Agency Information Collection Activities; Submission for OMB Review; Comment Request, 67541-67544 [2020-23515]

Download as PDF Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices Frequency of Response: On occasion, annually and semi-annually reporting requirements; annual recordkeeping requirement. Obligation to Respond: Mandatory. Statutory authority for this information collection is contained in 47 U.S.C. 154(i), 154(j), 161, 201–205, and 303(r). Total Annual Burden: 24 hours. Total Annual Cost: $225,000. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: Respondents concerned about disclosure of sensitive information in any submissions to the Commission may request confidential treatment pursuant to 47 CFR 0.459 of the Commission’s rules. Needs and Uses: The Commission will submit this information collection to the Office of Management and Budget (OMB) after this 60-day comment period in order to obtain the full three-year clearance from them. The FCC has standards for accounting authorities in the maritime mobile and maritime-satellite radio services. The Commission will use the information to determine eligibility of applicants for certification as an accounting authority, to monitor activity, to ensure compliance, and to identify accounting authorities to the International Telecommunications Union. Respondents are entities seeking certification or those already certified to be accounting authorities. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at https://www.federalreserve.gov/foia/ request.htm. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551–0001, not later than November 23, 2020. A. Federal Reserve Bank of Philadelphia (William Spaniel, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105– 1521. Comments can also be sent electronically to Comments.applications@phil.frb.org: 1. William Penn Bancorporation, Bristol, Pennsylvania; to become a bank holding company by acquiring the voting shares of William Penn Bank, Bristol, Pennsylvania, in connection with the merger of William Penn, MHC, Bristol, Pennsylvania, a state chartered mutual bank holding company converting from the mutual to the stock form, with and into William Penn Bancorporation. Board of Governors of the Federal Reserve System, October 20, 2020. Yao-Chin Chao, Assistant Secretary of the Board. [FR Doc. 2020–23458 Filed 10–22–20; 8:45 am] BILLING CODE 6712–01–P [FR Doc. 2020–23543 Filed 10–22–20; 8:45 am] BILLING CODE P khammond on DSKJM1Z7X2PROD with NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for 18:09 Oct 22, 2020 Jkt 253001 Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at https://www.federalreserve.gov/foia/ request.htm. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551–0001, not later than November 23, 2020. A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690–1414: 1. First Secure Bank Group, Inc., Sugar Grove, Illinois, to acquire Wonder Bancorp, Inc., and thereby indirectly acquire State Bank, both of Wonder Lake, Illinois. Board of Governors of the Federal Reserve System, October 20, 2020. Yao-Chin Chao, Assistant Secretary of the Board. [FR Doc. 2020–23542 Filed 10–22–20; 8:45 am] BILLING CODE P FEDERAL TRADE COMMISSION Agency Information Collection Activities; Submission for OMB Review; Comment Request Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice. AGENCY: FEDERAL RESERVE SYSTEM VerDate Sep<11>2014 67541 FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The public portions of the applications listed below, as well as other related filings required by the PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 The information collection requirements described below will be submitted to the Office of Management and Budget (‘‘OMB’’) for review, as required by the Paperwork Reduction Act (‘‘PRA’’). The FTC seeks public comments on proposed information requests sent pursuant to compulsory process to a combined ten or more of the largest domestic cigarette manufacturers and smokeless tobacco manufacturers. The information sought would include, among other things, data on annual sales and marketing expenditures. The current FTC clearance from the Office of Management and Budget (‘‘OMB’’) to conduct such information collection expires December 31, 2020. The Commission intends to ask OMB for SUMMARY: E:\FR\FM\23OCN1.SGM 23OCN1 67542 Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES renewed three-year clearance to collect this information. DATES: Comments on the proposed information requests must be received on or before November 23, 2020. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. The reginfo.gov web link is a United States Government website produced by OMB and the General Services Administration (GSA). Under PRA requirements, OMB’s Office of Information and Regulatory Affairs (OIRA) reviews Federal information collections. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the proposed collection of information should be addressed to Michael Ostheimer, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Mailstop CC–10507, Washington, DC 20580, (202) 326–2699. SUPPLEMENTARY INFORMATION: Title: FTC Cigarette and Smokeless Tobacco Data Collection. OMB Control Number: 3084–0134. Type of Review: Extension of a currently approved collection. On June 25, 2020, the FTC sought public comment on the information collection requirements associated with the Cigarette and Smokeless Tobacco Data Collection. 85 FR 38139. Four germane comments were received. Pursuant to the OMB regulations, 5 CFR part 1320, that implement the PRA, 44 U.S.C. 3501 et seq., the FTC is providing this second opportunity for public comment while seeking OMB approval to renew the pre-existing clearance for the Cigarette and Smokeless Tobacco Data Collection. In response to the June 25, 2020 Notice, the Commission received comments from the Campaign for Tobacco-Free Kids (‘‘CTFK’’), the American Lung Association (‘‘ALA’’), Truth Initiative, and Altria Client Services (‘‘Altria’’). I. CTFK The CTFK comment specifically noted the utility and importance of the Commission’s Cigarette and Smokeless Tobacco Reports, and urged the agency to continue collecting and reporting industry sales and marketing expenditure data, which CTFK stated VerDate Sep<11>2014 18:09 Oct 22, 2020 Jkt 253001 provide ‘‘critical data to researchers, policymakers, advocates and the general public.’’ CTFK additionally observed: The FTC is currently the only public source for data on cigarette and smokeless tobacco companies’ marketing and promotional expenditures. No other agency collects and publishes such information directly from the companies, making the FTC reports the most accurate and reliable assessment of tobacco marketing and promotion expenditures available. CTFK at 1. CTFK, however, suggested certain modifications to the Commission’s reports. Specifically, CTFK recommended that the Commission: (1) Clarify in which category coupons that consumers obtain online are to be counted; (2) report data on a company-specific or brand-specific basis, rather than on a fully-aggregated basis; (3) require manufacturers to report expenditures related to corporate sponsorships and advertisements; and (4) publish reports within one year of data collection. Id. at 2. CTFK also requested that the FTC extend its data collection to include electronic cigarettes (‘‘e-cigarettes’’) and cigars.1 The Commission’s proposed Orders clarify that expenditures on coupons delivered online should be reported together with coupons delivered by other means. The full impact of couponing by the major cigarette and smokeless tobacco manufacturers can only be seen if expenditures for all coupons are reported together, regardless of how those coupons are delivered to consumers. Regarding CTFK’s suggestion that data be reported on other than a fullyaggregated, nationwide basis, the cigarette and smokeless tobacco companies assert that those data are confidential and, as CTFK acknowledges, the Commission cannot publicly release trade secrets or certain commercial or financial information. Id. at 2, n.2. The Commission has for a number of years required the recipients of its 6(b) Orders to report certain expenditures related to corporate sponsorships and advertisements made in the name of the company, rather than any of its brands.2 1 Two other commenters, ALA and Truth Initiative, made the same suggestion. The collection of data regarding e-cigarettes or cigars is beyond the scope of this proposed collection. Note though that the FTC has a separate ongoing study on ecigarettes. See FTC Press Release, FTC to Study ECigarette Manufacturers’ Sales, Advertising, and Promotional Methods (Oct. 3, 2019), https:// www.ftc.gov/news-events/press-releases/2019/10/ ftc-study-e-cigarette-manufacturers-salesadvertising-promotional. 2 Both the cigarette and smokeless tobacco Orders required the recipients to report expenditures on ‘‘public entertainment events (including, but not PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 The Commission has not included those data in its Cigarette and Smokeless Tobacco Reports, and has therefore decided to cease collecting this information. Regarding CTFK’s suggestion to publish reports within one year of data collection, the Commission always strives to publish the Cigarette and Smokeless Tobacco Reports as quickly as possible. It takes the recipients of its 6(b) Orders time to submit their reports and they may request extensions, such as this year due to the COVID–19 pandemic. After reviewing the resulting reports, staff often has to go back to one or more of the 6(b) Order recipients for clarifications and corrections. The data also requires analysis, and the reports require writing and review and approval at multiple levels. The Commission does in fact usually publish the Cigarette and Smokeless Tobacco Reports well within a year of when the data is first submitted. II. ALA The ALA comment stated that the Commission’s Cigarette and Smokeless Tobacco Reports provide ‘‘valuable information on cigarette and smokeless tobacco products sales and marketing that is used on an ongoing basis in the Lung Association’s education and public policy activities related to preventing and reducing tobacco use.’’ ALA at 1. ALA additionally observed: These data are also important for public health officials and other organizations working to reduce the terrible burden caused by tobacco. By understanding how much tobacco companies spend on marketing and the distribution channels they use, it allows public health officials to determine where and how best to deliver tobacco prevention and cessation messages. Id. III. Truth Initiative Truth Initiative’s comment stressed the critical importance and utility of the Cigarette and Smokeless Tobacco reports. Truth Initiative at 1. It said that the reports provide information that is not available elsewhere and is not duplicative of other data collections. Id. Truth Initiative believes the reports often provide the basis for strong public health policies with regard to tobacco use and marketing and such policies save lives. Id. Truth Initiative, however, suggested certain modifications to the limited to, concerts and sporting events) bearing or otherwise displaying the name of the Company or any variation thereof but not bearing or otherwise displaying the name, logo, or an image of any portion of the package’’ of any of its cigarettes or smokeless tobacco products, or otherwise referring to those products. E:\FR\FM\23OCN1.SGM 23OCN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices Commission’s reports. Specifically, Truth Initiative recommended that the Commission: (1) Collect information regarding heated tobacco products with its cigarette Orders; (2) collect information regarding low nicotine cigarettes; (3) reinstate