Agency Information Collection Activities; Proposed Collection; Comment Request, 65758-65761 [2015-27194]

Download as PDF 65758 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices 2:30 p.m. on Friday, October 30, 2015. PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th Street entrance between Constitution Avenue and C Streets NW., Washington, DC 20551. STATUS: Open. On the day of the meeting, you will be able to view the meeting via webcast from a link available on the Board’s public Web site. You do not need to register to view the webcast of the meeting. A link to the meeting documentation will also be available approximately 20 minutes before the start of the meeting. Both links may be accessed from the Board’s public Web site at www.federalreserve.gov. If you plan to attend the open meeting in person, we ask that you notify us in advance and provide your name, date of birth, and social security number (SSN) or passport number. You may provide this information by calling 202–452– 2474 or you may register online. You may pre-register until close of business on October 29, 2015. You also will be asked to provide identifying information, including a photo ID, before being admitted to the Board meeting. The Public Affairs Office must approve the use of cameras; please call 202–452–2955 for further information. If you need an accommodation for a disability, please contact Penelope Beattie on 202–452–3982. For the hearing impaired only, please use the Telecommunication Device for the Deaf (TDD) on 202–263–4869. Privacy Act Notice: The information you provide will be used to assist us in prescreening you to ensure the security of the Board’s premises and personnel. In order to do this, we may disclose your information consistent with the routine uses listed in the Privacy Act Notice for BGFRS–32, including to appropriate federal, state, local, or foreign agencies where disclosure is reasonably necessary to determine whether you pose a security risk or where the security or confidentiality of your information has been compromised. We are authorized to collect your information by 12 U.S.C. 243 and 248, and Executive Order 9397. In accordance with Executive Order 9397, we collect your SSN so that we can keep accurate records, because other people may have the same name and birth date. In addition, we use your SSN when we make requests for information about you from law enforcement and other regulatory agency databases. Furnishing the information requested is voluntary; however, your failure to provide any of the information tkelley on DSK3SPTVN1PROD with NOTICES TIME AND DATE: VerDate Sep<11>2014 18:24 Oct 26, 2015 Jkt 238001 requested may result in disapproval of your request for access to the Board’s premises. You may be subject to a fine or imprisonment under 18 U.S.C. 1001 for any false statements you make in your request to enter the Board’s premises. Discussion Agenda: 1. Proposed Rule establishing Total Loss-Absorbing Capacity and Buffers, Long-term Debt, and Clean Holding Company Requirements for U.S. Global Systemically Important Banking Organizations and U.S. Intermediate Holding Companies of Foreign Global Systemically Important Banking Organizations. 2. Final Rule regarding Margin and Capital Requirements for Uncleared Swaps. Notes: 1. The staff memo to the Board will be made available to the public on the day of the meeting in paper and the background material will be made available on a compact disc (CD). If you require a paper copy of the entire document, please call Penelope Beattie on 202–452–3982. The documentation will not be available until about 20 minutes before the start of the meeting. 2. This meeting will be recorded for the benefit of those unable to attend. The webcast recording and a transcript of the meeting will be available after the meeting on the Board’s public Web site http://www.federalreserve.gov/ aboutthefed/boardmeetings/ or if you prefer, a CD recording of the meeting will be available for listening in the Board’s Freedom of Information Office, and copies can be ordered for $4 per disc by calling 202–452–3684 or by writing to: Freedom of Information Office, Board of Governors of the Federal Reserve System, Washington, DC 20551. For more information please contact: Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202–452–2955. MATTERS TO BE CONSIDERED: You may access the Board’s public Web site at www.federalreserve.gov for an electronic announcement. (The Web site also includes procedural and other information about the open meeting.) SUPPLEMENTARY INFORMATION: Dated: October 23, 2015. Margaret M. Shanks, Deputy Secretary of the Board. [FR Doc. 2015–27436 Filed 10–23–15; 4:15 pm] BILLING CODE 6210–01–P PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice. AGENCY: The FTC seeks public comments on proposed information requests to marketers of electronic cigarettes. These comments will be considered before the Commission submits a request for Office of Management and Budget (‘‘OMB’’) review under the Paperwork Reduction Act (‘‘PRA’’) of compulsory process orders to those marketers. The information sought from those companies would include, among other things, data on annual sales and marketing expenditures. The Commission intends to ask OMB for a three-year clearance to collect this information. SUMMARY: Comments on the proposed information requests must be received on or before December 28, 2015. 