60286 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

1FTC 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 FTC Rule 4.9(c), 16 CFR 4.9(c). 

2 ‘‘Consumer commodity’’ means any article, 

product, or commodity of any kind or class which 

Board of Governors of the Federal Reserve 

System, October 7, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–24174 Filed 10–9–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Extension 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Notice. 

SUMMARY: The FTC is seeking public 

comments on its proposal to extend 

through February 28, 2012, the current 

Paperwork Reduction Act (‘‘PRA’’) 

clearance for information collection 

requirements contained in its 

regulations under the Fair Packaging 

and Labeling Act (‘‘FPLA’’). That 

clearance expires on February 28, 2009. 

DATES: Comments must be filed by 

December 9, 2008. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Fair 

Packaging & Labeling Regs, PRA 

Comments, P074200’’ to facilitate the 

organization of comments. Please note 

that comments will be placed on the 

public record of this proceeding— 

including on the publicly accessible 

FTC website, at (http://www.ftc.gov/os/

publiccomments.shtm) — and therefore 

should not include any sensitive or 

confidential information. In particular, 

comments should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secrets and commercial or 

financial information obtained from a 

person and privileged or 

confidential. . . .,’’ as provided in Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

Commission Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). 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).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (http:// 

secure.commentworks.com/ftcFPLAregs) (and following the 

instructions on the web-based form). To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink 

(http://secure.commentworks.com/ftcFPLAregs). If this Notice appears at 

(http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at http://www.ftc.gov to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Fair Packaging & 

Labeling Regs, PRA Comments, 

P074200‘‘ reference both in the text and 

on the envelope, and should be mailed 

or delivered to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H-135 (Annex J), 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580. The FTC is requesting that 

any comment filed in paper form be sent 

by courier or overnight service, if 

possible, because U.S. postal mail in the 

Washington area and at the Commission 

is subject to delay due to heightened 

security precautions. 

The FTC Act and other laws 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, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. 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.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

requirements should be sent to Stephen 

Ecklund, Investigator, Division of 

Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Ave., N.W., 

Washington, D.C. 20580, (202) 326- 

2841. 

SUPPLEMENTARY INFORMATION: 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 

the PRA, the FTC is providing this 

opportunity for public comment before 

requesting that OMB extend the existing 

paperwork clearance for the regulations 

noted herein. 44 U.S.C. 3506(c)(2)(A). 

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. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before December 9, 2008. 

The FPLA, 15 U.S.C. 1451-1461, was 

enacted to eliminate consumer 

deception concerning product size 

representations and package content 

information. The regulations that 

implement the FPLA, 16 CFR Parts 500 

- 503, establish requirements for the 

manner and form of labeling applicable 

to manufacturers, packagers, and 

distributors of ‘‘consumer 

commodities.’’2 Section 4 of the FPLA 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60287 

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. 

See also (http://www.ftc.gov/os/statutes/fpla/

outline.html). 3To the extent that the FPLA-implementing 

regulations require sellers of consumer 

commodities to keep records that substantiate 

‘‘cents off,’’ ‘‘introductory offer,’’ and/or ‘‘economy 

size’’ claims, staff believes that most, if not all, of 

the records that sellers maintain would be kept in 

the ordinary course of business, regardless of the 

legal mandates. 4Staff has drawn upon the U.S. Census Bureau’s 

2002 economic census, the most recently complete 

census available, for arriving at the instant 

estimates. See (http://www.census.gov/econ/ 

census02/guide/SUBSUMM.HTM) and (http:// 

www.census.gov/prod/ec02/ec0231sg1.pdf) (Table 

2). 

5Although the estimates are non-rounded figures, 

they remain estimates as they are the sum total of 

projected industry codes subject to the FPLA. But, 

even allowing for industries that may apply, the 

Census data do not separately break out nonhousehold products from household use and, 

accordingly, overstate what is actually subject to the 

FPLA. 

6 ‘‘Specialized clerical support’’ consists of 

graphic design specialists, working by computer to 

design the appearance and layout of product 

packaging, including appropriate display of the 

disclosures required by the FPLA regulations. 

7Based generally on the National Compensation 

Survey: Occupational Earnings in the United States, 

2007, U.S. Department of Labor, Bureau of Labor 

Statistics (August 2008) (‘‘BLS National 

Compensation Survey’’) (citing the mean hourly 

earnings for management occupations, legal 

occupations/lawyers, and assorted clerical 

positions), available at (http://www.bls.gov/ncs/ocs/ 

sp/nctb0300.pdf). Clerical estimates are derived 

from the above source data, applying roughly a midrange of mean hourly rates for potentially 

applicable clerical types, e.g., computer operators, 

data entry and information processing workers. 

specifically 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 a company that is 

responsible for the product. 

Estimated annual hours burden: 

7,570,740 total burden hours (solely 

relating to disclosure3). 

