Agency Information Collection Activities; Submission for OMB Review; Comment Request, 44138-44140 [E7-15326]

Download as PDF 44138 Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices violation or possible violation of the EFAA or the Check 21 Act is noted then information regarding such violation may be kept confidential pursuant to Section (b)(8) of the Freedom of Information Act. 5U.S.C. § 552(b)(8). Abstract: Regulation CC requires banks to make funds deposited in transaction accounts available within specified time periods, disclose their availability policies to customers, and begin accruing interest on such deposits promptly. The disclosures are intended to alert customers that their ability to use deposited funds may be delayed, prevent unintentional (and potentially costly) overdrafts, and allow customers to compare the policies of different banks before deciding at which bank to deposit funds. The regulation also requires notice to the depositary bank and to a customer of nonpayment of a check. Model disclosure forms, clauses, and notices are appended to the regulation to ease compliance. Board of Governors of the Federal Reserve System, August 2, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7–15298 Filed 8–6–07; 8:45 am] BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM jlentini on PROD1PC65 with NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than August 22, 2007. A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: 1. Bennie F. Ryburn, Jr., and Bennie F. Ryburn III, as trustees of the Bennie F. Ryburn Family Trust, all of Monticello, Arkansas; as a group acting in concert to retain control of Bradley Bancshares, Inc., and thereby indirectly VerDate Aug<31>2005 15:56 Aug 06, 2007 Jkt 211001 retain voting shares of First State Bank of Warren, both of Warren, Arkansas. Board of Governors of the Federal Reserve System, August 2, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7–15296 Filed 8–6–07; 8:45 am] BILLING CODE 6210–01–P Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. 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 each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 31, 2007. A. Federal Reserve Bank of Atlanta (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. The Colonial BancGroup, Inc., Montgomery, Alabama; to merge with Citrus & Chemical Bancorporation, Inc., and thereby acquire its subsidiary, Citrus & Chemical Bank, both of Bartow, Florida. Frm 00063 Fmt 4703 BILLING CODE 6210–01–P FEDERAL TRADE COMMISSION FEDERAL RESERVE SYSTEM PO 00000 Board of Governors of the Federal Reserve System, August 2, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7–15297 Filed 8–6–07; 8:45 am] Sfmt 4703 Agency Information Collection Activities; Submission for OMB Review; Comment Request Federal Trade Commission. Notice. AGENCY: ACTION: SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (‘‘OMB’’) for review, as required by the Paperwork Reduction Act (‘‘PRA’’). The Federal Trade Commission (‘‘FTC or Commission’’) is seeking public comments on its proposal to extend through September 30, 2010, the current PRA clearance for information collection requirements contained in its regulations under the Comprehensive Smokeless Tobacco Health Education Act of 1986 (‘‘Smokeless Tobacco Act’’ or the ‘‘Act’’). That clearance expires on September 30, 2007. DATES: Comments must be submitted on or before September 6, 2007 date of publication]. Interested parties are invited to submit written comments. Comments should refer to ‘‘Smokeless Tobacco Regulations: FTC File No. R011009’’ 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 J), 600 Pennsylvania Avenue, N.W., Washington, D.C. 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 described 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 clearing labeled ‘‘Confidential.’’1 ADDRESSES: 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will E:\FR\FM\07AUN1.SGM 07AUN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices Comments filed in electronic form should be submitted by following the instructions on the web-based form at https://secure.commentworks.com/ftcSmokelessTobaccoRegs. To ensure that the Commission considers an electronic comment, you must file it on the webbased form at the https:// secure.commentworks.com/ftcSmokelessTobaccoRegs weblink. If this Notice appears at 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. Comments also should be submitted to: Office of Management and Budget, ATTN: Desk Officer for the Federal Trade Commission. Comments should be submitted by facsimile to (202) 3956974 because U.S. Postal Mail is subject to lengthy delays due to heightened security precautions. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding 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 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 http://www.ftc.gov/ftc/ privacy/htm. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be addressed to Rosemary Rosso, Senior Attorney, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580, (202) 3262174. SUPPLEMENTARY INFORMATION: On May 16, 2007, the FTC sought comment on the information collection requirements associated with the regulations under the Act, 16 CFR Part 307 (Control Number: 3084-0082). See 72 FR 27311. No comments were received. Pursuant to the OMB regulations, 5 CFR Part 1320, that implement the PRA, 44 U.S.C. 3501-3520, the FTC is providing this second opportunity for public comment while seeking OMB approval 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). VerDate Aug<31>2005 15:56 Aug 06, 2007 Jkt 211001 to extend the existing paperwork clearance for the Rule. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before September 6, 2007. Description of the collection of information and proposed use: The Smokeless Tobacco Act requires that manufacturers, packagers, and importers of smokeless tobacco products include one of three specified health warnings on packages and in advertisements. The Act also requires that each manufacturer, packager, and importer of smokeless tobacco products submit a plan to the Commission specifying the method to rotate, display, and distribute the warning statements required to appear in advertising and labeling. The Act requires the Commission to determine whether these plans provide for rotation, display, and distribution of warnings in compliance with the Act and implementing regulations. To the best of the Commission’s knowledge, all of the affected companies have previously filed plans. However, the plan submission requirement also applies to a company that amends its plan, or to a new company that enters the market. Burden statement: Commission staff estimates of paperwork burden are based on its knowledge of the smokeless tobacco industry and the time companies require to prepare rotational warning plans for submission to and review by the Commission. Staff’s estimates are further informed by discussions it has had with companies filing rotational plans or their representatives during the Commission’s review of submitted plans. In estimating total annual burden hours and associated labor costs, staff considered its experience gained from the plans submitted over the past five years. Based on these factors, staff estimates that the average annual paperwork burden for the three-year clearance period sought is no more than 1,000 hours, with associated annual labor cost of no more than $203,000. The five smokeless tobacco manufacturers that comprise the dominant share of the domestic smokeless tobacco market filed their plans with the Commission long ago. Additional annual reporting burden would occur only if a company introduces a new brand or otherwise opts to display the health warnings in a manner not previously approved. Under those circumstances, a company would need to file an amendment to its plan. Although it is not possible to predict whether any of these companies PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 44139 will seek to amend an existing approved plan (and possibly none will), staff conservatively assumes that each of these five smokeless tobacco companies will file one amendment per year, for a total burden of not more than 200 hours. This estimate is conservative because over the past five years, none of these companies filed amendments to their existing plans, and the Commission has not changed the relevant regulations. Commission staff believes it reasonable to assume that each of these five smokeless tobacco companies would spend no more than 40 hours to prepare an amended plan, and possibly considerably less time if the amendment was minor or applied only to one brand or brand variety. Commission staff also estimates that over the requested three-year clearance period up to four smokeless tobacco manufacturers, packagers, or importers will file an initial plan that includes rotational schemes for both packaging and advertising, for an additional burden of no more than 240 hours. This estimate is conservative because over the past five years, only four initial plans with both packaging and advertising schemes have been filed with the FTC. When the regulations were first proposed in 1986, representatives of the Smokeless Tobacco Council, Inc. indicated that the six companies it represented would require approximately 700 to 800 hours in total (133 hours each) to complete the initial required plans, involving multiple brands, multiple brand varieties, and multiple forms of both packaging and advertising. The four initial plans submitted over the past five years are considerably less complex. Each of these plans involves only one or two brands or brand varieties, with more limited types of advertising and packaging. In addition, three of the four companies submitting plans had prior familiarity with the preparation of rotational warning plans. Further, increased computerization and improvements in electronic communication over the past 20 years have decreased the time needed for the preparation and drafting of rotational warning plans. Staff estimates that it would require no more than 60 hours to prepare such an initial plan, and that four initial plans will be submitted. Staff anticipates that over the next three years, up to four smokeless tobacco manufacturers, packagers, or importers may submit initial plans covering packaging alone, for an additional burden of no more than 160 hours. Over the past five years, the Commission has received four such plans. Because each of the plans E:\FR\FM\07AUN1.SGM 07AUN1 jlentini on PROD1PC65 with NOTICES 44140 Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices involved only a single brand, a single form of packaging, and no advertising, the estimated time to prepare the plans is very modest. Staff anticipates that the companies that submit initial plans covering packaging alone will spend no more than 40 hours each to prepare the plans, and possibly considerably less. This estimate is conservative. Like other estimates stated herein, this is based on the total number of plans submitted to the FTC over the past five years, rather than annually. Finally, staff estimates that over the next three years, up to four amendments will be filed by companies other than the five largest smokeless tobacco manufacturers. Over the past five years, the Commission has received four such plans. Each of the amendments involved very modest changes to the existing plans. Staff estimates that four companies submitting similar amended plans will spend no more than 20 to 40 hours each to prepare the amendments, for an additional burden estimate of no more than 160 hours. As above, this is conservatively based on the total number of plans submitted to the FTC over the past five years, rather than annually. Estimated total annual hours burden: 1,000 hours Based on these assumptions, the total annual hours should not exceed 1,000 hours. [(5 companies x 40 hours each) + (4 companies x 60 hours each) + (4 companies x 40 hours each) + (4 companies x 40 hours each) = 760 total hours, rounded to one thousand hours] Estimated labor costs: $203,000 The total annualized labor cost to these companies should not exceed $203,000. This is based on the assumption that management or attorneys will account for 80% of the estimated 1,000 hours required to draft initial or amended plans, at an hourly rate of $250 per hour, and that clerical support will account for the remaining time (20%) at an hourly rate of $15. [Management and attorneys’ time (1,000 hours x 0.80 x $250 = $200,000) + clerical time (1,000 hours x 0.20 x $15 = $3,000) = $203,000] Estimated annual non-labor cost burden: $0 or minimal The applicable requirements impose minimal start-up costs. The companies may keep copies of their plans to ensure that labeling and advertising complies with the requirements of the Smokeless Tobacco Act. Such recordkeeping would require the use of office supplies, e.g., file folders and paper, all of which the companies should have on hand in the ordinary course of their business. While companies submitting initial plans may incur one-time capital VerDate Aug<31>2005 15:56 Aug 06, 2007 Jkt 211001 expenditures for equipment used to print package labels in order to include the statutory health warnings or to prepare acetates for advertising, the warnings themselves disclose information completely supplied by the federal government. As such, the disclosure does not constitute a ‘‘collection of information’’ as it is defined in the regulations implementing the PRA, nor, by extension, do the financial resources expended in relation to it constitute paperwork ‘‘burden.’’ See 5 CFR 1320.3(c)(2). Moreover, any expenditures relating to the statutory health warning requirements would likely be minimal in any event. For companies that have already submitted approved plans, there are no capital expenditures. After the Commission approves a plan for the rotation and display of the warnings required by the Smokeless Tobacco Act, the companies are required to make additional submissions to the Commission only if they choose to change the way they display the warnings. Once companies have prepared the artwork for printing the required warnings on package labels, there are no additional start-up costs associated with the display of the warnings on packaging. Similarly, once companies have prepared artwork and possibly acetates for the display of the warnings in advertising, there are no additional start-up costs associated with printing the warnings in those materials. William Blumenthal General Counsel [FR Doc. E7–15326 Filed 8–7–07: 8:45 am] BILLING CODE 6750–01–S FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice. AGENCY: SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (‘‘OMB’’) for review, as required by the Paperwork Reduction Act. The FTC is seeking public comments on its proposal to extend through November 30, 2010 the current OMB clearance for the information collection requirements contained in the Commission’s Rule Concerning Disclosure of Written Consumer Product Warranty Terms and Conditions. The clearance is scheduled to expire on November 30, 2007. The FTC is also seeking public comments on its PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 proposal to extend through December 31, 2010 the current OMB clearances for the information collection requirements contained in the Commission’s Rule Governing Pre-Sale Availability of Written Warranty Terms and the Informal Dispute Settlement Procedures Rule. Those clearances are scheduled to expire on December 31, 2007. DATES: Comments must be filed by October 9, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Warranty Rules: Paperwork Comment, FTC File No. P044403’’ 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, Room H-135, 600 Pennsylvania Avenue, N.W., Washington, D.C. 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/ftcwarranrtypra (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/ftcwarranrtypra. If this notice appears at 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 FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, 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). E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 72, Number 151 (Tuesday, August 7, 2007)]
[Notices]
[Pages 44138-44140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15326]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