previously asked questions requesting lists of new and discontinued cigarette products; (4) collect information regarding nicotine pouches and lozenges that do not contain tobacco; (5) collect information regarding the flavors of smokeless tobacco products; (6) clarify that streaming shows are included in questions about product placement; (7) define ‘‘youth’’ as persons younger than 18 years of age and ‘‘underage’’ as persons younger than 21 years of age. Id. at 2–6. The Commission agrees that heated, non-combusted tobacco products are an important emerging segment of the tobacco market. The Commission plans to monitor these products and will consider whether and how best to collect information about these products when the market has further developed to make such information collection warranted. As for Truth Initiative’s suggestion that the Commission collect information regarding low-nicotine cigarette products, none of the current recipients of the cigarette Orders sell such products. The Commission’s Cigarette Reports focus on the largest cigarette manufacturers and do not attempt to present a complete picture of the cigarette market. There are numerous smaller manufacturers and importers of cigarettes to which the Commission does not direct its cigarette Orders. The Commission does not intend, at this time, to seek information specifically regarding low nicotine cigarettes or to direct an Order to the one company that has expressed an intention in marketing such products. In 2017, the Commission determined that it no longer needed lists of cigarettes first sold or discontinued in a calendar year and it does not see a sufficient basis to revisit that decision. As the Truth Initiative notes, nicotine pouches and lozenges are currently being marketed by some of the major smokeless tobacco companies, and are an important emerging segment of the tobacco market. Id. at 4. The Commission will add a question to its smokeless tobacco Orders about total unit and dollar sales of these products to help the agency assess whether collection of more complete information about such products would be warranted. Given the information presented by the Truth Initiative regarding the VerDate Sep<11>2014 18:09 Oct 22, 2020 Jkt 253001 popularity of flavored smokeless tobacco, especially among youth (id. at 4), and the Commission’s collection of flavor information regarding cigarettes (and recently e-cigarettes), the Commission will modify its smokeless tobacco 6(b) Orders to seek information regarding the flavors of smokeless tobacco products. The Commission believes that its product placement questions that ask about ‘‘motion picture(s)’’ and ‘‘television show(s)’’ cover ‘‘original shows streamed via the internet.’’ On the other hand, the Commission sees no harm in clarifying that is the case and intends to do so. The Truth Initiative correctly points out that the federal minimum age to purchase tobacco is now 21. Id. at 6. The Commission will use the term ‘‘underage persons’’ in lieu of ‘‘youth’’ in its 6(b) Orders and define ‘‘underage persons’’ as persons younger than 21 years of age. IV. Altria Altria stated that the Commission should no longer collect any information from cigarette and smokeless tobacco manufacturers ‘‘due to the Food and Drug Administration’s . . . extensive, active regulatory authority over tobacco products under the Family Smoking Prevention and Tobacco Control Act.’’ Altria at 1. Because FDA has the authority to require tobacco product manufacturers to submit additional information to promulgate additional regulations regarding advertising and promotion of tobacco products, Altria calls the Commission’s collections ‘‘superfluous’’ and unnecessary ‘‘burdens.’’ Id. at 2. Altria also contends that ‘‘responding to FTC’s collection requests requires several full-time employees (across multiple departments and operating companies) to spend weeks compiling data, revising reports, and reviewing ledgers before preparing for submission to FTC’’ and that this effort takes ‘‘far longer than 180 hours’’ estimated by the Commission as the ‘‘average annual burden on manufacturers.’’ Id. at 2. The FTC staff and FDA staff have a long tradition of working together on the many areas where the two agencies share jurisdiction. However, since the FDA is not collecting cigarette or smokeless tobacco sales and marketing expenditure data like that required by the Commission’s 6(b) Orders, there is no overlap or duplication with respect to such data. The Commission intends to continue collecting cigarette and smokeless tobacco sales and marketing expenditure data. To the extent that in the future FDA duplicates the FTC’s PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 67543 data collection, the FTC can modify or cease its collection. Altria contends that the Commission underestimates its burden in responding to the FTC’s information collection and that its burden is ‘‘far longer than 180 hours.’’ The Commission’s burden estimate of 180 hours was an average for the nine largest recipients of the Commission’s information request. The recipients vary greatly in size, in the number of products that they sell, and in the extent and variety of their advertising and promotion. Our burden estimate clearly stated that the very largest recipients might require hundreds of hours. Altria, which owns Philip Morris USA and the U.S. Smokeless Tobacco Co., says on its website that its ‘‘tobacco companies . . . have been the undisputed market leaders in the U.S. tobacco industry for decades.’’ 3 Altria’s comment is consistent with the number of hours that its Philip Morris subsidiary previously told FTC staff that it spent complying with the Commission’s cigarette Order. All the other tobacco companies that responded to the FTC staff’s latest inquiries reported spending substantially fewer hours. We also note that Altria is the recipient of two 6(b) Orders, one for cigarettes and one for smokeless tobacco. To err on the side of caution, the Commission will increase its burden estimate from 1,980 hours to 2,940 hours. Burden Statement Estimated Annual Burden: 2,940 hours.4 Estimated Number of Respondents: 15 6(b) recipients (maximum).5 3 See www.altria.com/aboutaltria?src=megaspotlight. 