21806 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 

sensitive information from consumers 

and employees, in violation of the 

Gramm-Leach-Bliley (‘‘GLB’’) Act 

Safeguards Rule. In particular, JBN: (1) 

did not develop, implement, and 

maintain a comprehensive written 

information security program; (2) did 

not implement reasonable policies and 

procedures in areas such as employee 

training; (3) stored personal information 

in clear text on its computer network; 

(4) did not employ sufficient measures 

to prevent or detect unauthorized access 

to personal information on its computer 

network or to conduct security 

investigations; (5) did not assess risks to 

personal information it collected and 

stored on its computer network and in 

paper files; and (6) provided back-up 

tapes containing personal information 

in clear text to a third party service 

provider but did not require the service 

provider by contract to protect the 

security and confidentiality of the 

information. 

According to the complaint, JBN’s 

practices violated the Safeguards Rule 

by, among other things, failing to: (1) 

develop, implement, and maintain a 

comprehensive written information 

security program; (2) identify reasonably 

foreseeable internal and external risks to 

the security, confidentiality, and 

integrity of customer information; (3) 

design and implement information 

safeguards to control the risks to 

customer information and regularly test 

and monitor them; (4) investigate, 

evaluate, and adjust the information 

security program in light of known or 

identified risks; and (5) oversee service 

providers and require them by contract 

to implement safeguards to protect 

respondent’s customer information. 

In addition, the proposed complaint 

alleges that JBN disseminated privacy 

notices that did not comply with the 

GLB Privacy Rule. In particular: (1) JBN 

began providing notices in 2004 even 

though under the Rule notices were to 

be provided starting on July 1, 2001; and 

(2) the notices it provided did not: set 

out its security practices; accurately 

describe that customer information 

would be disclosed to third parties; or 

accurately inform customers that they 

could exercise their opt-out rights at any 

time during the course of their loans. 

The proposed order applies to 

personal information from or about 

consumers that JBN collects in 

connection with its lending business. 

The proposed order contains provisions 

designed to prevent the company from 

engaging in the future in practices 

similar to those alleged in the 

complaint. 

Part I of the proposed order requires 

JBN to establish and maintain a 

comprehensive information security 

program that is reasonably designed to 

protect the security, confidentiality, and 

integrity of such information (whether 

in paper or electronic format) from or 

about consumers. The security program 

must contain administrative, technical, 

and physical safeguards appropriate to 

JBN’s size and complexity, the nature 

and scope of its activities, and the 

sensitivity of the information collected 

from or about consumers and 

employees. Specifically, the order 

requires JBN to: 

∑ Designate an employee or 

employees to coordinate and be 

accountable for the information security 

program. 

∑ Identify material internal and 

external risks to the security, 

confidentiality, and integrity of 

customer information that could result 

in the unauthorized disclosure, misuse, 

loss, alteration, destruction, or other 

compromise of such information, and 

assess the sufficiency of any safeguards 

in place to control these risks. 

∑ Design and implement reasonable 

safeguards to control the risks identified 

through risk assessment, and regularly 

test or monitor the effectiveness of the 

safeguards’ key controls, systems, and 

procedures. 

∑ Develop and use reasonable steps to 

select and retain service providers 

capable of appropriately safeguarding 

personal information they receive from 

JBN and require service providers by 

contract to implement and maintain 

appropriate safeguards. 

∑ Evaluate and adjust its information 

security programs in light of the results 

of testing and monitoring, any material 

changes to operations or business 

arrangements, or any other 

circumstances that it knows or has 

reason to know may have material 

impact on its information security 

program. 

Part II of the order prohibits JBN from 

violating any provision of the GLB 

Safeguards Rule and Privacy Rule. 

Part III of the proposed order requires 

JBN to obtain within one year, and on 

a biennial basis thereafter for a period 

of ten (10) years, an assessment and 

report from a qualified, objective, 

independent third-party professional, 

certifying, among other things, that: (1) 

it has in place a security program that 

provides protections that meet or exceed 

the protections required by Part I of the 

proposed order; and (2) its security 

program is operating with sufficient 

effectiveness to provide reasonable 

assurance that the security, 

confidentiality, and integrity of 

sensitive consumer and employee 

information has been protected. 

