Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Proposed Rules 52655 

1 15 U.S.C. 1681g(c). Under section 609(a) of the 

FCRA, 15 U.S.C. 1681g(a), CRAs are required to 

disclose to consumers the information in their files 

upon request. CRAs generally refer to these 

disclosures as ‘‘file disclosures’’ and provide them 

in a different format than the consumer reports they 

provide to third parties. For purposes of this notice, 

the term ‘‘consumer report’’ includes a ‘‘file 

disclosure’’ from a CRA to a consumer. 

2 15 U.S.C. 1681e(d). 

3 62 FR 35586 (1997). 

4 69 FR 69776 (2004). 

5Pub. L. 108-159, 117 Stat. 1952 (2003). 

established for the safety and 

management of IFR operations. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part, 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would establish Class E airspace at 

Bamberg County Airport, Bamberg, SC. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

ROUTES; AND REPORTING POINTS 

1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, effective 

September 15, 2009, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO SC E5 Bamberg, SC [NEW] 

Bamberg County Airport, SC 

(Lat. 33°18′16′′ N., long. 81°06′30′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Bamberg County Airport. 

Issued in College Park, Georgia, on August 

12, 2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–21215 Filed 8–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 698 

RIN 3084-AA94 

Summary of Rights and Notices of 

Duties Under the Fair Credit Reporting 

Act 

AGENCY: Federal Trade Commission 

ACTION: Proposed rule; request for 

comment. 

SUMMARY: Pursuant to its 

responsibilities under the Fair Credit 

Reporting Act, the Federal Trade 

Commission (Commission or FTC) is 

publishing for public comment revised 

versions of three documents: a summary 

of consumer rights, a notice of 

responsibilities for persons that furnish 

information to consumer reporting 

agencies, and a notice of responsibilities 

for persons that obtain consumer reports 

from consumer reporting agencies. The 

Commission is proposing the current 

revisions to incorporate changes in 

rights and obligations created by several 

new rules issued pursuant to the Fair 

and Accurate Credit Transactions Act of 

2003. The Commission is also proposing 

revisions to improve the clarity and 

usefulness of the documents for 

consumers, furnishers, and users. 

DATES: Comments must be received on 

or before September 21, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form by 

following the instructions in the 

SUPPLEMENTARY INFORMATION section 

below. Comments in electronic form 

should be submitted by using the 

following weblink: (https:// 

ftcpublic.commentworks.com/ftc/ 

fcrarevisednotices) (and following the 

instructions on the web-based form). 

Comments filed in paper form should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room H-135 

(Annex M), 600 Pennsylvania Avenue, 

NW, Washington, D.C. 20580, in the 

manner detailed in the SUPPLEMENTARY

INFORMATION section below. 

FOR FURTHER INFORMATION CONTACT: 

Pavneet Singh, Attorney, Division of 

Privacy and Identity Protection, Bureau 

of Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue, 

NW, Washington, DC 20580, (202) 326- 

2252. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under section 609(c) of the Fair Credit 

Reporting Act (FCRA), consumer 

reporting agencies (CRAs) are required 

to include a summary of consumer 

rights with every consumer report they 

provide to consumers.1 The 

Commission is required to provide a 

model summary of rights (Summary of 

Rights) to be used for this purpose. In 

addition, section 607(d)(2) of the FCRA 

requires the Commission to prescribe 

the content of notices that CRAs must 

provide to those who furnish 

information to them (Furnisher Notice) 

and to those who obtain consumer 

reports from them (User Notice).2

The Commission originally issued 

these three documents in 1997.3 It 

issued revised versions in 20044 to 

reflect changes made to the FCRA by the 

Fair and Accurate Credit Transactions 

Act of 2003 (FACT Act).5 Since then, 

the Commission and other financial 

regulators have finalized new rules 

under the FACT Act. The Commission 

is now proposing a newly revised 

Summary of Rights, User Notice, and 

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6At this time, the Commission is not issuing a 

revised version of the identity theft rights summary 

required by section 609(d) of the FCRA. The 

Commission is currently undertaking a survey of 

identity theft victims who contacted the FTC and 

expects that when completed, the results of that 

survey may influence any future revisions of the 

identity theft rights summary. See 73 FR 37457 

(2009). 