4 The Commission intends to use this PRA clearance renewal to collect information from the companies concerning their marketing and sales activities for the years 2021, 2022, and 2023. The Commission expects to issue compulsory process orders seeking this information annually, but it is possible that orders might not be issued in any given year and that orders seeking information for two years would be issued the next year. The figures set forth in this notice for the estimated hours and labor costs associated with this information collection represent average annual burden over the course of the prospective PRA clearance. 5 Since three and possibly more of these 6(b) recipients are parent companies that have separately incorporated subsidiaries or affiliates that the FTC anticipates or expects that the parent companies will transmit the collection instrument to and seek information from, the proposal to send up to 15 6(b) Orders could equate to 20 ‘‘persons’’ under the PRA. See 5 CFR 1320.3(c)(4) (‘‘[ten or more persons] . . . refers to the persons to whom a collection of information is addressed by the agency within any 12-month period, and to any independent entities to which the initial addressee may reasonably be expected to transmit the E:\FR\FM\23OCN1.SGM Continued 23OCN1 67544 Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices These estimates include any time spent by separately incorporated subsidiaries and other entities affiliated with the ultimate parent companies that receive the information requests. Estimated Average Burden per Year Per Request: 196 hours. (a) Information requests to the four largest recipients 6 of the Commission’s information request, at a per request average each year of 400 hours = 2,400 hours, cumulatively, per year; and (b) Information requests to nine additional respondents, of smaller size, at a per request average each year of 60 hours = 540 hours, cumulatively, per year. Estimated Annual Labor Cost: $294,000. Estimated Capital or Other Non-Labor Cost: de minimis. Request for Comment Your comment—including your name and your state—will be placed on the public record of this proceeding. 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, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by 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)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Josephine Liu, Assistant General Counsel for Legal Counsel. khammond on DSKJM1Z7X2PROD with NOTICES [FR Doc. 2020–23515 Filed 10–22–20; 8:45 am] BILLING CODE 6750–01–P collection of information during that period, including . . . separately incorporated subsidiaries or affiliates.’’). 6 There are two tobacco companies that receive both a cigarette Order and a smokeless tobacco Order. Thus, this would equate to six requests for burden analysis. VerDate Sep<11>2014 18:09 Oct 22, 2020 Jkt 253001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day–21–0728; Docket No. CDC–2020– 0096] 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 effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled National Notifiable Diseases Surveillance System—Revision—Center for Surveillance, Epidemiology and Laboratory Services (CSELS), Centers for Disease Control and Prevention (CDC). The purpose of this data collection is to provide the official source of statistics in the United States for nationally notifiable conditions. Data will be used to monitor the occurrence and spread of nationally notifiable conditions. Data will be gathered through electronic submissions of case notifications to CDC from public health departments from 50 states, New York City, Washington DC, five U.S. territories, and three freely associated states. DATES: CDC must receive written comments on or before December 22, 2020. ADDRESSES: You may submit comments, identified by Docket No. CDC–2020– 0096 by any of the following methods: • Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments. • Mail: Jeffrey M. Zirger, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS–D74, Atlanta, Georgia 30329. Instructions: All submissions received must include the agency name and Docket Number. CDC will post, without change, all relevant comments to Regulations.gov. Please note: Submit all comments through the Federal eRulemaking portal (regulations.gov) or by U.S. mail to the address listed above. SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact Jeffrey M. Zirger, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS– D74, Atlanta, Georgia 30329; phone: 404–639–7118; Email: omb@cdc.gov. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to the OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below. The OMB is particularly interested in comments that will help: 1. Evaluate 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. Evaluate 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. Enhance the quality, utility, and clarity of the information to be collected; and 4. 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 submissions of responses. 5. Assess information collection costs. FOR FURTHER INFORMATION CONTACT: Proposed Project National Notifiable Diseases Surveillance System (OMB Control No. 0920–0728, Exp. 04/30/2023)— Revision—Center for Surveillance, Epidemiology and Laboratory Services (CSELS), Centers for Disease Control and Prevention (CDC). Background and Brief Description The Public Health Services Act (42 U.S.C. 241) authorizes CDC to E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67541-67544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23515]


