Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Notices 22561

1The Commission seeks comment on the costs

and burdens imposed by the existing smokeless

tobacco regulations. In March 2000, the

Commission commenced a regulatory review of its

smokeless tobacco regulations to determine whether

there is a continuing need for the regulations and,

if so, what revisions, if any, should be made. 65 FR

11944 (Mar. 7, 2000). In addition to comments

sought on the costs and benefits of the existing

regulations, the Commission requested comment on

whether the regulations are effective in meeting the

Smokeless Tobacco Act’s format and display

requirements and whether the current ‘‘safe harbor’’

approach is sufficiently enforceable. If the

Commission determines that the regulations should

be amended, it will commence a rulemaking

proceeding. Should resulting amendments

materially affect PRA burden, the Commission will

notify OMB and seek amended clearance.

2 In March 2000, the Commission commenced a

regulatory review of its smokeless tobacco

regulations to determine whether there is a

continuing need for the regulations and, if so, what

revisions, if any, should be made. In addition to

questions concerning the costs and benefits of the

existing regulations, the Commission requested

comment on whether the regulations are effective

in meeting the Smokeless Tobacco Act’s format and

display requirements and whether the current ‘‘safe

harbor’’ approach is sufficiently enforceable. If the

Continued

FEDERAL RETIREMENT THRIFT

INVESTMENT BOARD

Sunshine Act Notice

TIME AND DATE: 9 a.m. (EDT), May 14,

2001.

PLACE: 4th Floor, Conference Room,

1250 H Street, NW., Washington, DC.

STATUS: Open.

MATTERS TO BE CONSIDERED:

1. National Finance Center Record

Keeping and New TSP System.

2. Congressional/Agency/Participant

Liaison

3. Benefits and Investments

4. Participant Communications

5. Approval of the minutes of the

April 9, 2001, Board member meeting

6. Thrift Savings Plan Activity Report

by the Executive Director

7. Approval of the Update of the FY

2001 Budget and FY 2002 Estimates

8. Investment Policy Review

9. Status of Audit Recommendations

FOR FURTHER INFORMATION CONTACT:

Thomas J. Trabucco, Director, Office of

External Affairs, (202) 942–1640.

Elizabeth S. Woodruff,

Secretary to the Board, Federal Retirement

Thrift Investment Board.

[FR Doc. 01–11404 Filed 5–2–01; 12:58 pm]

BILLING CODE 6760–01–M

FEDERAL TRADE COMMISSION

Agency Information Collection

Activities; Proposed Collection;

Comment Request; Extension

AGENCY: Federal Trade Commission

(FTC or ‘‘Commission’’).

ACTION: Notice.

SUMMARY: The information collection

requirements described below will be

submitted to the Office of Management

and Budget (OMB) for review, as

required by the Paperwork Reduction

Act (PRA). The FTC is seeking public

comments on its proposal to extend

through August 31, 2004 the current

PRA clearance for information

collection requirements contained in its

regulations under the Comprehensive

Smokeless Tobacco Health Education

Act of 1986 (‘‘Smokeless Tobacco Act’’

or the ‘‘Act’’). That clearance expires on

August 31, 2001.

DATES: Comments must be submitted on

or before July 3, 2001.

ADDRESSES: Send written comments to

Secretary, Federal Trade Commission,

Room H–159, 600 Pennsylvania Ave.,

NW., Washington, DC 20580. All

comments should be captioned

‘‘Smokeless Tobacco Regulations:

Paperwork comment.’’

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the proposed information

requirements should be addressed to

Rosemary Rosso, Attorney, Division of

Advertising Practices, Bureau of

Consumer Protection, Federal Trade

Commission, Washington, DC 20580,

(202) 326–2174.

SUPPLEMENTARY INFORMATION: Under the

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

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

FTC is providing this opportunity for

public comment before requesting that

OMB extend the existing paperwork

clearance for the Smokeless Tobacco

Act regulations (OMB Control Number

3084–0082).1

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.

