Agency Information Collection Activities; Proposed Collection; Comment Request, 47187-47189 [2011-19672]
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
procedures for the administration of
such ‘‘negative option’’ plans.
Burden Statement
Estimated annual hours burden: 3,875
hours.
Based on industry input, staff
estimates that approximately 45 existing
clubs each require annually about 75
hours to comply with the Rule’s
disclosure requirements, for a total of
3,375 hours (45 clubs × 75 hours). These
clubs should be familiar with the Rule,
which has been in effect since 1974,
with the result that the burden of
compliance has declined over time.
Moreover, a substantial portion of the
existing clubs likely would make these
disclosures absent the Rule because they
have helped foster long-term
relationships with consumers.
Approximately 5 new clubs come into
being each year. These clubs require
approximately 100 hours to comply
with the Rule, including start up-time.
Thus, the cumulative PRA burden for
new clubs is about 500 hours (5 clubs
× 100 hours). Combined with the
estimated burden for established clubs,
the total burden is 3,875 hours.
Estimated annual cost burden:
$171,825 (solely related to labor costs).
Based on recent data from the Bureau
of Labor Statistics,1 the mean hourly
wage for advertising managers is
approximately $47 per hour.
Compensation for office and
administrative support personnel is
approximately $17 per hour. Assuming
that managers perform the bulk of the
work, while clerical personnel perform
associated tasks (e.g., placing
advertisements and responding to
inquiries about offerings or prices), the
total cost to the industry for the Rule’s
information collection requirements
would be approximately $167,125 [(65
hours managerial time 45 existing clubs
× $47 per hour) + (10 hours clerical time
× 45 existing clubs × $17 per hour) + (90
hours managerial time × 5 new clubs ×
$47 per hour) + (10 hours clerical time
× 5 new clubs × $17)].
Because the Rule has been in effect
since 1974, the vast majority of the
negative option clubs have no current
start-up costs. For the few new clubs
that enter the market each year, the
costs associated with the Rule’s
disclosure requirements, beyond the
additional labor costs discussed above,
are de minimis. Negative option clubs
already have access to the ordinary
office equipment necessary to achieve
compliance with the Rule. Similarly, the
1 Occupational Employment And Wages—May
2010, Table 1, at https://www.bls.gov/news.release/
pdf/ocwage.pdf.
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17:29 Aug 03, 2011
Jkt 223001
Rule imposes few, if any, printing and
distribution costs. The required
disclosures generally constitute only a
small addition to the advertising for
negative option plans. Because printing
and distribution expenditures are
incurred to market the product
regardless of the Rule, adding the
required disclosures results in marginal
incremental expense.
Request for Comment
You can file a comment online or on
paper. For the FTC to consider your
comment, we must receive it on or
before October 3, 2011. Write ‘‘Negative
Option Rule: FTC File No. P064202’’ on
your comment. Your comment—
including your name and your state —
will be placed on the public record of
this proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.govios/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’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. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘Nrade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential * * *, ’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). If you want the Commission
to give your comment confidential
treatment, you must file it in paper
form, with a request for confidential
treatment, and you have to follow the
procedure explained in FTC Rule 4.9(c),
16 CFR 4.9(c).2 Your comment will be
kept confidential only if the FTC
General Counsel, in his or her sole
discretion, grants your request in
2 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
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47187
accordance with the law and the public
interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online, or to send them to the
Commission by courier or overnight
service. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
NegOptionPRA by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov/Mhome, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Negative Option Rule: FTC File
No. P064202’’ on your comment and on
the envelope, and mail or deliver it to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that 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 on or
before October 3, 2011. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2011–19671 Filed 8–3–11; 8:45 am]
BILLING CODE 6750–01–M
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
AGENCY:
The FTC is seeking public
comments on its proposal to extend
through January 31, 2015, the current
PRA clearance for information sought
through compulsory process orders to a
combined ten or more a the largest
cigarette manufacturers and smokeless
tobacco manufacturers in order to obtain
SUMMARY:
E:\FR\FM\04AUN1.SGM
04AUN1
sroberts on DSK5SPTVN1PROD with NOTICES
47188
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
from them information including,
among other things, their annual sales
and marketing expenditures. The
current clearance expires on January 31,
2012. 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’’).
