Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 77610-77613 [2022-27392]
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before February 17,
2023. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to nicole.ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0905.
Title: Section 18.213, Information to
the User (Regulations for RF Lighting
Devices).
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit; not-for-profit institutions.
Number of Respondents and
Responses: 250 respondents; 250
responses.
Estimated Time per Response: 1 hour.
Frequency of Response: Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 154(i), 301,
302, 303(e), 303(f), 303(r), 304 and 307.
Total Annual Burden: 250 hours.
Total Annual Cost: $18,750.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: This collection will
be submitted as an extension after this
60 day comment period to the Office of
Management and Budget (OMB) in order
to obtain the full three year clearance.
Section 18.213 (for which the
Commission is seeking continued OMB
approval) requires information on
industrial, scientific and medical
equipment shall be provided to the user
in the instruction manual or on the
packaging of an instruction manual is
not provided for any type of ISM
equipment. (a) The interference
potential of the device or system (b)
maintenance of the system; (c) simple
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measures that can be taken by the user
to correct interference; and (d)
manufacturers of RF lighting devices
must provide documentation, similar to
the following:
This product may cause interference
to radio equipment and should not be
installed near maritime safety
communications equipment or other
critical navigation or communication
equipment operating between 0.45–30
MHz. Variations of this language are
permitted provided all the points of the
statement are addressed and may be
presented in any legible font or text
style.
OMB Control Number: 3060–1269.
Title: Enhanced Geo-targeted Wireless
Emergency Alerts.
Form No.: N/A.
Type of Review: Extension of a
currently-approved collection.
Respondents: Individuals or
households; State, Local or Tribal
Government.
Number of Respondents and
Responses: 25,723 respondents; 25,723
responses.
Estimated Time per Response: 0.1167
hours (7 minutes).
Frequency of Response: One-time
reporting requirement.
Obligation to Respond: Voluntary.
Statutory authority for this information
collection is authorized under the
Warning, Alert and Response Network
Act, Title VI of the Security and
Accountability for Every Port Act of
2006 (120 Stat. 1884, section 602(a),
codified at 47 U.S.C. 1201, et seq.,
1202(a)) (WARN Act) and 47 U.S.C. 151,
154(i), 154(j), 154(o), 218, 219, 230, 256,
301, 302(a), 303(f), 303(g), 303(j), 303(r)
and 403.
Total Annual Burden: 3,000 hours.
Total Annual Cost: No Cost.
Privacy Act Impact Assessment: Yes.
The FCC is revising the Privacy Impact
Assessment (PIA) and modifying the
existing System of Records Notice
(SORN), FCC/PSHSB–1, FCC Emergency
and Continuity Contacts System (ECCS),
for the Public Safety Support System to
address the personally identifiable
information (PII) that will be collected,
used, and stored as part of the
information collection requirements.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: The WARN Act gives
the Commission authority to adopt
relevant technical standards, protocols,
procedures and other technical
requirements governing Wireless
Emergency Alerts (WEA). The
Commission adopted rules to
implement the WEA system (previously
known as the Commercial Mobile
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Service Alert System) pursuant to the
WARN Act to satisfy the Commission’s
mandate to promote the safety of life
and property through the use of wire
and radio communication. The WEA
system transmits emergency alerts to
WEA-capable mobile devices, providing
consumers with timely warnings and
information in emergencies. In 2018, the
Commission issued a Report & Order
requiring that Participating Commercial
Mobile Service Providers (providers)
implement enhanced geo-targeting
functionality by November 30, 2019 to
allow WEA alert originators (e.g., local
emergency management offices) to target
a WEA alert to eligible devices in a
prescribed geographic area (e.g., an area
where there is imminent threat of the
loss of life or property). See Federal
Communications Commission, Wireless
Emergency Alerts; Emergency Alert
System, 83 FR 8619, 8623 (Feb. 28,
2018) (announcing a Nov. 30, 2019
amendment to 47 CFR 10.450).
The Commission now seeks to
evaluate WEA performance, particularly
with respect to the accuracy of
providers’ geo-targeting capabilities. To
do so, the Commission will use surveys
to collect information and evaluate
performance during a WEA test. Survey
respondents affiliated with two alert
originators, partnered with the
Commission in different geographic
areas of the country, will be asked to
complete a preliminary survey. This
survey will improve the utility of a ‘‘live
test’’ survey, which respondents will
subsequently receive via a hyperlink
embedded in a WEA test alert. The
Commission has developed a survey,
which is available at https://
www.fcc.gov/wea. The Commission also
made available a Spanish-language
version of the test message at, https://
www.fcc.gov/wea-es. The information
sought in this collection is necessary
and vital to ensuring that WEA is
effective at protecting the life and
property of the public.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2022–27372 Filed 12–16–22; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL TRADE COMMISSION
[File No. P084401]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is seeking public comments on its
proposal to extend for an additional
three years the current Paperwork
Reduction Act (‘‘PRA’’) clearance for
information collection requirements
contained in the FTC’s Funeral Industry
Practice Rule (‘‘Funeral Rule’’ or
‘‘Rule’’). That clearance expires on July
31, 2023.
DATES: Comments must be filed by
February 17, 2023.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Funeral Rule PRA
Comment: FTC File No. P084401’’ on
your comment, and file your comment
online at https://www.regulations.gov by
following the instructions on the webbased form. If you prefer to file your
comment on paper, mail 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.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Melissa Dickey, Division of Marketing
Practices, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Ave. NW,
Washington, DC 20580, mdickey@
ftc.gov, (202) 326–2662.
SUPPLEMENTARY INFORMATION:
Title: Funeral Industry Practice Rule,
16 CFR part 453.
OMB Control Number: 3084–0025.
Type of Review: Extension without
change of currently approved collection.
Abstract: The Funeral Rule ensures
that consumers who are purchasing
funeral goods and services have access
to accurate itemized price information
so they can purchase only the funeral
goods and services they want or need.
Among other things, the Rule requires a
funeral provider to: (1) provide
consumers a copy of the funeral
provider’s General Price List that
itemizes the goods and services it offers;
(2) show consumers a Casket Price List
and an Outer Burial Container Price List
at the outset of any discussion of those
items or their prices, and in any event
before showing consumers caskets or
vaults; (3) provide price information
from its price lists over the telephone;
and (4) give consumers a Statement of
Funeral Goods and Services Selected
after determining the funeral
arrangements with the consumer during
an ‘‘arrangements conference.’’ The Rule
requires that funeral providers disclose
this information to consumers and
maintain records documenting their
compliance with the Rule.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
173,936.
Estimated Annual Labor Costs:
$5,387,875.
Estimated Annual Non-Labor Costs:
$858,202.
As required by section 3506(c)(2)(A)
of the PRA, 44 U.S.C. 3506(c)(2)(A), the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing clearance for
the information collection requirements
contained in the Funeral Rule.
Burden Statement
Estimated burden hours for the tasks
described below are based on the
number of funeral providers
(approximately 18,874),1 the number of
funerals per year (an estimated
3,383,729),2 and the time needed to
complete the information collection
tasks required by the Rule. Labor costs
Hours per
respondent
Hourly wage and labor category
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$39.86—Management Employees ..................................................................
$13.56—Clerical Workers ................................................................................
1 The estimated number of funeral providers is
from data provided on the National Funeral
Directors Association (‘‘NFDA’’) website. See
National Funeral Directors Association, ‘‘Statistics,’’
available at https://www.nfda.org/news/statistics
(Apr. 15, 2022).
2 The estimated number of funerals conducted
annually is derived from the National Center for
Health Statistics (‘‘NCHS’’), https://www.cdc.gov/
nchs/nvss/deaths.htm. According to NCHS,
3,383,729 deaths occurred in the United States in
2020, the most recent year for which final data is
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associated with the Funeral Rule are
derived by applying hourly cost figures
to the burden hours for each task.
Recordkeeping: The Rule requires that
funeral providers retain copies of price
lists and statements of funeral goods
and services selected by consumers for
one year. Commission staff estimates
that providers will spend approximately
one hour per provider per year on
compliance with this task, resulting in
a total burden of 18,874 hours per year
(18,874 providers × 1 hour per year =
18,874 hours).
