82 FR 13605 - Agency Information Collection Activities; Submission for OMB Review; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 48 (March 14, 2017)

Page Range		13605-13607
FR Document		2017-04929

In compliance with the Paperwork Reduction Act (PRA) of 1995, the FTC is seeking public comments on its request to OMB for a three- year extension of the current PRA clearance for information collection requirements contained in its Rule Governing Pre-sale Availability of Written Warranty Terms. That clearance expires on March 31, 2017.

Federal Register, Volume 82 Issue 48 (Tuesday, March 14, 2017)

[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Pages 13605-13607]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-04929]

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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: In compliance with the Paperwork Reduction Act (PRA) of 1995,
the FTC is seeking public comments on its request to OMB for a three-
year extension of the current PRA clearance for information collection
requirements contained in its Rule Governing Pre-sale Availability of
Written Warranty Terms. That clearance expires on March 31, 2017.

DATES: Comments must be received by April 13, 2017.

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 ``Warranty Rules:
Paperwork Comment, FTC File No. P044403'' on your comment, and file
your comment online at https://ftcpublic.commentworks.com/ftc/presaleavailabilityrule2pra 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, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC
20024.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the proposed information requirements should be addressed to
Christine M. Todaro, Attorney, Division of Marketing Practices, Bureau
of Consumer Protection, Federal Trade Commission, 600 Pennsylvania
Avenue NW., CC-8528, Washington, DC 20580, (202) 326-3711.

SUPPLEMENTARY INFORMATION:

[[Page 13606]]

Title: Pre-sale Availability of Written Warranty Terms (Pre-Sale
Availability Rule or Rule), 16 CFR 702.
OMB Control Number: 3084-0112.
Type of Review: Extension of a currently approved collection.
Abstract: On December 29, 2016, the FTC sought public comment on
the information collection requirements associated with Regulation O.
81 FR 95995. No germane comments were received.\1\ 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.
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\1\ The Commission received six non-germane comments.
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The Pre-sale Availability Rule, 16 CFR. 702, is one of three rules
\2\ that the FTC issued as required by the Magnuson Moss Warranty Act,
15 U.S.C. 2301 et seq. (Warranty Act or Act).\3\ 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 Web sites if they also provide a non-Internet based
method for consumers to obtain the warranty terms and satisfy certain
other conditions. 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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\2\ 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.
\3\ 40 FR 60168 (Dec. 31, 1975).
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Likely Respondents: Manufacturers and retailers of consumer
products.
Estimated Annual Hours Burden: 2,823,803 hours (221,547 hours for
manufacturers + 2,602,256 hours for retailers).

Manufacturers account for approximately 221,547 hours ((1,028
large manufacturers x 26.88 hours) + (30,299 small manufacturers x 6.4
hours))
Retailers account for approximately 2,602,256 hours ((7,745
large retailers x 20.8 burden hours) + (508,575 small retailers x 4.8
burden hours))

Estimated Annual Cost Burden: $62,123,688 (which is derived from
$33,885,648 for sales associates + $28,238,040 for clerical
workers).\4\
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\4\ The wage rates used in this Notice reflect data from the
Bureau of Labor Statistics, Occupational Employment and Wages (May
2015), available at http://www.bls.gov/news.release/pdf/ocwage.pdf.

Sales Associates: (1,411,902 hours) ($24/hour) = $33,885,648
Clerical Workers: (1,411,902 hours) ($20/hour) = $28,238,040

Total Annual Capital or Other Non-labor Costs: De minimis.

Request for Comment

You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before April 13, 2017.
Write ``Warranty Rules: Paperwork Comment, FTC File No. P044403'' on
your comment. Your comment, including your name and your state--will be
placed on the public record of this proceeding, including, to the
extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the
Commission tries to remove individuals' home contact information from
comments before placing them on the Commission Web site.
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, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which is . . . privileged or confidential,'' as discussed 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). In particular, do not include competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you are required to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept
confidential only if the FTC General Counsel grants your request in
accordance with the law and the public interest.
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comment online, or to send it to the Commission by courier or
overnight service. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/presaleavailabilityrule2pra, by following the instructions on the
Web-based form. If this Notice appears at http://www.regulations.gov,
you also may file a comment through that Web site.
If you file your comment on paper, write ``Warranty Rules:
Paperwork 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, Room H-113 (Annex J), 600
Pennsylvania Avenue NW., Washington, DC 20580, or deliver your comment
to the following address: Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite
5610 (Annex J), Washington, DC 20024. If possible, submit your paper
comment to the Commission by courier or overnight service.
Visit the Commission Web site at http://www.ftc.gov to read this
Notice. 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 April 13,
2017. You can find more information, including routine uses permitted
by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.shtm.
Comments on the information collection requirements subject to
review under the PRA should also be submitted to OMB. If sent by U.S.
mail, address comments to: Office of Information and Regulatory
Affairs, Office of Management and Budget, Attention: Desk Officer for
the Federal Trade Commission, New Executive

