Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations 51819 

20Table of Small Bus. Size Standards Matched to 

North American Indus. Classification System 

Codes, 13 CFR 121.201 (available at: https://

www.sba.gov/document/support--table-sizestandards), updated Aug. 19, 2019. For example, 

used car dealers are classified as NAICS 441120 and 

new car dealers as NAICS 441110. Under those 

standards, the SBA would classify as small 

businesses independent used car dealers having 

annual receipts of less than $27 million and new 

car dealers having fewer than 200 employees each. 1 15 U.S.C. 1681s–2. 

2 74 FR 31484. 

3 16 CFR 660.3. 

4 16 CFR 660.4. 

5Public Law 111–203 (2010). 

6 15 U.S.C. 1681 et seq. The Dodd-Frank Act does 

not transfer to the CFPB rulemaking authority for 

section 615(e) of the FCRA (‘‘Red Flag Guidelines 

and Regulations Required’’) and section 628 of the 

FCRA (‘‘Disposal of Records’’). See 15 U.S.C. 

1681s(e). 

7 77 FR 22200 (April 13, 2012); 12 U.S.C. 5519. 

8 15 U.S.C. 5519. 

9 77 FR 22200. 

10 Id. 

B. Significant Issues Raised in Public 

Comments in Response to the IRFA 

The Commission did not receive any 

comments that addressed the burden on 

small entities. In addition, the 

Commission did not receive any 

comments filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration (‘‘SBA’’). 

C. Estimate of Number of Small Entities 

to Which the Final Rule Will Apply 

The Commission anticipates many 

covered motor vehicle dealers may 

qualify as small businesses according to 

the applicable SBA size standards.20 As 

explained in the IRFA, however, 

determining a precise estimate of the 

number of small entities is not readily 

feasible. No commenters addressed this 

issue. Nonetheless, as discussed above, 

these amendments do not add any 

additional burdens on any covered 

small businesses. 

D. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements, 

Including Classes of Covered Small 

Entities and Professional Skills Needed 

To Comply 

The amendments do not impose any 

new reporting, recordkeeping, or other 

compliance requirements. 

E. Description of Steps Taken To 

Minimize Significant Economic Impact, 

if Any, on Small Entities, Including 

Alternatives 

The Commission did not propose any 

specific small entity exemption or other 

significant alternatives because the 

amendments will not increase reporting 

requirements and will not impose any 

new requirements or compliance costs. 

VI. Other Matters 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

Final Rule Language 

List of Subjects in 16 CFR Part 641 

Consumer protection, Credit, Trade 

Practices 

For the reasons stated above, the 

Federal Trade Commission amends part 

641 of title 16 of the Code of Federal 

Regulations as follows: 

■ 1. Revise the authority section for part 

641 to read as follows: 

Authority: Pub. L. 108–159, sec. 315; 15 

U.S.C. 1681c(h); 12 U.S.C. 5519(d). 

■ 2. In § 641.1, revise paragraph (a) to 

read as follows: 

§ 641.1 Duties of users of consumer 

reports regarding address discrepancies. 

(a) Scope. This section applies to 

users of consumer reports that are motor 

vehicle dealers excluded from 

Consumer Financial Protection Bureau 

jurisdiction as described in 12 U.S.C. 

5519. 

* * * * * 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2021–19918 Filed 9–16–21; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 660 

RIN 3084–AB63 

Duties of Furnishers of Information to 

Consumer Reporting Agencies Rule 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is issuing a final rule (‘‘Final Rule’’) to 

amend the Duties of Furnishers of 

Information to Consumer Reporting 

Agencies Rule (‘‘Furnisher Rule’’) to 

correspond to changes made to the Fair 

Credit Reporting Act (‘‘FCRA’’) by the 

Dodd-Frank Act. 

DATES: The rule is effective October 18, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

David Lincicum (202–326–2773), 

Division of Privacy and Identity 

Protection, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Avenue NW, 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Furnisher Rule 

