Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 14575 

1Commission Rule 4.2(d), 16 CFR 4.2(d). The 

comment must be accompanied by an explicit 

request for confidential treatment, including the 

factual and legal basis for the request, and must 

identify the specific portions of the comment to be 

withheld from the public record. The request will 

be granted or denied by the Commission’s General 

Counsel, consistent with applicable law and the 

public interest. See Commission Rule 4.9(c), 16 CFR 

4.9(c). 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than April 23, 2007. 

A. Federal Reserve Bank of Atlanta 

(Andre Anderson, Vice President) 1000 

Peachtree Street, N.E., Atlanta, Georgia 

30309: 

1. CNLBancshares, Inc., Orlando, 

Florida; to acquire 100 percent of 

CNLBank, Southwest Florida, Bonita 

Springs, Florida (in organization). 

2. First IC Financial Corp., Doraville, 

Georgia; to become a bank holding 

company by acquiring 100 percent of 

the voting shares of First 

Intercontinental Bank, Doraville, 

Georgia. 

3. Gateway Financial Holdings of 

Florida, Inc., Ormond Beach, Florida; to 

acquire 100 percent of the voting shares 

of Gateway Bank of Central Florida, 

Ocala, Florida (in organization). 

B. Federal Reserve Bank of Dallas 

(W. Arthur Tribble, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201- 

2272: 

1. First Bank Lubbock Bancshares, 

Inc., Lubbock, Texas and Outsource 

Delaware Capital Group, Inc., Dover, 

Delaware; to merge with Wilson 

Bancshares, Inc., and thereby indirectly 

acquire Wilson State Bank, both of 

Wilson, Texas. 

Board of Governors of the Federal Reserve 

System, March 23, 2007. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E7–5652 Filed 3–27–07; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Notice. 

SUMMARY: The information collection 

requirements described below will be 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review, as 

required by the Paperwork Reduction 

Act (‘‘PRA’’). The FTC is seeking public 

comments on its proposal to extend 

through April 30, 2010 the current PRA 

clearance for information collection 

requirements contained in its Free 

Annual File Disclosures Rule (‘‘Rule’’). 

That clearance expires on April 30, 

2007. 

DATES: Comments must be filed by April 

27, 2007. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘Free Annual 

File Disclosures Rule: FTC Matter No. 

P054816,’’ to facilitate the organization 

of comments. A comment filed in paper 

form should include this reference both 

in the text and on the envelope and 

should be mailed or delivered, with two 

complete copies, to the following 

address: Federal Trade Commission, 

Room H–135 (Annex J), 600 

Pennsylvania Ave., NW., Washington, 

DC 20580. Because paper mail in the 

Washington area and at the Commission 

is subject to delay, please consider 

submitting your comments in electronic 

form, as prescribed below. However, if 

the comment contains any material for 

which confidential treatment is 

requested, it must be filed in paper 

form, and the first page of the document 

must be clearly labeled ‘‘Confidential.’’ 1

Comments filed in electronic form 

should be submitted by following the 

instructions on the Web-based form at 

https://secure.commentworks.com/ 

freereports. To ensure that the 

Commission considers an electronic 

comment, you must file it on that webbased form. If this notice appears at 

www.regulations.gov, you may also file 

an electronic comment through that 

Web site. The Commission will consider 

all comments that regulations.gov 

forwards to it. 

All comments should additionally be 

submitted to: Office of Management and 

Budget, Attention: Desk Officer for the 

Federal Trade Commission. Comments 

should be submitted via facsimile to 

(202) 395–6974 because U.S. Postal Mail 

is subject to lengthy delays due to 

heightened security precautions. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. All timely and responsive 

public comments will be considered by 

the Commission and will be available to 

the public on the FTC Web site, to the 

extent practicable, at http://www.ftc.gov. 

As a matter of discretion, the FTC makes 

every effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

Web site. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy at http://www.ftc.gov/ftc/ 

privacy.htm. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be addressed to Sandra 

Farrington, Attorney, Division of 

Privacy and Identity Protection, Bureau 

of Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue, 

NW., NJ–3158, Washington, DC 20580, 

(202) 326–2252. 

SUPPLEMENTARY INFORMATION: On 

December 29, 2006, the FTC sought 

comment on the information collection 

requirements associated with the Rule, 

16 CFR Parts 610 and 698 (Control 

Number: 3084–0128). See 71 FR 78438. 

