[Federal Register: January 9, 2009 (Volume 74, Number 6)]
[Notices]               
[Page 899-900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja09-37]                         

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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 FTC is seeking public comments on its proposal to extend 
through February 28, 2012, the current Paperwork Reduction Act 
(``PRA'') clearance for information collection requirements contained 
in its regulations under the Fair Packaging and Labeling Act 
(``FPLA''). That clearance expires on February 28, 2009.

DATES: Comments must be filed by February 9, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``Fair 
Packaging & Labeling Regs, PRA Comments, P074200'' to facilitate the 
organization of comments. Please note that comments will be placed on 
the public record of this proceeding--including on the publicly 
accessible FTC website, at (http://www.ftc.gov/os/
publiccomments.shtm)--and therefore should not include any sensitive or 
confidential information. In particular, comments should not include 
any sensitive personal information, such as an individual'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. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include any ``[t]rade secrets and 
commercial or financial information obtained from a person and 
privileged or confidential. . . .,'' as provided in Section 6(f) of the 
FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). Comments containing material for which confidential 
treatment is requested must be filed in paper form, must be clearly 
labeled ``Confidential,'' and must comply with FTC Rule 4.9(c).\1\
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    \1\ FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c).
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    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted by using the following weblink: (https://
secure.commentworks.com/ftc-FPLAregs) (and following the instructions 
on the web-based form). To ensure that the Commission considers an 
electronic comment, you must file it on the web-based form at the 
weblink (https://secure.commentworks.com/ftc-FPLAregs). If this Notice 
appears at (http://www.regulations.gov/search/index.jsp), you may also 
file an electronic comment through that website. The Commission will 
consider all comments that regulations.gov forwards to it. You may also 
visit the FTC website at http://www.ftc.govto read the Notice and the 
news release describing it.
    A comment filed in paper form should include the ``Fair Packaging & 
Labeling Regs, PRA Comments, P074200'' reference both in the text and 
on the envelope, and should be mailed or delivered to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-135 
(Annex J), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC 
is requesting that any comment filed in paper form be sent by courier 
or overnight service, if possible, because U.S. postal mail in the 
Washington area and at the Commission is subject to delay due to 
heightened security precautions.
    All comments should additionally be submitted to: Office of 
Information and Regulatory Affairs of OMB, Attention: Desk Officer for 
the Federal Trade Commission. Comments should be submitted via 
facsimile to (202) 395-6974 because U.S. Postal Mail is subject to 
lengthy delays due to heightened security precautions.
    The FTC Act and other laws 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, whether filed in paper or electronic 
form. Comments received will be available to the public on the FTC 
website, to the extent practicable, at (http://www.ftc.gov/os/
publiccomments.shtm). As a matter of discretion, the Commission makes 
every effort to remove home contact information for individuals from 
the public comments it receives before placing those comments on the 
FTC website. More information, including routine uses permitted by the 
Privacy

[[Page 900]]

Act, may be found in the FTC's privacy policy, at (http://www.ftc.gov/
ftc/privacy.shtm).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the proposed information requirements should be sent to 
Stephen Ecklund, Investigator, Division of Enforcement, Bureau of 
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave., 
N.W., Washington, D.C. 20580, (202) 326-2841.