Staff anticipates that clerical
personnel, at an hourly rate of $13.56,3
will typically perform these tasks. Based
on the estimated burden of 18,874
hours, the estimated labor cost for
recordkeeping is $255,931.
Disclosure: The Rule’s disclosure
requirements mandate that funeral
providers: (1) maintain current price
lists for funeral goods and services, (2)
provide written documentation of the
funeral goods and services selected by
consumers making funeral
arrangements, and (3) provide
information about funeral prices in
response to telephone inquiries.
1. Maintaining accurate price lists
may require that funeral providers
revise their price lists occasionally to
reflect price changes. Staff estimates
that this task requires 2.5 hours per
provider per year. Thus, the total
burden for covered providers is 47,185
hours (18,874 providers × 2.5 hours per
year = 47,185 hours).
Staff estimates that the 2.5 hours
required, on average, to update price
lists consists of approximately 1.5 hours
of managerial or professional time, at
$39.86 per hour,4 and one hour of
clerical time, at $13.56 per hour, for a
total annual labor cost of $1,384,408 for
maintaining price lists:
Total hourly
labor cost
Number of
respondents
Approx. total
annual labor
costs
1.5
1
$59.79
13.56
18,874
........................
$1,128,476
255,931
........................
........................
........................
1,384,408
available. Staff believes this estimate overstates the
number of funeral transactions conducted annually
because not all remains go to a funeral provider
covered by the Rule (e.g., remains sent directly to
a crematory that does not sell urns, remains sent to
a non-profit funeral provider, remains donated to a
medical school, unclaimed remains handled by a
local morgue or local government entity, etc.).
NFDA reports its average member home served
about 113 families in 2022, which, if multiplied by
the total number of homes (18,874 in 2022) would
amount to approximately 2,132,726 funerals.
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3 Bureau of Labor Statistics, ‘‘May 2021 National
Industry-Specific Occupational Employment and
Wage Estimates, NAICS 812200—Death Care
Services,’’ available at https://www.bls.gov/oes/
current/naics4_812200.htm#11-0000 (Mar. 31,
2022). Clerical estimates are based on the mean
hourly wage data for ‘‘receptionists and information
clerks.’’
4 Id. Managerial or professional estimates are
based on the mean hourly wage data for ‘‘funeral
home managers.’’
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
2. The rulemaking record indicates
that 87% or more of funeral providers
provided written documentation of
funeral arrangements prior to the
enactment of the Rule and would
continue to do so absent the Rule’s
requirements.5 Based on this data, staff
estimates that 13% of funeral providers
(typically, small funeral homes) may
prepare written documentation for
funeral goods and services selected by
consumers specifically due to the Rule’s
mandate. Staff estimates that these
smaller funeral homes arrange, on
average, approximately 20 funerals per
year and that it would take about three
minutes to record prices for each
consumer on the standard form. This
yields a total annual burden of 2,454
hours [(18,874 funeral providers × 13%)
× (20 statements per year × 3 minutes
per statement) = 2,454 hours].
Staff anticipates that managerial or
professional staff will typically perform
these tasks, at an hourly rate of $39.86
per hour. Based on the estimated burden
of 2,454 hours, the associated labor cost
would be $97,816.
3. The Funeral Rule also requires
funeral providers to provide information
about funeral prices in response to
telephone inquiries. The rulemaking
record indicates that approximately
12% of funeral purchasers request
funeral prices through telephone
inquiries, with each call lasting an
estimated 10 minutes.6 Assuming that
the average purchaser who makes
telephone inquiries places one call per
funeral to determine prices,7 the
estimated burden is 67,675 hours
(3,383,729 funerals per year × 12% × 10
minutes per inquiry = 67,675 hours).
Staff understands that managerial or
professional time is typically required to
respond to telephone inquiries about
prices, at an hourly rate of $39.86 per
hour.8 Based on the estimated burden of
67,675 hours, the associated labor cost
is $2,697,526.
Compliance Training: Staff believes
that annual training burdens associated
Hours per
respondent
Hourly wage and labor category
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$39.86—Funeral Home Managers ..................................................................
$26.98—Non-Manager Funeral Arrangers ......................................................
