Federal Register / Vol. 90, No. 29 / Thursday, February 13, 2025 / Notices 9549 

1See infra note 5. 

2Based 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 

Continued 

provide information or documents 

necessary for the Commission to 

monitor compliance. Provision XI states 

that the Proposed Order will remain in 

effect for 20 years, with certain 

exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

Proposed Order, and it is not intended 

to constitute an official interpretation of 

the complaint or Proposed Order, or to 

modify the Proposed Order’s terms in 

any way. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2025–02575 Filed 2–12–25; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Extension 

AGENCY: Federal Trade 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 seeks public 

comments on the agency’s shared 

enforcement with the Consumer 

Financial Protection Bureau (CFPB) of 

the information collection requirements 

in CFPB’s rule on Duties of Consumer 

Reporting Agencies Regarding 

Disclosures to Consumers (Rule). That 

clearance expires on April 30, 2025. 

DATES: Comments must be filed by April 

14, 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. Write ‘‘Regulation V, subpart N; 

PRA Comment, P085405,’’ 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. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Mehm, Attorney, Bureau of 

Consumer Protection, (202) 326–2918, 

rmehm@ftc.gov, Federal Trade 

Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

Title: Regulation V, Subpart N (12 

CFR 1022.130–1022.138). 

OMB Control Number: 3084–0128. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: The FTC shares enforcement 

authority with the CFPB for subpart N 

of Regulation V. Subpart N 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, it requires the nationwide 

consumer reporting agencies, as defined 

in section 603(p) of the Fair Credit 

Reporting Act (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 website, toll-free telephone 

number, and postal address. Subpart N 

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. It additionally requires 

nationwide specialty consumer 

reporting agencies, as defined in section 

603(w) of the 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 toll-free telephone 

number for consumers to make such 

requests. 

As required by section 3506(c)(2)(A) 

of the PRA, 44 U.S.C. 3506(c)(2)(A), the 

FTC is providing this opportunity for 

public comment before requesting that 

OMB extend the existing clearance for 

the information collection requirements 

contained in the Rule. 

Burden Statement 

Because the FTC shares enforcement 

authority with the CFPB for subpart N, 

the two agencies split between them the 

related estimate of PRA burden for firms 

under their co-enforcement jurisdiction. 

Estimated PRA burden, excluding the 

halving (to be shown at the conclusion 

of this analysis), are as follows: 

A. Requests per Year From Consumers 

for Free Annual File Disclosures 

When the FTC last sought clearance 

renewal for the Rule, we estimated 34 

million requests per year as a 

representative average to calculate PRA 

burden, and noted that the Commission 

was seeking more recent estimates of the 

number of requests consumers are 

making for free credit reports. Since that 

time, the Consumer Data Industry 

Association (‘‘CDIA’’) estimated that in 

2023 and 2024, the nationwide 

consumer reporting agencies provided 

on average approximately 17 million 

free annual file disclosures through the 

centralized internet website required to 

be established by the FACT Act and 

subpart N. Based on its knowledge of 

the industry, FTC staff projected that 

during this same time period of 2023 

and 2024 the consumer reporting 

agencies provided no more than 2 

million free annual file disclosures 

through the centralized toll-free 

telephone number and postal address 

required to be established by the FACT 

Act and subpart N. We expect that the 

number of requests for free annual 

credit reports will rise over the next 

three years because of increases in the 

population and consumer awareness 

that they are entitled to a free annual 

report. As a proxy, we are now 

estimating 21 million requests per year 

as a representative average year to 

estimate PRA burden for purposes of the 

instant analysis. 

The Commission seeks recent data on 

how these requests are being received— 

by internet, phone, or by mail. 

B. 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 websites. The annual file 

disclosure requests processed through 

the internet will impose a de minimis 

hourly burden in personnel costs per 

request on the nationwide and 

nationwide specialty consumer 

reporting agencies, except for those 

requests that are redirected to the mail 

process.1 However, consumer reporting 

agencies periodically will be required to 

adjust the internet capacity needed to 

handle the changing request volume. 

Consumer reporting agencies likely will 

make such adjustments by negotiating 

or renegotiating outsourcing service 

contracts annually or as conditions 

change. Trained personnel will need to 

spend time negotiating and 

renegotiating such contracts. 

Commission staff estimates that 

negotiating such contracts will require a 

cumulative total of 8,320 hours and 

$678,080 in labor costs.2 Such activity 


ddrumheller on DSK120RN23PROD with NOTICES1
9550 Federal Register / Vol. 90, No. 29 / Thursday, February 13, 2025 / Notices 

service contracts. Thus, staff estimates that 

administering the contract will require four FTE, 

which is 8,320 hours per year (four FTE × 2,080 

hours/year). The cost is based on the most current 

Bureau of Labor Statistics median hourly rate 

($81.50) for computer and information systems 

managers. See Occupational Employment Statistics 

(released on April 3, 2024), Occupational 

Employment and Wages—May 2023, Table 1, 

available at https://www.bls.gov/news.release/ 

ocwage.t01.htm. Thus, the estimated setup and 

maintenance cost for an internet system is $678,080 

per year (8,320 hours × $81.50/hour). 