No comments were received. Pursuant 

to the OMB regulations, 5 CFR Part 

1320, that implement the PRA, 44 

U.S.C. 3501–3520, the FTC is providing 

this second opportunity for public 

comment while seeking OMB approval 

to extend the existing paperwork 

clearance for the Rule. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before April 27, 2007. 

The Rule was promulgated pursuant 

to the Free and Accurate Credit 

Transactions Act of 2003 (‘‘FACT Act’’), 

Pub. L. 108–159 (Dec. 4, 2003), and the 

Fair Credit Reporting Act (‘‘FCRA’’), 16 

U.S.C. 1681 et seq. As mandated by the 

FACT Act, the Rule requires nationwide 

consumer reporting agencies and 

nationwide consumer specialty 

reporting agencies to provide to 

consumers, upon request, one free file 

disclosure within any 12-month period. 

Generally, the Rule requires the 

nationwide consumer reporting 

agencies, as defined in Section 603(p) of 

the FCRA, 15 U.S.C. 1681a(p), to create 

and operate a centralized source that 

provides consumers with the ability to 

request their free annual file disclosures 

from each of the nationwide consumer 

reporting agencies through a centralized 

Internet Web site, toll-free telephone 

number, and postal address. The Rule 

also requires the nationwide consumer 

reporting agencies to establish a 

standardized form for Internet and mail 

requests for annual file disclosures, and 

provides a model standardized form that 

may be used to comply with that 

requirement. 

The Rule also requires nationwide 

specialty consumer reporting agencies, 

as defined in Section 603(w) of the 


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14576 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 

2 69 FR 13192 (Mar. 19, 2004); 69 FR 35468 (Jun. 

24, 2004). 3Staff predicted that nationwide consumer 

reporting agencies and nationwide specialty 

consumer reporting agencies would receive 19.9 

million new annual file disclosure requests per 

year. However, the nationwide and nationwide 

specialty consumer reporting agencies were not 

required to provide annual file disclosures under 

the Rule until December 2004, 6 months after the 

Rule was published. On that basis, staff predicted 

there would be 9.45 million new requests for 

annual file disclosures for the first year of the 

clearance (19.9 million/2). Thus, staff projected that 

consumer reporting agencies would receive an 

average of 16.6 million new requests per year 

during the requested clearance period. [(9.45 

million + 19.9 million + 19.9 million)/3 = 16.6 

million] 4This total included estimated time to increase 

call center and internet capacity to handle 

heightened request volume, alternate use of live 

operators in limited instances, and processing mail 

requests. 5Letter from Stuart K. Pratt, President & CEO, 

Consumer Data Industry Association, to Rep. 

Barney Frank, Committee on Financial Services, 

U.S. House of Representatives (Dec. 1, 2006). 6This figure annualizes the Consumer Data 

Industry Association’s estimate of 52 million new 

requests for the two-year period from December 1, 

2004 to December 1, 2006 and revises it upward 

over the next three years based on population 

growth projections issued by the U.S. Census 

Bureau. See U.S. Census Bureau Interim Projections 

by Age, Sex, Race, and Hispanic Origin, available 

at http://www.census.gov/ipc/www/usinterimproj/. 

7According to a HarrisInteractive poll, the 

percentage of households that have access to the 

Internet is currently over 60% and increasing. See 

The Harris Poll #8, February 5, 2003, available at 

http://www.harrisinteractive.com/harris_poll/ 

index.asp?PID=356. In addition, internet users are 

probably more likely to request an annual file 

disclosure. Accordingly, staff estimates that 

annually, 75% of the 26.69 million new requests (or 

approximately 20 million) will be made online. 

8Based on the time necessary for similar activity 

in the federal government (including at the FTC), 

staff estimates that such contracting and 

administration will require approximately 4 fulltime equivalent employees (‘‘FTE’’) for the Web 

service contract. Thus, staff estimates that 

administering the contract will require 4 FTE, 

which is 8,320 hours per year (4 FTE × 2080 hrs/ 

yr). The cost is based on the reported Bureau of 

Labor Statistics (BLS) rate ($48.03) for computer 

programmers for 2005 (most recently available BLS 

data) multiplied by 6.426% (approximate wage 

inflation for 2005 and 2006 based on the BLS 

Employment Cost Index), resulting in a wage of 

$51.12 per hour. Thus, the estimated setup and 

maintenance cost for an internet system is $425,318 

per year (8,320 hours × $51.12/hour). 