$20.49—Funeral Service Workers ..................................................................
$13.56—Clerical Workers ................................................................................
with the Rule are minimal because
compliance training is typically
included in continuing education for
state licensing and voluntary
certification programs. Staff estimates
that four employees per firm would
each require one half-hour, at most, per
year, for training attributable to the
Rule’s requirements.9 Thus, the total
estimated time for required training is
37,748 hours (18,874 providers × 4
employees per firm × 0.5 hours = 37,748
hours).
FTC staff further estimates labor costs
for employee time required for
compliance training as follows: (a)
funeral home manager ($39.86 per
hour); (b) funeral arrangers ($26.98 per
hour); (c) funeral service workers
($20.49 per hour); and (d) a clerical
receptionist or administrative staff
member ($13.56 per hour).10 This
amounts to $952,194, cumulatively, for
all funeral homes:
Total hourly
labor cost
Number of
respondents
Approx. total
annual labor
costs
0.5
0.5
0.5
0.5
$19.93
13.49
10.25
6.78
18,874
........................
........................
........................
$376,159
254,610
193,459
127,966
........................
........................
........................
952,194
Capital and other non-labor costs:
Staff estimates that the Rule imposes
minimal capital costs and no current
start-up costs. Funeral homes already
have access, for ordinary business
purposes, to the ordinary office
equipment needed for compliance, so
the Rule likely imposes minimal
additional capital expense.
Compliance with the Rule,
nonetheless, does entail some expense
to funeral providers for printing and
duplication of required disclosures.
Assuming, as required by the Rule, that
one copy of the general price list is
provided to consumers for each funeral
or cremation conducted, at a cost of 25¢
per copy,11 this would amount to
3,383,729 copies per year at a
cumulative industry cost of $845,932
(3,383,729 funerals per year × 25¢ per
copy). In addition, small funeral
providers that furnish consumers with a
statement of funeral goods and services
solely because of the Rule’s mandate 12
will incur printing and copying costs.
Assuming that those 2,454 providers
(18,874 funeral providers × 13%) use
the standard two-page form shown in
the compliance guide, at 25 cents per
copy, at an average of twenty funerals
per year, the added cost burden would
be $12,270 (2,454 providers × 20
funerals per year × 25¢). Thus,
estimated non-labor costs total $858,202
($845,932 + 12,270).
5 See 82 FR 12602, 12603 n.3 (2017). In a 2002
public comment, the National Funeral Directors
Association asserted that nearly every funeral home
had been providing consumers with some kind of
final statement in writing even before the Rule took
effect. Nonetheless, staff retains its estimate that
13% of funeral providers may provide written
disclosures solely due to the Rule’s requirements
based on the original rulemaking record.
6 82 FR 12602, 12603 (2017).
7 Although consumers who pre-plan their own
arrangements may comparison shop and call more
than one funeral home for pricing and other
information, consumers making ‘‘at need’’
arrangements after a death are less likely to take the
time to seek pricing information from more than
one home. Many do not seek pricing information by
telephone. Staff therefore believes that an average
of one call per funeral is an appropriate estimate.
8 Although some funeral providers may permit
staff who are not funeral directors to provide price
information by telephone, the great majority reserve
that task to a licensed funeral director. Since
funeral home managers are also licensed funeral
directors in most cases, FTC staff has used the mean
hourly wage for ‘‘funeral home managers’’ for this
calculation.
9 Funeral homes, depending on size and other
factors, may be run by as few as one owner,
manager, or other funeral director or multiple
directors at various compensation levels.
Extrapolating from past NFDA survey input, staff
has estimated that the average funeral home
employs approximately four employees (a funeral
home manager, funeral director, funeral service
worker, and a clerical receptionist) that may require
training associated with Funeral Rule compliance.
Compliance training for other employees (e.g.,
drivers, maintenance personnel, attendants) would
not be necessary.
10 Bureau of Labor Statistics, ‘‘May 2021 National
Industry-Specific Occupational Employment and
Wage Estimates, NAICS 812200—Death Care
Services,’’ available at https://www.bls.gov/oes/
current/naics4_812200.htm#11-0000 (Mar. 31,
2022) (mean hourly wages for funeral home
managers; morticians, undertakers, and funeral
arrangers; funeral service workers; and receptionists
and information clerks).
