Agency Information Collection Activities; Proposed Collection; Comment Request, 37436-37438 [2010-15720]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES4 37436 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices second time in order to have the cargo released. Individuals and companies have held themselves out to perform ocean transportation to the public and accepted responsibility for the transportation of these shipments without obtaining an Ocean Transportation Intermediary (‘‘OTI’’) license and providing required proof of financial responsibility to the FMC. In many cases, these individuals and corporations operate without publishing a tariff showing its rates and charges, and do not observe just and reasonable regulations and practices relating to or connected with receiving, handling, storing or delivering property. Section 19 of the Shipping Act of 1984 (‘‘the Act’’), 46 U.S.C. 40901(a), prohibits any person from providing OTI services prior to being issued a license from the Commission and obtaining a bond, proof of insurance or other surety in a form and amount determined by the Commission to ensure financial responsibility. An OTI is defined as either a freight forwarder or a non-vessel-operating common carrier (‘‘NVOCC’’). 46 U.S.C. 40102(19). Any person operating as an NVOCC in the United States must provide evidence of financial responsibility in the amount of $75,000. 46 CFR 515.21(a)(2). Furthermore, section 8(a) of the Act, 46 U.S.C. 40501(a), requires NVOCCs to maintain tariffs showing their rates, charges, classifications and practices. These tariffs must be open to the public for inspection in an automated tariff system. The Commission’s regulations at 46 C.F.R. § 520.3 affirm this statutory requirement by directing each NVOCC to notify the Commission, prior to providing transportation services, of the location of its tariffs, as well as the publisher used to maintain those tariffs by filing a Form FMC–1. Section 10(b)(11) of the Act, 46 U.S.C. 41104(11), prohibits a common carrier from knowingly and willfully accepting cargo from or transporting cargo for the account of an OTI that does not have a tariff or a bond (an NVOCC). Finally, under section 10(d)(1), no common carrier or ocean transportation intermediary may fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing or delivering property. 46 U.S.C. 41102(c). Therefore, consistent with its statutory duty, the Commission hereby orders a non-adjudicatory investigation to develop a record of the nature, scope and frequency of potentially unlawful, unfair or deceptive ocean transportation practices by household goods movers in VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 the movement of cargo in U.S.-foreign oceanborne trades. The Commission will use the information obtained in this investigation and recommendations of the Fact-Finding Officer (‘‘FFO’’) to determine its policies with respect to compliance, consumer protection, and enforcement issues. Specifically, the FFO named herein is to develop a record on the following: The nature and scope of the problem presented by potentially unfair, unlawful or deceptive practices in the shipping of household goods or personal property in U.S.-foreign oceanborne trades. The FFO is to report to the Commission within the time specified herein, with recommendations for any further Commission action, including any policies, rulemaking proceedings, or other actions warranted by the factual record developed in this proceeding. Interested persons are invited and encouraged to contact the FFO named herein, at (202) 523–5712 (telephone), (202) 275–0522 (facsimile), or by e-mail at factfinding27@fmc.gov, should they wish to provide testimony or evidence, or to contribute in any other manner to the development of a complete factual record in this proceeding. Therefore, it is ordered, That, pursuant to 46 U.S.C. 41302, 40502 to 40503, 41101 to 41109, 41301 to 41309, and 40104, and 46 CFR 502.281 to 502.291, a non-adjudicatory investigation is hereby instituted into the nature, scope and frequency of potentially unlawful, unfair or deceptive ocean transportation practices related to the carriage of household goods or personal property in the oceanborne foreign commerce of the United States, in order to gather facts and establish a record related to the issues set forth above and to provide a basis for any subsequent action by the Commission; It is further ordered, That, pursuant to 46 CFR 502.284 and 502.25, Commissioner Michael A. Khouri is designated as the FFO. The FFO shall have, pursuant to 46 CFR 502.281 to 502.291, full authority to hold public or non-public sessions, to resort to all compulsory process authorized by law (including the issuance of subpoenas ad testifacandum and duces tecum), to administer oaths, to require reports, and to perform such other duties as may be necessary in accordance with the laws of the United States and the regulations of the Commission. The FFO shall be assisted by staff members as may be assigned by the Commission’s Managing Director, and the FFO is authorized to delegate any authority enumerated PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 herein to any assigned staff member as the FFO determines to be necessary. It is further ordered, That the FFO shall issue an interim report of findings and recommendations no later than November 15, 2010, a final report of findings and recommendations no later than February 15, 2011, and provide further interim reports if it appears that more immediate Commission action is necessary, such reports to remain confidential unless and until the Commission provides otherwise; It is further ordered, That this proceeding shall be discontinued upon acceptance of the final report of findings and recommendations by the Commission, unless otherwise ordered by the Commission; and It is futher ordered, That notice of this Order be published in the Federal Register. By the Commission. Karen V. Gregory, Secretary. [FR Doc. 2010–15724 Filed 6–28–10; 8:45 am] BILLING CODE 6730–01–P FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request AGENCY: Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice. SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (‘‘OMB’’) for review, as required by the Paperwork Reduction Act (‘‘PRA’’). The FTC seeks public comments on its proposal to extend through December 31, 2013 the current OMB clearance for information collection requirements contained in its Prescreen Opt-Out Disclosure Rule. That clearance expires on December 31, 2010. DATES: Comments must be filed by August 30, 2010. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form by following the instructions in the Request for Comments part of the SUPPLEMENTARY INFORMATION section below. Comments in electronic form should be submitted by using the following weblink: (https:// public.commentworks.com/ftc/ prescreenoptoutPRA) (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, E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES4 Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue, N.W., Washington, DC 20580, in the manner detailed in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be addressed to Katherine Armstrong, Attorney, Division of Privacy and Identity Protction, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580, (202) 3263250. SUPPLEMENTARY INFORMATION: Request for Comments Interested parties are invited to submit written comments. Comments should refer to ‘‘Prescreen Opt-Out Disclosure Rule: FTC File No. P075417’’ 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 (https://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 ‘‘[t]rade 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).1 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 1 The 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). VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 electronic form should be submitted using the following weblink https://public.commentworks.com/ ftc/prescreenoptoutPRA (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/ prescreenoptoutPRA). 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 (https://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 (https://www.ftc.gov/ ftc/privacy.shtm). Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. ‘‘Collection of information’’ means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing paperwork clearance for the regulations noted herein. The FTC invites comments on: (1) whether the required collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (2) the accuracy of the agency’s estimate of the burden of the required collection of information, including the validity of the methodology and assumptions used; (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 on those who are to respond, including PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 37437 through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before August 30, 2010. 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. 108159, 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 E:\FR\FM\29JNN1.SGM 29JNN1 37438 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices 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 12point 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. emcdonald on DSK2BSOYB1PROD with NOTICES4 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 2 72 FR 60672 (Oct. 25, 2007); 72 FR 42092 (Aug. 1, 2007). No comments were received in response to those notices. VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 covered entities now equipped to provide the required notice. Willard K. Tom General Counsel [FR Doc. 2010–15720 Filed 6–28–10: 2:08 pm] BILLING CODE 6750–01–S FEDERAL TRADE COMMISSION [File No. 051 0199] Minnesota Rural Health Cooperative; Analysis of the Agreement Containing Consent Order to Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order — embodied in the consent agreement — that would settle these allegations. DATES: Comments must be received on or before July 19, 2010. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to‘‘Minnesota Health, File No. 051 0199’’ 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 (https:// www.ftc.gov/os/publiccomments.shtm). Because comments will be made public, they should not include any sensitive personal information, such as an 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 any ‘‘[t]rade 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 FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c), 16 CFR 4.9(c).1 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 by using the following weblink: (https:// public.commentworks.com/ftc/ mnhealth) 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/ mnhealth). If this Notice appears at (https://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. You may also visit the FTC website at (https://www.ftc.gov/) to read the Notice and the news release describing it. A comment filed in paper form should include the ‘‘Minnesota Health, File No. 051 0199’’ 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 D), 600 Pennsylvania Avenue, NW, Washington, DC 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 Federal Trade Commission Act (‘‘FTC Act’’) and other laws 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 (https://www.ftc.gov/os/ publiccomments.shtm). As a matter of discretion, the Commission makes every effort to remove home contact information for individuals from the public comments it receives before 1 The 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). E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37436-37438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15720]


