[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 377-378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28899]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Extension

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
requests that the Office of Management and Budget (``OMB'') extend for 
an additional three years the current Paperwork Reduction Act (``PRA'') 
clearance for information collection requirements contained in the 
FTC's Use of Prenotification Negative Option Plans (``Negative Option 
Rule'' or ``Rule''). That clearance expires on January 31, 2024.

DATES: Comments must be filed by February 2, 2024.

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. Written comments and 
recommendations for the proposed information collection should be sent 
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson, Attorney, Division 
of Enforcement, Federal Trade Commission, Room CC-9528, 600 
Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-2185.

SUPPLEMENTARY INFORMATION: 
    Title of Collection: Use of Prenotification Negative Option Plans 
(Negative Option Rule or Rule), 16 CFR part 425.\1\
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    \1\ The Commission recently published a Notice of Proposed 
Rulemaking seeking comment on proposed amendments to the 
Commission's Negative Option Rule. 88 FR 24716 (Apr. 24, 2023). The 
present PRA Notice is not part of that proceeding and merely seeks 
comment on the existing burden estimates for the current Rule, which 
applies only to ``prenotification'' negative option plans.
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    OMB Control Number: 3084-0104.
    Type of Review: Extension without change of currently approved 
collection.
    Abstract: The Negative Option Rule governs the operation of 
prenotification subscription plans. Under these types of plans--which 
can include things such as a book of the month club, food of the month 
club, or clothing items of the month club--a seller provides a consumer 
with automatic shipments of merchandise unless the consumer 
affirmatively notifies the seller they do not want the shipment. The 
Rule requires that a seller notify a member that they will 
automatically ship merchandise to the member and bill the member for 
the merchandise if the subscriber fails to expressly reject the 
merchandise beforehand within a prescribed time. The Rule protects 
consumers by: (1) requiring that promotional materials disclose the 
terms of membership clearly and conspicuously; and (2) establishing 
procedures for the administration of such ``negative option'' plans.

[[Page 378]]

    Affected Public: Private Sector: Sellers of prenotification 
subscription plans.
    Estimated Annual Burden Hours: 2,500 hours.
    Estimated Annual Labor Costs: $152,350 (solely related to labor 
costs).
    Estimated Annual Non-Labor Costs: $0 or de minimis.
    Request for Comment:
    On August 30, 2023, the FTC sought public comment on the 
information collection requirements associated with the Rule. 88 FR 
59922 (Aug. 30, 2023). No relevant comments were received 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 88 FR 59922.
    Your comment--including your name and your state--will be placed on 
the public record of this proceeding. 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 ensuring 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 ``[t]rade secret or any commercial or 
financial information which is . . . privileged or confidential''--as 
provided 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)--including, in particular, competitively 
sensitive information, such as costs, sales statistics, inventories, 
formulas, patterns devices, manufacturing processes, or customer names.

Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023-28899 Filed 1-2-24; 8:45 am]
BILLING CODE 6750-01-P