57954 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Notices 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

2 72 FR 60672 (Oct. 25, 2007); 72 FR 42092 (Aug. 

1, 2007). No comments were received in response 

to those notices. 

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:// 

public.commentworks.com/ftc/ 

prescreenoptoutPRA2) (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:// 

public.commentworks.com/ftc/ 

prescreenoptoutPRA2). 

If this Notice appears at 

(www.regulations.gov/search/index.jsp), 

you may also file an electronic comment 

through that website. The Commission 

will consider all comments that 

regulations.gov forwards to it. 

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.shtm). 

Background 

Section 615(d) of the Fair Credit 

Reporting Act (‘‘FCRA’’), 15 U.S.C. 

1681m(d)(1), requires that any person 

who uses a consumer report in order to 

make an unsolicited firm offer of credit 

or insurance to the consumer, shall 

provide with each written solicitation a 

clear and conspicuous statement that: 

(A) information contained in the 

consumer’s consumer report was used 

in connection with the transaction; 

(B) the consumer received the offer of 

credit or insurance because the 

consumer satisfied the criteria for 

credit worthiness or insurability 

under which the consumer was 

selected for the offer; (C) if applicable, 

the credit or insurance may not be 

extended if, after the consumer 

responds to the offer, the consumer 

does not meet the criteria used to 

select the consumer for the offer or 

any applicable criteria bearing on 

credit worthiness or insurability or 

does not furnish any required 

collateral; (D) the consumer has a 

right to prohibit information 

contained in the consumer’s file with 

any consumer reporting agency from 

being used in connection with any 

credit or insurance transaction that is 

not initiated by the consumer; and (E) 

the consumer may exercise the right 

referred to in subparagraph (D) by 

notifying a notification system 

established under section 604(e) [of 

the FCRA]. 

Section 615(d)(1) of the FCRA [15 U.S.C. 

1681m(d)(1)]. 

The Fair and Accurate Credit 

Transactions Act of 2003, Pub. L. 108- 

159, 117 Stat. 1952 (‘‘FACT Act’’) was 

signed into law on December 4, 2003. 

Section 213(a) of the FACT Act 

amended FCRA Section 615(d) to 

require that the statement mandated by 

Section 615(d) ‘‘be presented in such 

format and in such type size and 

manner as to be simple and easy to 

understand, as established by the 

Commission, by rule, in consultation 

with the Federal banking agencies and 

the National Credit Union 

Administration.’’ The Commission 

published the Final Rule in the Federal 

Register on January 31, 2005 and the 

Rule became effective August 1, 2005. 

The Rule adopted a ‘‘layered’’ notice 

approach that requires a short, simple, 

and easy-to-understand statement of 

consumers’ opt-out rights on the first 

page of the prescreened solicitation, 

along with a longer statement 

containing additional details elsewhere 

in the solicitation. Specifically, the Rule 

required that a short notice be placed on 

the front side of the first page of the 

principal promotional document in the 

solicitation, or, if provided 

electronically, on the same page and in 

close proximity to the principal 

marketing message. The Rule specifies 

that the type size be larger than the type 

size of the principal text on the same 

page, but in no event smaller than 12- 

point type, or if provided by electronic 

means, then reasonable steps shall be 

taken to ensure that the type size is 

larger than the type size of the principal 

text on the same page. The Rule further 

provides that the long notice, that 

appears elsewhere in the solicitation, be 

in a type size that is no smaller than the 

type size of the principal text on the 

same page, but in no event smaller than 

8-point type. The long notice shall begin 

with a heading in capital letters and 

underlined, and identifying the long 

notice as the ‘‘PRESCREEN & OPT-OUT 

NOTICE’’ in a type style that is distinct 

from the principal type style used on 

the same page and be set apart from 

other text on the page. The Rule also 

includes model notices in English and 

Spanish. 

Burden statement 

Estimated total annual hours burden: 

1,000 to 1,500 hours 

As in the 2007 PRA burden analysis 

when the Commission last sought 

renewed clearance,2 FTC staff estimates 

that between 500 and 750 entities make 

prescreened solicitations and will each 

spend approximately 2 hours to monitor 

compliance with the Rule. Accordingly, 

cumulative total annual burden is 

between 1,000 to 1,500 hours. 

Additionally, FTC staff assumes that inhouse legal counsel will handle most of 

the compliance review, and at an 

estimated average hourly wage of $250/ 

hour. Accordingly, cumulative labor 

cost for all affected entities would be 

between $250,000 and $375,000. Capital 

and other non-labor costs should be 

minimal, at most, since the Rule has 

been in effect several years, with 

covered entities now equipped to 

provide the required notice. 

Christian S. White 

Acting General Counsel. 

