Notice2022-18406

Agency Information Collection Activities; Submission for OMB Review; Comment Request

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
August 26, 2022

Issuing agencies

Federal Trade Commission

Abstract

The FTC requests that the Office of Management and Budget (OMB) extend for three years the current Paperwork Reduction Act (PRA) clearance for information collection requirements contained in the Telemarketing Sales Rule (TSR or Rule). That clearance expires on September 30, 2022.

Full Text

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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52568-52569]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18406]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

AGENCY: Federal Trade Commission (FTC).

ACTION: Notice and request for comment.

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SUMMARY: The FTC requests that the Office of Management and Budget 
(OMB) extend for three years the current Paperwork Reduction Act (PRA) 
clearance for information collection requirements contained in the 
Telemarketing Sales Rule (TSR or Rule). That clearance expires on 
September 30, 2022.

DATES: Comments must be received by September 26, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. The 
<a href="http://reginfo.gov">reginfo.gov</a> web link is a United States Government website produced by 
OMB and the General Services Administration (GSA). Under PRA 
requirements, OMB's Office of Information and Regulatory Affairs (OIRA) 
reviews Federal information collections.

FOR FURTHER INFORMATION CONTACT: Benjamin R. Davidson, Attorney, Bureau 
of Consumer Protection, (202) 326-3055, Federal Trade Commission, 600 
Pennsylvania Ave. NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 
    Title: Telemarketing Sales Rule, 16 CFR part 310.
    OMB Control Number: 3084-0097.
    Type of Review: Extension of a currently approved collection.

[[Page 52569]]

    Abstract: As required by the Telemarketing and Consumer Fraud and 
Abuse Prevention Act, 15 U.S.C. 6101-6108 (the Telemarketing Act), the 
TSR mandates certain disclosures for telephone sales and requires 
telemarketers to retain certain records regarding advertising, sales, 
and employees. The required disclosures provide consumers with 
information necessary to make informed purchasing decisions. The 
required records are to be made available for inspection by the 
Commission and other law enforcement personnel to determine compliance 
with the Rule. Required records may also yield information helpful to 
measuring and redressing consumer injury stemming from Rule violations.
    Likely Respondents: Telemarketers to consumers.
    Estimated Annual Hours Burden: 1,228,050 hours.
    <bullet> Disclosures (for live telemarketing calls and prerecorded 
calls): 1,215,946 hours (which is derived from 826,389 hours for pre-
sales disclosures + 363,048 hours for general sales disclosures + 
26,509 hours for specific sales disclosures).
    <bullet> Reporting: 219 hours.
    <bullet> Recordkeeping: 11,885 hours.
    Estimated Annual Labor Cost Burden: $18,367,441 (which is derived 
from $441,169 (recordkeeping) + $17,923,044 (disclosure) + $3,228 
(reporting).\1\
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    \1\ The hourly wage rates for sales and related workers are 
based on mean hourly wages found at <a href="https://www.bls.gov/news.release/ocwage.t01.htm">https://www.bls.gov/news.release/ocwage.t01.htm</a> (``Occupational Employment and Wages--
May 2021,'' U.S. Department of Labor, released March 2022, Table 1 
(``National employment and wage data from the Occupational 
Employment Statistics survey by occupation, May 2021'').
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    Estimated Annual Non-Labor Cost: $4,596,656 \2\ (which is derived 
from $219,250 (office supplies) + $4,377,406 (telephone charges)).
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    \2\ This estimate corrects the prior estimate of $4,642,347 that 
was set out in the 60-Day Federal Register notice.
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    On April 19, 2022, the FTC sought comment on the information 
collection requirements associated with the Rule. 87 FR 23177. The FTC 
received no germane comments during the public comment period. Pursuant 
to OMB regulations, 5 CFR part 1320, that implement the PRA, 44 U.S.C. 
3501 et seq., the FTC is providing this second opportunity for public 
comment while seeking OMB approval to renew the pre-existing clearance 
for the Rule. For more details about the Rule requirements and the 
basis for the calculations summarized below, see 87 FR 15995.
    Your comment--including your name and your state--will be placed on 
the public record of this proceeding. Because your comment will be made 
public, you are solely responsible for making sure that your comment 
does not include any sensitive personal information, such as 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, 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.

Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2022-18406 Filed 8-25-22; 8:45 am]
BILLING CODE 6750-01-P


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Indexed from Federal Register on August 26, 2022.

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