DATES: Comments on the proposed
information requests must be received
on or before October 3, 2011.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write: ‘‘Tobacco Reports:
Paperwork Comment, FTC File No.
P054507’’ on your comment, and file
your comment online at https://
ftcpublic.commentworks.com/
ftchobaccoreportspra by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed collection of
information should be addressed to
Shira Modell, Division of Advertising
Practices, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Avenue, NW.,
NJ–3212, Washington, DC 20580.
Telephone: (202) 326–3116.
SUPPLEMENTARY INFORMATION: For more
than forty years, the FTC has published
periodic reports containing data on
domestic cigarette sales and marketing
expenditures by the major U.S. cigarette
manufacturers. It has published
comparable reports on smokeless
tobacco sales and marketing
expenditures for more than twenty
years. Both reports originally were
issued pursuant to statutory mandates.
After those statutory mandates were
terminated, the Commission continued
to collect and publish information
obtained from the cigarette and
smokeless tobacco industries pursuant
to Section 6(b) of the FTC Act, 15 U.S.C.
46(b). The current PRA clearance to
collect this information is valid through
January 31, 2012, under OMB Control
No. 3084–0134.
The FTC plans to continue sending
information requests annually to the
ultimate parent company of several of
the largest cigarette companies and
smokeless tobacco companies in the
VerDate Mar<15>2010
17:29 Aug 03, 2011
Jkt 223001
United States (‘‘industry members’’).
The information requests will seek data
regarding, inter alia: (1) The tobacco
sales of industry members; (2) how
much industry members spend
advertising and promoting their tobacco
products, and the specific amounts
spent in each of a number of specified
expenditure categories; (3) whether
industry members are involved in the
appearance of their products or brand
imagery in television shows, motion
pictures, or the Internet; (4) how much
industry members spend on advertising
intended to reduce youth tobacco usage;
(5) the events, if any, during which
industry members’ tobacco brands are
televised; and (6) for the cigarette
industry, the tar, nicotine, and carbon
monoxide ratings of their cigarettes, to
the extent they possess such data.1 The
information will again be sought using
compulsory process under Section 6(b)
of the FTC Act.
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 section
3506(c)(2)(A) of the PRA, the FTC is
providing this opportunity for public
comment before requesting that OMB
extend the existing paperwork clearance
for the proposed collection of
information.
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
1 Although the Commission has rescinded the
1966 enforcement policy that allowed factual
statements of tar and nicotine yields supported by
testing conducted under what was commonly
referred to as ‘‘the FTC Test Method,’’ 73 FR 74,500
(Dec. 8, 2008), the Commission believes it is
important to continue collecting these data, which
researchers and policymakers use to track trends
over time.
PO 00000
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Fmt 4703
Sfmt 4703
technology, e.g., permitting electronic
submission of responses.
Estimated hours burden: The FTC
staffs estimate of the hours burden is
based on the time required each year to
respond to the Commission’s
information request. Although the FTC
currently anticipates sending
information requests each year to the
five largest cigarette companies and the
five largest smokeless tobacco
companies, the burden estimate is based
on up to 15 information requests being
issued per year to take into account any
future changes in these industries.
These companies vary greatly in size, in
the number of products they sell, and in
the extent and variety of their
advertising and promotion. Prior input
received from the industries, combined
with staffs knowledge of them, suggests
that the time most companies would
require to gather, organize, format, and
produce their responses would range
from 30 to 80 hours per information
request for the smaller companies, to as
much as hundreds of hours for the very
largest companies. As an
approximation, staff continues to
assume a per company average of 180
hours for the ten largest recipients of the
Commission’s information requests to
comply—cumulatively, 1,800 hours per
year, or 5,400 hours over the three years
that would be covered by an extension
of OMB’s approval under the PRA.
