Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 60286-60287 [E8-24210]
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60286
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
Board of Governors of the Federal Reserve
System, October 7, 2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E8–24174 Filed 10–9–08; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
AGENCY:
ACTION:
Notice.
SUMMARY: The FTC is seeking public
comments on its proposal to extend
through February 28, 2012, the current
Paperwork Reduction Act (‘‘PRA’’)
clearance for information collection
requirements contained in its
regulations under the Fair Packaging
and Labeling Act (‘‘FPLA’’). That
clearance expires on February 28, 2009.
Comments must be filed by
December 9, 2008.
DATES:
Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Fair
Packaging & Labeling Regs, PRA
Comments, P074200’’ to facilitate the
organization of comments. Please note
that comments will be placed on the
public record of this proceeding—
including on the publicly accessible
FTC website, at (https://www.ftc.gov/os/
publiccomments.shtm) — and therefore
should not include any sensitive or
confidential information. In particular,
comments should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secrets and commercial or
financial information obtained from a
person and privileged or
confidential. . . .,’’ as provided in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
Commission Rule 4.10(a)(2), 16 CFR
4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
mstockstill on PROD1PC66 with NOTICES
ADDRESSES:
VerDate Aug<31>2005
20:38 Oct 09, 2008
Jkt 217001
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
secure.commentworks.com/ftcFPLAregs) (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/ftcFPLAregs). If this Notice appears at
(https://www.regulations.gov/search/
index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at https://www.ftc.gov to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Fair Packaging &
Labeling Regs, PRA Comments,
P074200‘‘ reference both in the text and
on the envelope, and should be mailed
or delivered to the following address:
Federal Trade Commission, Office of the
Secretary, Room H-135 (Annex J), 600
Pennsylvania Avenue, NW, Washington,
DC 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay 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. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission makes every
effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
1 FTC 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 FTC Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
website. 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.shtm).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed information
requirements should be sent to Stephen
Ecklund, Investigator, Division of
Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Ave., N.W.,
Washington, D.C. 20580, (202) 3262841.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501-3521, 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, the FTC is providing this
opportunity for public comment before
requesting that OMB extend the existing
paperwork clearance for the regulations
noted herein. 44 U.S.C. 3506(c)(2)(A).
The FTC invites comments on: (1)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, 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 9, 2008.
The FPLA, 15 U.S.C. 1451-1461, was
enacted to eliminate consumer
deception concerning product size
representations and package content
information. The regulations that
implement the FPLA, 16 CFR Parts 500
- 503, establish requirements for the
manner and form of labeling applicable
to manufacturers, packagers, and
distributors of ‘‘consumer
commodities.’’2 Section 4 of the FPLA
2 ‘‘Consumer commodity’’ means any article,
product, or commodity of any kind or class which
E:\FR\FM\10OCN1.SGM
10OCN1
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
specifically requires packages or labels
to be marked with: (1) a statement of
identity; (2) a net quantity of contents
disclosure; and (3) the name and place
of business of a company that is
responsible for the product.
Estimated annual hours burden:
7,570,740 total burden hours (solely
relating to disclosure3).
As in the past, Commission staff has
used census data4 to estimate the
number of companies subject to the
FPLA. Staff conservatively estimates5
that approximately 757,074
manufacturers, packagers, distributors,
and retailers of consumer commodities
make disclosures at an average burden
of ten hours per entity, for a total
disclosure burden of 7,570,740 hours.
Estimated annual cost burden:
$158,985,540 (solely relating to labor
costs).
The estimated annual labor cost
burden associated with the FPLA
disclosure requirements consists of an
estimated hour of managerial and/or
professional time per covered entity (at
an estimated average hourly rate of $55),
plus two hours of specialized clerical
support6 (at an estimated average hourly
rate of $25), and seven hours of clerical
time per covered entity (at an estimated
average hourly rate of $15), for a total
of $158,985,540 ($210 per covered
entity x 757,074 entities).7
is customarily produced or distributed for sale
through retail sales agencies or instrumentalities for
consumption by individuals, or use by individuals
for purposes of personal care or in the performance
of services ordinarily rendered within the
household, and which usually is consumed or
expended in the course of such consumption or
use.’’ 16 CFR 500.2(c). For the precise scope of the
term’s coverage see 16 CFR 500.2(c); 503.2; 503.5.