AGENCY: Federal Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (``OMB'') for 
review, as required by the Paperwork Reduction Act (``PRA''). The 
Federal Trade Commission (``FTC or Commission'') is seeking public 
comments on its proposal to extend through September 30, 2010, the 
current PRA clearance for information collection requirements contained 
in its regulations under the Comprehensive Smokeless Tobacco Health 
Education Act of 1986 (``Smokeless Tobacco Act'' or the ``Act''). That 
clearance expires on September 30, 2007.

DATES: Comments must be submitted on or before September 6, 2007 date 
of publication].

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Smokeless Tobacco Regulations: FTC File No. 
R011009'' 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 J), 600 Pennsylvania Avenue, N.W., 
Washington, D.C. 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 described 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 clearing labeled ``Confidential.''\1\
---------------------------------------------------------------------------

    \1\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, 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).

---------------------------------------------------------------------------

[[Page 44139]]

    Comments filed in electronic form should be submitted by following 
the instructions on the web-based form at https://
secure.commentworks.com/ftc-SmokelessTobaccoRegs. To ensure that the 
Commission considers an electronic comment, you must file it on the 
web-based form at the https://secure.commentworks.com/ftc-
SmokelessTobaccoRegs weblink. If this Notice appears at 
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.
    Comments also should be submitted to: Office of Management and 
Budget, ATTN: Desk Officer for the Federal Trade Commission. Comments 
should be submitted by facsimile to (202) 395-6974 because U.S. Postal 
Mail is subject to lengthy delays due to heightened security 
precautions.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding 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 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 http://
www.ftc.gov/ftc/privacy/htm.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Rosemary Rosso, Senior Attorney, Division of 
Advertising Practices, Bureau of Consumer Protection, Federal Trade 
Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580, 
(202) 326-2174.

SUPPLEMENTARY INFORMATION: On May 16, 2007, the FTC sought comment on 
the information collection requirements associated with the regulations 
under the Act, 16 CFR Part 307 (Control Number: 3084-0082). See 72 FR 
27311. No comments were received. Pursuant to the OMB regulations, 5 
CFR Part 1320, that implement the PRA, 44 U.S.C. 3501-3520, the FTC is 
providing this second opportunity for public comment while seeking OMB 
approval to extend the existing paperwork clearance for the Rule. All 
comments should be filed as prescribed in the ADDRESSES section above, 
and must be received on or before September 6, 2007.
    Description of the collection of information and proposed use: The 
Smokeless Tobacco Act requires that manufacturers, packagers, and 
importers of smokeless tobacco products include one of three specified 
health warnings on packages and in advertisements. The Act also 
requires that each manufacturer, packager, and importer of smokeless 
tobacco products submit a plan to the Commission specifying the method 
to rotate, display, and distribute the warning statements required to 
appear in advertising and labeling. The Act requires the Commission to 
determine whether these plans provide for rotation, display, and 
distribution of warnings in compliance with the Act and implementing 
regulations. To the best of the Commission's knowledge, all of the 
affected companies have previously filed plans. However, the plan 
submission requirement also applies to a company that amends its plan, 
or to a new company that enters the market.

Burden statement:

    Commission staff estimates of paperwork burden are based on its 
knowledge of the smokeless tobacco industry and the time companies 
require to prepare rotational warning plans for submission to and 
review by the Commission. Staff's estimates are further informed by 
discussions it has had with companies filing rotational plans or their 
representatives during the Commission's review of submitted plans. In 
estimating total annual burden hours and associated labor costs, staff 
considered its experience gained from the plans submitted over the past 
five years. Based on these factors, staff estimates that the average 
annual paperwork burden for the three-year clearance period sought is 
no more than 1,000 hours, with associated annual labor cost of no more 
than $203,000.
    The five smokeless tobacco manufacturers that comprise the dominant 
share of the domestic smokeless tobacco market filed their plans with 
the Commission long ago. Additional annual reporting burden would occur 
only if a company introduces a new brand or otherwise opts to display 
the health warnings in a manner not previously approved. Under those 
circumstances, a company would need to file an amendment to its plan. 
Although it is not possible to predict whether any of these companies 
will seek to amend an existing approved plan (and possibly none will), 
staff conservatively assumes that each of these five smokeless tobacco 
companies will file one amendment per year, for a total burden of not 
more than 200 hours. This estimate is conservative because over the 
past five years, none of these companies filed amendments to their 
existing plans, and the Commission has not changed the relevant 
regulations. Commission staff believes it reasonable to assume that 
each of these five smokeless tobacco companies would spend no more than 
40 hours to prepare an amended plan, and possibly considerably less 
time if the amendment was minor or applied only to one brand or brand 
variety.
    Commission staff also estimates that over the requested three-year 
clearance period up to four smokeless tobacco manufacturers, packagers, 
or importers will file an initial plan that includes rotational schemes 
for both packaging and advertising, for an additional burden of no more 
than 240 hours. This estimate is conservative because over the past 
five years, only four initial plans with both packaging and advertising 
schemes have been filed with the FTC. When the regulations were first 
proposed in 1986, representatives of the Smokeless Tobacco Council, 
Inc. indicated that the six companies it represented would require 
approximately 700 to 800 hours in total (133 hours each) to complete 
the initial required plans, involving multiple brands, multiple brand 
varieties, and multiple forms of both packaging and advertising. The 
four initial plans submitted over the past five years are considerably 
less complex. Each of these plans involves only one or two brands or 
brand varieties, with more limited types of advertising and packaging. 
In addition, three of the four companies submitting plans had prior 
familiarity with the preparation of rotational warning plans. Further, 
increased computerization and improvements in electronic communication 
over the past 20 years have decreased the time needed for the 
preparation and drafting of rotational warning plans. Staff estimates 
that it would require no more than 60 hours to prepare such an initial 
plan, and that four initial plans will be submitted.
    Staff anticipates that over the next three years, up to four 
smokeless tobacco manufacturers, packagers, or importers may submit 
initial plans covering packaging alone, for an additional burden of no 
more than 160 hours. Over the past five years, the Commission has 
received four such plans. Because each of the plans