11 Although copies of the casket price list and
outer burial container price list must be shown to
consumers, the Rule does not require that they be
given to consumers. Thus, the cost of printing a
single copy of these two disclosures to show
consumers is de minimis, and is not included in
this estimate of printing costs.
12 See footnote 5.
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Request for Comment
Pursuant to section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
(1) whether the disclosure and
recordkeeping requirements are
necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (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.
For the FTC to consider a comment,
we must receive it on or before February
17, 2023. Your comment, including your
name and your state, will be placed on
the public record of this proceeding,
including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to the public health
emergency in response to the COVID–19
outbreak and the agency’s heightened
security screening, postal mail
addressed to the Commission will be
subject to delay. We encourage you to
submit your comments online through
the https://www.regulations.gov
website.
If you file your comment on paper,
write ‘‘Funeral Rule PRA Comment:
FTC File No. P084401’’ on your
comment and on the envelope, and mail
it to the following address: Federal
Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex J),
Washington, DC 20580.
Because your comment will become
publicly available at https://
www.regulations.gov, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by 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)—
including, in particular, competitively
sensitive information, such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
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Comments containing material for
which confidential treatment is
requested must (1) be filed in paper
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) comply with
FTC Rule 4.9(c). In particular, the
written request for confidential
treatment that accompanies the
comment must include the factual and
legal basis for the request and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted publicly at
www.regulations.gov, we cannot redact
or remove your comment unless you
submit a confidentiality request that
meets the requirements for such
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
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 17, 2023. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/site-information/
privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2022–27392 Filed 12–16–22; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0034; Docket No.
2022–0053; Sequence No. 24]
Information Collection; Examination of
Records by Comptroller General and
Contract Audit
77613
NASA invite the public to comment on
an extension concerning examination of
records by Comptroller General and
contract audit. DoD, GSA, and NASA
invite comments on: whether the
proposed collection of information is
necessary for the proper performance of
the functions of Federal Government
acquisitions, including whether the
information will have practical utility;
the accuracy of the estimate of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
OMB has approved this information
collection for use through May 31, 2023.
DoD, GSA, and NASA propose that
OMB extend its approval for use for
three additional years beyond the
current expiration date.
DATES: DoD, GSA, and NASA will
consider all comments received by
February 17, 2023.
ADDRESSES: DoD, GSA, and NASA
invite interested persons to submit
comments on this collection through
https://www.regulations.gov and follow
the instructions on the site. This website
provides the ability to type short
comments directly into the comment
field or attach a file for lengthier
comments. If there are difficulties
submitting comments, contact the GSA
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Instructions: All items submitted
must cite OMB Control No. 9000–0034,
Examination of Records by Comptroller
General and Contract Audit. Comments
received generally will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two-to-three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice and request for
comments.
A. OMB Control Number, Title, and
Any Associated Form(s)
In accordance with the
Paperwork Reduction Act of 1995, and
the Office of Management and Budget
(OMB) regulations, DoD, GSA, and
B. Need and Uses
This clearance covers the information
that contractors must submit to comply
AGENCY:
SUMMARY:
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[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77610-77613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27392]
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FEDERAL TRADE COMMISSION
[File No. P084401]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
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[[Page 77611]]
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comments on its proposal to extend for an additional
three years the current Paperwork Reduction Act (``PRA'') clearance for
information collection requirements contained in the FTC's Funeral
Industry Practice Rule (``Funeral Rule'' or ``Rule''). That clearance
expires on July 31, 2023.
DATES: Comments must be filed by February 17, 2023.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Funeral Rule PRA
Comment: FTC File No. P084401'' on your comment, and file your comment
online at https://www.regulations.gov by following the instructions on
the web-based form. If you prefer to file your comment on paper, mail
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.
FOR FURTHER INFORMATION CONTACT: Melissa Dickey, Division of Marketing
Practices, Bureau of Consumer Protection, Federal Trade Commission, 600
Pennsylvania Ave. NW, Washington, DC 20580, [email protected], (202) 326-
2662.
