60-Day FR Notice

Federal Register / Vol. 90, No. 84 / Friday, May 2, 2025 / Notices
Resources Protection Act of 1977 [16
U.S.C. 470(aa)–470(ll)]; Archeological
and Historic Preservation Act [16 U.S.C.
469–469c]; Native American Grave
Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001–3013]; E.O.
11593 Protection and Enhancement of
Cultural Resources; E.O. 13007 Indian
Sacred Sites; E.O. 13287 Preserve
America; E.O. 13175 Consultation and
Coordination with Indian Tribal
Governments.
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; American Indian Religious
Freedom Act [42 U.S.C. 1996]; Farmland
Protection Policy Act (FPPA) [7 U.S.C.
4201–4209].
7. Wetlands and Water Resources:
Clean Water Act (Section 404, Section
401, Section 319) [33 U.S.C. 1251–
1377]; Coastal Barrier Resources Act [16
U.S.C. 3501–3510]; Coastal Zone
Management Act [16 U.S.C. 1451–1465];
Land and Water Conservation Fund
(LWCF) [16 U.S.C. 4601–4604]; Safe
Drinking Water Act (SDWA) [42 U.S.C.
300(f)–300(j)(6)]; Rivers and Harbors Act
of 1899 [33 U.S.C. 401–406]; Wild and
Scenic Rivers Act [16 U.S.C. 1271–
1287]; Emergency Wetlands Resources
Act, [16 U.S.C. 3921, 3931]; TEA–21
Wetlands Mitigation [23 U.S.C.
103(b)(6)(M), 133(b)(11)]; Flood Disaster
Protection Act [42 U.S.C. 4001–4128];
E.O. 11990 Protection of Wetlands; E.O.
11988 Floodplain Management.
8. Hazardous Materials:
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) [42 U.S.C. 9601–9675];
Superfund Amendments and
Reauthorization Act of 1986 (SARA);
Resource Conservation and Recovery
Act (RCRA) [42 U.S.C. 6901–6992(k)].
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
(Authority: 23 U.S.C. 139 (l)(1))

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Rachael Tupica,
Deputy Division Administrator, Federal
Highway Administration.
[FR Doc. 2025–07674 Filed 5–1–25; 8:45 am]
BILLING CODE 4910–RY–P

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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Comment Request; Identity
Theft Red Flags and Address
Discrepancies Under the Fair and
Accurate Credit Transactions Act of
2003
Office of the Comptroller of the
Currency, Treasury (OCC).
ACTION: Notice and request for comment.
AGENCY:

The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995 (PRA). In
accordance with the requirements of the
PRA, the OCC may not conduct or
sponsor, and respondents are not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The OCC is
soliciting comment concerning the
renewal of its information collection
titled, ‘‘Identity Theft Red Flags and
Address Discrepancies under the Fair
and Accurate Credit Transactions Act of
2003.’’
DATES: Comments must be received by
July 1, 2025.
ADDRESSES: Commenters are encouraged
to submit comments by email, if
possible. You may submit comments by
any of the following methods:
• Email: prainfo@occ.treas.gov.
• Mail: Chief Counsel’s Office,
Attention: Comment Processing, Office
of the Comptroller of the Currency,
Attention: 1557–0237, 400 7th Street
SW, Suite 3E–218, Washington, DC
20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
• Fax: (571) 293–4835.
Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0237’’ in your comment. In general, the
OCC will publish comments on
www.reginfo.gov without change,
including any business or personal
information provided, such as name and
address information, email addresses, or
phone numbers. Comments received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. Do not include any
information in your comment or
supporting materials that you consider
SUMMARY:

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18891

confidential or inappropriate for public
disclosure.
Following the close of this notice’s
60-day comment period, the OCC will
publish a second notice with a 30-day
comment period. You may review
comments and other related materials
that pertain to this information
collection beginning on the date of
publication of the second notice for this
collection by the method set forth in the
next bullet.
• Viewing Comments Electronically:
Go to www.reginfo.gov. Hover over the
‘‘Information Collection Review’’ tab
and click on ‘‘Information Collection
Review’’ from the drop-down menu.
From the ‘‘Currently under Review’’
drop-down menu, select ‘‘Department of
Treasury’’ and then click ‘‘submit.’’ This
information collection can be located by
searching by OMB control number
‘‘1557–0237’’ or ‘‘Identity Theft Red
Flags and Address Discrepancies under
the Fair and Accurate Credit
Transactions Act of 2003.’’ Upon
finding the appropriate information
collection, click on the related ‘‘ICR
Reference Number.’’ On the next screen,
select ‘‘View Supporting Statement and
Other Documents’’ and then click on the
link to any comment listed at the bottom
of the screen.
• For assistance in navigating
www.reginfo.gov, please contact the
Regulatory Information Service Center
at (202) 482–7340.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, Clearance Officer,
(202) 649–5490, Chief Counsel’s Office,
Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219. If you are deaf,
hard of hearing, or have a speech
disability, please dial 7–1–1 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), Federal
agencies must obtain approval from the
OMB for each collection of information
that they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of title 44 generally
requires Federal agencies to provide a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, before submitting the
collection to OMB for approval. To
comply with this requirement, the OCC
is publishing notice of the renewal/
revision of this collection.

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18892

Federal Register / Vol. 90, No. 84 / Friday, May 2, 2025 / Notices

Title: Identity Theft Red Flags and
Address Discrepancies under the Fair
and Accurate Credit Transactions Act of
2003.
OMB Control No.: 1557–0237.
Description: Section 114 of the Fair
and Accurate Credit Transactions Act of
2003 (FACT Act) 1 amended section 615
of the Fair Credit Reporting Act
(FCRA) 2 to require the Agencies 3 to
jointly issue:
• Guidelines for financial institutions
and creditors regarding identity theft
with respect to their account holders
and customers. (In developing the
guidelines, the Agencies are required to
identify patterns, practices, and specific
forms of activity that indicate the
possible existence of identity theft. The
guidelines must be updated as often as
necessary and cannot be inconsistent
with the policies and procedures
required under section 326 of the USA
PATRIOT Act, (31 U.S.C. 5318(l));
• Regulations that require each
financial institution and each creditor to
establish reasonable policies and
procedures for implementing the
guidelines to identify possible risks to
account holders or customers or to the
safety and soundness of the institution
or customers; and
• Regulations generally requiring
credit and debit card issuers to assess
the validity of change of address
requests under certain circumstances.
Section 315 of the FACT Act 4 also
amended section 605 of FCRA to require
the Bureau of Consumer Financial
Protection (CFPB), in consultation with
the Agencies, to issue regulations
providing guidance regarding what
reasonable policies and procedures a
user of consumer reports must have in
place and employ when a user receives
a notice of address discrepancy from a
consumer reporting agency (CRA).
These regulations are required to
describe reasonable policies and
procedures for users of consumer
reports to:
• Enable a user to form a reasonable
belief that it knows the identity of the
1 15

U.S.C. 1681m(e).
U.S.C. 1681m.
3 Section 114 required the guidelines and
regulations to be issued jointly by the Federal
banking agencies (OCC, Board of Governors of the
Federal Reserve System, and Federal Deposit
Insurance Corporation), the National Credit Union
Administration, and the Federal Trade Commission.
Therefore, for purposes of this filing, ‘‘Agencies’’
refers to these entities. Section 1088(a)(8) of the
Dodd-Frank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act) further amended
section 615 of FCRA to also require the Securities
and Exchange Commission and the Commodity
Futures Trading Commission to issue Red Flags
guidelines and regulations.
4 15 U.S.C. 1681c(h)(2).

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person for whom it has obtained a
consumer report; and
• Reconcile the address of the
consumer with the CRA if the user
establishes a continuing relationship
with the consumer and regularly and, in
the ordinary course of business,
furnishes information to the CRA.
As required by section 114 of the
FACT Act, appendix J to 12 CFR part 41
contains guidelines for financial
institutions and creditors that are
national banks, Federal savings
associations, Federal branches or
agencies of a foreign bank, or any of
their operating subsidiaries that are not
functionally regulated to use in
identifying patterns, practices, and
specific forms of activity that may
indicate the existence of identity theft.
In addition, 12 CFR 41.90 requires each
financial institution or creditor that is a
national bank, Federal savings
association, Federal branch or agency of
a foreign bank, and any of their
operating subsidiaries that are not
functionally regulated, to establish an
Identity Theft Prevention Program
(Program) designed to detect, prevent,
and mitigate identity theft in connection
with covered accounts. Pursuant to
§ 41.91, credit card and debit card
issuers that are national banks, Federal
savings associations, Federal branches
or agencies of a foreign bank, or any of
their operating subsidiaries that are not
functionally regulated must establish
and implement reasonable policies and
procedures to assess the validity of a
request for a change of address under
certain circumstances.
Section 41.90 requires each OCCregulated financial institution or
creditor that offers or maintains one or
more covered accounts to develop and
implement a Program. In developing a
Program, financial institutions and
creditors are required to consider the
guidelines set forth in appendix J and
include in its Program those guidelines
that are appropriate. The initial Program
must be approved by the institution’s
board of directors or by an appropriate
committee thereof. The board, an
appropriate committee thereof, or a
designated employee at the level of
senior management must be involved in
the oversight, development,
implementation, and administration of
the Program. In addition, staff members
must be trained, as necessary, to
effectively implement the Program.
Pursuant to § 41.91, each credit and
debit card issuer is required to establish
and implement policies and procedures
to assess the validity of a change of
address request if it is followed within
a short period of time by a request for
an additional or replacement card.

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Before issuing the additional or
replacement card, the card issuer must
notify the cardholder of the request at
the cardholder’s former address or by
any other means of communication that
the card issuer and cardholder have
previously agreed to use and provide
the cardholder a reasonable means to
promptly report incorrect address
changes or use another means to assess
the validity of the change of address.
As required by section 315 of the
FACT Act, 12 CFR 1022.82 5 requires
users of consumer reports to have in
place reasonable policies and
procedures that must be followed when
a user receives a notice of address
discrepancy from a CRA.
Section 1022.82 requires each user of
consumer reports to develop and
implement reasonable policies and
procedures designed to enable the user
to form a reasonable belief that a
consumer report relates to the consumer
about whom it requested the report
when it receives a notice of address
discrepancy from a CRA. A user of
consumer reports also must develop and
implement reasonable policies and
procedures for furnishing a customer
address that the user has reasonably
confirmed to be accurate to the CRA
from which it receives a notice of
address discrepancy when the user can:
(1) form a reasonable belief that the
consumer report relates to the consumer
about whom the user has requested the
report; (2) establish a continuing
relationship with the consumer; and (3)
establish that it regularly and in the
ordinary course of business furnishes
information to the CRA from which it
received the notice of address
discrepancy.
Type of Review: Regular.
Affected Public: Individuals;
Businesses or other for-profit.
Estimated Number of Respondents:
1,172.
Estimated Total Annual Burden:
130,342 hours.
Comments submitted in response to
this notice will be summarized and
included in the request for OMB
approval. All comments will become a
matter of public record. Comments are
invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
OCC, including whether the information
shall have practical utility;
(b) The accuracy of the OCC’s
estimate of the burden of the collection
of information;
5 Title X of the Dodd-Frank Act transferred this
regulation to the CFPB. The OCC retains
enforcement authority for this regulation for
institutions with $10 billion or less in total assets.

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Federal Register / Vol. 90, No. 84 / Friday, May 2, 2025 / Notices
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Patrick T. Tierney,
Assistant Director, Office of the Comptroller
of the Currency.
[FR Doc. 2025–07642 Filed 5–1–25; 8:45 am]
BILLING CODE 4810–33–P

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Proposed Agency Information
Collection Activities; Comment
Request
Office of the Comptroller of the
Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint notice and request for
comment.
AGENCY:

In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the OCC,
the Board, and the FDIC (the agencies)
may not conduct or sponsor, and the
respondent is not required to respond
to, an information collection unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. The Federal Financial
Institutions Examination Council
(FFIEC), of which the agencies are
members, has approved the agencies’
publication for public comment of a
proposal to extend for three years,
without revision, the Market Risk
Regulatory Report for Institutions
Subject to the Market Risk Capital Rule
(FFIEC 102), which is currently an
approved collection of information for
each agency. At the end of the comment
period for this notice the FFIEC and the
agencies will review any comments
received to determine whether to
modify the proposal in response to
comments. As required by the PRA, the
agencies will then publish a second
Federal Register notice for a 30-day

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SUMMARY:

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comment period and submit the final
FFIEC 102 to OMB for review and
approval.
DATES: Comments must be submitted on
or before July 1, 2025.
ADDRESSES: Interested parties are
invited to submit written comments to
any or all of the agencies. All comments
will be shared among the agencies.
OCC: You may submit comments by
any of the following methods:
• Email: prainfo@occ.treas.gov.
• Mail: Chief Counsel’s Office, Office
of the Comptroller of the Currency,
Attention: 1557–0325, 400 7th Street
SW, Suite 3E–218, Washington, DC
20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0325’’ in your comment. In general, the
OCC will publish comments on
www.reginfo.gov without change,
including any business or personal
information provided, such as name and
address information, email addresses, or
phone numbers. Comments received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. Do not include any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
You may review comments and other
related materials that pertain to this
information collection beginning on the
date of publication of the second notice
for this collection by the following
method:
• Viewing Comments Electronically:
Go to www.reginfo.gov. Hover over the
‘‘Information Collection Review’’ drop
down menu and select ‘‘Information
Collection Review.’’ Underneath the
‘‘Currently under Review’’ section
heading, from the drop-down menu
select ‘‘Department of Treasury’’ and
then click ‘‘submit.’’ This information
collection can be located by searching
by OMB control number ‘‘1557–0325.’’
Upon finding the appropriate
information collection, click on the
related ‘‘ICR Reference Number.’’ On the
next screen, select ‘‘View Supporting
Statement and Other Documents’’ and
then click on the link to any comment
listed at the bottom of the screen.
• For assistance in navigating
www.reginfo.gov, please contact the
Regulatory Information Service Center
at (202) 482–7340.
Board: You may submit comments,
which should refer to ‘‘FFIEC 102
Revisions,’’ by any of the following
methods:

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• Agency Website: http://
www.federalreserve.gov. Follow the
instructions for submitting comments at:
http://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Email: regs.comments@
federalreserve.gov. Include ‘‘FFIEC 102
Revisions’’ in the subject line of the
message.
• Fax: (202) 395–6974.
• Mail: Ann E. Misback, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue NW, Washington,
DC 20551.
All public comments are available on
the Board’s website at https://
www.federalreserve.gov/apps/foia/
proposedregs.aspx as submitted, unless
modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information.
FDIC: You may submit comments,
which should refer to ‘‘FFIEC 102
Revisions,’’ by any of the following
methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/. Follow
the instructions for submitting
comments on the FDIC’s website.
• Email: comments@FDIC.gov.
Include ‘‘FFIEC 102 Revisions’’ in the
subject line of the message.
• Mail: Manuel E. Cabeza, Counsel,
Attn: Comments, Room MB–3128,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand delivered to the guard station at
the rear of the 550 17th Street NW
building (located on F Street NW) on
business days between 7 a.m. and 5 p.m.
• Public Inspection: All comments
received, including any personal
information provided, will be posted
without change to https://www.fdic.gov/
resources/regulations/federal-registerpublications/. Commenters should
submit only information that the
commenter wishes to make available
publicly. The FDIC may review, redact,
or refrain from posting all or any portion
of any comment that it may deem to be
inappropriate for publication, such as
irrelevant or obscene material. The FDIC
may post only a single representative
example of identical or substantially
identical comments, and in such cases
will generally identify the number of
identical or substantially identical
comments represented by the posted
example. All comments that have been
redacted, as well as those that have not
been posted, that contain comments on
the merits of this document will be
retained in the public comment file and

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