Agency Information Collection Activities; Comment Request, 62109-62111 [E6-17666]

Download as PDF Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 6, 2006. A. Federal Reserve Bank of Kansas City (Donna J. Ward, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: 1. Winter Trust of 12/3/74, Ottawa, Kansas, and its subsidiary, Peoples, Inc., Colorado Springs, Colorado, to engage indirectly in mortgage lending activities, pursuant to section 225.28(b)(1) of Regulation Y, through the acquisition of a 60 percent interest in Oread Mortgage, L.L.C., Lawrence, Kansas, by Peoples Bank, Lawrence, Kansas. Board of Governors of the Federal Reserve System, October 17, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc.E6–17595 Filed 10–20–06; 8:45 am] BILLING CODE 6210–01–S FEDERAL TRADE COMMISSION Agency Information Collection Activities; Comment Request Federal Trade Commission (FTC or Commission). ACTION: Notice. mstockstill on PROD1PC76 with NOTICES AGENCY: SUMMARY: The FTC is soliciting public comments on proposed information requests to food and beverage companies and quick service restaurants. These comments will be considered before the FTC submits a request for Office of Management and Budget (OMB) review under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501–3520, of compulsory process orders to major food and beverage manufacturers and quick service restaurant companies in order to obtain information from those companies concerning, among other things, their marketing activities and expenditures targeted toward children and adolescents. VerDate Aug<31>2005 15:50 Oct 20, 2006 Jkt 211001 Comments on the proposed information requests must be received on or before December 21, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Food Industry Marketing to Children Report: Paperwork Comment; FTC File No. P064504’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission/ Office of the Secretary, Room H–135 (Annex R), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Because paper mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, as prescribed below. However, if the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled ‘‘Confidential.’’1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible. Comments filed in electronic form should be submitted by using the following Weblink: https:// secure.commentworks.com/ foodmarketingpaperworkcomment (and following the instructions on the Webbased 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/foodmarketing paperworkcomment. If this notice appears at https://www.regulations.gov, you may also file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it. The Federal Trade Commission Act, 15 U.S.C. 42–58 (FTC Act), and other laws the Commission administers permit the collection of public comments to consider and use as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at https://www.ftc.gov. As a matter of discretion, the FTC makes every effort to DATES: 1 Any request for confidential treatment, including the factual and legal basis for the request, must accompany the comment 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 Commission Rule 4.9(c), 16 CFR 4.9(c). PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 62109 remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at https://www.ftc.gov/ ftc/privacy.htm. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be addressed to Mary Johnson, 202–326–3115, or Rielle Montague, 202–326–2645, Attorneys, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission. The FTC staff contacts can be reached by mail at: Federal Trade Commission, 600 Pennsylvania Avenue, NW., NJ–3212, Washington, DC 20580. SUPPLEMENTARY INFORMATION: On November 22, 2005, the President signed a bill appropriating funds for the Commission for FY 2006. Public Law 109–108. The Conference Report (H.R. Rep. No. 109–272 (2005)) for this law incorporates by reference language from the Senate Report (S. Rep. No. 109–88 (2005)), instructing the FTC to prepare a report on food industry marketing activities and expenditures targeted to children and adolescents.2 To prepare the report, the Commission needs relevant information, including empirical data, on the nature and extent of marketing activities and expenditures targeted to children and adolescents. On March 1, 2006, the FTC published a notice in the Federal Register requesting relevant information. 