SUPPLEMENTARY INFORMATION:
Title: Funeral Industry Practice Rule, 16 CFR part 453.
OMB Control Number: 3084-0025.
Type of Review: Extension without change of currently approved
collection.
Abstract: The Funeral Rule ensures that consumers who are
purchasing funeral goods and services have access to accurate itemized
price information so they can purchase only the funeral goods and
services they want or need. Among other things, the Rule requires a
funeral provider to: (1) provide consumers a copy of the funeral
provider's General Price List that itemizes the goods and services it
offers; (2) show consumers a Casket Price List and an Outer Burial
Container Price List at the outset of any discussion of those items or
their prices, and in any event before showing consumers caskets or
vaults; (3) provide price information from its price lists over the
telephone; and (4) give consumers a Statement of Funeral Goods and
Services Selected after determining the funeral arrangements with the
consumer during an ``arrangements conference.'' The Rule requires that
funeral providers disclose this information to consumers and maintain
records documenting their compliance with the Rule.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 173,936.
Estimated Annual Labor Costs: $5,387,875.
Estimated Annual Non-Labor Costs: $858,202.
As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the Funeral Rule.
Burden Statement
Estimated burden hours for the tasks described below are based on
the number of funeral providers (approximately 18,874),\1\ the number
of funerals per year (an estimated 3,383,729),\2\ and the time needed
to complete the information collection tasks required by the Rule.
Labor costs associated with the Funeral Rule are derived by applying
hourly cost figures to the burden hours for each task.
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\1\ The estimated number of funeral providers is from data
provided on the National Funeral Directors Association (``NFDA'')
website. See National Funeral Directors Association, ``Statistics,''
available at https://www.nfda.org/news/statistics (Apr. 15, 2022).
\2\ The estimated number of funerals conducted annually is
derived from the National Center for Health Statistics (``NCHS''),
https://www.cdc.gov/nchs/nvss/deaths.htm. According to NCHS,
3,383,729 deaths occurred in the United States in 2020, the most
recent year for which final data is available. Staff believes this
estimate overstates the number of funeral transactions conducted
annually because not all remains go to a funeral provider covered by
the Rule (e.g., remains sent directly to a crematory that does not
sell urns, remains sent to a non-profit funeral provider, remains
donated to a medical school, unclaimed remains handled by a local
morgue or local government entity, etc.). NFDA reports its average
member home served about 113 families in 2022, which, if multiplied
by the total number of homes (18,874 in 2022) would amount to
approximately 2,132,726 funerals.
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Recordkeeping: The Rule requires that funeral providers retain
copies of price lists and statements of funeral goods and services
selected by consumers for one year. Commission staff estimates that
providers will spend approximately one hour per provider per year on
compliance with this task, resulting in a total burden of 18,874 hours
per year (18,874 providers x 1 hour per year = 18,874 hours).
Staff anticipates that clerical personnel, at an hourly rate of
$13.56,\3\ will typically perform these tasks. Based on the estimated
burden of 18,874 hours, the estimated labor cost for recordkeeping is
$255,931.
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\3\ Bureau of Labor Statistics, ``May 2021 National Industry-
Specific Occupational Employment and Wage Estimates, NAICS 812200--
Death Care Services,'' available at https://www.bls.gov/oes/current/naics4_812200.htm#11-0000 (Mar. 31, 2022). Clerical estimates are
based on the mean hourly wage data for ``receptionists and
information clerks.''
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Disclosure: The Rule's disclosure requirements mandate that funeral
providers: (1) maintain current price lists for funeral goods and
services, (2) provide written documentation of the funeral goods and
services selected by consumers making funeral arrangements, and (3)
provide information about funeral prices in response to telephone
inquiries.
1. Maintaining accurate price lists may require that funeral
providers revise their price lists occasionally to reflect price
changes. Staff estimates that this task requires 2.5 hours per provider
per year. Thus, the total burden for covered providers is 47,185 hours
(18,874 providers x 2.5 hours per year = 47,185 hours).
Staff estimates that the 2.5 hours required, on average, to update
price lists consists of approximately 1.5 hours of managerial or
professional time, at $39.86 per hour,\4\ and one hour of clerical
time, at $13.56 per hour, for a total annual labor cost of $1,384,408
for maintaining price lists:
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\4\ Id. Managerial or professional estimates are based on the
mean hourly wage data for ``funeral home managers.''
