Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 59925-59927 [2023-18766]
Download as PDF
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
compliance with third-party disclosure
requirements, based on 3,360 hours
(3,360 hours × $19.02 per hour for
clerical personnel); and $2,354,159.78
for disclosure compliance by installers,
new home sellers, and retailers (97,199
hours × $24.22 per hour for sales
persons).2
There are no significant current
capital or other non-labor costs
associated with this Rule. Because the
Rule has been in effect since 1980,
members of the industry are familiar
with its requirements and already have
in place the equipment for conducting
tests and storing records. New products
are introduced infrequently. Because the
required disclosures are placed on
packaging or on the product itself, the
Rule’s additional disclosure
requirements do not cause industry
members to incur any significant
additional non-labor associated costs.
lotter on DSK11XQN23PROD with NOTICES1
Request for Comment
Pursuant to Section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) whether the disclosure and
recordkeeping requirements are
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.
For the FTC to consider a comment,
we must receive it on or before October
30, 2023. Your comment, including your
name and your state, will be placed on
the public record of this proceeding,
including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
encourage you to submit your comments
online through the https://
www.regulations.gov website.
If you file your comment on paper,
write ‘‘R-value Rule; PRA Comment:
FTC File No. P072108,’’ on your
comment and on the envelope, and mail
it to the following address: Federal
Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
2 The wage rates for skilled technical personnel
(engineering technologists and technicians, except
drafters), clerical personnel (file clerks), and sales
persons (sales and related occupations) are based on
are based on recent data from the Bureau of Labor
Statistics Occupational Employment Statistics
Survey. See U.S. Bureau of Labor Statistics, Table
1. National Employment and Wage Data from the
Occupational Employment and Wage Statistics
Survey by Occupation (May 2022), https://
www.bls.gov/news.release/ocwage.t01.htm.
VerDate Sep<11>2014
17:31 Aug 29, 2023
Jkt 259001
NW, Suite CC–5610 (Annex J),
Washington, DC 20580.
Because your comment will become
publicly available at https://
www.regulations.gov, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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.
Comments containing material for
which confidential treatment is
requested must (1) be filed in paper
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) comply with
FTC Rule 4.9(c). In particular, the
written request for confidential
treatment that accompanies the
comment must include the factual and
legal basis for the request and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted publicly at
www.regulations.gov, we cannot redact
or remove your comment unless you
submit a confidentiality request that
meets the requirements for such
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before October 30, 2023. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
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59925
https://www.ftc.gov/site-information/
privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023–18767 Filed 8–29–23; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is seeking public comments on its
proposal to extend for an additional
three years the current Paperwork
Reduction Act (‘‘PRA’’) clearance for
information collection requirements
contained in the Fair Packaging and
Labeling Act regulations (‘‘FPLA
Rules’’). That clearance expires on
March 31, 2024.
DATES: Comments must be filed by
October 30, 2023.
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 ‘‘FPLA Rules, PRA
Comment, P074200’’ on your comment,
and file your comment online at https://
www.regulations.gov 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.
FOR FURTHER INFORMATION CONTACT: Jock
Chung, Attorney, Division of
Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
Room CC–9543, 600 Pennsylvania
Avenue NW, Washington, DC 20580,
(202) 326–2984.
SUPPLEMENTARY INFORMATION:
Title of Collection: Regulations Under
Section 4 of the Fair Packaging and
Labeling Act (FPLA), 16 CFR parts 500–
503.
OMB Control Number: 3084–0110.
Type of Review: Extension without
change of currently approved collection.
Abstract: The Fair Packaging and
Labeling Act, 15 U.S.C. 1451 et seq., was
enacted to enable consumers to obtain
accurate package quantity information
to facilitate value comparisons and
prevent unfair or deceptive packaging
SUMMARY:
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
and labeling of consumer commodities.
Section 4 of the FPLA requires packages
or labels to be marked with: (1) A
statement of identity; (2) a net quantity
of contents disclosure; and (3) the name
and place of business of the company
responsible for the product. The FPLA
regulations, 16 CFR parts 500–503,
specify how manufacturers, packagers,
and distributors of ‘‘consumer
commodities’’ must comply with the
Act’s labeling requirements.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
7,436,580.
Estimated Annual Labor Costs:
$188,799,893.
Estimated Annual Non-Labor Costs:
$0.
