34754 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

1Public Law 108–159 (December 4, 2003). 

2Section 114 required the guidelines and 

regulations to be issued jointly by the Federal 

banking agencies (OCC, Board of Governors of the 

Federal Reserve System, and Federal Deposit 

Insurance Corporation), the National Credit Union 

Administration, and the Federal Trade Commission. 

Therefore, for purposes of this filing, ‘‘Agencies’’ 

refers to these entities. Note that Section 1088(a)(8) 

of the Dodd-Frank Act further amended section 615 

of FCRA to also require the Securities and Exchange 

Commission and the Commodity Futures Trading 

Commission to issue Red Flags guidelines and 

regulations. 

3See 15 U.S.C. 1681m(e). 

4These regulations have been transferred to the 

Bureau of Consumer Financial Protection (CFPB). 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Information Collection 

Renewal; Submission for OMB Review; 

Identity Theft Red Flags and Address 

Discrepancies Under the Fair and 

Accurate Credit Transactions Act of 

2003 

AGENCY: Office of the Comptroller of the 

Currency, Treasury (OCC). 

ACTION: Notice and request for 

comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection as required by the Paperwork 

Reduction Act of 1995 (PRA). An agency 

may not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid OMB control 

number. The OCC is soliciting comment 

concerning the renewal of its 

information collection titled, ‘‘Identity 

Theft Red Flags and Address 

Discrepancies under the Fair and 

Accurate Credit Transactions Act of 

2003.’’ The OCC also is giving notice 

that it has sent the collection to OMB for 

review. 

DATES: Comments must be received by 

July 7, 2022. 

ADDRESSES: Commenters are encouraged 

to submit comments by email, if 

possible. You may submit comments by 

any of the following methods: 

• Email: prainfo@occ.treas.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, 1557– 

0237, Office of the Comptroller of the 

Currency, 400 7th Street SW, Suite 3E– 

218, Washington, DC 20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

• Fax: (571) 465–4326. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘1557– 

0237’’ in your comment. In general, the 

OCC will publish comments on 

www.reginfo.gov without change, 

including any business or personal 

information provided, such as name and 

address information, email addresses, or 

phone numbers. Comments received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. Do not include any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

Written comments and 

recommendations for the proposed 

information collection should also 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. 

On March 29, 2022, the OCC 

published a 60-day notice for this 

information collection, 87 FR 18071. 

You may review comments and other 

related materials that pertain to this 

information collection following the 

close of the 30-day comment period for 

this notice by the method set forth in 

the next bullet. 

• Viewing Comments Electronically: 

Go to www.reginfo.gov. Hover over the 

‘‘Information Collection Review’’ tab 

and click on ‘‘Information Collection 

Review’’ from the drop-down menu. 

From the ‘‘Currently under Review’’ 

drop-down menu, select ‘‘Department of 

Treasury’’ and then click ‘‘submit.’’ This 

information collection can be located by 

searching by OMB control number 

‘‘1557–0237’’ or ‘‘Identity Theft Red 

Flags and Address Discrepancies under 

the Fair and Accurate Credit 

Transactions Act of 2003.’’ Upon 

finding the appropriate information 

collection, click on the related ‘‘ICR 

Reference Number.’’ On the next screen, 

select ‘‘View Supporting Statement and 

Other Documents’’ and then click on the 

link to any comment listed at the bottom 

of the screen. 

• For assistance in navigating 

www.reginfo.gov, please contact the 

Regulatory Information Service Center 

at (202) 482–7340. 

FOR FURTHER INFORMATION CONTACT: 

Shaquita Merritt, Clearance Officer, 

(202) 649–5490, Chief Counsel’s Office, 

Office of the Comptroller of the 

Currency, 400 7th Street SW, 

Washington, DC 20219. If you are deaf, 

hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501–3520), Federal 

agencies must obtain approval from 

OMB for each collection of information 

they conduct or sponsor. ‘‘Collection of 

information’’ is defined in 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c) to include 

agency requests and requirements that 

members of the public submit reports, 

keep records, or provide information to 

a third party. The OCC asks that OMB 

extend its approval of the collection in 

this notice. 

Title: Identity Theft Red Flags and 

Address Discrepancies under the Fair 

and Accurate Credit Transactions Act of 

2003. 

OMB Control No.: 1557–0237. 

Description: Section 114 of the Fair 

and Accurate Credit Transactions Act of 

2003 (FACT Act) 1 amended section 615 

of the Fair Credit Reporting Act (FCRA) 

to require the Agencies 2 to issue jointly: 

• Guidelines for financial institutions 

and creditors regarding identity theft 

with respect to their account holders 

and customers; (in developing the 

guidelines, the Agencies are required to 

identify patterns, practices, and specific 

forms of activity that indicate the 

possible existence of identity theft. The 

guidelines must be updated as often as 

necessary and must be consistent with 

the policies and procedures required 

under section 326 of the USA PATRIOT 

Act, (31 U.S.C. 5318(l)); 

• Regulations that require each 

financial institution and each creditor to 

establish reasonable policies and 

procedures for implementing the 

guidelines in order to identify possible 

risks to account holders or customers or 

to the safety and soundness of the 

institution or creditor; and 

• Regulations generally requiring 

credit and debit card issuers to assess 

the validity of change of address 

requests under certain circumstances.3

Section 315 of the FACT Act also 

amended section 605 of FCRA to require 

the Agencies 4 to issue regulations 

providing guidance regarding what 

reasonable policies and procedures a 

user of consumer reports must have in 

place and employ when a user receives 

a notice of address discrepancy from a 

consumer reporting agency (CRA). 