9Staff estimates that recurrent contracting for 

automated telephone capacity will require 

approximately 3 FTE, a total of 6,240 hours (3 × 

2,080 hours). Applying a wage rate of $48.27 based 

on the 2005 BLS rate for marketing managers 

($45.36/hr), the estimate for setup and maintenance 

cost is $301,205 (6,240 × $48.27) per year. 

10Based on their knowledge of the industry, staff 

estimates that consumers will submit 24% (6.4 

million) of the average 26.69 million new requests 

for annual file disclosures by telephone. Of those, 

an estimated 1% (or 64,056) will not have 

telephone equipment compatible with an 

automated system and may need to be serviced by 

live personnel. 

FCRA, 15 U.S.C. 1681a(w), to establish 

a streamlined process for consumers to 

request annual file disclosures. This 

streamlined process must include a tollfree telephone number for consumers to 

make such requests. 

Burden Statement 

Estimated total annual hours burden: 

311,000 hours (rounded to the nearest 

thousand). 

In its 2004 PRA-related Federal 

Register Notices 2 and corresponding 

submission to OMB, FTC staff estimated 

that consumer reporting agencies would 

receive an average of 16.6 million new 

annual file disclosure requests per year 

during the three-year period from May 

1, 2004 through April 30, 2007.3

Estimated average annual disclosure 

burden for those three years was 

approximately 199,000 hours.4

No provisions in the Rule have been 

amended since staff’s prior submission 

to OMB. However, the Consumer Data 

Industry Association recently stated that 

since December 1, 2004, the nationwide 

consumer reporting agencies have 

provided over 52 million free annual 

file disclosures through the centralized 

Internet Web site, toll-free telephone 

number, and postal address required to 

be established by the FACT Act and the 

Rule.5 Applying this data, staff 

estimates that the average annual 

disclosure burden for the three-year 

period for which the Commission seeks 

OMB clearance is approximately 

311,000 hours, as detailed below, and 

that the nationwide and the nationwide 

specialty consumer reporting agencies 

will receive 26.69 million requests per 

year from consumers for free annual file 

disclosures.6

Annual File Disclosures Provided 

Through the Internet 

Both nationwide and nationwide 

specialty consumer reporting agencies 

will likely handle the overwhelming 

majority of consumer requests through 

internet Web sites.7 The annual file 

disclosure requests processed through 

the internet will not impose any hours 

burden per request on the nationwide 

and nationwide specialty consumer 

reporting agencies, even though there 

will be some periodically recurring time 

and investment required to adjust the 

internet capacity needed to handle the 

new changing request volume. 

Consumer reporting agencies likely will 

make such adjustments by negotiating 

or renegotiating outsourcing service 

contracts annually or as conditions 

change. Negotiating and renegotiating 

such contracts requires the time of 

trained personnel. Staff estimates that 

negotiating such contracts will require a 

cumulative total of 8,320 hours and 

$425,318 in setup and/or maintenance 

costs.8 Such activity is treated as an 

annual burden of maintaining and 

adjusting the changing Internet capacity 

requirements. 

Annual File Disclosures Requested Over 

the Telephone 

Most of the telephone requests for 

annual file disclosures will also be 

handled in an automated fashion, 

without any additional personnel 

needed to process the requests. As with 

the internet, additional time and 

investment will be needed to increase 

and administer the automated telephone 

capacity for the expected increase in 

request volume. The nationwide and 

nationwide specialty consumer 

reporting agencies will likely make such 

adjustments by negotiating or 

renegotiating outsourcing service 

contracts annually or as conditions 

change. Staff estimates that this will 

require a total of 6,240 hours at a cost 

of $301,205 in setup and/or 

maintenance costs.9 This also is treated 

as an annual recurring burden necessary 

to obtain, maintain, and adjust 

automated call center capacity. 

A small percentage of those 

consumers who telephone the 

centralized source or the nationwide 

speciality consumer reporting agencies 

will not have telephone equipment 

compatible with an automated system 

and may need to be processed by a live 

operator.10 Based on their knowledge of 

the industry, staff estimates that each of 

these requests will take 5 minutes to 

process, for a total of 5,334 additional 

hours of operator time. [(64,008 × 5 

minutes)/60 minutes = 5,334 hours] 

Annual File Disclosures that Require 

Processing by Mail 

Based on their knowledge of the 

industry, staff believes that no more 

than 1% of consumers (1% × 26.69 

million, or 266,900) will request an 

annual file disclosure through U.S. 

postal service mail. Staff estimates that 

10 minutes per request is required to 

handle these requests, thereby totaling 

44,483 hours of time by clerical 

personnel. [(266,900 × 10 minutes)/60 

minutes = 44,483 hours] 

In addition, whenever the requesting 

consumer cannot be identified using an 

automated method (a Web site or 

automated telephone service), it will be 

necessary to redirect that consumer to 

send identifying material along with the 

request by mail. Staff estimates that this 

will occur in about 5% of the new 

requests (or 1,321,155) that were 

originally placed over the internet or 

telephone. Staff estimates that inputting 

and processing those redirected requests 

will consume approximately 10 minutes 

apiece at a cumulative total of 220,193 


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Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 14577 

11This figure includes both the estimated 1% of 

26.69 million requests that will be made by mail 

each year (266,900), and the estimated 5% of the 

requests initially made over the internet or 

telephone that will be redirected to the mail process 

(5% of 99% of 26.69 million = 1,321,155). 

12The 2005 BLS wage rate for telephone 

operators, $12.36, increased by 6.426% for 

compounded wage inflation, is $13.15. 

13The 2005 BLS wage rate for employees in 

administrative support, clerical (level 4 of 9), 

$14.17, multiplied by 6.426% for compounded 

wage inflation, is $15.08. 

14The 2005 BLS wage rate for top-level computer 

programmers, $48.03, multiplied by 6.426% for 

compounded wage inflation, is $51.12. The 2005 

BLS wage rate for marketing managers, averaged 

overall, is $45.36; compounded for wage inflation 

at 6.426% it becomes $48.27. 

15This consists of an estimated $7.69 million for 

automated telephone cost ($1.20 per request × 6.41 

million requests) and an estimated $700,000 ($0.035 

per request × 20 million requests) for internet web 

service cost. Per unit cost estimates are based on 

staff’s knowledge of the industry. 

16The consumer reporting industry is a multibillion dollar market. As of 2002, it is estimated to 

have more than $4 billion dollars in sales of file 

disclosures. One study indicates that the 

nationwide consumer reporting agencies had 

approximately $1.2 billion in earnings in 2002. See 

Michael Turner, Daniel Balis, Joseph Duncan, and 

Robin Varghese, ‘‘Free Consumer Credit Reports: At 

What Cost? The Economic Impact of a Free Credit 

Report Law to the National Credit Reporting 

Infrastructure,’’ Washington, DC: Information Policy 

Institute, September, 2003. Thus, the total labor and 

non-labor cost burden estimate of $13.57 million 

represents a small percentage—approximately 1% 

of the overall market ($13.57 million divided by 

$1.2 billion). This comparison is conservative, as it 

does not include the earnings of the nationwide 

specialty consumer reporting agencies. 

clerical hours. [(1,321,155 × 10 

minutes)/60 minutes = 220,193 hours] 

Instructions to Consumers 

The Rule also requires that certain 

instructions be provided to consumers. 

See Rule sections 610.2(b)(2)(iv)(A, B), 

610.3(a)(2)(iii)(A, B). Minimal 

associated time or cost is involved, 

however. Internet instructions to 

consumers are embedded in the 

centralized source Web site and do not 

require additional time or cost for the 

nationwide consumer reporting 

agencies. Similarly, regarding telephone 

requests, the automated phone systems 

provide the requisite instructions when 

consumers select certain options. Some 

consumers who request their credit 

reports by mail may additionally request 

printed instructions from the 

nationwide and nationwide specialty 

consumer reporting agencies. Staff 

estimates that there will be a total of 

1,588,055 requests each year for free 

annual file disclosures by mail.11 Based 

on their knowledge of the industry, staff 

estimates that of the predicted 1,588,055 

mail requests 10% (or 158,806) will 

request instructions by mail. If printed 

instructions are sent to each of these 

consumers by mail, requiring 10 

minutes of clerical time per consumer, 

this will total 26,468 hours. [(158,806 

instructions × 10 minutes)/60 minutes 

per hour] 

Labor costs: $5.19 million. 