As in the past, Commission staff has 

used census data4 to estimate the 

number of companies subject to the 

FPLA. Staff conservatively estimates5

that approximately 757,074 

manufacturers, packagers, distributors, 

and retailers of consumer commodities 

make disclosures at an average burden 

of ten hours per entity, for a total 

disclosure burden of 7,570,740 hours. 

Estimated annual cost burden: 

$158,985,540 (solely relating to labor 

costs). 

The estimated annual labor cost 

burden associated with the FPLA 

disclosure requirements consists of an 

estimated hour of managerial and/or 

professional time per covered entity (at 

an estimated average hourly rate of $55), 

plus two hours of specialized clerical 

support6 (at an estimated average hourly 

rate of $25), and seven hours of clerical 

time per covered entity (at an estimated 

average hourly rate of $15), for a total 

of $158,985,540 ($210 per covered 

entity x 757,074 entities).7

Total capital and start-up costs are de 

minimis. For many years, the packaging 

and labeling activities that require 

capital and start-up costs have been 

performed by covered entities in the 

ordinary course of business 

independent of the FPLA and 

implementing regulations. Similarly, 

firms provide in the ordinary course of 

business the information that the statute 

and regulations require be placed on 

packages and labels. 

William Blumenthal 

General Counsel 

[FR Doc. E8–24210 Filed 10–9–08: 8:45 am] 

[Billing code: 6750–01–S] 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Secretary’s Advisory Committee on 

Human Research Protections; Notice 

of Meetings 

AGENCY: Office of Public Health and 

Science, Office of the Secretary, HHS. 

ACTION: Notice. 

SUMMARY: Pursuant to Section 10(a) of 

the Federal Advisory Committee Act, 

U.S.C. Appendix 2, notice is hereby 

given that the Secretary’s Advisory 

Committee on Human Research 

Protections (SACHRP) will hold its 

seventeenth meeting. The meeting will 

be open to the public. 

DATES: The meeting will be held on 

Monday, October 27, 2008 from 8:30 

a.m. until 4:30 p.m. and Tuesday, 

October 28, 2008 from 8:30 a.m. until 

4:30 p.m. 

ADDRESSES: The Sheraton National 

Hotel, 900 South Orme Street, 

Arlington, Virginia 22204. Phone: 703– 

521–1900. 

FOR FURTHER INFORMATION CONTACT: Ivor 

Pritchard, PhD, Acting Director, Office 

for Human Research Protections 

(OHRP), or Julia Gorey, JD, Executive 

Director, Secretary’s Advisory 

Committee on Human Research 

Protections (SACHRP); U.S. Department 

of Health and Human Services, 1101 

Wootton Parkway, Suite 200, Rockville, 

Maryland 20852; 240–453–8141; fax: 

240–453–6909; e-mail address: 

sachrp@osophs.dhhs.gov. 

SUPPLEMENTARY INFORMATION: Under the 

authority of 42 U.S.C. 217a, Section 222 

of the Public Health Service Act, as 

amended, SACHRP was established to 

provide expert advice and 

recommendations to the Secretary of 

Health and Human Services and the 

Assistant Secretary for Health on issues 

and topics pertaining to or associated 

with the protection of human research 

subjects. 

On October 27, 2008, the morning 

session will begin with a SACHRP 

update. Members of OHRP and the 

Office of the General Counsel will make 

brief presentations on the status of 

SACHRP recommendations that have 

been approved to date, the OHRP 

guidance and Federal rulemaking 

process, and the status of OHRP budget 

and staffing. This will be followed by a 

period of discussion. In the afternoon, 

SACHRP will receive a report from the 

Subpart A Subcommittee. This 

subcommittee is charged with 

developing recommendations for 

consideration by SACHRP regarding the 

application of Subpart A of 45 CFR part 

46 in the current research environment. 

This subcommittee was established by 

SACHRP at its October 4–5, 2006 

meeting. 

The following day, October 28, 2008, 

the Subcommittee on Inclusion of 

Individuals with Impaired DecisionMaking in Research will present and 

discuss their current report. The 

Subcommittee on Inclusion of 

Individuals with Impaired DecisionMaking in Research is charged with 

developing recommendations for 

consideration by SACHRP about 

whether guidance and/or additional 

regulations are needed for research 

involving individuals with impaired 

decision-making capacity. This 

subcommittee was formed as a result of 

discussions during the July 31–August 

1, 2006 SACHRP meeting. The afternoon 

session will consist of an invited panel 

of community and consumer 

representatives who will discuss their 

reaction and provide feedback on the 

subcommittee’s recommendations. 

Public attendance at the meeting is 

limited to space available. Individuals 

who plan to attend the meeting and 

need special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

notify the designated contact persons. 

Members of the public will have the 

opportunity to provide comments on 

both days of the meeting. Public 

comment will be limited to five minutes 

per speaker. Any members of the public 

who wish to have printed materials 

distributed to SACHRP members for this 

scheduled meeting should submit 

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