Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 1229-1231 [2023-00180]
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Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Notices
opportunity to be heard by the
Commission during the audit process?
Has the audit process become more
complex, costly, or inefficient? What
can the Commission do to improve the
audit process?
The Commission welcomes comments
on how it might increase fairness,
substantive and procedural due process,
efficiency, and effectiveness of the
Commission’s auditing of political
committees, and how the audit function
could best serve the Commission’s
mission and enhance disclosure and
compliance with the Act. The
Commission is particularly interested in
hearing from committees that have
directly interacted with the Commission
in the audit process, and their counsel,
on how the Commission’s audit policies
and procedures have facilitated or
hindered committees’ productive
interaction with the agency and
substantial compliance with the Act.
Draft Advisory Opinion 2022–25:
Senator Mike Crapo/Mike Crapo for
U.S. Senate
Management and Administrative
Matters
CONTACT PERSON FOR MORE INFORMATION:
Judith Ingram, Press Officer. Telephone:
(202) 694–1220.
Individuals who plan to attend in
person and who require special
assistance, such as sign language
interpretation or other reasonable
accommodations, should contact Laura
E. Sinram, Secretary and Clerk, at (202)
694–1040, at least 72 hours prior to the
meeting date.
(Authority: Government in the Sunshine Act,
5 U.S.C. 552b)
Laura E. Sinram,
Secretary and Clerk of the Commission.
[FR Doc. 2023–00286 Filed 1–5–23; 4:15 pm]
BILLING CODE 6715–01–P
On behalf of the Commission.
Dara S. Lindenbaum,
Chair, Federal Election Commission.
FEDERAL MEDIATION AND
CONCILIATION SERVICE
[FR Doc. 2023–00128 Filed 1–6–23; 8:45 am]
Training Evaluation
BILLING CODE 6715–01–P
Federal Mediation and
Conciliation Service (FMCS).
ACTION: 30-Day notice and request for
comments.
AGENCY:
FEDERAL ELECTION COMMISSION
Sunshine Act Meetings
FMCS requests evaluations
from clients to create tailored training as
well as post-training evaluations to
continue to provide world-class training
PLACE: Hybrid meeting: 1050 First Street
to all sectors.
NE, Washington, DC (12th Floor) and
DATES: Comments must be submitted on
virtual.
or before February 8, 2023.
Note: For those attending the meeting in
ADDRESSES
: You may submit comments,
person, current COVID–19 safety protocols
identified by Training Evaluation,
for visitors, which are based on the CDC
through one of the following methods:
COVID–19 community level in Washington,
DC, will be updated on the commission’s
• Email: register@fmcs.gov;
contact page by the Monday before the
• Mail: Office of the General Counsel,
meeting. See the contact page at https://
One Independence Square, 250 E. Street
www.fec.gov/contact/. If you would like to
SW, Washington, DC 20427. Please note
virtually access the meeting, see the
that at this time, mail is sometimes
instructions below.
delayed. Therefore, we encourage
STATUS: This meeting will be open to the emailed comments.
FOR FURTHER INFORMATION CONTACT:
public, subject to the above-referenced
Krystil Smith, ksmith@fmcs.gov, 202–
guidance regarding the COVID–19
606–5137.
community level and corresponding
health and safety procedures. To access
SUPPLEMENTARY INFORMATION: Copies of
the meeting virtually, go to the
the agency questions are available here.
commission’s website www.fec.gov and
I. Information Collection Request
click on the banner to be taken to the
meeting page.
Agency: Federal Mediation and
Conciliation
Service.
MATTERS TO BE CONSIDERED:
Form Number: Not yet assigned.
Audit Division Recommendation
Type of Request: New collection.
Memorandum on the Jim Risch for
Affected Entities: Federal
U.S. Senate Committee (A21–06)
Government, households and
Audit Division Recommendation
individuals, private sector (private
Memorandum on Sheila Jackson Lee
sector, not-for-profit institutions), State
for Congress (A21–05)
and local governments.
SUMMARY:
Thursday, January 12,
2023 at 10:30 a.m.