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FEDERAL TRADE COMMISSION


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

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

ACTION: Notice.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (``OMB'') for 
review, as required by the Paperwork Reduction Act (``PRA''). The FTC 
seeks public comments on proposed information requests sent pursuant to 
compulsory process to a combined ten or more of the largest domestic 
cigarette manufacturers and smokeless tobacco manufacturers. The 
information sought would include, among other things, data on annual 
sales and marketing expenditures. The current FTC clearance from the 
Office of Management and Budget (``OMB'') to conduct such information 
collection expires December 31, 2020. The Commission intends to ask OMB 
for

[[Page 67542]]

renewed three-year clearance to collect this information.

DATES: Comments on the proposed information requests must be received 
on or before November 23, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. The 
reginfo.gov web link is a United States Government website produced by 
OMB and the General Services Administration (GSA). Under PRA 
requirements, OMB's Office of Information and Regulatory Affairs (OIRA) 
reviews Federal information collections.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the proposed collection of information should be addressed to 
Michael Ostheimer, Division of Advertising Practices, Bureau of 
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 
NW, Mailstop CC-10507, Washington, DC 20580, (202) 326-2699.

SUPPLEMENTARY INFORMATION:
    Title: FTC Cigarette and Smokeless Tobacco Data Collection.
    OMB Control Number: 3084-0134.
    Type of Review: Extension of a currently approved collection.
    On June 25, 2020, the FTC sought public comment on the information 
collection requirements associated with the Cigarette and Smokeless 
Tobacco Data Collection. 85 FR 38139. Four germane comments were 
received. Pursuant to the OMB regulations, 5 CFR part 1320, that 
implement the PRA, 44 U.S.C. 3501 et seq., the FTC is providing this 
second opportunity for public comment while seeking OMB approval to 
renew the pre-existing clearance for the Cigarette and Smokeless 
Tobacco Data Collection.
    In response to the June 25, 2020 Notice, the Commission received 
comments from the Campaign for Tobacco-Free Kids (``CTFK''), the 
American Lung Association (``ALA''), Truth Initiative, and Altria 
Client Services (``Altria'').

