Agency Information Collection Activities; Proposed Collection; Comment Request; Extension and Modification, 20967-20970 [2024-06350]
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Notices
above instructions for it to be
considered. In addition to submitting in
www.reginfo.gov also send a copy of
your comment on the proposed
information collection to Nicole Ongele,
FCC, via email to PRA@fcc.gov and to
Nicole.Ongele@fcc.gov. Include in the
comments the OMB control number as
shown in the SUPPLEMENTARY
INFORMATION below.
For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) go
to the web page https://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
FOR FURTHER INFORMATION CONTACT:
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SUPPLEMENTARY INFORMATION:
As part of
its continuing effort to reduce
paperwork burdens, as required by the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3520), the FCC invited
the general public and other Federal
Agencies to take this opportunity to
comment on the following information
collection. Comments are requested
concerning: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the FCC seeks specific comment on how
it might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
OMB Control Number: 3060–XXXX.
Title: Safe Connections Act—
Supporting Survivors of Domestic and
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Sexual Violence, WC Docket No. 22–
238, et al.
Form Number: N/A.
Type of Review: New collection.
Respondents: Business or other forprofit entities and individuals or
households.
Number of Respondents and
Responses: 1,650,000 respondents;
1,650,000 responses.
Estimated Time per Response: 1
hour–240 hours.
Frequency of Response: On occasion
reporting requirement; third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for these collections is
contained in 47 U.S.C. 345 of the
Communications Act of 1934.
Total Annual Burden: 3,527,500
hours.
Total Annual Cost: No Cost.
Needs and Uses: The Safe
Connections Act of 2022 (SCA) obligates
the Commission to implement rules
pursuant to Section 4 of the SCA, which
sets forth the requirement that covered
providers separate the mobile phone
telephone lines of domestic violence
survivors (and of those persons in their
care) from a shared mobile service
contract with an abuser within two
business days of a request. To
implement the line separation process,
the Commission establishes this
collection, which requires covered
providers to notify consumers about the
availability of the line separation
process and requires survivors to submit
certain information to covered providers
to request a line separation.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024–06302 Filed 3–25–24; 8:45 am]
FEDERAL DEPOSIT INSURANCE
CORPORATION
Sunshine Act Meetings
11:30 a.m. on Thursday,
March 21, 2024.
PLACE: The meeting was held in the
Board Room located on the sixth floor
of the FDIC Building located at 550 17th
Street NW, Washington, DC.
STATUS: Closed.
MATTERS TO BE CONSIDERED: The Board
of Directors of the Federal Deposit
Insurance Corporation met to consider
matters related to the Corporation’s
supervision, corporate, and resolution
activities. In calling the meeting, the
Board determined, on motion of
TIME AND DATE:
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Director Rohit Chopra (Director,
Consumer Financial Protection Bureau)
seconded by Director Michael J. Hsu
(Acting Comptroller of the Currency),
and concurred in by Chairman Martin J.
Gruenberg, Vice Chairman Travis J. Hill,
and Director Jonathan P. McKernan, that
Corporation business required its
consideration of the matters which were
to be the subject of this meeting on less
than seven days’ notice to the public;
that no earlier notice of the meeting was
practicable; that the public interest did
not require consideration of the matters
in a meeting open to public observation;
and that the matters could be
considered in a closed meeting by
authority of subsections (c)(2), (c)(4),
(c)(6), (c)(8), (c)(9)(A), (c)(9)(B), and
(c)(10) of the ‘‘Government in the
Sunshine Act’’ (5 U.S.C. 552b (c)(2),
(c)(4), (c)(6), (c)(8), (c)(9)(A), (c)(9)(B)
and (c)(10)).
CONTACT PERSON FOR MORE INFORMATION:
Requests for further information
concerning the meeting may be directed
to Debra A. Decker, Executive Secretary
of the Corporation, at 202–898–8748.
Dated this the 21st day of March, 2024.