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Approx. total
Hourly wage and labor category Hours per Total hourly Number of annual labor
respondent labor cost respondents costs
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$39.86--Management Employees.................... 1.5 $59.79 18,874 $1,128,476
$13.56--Clerical Workers........................ 1 13.56 .............. 255,931
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.............. .............. .............. 1,384,408
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[[Page 77612]]
2. The rulemaking record indicates that 87% or more of funeral
providers provided written documentation of funeral arrangements prior
to the enactment of the Rule and would continue to do so absent the
Rule's requirements.\5\ Based on this data, staff estimates that 13% of
funeral providers (typically, small funeral homes) may prepare written
documentation for funeral goods and services selected by consumers
specifically due to the Rule's mandate. Staff estimates that these
smaller funeral homes arrange, on average, approximately 20 funerals
per year and that it would take about three minutes to record prices
for each consumer on the standard form. This yields a total annual
burden of 2,454 hours [(18,874 funeral providers x 13%) x (20
statements per year x 3 minutes per statement) = 2,454 hours].
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\5\ See 82 FR 12602, 12603 n.3 (2017). In a 2002 public comment,
the National Funeral Directors Association asserted that nearly
every funeral home had been providing consumers with some kind of
final statement in writing even before the Rule took effect.
Nonetheless, staff retains its estimate that 13% of funeral
providers may provide written disclosures solely due to the Rule's
requirements based on the original rulemaking record.
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Staff anticipates that managerial or professional staff will
typically perform these tasks, at an hourly rate of $39.86 per hour.
Based on the estimated burden of 2,454 hours, the associated labor cost
would be $97,816.
3. The Funeral Rule also requires funeral providers to provide
information about funeral prices in response to telephone inquiries.
The rulemaking record indicates that approximately 12% of funeral
purchasers request funeral prices through telephone inquiries, with
each call lasting an estimated 10 minutes.\6\ Assuming that the average
purchaser who makes telephone inquiries places one call per funeral to
determine prices,\7\ the estimated burden is 67,675 hours (3,383,729
funerals per year x 12% x 10 minutes per inquiry = 67,675 hours).
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\6\ 82 FR 12602, 12603 (2017).
\7\ Although consumers who pre-plan their own arrangements may
comparison shop and call more than one funeral home for pricing and
other information, consumers making ``at need'' arrangements after a
death are less likely to take the time to seek pricing information
from more than one home. Many do not seek pricing information by
telephone. Staff therefore believes that an average of one call per
funeral is an appropriate estimate.
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Staff understands that managerial or professional time is typically
required to respond to telephone inquiries about prices, at an hourly
rate of $39.86 per hour.\8\ Based on the estimated burden of 67,675
hours, the associated labor cost is $2,697,526.
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\8\ Although some funeral providers may permit staff who are not
funeral directors to provide price information by telephone, the
great majority reserve that task to a licensed funeral director.
Since funeral home managers are also licensed funeral directors in
most cases, FTC staff has used the mean hourly wage for ``funeral
home managers'' for this calculation.
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Compliance Training: Staff believes that annual training burdens
associated with the Rule are minimal because compliance training is
typically included in continuing education for state licensing and
voluntary certification programs. Staff estimates that four employees
per firm would each require one half-hour, at most, per year, for
training attributable to the Rule's requirements.\9\ Thus, the total
estimated time for required training is 37,748 hours (18,874 providers
x 4 employees per firm x 0.5 hours = 37,748 hours).
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\9\ Funeral homes, depending on size and other factors, may be
run by as few as one owner, manager, or other funeral director or
multiple directors at various compensation levels. Extrapolating
from past NFDA survey input, staff has estimated that the average
funeral home employs approximately four employees (a funeral home
manager, funeral director, funeral service worker, and a clerical
receptionist) that may require training associated with Funeral Rule
compliance. Compliance training for other employees (e.g., drivers,
maintenance personnel, attendants) would not be necessary.