71 FR 10535. In response, the Commission received comments from five food industry associations, two public health advocacy organizations, a marketing trade organization, and one individual.3 In general, the comments suggested resources from which relevant information may be available 4 and points to consider in developing the report. However, the comments presented minimal information, especially empirical data, on the nature and extent of marketing activities and expenditures targeted to children and adolescents. The Commission thus 2 The Senate Report requests that the FTC’s report: Include an analysis of commercial advertising time on television, radio, and in print media; in-store marketing; direct payments for preferential shelf placement; events; promotions on packaging; all Internet activities; and product placements in television shows, movies, and video games. 3 The comments are available at https://www.ftc.gov/os/comments/ foodmarketingstudy/index.htm. 4 Many of the suggested resources charge substantial amounts for information. Public Law 109–108 did not contain any specific funding to acquire information for this study. E:\FR\FM\23OCN1.SGM 23OCN1 62110 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices mstockstill on PROD1PC76 with NOTICES requires additional data and information in order to complete the report. The FTC has the authority to compel production of this data and information from food and beverage companies and quick service restaurants under Section 6(b) of the FTC Act, 15 U.S.C. 46(b). The Commission intends to send its information requests to the ultimate parents of these types of companies to assure that no relevant data from affiliated or subsidiary companies goes unreported. Because the number of separately incorporated companies affected by the Commission’s requests will exceed ten entities, the Commission intends to seek OMB clearance under the Paperwork Reduction Act (PRA) before sending any information requests. Under the PRA, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. ‘‘Collection of information’’ means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. (44 U.S.C. 3502(3), 5 CFR 1320.3(c)). As required by the PRA, 44 U.S.C. 3506(c)(2)(A), the FTC is providing this opportunity for public comment before requesting that OMB grant the clearance for the proposed information collection requirements. The FTC invites comments on: (1) Whether the proposed collections of information are necessary for the proper performance of the functions of the FTC, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before December 21, 2006. A. Information Requests to Food and Beverage Industry Members 1. Description of the Collection of Information and Proposed Use The FTC proposes to send information requests to approximately fifty (50) ultimate parent companies of VerDate Aug<31>2005 15:50 Oct 20, 2006 Jkt 211001 food and beverage and quick service restaurant companies in the United States (‘‘industry members’’). The companies that are likely to receive these information requests are those selling the categories of food and beverage products that appear to be advertised to children most frequently. Specifically, these categories of products are likely to include quick service restaurant items, breakfast cereals, snack foods, candy and gum, carbonated and noncarbonated beverages, frozen and chilled desserts, prepared meals, and dairy products, including milk and yogurt. In addition, the FTC proposes to collect information from major marketers of fruits and vegetables to ensure that data are gathered regarding efforts to promote consumption of these foods among children and adolescents. The information requests will seek data regarding, among other things: (1) The types of foods marketed to children and adolescents; (2) the types of measured 5 and unmeasured 6 media techniques used to market products to children and adolescents; (3) the amount spent to communicate marketing messages in measured and unmeasured media to children and adolescents; and (4) the amount of commercial advertising time in measured media directed to children and adolescents that results from this spending. It should be noted that subsequent to this notice, any destruction, removal, mutilation, alteration, or falsification of documentary evidence that may be responsive to this information collection within the possession or control of a person, partnership, or corporation subject to the FTC Act may be subject to criminal prosecution. 15 U.S.C. 50; see also 18 U.S.C. 1505. Section 6(f) of the FTC Act, 15 U.S.C. 46(f), bars the Commission from publicly disclosing trade secrets or confidential commercial or financial information it receives from persons pursuant to, among other methods, special orders authorized by Section 6(b) of the FTC Act. Such information also would be exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552(b)(4)). Moreover, under Section 21(c) of the FTC Act, 15 U.S.C. 57b–2(c), a submitter who designates a 5 ‘‘Measured media’’ includes methods such as television, print (magazine and newspaper), radio, outdoor advertising, and some forms of Internet advertising. 