7Section 609(c) also requires that CRAs notify 

consumers that they may have additional rights 

under state law and that the FCRA does not require 

accurate, current derogatory information to be 

removed from consumers’ files. Thus, the 

Commission has also included this information in 

its Summary of Rights. 

8The Commission is concurrently updating its 

consumer education materials on disputing errors 

in credit reports to reflect consumers’ new right to 

dispute inaccurate information directly with 

furnishers. 

9These revisions include deleting citation 

references to the relevant sections of the FCRA from 

the text of the Notice and placing them in endnotes 

to make the document easier to read. 

10As with the Furnisher Notice, these revisions 

include deleting citation references to the relevant 

sections of the FCRA from the text of the User 

Notice and placing them in endnotes. 

Furnisher Notice to reflect these new 

rules, as explained further below.6 The 

proposed revised versions are also 

intended to improve the clarity and 

usefulness of the documents for 

consumers, furnishers, and users. For 

comparison, the 2004 versions of these 

notices can be found at (www.ftc.gov/ 

opa/2004/11/facta.shtm). 

II. Summary of the Proposed Revised 

Notices 

A. Summary of Rights (Appendix F to 16 

CFR 698) 

Section 609(c) of the FCRA requires 

the Commission to issue a model 

Summary of Rights, which must include 

an explanation of (1) the consumer’s 

right to obtain his or her consumer 

report; (2) the frequency and 

circumstances under which a consumer 

may receive free consumer reports 

under the FCRA; (3) the right of a 

consumer to dispute incorrect or 

outdated information in his or her 

consumer report; and (4) the right of a 

consumer to obtain a credit score.7

With respect to a consumer’s right to 

dispute information in his or her 

consumer report, on July 1, 2009, the 

Commission and other federal 

regulatory agencies issued the Furnisher 

Direct Dispute Rule, which took effect 

on July 1, 2010. Prior to the effective 

date of this Rule, under the FCRA, 

consumers had a right to dispute the 

accuracy of information in their 

consumer reports only by filing a 

dispute with a CRA. Under the 

Furnisher Direct Dispute Rule, 

consumers may dispute the accuracy of 

information in their consumer report 

directly with the furnisher of that 

information as well as the CRA. The 

proposed revised Summary of Rights 

reflects this additional dispute right. 

Because it is difficult to inform 

consumers fully of their dispute rights 

in a summary fashion, the proposed 

revised Summary of Rights also directs 

consumers to the Commission’s website 

for more information about disputing 

consumer report errors.8

In addition, the proposed revised 

Summary of Rights reflects changes to 

improve the clarity and readability of 

the document. The changes include 

reordering some of the information 

provided, as well as making formatting 

changes and minor wording changes to 

certain sections. 

Finally, in order to keep the Summary 

of Rights sufficiently brief and to 

improve its readability, the proposed 

revised Summary of Rights deletes 

certain information that the Commission 

is not required to include. The current 

Summary of Rights incorporates a list of 

Federal agencies responsible for 

enforcing the FCRA, which the CRAs 

are also required to provide to 

consumers with their consumer reports. 

However, the FCRA does not require 

this list to be included in the Summary 

of Rights. Accordingly, the Commission 

proposes not to include this information 

in the proposed revised Summary of 

Rights. Instead, the Commission 

proposes to make available on its 

website a separate document that lists 

the Federal agencies responsible for 

enforcing the FCRA, along with their 

addresses, phone numbers, and website 

addresses, which can be updated more 

easily. CRAs may use this document to 

satisfy their obligation to provide 

consumers a list of Federal agencies 

responsible for enforcing the FCRA. 