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: ‘‘Electronic Cigarettes: Paperwork Comment, FTC File No. P144504’’ on your comment and file the comment online at https:// ftcpublic.commentworks.com/ftc/ electroniccigarettespra by following the instructions on the web-based form. If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor Suite 5610 (Annex J), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be addressed to Elizabeth Sanger or Shira Modell, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission. Telephone: (202) 326–2757 (Sanger) or (202) 326–3116 (Modell). SUPPLEMENTARY INFORMATION: Background: For many years, the Commission has published reports on sales and marketing expenditures by the major cigarette and smokeless tobacco manufacturers. The data contained in DATES: E:\FR\FM\27OCN1.SGM 27OCN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices those reports are based on information submitted to the Commission, pursuant to compulsory process, by the largest domestic cigarette and smokeless tobacco manufacturers. In the past few years, sales of batterypowered devices generally referred to as electronic cigarettes or ‘‘e-cigarettes’’ have grown rapidly in the United States. Rather than burn tobacco, these devices heat liquid containing flavorings and chemicals (usually including nicotine) to produce an aerosol that is inhaled, and then exhaled, by the user. Ecigarettes, which are sold both online and in brick-and-mortar stores, are available in both disposable and refillable models, in a range of nicotine strengths (including nicotine-free), and in a multitude of flavors; 1 some companies allow consumers to order individually-customized flavor and nicotine content combinations. Given the increasing prevalence of ecigarettes alongside conventional cigarettes and smokeless tobacco, the Commission believes it is necessary for the agency to begin collecting information from e-cigarette marketers about their sales and marketing activities. The Commission intends to publish a report with the data it obtains,2 and to issue annual information requests to the major marketers, in order to track trends over time. The information will be sought using compulsory process under Section 6(b) of the Federal Trade Commission Act, 15 U.S.C. 46. The Commission plans to address its information requests to the ultimate U.S. parent of e-cigarette marketers (‘‘industry members’’) in order to ensure that no relevant data from affiliated or subsidiary companies go unreported. The Commission intends to issue information requests to approximately five large and ten small industry members. Even though this number does not represent the entire industry, the responses should provide valuable information about a reasonable percentage of the e-cigarette market, including its major players. Because the number of separately incorporated companies affected by the Commission’s requests will exceed nine entities, the Commission intends to seek OMB clearance under the PRA before requesting any information from the industry members. Under the PRA, 44 U.S.C. 3501–3521, federal agencies must obtain approval from OMB for each 1 Those flavors include tobacco and menthol, as well as fruits (e.g., green apple), beverages (e.g., coffee), desserts (e.g., turtle sundae), and others. 2 The report would not disclose any companyspecific confidential data. VerDate Sep<11>2014 18:24 Oct 26, 2015 Jkt 238001 ‘‘collection of information’’ they conduct or sponsor if posed to ten or more entities within any twelve-month period. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). ‘‘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 authorize the proposed collection of information. The FTC invites comments on: (1) Whether participation in the study is necessary, including whether the information will be practically useful; (2) the accuracy of our burden estimates, including whether the methodology and assumptions used are valid; (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. The Commission anticipates that its requests will seek the following categories of information: (1) Sales and give-aways of e-cigarettes and related products (e.g., refill cartridges and eliquids); (2) marketing expenditures, including the amounts being spent on various media; (3) product placements in television programming, motion pictures, magazines, and other publications; (4) efforts such as agescreening mechanisms to prevent youth from being exposed to advertising and promotion for e-cigarettes or from obtaining free product samples; (5) expenditures on advertising to deter youth under the age of 18 from purchasing or using e-cigarettes; and (6) data collection activities, including data collection in connection with digital and social media marketing, and efforts to avoid collection of data from those under age 18. The Commission requests comments on its intention to seek the above-listed categories of information. The Commission also invites comments on the following issues: 1. Should the FTC seek to collect data that are differentiated according to: (a) The various types of products sold and given away by industry members (e.g., collecting data on disposable devices separately from data on refillable devices and on refill supplies); (b) the various flavors and nicotine strengths of those sales and give-aways; (c) the various sizes and liquid capacities of disposable e-cigarettes, cartridges, and e-liquids sold and given away; and (d) whether the company sells directly to consumers (e.g., over the Internet) or to wholesalers and distributors for subsequent sale to consumers (e.g., at PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 65759 convenience stores)? Would less detailed information be sufficient, and, if so, what level of detail will suffice, and why? 2. Should the Commission collect data on product sales separately from data on product give-aways? 