The Fair and Accurate Credit 

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

was signed into law on December 4, 

2003. Public Law 108–159, 117 Stat. 

1952. Section 312 of the FACT Act 

amended section 623 1 of the FCRA by 

requiring the FTC, with other agencies, 

to issue guidelines for use by furnishers 

regarding the accuracy and integrity of 

the information about consumers that 

they furnish to consumer reporting 

agencies (‘‘CRAs’’) and to prescribe 

regulations requiring furnishers to 

establish reasonable policies and 

procedures for implementing the 

guidelines. Section 312 also required 

the Commission and the other agencies 

to issue regulations identifying the 

circumstances under which a furnisher 

must reinvestigate direct consumer 

disputes concerning the accuracy of 

information provided by the furnisher to 

a CRA. On July 1, 2009, the Commission 

issued the Furnisher Rule and the 

accompanying guidelines that took 

effect on July 1, 2010.2

The Rule requires furnishers to 

establish and implement reasonable 

written policies and procedures 

regarding the accuracy and integrity of 

the information relating to consumers 

that they furnish to a CRA.3 The Rule 

also requires that furnishers respond to 

direct disputes from consumers.4

B. Dodd-Frank Act 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act (‘‘DoddFrank Act’’) was signed into law in 

2010.5 The Dodd-Frank Act 

substantially changed the federal legal 

framework for financial services 

providers. Among the changes, the 

Dodd-Frank Act transferred to the 

Consumer Financial Protection Bureau 

(‘‘CFPB’’) the Commission’s rulemaking 

authority under portions of the FCRA.6

Accordingly, in 2012, the Commission 

rescinded several of its FCRA rules, 

which had been replaced by rules 

issued by the CFPB.7 The FTC retained 

rulemaking authority for other rules to 

the extent the rules apply to motor 

vehicle dealers described in section 

1029(a) of the Dodd-Frank Act 8

predominantly engaged in the sale and 

servicing of motor vehicles, the leasing 

and servicing of motor vehicles, or both 

(‘‘motor vehicle dealers’’).9 The retained 

rules include the Furnisher Rule, which 

now applies only to motor vehicle 

dealers.10 Furnishers originally covered 

51820 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations 

11 12 CFR 1022.40–43. 

12See, e.g., FTC v. Midwest Recovery Systems, 

LLC, Case No. 4:20–cv–01674 (E.D. Mo. November 

25, 2020); United States v. Credit Protection 

Association, LP, Case No. 3:16–cv–01255–D (N.D. 

Tex. May 9, 2016); United States v. Consumer 

Portfolio Services, Inc., Case No. SACV14–00819 

(C.D. Cal. May 28, 2014); United States v. Telecheck 

Services, Inc., Case No. 1:14–cv–00062 (D.D.C. 

January 16, 2014). 

13East Bay Community Law Center (Comment 3), 

available at www.regulations.gov/comment/FTC2020-0072-0003. The Commission received two 

comments concerning consumer reporting agency 

activities unrelated to the Furnisher Rule. The 

comments are available at www.regulations.gov/ 

document/FTC-2020-0068-0001/comment. 

14 15 U.S.C. 1681s(e)(1); 12 U.S.C. 5519. 

15 12 U.S.C. 5519. 

16 77 FR 22200 (April 13, 2012). 

17 5 U.S.C. 603–605. 18 85 FR 61659, 61661 (Sept. 30, 2020). 

by the Furnisher Rule that are not motor 

vehicle dealers are covered by the 

CFPB’s rule.11 The Commission 

continues to have authority to enforce 

the CFPB’s rule and has brought several 

actions alleging violations of the rule.12

II. Regulatory Review of the Furnisher 

Rule 

On September 30, 2020, the 

Commission solicited comments on the 

Furnisher Rule as part of its periodic 

review of its rules and guides. The 

Commission sought information about 

the costs and benefits of the Rule, and 

its regulatory and economic impact. In 

addition, the Commission proposed 

amending sections 660.1 and 660.2 to 

narrow the scope of the Furnisher Rule 

to motor vehicle dealers excluded from 

CFPB jurisdiction as described in the 

Dodd-Frank Act. The Commission 

received one comment stating that the 

Furnisher Rule assists millions of 

consumers to discover inaccuracies in 

their consumer reports and emphasizing 

the need for continued enforcement of 

the Rule.13 The Commission agrees with 

this commenter. 

III. Overview of Final Rule 

The Commission adopted the 

Furnisher Rule at a time when it had 

rulemaking authority for a broader 

group of consumer report users. While 

the Dodd-Frank Act did not change the 

Commission’s enforcement authority for 

the Furnisher Rule, it did narrow the 

Commission’s rulemaking authority 

with respect to the Rule. It now covers 

only motor vehicle dealers.14 The 

amendments in the Dodd-Frank Act 

necessitate technical revisions to the 

Furnisher Rule to ensure the regulation 

is consistent with the text of the 

amended FCRA. Accordingly, the 

Commission amends the Furnisher Rule 

to properly reflect the Rule’s scope. 

The amendment to section 660.1 

narrows the scope of the Furnisher Rule 

to ‘‘motor vehicle dealers,’’ as defined in 

amended section 660.2. 

