Notice2026-01459
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
January 26, 2026
Issuing agencies
Federal Trade Commission
Abstract
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 information collection requirements of its Funeral Industry Practice Rule ("Funeral Rule" or "Rule"). The current clearance expires on May 31, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 16 (Monday, January 26, 2026)</title>
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[Federal Register Volume 91, Number 16 (Monday, January 26, 2026)]
[Notices]
[Pages 3198-3200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01459]
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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: 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
information collection requirements of its Funeral Industry Practice
Rule (``Funeral Rule'' or ``Rule''). The current clearance expires on
May 31, 2026.
DATES: Comments must be received on or before March 27, 2026.
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 ``Funeral Rule PRA
Comment: FTC File No. P084401'' on your comment, and file your comment
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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, Attorney, Division of
Marketing Practices, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580,
<a href="/cdn-cgi/l/email-protection#6508010c060e001c250311064b020a13"><span class="__cf_email__" data-cfemail="b9d4ddd0dad2dcc0f9dfcdda97ded6cf">[email protected]</span></a>, (202) 326-2662.
SUPPLEMENTARY INFORMATION:
Title of Collection: Funeral Industry Practice Rule, 16 CFR part
453.
OMB Control Number: 3084-0025.
Type of Review: Extension of currently approved collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 152,305.
Estimated Annual Labor Costs: $5,067,797.
Estimated Annual Non-Labor Costs: $829,974.
Abstract
Under the PRA, 44 U.S.C. 3501-3521, Federal agencies must obtain
Office of Management and Budget (``OMB'') approval for each collection
of information they conduct or sponsor. ``Collection of information''
includes agency requests or requirements to submit reports, keep
records, or provide information to a third party. 44 U.S.C. 3502(3); 5
CFR 1320.3(c). 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.
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.
Burden Statement
Estimated burden hours for the tasks described herein are based on
the number of funeral providers (approximately 15,401),\1\ the number
of funerals per year (an estimated 3,279,857),\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 <a href="http://www.nfda.org/news/statistics">http://www.nfda.org/news/statistics</a> (Sept. 29, 2025).
\2\ The estimated number of funerals conducted annually is
derived from the National Center for Health Statistics (``NCHS''),
<a href="https://www.cdc.gov/nchs/nvss/deaths.htm">https://www.cdc.gov/nchs/nvss/deaths.htm</a>. According to NCHS,
3,279,857 deaths occurred in the United States in 2022, 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.).
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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 15,401 hours
per year (15,401 providers x 1 hour per year = 15,401 hours).
Staff anticipates that clerical personnel, at an hourly rate of
$16.51,\3\ will typically perform these tasks. Based on the estimated
burden of 15,401 hours, the estimated labor cost for recordkeeping is
$254,271.
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\3\ Bureau of Labor Statistics, ``Occupational Employment and
Wage Statistics Query: Death Care Services: May 2024'' available at
<a href="https://data.bls.gov/oes/#/industry/812200">https://data.bls.gov/oes/#/industry/812200</a>. 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 38,503 hours
(15,401 providers x 2.5 hours per year = 38,503 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 $41.21 per hour,\4\ and one hour of clerical
time, at $16.51 per hour, for a total annual labor cost of $1,206,283
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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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
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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 2,002 hours ((15,401 funeral providers x 13%) x (20
statements per year x 3 minutes per statement) = 2,002 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 $41.21 per hour.
Based on the estimated burden of 2,002 hours, the associated labor cost
would be $82,502.
3. The Funeral Rule also requires that funeral providers 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 65,597 hours (3,279,857
funerals per year x 12% x 10 minutes per inquiry = 65,597 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 $41.21 per hour.\8\ Based on the estimated burden of 65,597
hours, the associated labor cost is $2,703,252.
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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 30,802 hours (15,401 providers
x 4 employees per firm x 0.5 hours = 30,802 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 (funeral home
manager, funeral director, funeral service worker, and 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) a funeral home manager ($41.21
per hour); (b) a funeral arranger ($26.96 per hour); (c) a funeral
service worker ($22.00 per hour); and (d) a clerical receptionist or
administrative staff member ($16.51 per hour).\10\ This amounts to
$821,489, cumulatively, for all funeral homes (for each of the four
types of employees: per hour rate x 0.5 hours x 15,401 providers).
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\10\ Bureau of Labor Statistics, ``Occupational Employment and
Wage Statistics Query: Death Care Services: May 2024'' available at
<a href="https://data.bls.gov/oes/#/industry/812200">https://data.bls.gov/oes/#/industry/812200</a> (mean hourly wages for
funeral home managers; morticians, undertakers, and funeral
arrangers; funeral service workers; and receptionists and
information clerks).
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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 arrangement conducted,
at a cost of 25[cent] per copy,\11\ this would amount to 3,279,857
copies per year at a cumulative industry cost of $819,964 (3,279,857
funeral arrangements 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 2,002 providers (15,401
funeral providers x 13%) use the standard two-page form shown in the
compliance guide, at 25[cent] per copy, at an average of twenty
funerals per year, the added cost burden would be $10,010 (2,002
providers x 20 funerals per year x 25[cent]). Thus, estimated non-labor
costs total $829,974 ($819,964 + $10,010).
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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 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 27, 2026.
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before March 27, 2026. Write
``Funeral Rule PRA Comment: FTC File No. P084401'' on your comment.
Your comment--including your name and your state--will be placed on the
public record of this proceeding, including the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
If you prefer to file your comment on paper, write ``Funeral Rule
PRA Comment: FTC File No. P084401'' 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, Mail
Stop H-144 (Annex E), Washington, DC 20580.
Because your comment will become publicly available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 27,
2026. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2026-01459 Filed 1-23-26; 8:45 am]
BILLING CODE 6750-01-P
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