These regulations are required to 

describe reasonable policies and 

procedures for users of consumer 

reports to: 

• Enable a user to form a reasonable 

belief that it knows the identity of the 

person for whom it has obtained a 

consumer report; and 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34755 

5See 15 U.S.C. 1681c(h)(2). 

6Title X of the Dodd-Frank Wall Street Reform 

and Consumer Protection Act transferred this 

regulation to the Consumer Financial Protection 

Bureau. The OCC retains enforcement authority for 

this regulation for institutions with $10 billion or 

less in total assets. 

• Reconcile the address of the 

consumer with the CRA if the user 

establishes a continuing relationship 

with the consumer and regularly and, in 

the ordinary course of business, 

furnishes information to the CRA.5

As required by section 114 of the 

FACT Act, appendix J to 12 CFR part 41 

contains guidelines for financial 

institutions and creditors to use in 

identifying patterns, practices, and 

specific forms of activity that may 

indicate the existence of identity theft. 

In addition, 12 CFR 41.90 requires each 

financial institution or creditor that is a 

national bank, Federal savings 

association, Federal branch or agency of 

a foreign bank, and any of their 

operating subsidiaries that are not 

functionally regulated, to establish an 

Identity Theft Prevention Program 

(Program) designed to detect, prevent, 

and mitigate identity theft in connection 

with accounts. Pursuant to § 41.91, 

credit card and debit card issuers must 

implement reasonable policies and 

procedures to assess the validity of a 

request for a change of address under 

certain circumstances. 

Section 41.90 requires each OCCregulated financial institution or 

creditor that offers or maintains one or 

more covered accounts to develop and 

implement a Program. In developing a 

Program, financial institutions and 

creditors are required to consider the 

guidelines in appendix J and include 

the suggested provisions, as appropriate. 

The initial Program must be approved 

by the institution’s board of directors or 

by an appropriate committee thereof. 

The board, an appropriate committee 

thereof, or a designated employee at the 

level of senior management must be 

involved in the oversight of the 

Program. In addition, staff members 

must be trained to carry out the 

Program. Pursuant to § 41.91, each 

credit and debit card issuer is required 

to establish and implement policies and 

procedures to assess the validity of a 

change of address request if it is 

followed by a request for an additional 

or replacement card. Before issuing the 

additional or replacement card, the card 

issuer must notify the cardholder of the 

request and provide the cardholder a 

reasonable means to report incorrect 

address changes or use another means to 

assess the validity of the change of 

address. 

As required by section 315 of the 

FACT Act, 12 CFR 1022.82 6 requires 

users of consumer reports to have in 

place reasonable policies and 

procedures that must be followed when 

a user receives a notice of address 

discrepancy from a CRA. 

Section 1022.82 requires each user of 

consumer reports to develop and 

implement reasonable policies and 

procedures designed to enable the user 

to form a reasonable belief that a 

consumer report relates to the consumer 

about whom it requested the report 

when it receives a notice of address 

discrepancy from a CRA. A user of 

consumer reports also must develop and 

implement reasonable policies and 

procedures for furnishing a customer 

address that the user has reasonably 

confirmed to be accurate to the CRA 

from which it receives a notice of 

address discrepancy when the user can: 

(1) form a reasonable belief that the 

consumer report relates to the consumer 

about whom the user has requested the 

report; (2) establish a continuing 

relationship with the consumer; and (3) 

establish that it regularly and in the 

ordinary course of business furnishes 

information to the CRA from which it 

received the notice of address 

discrepancy. 

Type of Review: Regular. 

Affected Public: Individuals; 

Businesses or other for-profit. 

Estimated Number of Respondents: 

1,172. 

Estimated Total Annual Burden: 

130,342 hours. 

On March 29, 2022, the OCC issued 

a notice for 60 days of comment 

concerning this collection, 87 FR 18071. 

No comments were received. Comments 

continue to be invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

OCC, including whether the information 

has practical utility; (b) The accuracy of 

the OCC’s estimate of the burden of the 

collection of information; (c) Ways to 

enhance the quality, utility, and clarity 

of the information to be collected; (d) 

Ways to minimize the burden of the 

collection on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) Estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Theodore J. Dowd, 

Deputy Chief Counsel, Office of the 

Comptroller of the Currency. 

[FR Doc. 2022–12201 Filed 6–6–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Information Collection 

Renewal; Submission for OMB Review; 

Consumer Protections for Depository 

Institution Sales of Insurance 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection as required by the Paperwork 

Reduction Act of 1995 (PRA). In 

accordance with the requirements of the 

PRA, the OCC may not conduct or 

sponsor, and respondents are not 

required to respond to, an information 

collection unless it displays a currently 

valid Office of Management and Budget 

(OMB) control number. The OCC is 

soliciting comment concerning renewal 

of its information collection titled 

‘‘Consumer Protections for Depository 

Institution Sales of Insurance.’’ The 

OCC also is giving notice that it has sent 

the collection to OMB for review. 

DATES: Comments must be received by 

July 7, 2022. 

ADDRESSES: Commenters are encouraged 

to submit comments by email, if 

possible. You may submit comments by 

any of the following methods: 

• Email: prainfo@occ.treas.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, 1557– 

0220, Office of the Comptroller of the 

Currency, 400 7th Street SW, Suite 3E– 

218, Washington, DC 20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

• Fax: (571) 465–4326. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘1557– 

0220’’ in your comment. In general, the 

OCC will publish comments on 

www.reginfo.gov without change, 

including any business or personal 

information provided, such as name and 

address information, email addresses, or 

phone numbers. Comments received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. Do not include any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 


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