81 FR 22601 - Submission for OMB Review; Taxpayer Identification Number Information
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 74 (April 18, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 74 (April 18, 2016)
| Page Range | 22601-22602 | |
| FR Document | 2016-08871 |
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)] [Notices] [Pages 22601-22602] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08871] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0097; Docket 2016-0053; Sequence 6] Submission for OMB Review; Taxpayer Identification Number Information AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). [[Page 22602]] ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. ----------------------------------------------------------------------- SUMMARY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning Taxpayer Identification Number Information. A notice was published in the Federal Register at 81 FR 6514 on February 8, 2016. No comments were received. DATES: Submit comments on or before May 18, 2016. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link ``Submit a Comment'' that corresponds with ``Information Collection 9000-0097, Taxpayer Identification Number Information''. Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``Information Collection 9000-0097, Taxpayer Identification Number Information'' on your attached document. Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0097, Taxpayer Identification Number Information. Instructions: Please submit comments only and cite Information Collection 9000-0097, Taxpayer Identification Number Information, in all correspondence related to this collection. Comments received generally will be posted without change to http://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 (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement Analyst, Contract Policy Division, GSA, 202-501-1448 or email at [email protected]. SUPPLEMENTARY INFORMATION: A. Purpose In accordance with 31 U.S.C. 7701(c), a contractor doing business with a Government agency is required to furnish its Tax Identification Number (TIN) to that agency. Also, 31 U.S.C. 3325(d) requires the Government to include, with each certified voucher prepared by the Government payment office and submitted to a disbursing official, the TIN of the contractor receiving payment under the voucher. 26 U.S.C. 6050M, as implemented in the Department of Treasury, Internal Revenue Service (IRS) regulations at Title 26 of the Code of Federal Regulations (CFR), requires heads of Federal executive agencies to report certain information to the IRS. 26 U.S.C. 6041 and 6041A, as implemented in 26 CFR, in part, requires payors, including Government agencies, to report to the IRS, on form 1099, payments made to certain contractors. To comply with the requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS in 26 CFR, FAR clause 52.204-3, Taxpayer Identification, requires a potential Government contractor to submit, among other information, its TIN. The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the contractor's relationship with the Government. A contractor is not required to provide its TIN on each contract in accordance with FAR clause 52.204-3, Taxpayer Identification, when FAR clause 52.204-7, Central Contractor Registration, is inserted in contracts. FAR clause 52.204-7 requires a potential Federal contractor to provide its TIN in the Central Contractor Registration (CCR) system. B. Annual Reporting Burden Respondents: 39,428. Responses Per Respondent: 3. Total Responses: 118,284. Hours Per Response: 10. Total Burden Hours: 11,828. C. Public Comments Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulation (FAR), and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0097, Taxpayer Identification Number Information, in all correspondence. Dated: April 13, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2016-08871 Filed 4-15-16; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices 22601
for ordinary consumers to hear and advertisement.66 Consumers with such a research or other information from a
understand them.60 misleading impression, for example, are scientific or other organization.73
To be effective, a disclosure also likely to give added credence to Commercial communications that
generally must be made advertising messages communicated mislead consumers that they are from
contemporaneously with the misleading and to interact with advertising content the government,74 a legitimate business,
claim it is intended to qualify. For with which they otherwise would have such as a well-known bank,75 or a
example, disclosures that subsequently decided not to interact.67 marketing surveyor 76 also are presumed
The Commission presumes that to be material.
inform consumers of a natively
claims made expressly and claims the
formatted ad’s commercial nature after III. Conclusion
advertiser intended to make are
they have clicked on and arrived at material.68 The Commission also Although digital media has expanded
another page will not cure any considers certain misleading formats to and changed the way marketers reach
misleading impression created when the be presumptively material. Depending consumers, all advertisers, including
ad is presented in the stream of a on the facts, false claims that advertising digital advertisers, must comply with
publisher site. This approach also and promotional messages reflect the the same legal principles regarding
reflects and is consistent with long- independent, impartial views, opinions, deceptive conduct the Commission has
standing public policy, as codified in or experiences of ordinary consumers or long enforced. This statement sets forth
the CAN–SPAM Act 61 and experts are presumed material.69 principles of general applicability on
Telemarketing Fraud Act 62 and found Similarly, the Commission views as which the Commission will rely in
in Commission cases,63 that material material any misrepresentations that determining whether any particular
misrepresentations as to the nature or advertising content is a news or feature advertising format is deceptive, in
source of a commercial communication article,70 independent product review,71 violation of Section 5 of the FTC Act.