3. If an e-cigarette is sold with more than one cartridge (or container of eliquid), should all of those cartridges be considered part of the initial sale, or should some of them be considered refills? If some of them should be considered refills, which ones? Does it matter whether those cartridges are part of the same Stock Keeping Unit (‘‘SKU’’) as the e-cigarette device? Whether they are packaged with it in the same blister pack? 4. Should the Commission seek data on state-by-state sales of e-cigarettes and related products? 5. Is there other information the Commission should seek from the companies about sales and give-aways of their products? 6. Assuming that the Commission’s collection and reporting of highly detailed data is necessary for understanding the e-cigarette industry— e.g., which flavor and nicotine content combinations are sold the most in direct online transactions with consumers, and which are sold the most to wholesalers and retailers, and which products are most frequently given away—can industry members provide those data? In other words, can the companies provide data that distinguishes between: (a) Direct sales to consumers (e.g., online sales) and sales to retailers and distributors; (b) sales and give-aways of disposable e-cigarettes and sales and give-aways of refillable e-cigarettes; and (c) the various combinations of sizes, flavors, and nicotine contents of their ecigarettes and refill cartridges and eliquids? For example, can the companies report the volume and sales value of higher nicotine, mentholflavored e-liquid sold to retailers and distributors separately from sales of lower nicotine, pizza-flavored e-liquid sold directly to consumers? Can they report the volume and sales value of higher nicotine, tobacco-flavored cartridges and e-liquids sold with an ecigarette (i.e., in the same blister pack) separately from the volume and sales value of lower nicotine, dessert-flavored refill cartridges and e-liquids? Can the companies provide sales data on a stateby-state basis, and if so, can they do so for all sales or only for sales made directly to consumers? 7. Should the Commission collect data for each individual e-cigarette flavor sold by the companies, or should it identify various flavor categories (e.g., E:\FR\FM\27OCN1.SGM 27OCN1 tkelley on DSK3SPTVN1PROD with NOTICES 65760 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices tobacco, fruit, dessert) for purposes of the companies’ reports? If the Commission should use flavor categories, how should those categories be defined? Similarly, should the Commission collect data for every level of nicotine content sold by the companies, or should it identify various ranges of nicotine content (e.g., nicotine-free, from 1.8% to 2.4%); if the Commission should use ranges, what should they be? Estimated hours burden: The FTC staff’s estimate of the hours burden is based on the time that would be required to respond to the Commission’s information request. The FTC currently anticipates sending information requests to as many as 15 e-cigarette companies each year. The Commission anticipates that these companies will vary in size, in the number of products they sell, and in the extent and variety of their advertising and promotion. Because of these variables, and the quick-changing nature of the industry at this point, FTC staff has not calculated separate burden estimates for large and small companies, as is otherwise traditionally the case for the Commission’s cigarette and smokeless tobacco Orders. For example, an e-cigarette marketer with a large volume of sales but a relatively small product line could potentially require fewer resources to respond to the Commission’s Order than a marketer with lower overall sales but a substantially larger product line that offers consumers a greater range of flavor and nicotine options. Rather than account for each potential permutation of factors, FTC staff has calculated a per company average at the upper limit of this potential range. Some companies will likely require less time to compile their responses. The Commission anticipates that even if it provides models for the Excel datafiles the companies will be required to submit, recipients of its Orders will need substantial time to prepare a response the first time. Once an ecigarette marketer has prepared its first response to a Commission Order, however, it will need less time in subsequent years to prepare its reports because it will know what information it will be required to produce, and will already have a template for its submission. Accordingly, as an approximation, staff assumes a per company average of 200 hours for each recipient of the Commission’s information requests the first year they have to comply with the Commission’s Order. Staff anticipates that in subsequent years, the per company average will be 150 hours. Thus, the overall estimated burden for VerDate Sep<11>2014 18:24 Oct 26, 2015 Jkt 238001 15 recipients of the information requests is 3,000 hours for the first year and 2,250 for each of the two subsequent years, or a total of 7,500 hours. Thus, the average yearly burden, over the course of a prospective three-year clearance, per recipient (large and small), is 167 hours (rounded to the nearest whole number). 