I. CTFK

    The CTFK comment specifically noted the utility and importance of 
the Commission's Cigarette and Smokeless Tobacco Reports, and urged the 
agency to continue collecting and reporting industry sales and 
marketing expenditure data, which CTFK stated provide ``critical data 
to researchers, policymakers, advocates and the general public.'' CTFK 
additionally observed:

    The FTC is currently the only public source for data on 
cigarette and smokeless tobacco companies' marketing and promotional 
expenditures. No other agency collects and publishes such 
information directly from the companies, making the FTC reports the 
most accurate and reliable assessment of tobacco marketing and 
promotion expenditures available.

    CTFK at 1. CTFK, however, suggested certain modifications to the 
Commission's reports. Specifically, CTFK recommended that the 
Commission: (1) Clarify in which category coupons that consumers obtain 
online are to be counted; (2) report data on a company-specific or 
brand-specific basis, rather than on a fully-aggregated basis; (3) 
require manufacturers to report expenditures related to corporate 
sponsorships and advertisements; and (4) publish reports within one 
year of data collection. Id. at 2. CTFK also requested that the FTC 
extend its data collection to include electronic cigarettes (``e-
cigarettes'') and cigars.\1\
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    \1\ Two other commenters, ALA and Truth Initiative, made the 
same suggestion. The collection of data regarding e-cigarettes or 
cigars is beyond the scope of this proposed collection. Note though 
that the FTC has a separate ongoing study on e-cigarettes. See FTC 
Press Release, FTC to Study E-Cigarette Manufacturers' Sales, 
Advertising, and Promotional Methods (Oct. 3, 2019), https://www.ftc.gov/news-events/press-releases/2019/10/ftc-study-e-cigarette-manufacturers-sales-advertising-promotional.
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    The Commission's proposed Orders clarify that expenditures on 
coupons delivered online should be reported together with coupons 
delivered by other means. The full impact of couponing by the major 
cigarette and smokeless tobacco manufacturers can only be seen if 
expenditures for all coupons are reported together, regardless of how 
those coupons are delivered to consumers.
    Regarding CTFK's suggestion that data be reported on other than a 
fully-aggregated, nationwide basis, the cigarette and smokeless tobacco 
companies assert that those data are confidential and, as CTFK 
acknowledges, the Commission cannot publicly release trade secrets or 
certain commercial or financial information. Id. at 2, n.2.
    The Commission has for a number of years required the recipients of 
its 6(b) Orders to report certain expenditures related to corporate 
sponsorships and advertisements made in the name of the company, rather 
than any of its brands.\2\ The Commission has not included those data 
in its Cigarette and Smokeless Tobacco Reports, and has therefore 
decided to cease collecting this information.
---------------------------------------------------------------------------

    \2\ Both the cigarette and smokeless tobacco Orders required the 
recipients to report expenditures on ``public entertainment events 
(including, but not limited to, concerts and sporting events) 
bearing or otherwise displaying the name of the Company or any 
variation thereof but not bearing or otherwise displaying the name, 
logo, or an image of any portion of the package'' of any of its 
cigarettes or smokeless tobacco products, or otherwise referring to 
those products.
---------------------------------------------------------------------------

    Regarding CTFK's suggestion to publish reports within one year of 
data collection, the Commission always strives to publish the Cigarette 
and Smokeless Tobacco Reports as quickly as possible. It takes the 
recipients of its 6(b) Orders time to submit their reports and they may 
request extensions, such as this year due to the COVID-19 pandemic. 
After reviewing the resulting reports, staff often has to go back to 
one or more of the 6(b) Order recipients for clarifications and 
corrections. The data also requires analysis, and the reports require 
writing and review and approval at multiple levels. The Commission does 
in fact usually publish the Cigarette and Smokeless Tobacco Reports 
well within a year of when the data is first submitted.

II. ALA

    The ALA comment stated that the Commission's Cigarette and 
Smokeless Tobacco Reports provide ``valuable information on cigarette 
and smokeless tobacco products sales and marketing that is used on an 
ongoing basis in the Lung Association's education and public policy 
activities related to preventing and reducing tobacco use.'' ALA at 1. 
ALA additionally observed:

    These data are also important for public health officials and 
other organizations working to reduce the terrible burden caused by 
tobacco. By understanding how much tobacco companies spend on 
marketing and the distribution channels they use, it allows public 
health officials to determine where and how best to deliver tobacco 
prevention and cessation messages.

Id.