Federal Deposit Insurance Corporation.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2024–06434 Filed 3–22–24; 11:15 am]
BILLING CODE 6714–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension and
Modification
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
has clearance from the Office of
Management and Budget (‘‘OMB’’) to
send information requests, pursuant to
compulsory process, to a combined ten
or more of the largest cigarette
manufacturers and smokeless tobacco
manufacturers. The information sought
includes, among other things, data on
the manufacturers’ annual sales and
marketing expenditures for cigarettes,
smokeless tobacco products, and
electronic devices used to heat noncombusted cigarettes, and sales of
tobacco-free nicotine lozenges and
pouches. The current OMB clearance
expires on August 31, 2024. The
Commission plans to ask OMB for
renewed three-year clearance to collect
this information, and to modify its
existing clearance to allow for the
SUMMARY:
BILLING CODE 6712–01–P
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Notices
collection of additional information
concerning annual marketing
expenditures for tobacco-free nicotine
lozenges and pouches by smokeless
tobacco manufacturers or related
companies.
Comments must be filed by May
28, 2024.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Tobacco Reports; PRA
Comment: FTC File No. P072108’’ on
your comment, and file your comment
online at https://www.regulations.gov by
following the instructions on the webbased 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.
DATES:
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FOR FURTHER INFORMATION CONTACT:
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: Revision and
extension of currently approved
collection.
Likely Respondents: Parent companies
of the largest cigarette companies and
smokeless tobacco companies.
Estimated Annual Burden Hours:
3,540 disclosure hours.
Estimated Annual Labor Costs:
$407,100.
Abstract: Pursuant to section 6(b) of
the FTC Act, 15 U.S.C. 46(b), the
Commission collects information on
sales and/or marketing of cigarettes,
smokeless tobacco products, tobaccofree nicotine lozenges and pouches, and
electronic devices used to heat noncombusted cigarettes (collectively,
‘‘subject products’’) from manufacturers
of cigarettes and smokeless tobacco
products. Depending on the type of
product a manufacturer produces, the
Commission requests the information
using two different instruments—that is,
a Cigarette Order and a Smokeless
Tobacco Order. The Commission
compiles and publishes the data in two
periodic reports.
Using compulsory process under
section 6(b) of the FTC Act, the
Commission plans to continue sending
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information requests annually to the
ultimate parent companies of the largest
cigarette companies and smokeless
tobacco companies in the United States
(collectively, ‘‘industry members’’). The
information requests will seek data
regarding, among other things: (1) the
cigarette or smokeless tobacco sales of
industry members; (2) how much
industry members spend advertising
and promoting their cigarette or
smokeless tobacco products, and the
specific amounts spent in each of a
number of specified expenditure
categories; (3) whether industry
members are involved in the appearance
of their cigarette or smokeless tobacco
products or brand imagery in television
shows, motion pictures, on the internet,
or on social media; (4) how much
industry members spend on advertising
intended to reduce youth cigarette or
smokeless tobacco usage; (5) the events,
if any, during which industry members’
cigarette or smokeless tobacco brands
are televised; and (6) how much
industry members spend on public
entertainment events promoting their
companies but not specific cigarette or
smokeless tobacco products or such
products generally. The information
requests will also seek information from
the cigarette companies pertaining to
the annual sales, give aways, and
marketing expenditures for electronic
devices used to heat non-combusted
cigarette products.
While, in previous years, the
information requests only sought
information pertaining to the annual
unit and dollar sales of tobacco-free
nicotine lozenges and pouches, the
Commission plans to seek a
modification of its existing clearance in
order to collect information concerning
advertising and promotional
expenditures for tobacco-free nicotine
lozenges and pouches. The need to
collect this information is predicated
upon the fact that sales of tobacco-free
nicotine lozenges and pouches more
than doubled between 2020 and 2022,
and these products appear to be
especially popular with youth.
The current PRA clearance to collect
this information is valid through August
31, 2024 (OMB Control No. 3084–0134).
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 renew the clearance for the PRA
burden associated with the proposed
collection, and the proposed
modification.
Burden Statement
Estimated Annual Burden Hours:
3,540.
