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60672 Federal Register / Vol. 72, No.

206 / Thursday, October 25, 2007 / Notices

The applications listed below, as well FEDERAL TRADE COMMISSION https://secure.commentworks.com/ftc-


as other related filings required by the PrescreenOpt-Out. If this notice appears
Board, are available for immediate Agency Information Collection at http://www.regulations.gov, you may
inspection at the Federal Reserve Bank Activities; Submission for OMB also file an electronic comment through
indicated. The application also will be Review; Comment Request that Web site. The Commission will
available for inspection at the offices of AGENCY: Federal Trade Commission. consider all comments that http://
the Board of Governors. Interested www.regulations.gov forwards to it.
ACTION: Notice.
persons may express their views in All comments should additionally be
writing on the standards enumerated in SUMMARY: The information collection submitted to: Office of Management and
the BHC Act (12 U.S.C. 1842(c)). If the requirements described below will be Budget, Attention: Desk Officer for the
proposal also involves the acquisition of submitted to the Office of Management Federal Trade Commission. Comments
a nonbanking company, the review also and Budget (‘‘OMB’’) for review, as should be submitted via facsimile to
includes whether the acquisition of the required by the Paperwork Reduction (202) 395-6974 because U.S. Postal Mail
nonbanking company complies with the Act. The Federal Trade Commission is subject to lengthy delays due to
(‘‘FTC’’) is seeking public comments on heightened security precautions.
standards in section 4 of the BHC Act
its proposal to extend through The FTC Act and other laws the
(12 U.S.C. 1843). Unless otherwise November 30, 2010 the current OMB
noted, nonbanking activities will be Commission administers permit the
clearance for information collection collection of public comments to
conducted throughout the United States. requirements contained in its Prescreen consider and use in this proceeding as
Additional information on all bank Opt-Out Disclosure Rule. That clearance appropriate. All timely and responsive
holding companies may be obtained expires on November 30, 2007. public comments will be considered by
from the National Information Center DATES: Comments must be filed by the Commission and will be available to
website at www.ffiec.gov/nic/. November 26, 2007. the public on the FTC website, to the
Unless otherwise noted, comments ADDRESSES: Interested parties are extent practicable, at http://www.ftc.gov.
regarding each of these applications invited to submit written comments. As a matter of discretion, the FTC makes
must be received at the Reserve Bank Comments should refer to ‘‘Prescreen every effort to remove home contact
indicated or the offices of the Board of Opt-Out Disclosure Rule: FTC File No. information for individuals from the
Governors not later than November 16, P075417’’ to facilitate the organization public comments it receives before
2007. of comments. A comment filed in paper placing those comments on the FTC
form should include this reference both website. More information, including
A. Federal Reserve Bank of New
in the text and on the envelope and routine uses permitted by the Privacy
York (Anne MacEwen, Bank should be mailed or delivered, with two Act, may be found in the FTC’s privacy
Applications Officer) 33 Liberty Street, complete copies, to the following policy at http://www.ftc.gov/ftc/
New York, New York 10045-0001: address: Federal Trade Commission, privacy.htm.
1. Greater Rochester Bancorp, Inc., to Room H 135 (Annex J), 600
Pennsylvania Ave., NW., Washington, FOR FURTHER INFORMATION CONTACT:
become a bank holding company by
acquiring 100 percent of the voting DC 20580. Because paper mail in the Requests for additional information
Washington area and at the Commission should be addressed to Katherine
shares of Genesee Regional Bank, both
is subject to delay, please consider Armstrong, Attorney, Division of
of Rochester, New York.
submitting your comments in electronic Privacy and Identity Protection, Bureau
B. Federal Reserve Bank of Chicago of Consumer Protection, Federal Trade
form, as prescribed below. However, if
(Burl Thornton, Assistant Vice Commission, 600 Pennsylvania Avenue,
the comment contains any material for
President) 230 South LaSalle Street, which confidential treatment is NW., Washington, DC 20580, (202) 326-
Chicago, Illinois 60690-1414: requested, it must be filed in paper 3250.
1. NEB Corporation, Fond du Lac, form, and the first page of the document SUPPLEMENTARY INFORMATION: Under the
Wisconsin; to acquire 10.07 percent of must be clearly labeled Paperwork Reduction Act (‘‘PRA’’), 44
the voting shares of First Menasha ‘‘Confidential.’’1The FTC is requesting U.S.C. 3501-3520, federal agencies must
Bancshares, Inc., Neenah, Wisconsin, that any comment filed in paper form be obtain approval from OMB for each
and thereby indirectly acquire First sent by courier or overnight service, if collection of information they conduct
National Bank-Fox Valley, Neenah, possible. or sponsor. On August 1, 2007, the FTC
Wisconsin. Comments filed in electronic form sought comment on the information
should be submitted by using the collection requirements associated with
C. Federal Reserve Bank of following weblink: https:// the FTC’s Prescreen Opt-Out Disclosure
Minneapolis (Jacqueline G. King, secure.commentworks.com/ftc- Rule (‘‘Prescreen Rule’’ or ‘‘Rule), 16
Community Affairs Officer) 90 PrescreenOpt-Out (and following the CFR Part 642.2 No comments were
Hennepin Avenue, Minneapolis, instructions on the Web-based form). To received. Pursuant to the OMB
Minnesota 55480-0291: ensure that the Commission considers regulations that implement the PRA (5
1. Highland Bancshares, St. Michael, an electronic comment, you must file it CFR Part 1320), the FTC is providing
Minnesota; to acquire 100 percent of the on the Web-based form at the weblink: this second opportunity for public
voting shares of Ridgedale State Bank, comment while seeking OMB approval
Minnetonka, Minnesota. 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The
to extend the existing paperwork
comment must be accompanied by an explicit clearance for the Prescreen Rule. All
Board of Governors of the Federal Reserve request for confidential treatment, including the
mstockstill on PROD1PC66 with NOTICES

