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###### Federal Deposit Insurance Corporation

# AGENCY:

Federal Deposit Insurance Corporation.

# ACTION:

Notice and request for comment.

# SUMMARY:

The FDIC, 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. 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 FDIC is soliciting comment  concerning its information collection titled, “Identity Theft Red  Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003 (FACT Act).”

# DATES:

Comments must be submitted on or before September 8, 2009.

# ADDRESSES:

Interested parties are invited to submit written comments by any of the following methods. All comments should refer to the name and number of the collection:
      -  http://www.FDIC.gov/​regulations/​laws/​federal/​propose.html .                    
      -  E-mail: comments@fdic.gov . Include the name and number of the collection in the subject line of the message.                    
      -  Mail:                          Herbert J. Messite (202.898.6834), Counsel, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429.                    
      -  Hand Delivery:                          Comments may be hand-delivered to the guard station at the rear of the 550 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m.                    

A copy of the comments may also be submitted to the OMB Desk Officer for the FDIC, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503.

      ( print page 32611)    

# FOR FURTHER INFORMATION CONTACT:

Herbert J. Messite, at the address identified above.

# SUPPLEMENTARY INFORMATION:

Proposal to renew the following information  collection:

*Title:*                     Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate  Credit Transactions Act of 2003 (FACT Act).                

*OMB Number:*                     3064-0152.                

*Affected Public:*                     Individuals; Businesses or other for-profit.                

*Estimated Number of Respondents:*                     5,260.                

*Estimated Time per Response:*                     16 hours.                

*Estimated Total Annual Burden:*                     84,160 hours.                

*General Description of the Collection:*12 CFR 334.82, 334.90, 334.91 and Appendix J to Part 334 implement sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), Public Law 108-159 (2003). Section 114 amended section 615 of the Fair Credit Reporting Act (FCRA) to require the OCC, FRB, FDIC, OTS, NCUA, and FTC (Agencies) to issue jointly (i) guidelines for financial institutions and creditors regarding identity theft with respect to their account holders and customers; (ii) regulations requiring each financial institution and creditor to establish reasonable policies and procedures for implementing the guidelines to identify possible risks to account holders or customers or to the safety and soundness of the institution or creditor; and (iii) regulations generally requiring credit and debit card issuers to assess the validity of change of address requests under certain circumstances. Section 315 amended section 605 of the FCRA to require the Agencies to issue regulations providing guidance regarding reasonable policies and procedures that a user of consumer reports must employ when a user receives a notice of address discrepancy from a consumer reporting agency (CRA). The information collections in Sec. 334.90 require each financial institution and creditor that offers or maintains one or more covered accounts to develop and implement a written Identity Theft Prevention Program (Program). In developing the Program, financial institutions and creditors are required to consider the guidelines in Appendix J to Part 334 and include those that are appropriate. The initial Program must be approved by the board of directors or an appropriate committee thereof and 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 must be trained to carry out the Program. Pursuant to Sec. 334.91, 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 under certain circumstances. Before issuing an additional or replacement card, the card issuer must notify the cardholder or use another means to assess the validity of the change of address. The information collections in Sec. 41.82 require 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 the user receives a notice of address discrepancy from a CRA. A user of consumer reports must also develop and implement reasonable policies and procedures for furnishing an address for the consumer that the user has reasonably confirmed to be accurate to the  CRA from which it receives a notice of address discrepancy when (1) the user can form a reasonable belief that the consumer report relates to the consumer about whom the user has requested the report; (2) the user establishes a continuing relationship with the consumer; and (3) the user regularly and in the ordinary course of business furnishes  information to the CRA from which it received the notice of address discrepancy.                

## Request for Comment

Comments are invited on: (a) Whether these collections of information are necessary for the proper performance of the FDIC's functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collections, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collections on respondents, including through the use of automated collection techniques or other forms of information technology.

At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the collections should be modified prior to submission to OMB for review and approval. Comments submitted in response to this notice also will be summarized or included in the FDIC's requests to OMB for renewal of these collections. All comments will become a matter of public record.

Dated at Washington, DC, this 1st day of July 2009.

Federal Deposit Insurance Corporation.

Robert E. Feldan,

Executive Secretary.

[FR Doc. E9-15977 Filed 7-7-09; 8:45 am]

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