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TIME AND DATE:
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1229
Frequency: All affected entities are
requested to complete the information
collection on occasion. The information
collection takes approximately 2
minutes to complete.
Abstract: FMCS provides training
services to minimize workplace conflict.
To continue to provide the best training,
FMCS needs to solicit feedback on its
training services.
Burden: We expect to solicit 1,500
information collections annually, with
an estimated 2 minutes for completion.
We expect a response rate of 35%. The
respondent is asked to respond on
occasion (before or after the training).
Therefore, the estimated burden is 1,050
minutes.
II. Request for Comments
FMCS solicits comments to:
i. Evaluate whether the proposed
collections of information are necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility.
ii. Enhance the accuracy of the
agency’s estimates of the burden of the
proposed collection of information.
iii. Enhance the quality, utility, and
clarity of the information to be
collected.
iv. Minimize the burden of the
collections of information on those who
are to respond, including the use of
appropriate automated, electronic
collection technologies or other forms of
information technology.
III. 60-Day Comment Period
This information was previously
published in the Federal Register on
October 20, 2022, allowing for a 60-day
public comment period under
Document 2022–22729 at 87 FR 63776.
FMCS received no comments.
IV. The Official Record
The official records are both
electronic and paper records.
List of Subjects
Labor-Management Relations.
Dated: January 4, 2023.
Anna Davis,
General Counsel.
[FR Doc. 2023–00183 Filed 1–6–23; 8:45 am]
BILLING CODE 6732–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
E:\FR\FM\09JAN1.SGM
09JAN1
1230
Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Notices
The Federal Trade
Commission (FTC or Commission) is
seeking public comment on its proposal
to extend an additional three years the
Office of Management and Budget
clearance for information collection
requirements of its the FTC’s Rule
Governing Pre-Sale Availability of
Written Warranty Terms. The current
clearance expires on May 31, 2023.
DATES: Comments must be received on
or before March 10, 2023.
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 ‘‘Paperwork Reduction Act
Comment: FTC File No. P072108’’ 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, 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:
Laura Basford, Attorney, Division of
Marketing Practices, Bureau of
Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, (202) 326–
2343.
SUPPLEMENTARY INFORMATION:
Title: Pre-Sale Availability of Written
Warranty Terms (Pre-Sale Availability
Rule or Rule), 16 Part CFR 702.
OMB Control Number: 3084–0112.
Type of Review: Extension of a
currently approved collection.
Background: The Pre-Sale Availability
Rule, 16 CFR part 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)
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
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).
VerDate Sep<11>2014
18:21 Jan 06, 2023
Jkt 259001
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 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 websites if
they also provide a non-internet based
method for consumers to obtain the
warranty terms and satisfy certain other
conditions.3 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.
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 Pre-Sale Availability
Rule.
Burden Statement
Total annual hours burden:
2,764,837.
In its 2019 submission to OMB, FTC
staff estimated that the information
collection burden of making the
disclosures required by the Pre-sale
Availability Rule was approximately
3,069,314 hours per year. Although
there has been no change in the Rule’s
information collection requirements
since 2019, staff has adjusted downward
its previous estimate of the number of
manufacturers subject to the Rule based
on recent Census data. Based on that
data, staff now estimates that there are
approximately 27,094 manufacturers
subject to the Rule.4 In addition, staff
has adjusted downward its previous
estimate of the number of retailers
subject to the Rule based on recent
Census data. There are now an
estimated 523,164 retailers impacted by
the Rule.5 These estimates likely
overstate the number of manufacturers
and retailers because some of the
included manufacturers and retailers
may make and sell products that are not
covered by the Rule.
In prior years, staff categorized
retailers and manufacturers based on
3 81
FR 63664–70 (Sept. 15, 2016).
2019 estimate was that 31,029
manufacturers were subject to the Rule.
5 The 2019 estimate was that 575,177 retailers
were subject to the Rule.
