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Notice2026-06056

Agency Information Collection Activities; Proposed Collection; Comment Request; Extension

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Published
March 30, 2026

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 information collection requirements contained in the agency's Rule Governing Pre-Sale Availability of Written Warranty Terms. The current clearance expires on July 31, 2026.

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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Notices]
[Pages 15616-15617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06056]



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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 
information collection requirements contained in the agency's Rule 
Governing Pre-Sale Availability of Written Warranty Terms. The current 
clearance expires on July 31, 2026.

DATES: Comments must be filed by May 29, 2026.

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. Write ``Paperwork Reduction 
Act Comment: FTC File No. P044403,'' 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, Mail 
Stop H-144 (Annex E), Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Sung W. Kim, Attorney, Division of 
Marketing Practices, Bureau of Consumer Protection, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, (202) 
326-2211; <a href="/cdn-cgi/l/email-protection#46352d2f2b700620322568212930"><span class="__cf_email__" data-cfemail="6c1f0705015a2c0a180f420b031a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Title: Pre-Sale Availability of Written Warranty Terms (Pre-Sale 
Availability Rule or Rule), 16 CFR part 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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    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: 2,611,826.
    In its 2023 submission to OMB, FTC staff estimated that the 
information collection burden of making the disclosures required by the 
Pre-Sale Availability Rule was approximately 2,764,837 hours per year. 
Although there has been no change in the Rule's information collection 
requirements since 2023, staff has adjusted downward its previous 
estimate of the number of manufacturers subject to the Rule based on 
recent Census data.\4\ Based on that data, staff now estimates that 
there are approximately 26,131 manufacturers subject to the Rule.\5\ In 
addition, staff has adjusted downward its previous estimate of the 
number of retailers subject to the Rule based on recent Census data.\6\ 
There are now an estimated 493,621 retailers impacted by the Rule.\7\ 
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.
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    \4\ The Number of Firms and Establishments, Employment, and 
Annual Payroll by State, Industry, and Enterprise Employment Size: 
2022, release date: 4/10/2025, available at <a href="https://www.census.gov/data/tables/2022/econ/susb-annual.html">https://www.census.gov/data/tables/2022/econ/susb-annual.html</a>.
    \5\ The 2023 estimate was that 27,094 manufacturers were subject 
to the Rule.
    \6\ Retail Trade: Summary Statistics for the U.S., States, and 
Selected Geographies: 2022 (EC2244BASIC), available at <a href="https://data.census.gov/table/ECNBASIC2022.EC2244BASIC?q=EC2244BASIC">https://data.census.gov/table/ECNBASIC2022.EC2244BASIC?q=EC2244BASIC</a>.
    \7\ The 2023 estimate was that 523,164 retailers were subject to 
the Rule.
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    In submissions prior to 2023, FTC 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. In its 2023 submission to OMB and again this year, staff applied 
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 2,468,105 hours (493,621 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 143,721 hours 
(26,131 manufacturers x 5.5 hours).
    Thus, the total annual burden for all covered entities is 
approximately 2,611,826 hours (2,468,105 hours for retailers + 143,721 
hours for manufacturers).
    Total annual labor cost: $73,131,128.
    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

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manufacturer warranties to retailers, along with retailer maintenance 
of the warranties. Applying a sales associate wage rate of $29/hour to 
half of the burden hours and a clerical wage rate of $27/hour to half 
of the burden hours, the total annual labor cost burden is 
approximately $73,131,128 (1,305,913 hours x $29 per hour) + (1,305,913 
hours x $27 per hour).
    Total annual capital or other non-labor costs: De minimis.
    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 Comment

    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 be practically useful; (2) the 
accuracy of the agency's estimate of the burden of the proposed 
collection of information, including whether the methodology and 
assumptions used are valid; (3) ways to enhance the quality, utility, 
and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information.
    For the FTC to consider a comment, we must receive it on or before 
May 29, 2026. 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.
    You can file a comment online or on paper. Due to heightened 
security screening, postal mail addressed to the Commission will be 
subject to delay. We encourage you to submit your comments online 
through the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
    If you file your comment on paper, write ``Paperwork Reduction Act 
Comment: FTC File No. P044403,'' on your comment and on the envelope, 
and mail it 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 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 (1) be filed in paper form, (2) be clearly labeled 
``Confidential,'' and (3) 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="http://www.regulations.gov">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 May 29, 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. 2026-06056 Filed 3-27-26; 8:45 am]
BILLING CODE 6750-01-P


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