Agency Information Collection Activities; Proposed Collection; Comment Request, 95995-95997 [2016-31401]
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
Board of Governors of the Federal Reserve
System, December 23, 2016.
Yao-Chin Chao,
Assistant Secretary of the Board.
FEDERAL RESERVE SYSTEM
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications will also be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than January 23,
2017.
A. Federal Reserve Bank of Richmond
(Adam M. Drimer, Assistant Vice
President) 701 East Byrd Street,
Richmond, Virginia 23261–4528.
Comments can also be sent
electronically to
Comments.applications@rich.frb.org:
1. Access National Corporation,
Reston, Virginia; to acquire all of the
voting securities of Middleburg
Financial Corporation, and thereby
indirectly acquire Middleburg Bank,
both in Middleburg, Virginia.
In connection with this application,
Applicant has also applied to acquire
Middleburg Trust Company, Richmond,
Virginia, and Middleburg Investment
Group, Inc., Middleburg, Virginia, and
thereby engage in trust, funds
management, and investment advisory
activities pursuant to sections
225.28(b)(5), (b)(6)(i) and (b)(7)(i),
respectively.
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[FR Doc. 2016–31580 Filed 12–28–16; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
Federal Trade Commission
(FTC or Commission).
ACTION: Notice.
AGENCY:
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, for
three years, the current PRA clearance
for information collection requirements
contained in its Rule Governing Pre-sale
Availability of Written Warranty Terms.
That clearance expires on March 31,
2017.
DATES: Comments must be received on
or before February 27, 2017.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the instructions in the
Request for Comments part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Warranty Rules:
Paperwork Comment, FTC File No.
P044403’’ on your comment, and file
your comment online at https://
ftcpublic.commentworks.com/ftc/
presaleavailabilityrulepra by following
the instructions on the web-based form.
If you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Requests for copies of the collection of
information and supporting
documentation should be addressed to
Christine M. Todaro, Attorney, Division
of Marketing Practices, Bureau of
Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW., CC–8528, Washington, DC 20580,
(202) 326–3711.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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95995
Proposed Information Collection
Activities
Under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501–3520, federal
agencies must get OMB approval for
each collection of information they
conduct, sponsor, or require.
‘‘Collection of information’’ means
agency requests or requirements to
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 PRA clearance
for the information collection
requirements associated with the
Commission’s Rule Governing Pre-sale
Availability of Written Warranty Terms,
(the Pre-sale Availability Rule), 16 CFR
part 702 (OMB Control Number 3084–
0112).
The FTC invites comments on: (1)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden of the proposed 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. All
comments must be received on or before
February 27, 2017.
The Pre-sale Availability Rule, 16 CFR
702, is one of three rules 1 that the FTC
issued as required by the Magnuson
Moss Warranty Act, 15 U.S.C. 2301 et
seq. (Warranty Act or Act).2 The Pre-sale
Availability Rule requires sellers and
warrantors to make the text of any
written warranty on a consumer product
costing more than $15 available to the
consumer before sale. Among other
things, the Rule requires sellers to make
the text of the warranty readily available
either by (1) displaying it in close
proximity to the product or (2)
furnishing it on request and posting
signs in prominent locations advising
consumers that the warranty is
available. The Rule requires warrantors
to provide materials to enable sellers to
comply with the Rule’s requirements
and also sets out the methods by which
1 The other two rules relate to the information
that must appear in a written warranty on a
consumer product costing more than $15 if a
warranty is offered and minimum standards for
informal dispute settlement mechanisms that are
incorporated into a written warranty.
2 40 FR 60168 (Dec. 31, 1975).
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
warranty information can be made
available before the sale if the product
is sold through catalogs, mail order, or
door to door sales. In addition, in 2016,
the FTC revised the Rule to allow
warrantors to post warranty terms on
Internet Web sites if they also provide
a non-Internet based method for
consumers to obtain the warranty terms
and satisfy certain other conditions. The
revised Rule also allows certain sellers
to display warranty terms pre-sale in an
electronic format if the warrantor has
used the online method of
disseminating warranty terms.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Pre-Sale Availability Rule Burden
Statement
Total annual hours burden: 2,823,803
hours.
In its 2013 submission to OMB, FTC
staff estimated that the information
collection burden of making the
disclosures required by the Pre-sale
Availability Rule was approximately
2,446,610 hours per year. Staff has
adjusted upward its previous estimate of
the number of manufacturers subject to
the Rule based on recent Census data.
From that, staff now estimates that there
are approximately 1,028 large
manufacturers and 30,299 small
manufacturers subject to the Rule. In
addition, recent Census data suggests
that there are an estimated 7,745 large
retailers and 508,575 small retailers
impacted by the Rule.
In September 2016, the FTC approved
amendments to the Pre-sale Availability
Rule, which became effective on
October 12, 2016. Under the
amendments, warrantors may display
warranty terms online and provide
information to consumers to obtain
those terms via non-Internet means. The
amendments also allow sellers to
provide pre-sale warranty terms
electronically or conventionally if the
warrantor has chosen to display its
warranty terms online. 81 FR 63664
(Sept. 15, 2016). Sellers of warranted
goods for which the warrantor has
chosen the online method may incur a
slightly increased burden because the
seller will have to ensure it provides
consumers a method of reviewing the
warranty terms at the point of sale, prior
to sale. That burden, however, should
be minimal, given that the warrantor
will have to make the warranty terms
available on an Internet Web site, and
given the provision requiring the
warrantor to supply a hard copy of the
warranty terms, promptly and free of
charge, in response to a seller’s or a
consumer’s request. In addition, any
burden on sellers could be offset by
sellers having additional flexibility to
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18:41 Dec 28, 2016
Jkt 241001
make pre-sale warranty terms available
to consumers electronically.
Therefore, staff continues to estimate
that large retailers spend an average of
20.8 hours per year and small retailers
spend an average 4.8 hours per year to
comply with the Rule. Accordingly, the
total annual burden for retailers is
approximately 2,602,256 hours ((7,745
large retailers × 20.8 burden hours) +
(508,575 small retailers × 4.8 burden
hours)). Staff also estimates that more
manufacturers will provide retailers
with warranty information in electronic
form in fulfilling their obligations under
the Rule and thus staff has adjusted the
hour burden for manufacturers as it did
in its previous submission to OMB.
Applying a 20% reduction to its
previous estimates, staff now assumes
that large manufacturers spend an
average of 26.88 hours per year and that
small manufacturers spend an average
of 6.4 hours per year to comply with the
Rule. Accordingly, the total annual
burden incurred by manufacturers is
approximately 221,547 hours ((1,028
large manufacturers × 26.88 hours) +
(30,299 small manufacturers × 6.4
hours)).
Thus, the total annual burden for all
covered entities is approximately
2,823,803 hours (2,602,256 hours for
retailers + 221,547 hours for
manufacturers).
Total annual labor cost: $62,123,688.
The work required to comply with the
Pre-sale Availability Rule entails a mix
of clerical work and work performed by
sales associates. Staff estimates that half
of the total burden hours would likely
be performed by sales associates. At the
manufacturing level, this work would
entail ensuring that the written warranty
is available for every warranted
consumer product. At the retail level,
this work would entail ensuring that the
written warranty is made available to
the consumer prior to sale. The
remaining half of the work required to
comply with the Pre-sale Availability
Rule is clerical in nature, e.g., shipping
or otherwise providing copies of
manufacturer warranties to retailers and
retailer maintenance of them. Applying
a sales associate wage rate of $24/hour
to half of the burden hours and a
clerical wage rate of $20/hour to half of
the burden hours, the total annual labor
cost burden is approximately
$62,123,688 (1,411,902 hours × $24 per
hour) + (1,411,902 hours × $20 per
hour).3
Total annual capital or other nonlabor costs: De minimis.
3 The wage rates are derived from occupational
data found in the Bureau of Labor Statistics,
Occupational Employment and Wages (May 2015).
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The vast majority of retailers and
warrantors already have developed
systems to provide the information the
Rule requires. Compliance by retailers
typically entails keeping warranties on
file, in binders or otherwise, and posting
an inexpensive sign indicating warranty
availability. Warrantor compliance
under the 2016 amendments entails
providing retailers, together with the
warranted good, a copy of the warranty
or the address of the warrantor’s
Internet Web site where the consumer
can review and obtain the warranty
terms, along with the contact
information where the consumer may
use a non-Internet based method to
obtain a free copy of the warranty terms.
Commission staff believes that, in light
of the amendments, annual capital or
other non-labor costs will remain de
minimis.
Request for Comments
You can file a comment online or on
paper. Write ‘‘Pre-sale Availability Rule:
Paperwork Comment, FTC File No.
P044403’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the public
Commission Web site, at https://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the
Commission tries to remove individuals’
home contact information from
comments before placing them on the
Commission Web site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’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. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which is . . .
privileged or confidential,’’ as discussed
in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c). Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest. Postal
mail addressed to the Commission is
subject to delay due to heightened
security screening. As a result, the
Commission encourages you to submit
your comments online. To make sure
that the Commission considers your
online comment, you must file it at
https://ftcpublic.commentworks.com/
ftc/presaleavailabilitypra, by following
the instructions on the Web-based form.
If this Notice appears at https://
www.regulations.gov, you also may file
a comment through that Web site.
If you file your comment on paper,
write ‘‘Pre-sale Availability Rule:
Paperwork Comment, FTC File No.
P044403’’ on your comment and on the
envelope, and mail or deliver it to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue NW., Washington,
DC 20580. If possible, submit your
paper comment to the Commission by
courier or overnight service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice.
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 on or
before February 27, 2017. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2016–31401 Filed 12–28–16; 8:45 am]
BILLING CODE 6750–01–P
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OFFICE OF GOVERNMENT ETHICS
Agency Information Collection
Activities; Submission for OMB
Review; Proposed Collection;
Comment Request for a Modified OGE
Form 201 Ethics in Government Act
Access Form
AGENCY:
Office of Government Ethics
(OGE).
Notice of request for agency and
public comments.
ACTION:
After publication of this
second round notice, OGE intends to
SUMMARY:
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18:41 Dec 28, 2016
Jkt 241001
submit a modified OGE Form 201 Ethics
in Government Act access form to the
Office of Management and Budget
(OMB) for review and approval of a
three-year extension under the
Paperwork Reduction Act of 1995. The
OGE Form 201 is used by persons
requesting access to executive branch
public financial disclosure reports and
other covered records.
DATES: Written comments by the public
and the agencies on this proposed
extension are invited and must be
received on or before January 30, 2017.
ADDRESSES: You may submit comments
on this paperwork notice to the Office
of Management and Budget, Attn: Desk
Officer for OGE, via fax at 202–395–
6974 or email at OIRA_Submission@
omb.eop.gov. (Include reference to
‘‘OGE Form 201 paperwork comment’’
in the subject line of the message.)
FOR FURTHER INFORMATION CONTACT:
Brandon Steele at the U.S. Office of
Government Ethics; telephone: 202–
482–9209; TTY: 800–877–8339; FAX:
202–482–9237; Email: basteele@oge.gov.
An electronic copy of the OGE Form 201
version used to manually submit access
requests to OGE or other executive
branch agencies by mail or FAX is
available in the Forms Library section of
OGE’s Web site at https://www.oge.gov. A
paper copy may also be obtained,
without charge, by contacting Mr.
Steele. An automated version of the
OGE Form 201, also available on OGE’s
Web site, enables the requester to
electronically fill out, submit, and
receive access to financial reports and
certain related records for individuals
who have been nominated by the
President to executive branch positions
requiring Senate confirmation and
individuals who have declared their
candidacy for the Office of the President
of the United States.
SUPPLEMENTARY INFORMATION:
Title: Request to Inspect or Receive
Copies of Executive Branch Personnel
Public Financial Disclosure Reports or
Other Covered Records.
Agency Form Number: OGE Form
201.
OMB Control Number: 3209–0002.
Type of Information Collection:
Extension with modifications of a
currently approved collection.
Type of Review Request: Regular.
Respondents: Individuals requesting
access to executive branch public
financial disclosure reports and other
covered records.
Estimated Annual Number of
Respondents: 1,003.
Estimated Time per Response: 10
minutes.
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95997
Estimated Total Annual Burden: 170
hours.
Abstract: The OGE Form 201 collects
information from, and provides certain
information to, persons who seek access
to OGE Form 278 Public Financial
Disclosure Reports, including OGE
Form 278–T Periodic Transaction
Reports, and other covered records. The
form reflects the requirements of the
Ethics in Government Act, subsequent
amendments pursuant to the STOCK
Act, and OGE’s implementing
regulations that must be met by a person
before access can be granted. These
requirements include the address of the
requester, as well as any other person on
whose behalf a record is sought, and
acknowledgement that the requester is
aware of the prohibited uses of
executive branch public disclosure
financial reports. See 5 U.S.C. app.
105(b) and (c) and 402 (b)(1) and 5 CFR
2634.603(c) and (f). Executive branch
departments and agencies are
encouraged to utilize the OGE Form 201
for individuals seeking access to public
financial disclosure reports and other
covered documents. OGE permits
departments and agencies to use or
develop their own forms as long as the
forms collect and provide all of the
required information.
OGE is proposing modifications to the
automated version of the OGE Form
201, available only through the OGE
Web site at www.oge.gov. Initially
launched in March 2012, the automated
version of the access form originally
enabled a requestor to obtain
immediately upon Web site submission
of the completed form, those financial
disclosure reports of individuals who
have been nominated by the President
to executive branch positions requiring
Senate confirmation. OGE recently
modified the technological process used
to provide the information and no
longer allows requesters to immediately
download reports upon submission of
the automated OGE Form 201. Instead,
the forms are first reviewed by an OGE
employee for completeness before the
information is sent to the requester
either by email or mail, according to the
requester’s preference. Adding this step
helps ensure that the requirements of
section 105(b) of the Ethics in
Government Act are met before public
financial disclosure reports are released.
Because of this change in procedure, a
requester using the automated OGE
Form 201 now has the option of either
providing a mailing address including
street, city, state, and country
information (as was previously
required) or providing an email address
plus city, state, and country
information. Depending on which
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Agencies
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 95995-95997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31401]
=======================================================================
-----------------------------------------------------------------------
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, for three years, the current PRA
clearance for information collection requirements contained in its Rule
Governing Pre-sale Availability of Written Warranty Terms. That
clearance expires on March 31, 2017.
DATES: Comments must be received on or before February 27, 2017.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comments part of the
SUPPLEMENTARY INFORMATION section below. Write ``Warranty Rules:
Paperwork Comment, FTC File No. P044403'' on your comment, and file
your comment online at https://ftcpublic.commentworks.com/ftc/presaleavailabilityrulepra by following the instructions on the web-
based form. If you prefer to file your comment on paper, mail or
deliver your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Requests for copies of the collection
of information and supporting documentation should be addressed to
Christine M. Todaro, Attorney, Division of Marketing Practices, Bureau
of Consumer Protection, Federal Trade Commission, 600 Pennsylvania
Avenue NW., CC-8528, Washington, DC 20580, (202) 326-3711.
SUPPLEMENTARY INFORMATION:
Proposed Information Collection Activities
Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520,
federal agencies must get OMB approval for each collection of
information they conduct, sponsor, or require. ``Collection of
information'' means agency requests or requirements to 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 PRA clearance for the
information collection requirements associated with the Commission's
Rule Governing Pre-sale Availability of Written Warranty Terms, (the
Pre-sale Availability Rule), 16 CFR part 702 (OMB Control Number 3084-
0112).
The FTC invites comments on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed 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. All comments must be received on or before February 27,
2017.
The Pre-sale Availability Rule, 16 CFR 702, is one of three rules
\1\ that the FTC issued as required by the Magnuson Moss Warranty Act,
15 U.S.C. 2301 et seq. (Warranty Act or Act).\2\ The Pre-sale
Availability Rule requires sellers and warrantors to make the text of
any written warranty on a consumer product costing more than $15
available to the consumer before sale. Among other things, the Rule
requires sellers to make the text of the warranty readily available
either by (1) displaying it in close proximity to the product or (2)
furnishing it on request and posting signs in prominent locations
advising consumers that the warranty is available. The Rule requires
warrantors to provide materials to enable sellers to comply with the
Rule's requirements and also sets out the methods by which
[[Page 95996]]
warranty information can be made available before the sale if the
product is sold through catalogs, mail order, or door to door sales. In
addition, in 2016, the FTC revised the Rule to allow warrantors to post
warranty terms on Internet Web sites if they also provide a non-
Internet based method for consumers to obtain the warranty terms and
satisfy certain other conditions. The revised Rule also allows certain
sellers to display warranty terms pre-sale in an electronic format if
the warrantor has used the online method of disseminating warranty
terms.
---------------------------------------------------------------------------
\1\ The other two rules relate to the information that must
appear in a written warranty on a consumer product costing more than
$15 if a warranty is offered and minimum standards for informal
dispute settlement mechanisms that are incorporated into a written
warranty.
\2\ 40 FR 60168 (Dec. 31, 1975).
---------------------------------------------------------------------------
Pre-Sale Availability Rule Burden Statement
Total annual hours burden: 2,823,803 hours.
In its 2013 submission to OMB, FTC staff estimated that the
information collection burden of making the disclosures required by the
Pre-sale Availability Rule was approximately 2,446,610 hours per year.
Staff has adjusted upward its previous estimate of the number of
manufacturers subject to the Rule based on recent Census data. From
that, staff now estimates that there are approximately 1,028 large
manufacturers and 30,299 small manufacturers subject to the Rule. In
addition, recent Census data suggests that there are an estimated 7,745
large retailers and 508,575 small retailers impacted by the Rule.
In September 2016, the FTC approved amendments to the Pre-sale
Availability Rule, which became effective on October 12, 2016. Under
the amendments, warrantors may display warranty terms online and
provide information to consumers to obtain those terms via non-Internet
means. The amendments also allow sellers to provide pre-sale warranty
terms electronically or conventionally if the warrantor has chosen to
display its warranty terms online. 81 FR 63664 (Sept. 15, 2016).
Sellers of warranted goods for which the warrantor has chosen the
online method may incur a slightly increased burden because the seller
will have to ensure it provides consumers a method of reviewing the
warranty terms at the point of sale, prior to sale. That burden,
however, should be minimal, given that the warrantor will have to make
the warranty terms available on an Internet Web site, and given the
provision requiring the warrantor to supply a hard copy of the warranty
terms, promptly and free of charge, in response to a seller's or a
consumer's request. In addition, any burden on sellers could be offset
by sellers having additional flexibility to make pre-sale warranty
terms available to consumers electronically.
Therefore, staff continues to estimate that large retailers spend
an average of 20.8 hours per year and small retailers spend an average
4.8 hours per year to comply with the Rule. Accordingly, the total
annual burden for retailers is approximately 2,602,256 hours ((7,745
large retailers x 20.8 burden hours) + (508,575 small retailers x 4.8
burden hours)). Staff also estimates that more manufacturers will
provide retailers with warranty information in electronic form in
fulfilling their obligations under the Rule and thus staff has adjusted
the hour burden for manufacturers as it did in its previous submission
to OMB. Applying a 20% reduction to its previous estimates, staff now
assumes that large manufacturers spend an average of 26.88 hours per
year and that small manufacturers spend an average of 6.4 hours per
year to comply with the Rule. Accordingly, the total annual burden
incurred by manufacturers is approximately 221,547 hours ((1,028 large
manufacturers x 26.88 hours) + (30,299 small manufacturers x 6.4
hours)).
Thus, the total annual burden for all covered entities is
approximately 2,823,803 hours (2,602,256 hours for retailers + 221,547
hours for manufacturers).
Total annual labor cost: $62,123,688.
The work required to comply with the Pre-sale Availability Rule
entails a mix of clerical work and work performed by sales associates.
Staff estimates that half of the total burden hours would likely be
performed by sales associates. At the manufacturing level, this work
would entail ensuring that the written warranty is available for every
warranted consumer product. At the retail level, this work would entail
ensuring that the written warranty is made available to the consumer
prior to sale. The remaining half of the work required to comply with
the Pre-sale Availability Rule is clerical in nature, e.g., shipping or
otherwise providing copies of manufacturer warranties to retailers and
retailer maintenance of them. Applying a sales associate wage rate of
$24/hour to half of the burden hours and a clerical wage rate of $20/
hour to half of the burden hours, the total annual labor cost burden is
approximately $62,123,688 (1,411,902 hours x $24 per hour) + (1,411,902
hours x $20 per hour).\3\
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\3\ The wage rates are derived from occupational data found in
the Bureau of Labor Statistics, Occupational Employment and Wages
(May 2015).
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Total annual capital or other non-labor costs: De minimis.
The vast majority of retailers and warrantors already have
developed systems to provide the information the Rule requires.
Compliance by retailers typically entails keeping warranties on file,
in binders or otherwise, and posting an inexpensive sign indicating
warranty availability. Warrantor compliance under the 2016 amendments
entails providing retailers, together with the warranted good, a copy
of the warranty or the address of the warrantor's Internet Web site
where the consumer can review and obtain the warranty terms, along with
the contact information where the consumer may use a non-Internet based
method to obtain a free copy of the warranty terms. Commission staff
believes that, in light of the amendments, annual capital or other non-
labor costs will remain de minimis.
Request for Comments
You can file a comment online or on paper. Write ``Pre-sale
Availability Rule: Paperwork Comment, FTC File No. P044403'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including, to the
extent practicable, on the public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the
Commission tries to remove individuals' home contact information from
comments before placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, like anyone'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. You are also solely
responsible for making sure that your comment does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which is . . . privileged or confidential,'' as discussed in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a
[[Page 95997]]
request for confidential treatment, and you have to follow the
procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment
will be kept confidential only if the FTC General Counsel, in his or
her sole discretion, grants your request in accordance with the law and
the public interest. Postal mail addressed to the Commission is subject
to delay due to heightened security screening. As a result, the
Commission encourages you to submit your comments online. To make sure
that the Commission considers your online comment, you must file it at
https://ftcpublic.commentworks.com/ftc/presaleavailabilitypra, by
following the instructions on the Web-based form. If this Notice
appears at https://www.regulations.gov, you also may file a comment
through that Web site.
If you file your comment on paper, write ``Pre-sale Availability
Rule: Paperwork Comment, FTC File No. P044403'' on your comment and on
the envelope, and mail or deliver it to the following address: Federal
Trade Commission, Office of the Secretary, Room H-113 (Annex J), 600
Pennsylvania Avenue NW., Washington, DC 20580. If possible, submit your
paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice. 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 on or before February 27,
2017. You can find more information, including routine uses permitted
by the Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2016-31401 Filed 12-28-16; 8:45 am]
BILLING CODE 6750-01-P