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The FTC staff’s estimated hours of
burden is based on the time required
each year to respond to the
Commission’s information requests.
Because the potential recipients of the
information requests vary greatly in
size, the number of products they sell,
and the extent and variety of their
advertising and promotion, FTC staff
distinguishes between the four largest
industry members and smaller industry
members for the purpose of calculating
the estimated annual burden hours. This
burden analysis first discusses the
burden hours that industry members
will incur in providing information on
their sales and marketing expenditures
for cigarettes and smokeless tobacco
products.
Requests for Information on Cigarettes
and Smokeless Tobacco: For the
information requests on the sales and
marketing expenditures for cigarettes
and smokeless tobacco products, the
Commission currently anticipates
sending information requests to the four
largest cigarette companies and the five
largest smokeless tobacco companies
each year. However, in order to take into
account any future industry changes,
the burden estimate is based on up to 15
information requests being issued per
year. The Commission assumes that six
of the 15 information requests will be
issued to the four largest industry
members, and the remaining nine
information requests will be issued to
nine smaller industry members.1
FTC staff estimates that each of the
four largest industry members will
incur, on average, a burden of 400 hours
per response per year, resulting in a
cumulative burden of approximately
2,400 hours per year (6 requests × 400
hours per year). Additionally, FTC staff
estimates that the remaining nine
smaller recipients of the Commission’s
information requests will each incur, on
average, a burden of 60 hours per
request per year, resulting in a
cumulative burden of approximately
540 hours per year (9 requests × 60
hours).
Accordingly, FTC staff estimates that,
for the purpose of providing information
on their sales and marketing for
cigarettes and smokeless tobacco
products industry members will incur a
cumulative burden of approximately
2,940 hours per year (2,400 hours per
year + 540 hours per year).
Requests for Information on TobaccoFree Nicotine Lozenges and Pouches: In
the past, the Commission’s Smokeless
Tobacco Orders have also sought
1 Based on their product variety, two of the four
largest industry members receive both a Cigarette
Order and a Smokeless Tobacco Order.
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information pertaining to the annual
unit and dollar sales of tobacco-free
nicotine lozenges and pouches by the
smokeless tobacco manufacturers or
related companies. The Commission is
proposing to amend its existing OMB
clearance to also collect data on
smokeless tobacco manufacturers’
annual advertising and promotional
expenditures for tobacco-free nicotine
lozenges and pouches. FTC staff
estimates that, as a result of this
modification, the Commission will seek
this information from the five largest
smokeless tobacco manufacturers each
year. However, in order to take into
account any future industry changes,
the burden estimate is based on up to
five additional information requests
being issued per year to smokeless
tobacco companies that sell, or have
related companies that sell, tobacco-free
nicotine lozenges and pouches.
FTC staff estimates that each of the
ten recipients will incur, on average, a
burden of 50 hours per request per year.
Accordingly, FTC staff estimates that,
for the purpose of providing information
on the sales and marketing expenditures
for tobacco-free nicotine lozenges and
pouches, the recipients will incur a
cumulative burden of approximately
500 hours per year (10 requests × 50
hours per year).
Requests for Information on Devices
to Heat Non-Combusted Cigarettes: The
Commission’s Cigarette Orders have
also sought sales and marketing
expenditure information for electronic
devices used to heat non-combusted
cigarettes. At this time, there is no
longer any industry member that sells
such devices in the United States, but
FTC staff anticipates that at least one of
the four largest industry members will
re-enter this market segment over the
next three years. FTC staff assumes that,
as a result of the Commission’s
information requests, it will take any of
the largest cigarette companies that sell
electronic devices used to heat noncombusted cigarettes approximately 25
hours per year to compile the
information on their sales and
marketing expenditures for such
devices, and that as many as four of the
largest industry members may sell such
devices, for a possible burden of 100
hours (4 requests × 25 hours per year).
Accordingly, FTC staff estimates that,
as a result of the Commission’s requests
for information on sales and marketing
for the subject products, market
participants will incur a cumulative
burden of approximately 3,540 hours
per year (2,940 hours per year + 500
hours per year + 100 hours per year).