Description of the collection of

information and proposed use: The

Smokeless Tobacco Act requires that

manufacturers, packagers, and importers

of smokeless tobacco products include

one of three specified health warnings

on packages and in advertisements. The

Act also requires that each

manufacturer, packager, and importer of

smokeless tobacco products submit a

plan to the Commission specifying the

method to rotate, display, and distribute

the warning statement required to

appear in advertising and labeling. The

Commission is required by the Act to

determine that these plans provide for

rotation, display, and distribution of

warnings in compliance with the Act

and implementing regulations. With one

exception, all of the affected companies

have previously filed plans. However,

the plan submission requirement

continues to apply to a company that

amends its plan, or to a new company

that enters the market.

Burden Statement

Estimated annual hours burden: 1,000

hours (rounded). The FTC is retaining

its existing burden estimate of 1,000

hours. This amount is based on the

burden previously estimated for

fourteen smokeless tobacco companies

to prepare and submit amended

compliance plans, and to permit at least

three new companies to submit initial

compliance plans. Though staff’s

calculations underlying the estimate

totaled 560 hours, staff then

conservatively rounded up its estimate

to 1,000 hours. Staff firmly believes that

this prior rounded estimate will fully

incorporate any incremental effects of

an additional three companies

submitting plans.

Virtually all affected companies long

ago filed their plans with the

Commission. Additional annual

reporting burdens would occur only if

those companies opt to change the way

they display the warnings required by

the Smokeless Tobacco Act. Although it

is not possible to predict whether any of

these companies will seek to amend an

existing approved plan (and possibly

none will), staff conservatively assumes

that each company will file one

amendment per year. This estimate is

conservative because, over the past

three years, the Commission has

reviewed only two minor amendments

to plans and the Commission has not

changed the relevant regulations.2 The

22562 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Notices

Commission determines that the regulations should

be amended, it will commence a rulemaking

proceeding. Should any resulting amendments

materially affect burden under the PRA, the

Commission will notify OMB and seek amended

clearance.

3This company has been selling smokeless

tobacco products for several years, but failed to

submit a plan as required by the Act and the

regulations. The company currently is in the

process of obtaining approval of a complying

rotational plan. Thus, most, if not all, of the 150

estimated burden hours likely will have been

expended before August 31, 2001. However, erring

on the conservative side, staff has included these

hours in its burden estimate.

estimated time to prepare the two

amended plans is less than 20 hours

each. The only major amendment of an

approved plan, occurring more than

three years ago, required only 40 hours

to prepare, which is considerably less

time than individual companies spent

preparing their initial plans.

Commission staff believes it reasonable

to assume that each company would

consume no more than 40 hours to

prepare an amended plan.

Commission staff also estimates that

one smokeless tobacco manufacturer

will file an initial plan, for an additional

burden of approximately 150 hours.3

When the regulations were first

proposed in 1986, representatives of the

Smokeless Tobacco Council, Inc.

indicated that the six companies it

represented would require

approximately 700 to 800 hours in total

(133 hours apiece) to complete the

initial required plans. Staff assumed

that other companies, whose plans were

prepared by various other

representatives, would require more

time, on average, to complete their

plans. Staff estimated that this latter

group of companies would each require

approximately 150 hours, and it

believes this estimate remains

reasonable.

In addition to the estimates above, the

Commission anticipates that in the next

three years, up to two small importers

may submit initial plans, for an

additional burden of approximately 80

hours. Over the past three years, two

small importers submitted initial plans.

Because these plans involved only a

limited number of brands and no

advertising, the estimated time to

prepare the plans was very modest. Staff

estimates that the companies spent no

more than 40 hours each to prepare the

plans.

Based on these assumptions, the total

annual hours burden should not exceed

1,000 hours. [(14 companies × 40 hrs.

each) + (one company × 150 hours) + (2

companies × 40 hrs.) = 780 total hours,

rounded to one thousand hours.]