The amendment to section 660.2 adds 

a definition of ‘‘motor vehicle dealer’’ 

that defines motor vehicle dealers as 

those entities excluded from CFPB 

jurisdiction as described in the DoddFrank Act.15 The amendments also 

change the definition of ‘‘identity theft’’ 

by replacing the Rule’s reference to 16 

CFR 603.2(a), a provision of an FTC rule 

that has since been rescinded,16 with a 

reference to 12 CFR 1022.3(h), the 

equivalent provision in the CFPB’s rule. 

The amendments make no other 

substantive changes to the Rule. 

IV. Paperwork Reduction Act 

The Furnisher Rule contains 

information collection requirements as 

defined by 5 CFR 1320.3(c), the 

definitional provision within the Office 

of Management and Budget (‘‘OMB’’) 

regulations that implement the 

Paperwork Reduction Act (‘‘PRA’’). 44 

U.S.C. 3501 et seq. OMB has approved 

the Rule’s existing information 

collection requirements through July 31, 

2022 (OMB Control No. 3084–0144). 

Under the existing clearance, the FTC 

has attributed to itself the estimated 

burden regarding all motor vehicle 

dealers and then shares equally the 

remaining estimated PRA burden with 

the CFPB for other persons for which 

both agencies have enforcement 

authority regarding the Furnisher Rule. 

The Final Rule amends 16 CFR part 

660. The amendments do not modify or 

add to information collection 

requirements previously approved by 

OMB. The amendments narrow the 

scope to motor vehicle dealers. The 

Rule’s OMB clearance already reflects 

that change. Therefore, the Commission 

does not believe the amendments 

substantially or materially modify any 

‘‘collections of information’’ as defined 

by the PRA. 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, requires an agency 

to either provide an Initial Regulatory 

Flexibility Analysis (‘‘IRFA’’) with a 

proposed rule, or certify that the 

proposed rule will not have a significant 

impact on a substantial number of small 

entities.17 The Commission published 

an Initial Regulatory Flexibility 

Analysis in order to inquire into the 

impact of the proposed Rule on small 

entities.18 The Commission received no 

responsive comments. 

The Commission does not believe 

these amendments have the threshold 

impact on small entities. The 

amendments effectuate changes to the 

Dodd-Frank Act and will not impose 

costs on small motor vehicle dealers 

because the amendments are for 

clarification purposes and will not 

result in any increased burden on any 

motor vehicle dealer. Thus, a small 

entity that complies with current law 

need not take any different or additional 

action under the Final Rule. Therefore, 

the Commission certifies that amending 

the Furnisher Rule will not have a 

significant economic impact on a 

substantial number of small businesses. 

Although the Commission certifies 

under the RFA the Final Rule will not 

have a significant impact on a 

substantial number of small entities, 

and hereby provides notice of that 

certification to the Small Business 

Administration, the Commission 

nonetheless has determined that 

publishing a final regulatory flexibility 

analysis (‘‘FRFA’’) is appropriate to 

ensure the impact of the rule is fully 

addressed. Therefore, the Commission 

has prepared the following analysis: 

A. Need for and Objectives of the Final 

Rule 

To address the Dodd-Frank Act’s 

changes to the Commission’s 

rulemaking authority, the amendments 

clarify that the Rule applies only to 

motor vehicle dealers. 

B. Significant Issues Raised in Public 

Comments in Response to the IRFA 

The Commission did not receive any 

comments that addressed the burden on 

small entities. In addition, the 

Commission did not receive any 

comments filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration (‘‘SBA’’). 

C. Estimate of Number of Small Entities 

to Which the Final Rule Will Apply 

The Commission anticipates many 

covered motor vehicle dealers may 

qualify as small businesses according to 

the applicable SBA size standards. As 

explained in the IRFA, however, 

determining a precise estimate of the 

number of small entities is not readily 

feasible. No commenters addressed this 

issue. Nonetheless, as discussed above, 

these amendments do not add any 

additional burdens on any covered 

small businesses. 

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations 51821 

1 21 CFR 1301.21(a)(1). 

2 21 CFR 1301.21(a)(2). 

3 21 CFR 1301.23(a). 

4 21 CFR 1301.23(b). 5 10 U.S.C. 9081. 

D. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements, 

Including Classes of Covered Small 

Entities and Professional Skills Needed 

To Comply 

The amendments impose no new 

reporting, recordkeeping, or other 

compliance requirements. 

E. Description of Steps Taken To 

Minimize Significant Economic Impact, 

if Any, on Small Entities, Including 

Alternatives 

The Commission did not propose any 

specific small entity exemption or other 

significant alternatives because the 

amendments will not increase reporting 

requirements and will not impose any 

new requirements or compliance costs. 