As required by section 3506(c)(2)(A)
of the PRA, 44 U.S.C. 3506(c)(2)(A), the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing clearance for
the information collection requirements
contained in the FPLA Rules.
lotter on DSK11XQN23PROD with NOTICES1
Burden Estimates
Estimated Number of Respondents:
743,658.
FTC staff estimates there are
approximately 743,658 retailers,
wholesalers, and manufacturers that sell
consumer commodities that are subject
to the FPLA Rules’ labeling
requirements.1
Burden Hours: 7,436,580 hours.
FTC staff estimates that covered
entities spend approximately 10 hours
1 FTC staff based this estimate on a combination
of U.S. Census Bureau (‘‘Census’’) data and
information from the North American Industry
Classification System (‘‘NAICS’’). FTC staff
identified categories of retailers, wholesalers, and
manufacturers under its jurisdiction that supply
consumer commodities as defined in the FPLA
Rules. FTC staff estimated the number of retailers
(317,973) based on 2021 Census data compiling
NAICS subsector codes 445, 452, and 453,
respectively, for food and beverage stores, general
merchandise stores, and miscellaneous store
retailers. See https://data.census.gov/
table?n=445:452:453&tid=CBP2021.CB2100CBP
&nkd=EMPSZES∼001,LFO∼001. FTC staff estimated
the number of wholesalers (354,180) using 2021
Census data concerning the number of firms
covered by NAICS subset code 42 for merchant
wholesalers, except manufacturers’ sales branches
and offices (NAICS subsector code 425). See https://
data.census.gov/table?n=42
&tid=CBP2021.CB2100CBP&nkd=EMPSZES∼
001,LFO∼001 (reflecting that NAICS subset code 42
covers 390,842 entities); https://data.census.gov/
table?n=425&tid=CBP2021.CB2100CBP&
nkd=EMPSZES∼001,LFO∼001 (reflecting that
NAICS subsector code 425 covers 36,662 entities).
FTC staff estimated the number of covered
manufacturers (71,505) by compiling the estimated
number of manufacturing entities covered by
NAICS codes 321999, 322220, 322299, 324191,
324199, 325520, 3256, 325992, 325998, 326111,
326130, 326140, 326199, 327910, 331315, 339999.
See https://www.naics.com/six-digit-naics/
?v=2022&code=31-33.
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17:31 Aug 29, 2023
Jkt 259001
per year to comply with the FPLA
Rule’s labeling requirements. As a
result, the FTC estimates that the total
burden hours attributable to FTC
requirements is 7,436,580 hours
(743,658 respondents × 10 hours).
Labor Costs: $188,799,893.
FTC staff derives labor costs by
applying estimated hourly cost figures
to the burden hours described above.
Commission staff estimates the hours
spent to comply with the FPLA Rules’
labeling requirements will break down
as follows: 1 hour of managerial and/or
professional time per covered entity, at
an hourly wage of $59.07,2 2 hours of
graphic design support, at an hourly
wage of $31.01,3 7 hours of clerical time
per covered entity, at an hourly wage of
$18.97,4 for a total of $188,799,893 5
($253.88 blended labor cost per covered
entity × 743,658 entities).
Capital/Non-Labor Costs: $0.
Commission staff believes that the
FPLA Rules impose negligible capital or
other non-labor costs, as the affected
entities are likely to have the necessary
supplies and/or equipment already (e.g.,
offices and computers) for the
information collections discussed
above.
Request for Comment
Pursuant to Section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) whether the disclosure and
recordkeeping requirements are
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.
For the FTC to consider a comment,
we must receive it on or before October
30, 2023. Your comment, including your
name and your state, will be placed on
the public record of this proceeding,
including the https://
www.regulations.gov website.
2 Based on the mean hourly wage rate for
‘‘General and Operations Managers’’ ($59.07),
available from Bureau of Labor Statistics, Economic
News Release, April 25, 2023, Table 1, ‘‘National
employment and wage data from the Occupational
Employment Statistics survey by occupation, May
2022’’ (‘‘BLS Table 1’’), available at https://
www.bls.gov/news.release/ocwage.htm.
3 This wage estimate consists of work time for
graphic designers who design the appearance and
layout of product packaging, including the
appropriate display of the disclosures required by
the FPLA Rules. The corresponding wage estimate
is based on mean hourly wages for ‘‘Graphic
designers’’ ($31.01). See BLS Table 1.