4 The
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
their size, and applied different time
estimates for complying with the Rule
based on whether the entity was large or
small. This year, staff instead applies a
single time estimate to all retailers and
another to all manufacturers, regardless
of size. These estimates are intended to
be an average time burden, reflecting the
typical burden across the full spectrum
of retailers and manufacturers, and
taking into account the number of large
and small entities from prior years. This
approach is consistent with how staff
have estimated the time burden for the
Warranty Rule, 16 CFR part 701, another
rule the FTC issued under the Act.
Staff estimates that retailers spend, on
average, 5 hours per year to comply
with the Rule. Accordingly, the total
annual burden for retailers is
approximately 2,615,820 hours (523,164
retailers x 5 burden hours). Staff
estimates that manufacturers spend an
average of 5.5 hours per year to comply
with the Rule. Accordingly, the total
annual burden incurred by
manufacturers is approximately 149,017
hours (27,094 manufacturers × 5.5
hours).
Thus, the total annual burden for all
covered entities is approximately
2,764,837 hours (2,615,820 hours for
retailers + 149,017 hours for
manufacturers).
Total annual labor cost: $67,738,531.
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,
along with retailer maintenance of the
warranties. Applying a sales associate
wage rate of $26/hour to half of the
burden hours and a clerical wage rate of
$23/hour to half of the burden hours,
the total annual labor cost burden is
approximately $67,738,531 (1,382,419
hours × $26 per hour) + (1,382,419
hours × $23 per hour).6
Total annual capital or other nonlabor costs: De minimis.
6 The wage rates are derived from occupational
data found in the National Occupational
Employment and Wage Estimates—May 2021, U.S.
Bureau of Labor Statistics, released March 31, 2022:
https://www.bls.gov/oes/current/oes_nat.htm.
E:\FR\FM\09JAN1.SGM
09JAN1
Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Notices
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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 electronically, 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 website 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
Pursuant to Section 3506(c)(2)(A) of
the PRA, 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 maintaining records and
providing disclosures to consumers. All
comments must be received on or before
March 10, 2023.
You can file a comment online or on
paper. For the FTC to consider your
comment, we must receive it on or
before March 10, 2023. Write
‘‘Paperwork Reduction Act Comment:
FTC File No. P072108’’ on your
comment. 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.
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 prefer to file your comment on
paper, write ‘‘Paperwork Reduction Act
Comment: FTC File No. P072108’’ on
your comment and on the envelope, and
mail your comment to the following
address: Federal Trade Commission,
Office of the Secretary, 600
Pennsylvania Avenue NW, Suite CC–
VerDate Sep<11>2014
18:21 Jan 06, 2023
Jkt 259001
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. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
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 be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must 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
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1231
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before March 10, 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. 2023–00180 Filed 1–6–23; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), the Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) is seeking
public comment on its proposal to
extend for an additional three years the
Office of Management and Budget
(‘‘OMB’’) clearance for information
collection requirements in its Informal
Dispute Settlement Procedures Rule
(‘‘the Dispute Settlement Rule’’ or ‘‘the
Rule’’). The current clearance expires on
July 31, 2023.
DATES: Comments must be received on
or before March 10, 2023.
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 ‘‘Dispute Settlement Rule;
PRA Comment: FTC File No. P072108’’
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, 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:
Laura Basford, General Attorney,
Division of Marketing Practices, Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, (202) 326–
2343, lbasford@ftc.gov.
SUMMARY:
E:\FR\FM\09JAN1.SGM
09JAN1
Agencies
[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1229-1231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00180]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 1230]]
SUMMARY: The Federal Trade Commission (FTC or Commission) is seeking
public comment on its proposal to extend an additional three years the
Office of Management and Budget clearance for information collection
requirements of its the FTC's Rule Governing Pre-Sale Availability of
Written Warranty Terms. The current clearance expires on May 31, 2023.
DATES: Comments must be received on or before March 10, 2023.
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 ``Paperwork Reduction
Act Comment: FTC File No. P072108'' 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, 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: Laura Basford, Attorney, Division of
Marketing Practices, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, (202)
326-2343.
SUPPLEMENTARY INFORMATION:
Title: Pre-Sale Availability of Written Warranty Terms (Pre-Sale
Availability Rule or Rule), 16 Part CFR 702.
OMB Control Number: 3084-0112.