Staff anticipates that if the
Commission decides to issue
information requests to an additional
one or more companies, those
companies would be smaller than the
primary ten recipients and the burden
would therefore be less than on the
larger companies. Staff believes that the
burden should not exceed 60 hours for
these smaller recipients of information
requests. Cumulatively, then, the total
burden for five additional respondents
should not exceed 300 hours per year or
900 hours over a three-year OMB
clearance. Thus, the overall estimated
burden for a maximum of 15 recipients
of the information requests is 2,100
hours per year or a total of 6,300 hours.
These estimates include any time spent
by separately incorporated subsidiaries
and other entities affiliated with the
ultimate parent company that has
received the information request.
Estimated cost burden: It is not
possible to calculate with precision the
labor costs associated with this data
production, as they entail varying
compensation levels of management
and/or support staff among companies
of different sizes. Commission staff
assumes that personnel with technical
training will handle most of the tasks
involved in the data collection process,
E:\FR\FM\04AUN1.SGM
04AUN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
although legal staff likely will be
involved in preparing the actual
submission to the Commission, and has
applied an average hourly wage of $100/
hour for their combined labor.
Accordingly, staffs best estimate for the
total labor costs for up to 15 information
requests is $210,000 per year, for a total
of $630,000 over the entire three-year
period. Staff believes that the capital or
other non-labor costs associated with
the information requests are minimal.
Although the information requests may
necessitate that industry members
maintain the requested information
provided to the Commission, they
should already have in place the means
to compile and maintain business
records.
Request for comment: You can file a
comment online or on paper. For the
Commission to consider your comment,
we must receive it on or before October
3, 2011. Write ‘‘Tobacco Reports:
Paperwork Comment, FTC File No.
P054507’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the public
Commission Web site, at https://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the
Commission tries to remove individuals’
home contact information from
comments before placing them on the
Commission Web site. Because your
comment will be made public, you are
solely responsible for making sure that
your comment does not include any
sensitive personal information, such as
anyone’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. You are also solely
responsible for making sure that your
comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, don’t include any ‘‘[t]rade
secret or any commercial or financial
information which is obtained from any
person and which is privileged or
confidential * * *,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, don’t include
competitively sensitive information,
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
VerDate Mar<15>2010
17:29 Aug 03, 2011
Jkt 223001
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).2 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online, or to send them to the
Commission by courier or overnight
service. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
tobaccoreportspra, by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Tobacco reports: Paperwork
Comment, FTC File No. P054507’’ on
your comment and on the envelope, and
mail or deliver it to the following
address: Federal Trade Commission,
Office of the Secretary, Room H–113
(Annex J), 600 Pennsylvania Avenue,
NW., Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that 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 on or
before October 3, 2011. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2011–19672 Filed 8–3–11; 8:45 am]
BILLING CODE 6750–01–M
2 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR4.9(c).
PO 00000
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47189
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Statement of Organization, Functions,
and Delegations of Authority
Part C (Centers for Disease Control
and Prevention) of the Statement of
Organization, Functions, and
Delegations of Authority of the
Department of Health and Human
Services (45 FR 67772–76, dated
October 14, 1980, and corrected at 45 FR
69296, October 20, 1980, as amended
most recently at 76 FR 34075, dated
June 10, 2011) is amended to reflect the
establishment of the Office of Minority
Health and Health Equity (CAW), Office
of the Director (CA), Centers for Disease
Control and Prevention (C). This will
align this office as a direct report to the
Director, Centers for Disease Control
and Prevention (CDC), pursuant to
passage of the Patient Protection and
Affordable Care Act (Pub. L. 111–148).
I. Section C–B, Organization and
Functions, is hereby amended as
follows:
Under Part C, Centers for Disease
Control and Prevention (C), Office of the
Director (CA), add the following
organizational unit after the Office of
Diversity Management and Equal
Employment Opportunity (CAV):
Office of Minority Health and Health
Equity (CAW): The mission of the Office
of Minority Health and Health Equity
(OMHHE) is to accelerate CDC’s health
impact in the U.S population and to
eliminate health disparities for
vulnerable populations as defined by
race/ethnicity, socio-economic status,
geography, gender, age, disability status,
risk status related to sex and gender,
and among other populations that are
identified as at-risk for health
disparities. As the Office of the
Director’s organizational focus for
eliminating health disparities, OMHHE:
(1) Provides leadership for CDC-wide
policies, strategies, action planning,
implementation and evaluation to
eliminate health disparities; (2)
coordinates CDC’s response to
Presidential Executive Orders,
Congressional mandates, Secretarial and
HHS/ASH/OPHS Initiatives, and
provides timely performance reports on
minority health and health equity as
required; (3) monitors and reports on
the health status of vulnerable
populations and the effectiveness of
health protection programs; (4)
evaluates the impact of policies and
programs to achieve health disparities
elimination; (5) supports internal/
E:\FR\FM\04AUN1.SGM
04AUN1
Agencies
[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47187-47189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19672]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The FTC is seeking public comments on its proposal to extend
through January 31, 2015, the current PRA clearance for information
sought through compulsory process orders to a combined ten or more a
the largest cigarette manufacturers and smokeless tobacco manufacturers
in order to obtain
[[Page 47188]]
from them information including, among other things, their annual sales
and marketing expenditures. The current clearance expires on January
31, 2012. 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'').
DATES: Comments on the proposed information requests must be received
on or before October 3, 2011.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write: ``Tobacco Reports:
Paperwork Comment, FTC File No. P054507'' on your comment, and file
your comment online at https://ftcpublic.commentworks.com/ftchobaccoreportspra by following the instructions on the web-based
form. If you prefer to file your comment on paper, mail or deliver your
comment to the following address: Federal Trade Commission, Office of
the Secretary, Room H-113 (Annex J), 600 Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the proposed collection of information should be addressed to
Shira Modell, Division of Advertising Practices, Bureau of Consumer
Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., NJ-
3212, Washington, DC 20580. Telephone: (202) 326-3116.
SUPPLEMENTARY INFORMATION: For more than forty years, the FTC has
published periodic reports containing data on domestic cigarette sales
and marketing expenditures by the major U.S. cigarette manufacturers.
It has published comparable reports on smokeless tobacco sales and
marketing expenditures for more than twenty years. Both reports
originally were issued pursuant to statutory mandates. After those
statutory mandates were terminated, the Commission continued to collect
and publish information obtained from the cigarette and smokeless
tobacco industries pursuant to Section 6(b) of the FTC Act, 15 U.S.C.
46(b). The current PRA clearance to collect this information is valid
through January 31, 2012, under OMB Control No. 3084-0134.
The FTC plans to continue sending information requests annually to
the ultimate parent company of several of the largest cigarette
companies and smokeless tobacco companies in the United States
(``industry members''). The information requests will seek data
regarding, inter alia: (1) The tobacco sales of industry members; (2)
how much industry members spend advertising and promoting their tobacco
products, and the specific amounts spent in each of a number of
specified expenditure categories; (3) whether industry members are
involved in the appearance of their products or brand imagery in
television shows, motion pictures, or the Internet; (4) how much
industry members spend on advertising intended to reduce youth tobacco
usage; (5) the events, if any, during which industry members' tobacco
brands are televised; and (6) for the cigarette industry, the tar,
nicotine, and carbon monoxide ratings of their cigarettes, to the
extent they possess such data.\1\ The information will again be sought
using compulsory process under Section 6(b) of the FTC Act.
---------------------------------------------------------------------------
\1\ Although the Commission has rescinded the 1966 enforcement
policy that allowed factual statements of tar and nicotine yields
supported by testing conducted under what was commonly referred to
as ``the FTC Test Method,'' 73 FR 74,500 (Dec. 8, 2008), the
Commission believes it is important to continue collecting these
data, which researchers and policymakers use to track trends over
time.
---------------------------------------------------------------------------
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 section 3506(c)(2)(A) of the PRA, the FTC is
providing this opportunity for public comment before requesting that
OMB extend the existing paperwork clearance for the proposed collection
of information.
