5750 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 

1 ‘‘PHR related entity’’ means an entity, other than 

a HIPAA-covered entity or an entity to the extent 

that it engages in activities as a business associate 

of a HIPAA-covered entity, that: (1) Offers products 

or services through the Web site of a vendor of 

personal health records; (2) offers products or 

services through the Web sites of HIPAA-covered 

entities that offer individuals personal health 

records; or (3) accesses information in a personal 

health record or sends information to a personal 

health record. 16 CFR 318.2(f). 

production information required by 

Section 7(c) of FIFRA. 

Establishment registration 

information, collected on EPA Form 

3540–8, is a one-time requirement for all 

pesticide-producing and deviceproducing establishments. Pesticide and 

device production information, reported 

on EPA Form 3540–16, is required to be 

submitted within 30 days after the 

company is notified of their pesticideproducing or device-producing 

establishment number, and annually 

thereafter on or before March 1st. 

Form Numbers: 3540–8 and 3540–16. 

Respondents/affected entities: 

Establishments registering pesticides. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 167). 

Estimated number of respondents: 

13,830. 

Frequency of response: Annually. 

Total estimated burden: 19,987 hours 

(per year). Burden is defined at 5 CFR 

1320.03(b). 

Total estimated cost: $1,545,104 (per 

year), includes no annualized capital or 

operation & maintenance costs. 

Changes in Estimates: There is no 

change in hours at present, but we will 

be revising the estimates in the 2nd FR 

notice before we submit to OMB. 

Dated: January 28, 2016. 

Betsy Smidinger, 

Acting Director, Office of Compliance. 

[FR Doc. 2016–01994 Filed 2–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request 

AGENCY: Federal Trade Commission. 

ACTION: Notice and request for comment. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) of 

1995, the FTC is seeking public 

comments on its request to Office of 

Management and Budget (OMB) to 

extend for three years the current PRA 

clearance for the information collection 

requirements contained in the Health 

Breach Notification Rule. That clearance 

expires on March 31, 2016. 

DATES: Comments must be received by 

March 4, 2016. 

ADDRESSES: Interested parties may file a 

comment online or on paper by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Health Breach 

Notification Rule, PRA Comments, P– 

125402’’ on your comment, and file 

your comment online at https://

ftcpublic.commentworks.com/ftc/health

breachnotificationpra2 by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail or deliver your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW., Suite 

CC–5610 (Annex J), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610 (Annex J), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

requirements should be addressed to 

Cora Tung Han, 202–326–2441, 

Attorney, Privacy & Identity Protection, 

Bureau of Consumer Protection, 600 

Pennsylvania Ave. NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

Title: Health Breach Notification Rule. 

OMB Control Number: 3084–0150. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: The Health Breach 

Notification Rule (Rule), 16 CFR part 

318, requires vendors of personal health 

records and PHR related entities 1 to 

provide: (1) Notice to consumers whose 

unsecured personally identifiable health 

information has been breached; and (2) 

notice to the Commission. The Rule 

only applies to electronic health records 

and does not include recordkeeping 

requirements. The Rule requires third 

party service providers (i.e., those 

companies that provide services such as 

billing or data storage) to vendors of 

personal health records and PHR related 

entities to provide notification to such 

vendors and PHR related entities 

following the discovery of a breach. To 

notify the FTC of a breach, the 

Commission developed a form, which is 

posted at www.ftc.gov/healthbreach, for 

entities subject to the rule to complete 

and return to the agency. 

On October 16, 2015, the FTC sought 

comment on the information collection 

requirements associated with the Rule. 

80 FR 62530. The FTC received three 

comments. None of these however 

addressed either the burden associated 

with the Rule or any of the other issues 

raised by the public comment request. 

Pursuant to the OMB regulations, 5 CFR 

part 1320, that implement the PRA, 44 

U.S.C. 3501 et seq., the FTC is providing 

this second opportunity for public 

comment while seeking OMB approval 

to renew the pre-existing clearance for 

the Rule. For more details about the 

Rule requirements and the basis for the 

calculations summarized below, see 80 

FR 62530. 

Likely Respondents: Vendors of 

personal health records, PHR related 

entities and third party service 

providers. 