VI. Other Matters 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 16 CFR Part 660 

Consumer protection, Credit, Trade 

practices. 

For the reasons stated above, the 

Federal Trade Commission amends part 

660 of title 16 of the Code of Federal 

Regulations as follows: 

■ 1. Revise the authority section for part 

660 to read as follows: 

Authority: Pub. L. 108–159, sec. 311; 15 

U.S.C. 1681s–2; 12 U.S.C. 5519(d). 

■ 2. Revise § 660.1 to read as follows: 

§ 660.1 Scope. 

This part applies to furnishers of 

information to consumer reporting 

agencies that are motor vehicle dealers 

as defined by § 660.2 of this part 

(referred to as ‘‘furnishers’’). 

■ 3. In § 660.2, revise paragraph (d) and 

add paragraph (f) to read as follows: 

§ 660.2 Definitions. 

* * * * * 

(d) Identity theft has the same 

meaning as in 12 CFR 1022.3(h). 

* * * * * 

(f) Motor vehicle dealer means any 

person excluded from Consumer 

Financial Protection Bureau jurisdiction 

as described in 12 U.S.C. 5519. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2021–19910 Filed 9–16–21; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1301 

[Docket No. DEA–749] 

RIN 1117–AB70 

Addition of the United States Space 

Force as a Registration Waiver and 

Registration Fee Exempt Military Entity 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

existing regulations to include the 

United States Space Force as a 

registration waiver and registration fee 

exempt military entity. 

DATES: This rule is effective September 

17, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Scott A. Brinks, Regulatory Drafting and 

Policy Support Section, Diversion 

Control Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (571) 362–3261. 

SUPPLEMENTARY INFORMATION: 

Technical Amendment 

Current Drug Enforcement 

Administration (DEA) regulations 

exempt registration fees and waive 

certain registration requirements for 

listed military entities: The U.S. Army, 

Navy, Marine Corps, Air Force, and 

Coast Guard. Any hospital or other 

institution operated by one of these 

entities,1 and any individual 

practitioners required to obtain a 

registration in order to carry out their 

duties as officials of an agency of the 

United States (including the U.S. Army, 

Navy, Marine, Corps, Air Force, and 

Coast Guard), is exempt from payment 

of an application fee for registration or 

reregistration.2 In addition, current DEA 

regulations waive the requirement of 

registration for officials of the U.S. 

Army, Navy, Marine Corps, Air Force, 

or Coast Guard who are authorized to 

prescribe, dispense, or administer, but 

not to procure or purchase, controlled 

substances in the course of their duties.3

Finally, current DEA regulations waive 

the requirement of registration for any 

official or agency of the U.S. Army, 

Navy, Marine Corps, Air Force, or Coast 

Guard authorized to import or export 

controlled substances in the course of 

their duties.4

The United States Space Force 

(USSF)—formerly known as the Air 

Force Space Command (AFSC)—was 

established as an independent military 

branch on December 20, 2019,5 by the 

United States Space Force Act. This rule 

therefore revises 21 CFR 1301.21 and 

1301.23 to include USSF in the list of 

military entities exempt from paying 

DEA registration fees. Because the AFSC 

was fee exempt under existing DEA 

regulations as part of the Air Force, the 

DEA is issuing this final rule to provide 

clarity by adding ‘‘Space Force’’ to 21 

CFR 1301.21 (‘‘Exemption from fees’’) 

and 21 CFR 1301.23 (‘‘Exemption of 

certain military and other personnel’’). 

Regulatory Analyses 

Administrative Procedure Act 

The Administrative Procedure Act 

(APA) (5 U.S.C. 553) does not require 

notice and the opportunity for public 

comment where the agency for good 

cause finds that notice and public 

comment are unnecessary, 

impracticable, or contrary to the public 

interest under 5 U.S.C. 553(b)(B). This 

rule contains a technical amendment; it 

imposes no new or substantive 

requirement on the public or DEA 

registrants. As such, DEA has 

determined that notice and the 

opportunity for public comment on this 

rule are unnecessary. Because this is not 

a substantive rule, and as DEA finds 

good cause under 5 U.S.C. 553(d)(3) for 

the above reason, this final rule will 

take effect upon date of publication in 

the Federal Register. 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 

This final rule was developed in 

accordance with the principles of 

Executive Orders (E.O.) 12866 and 

13563. E.O. 12866 directs agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects; distributive impacts; and 

equity). E.O. 13563 is supplemental to, 

and reaffirms, the principles, structures, 

and definitions governing regulatory 

review as established in E.O. 12866. The 

Office of Information and Regulatory 

Affairs has deemed this type of 

technical amendment not significant 

under E.O. 12866.