6 ‘‘Unmeasured media’’ includes methods such as in-store marketing (including shelf placement), events, package promotions, and product placement in entertainment media (including television shows, movies, video games, and music recordings). PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 submission as confidential is entitled to 10 days’ advance notice of any anticipated public disclosure by the Commission, assuming that the Commission has determined that the information does not, in fact, constitute 6(f) material. Although materials covered under one or more of these various sections are protected by stringent confidentiality constraints, the FTC Act and the Commission’s rules authorize disclosure in limited circumstances (e.g., official requests by Congress, requests from other agencies for law enforcement purposes, and administrative or judicial proceedings). Even in those limited contexts, however, the Commission’s rules may afford protections to the submitter, such as advance notice to seek a protective order in litigation. See 15 U.S.C. 57b–2; 16 CFR 4.9–4.11. Finally, the information presented in the report will not reveal companyspecific data. See 15 U.S.C. 57b– 2(d)(1)(B). Rather, the Commission anticipates providing information on an anonymous or aggregated basis, in a manner sufficient to protect individual companies’ confidential information, to provide a factual summary of food industry marketing activities and expenditures targeted to children and adolescents. 2. Estimated Hours Burden The FTC staff’s estimate of the hours burden is based on the time required to respond to each information request. The Commission intends to issue the information requests to approximately 50 parent companies of food and beverage and quick service restaurant advertisers. Because these companies vary in size, in the number of products that they market to children and adolescents, and in the extent and variety of their marketing and advertising, the FTC staff has provided a range of the estimated hours burden. Based upon its knowledge of the industries, the staff estimates, on average, that the time required to gather, organize, format, and produce such responses ranges between 80–120 hours per information request for companies that market a single category of product to children and adolescents. Staff estimates that companies that market multiple categories of products to children and adolescents would spend between 120–300 hours to respond to an information request. The total estimated burden per company is based on the following: Identify, obtain, and organize sales information, prepare response: 15–35 hours. E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices Identify, obtain, and organize information on advertising and marketing expenditures, prepare response: 15–75 hours. Identify, obtain, and organize media placement information, prepare response: 40–160 hours. Identify, obtain, and organize information regarding marketing policies, prepare response: 10–30 hours. Total 80–300 hours. Assuming that approximately 35 information requests are sent to parent companies that market a single category of product to children and adolescents, staff estimates a total burden for these companies of 3,500 hours (35 companies × 100 average burden hours per company). Assuming that approximately 15 information requests are sent to parent companies that market multiple categories of products to children and adolescents, staff estimates a total of approximately 3,150 hours (15 companies × 210 average burden hours per company). Thus, the staff’s estimate of the total burden is approximately 6,650 hours. These estimates include any time spent by separately incorporated subsidiaries and other entities affiliated with the ultimate parent company that has received the information request. mstockstill on PROD1PC76 with NOTICES 3. Estimated Cost Burden It is difficult to calculate with precision the labor costs associated with this data production, as they entail varying compensation levels of management and/or support staff among companies of different sizes. Financial, legal, marketing, and clerical personnel may be involved in the information collection process. The FTC staff has assumed that professional personnel and outside legal counsel will handle most of the tasks involved in gathering and producing responsive information, and has applied an average hourly wage of $250/hour for their labor. Thus, the staff estimates that the total labor costs for the information requests will be $1,662,500 (($250 × 3,500 hours for companies that market a single category) + ($250 × 3,150 hours for companies that market multiple categories)). FTC staff estimates that the capital or other non-labor costs associated with the information