Extension without change of a currently approved collection
No
Regular
12/20/2023
Requested
Previously Approved
36 Months From Approved
12/31/2023
143,497,800
154,747,800
3,104,050
2,979,050
591,300
591,300
The Federal Trade Commission (“FTC” or
“Commission”) requests approval for a three-year extension of an
existing clearance relating to the disclosure and recordkeeping
requirements under the Contact Lens Rule (“Rule”), 16 C.F.R. Part
315. There is no change in the instrument collection. The Rule
which was effective in 2004, implemented the Fairness to Contact
Lens Consumer Act of 2003 (15 U.S.C. 7601-7610). The Act seeks to
enable consumers to purchase contact lenses from the seller of
their choice. Among other things, the Act requires contact lens
prescribers to provide contact lens prescriptions to their
patients, and to provide or verify contact lens prescriptions to
third parties designated by patients. On June 23, 2020, the Federal
Trade Commission announced a Final Rule amendment to enhance and
further ensure compliance with the Fairness to Contact Lens
Consumers Act's requirement that prescribers automatically provide
their patients with a copy of their prescription upon completion of
a contact lens fitting. The Final Rule requires prescribers to
request that their patients confirm that they have received their
prescription, and allows flexibility in the way the prescription
and confirmation are provided. Prescribers must maintain proof that
they satisfied the confirmation of prescription release requirement
for at least three years. Eye doctors were already required by law
to provide every patient with a copy of his or her contact lens
prescription, allowing patients to comparison shop for lenses. This
rule change will help to ensure that eye doctors fulfill their
obligations, and will facilitate FTC enforcement of these important
requirements. To address concerns about third-party sellers
verifying prescriptions by leaving incomplete or incomprehensible
automated telephone messages with prescribers, sellers who use
automated telephone messages for verification must record the calls
and preserve the recordings for three years. This will likely
require a minimal amount of capital and other non-labor costs to
record the calls and store them electronically.
There is an upward adjustment
in our annual burden hours from 2,979,050 (2020) to 3,104,050
(2023). The annual labor costs stemming from slightly higher
estimated burden hours and average hourly rates go from
$104,448,448 (2020) to $117,606,598 (2023).
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:
(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;
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.
Contact Lens Rule SS - 12_15_2023-FINAL.pdf
Contact Lens Rule: Third Party Sellers (not original prescribers) with recordkeeping obligations when verification not required