25540 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 

1 The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

Persons knowing of any reason why 

the following applicants should not 

receive a license are requested to 

contact the Office of Transportation 

Intermediaries, Federal Maritime 

Commission, Washington, DC 20573. 

Non-Vessel-Operating Common Carrier 

Ocean Transportation Intermediary 

Applicants 

Atlantic Express Corporation, 7751 W. 

88th Street, Bridgeview, IL 60455. 

Officer: Jolanta Latvys, President 

(Qualifying Individual). 

Top Since Logistics, Inc., 600 W. 

Main Street, #211, Alhambra, CA 

91801. Officers: Pair L. 

Williams,Vice President (Qualifying 

Individual), Wei Weiwen, 

President. 

Non-Vessel-Operating Common Carrier 

and Ocean Freight Forwarder 

Transportation Intermediary 

Applicants 

The Maritime Company For 

Navigation U.S.A., Inc. dba The 

Maritime Company For Navigation, 

330 Snyder Ave., Berkeley Heights, 

NJ 07922. Officer: Ahmed Singer, 

President (Qualifying Individual). 

Grimes Supply Chain Services, Inc., 

14500 Hyatt Rd., Jacksonville, FL 

32218. Officer: Kathryn Couch, 

Asst. Secretary (Qualifying 

Individual). 

Simos Logistics Co., Inc., 732 S. 

Raven Rd., Shorewood, IL 60404. 

Officers: Laura M. Konieczny, Vice 

President (Qualifying Individual), 

Vicente A. Simos, President. 

Cortez Customhouse Brokerage 

Company, 4950 West Dickman Rd., 

Battle Creek, MI 49037. Officer: 

Dustin H. King, Vice President 

(Qualifying Individual). 

Poseidon Shipping Lines Inc., 430 S. 

Garfield Ave., Suite 325, Alhambra, 

CA 91801. Officers: Eric Yuan H. 

Wang, Vice President (Qualifying 

Individual), Yu Li, President. 

New Horizon Shipping, Inc., 29234 

Kester Lane, Laguna Niguel, CA 

92677. Officer: Gihan Zahran, CEO 

(Qualifying Individual). 

Ocean Freight Forwarder—Ocean 

Transportation Intermediary 

Applicants 

TLR-Total Logistics Resource, Inc., 

dba Innovative Freighting, 5362 NE 

112th Ave., Portland, OR 97220. 

Officer: Teresa M. Bartle, President 

(Qualifying Individual). 

Venture Logistics Inc., 9280 Rutledge 

Ave., Boca Raton, FL 33434. Officer: 

Kevin Goddard, President 

(Qualifying Individual). 

ATEC Logistics, LLC, 650 South 

Northlake Blvd., Altamonte 

Springs, FL 32701. Officers: Patrick 

Ferry, Managing Member 

(Qualifying Individual), Michael L. 

Clements, President. 

Partenaire Co., 200 Park Avenue, 

Suite 104, Falls Church, VA 22046. 

Officer: Thierry Reiter, President 

(Qualifying Individual). 

Total Global Solutions, Inc., 4290 

Bells Ferry Rd., #224, Kennesaw, 

GA 30144. Officers: Kathleen G. 

Molnar, Secretary, Natasha S. 

Gardner, Treasurer (Qualifying 

Individuals), Dennis R. Smith, 

President. 

Dated: May 22, 2009. 

Karen V. Gregory, 

Secretary. 

[FR Doc. E9–12424 Filed 5–27–09; 8:45 am] 

BILLING CODE 6310–01–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request 

AGENCY: Federal Trade Commission 

(‘‘Commission’’ or ‘‘FTC’’). 

ACTION: Notice. 

SUMMARY: The information collection 

requirements described below will be 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review, as 

required by the Paperwork Reduction 

Act (‘‘PRA’’). This is the second of two 

notices required under the PRA in 

which the FTC is seeking public 

comments on its proposal to extend 

through May 31, 2012, the current PRA 

clearance for information collection 

requirements contained in its 

Telemarketing Sales Rule (‘‘TSR’’ or 

‘‘Rule’’). That clearance expires on May 

31, 2009. 

DATES: Comments must be submitted on 

or before June 29, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to 

‘‘Telemarketing Sales Rule: FTC File No. 

P994414’’ to facilitate the organization 

of comments. Please note that comments 

will be placed on the public record of 

this proceeding—including on the 

publicly accessible FTC website, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm)—and therefore 

should not include any sensitive or 

confidential information. In particular, 

comments should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secrets and commercial or 

financial information obtained from a 

person and privileged or 

confidential. . . .,’’ as provided in Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

Commission Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). Comments containing 

material for which confidential 

treatment is requested must be filed in 

paper form, must be clearly labeled 

‘‘Confidential,’’ and must comply with 

FTC Rule 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

secure.commentworks.com/ftc-TSRPRA) 

(and following the instructions on the 

web-based form). To ensure that the 

Commission considers an electronic 

comment, you must file it on the webbased form at the weblink: (https:// 

secure.commentworks.com/ftcTSRPRA). If this Notice appears at 

(http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. 

A comment filed in paper form 

should include the ‘‘Telemarketing 

Sales Rule: FTC File No. 

P994414’’reference both in the text and 

on the envelope, and should be mailed 

or delivered to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H–135 (Annex J), 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580. The FTC is requesting that 

any comment filed in paper form be sent 

by courier or overnight service, if 

possible, because U.S. postal mail in the 

Washington area and at the Commission 

is subject to delay due to heightened 

security precautions. 

Comments on any proposed filing, 

recordkeeping, or disclosure 

requirements that are subject to 

paperwork burden review under the 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 25541 

2 74 FR 11952 (July 7, 2008). 

3 An ‘‘upsell’’ is the solicitation in a single 

telephone call of the purchase of goods or services 

after an initial transaction occurs. The solicitation 

may be made by or on behalf of a seller different 

from the seller in the initial transaction, regardless 

of whether the initial transaction and the 

subsequent solicitation are made by the same 

telemarketer (‘‘external upsell’’). Or, it may be made 

by or on behalf of the same seller as in the initial 

transaction, regardless of whether the initial 

transaction and subsequent solicitation are made by 

the same telemarketer (‘‘internal upsell’’). 

