Agency Information Collection Activities; Submission for OMB Review; Comment Request, 44138-44140 [E7-15326]
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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
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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 https://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).
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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
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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
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://
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