III. Truth Initiative

    Truth Initiative's comment stressed the critical importance and 
utility of the Cigarette and Smokeless Tobacco reports. Truth 
Initiative at 1. It said that the reports provide information that is 
not available elsewhere and is not duplicative of other data 
collections. Id. Truth Initiative believes the reports often provide 
the basis for strong public health policies with regard to tobacco use 
and marketing and such policies save lives. Id.
    Truth Initiative, however, suggested certain modifications to the

[[Page 67543]]

Commission's reports. Specifically, Truth Initiative recommended that 
the Commission: (1) Collect information regarding heated tobacco 
products with its cigarette Orders; (2) collect information regarding 
low nicotine cigarettes; (3) reinstate previously asked questions 
requesting lists of new and discontinued cigarette products; (4) 
collect information regarding nicotine pouches and lozenges that do not 
contain tobacco; (5) collect information regarding the flavors of 
smokeless tobacco products; (6) clarify that streaming shows are 
included in questions about product placement; (7) define ``youth'' as 
persons younger than 18 years of age and ``underage'' as persons 
younger than 21 years of age. Id. at 2-6.
    The Commission agrees that heated, non-combusted tobacco products 
are an important emerging segment of the tobacco market. The Commission 
plans to monitor these products and will consider whether and how best 
to collect information about these products when the market has further 
developed to make such information collection warranted.
    As for Truth Initiative's suggestion that the Commission collect 
information regarding low-nicotine cigarette products, none of the 
current recipients of the cigarette Orders sell such products. The 
Commission's Cigarette Reports focus on the largest cigarette 
manufacturers and do not attempt to present a complete picture of the 
cigarette market. There are numerous smaller manufacturers and 
importers of cigarettes to which the Commission does not direct its 
cigarette Orders. The Commission does not intend, at this time, to seek 
information specifically regarding low nicotine cigarettes or to direct 
an Order to the one company that has expressed an intention in 
marketing such products.
    In 2017, the Commission determined that it no longer needed lists 
of cigarettes first sold or discontinued in a calendar year and it does 
not see a sufficient basis to revisit that decision.
    As the Truth Initiative notes, nicotine pouches and lozenges are 
currently being marketed by some of the major smokeless tobacco 
companies, and are an important emerging segment of the tobacco market. 
Id. at 4. The Commission will add a question to its smokeless tobacco 
Orders about total unit and dollar sales of these products to help the 
agency assess whether collection of more complete information about 
such products would be warranted.
    Given the information presented by the Truth Initiative regarding 
the popularity of flavored smokeless tobacco, especially among youth 
(id. at 4), and the Commission's collection of flavor information 
regarding cigarettes (and recently e-cigarettes), the Commission will 
modify its smokeless tobacco 6(b) Orders to seek information regarding 
the flavors of smokeless tobacco products.
    The Commission believes that its product placement questions that 
ask about ``motion picture(s)'' and ``television show(s)'' cover 
``original shows streamed via the internet.'' On the other hand, the 
Commission sees no harm in clarifying that is the case and intends to 
do so.
    The Truth Initiative correctly points out that the federal minimum 
age to purchase tobacco is now 21. Id. at 6. The Commission will use 
the term ``underage persons'' in lieu of ``youth'' in its 6(b) Orders 
and define ``underage persons'' as persons younger than 21 years of 
age.