requests are minimal. Although the information requests may necessitate that industry members maintain the requested information provided to the Commission, they should already have in place the means VerDate Aug<31>2005 15:50 Oct 20, 2006 Jkt 211001 to compile and maintain business records. John D. Graubert, Acting General Counsel. [FR Doc. E6–17666 Filed 10–20–06; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Toxicology Program (NTP); Liaison and Scientific Review Office; Meeting of the NTP Board of Scientific Counselors National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health. ACTION: Meeting announcement and request for comments. AGENCY: SUMMARY: Pursuant to Public Law 92– 463, notice is hereby given of a meeting of the NTP Board of Scientific Counselors (NTP BSC). The NTP BSC is composed of scientists from the public and private sectors and provides primary scientific oversight to the Director for the NTP and evaluates the scientific merit of the NTP’s intramural and collaborative programs. DATES: The NTP BSC meeting will be held on December 1, 2006. In order to facilitate planning for this meeting, persons wishing to make an oral presentation are asked to notify the Executive Secretary for the NTP BSC by November 17, 2006 (see FOR FURTHER INFORMATION CONTACT below). Written comments should also be received by November 17, 2006, to enable review by the NTP BSC and NIEHS/NTP staff prior to the meeting. Persons needing special assistance, such as sign language interpretation or other reasonable accommodation in order to attend, should contact 919–541–2475 (voice), 919–541–4644 TTY (text telephone), through the Federal TTY Relay System at 800–877–8339, or by e-mail to niehsoeeo@niehs.nih.gov. Requests should be made at least 7 days in advance of the event. ADDRESSES: The NTP BSC meeting will be held in the Rodbell Auditorium, Rall Building at the National Institute of Environmental Health Sciences, 111 T. W. Alexander Drive, Research Triangle Park, NC 27709. FOR FURTHER INFORMATION CONTACT: Public comments and any other correspondence should be submitted to Dr. Barbara Shane, Executive Secretary for the NTP Board (NTP Liaison and Scientific Review Office, NIEHS, P.O. Box 12233, MD A3–01, Research Triangle Park, NC 27709; telephone: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 62111 919–541–4253, fax: 919–541–0295; or email: shane@niehs.nih.gov). SUPPLEMENTARY INFORMATION: Preliminary Agenda Topics and Availability of Meeting Materials Preliminary agenda topics are as follows: • NTP Retreat. • Update of NTP Activities. • Reports on Workshops related to the NTP Roadmap. • NTP BSC’s Technical Report Review Subcommittee Report. • Concept Reviews for the NTP/ NIEHS Host Susceptibility Program and the NTP/NIEHS MRI Imaging Contract. • NTP/NIEHS Exposure Biology Program. • Nominations to the Center for Evaluation of Risks to Human Reproduction. A copy of the preliminary agenda, committee roster, and any additional information, when available, will be posted on the NTP Web site (https:// ntp.niehs.nih.gov select Advisory Board and Committees) or may be requested in hardcopy from the Executive Secretary for the NTP BSC (see FOR FURTHER INFORMATION CONTACT above). Following the meeting, summary minutes will be prepared and made available on the NTP Web site. Attendance and Registration The meeting is scheduled for December 1, 2006, from 8:30 a.m. to adjournment and is open to the public with attendance limited only by the space available. Individuals who plan to attend are encouraged to register online at the NTP Web site by November 22, 2006, to facilitate access to the NIEHS campus. Please note that a photo ID is required to access the NIEHS campus. The NTP is making plans to videocast the meeting through the Internet at https://www.niehs.nih.gov/external/ video.htm. Request for Comments Time is allotted during the meeting for the public to present comment to the NTP BSC and NTP staff on the agenda topics. Each organization is allowed one time slot per agenda topic. At least 7 minutes will be allotted to each speaker, and if time permits, may be extended to 10 minutes. Registration for oral comments will also be available on-site, although time allowed for presentation by on-site registrants may be less than that for pre-registered speakers and will be determined by the number of persons who register at the meeting. Persons registering to make oral comments are asked, if possible, to send a copy of their statement to the Executive Secretary for E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 71, Number 204 (Monday, October 23, 2006)]
[Notices]
[Pages 62109-62111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17666]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Comment Request

