The Pre-sale Availability Rule

OMB Control No: 3084-0112	ICR Reference No: 202003-3084-002
Status: Active	Previous ICR Reference No: 201703-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: The Pre-sale Availability Rule
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/01/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/30/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2023	36 Months From Approved	04/30/2020
Responses	606,206	0	547,647
Time Burden (Hours)	3,069,314	0	2,823,803
Cost Burden (Dollars)	0	0	0

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Abstract: The Rule ensures that consumers can make informed decisions by requiring that retailers make available to consumers before purchase the terms of written warranties for consumer products. The Rule also requires warrantors (i.e., manufacturers) to provide retailers with the materials necessary to do so.

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Authorizing Statute(s): US Code: 15 USC 2301 et. seq. Name of Law: Magnuson-Moss Warranty Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 72362	12/31/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 17579	03/30/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title Form No. Form Name Large retailers warranty disclosures Small manufacturers warranty disclosures Small retailer warranty disclosures Large manufacturer warranty disclosures

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	606,206	547,647	0	0	58,559	0
Annual Time Burden (Hours)	3,069,314	2,823,803	0	0	245,511	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are no program changes. The estimated annual hours of burden has slightly increased from 2,823,803 estimated hours in 2017 to 3,069,314 estimated hours in 2020. This slight increase is largely attributable to our estimate that more retailers are now subject to warranty requirements. The associated labor burden figure increased from $62,123,688 in 2017 to $70,594,222 in 2020. This labor cost increase is attributable in part to our estimate that more retailers are now subject to the Rule as well as a slight increase in the clerical hourly rates since 2017.

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Annual Cost to Federal Government: $10,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Christine Todaro 202 326-3711 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 03/30/2020

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