B. Furnisher Notice (Appendix G to 16 

CFR 698) 

The proposed revised Furnisher 

Notice reflects the new duties of 

furnishers set forth in the Furnisher 

Direct Dispute Rule described above. It 

also reflects new duties contained in the 

Furnisher Accuracy Rule, which became 

effective on July 1, 2010. The Rule 

requires furnishers to establish policies 

and procedures to ensure the accuracy 

and integrity of the consumer report 

information they furnish to CRAs, and 

to consider the guidelines prescribed by 

the agencies in establishing these 

policies and procedures. In addition, the 

proposed revised Furnisher Notice also 

includes revisions to improve the clarity 

and readability of the document.9

C. User Notice (Appendix H to 16 CFR 

698) 

The proposed revised User Notice 

reflects the new duties of users set forth 

in several of the rules finalized pursuant 

to the FACT Act. First, effective January 

1, 2011, the Risk-Based Pricing Rule 

will require users of consumer reports to 

provide risk-based pricing notices in 

certain circumstances if they extend 

credit to a particular consumer on less 

favorable terms than those they offer to 

others. As an alternative to providing 

risk-based pricing notices, the Rule 

permits such users to provide 

consumers who apply for credit with a 

free credit score and information about 

their credit score. Second, if a CRA 

notifies a user of consumer reports that 

the address the user provided about a 

consumer is different from the address 

in the consumer report, the Address 

Discrepancy Rule, which became 

effective on January 1, 2008, requires 

the user to implement reasonable 

procedures to verify that the consumer 

report relates to the correct consumer. 

Users of consumer reports that verify 

the address is accurate, and that 

regularly furnish information to the 

CRA, have additional responsibilities 

under the Rule. Finally, the Medical 

Information Rules, which became 

effective on April 1, 2006, prescribe the 

circumstances under which creditors 

may obtain, use, and share medical 

information. The proposed revised User 

Notice has been revised to reflect all of 

these obligations, as well as to improve 

the clarity and readability of the 

document.10

III. Request for Comments 

The Commission invites comment on 

all aspects of the proposed revised 

Summary of Rights, Furnisher Notice, 

and User Notice. The Commission also 

invites comment from all interested 

parties on the following issues: 

Summary of Rights (Appendix F) 

∑ Has the existing Summary of Rights 

been effective in informing consumers 

about their rights under the FCRA? 

∑ Has the Commission included all of 

the rights that should be included in the 

model summary? 

∑ Has the Commission clearly and 

sufficiently described a consumer’s 

ability to dispute inaccurate consumer 

report information with both the 

furnisher of the information and with 

the CRA? Is it useful to provide a 

reference to the FTC’s website for 

additional information about disputing 

such errors? 

∑ Is it appropriate to provide 

information about the Federal agencies 

responsible for enforcing the FCRA and 

the contact information for these 

agencies in a separate document, which 

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11The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 12See 16 CFR 1.26(b)(5). 

will be made available on the FTC’s 

website? 

∑ Are there areas where the 

understandability of the proposed 

revised Summary of Rights could be 

improved? Are there any sections for 

which the language does not accurately 

convey the substance of the provision? 

If so, how could such sections be 

improved? 

∑ The proposed revised Summary of 

Rights uses the term ‘‘credit report’’ to 

describe a consumer report under the 

FCRA because the Commission believes 

it is the term with which consumers are 

most familiar. However, as explained in 

the proposed revised Summary of 

Rights, consumers may obtain reports 

that contain non-credit information, 

such as rental or medical history 

information. Should an additional or 

alternate term be used to describe these 

types of reports? Would it be more 

effective and is it feasible to create a 

separate model Summary of Rights to 

send to consumers who request reports 

that contain non-credit information? 

Furnisher Notice (Appendix G) 

∑ Is the proposed revised Furnisher 

Notice accurate and easy to understand? 

In what ways could it be improved? 

∑ The Commission expects that the 

Furnisher Notice will be sent to a wide 

range of entities with varying degrees of 

legal sophistication. Are the duties set 

forth in the proposed notice clear and 

understandable? Could the description 

of the duties be improved? 

∑ Does the deletion of the citations to 

the relevant sections of the FCRA from 

the text to the endnotes improve the 

readability of the document? Or are the 

citations necessary for furnishers to 

locate and understand their statutory 

obligations? 

User Notice (Appendix H) 

∑ The proposed revised User Notice 

discusses the principal portions of the 

FCRA that impose obligations upon 

those who receive consumer reports. 

Should additional information be 

included in the notice? 

∑ The Commission expects that the 

User Notice will be sent to a wide range 

of users with varying degrees of legal 

sophistication. Are the duties set forth 

in the proposed notice clear and easy to 

understand? Could the description of 

the duties be improved? 

∑ Does the deletion of the citations to 

the relevant sections of the FCRA from 

the text to the endnotes improve the 

readability of the document? Or are the 

citations necessary for users to locate 

and understand their statutory 

obligations? 

Interested parties are invited to 

submit written comments electronically 

or in paper form. Comments should 

refer to ‘‘FACTA Notices, Project No. 

P105408,’’ to facilitate the organization 

of comments. Please note that your 

comment – including your name and 

your state – will be placed on the public 

record of this proceeding, including on 

the publicly accessible FTC website, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

any individual’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. 

Comments also should not include any 

sensitive health information, such as 

medical records or other individually 

identifiable health information. In 

addition, comments should not include 

‘‘trade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential’’ as provided in Section 

6(f) of the Federal Trade Commission 

Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

Comments containing matter 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).11

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted 

using the following weblink: (https:// 

ftcpublic.commentworks.com/ftc/ 

fcrarevisednotices) (and following the 

instructions on the web-based form). To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink 

(https://ftcpublic.commentworks.com/ 

ftc/fcrarevisednotices). If this Notice 

appears at (http://www.regulations.gov/ 

search/Regs/home.html#home), you 

may also file an electronic comment 

through that website. The Commission 

will consider all comments that 

regulations.gov forwards to it. You may 

also visit the FTC Website at (http:// 

www.ftc.gov) to read the Notice and the 

news release describing it. 

A comment filed in paper form 

should include the ‘‘FACTA Notices, 

Project No. P105408’’ reference both in 

the text and on the envelope, and 

should be mailed or delivered to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H-135 (Annex M), 600 

Pennsylvania Avenue, NW, Washington, 

D.C. 20580. The FTC is requesting that 

any comment filed in paper form be sent 

by courier or overnight service, if 

possible, because U.S. postal mail in the 

Washington area and at the Commission 

is subject to delay due to heightened 

security precautions. 

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, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the FTC makes every effort to 

remove home contact information for 

individuals from the public comments it 

receives before placing those comments 

on the FTC website. More information, 

including routine uses permitted by the 

Privacy Act, may be found in the FTC’s 

privacy policy, at (http://www.ftc.gov/ 

ftc/privacy.htm). 

IV. Communications by Outside Parties 

to the Commissioners or Their Advisors 

Written communications and 

summaries or transcripts of oral 

communications respecting the merits 

of this proceeding from any outside 

party to any Commissioner or 

Commissioner’s advisor will be placed 

on the public record.12

V. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (PRA), 44 U.S.C. 

3501-3521, the Commission reviewed 

the summary of rights and the furnisher 

and user notices for compliance with 

the PRA when it issued them in 1997 

and when it revised them in 2004. At 

both times, the Commission concluded 

that the summary and notices consisted 

of information that is supplied by the 

Federal government. Accordingly, the 

Commission determined that these 

notices do not constitute a ‘‘collection of 

information’’ as this term is defined in 

the regulations implementing the PRA, 

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13CRAs subject to the Commission’s jurisdiction 

with annual receipts of $7 million or less are 

considered small businesses. A list of the SBA’s 

size standards for all industries can be found at 

(http://www.sba.gov/idc/groups/public/documents/ 

sba_homepage/serv_sstd_tablepdf.pdf) (last visited 

June 25, 2010). 

nor do the financial resources expended 

in relation to the distribution of these 

documents constitute a paperwork 

burden. See 5 CFR 1320.3(c)(2). The 

Commission has reviewed the proposed 

changes to the current summary and 

notices. The Commission has 

concluded, consistent with its analyses 

in 1997 and 2004, that the proposed 

summary and notices do not fall within 

the definition of ‘‘collection of 

information’’ covered by the PRA 

because they are ‘‘[t]he public disclosure 

of information originally supplied by 

the Federal government to the recipient 

for the purpose of disclosure to the 

public * * *.’’ 5 CFR 1320.3(c)(2). 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601—612, requires that the 