This estimate includes any time spent
by separately incorporated subsidiaries
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and other entities affiliated with the
ultimate parent company that receives
the information request.
Estimated Annual Cost Burden:
$407,100.
FTC staff cannot calculate with
precision the labor costs associated with
this data production, as those costs
entail varying compensation levels of
management and/or support staff among
companies of different sizes. FTC staff
assumes that paralegals and computer
analysts will perform most of the work
involved in responding to the
Commission information requests,
although in-house legal personnel will
be involved in reviewing the actual
submission to the Commission. FTC
staff will use a combined hourly wage
of $115/hour for the combined efforts of
these individuals.2 Using this figure,
FTC staff’s best estimate for the total
annual labor costs is $407,100 per year
($115 per hour × 3,540 hours).
Estimated Capital or Other Non-Labor
Cost: De minimis.
FTC 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
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 May 28,
2024. Your comment, including your
name and your state, will be placed on
the public record of this proceeding,
2 FTC staff believes that this estimate is
conservative. According to data from the Bureau of
Labor Statistics, the mean hourly wages for these
three occupations are as follows: $30.21 for
paralegals; $53.15 for computer and information
analysts; and $78.74 for lawyers. Economic News
Release, Bureau of Labor Statistics, Table 1—
National employment and wage data from the
Occupational Employment Statistics survey by
occupation, May 2022 (Table 1), available at https://
www.bls.gov/news.release/ocwage.t01.htm. Even if
employees of the major cigarette and smokeless
tobacco manufacturers earn more than these hourly
wages, FTC staff believes its $115/hour estimate is
appropriate.
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including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to the agency’s 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 ‘‘Tobacco Reports; 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
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
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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 May 28, 2024. 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. 2024–06350 Filed 3–25–24; 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 rules and regulations
under the Fur Products Labeling Act
(‘‘Fur Rules’’ or ‘‘Rules’’). That clearance
expires on October 31, 2024.
DATES: Comments must be filed by May
28, 2024.
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 ‘‘Fur Rules; PRA
Comment: FTC File No. P072108’’ on
your comment, and file your comment
online at https://www.regulations.gov by
following the instructions on the webbased 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
K. Chung, Attorney, Division of
Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
Mail Code CC–9528, 600 Pennsylvania
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SUMMARY:
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Avenue NW, Washington, DC 20580,
(202) 326–2984.
SUPPLEMENTARY INFORMATION:
Title of Collection: Rules and
Regulations under the Fur Products
Labeling Act, 16 CFR part 301.
OMB Control Number: 3084–0099.
Type of Review: Extension without
change of currently approved collection.
Abstract: The Fur Products Labeling
Act (‘‘Fur Act’’) 1 prohibits the
misbranding and false advertising of fur
products. The Fur Rules establish
disclosure requirements that assist
consumers in making informed
purchasing decisions, and
recordkeeping requirements that assist
the Commission in enforcing the Rules.
The Rules also provide a procedure for
exemption from certain disclosure
provisions under the Fur Act.
Likely Respondents: Retailers,
manufacturers, processors, and
importers of furs and fur products.
Frequency of Response: Third party
disclosure; recordkeeping requirement.
Estimated Annual Burden Hours:
180,639 hours (45,720 hours for
recordkeeping + 134,919 hours for
disclosure).
Recordkeeping: 45,720 hours [500
retailers incur an average recordkeeping
burden of about 18 hours per year (9,000
hours total); 137 manufacturers incur an
average recordkeeping burden of about
60 hours per year (8,220 hours total);
and 950 importers of furs and fur
products incur an average
recordkeeping burden of 30 hours per
year (28,500 hours total)].
Disclosure: 134,919 hours [(114,886
hours for labeling + 33 hours for
invoices + 20,000 hours for
advertising)].
Estimated Annual Cost Burden:
$3,555,329 (rounded to the nearest
whole dollar amount).
As required by section 3506©(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 Commission’s Fur
Rules.