4 See id. The clerical wage estimate is based on
the mean hourly wages for ‘‘data entry and
information processing workers’’ ($18.97).
5 Rounded from $188,799,893.04.
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Fmt 4703
Sfmt 4703
You can file a comment online or on
paper. Due to heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
encourage you to submit your comments
online through the https://
www.regulations.gov website.
If you file your comment on paper,
write ‘‘FPLA Rules, PRA Comment,
P074200’’ 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.
Because your comment will become
publicly available at https://
www.regulations.gov, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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.
Comments containing material for
which confidential treatment is
requested must (1) be filed in paper
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) comply with
FTC Rule 4.9(c). In particular, the
written request for confidential
treatment that accompanies the
comment must include the factual and
legal basis for the request and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted publicly at
www.regulations.gov, we cannot redact
or remove your comment unless you
submit a confidentiality request that
meets the requirements for such
E:\FR\FM\30AUN1.SGM
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before October 30, 2023. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/site-information/
privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023–18766 Filed 8–29–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Toxic Substances and
Disease Registry
[Docket No. ATSDR–2023–0004]
Availability of Five Draft Toxicological
Profiles and One Draft Interaction
Profile
Agency for Toxic Substances
and Disease Registry (ATSDR),
Department of Health and Human
Services (HHS).
ACTION: Notice with comment period.
AGENCY:
The Agency for Toxic
Substances and Disease Registry
(ATSDR), within the Department of
Health and Human Services (HHS),
announces the opening of a docket to
obtain comments on drafts of five
updated toxicological profiles, and one
draft interaction profile: Creosote,
Nickel, 1,2-Dichloroethene, Vinyl
acetate, Acrylonitrile, and the
Interaction Profile for Selected Metallic
Ions. This action is necessary as this is
the opportunity for members of the
public and organizations to submit
comments on drafts of the profiles. The
intended effect of this action is to
ensure that the public can note any
pertinent additional information or
reports on studies about the health
effects of these six profiles for review.
DATES: Written comments must be
received on or before November 28,
2023.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
You may submit comments,
identified by Docket No. ATSDR–2023–
0004 by either of the methods listed
below. Do not submit comments by
email. ATSDR does not accept
comments by email.
ADDRESSES:
VerDate Sep<11>2014
17:31 Aug 29, 2023
Jkt 259001
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Agency for Toxic Substances
and Disease Registry, Office of
Innovation and Analytics, 4770 Buford
Highway, Mail Stop S106–5, Atlanta,
GA 30341–3717. Attn: Docket No.
ATSDR–2023–0004.
Instructions: All submissions received
must include the agency name and
Docket Number. All relevant comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided. For
access to the docket to read background
documents or comments received, go to
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Farhana Rahman, Agency for Toxic
Substances and Disease Registry, Office
of Innovation and Analytics, 1600
Clifton Rd. NE, Mail Stop S106–5,
Atlanta, GA 30329–4027; Email:
ATSDRToxProfileFRNs@cdc.gov; Phone:
1–800–232–4636.
SUPPLEMENTARY INFORMATION: ATSDR
has prepared drafts of five updated
toxicological profiles and one
interaction profile based on current
understanding of the health effects and
availability of new studies and other
information since their initial release.
All toxicological profiles issued as
‘‘Drafts for Public Comment’’ represent
the result of ATSDR’s evidence-based
evaluations to provide important
toxicological information on priority
hazardous substances to the public and
health professionals. ATSDR considers
key studies for these substances during
the profile development process, using
a systematic review approach. To that
end, ATSDR is seeking public
comments and additional information or
reports on studies about the health
effects of these substances for review
and potential inclusion in the profiles.
ATSDR will evaluate the quality and
relevance of such data or studies for
possible inclusion in the profile.
Legislative Background
The Superfund Amendments and
Reauthorization Act of 1986 (SARA) [42
U.S.C. 9601 et seq.] amended the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA or Superfund) [42
U.S.C. 9601 et seq.] by establishing
certain requirements for ATSDR and the
U.S. Environmental Protection Agency
(EPA) regarding the hazardous
substances most commonly found at
facilities on the CERCLA National
Priorities List. Among these statutory
requirements is a mandate for the
Administrator of ATSDR to prepare
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59927
toxicological profiles for each substance
included on the priority list of
hazardous substances [also called the
Substance Priority List (SPL)]. This list
identifies 275 hazardous substances that
ATSDR has determined pose the most
significant potential threat to human
health. The SPL is available online at
https://www.atsdr.cdc.gov/SPL. ATSDR
is also mandated to revise and publish
updated toxicological profiles, as
necessary, to reflect updated health
effects and other information.