4 68 FR 4580 (Jan. 29, 2003). The Registry applies 

to any plan, program, or campaign to sell goods or 

services through interstate phone calls. This 

includes telemarketers who solicit consumers, often 

on behalf of third party sellers. It also includes 

sellers who provide, offer to provide, or arrange to 

provide goods or services to consumers in exchange 

for payment. It does not limit calls by political 

organizations, charities, or telephone surveyors. 

5 16 CFR § 310.4(b)(1)(iii)(B). 

6 16 CFR § 310.4(b)(3)(iv). Effective January 1, 

2005, the TSR was amended to require 

telemarketers to access the Registry at least once 

every 31 days. See 69 Fed. Reg. 16368 (Mar. 29, 

2004). 

7 See 73 FR 51164 (Aug. 29, 2008). 

8 By contrast, the revised standard for measuring 

the call abandonment rate does not impose any new 

or affect any existing reporting, recordkeeping or 

third-party disclosure requirements within the 

meaning of the PRA. That amendment relaxes the 

prior requirement that the abandonment rate be 

calculated on a ‘‘per day per campaign’’ basis by 

permitting, but not requiring, its calculation over a 

30-day period, as industry requested. Sellers and 

telemarketers already had established automated 

recordkeeping systems to document their 

compliance with the prior standard. The 

amendment likely reduces their overall compliance 

burden. The prior ‘‘per day’’ requirement effectively 

forced telemarketers to turn off their predictive 

dialers on the many occasions when spikes in call 

abandonment rates occur late in the day, thereby 

preventing realization of the cost savings that 

predictive dialers provide. 

9 The prerecorded call amendment provides the 

first ever explicit authorization in the TSR for 

sellers and telemarketers to place prerecorded 

telemarketing calls to consumers. The pre-amended 

call abandonment prohibition of the TSR implicitly 

barred such calls by requiring that all telemarketing 

calls be connected to a sales representative, rather 

than a recording, within two seconds of the 

completed greeting of the person who answers. The 

amendment applies not only to prerecorded calls 

that are answered by a consumer, but also to 

prerecorded messages left on consumers’ answering 

machines or voicemail services. 

Paperwork Reduction Act should 

additionally be submitted to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(‘‘OMB’’), Attention: Desk Officer for 

Federal Trade Commission. Comments 

should be submitted via facsimile to 

(202) 395–5167 because U.S. postal mail 

at the OMB is subject to delays due to 

heightened security precautions. 

The FTC Act and other laws 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, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

requirements for the TSR should be 

addressed to Craig Tregillus, Attorney, 

Division of Marketing Practices, Bureau 

of Consumer Protection, Federal Trade 

Commission, Room H–288, 600 

Pennsylvania Ave., N.W., Washington, 

D.C. 20580, (202) 326–2970. 

SUPPLEMENTARY INFORMATION: On March 

20, 2009, the FTC sought comment on 

the information collection requirements 

associated with the TSR, 16 CFR Part 

310 (Control Number: 3084–0097).2 One 

comment was received (see 

www.ftc.gov/os/comments/tsrpra60day/ 

index.shtm). Pursuant to the OMB 

regulations, 5 CFR Part 1320, that 

implement the PRA, 44 U.S.C. 3501– 

3521, the FTC is providing this second 

opportunity for public comment while 

seeking OMB approval to extend the 

existing paperwork clearance for this 

Rule. All comments should be filed as 

prescribed in the ADDRESSES, section 

above, and must be received on or 

before June 29, 2009. 

The TSR implements the 

Telemarketing and Consumer Fraud and 

Abuse Prevention Act, 15 U.S.C. 6101– 

6108 (‘‘Telemarketing Act’’), as 

amended by the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terrorism Act (‘‘USA 

PATRIOT Act’’), Pub. L. 107056 (Oct. 

25, 2001). The Act seeks to prevent 

deceptive or abusive telemarketing 

practices in telemarketing, which, 

pursuant to the USA PATRIOT Act, 

includes calls made to solicit charitable 

contributions by third-party 

telemarketers. The Telemarketing Act 

mandated certain disclosures by 

telemarketers, and directed the 

Commission to consider including 

recordkeeping requirements in 

promulgating a rule to prohibit such 

practices. As required by the 

Telemarketing Act, the TSR mandates 

certain disclosures regarding 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. 

In 2003, the Commission amended the 

TSR to include certain new disclosure 

requirements and to expand the Rule in 

other ways. See 68 FR 4580 (Jan. 29, 

2003). Specifically, the Rule was 

amended to cover upsells3 (not only in 

outbound calls, but also in inbound 

calls) and additional transactions were 

included under the Rule’s purview. For 

example, the Rule was extended to the 

solicitation by telephone of charitable 

donations by third-party telemarketers 

in response to the mandate of the USA 

PATRIOT Act. Finally, the amendments 

established the National Do Not Call 

Registry (‘‘Registry’’), permitting 

consumers to register, via either a tollfree telephone number or the Internet, 

their preference not to receive certain 

telemarketing calls.4 Accordingly, under 

the TSR, most sellers and telemarketers 

are required to refrain from calling 

consumers who have placed their 

numbers on the Registry.5 Moreover, 

sellers and telemarketers must 

periodically access the Registry to 

remove from their telemarketing lists 

the telephone numbers of those 

consumers who have registered.6

In 2008, the Commission promulgated 

amendments to the TSR regarding prerecorded calls, 16 CFR 310.4(b)(1)(v), 

and call abandonment rate calculations, 

16 CFR 310.4(b)(4)(i).7 The amendment 

regarding prerecorded calls added 

certain information collection 

requirements.8 Specifically, the 

amendment expressly authorized sellers 

and telemarketers to place outbound 

prerecorded telemarketing calls to 

consumers if: (1) the seller has obtained 

written agreements from those 

consumers to receive prerecorded 

telemarketing calls after a clear and 

conspicuous disclosure of the purpose 

of the agreement; and (2) the call 

discloses and provides an automated 

telephone keypress or voice-activated 

opt-out mechanism at the outset of the 

call.9 Although the opt-out mechanism 

requirement took effect on December 1, 

2008, the Commission deferred the 

compliance date for the written 

agreement requirement until September 

25542 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 

10 See 73 FR 51164, 51166. 

11 Telemarketers and telefunders must comply, 

however, with the abandoned call provisions of the 

TSR, and the opt out provisions of the 2008 

amendments. 