See also (https://www.ftc.gov/os/statutes/fpla/
outline.html).
3 To the extent that the FPLA-implementing
regulations require sellers of consumer
commodities to keep records that substantiate
‘‘cents off,’’ ‘‘introductory offer,’’ and/or ‘‘economy
size’’ claims, staff believes that most, if not all, of
the records that sellers maintain would be kept in
the ordinary course of business, regardless of the
legal mandates.
4 Staff has drawn upon the U.S. Census Bureau’s
2002 economic census, the most recently complete
census available, for arriving at the instant
estimates. See (https://www.census.gov/econ/
census02/guide/SUBSUMM.HTM) and (https://
www.census.gov/prod/ec02/ec0231sg1.pdf) (Table
2).
5 Although the estimates are non-rounded figures,
they remain estimates as they are the sum total of
projected industry codes subject to the FPLA. But,
even allowing for industries that may apply, the
Census data do not separately break out nonhousehold products from household use and,
accordingly, overstate what is actually subject to the
FPLA.
6 ‘‘Specialized clerical support’’ consists of
graphic design specialists, working by computer to
design the appearance and layout of product
packaging, including appropriate display of the
disclosures required by the FPLA regulations.
7 Based generally on the National Compensation
Survey: Occupational Earnings in the United States,
VerDate Aug<31>2005
20:11 Oct 09, 2008
Jkt 217001
Total capital and start-up costs are de
minimis. For many years, the packaging
and labeling activities that require
capital and start-up costs have been
performed by covered entities in the
ordinary course of business
independent of the FPLA and
implementing regulations. Similarly,
firms provide in the ordinary course of
business the information that the statute
and regulations require be placed on
packages and labels.
William Blumenthal
General Counsel
[FR Doc. E8–24210 Filed 10–9–08: 8:45 am]
[Billing code: 6750–01–S]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Secretary’s Advisory Committee on
Human Research Protections; Notice
of Meetings
Office of Public Health and
Science, Office of the Secretary, HHS.
ACTION: Notice.
AGENCY:
SUMMARY: Pursuant to Section 10(a) of
the Federal Advisory Committee Act,
U.S.C. Appendix 2, notice is hereby
given that the Secretary’s Advisory
Committee on Human Research
Protections (SACHRP) will hold its
seventeenth meeting. The meeting will
be open to the public.
DATES: The meeting will be held on
Monday, October 27, 2008 from 8:30
a.m. until 4:30 p.m. and Tuesday,
October 28, 2008 from 8:30 a.m. until
4:30 p.m.
ADDRESSES: The Sheraton National
Hotel, 900 South Orme Street,
Arlington, Virginia 22204. Phone: 703–
521–1900.
FOR FURTHER INFORMATION CONTACT: Ivor
Pritchard, PhD, Acting Director, Office
for Human Research Protections
(OHRP), or Julia Gorey, JD, Executive
Director, Secretary’s Advisory
Committee on Human Research
Protections (SACHRP); U.S. Department
of Health and Human Services, 1101
Wootton Parkway, Suite 200, Rockville,
Maryland 20852; 240–453–8141; fax:
240–453–6909; e-mail address:
sachrp@osophs.dhhs.gov.
2007, U.S. Department of Labor, Bureau of Labor
Statistics (August 2008) (‘‘BLS National
Compensation Survey’’) (citing the mean hourly
earnings for management occupations, legal
occupations/lawyers, and assorted clerical
positions), available at (https://www.bls.gov/ncs/ocs/
sp/nctb0300.pdf). Clerical estimates are derived
from the above source data, applying roughly a midrange of mean hourly rates for potentially
applicable clerical types, e.g., computer operators,
data entry and information processing workers.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
60287
Under the
authority of 42 U.S.C. 217a, Section 222
of the Public Health Service Act, as
amended, SACHRP was established to
provide expert advice and
recommendations to the Secretary of
Health and Human Services and the
Assistant Secretary for Health on issues
and topics pertaining to or associated
with the protection of human research
subjects.
