Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60699 

1 FTC 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 73 FR 42346. 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request 

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. The FTC is seeking public 

comments on its proposal to extend 

through October 31, 2011, the current 

OMB clearance for the information 

collection requirements pertaining to 

the Commission’s administrative 

activities. That clearance expires on 

October 31, 2008, and consists of: (a) 

applications to the Commission, 

including applications and notices 

contained in the Commission’s Rules of 

Practice (primarily Parts I, II, and IV); 

(b) the FTC’s consumer complaint 

systems; (c) the FTC’s program 

evaluation activities and; (d) the FTC’s 

Applicant Background Form. 

DATES: Comments must be filed by 

November 13, 2008. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to 

‘‘Administrative Activities: FTC File No. 

P911409’’ 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: (https:// 

secure.commentworks.com/ftcadminactivitiespra2) (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: 

(https://secure.commentworks.com/ftcadminactivitiespra2). 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 (https:// 

secure.commentworks.com/ftcadminactivitiespra2) 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. 

All comments should additionally be 

submitted to: Office of Management and 

Budget, Attention: Desk Officer for the 

Federal Trade Commission. Comments 

should be submitted via facsimile to 

(202) 395-6974 because U.S. Postal Mail 

is subject to lengthy delays 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 

should be addressed to Nick 

Mastrocinque, Attorney; Edwin 

Acajabon, Program Manager, Division of 

Planning and Information, Bureau of 

Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Ave., 

N.W., H-228, Washington, D.C. 20580, 

(202) 326-3188; (202) 326-3684. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act (‘‘PRA’’), 44 

U.S.C. 3501-3520, federal agencies must 

obtain approval from OMB for each 

collection of information they conduct 

or sponsor. On July 21, 2008, the FTC 

sought comment on the information 

collection requirements pertaining to 

the Commission’s administrative 

activities (OMB Control Number 3084- 

0047).2 No comments were received. 

Pursuant to the OMB regulations that 

implement the PRA (5 CFR Part 1320), 

the FTC is providing this second 

opportunity for public comment while 

seeking OMB approval to extend the 

existing paperwork clearance for the 

Commission’s administrative activities. 

All comments should be filed as 

prescribed in the ADDRESSES section 

above, and must be received on or 

before November 13, 2008. 

The Commission’s Administrative 

Activities clearance consists of: (a) 

applications to the Commission, 

including applications and notices 

contained in the Commission’s Rules of 

Practice (primarily Parts I, II, and IV); 

(b) the FTC’s consumer complaint 

systems; (c) FTC program evaluation 

activities; and (d) the FTC’s Applicant 

Background Form. 

Estimated annual hours burden: 

380,295 hours. 

(a) Applications to the Commission, 

including applications and notices 

contained in the Commission’s Rules of 

Practice: 100 hours 

Most applications to the Commission 

generally fall within the ‘‘law 


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60700 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 

3 The ‘‘law enforcement’’ exception to the PRA 

excludes most items in this subcategory because 

they involve collecting information during the 

conduct of a Federal investigation, civil action, 

administrative action, investigation, or audit with 

respect to a specific party, or subsequent 

adjudicative or judicial proceedings designed to 

determine fines or other penalties. See 44 U.S.C. 

3518(c)(1); 5 CFR 1320.4(a)(1)-(3). 

4 Staff’s estimates do not include Rule 4.1 

submissions that pertain to ongoing law 

enforcement matters. See supra note 3. 

5 This is a slight increase from staff’s 2005 

estimates because of additional information 

collected, such as comments and three optional yesor-no questions. 

6 This is a 5 minute increase from staff’s 2005 

estimate in order to account for the time it will take 

consumers to fill out the blank complaint form. 

enforcement’’ exception to the PRA3

and are mostly found in Part III (Rules 

of Practice for Adjudicative 

Proceedings) of the Commission’s Rules 

of Practice. See 16 CFR 3.1-3.83. 

Nonetheless, there are various 

applications and notices to the 

Commission contained in other rules 

(generally in Parts I, II, and IV of the 

Commission’s Rule of Practice). For 

example, staff estimates that the FTC 

annually receives approximately 15 

requests for clearance submitted by 

former FTC employees in order to 

participate in certain matters and 5 

screening affidavits submitted by 

partners or legal or business associates 

of former employees pursuant to Rule 

4.1, 16 CFR 4.1.4 There are also 

procedures set out in Rule 4.11(e) for 

agency review of outside requests for 

Commission employee testimony, 

through compulsory process or 

otherwise, in cases or matters to which 

the agency is not a party. Rule 4.11(e) 

requires that a person who seeks such 

testimony submit a statement in support 

of the request. Staff estimates that 

agency personnel receive approximately 

1 request per month or 12 per year. 

Other types of applications and notices 

are either infrequent or difficult to 

quantify. Nonetheless, in order to cover 

any potential ‘‘collection of 

information’’ for which separate 

clearance has not been sought, staff 

conservatively projects the FTC will 

receive 50 applications or notices per 

year. Staff estimates each respondent 

will incur, on average, approximately 2 

hours of burden to submit an 

application or notice, resulting in a 

cumulative annual total of 100 burden 

hours (50 applications or notices x 2 

burden hours). 

Annual cost burden 

Using the burden hours estimated 

above, staff estimates that the total 

annual labor cost, based on a 

conservative estimated average of $425/ 

hour for executives’ and attorneys’ 

wages, would be approximately $42,500 

(100 hours x $425). There are no capital, 

start-up, operation, maintenance, or 

other similar costs to respondents. 

(b) Complaint Systems: 379,728 hours 

Consumer Response Center 

Consumers can submit complaints 

about fraud and other practices to the 

FTC’s Consumer Response Center by 

telephone or through the FTC’s website. 

Telephone complaints and inquiries to 

the FTC are answered both by FTC staff 

and contractors. These telephone 

counselors ask for the same information 

that consumers would enter on the 

applicable forms available on the FTC’s 

website. For telephone inquiries and 

complaints, the FTC staff retains its 

previous estimates that it takes 4.5 

minutes per call to gather information, 

somewhat less time than the 5 minutes 

estimated for consumers to enter a 

complaint online. The burden estimate 

conservatively assumes that all of the 

phone call is devoted to collecting 

information from consumers, although 

frequently telephone counselors devote 

a small portion of the call to providing 

requested information to consumers. 

Complaints Concerning the National 

Do Not Call Registry 

To receive complaints from 

consumers of possible violations of the 

rules governing the National Do Not Call 

Registry, 16 CFR 310.4(b), the FTC 

maintains both an online form and a toll 

free hotline with automated voice 

response system. Consumer 

complainants must provide either the 

name or telephone number of the 

company about which they are 

complaining, the phone number that 

was called, and the date of the call. 

They may also provide their name and 

address so they can be contacted for 

additional information, as well as for a 

brief comment regarding their 

complaint. In addition, online 

complainants have the option of 

answering three yes-or-no questions to 

help law enforcement investigating 

complaints; this option will also soon be 

made available to phone complainants. 

The FTC staff estimates that the time 

required of consumer complainants is 

3.5 minutes for phone complaints and 

2.5 minutes for online complaints.5

Identity Theft 

To handle complaints about identity 

theft, the FTC must obtain more detailed 

information than is required of other 

complainants. Identity theft complaints 

generally require more information 

(such as a description of actions 

complainants have taken with credit 

bureaus, companies, and law 

enforcement, and the identification of 

multiple suspects) than general 

consumer complaints and fraud 

complaints. In addition, the FTC has 

expanded the information required on 

its online complaint form (such as 

collecting additional information about 

the fraudulent activity at affected 

companies and creating an attachment 

summarizing all of the fraudulent 

account activity as well as all fraudulent 

information on the consumer’s credit 

report). Consumers can print out a copy 

of the revised form and use it to assist 

them in completing a police report, if 

appropriate, and, as also may be 

necessary, an identity theft report. See 

16 CFR 603.3 (defining the term 

‘‘identity theft report’’). FTC staff 

continues to estimate that the revised 

online form takes consumers up to 13 

minutes to complete. 

The FTC also made some revisions in 

the information it collects from 

consumers who call the Consumer 

Response Center (‘‘CRC’’) with identity 

theft complaints. Moreover, in order to 

better serve consumers who are unable 

to file complaints online, staff will send 

those who call the CRC with identify 

theft complaints a blank complaint form 

(identical to the online printed form) to 

assist them with completing a police or 

identify theft report as appropriate. Staff 

estimates that it will take 14 minutes 

per call to obtain identity theft-related 

information.6 A substantial portion of 

identity theft-related calls typically 

consists of counseling consumers on 

other steps they should consider taking 

to obtain relief (which may include 

directing consumers to a revised online 

complaint form). The time needed for 

counseling is excluded from the 

estimate. 

Surveys 

Consumer customer satisfaction 

surveys give the agency information 

about the overall effectiveness and 

timeliness of the CRC. The CRC surveys 

roughly 1 percent of complainants who 

file identity theft or general consumer 

complaints. Subsets of consumers 

contacted throughout the year are 

questioned about specific aspects of 

CRC customer service. Each consumer 

surveyed is asked several questions 

chosen from a list prepared by staff. The 

questions are designed to elicit 

information from consumers about the 

overall effectiveness of the call center. 

Half of the questions ask consumers to 

rate CRC performance on a scale or 

require a yes-or-no response. The 

second half of the survey asks more 


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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60701 

7 The Staff of the Bureau of Competition of the 

Federal Trade Commission compiled its findings 

from the study in its report: A Study of the 

Commission’s Divestiture Process, 1999, available at 

http://www.ftc.gov/os/1999/08/divestiture.pdf. 

8 To the extent that the staff interviews focus on 

a law enforcement activity (whether the party to the 

order complied with all its obligations), the 

interviews are not subject to the requirements of the 

PRA. See supra note 3. 

open-ended questions seeking a short 

written or verbal answer. In addition, 

the CRC may survey a sample of 

consumers immediately after they file 

their complaints regarding the services 

they received. Staff retains its previous 

estimate that each respondent will 

require 4 minutes to answer the 

questions (approximately 20-30 seconds 

per question). 

Finally, Consumer Sentinel user 

surveys give the agency information 

about the overall effectiveness of its 

Consumer Sentinel Network. Consumer 

Sentinel allows federal, state and local 

law enforcement organizations common 

access to a secure database containing 

over six million complaints from 

victims of consumer fraud and identity 

theft, as well as other complaints the 

FTC collects. To date, Consumer 

Sentinel has over 1,700 members, 

including law enforcement agencies 

from Canada and Australia. FTC staff 

plan to survey a sizeable number of 

Consumer Sentinel users each year 

about such things as overall satisfaction, 

performance, and possible 

improvements. Staff retains its previous 

estimate that the surveys should 

generally take approximately 10 

minutes per respondent. 

What follows are staff’s estimates of 

burden for these various collections of 

information, including the surveys. The 

figures for the online forms and 

consumer hotlines are an average of 

annualized volume for the respective 

programs including both current and 

projected volumes over the 3-year 

clearance period sought and the number 

of respondents for each activity has 

been rounded to the nearest thousand. 

Activity # respondents # minutes/activity Total Hours 

Misc. and fraud-related consumer complaints (phone)* 396,000 4.5 29,700 

Misc. and fraud-related consumer complaints (online)** 520,000 5 43,333 

Identity theft complaints (phone)* 385,700 14 89,997 

Identity theft complaints (online)** 170,000 13 36,833 

Do-Not-Call related consumer complaints (phone) 531,000 3.5 30,975 

Do-Not-Call related consumer complaints (online) 3,548,000 2.5 147,833 

Customer Satisfaction Questionnaire 9,600 4 640 

Consumer Sentinel User Surveys 2,500 10 417 

Totals 5,562,800 379,728 

* Number of consumer calls calculated by projecting over the 3-year clearance period sought 5% annual growth and a telephone contractor response rate of 95% (contracted level of service) with regard to consumers who call the toll free lines and opt to talk to a counselor. 

** Number of online collections projected from number of consumers who use the FTC’s online complaint forms noted in the text above. These 

figures also assume 5% annual growth for miscellaneous and fraud-related complaints, and 8% annual growth for identity theft online complaints, 

over the 3-year clearance period requested. 

Annual cost burden 

The cost per respondent should be 

negligible. Participation is voluntary 

and will not require any labor 

expenditures by respondents. There are 

no capital, start-up, operation, 

maintenance, or other similar costs to 

the respondents. 

(c) Program Evaluations: 175 hours 

Review of Divestiture Orders 

The Commission issues, on average, 

approximately 10-15 orders in merger 

cases per year that require divestitures. 

As a result of a 1999 study authorized 

by the OMB and conducted by the staffs 

of the Bureau of Competition (‘‘BC’’) 

and the Bureau of Economics,7 BC 

monitors these required divestitures by 

interviewing representatives of the 

Commission-approved buyers of the 

divested assets within the first year after 

the divestiture is completed. 

BC staff interviews representatives of 

the buyers to ask whether all assets 

required to be divested were, in fact, 

divested;8 whether the buyer has used 

the divested assets to enter the market 

of concern to the Commission and, if so, 

the extent to which the buyer is 

participating in the market; whether the 

divestiture met the buyer’s expectations; 

and whether the buyer believes the 

divestiture has been successful. In some 

cases, BC staff may also interview other 

participants, including customers or 

trustee monitors, as appropriate. In all 

these interviews, staff seeks to learn 

about pricing and other basic facts 

regarding competition in the markets of 

concern to the FTC. 

Participation by the buyers is 

voluntary. Each responding company 

designates the company representative 

most likely to have the necessary 

information; typically, a company 

executive and a lawyer represents the 

company. Each interview takes 

approximately one hour to complete. BC 

staff further estimates that it takes each 

participant no more than one hour to 

prepare for the interview. In some 

instances, staff may do additional 

interviews with customers of the 

responding company or the monitor. 

Staff conservatively estimates that for 

each interview, two individuals (a 

company executive and a lawyer) will 

devote two hours (one hour preparing 

and one hour participating) each to 

responding to questions for a total of 

four hours. In addition, for 

approximately half of the divestitures, 

staff will seek to question two 

additional respondents, adding four 

participants (a company executive and a 

lawyer for each of the two additional 

respondents) devoting two hours each, 

for a total of eight additional hours. 

Assuming that staff evaluates up to 20 

divestitures per year during the threeyear clearance period, the total hours 

burden for the responding companies 

will be approximately 160 hours per 

year ((20 divestiture reviews x 4 hours 

for preparing and participating) + (10 


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60702 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 

divestiture reviews x 8 hours for 

preparing and participating)). 

Annual cost burden 

Using the burden hours estimated 

above, staff estimates that the total 

annual labor cost, based on a 

conservative estimated average of $425/ 

hour for executives’ and attorneys’ 

wages, would be approximately $68,000 

(160 hours x $425). There are no capital, 

start-up, operation, maintenance, or 

other similar costs to respondents. 

Review of Competition Advocacy 

Program 

The FTC’s competition advocacy 

program draws on the Commission’s 

expertise in competition and consumer 

protection matters to encourage federal 

and state legislators, courts and other 

state and federal agencies to consider 

the competitive effects of their proposed 

actions. The FTC Office of Policy 

Planning (‘‘OPP’’) sends approximately 

20 letters or written comments to 

different state and federal government 

officials annually, which provide 

guidance on the likely competitive 

effects of various laws or regulations. 