Estimated annual labor cost burden:

$103,000

The total annualized labor cost to

these companies should not exceed

$103,000. This is based on the

assumption that management or

attorneys will account for 80% of the

estimated 1,000 hours required to

rewrite or amend the plans, at an hourly

rate of $125, and that clerical support

will account for the remaining time

(20%) at an hourly rate of $15.

(Management and attorneys’ time (1,000

hrs. × 0.8 × $15 = $3,000).

Estimated annual non-labor cost

burden: $0 or minimal.

The Commission knows of no

recordkeeping cost burden associated

with the plans for the display of the

warnings. The companies may keep

copies of their plans to ensure that

labeling and advertising complies with

the requirements of the Smokeless

Tobacco Act. Such recordkeeping would

require the use of office supplies, e.g.,

file folders and paper, all of which the

companies should have on hand in the

ordinary course of their business.

While companies submitting initial

plans may incur one-time capital

expenditures for equipment used to

print package labels in order to include

the statutory health warnings or to

prepare acetates for advertising, the

warnings themselves disclose

information completely supplied by the

federal government. As such, the

disclosure does not constitute a

‘‘collection of information’’ as it is

defined in the regulations implementing

the PRA, nor by extension, do the

financial resources expended in relation

to it constitute paperwork ‘‘burden.’’

See 5 CFR 1320.3(c)(2). Moreover, any

expenditures relating to the statutory

health warning requirements would

likely be minimal in any event. As

noted above, virtually all affected firms

have already submitted approved plans.

For these companies, there are no

capital expenditures. After the

Commission approves a plan for the

display of the warnings required by the

Smokeless Tobacco Act, the companies

are required to make additional

submissions to the Commission only if

there is a change in the way that they

choose to display the warnings. Once

the companies have prepared plates to

print the required warnings on their

labels, there are no additional set-up

costs associated with the display of the

warnings in labeling. Similarly, once the

companies have prepared acetates of the

required warnings for advertising and

promotional materials, there are no

additional set-up costs associated with

printing the warnings in those materials.

Finally, capital expenditures for small

importers are likely to be de minimis.

Both firms that submitted plans over the

past three years used stickers to place

the warnings on their packages. The

stickered warnings could be generated

with office equipments and supplies

such as computers and labels, all of

which the companies should have on

hand in the ordinary course of their

business. Because neither firm engaged

in any advertising, no costs associated

with advertising were incurred.

Christian S. White,

Acting General Counsel.

[FR Doc. 01–11237 Filed 5–3–01; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

Agency Information Collection

Activities; Proposed Collection;

Comment Request; Extension

AGENCY: Federal Trade Commission

(FTC).

ACTION: Notice.

SUMMARY: The information collection

requirements described below will be

submitted to the Office of Management

and Budget (OMB) for review, as

required by the Paperwork Reduction

Act (PRA). The FTC is seeking public

comments on its proposal to extend

through August 31, 2004 the current

PRA clearance for information

collection requirements contained in its

Telemarketing Sales Rule, 16 CFR part

435 (‘‘TSR’’ or ‘‘Rule’’). That clearance

expires on August 31, 2001.

DATES: Comments must be submitted on

or before June 4, 2001.

ADDRESSES: Send written comments to

Secretary, Federal Trade Commission,

Room H–159, 600 Pennsylvania Ave.,

NW., Washington, DC 20580. All

comments should be captioned

‘‘Telemarketing Sales Rule: Paperwork

comment.’’

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the proposed information

requirements should be addressed to

Karen Leonard, Attorney, Division of

Marketing Practices, Bureau of

Consumer Protection, Federal Trade

Commission, Room H–238, 600

Pennsylvania Ave., NW., Washington,

DC 20580, (202) 326–3597.

SUPPLEMENTARY INFORMATION: Under the

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