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.
Estimated hours burden: The FTC staffs estimate of the hours burden
is based on the time required each year to respond to the Commission's
information request. Although the FTC currently anticipates sending
information requests each year to the five largest cigarette companies
and the five largest smokeless tobacco companies, the burden estimate
is based on up to 15 information requests being issued per year to take
into account any future changes in these industries. These companies
vary greatly in size, in the number of products they sell, and in the
extent and variety of their advertising and promotion. Prior input
received from the industries, combined with staffs knowledge of them,
suggests that the time most companies would require to gather,
organize, format, and produce their responses would range from 30 to 80
hours per information request for the smaller companies, to as much as
hundreds of hours for the very largest companies. As an approximation,
staff continues to assume a per company average of 180 hours for the
ten largest recipients of the Commission's information requests to
comply--cumulatively, 1,800 hours per year, or 5,400 hours over the
three years that would be covered by an extension of OMB's approval
under the PRA.
Staff anticipates that if the Commission decides to issue
information requests to an additional one or more companies, those
companies would be smaller than the primary ten recipients and the
burden would therefore be less than on the larger companies. Staff
believes that the burden should not exceed 60 hours for these smaller
recipients of information requests. Cumulatively, then, the total
burden for five additional respondents should not exceed 300 hours per
year or 900 hours over a three-year OMB clearance. Thus, the overall
estimated burden for a maximum of 15 recipients of the information
requests is 2,100 hours per year or a total of 6,300 hours. These
estimates include any time spent by separately incorporated
subsidiaries and other entities affiliated with the ultimate parent
company that has received the information request.
Estimated cost burden: It is not possible to calculate with
precision the labor costs associated with this data production, as they
entail varying compensation levels of management and/or support staff
among companies of different sizes. Commission staff assumes that
personnel with technical training will handle most of the tasks
involved in the data collection process,
[[Page 47189]]
although legal staff likely will be involved in preparing the actual
submission to the Commission, and has applied an average hourly wage of
$100/hour for their combined labor. Accordingly, staffs best estimate
for the total labor costs for up to 15 information requests is $210,000
per year, for a total of $630,000 over the entire three-year period.
Staff believes that the capital or other non-labor costs associated
with the information requests are minimal. Although the information
requests may necessitate that industry members maintain the requested
information provided to the Commission, they should already have in
place the means to compile and maintain business records.
Request for comment: You can file a comment online or on paper. For
the Commission to consider your comment, we must receive it on or
before October 3, 2011. Write ``Tobacco Reports: Paperwork Comment, FTC
File No. P054507'' on your comment. Your comment--including your name
and your state--will be placed on the public record of this proceeding,
including, to the extent practicable, on the public Commission Web
site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of
discretion, the Commission tries to remove individuals' home contact
information from comments before placing them on the Commission Web
site. Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, such as anyone'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. You are also
solely responsible for making sure that your comment does not include
any sensitive health information, such as medical records or other
individually identifiable health information. In addition, don't
include any ``[t]rade secret or any commercial or financial information
which is obtained from any person and which is privileged or
confidential * * *,'' as provided in Section 6(f) of the FTC Act, 15
U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In
particular, don't include competitively sensitive information, such as
costs, sales statistics, inventories, formulas, patterns, devices,
manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\2\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
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\2\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online, or to send them to the Commission by courier or
overnight service. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/tobaccoreportspra, by following the instructions on the web-based
form. If this Notice appears at https://www.regulations.gov/#!home, you
also may file a comment through that Web site.
If you file your comment on paper, write ``Tobacco reports:
Paperwork Comment, FTC File No. P054507'' on your comment and on the
envelope, and mail or deliver it to the following address: Federal
Trade Commission, Office of the Secretary, Room H-113 (Annex J), 600
Pennsylvania Avenue, NW., Washington, DC 20580. If possible, submit
your paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that 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 on or before October 3, 2011. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2011-19672 Filed 8-3-11; 8:45 am]
BILLING CODE 6750-01-M