and 

income’’]; 

• Information about your transactions with 

us, our affiliates or others, such as [provide 

illustrative examples, such as ‘‘your account 

balance, payment history, parties to 

transactions and credit card usage’’]; and 

• Information we receive from a consumer 

reporting agency, such as [provide 

illustrative examples, such as ‘‘your 

creditworthiness and credit history’’]. 

Sample Clause A–2, Alternative 2 

We may disclose all of the information that 

we collect, as described [describe location in 

the notice, such as ‘‘above’’ or ‘‘below’’]. 

A–3—Categories of Information You Disclose 

and Parties To Whom You Disclose 

(Institutions That Do Not Disclose Outside of 

the Exceptions) 

You may use this clause, as applicable, to 

meet the requirements of §§ 160.6(a)(2), (3) 

and (4) to describe the categories of 

nonpublic personal information about 

customers and former customers that you 

disclose and the categories of affiliates and 

nonaffiliated third parties to whom you 

disclose. You may use this clause if you do 

not disclose nonpublic personal information 

to any party, other than as is permitted by the 

exceptions in §§ 160.14 and 160.15. 

Sample Clause A–3 

We do not disclose any nonpublic personal 

information about our customers or former 

customers to anyone, except as permitted by 

law. 

A–4—Categories of Parties To Whom You 

Disclose (Institutions That Disclose Outside 

of the Exceptions) 

You may use this clause, as applicable, to 

meet the requirement of § 160.6(a)(3) to 

describe the categories of affiliates and 

nonaffiliated third parties to whom you 

disclose nonpublic personal information. 

You may use this clause if you disclose 

nonpublic personal information other than as 

permitted by the exceptions in §§ 160.13, 

160.14 and 160.15, as well as when permitted 

by the exceptions in §§ 160.14 and 160.15. 

Sample Clause A–4 

We may disclose nonpublic personal 

information about you to the following types 

of third parties: 

• Financial service providers, such as 

[provide illustrative examples, such as 

‘‘mortgage bankers’’]; 

• Non-financial companies, such as 

[provide illustrative examples, such as 

‘‘retailers, direct marketers, airlines and 

publishers’’]; and 

• Others, such as [provide illustrative 

examples, such as ‘‘non-profit 

organizations’’]. 

We may also disclose nonpublic personal 

information about you to nonaffiliated third 

parties as permitted by law. 

A–5—Service Provider/Joint Marketing 

Exception 

You may use one of these clauses, as 

applicable, to meet the requirements of 

§ 160.6(a)(5) related to the exception for 

service providers and joint marketers in 

§ 160.13. If you disclose nonpublic personal 

information under this exception, you must 

describe the categories of nonpublic personal 

information you disclose and the categories 

of third parties with whom you have 

contracted. 

Sample Clause A–5, Alternative 1 

We may disclose the following information 

to companies that perform marketing services 

on our behalf or to other financial 

institutions with which we have joint 

marketing agreements: 

• Information we receive from you on 

applications or other forms, such as [provide 

illustrative examples, such as ‘‘your name, 

address, Social Security number, assets and 

income’’]; 

• Information about your transactions with 

us, our affiliates, or others, such as [provide 

illustrative examples, such as ‘‘your account 

balance, payment history, parties to 

transactions and credit card usage’’]; and 

• Information we receive from a consumer 

reporting agency, such as [provide 

illustrative examples, such as ‘‘your 

creditworthiness and credit history’’]. 

Sample Clause A–5, Alternative 2 

We may disclose all of the information we 

collect, as described [describe location in the 

notice, such as ‘‘above’’ or ‘‘below’’] to 

companies that perform marketing services 

on our behalf or to other financial 

institutions with which we have joint 

marketing agreements. 

A–6—Explanation of Opt Out Right 

(Institutions That Disclose Outside of the 

Exceptions) 

You may use this clause, as applicable, to 

meet the requirement of § 160.6(a)(6) to 

provide an explanation of the consumer’s 

right to opt out of the disclosure of nonpublic 

personal information to nonaffiliated third 

parties, including the method(s) by which the 

consumer may exercise that right. You may 

use this clause if you disclose nonpublic 

personal information other than as permitted 

by the exceptions in §§ 160.13, 160.14 and 

160.15. 

Sample Clause A–6 

If you prefer that we not disclose 

nonpublic personal information about you to 

nonaffiliated third parties you may opt out of 

those disclosures; that is, you may direct us 

not to make those disclosures (other than 

disclosures permitted or required by law). If 

you wish to opt out of disclosures to 

nonaffiliated third parties, you may [describe 

a reasonable means of opting out, such as 

‘‘call the following toll-free number: (insert 

number)’’]. 

A–7—Confidentiality and Security (All 

Institutions) 

You may use this clause, as applicable, to 

meet the requirement of § 160.6(a)(8) to 

describe your policies and practices with 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76367 

respect to protecting the confidentiality and 

security of nonpublic personal information. 

