[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Notices]
[Page 24512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10994]


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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: The FTC requests that the Office of Management and Budget 
(OMB) extend for three years the current PRA clearance for information 
collection requirements contained in the agency's Mail, internet, or 
Telephone Order Merchandise Rule (MITOR or Rule). The existing 
clearance expires on May 31, 2019. The public should address comments 
to this notice to the OMB.

DATES: Comments must be received by June 27, 2019.

ADDRESSES: Comments in response to this notice should be submitted to 
the OMB Desk Officer for the Federal Trade Commission within 30 days of 
this notice. You may submit comments using any of the following 
methods:
    Electronic: Write ``MITOR: PRA Comment, P072108,'' on your comment 
and file your comment online at https://www.regulations.gov, by 
following the instructions on the web-based form.
    Email: [email protected] and 
[email protected].
    Fax: (202) 395-5806.
    Mail: Office of Information and Regulatory Affairs, Office of 
Management and Budget, Attention: Desk Officer for the Federal Trade 
Commission, New Executive Office Building, Docket Library, Room 10102, 
725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Jock Chung, 202-326-2984, Attorney, 
Enforcement Division, Bureau of Consumer Protection, 600 Pennsylvania 
Avenue NW, Mail Drop CC-9528, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 
    Title: Mail, internet, or Telephone Order Merchandise Rule (MITOR 
or Rule), 16 CFR part 435.
    OMB Control Number: 3084-0106.
    Type of Review: Extension of a currently approved collection.
    Abstract: Generally, the MITOR requires a seller (or merchant) to: 
(1) Have a reasonable basis for any express or implied shipment 
representation made in soliciting the sale (if no express time period 
is promised, the implied shipment representation is 30 days); (2) 
notify the buyer (or consumer) and obtain the buyer's consent to any 
delay in shipment; and (3) make prompt and full refunds when the buyer 
exercises a cancellation option or the seller is unable to meet the 
Rule's other requirements.
    On March 19, 2019, the FTC sought comment on the information 
collection requirements associated with the Rule. 84 FR 10072. The FTC 
received no comments 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 84 FR 10072.
    Likely Respondents: Businesses engaged in the sale of merchandise 
by mail, internet or telephone.
    Estimated Annual Hours Burden: 2,692,350 hours.
    Third Party Disclosure: [(44,946 established businesses x 50 hours) 
+ (1,935 new entrants x 230 hours) = 2,692,350 hours.
    Estimated Annual Cost Burden: $66,501,045, which is derived from 
2,692,350 hours x $24.70/hour.\1\
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    \1\ The hourly wage rates for sales and related workers are 
updated from the 60-Day Federal Register notice and are based on 
mean hourly wages found at https://www.bls.gov/news.release/ocwage.htm (``Occupational Employment and Wages-May 2018,'' U.S. 
Department of Labor, released March 2019, Table 1 (``National 
employment and wage data from the Occupational Employment Statistics 
survey by occupation, May 2018'').
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Request for Comment

    Your comment--including your name and your state--will be placed on 
the public record of this proceeding at the https://www.regulations.gov 
website. 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.

Heather Hippsley,
Deputy General Counsel.
[FR Doc. 2019-10994 Filed 5-24-19; 8:45 am]
 BILLING CODE 6750-01-P