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: Commission staff cannot 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. The staff assumes that computer analysts and other non-legal staff will perform most of the work involved in responding to the Orders, although in-house legal personnel will be involved in reviewing the actual submission to the Commission. The staff believes that the same $100/hour wage that it used in its recent request for reauthorization of information requests to the major cigarette and smokeless tobacco manufacturers is appropriate here also for the combined efforts of these individuals. Using this figure, staff’s best estimate for the total labor costs for 15 information requests is $300,000 (3,000 hours × $100/hour) for the first year and $225,000 for each of the two subsequent years (2,250 hours × $100/hour), for a total of $750,000 over the entire three-year period. Annualized, labor cost per respondent will average approximately $16,700. 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 December 28, 2015. Write ‘‘Electronic Cigarettes: Paperwork Comment, FTC File No. P144504’’ 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 http://www.ftc.gov/os/ publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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 doesn’t 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, do not include any ‘‘[t]rade secret or any commercial or financial information which is . . . privileged or confidential,’’ as discussed 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, do not 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 must follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential only if the FTC General Counsel 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/ electroniccigarettespra, by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Electronic Cigarettes: Paperwork Comment, FTC File No. P114504’’ on your comment and on the envelope, and mail it to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices (Annex J), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://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 December 28, 2015. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2015–27194 Filed 10–26–15; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0057; Docket 2015– 0055; Sequence 24] Information Collection; Evaluation of Export Offers Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning ‘‘Information Collection 9000–0057, Evaluation of Export Offers.’’ DATES: Submit comments on or before December 28, 2015. ADDRESSES: Submit comments identified by Information Collection 9000–0057, Evaluation of Export Offers, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘Information Collection 9000– 0057, Evaluation of Export Offers’’ tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:24 Oct 26, 2015 Jkt 238001 under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘Information Collection 9000–0057, Evaluation of Export Offers’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0057, Evaluation of Export Offers’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000–0057, Evaluation of Export Offers. Instructions: Please submit comments only and cite Information Collection ‘‘Information Collection 9000–0057, Evaluation of Export Offers’’ in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, 202–501–4082 or via email at Curtis.glover@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose Offers submitted in response to Government solicitations must be evaluated and awards made on the basis of the lowest laid down cost to the Government at the overseas port of discharge, via methods and ports compatible with required delivery dates and conditions affecting transportation know at the time of evaluation. FAR provision 52.247–51, ‘‘Evaluation of Export Offers,’’ is required for insertion in Government solicitations when supplies are to be exported through Contiguous United States (CONUS) ports and offers are solicited on a free onboard (f.o.b.) origin or f.o.b. destination basis. The provision has three alternates, to be used (1) when the CONUS ports of export are DoD water terminals, (2) when offers are solicited on an f.o.b. origin only basis, and (3) when offers are solicited on an f.o.b. destination only basis. The provision collects information regarding the vendor’s preference for delivery ports. The information is used to evaluate PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 65761 offers [on the basis of shipment through the port resulting in the lowest cost to the Government. B. Annual Reporting Burden Respondents: 100. Responses per Respondent: 4. Annual Responses: 400. Hours per Response: 0.25 Total Burden Hours: 100. C. Public Comments Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202–501–4755. Please cite OMB Control Number ‘‘9000–0057, Evaluation of Export Offers’’ in all correspondence. Edward Loeb, Acting Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2015–27243 Filed 10–26–15; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day–16–16BM; Docket No. CDC–2015– 0091] Proposed Data Collection Submitted for Public Comment and Recommendations Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice with comment period. AGENCY: The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the SUMMARY: E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65758-65761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27194]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice.