Burden Statement
FTC staff’s burden estimates are based
on data from the Department of Labor’s
Bureau of Labor Statistics (BLS) and
data or other input from the Fur
Industry Council of America. The
relevant information collection
requirements in these Rules and FTC
staff’s corresponding burden estimates
follow. The estimates address the
number of hours needed and the labor
1 15
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costs incurred to comply with the
requirements.
The Fur Act 2 prohibits the
misbranding and false advertising of fur
products. The Fur Rules establish
disclosure requirements that assist
consumers in making informed
purchasing decisions, and
recordkeeping requirements that assist
the Commission in enforcing the Rules.
The Rules also provide a procedure for
exemption from certain disclosure
provisions under the Fur Act.
Estimated Annual Hours Burden:
180,639 hours (45,720 hours for
recordkeeping + 134,919 hours for
disclosure).
Recordkeeping: The Fur Rules require
that retailers, manufacturers, processors,
and importers of furs and fur products
keep certain records in addition to those
they may keep in the ordinary course of
business. FTC staff estimates that: (1)
500 retailers incur an average
recordkeeping burden of about 18 hours
per year (9,000 hours total); (2) 137
manufacturers incur an average
recordkeeping burden of about 60 hours
per year (8,220 hours total); and (3) 950
importers of furs and fur products incur
an average recordkeeping burden of 30
hours per year (28,500 hours total). The
combined recordkeeping burden for the
industry is approximately 45,720 hours
annually.
Disclosure: FTC staff estimates that
637 respondents (137 manufacturers +
500 retail sellers of fur garments) each
require an average of 30 hours per year
to determine label content (19,110 hours
total), and an average of 30 hours per
year to draft and order labels (19,110
hours total). FTC staff estimates that the
total number of garments subject to the
fur labeling requirements annually is
approximately 1,840,000.3 FTC staff
estimates that for approximately 50
percent of these garments (920,000)
labels are attached manually, requiring
approximately four minutes per garment
for a total of 61,333 hours annually. For
the remaining 920,000, the process of
attaching labels is semi-automated and
requires an average of approximately
one minute per item, for a total of
15,333 hours. Thus, the total burden for
2 Id.
3 This estimate is half the prior estimate. FTC staff
bases this estimate on an assessment that the overall
market for fur products appears to have halved. For
example, the number of fur retailers has declined
from 950 to 500. The total number of imported fur
garments, fur-trimmed garments, and fur
accessories is 3,562,242 annually based on U.S.
government import statistics for Harmonized Tariff
Schedule (HTS) Number 4303. However, this figure
includes many products that contain fur but are not
covered by the Fur Act and Rules, such as rabbit
feet, or purses with fur. Estimated domestic
production totals 90,000.
E:\FR\FM\26MRN1.SGM
26MRN1
]]>Agencies
[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Notices]
[Pages 20967-20970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06350]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension and Modification
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has
clearance from the Office of Management and Budget (``OMB'') to send
information requests, pursuant to compulsory process, to a combined ten
or more of the largest cigarette manufacturers and smokeless tobacco
manufacturers. The information sought includes, among other things,
data on the manufacturers' annual sales and marketing expenditures for
cigarettes, smokeless tobacco products, and electronic devices used to
heat non-combusted cigarettes, and sales of tobacco-free nicotine
lozenges and pouches. The current OMB clearance expires on August 31,
2024. The Commission plans to ask OMB for renewed three-year clearance
to collect this information, and to modify its existing clearance to
allow for the
[[Page 20968]]
collection of additional information concerning annual marketing
expenditures for tobacco-free nicotine lozenges and pouches by
smokeless tobacco manufacturers or related companies.
DATES: Comments must be filed by May 28, 2024.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Tobacco Reports; PRA
Comment: FTC File No. P072108'' 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: 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: Revision and extension of currently approved
collection.
Likely Respondents: Parent companies of the largest cigarette
companies and smokeless tobacco companies.
Estimated Annual Burden Hours: 3,540 disclosure hours.
Estimated Annual Labor Costs: $407,100.
