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

Citation85 FR 67350
Record Number2020-23417
Published date22 October 2020
SectionNotices
CourtFederal Trade Commission
Federal Register, Volume 85 Issue 205 (Thursday, October 22, 2020)
[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]
                =======================================================================
                -----------------------------------------------------------------------
                FEDERAL TRADE COMMISSION
                Agency Information Collection Activities; Proposed Collection;
                Comment Request; Extension
                AGENCY: Federal Trade Commission.
                ACTION: Notice.
                -----------------------------------------------------------------------
                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\
                ---------------------------------------------------------------------------
                 \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.
                ---------------------------------------------------------------------------
                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\
                ---------------------------------------------------------------------------
                 \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.
                ---------------------------------------------------------------------------
                [[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).
                ---------------------------------------------------------------------------
                 \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.
                ---------------------------------------------------------------------------
                 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
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT