On December 13, 2007, the Federal
Reserve published a joint notice of proposed rulemaking (72 FR
70944) to implement the provisions in section 312 of the Fair and
Accurate Credit Transactions Act (FACT Act) of 2003, which amends
the FCRA. As required by section 312, the agencies are proposing
guidelines for use by entities that furnish information about
consumers to a CRA regarding the accuracy and integrity of the
information that they furnish. The agencies are also proposing
regulations that would require each entity that furnishes
information to a CRA to establish reasonable policies and
procedures for implementing the guidelines. The comment period for
this notice expired on February 11, 2008. The agencies received
four comments from industry groups that specifically addressed
paperwork burden. In general, the commenters asserted that the
hourly estimate of the cost of compliance should be considerably
higher than the agencies projected. The commenters did not provide
specific estimates of additional burden hours that would result
from the proposal. In response to those comments, the agencies
increased the burden estimate attributable to updating respondents
policy and procedures discussed in the estimate of respondent
burden section below. As discussed in the supplemental information
section of the final rulemaking, the agencies recognized that a
one-size-fits all approach for implementing the guidelines is
inappropriate. The final rule specifies that a furnishers policies
and procedures must be appropriate to the nature, size, complexity,
and scope of the furnishers activities. The agencies expect that
the written policies and procedures for a small retail entity will
differ substantially from, and be significantly less complex than,
those of a multi-billion dollar financial services company. On July
1, 2009, a joint notice of final rulemaking was published in the
Federal Register adopting the amendments largely as proposed, with
mandatory compliance by July 1, 2010 (74 FR 31484).
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.