[[Page 44140]]

involved only a single brand, a single form of packaging, and no 
advertising, the estimated time to prepare the plans is very modest. 
Staff anticipates that the companies that submit initial plans covering 
packaging alone will spend no more than 40 hours each to prepare the 
plans, and possibly considerably less. This estimate is conservative. 
Like other estimates stated herein, this is based on the total number 
of plans submitted to the FTC over the past five years, rather than 
annually.
    Finally, staff estimates that over the next three years, up to four 
amendments will be filed by companies other than the five largest 
smokeless tobacco manufacturers. Over the past five years, the 
Commission has received four such plans. Each of the amendments 
involved very modest changes to the existing plans. Staff estimates 
that four companies submitting similar amended plans will spend no more 
than 20 to 40 hours each to prepare the amendments, for an additional 
burden estimate of no more than 160 hours. As above, this is 
conservatively based on the total number of plans submitted to the FTC 
over the past five years, rather than annually.
    Estimated total annual hours burden: 1,000 hours
    Based on these assumptions, the total annual hours should not 
exceed 1,000 hours. [(5 companies x 40 hours each) + (4 companies x 60 
hours each) + (4 companies x 40 hours each) + (4 companies x 40 hours 
each) = 760 total hours, rounded to one thousand hours]
    Estimated labor costs: $203,000
    The total annualized labor cost to these companies should not 
exceed $203,000. This is based on the assumption that management or 
attorneys will account for 80% of the estimated 1,000 hours required to 
draft initial or amended plans, at an hourly rate of $250 per hour, and 
that clerical support will account for the remaining time (20%) at an 
hourly rate of $15. [Management and attorneys' time (1,000 hours x 0.80 
x $250 = $200,000) + clerical time (1,000 hours x 0.20 x $15 = $3,000) 
= $203,000]
    Estimated annual non-labor cost burden: $0 or minimal
    The applicable requirements impose minimal start-up costs. The 
companies may keep copies of their plans to ensure that labeling and 
advertising complies with the requirements of the Smokeless Tobacco 
Act. Such recordkeeping would require the use of office supplies, e.g., 
file folders and paper, all of which the companies should have on hand 
in the ordinary course of their business.
    While companies submitting initial plans may incur one-time capital 
expenditures for equipment used to print package labels in order to 
include the statutory health warnings or to prepare acetates for 
advertising, the warnings themselves disclose information completely 
supplied by the federal government. As such, the disclosure does not 
constitute a ``collection of information'' as it is defined in the 
regulations implementing the PRA, nor, by extension, do the financial 
resources expended in relation to it constitute paperwork ``burden.'' 
See 5 CFR 1320.3(c)(2). Moreover, any expenditures relating to the 
statutory health warning requirements would likely be minimal in any 
event. For companies that have already submitted approved plans, there 
are no capital expenditures. After the Commission approves a plan for 
the rotation and display of the warnings required by the Smokeless 
Tobacco Act, the companies are required to make additional submissions 
to the Commission only if they choose to change the way they display 
the warnings. Once companies have prepared the artwork for printing the 
required warnings on package labels, there are no additional start-up 
costs associated with the display of the warnings on packaging. 
Similarly, once companies have prepared artwork and possibly acetates 
for the display of the warnings in advertising, there are no additional 
start-up costs associated with printing the warnings in those 
materials.

William Blumenthal
General Counsel
[FR Doc. E7-15326 Filed 8-7-07: 8:45 am]
BILLING CODE 6750-01-S