Estimated Annual Hours Burden: 

3,267. 

Estimated Frequency: 2 breach 

incidents per year. 

Total Annual Labor Cost: $61,764. 

Total Annual Capital or Other NonLabor Cost: $49,960. 

Request for Comment: You can file a 

comment online or on paper. For the 

Commission to consider your comment, 

we must receive it on or before March 

4, 2016. Write ‘‘Health Breach 

Notification Rule, PRA Comments, P– 

125402’’ on your comment. Your 

comment—including your name and 

your state—will be placed on the public 

record of this proceeding, including, to 

the extent practicable, on the public 

Commission Web site, at http://

www.ftc.gov/os/publiccomments.shtm. 

As a matter of discretion, the 

Commission tries to remove individuals’ 

home contact information from 

comments before placing them on the 

Commission Web site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, such as anyone’s Social 

Security number, date of birth, driver’s 

license number or other state 

identification number or foreign country 

equivalent, passport number, financial 

account number, or credit or debit card 

number. You are also solely responsible 

for making sure that your comment does 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is . . . 

privileged or confidential,’’ as discussed 

in Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and FTC Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 5751 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you are required to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c). Your comment will be kept 

confidential only if the FTC General 

Counsel grants your request in 

accordance with the law and the public 

interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comment online, or to send it to the 

Commission by courier or overnight 

service. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/

healthbreachnotificationpra2, by 

following the instructions on the webbased form. If this Notice appears at 

http://www.regulations.gov, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Health Breach Notification Rule, 

PRA Comments, P–125402’’ on your 

comment and on the envelope, and mail 

or deliver it to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW., Suite CC–5610 (Annex J), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW., 5th Floor, Suite 5610 

(Annex J), Washington, DC 20024. If 

possible, submit your paper comment to 

the Commission by courier or overnight 

service. 

The FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before March 4, 2016. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.shtm. 

Comments on the information 

collection requirements subject to 

review under the PRA should also be 

submitted to OMB. If sent by U.S. mail, 

address comments to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for the Federal 

Trade Commission, New Executive 

Office Building, Docket Library, Room 

10102, 725 17th Street NW., 

Washington, DC 20503. Comments sent 

to OMB by U.S. postal mail, however, 

are subject to delays due to heightened 

security precautions. Thus, comments 

instead should be sent by facsimile to 

(202) 395–5167. 

Christian S. White, 

Deputy General Counsel. 

[FR Doc. 2016–01975 Filed 2–2–16; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 152–3104] 

Jim Koons Management Company; 

Analysis of Proposed Consent Order 

To Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before February 29, 2016. 

ADDRESSES: Interested parties may file a 

comment at https://

ftcpublic.commentworks.com/ftc/

jimkoonsmgtconsent online or on paper, 

by following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Jim Koons Management 

Company—Consent Agreement; File No. 

152–3104’’ on your comment and file 

your comment online at https://

ftcpublic.commentworks.com/ftc/

jimkoonsmgtconsent by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘Jim Koons Management 

Company—Consent Agreement; File No. 

152–3104’’ on your comment and on the 

envelope, and mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW., Suite 

CC–5610 (Annex D), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Evan Zullow (202) 326–2914 or 

Courtney Estep (202) 326–2788, Bureau 

of Consumer Protection, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for January 28, 2016), on 

the World Wide Web at: http://

www.ftc.gov/os/actions.shtm. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before February 29, 2016. Write ‘‘Jim 

Koons Management Company—Consent 

Agreement; File No. 152–3104’’ on your 

comment. Your comment—including 

your name and your state—will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the public Commission 

Web site, at http://www.ftc.gov/os/

publiccomments.shtm. As a matter of 

discretion, the Commission tries to 

remove individuals’ home contact 

information from comments before 

placing them on the Commission Web 

site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, like anyone’s Social 

Security number, date of birth, driver’s 

license number or other state 

identification number or foreign country 

equivalent, passport number, financial 

account number, or credit or debit card 

number. You are also solely responsible 

for making sure that your comment does 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which . . . is 

privileged or confidential,’’ as discussed 

in section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and FTC Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

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