12 For the sake of simplicity and to err 

conservatively, FTC staff’s burden estimates for 

provisions less likely to be applicable to telefunders 

(e.g., prize promotion disclosure obligations for 

outbound live calls, under 16 CFR 310.4(d)), will 

not be reduced by a separate estimate for the subset 

of telemarketers that are telefunders. Conversely, 

estimates of the number of new-entrant 

telemarketers will incorporate new-entrant 

telefunders. 

13 An exempt entity is one that, although not 

subject to the TSR, chooses to voluntarily scrub its 

calling lists against the data in the Registry. 

14 These entities would nonetheless likely be 

subject to the Federal Communications 

Commission’s (‘‘FCC’’) Telephone Consumer 

Protection Act regulations, including the 

requirement that entities engaged in intrastate 

telephone solicitations access the Registry. 

15 Staff assumes, for purposes of these 

calculations, that those telemarketers that make 

prerecorded calls download telephone numbers 

listed on the Registry, rather than conduct online 

searches, as the latter may consume considerably 

more time. Other telemarketers not placing the 

high-volume of automated prerecorded calls may 

elect to search online, rather than to download. 

16 Although telemarketers that place prerecorded 

telemarketing calls on behalf of sellers must capture 

and transmit to the seller any requests they receive 

to place a consumer’s telephone number on the 

seller’s entity-specific do-not-call list, this de 

minimis obligation extends both to live and 

prerecorded telemarketing calls, and is subsumed 

within the PRA estimates shown above. 

17 If it is not feasible to obtain a written 

agreement at the point of sale after the written 

agreement requirement takes effect, sellers could, 

for example, obtain a customer’s email address and 

request an agreement via email to receive 

prerecorded calls. 

18 Staff has already attributed 100 hours for each 

new-entrant seller to develop a recordkeeping 

system compliant with the TSR, which would also 

factor in the time to create and retain electronic 

records of agreements by customers to receive 

prerecorded calls. 

1, 2009, one year from its promulgation, 

to afford time for an orderly phase-in.10

Thus, affected entities may still be 

taking steps toward compliance. 

Accordingly, with implementation of 

the opt-out mechanism presumably now 

satisfied by affected entities, the 

relevant focus going forward in 

estimating PRA burden centers on: (1) 

the establishment of recordkeeping and 

disclosure systems for the express 

agreement requirement of the 

prerecorded call amendment; and (2) 

the remaining provisions of the TSR that 

impose recordkeeping and disclosure 

obligations. 

Burden Statement: 

Estimated Annual Hours Burden: 

1,634,347 hours 

The estimated burden for 

recordkeeping is 22,772 hours for all 

industry members affected by the Rule. 

The estimated burden for the 

disclosures that the Rule requires for 

both the live telemarketing call 

provisions of the TSR and the 

prerecorded call amendments is 

1,611,575 hours for all affected industry 

members. Thus, the total PRA burden is 

1,634,347 hours. These estimates are 

explained below. 

Number of Respondents: As a 

preliminary matter, only telemarketers 

and sellers, not telefunders (third-party 

telemarketers soliciting contributions on 

behalf of charities), are subject to the 

Registry provisions of the Rule, and 

only sellers, not telemarketers or 

telefunders, are subject to the new 

express agreement obligations 

attributable to the prerecorded call 

amendments.11 The Registry data does 

not separately account for telefunders; 

they are a subset of the overall number 

of telemarketing entities known to 

access the Registry for any given year. 

Thus, past FTC estimates that separately 

accounted for telefunders over-counted 

them.12 The following estimates have 

been adjusted accordingly. 

In calendar year 2008, 50,245 

telemarketing entities accessed the 

Registry. Of these entities, 1,158 were 

‘‘exempt’’ entities obtaining access to 

data.13 By definition, none of the 

exempt entities are subject to the TSR. 

In addition, 38,815 sellers and 10,272 

telemarketers accessed the Registry. Of 

those, however, 25,574 sellers and 7,178 

telemarketing entities with independent 

access to the Registry obtained data for 

just one state. Staff assumes that these 

entities are operating solely intrastate, 

and thus would not be subject to the 

TSR.14 Applying this Registry data, staff 

estimates that 14,335 telemarketing 

entities (50,245–1,158–34,752) are 

currently subject to the TSR, of which 

11,241 (38,815–27,574) are sellers and 

3,094 (10,272–7,178) are 

telemarketers.15

Absent information to the contrary, 

staff retains its prior estimate that 25 

new-entrant telefunders per year would 

need to set up recordkeeping systems 

that comply with the TSR. 

Recordkeeping Hours: 

A. Live Telemarketing Call Provisions of 

the TSR 

Staff estimates that the above-noted 

14,335 telemarketing entities subject to 

the Rule each require approximately 1 

hour per year to file and store records 

required by the TSR for an annual total 

of 14,335 burden hours. The 

Commission staff also estimates that 75 

new entrants per year would need to 

spend 100 hours each developing a 

recordkeeping system that complies 

with the TSR for an annual total of 

7,500 burden hours. These figures, 

based on prior estimates, are consistent 

with staff’s current knowledge of the 

industry. Thus, the total estimated 

annual recordkeeping burden for new 

and existing telemarketing entities, 

including the effects of the prerecorded 

call amendment, is 21,835 hours. 

