[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67350-67352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23417]


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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: In accordance with the Paperwork Reduction Act of 1995 
(``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is 
seeking public comment on its proposal to extend for an additional 
three years the Office of Management and Budget clearance for 
information collection requirements in the Fair Packaging and Labeling 
Act regulations (``FPLA Rules''). That clearance expires on April 30, 
2021.

DATES: Comments must be filed by December 21, 2020.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``FPLA Rules, PRA 
Comment, P074200'' on your comment and file your comment online at 
https://www.regulations.gov, by following the instructions on the web-
based form. If you prefer to file your comment on paper, mail your 
comment to the following address: Federal Trade Commission, Office of 
the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of 
Enforcement, Bureau of Consumer Protection, (202) 326-2889, 600 
Pennsylvania Ave. NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 
    Title of Collection: Regulations Under Section 4 of the Fair 
Packaging and Labeling Act (FPLA), 16 CFR parts 500-503.
    OMB Control Number: 3084-0110.
    Type of Review: Extension without change of currently approved 
collection.
    Affected Public: Private Sector: Businesses and other for-profit 
entities.
    Estimated Annual Burden Hours: 6,832,210.
    Estimated Annual Labor Costs: $163,973,040.
    Estimated Annual Non-Labor Costs: $0.
    Abstract: The Fair Packaging and Labeling Act, 15 U.S.C. 1451 et 
seq., was enacted to enable consumers to obtain accurate package 
quantity information to facilitate value comparisons and prevent unfair 
or deceptive packaging and labeling of consumer commodities. Section 4 
of the FPLA 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 the company responsible for the 
product. The FPLA regulations, 16 CFR parts 500-503, specify how 
manufacturers, packagers, and distributors of ``consumer commodities'' 
must comply with the Act's labeling requirements.\1\
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    \1\ The term consumer commodity or 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.
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Burden Estimates

    Estimated Number of Respondents: 683,221.
    FTC staff estimates there are approximately 683,221 retailers, 
wholesalers, and manufacturers that sell consumer commodities that are 
subject to the FPLA Rule's labeling requirements.\2\
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    \2\ FTC staff based this estimate on a combination of Economic 
Census data and information from the North American Industry 
Classification System. Commission staff identified categories of 
retailers, wholesalers, and manufacturers under its jurisdiction 
that supply consumer commodities as defined in the FPLA Rules. 
Commission staff estimated the number of retailers (312,216) based 
on 2018 Economic Census data compiling NAICS subsector codes 445, 
452, and 453, respectively, for food and beverage stores, general 
merchandise stores, and miscellaneous store retailers. See https://data.census.gov. Commission staff estimated the number of 
wholesalers (260,879) using Census data from the 2017 Economic 
Census concerning the number of firms covered by NAICS subset code 
42 for merchant wholesalers, except manufacturers' sales branches 
and offices. See 2017 Economic Census, Table EC1700BASIC. FTC staff 
estimated the number of covered manufacturers (110,126) by compiling 
the estimated number of manufacturing entities covered by NAICS 
codes 321999, 322220, 322299, 324191, 324199, 325520, 3256, 325992, 
325998, 326111, 326130, 326140, 326199, 323720, 327910, 331315, 
335110, 339999. See https://www.naics.com.

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[[Page 67351]]

    Burden Hours: 6,832,210 hours.
    FTC staff estimates that covered entities spend approximately 10 
hours per year to comply with the FPLA Rule's labeling requirements. As 
a result, the FTC estimates that the total burden hours attributable to 
FTC requirements is 6,832,210 hours (683,221 respondents x 10 hours).
    Labor Costs: $163,973,040.
    FTC staff derives labor costs by applying estimated hourly cost 
figures to the burden hours described above. Commission staff estimates 
the hours spent to comply with the Rule's labeling requirements will 
break down as follows: 1 hour of managerial and/or professional time 
per covered entity, at an hourly wage of $60,\3\ 2 hours of graphic 
design support, at an hourly wage of $27,\4\ 7 hours of clerical time 
per covered entity, at an hourly wage of $18,\5\ for a total of 
$163,973,040 ($240 blended labor cost per covered entity x 683,221 
entities).
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    \3\ Based on the mean hourly wage rate for ``General and 
Operations Managers'' ($59.15), rounded up to $60, available from 
Bureau of Labor Statistics, Economic News Release, March 31, 2019, 
Table 1, ``National employment and wage data from the Occupational 
Employment Statistics survey by occupation, May 2019'' (``BLS Table 
1''), available at: https://www.bls.gov/news.release/ocwage.htm.
    \4\ This wage estimate consists of work time for graphic 
designers who design the appearance and layout of product packaging, 
including the appropriate display of the disclosures required by the 
FPLA Rules. The corresponding wage estimate is based on mean hourly 
wages for ``Graphic designers'' ($27.17), rounded to $27. See BLS 
Table 1.
    \5\ See id. The clerical wage estimate is based on the mean 
hourly wages for ``data entry and information processing workers'' 
($17.52), rounded to $18.
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    Capital/Non-Labor Costs: $0.
    Commission staff believes that the FPLA Rules impose negligible 
capital or other non-labor costs, as the affected entities are likely 
to have the necessary supplies and/or equipment already (e.g., offices 
and computers) for the information collections discussed above.

Request for Comment

    Under the PRA, 44 U.S.C. 3501-3521, 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 clearance for the information collection 
requirements contained in the Business Opportunity Rule, 16 CFR part 
437 (OMB Control Number 3084-0142).
    Pursuant to Section 3506(c)(2)(A) of the PRA, 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.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before December 21, 
2020. Write ``Business Opportunity Rule Paperwork Comment, FTC File No. 
P114408'' on your comment. Postal mail addressed to the Commission is 
subject to delay due to heightened security screening. As a result, we 
encourage you to submit your comments online. To make sure that the 
Commission considers your online comment, you must file it through the 
https://www.regulations.gov website by following the instructions on 
the web-based form provided. Your comment, including your name and your 
state--will be placed on the public record of this proceeding, 
including the https://www.regulations.gov website.
    If you file your comment on paper, write ``Business Opportunity 
Rule Paperwork Comment, FTC File No. P114408'' on your comment and on 
the envelope, and mail your comment to the following address: Federal 
Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, 
Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment 
to the following address: Federal Trade Commission, Office of the 
Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 
5610, Washington, DC 20024. If possible, please submit your paper 
comment to the Commission by courier or overnight service.
    Because your comment will be placed on the public record, you are 
solely responsible for making sure that your comment does not include 
any sensitive or confidential information. In particular, your comment 
should not include any sensitive personal information, such as your or 
anyone else's Social Security number; date of birth; driver's license 
number or other state identification number, or foreign country 
equivalent; passport number; financial account number; or credit or 
debit card number. You are also solely responsible for making sure that 
your comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information. 
In addition, your comment should not include any ``trade secret or any 
commercial or financial information which . . . is privileged or 
confidential''--as provided by Section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including in 
particular competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the https://www.regulations.gov website--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    The FTC Act and other laws that the Commission administers permit 
the collection of public comments to consider and use in this 
proceeding as

[[Page 67352]]

appropriate. The Commission will consider all timely and responsive 
public comments that it receives on or before December 21, 2020. For 
information on the Commission's privacy policy, including routine uses 
permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2020-23417 Filed 10-21-20; 8:45 am]
BILLING CODE 6750-01-P