On October 27, 2008, the morning
session will begin with a SACHRP
update. Members of OHRP and the
Office of the General Counsel will make
brief presentations on the status of
SACHRP recommendations that have
been approved to date, the OHRP
guidance and Federal rulemaking
process, and the status of OHRP budget
and staffing. This will be followed by a
period of discussion. In the afternoon,
SACHRP will receive a report from the
Subpart A Subcommittee. This
subcommittee is charged with
developing recommendations for
consideration by SACHRP regarding the
application of Subpart A of 45 CFR part
46 in the current research environment.
This subcommittee was established by
SACHRP at its October 4–5, 2006
meeting.
The following day, October 28, 2008,
the Subcommittee on Inclusion of
Individuals with Impaired DecisionMaking in Research will present and
discuss their current report. The
Subcommittee on Inclusion of
Individuals with Impaired DecisionMaking in Research is charged with
developing recommendations for
consideration by SACHRP about
whether guidance and/or additional
regulations are needed for research
involving individuals with impaired
decision-making capacity. This
subcommittee was formed as a result of
discussions during the July 31–August
1, 2006 SACHRP meeting. The afternoon
session will consist of an invited panel
of community and consumer
representatives who will discuss their
reaction and provide feedback on the
subcommittee’s recommendations.
Public attendance at the meeting is
limited to space available. Individuals
who plan to attend the meeting and
need special assistance, such as sign
language interpretation or other
reasonable accommodations, should
notify the designated contact persons.
Members of the public will have the
opportunity to provide comments on
both days of the meeting. Public
comment will be limited to five minutes
per speaker. Any members of the public
who wish to have printed materials
distributed to SACHRP members for this
scheduled meeting should submit
SUPPLEMENTARY INFORMATION:
E:\FR\FM\10OCN1.SGM
10OCN1
Agencies
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60286-60287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24210]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The FTC is seeking public comments on its proposal to extend
through February 28, 2012, the current Paperwork Reduction Act
(``PRA'') clearance for information collection requirements contained
in its regulations under the Fair Packaging and Labeling Act
(``FPLA''). That clearance expires on February 28, 2009.
DATES: Comments must be filed by December 9, 2008.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Fair
Packaging & Labeling Regs, PRA Comments, P074200'' to facilitate the
organization of comments. Please note that comments will be placed on
the public record of this proceeding--including on the publicly
accessible FTC website, at (https://www.ftc.gov/os/publiccomments.shtm)
-- and therefore should not include any sensitive or confidential
information. In particular, comments should not include any sensitive
personal information, such as an individual's Social Security Number;
date of birth; driver's license number or other state identification
number, or foreign country equivalent; passport number; financial
account number; or credit or debit card number. Comments also should
not include any sensitive health information, such as medical records
or other individually identifiable health information. In addition,
comments should not include any ``[t]rade secrets and commercial or
financial information obtained from a person and privileged or
confidential. . . .,'' as provided in Section 6(f) of the FTC Act, 15
U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c).\1\
---------------------------------------------------------------------------
\1\ FTC 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 FTC Rule 4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://
secure.commentworks.com/ftc-FPLAregs) (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/ftc-FPLAregs). If this Notice
appears at (https://www.regulations.gov/search/index.jsp), you may also
file an electronic comment through that website. The Commission will
consider all comments that regulations.gov forwards to it. You may also
visit the FTC website at https://www.ftc.gov to read the Notice and the
news release describing it.
A comment filed in paper form should include the ``Fair Packaging &
Labeling Regs, PRA Comments, P074200`` reference both in the text and
on the envelope, and should be mailed or delivered to the following
address: Federal Trade Commission, Office of the Secretary, Room H-135
(Annex J), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC
is requesting that any comment filed in paper form be sent by courier
or overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay 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. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC
website, to the extent practicable, at (https://www.ftc.gov/os/
publiccomments.shtm). As a matter of discretion, the Commission makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC website. 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.shtm).
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the proposed information requirements should be sent to
Stephen Ecklund, Investigator, Division of Enforcement, Bureau of
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave.,
N.W., Washington, D.C. 20580, (202) 326-2841.
SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, 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, the FTC is
providing this opportunity for public comment before requesting that
OMB extend the existing paperwork clearance for the regulations noted
herein. 44 U.S.C. 3506(c)(2)(A).
The FTC invites comments on: (1) whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, 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
9, 2008.