Abstract: Pursuant to section 6(b) of the FTC Act, 15 U.S.C. 46(b),
the Commission collects information on sales and/or marketing of
cigarettes, smokeless tobacco products, tobacco-free nicotine lozenges
and pouches, and electronic devices used to heat non-combusted
cigarettes (collectively, ``subject products'') from manufacturers of
cigarettes and smokeless tobacco products. Depending on the type of
product a manufacturer produces, the Commission requests the
information using two different instruments--that is, a Cigarette Order
and a Smokeless Tobacco Order. The Commission compiles and publishes
the data in two periodic reports.
Using compulsory process under section 6(b) of the FTC Act, the
Commission plans to continue sending information requests annually to
the ultimate parent companies of the largest cigarette companies and
smokeless tobacco companies in the United States (collectively,
``industry members''). The information requests will seek data
regarding, among other things: (1) the cigarette or smokeless tobacco
sales of industry members; (2) how much industry members spend
advertising and promoting their cigarette or smokeless tobacco
products, and the specific amounts spent in each of a number of
specified expenditure categories; (3) whether industry members are
involved in the appearance of their cigarette or smokeless tobacco
products or brand imagery in television shows, motion pictures, on the
internet, or on social media; (4) how much industry members spend on
advertising intended to reduce youth cigarette or smokeless tobacco
usage; (5) the events, if any, during which industry members' cigarette
or smokeless tobacco brands are televised; and (6) how much industry
members spend on public entertainment events promoting their companies
but not specific cigarette or smokeless tobacco products or such
products generally. The information requests will also seek information
from the cigarette companies pertaining to the annual sales, give
aways, and marketing expenditures for electronic devices used to heat
non-combusted cigarette products.
While, in previous years, the information requests only sought
information pertaining to the annual unit and dollar sales of tobacco-
free nicotine lozenges and pouches, the Commission plans to seek a
modification of its existing clearance in order to collect information
concerning advertising and promotional expenditures for tobacco-free
nicotine lozenges and pouches. The need to collect this information is
predicated upon the fact that sales of tobacco-free nicotine lozenges
and pouches more than doubled between 2020 and 2022, and these products
appear to be especially popular with youth.
The current PRA clearance to collect this information is valid
through August 31, 2024 (OMB Control No. 3084-0134). 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 renew the clearance for the PRA burden associated with the proposed
collection, and the proposed modification.
Burden Statement
Estimated Annual Burden Hours: 3,540.
The FTC staff's estimated hours of burden is based on the time
required each year to respond to the Commission's information requests.
Because the potential recipients of the information requests vary
greatly in size, the number of products they sell, and the extent and
variety of their advertising and promotion, FTC staff distinguishes
between the four largest industry members and smaller industry members
for the purpose of calculating the estimated annual burden hours. This
burden analysis first discusses the burden hours that industry members
will incur in providing information on their sales and marketing
expenditures for cigarettes and smokeless tobacco products.
Requests for Information on Cigarettes and Smokeless Tobacco: For
the information requests on the sales and marketing expenditures for
cigarettes and smokeless tobacco products, the Commission currently
anticipates sending information requests to the four largest cigarette
companies and the five largest smokeless tobacco companies each year.
However, in order to take into account any future industry changes, the
burden estimate is based on up to 15 information requests being issued
per year. The Commission assumes that six of the 15 information
requests will be issued to the four largest industry members, and the
remaining nine information requests will be issued to nine smaller
industry members.\1\
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\1\ Based on their product variety, two of the four largest
industry members receive both a Cigarette Order and a Smokeless
Tobacco Order.
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FTC staff estimates that each of the four largest industry members
will incur, on average, a burden of 400 hours per response per year,
resulting in a cumulative burden of approximately 2,400 hours per year
(6 requests x 400 hours per year). Additionally, FTC staff estimates
that the remaining nine smaller recipients of the Commission's
information requests will each incur, on average, a burden of 60 hours
per request per year, resulting in a cumulative burden of approximately
540 hours per year (9 requests x 60 hours).
