Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60941 

1There is no comparable alternative to quarterly 

rotation for cigarette advertising. 

2The statute defines ‘‘brand style’’ as ‘‘a variety 

of cigarettes distinguished by the tobacco used, tar 

and nicotine content, flavoring used, size of the 

cigarette, filtration on the cigarette, or packaging.’’ 

15 U.S.C. 1332(8). 

3Manufacturers and importers must also submit 

samples of actual packaging for any new cigarette 

brands or brand styles, or samples of new packaging 

for existing brands or brand styles. However, this 

requirement is not subject to clearance under the 

Paperwork Reduction Act (‘‘PRA’’). Such packaging 

samples do not constitute ‘‘information’’ for 

purposes of the PRA because they merely constitute 

‘‘samples of . . . physical objects.’’ See 5 CFR 

1320.3(h)(2). Accordingly, the burden associated 

with the submission of any such samples is not 

reflected in the Commission’s burden analysis 

below. 

Raymond Kido, Paradise Valley, 

Arizona, and Anat Bird, Scottsdale, 

Arizona; to become co-trustees of the G. 

Jeffrey Records, Jr. 2003 Family Trust; 

G. Jeffrey Records, Jr. 2004 Family Trust 

(KRR); G. Jeffrey Records, Jr. 2004 

Family Trust (MER); G. Jeffrey Records, 

Jr. 2008 GST Exempt Family Trust; and 

2012 Dorchester Trust; and 

Anat Bird; to also become co-trustee 

of the G. Jeffrey Records, Jr. 2020 Family 

Trust. 

As a result, each of the above-listed 

individuals would indirectly acquire 

control of voting shares of Midland 

Financial Co. and thereby indirectly 

acquire control of voting shares of 

Midfirst Bank, both of Oklahoma City, 

Oklahoma. 

Board of Governors of the Federal Reserve 

System. 

Michele Taylor Fennell, 

Deputy Associate Secretary of the Board. 

[FR Doc. 2023–19196 Filed 9–5–23; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request 

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 comments on its proposal to seek 

Office of Management and Budget 

(‘‘OMB’’) clearance for information 

collection requirements contained in the 

Federal Cigarette Labeling and 

Advertising Act, which requires the FTC 

to review plans for the rotation of health 

warnings on cigarette packaging and 

advertising. The proposed clearance 

request will be submitted to OMB for 

review following this opportunity for 

public comment. The current clearance 

expires on January 31, 2024, and the 

FTC intends to seek OMB renewal for 

three years. 

DATES: Comments must be received on 

or before November 6, 2023. 

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: ‘‘Surgeon General’s 

Cigarette Health Warnings: Paperwork 

Comment, FTC File No. P854505’’ on 

your comment, and file your comment 

online at https://www.regulations.gov by 

following the instructions on the webbased 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. 

FOR FURTHER INFORMATION CONTACT: 

Shira Modell, General Attorney, 

Division of Advertising Practices, 

Bureau of Consumer Protection, (202) 

725–2162, smodell@ftc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Federal Cigarette Labeling and 

Advertising Act, 15 U.S.C. 1331 et seq. 

(2006 ed.) (‘‘FCLAA’’), prohibits 

cigarette manufacturers and importers 

from manufacturing, packaging, 

importing for sale, or distributing 

cigarettes within the United States 

unless the packages bear one of four 

statutorily-prescribed Surgeon General’s 

health warnings. 15 U.S.C. 1333(a). 

Cigarette advertising by any of these 

entities must also bear statutorilyprescribed health warnings. Id. Section 

1333(b) sets forth the location and 

format requirements for the health 

warnings on both packaging and 

advertising. 

The FCLAA further provides that the 

health warnings ‘‘shall be rotated by 

each manufacturer or importer . . . 

quarterly in alternating sequence on 

packages of each brand of cigarettes 

manufactured by the manufacturer or 

importer and in the advertisements for 

each such brand of cigarettes in 

accordance with a plan submitted by the 

manufacturer or importer and approved 

by the Federal Trade Commission.’’ 15 

U.S.C. 1333(c)(1). 

The FCLAA does provide an 

alternative to the requirement of 

quarterly rotation on cigarette packaging 

for manufacturers and importers whose 

sales satisfy two criteria.1 These 

manufacturers and importers can seek 

approval to display the Surgeon 

General’s warnings on a particular 

cigarette brand style 2 ‘‘an equal number 

of times within the twelve-month period 

beginning on the date of the approval by 

the Commission of the application’’ 

(hereinafter referred to as 

‘‘equalization’’). 15 U.S.C. 1333(c)(2)(C). 

In order to qualify for equalization, the 

sales of a manufacturer or importer must 

meet the following two criteria: 

(i) the number of cigarettes of such brand 

style sold in the fiscal year of the 

manufacturer or importer preceding the 

submission of the application is less than 

one-fourth of 1 percent of all the cigarettes 

sold in the United States in such year, and 

(ii) more than one-half of the cigarettes 

manufactured or imported by such 

manufacturer or importer for sale in the 

United States are packaged into brand styles 

which meet the requirements of clause (i). 

15 U.S.C. 1333(c)(2)(A). A 

manufacturer or importer can seek 

permission to equalize the display of the 

warnings on some of its brand styles, 

even if other brand styles do not qualify 

for equalization and are therefore 

subject to quarterly rotation. 

Pursuant to the FCLAA, cigarette 

manufacturers and importers submit 

plans to the Commission explaining 

how they intend to comply with the 

statutory requirement to display the 

Surgeon General’s warnings on their 

packaging.3 If the company will be 

rotating the warnings on a quarterly 

basis, its plan must identify each of its 

brands and brand styles and include a 

schedule (or other explanation) showing 

the warning that will be assigned to 

each brand during each quarter of the 

year. The company must also specify 

when in the manufacturing process it 

will consult its rotation schedule for 

that particular brand in order to assign 

the appropriate quarterly warning. 

If the company wishes to use the 

option provided by section 1333(c)(2) 

and display the four warnings an equal 

number of times during the year on the 

packaging of certain brand styles, its 

plan must provide information 

sufficient to show that its sales satisfy 

both of the criteria in 15 U.S.C. 

1333(c)(2)(A). It must also explain how 

it will ensure that all four warnings will 

be equally displayed during the oneyear period beginning on the date the 

plan is approved—for example, by using 

printing plates that produce an even 

number of all four warnings 

simultaneously on each print run. 

Finally, because the statute authorizes 

approval for equalization only for one 

year, see 15 U.S.C. 1333(c)(2)(C), the 


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60942 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

4The formats and sizes of the warnings that the 

Commission uses to enforce the requirements for 

advertisements are set forth in acetate exhibits. 

Electronic versions of the acetates with the required 

warning statement formats are available on the 

Commission’s website. 

5An agency’s failure to obtain OMB clearance for 

a statutorily-mandated information collection 

requirement does not appear to excuse a 

respondent’s failure to comply with the 

requirement. Accord 5 CFR 1320.6(e) (establishing 

that, for purposes of information collection 

requirements that are imposed by statute, an 

agency’s failure to comply with the requirements of 

the PRA does not amount to a defense against the 

assessment of a penalty); U.S. v. Ionia Management 

S.A., 498 F. Supp. 2d 477, 489 (D. Conn. 2007) 

(discussing that, for purposes of information 

collection requirements that are imposed by statute, 

an agency’s failure to comply with the requirements 

of the PRA does not excuse a person’s failure to 

comply with the requirement). 

6This is derived from the average of the U.S. 

Bureau of Labor Statistics Occupational 

Employment and Wage Statistics (May 2022) hourly 

wages for lawyers/legal services ($80.11) and 

general and operations managers ($59.07), as 

roughly half of the plans submitted to the 

Commission are signed by attorneys and half by 

non-attorneys. https://www.bls.gov/oes/current/oes_

stru.htm (Tables 23–1011, 11–1021). 

manufacturer or importer must submit a 

new plan annually demonstrating that 

its sales continue to qualify for 

equalization. 

Manufacturers and importers who 

intend to engage in advertising must 

provide the Commission with a rotation 

schedule for the four statutorilyprescribed warnings for each brand they 

intend to advertise. They also must 

provide an example of each of the 

warning statement formats they will 

use, which vary based on the size of 

their advertisement,4 and specify how 

they will determine which warnings 

will appear on different kinds of 

advertisements and how they will 

handle advertisements that feature more 

than one of the company’s brands. 

Since the information collection is 

statutorily prescribed, the need for OMB 

clearance was not necessarily apparent.5

Nonetheless, the FTC recently decided 

to obtain OMB clearance for this 

statutorily-mandated information 

collection. Accordingly, on July 28, 

2023, the FTC obtained OMB’s approval 

of an expedited provisional clearance 

for this information collection (OMB 

Control Number: 3084–0175, Title: 

Information Collection under the 

Federal Cigarette Labeling and 

Advertising Act), and, under 5 CFR 

1320.13(d), a waiver of the requirement 

to publish a notice of the emergency 

clearance request. As required by 

section 3506(c)(2)(A) of the PRA, the 

FTC is providing this opportunity for 

public comment before submitting the 

information collection to OMB for its 

nonprovisional clearance. 

B. Burden Statement 

Affected Public: Private Sector: 

Businesses and other for-profit entities. 

Estimated Annual Burden Hours: 336. 

Estimated Annual Labor Costs: 

$23,382. 

Estimated Annual Non-Labor Costs: 

$0. 

I. Estimated Burden Hours 

FTC staff’s estimate of the burden 

hours is based on the time required for 

an applicant to prepare a plan seeking 

the Commission’s approval for display 

of the Surgeon General’s health 

warnings on its packages and 

advertising (assuming it plans to engage 

in advertising). During the period from 

2020 to 2022, the Commission approved 

a total of 124 plans. In 2022, all 44 of 

the plans approved by the Commission 

included a request for equalization of 

the warning labels on at least some 

brand styles, and thus, the submission 

of sales information for those brand 

styles. 

Manufacturers and importers who are 

approved for quarterly rotation of the 

warnings on their packaging do not have 

to submit new plans unless and until 

they intend to add new brands or brands 

styles or new types of advertising to 

their existing plans. As explained above, 

manufacturers and importers that are 

approved to use the alternative to 

quarterly rotation on their packaging 

must refile each year so the Commission 

can assess whether they remain eligible 

to equalize the warnings. They also 

must file new plans if they add new 

brands or brand styles to their existing 

plans; once the company has obtained 

approval for its initial plan, however, it 

should need less time in subsequent 

years to prepare those updates. 

Moreover, the sales information 

required to prove eligibility for the 

alternative to quarterly rotation is 

readily available to the applicant. 

FTC staff recognizes that preparation 

of a plan by a manufacturer or importer 

that has not previously submitted one 

will take somewhat more time than 

either preparation of essentially the 

same plan with updated sales figures in 

subsequent years, or preparation of a 

very similar plan that modifies a 

previously-approved plan (e.g., adding 

new brand styles). However, plans can 

be short (e.g., 2-page) letters, and 

numerous examples of plans already 

approved by the Commission are 

available on the Commission’s website. 

Thus, as an approximation, FTC staff 

believes that, on average, each 

submission will take respondents 8 

hours to prepare and submit. As FTC 

staff receives, on average, 42 responses 

related to the FCLAA’s information 

collection requirements per year, this 

yields an annual burden of 336 hours 

(42 responses × 8 hours per response). 

2. Estimated Annual Labor Costs 

FTC staff’s experience is that most of 

the plans it receives are submitted by, 

or on behalf of, relatively small 

companies (as evidenced by the fact that 

all of the plans received in 2022 

included requests for label 

equalization). Roughly half of the plans 

are submitted by non-legal company 

personnel, the other half by attorneys. 

FTC staff is assuming an average $69.59/ 

hour wage, based on mean hourly wages 

listed by the U.S. Bureau of Labor 

Statistics 2022 Occupational 

Employment and Wage Statistics for 

lawyers ($80.11) and general and 

operations managers ($59.07).6 Using 

this figure, this yields a burden of 

$23,382 per year (336 hours × $69.59). 

3. Estimated Annual Non-Labor Costs 

FTC staff believes that the capital or 

other non-labor costs associated with 

the information requests are minimal. 

C. Request for Comment 

Pursuant to Section 3506(c)(2)(A) of 

the PRA, the FTC invites comments on: 

(1) whether the disclosure and 

recordkeeping requirements are 

necessary, including whether the 

information will be practically useful; 

(2) the accuracy of our burden estimates, 

including whether the methodology and 

assumptions used are valid; (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. 

For the FTC to consider a comment, 

we must receive it on or before 

November 6, 2023. 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 ‘‘Surgeon General’s Cigarette 

Health Warnings: Paperwork Comment, 

FTC File No. P854505’’ on your 

comment and on the envelope, and mail 

it to the following address: Federal 

Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW, Suite CC–5610 (Annex J), 

Washington, DC 20580. 

Because your comment will become 

publicly available at https://

www.regulations.gov, 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 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60943 

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 (1) be filed in paper 

form, (2) be clearly labeled 

‘‘Confidential,’’ and (3) 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 publicly at 

www.regulations.gov, 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 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before November 6, 2023. 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. 2023–19185 Filed 9–5–23; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0199; Docket No. 

2023–0053; Sequence No. 5] 

Submission for OMB Review; 

Prohibition on Contracting for Certain 

Telecommunications and Video 

Surveillance Services or Equipment 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat Division has 

submitted to the Office of Management 

and Budget (OMB) a request to review 

and approve a revision of a previously 

approved information collection 

requirement regarding Prohibition on 

Contracting for Certain 

Telecommunications and Video 

Surveillance Services or Equipment. 

DATES: Submit comments on or before 

October 6, 2023. 

ADDRESSES: Written comments and 

recommendations for this information 

collection should be sent within 30 days 

of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

Additionally, submit a copy to GSA 

through https://www.regulations.gov 

and follow the instructions on the site. 

This website provides the ability to type 

short comments directly into the 

comment field or attach a file for 

lengthier comments. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0199, 

Prohibition on Contracting for Certain 

Telecommunications and Video 

Surveillance Services or Equipment. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. If there are 

difficulties submitting comments, 

contact the GSA Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Malissa Jones, Procurement Analyst, at 

telephone 571–882–4687, or 

malissa.jones@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and 

Any Associated Form(s) 

9000–0199, Prohibition on 

Contracting for Certain 

Telecommunications and Video 

Surveillance Services or Equipment. 

B. Needs and Uses 

DoD, GSA, and NASA are combining 

OMB Control Nos. for the Federal 

Acquisition Regulation (FAR) by FAR 

part. This consolidation is expected to 

improve industry’s ability to easily and 

efficiently identify burdens associated 

with a given FAR part. The review of 

the information collections by FAR part 

allows improved oversight to ensure 

there is no redundant or unaccounted 

for burden placed on industry. Lastly, 

combining information collections in a 

given FAR part is also expected to 

reduce the administrative burden 

associated with processing multiple 

information collections. 

This justification supports the 

revision of OMB Control No. 9000–0199 

and combines it with the previously 

approved information collections under 

OMB Control Nos. 9000–0201, with the 

title ‘‘Prohibition on Contracting for 

Certain Telecommunications and Video 

Surveillance Services or Equipment’’. 

Upon approval of this consolidated 

information collection, OMB Control 

Nos. 9000–0201 will be discontinued. 

The burden requirements previously 

approved under the discontinued 

numbers will be covered under OMB 

Control No. 9000–0199. 

This clearance covers the information 

that offerors and contractors must 

submit to comply with the following 

FAR requirements listed in the order in 

which offerors and contractors provide 

the information: 

• FAR 52.204–26, Covered 

Telecommunications Equipment or 

Services—Representation. This 

provision requires offerors to: 

Æ Review the list of excluded parties 

in SAM for entities excluded from 

receiving Federal awards for ‘‘covered 

telecommunications equipment or 

services’’. 

Æ Represent whether it does or does 

not provide covered 

telecommunications equipment or 

services as a part of its offered products 

or services to the Government in the 

performance of any contract, 

subcontract, or other contractual 

instrument. 


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