are deceptive, even if the truth is investigative report,72 or scientific The Commission will find an
subsequently made known to advertisement deceptive if the ad
consumers. 66 There are some exceptions, where consumers
misleads reasonable consumers as to its
might not act differently if they were to identify
B. Misleading Claims About the Nature certain forms of advertising as such. For example, nature or source, including that a party
or Source of Advertising Are Likely if a branded product is included in entertainment other than the sponsoring advertiser is
Material programming in exchange for payment or other its source. Misleading representations of
consideration from an advertiser, unless this paid this kind are likely to affect consumers’
product placement communicates an objective
Deception occurs when an ad claim about a product, the fact that such advertising decisions or conduct regarding the
misleads consumers about a material was included because of payment is unlikely to advertised product or the advertisement,
fact.64 Material facts are those that are affect consumers’ decision-making. When no including by causing consumers to give
important to consumers’ choices or objective claims are made for the product greater credence to advertising claims or
advertised, there is no claim to which greater
conduct regarding a product.65 credence can be given; thus, whether an advertiser to interact with advertising content with
Misleading representations or omissions had paid for the placement or the product appeared which they otherwise would not have
about an advertisement’s true nature or because of the program writer’s creative judgment interacted.
source, including that a party other than would not likely be material to consumers. See
generally Letter from Mary K. Engle, Associate By direction of the Commission.
the sponsoring advertiser is the source Director, Division of Advertising Practices, Federal Donald S. Clark,
of the advertising, are likely to affect Trade Commission to Gary Ruskin, Executive
consumers’ behavior with regard to the Director, Commercial Alert (Feb. 10, 2005), Secretary.
advertised product or the available at www.ftc.gov/system/files/documents/ [FR Doc. 2016–08813 Filed 4–15–16; 8:45 am]
advisory_opinions/letter-commercial-alert-
BILLING CODE 6750–01–P
applying-commission-policy-determine-case-case-
60 See, e.g., Final Order and Judgment at 8, Direct basis-whether-particular/
Mktg. Concepts, Inc. (radio disclosures must be ‘‘in 050210productplacemen.pdf (response to a petition
a volume and cadence sufficient for an ordinary from a consumer group to issue guidelines requiring
consumer to hear’’); Carrot Neurotechnology, Inc., the on-screen disclosure ‘‘ADVERTISEMENT,’’ DEPARTMENT OF DEFENSE
No. C–4567, 2016 FTC LEXIS 24, at *4 (Feb. 22, whenever paid product placement occurred in
2016) (consent) (necessary disclosures under the television programming; FTC staff concluded that
order must be ‘‘in a volume, speed, and cadence such a disclosure would not generally be necessary GENERAL SERVICES
sufficient for ordinary consumers to easily hear and to prevent deception and that when particular ADMINISTRATION
understand’’); Free Annual Credit Disclosures, 16 instances of paid product placement or brand
CFR 610.4(a)(3)(iv) (‘‘Audio disclosures shall be in integration were deceptive, they could be NATIONAL AERONAUTICS AND
a slow and deliberate manner and in a reasonably adequately addressed on a case-by-case basis).
understandable volume and pitch.’’). 67 In evaluating materiality, the Commission takes
SPACE ADMINISTRATION
61 15 U.S.C. 7701–7713 at 7704(a)(2). consumer preferences as given rather than
62 15 U.S.C. 6101–6108 at 6102(a)(3)(C). considering whether they are objectively justified. [OMB Control No. 9000–0097; Docket 2016–
63 See, e.g., supra notes 22, 25, 34 and Deception Policy Statement, 103 F.T.C. at 182 n.46. 0053; Sequence 6]
68 Deception Policy Statement, 103 F.T.C. at 182.
accompanying text.