In addition, CERCLA provides ATSDR
with the authority to prepare
toxicological profiles for substances not
found on the SPL. CERCLA authorizes
ATSDR to establish and maintain an
inventory of literature, research, and
studies on the health effects of toxic
substances (CERCLA Section
104(i)(1)(B); 42 U.S.C. 9604(i)(1)(B)); to
respond to requests for health
consultations (CERCLA Section
104(i)(4); 42 U.S.C. 9604(i)(4)); and to
support the site-specific response
actions conducted by the agency
(CERCLA Section 104(i)(6); 42 U.S.C.
9604(i)(6)).
ATSDR has now prepared drafts of
five updated toxicological profiles, and
one interaction profile based on current
understanding of the health effects and
availability of new studies and other
information since their initial release.
Availability
The draft toxicological profiles and
interaction profile are available online
at https://www.regulations.gov, Docket
No. ATSDR–2023–0004 and at https://
www.atsdr.cdc.gov/ToxProfiles.
Public Participation
Interested persons or organizations
are invited to participate by submitting
written views, recommendations, and
data. Please note that comments
received, including attachments and
other supporting materials, are part of
the public record and are subject to
public disclosure. Comments will be
posted on https://www.regulations.gov.
Therefore, do not include any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure. If you include your name,
contact information, or other
information that identifies you in the
body of your comments, that
information will be on public display.
ATSDR will review all submissions and
may choose to redact, or withhold,
submissions containing private or
proprietary information such as Social
Security numbers, medical information,
inappropriate language, or duplicate/
near duplicate examples of a mass-mail
E:\FR\FM\30AUN1.SGM
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Agencies
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59925-59927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18766]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comments on its proposal to extend for an additional
three years the current Paperwork Reduction Act (``PRA'') clearance for
information collection requirements contained in the Fair Packaging and
Labeling Act regulations (``FPLA Rules''). That clearance expires on
March 31, 2024.
DATES: Comments must be filed by October 30, 2023.
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 ``FPLA Rules, PRA
Comment, P074200'' on your comment, and file your comment online at
https://www.regulations.gov 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.
FOR FURTHER INFORMATION CONTACT: Jock Chung, Attorney, Division of
Enforcement, Bureau of Consumer Protection, Federal Trade Commission,
Room CC-9543, 600 Pennsylvania Avenue NW, Washington, DC 20580, (202)
326-2984.
SUPPLEMENTARY INFORMATION:
Title of Collection: Regulations Under Section 4 of the Fair
Packaging and Labeling Act (FPLA), 16 CFR parts 500-503.
OMB Control Number: 3084-0110.
Type of Review: Extension without change of currently approved
collection.
Abstract: The Fair Packaging and Labeling Act, 15 U.S.C. 1451 et
seq., was enacted to enable consumers to obtain accurate package
quantity information to facilitate value comparisons and prevent unfair
or deceptive packaging
[[Page 59926]]
and labeling of consumer commodities. Section 4 of the FPLA requires
packages or labels to be marked with: (1) A statement of identity; (2)
a net quantity of contents disclosure; and (3) the name and place of
business of the company responsible for the product. The FPLA
regulations, 16 CFR parts 500-503, specify how manufacturers,
packagers, and distributors of ``consumer commodities'' must comply
with the Act's labeling requirements.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 7,436,580.
Estimated Annual Labor Costs: $188,799,893.
Estimated Annual Non-Labor Costs: $0.
As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the FPLA Rules.
Burden Estimates
Estimated Number of Respondents: 743,658.
FTC staff estimates there are approximately 743,658 retailers,
wholesalers, and manufacturers that sell consumer commodities that are
subject to the FPLA Rules' labeling requirements.\1\
---------------------------------------------------------------------------
\1\ FTC staff based this estimate on a combination of U.S.
Census Bureau (``Census'') data and information from the North
American Industry Classification System (``NAICS''). FTC staff
identified categories of retailers, wholesalers, and manufacturers
under its jurisdiction that supply consumer commodities as defined
in the FPLA Rules. FTC staff estimated the number of retailers
(317,973) based on 2021 Census data compiling NAICS subsector codes
445, 452, and 453, respectively, for food and beverage stores,
general merchandise stores, and miscellaneous store retailers. See
https://data.census.gov/
table?n=445:452:453&tid=CBP2021.CB2100CBP&nkd=EMPSZES~001,LFO~001.