factual and legal basis for the request, and must comments should be filed as prescribed
System, October 19, 2007.
identify the specific portions of the comment to be in the ADDRESSES section above, and
Robert deV. Frierson, withheld from the public record. The request will must be received on or before November
Deputy Secretary of the Board. be granted or denied by the Commission’s General 26, 2007.
Counsel, consistent with applicable law and the
[FR Doc. E7–20995 Filed 10–24–07; 8:45 am] public interest. See Commission Rule 4.9(c), 16 CFR
BILLING CODE 6210–01–S 4.9(c). 2 72 FR 42091 (Aug. 1, 2007).

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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices 60673

Section 615(d) of the Fair Credit the front side of the first page of the The requirements of the Rule have not
Reporting Act (‘‘FCRA’’), 15 U.S.C. principal promotional document in the changed since OMB’s 2004 approval of
1681m(d)(1), requires any person who solicitation, or, if provided the final Rule. The previous estimates
uses a consumer report in order to make electronically, on the same page and in included a one-time burden to
an unsolicited firm offer of credit or close proximity to the principal reprogram and update systems to revise
insurance to a consumer to provide with marketing message. The Rule specifies existing notices and to re-format
each written solicitation a clear and that the type size be larger than the type solicitations to comply with the Rule.
conspicuous statement that: size of the principal text on the same Because the Rule has been in effect
(A) information contained in the page, but in no event smaller than 12- since August 1, 2005, covered entities
consumer’s consumer report was point type. If the notice is provided by have already incurred the one-time costs
used in connection with the electronic means, the entity providing it of transitioning to compliant notice
transaction; (B) the consumer must take reasonable steps to ensure formats. Accordingly, the annual PRA-
received the offer of credit or that the type size is larger than the type related burden associated with the Rule
insurance because the consumer size of the principal text on the same is now reduced. FTC staff believes that
satisfied the criteria for credit page. The Rule further provides that the the primary cost of continuing to
worthiness or insurability under long notice that appears elsewhere in comply with the Rule is limited to any
which the consumer was selected the solicitation be in a type size that is legal review each entity determines is
for the offer; (C) if applicable, the no smaller than the type size of the necessary to remain in compliance.
credit or insurance may not be principal text on the same page, but in FTC staff continues to estimate that
extended if, after the consumer no event smaller than 8-point type. The between 500 and 750 entities make
responds to the offer, the consumer long notice must begin with the heading prescreened solicitations. Because no
does not meet the criteria used to ‘‘PRESCREEN & OPT-OUT NOTICE,’’ additional revision or reformatting is
select the consumer for the offer or which must be in capital letters and necessary, however, staff has lowered
any applicable criteria bearing on underlined, set apart from other text on the estimate of the burden hours to
credit worthiness or insurability or the page, and in a type style that is approximately 2 hours (one quarter of
does not furnish any required distinct from the principal type style one business day), rather than the
collateral; (D) the consumer has a used on the same page. The Rule also estimated 8 hours that was the estimate
right to prohibit information includes model notices in English and to revise and reformat solicitations
contained in the consumer’s file Spanish. when the Rule was promulgated.
with any consumer reporting Accordingly, the total annual burden is
agency from being used in Burden statement: between 1,000 and 1,500 hours (500 to
connection with any credit or Estimated total annual hours burden: 750 entities x 2 hours of annual burden).
insurance transaction that is not 1,000 to 1,500 hours (rounded to the FTC staff assumes that in-house legal
initiated by the consumer; and (E) nearest thousand). counsel will handle most of the
the consumer may exercise the right Based on public comments received compliance review and has applied an
referred to in subparagraph (D) by in response to the Commission’s 2004 average hourly wage of $250/hour for
notifying a notification system Notice of Proposed Rulemaking,3 when their labor. Accordingly, the total cost
established under section 604(e) [of issuing the final Rule, the Commission for all affected entities would be
the FCRA]. estimated that the annual burden to between $250,000 and $375,000 (1000
Section 615(d)(1) of the FCRA, 15 industry would be between 43,600 and to 1,500 burden hours x $250 per hour
U.S.C. 1681m(d)(1). 45,600 hours.4 This estimate was of legal review time).
The Fair and Accurate Credit
comprised of 500 to 750 companies each
Transactions Act of 2003, Pub. L. 108- John D. Graubert,
spending 8 hours to revise an existing
159, 117 Stat. 1952 (‘‘FACT Act’’) was Acting General Counsel.
solicitation, plus 100 companies each
signed into law on December 4, 2003. [FR Doc. E7–21067 Filed 10–24–07: 8:45 am]
Section 213(a) of the FACT Act needing an additional 396 hours to
amended FCRA Section 615(d) to revise multiple solicitations ((500 BILLING CODE 6750–01–S