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, Federal 
agencies must obtain approval from OMB for each collection of 
information they conduct or sponsor. ``Collection of information'' 
means agency requests or requirements that members of the public submit 
reports, keep records, or provide information to a third party. 44 
U.S.C. 3502(3); 5 CFR 1320.3(c). As required by the PRA, the FTC is 
providing this opportunity for public comment before requesting that 
OMB extend the existing paperwork clearance for the regulations noted 
herein. 44 U.S.C. 3506(c)(2)(A).
    On October 10, 2008, the Commission sought public comments 
concerning the proposed collection of information. See 73 FR 60286. No 
comments were received. Pursuant to the OMB regulations that implement 
the PRA (5 CFR Part 1320), the Commission is providing this second 
opportunity for public comment while seeking OMB clearance for the FPLA 
regulations. All comments should be filed as prescribed in the 
ADDRESSES section above, and must be received on or before February 9, 
2009.
    The FPLA, 15 U.S.C. 1451-1461, was enacted to eliminate consumer 
deception concerning product size representations and package content 
information. The regulations that implement the FPLA, 16 CFR Parts 500 
- 503, establish requirements for the manner and form of labeling 
applicable to manufacturers, packagers, and distributors of ``consumer 
commodities.''\2\ Section 4 of the FPLA specifically 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 a company that is responsible for the product.
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    \2\ ``Consumer commodity'' means any article, product, or 
commodity of any kind or class which is customarily produced or 
distributed for sale through retail sales agencies or 
instrumentalities for consumption by individuals, or use by 
individuals for purposes of personal care or in the performance of 
services ordinarily rendered within the household, and which usually 
is consumed or expended in the course of such consumption or use.'' 
16 CFR 500.2(c). For the precise scope of the term's coverage see 16 
CFR 500.2(c); 503.2; 503.5. See also (http://www.ftc.gov/os/
statutes/fpla/outline.html).

    Estimated annual hours burden: 7,570,740 total burden hours (solely 
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relating to disclosure\3\)

    \3\ To the extent that the FPLA-implementing regulations require 
sellers of consumer commodities to keep records that substantiate 
``cents off,'' ``introductory offer,'' and/or ``economy size'' 
claims, staff believes that most, if not all, of the records that 
sellers maintain would be kept in the ordinary course of business, 
regardless of the legal mandates.
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    As in the past, Commission staff has used Census data\4\ to 
estimate the number of companies subject to the FPLA. Staff 
conservatively estimates\5\ that approximately 757,074 manufacturers, 
packagers, distributors, and retailers of consumer commodities make 
disclosures at an average burden of ten hours per entity, for a total 
disclosure burden of 7,570,740 hours.
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    \4\ Staff has drawn upon the U.S. Census Bureau's 2002 economic 
census, the most recent census available providing data for purposes 
of staff's instant estimates. See (http://www.census.gov/econ/
census02/guide/SUBSUMM.HTM) and (http://www.census.gov/prod/ec02/
ec0231sg1.pdf) (Table 2).
    \5\ Although the estimates are non-rounded figures, they remain 
estimates as they are the sum total of projected industry codes 
subject to the FPLA. But, even allowing for industries that may 
apply, the Census data do not separately break out non-household 
products from household use and, accordingly, overstate what is 
actually subject to the FPLA.

    Estimated annual cost burden: $158,985,540 (solely relating to 
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labor costs)

    The estimated annual labor cost burden associated with the FPLA 
disclosure requirements consists of an estimated hour of managerial 
and/or professional time per covered entity (at an estimated average 
hourly rate of $55), plus two hours of specialized clerical support\6\ 
(at an estimated average hourly rate of $25), and seven hours of 
clerical time per covered entity (at an estimated average hourly rate 
of $15), for a total of $158,985,540 ($210 blended labor cost per 
covered entity x 757,074 entities).\7\
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    \6\ ``Specialized clerical support'' consists of graphic design 
specialists, working by computer to design the appearance and layout 
of product packaging, including appropriate display of the 
disclosures required by the FPLA regulations.
    \7\ Based generally on the National Compensation Survey: 
Occupational Earnings in the United States, 2007, U.S. Department of 
Labor, Bureau of Labor Statistics (August 2008) (``BLS National 
Compensation Survey'') (citing the mean hourly earnings for 
management occupations, legal occupations/lawyers, and assorted 
clerical positions), available at (http://www.bls.gov/ncs/ocs/sp/
nctb0300.pdf). Clerical estimates are derived from the above source 
data, applying roughly a mid-range of mean hourly rates for 
potentially applicable clerical types, e.g., computer operators, 
data entry and information processing workers.
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    Total capital and start-up costs are de minimis. For many years, 
the packaging and labeling activities that require capital and start-up 
costs have been performed by covered entities in the ordinary course of 
business independent of the FPLA and implementing regulations. 
Similarly, firms provide in the ordinary course of business the 
information that the statute and regulations require be placed on 
packages and labels.

William Blumenthal
General Counsel
[FR Doc. E9-178 Filed 1-8-09; 8:45 am]

Billing code 6750-01-S