B. Prerecorded Call Amendment 

As noted above, after September 1, 

2009, no prerecorded call may be placed 

by or on behalf of a seller unless the 

seller has obtained a written agreement 

from the person called to receive such 

calls. Thus, the recordkeeping 

obligations of the prerecorded call 

amendment fall on sellers rather than 

telemarketers.16

In view of its phase-in and the 

prerecorded call amendment’s 

clarification allowing written 

agreements to be created and 

maintained electronically pursuant to 

the Electronic Signatures In Global and 

National Commerce Act (commonly, 

‘‘E–SIGN’’), any initial burden caused 

by the transition from the previously 

required records of an established 

business relationship to the newly 

required records of a written agreement 

should not be material. Once the 

necessary systems and procedures are in 

place, any ongoing incremental burden 

to create and retain electronic records of 

agreements by new customers to receive 

prerecorded calls should be minimal.17

Accordingly, staff estimates that existing 

sellers subject to the prerecorded call 

amendment will require approximately 

1 hour to prepare and maintain records 

required by the amendment, and an 

estimated 75 new entrant-telemarketers 

(including telefunders) per year would 

require the same. This reflects a onetime modification of existing customer 

databases to include an additional field 

to record consumer agreements. 

Most of the 11,241 existing sellers, 

however, in anticipation of the 

September 1, 2009 compliance deadline, 

presumably will have set up already the 

necessary systems and procedures by or 

before the May 31, 2009 expiration of 

the PRA clearance for the TSR. At that 

point, sellers will have had 9 months’ 

advance notice, with just 3 months 

remaining between the expiring 

clearance and the compliance deadline. 

Allowing for this apportionment, 2,810 

remaining existing sellers (i.e., 3/12 of 

the 11,241 existing sellers) would still 

be setting up compliant systems 

between May 31,2009 and the 

September 1, 2009 compliance deadline, 

with no further set-up burden 

thereafter.18 Thus, annualized for an 

‘‘average’’ year over the prospective 3- 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 25543 

19 Accordingly, staff has continued to estimate 

that the hours burden for most of the Rule’s 

disclosure requirements is 25 percent of the total 

hours associated with disclosures of the type the 

TSR requires. 

20 While staff does not have information directly 

stating the number of inbound telemarketers, it 

notes that, according to the DMA 21% of all direct 

marketing in 2007 was by inbound telemarketing 

and 20% was by outbound telemarketing. See DMA 

Statistical Fact Book (30th ed. 2008) at p. 17. 

Accordingly, based on such relative weighting, staff 

estimates that the number of inbound telemarketers 

is approximately 7,342 (14,335 x 21 ÷ (20 + 21)). 

21 Some exceptions to this broad exemption exist, 

including solicitations regarding prize promotions, 

investment opportunities, business opportunities 

other than business arrangements covered by the 

Franchise Rule, advertisements involving goods or 

services described in § 310.3(a)(1)(vi), 

advertisements involving goods or services 

described in § 310.4(a)(2)–(4); and any instances of 

upselling included in such telephone calls. 

22 For staff’s PRA burden calculations, only direct 

orders by telephone are relevant. That is, sales 

generated through leads or customer traffic are 

excluded from these calculations because such sales 

are not subject to the TSR’s recordkeeping and 

disclosure provisions. The direct sales total of 570 

million is based on an estimated 1.9 billion sales 

transactions from outbound calls being subject to 

FTC jurisdiction reduced by an estimated 30 

percent attributable to direct orders. This 

percentage estimate is drawn from DMA published 

data last appearing in the DMA Statistical Fact Book 

(2001), at p. 301. 

23 See, e.g., 60 FR 32682, 32683 (June 23, 1995); 

63 FR 40713, 40714 (July 30, 1998); 66 FR 33701, 

33702 (June 25, 2001); 71 FR 28698, 28700 (May 17, 

2006). 

24 71 FR 3302, 3304 (Jan. 20, 2006); 71 FR 28698, 

28700. 

25 See, e.g., 60 FR at 32683. 

26 This assumption originated with industry 

response to the Commission’s 2003 Final Amended 

TSR. See 68 FR 4580, 4597 n.183 (Jan. 29, 2003). 

Although it was posited specifically regarding 

inbound calls, FTC staff will continue to apply this 

assumption to outbound calls as well, barring the 

receipt of any information to the contrary. 

27 See supra note 19 and accompanying text. 

year PRA clearance (May 31, 2009–May 

31, 2012), this amounts to 937 hours per 

year. 

Disclosure Hours: 

A. Live Telemarketing Call Provisions of 

the TSR 

Staff believes that in the ordinary 

course of business a substantial majority 

of sellers and telemarketers make the 

disclosures the Rule requires because to 

do so constitutes good business practice. 

To the extent this is so, the time and 

financial resources needed to comply 

with disclosure requirements do not 

constitute ‘‘burden.’’ 16 CFR 

1320.3(b)(2). Moreover, many state laws 

require the same or similar disclosures 

as the Rule mandates. Thus, the 

disclosure hours burden attributable 

solely to the Rule is far less than the 

total number of hours associated with 

the disclosures overall. As when the 

FTC last sought 3-year OMB clearance 

for this Rule, staff estimates that most of 

the disclosures the Rule requires would 

be made in at least 75 percent of 

telemarketing calls even absent the 

Rule.19

Based on previous assumptions, staff 

estimates that of the 14,335 

telemarketing entities noted above, 

7,342 conduct inbound telemarketing.20

Inbound calls from consumers in 

response to direct mail solicitations that 

make certain required disclosures are 

exempt from the TSR.21 Although 

inbound calls are generally exempt from 

the Rule, the Commission believes it is 

likely that industry members who 

choose to make the requisite disclosures 

in direct mail solicitation may do so in 

an effort to qualify for the exemption as 

well. Thus, Commission staff believes it 

is appropriate to include in the relevant 

burden hour calculation both the 

burden for compliance with the Rule’s 

oral disclosures and the burden 

incurred by entities that make written 

disclosures in order to qualify for the 

inbound direct mail exemption. 

Accordingly, staff estimates that, of the 

7,342 entities that conduct inbound 

telemarketing, approximately one-third 

(2,447) will choose to incorporate 

disclosures in their direct mail 

solicitations that exempt them from 

complying with the Rule. 

