[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Notices]
[Page 38839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18595]



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FEDERAL TRADE COMMISSION


Regulations under the Comprehensive Smokeless Tobacco Health 
Education Act of 1986; Information Collection Requirement

AGENCY: Federal Trade Commission.

ACTION: Notice of application to OMB under the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.) for clearance of information collection 
requirements contained in the Regulations under the Comprehensive 
Smokeless Tobacco Health Education Act of 1986.

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SUMMARY: This publication provides notice that the Federal Trade 
Commission is seeking renewed approval for three years from OMB for the 
information collection requirements contained in the Regulations under 
the Comprehensive Smokeless Tobacco Health Education Act of 1986. The 
present OMB approval for the information collection requirements is 
scheduled to expire on August 31, 1995.
    The Smokeless Tobacco Act 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 each manufacturer, packager, and importer of a smokeless 
tobacco product to submit a plan to the Commission that specifies the 
methods used to rotate, display, and distribute the warning statements 
required to appear in advertising and labeling. Section 3(d) directs 
the Commission to approve plans that provide for rotation, display, and 
distribution of the warning statements in accordance with the 
regulations. All the affected companies have previously filed plans, 
but the plan submission requirement continues to apply to a company 
that amends its plans, or to a new company that enters the market.

Estimate of Information Collection Burden

    In 1986, staff estimates that as many as ten domestic and four 
foreign smokeless tobacco companies would submit plans specifying the 
method used to rotate, display, and distribute health warnings in their 
labeling and advertising. This prediction was accurate. Fourteen plans 
were received.
    When the regulations were first proposed, representatives of the 
Smokeless Tobacco Council, Inc., indicated that six companies that it 
represented would require a total of 700 to 800 hours (or about 133 
hours apiece, on average) to prepare the required plans. We also 
assumed that the other companies, whose plans were prepared by other 
representatives, would require more time, on average, and used 150 
hours per plan to account for the remainder of the expected 
submissions. Based on these assumptions staff estimated that no more 
than 2,000 hours would be spent to prepare and submit compliance plans. 
(Six companies total=800 hours, plus eight companies at 150 hours=1,200 
hours.) The Commission provided a burden estimate to OMB of 2,000 hours 
for the reporting requirements.
    In 1992, the Commission proposed amendments to the rotation of 
health warnings on point-of-sale and non-point-of-sale promotional 
materials. Pursuant to the proposed amendment, affected firms will have 
to submit new plans for Commission approval. The amendment of 
previously submitted plans to incorporate plans for promotional 
materials should require less time than was devoted to the original 
submissions. As in 1992, there is no substantial basis for calculating 
the proportion of the original burden estimate that will be 
attributable to the amendment process and accordingly, the Commission 
proposes to retain the existing burden estimate for purposes of seeking 
this extension.

DATES: Comments on this application must be submitted on or before 
August 28, 1995.

ADDRESSES: Send comments both to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, Room 3228, Washington, D.C. 20503, ATN: Desk Officer 
for the Federal Trade Commission, and the Office of the Secretary, Room 
159, Federal Trade Commission, Washington, D.C. 20580. Copies of the 
application may be obtained from the Public Reference Section, Room 
130, Federal Trade Commission, Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:
Phillip S. Priesman, Attorney, Federal Trade Commission, Washington, 
D.C. 20580 (202) 326-2484.
Stephen Calkins,
General Counsel.
[FR Doc. 95-18595 Filed 7-27-95; 8:45 am]
BILLING CODE 6750-01-M