[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Notices]
[Pages 64125-64126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26393]


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FEDERAL TRADE COMMISSION


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

AGENCY: Federal Trade Commission (FTC).

ACTION: Notice.

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SUMMARY: The FTC has submitted to the Office of Management and Budget 
(OMB) for review under the Paperwork Reduction Act (PRA) information 
collection requirements contained in its regulations under the Fair 
Packaging Labeling Act (FPLA). The FTC is seeking public comments on 
the proposal to extend through December 31, 2005 the current PRA 
clearance for information collection requirements contained in the 
regulations. That clearance expires on December 31, 2002.

DATES: Comments must be filed by November 18, 2002.

ADDRESSES: Send written comments to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, Room 10202, Washington, DC 20503, ATTN.: Desk Officer 
for the Federal Trade Commission (comments in electronic form should be 
sent to [email protected]), and to Secretary, Federal Trade 
Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington, DC 
20580 (comments in electronic form should be sent to 
[email protected]">FPLA[email protected]). All comments should be captioned ``FPLA 
Regulations: Paperwork Comment'' 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 PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from OMB for each collection of 
information they conduct or sponsor. On July 31, 2002, the FTC sought 
comment on the information collection requirements associated with the 
FPLA regulations, 16 CFR parts 500-503 (OMB Control Number: 3084-0110). 
Sec 67 FR 49694. No comments were received. Pursuant to the OMB 
regulations that implement the PRA (5 CFR part 1320), the FTC is 
providing this second opportunity for public comment while seeking OMB 
approval to extend the existing paperwork clearance for the Rule.
    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 e-
mail messages directed to the following e-mail box: [email protected]">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)96)(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 CFR parts 500-503, establish 
requirements for the

[[Page 64126]]

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. ``Burden,'' for OMB purposes, 
excludes such items. See 5 CFR 1320.3(b)(2).
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    Based on U.S. Census data, 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 burden 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 business the 
information that the statute and regulations require be placed on 
packages and labels.

John D. Graubert,
Acting General Counsel.
[FR Doc. 02-26393 Filed 10-16-02; 8:45 am]
BILLING CODE 6750-01-M