[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Notices]
[Pages 56468-56469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19273]


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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 seeking public comments 
on its proposal to extend through November 30, 2008, the current 
Paperwork Reduction Act (``PRA'') clearance for information collection

[[Page 56469]]

requirements contained in its regulations under the Fair Packaging and 
Labeling Act, 15 U.S.C. 1451-1461 (``FPLA''). That clearance expires on 
November 30, 2005.

DATES: Comments must be filed by November 28, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``FPLA Regulations: FTC File No. P868423'' to 
facilitate the organization of comments. A comment filed in paper form 
should include this reference both in the text and on the envelope and 
should be mailed or delivered, with two complete copies, to the 
following address: Federal Trade Commission, Room H 135 (Annex J), 600 
Pennsylvania Ave., NW., Washington, DC 20580. Because paper mail in the 
Washington area and at the Commission is subject to delay, please 
consider submitting your comments in electronic form, (in ASCII format, 
WordPerfect, or Microsoft Word) as part of or as an attachment to email 
messages directed to the following email box: 
<[email protected]. However, if the comment contains 
any material for which confidential treatment is requested, it must be 
filed in paper form, and the first page of the document must be clearly 
labeled ``Confidential.'' \1\
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    \1\ Commission 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 Commission Rule 4.9(c), 16 CFR 4.9(c).
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    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments will be 
considered by the Commission and will be available to the public on the 
FTC website, to the extent practicable, at http://www.ftc.gov. As a 
matter of discretion, the FTC 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 Act, may be found in the FTC's 
privacy policy at http://www.ftc.gov/ftc/privacy.htm.

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 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).
    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. All comments should be filed as prescribed in 
the ADDRESSES section above, and must be received on or before November 
28, 2005.
    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 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.
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    Estimated annual hours burden: 6,533,970 total burden hours (solely 
relating to disclosure \3\ ).
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    \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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    Staff conservatively estimates that approximately 653,397 
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 6,533,970 hours. As in the 
past, Commission staff has used census data to estimate the number of 
companies. Based on a revised approach to the commodity categories in 
the Retail Trade census data, staff has eliminated much of the 
overlapping redundancies and lowered the estimate of the number of 
retailers that sell products subject to the Commission's FPLA 
regulations.
    Estimated annual cost burden: $114,997,872 (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 $14), for a total of 
$114,997,872 ($176 per covered entity x 653,397 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.

William Blumenthal,
General Counsel.
[FR Doc. 05-19273 Filed 9-26-05; 8:45 am]
BILLING CODE 6750-01-P