[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60145-60147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25257]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Extension

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice.

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SUMMARY: The FTC intends to ask the Office of Management and Budget 
(``OMB'') to extend for an additional three years the current Paperwork 
Reduction Act (``PRA'') clearance \1\ for the information collection 
requirements in the FTC Red Flags, Card Issuers, and Address 
Discrepancies Rules \2\ (``Rules''). That clearance expires on December 
31, 2015.\3\
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    \1\ OMB Control No. 3084-0137.
    \2\ 16 CFR 681.1; 16 CFR 681.2; 16 CFR part 641.
    \3\ The related preceding Federal Register Notice, 80 FR 42806 
(Jul. 20, 2015) (``July 20, 2015 Notice''), erroneously stated that 
existing clearance expires November 30, 2015.

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DATES: Comments must be submitted by November 4, 2015.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Red Flags Rule, PRA 
Comment, Project No. P095406'' on your comment. File your comment 
online at https://ftcpublic.commentworks.com/ftc/RedFlagsPRA2 by 
following the instructions on the web-based form. If you prefer to file 
your comment on paper, mail your comment to the following address: 
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania 
Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, or deliver 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, 
Suite 5610 (Annex J), Washington, DC 20024.

[[Page 60146]]


FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Steven Toporoff, Attorney, Bureau of Consumer 
Protection, (202) 326-2252, Federal Trade Commission, 600 Pennsylvania 
Avenue, Washington, DC 20580.

SUPPLEMENTARY INFORMATION:
    Title: Red Flags Rule, 16 CFR 681.1; Card Issuers Rule, 16 CFR 
681.2; Address Discrepancy Rule, 16 CFR part 641
    OMB Control Number: 3084-0137
    Type of Review: Extension of currently approved collection
    Abstract: The Red Flags Rule requires financial institutions and 
certain creditors to develop and implement written Identity Theft 
Prevention Programs. The Card Issuers Rule requires credit and debit 
card issuers to assess the validity of notifications of address changes 
under certain circumstances. The Address Discrepancy Rule provides 
guidance on what users of consumer reports must do when they receive a 
notice of address discrepancy from a nationwide consumer reporting 
agency. Collectively, these three anti-identity theft provisions are 
intended to prevent impostures from misusing another person's personal 
information for a fraudulent purpose.
    The Rules implement sections 114 and 315 of the Fair Credit 
Reporting Act (``FCRA''), 15 U.S.C. 1681 et seq., to require businesses 
to undertake measures to prevent identity theft and increase the 
accuracy of consumer reports.
    The Commission received no relevant public comments on the Rules' 
information collection requirements and FTC staff's associated PRA 
burden analysis and estimates that appeared in the July 20, 2015 
Federal Register Notice. That Notice discusses in greater detail 
staff's methodology behind the estimates restated here in summary form, 
while also providing an overview of the Rules' and the statutes that 
underlie them.
    Pursuant to the OMB regulations, 5 CFR part 1320, that implement 
the PRA, 44 U.S.C. 3501 et seq., the FTC is providing a second 
opportunity for the public to comment on: (1) Whether the disclosure 
requirements are necessary, including whether the information will be 
practically useful; (2) the accuracy of our burden estimates, including 
whether the methodology and assumptions used are valid; (3) ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and (4) ways to minimize the burden of the collection of 
information.

Estimated Annual Burden

A Section 114: Red Flags and Card Issuers Rules:
    (1) Red Flags:

    (a) Estimated Number of Respondents: 162,302\4\
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    \4\ This figure comprises 6,298 financial institutions and 
156,004 creditors (95,030 high-risk entities, excluding financial 
institutions + 60,974 low-risk creditors). Due both to prior math 
error and mistakenly incorporating the tally of financial 
institutions with creditors, the July 20, 2015 Notice misstated the 
number of creditors as 162,295, instead of 156,004. The total number 
of financial institutions draws from FTC staff analysis of state 
credit unions and insurers within the FTC's jurisdiction using 2012 
Census data (``County Business Patterns,'' U.S.) and other online 
industry data. The total number of creditors draws from FTC staff 
analysis of 2012 Census data and industry data for businesses or 
organizations that market goods and services to consumers or other 
businesses or organizations subject to the FTC's jurisdiction, 
reduced by entities not likely to: (1) Obtain credit reports, report 
credit transactions, or advance loans; and (2) entities not likely 
to have covered accounts under the Rule.
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    (i) High-Risk Entities \5\ 101,328
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    \5\ High-risk entities include, for example, financial 
institutions within the FTC's jurisdiction and utilities, motor 
vehicle dealerships, telecommunications firms, colleges and 
universities, and hospitals.
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    (ii) Low-Risk Entities: 60,974 \6\
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    \6\ Low-risk entities include, for example, public warehouse and 
storage firms, nursing and residential care facilities, automotive 
equipment rental and leasing firms, office supplies and stationery 
stores, fuel dealers, and financial transactions processing firms.
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    (b) Estimated Hours Burden:\7\
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    \7\ See the July 20, 2015 Notice, 80 FR at 42808, for details 
underlying the Red Flags hours burden estimates.
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    (i) High-Risk Entities: 1,317,264 hours.
    (ii) Low-Risk Entities: 37,601 hours.
    (2) Card Issuers Rule:
    (a) Estimated Number of Respondents: 16,301 \8\
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    \8\ FTC staff estimates that the Rule affects as many as 16,301 
card issues within the FTC's jurisdiction. This includes, for 
example, state credit unions, general retail merchandise stores, 
colleges and universities, and telecoms.
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    (b) Estimated Hours Burden: 65,204 hours.
    (3) Combined Labor Cost Burden: $76,683,726.
B. Section 315--Address Discrepancy Rule: \9\
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    \9\ See the July 20, 2015 Notice, 80 FR at 42809, for details 
underlying Section 315 and the Card Issuer Rule population and 
burden estimates.
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    (1) Estimated Number of Respondents
    (a) Customer Verification: 1,875,275.
    (b) Address Verification: 10,000.
    (2) Estimated Hours Burden.
    (a) Customer Verification: 875,128 hours.
    (b) Address Verification: 1,667 hours.
    (3) Estimated Labor Cost Burden: $15,782,310.
C. Capital/Non-Labor Costs for Sections 114 and 315

    FTC staff believes that the Rules impose negligible capital or 
other non-labor costs, as the affected entities are likely to have the 
necessary supplies and/or equipment already (e.g., offices and 
computers) for the information collections described herein.

Request for Comment

    You can file a comment online or on paper. For the FTC to consider 
your comment, we must receive it on or before November 4, 2015. Write 
``Red Flags Rule, PRA2, Project No. P095406'' on your comment. Your 
comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment doesn't include any 
sensitive personal information, like anyone'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. You are also solely 
responsible for making sure that your comment doesn't include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, don't 
include any ``[t]rade secret or any commercial or financial information 
which is . . . privileged or confidential,'' as provided in Section 
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, don't include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\10\ Your comment will be kept 
confidential only if the FTC General Counsel grants your request in

[[Page 60147]]

accordance with the law and the public interest.
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    \10\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
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    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online, or to send them to the Commission by courier or 
overnight service. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/RedFlagsPRA2 by following the instructions on the web-based form. 
When this Notice appears at http://www.regulations.gov/#!home, you also 
may file a comment through that Web site.
    If you file your comment on paper, write ``Red Flags Rule, PRA 
Comment, Project No. P095406,'' on your comment and on the envelope. 
You can mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
J), Washington, DC 20024.
    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 on or before November 4, 
2015. For information on the Commission's privacy policy, including 
routine uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/privacy.htm. For supporting documentation and other information 
underlying the PRA discussion in this Notice, see http://www.reginfo.gov/public/jsp/PRA/praDashboard.jsp.
    Comments on the information collection requirements subject to 
review under the PRA should additionally be submitted to OMB. If sent 
by U.S. mail, they should be addressed to Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for the Federal Trade Commission, New Executive Office 
Building, Docket Library, Room 10102, 725 17th Street NW., Washington, 
DC 20503. Comments sent to OMB by U.S. postal mail, however, are 
subject to delays due to heightened security precautions. Thus, 
comments instead should be sent by facsimile to (202) 395-5806.

David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2015-25257 Filed 10-2-15; 8:45 am]
 BILLING CODE 6750-01-P