FTC staff estimated the number of wholesalers (354,180) using 2021
Census data concerning the number of firms covered by NAICS subset
code 42 for merchant wholesalers, except manufacturers' sales
branches and offices (NAICS subsector code 425). See https://
data.census.gov/
table?n=42&tid=CBP2021.CB2100CBP&nkd=EMPSZES~001,LFO~001 (reflecting
that NAICS subset code 42 covers 390,842 entities); https://
data.census.gov/
table?n=425&tid=CBP2021.CB2100CBP&nkd=EMPSZES~001,LFO~001
(reflecting that NAICS subsector code 425 covers 36,662 entities).
FTC staff estimated the number of covered manufacturers (71,505) by
compiling the estimated number of manufacturing entities covered by
NAICS codes 321999, 322220, 322299, 324191, 324199, 325520, 3256,
325992, 325998, 326111, 326130, 326140, 326199, 327910, 331315,
339999. See https://www.naics.com/six-digit-naics/?v=2022&code=31-33.
---------------------------------------------------------------------------
Burden Hours: 7,436,580 hours.
FTC staff estimates that covered entities spend approximately 10
hours per year to comply with the FPLA Rule's labeling requirements. As
a result, the FTC estimates that the total burden hours attributable to
FTC requirements is 7,436,580 hours (743,658 respondents x 10 hours).
Labor Costs: $188,799,893.
FTC staff derives labor costs by applying estimated hourly cost
figures to the burden hours described above. Commission staff estimates
the hours spent to comply with the FPLA Rules' labeling requirements
will break down as follows: 1 hour of managerial and/or professional
time per covered entity, at an hourly wage of $59.07,\2\ 2 hours of
graphic design support, at an hourly wage of $31.01,\3\ 7 hours of
clerical time per covered entity, at an hourly wage of $18.97,\4\ for a
total of $188,799,893 \5\ ($253.88 blended labor cost per covered
entity x 743,658 entities).
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\2\ Based on the mean hourly wage rate for ``General and
Operations Managers'' ($59.07), available from Bureau of Labor
Statistics, Economic News Release, April 25, 2023, Table 1,
``National employment and wage data from the Occupational Employment
Statistics survey by occupation, May 2022'' (``BLS Table 1''),
available at https://www.bls.gov/news.release/ocwage.htm.
\3\ This wage estimate consists of work time for graphic
designers who design the appearance and layout of product packaging,
including the appropriate display of the disclosures required by the
FPLA Rules. The corresponding wage estimate is based on mean hourly
wages for ``Graphic designers'' ($31.01). See BLS Table 1.
\4\ See id. The clerical wage estimate is based on the mean
hourly wages for ``data entry and information processing workers''
($18.97).
\5\ Rounded from $188,799,893.04.
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Capital/Non-Labor Costs: $0.
Commission staff believes that the FPLA Rules impose negligible
capital or other non-labor costs, as the affected entities are likely
to have the necessary supplies and/or equipment already (e.g., offices
and computers) for the information collections discussed above.
Request for Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) whether the disclosure and recordkeeping requirements
are 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.
For the FTC to consider a comment, we must receive it on or before
October 30, 2023. Your comment, including your name and your state,
will be placed on the public record of this proceeding, including the
https://www.regulations.gov website.
You can file a comment online or on paper. Due to heightened
security screening, postal mail addressed to the Commission will be
subject to delay. We encourage you to submit your comments online
through the https://www.regulations.gov website.
If you file your comment on paper, write ``FPLA Rules, PRA Comment,
P074200'' 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.
Because your comment will become publicly available at https://www.regulations.gov, you are solely responsible for making sure that
your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else'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.
Comments containing material for which confidential treatment is
requested must (1) be filed in paper form, (2) be clearly labeled
``Confidential,'' and (3) comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted publicly at www.regulations.gov, we cannot redact or remove
your comment unless you submit a confidentiality request that meets the
requirements for such
[[Page 59927]]
treatment under FTC Rule 4.9(c), and the General Counsel grants that
request.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives on or before October 30,
2023. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023-18766 Filed 8-29-23; 8:45 am]
BILLING CODE 6750-01-P