Staff necessarily has made additional 

assumptions in estimating burden. From 

the total volume of outbound and 

inbound calls, staff first calculated 

disclosure burden for initial 

transactions that resulted in sales, 

derived from external data and/or 

estimates drawn from a range of 

calendar years (2001–2008). Staff 

recognizes that disclosure burdens may 

still be incurred regardless of whether or 

not a call results in a sale. Conversely, 

a substantial percentage of outbound 

calls result in consumers hanging up 

before the seller or telemarketer makes 

the required disclosure(s). However, 

because the requirements in 

§ 310.3(a)(1) for certain disclosures 

before a consumer pays for a 

telemarketing purchase apply only to 

sales, early call cessation (i.e., 

consumers hanging up pre-disclosure or 

before full disclosure) is excluded from 

staff’s burden estimates for § 310.3(a)(1). 

For transactions in which a sale is not 

a precursor to a required disclosure, i.e., 

the upfront disclosures required in all 

outbound telemarketing calls and 

outbound or inbound ‘‘upsell’’ calls by 

§ 310.4(d), staff has calculated burden 

for initial transactions based on 

estimates of the total volumes of 

outbound and inbound calls, discounted 

for anticipated early hang-ups. For 

transactions in which a sale is a 

precursor to required disclosure, i.e., 

§ 310.3(a)(1), the calculation is based on 

the volume of direct sales. 

Based on the most recently available 

applicable industry data and further 

FTC extrapolations, staff estimates that 

2.9 billion outbound calls are subject to 

FTC jurisdiction and attributable to 

direct orders, that 570 million of these 

calls result in direct sales,22 and that 

there are 2.8 billion inbound sales from 

inbound calls subject to FTC 

jurisdiction. Staff retains its 

longstanding estimate that, in a 

telemarketing call involving the sale of 

goods or services, it takes 7 seconds23

for telemarketers to disclose the 

required outbound call information 

orally plus 3 additional seconds24 to 

disclose the information required in the 

case of an upsell. Staff also retains its 

longstanding estimates that at least 60 

percent of sales calls result in ‘‘hangups’’ before the telemarketer can make 

all the required disclosures and that 

‘‘hang-up’’ calls consume only 2 

seconds.25

Staff bases all ensuing upsell 

calculations on the volume of additional 

sales after an initial sale, with the 

assumption that a consumer is unlikely 

to be predisposed to an upsell if he or 

she rejects an initial offer—whether 

through an outbound or an inbound 

call. Using industry information, staff 

assumes an upsell conversion rate of 

40% for inbound calls as well as 

outbound calls.26 Moreover, staff 

assumes that consumers who agree to an 

upsell will not terminate an upsell 

before the seller or telemarketer makes 

the full required disclosures. 

Based on the above inputs and 

assumptions, staff estimates that the 

total time associated with these 

disclosure requirements is 1,086,389 

hours per year [(2.9 billion outbound 

calls x 40% lasting the duration x 7 

seconds of full disclosures = 2,255,556) 

+ (2.9 billion outbound calls x 60% 

terminated after 2 seconds of 

disclosures = 966,667) + (570 million 

outbound calls resulting in direct sales 

x 40% upsell conversions x 3 seconds 

of related disclosures = 190,000) + (2.8 

billion inbound calls x 40% upsell 

conversions x 3 seconds = 933,333) x an 

estimated 25% of affected entities not 

already making such disclosures 

independent of the TSR27 = 1,086,389 

hours]. 

The TSR also requires further 

disclosures in telemarketing sales calls 

before the customer pays for goods or 

services. These disclosures include the 

total costs of the offered goods or 

services; all material restrictions; and all 

material terms and conditions of the 

25544 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 

28 See the discussion in the text immediately 

following note 21. 

29 FTC staff believes a typical firm will spend 

approximately 10 hours per year engaged in 

activities ensuring compliance with this provision 

of the Rule; this, too, has been stated in prior FTC 

notices inviting comment on PRA estimates. No 

comments were received, and staff continues to 

believe this estimate remains reasonable. 

30 The percentage and unit of time measurements 

are FTC staff’s estimates. 

31 Since the purpose of prize promotions is to 

induce an initial sale, staff believes such 

promotions are unlikely to occur in upsells. 

Accordingly, the ensuing estimates do not provide 

for prize promotion upsells. 

32 It is staff’s understanding and belief that CCLP 

sales rarely, if ever, prompt inbound calls, but 

instead may occur as upsells after an inbound call 

for another transaction. 

33 This includes the added required disclosure, 

particular to CCLP, of the limits on a cardholder’s 

liability for unauthorized use of a credit card. See 

16 CFR 310.3(a)(1)(vi). 

34 The estimate for § 310.3(a)(1) disclosures in 

outbound calls involving business opportunities is 

subsumed in the overall figure for outbound 

telemarketing call disclosures. Staff does not 

believe that business opportunities would likely be 

offered as upsells; at most, their incidence would 

be very infrequent and, accordingly, the associated 

disclosure burden de minimis. 

35 See 67 FR 37366 (May 29, 2002). The two 

minute estimate likely is conservative. The OMB 

regulation defining ‘‘information’’ under the PRA 

generally excludes disclosures that require persons 

to provide facts necessary simply to identify 

themselves, e.g., the respondent, the respondent’s 

address, and a description of the information the 

respondent seeks in detail sufficient to facilitate the 

request. See 5 CFR 1320.3(h)(1). 

36 See supra text accompanying note 18. As noted 

above, only sellers, not telemarketers, will have 

compliance obligations attributable to the 2008 TSR 

amendments. 

37 During the initial three months of overall PRA 

clearance sought that will overlap with the 

remaining phase-in period (May 31—August 31, 

2009) before the written agreement requirement 

takes effect, the Commission will permit sellers to 

use prerecorded message calls made to existing 

customers to secure their agreements to receive 

prerecorded calls by pressing a key on their 

telephone keypad. Once a script is written and 

recorded, it can be used in all calls made by or on 

behalf of the seller to obtain the required 

agreements. Sellers will be able to include the 

request for the agreement in their regular 

prerecorded calls, thus making the time necessary 

to request the required agreements, and the cost of 

doing so, de minimis during the year-long phasein that will partly overlap with the final year of the 

current PRA clearance. 