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notice.

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SUMMARY: The FTC is soliciting public comments on proposed information 
requests to food and beverage companies and quick service restaurants. 
These comments will be considered before the FTC submits a request for 
Office of Management and Budget (OMB) review under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501-3520, of compulsory process orders 
to major food and beverage manufacturers and quick service restaurant 
companies in order to obtain information from those companies 
concerning, among other things, their marketing activities and 
expenditures targeted toward children and adolescents.

DATES: Comments on the proposed information requests must be received 
on or before December 21, 2006.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Food Industry Marketing to Children Report: 
Paperwork Comment; FTC File No. P064504'' to facilitate the 
organization of comments. A comment filed in paper form should include 
this reference both in the text and on the envelope, and should be 
mailed or delivered, with two complete copies, to the following 
address: Federal Trade Commission/Office of the Secretary, Room H-135 
(Annex R), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Because 
paper mail in the Washington area and at the Commission is subject to 
delay, please consider submitting your comments in electronic form, as 
prescribed below. However, if the comment contains any material for 
which confidential treatment is requested, it must be filed in paper 
form, and the first page of the document must be clearly labeled 
``Confidential.''\1\ The FTC is requesting that any comment filed in 
paper form be sent by courier or overnight service, if possible.
---------------------------------------------------------------------------

    \1\ Any request for confidential treatment, including the 
factual and legal basis for the request, must accompany the comment 
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 Commission Rule 4.9(c), 
16 CFR 4.9(c).
---------------------------------------------------------------------------

    Comments filed in electronic form should be submitted by using the 
following Weblink: https://secure.commentworks.com/
foodmarketingpaperworkcomment (and following the instructions on 
the Web-based form). To ensure that the Commission considers an 
electronic comment, you must file it on the Web-based form at the 
Weblink https://secure.commentworks.com/
foodmarketingpaperworkcomment. If this notice appears at https://
www.regulations.gov, you may also file an electronic comment through 
that Web site. The Commission will consider all comments that 
regulations.gov forwards to it.
    The Federal Trade Commission Act, 15 U.S.C. 42-58 (FTC Act), and 
other laws the Commission administers permit the collection of public 
comments to consider and use as appropriate. All timely and responsive 
public comments, whether filed in paper or electronic form, will be 
considered by the Commission, and will be available to the public on 
the FTC Web site, to the extent practicable, at https://www.ftc.gov. As 
a matter of discretion, the FTC makes every effort to remove home 
contact information for individuals from the public comments it 
receives before placing those comments on the FTC Web site. More 
information, including routine uses permitted by the Privacy Act, may 
be found in the FTC's privacy policy, at https://www.ftc.gov/ftc/
privacy.htm.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Mary Johnson, 202-326-3115, or Rielle Montague, 
202-326-2645, Attorneys, Division of Advertising Practices, Bureau of 
Consumer Protection, Federal Trade Commission. The FTC staff contacts 
can be reached by mail at: Federal Trade Commission, 600 Pennsylvania 
Avenue, NW., NJ-3212, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: On November 22, 2005, the President signed a 
bill appropriating funds for the Commission for FY 2006. Public Law 
109-108. The Conference Report (H.R. Rep. No. 109-272 (2005)) for this 
law incorporates by reference language from the Senate Report (S. Rep. 
No. 109-88 (2005)), instructing the FTC to prepare a report on food 
industry marketing activities and expenditures targeted to children and 
adolescents.\2\ To prepare the report, the Commission needs relevant 
information, including empirical data, on the nature and extent of 
marketing activities and expenditures targeted to children and 
adolescents.
---------------------------------------------------------------------------

    \2\ The Senate Report requests that the FTC's report: Include an 
analysis of commercial advertising time on television, radio, and in 
print media; in-store marketing; direct payments for preferential 
shelf placement; events; promotions on packaging; all Internet 
activities; and product placements in television shows, movies, and 
video games.
---------------------------------------------------------------------------

    On March 1, 2006, the FTC published a notice in the Federal 
Register requesting relevant information. 71 FR 10535. In response, the 
Commission received comments from five food industry associations, two 
public health advocacy organizations, a marketing trade organization, 
and one individual.\3\ In general, the comments suggested resources 
from which relevant information may be available \4\ and points to 
consider in developing the report. However, the comments presented 
minimal information, especially empirical data, on the nature and 
extent of marketing activities and expenditures targeted to children 
and adolescents. The Commission thus

