Notice2023-28899
Agency Information Collection Activities; Submission for OMB Review; 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
January 3, 2024
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission ("FTC" or "Commission") requests that the Office of Management and Budget ("OMB") extend for an additional three years the current Paperwork Reduction Act ("PRA") clearance for information collection requirements contained in the FTC's Use of Prenotification Negative Option Plans ("Negative Option Rule" or "Rule"). That clearance expires on January 31, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 377-378]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28899]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
requests that the Office of Management and Budget (``OMB'') extend for
an additional three years the current Paperwork Reduction Act (``PRA'')
clearance for information collection requirements contained in the
FTC's Use of Prenotification Negative Option Plans (``Negative Option
Rule'' or ``Rule''). That clearance expires on January 31, 2024.
DATES: Comments must be filed by February 2, 2024.
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.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson, Attorney, Division
of Enforcement, Federal Trade Commission, Room CC-9528, 600
Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-2185.
SUPPLEMENTARY INFORMATION:
Title of Collection: Use of Prenotification Negative Option Plans
(Negative Option Rule or Rule), 16 CFR part 425.\1\
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\1\ The Commission recently published a Notice of Proposed
Rulemaking seeking comment on proposed amendments to the
Commission's Negative Option Rule. 88 FR 24716 (Apr. 24, 2023). The
present PRA Notice is not part of that proceeding and merely seeks
comment on the existing burden estimates for the current Rule, which
applies only to ``prenotification'' negative option plans.
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OMB Control Number: 3084-0104.
Type of Review: Extension without change of currently approved
collection.
Abstract: The Negative Option Rule governs the operation of
prenotification subscription plans. Under these types of plans--which
can include things such as a book of the month club, food of the month
club, or clothing items of the month club--a seller provides a consumer
with automatic shipments of merchandise unless the consumer
affirmatively notifies the seller they do not want the shipment. The
Rule requires that a seller notify a member that they will
automatically ship merchandise to the member and bill the member for
the merchandise if the subscriber fails to expressly reject the
merchandise beforehand within a prescribed time. The Rule protects
consumers by: (1) requiring that promotional materials disclose the
terms of membership clearly and conspicuously; and (2) establishing
procedures for the administration of such ``negative option'' plans.
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Affected Public: Private Sector: Sellers of prenotification
subscription plans.
Estimated Annual Burden Hours: 2,500 hours.
Estimated Annual Labor Costs: $152,350 (solely related to labor
costs).
Estimated Annual Non-Labor Costs: $0 or de minimis.
Request for Comment:
On August 30, 2023, the FTC sought public comment on the
information collection requirements associated with the Rule. 88 FR
59922 (Aug. 30, 2023). No relevant comments were received 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 88 FR 59922.
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 ensuring 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 ``[t]rade secret or any commercial or
financial information which is . . . privileged or confidential''--as
provided in Section 6(f) of the FTC Act 15 U.S.C. 46(f), and FTC Rule
4.10(a)(2), 16 CFR 4.10(a)(2)--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. 2023-28899 Filed 1-2-24; 8:45 am]
BILLING CODE 6750-01-P
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