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

SUMMARY: The FTC seeks public comments on proposed information requests 
to marketers of electronic cigarettes. These comments will be 
considered before the Commission submits a request for Office of 
Management and Budget (``OMB'') review under the Paperwork Reduction 
Act (``PRA'') of compulsory process orders to those marketers. The 
information sought from those companies would include, among other 
things, data on annual sales and marketing expenditures. The Commission 
intends to ask OMB for a three-year clearance to collect this 
information.

DATES: Comments on the proposed information requests must be received 
on or before December 28, 2015.

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: ``Electronic 
Cigarettes: Paperwork Comment, FTC File No. P144504'' on your comment 
and file the comment online at https://ftcpublic.commentworks.com/ftc/electroniccigarettespra by following the instructions on the web-based 
form. If you prefer to file your comment on paper, mail your comment to 
the following address: Federal Trade Commission, Office of the 
Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor Suite 5610 (Annex J), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Elizabeth Sanger or Shira Modell, Division of 
Advertising Practices, Bureau of Consumer Protection, Federal Trade 
Commission. Telephone: (202) 326-2757 (Sanger) or (202) 326-3116 
(Modell).

SUPPLEMENTARY INFORMATION:
    Background: For many years, the Commission has published reports on 
sales and marketing expenditures by the major cigarette and smokeless 
tobacco manufacturers. The data contained in

[[Page 65759]]

those reports are based on information submitted to the Commission, 
pursuant to compulsory process, by the largest domestic cigarette and 
smokeless tobacco manufacturers.
    In the past few years, sales of battery-powered devices generally 
referred to as electronic cigarettes or ``e-cigarettes'' have grown 
rapidly in the United States. Rather than burn tobacco, these devices 
heat liquid containing flavorings and chemicals (usually including 
nicotine) to produce an aerosol that is inhaled, and then exhaled, by 
the user. E-cigarettes, which are sold both online and in brick-and-
mortar stores, are available in both disposable and refillable models, 
in a range of nicotine strengths (including nicotine-free), and in a 
multitude of flavors; \1\ some companies allow consumers to order 
individually-customized flavor and nicotine content combinations.
---------------------------------------------------------------------------

    \1\ Those flavors include tobacco and menthol, as well as fruits 
(e.g., green apple), beverages (e.g., coffee), desserts (e.g., 
turtle sundae), and others.
---------------------------------------------------------------------------

    Given the increasing prevalence of e-cigarettes alongside 
conventional cigarettes and smokeless tobacco, the Commission believes 
it is necessary for the agency to begin collecting information from e-
cigarette marketers about their sales and marketing activities. The 
Commission intends to publish a report with the data it obtains,\2\ and 
to issue annual information requests to the major marketers, in order 
to track trends over time. The information will be sought using 
compulsory process under Section 6(b) of the Federal Trade Commission 
Act, 15 U.S.C. 46.
---------------------------------------------------------------------------

    \2\ The report would not disclose any company-specific 
confidential data.
---------------------------------------------------------------------------

