[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Notices]
[Pages 56703-56705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19320]


-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION


Agency Information Collection Activities: Reinstatement of 
Existing Collection; Comment Request

AGENCY: Federal Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
intends to conduct a survey of parents who have one or more children, 
age 11-16 years, who play video or personal computer games. The FTC 
will also survey children, between the ages of 11 and 16, who play 
video or personal computer games. The surveys are a follow up to the 
Commission's surveys conducted in 2000 on consumers' use of and 
familiarity with the Entertainment Software Rating Board (``ESRB'') 
rating system. Before gathering this information, the FTC is seeking 
public comments on its proposed consumer research. Comments will be 
considered before the FTC submits a request for Office of Management 
and Budget (``OMB'') review under the Paperwork Reduction Act 
(``PRA''), 44 U.S.C. 3501-3520.

DATES: Comments must be received on or before November 28, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Entertainment Industry Study: FTC File No. 
P994511'' 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/Office of the 
Secretary, Room H-135 (Annex G), 600 Pennsylvania Avenue, 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 e-mail messages 
directed to the following e-mail 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 Web site, to the extent practicable, at 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 Web site. 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 
should be addressed to Keith R. Fentonmiller, (202) 326-2775, or 
Richard F. Kelly, (202) 326-3304, Attorneys, Federal Trade Commission, 
Bureau of Consumer Protection, Division of Advertising Practices, 600 
Pennsylvania Ave., NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: In September 2000, the Commission issued a 
report requested by the President and Congress entitled, Marketing 
Violent Entertainment to Children: A Review of Self-Regulation and 
Industry Practices in the Motion Picture, Music Recording & Electronic 
Game Industries (hereafter ``2000 Report'').\2\ The Commission found 
that the electronic game industry had engaged in widespread marketing 
of violent electronic games to children that: (1) Was inconsistent with 
the Electronic Software Rating Board (``ESRB'') rating system; and (2) 
undermined parents' attempts to make informed decisions about their 
children's exposure to violent content.\3\ Similar results were found 
for the motion picture and music recording industries. The Commission 
also found that advertisements for electronic games frequently failed 
to contain rating information. Further, the Commission's national 
surveys of parents and children found that only 61% of parents were 
aware of the ESRB system, and nearly half of those parents reported 
that they rarely or never use the ESRB system.\4\
---------------------------------------------------------------------------

    \2\ Available at http://www.ftc.gov/reports/violence/vioreport.pdf.
    \3\ As indicated on its website, the ESRB ``is a self-regulatory 
body for the interactive entertainment software industry established 
in 1994 by the Entertainment Software Association, formerly the 
Interactive Digital Software Association. ESRB independently applies 
and enforces ratings, advertising guidelines, and online privacy 
principles adopted by the computer and video game industry. The ESRB 
rating system helps parents and other consumers choose the games 
that are right for their families. ESRB ratings have two parts: 
rating symbols that suggest what age group the game is best for, and 
content descriptors that indicate elements in a game that may have 
triggered a particular rating and/or may be of interest or 
concern.''
    \4\ See 2000 Report, Appendix F at http://www.ftc.gov/reports/violence/appendicesviorpt.pdf. Appendix F also contains a detailed 
discussion of the underlying methodology and findings.
---------------------------------------------------------------------------

    In April 2001,\5\ December 2001,\6\ June 2002,\7\ and July 2004,\8\ 
the Commission issued follow-up reports to assess changes in industry 
practices. The first two follow-up reports documented progress by the 
electronic game industry to limit advertising in popular teen media. 
The third follow-up report found that the game industry was in 
substantial compliance with ESRB standards governing ad placements and 
disclosure of rating information in advertising. There were, however, 
some advertisements for Mature-rated games placed on television 
programs with large numbers of teen viewers and continued placement of 
such ads in game enthusiast magazines with large youth readership.\9\ 
The Commission's July 2004 report found substantial compliance with 
ESRB standards governing ad placements and that industry members 
generally were prominently disclosing rating information in advertising 
and on product packaging. A ``mystery shopper'' survey of retailers 
conducted on behalf of the Commission in 2003, however, found that 69% 
of young teen shoppers (age 13-16) were able to buy Mature-rated games, 
although there was some improvement from earlier undercover shopping 
surveys conducted in 2000 and 2001.\10\
---------------------------------------------------------------------------

    \5\ Available at http://www.ftc.gov/reports/violence/violence010423.pdf.
    \6\ Available at http://www.ftc.gov/os/2001/12/violencereport1.pdf.
    \7\ Available at http://www.ftc.gov/reports/violence/mvecrpt0206.pdf.
    \8\ Available at http://www.ftc.gov/os/2004/07/040708kidsviolencerpt.pdf.
    \9\ Mature-rated games contain content that may be suitable for 
persons 17 years of age and older.
    \10\ See July 2004 Report, Appendix B at http://www.ftc.gov/reports/violence/appendicesviorpt.pdf.
---------------------------------------------------------------------------

    Members of Congress and parental advocacy groups continue to voice 
concern about parents' knowledge and use of the ESRB system, the 
accuracy of