Labor costs are derived by applying 

hourly cost figures to the burden hours 

described above. Accordingly, staff 

estimates that it will cost $70,195 to 

provide annual file disclosures for 

requests that require a telephone service 

representative (5,338 hours × $13.15 per 

hour).12 The remaining processing of 

requests for annual file disclosures and 

instructions will be performed by 

clerical personnel, which will require 

291,144 hours at a cost of $4,390,452. 

[(44,483 hours for handling initial mail 

request + 220,193 hours for handling 

requests redirected to mail + 26,468 

hours for handling instructions mailed 

to consumers) × $15.08 per hour 13] As 

elaborated on above, staff estimates that 

a total of 14,560 labor hours (8,320 

internet contract hours + 6,240 

telephone capacity contract hours) will 

be needed to obtain, maintain, and 

adjust the new capacity requirements 

for the automated telephone call center 

and the internet web services. This will 

result in approximately $726,523 per 

year in labor costs. [(8,320 hours × 

$51.12 per hour for automated phone 

service) + (6,240 hours × $48.27 per 

hour for Web services) 14] Thus, staff 

estimates that all non-contract labor will 

cost $5.19 million each year. 

Capital/other non-labor costs: $8.39 

million. 

Staff believes it is likely that the 

consumer reporting agencies will use 

third-party contractors (instead of their 

own employees) to increase the capacity 

of their systems. Because of the way 

these contracts are typically established, 

these costs will likely be incurred on a 

continuing basis, and will be calculated 

based on the number of requests 

handled by the systems. Staff estimates 

that the total annual amount to be paid 

for services delivered under these 

contracts is $8.39 million.15

Thus, combined, estimated annual 

labor and non-labor costs are 

approximately $13.58 million per 

year.16

William Blumenthal, 

General Counsel. 

[FR Doc. E7–5677 Filed 3–27–07; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Secretary’s Advisory Committee on 

Genetics, Health, and Society 

AGENCY: Office of the Secretary, HHS. 

SUMMARY: The Secretary’s Advisory 

Committee on Genetics, Health, and 

Society (SACGHS) is requesting public 

comment on a draft report to the 

Secretary of Health and Human Services 

(HHS) on pharmacogenomics. A copy of 

the draft report is available 

electronically at http:// 

www4.od.nih.gov/oba/sacghs/ 

public_comments.htm. A copy also may 

be obtained by e-mailing Ms. Suzanne 

Goodwin at goodwins@od.nih.gov or 

calling 301–496–9838. 

DATES: In order for public comments to 

be considered by SACGHS in finalizing 

its report to the Secretary, comments 

should be submitted by June 1, 2007. 

ADDRESSES: Public comments on the 

draft report should be addressed to Reed 

V. Tuckson, MD, SACGHS Chair, and 

transmitted via an e-mail to Ms. 

Goodwin at goodwins@od.nih.gov. 

Comments also may be mailed to 

SACGHS, Office of Biotechnology 

Activities, National Institutes of Health, 

6705 Rockledge Drive, Suite 750, 

Bethesda, MD 20892, or faxed to 301–

496–9839. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Goodwin, NIH Office of 

Biotechnology Activities, 6705 

Rockledge Drive, Suite 750, Bethesda, 

MD 20892, 301–496–9838, 

goodwins@od.nih.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Health and Human 

Services (HHS) established SACGHS to 

explore, analyze, and deliberate on the 

broad range of policy needs associated 

with the scientific, clinical, public 

health, ethical, economic, legal, and 

social issues raised by the development, 

use, and potential misuse of genetic and 

genomic technologies and make 

recommendations to the Secretary of 

HHS and other entities as appropriate. 

More information about the Committee 

is available at http://www4.od.nih.gov/ 

oba/sacghs.htm. 

One area currently being explored by 

SACGHS is pharmacogenomics. 

SACGHS identified the emerging field 

of pharmacogenomics as a high study 

priority because it holds significant 

promise for improving the productivity 

of the drug development pipeline, 

increasing the safety and effectiveness 

of drugs by reducing adverse reactions, 

and ultimately resulting in a more 

efficient use of drugs. The draft report 

describes these opportunities while also 


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