38 This figure includes both the minimal time 

required to create the electronic form and the time 

to encode it in HTML for the seller’s website. 

seller’s refund, cancellation, exchange, 

or repurchase policies (if a 

representation about such a policy is a 

part of the sales offer). Additional 

specific disclosures are required if the 

call involves a prize promotion, the sale 

of credit card loss protection products 

or an offer with a negative option 

feature. 

Staff estimates that the general sales 

disclosures require 472,562 hours 

annually. This figure includes the 

burden for written disclosures [(2,447 

inbound telemarketing entities 

estimated to use direct mail28 x 10 

hours29 per year x 25% burden) = 6,118 

hours], as well as the figure for oral 

disclosures [(570 million calls x 8 

seconds x 25% burden = 316,667 hours) 

+ (570 million outbound calls x 40% 

(upsell conversion) x 20% sales 

conversion x 25% burden x 8 seconds 

= 25,333 hours) + (2.8 billion inbound 

calls x 40% upsell conversion x 20% 

sales conversion x 25% burden x 8 

seconds) = 124,444 hours].30

Staff also estimates that the specific 

sales disclosures require 48,160 hours 

annually [(570 million calls x 5% 

[estimate for outbound calls involving 

prize promotions31 ] x 3 seconds x 25% 

burden = 5,938 hours) + (570 million 

calls x .1% [estimate for outbound calls 

involving credit card loss protection 

(‘‘CCLP’’)] x 4 seconds x 25% burden = 

158 hours) + (570 million calls x 40% 

upsell conversions x 20% sales 

conversions x .1% [estimate for 

outbound calls involving CCLP 

upsells32 ] x 4 seconds x 25% burden = 

13 hours) + (2.8 billion inbound calls x 

40% upsell conversion x 20% sales 

conversion x .1% [estimate for inbound 

calls involving CCLP upsells] x 4 

seconds x 25% burden = 62 hours) + 

(570 million outbound calls x 10% 

[estimate for outbound calls involving 

negative options] x 4 seconds x 25% 

burden = 15,833 hours) + (570 outbound 

million calls x 40% upsell conversion x 

20% sales conversions x 10% [estimate 

for outbound calls involving negative 

option upsells] x 4 seconds x 25% 

burden = 1,267 hours) + (2.8 billion 

inbound calls x 40% upsell conversions 

x 20% sales conversions x 10% 

[estimate for inbound calls involving 

negative option upsells] x 4 seconds33 x 

25% burden) = 6,222 hours] + (2.8 

billion inbound calls x .3% [estimate for 

inbound calls involving business 

opportunities34 ] x 8 seconds = 18,667 

hours). 

The total annual burden for all of the 

sales disclosures is 520,722 hours 

(472,562 general + 48,160 specific sales 

disclosures) or, by rough approximation 

(allowing that some entities conducting 

inbound telemarketing will be exempt 

from oral disclosure if making certain 

written disclosures), 36 hours annually 

per firm (520,722 hours ÷ 14,335). 

Finally, any entity that accesses the 

Registry, regardless whether it is paying 

for access, must submit minimal 

identifying information to the operator 

of the Registry. This basic information 

includes the name, address, and 

telephone number of the entity; a 

contact person for the organization; and 

information about the manner of 

payment. The entity also must submit a 

list of the area codes for which it 

requests information and certify that it 

is accessing the Registry solely to 

comply with the provisions of the TSR. 

If the entity is accessing the Registry on 

behalf of other seller or telemarketer 

clients, it has to submit basic identifying 

information about those clients, a list of 

the area codes for which it requests 

information on their behalf, and a 

certification that the clients are 

accessing the Registry solely to comply 

with the TSR. 

As it has since the Commission’s 

initial proposal to implement user fees 

under the TSR, FTC staff estimates that 

affected entities will require no more 

than two minutes for each entity to 

submit this basic information, and 

anticipates that each entity will have to 

submit the information annually.35

Based on the number of entities 

accessing the Registry that are subject to 

the TSR, this requirement will result in 

478 burden hours (14,335 entities x 2 

minutes per entity). In addition, FTC 

staff continues to estimate that up to 

one-half of those entities may need, 

during the course of their annual period, 

to submit their basic identifying 

information more than once in order to 

obtain additional area codes of data. 

Thus, this would result in an additional 

239 burden hours. Accordingly, 

accessing the Registry will impose a 

total reporting burden of approximately 

717 hours per year. 

Cumulative of the above components, 

disclosure (1,086,389 + 472,562 + 

48,160 = 1,607,111 hours) and reporting 

burden (717 hours) for the live 

telemarketing call provisions of the TSR 

is 1,607,828 hours. 

B. Prerecorded Call Amendment 

Staff estimates that the 2,810 sellers36

will require, on average, 4 hours each— 

11,240 hours—to implement the 

incremental disclosure requirements 

mandated by the 2008 TSR 

amendments. Those amendments 

require the following tasks: (1) one-time 

creation, recording, and implementation 

of a brief telephone script requesting a 

consumer’s agreement via a telephone 

keypad response;37 (2) one-time 

modification of or newly created 

electronic forms to obtain agreements to 

receive prerecorded calls for use in 

emails to consumers or on a website38

(3) one-time revision of any existing 

paper forms (e.g., credit card or loyalty 

club forms, or printed consumer 

contracts) to include a request for the 

consumer’s agreement to receive 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 25545 

39 The Commission has provided suggested 

language for this purpose that should minimize the 

time required to modify any paper disclosures. 73 

FR at 51181. 40 The FCC has required a similar disclosure for 

all prerecorded calls to consumers since 1993. 47 

CFR 64.1200(b)(2) (requiring disclosure of a 

telephone number ‘‘[d]uring or after the message’’ 

that consumers who receive a prerecorded message 

call can use to assert a company-specific do-not-call 

request). 