Commission provide an Initial 

Regulatory Flexibility Analysis (IRFA) 

with any action that may constitute a 

rule unless the Commission certifies 

that the action will not have a 

significant economic impact on a 

substantial number of small entities. See 

5 U.S.C. 603—605. The Commission 

concludes that the proposed revised 

Summary of Rights, Furnisher Notice, 

and User Notice will not have a 

significant economic impact on a 

substantial number of small entities, as 

discussed below. Accordingly, this 

document serves as notice to the Small 

Business Administration of the agency’s 

certification of no effect. To ensure the 

accuracy of this certification, however, 

the Commission requests comment on 

whether the proposed revised summary 

or notices will have a significant impact 

on a substantial number of small 

entities, including specific information 

on the number of entities that will be 

covered by the proposed rules, the 

number of these entities that are small, 

and the average annual burden for each 

entity. To assist commenters, the 

Commission has prepared the following 

analysis: 

A. Description of the Reasons That 

Action by the Agency Is Being Taken 

The agency has undertaken this 

proceeding to implement provisions of 

the FCRA. Specifically, section 609(c) of 

the FCRA requires the Commission to 

prepare the Summary of Rights for 

consumers and section 607(d) requires 

the Commission to issue the Furnisher 

Notice and User Notice. All of these 

documents will be distributed by CRAs. 

B. The Proposal’s Objectives and Legal 

Basis 

The objective of the Commission’s 

action is the issuance of a proposed 

revised Summary of Rights, Furnisher 

Notice, and User Notice to educate 

consumers, furnishers of information to 

CRAs, and users of information from 

CRAs as to their rights or duties under 

the FCRA. As noted earlier, the legal 

bases for the proposed summary and 

notices are sections 609(c) and 607(d) of 

the FCRA, respectively. 

C. Small Entities to Which the Proposed 

Rule Will Apply 

The proposed revised Summary of 

Rights, Furnisher Notice, and User 

Notice are to be distributed by CRAs. 

The consumer reporting industry is 

composed primarily of ‘‘nationwide’’ 

CRAs and ‘‘nationwide specialty’’ CRAs, 

as defined in FCRA sections 603(p) and 

603(w), respectively. The Commission 

believes that the nationwide and 

nationwide specialty CRAs will be 

responsible for much of the distribution 

of the summary and notices. The 

Commission believes that none of the 

nationwide CRAs is a ‘‘small’’ entity.13

There are, however, small CRAs 

associated with the nationwide CRAs, 

and there are small, independent CRAs. 

Based on the membership of the major 

CRA trade associations, the Commission 

believes that the total universe of 

entities potentially covered by the 

requirement to distribute the summary 

and notices is between 600 and 1000. 

The Commission does not know how 

many of these entities are ‘‘small.’’ The 

Commission invites comments on the 

number of ‘‘small’’ entities that will be 

affected by its proposal. 

D. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements 

The proposed rule would impose no 

specific reporting or recordkeeping 

requirements. CRAs will be required, 

however, to distribute the prescribed 

summary and notices. The Summary of 

Rights will be distributed with each 

consumer report provided to consumers 

by CRAs, and will be distributed to large 

numbers of consumers each year. The 

CRAs will need to distribute the revised 

Furnisher Notice and User Notice on a 

one-time basis to all of the entities that 

furnish information to a CRA or use 

information obtained from a CRA, even 

if they were previously sent a prior 

version of the notices. However, the 

Commission does not believe that this 

requirement will increase in any 

significant way the burdens already 

imposed by the FCRA on CRAs. Because 

the Commission is providing the 

language for the summary and notices, 

businesses need not incur legal or other 

professional costs to develop any new 

written material. The cost of training 

employees, if any, should be minimal. 

Moreover, when the Furnisher Notice 

and User Notice are distributed 

electronically, the Commission believes 

the distribution costs will be negligible. 

E. Duplicative, Overlapping, or 

Conflicting Federal Rules 

The Commission has not identified 

any other federal statutes, rules, or 

policies that would duplicate, overlap, 

or conflict with the proposed summary 

or notices. The Commission invites 

comment and information on this issue. 

F. Significant Alternatives to the 

Proposed Rule 

In some situations, the Commission 

has considered adopting a delayed 

effective date for small entities subject 

to new regulation in order to provide 

them with additional time to come into 

compliance. In this case, however, the 

Commission proposes not to delay the 

effective date because small entities will 

be given the texts of the proposed 

summary and notices to be distributed 

and will not incur additional costs in 

developing them. 