[[Page 13607]]

Office Building, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503. Comments sent to OMB by U.S. postal mail,
however, are subject to delays due to heightened security precautions.
Thus, comments instead should be sent by facsimile to (202) 395-5167.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-04929 Filed 3-13-17; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices 13605

blockdivisionconsent by following the The complaint alleges that official interpretation of the proposed
instructions on the web-based form. If respondent’s claims that its products are order or to modify its terms in any way.
this Notice appears at http:// ‘‘Made in USA’’ were false or By direction of the Commission.
www.regulations.gov/#!home, you also misleading, or not substantiated at the Donald S. Clark,
may file a comment through that Web time the representations were made.
Secretary.
site. Accordingly, the complaint alleges that
If you file your comment on paper, [FR Doc. 2017–04919 Filed 3–13–17; 8:45 am]
respondent engaged in deceptive acts or
write ‘‘In the Matter of Block Division, practices in violation of Section 5(a) of BILLING CODE 6750–01–P
Inc., File No. 172 3052’’ on your the FTC Act.
comment and on the envelope, and mail The proposed consent order contains
your comment to the following address: FEDERAL TRADE COMMISSION
provisions designed to prevent
Federal Trade Commission, Office of the respondent from engaging in similar Agency Information Collection
Secretary, 600 Pennsylvania Avenue acts and practices in the future. Activities; Submission for OMB
NW., Suite CC–5610 (Annex D), Consistent with the FTC’s Enforcement Review; Comment Request
Washington, DC 20580, or deliver your Policy Statement on U.S. Origin Claims,
comment to the following address: Part I prohibits Block Division, Inc. from AGENCY: Federal Trade Commission
Federal Trade Commission, Office of the making U.S.-origin claims for its (‘‘FTC’’).
Secretary, Constitution Center, 400 7th products unless either: (1) The final
Street SW., 5th Floor, Suite 5610 ACTION: Notice and request for comment.
assembly or processing of the product
(Annex D), Washington, DC 20024. If occurs in the United States, all
possible, submit your paper comment to SUMMARY: In compliance with the
significant processing that goes into the
the Commission by courier or overnight Paperwork Reduction Act (PRA) of
product occurs in the United States, and
service. 1995, the FTC is seeking public
all or virtually all ingredients or
Visit the Commission Web site at comments on its request to OMB for a
components of the product are made
http://www.ftc.gov to read this Notice three-year extension of the current PRA
and sourced in the United States; or (2)
and the news release describing it. The clearance for information collection
a clear and conspicuous qualification
FTC Act and other laws that the requirements contained in its Rule
appears immediately adjacent to the
Commission administers permit the Governing Pre-sale Availability of
representation that accurately conveys
collection of public comments to Written Warranty Terms. That clearance
the extent to which the product contains
consider and use in this proceeding as expires on March 31, 2017.
foreign parts, ingredients, and/or
appropriate. The Commission will DATES: Comments must be received by
processing.
consider all timely and responsive April 13, 2017.
Part II prohibits respondent from
public comments that it receives on or
making any ‘‘Made in USA’’ or other ADDRESSES: Interested parties may file a
before April 7, 2017. You can find more
country-of-origin claim about a product comment online or on paper by
information, including routine uses
or service unless the claim is true, not following the instructions in the
permitted by the Privacy Act, in the
misleading, and respondent has a Request for Comments part of the
Commission’s privacy policy, at http://
reasonable basis substantiating the SUPPLEMENTARY INFORMATION section
www.ftc.gov/ftc/privacy.htm.
representation. below. Write ‘‘Warranty Rules:
Analysis of Proposed Consent Order To Parts III through VI are reporting and Paperwork Comment, FTC File No.
Aid Public Comment compliance provisions. Part III requires P044403’’ on your comment, and file
The Federal Trade Commission respondent to acknowledge receipt of your comment online at https://
(‘‘FTC’’ or ‘‘Commission’’) has accepted, the order, to provide a copy of the order ftcpublic.commentworks.com/ftc/
subject to final approval, an agreement to certain current and future principals, presaleavailabilityrule2pra by following
containing a consent order from Block officers, directors, and employees, and the instructions on the Web-based form.
Division, Inc. (‘‘respondent’’). to obtain an acknowledgement from If you prefer to file your comment on
The proposed consent order has been each such person that they have paper, mail your comment to the
placed on the public record for thirty received a copy of the order. Part IV following address: Federal Trade
(30) days for receipt of comments by requires the filing of compliance reports Commission, Office of the Secretary,
interested persons. Comments received within one year after the order becomes 600 Pennsylvania Avenue NW., Suite
during this period will become part of final and within 10 days of any change CC–5610 (Annex J), Washington, DC
the public record. After thirty (30) days, in respondent that would affect 20580, or deliver your comment to the
the Commission will again review the compliance with the order. Part V following address: Federal Trade
agreement and the comments received, requires respondent to maintain certain Commission, Office of the Secretary,
and will decide whether it should records, including records necessary to Constitution Center, 400 7th Street SW.,
withdraw from the agreement or make demonstrate compliance with the order. 5th Floor, Suite 5610 (Annex J),
final the agreement’s proposed order. Part VI requires respondent to submit Washington, DC 20024.
This matter involves respondent’s additional compliance reports when
requested by the Commission and to FOR FURTHER INFORMATION CONTACT:
marketing, sale, and distribution of
pulley blocks and other products with permit the Commission or its Requests for additional information or
claims that the products are of U.S.- representatives to interview copies of the proposed information
asabaliauskas on DSK3SPTVN1PROD with NOTICES