41 This rounded figure is derived from the mean 

hourly earnings shown for computer support 

specialists found in the National Compensation 

Survey: Occupational Earnings in the United States 

2007, U.S. Department of Labor released August 

2008, Bulletin 2704, Table 3 (‘‘Full-time civilian 

workers,’’ mean and median hourly wages). See 

(http://www.bls.gov/ncs/ncswage2007.htm). 

42 This hourly wage is based on (http:// 

www.bls.gov/ncs/ncswage2007.htm) (National 

Compensation Survey: Occupational Earnings in 

the United States 2007, U.S. Department of Labor 

released August 2008, Bulletin 2704, Table 3 (‘‘Fulltime civilian workers,’’ mean and median hourly 

wages), and reflects a blending of mean hourly 

earnings for various managerial subcategories 

(operations, advertising, marketing, sales) and 

computer systems analysts. 

43 This rounded figure is derived from the mean 

hourly earnings shown for telemarketers found in 

the National Compensation Survey: Occupational 

Earnings in the United States 2007, U.S. 

Department of Labor released August 2008, Bulletin 

2704, Table 3 (‘‘Full-time civilian workers,’’ mean 

and median hourly wages). See (http://www.bls.gov/ 

ncs/ncswage2007.htm). 

44 Staff believes that remaining non-labor costs 

would largely be incurred by affected entities, 

regardless, in the ordinary course of business and/ 

or marginally be above such costs. 

prerecorded calls;39 and (4) related legal 

consultation, if needed, regarding 

compliance. Annualized for an 

‘‘average’’ year over the prospective 3- 

year PRA clearance (May 31, 2009—May 

31, 2012), this amounts to 3,747 hours 

per year. 

The required opt-out disclosure for all 

prerecorded calls mandated by the 2008 

amendments would not require any 

greater time increment, and arguably 

less, than the pre-existing FCC 

disclosure provision.40 In any event, 

because the ‘‘opt-out’’ disclosure applies 

only to prerecorded calls, which are 

fully automated, no additional 

manpower hours would be expended in 

its electronic delivery. 

Estimated Annual Labor Cost: 

$21,498,863 

Estimated Annual Non-Labor Cost: 

$6,502,350 

Recordkeeping Labor and Non-Labor 

Costs: 

A. Live Telemarketing Call Provisions of 

the TSR 

1. Labor Costs 

Assuming a cumulative burden of 

7,500 hours/year to set up compliant 

recordkeeping systems for new 

telemarketing entities (75 new entrants/ 

year x 100 hours each), and applying to 

that a skilled labor rate of $25/hour,41

labor costs would approximate $187,500 

yearly for all new telemarketing entities. 

As indicated above, staff estimates that 

existing telemarketing entities require 

14,335 hours, cumulatively, to maintain 

compliance with the TSR’s 

recordkeeping provisions. Applying a 

clerical wage rate of $14/hour, 

recordkeeping maintenance for existing 

telemarketing entities would amount to 

an annual cost of approximately 

$200,690. 

Thus, estimated labor cost for 

recordkeeping associated with the TSR 

for both new and existing entities, 

including the prerecorded call 

amendment, is $388,190. 

2. Non-Labor Costs 

Staff believes that the capital and 

start-up costs associated with the TSR’s 

information collection requirements are 

de minimis. The Rule’s recordkeeping 

requirements mandate that companies 

maintain records, but not in any 

particular form. While those 

requirements necessitate that affected 

entities have a means of storage, 

industry members should have that 

already regardless of the Rule. Even if 

an entity finds it necessary to purchase 

a storage device, the cost is likely to be 

minimal, especially when annualized 

over the item’s useful life. The Rule’s 

disclosure requirements require no 

capital expenditures. 

Affected entities need some storage 

media such as file folders, computer 

diskettes, or paper in order to comply 

with the Rule’s recordkeeping 

requirements. Although staff believes 

that most affected entities would 

maintain the required records in the 

ordinary course of business, staff 

estimates that the approximately 14,335 

telemarketers subject to the Rule spend 

an annual amount of $50 each on office 

supplies as a result of the Rule’s 

recordkeeping requirements, for a total 

recordkeeping cost burden of $716,750. 

B. Prerecorded Call Amendment 

1. Labor Costs 

As noted above, staff estimates that 

2,810 existing sellers that make use of 

prerecorded calls will require 937 

hours, cumulatively, on an annualized 

basis projected over the anticipated 

future term of PRA clearance, to comply 

with the amendment’s recordkeeping 

requirements. Staff assumes that the 

aforementioned tasks will be performed 

by managerial and/or professional 

technical personnel, at an hourly rate of 

$42.42 Accordingly, incremental labor 

cost on an annualized basis would total 

$39,354. 

2. Non-Labor Costs 

Other than the initial recordkeeping 

costs, the amendment’s written 

agreement requirement will impose de 

minimis costs, as discussed above. The 

one possible exception that might arise 

involves credit card or loyalty program 

agreements that retailers revise to 

request agreements from consumers to 

receive prerecorded calls. Retailers 

might have to replace any existing 

supplies of such agreements. Staff 

believes, however, that the one-year 

phase-in of the written agreement 

requirement will allow retailers to 

exhaust existing supplies of any such 

preprinted forms, so that no material 

additional cost would be incurred to 

print revised forms. 

Disclosure Burden Labor & Non-labor 

Costs 

A. Live Telemarketing Call Provisions of 

the TSR 

1. Labor Costs 

The estimated annual labor cost for 

disclosures for all telemarketing entities 

is $20,901,764. This total is the product 

of applying an assumed hourly wage 

rate of $1343 to the earlier stated 

estimate of 1,607,828 hours pertaining 

to general and specific disclosures in 

initial calls, upsells, and supplying 

basic identifying information to the 

Registry operator. 