Parts IV through VIII of the proposed 

order are reporting and compliance 

provisions. Part IV requires JBN to 

retain documents relating to its 

compliance with the order. For most 

records, the order requires that the 

documents be retained for a five-year 

period. For the third-party assessments 

and supporting documents, JBN must 

retain the documents for a period of 

three years after the date that each 

assessment is prepared. Part V requires 

dissemination of the order now and in 

the future to persons with 

responsibilities relating to the subject 

matter of the order. Part VI ensures 

notification to the FTC of changes in 

company status. Part VII mandates that 

JBN submit a compliance report to the 

FTC within 60 days, and periodically 

thereafter as requested. Part VIII 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. E9–10959 Filed 5–8–09: 8:45 am] 

BILLING CODE: 6750–01–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0055] 

Federal Acquisition Regulation; 

Submission for OMB Review; Freight 

Classification Description 

AGENCIES: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of request for public 

comments regarding an extension to an 

existing OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR), 

Regulatory Secretariat (VPR) will be 

submitting to the Office of Management 

and Budget (OMB) a request to review 

and approve an extension of a currently 

approved information collection 

requirement concerning Freight 

Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 21807 

Classification Description. A request for 

public comments was published in the 

Federal Register at 73 FR 74711, on 

December 9, 2008. No comments were 

received. Public comments are 

particularly invited on: Whether this 

collection of information is necessary; 

whether it will have practical utility; 

whether our estimate of the public 

burden of this collection of information 

is accurate and based on valid 

assumptions and methodology; ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

ways in which we can minimize the 

burden of the collection of information 

on those who are to respond, through 

the use of appropriate technological 

collection techniques or other forms of 

information technology. 

DATES: Submit comments on or before 

June 10, 2009. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to: General Services 

Administration (GSA) Desk Officer, 

OMB, Room 10236, NEOB, Washington, 

DC 20503, and a copy to the General 

Services Administration, Regulatory 

Secretariat (VPR), 1800 F Street, NW., 

Room 4041, Washington, DC 20405. 

Please cite OMB Control No. 9000–0055, 

Freight Classification Description, in all 

correspondence. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeritta Parnell, Procurement Analyst, 

Contract Policy Division, at (202) 501– 

4082. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

When the Government purchases 

supplies that are new to the supply 

system, nonstandard, or modifications 

of previously shipped items, and 

different freight classifications may 

apply, offerors are requested to indicate 

the full Uniform Freight Classification 

or National Motor Freight Classification. 

The information is used to determine 

the proper freight rate for the supplies. 

B. Annual Reporting Burden 

Respondents: 2,640. 

Responses per Respondent: 3. 

Annual Responses: 7,920. 

Hours per Response: .167. 

Total Burden Hours: 1,323. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 9000–0055, 

Freight Classification Description, in all 

correspondence. 

Dated: May 5, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

[FR Doc. E9–10974 Filed 5–8–09; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0057] 

Federal Acquisition Regulation; 

Submission for OMB Review; 

Evaluation of Export Offers 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of request for public 

comments regarding an extension to an 

existing OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR), 

Regulatory Secretariat (VPR) will be 

submitting to the Office of Management 

and Budget (OMB) a request to review 

and approve an extension of a currently 

approved information collection 

requirement concerning Evaluation of 

Export Offers. A request for public 

comments was published in the Federal 

Register at 73 FR 76003, December 15, 

2008. No comments were received. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary; whether it will 

have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

DATES: Submit comments on or before 

June 10, 2009. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to: General Services 

Administration (GSA) Desk Officer, 

OMB, Room 10236, NEOB, Washington, 

DC 20503, and send a copy to the 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405. Please cite OMB Control No. 

9000–0057, Evaluation of Export Offers 

in all correspondence. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeritta Parnell, Procurement Analyst, 

Contract Policy Division, GSA, (202) 

501–4082. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

Offers submitted in response to 

Government solicitations must be 

evaluated and awards made on the basis 

of the lowest laid down cost to the 

Government at the overseas port of 

discharge, via methods and ports 

compatible with required delivery dates 

and conditions affecting transportation 

known at the time of evaluation. Offers 

are evaluated on the basis of shipment 

through the port resulting in the lowest 

cost to the Government. This provision 

collects information regarding the 

vendor’s preference for delivery ports. 

The information is used to evaluate 

offers and award a contract based on the 

lowest cost to the Government. 

B. Annual Reporting Burden 

Respondents: 100. 

Responses per Respondent: 4. 

Annual Responses: 400. 

Hours per Response: 25. 

Total Burden Hours: 100. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 9000–0057, 

Evaluation of Export Offers in all 

correspondence. 

Dated: May 5, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

[FR Doc. E9–10948 Filed 5–8–09; 8:45 am] 

BILLING CODE 6820–EP–P 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0007] 

General Services Administration 

Acquisition Regulation; Submission 

for OMB Review; GSA Form 527, 

Contractor’s Qualifications and 

Financial Information 

AGENCY: Office of the Chief Finance 

Officer, GSA.