IV. Altria

    Altria stated that the Commission should no longer collect any 
information from cigarette and smokeless tobacco manufacturers ``due to 
the Food and Drug Administration's . . . extensive, active regulatory 
authority over tobacco products under the Family Smoking Prevention and 
Tobacco Control Act.'' Altria at 1. Because FDA has the authority to 
require tobacco product manufacturers to submit additional information 
to promulgate additional regulations regarding advertising and 
promotion of tobacco products, Altria calls the Commission's 
collections ``superfluous'' and unnecessary ``burdens.'' Id. at 2. 
Altria also contends that ``responding to FTC's collection requests 
requires several full-time employees (across multiple departments and 
operating companies) to spend weeks compiling data, revising reports, 
and reviewing ledgers before preparing for submission to FTC'' and that 
this effort takes ``far longer than 180 hours'' estimated by the 
Commission as the ``average annual burden on manufacturers.'' Id. at 2.
    The FTC staff and FDA staff have a long tradition of working 
together on the many areas where the two agencies share jurisdiction. 
However, since the FDA is not collecting cigarette or smokeless tobacco 
sales and marketing expenditure data like that required by the 
Commission's 6(b) Orders, there is no overlap or duplication with 
respect to such data. The Commission intends to continue collecting 
cigarette and smokeless tobacco sales and marketing expenditure data. 
To the extent that in the future FDA duplicates the FTC's data 
collection, the FTC can modify or cease its collection.
    Altria contends that the Commission underestimates its burden in 
responding to the FTC's information collection and that its burden is 
``far longer than 180 hours.'' The Commission's burden estimate of 180 
hours was an average for the nine largest recipients of the 
Commission's information request. The recipients vary greatly in size, 
in the number of products that they sell, and in the extent and variety 
of their advertising and promotion. Our burden estimate clearly stated 
that the very largest recipients might require hundreds of hours. 
Altria, which owns Philip Morris USA and the U.S. Smokeless Tobacco 
Co., says on its website that its ``tobacco companies . . . have been 
the undisputed market leaders in the U.S. tobacco industry for 
decades.'' \3\ Altria's comment is consistent with the number of hours 
that its Philip Morris subsidiary previously told FTC staff that it 
spent complying with the Commission's cigarette Order. All the other 
tobacco companies that responded to the FTC staff's latest inquiries 
reported spending substantially fewer hours. We also note that Altria 
is the recipient of two 6(b) Orders, one for cigarettes and one for 
smokeless tobacco. To err on the side of caution, the Commission will 
increase its burden estimate from 1,980 hours to 2,940 hours.
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    \3\ See www.altria.com/about-altria?src=megaspotlight.
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Burden Statement

    Estimated Annual Burden: 2,940 hours.\4\
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    \4\ The Commission intends to use this PRA clearance renewal to 
collect information from the companies concerning their marketing 
and sales activities for the years 2021, 2022, and 2023. The 
Commission expects to issue compulsory process orders seeking this 
information annually, but it is possible that orders might not be 
issued in any given year and that orders seeking information for two 
years would be issued the next year. The figures set forth in this 
notice for the estimated hours and labor costs associated with this 
information collection represent average annual burden over the 
course of the prospective PRA clearance.
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    Estimated Number of Respondents: 15 6(b) recipients (maximum).\5\
---------------------------------------------------------------------------

    \5\ Since three and possibly more of these 6(b) recipients are 
parent companies that have separately incorporated subsidiaries or 
affiliates that the FTC anticipates or expects that the parent 
companies will transmit the collection instrument to and seek 
information from, the proposal to send up to 15 6(b) Orders could 
equate to 20 ``persons'' under the PRA. See 5 CFR 1320.3(c)(4) 
(``[ten or more persons] . . . refers to the persons to whom a 
collection of information is addressed by the agency within any 12-
month period, and to any independent entities to which the initial 
addressee may reasonably be expected to transmit the collection of 
information during that period, including . . . separately 
incorporated subsidiaries or affiliates.'').

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[[Page 67544]]

    These estimates include any time spent by separately incorporated 
subsidiaries and other entities affiliated with the ultimate parent 
companies that receive the information requests.
    Estimated Average Burden per Year Per Request: 196 hours.
    (a) Information requests to the four largest recipients \6\ of the 
Commission's information request, at a per request average each year of 
400 hours = 2,400 hours, cumulatively, per year; and
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    \6\ There are two tobacco companies that receive both a 
cigarette Order and a smokeless tobacco Order. Thus, this would 
equate to six requests for burden analysis.
---------------------------------------------------------------------------

    (b) Information requests to nine additional respondents, of smaller 
size, at a per request average each year of 60 hours = 540 hours, 
cumulatively, per year.
    Estimated Annual Labor Cost: $294,000.
    Estimated Capital or Other Non-Labor Cost: de minimis.
Request for Comment
    Your comment--including your name and your state--will be placed on 
the public record of this proceeding. 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, your 
comment should not include any ``trade secret or any commercial or 
financial information which . . . is privileged or confidential''--as 
provided by 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)--including in particular competitively 
sensitive information such as costs, sales statistics, inventories, 
formulas, patterns, devices, manufacturing processes, or customer 
names.

Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2020-23515 Filed 10-22-20; 8:45 am]
BILLING CODE 6750-01-P