The Commission seeks comment and 

information with regard to (1) the 

existence of small business entities for 

which distribution of the required 

Summary of Rights, Furnisher Notices, 

and User Notices would have a 

significant economic impact; and (2) 

suggested alternative methods of 

compliance that, consistent with the 

statutory requirements, would reduce 

the economic impact of the 

requirements of this proceeding on 

these entities. If the comments filed in 

response to this notice identify small 

entities that are significantly affected, as 

well as alternative methods of 

compliance that would reduce the 

economic impact on such entities, the 

Commission will consider the feasibility 

of such alternatives. 

List of Subjects in 16 CFR Part 698 

Fair Credit Reporting Act, Consumer 

reports, Consumer reporting agencies, 

Credit, Trade practices. 

Accordingly, pursuant to 15 U.S.C. 

1681e and 1681g, the Federal Trade 

Commission hereby proposes to amend 

Part 698, chapter 1, title 16, Code of 

Federal Regulations, as follows: 

1. The authority citation for this part 

continues to read as follows: 

Authority: 15 U.S.C. 1681e, 1681g, 1681s, 

and 1681j; 117 Stat. 1952; Pub. L. 108–159, 

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sections 151, 153, 211(c) and (d), 213, and 

311. 

2. Revise Appendices F through H to 

read as follows: 

APPENDIX F TO PART 698–GENERAL 

SUMMARY OF CONSUMER RIGHTS 

The prescribed form for this summary is a 

disclosure that is substantially similar to the 

Commission’s model summary with all 

information clearly and prominently 

displayed. A separate list of federal 

regulators is available at the Commission’s 

website at (www.ftc.gov/credit). A summary 

should accurately reflect changes to those 

items that may change over time (e.g., dollar 

amounts or telephone numbers) to remain in 

compliance. Translations of this summary 

will be in compliance with the Commission’s 

model, provided that the translation is 

accurate and that it is provided in a language 

used by the recipient consumer. 

BILLING CODE 6750–01–S 

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APPENDIX G TO PART 698–NOTICE 

OF FURNISHER RESPONSIBILITIES 

The prescribed form for this disclosure is 

a separate document that is substantially 

similar to the Commission’s model notice 

with all information clearly and prominently 

displayed. Consumer reporting agencies may 

limit the disclosure to only those items that 

they know are relevant to the furnisher that 

will receive the notice. 


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APPENDIX H TO PART 698–NOTICE 

OF USER RESPONSIBILITIES 

The prescribed form for this disclosure is 

a separate document that is substantially 

similar to the Commission’s notice with all 

information clearly and prominently 

displayed. Consumer reporting agencies may 

limit the disclosure to only those items that 

they know are relevant to the user that will 

receive the notice. 


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WReier-Aviles on DSKGBLS3C1PROD with PROPOSALSEP27AU10.010
Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Proposed Rules 52671 

By direction of the Commission. 

Donald S. Clark, 

Secretary 

[FR Doc. 2010–21202 Filed 8–26–10; 7:35 am] 

BILLING CODE 6750–01–C 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 672 

RIN 1205–AB49 

YouthBuild Program 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice of proposed rulemaking 

with request for comments. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

U.S. Department of Labor (Department) 

is issuing this Notice of Proposed 

Rulemaking (NPRM) to implement the 

YouthBuild Transfer Act of 2006 

(Transfer Act), which establishes the 

YouthBuild program in the Department 

under subtitle D of Title I of the 

Workforce Investment Act of 1998 

(WIA) as amended. The proposed rule 

clarifies the requirements of the 

Transfer Act for YouthBuild program 

providers and participants. The 

proposed rule would set standards 

under which YouthBuild program 

providers would carry out the goals of 

the program, which are to assist at-risk 

youth in obtaining a High School 

diploma or GED and acquiring 

occupational skills training that leads to 

employment through the construction/ 

rehabilitation of housing for low-income 

or homeless individuals and families in 

the community. 

DATES: Interested persons are invited to 

submit comments on this proposed rule. 

To ensure consideration, comments 

must be received on or before October 

26, 2010. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 1205–AB49, by any one 

of the following methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

Mail and hand delivery/courier: 

Written comments, disk, and CD–ROM 

submissions may be mailed to Thomas 

M. Dowd, Administrator, Office of 

Policy Development and Research, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room N–5641, 

Washington, DC 20210. 