2. Non-Labor Costs 

Oral disclosure estimates, discussed 

above, totaling 1,607,111 hours, applied 

to a retained estimated commercial 

calling rate of 6 cents per minute ($3.60 

per hour), amounts to $5,785,600 in 

phone-related costs.44 This excludes the 

717 hours of reporting hour burden 

applicable to entities submitting 

identifying information to access the 

Registry, which is done online and, for 

which, non-labor costs would be de 

minimis. 

Staff believes that the estimated 2,447 

inbound telemarketing entities choosing 

to comply with the Rule through written 

disclosures incur no additional capital 

or operating expenses as a result of the 

Rule’s requirements because they are 

likely to provide written information to 

prospective customers in the ordinary 

course of business. Adding the required 

disclosures to that written information 

likely requires no supplemental nonlabor expenditures. 

B. Prerecorded call amendment 

1. Labor Costs 

Staff estimates that approximately 

75% of the disclosure-related tasks 

25546 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 

45 This rounded figure is derived from the mean 

hourly earnings shown for lawyers found in the 

National Compensation Survey: Occupational 

Earnings in the United States 2007, U.S. 

Department of Labor released August 2008, Bulletin 

2704, Table 3 (‘‘Full-time civilian workers,’’ mean 

and median hourly wages). See (http://www.bls.gov/ 

ncs/ncswage2007.htm). 

46 See, e.g., Comment by IAC/InterActiveCorp & 

HSN LLC, #525547–00600 (Dec. 18, 2006), at 3, 

available at (http://www.ftc.gov/os/comments/ 

tsrrevisedcallabandon/index.shtm) (Comment No. 

278 of 631). 

previously noted would be performed 

by managerial and/or professional 

technical personnel, again, at an hourly 

rate of $42, with 25% allocable to legal 

staff, at an hourly rate of $55.45

Thus, of the 3,747 total estimated 

disclosure burden hours, 2,810 hours 

would be attributable to managerial 

and/or professional technical personnel, 

with the remaining 937 hours 

attributable to legal staff. This yields 

$118,020 and $51,535, respectively, in 

labor costs—in total, $169,555. 

2. Non-Labor Costs 

The amendment requires sellers 

seeking written agreements from 

consumers to disclose clearly and 

conspicuously that the purpose of the 

agreement is to authorize the seller to 

place prerecorded calls to them. Other 

than the initial recordkeeping costs, this 

disclosure requirement will impose de 

minimis costs, for the reasons discussed 

above. 

Similarly, staff has no reason to 

believe that the amendment’s 

requirement of an automated interactive 

opt-out mechanism will impose other 

than de minimis costs, for the reasons 

discussed above. The industry 

comments on the amendment uniformly 

support the view that automated 

interactive keypress technologies are 

now affordable, cost-effective, and 

widely available.46 Moreover, most, if 

not all of the industry telemarketers 

who commented, including many small 

business telemarketers, said they are 

currently using interactive keypress 

mechanisms. Thus, it does not appear 

that this requirement will impose any 

material capital or other non-labor costs 

on telemarketers. 

Thus, cumulatively for the live 

telemarketing call provisions of the TSR 

and the prerecorded call amendment, 

total labor costs are $21,498,863 

($388,190 + $39,354 + $20,901,764 + 

$169,555); total capital and other nonlabor costs are $6,502,350 (office 

supplies and phone-related costs). 

David C. Shonka, 

Acting General Counsel. 

[FR Doc. E9–12414 Filed 5–27–09: 8:45 am] 

BILLING CODE 6750–01–S 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0277] 

Office of Citizen Services and 

Communications; Submission for OMB 

Review; Market Research Collection 

AGENCY: Office of Citizen Services and 

Communications, GSA. 

ACTION: Notice of request for comments 

regarding a renewal to an existing OMB 

clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the General Services 

Administration will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

a renewal of a currently approved 

information collection requirement 

regarding Market Research for the Office 

of Citizen Services and 

Communications. The OMB clearance 

currently expires on July 31, 2009. 

This information collection will be 

used to determine the utility and ease of 

use of GSA’s Web site, http:// 

www.gsa.gov. The respondents include 

individuals and representatives from 

businesses currently holding GSA 

contracts. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

June 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jocelyn Johnson, Office of Citizen 

Services and Communications, at 

telephone (202) 208–0043, or via e-mail 

to jocelyn.johnson@gsa.gov. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden, to the Regulatory Secretariat 

(VPR), General Services Administration, 

1800 F Street, NW., Room 4041, 

Washington, DC 20405. Please cite OMB 

Control No. 3090–0277, Market 

Research Collection for the Office of 

Citizen Services and Communications, 

in all correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

The purpose of this information 

collection is to inform GSA on how to 

best provide service and relevance to 

the American public via GSA’s Web site 

http://www.gsa.gov. The information 

collected from an online survey, focus 

groups, and Web site usability testing 

will be used to refine the http:// 

www.gsa.gov Web site. The questions to 

be asked are non-invasive and do not 

address or probe sensitive issues. It is 

important for the GSA to gain 

information from the many diffuse 

groups it serves; therefore, the GSA will 

be questioning individuals and 

households, and businesses and other 

for-profit groups. 

B. Annual Reporting Burden 

Respondents: 190. 

Responses per Respondent: 1. 

Hours per Response: 72.6 minutes. 

Total Burden Hours: 230. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 3090–0277, 

Market Research Collection for the 

Office of Citizen Services and 

Communications, in all correspondence. 

Casey Coleman, 

Chief Information Officer. 

[FR Doc. E9–12385 Filed 5–27–09; 8:45 am] 

BILLING CODE 6820–CX–P 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0277] 

Office of Citizen Services and 

Communications; Submission for OMB 

Review; Market Research Collection 

AGENCY: Office of Citizen Services and 

Communications, GSA. 

ACTION: Notice of request for comments 

regarding a renewal to an existing OMB 

clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the General Services 

Administration will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

a renewal of a currently approved 

information collection requirement 

regarding Market Research for the Office 

of Citizen Services and 

Communications. The OMB clearance 

currently expires on July 31, 2009. 

This information collection will be 

used to determine the utility and ease of 

use of GSA’s Web site, http:// 

www.gsa.gov. The respondents include 

individuals and representatives from