[[Page 62110]]

requires additional data and information in order to complete the 
report.
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    \3\ The comments are available at https://www.ftc.gov/os/
comments/foodmarketingstudy/index.htm.
    \4\ Many of the suggested resources charge substantial amounts 
for information. Public Law 109-108 did not contain any specific 
funding to acquire information for this study.
---------------------------------------------------------------------------

    The FTC has the authority to compel production of this data and 
information from food and beverage companies and quick service 
restaurants under Section 6(b) of the FTC Act, 15 U.S.C. 46(b). The 
Commission intends to send its information requests to the ultimate 
parents of these types of companies to assure that no relevant data 
from affiliated or subsidiary companies goes unreported. Because the 
number of separately incorporated companies affected by the 
Commission's requests will exceed ten entities, the Commission intends 
to seek OMB clearance under the Paperwork Reduction Act (PRA) before 
sending any information requests.
    Under the PRA, federal agencies must obtain approval from OMB for 
each collection of information they conduct or sponsor. ``Collection of 
information'' means agency requests or requirements that members of the 
public submit reports, keep records, or provide information to a third 
party. (44 U.S.C. 3502(3), 5 CFR 1320.3(c)). As required by the PRA, 44 
U.S.C. 3506(c)(2)(A), the FTC is providing this opportunity for public 
comment before requesting that OMB grant the clearance for the proposed 
information collection requirements.
    The FTC invites comments on: (1) Whether the proposed collections 
of information are necessary for the proper performance of the 
functions of the FTC, including whether the information will have 
practical utility; (2) the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (4) ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before December 21, 2006.

A. Information Requests to Food and Beverage Industry Members

1. Description of the Collection of Information and Proposed Use

    The FTC proposes to send information requests to approximately 
fifty (50) ultimate parent companies of food and beverage and quick 
service restaurant companies in the United States (``industry 
members''). The companies that are likely to receive these information 
requests are those selling the categories of food and beverage products 
that appear to be advertised to children most frequently. Specifically, 
these categories of products are likely to include quick service 
restaurant items, breakfast cereals, snack foods, candy and gum, 
carbonated and noncarbonated beverages, frozen and chilled desserts, 
prepared meals, and dairy products, including milk and yogurt. In 
addition, the FTC proposes to collect information from major marketers 
of fruits and vegetables to ensure that data are gathered regarding 
efforts to promote consumption of these foods among children and 
adolescents.
    The information requests will seek data regarding, among other 
things: (1) The types of foods marketed to children and adolescents; 
(2) the types of measured \5\ and unmeasured \6\ media techniques used 
to market products to children and adolescents; (3) the amount spent to 
communicate marketing messages in measured and unmeasured media to 
children and adolescents; and (4) the amount of commercial advertising 
time in measured media directed to children and adolescents that 
results from this spending.
---------------------------------------------------------------------------

    \5\ ``Measured media'' includes methods such as television, 
print (magazine and newspaper), radio, outdoor advertising, and some 
forms of Internet advertising.
    \6\ ``Unmeasured media'' includes methods such as in-store 
marketing (including shelf placement), events, package promotions, 
and product placement in entertainment media (including television 
shows, movies, video games, and music recordings).
---------------------------------------------------------------------------