[FR Doc. 2010–23761 Filed 9–22–10; 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

[Document Identifier: OS–0990–0275; 30- 

Day Notice] 

Agency Information Collection 

Request; 30-Day Public Comment 

Request 

AGENCY: Office of the Secretary, HHS. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Office of the Secretary (OS), Department 

of Health and Human Services, is 

publishing the following summary of a 

proposed collection for public 

comment. Interested persons are invited 

to send comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Notices 57955 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, e-mail your request, 

including your address, phone number, 

OMB number, and OS document 

identifier, to 

Sherette.funncoleman@hhs.gov, or call 

the Reports Clearance Office on (202) 

690–5683. Send written comments and 

recommendations for the proposed 

information collections within 30 days 

of this notice directly to the OS OMB 

Desk Officer; faxed to OMB at 202–395– 

5806. 

Proposed Project: Uniform Data Set 

(UDS)—Reinstatement with Change— 

OMB No. 0990–0275–Office of Public 

Health Science (OPHS)—Office of 

Minority Health. 

Abstract: The Office of Minority 

Health is requesting a three year OMB 

approval on a revised collection, 

Uniform Data Set (OMB No. 0990– 

0275), the tool used by the Office 

Minority Health (OMH) to collect 

program management and performance 

data for all OMH-funded projects. 

Respondents for this data collection 

include the project directors leading 

OMH-funded projects. Affected public 

includes not-for-profit institutions and 

State, Local, or Tribal Governments. The 

clearance is also to make modifications 

to the UDS tool, which includes the 

exclusion of a large number of data 

elements which significantly reduces 

reporting burden for grantees, a change 

in the name of the data collection tool 

from the UDS to the Performance Data 

System (PDS), and to increase the 

frequency of reporting from semi-annual 

to quarterly reporting. The 

modifications are intended to evolve the 

UDS into a system that improves OMH’s 

ability to comply with Federal reporting 

requirements and monitor and evaluate 

performance by enabling the efficient 

collection of more performance-oriented 

data which are tied to OMH-wide 

performance reporting needs. 

ESTIMATED ANNUALIZED BURDEN TABLE

Forms Type of 

respondent 

Number of 

respondents 

Number of 

responses per 

respondent 

Average 

buden hours 

per response 

Total burden 

hours 

PDS ................................................... OMH Grantee ................................... 104 4 2.5 1,040 

Seleda Perryman, 

Office of the Secretary, Paperwork Reduction 

Act Reports Clearance Officer. 

[FR Doc. 2010–23756 Filed 9–22–10; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

[Document Identifier: OS–0990–0275; 30- 

day notice] 

Agency Information Collection 

Request; 30-Day Public Comment 

Request 

AGENCY: Office of the Secretary, HHS. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Office of the Secretary (OS), Department 

of Health and Human Services, is 

publishing the following summary of a 

proposed collection for public 

comment. Interested persons are invited 

to send comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, e-mail your request, 

including your address, phone number, 

OMB number, and OS document 

identifier, to 

Sherette.funncoleman@hhs.gov, or call 

the Reports Clearance Office on (202) 

690–5683. Send written comments and 

recommendations for the proposed 

information collections within 30 days 

of this notice directly to the OS OMB 

Desk Officer; faxed to OMB at 202–395– 

5806. 

Proposed Project: Uniform Data Set 

(UDS)—Reinstatement with Change— 

OMB No. 0990–0275–Office of Public 

Health Science (OPHS)—Office of 

Minority Health. 

Abstract: The Office of Minority 

Health is requesting a three year OMB 

approval on a revised collection, 

Uniform Data Set (OMB No. 0990– 

0275), the tool used by the Office 

Minority Health (OMH) to collect 

program management and performance 

data for all OMH-funded projects. 

Respondents for this data collection 

include the project directors leading 

OMH-funded projects. Affected public 

includes not-for-profit institutions and 

State, Local, or Tribal Governments. The 

clearance is also to make modifications 

to the UDS tool, which includes the 

exclusion of a large number of data 

elements which significantly reduces 

reporting burden for grantees, a change 

in the name of the data collection tool 

from the UDS to the Performance Data 

System (PDS), and to increase the 

frequency of reporting from semi-annual 

to quarterly reporting. The 

modifications are intended to evolve the 

UDS into a system that improves OMH’s 

ability to comply with Federal reporting 

requirements and monitor and evaluate 

performance by enabling the efficient 

collection of more performance-oriented 

data which are tied to OMH-wide 

performance reporting needs. 

ESTIMATED ANNUALIZED BURDEN TABLE

Forms Type of respondent Number of 

respondents 

Number of 

responses per 

respondent 

Average burden 

hours per 

response 

Total burden 

hours 

PDS .......................................... OMH Grantee ........................... 104 4 2.5 1,040 


srobinson on DSKHWCL6B1PROD with NOTICES