[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4239-4240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01539]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

AGENCY: Federal Trade Commission.

ACTION: Notice and request for comment.

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SUMMARY: The Federal Trade Commission (FTC) requests that the Office of 
Management and Budget (OMB) extend for three years the current 
Paperwork Reduction Act (PRA) clearance for information collection 
requirements contained in the FTC's Red Flags, Card Issuers, and 
Address Discrepancy Rules (Rules). That clearance expires on January 
31, 2022.

DATES: Comments must be received by February 28, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. The 
reginfo.gov web link is a United States Government website produced by 
OMB and the General Services Administration (GSA). Under PRA 
requirements, OMB's Office of Information and Regulatory Affairs (OIRA) 
reviews Federal information collections.

FOR FURTHER INFORMATION CONTACT: Whitney Moore, Attorney, Division of 
Division of Privacy and Identity Protection, Bureau of Consumer 
Protection, Federal Trade Commission, Mail Code CC-8232, 600 
Pennsylvania Ave. NW, Washington, DC 20580, (202) 326-2645.

SUPPLEMENTARY INFORMATION:

[[Page 4240]]

    Title: Red Flags Rule, 16 CFR 681.1; Card Issuers Rule, 16 CFR 
681.2; Address Discrepancy Rule, 16 CFR part 641.
    OMB Control Number: 3084-0137.
    Type of Review: Extension of currently approved collection.
    Abstract: The Red Flags Rule requires financial institutions and 
certain creditors to develop and implement written Identity Theft 
Prevention Programs. The Card Issuers Rule requires credit and debit 
card issuers to assess the validity of notifications of address changes 
under certain circumstances. The Address Discrepancy Rule provides 
guidance on what covered users of consumer reports must do when they 
receive a notice of address discrepancy from a nationwide consumer 
reporting agency. Collectively, these three anti-identity theft 
provisions are intended to prevent impostors from misusing another 
person's personal information for a fraudulent purpose.
    The Rules implement sections 114 and 315 of the Fair Credit 
Reporting Act (``FCRA''), 15 U.S.C. 1681 et seq.
    Estimated Annual Burden: (397,298 hours; $20,103,752 in labor 
costs).

A. Section 114: Red Flags and Card Issuers Rules:
    (1) Red Flags:
    (a) Estimated Number of Respondents: 164,591
    (i) High-Risk Entities: 99,830 \1\
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    \1\ High-risk entities include, for example, financial 
institutions within the FTC's jurisdiction and utilities, motor 
vehicle dealerships, telecommunications firms, colleges and 
universities, and hospitals.
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    (ii) Low-Risk Entities: 64,761 \2\
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    \2\ Low-risk entities include, for example, public warehouse and 
storage firms, nursing and residential care facilities, automotive 
equipment rental and leasing firms, office supplies and stationery 
stores, fuel dealers, and financial transaction processing firms.
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    (b) Estimated Hours Burden:
    (i) High-Risk Entities: 342,900 hours
    (ii) Low-Risk Entities: 16,523 hours
    (2) Card Issuers Rule:
    (a) Estimated Number of Respondents: 18,894 \3\
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    \3\ FTC staff estimates that the Rule affects as many as 18,356 
card issuers within the FTC's jurisdiction. This includes, for 
example, state credit unions, general retail merchandise stores, 
colleges and universities, and telecoms.
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    (b) Estimated Hours Burden: 20,508 hours
    (3) Combined Labor Cost Burden: $19,756,412
B. Section 315--Address Discrepancy Rule:
    (1) Estimated Number of Respondents: 44,000
    (2) Estimated Hours Burden: 17,367 hours
    (3) Estimated Labor Cost Burden: $347,340
C. Capital/Non-Labor Costs for Sections 114 and 315
    FTC staff believes that the Rules impose negligible capital or 
other non-labor costs, as the affected entities are likely to have the 
necessary supplies and/or equipment already (e.g., offices and 
computers) for the information collections described herein.

Request for Comment

    On October 15, 2021, the FTC sought public comment on the 
information collection requirements associated with the Rule. 86 FR 
57425. The Commission received no germane comments. 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 
Rules.
    Your comment--including your name and your state--will be placed on 
the public record of this proceeding. 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, such as medical records or 
other individually identifiable health information. In addition, your 
comment should not include any ``trade secret or any commercial or 
financial information which . . . is privileged or confidential'' --as 
provided by 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)--including in particular competitively 
sensitive information such as costs, sales statistics, inventories, 
formulas, patterns, devices, manufacturing processes, or customer 
names.

Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2022-01539 Filed 1-26-22; 8:45 am]
BILLING CODE 6750-01-P