origin. According to the FTC’s respondent’s personnel. requirements should be addressed to
complaint, respondent represented that Finally, Part VII is a ‘‘sunset’’ Christine M. Todaro, Attorney, Division
its products are ‘‘Made in USA.’’ In fact, provision, terminating the order after of Marketing Practices, Bureau of
respondent’s products incorporate twenty (20) years, with certain Consumer Protection, Federal Trade
significant imported parts, including exceptions. Commission, 600 Pennsylvania Avenue
imported steel pulley plates that entered The purpose of this analysis is to aid NW., CC–8528, Washington, DC 20580,
the United States from overseas already public comment on the proposed order. (202) 326–3711.
stamped ‘‘Made in USA.’’ It is not intended to constitute an SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices 13607

Office Building, Docket Library, Room Description of Proposed Action DEPARTMENT OF HEALTH AND
10102, 725 17th Street NW., HUMAN SERVICES
Washington, DC 20503. Comments sent As specified in the Initial Funded
to OMB by U.S. postal mail, however, Priorities List, which is available on the Centers for Disease Control and
are subject to delays due to heightened Council’s Web site at https:// Prevention
security precautions. Thus, comments www.restorethegulf.gov/council-
[Docket No. CDC–2017–0008]
instead should be sent by facsimile to selected-restoration-component/funded-
(202) 395–5167. priorities-list, RESTORE Act funds will Proposed Data Collection Submitted
support the Council Monitoring and for Public Comment and
David C. Shonka,
Assessment Program (CMAP). Recommendations: Survey of
Acting General Counsel.
Administered jointly by NOAA and the Engineered Nanomaterial Occupational
[FR Doc. 2017–04929 Filed 3–13–17; 8:45 am]
Department of the Interior’s United Safety and Health Practices; Extension
BILLING CODE 6750–01–P
States Geological Survey (USGS), CMAP of Public Comment Period
will build the foundational components
AGENCY: Centers for Disease Control and
for Gulf region-wide monitoring in order
GULF COAST ECOSYSTEM Prevention (CDC), Department of Health
to measure impacts of investments in and Human Services (HHS).
RESTORATION COUNCIL restoration. Through collaboration with
ACTION: Extension of public comment
Notice of Proposed Subaward Under a the Gulf States, federal and local
period.
Council-Selected Restoration partners, academia, non-governmental/
Component Award non-profit organizations, and industry, SUMMARY: On February 10, 2017, the
the program will use a Monitoring Centers for Disease Control and
AGENCY: Gulf Coast Ecosystem Community of Practice coordinated by Prevention (CDC), located within the
Restoration Council. the Gulf of Mexico Alliance to leverage Department of Health and Human
ACTION: Notice. existing resources, capacities, and Services (HHS) published a notice in the
expertise and build on existing Federal Register requesting public
SUMMARY: The Gulf Coast Ecosystem
monitoring programs. These existing comment on the proposed information
Restoration Council (Council) publishes
programs will be coordinated into a collection entitled ‘‘Survey of
notice of a proposed subaward from the
network, to provide efficiency in Engineered Nanomaterial Occupational
National Oceanic and Atmospheric
monitoring and collaborative cross- Safety and Health Practices’’. Written
Administration National Centers for
program review of performance with and electronic comments were to be
Coastal Ocean Science (NOAA) to the
other Gulf ecosystem recovery efforts. received on or before April 11, 2017.
Gulf of Mexico Alliance (GOMA), a
Because of an improper docket opening,
nonprofit organization, for the purpose The program will: (1) Create an CDC is extending the comment period to
