[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Notices]
[Page 31479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15304]
[[Page 31479]]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: The Federal Trade Commission (FTC) is soliciting public
comments on the proposed extension of Paperwork Reduction Act
clearances for information collection requirements contained in its
regulations under the Comprehensive Smokeless Tobacco Health Education
Act of 1986 (``Smokeless Tobacco Act'' or the ``Act''). The Office of
Management and Budget (OMB) clearance expires on August 31, 1998. The
FTC proposes that OMB extend its approval for the regulation an
additional three years through August 31, 2001. The proposed
information collection requirements described below will be submitted
to OMB for review, as required by the Paperwork Reduction Act.
DATES: Comments must be submitted on or before August 10, 1998.
ADDRESSES: Send written comments to Gary M. Greenfield, Office of the
General Counsel, Federal Trade Commission, Washington, D.C. 20580,
(202) 326-2753. All comments should be identified as responding to this
notice.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or copies of the proposed
information requirements should be addressed to Nancy Warder, Attorney,
Division of Advertising Practices, Bureau of Consumer Protection,
Federal Trade Commission, Washington, D.C. 20580, (202) 326-3048.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from
OMB for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency request or requirements that members of
the public submit reports, keep records, or provide information to a
third party. As required by section 3506(c)(2)(A) of the PRA, the FTC
is providing this opportunity for public comment before requesting that
OMB extend the existing paperwork clearance for the regulations under
the Comprehensive Smokeless Tobacco Health Education Act of 1987 (OMB
Control Number 3084-0082).
The FTC invites comments on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. The FTC will submit the proposed information
collection requirements to OMB for review, as required by the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).
Description of the collection of information and proposed use: The
Smokeless Tobacco Act, 15 U.S.C. 4401-4408, requires, among other
things, that manufacturers, packagers, and importers of smokeless
tobacco products include health warnings on packages and in
advertisements. The Act also requires that each manufacturer, packager,
and importer of smokeless tobacco products submit a plan to the
Commission specifying the method to rotate, display, and distribute the
warning statement required to appear in advertising and labeling. The
Commission is required to determine that these plans provide for
rotation, display, and distribution of warnings in compliance with the
Act and implementing regulations. All the affected companies have
previously filed plans, but the plan submission requirement continues
to apply to a company that amends its plan, or to a new company that
enters the market.
Estimate of information collection annual hourly burden: 1,000
hours (rounded). The FTC is reducing the estimated burden for fourteen
smokeless tobacco companies to prepare and submit amended compliance
plans from the current estimate of 2,000 hours to 1,000 hours, rounded
up from 560. Staff believes the reduced estimate is conservative. Prior
burden estimates were based on companies' experience preparing and
filing their initial plans. At this stage, however, all affected
companies having long ago filed their plans with the Commission (there
have been no entrants to the industry since 1986). Additional annual
reporting burdens would occur only if these companies opt to change the
way they display the warnings required by the Smokeless Tobacco Act.
Although it is not possible to predict whether any of these
companies will seek to amend an existing approved plan (and possibly
none will), staff conservatively assumes that each company will file
one amendment per year. This estimate is conservative because, over the
past three years, only one company has submitted an amendment to its
plan, excepting required amendments regarding the display of the
warnings on point-of-sale and non-point-of-sale promotional items that
were included as annual hours in the prior submission pursuant to the
Paperwork Reduction Act. This amendment required only 40 hours to
prepare, which is considerably less time than individual companies'
preparation of their initial plans. Commission staff believes it
reasonable to assume that each company would consume approximately that
amount of time to prepare an amended plan. Based on these assumptions,
the total annual hourly burden should not exceed 1,000 hours (14
companies X 40 hrs. each, rounded to the nearest thousand).
Estimate of information collection annual cost burden: none. The
Commission knows of no annual recodkeeping cost burden associated with
the plans for the display of the warnings. After the Commission
approves the plan for the display of the warnings required by the
Smokeless Tobacco Act, the companies are required to make additional
submissions to the Commission only if there is a change in the way that
they choose to display the warnings. Once the companies have prepared
plates to print the required warnings on their labels, there are no
additional set-up costs associated with the display of the warnings in
labeling. Similarly, once the companies have prepared acetates of the
required warnings for advertising and promotional materials, there are
no additional set-up costs associated with printing the warnings in
those materials. These set-up costs were incurred prior to October 1,
1995.
Debra A. Valentine,
General Counsel.
[FR Doc. 98-15304 Filed 6-8-98; 8:45 am]
BILLING CODE 6750-01-M