Sample Clause A–7 

We restrict access to nonpublic personal 

information about you to [provide an 

appropriate description, such as ‘‘those 

employees who need to know that 

information to provide products or services 

to you’’]. We maintain physical, electronic 

and procedural safeguards that comply with 

federal standards to safeguard your 

nonpublic personal information. 

[66 FR 21252, Apr. 27, 2001, as amended at 

74 FR 62984, Dec. 1, 2009] 

[FR Doc. 2012–31273 Filed 12–27–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 366 

[Docket No. RM11–12–000; Order No. 771] 

Availability of E-Tag Information to 

Commission Staff 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule. 

SUMMARY: In this Final Rule, the Federal 

Energy Regulatory Commission (the 

Commission) is amending its 

regulations, pursuant to sections 222 

and 307(a) of the Federal Power Act 

(FPA), to grant Commission access, on 

a non-public and ongoing basis, to the 

complete electronic tags (e-Tags) used to 

schedule the transmission of electric 

power interchange transactions in 

wholesale markets. This Final Rule will 

require e-Tag Authors (through their 

Agent Service) and Balancing 

Authorities (through their Authority 

Service) to take appropriate steps to 

ensure Commission access to the e-Tags 

covered by this Final Rule by 

designating the Commission as an 

addressee on the e-Tags. After the 

Commission is designated as an 

addressee, the Commission will access 

the e-Tags by contracting with a 

commercial vendor. The commercial 

vendor will provide data management 

services and receive e-Tags addressed to 

the Commission. The information made 

available under this Final Rule will 

bolster the Commission’s market 

surveillance and analysis efforts by 

helping the Commission to detect and 

prevent market manipulation and anticompetitive behavior. This information 

will also help the Commission monitor 

the efficiency of markets and better 

inform Commission policies and 

decision-making, thereby helping to 

ensure just and reasonable rates. In 

addition, this Final Rule will require 

that e-Tag information be made 

available to regional transmission 

organizations and independent system 

operators and their Market Monitoring 

Units, upon request to e-Tag Authors 

and Authority Services, subject to 

appropriate confidentiality restrictions. 

DATES: Effective Date: This Final Rule 

will become effective February 26, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Maria Vouras (Technical Information), 

Office of Enforcement, Federal Energy 

Regulatory Commission, 888 First 

Street NE., Washington, DC 20426, 

Telephone: (202) 502–8062, Email: 

maria.vouras@ferc.gov. 

William Sauer (Technical Information), 

Office of Energy Policy and 

Innovation, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, Telephone: 

(202) 502–6639, Email: 

william.sauer@ferc.gov. 

Gary D. Cohen (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 

20426, Telephone: (202) 502–8321, 

Email: gary.cohen@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Order No. 771 

Final Rule 

Table of Contents 

Paragraph 

No. 

I. Background ............................................................................................................................................................................................ 3 

II. Discussion ............................................................................................................................................................................................ 10 

A. Legal Authority to Require E-Tag Access ................................................................................................................................... 10 

1. E-Tag NOPR ............................................................................................................................................................................ 10 

2. Comments ............................................................................................................................................................................... 11 

3. Commission Determination ................................................................................................................................................... 14 

B. Need for Commission Access to E-Tag Information ................................................................................................................... 22 

1. E-Tag NOPR ............................................................................................................................................................................ 22 

2. Comments ............................................................................................................................................................................... 23 

3. Commission Determination ................................................................................................................................................... 28 

C. Implementing the Commission’s E-Tag Access .......................................................................................................................... 34 

1. E-Tag NOPR ............................................................................................................................................................................ 34 

2. Comments ............................................................................................................................................................................... 35 

3. Commission Determination ................................................................................................................................................... 40 

D. Providing E-Tag Access to MMUs, RTOs and ISOs ................................................................................................................... 43 

1. E-Tag NOPR ............................................................................................................................................................................ 43 

2. Comments ............................................................................................................................................................................... 44 

3. Commission Determination ................................................................................................................................................... 53 

E. Confidentiality of Data ................................................................................................................................................................. 56 

1. E-Tag NOPR ............................................................................................................................................................................ 56 

2. Comments ............................................................................................................................................................................... 57 

3. Commission Determination ................................................................................................................................................... 59 

III. Information Collection Statement ...................................................................................................................................................... 61 

IV. Regulatory Flexibility Act .................................................................................................................................................................. 69 

V. Document Availability ........................................................................................................................................................................ 71 

VI. Effective Date and Congressional Notification ................................................................................................................................. 74 

Before Commissioners: Jon Wellinghoff, 

Chairman; Philip D. Moeller, John R. 

Norris, Cheryl A. LaFleur, and Tony T. 

Clark. Issued December 20, 2012. 

1. In this Final Rule, the Federal 

Energy Regulatory Commission 

(Commission) is amending its 

regulations, pursuant to sections 222 

and 307(a) of the Federal Power Act 


srobinson on DSK4SPTVN1PROD with