View Information Collection Request (ICR) Package

OMB Control No: 3084-0127	ICR Reference No: 201609-3084-001
Status: Historical Active	Previous ICR Reference No: 201307-3084-002
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: 10/19/2016
	Date Received in OIRA: 09/09/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2019	36 Months From Approved	10/31/2016
Responses	58,792,524	0	52,685,613
Time Burden (Hours)	1,903,315	0	1,594,981
Cost Burden (Dollars)	0	0	0

Abstract: The Rule implements 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. Sellers who seek verification of contact lens prescriptions must retain one or two records for each contact lens sale: Either the relevant prescription itself, or the verification request and any response from the prescriber.

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:
	81 FR 31938	05/20/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 62501	09/09/2016
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	58,792,524	52,685,613	6,106,911
Annual Time Burden (Hours)	1,903,315	1,594,981	308,334
Annual Cost Burden (Dollars)	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 since the FTC’s prior clearance renewal in 2013. The increased estimates for burden hours are largely due to an upward adjustment in the estimated number of contact lens wearers (from 38 million in 2013 to 41 million in 2016) and staff’s belief that the percentage of sales in the industry that requires an original prescriber to correct a prescription from a third-party seller is currently higher than what was previously estimated (from 5.1% in 2013 to 15% in 2016) along with the instances where an original prescriber voluntarily confirms a request to a third-party seller that is already correct (from 5.1% in 2013 to 15% in 2016). Additionally, there is an increase in the estimated amount of time that prescribers spend responding to verification requests from third-party sellers (from 3 minutes per request in 2013 to 5 minutes per request in 2016). Finally, there is an upward adjustment in our annual labor costs stemming from updated labor categories that now include ophthalmologists as a portion of prescribers’ costs. Previously, such costs were covered exclusively by optometrists which have a lower mean hourly rate.

Annual Cost to Federal Government: $52,000

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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: Alysa Bernstein 202 326-3289 abernstein@ftc.gov

View ICR - OIRA Conclusion