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[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Notices]
[Pages 1128-1129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00008]

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FEDERAL TRADE COMMISSION

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

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
requests that the Office of Management and Budget (``OMB'') extend for 
an additional three years the current Paperwork Reduction Act (``PRA'') 
clearance for information collection requirements contained in the Red 
Flags, Card Issuers, and Address Discrepancy Rules (``Rules''). That 
clearance expires on January 31, 2025.

DATES: Comments must be filed by February 6, 2025.

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. 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.

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 Avenue NW, Washington, DC 20580, (202) 326-2645.

SUPPLEMENTARY INFORMATION:

A. Background and Comments

    The FTC's Office of Management and Budget (``OMB'') clearance (OMB 
Control No.: 3084-0137) for the collection of information under the Red 
Flags, Card Issuers, and Address Discrepancy Rules (``Rules''),\1\ 
which implement sections 114 and 315 of the Fair and Accurate Credit 
Transactions Act of 2003 (``FACT Act''), as amended by the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'') \2\ 
and the Red Flags Program Clarification Act of 2010 (``Clarification 
Act''),\3\ is set to expire on January 31, 2025. Accordingly, on August 
22, 2024, the Commission published a Federal Register Notice seeking 
public comment on the proposal to renew this OMB clearance for an 
additional three-year period. See 89 FR 67938 (Aug. 22, 2024). In 
response to the Federal Register Notice, the Commission received two 
germane comments.
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    \1\ Red Flags Rule, 16 CFR 681.1; Card Issuers Rule, 16 CFR 
681.2; Address Discrepancy Rule, 16 CFR part 641.
    \2\ Public Law 111-203 (2010).
    \3\ Red Flag Program Clarification Act of 2010, 15 U.S.C. 
1681m(e)(4).
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    The two comments were generally supportive of the information 
collection, although the two commenters indicated that they believe 
that the federal government's efforts in the context of personal data 
protections should be expanded.\4\ The Commission thanks the commenters 
for their submissions, and notes that the Commission has also

[[Page 1129]]

supported greater personal data protections for American consumers by, 
among other things, encouraging Congress to enact comprehensive federal 
privacy legislation.\5\ However, such initiatives would be beyond the 
scope of this PRA renewal request. Accordingly, for the foregoing 
reasons, the Commission declines to make any adjustments to its prior 
burden estimates or to modify its initial proposal.
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    \4\ See https://www.regulations.gov/comment/FTC-2022-0010-0004; 
https://www.regulations.gov/comment/FTC-2022-0010-0003.
    \5\ See, e.g., A Look Behind the Screens: Examining the Data 
Practices of Social Media and Video Streaming Services (Sept. 11, 
2024), https://www.ftc.gov/system/files/ftc_gov/pdf/Social-Media-6b-Report-9-11-2024.pdf (recommending that Congress enact comprehensive 
federal privacy legislation that limits surveillance and grants 
consumers data rights).
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B. Overview of Information Collection

    Title of Collection: 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 FACT Act.

Affected Public

    Red Flags Rule: Utilities; motor vehicle dealerships; 
telecommunications firms; colleges and universities; hospitals; nursing 
homes; public warehouse and storage firms; fuel dealers; financial 
transaction processing firms; certain creditors; \6\ and other 
categories of persons that qualify as financial institutions.
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    \6\ 15 U.S.C. 1681m(e)(4).
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    Card Issuers Rule: State-chartered credit unions; general 
merchandise stores; colleges and universities; telecommunications 
firms; and certain creditors.\7\
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    \7\ Id.
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    Address Discrepancy Rule: Users of consumer reports that are motor 
vehicle dealers described in section 1029(a) of the Dodd-Frank Act, 12 
U.S.C. 5519, and that are predominantly engaged in the sale and 
servicing of motor vehicles, the leasing and servicing of them, or 
both.
    Estimated Number of Respondents: 238,942 (165,494 for Red Flags 
Rule + 18,500 for Card Issuers Rule + 54,948 for Address Discrepancy 
Rule).
    Estimated Annual Burden Hours: 398,479 hours (358,124 hours for Red 
Flags Rule + 18,608 hours for Card Issuers Rule + 21,747 hours for 
Address Discrepancy Rule).
    Estimated Annual Labor Costs: $22,350,652 ($21,850,471 for Red 
Flags and Card Issuers Rule + $500,181 for Address Discrepancy Rule).
    Estimated Annual Non-Labor Costs: $0.

C. Request for Comment

    On August 22, 2024, the FTC sought public comment on the 
information collection requirements associated with the Rules. 89 FR 
67938 (Aug. 22, 2024). Two germane comments were received during the 
first public comment period and are addressed above. Pursuant to 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. For more details about the Rules' requirements and the basis for 
the calculations summarized above, see 89 FR 67938.
    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 ensuring 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 ``[t]rade secret or any commercial or 
financial information which is . . . privileged or confidential''--as 
provided 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)--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. 2025-00008 Filed 1-6-25; 8:45 am]
BILLING CODE 6750-01-P
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