69 See, e.g., supra notes 36, 37, 38, 39 and
64 Deception Policy Statement, 103 F.T.C. at 182.
Submission for OMB Review; Taxpayer
65 Kraft, Inc. v. FTC, 970 F.2d 311, 322 (7th Cir. accompanying text. Regarding the specific issue of
advertisers using spokespersons to promote Identification Number Information
1992) (‘‘a claim is considered material if it ‘involves
information that is important to consumers and, products in programming without disclosing the
spokesperson’s financial ties to the advertiser, a AGENCIES: Department of Defense (DOD),
hence, likely to affect their choice of, or conduct
regarding a product’’’) (quoting Cliffdale Assocs., connection between an advertiser and an endorser General Services Administration (GSA),
Inc., 103 F.T.C. at 165). Material information may that is not reasonably expected by the audience and National Aeronautics and Space
mstockstill on DSK4VPTVN1PROD with NOTICES
influence consumer behavior apart from the must be fully disclosed. See, e.g., ADT LLC, No. C– Administration (NASA).
purchase of a product. Deception Policy Statement, 4460, 2014 FTC LEXIS 142, at *3, 5–6 (June 18,
103 F.T.C. at 182 n.45. A material misrepresentation 2014) (consent); Endorsement Guides, 16 CFR
is one ‘‘the reasonable person would regard as 255.5. 73 See, e.g., supra note 16 and accompanying text.
70 See, e.g., supra notes 7, 8, 13, 14 and 74 See, e.g., supra notes 17, 18, 19 and
important in deciding how to act, or one which the
maker knows that the recipient, because of his or accompanying text. accompanying text.
71 See, e.g., supra note 10 and accompanying text. 75 See, e.g., supra notes 29, 34 and accompanying
her own peculiarities, is likely to consider
important.’’ Id. (citing Restatement (Second) of 72 See, e.g., supra notes 12, 13 and accompanying text.
Torts, section 538(2) (1965)). text. 76 See, e.g., supra note 23 and accompanying text.
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![22602 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices
ACTION: Notice of request for public Analyst, Contract Policy Division, GSA, is accurate, and based on valid
comments regarding an extension to an 202–501–1448 or email at curtis.glover@ assumptions and methodology; ways to
existing OMB clearance. gsa.gov. enhance the quality, utility, and clarity
SUPPLEMENTARY INFORMATION: of the information to be collected; and
SUMMARY: Under the provisions of the ways in which we can minimize the
Paperwork Reduction Act, the A. Purpose burden of the collection of information
Regulatory Secretariat Division will be In accordance with 31 U.S.C. 7701(c), on those who are to respond, through
submitting to the Office of Management a contractor doing business with a the use of appropriate technological
and Budget (OMB) a request to review Government agency is required to collection techniques or other forms of
and approve an extension of a furnish its Tax Identification Number information technology.
previously approved information (TIN) to that agency. Also, 31 U.S.C. Obtaining Copies of Proposals:
collection requirement concerning 3325(d) requires the Government to Requesters may obtain a copy of the
Taxpayer Identification Number include, with each certified voucher information collection documents from
Information. A notice was published in prepared by the Government payment the General Services Administration,
the Federal Register at 81 FR 6514 on office and submitted to a disbursing Regulatory Secretariat Division (MVCB),
February 8, 2016. No comments were official, the TIN of the contractor 1800 F Street NW., Washington, DC
received. receiving payment under the voucher. 20405, telephone 202–501–4755. Please
DATES: Submit comments on or before 26 U.S.C. 6050M, as implemented in the cite OMB Control No. 9000–0097,
May 18, 2016. Department of Treasury, Internal Taxpayer Identification Number
ADDRESSES: Submit comments regarding Revenue Service (IRS) regulations at Information, in all correspondence.
this burden estimate or any other aspect Title 26 of the Code of Federal Dated: April 13, 2016.
of this collection of information, Regulations (CFR), requires heads of
Lorin S. Curit,
including suggestions for reducing this Federal executive agencies to report
Director, Federal Acquisition Policy Division,
burden to: Office of Information and certain information to the IRS. 26 U.S.C.
Office of Governmentwide Acquisition Policy,
Regulatory Affairs of OMB, Attention: 6041 and 6041A, as implemented in 26 Office of Acquisition Policy, Office of
Desk Officer for GSA, Room 10236, CFR, in part, requires payors, including Governmentwide Policy.