require that the statement mandated by companies x 8 burden hours + 39,600


Section 615(d) ‘‘be presented in such burden hours = 43,600 burden hours);
(750 companies x 8 burden hours + DEPARTMENT OF HEALTH AND
format and in such type size and
39,600 burden hours = 45,600 burden HUMAN SERVICES
manner as to be simple and easy to
understand, as established by the hours)).5 The Commission further
estimated that the total annual cost to Agency for Toxic Substances and
Commission, by rule, in consultation Disease Registry
with the Federal banking agencies and industry would be between $1,157,894
the National Credit Union and $1,213,329.6 [ATSDR–235]
Administration.’’ The Commission
published the Final Rule implementing
3 69 FR 58861 (Oct. 1, 2004). Proposed Substances To Be Evaluated
this provision in the Federal Register on
4 70 FR 5022 (Jan. 31, 2005). for Set 22 Toxicological Profiles
5 The Commission estimated that each of the 100
January 31, 2005, and the Rule became companies would revise 99 additional solicitations AGENCY: Agency for Toxic Substances
effective on August 1, 2005. and incur 4 hours of burden per solicitation (100 and Disease Registry (ATSDR),
The Rule adopted a ‘‘layered’’ notice companies x 99 solicitations x 4 hours of burden Department of Health and Human
approach that requires a short, simple, = 39,600 burden hours).
6 This estimate was based on Bureau of Labor Services (HHS).
and easy-to-understand statement of Statistics data (as of July, 2002), as follows: 2 hours ACTION: Request for comments on the
mstockstill on PROD1PC66 with NOTICES

consumers’ opt-out rights on the first of managerial/professional time at $31.55 per hour; proposed substances to be evaluated for
page of the prescreened solicitation, plus 6 hours of skilled technical labor at $26.44 per Set 22 toxicological profiles.
along with a longer statement hour; multiplied by 500 and 750 companies, for a
total of $110,870 and $166,305, respectively. These
containing additional details elsewhere sums were added to $1,047,024 (39,600 hours of
SUMMARY: This notice announces the list
in the solicitation. Specifically, the Rule skilled technical labor at $26.44 per hour) for of proposed substances that will be
requires that a short notice be placed on revising multiple solicitations. evaluated for CERCLA Set 22

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