    It should be noted that subsequent to this notice, any destruction, 
removal, mutilation, alteration, or falsification of documentary 
evidence that may be responsive to this information collection within 
the possession or control of a person, partnership, or corporation 
subject to the FTC Act may be subject to criminal prosecution. 15 
U.S.C. 50; see also 18 U.S.C. 1505.
    Section 6(f) of the FTC Act, 15 U.S.C. 46(f), bars the Commission 
from publicly disclosing trade secrets or confidential commercial or 
financial information it receives from persons pursuant to, among other 
methods, special orders authorized by Section 6(b) of the FTC Act. Such 
information also would be exempt from disclosure under the Freedom of 
Information Act (5 U.S.C. 552(b)(4)). Moreover, under Section 21(c) of 
the FTC Act, 15 U.S.C. 57b-2(c), a submitter who designates a 
submission as confidential is entitled to 10 days' advance notice of 
any anticipated public disclosure by the Commission, assuming that the 
Commission has determined that the information does not, in fact, 
constitute 6(f) material. Although materials covered under one or more 
of these various sections are protected by stringent confidentiality 
constraints, the FTC Act and the Commission's rules authorize 
disclosure in limited circumstances (e.g., official requests by 
Congress, requests from other agencies for law enforcement purposes, 
and administrative or judicial proceedings). Even in those limited 
contexts, however, the Commission's rules may afford protections to the 
submitter, such as advance notice to seek a protective order in 
litigation. See 15 U.S.C. 57b-2; 16 CFR 4.9-4.11.
    Finally, the information presented in the report will not reveal 
company-specific data. See 15 U.S.C. 57b-2(d)(1)(B). Rather, the 
Commission anticipates providing information on an anonymous or 
aggregated basis, in a manner sufficient to protect individual 
companies' confidential information, to provide a factual summary of 
food industry marketing activities and expenditures targeted to 
children and adolescents.

2. Estimated Hours Burden

    The FTC staff's estimate of the hours burden is based on the time 
required to respond to each information request. The Commission intends 
to issue the information requests to approximately 50 parent companies 
of food and beverage and quick service restaurant advertisers. Because 
these companies vary in size, in the number of products that they 
market to children and adolescents, and in the extent and variety of 
their marketing and advertising, the FTC staff has provided a range of 
the estimated hours burden.
    Based upon its knowledge of the industries, the staff estimates, on 
average, that the time required to gather, organize, format, and 
produce such responses ranges between 80-120 hours per information 
request for companies that market a single category of product to 
children and adolescents. Staff estimates that companies that market 
multiple categories of products to children and adolescents would spend 
between 120-300 hours to respond to an information request. The total 
estimated burden per company is based on the following:
    Identify, obtain, and organize sales information, prepare response: 
15-35 hours.

[[Page 62111]]

    Identify, obtain, and organize information on advertising and 
marketing expenditures, prepare response: 15-75 hours.
    Identify, obtain, and organize media placement information, prepare 
response: 40-160 hours.
    Identify, obtain, and organize information regarding marketing 
policies, prepare response: 10-30 hours.
    Total 80-300 hours.
    Assuming that approximately 35 information requests are sent to 
parent companies that market a single category of product to children 
and adolescents, staff estimates a total burden for these companies of 
3,500 hours (35 companies x 100 average burden hours per company). 
Assuming that approximately 15 information requests are sent to parent 
companies that market multiple categories of products to children and 
adolescents, staff estimates a total of approximately 3,150 hours (15 
companies x 210 average burden hours per company). Thus, the staff's 
estimate of the total burden is approximately 6,650 hours. These 
estimates include any time spent by separately incorporated 
subsidiaries and other entities affiliated with the ultimate parent 
company that has received the information request.

3. Estimated Cost Burden

    It is difficult to calculate with precision the labor costs 
associated with this data production, as they entail varying 
compensation levels of management and/or support staff among companies 
of different sizes. Financial, legal, marketing, and clerical personnel 
may be involved in the information collection process. The FTC staff 
has assumed that professional personnel and outside legal counsel will 
handle most of the tasks involved in gathering and producing responsive 
information, and has applied an average hourly wage of $250/hour for 
their labor. Thus, the staff estimates that the total labor costs for 
the information requests will be $1,662,500 (($250 x 3,500 hours for 
companies that market a single category) + ($250 x 3,150 hours for 
companies that market multiple categories)).
    FTC staff estimates that the capital or other non-labor costs 
associated with the information requests are minimal. Although the 
information requests may necessitate that industry members maintain the 
requested information provided to the Commission, they should already 
have in place the means to compile and maintain business records.

John D. Graubert,
Acting General Counsel.
 [FR Doc. E6-17666 Filed 10-20-06; 8:45 am]
BILLING CODE 6750-01-P