[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Notices]
[Page 49694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19280]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Colletion; 
Comment Request; Extension

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: The Federal Trade Commission (FTC) is seeking public comments 
on its proposal to extend through December 31, 2005 the current 
Paperwork Reduction Act (``PRA'') clearance for information collection 
requirements contained in its regulations under the Fair Packaging 
Labeling Act (``regulations''). That clearance expires on December 31, 
2002.

DATES: Comments must be filed by September 30, 2002.

ADDRESSES: Send written comments to Secretary, Federal Trade 
Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington, DC 
20580. All comments should be captioned ``FPLA Regulations: Paperwork 
Comment,'' as appropriate. Comments in electronic form should be sent 
to: FPLA [email protected] as prescribed below.

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., 
NW., Washington, DC 20580, (202) 326-2841.

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'' 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 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 noted herein.
    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.
    If a comment contains nonpublic information, it must be filed in 
paper form, and the first page of the document must be clearly labeled 
``confidential.'' Comments that do not contain any nonpublic 
information may instead be filed in electronic form (in ASCII format, 
WordPerfect, or Microsoft Word) as part of or as an attachment to email 
messages directed to the following e-mail box: FPLA [email protected]. Such 
comments will be considered by the Commission and will be available for 
inspection and copying at its principal office in accordance with 
section 4.9(b)(6)(ii) of the Commission's Rules of Practice, 16 CFR 
section 4.9(b)(6)(ii).
    The FPLA was enacted to eliminate consumer deception concerning 
product size representations and package content information. The 
regulations that implement the FPLA, 16 C.F.R. Parts 500-503, establish 
requirements for the manner and form of labeling applicable to 
manufacturers, packagers, and distributors of ``consumer commodities.'' 
\1\ 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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    \1\ ``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.
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    Estimated annual hours burden: 8,095,000 total burden hours (solely 
relating to disclosure \2\).
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    \2\ 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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    Staff conservatively estimates that approximately 809,500 
manufacturers, packagers, distributors, and retailers of consumer 
commodities make disclosures at an average burden of ten hours per 
entity, for a total disclosure of 8,095,000 hours.
    Estimated annual cost burden: $135,187,000, rounded (solely 
relating to 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 $50) and nine hours of clerical time per covered entity 
(at an estimated average hourly rate of $13), for a total of 
$135,186,500 ($167 per covered entity  x  809,500 entities).
    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.

John D. Graubert,
Acting General Counsel.
[FR Doc. 02-19280 Filed 7-30-02; 8:45 am]
BILLING CODE 6750-01-M