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FTC staff further estimates labor costs for employee time required
for compliance training as follows: (a) funeral home manager ($39.86
per hour); (b) funeral arrangers ($26.98 per hour); (c) funeral service
workers ($20.49 per hour); and (d) a clerical receptionist or
administrative staff member ($13.56 per hour).\10\ This amounts to
$952,194, cumulatively, for all funeral homes:
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\10\ Bureau of Labor Statistics, ``May 2021 National Industry-
Specific Occupational Employment and Wage Estimates, NAICS 812200--
Death Care Services,'' available at https://www.bls.gov/oes/current/naics4_812200.htm#11-0000 (Mar. 31, 2022) (mean hourly wages for
funeral home managers; morticians, undertakers, and funeral
arrangers; funeral service workers; and receptionists and
information clerks).
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Approx. total
Hourly wage and labor category Hours per Total hourly Number of annual labor
respondent labor cost respondents costs
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$39.86--Funeral Home Managers................... 0.5 $19.93 18,874 $376,159
$26.98--Non-Manager Funeral Arrangers........... 0.5 13.49 .............. 254,610
$20.49--Funeral Service Workers................. 0.5 10.25 .............. 193,459
$13.56--Clerical Workers........................ 0.5 6.78 .............. 127,966
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.............. .............. .............. 952,194
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Capital and other non-labor costs: Staff estimates that the Rule
imposes minimal capital costs and no current start-up costs. Funeral
homes already have access, for ordinary business purposes, to the
ordinary office equipment needed for compliance, so the Rule likely
imposes minimal additional capital expense.
Compliance with the Rule, nonetheless, does entail some expense to
funeral providers for printing and duplication of required disclosures.
Assuming, as required by the Rule, that one copy of the general price
list is provided to consumers for each funeral or cremation conducted,
at a cost of 25[cent] per copy,\11\ this would amount to 3,383,729
copies per year at a cumulative industry cost of $845,932 (3,383,729
funerals per year x 25[cent] per copy). In addition, small funeral
providers that furnish consumers with a statement of funeral goods and
services solely because of the Rule's mandate \12\ will incur printing
and copying costs. Assuming that those 2,454 providers (18,874 funeral
providers x 13%) use the standard two-page form shown in the compliance
guide, at 25 cents per copy, at an average of twenty funerals per year,
the added cost burden would be $12,270 (2,454 providers x 20 funerals
per year x 25[cent]). Thus, estimated non-labor costs total $858,202
($845,932 + 12,270).
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\11\ Although copies of the casket price list and outer burial
container price list must be shown to consumers, the Rule does not
require that they be given to consumers. Thus, the cost of printing
a single copy of these two disclosures to show consumers is de
minimis, and is not included in this estimate of printing costs.
\12\ See footnote 5.
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Request for Comment
Pursuant to section 3506(c)(2)(A) of the PRA, the FTC invites
comments on:
[[Page 77613]]
(1) whether the disclosure and recordkeeping requirements are
necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (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.
For the FTC to consider a comment, we must receive it on or before
February 17, 2023. Your comment, including your name and your state,
will be placed on the public record of this proceeding, including the
https://www.regulations.gov website.
You can file a comment online or on paper. Due to the public health
emergency in response to the COVID-19 outbreak and the agency's
heightened security screening, postal mail addressed to the Commission
will be subject to delay. We encourage you to submit your comments
online through the https://www.regulations.gov website.
If you file your comment on paper, write ``Funeral Rule PRA
Comment: FTC File No. P084401'' on your comment and on the envelope,
and mail it to the following address: Federal Trade Commission, Office
of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J),
Washington, DC 20580.
Because your comment will become publicly available at https://www.regulations.gov, you are solely responsible for making sure that
your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else'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, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
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)--including, in particular, competitively sensitive
information, such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must (1) be filed in paper form, (2) be clearly labeled
``Confidential,'' and (3) comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted publicly at www.regulations.gov, we cannot redact or remove
your comment unless you submit a confidentiality request that meets the
requirements for such treatment under FTC Rule 4.9(c), and the General
Counsel grants that request.
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 17,
2023. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2022-27392 Filed 12-16-22; 8:45 am]
BILLING CODE 6750-01-P