3See infra note 5. 

4Staff estimates that recurring contracting for 

automated telephone capacity will require 

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

2,080 hours). Applying an hourly wage rate of 

$81.50 (see supra note 2), estimated setup and 

maintenance cost is $508,560 (6,240 × $81.50) per 

year. 

5This figure reflects five percent of all requests, 

net of the estimated one percent of all requests that 

might initially be made by mail. That is, 0.05 × 

(21,000,000¥210,000) = 1,039,500. 

6This figure includes both the estimated 1% of 

21 million requests that will be made by mail each 

year (210,000), and the estimated 1,039,500 requests 

initially made over the internet or telephone that 

will be redirected to the mail process (see supra 

note 5). 

7See Occupational Employment and Wages— 

May 2023, Table 1, available at https://

www.bls.gov/news.release/pdf/ocwage.pdf (Office 

and administrative support workers, all others). 8See supra notes 2 and 4. 9This consists of an estimated $3,569,000 for 

automated telephone cost ($1.49 per request × 

2,395,260 requests), an estimated $2,603,000 ($0.15 

per request × 17,355,240 requests) for internet web 

service cost, and an estimated $1,849,000 for 

printing and mailing costs ($1.48 per request × 

1,249,500 requests). Per unit cost estimates are 

based on staff’s knowledge of the industry. 

is treated as an annual burden of 

maintaining and adjusting the changing 

internet capacity requirements. 

C. Annual File Disclosures Requested 

Over the Telephone 

Most of the telephone requests for 

annual file disclosures will also be 

handled in an automated fashion, with 

de minimis personnel costs needed to 

process the requests except for those 

requests that are redirected to the mail 

process.3 As with the internet, 

consumer reporting agencies will 

require additional time and investment 

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 $508,560 in labor costs.4

This activity also is treated as an annual 

recurring burden necessary to obtain, 

maintain, and adjust automated call 

center capacity. 

D. Annual File Disclosures Requiring 

Processing by Mail 

Based on their knowledge of the 

industry, staff believes that no more 

than 1% of consumers (1% × 21 million, 

or 210,000) will request an annual file 

disclosure through U.S. postal service 

mail. Staff estimates that clerical 

personnel will require 10 minutes per 

request to handle these requests, thereby 

totaling 35,000 hours of time. [(210,000 

× 10 minutes)/60 minutes per hour = 

35,000 hours.] 

In addition, whenever the requesting 

consumer cannot be identified using an 

automated method (a website 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 1,039,500) 5 that were 

originally placed over the internet or 

telephone. Staff estimates that clerical 

personnel will require approximately 10 

minutes per request to input and 

process those redirected requests for a 

cumulative total of 173,250 clerical 

hours. [(1,039,500 × 10 minutes)/60 

minutes per hour = 173,250 hours.] 

E. Instructions to Consumers 

The Rule also requires that certain 

instructions be provided to consumers. 

See 12 CFR 1022.136(b)(2)(iv)(A) and 

(B), 1022.137(a)(2)(iii)(A) and (B). 

Minimal associated time or cost is 

involved, however. Internet instructions 

to consumers are embedded in the 

centralized source website and do not 

require additional time or cost for the 

nationwide consumer reporting 

agencies. Similarly, for telephone 

requests, the automated phone systems 

provide the requisite instructions when 

consumers select certain options. Some 

consumers who request their credit 

reports by mail might additionally 

request printed instructions from the 

nationwide and nationwide specialty 

consumer reporting agencies. Staff 

estimates that there will be a total of 

1,249,500 requests each year for free 

annual file disclosures by mail.6 Based 

on its knowledge of the industry, staff 

estimates that, of the predicted 

1,249,500 mail requests, 10% (or 

124,950) 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 20,825 hours. 

[(124,950 instructions × 10 minutes)/60 

minutes per hour.] 

F. Annual Labor Costs 

Labor costs are derived by applying 

median hourly cost figures to the 

burden hours described above. Staff 

anticipates that processing of requests 

for annual file disclosures and 

instructions will be performed by 

clerical personnel and estimates that the 

processing will require 229,075 hours at 

an annual cost of $4,760,179. [(35,000 

hours for handling initial mail requests 

+ 173,250 hours for handling requests 

redirected to mail + 20,825 hours for 

handling instructions mailed to 

consumers) × $20.78 per hour.7] 

As elaborated on above, staff 

estimates that a total of 14,560 labor 

hours will be needed to negotiate or 

renegotiate outsourced service contracts 

annually (or as conditions otherwise 

change) to increase internet (8,320 

hours) and telephone (6,240 hours) 

capacity requirements for internet web 

services and the automated telephone 

call center. This will result in 

approximately $1,186,640 per year in 

labor costs. [14,560 hours × $81.50 per 

hour.8] 

Thus, estimated cumulative annual 

labor costs are $5,946,819. 

