[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37872-37873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16514]


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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 Telemarketing Sales Rule 
(``TSR''). That clearance expires on August 31, 2019.

DATES: Comments must be received by September 3, 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 ``TSR: 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].
    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: Patricia Hsue, Staff Attorney, 
Division of Marketing Practices, Bureau of Consumer Protection, Federal 
Trade Commission, Room CC-8528, 600 Pennsylvania Avenue NW, Washington, 
DC 20580, or by telephone to (202) 326-3132.

SUPPLEMENTARY INFORMATION: 
    Title: Telemarketing Sales Rule (TSR or Rule), 16 CFR part 310.
    OMB Control Number: 3084-0097.
    Type of Review: Extension of a currently approved collection.
    Abstract: As required by the Telemarketing and Consumer Fraud and 
Abuse Prevention Act, 15 U.S.C. 6101-6108 (the ``Telemarketing Act''), 
the TSR mandates certain disclosures for telephone sales and requires 
telemarketers to retain certain records regarding advertising, sales, 
and employees. The required disclosures provide consumers with 
information necessary to make informed purchasing decisions. The 
required records are to be made available for inspection by the 
Commission and other law enforcement personnel to determine compliance 
with the Rule. Required records may also yield information helpful to 
measuring and redressing consumer injury stemming from Rule violations.
    On May 20, 2019, the FTC sought comment on the information 
collection requirements associated with the Rule. 84 FR 22844. The FTC 
received four comments, none of which was germane to the issues that 
the agency sought comment on pursuant to the Paperwork Reduction Act 
(``PRA'') renewal request. 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 22844.
    Likely Respondents: Telemarketers to consumers.
    Estimated Annual Hours Burden: 1,233,817 hours.
     Disclosures (for live telemarketing calls and prerecorded 
calls): 1,219,428 hours (which is derived from 826,389 hours pre-sales 
disclosures + 366,588 hours general sales disclosures + 26,451 hours 
specific sales disclosures).
     Reporting: 328 hours.
     Recordkeeping: 14,061 hours.
    Estimated Annual Labor Cost Burden: $17,181,914 (which is derived 
from $446,862 (recordkeeping) + $16,730,552 (disclosure) + $4,500 
(reporting).\1\
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    \1\ The hourly wage rates for sales and related workers 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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    Estimated Annual Non-Labor Cost: $4,717,991 (which is derived from 
$328,050 (office supplies) + $4,389,941 (telephone charges)).

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

[[Page 37873]]

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. 2019-16514 Filed 8-1-19; 8:45 am]
 BILLING CODE 6750-01-P