=======================================================================
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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (``OMB'') for 
review, as required by the Paperwork Reduction Act (``PRA''). The FTC 
seeks public comments on its proposal to extend through December 31, 
2013 the current OMB clearance for information collection requirements 
contained in its Prescreen Opt-Out Disclosure Rule. That clearance 
expires on December 31, 2010.

DATES: Comments must be filed by August 30, 2010.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form by following the instructions in the 
Request for Comments part of the SUPPLEMENTARY INFORMATION section 
below. Comments in electronic form should be submitted by using the 
following weblink: (https://public.commentworks.com/ftc/prescreenoptoutPRA) (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,

[[Page 37437]]

Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue, 
N.W., Washington, DC 20580, in the manner detailed in the SUPPLEMENTARY 
INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Katherine Armstrong, Attorney, Division of 
Privacy and Identity Protction, Bureau of Consumer Protection, Federal 
Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580, 
(202) 326-3250.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested parties are invited to submit written comments. Comments 
should refer to ``Prescreen Opt-Out Disclosure Rule: FTC File No. 
P075417'' 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 (https://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 ``[t]rade 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).\1\
---------------------------------------------------------------------------

    \1\ The 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).
---------------------------------------------------------------------------

    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/prescreenoptoutPRA (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/prescreenoptoutPRA).
    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 (https://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 (https://www.ftc.gov/ftc/privacy.shtm).
    Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain 
approval from OMB for each collection of information they conduct or 
sponsor. ``Collection of information'' means agency requests or 
requirements that members of the public submit reports, keep records, 
or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 
1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is 
providing this opportunity for public comment before requesting that 
OMB extend the existing paperwork clearance for the regulations noted 
herein.
    The FTC invites comments on: (1) whether the required collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility; 
(2) the accuracy of the agency's estimate of the burden of the required 
collection of information, including the validity of the methodology 
and assumptions used; (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 on those who are to 
respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    All comments should be filed as prescribed in the ADDRESSES section 
above, and must be received on or before August 30, 2010.

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

[[Page 37438]]

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 in-house 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.
---------------------------------------------------------------------------

    \2\ 72 FR 60672 (Oct. 25, 2007); 72 FR 42092 (Aug. 1, 2007). No 
comments were received in response to those notices.

Willard K. Tom
General Counsel
[FR Doc. 2010-15720 Filed 6-28-10: 2:08 pm]
BILLING CODE 6750-01-S
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