Type of Review: Extension of a currently approved collection.
Background: The Pre-Sale Availability Rule, 16 CFR part 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 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 websites if they also provide a non-internet based
method for consumers to obtain the warranty terms and satisfy certain
other conditions.\3\ 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).
\3\ 81 FR 63664-70 (Sept. 15, 2016).
---------------------------------------------------------------------------
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 Pre-Sale
Availability Rule.
Burden Statement
Total annual hours burden: 2,764,837.
In its 2019 submission to OMB, FTC staff estimated that the
information collection burden of making the disclosures required by the
Pre-sale Availability Rule was approximately 3,069,314 hours per year.
Although there has been no change in the Rule's information collection
requirements since 2019, staff has adjusted downward its previous
estimate of the number of manufacturers subject to the Rule based on
recent Census data. Based on that data, staff now estimates that there
are approximately 27,094 manufacturers subject to the Rule.\4\ In
addition, staff has adjusted downward its previous estimate of the
number of retailers subject to the Rule based on recent Census data.
There are now an estimated 523,164 retailers impacted by the Rule.\5\
These estimates likely overstate the number of manufacturers and
retailers because some of the included manufacturers and retailers may
make and sell products that are not covered by the Rule.
---------------------------------------------------------------------------
\4\ The 2019 estimate was that 31,029 manufacturers were subject
to the Rule.
\5\ The 2019 estimate was that 575,177 retailers were subject to
the Rule.
---------------------------------------------------------------------------
In prior years, staff categorized retailers and manufacturers based
on their size, and applied different time estimates for complying with
the Rule based on whether the entity was large or small. This year,
staff instead applies a single time estimate to all retailers and
another to all manufacturers, regardless of size. These estimates are
intended to be an average time burden, reflecting the typical burden
across the full spectrum of retailers and manufacturers, and taking
into account the number of large and small entities from prior years.
This approach is consistent with how staff have estimated the time
burden for the Warranty Rule, 16 CFR part 701, another rule the FTC
issued under the Act.
Staff estimates that retailers spend, on average, 5 hours per year
to comply with the Rule. Accordingly, the total annual burden for
retailers is approximately 2,615,820 hours (523,164 retailers x 5
burden hours). Staff estimates that manufacturers spend an average of
5.5 hours per year to comply with the Rule. Accordingly, the total
annual burden incurred by manufacturers is approximately 149,017 hours
(27,094 manufacturers x 5.5 hours).
Thus, the total annual burden for all covered entities is
approximately 2,764,837 hours (2,615,820 hours for retailers + 149,017
hours for manufacturers).
Total annual labor cost: $67,738,531.
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,
along with retailer maintenance of the warranties. Applying a sales
associate wage rate of $26/hour to half of the burden hours and a
clerical wage rate of $23/hour to half of the burden hours, the total
annual labor cost burden is approximately $67,738,531 (1,382,419 hours
x $26 per hour) + (1,382,419 hours x $23 per hour).\6\
---------------------------------------------------------------------------
\6\ The wage rates are derived from occupational data found in
the National Occupational Employment and Wage Estimates--May 2021,
U.S. Bureau of Labor Statistics, released March 31, 2022: https://www.bls.gov/oes/current/oes_nat.htm.
---------------------------------------------------------------------------
Total annual capital or other non-labor costs: De minimis.
[[Page 1231]]
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
electronically, 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 website 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
Pursuant to Section 3506(c)(2)(A) of the PRA, 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 maintaining records and providing disclosures to
consumers. All comments must be received on or before March 10, 2023.
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before March 10, 2023. Write
``Paperwork Reduction Act Comment: FTC File No. P072108'' on your
comment. 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.
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 prefer to file your comment on paper, write ``Paperwork
Reduction Act Comment: FTC File No. P072108'' on your comment and on
the envelope, and 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; 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. If possible, submit your paper
comment to the Commission by courier or overnight service.
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 be filed in paper form, must be clearly labeled
``Confidential,'' and must 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 March 10,
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. 2023-00180 Filed 1-6-23; 8:45 am]
BILLING CODE 6750-01-P