    The Commission plans to address its information requests to the 
ultimate U.S. parent of e-cigarette marketers (``industry members'') in 
order to ensure that no relevant data from affiliated or subsidiary 
companies go unreported. The Commission intends to issue information 
requests to approximately five large and ten small industry members. 
Even though this number does not represent the entire industry, the 
responses should provide valuable information about a reasonable 
percentage of the e-cigarette market, including its major players. 
Because the number of separately incorporated companies affected by the 
Commission's requests will exceed nine entities, the Commission intends 
to seek OMB clearance under the PRA before requesting any information 
from the industry members. 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 if posed to ten or more entities 
within any twelve-month period. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). 
``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 authorize the 
proposed collection of information.
    The FTC invites comments on: (1) Whether participation in the study 
is necessary, including whether the information will be practically 
useful; (2) the accuracy of our burden estimates, including whether the 
methodology and assumptions used are valid; (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.
    The Commission anticipates that its requests will seek the 
following categories of information: (1) Sales and give-aways of e-
cigarettes and related products (e.g., refill cartridges and e-
liquids); (2) marketing expenditures, including the amounts being spent 
on various media; (3) product placements in television programming, 
motion pictures, magazines, and other publications; (4) efforts such as 
age-screening mechanisms to prevent youth from being exposed to 
advertising and promotion for e-cigarettes or from obtaining free 
product samples; (5) expenditures on advertising to deter youth under 
the age of 18 from purchasing or using e-cigarettes; and (6) data 
collection activities, including data collection in connection with 
digital and social media marketing, and efforts to avoid collection of 
data from those under age 18. The Commission requests comments on its 
intention to seek the above-listed categories of information.
    The Commission also invites comments on the following issues:
    1. Should the FTC seek to collect data that are differentiated 
according to: (a) The various types of products sold and given away by 
industry members (e.g., collecting data on disposable devices 
separately from data on refillable devices and on refill supplies); (b) 
the various flavors and nicotine strengths of those sales and give-
aways; (c) the various sizes and liquid capacities of disposable e-
cigarettes, cartridges, and e-liquids sold and given away; and (d) 
whether the company sells directly to consumers (e.g., over the 
Internet) or to wholesalers and distributors for subsequent sale to 
consumers (e.g., at convenience stores)? Would less detailed 
information be sufficient, and, if so, what level of detail will 
suffice, and why?
    2. Should the Commission collect data on product sales separately 
from data on product give-aways?
    3. If an e-cigarette is sold with more than one cartridge (or 
container of e-liquid), should all of those cartridges be considered 
part of the initial sale, or should some of them be considered refills? 
If some of them should be considered refills, which ones? Does it 
matter whether those cartridges are part of the same Stock Keeping Unit 
(``SKU'') as the e-cigarette device? Whether they are packaged with it 
in the same blister pack?
    4. Should the Commission seek data on state-by-state sales of e-
cigarettes and related products?
    5. Is there other information the Commission should seek from the 
companies about sales and give-aways of their products?
    6. Assuming that the Commission's collection and reporting of 
highly detailed data is necessary for understanding the e-cigarette 
industry--e.g., which flavor and nicotine content combinations are sold 
the most in direct online transactions with consumers, and which are 
sold the most to wholesalers and retailers, and which products are most 
frequently given away--can industry members provide those data? In 
other words, can the companies provide data that distinguishes between: 
(a) Direct sales to consumers (e.g., online sales) and sales to 
retailers and distributors; (b) sales and give-aways of disposable e-
cigarettes and sales and give-aways of refillable e-cigarettes; and (c) 
the various combinations of sizes, flavors, and nicotine contents of 
their e-cigarettes and refill cartridges and e-liquids? For example, 
can the companies report the volume and sales value of higher nicotine, 
menthol-flavored e-liquid sold to retailers and distributors separately 
from sales of lower nicotine, pizza-flavored e-liquid sold directly to 
consumers? Can they report the volume and sales value of higher 
nicotine, tobacco-flavored cartridges and e-liquids sold with an e-
cigarette (i.e., in the same blister pack) separately from the volume 
and sales value of lower nicotine, dessert-flavored refill cartridges 
and e-liquids? Can the companies provide sales data on a state-by-state 
basis, and if so, can they do so for all sales or only for sales made 
directly to consumers?
    7. Should the Commission collect data for each individual e-
cigarette flavor sold by the companies, or should it identify various 
flavor categories (e.g.,