Accordingly, FTC staff estimates that, for the purpose of providing
information on their sales and marketing for cigarettes and smokeless
tobacco products industry members will incur a cumulative burden of
approximately 2,940 hours per year (2,400 hours per year + 540 hours
per year).
Requests for Information on Tobacco-Free Nicotine Lozenges and
Pouches: In the past, the Commission's Smokeless Tobacco Orders have
also sought
[[Page 20969]]
information pertaining to the annual unit and dollar sales of tobacco-
free nicotine lozenges and pouches by the smokeless tobacco
manufacturers or related companies. The Commission is proposing to
amend its existing OMB clearance to also collect data on smokeless
tobacco manufacturers' annual advertising and promotional expenditures
for tobacco-free nicotine lozenges and pouches. FTC staff estimates
that, as a result of this modification, the Commission will seek this
information from the five largest smokeless tobacco manufacturers each
year. However, in order to take into account any future industry
changes, the burden estimate is based on up to five additional
information requests being issued per year to smokeless tobacco
companies that sell, or have related companies that sell, tobacco-free
nicotine lozenges and pouches.
FTC staff estimates that each of the ten recipients will incur, on
average, a burden of 50 hours per request per year. Accordingly, FTC
staff estimates that, for the purpose of providing information on the
sales and marketing expenditures for tobacco-free nicotine lozenges and
pouches, the recipients will incur a cumulative burden of approximately
500 hours per year (10 requests x 50 hours per year).
Requests for Information on Devices to Heat Non-Combusted
Cigarettes: The Commission's Cigarette Orders have also sought sales
and marketing expenditure information for electronic devices used to
heat non-combusted cigarettes. At this time, there is no longer any
industry member that sells such devices in the United States, but FTC
staff anticipates that at least one of the four largest industry
members will re-enter this market segment over the next three years.
FTC staff assumes that, as a result of the Commission's information
requests, it will take any of the largest cigarette companies that sell
electronic devices used to heat non-combusted cigarettes approximately
25 hours per year to compile the information on their sales and
marketing expenditures for such devices, and that as many as four of
the largest industry members may sell such devices, for a possible
burden of 100 hours (4 requests x 25 hours per year).
Accordingly, FTC staff estimates that, as a result of the
Commission's requests for information on sales and marketing for the
subject products, market participants will incur a cumulative burden of
approximately 3,540 hours per year (2,940 hours per year + 500 hours
per year + 100 hours per year). This estimate includes any time spent
by separately incorporated subsidiaries and other entities affiliated
with the ultimate parent company that receives the information request.
Estimated Annual Cost Burden: $407,100.
FTC staff cannot calculate with precision the labor costs
associated with this data production, as those costs entail varying
compensation levels of management and/or support staff among companies
of different sizes. FTC staff assumes that paralegals and computer
analysts will perform most of the work involved in responding to the
Commission information requests, although in-house legal personnel will
be involved in reviewing the actual submission to the Commission. FTC
staff will use a combined hourly wage of $115/hour for the combined
efforts of these individuals.\2\ Using this figure, FTC staff's best
estimate for the total annual labor costs is $407,100 per year ($115
per hour x 3,540 hours).
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\2\ FTC staff believes that this estimate is conservative.
According to data from the Bureau of Labor Statistics, the mean
hourly wages for these three occupations are as follows: $30.21 for
paralegals; $53.15 for computer and information analysts; and $78.74
for lawyers. Economic News Release, Bureau of Labor Statistics,
Table 1--National employment and wage data from the Occupational
Employment Statistics survey by occupation, May 2022 (Table 1),
available at https://www.bls.gov/news.release/ocwage.t01.htm. Even if
employees of the major cigarette and smokeless tobacco manufacturers
earn more than these hourly wages, FTC staff believes its $115/hour
estimate is appropriate.
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Estimated Capital or Other Non-Labor Cost: De minimis.
FTC 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
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
May 28, 2024. 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 the agency's
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 ``Tobacco Reports; 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 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
[[Page 20970]]
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 May 28, 2024.
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. 2024-06350 Filed 3-25-24; 8:45 am]
BILLING CODE 6750-01-P