In the past, OPP has evaluated the 

effectiveness of these advocacy 

comments by surveying comment 

recipients and other relevant decision 

makers. OPP intends to continue this 

evaluation by sending a written 

questionnaire to relevant parties 

between six and nine months after an 

advocacy comment is sent. Most of the 

questions ask the respondent to agree or 

disagree with a statement concerning 

the advocacy comment that they 

received. Specifically, these questions 

inquire as to the applicability, value, 

persuasive influence, public effect, and 

informative value of the FTC’s 

comments. The questionnaire also 

provides respondents with an 

opportunity to provide additional 

remarks related either to the written 

comments received or the FTC’s 

advocacy program in general. 

Participation is voluntary. 

OPP staff estimates that on average, 

respondents will take 30 minutes or less 

to complete the questionnaire and 15 

minutes of administrative time to 

prepare the response for mailing. 

Accordingly, staff estimates that each 

respondent will incur 45 minutes of 

burden resulting in a cumulative total of 

15 burden hours per year (45 minutes of 

burden per respondent x 20 respondents 

per year). OPP staff does not intend to 

conduct any follow-up activities that 

would involve the respondents’ 

participation. 

Annual cost burden 

OPP staff estimates a conservative 

hourly labor cost of $100 for the time of 

the survey participants (primarily state 

representatives and senators) and an 

hourly labor cost of $16 for 

administrative support time. Thus, staff 

estimates a total labor cost of $54 for 

each response (30 minutes of burden at 

$100 per hour plus 15 minutes of 

burden at $16 per hour). Assuming 20 

respondents will complete the 

questionnaire on an annual basis, staff 

estimates the total annual labor costs 

will be approximately $1,080 ($54 per 

response x 20 respondents). There are 

no capital, start-up, operation, 

maintenance, or other similar costs to 

respondents. 

(d) Applicant Tracking Form: 292 

hours 

The FTC’s Human Resources 

Management Office surveys job 

applicants on their ethnicity, race, and 

disability status in order to determine if 

recruitment is effectively reaching all 

aspects of the relevant labor pool, in 

compliance with management directives 

from the Equal Opportunity 

Employment Commission. Response by 

applicants is optional. The information 

obtained is used for evaluating 

recruitment only and plays no part in 

the selection of who is hired. The 

information is not provided to selecting 

officials. Instead, the information is 

used in summary form to determine 

trends over many selections within a 

given occupational or organizational 

area. The information is treated in a 

confidential manner. No information 

from the form is entered into the official 

personnel file of the individual selected 

and all forms are destroyed after the 

conclusion of the selection process. The 

format of the questions on ethnicity and 

race are compliant with OMB 

requirements and comparable to those 

used by other agencies. 

Based upon past activity, the FTC 

staff estimates that up to 7,000 

applicants will submit the form as part 

of the new online application process 

and that the form will require 

approximately 2.5 minutes to complete, 

for an annual burden total of 

approximately 292 hours (7000 

applicants x 2.5 minutes to complete the 

form). 

Annual cost burden 

The cost per respondent should be 

negligible. Participation is voluntary 

and will not require any labor 

expenditures by respondents. There are 

no capital, start-up, operation, 

maintenance, or other similar costs to 

the respondents. 

William Blumenthal, 

General Counsel. 

[FR Doc. E8–24296 Filed 10–10–08: 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request 

AGENCY: Federal Trade Commission 

(‘‘Commission’’ or ‘‘FTC’’). 

ACTION: Notice. 

SUMMARY: The FTC plans to conduct a 

study to examine consumer perception 

of environmental marketing claims. This 

activity is part of the Commission’s 

regulatory review of the Guides for the 

Use of Environmental Marketing Claims 

(‘‘Green Guides’’ or ‘‘Guides’’). Before 

gathering this information, the FTC is 

seeking public comments on the 

proposed study. Comments will be 

considered before the FTC submits a 

request for Office of Management and 

Budget (‘‘OMB’’) review under the 

Paperwork Reduction Act (‘‘PRA’’). 

DATES: Comments must be received on 

or before December 15, 2008. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Green 

Marketing Consumer Perception Study, 

Project No. P954501’’ 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) (2008). Comments containing 


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