[[Page 65760]]

tobacco, fruit, dessert) for purposes of the companies' reports? If the 
Commission should use flavor categories, how should those categories be 
defined? Similarly, should the Commission collect data for every level 
of nicotine content sold by the companies, or should it identify 
various ranges of nicotine content (e.g., nicotine-free, from 1.8% to 
2.4%); if the Commission should use ranges, what should they be?
    Estimated hours burden: The FTC staff's estimate of the hours 
burden is based on the time that would be required to respond to the 
Commission's information request. The FTC currently anticipates sending 
information requests to as many as 15 e-cigarette companies each year. 
The Commission anticipates that these companies will vary in size, in 
the number of products they sell, and in the extent and variety of 
their advertising and promotion. Because of these variables, and the 
quick-changing nature of the industry at this point, FTC staff has not 
calculated separate burden estimates for large and small companies, as 
is otherwise traditionally the case for the Commission's cigarette and 
smokeless tobacco Orders. For example, an e-cigarette marketer with a 
large volume of sales but a relatively small product line could 
potentially require fewer resources to respond to the Commission's 
Order than a marketer with lower overall sales but a substantially 
larger product line that offers consumers a greater range of flavor and 
nicotine options. Rather than account for each potential permutation of 
factors, FTC staff has calculated a per company average at the upper 
limit of this potential range. Some companies will likely require less 
time to compile their responses.
    The Commission anticipates that even if it provides models for the 
Excel datafiles the companies will be required to submit, recipients of 
its Orders will need substantial time to prepare a response the first 
time. Once an e-cigarette marketer has prepared its first response to a 
Commission Order, however, it will need less time in subsequent years 
to prepare its reports because it will know what information it will be 
required to produce, and will already have a template for its 
submission.
    Accordingly, as an approximation, staff assumes a per company 
average of 200 hours for each recipient of the Commission's information 
requests the first year they have to comply with the Commission's 
Order. Staff anticipates that in subsequent years, the per company 
average will be 150 hours. Thus, the overall estimated burden for 15 
recipients of the information requests is 3,000 hours for the first 
year and 2,250 for each of the two subsequent years, or a total of 
7,500 hours. Thus, the average yearly burden, over the course of a 
prospective three-year clearance, per recipient (large and small), is 
167 hours (rounded to the nearest whole number). 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: Commission staff cannot 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. The staff assumes that computer 
analysts and other non-legal staff will perform most of the work 
involved in responding to the Orders, although in-house legal personnel 
will be involved in reviewing the actual submission to the Commission. 
The staff believes that the same $100/hour wage that it used in its 
recent request for reauthorization of information requests to the major 
cigarette and smokeless tobacco manufacturers is appropriate here also 
for the combined efforts of these individuals. Using this figure, 
staff's best estimate for the total labor costs for 15 information 
requests is $300,000 (3,000 hours x $100/hour) for the first year and 
$225,000 for each of the two subsequent years (2,250 hours x $100/
hour), for a total of $750,000 over the entire three-year period. 
Annualized, labor cost per respondent will average approximately 
$16,700.
    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 December 28, 2015. Write ``Electronic Cigarettes: Paperwork 
Comment, FTC File No. P144504'' 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 http://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 doesn't 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, do not 
include any ``[t]rade secret or any commercial or financial information 
which is . . . privileged or confidential,'' as discussed 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, do not 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 must follow the procedure explained in FTC Rule 4.9(c), 16 CFR 
4.9(c). Your comment will be kept confidential only if the FTC General 
Counsel 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/electroniccigarettespra, by following the instructions on the web-
based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site.
    If you file your comment on paper, write ``Electronic Cigarettes: 
Paperwork Comment, FTC File No. P114504'' on your comment and on the 
envelope, and mail it to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610

[[Page 65761]]

(Annex J), Washington, DC 20024. If possible, submit your paper comment 
to the Commission by courier or overnight service.
    Visit the Commission Web site at http://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 December 28, 2015. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-27194 Filed 10-26-15; 8:45 am]
BILLING CODE 6750-01-P