Notice2023-09276
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
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
May 2, 2023
Issuing agencies
Federal Trade Commission
Abstract
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 clearance for its Rule Governing Pre- Sale Availability of Written Warranty Terms. The current clearance expires on May 31, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 84 (Tuesday, May 2, 2023)</title>
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[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27513-27514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09276]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: 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 clearance for its Rule Governing Pre-
Sale Availability of Written Warranty Terms. The current clearance
expires on May 31, 2023.
DATES: Comments must be filed by June 1, 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. 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 the Office of Management and Budget
(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: 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.
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\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).
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Likely Respondents: Manufacturers and retailers of consumer
products.
Estimated Annual Hours Burden: 2,764,837 hours (149,017 hours for
manufacturers + 2,615,820 hours for retailers).
<bullet> Manufacturers account for approximately 149,017 hours (27,094
manufacturers x 5.5 hours)
<bullet> Retailers account for approximately 2,615,820 hours (523,164
retailers x 5.0 burden hours)
Estimated Annual Cost Burden: $67,738,531 (which is derived from
$35,942,894 for sales associates + $31,795,637 for clerical workers).
<bullet> Sales Associates: (1,382,419 hours) ($26/hour) = $35,942,894
<bullet> Clerical Workers: (1,382,419 hours) ($23/hour) = $31,795,637
Total Annual Capital or Other Non-labor Costs: De minimis.
Request for Comment
On January 9, 2023, the FTC sought public comment on the
information collection requirements associated with the Rule. 88 FR
1229. No germane comments were received. Pursuant to the 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.
Your comment--including your name and your state--will be placed on
the
[[Page 27514]]
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. 2023-09276 Filed 5-1-23; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on May 2, 2023.
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