Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices 58415 

www.ftc.gov/os/2005/09/index.htm. A 

paper copy can be obtained from the 

FTC Public Reference Room, Room 130–

H, 600 Pennsylvania Avenue, NW., 

Washington, DC 20580, either in person 

or by calling (202) 326–2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission has 

accepted a consent agreement, subject to 

final approval, from Superior Mortgage 

Corp. (‘‘Superior Mortgage’’). Superior 

Mortgage is a mortgage lender 

specializing in residential mortgage 

loans with headquarters in Tuckerton, 

New Jersey. Superior Mortgage collects 

sensitive customer information, 

including customer names, Social 

Security numbers, credit histories, and 

bank and credit card account numbers, 

and is a ‘‘financial institution’’ subject 

to the Gramm-Leach-Bliley Act’s 

Standards for Safeguarding Customer 

Information Rule, 16 CFR part 314 

(‘‘Safeguards Rule’’). 

The proposed consent order has been 

placed in the public record for thirty 

(30) days for receipt of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received 

and will decide whether it should 

withdraw from the agreement and take 

other appropriate action or make final 

the agreement’s proposed order. 

This matter concerns Superior 

Mortgage’s alleged violations of the 

Safeguards Rule, as well as alleged 

security misrepresentations to 

consumers on Superior Mortgage’s Web 

site. The Safeguards Rule, which 

became effective on May 23, 2003, 

requires financial institutions to 

implement reasonable policies and 

procedures to ensure the security and 

confidentiality of customer information, 

including: 

• Designating one or more employees 

to coordinate the information security 

program; 

• Identifying reasonably foreseeable 

internal and external risks to the 

security, confidentiality, and integrity of 

customer information, and assessing the 

sufficiency of any safeguards in place to 

control those risks; 

• Designing and implementing 

information safeguards to control the 

risks identified through risk assessment, 

and regularly testing or otherwise 

monitoring the effectiveness of the 

safeguards’ key controls, systems, and 

procedures; 

• Overseeing service providers, and 

requiring them by contract to protect the 

security and confidentiality of customer 

information; and 

• Evaluating and adjusting the 

information security program in light of 

the results of testing and monitoring, 

changes to the business operation, and 

other relevant circumstances. 

The Commission’s complaint alleges 

that Superior Mortgage failed to 

implement the protections required by 

the Safeguards Rule and, specifically, 

that it failed to: (1) Assess risks to its 

customer information until more than a 

year after the Safeguard Rule’s effective 

date; (2) institute appropriate password 

policies to control access to company 

systems and documents containing 

sensitive customer information; (3) 

encrypt or otherwise protect sensitive 

customer information before sending it 

by e-mail; and (4) take reasonable steps 

to ensure that its service providers were 

providing appropriate security for 

customer information and addressing 

known security risks in a timely 

fashion. 

The complaint also alleges that 

Superior Mortgage violated section 5 of 

the Federal Trade Commission Act 

(‘‘FTC Act’’) by representing that the 

personal information it obtained from 

consumers through http:// 

www.supmort.com was encrypted using 

SSL from the time of submission until 

receipt by Superior Mortgage, when in 

fact that information was encrypted 

only while it was being transmitted 

between a visitor’s Web browser and the 

Web site’s server (using SSL); once the 

information reached the server, it was 

decrypted and e-mailed to Superior 

Mortgage’s headquarters and branch 

offices in clear, readable text. 

The proposed order contains 

provisions designed to prevent Superior 

Mortgage from future practices similar 

to those alleged in the complaint. 

Specifically, part I of the proposed order 

prohibits Superior Mortgage from 

misrepresenting the extent to which it 

maintains and protects the privacy, 

confidentiality, or security of any 

personal information collected from or 

about consumers. Part II of the proposed 

order prohibits Superior Mortgage from 

violating the Safeguards Rule. Part III of 

the proposed order requires that 

Superior Mortgage obtain, within 180 

days after being served with the final 

order approved by the Commission, and 

on a biennial basis thereafter for ten (10) 

years, an assessment and report from a 

qualified, objective, independent thirdparty professional, certifying that: (1) 

Superior Mortgage has in place a 

security program that provides 

protections that meet or exceed the 

protections required by the Safeguards 

Rule, and (2) Superior Mortgage’s 

security program is operating with 

sufficient effectiveness to provide 

reasonable assurance that the security, 

confidentiality, and integrity of 

nonpublic personal information has 

been protected. This provision is 

substantially similar to comparable 

provisions obtained in prior 

Commission orders under the 

Safeguards Rule and Section 5 of the 

FTC Act. See, e.g., Sunbelt Lending 

Servs., Inc., FTC Docket No. C–4129 

(Jan. 7, 2005); Tower Records, FTC 

Docket No. C–4110 (June 2, 2004). 

Part III of the proposed order also 

requires Superior Mortgage to retain 

documents relating to compliance. For 

the assessments and supporting 

documents, Superior Mortgage must 

retain the documents for three (3) years 

after the date that each assessment is 

prepared. 

Parts IV through VII of the proposed 

order are reporting and compliance 

provisions. Part IV requires 

dissemination of the order now and in 

the future to persons with supervisory 

responsibilities. Part V ensures 

notification to the FTC of changes in 

corporate status. Part VI mandates that 

Superior Mortgage submit compliance 

reports to the FTC. Part VII is a 

provision ‘‘sunsetting’’ the order after 

twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It is not intended to 

constitute an official interpretation of 

the proposed order or to modify its 

terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 05–20042 Filed 10–5–05; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

[Document Identifier: OS–0990–0268] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Office of the Secretary; HHS. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

58416 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices 

Office of the Secretary (OS), Department 

of Health and Human Services, is 

publishing the following summary of a 

proposed collection for public 

comment. Interested persons are invited 

to send comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

Type of Information Collection 

Request: Regular Clearance, Extension 

of a currently approved collection. 

Title of Information Collection: 

Service Use and Transition of Private 

Long-Term Care Insurance. 

Form/OMB No.: OS–0990–0268. 

Use: This is a longitudinal study of an 

admission cohort of private long-term 

care insurance claimants. A 

representative sample of claimants from 

nine companies will be followed for 

twenty months to better understand 

how they select and use services. 

Frequency: Reporting. 

Affected Public: Individuals or 

households. 

Annual Number of Respondents: 

1,650.00. 

Total Annual Responses: 6,755.00. 

Average Burden per Response: 1⁄2

hour. 

Total Annual Hours: 3,720.00. 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, access the HHS Web 

site address at http://www.hhs.gov/ 

oirm/infocollect/pending/ or e-mail your 

request, including your address, phone 

number, OMB number, and OS 

document identifier, to 

naomi.cook@hhs.gov, or call the Reports 

Clearance Office on (202) 690–6162. 

Written comments and 

recommendations for the proposed 

information collections must be 

received with 60-days, and directed to 

the OS Paperwork Clearance Officer at 

the following address: 

Department of Health and Human 

Services, Office of the Secretary, 

Assistant Secretary for Budget, 

Technology, and Finance, Office of 

Information and Resource 

Management, Attention: Naomi Cook 

(0990–0268), Room 531–H, 200 

Independence Avenue, SW., 

Washington DC 20201. 

Dated: September 28, 2005. 

Robert E. Polson, 

Office of the Secretary, Paperwork Reduction 

Act Reports Clearance Officer. 

[FR Doc. 05–20102 Filed 10–5–05; 8:45 am] 

BILLING CODE 4150–39–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[30Day–05–0134] 

Proposed Data Collections Submitted 

for Public Comment and 

Recommendations 

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) 371–5983 or send an email 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 

Foreign Quarantine Regulations, OMB 

No. 0920–0134—Revision—National 

Center for Infectious Diseases (NCID), 

Centers for Disease Control and 

Prevention (CDC). 

Background and Brief Description: 

Section 361 of the Public Health 

Service (PHS) Act (42 U.S.C. 264) 

authorizes the Secretary of Health and 

Human Services (DHHS) to make and 

enforce regulations necessary to prevent 

the introduction, transmission, or 

spread of communicable diseases from 

foreign countries into the United States. 

Legislation and the existing regulations 

governing foreign quarantine activities 

(42 CFR part 71) authorize quarantine 

officers and other personnel to inspect 

and undertake necessary control 

measures with respect to conveyances, 

persons, and shipments of animals and 

etiologic agents entering the United 

States from foreign ports in order to 

protect the public health. 

Under foreign quarantine regulations, 

the master of a ship or captain of an 

airplane entering the United States from 

a foreign port is required by public 

health law to report certain illnesses 

among passengers (42 CFR 71.21)(b). In 

this revision, CDC proposes adding two 

additional reporting requirements. First, 

in addition to the aforementioned list of 

required illnesses to be reported, CDC is 

asking that reports be made for the 

following conditions, which may 

indicate a reportable illness: (1) 

Hemorrhagic fever syndrome (persistent 

fever accompanied by abnormal 

bleeding from any site); or (2) acute 

respiratory syndrome (severe cough or 

severe respiratory disease of less than 3 

weeks in duration); or (3) acute onset of 

fever and severe headache, 

accompanied by stiff neck or change in 

level of consciousness. CDC has the 

authority to collect personal health 

information to protect the health of the 

public under the authority of section 

301 of the Public Health Service Act (42 

U.S.C.). 

Second, CDC proposes adding the 

Passenger Locator Form currently under 

OMB control number 0920–0664 to 

OMB control number 0920–0134. The 

Passenger Locator Form is used to 

collect reliable information that assists 

quarantine officers in locating in a 

timely manner those passengers and 

crew who are exposed to communicable 

diseases of public health importance 

while traveling on a conveyance. 

Additional burden hours for the 

voluntary reporting of additional certain 

illnesses and the Passenger Locator 

Form are reflected in the burden hour 

table below. DHHS delegates authority 

to CDC to conduct quarantine control 

measures. Currently, with the exception 

of rodent inspections and the cruise 

ship sanitation program, inspections are 

performed only on those vessels and 

aircraft which report illness prior to 

arrival or when illness is discovered 

upon arrival. Other inspection agencies 

assist quarantine officers in public 

health screening of persons, pets, and 

other importations of public health 

significance and make referrals to PHS 

when indicated. These practices and 

procedures assure protection against the 

introduction and spread of 

communicable diseases into the United 

States with a minimum of 

recordkeeping and reporting as well as 

a minimum of interference with trade 

and travel. 

Respondents include airplane pilots, 

ships’ captains, importers, and travelers. 

The nature of the quarantine response 

would dictate which forms are 

completed by whom. There are no costs 

to respondents except for their time. 

The total estimated annual burden 

hours are 225,759.