The FPLA, 15 U.S.C. 1451-1461, was enacted to eliminate consumer
deception concerning product size representations and package content
information. The regulations that implement the FPLA, 16 CFR Parts 500
- 503, establish requirements for the manner and form of labeling
applicable to manufacturers, packagers, and distributors of ``consumer
commodities.''\2\ Section 4 of the FPLA
[[Page 60287]]
specifically requires packages or labels to be marked with: (1) a
statement of identity; (2) a net quantity of contents disclosure; and
(3) the name and place of business of a company that is responsible for
the product.
---------------------------------------------------------------------------
\2\ ``Consumer commodity'' means any article, product, or
commodity of any kind or class which is customarily produced or
distributed for sale through retail sales agencies or
instrumentalities for consumption by individuals, or use by
individuals for purposes of personal care or in the performance of
services ordinarily rendered within the household, and which usually
is consumed or expended in the course of such consumption or use.''
16 CFR 500.2(c). For the precise scope of the term's coverage see 16
CFR 500.2(c); 503.2; 503.5. See also (https://www.ftc.gov/os/
statutes/fpla/outline.html).
---------------------------------------------------------------------------
Estimated annual hours burden: 7,570,740 total burden hours (solely
relating to disclosure\3\).
---------------------------------------------------------------------------
\3\ To the extent that the FPLA-implementing regulations require
sellers of consumer commodities to keep records that substantiate
``cents off,'' ``introductory offer,'' and/or ``economy size''
claims, staff believes that most, if not all, of the records that
sellers maintain would be kept in the ordinary course of business,
regardless of the legal mandates.
---------------------------------------------------------------------------
As in the past, Commission staff has used census data\4\ to
estimate the number of companies subject to the FPLA. Staff
conservatively estimates\5\ that approximately 757,074 manufacturers,
packagers, distributors, and retailers of consumer commodities make
disclosures at an average burden of ten hours per entity, for a total
disclosure burden of 7,570,740 hours.
---------------------------------------------------------------------------
\4\ Staff has drawn upon the U.S. Census Bureau's 2002 economic
census, the most recently complete census available, for arriving at
the instant estimates. See (https://www.census.gov/econ/census02/
guide/SUBSUMM.HTM) and (https://www.census.gov/prod/ec02/
ec0231sg1.pdf) (Table 2).
\5\ Although the estimates are non-rounded figures, they remain
estimates as they are the sum total of projected industry codes
subject to the FPLA. But, even allowing for industries that may
apply, the Census data do not separately break out non-household
products from household use and, accordingly, overstate what is
actually subject to the FPLA.
---------------------------------------------------------------------------
Estimated annual cost burden: $158,985,540 (solely relating to
labor costs).
The estimated annual labor cost burden associated with the FPLA
disclosure requirements consists of an estimated hour of managerial
and/or professional time per covered entity (at an estimated average
hourly rate of $55), plus two hours of specialized clerical support\6\
(at an estimated average hourly rate of $25), and seven hours of
clerical time per covered entity (at an estimated average hourly rate
of $15), for a total of $158,985,540 ($210 per covered entity x 757,074
entities).\7\
---------------------------------------------------------------------------
\6\ ``Specialized clerical support'' consists of graphic design
specialists, working by computer to design the appearance and layout
of product packaging, including appropriate display of the
disclosures required by the FPLA regulations.
\7\ Based generally on the National Compensation Survey:
Occupational Earnings in the United States, 2007, U.S. Department of
Labor, Bureau of Labor Statistics (August 2008) (``BLS National
Compensation Survey'') (citing the mean hourly earnings for
management occupations, legal occupations/lawyers, and assorted
clerical positions), available at (https://www.bls.gov/ncs/ocs/sp/
nctb0300.pdf). Clerical estimates are derived from the above source
data, applying roughly a mid-range of mean hourly rates for
potentially applicable clerical types, e.g., computer operators,
data entry and information processing workers.
---------------------------------------------------------------------------
Total capital and start-up costs are de minimis. For many years,
the packaging and labeling activities that require capital and start-up
costs have been performed by covered entities in the ordinary course of
business independent of the FPLA and implementing regulations.
Similarly, firms provide in the ordinary course of business the
information that the statute and regulations require be placed on
packages and labels.
William Blumenthal
General Counsel
[FR Doc. E8-24210 Filed 10-9-08: 8:45 am]
[Billing code: 6750-01-S]