Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3084-0127
ICR Reference No:
202312-3084-003
Status:
Active
Previous ICR Reference No:
202008-3084-001
Agency/Subagency:
FTC
Agency Tracking No:
Title:
Contact Lens 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:
01/26/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/20/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2027
36 Months From Approved
01/31/2024
Responses
143,497,800
0
154,747,800
Time Burden (Hours)
3,104,050
0
2,979,050
Cost Burden (Dollars)
591,300
0
591,300
Abstract:
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.
Authorizing Statute(s):
PL:
Pub.L. 108 - 164 1-12
Name of Law: Fairness to Contact Lens Consumers Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 55044
08/14/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 88076
12/20/2023
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
Contact Lens Rule: Prescribers responding to verification requests
Contact Lens Rule: Third Party Sellers (not original prescribers) where verification and retention required
Contact Lens Rule: Part I of Prescribers' disclosure obligations to contact lens wearers
Contact Lens Rule: Third Party Sellers (not original prescribers) with recordkeeping obligations when verification not required
Part II of Prescribers' disclosure obligations to contact lens wearers who read, sign and return a confirmation statement
Part III of Prescribers' disclosure obligations to contact lens wearers who consent to electronic delivery of Confirmation of Prescription Release requirement
Prescriber's record retention obligations to contact lens wearers who consent to electronic delivery of Confirmation of Prescription Release requirement
Prescribers' Record Retention Requirement
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
143,497,800
154,747,800
0
0
-11,250,000
0
Annual Time Burden (Hours)
3,104,050
2,979,050
0
0
125,000
0
Annual Cost Burden (Dollars)
591,300
591,300
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 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).
Annual Cost to Federal Government:
$52,000
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?
No
Agency Contact:
Paul Spelman 202 325-2486 pspelman@ftc.gov
Common Form ICR:
No
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:
12/20/2023