[[Page 56704]]

the ratings that the ESRB has assigned to some games, and children's 
ability to purchase Mature-rated games at the retail level. In response 
to these concerns and as part of the agency's ongoing monitoring of the 
electronic game industry's self-regulatory system, the FTC is 
soliciting public comments on obtaining information on these issues 
through proposed consumer research. The Commission intends to seek OMB 
clearance under the PRA before engaging in the proposed consumer 
research.
    Under the PRA, 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). In 2000, OMB approved the 
FTC's request to conduct surveys on consumers' use of and familiarity 
with the rating or labeling systems of the following entertainment 
industries: (1) Motion picture; (2) recording; and (3) video and 
personal computer games (OMB Control Number 3084-120). After receiving 
OMB approval, the FTC conducted the consumer research and issued the 
2000 Report in September 2000. As required by section 3506(c)(2)(A) of 
the PRA, the FTC is providing this opportunity for public comment 
before requesting that OMB reinstate the clearance for the surveys, 
which expired in May, 2003.
    The FTC invites comments on: (1) Whether the proposed collections 
of information are necessary for the proper performance of the 
functions of the FTC, including whether the information will have 
practical utility; (2) the accuracy of the FTC's estimate of the burden 
of the proposed collections of information; (3) ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
(4) ways to minimize the burden of collecting 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.

1. Description of the Collection of Information and Proposed Use

    The FTC proposes to conduct two focus groups of ten parents in two 
different cities (for a total of four focus groups) regarding their 
assessment of the accuracy of the ESRB ratings. In order to qualify as 
a participant, the parents must have one or more children, age 11-16 
years, who play video or personal computer games. The focus groups are 
exploratory qualitative research that would be used in formulating a 
questionnaire for use in a subsequent telephone survey of parents 
regarding their use and knowledge of the ESRB ratings and their 
assessment of the accuracy of the ratings.
    Based on insights obtained from the focus groups, the FTC staff 
will develop a questionnaire and survey a random sample of 250 adult 
respondents who are parents of one or more children, age 11-16 years, 
who play video or personal computer games. The FTC intends to also 
pretest the survey questions on 24 parent respondents to ensure that 
all questions are easily understood. In many respects, the 
questionnaire will be similar to the one used for the 2000 Report. For 
example, the survey will continue to explore parents' attitudes 
regarding and awareness of the ESRB system. In addition, the FTC staff 
intends to develop new questions based upon the information collected 
via focus groups, such as parents' perception of the accuracy of the 
ESRB ratings.
    The FTC also will survey 150 children between the ages of 11 and 16 
who play video or personal computer games.\11\ The survey will explore 
children's attitudes regarding the ESRB system, as well as children's 
perception of the accuracy of the ESRB ratings. Like the parent survey, 
the FTC intends to pretest the survey questions on 24 child respondents 
to ensure that all questions are easily understood and the questions 
will be based upon those used for the 2000 Report.
---------------------------------------------------------------------------

    \11\ The children will be selected from the same household as 
the adult survey respondents.
---------------------------------------------------------------------------

    The information from the focus groups and the surveys will be 
collected on a voluntary basis, and the identities of the consumers 
will remain confidential. The FTC will contract with a consumer 
research firm to identify consumers, conduct the focus groups, and 
carry out the surveys. The results will assist the FTC in determining 
whether and how consumers use the ESRB rating system and whether they 
perceive ESRB game ratings to be accurate.

2. Estimated Hours Burden

    For the focus groups, the contractor will identify respondents 
either by drawing names from a pre-assembled parent list or by 
conducting telephone screening within the general population. If 
telephone screening is used, the contractor would contact parents and 
ask whether they have at least one child between the ages of 11 and 16 
who plays electronic games. FTC staff estimates that the screening 
questions will be asked of approximately 500 respondents in order to 
obtain a large enough random sample for the focus groups.
    For the parental telephone survey, the contractor will first 
identify eligible parents using screening questions in a telephone 
survey then ask whether respondents, with a child between the ages of 
11 and 16, would participate in the children's survey. Allowing for 
non-response, the screening questions will be asked of approximately 
1,000 respondents to provide a large enough random sample for the 
surveys. As noted, the children's survey will be conducted as an 
adjunct to the parents' survey, i.e., by speaking to a child in the 
same household as the adult respondents identified in the paragraph 
above. As a result, the extra time required to screen for child 
respondents will be de minimis.
    The FTC staff estimates that the screening for the focus groups and 
the surveys will require no more than two minutes of each respondent's 
time. Thus, cumulatively, screening should require a maximum of 50 
hours (1500 total respondents x 2 minutes for each).
    The FTC intends to pretest both the parental and children's surveys 
on 24 parent and 24 child respondents to ensure that all questions are 
easily understood. This pretest will take approximately 15 minutes per 
person. The hours burden imposed by the pretest will be approximately 
12 hours (48 respondents x 15 minutes per survey). Participating in the 
focus groups will take approximately three hours per respondent. With 
ten respondents per focus group and four total focus groups, the total 
burden will be 120 hours. Answering the parental and children's surveys 
will impose a burden per respondent of approximately 15 minutes, 
totaling 100 hours for all respondents to the surveys ((250 parent 
respondents + 150 children respondents) x 15 minutes per survey). Thus, 
total hours burden attributable to the consumer research is 
approximately 282 hours (50 + 12 + 120 + 100).

3. Estimated Cost Burden

    The cost per respondent should be negligible. Participation is 
voluntary, and will not require any labor expenditures by respondents. 
There are no capital, start-up, operation,

[[Page 56705]]

maintenance, or other similar costs to the respondents.

William Blumenthal,
General Counsel.
[FR Doc. 05-19320 Filed 9-27-05; 8:45 am]
BILLING CODE 6750-01-P