NEOB, Washington, DC 20503. Government agencies, to report to the [FR Doc. 2016–08871 Filed 4–15–16; 8:45 am]
Additionally submit a copy to GSA by IRS, on form 1099, payments made to
BILLING CODE 6820–EP–P
any of the following methods: certain contractors.
• Regulations.gov: http:// To comply with the requirements of
www.regulations.gov. Submit comments 31 U.S.C. 7701(c) and 3325(d), reporting DEPARTMENT OF DEFENSE
via the Federal eRulemaking portal by requirements of 26 U.S.C. 6041, 6041A,
searching the OMB control number. and 6050M, and implementing GENERAL SERVICES
Select the link ‘‘Submit a Comment’’ regulations issued by the IRS in 26 CFR, ADMINISTRATION
that corresponds with ‘‘Information FAR clause 52.204–3, Taxpayer
Collection 9000–0097, Taxpayer Identification, requires a potential NATIONAL AERONAUTICS AND
Identification Number Information’’. Government contractor to submit, SPACE ADMINISTRATION
Follow the instructions provided at the among other information, its TIN. The
TIN may be used by the Government to [OMB Control No. 9000–0175; Docket 2016–
‘‘Submit a Comment’’ screen. Please 0053; Sequence 5]
include your name, company name (if collect and report on any delinquent
any), and ‘‘Information Collection 9000– amounts arising out of the contractor’s Submission for OMB Review; Use of
0097, Taxpayer Identification Number relationship with the Government. A Project Labor Agreements for Federal
Information’’ on your attached contractor is not required to provide its Construction Projects
document. TIN on each contract in accordance with
• Mail: General Services FAR clause 52.204–3, Taxpayer AGENCY: Department of Defense (DOD),
Administration, Regulatory Secretariat Identification, when FAR clause General Services Administration (GSA),
Division (MVCB), 1800 F Street NW., 52.204–7, Central Contractor and National Aeronautics and Space
Washington, DC 20405. ATTN: Ms. Registration, is inserted in contracts. Administration (NASA).
Flowers/IC 9000–0097, Taxpayer FAR clause 52.204–7 requires a ACTION: Notice of request for public
Identification Number Information. potential Federal contractor to provide comments regarding an extension to an
Instructions: Please submit comments its TIN in the Central Contractor existing OMB clearance.
only and cite Information Collection Registration (CCR) system.
9000–0097, Taxpayer Identification SUMMARY: Under the provisions of the
B. Annual Reporting Burden Paperwork Reduction Act of 1995, the
Number Information, in all
correspondence related to this Respondents: 39,428. Regulatory Secretariat Division will be
collection. Comments received generally Responses Per Respondent: 3. submitting to the Office of Management
Total Responses: 118,284. and Budget (OMB) a request to review
will be posted without change to http:// Hours Per Response: 10.
www.regulations.gov, including any and approve a new information
Total Burden Hours: 11,828. collection requirement regarding Use of
personal and/or business confidential
information provided. To confirm C. Public Comments Project Labor Agreements for Federal
receipt of your comment(s), please Construction Projects. A notice
mstockstill on DSK4VPTVN1PROD with NOTICES
Public comments are particularly
check www.regulations.gov, invited on: Whether this collection of published in the Federal Register at 81
approximately two to three days after information is necessary for the proper FR 6516 on February 8, 2016. No
submission to verify posting (except performance of functions of the Federal comments were received.
allow 30 days for posting of comments Acquisition Regulation (FAR), and DATES: Submit comments on or before
submitted by mail). whether it will have practical utility; May 18, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. whether our estimate of the public ADDRESSES: Submit comments regarding
Curtis E. Glover, Sr., Procurement burden of this collection of information this burden estimate or any other aspect
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Document Created: 2016-04-16 01:46:13
Document Modified: 2016-04-16 01:46:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of request for public comments regarding an extension to an existing OMB clearance. | |
| Dates | Submit comments on or before May 18, 2016. | |
| Contact | Mr. Curtis E. Glover, Sr., Procurement Analyst, Contract Policy Division, GSA, 202-501-1448 or email at [email protected] | |
| FR Citation | 81 FR 22601 |
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