Académique Documents
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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
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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