4598 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices 

1Public Law 111–203, 124 Stat. 1376 (2010). 

2 15 U.S.C. 1681 et seq. 

3See Dodd-Frank Act, § 1029(a), (c). 

4 16 CFR part 660. 

5 12 CFR part 1022. 

6The rule also provides that an entity is not a 

furnisher when it: Provides information to a CRA 

solely to obtain a consumer report for a permissible 

purpose under the FCRA; is acting as a CRA as 

defined in section 603(f) of the FCRA; is an 

individual consumer to whom the furnished 

information pertains; or is a neighbor, friend, or 

associate of the consumer, or another individual 

with whom the consumer is acquainted or who may 

have knowledge about the consumer’s character, 

general reputation, personal characteristics, or 

mode of living in response to a specific request 

from a CRA. 

7The CFPB estimates that there are 16,000 

furnishers, excluding motor vehicle dealers that are 

subject to the FTC’s jurisdiction, with an allocation 

to that agency of 63% of the burden or 10,080 

respondents. See CFPB Supporting Statement Part 

A, Fair Credit Reporting Act (Regulation V) 12 CFR 

1022 (OMB Control Number: 3170–0002) (https://

www.reginfo.gov/public/do/PRAViewDocument

?ref_nbr=202008-3170-001). Allocating the 

remaining 37% of the burden to the FTC yields 

5,920 respondents, excluding motor vehicle dealers 

that are subject to the FTC’s jurisdiction. FTC staff 

estimate that there are approximately 46,525 motor 

vehicle dealers in the U.S. See U.S. Census Bureau, 

All Sectors: County Business Patterns, including 

ZIP Code Business Patterns, by Legal Form of 

Organization and Employment Size Class for the 

U.S., States, and Selected Geographies: 2019, 

available at https://data.census.gov/cedsci/table?q

=CBP2019.CB1900CBP&n=44111%3A44112&

;tid=CBP2019.CB1900CBP&hidePreview

=true&nkd=EMPSZES∼001,LFO∼001 (listing 21,427 

establishments for ‘‘new car dealers,’’ NAICS code 

44111, and 25,098 establishments for ‘‘used car 

dealers,’’ NAICS code 44112). It is difficult to 

determine precisely the number of motor vehicle 

dealers that are subject to the FTC’s jurisdiction and 

that are furnishers. Given the restrictions in section 

1029(a) of the Dodd-Frank Act that motor vehicle 

dealers subject to the FTC’s jurisdiction are those 

that routinely assign consumer contracts governing 

retail credit to an unaffiliated third-party finance 

source, Commission staff believes the number is de 

minimis. Accordingly, the FTC estimates that 1% of 

motor vehicle dealers subject to the FTC’s 

jurisdiction are furnishers of information to CRAs 

or 465 respondents. Thus, 465 motor vehicle 

dealers + 5,920 other entities = 6,385 respondents 

for the FTC’s burden calculations. 

8 74 FR 31484, 31505 (July 1, 2009 FTC and 

Federal financial agencies’ final rules). 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Extension 

AGENCY: Federal Trade Commission. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(‘‘PRA’’), the Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’) is seeking 

public comment on its proposal to 

extend for an additional three years the 

Office of Management and Budget 

clearance for information collection 

requirements in its regulation ‘‘Duties of 

Furnishers of Information to Consumer 

Reporting Agencies’’ (‘‘Information 

Furnishers Rule’’), which applies to 

certain motor vehicle dealers, and its 

shared enforcement with the Bureau of 

Consumer Financial Protection 

(‘‘CFPB’’) of the furnisher provisions 

(subpart E) of the CFPB’s Regulation V 

regarding other entities. The current 

clearance expires on July 31, 2022. 

DATES: Comments must be filed by 

March 29, 2022. 

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 ‘‘Information Furnishers 

Rule, PRA Comment, P135407,’’ on your 

comment and file your comment online 

at https://www.regulations.gov/, by 

following the instructions on the webbased form. If you prefer to file your 

comment on paper, mail 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: 

Gorana Neskovic, Attorney, Division of 

Privacy and Identity Protection, Bureau 

of Consumer Protection, (202) 326– 

2322, 600 Pennsylvania Ave. NW, CC– 

8232, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

Title: Duties of Furnishers of 

Information to Consumer Reporting 

Agencies. 

OMB Control Number: 3084–0144. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Affected Public: Private Sector: 

Businesses and other for-profit entities. 

Estimated Annual Burden Hours: 

17,483 hours. 

Estimated Annual Labor Costs: 

$966,143. 

Abstract: The Dodd-Frank Act 1

transferred most of the FTC’s 

rulemaking authority for the furnisher 

provisions of the Fair Credit Reporting 

Act (‘‘FCRA’’) 2 to the CFPB. The FTC, 

however, retains rulemaking authority 

for motor vehicle dealers that are 

predominantly engaged in the sale and 

servicing of motor vehicles, the leasing 

and servicing of motor vehicles, or 

both.3 In addition, the FTC retains its 

authority to enforce the furnisher 

provisions of the FCRA and rules issued 

under those provisions. Accordingly, 

the FTC and CFPB have overlapping 

enforcement authority for many entities 

subject to CFPB’s Regulation V (subpart 

E) and the FTC has sole enforcement 

authority for the motor vehicle dealers 

subject to the FTC rule. 

Under section 660.3 of the FTC’s 

Information Furnishers Rule 4 and 

section 1022.42 of the CFPB Rule,5

furnishers must establish and 

implement reasonable written policies 

and procedures regarding the accuracy 

and integrity of the information relating 

to consumers that they furnish to a 

consumer reporting agency (‘‘CRA’’) for 

inclusion in a consumer report.6 Section 

660.4 of the FTC Rule and section 

1022.43 of the CFPB Rule require that 

entities which furnish information 

about consumers to a CRA respond to 

direct disputes from consumers. These 

provisions also require that a furnisher 

notify consumers by mail or other 

means (if authorized by the consumer) 

within five business days after making 

a determination that a dispute is 

frivolous or irrelevant (‘‘F/I dispute’’). 

Burden Statement 

FTC staff estimates that 

approximately 6,385 information 

furnishers are subject to the FTC’s 

Information Furnishers Rule and its 

enforcement authority.7

Section 660.3 of FTC Rule/Section 

1022.42 of CFPB Rule 

A. Burden Hours 

Section 660.3 of the FTC’s Furnisher 

Rule and section 1022.42 of Regulation 

V (subpart E) require furnishers to 

establish written policies and 

procedures regarding the accuracy and 

integrity of information relating to 

consumers that they furnish to a CRA. 

Furnishers must also review these 

policies and procedures periodically 

and update them as necessary to ensure 

their continued effectiveness. FTC staff 

estimate a yearly recurring burden of 2 

hours for training to help ensure 

continued compliance regarding written 

policies and procedures for the accuracy 

and integrity of the information 

furnished to a CRA about consumers.8

This yields an annual hours burden of 

12,770 hours (6,385 respondents × 2 

hours for training). 

B. Labor Costs 

Labor costs are derived by applying 

appropriate estimated hourly cost 

figures to the burden hours described 

above. The FTC assumes that 

respondents will use managerial and/or 

professional technical personnel to train 


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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices 4599 

9http://www.bls.gov/news.release/ 

ocwage.nr0.htm: ‘‘Occupational Employment and 

Wages—May 2017,’’ Bureau of Labor Statistics, U.S. 

Department of Labor, released March 30, 2018, 

Table 1 (‘‘National employment and wage data from 

the Occupational Employment Statistics survey by 

occupation, May 2017) (hereinafter, ‘‘BLS Table 1’’). 

See mean hourly wage for ‘‘Training and 

Development Managers.’’ 

10 74 FR at 31505. 

11 Id. at 31506 n. 58. 

12FTC staff believes that 4% is a reasonable 

estimate based on recent data. See ‘‘Key Dimensions 

and Processes in the U.S. Credit Reporting System: 

A review of how the nation’s largest credit bureaus 

handle consumer data,’’ December 2012, pp. 14, 29, 

31, 34. The CFPB report noted that almost 40% of 

all consumer disputes at the nationwide CRAs, on 

average, can be linked to collections. It stated that 

collection trade lines generate significantly higher 

numbers of consumer disputes than other types of 

trade lines—specifically, four times higher than 

auto-related dispute rates. These figures seem to 

suggest that almost 10% of all consumer disputes 

at the nationwide CRAs, on average, can be linked 

to auto-related disputes. When the FTC issued its 

final Rule, FTC staff estimated that 40% of direct 

disputes would result in the sending of F/I dispute 

notices. See 74 FR 31506 n.58. The FTC’s estimate 

of 4% is based on taking forty percent of the 10% 

of all consumer disputes at the nationwide CRAs, 

on average, linked to auto loans. 

13The revised figure is an average of Bureau of 

Labor Statistics mean hourly wages for potentially 

analogous employee types: First-line supervisors of 

office and administrative support workers ($29.81); 

bookkeeping, accounting, and auditing clerks 

($21.10); brokerage clerks ($28.11); eligibility 

interviewers, government programs ($23.07). See 

BLS Table 1. This averages to $25.52 per hour, 

rounded. 

company employees on continued 

compliance with the information 

furnisher requirements under the FTC 

and CFPB Rules. This yields estimated 

annual labor costs of $773,096 (12,770 

hours × $60.54 9). 

Section 660.4 of FTC Rule/Section 

1022.43 of CFPB Rule 

Section 660.4 of the FTC’s 

Information Furnishers Rule and section 

1022.43 of the CFPB’s Regulation V 

(subpart E) require furnishers to respond 

to direct disputes from consumers and 

notify consumers by mail or other 

means (if authorized by the consumer) 

within five business days after making 

a determination that a dispute is 

frivolous or irrelevant. 

A. Burden Hours 

FTC staff estimate that the burden 

necessary to prepare and distribute F/I 

notices is approximately 14 minutes per 

notice.10 Based on the calculations 

below, this yields an annual hours 

burden of 2,635 hours. 

1. 21,720 total F/I disputes 11

2. Motor vehicle dealer-only furnisher 

disputes are assumed to be 4% of 

the total: 21,720 × .04 = 869 F/I 

disputes 12

3. 20,851 respondents (21,720¥869 FTC 

only) ÷ by 2 = 10,425 F/I disputes 

subject to FTC shared jurisdiction 

4. 869 FTC only F/I disputes + 10,425 

additional F/I disputes = 11,294 F/ 

I dispute notices for the FTC’s 

jurisdiction 

5. 11,294 F/I disputes × 14 minutes each 

= 2,635 hours 

B. Labor Costs 

Labor costs are derived by applying 

appropriate estimated hourly cost 

figures to the burden hours described 

above. The FTC assumes that 

respondents will use skilled 

administrative support personnel to 

provide the required F/I dispute notices 

to consumers. This yields estimated 

annual labor costs of $67,245 (2,635 

hours × $25.52 13). 

FTC staff believes that these 

information collection requirements 

impose negligible capital or other nonlabor costs, as the affected entities are 

already likely to have the necessary 

supplies and equipment (e.g., offices 

and computers) to administer the 

information collections described above. 

Request for Comments: Under the 

PRA, 44 U.S.C. 3501–3521, federal 

agencies must obtain approval from 

OMB for each collection of information 

they conduct or sponsor. ‘‘Collection of 

information’’ means agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. 44 U.S.C. 

3502(3), 5 CFR 1320.3(c). As required by 

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

FTC is providing this opportunity for 

public comment before requesting that 

OMB extend the existing PRA clearance 

for the Information Furnishers Rule. 

Pursuant to Section 3506(c)(2)(A) of 

the PRA, the FTC invites comments on: 

(1) Whether the disclosure requirements 

are necessary, including whether the 

information will be practically useful; 

(2) the accuracy of our burden estimates, 

including whether the methodology and 

assumptions used are valid; (3) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) ways to minimize the burden of 

providing the required information to 

consumers. All comments should be 

filed as prescribed in the ADDRESSES

section above, and must be received on 

or before March 29, 2022. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before March 29, 2022. Write 

‘‘Paperwork Reduction Act: FTC File 

No. P072108’’ on your comment. Your 

comment—including your name and 

your state—will be placed on the public 

record of this proceeding, including the 

https://www.regulations.gov website. 

Due to the public health emergency in 

response to the COVID–19 outbreak and 

the agency’s heightened security 

screening, postal mail addressed to the 

Commission will be subject to delay. We 

encourage you to submit your comments 

online through the https://

www.regulations.gov website. 

If you file your comment on paper, 

write ‘‘Paperwork Reduction Act: FTC 

File No. P072108’’ 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 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, 

Washington, DC 20024. If possible, 

please submit your paper comment to 

the Commission by courier or overnight 

service. 

Because your comment will become 

publicly available at https://

www.regulations.gov, you are solely 

responsible for making sure that your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’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. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c). 

In particular, the written request for 

confidential treatment that accompanies 

the comment must include the factual 

and legal basis for the request, and must 

identify the specific portions of the 

comment to be withheld from the public 

record. See FTC Rule 4.9(c). Your 


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4600 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices 

comment will be kept confidential only 

if the General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted at www.regulations.gov, 

we cannot redact or remove your 

comment, unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

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 29, 2022. For information 

on the Commission’s privacy policy, 

including routine uses permitted by the 

Privacy Act, see https://www.ftc.gov/ 

site-information/privacy-policy. 

Josephine Liu, 

Assistant General Counsel for Legal Counsel. 

[FR Doc. 2022–01710 Filed 1–27–22; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0048; Docket No. 

2021–0053; Sequence No. 12] 

Submission for OMB Review; Certain 

Federal Acquisition Regulation Part 15 

Requirements 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat Division has 

submitted to the Office of Management 

and Budget (OMB) a request to review 

and approve a revision of a previously 

approved information collection 

requirement regarding certain Federal 

Acquisition Regulation (FAR) part 15 

requirements. 

DATES: Submit comments on or before 

February 28, 2022. 

ADDRESSES: Written comments and 

recommendations for this 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 

Review—Open for Public Comments’’ or 

by using the search function. 

Additionally, submit a copy to GSA 

through https://www.regulations.gov 

and follow the instructions on the site. 

This website provides the ability to type 

short comments directly into the 

comment field or attach a file for 

lengthier comments. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0048, 

Certain Federal Acquisition Regulation 

Part 15 Requirements. Comments 

received generally will be posted 

without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. If there are 

difficulties submitting comments, 

contact the GSA Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Zenaida Delgado, Procurement Analyst, 

at telephone 202–969–7207, or 

zenaida.delgado@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and 

Any Associated Form(s) 

9000–0048, Certain Federal 

Acquisition Regulation Part 15 

Requirements. 

B. Need and Uses 

DoD, GSA, and NASA are combining 

OMB Control Nos. for the Federal 

Acquisition Regulation (FAR) by FAR 

part. This consolidation is expected to 

improve industry’s ability to easily and 

efficiently identify burdens associated 

with a given FAR part. The review of 

the information collections by FAR part 

allows improved oversight to ensure 

there is no redundant or unaccounted 

for burden placed on industry. Lastly, 

combining information collections in a 

given FAR part is also expected to 

reduce the administrative burden 

associated with processing multiple 

information collections. 

This justification supports the 

revision of the expiration date of OMB 

Control No. 9000–0048 and combines it 

with the previously approved 

information collections under OMB 

Control No. 9000–0078, with the new 

title ‘‘Certain Federal Acquisition 

Regulation Part 15 Requirements.’’ 

Upon approval of this consolidated 

information collection, OMB Control 

No. 9000–0078 will be discontinued. 

The burden requirements previously 

approved under the discontinued 

number will be covered under OMB 

Control No. 9000–0048. 

This clearance covers the information 

that offerors and contractors must 

submit to comply with the following 

FAR requirements: 

1. FAR 15.407–2(e), Make-or-buy 

programs. When prospective contractors 

are required to submit proposed makeor-buy program plans for negotiated 

acquisitions, paragraph (e) requires the 

following information in their proposal: 

(a) A description of each major item 

or work effort; 

(b) Categorization of each major item 

or work effort as ‘‘must make,’’ ‘‘must 

buy,’’ or ‘‘can either make or buy’’; 

(c) For each item or work effort 

categorized as ‘‘can either make or buy,’’ 

a proposal either to ‘‘make’’ or to ‘‘buy’’; 

(d) Reasons for categorizing items and 

work efforts as ‘‘must make’’ or ‘‘must 

buy,’’ and proposing to ‘‘make’’ or to 

‘‘buy’’ those categorized as ‘‘can either 

make or buy’’; 

(e) Designation of the plant or 

division proposed to make each item or 

perform each work effort, and a 

statement as to whether the existing or 

proposed new facility is in or near a 

labor surplus area; 

(f) Identification of proposed 

subcontractors, if known, and their 

location and size status; 

(g) Any recommendations to defer 

make-or-buy decisions when 

categorization of some items or work 

efforts is impracticable at the time of 

submission; and 

(h) Any other information the 

contracting officer requires in order to 

evaluate the program. 

2. FAR 52.215–1(c)(2)(iv)— 

Authorized Negotiators. This provision 

requires firms offering supplies or 

services to the Government under 

negotiated solicitations to provide the 

names, titles, and telephone and 

facsimile numbers (and electronic 

addresses if available) of authorized 

negotiators to assure that discussions 

are held with authorized individuals. 

3. FAR 52.215–9, Changes or 

Additions to Make-or-Buy Program. 

This clause requires the contractor to 

submit, in writing, for the contracting 

officer’s advance approval a notification 

and justification of any proposed change 

in the make-or-buy program 

incorporated in the contract. 

4. FAR 52.215–14—Integrity of Unit 

Prices. This clause requires offerors and 

contractors under negotiated 

solicitations and contracts to identify 

those supplies which they will not 

manufacture or to which they will not 

contribute significant value, if requested 

by the contracting officer or when 


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