of supporting the Council Monitoring inventory of the existing monitoring allow the public a full 60 days to
and Assessment Program (CMAP). The programs, data, protocols and standards; provide comment on this docket. In
Council and NOAA have entered an (2) determine the minimum monitoring consideration of this public access
interagency agreement for NOAA to elements needed to evaluate the issue, HHS/CDC is extending the
carry out CMAP, as approved in the performance of restoration projects; (3) comment period to May 12, 2017.
Council’s Initial Funded Priorities List.
evaluate monitoring program suitability; DATES: Written comments must be
FOR FURTHER INFORMATION CONTACT: (4) combine data from the suitable
Please send questions by email to received on or before May 11, 2017.
existing programs into searchable ADDRESSES: You may submit comments,
raams_pgmsupport@restorethegulf.gov.
databases for Council use; (5) examine identified by Docket No. CDC–2017–
SUPPLEMENTARY INFORMATION: Section
the inventory to determine what data 0008 by any of the following methods:
1321(t)(2)(E)(ii)(III) of the RESTORE Act
(33 U.S.C. 1321(t) and note) and
are missing (i.e. identify information • Federal eRulemaking Portal:
gaps) that would be required for the Regulations.gov. Follow the instructions
Treasury’s implementing regulation at
RESTORE Council; (6) document for submitting comments.
31 CFR 34.401(b) require that, for
existing baseline assessments of habitat • Mail: Leroy A. Richardson,
purposes of awards made under the
and water quality conditions; and (7) Information Collection Review Office,
Council-Selected Restoration
provide recommendations to the Centers for Disease Control and
Component, a State or Federal award
Council to supplement and refine the Prevention, 1600 Clifton Road NE., MS–
recipient may make a grant or subaward
existing monitoring programs to fill-in D74, Atlanta, Georgia 30329.
to or enter into a cooperative agreement
the information gaps where possible. Instructions: All submissions received
with a nongovernmental entity that
must include the agency name and
equals or exceeds 10 percent of the total Will D. Spoon, Docket Number. All relevant comments
amount of the award provided to the
Program Analyst, Gulf Coast Ecosystem received will be posted without change
State or Federal award recipient only if Restoration Council. to Regulations.gov, including any
certain notice requirements are met.
[FR Doc. 2017–04937 Filed 3–13–17; 8:45 am] personal information provided. For
Specifically, at least 30 days before the
BILLING CODE 6560–58–P access to the docket to read background
State or Federal award recipient enters
documents or comments received, go to
into such an agreement, the Council
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Regulations.gov.
must publish in the Federal Register
and deliver to specified Congressional Please note: All public comment should be
Committees the name of the recipient submitted through the Federal eRulemaking
portal (Regulations.gov) or by U.S. mail to the
and subrecipient; a brief description of
address listed above.
the activity, including its purpose; and
the amount of the award. This notice FOR FURTHER INFORMATION CONTACT: To
accomplishes the Federal Register request more information on the
publication requirement. proposed project or to obtain a copy of

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Document Created: 2017-03-14 02:52:09
Document Modified: 2017-03-14 02:52:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comment.
Dates		Comments must be received by April 13, 2017.
Contact		Requests for additional information or
FR Citation		82 FR 13605