G. Capital/Non-Labor Costs 

As in the previous PRA clearance 

analysis, FTC staff believes it is likely 

that 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 $8,021,000.9

H. Net Burden for FTC, After 50:50 Split 

After halving the updated estimates to 

split the PRA burden with the CFPB 

regarding the Rule, the FTC’s burden 

totals are 121,818 hours, $2,973,410 in 

associated labor costs, and $4,010,500 in 

capital/non-labor costs. 

Request for Comment 

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

the PRA, the FTC invites comments on: 

(1) whether the disclosure and 

recordkeeping 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 the 

collection of information. 

For the FTC to consider a comment, 

we must receive it on or before April 14, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 90, No. 29 / Thursday, February 13, 2025 / Notices 9551 

2025. 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. 

You can file a comment online or on 

paper. Due to 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 ‘‘Regulation V, subpart N; PRA 

Comment, P085405,’’ on your comment 

and on the envelope, and mail it to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex J), Washington, DC 

20580. 

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 (1) be filed in paper 

form, (2) be clearly labeled 

‘‘Confidential,’’ and (3) 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 

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 publicly 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 April 14, 2025. 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. 2025–02571 Filed 2–12–25; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Substance Abuse and Mental Health 

Services Administration 

Current List of HHS-Certified 

Laboratories and Instrumented Initial 

Testing Facilities Which Meet Minimum 

Standards To Engage in Urine and Oral 

Fluid Drug Testing for Federal 

Agencies 

AGENCY: Substance Abuse and Mental 

Health Services Administration, HHS. 

ACTION: Notice. 

SUMMARY: The Department of Health and 

Human Services (HHS) notifies Federal 

agencies of the laboratories and 

Instrumented Initial Testing Facilities 

(IITFs) currently certified to meet the 

standards of the Mandatory Guidelines 

for Federal Workplace Drug Testing 

Programs (Mandatory Guidelines) using 

Urine and the laboratories currently 

certified to meet the standards of the 

Mandatory Guidelines using Oral Fluid. 

FOR FURTHER INFORMATION CONTACT: 

Anastasia Flanagan, Division of 

Workplace Programs, SAMHSA/CSAP, 

5600 Fishers Lane, Room 16N06B, 

Rockville, Maryland 20857; 240–276– 

2600 (voice); Anastasia.Flanagan@

samhsa.hhs.gov (email). 

SUPPLEMENTARY INFORMATION: The 

Department of Health and Human 

Services (HHS) publishes a notice 

listing all HHS-certified laboratories and 

Instrumented Initial Testing Facilities 

(IITFs) in the Federal Register during 

the first week of each month, in 

accordance with section 9.19 of the 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs 

(Mandatory Guidelines) using Urine and 

section 9.17 of the Mandatory 

Guidelines using Oral Fluid. If any 

laboratory or IITF certification is 

suspended or revoked, the laboratory or 

IITF will be omitted from subsequent 

lists until such time as it is restored to 

full certification under the Mandatory 

Guidelines. 

If any laboratory or IITF has 

withdrawn from the HHS National 

Laboratory Certification Program (NLCP) 

during the past month, it will be listed 

at the end and will be omitted from the 

monthly listing thereafter. 

This notice is also available on the 

internet at https://www.samhsa.gov/ 

workplace/drug-testing-resources/ 

certified-lab-list. 

HHS separately notifies Federal 

agencies of the laboratories and IITFs 

currently certified to meet the standards 

of the Mandatory Guidelines using 

Urine and of the laboratories currently 

certified to meet the standards of the 

Mandatory Guidelines using Oral Fluid. 

The Mandatory Guidelines using 

Urine were first published in the 

Federal Register on April 11, 1988 (53 

FR 11970), and subsequently revised in 

the Federal Register on June 9, 1994 (59 

FR 29908); September 30, 1997 (62 FR 

51118); April 13, 2004 (69 FR 19644); 

November 25, 2008 (73 FR 71858); 

December 10, 2008 (73 FR 75122); April 

30, 2010 (75 FR 22809); January 23, 

2017 (82 FR 7920); and on October 12, 

2023 (88 FR 70768). 

The Mandatory Guidelines using Oral 

Fluid were first published in the 

Federal Register on October 25, 2019 

(84 FR 57554) with an effective date of 

January 1, 2020, and subsequently 

revised in the Federal Register on 

October 12, 2023 (88 FR 70814). 

The Mandatory Guidelines were 

initially developed in accordance with 

Executive Order 12564 and section 503 

of Public Law 100–71 and allowed urine 

drug testing only. The Mandatory 

Guidelines using Urine have since been 

revised, and new Mandatory Guidelines 

allowing for oral fluid drug testing have 

been published. The Mandatory 

Guidelines require strict standards that 

laboratories and IITFs must meet in 

order to conduct drug and specimen 

validity tests on specimens for Federal 

agencies. HHS does not allow IITFs to 

conduct oral fluid testing. 

To become certified, an applicant 

laboratory or IITF must undergo three 

rounds of performance testing plus an 

on-site inspection. To maintain that 

certification, a laboratory or IITF must 

participate in a quarterly performance 


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