View Information Collection Request (ICR) Package

OMB Control No: 3084-0127	ICR Reference No: 201611-3084-004
Status: Historical Inactive	Previous ICR Reference No: 201609-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: Contact Lens Rule
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 01/09/2017
	Date Received in OIRA: 12/07/2016
Terms of Clearance: The FTC should consider comments received regarding the information collection instrument(s) and provide a response and any necessary adjustments in its next submission to OMB.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2019	10/31/2019	12/31/2019
Responses	58,792,524	0	58,792,524
Time Burden (Hours)	1,903,315	0	1,903,315
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. In September 2015, the FTC sought public comment on the costs, benefits, and impact of the Rule as part of its systematic review of all current FTC rules and guides. The Commission received 660 comments from interested parties and stakeholders. After reviewing these comments and other evidence, the agency has determined that it would be beneficial to increase compliance with the automatic prescription release requirement. The Commission therefore proposes to amend the Rule to require contact lens prescribers to obtain a signed acknowledgement after releasing a contact lens prescription to a patient, and to maintain it for at least three years.

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:
3084-AB36	Proposed rulemaking	81 FR 88526	12/07/2016

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Based on twelve years of experience enforcing the Rule and after carefully considering the 660 comments that were submitted pursuant to the ongoing periodic review of the Rule, the Commission believes that the overall weight of evidence indicates that compliance with the automatic prescription release provision could be substantially improved. To further the goals of the Fairness to Contact Lens Consumers Act, the Commission proposes to amend the Rule to require that contact lens prescribers obtain a signed acknowledgment after releasing a contact lens prescription to a patient, and maintain each such acknowledgment for a period of not less than three years. Such signed acknowledgments shall be available for inspection by the Federal Trade Commission, its employees, and its representatives. The Commission believes this provision will help inform patients of their right to their prescriptions, increase the number of patients who receive their prescriptions, and, consequently, increase the number of purchases made with initial presentations of complete and valid prescriptions, thus reducing the number of verifications by third-party sellers. The Commission believes that requiring signed acknowledgments would also improve the Commission’s verification and enforcement ability. The addition of a signed acknowledgment requirement would accomplish the desired objectives with little increased burden on prescribers (estimated one minute per patient).

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: Elizabeth Delaney 202 326-2903 edelaney@ftc.gov

View ICR - OIRA Conclusion