The Department will not accept emailed or faxed comments. 

Instructions: Label all submissions 

with RIN 1205–AB49. 

Please submit your comment by only 

one method. Please be advised that the 

Department will post all comments 

received on http://www.regulations.gov 

without making any change to the 

comments, or redacting any 

information. The http:// 

www.regulations.gov Web site is the 

Federal e-rulemaking portal and all 

comments posted there are available 

and accessible to the public. Therefore, 

the Department recommends that 

commenters safeguard any personal 

information such as Social Security 

Numbers, personal addresses, telephone 

numbers, and e-mail addresses included 

in their comments as such information 

may become easily available to the 

public via the http:// 

www.regulations.gov Web site. It is the 

responsibility of the commenter to 

safeguard any such personal 

information. 

Also, please note that due to security 

concerns, postal mail delivery in 

Washington, DC may be delayed. 

Therefore, the Department encourages 

the public to submit comments on 

http://www.regulations.gov. 

Docket: All comments on this 

proposed rule will be available on the 

http://www.regulations.gov Web site 

and can be found using RIN 1205–AB49. 

The Department also will make all the 

comments it receives available for 

public inspection by appointment 

during normal business hours at the 

above address. If you need assistance to 

review the comments, the Department 

will provide you with appropriate aids 

such as readers or print magnifiers. The 

Department will make copies of the rule 

available, upon request, in large print, 

Braille and electronic file on computer 

disk. The Department will consider 

providing the rule in other formats upon 

request. To schedule an appointment to 

review the comments and/or obtain the 

rule in an alternative format, contact the 

Office of Policy Development and 

Research at (202) 693–3700 (this is not 

a toll-free number). You may also 

contact this office at the address listed. 

FOR FURTHER INFORMATION CONTACT: 

Thomas M. Dowd, Administrator, Office 

of Policy Development and Research, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5641, Washington, DC 20210; telephone 

(202) 693–3700 (this is not a toll-free 

number). 

Individuals with hearing or speech 

impairments may access the telephone 

number above via TTY by calling the 

toll-free Federal Information Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

The Preamble of this proposed rule is 

organized as follows: 

I. Background—provides a brief description 

of the development of the proposed rule 

II. Section-by-Section Review of the Proposed 

Rule—summarizes and discusses the 

structure and requirements of the 

YouthBuild Program 

III. Administrative Section—sets forth the 

applicable regulatory requirements 

I. Background 

On September 22, 2006, the 

YouthBuild Transfer Act, Public Law 

109–281 (Transfer Act) was signed into 

law. The Transfer Act authorizes grants 

for job training and educational 

activities for at-risk youth who, as part 

of their training, help construct or 

rehabilitate housing for homeless 

individuals and families and lowincome families in their respective 

communities. Participants receive a 

combination of classroom training, job 

skills development, and on-site training 

in the construction trades. 

The White House Task Force for 

Disadvantaged Youth recommended 

transferring the administration of the 

YouthBuild program, also known as 

‘‘Hope for Youth’’, from the U.S. 

Department of Housing and Urban 

Development (HUD) to the Department. 

The White House Task Force for 

Disadvantaged Youth Final Report. Pg. 

4, October 2003. 

The transfer allows for greater 

coordination of the YouthBuild program 

with Job Corps, WIA Youth Programs, 

the workforce investment system, 

including local workforce investment 

boards (WIBs), One-Stop Career Centers, 

and their partner programs (for example, 

Federal, State, and local education 

agencies), while at the same time 

retaining many of the same affordable 

housing goals as under the HUD 

program. The Transfer Act transfers the 

authority for the YouthBuild program 

from the Cranston-Gonzalez National 

Affordable Housing Act (49 U.S.C. 

12899 et seq.) (Cranston-Gonzales Act) 

to subtitle D of Title I of WIA and it 

makes modifications and changes to the 

programs that focus on increasing the 

skilled workforce available for the 

construction trades. 

In addition to transferring the 

administration of the program from 

HUD to the Department, the Transfer 

Act expands the activities authorized 

under the YouthBuild program to 

include many activities authorized 

under the WIA Title I youth formula 

program. The transfer maintains all the 

goals of the YouthBuild program as 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS