82_FR_39064 82 FR 38907 - Agency Information Collection Activities; Proposed Collection; Comment Request

82 FR 38907 - Agency Information Collection Activities; Proposed Collection; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range38907-38909
FR Document2017-17318

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 seeks public comments on its proposal to extend, for three years, the current PRA clearance for information collection requirements contained in its Use of Prenotification Negative Option Plans (``Negative Option Rule'' or ``Rule''). That clearance expires on November 30, 2017.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38907-38909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17318]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice.

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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 seeks public 
comments on its proposal to extend, for three years, the current PRA 
clearance for information collection requirements contained in its Use 
of Prenotification Negative Option Plans (``Negative Option Rule'' or 
``Rule''). That clearance expires on November 30, 2017.

DATES: Comments must be submitted by October 16, 2017.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Request for Comments part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Negative Option Rule: 
FTC File No. P064202'' on your comment, and file your comment online at 
https://ftcpublic.commentworks.com/ftc/NegOptionPRA by following the 
instructions on the Web-based 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, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
J), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to John Andrew Singer, Attorney, Division of 
Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 
600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580, (202) 326-
3234.

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, federal 
agencies must obtain approval from

[[Page 38908]]

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 clearance for the information collection requirements 
contained in the Negative Option Rule, 16 CFR part 425 (OMB Control 
Number 3084-0104).
    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.
    The Negative Option Rule governs the operation of prenotification 
subscription plans. Under these types of plans, a seller provides a 
consumer with automatic shipments of merchandise such as when a 
consumer joins as a member in a seller's book of the month club, food 
of the month club, or clothing items of the month club unless the 
consumer affirmatively notifies the seller they do not want the 
shipment. The Rule requires that a seller notify a member that they 
will automatically ship merchandise to the member and bill the member 
for the merchandise if the subscriber fails to expressly reject the 
merchandise beforehand within a prescribed time. The Rule protects 
consumers by: (a) Requiring that promotional materials disclose the 
terms of membership clearly and conspicuously; and (b) establishing 
procedures for the administration of such ``negative option'' plans.

Burden Statement

    Estimated annual hours burden: 9,725 hours.
    Based on industry input, staff estimates that approximately 75 
existing clubs each require annually about 100 hours to comply with the 
Rule's disclosure requirements. Approximately 10 new clubs come into 
being each year. These figures are an increase from 2014, although 
industry estimates of the number of existing clubs have fluctuated 
significantly since the early 2000s.\1\ Industry sources also now 
report to the Commission that, even at this higher figure, a 
substantial portion of the existing clubs would make these disclosures 
absent the Rule because they help foster long-term relationships with 
consumers.
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    \1\ The industry estimates of existing firms subject to the 
Rule's disclosure requirements range from 190 (2005), 158 (2008), 45 
(2011), 35 (2014) and 75 (2017). Such fluctuations have most likely 
derived from changes in the national economy and trends in the 
specific industries subject to the Rule.
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    Over the next three years, there will be an average 85 existing 
firms per year (75+85+95 / 3). Thus, the average annual hours burden 
for existing firms is expected to be 8,500. The 10 new clubs entering 
the market per year require approximately 125 hours to comply with the 
Rule, including start up-time. Thus, the cumulative PRA burden for new 
clubs is about 1,250 hours (10 clubs x 125 hours). Combined with the 
estimated burden for established clubs, the total annual burden is 
9,725 hours.
    Estimated annual cost burden: $473,750 (solely related to labor 
costs).
    Based on recent data from the Bureau of Labor Statistics,\2\ the 
mean hourly wage for advertising managers is approximately $57 per 
hour; compensation for office and administrative support personnel is 
approximately $17 per hour. Assuming that managers perform the bulk of 
the work, and clerical personnel perform associated tasks (e.g., 
placing advertisements and responding to inquiries about offerings or 
prices), the total cost to the industry for the Rule's information 
collection requirements would be approximately $473,750 [(80 hours 
managerial time x 85 existing clubs x $57 per hour) + (20 hours 
clerical time x 85 existing clubs x $17 per hour) + (90 hours 
managerial time x 10 new clubs x $57 per hour) + (35 hours clerical 
time x 10 new clubs x $17)].
    Because the Rule has been in effect since 1974, the vast majority 
of the negative option clubs have no current start-up costs. For the 
new clubs that enter the market each year, the costs associated with 
the Rule's disclosure requirements, beyond the additional labor costs 
discussed above, are de minimis. Negative option clubs already have 
access to the ordinary office equipment necessary to comply with the 
Rule. Similarly, the Rule imposes few, if any, printing and 
distribution costs. The required disclosures generally constitute only 
a small addition to the advertising for negative option plans. Because 
printing and distribution expenditures are incurred to market the 
product regardless of the Rule, adding the required disclosures results 
in marginal incremental expense.
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    \2\ Occupational Employment And Wages--May 2016, Table 1, at 
https://www.bls.gov/news.release/ocwage.t01.htm.
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Request for Comment

    You can file a comment online or on paper. October 16, 2017. Write 
``Negative Option Rule: FTC File No. P064202'' on your comment. Your 
comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at https://www.ftc.gov/policy/public-comments. Postal mail addressed to the Commission is subject to 
delay due to heightened security screening. As a result, we encourage 
you to submit your comments online. To make sure that the Commission 
considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/NegOptionPRA by following the 
instructions on the web based form. If this Notice appears at https://www.regulations.gov, you also may file a comment through that Web site.
    If you file your comment on paper, write ``Negative Option Rule: 
FTC File No. P064202'' on your comment and on the envelope, and mail 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex C), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610, Washington, DC 20024. If 
possible, submit your paper comment to the Commission by courier or 
overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at www.ftc.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 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

[[Page 38909]]

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 be filed in paper form, must be clearly labeled 
``Confidential,'' and must 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 on the public FTC Web site--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC Web site, 
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.
    Visit the Commission Web site at https://www.ftc.gov to read this 
Notice. 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 October 16, 
2017. You can find more information, including routine uses permitted 
by the Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-17318 Filed 8-15-17; 8:45 am]
 BILLING CODE 6750-01-P



                                                                               Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices                                                 38907

                                                    requirement is mandatory. Compliance                      Board of Governors of the Federal Reserve             Board of Governors of the Federal Reserve
                                                    by financial companies with the                         System, August 11, 2017.                              System, August 11, 2017.
                                                    transactional reporting requirements is                 Ann E. Misback,                                       Yao-Chin Chao,
                                                    required in order to obtain the benefit of              Secretary of the Board.                               Assistant Secretary of the Board.
                                                    Board consent to consummation of the                    [FR Doc. 2017–17344 Filed 8–15–17; 8:45 am]           [FR Doc. 2017–17317 Filed 8–15–17; 8:45 am]
                                                    transactions.                                           BILLING CODE 6210–01–P
                                                                                                                                                                  BILLING CODE 6210–01–P

                                                       Section 251.6 and FR XX–1. As noted,
                                                    the required reporting of calendar year-
                                                    end liabilities under section 251.6 of                  FEDERAL RESERVE SYSTEM                                FEDERAL TRADE COMMISSION
                                                    Regulation XX can be satisfied by many                                                                        Agency Information Collection
                                                    financial companies through their                       Formations of, Acquisitions by, and
                                                                                                            Mergers of Bank Holding Companies                     Activities; Proposed Collection;
                                                    continued reporting of consolidated                                                                           Comment Request
                                                    financial information to the Board or
                                                                                                              The companies listed in this notice                 AGENCY:   Federal Trade Commission
                                                    other appropriate Federal banking
                                                                                                            have applied to the Board for approval,               (‘‘FTC’’ or ‘‘Commission’’).
                                                    agency though the various reports listed
                                                                                                            pursuant to the Bank Holding Company
                                                    above. The information collected on                                                                           ACTION: Notice.
                                                                                                            Act of 1956 (12 U.S.C. 1841 et seq.)
                                                    those forms has been the subject of
                                                                                                            (BHC Act), Regulation Y (12 CFR part                  SUMMARY:    The information collection
                                                    separate authorization and
                                                                                                            225), and all other applicable statutes               requirements described below will be
                                                    confidentiality determinations. With
                                                                                                            and regulations to become a bank                      submitted to the Office of Management
                                                    regard to the collection of the specific
                                                                                                            holding company and/or to acquire the                 and Budget (OMB) for review, as
                                                    information at issue, calendar year-end                                                                       required by the Paperwork Reduction
                                                                                                            assets or the ownership of, control of, or
                                                    liabilities (including as collected on the                                                                    Act (PRA). The FTC seeks public
                                                                                                            the power to vote shares of a bank or
                                                    FR XX–1), such information generally is                                                                       comments on its proposal to extend, for
                                                                                                            bank holding company and all of the
                                                    not considered confidential, but some                                                                         three years, the current PRA clearance
                                                                                                            banks and nonbanking companies
                                                    information, depending on the                                                                                 for information collection requirements
                                                                                                            owned by the bank holding company,
                                                    circumstances, may be the type of                                                                             contained in its Use of Prenotification
                                                                                                            including the companies listed below.
                                                    confidential commercial and financial                                                                         Negative Option Plans (‘‘Negative
                                                    information that may be withheld under                    The applications listed below, as well              Option Rule’’ or ‘‘Rule’’). That clearance
                                                    exemption 4 of the Freedom of                           as other related filings required by the              expires on November 30, 2017.
                                                    Information Act (FOIA) (5 U.S.C                         Board, are available for immediate
                                                                                                                                                                  DATES: Comments must be submitted by
                                                    552(b)(4)). As required information, it                 inspection at the Federal Reserve Bank
                                                                                                                                                                  October 16, 2017.
                                                    may be withheld under exemption 4 on                    indicated. The applications will also be
                                                                                                                                                                  ADDRESSES: Interested parties may file a
                                                    a case-by-case basis only if public                     available for inspection at the offices of
                                                                                                                                                                  comment online or on paper by
                                                    disclosure could result in substantial                  the Board of Governors. Interested
                                                                                                                                                                  following the instructions in the
                                                    competitive harm to the submitting                      persons may express their views in
                                                                                                                                                                  Request for Comments part of the
                                                    institution. Any request from a                         writing on the standards enumerated in                SUPPLEMENTARY INFORMATION section
                                                    submitter for confidential treatment                    the BHC Act (12 U.S.C. 1842(c)). If the               below. Write ‘‘Negative Option Rule:
                                                    should be accompanied by a detailed                     proposal also involves the acquisition of             FTC File No. P064202’’ on your
                                                    justification for confidentiality.                      a nonbanking company, the review also                 comment, and file your comment online
                                                                                                            includes whether the acquisition of the               at https://ftcpublic.commentworks.com/
                                                       Section 251.4. The information
                                                                                                            nonbanking company complies with the                  ftc/NegOptionPRA by following the
                                                    collected under section 251.4 (under
                                                                                                            standards in section 4 of the BHC Act                 instructions on the Web-based form. If
                                                    both its prior written consent provision
                                                                                                            (12 U.S.C. 1843). Unless otherwise                    you prefer to file your comment on
                                                    for individual transactions and the
                                                                                                            noted, nonbanking activities will be                  paper, mail your comment to the
                                                    general consent authority) consists of (1)
                                                                                                            conducted throughout the United States.               following address: Federal Trade
                                                    a description of the acquisition and (2)
                                                                                                              Unless otherwise noted, comments                    Commission, Office of the Secretary,
                                                    the change in and resultant aggregate
                                                                                                            regarding each of these applications                  600 Pennsylvania Avenue NW., Suite
                                                    amount of financial company liabilities.
                                                                                                            must be received at the Reserve Bank                  CC–5610 (Annex J), Washington, DC
                                                    The reported liabilities information, in                                                                      20580, or deliver your comment to the
                                                    like fashion to the liabilities information             indicated or the offices of the Board of
                                                                                                            Governors not later than September 11,                following address: Federal Trade
                                                    reported under section 251.6, generally                                                                       Commission, Office of the Secretary,
                                                    is not considered confidential but,                     2017.
                                                                                                                                                                  Constitution Center, 400 7th Street SW.,
                                                    depending on the circumstances, may                       A. Federal Reserve Bank of                          5th Floor, Suite 5610 (Annex J),
                                                    be the type of confidential commercial                  Philadelphia (William Spaniel, Senior                 Washington, DC 20024.
                                                    and financial information that may be                   Vice President) 100 North 6th Street,                 FOR FURTHER INFORMATION CONTACT:
                                                    withheld under exemption 4 of FOIA.                     Philadelphia, Pennsylvania 19105–                     Requests for additional information
                                                    The description of the individual                       1521. Comments can also be sent                       should be addressed to John Andrew
                                                    acquisitions provided under the prior                   electronically to                                     Singer, Attorney, Division of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    written consent provisions generally                    Comments.applications@phil.frb.org:                   Enforcement, Bureau of Consumer
                                                    would not be deemed confidential, but                     1. Sharon Mutual Holding Company,                   Protection, Federal Trade Commission,
                                                    that some such information may be of                    and its wholly owned subsidiary Sharon                600 Pennsylvania Avenue NW., CC–
                                                    the type that could be withheld under                   Bancorp, Inc., both of Darby,                         9528, Washington, DC 20580, (202) 326–
                                                    exemption 4 on a case-by-case basis,                    Pennsylvania; to become bank holding                  3234.
                                                    under the standards enumerated above.                   companies upon the revocation by                      SUPPLEMENTARY INFORMATION: Under the
                                                                                                            Sharon Savings Bank, Darby,                           PRA, 44 U.S.C. 3501–3521, federal
                                                                                                            Pennsylvania, of its 10(l) election.                  agencies must obtain approval from


                                               VerDate Sep<11>2014   18:33 Aug 15, 2017   Jkt 241001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:\FR\FM\16AUN1.SGM   16AUN1


                                                    38908                      Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices

                                                    OMB for each collection of information                  10 new clubs come into being each year.                equipment necessary to comply with the
                                                    they conduct or sponsor. ‘‘Collection of                These figures are an increase from 2014,               Rule. Similarly, the Rule imposes few,
                                                    information’’ means agency requests or                  although industry estimates of the                     if any, printing and distribution costs.
                                                    requirements that members of the public                 number of existing clubs have                          The required disclosures generally
                                                    submit reports, keep records, or provide                fluctuated significantly since the early               constitute only a small addition to the
                                                    information to a third party. 44 U.S.C.                 2000s.1 Industry sources also now                      advertising for negative option plans.
                                                    3502(3); 5 CFR 1320.3(c). As required by                report to the Commission that, even at                 Because printing and distribution
                                                    section 3506(c)(2)(A) of the PRA, the                   this higher figure, a substantial portion              expenditures are incurred to market the
                                                    FTC is providing this opportunity for                   of the existing clubs would make these                 product regardless of the Rule, adding
                                                    public comment before requesting that                   disclosures absent the Rule because they               the required disclosures results in
                                                    OMB extend the existing clearance for                   help foster long-term relationships with               marginal incremental expense.
                                                    the information collection requirements                 consumers.                                             Request for Comment
                                                    contained in the Negative Option Rule,                     Over the next three years, there will
                                                    16 CFR part 425 (OMB Control Number                     be an average 85 existing firms per year                  You can file a comment online or on
                                                    3084–0104).                                             (75+85+95 ÷ 3). Thus, the average                      paper. October 16, 2017. Write
                                                       The FTC invites comments on: (1)                     annual hours burden for existing firms                 ‘‘Negative Option Rule: FTC File No.
                                                    Whether the proposed collection of                      is expected to be 8,500. The 10 new                    P064202’’ on your comment. Your
                                                    information is necessary for the proper                 clubs entering the market per year                     comment—including your name and
                                                    performance of the functions of the                     require approximately 125 hours to                     your state—will be placed on the public
                                                    agency, including whether the                           comply with the Rule, including start                  record of this proceeding, including, to
                                                    information will have practical utility;                up-time. Thus, the cumulative PRA                      the extent practicable, on the public
                                                    (2) the accuracy of the agency’s estimate               burden for new clubs is about 1,250                    Commission Web site, at https://
                                                    of the burden of the proposed collection                hours (10 clubs × 125 hours). Combined                 www.ftc.gov/policy/public-comments.
                                                    of information, including the validity of               with the estimated burden for                          Postal mail addressed to the
                                                    the methodology and assumptions used;                   established clubs, the total annual                    Commission is subject to delay due to
                                                    (3) ways to enhance the quality, utility,               burden is 9,725 hours.                                 heightened security screening. As a
                                                    and clarity of the information to be                       Estimated annual cost burden:                       result, we encourage you to submit your
                                                    collected; and (4) ways to minimize the                 $473,750 (solely related to labor costs).              comments online. To make sure that the
                                                    burden of the collection of information                    Based on recent data from the Bureau                Commission considers your online
                                                    on those who are to respond, including                  of Labor Statistics,2 the mean hourly                  comment, you must file it at https://
                                                    through the use of appropriate                          wage for advertising managers is                       ftcpublic.commentworks.com/ftc/
                                                    automated, electronic, mechanical, or                   approximately $57 per hour;                            NegOptionPRA by following the
                                                    other technological collection                          compensation for office and                            instructions on the web based form. If
                                                    techniques or other forms of information                administrative support personnel is                    this Notice appears at https://
                                                    technology, e.g., permitting electronic                 approximately $17 per hour. Assuming                   www.regulations.gov, you also may file
                                                    submission of responses.                                that managers perform the bulk of the                  a comment through that Web site.
                                                       The Negative Option Rule governs the                 work, and clerical personnel perform                      If you file your comment on paper,
                                                    operation of prenotification subscription               associated tasks (e.g., placing                        write ‘‘Negative Option Rule: FTC File
                                                    plans. Under these types of plans, a                    advertisements and responding to                       No. P064202’’ on your comment and on
                                                    seller provides a consumer with                         inquiries about offerings or prices), the              the envelope, and mail your comment to
                                                    automatic shipments of merchandise                                                                             the following address: Federal Trade
                                                                                                            total cost to the industry for the Rule’s
                                                    such as when a consumer joins as a                                                                             Commission, Office of the Secretary,
                                                                                                            information collection requirements
                                                    member in a seller’s book of the month                                                                         600 Pennsylvania Avenue NW., Suite
                                                                                                            would be approximately $473,750 [(80
                                                    club, food of the month club, or clothing                                                                      CC–5610 (Annex C), Washington, DC
                                                                                                            hours managerial time × 85 existing
                                                    items of the month club unless the                                                                             20580, or deliver your comment to the
                                                                                                            clubs × $57 per hour) + (20 hours
                                                    consumer affirmatively notifies the                                                                            following address: Federal Trade
                                                                                                            clerical time × 85 existing clubs × $17
                                                    seller they do not want the shipment.                                                                          Commission, Office of the Secretary,
                                                                                                            per hour) + (90 hours managerial time
                                                    The Rule requires that a seller notify a                                                                       Constitution Center, 400 7th Street SW.,
                                                                                                            × 10 new clubs × $57 per hour) + (35
                                                    member that they will automatically                                                                            5th Floor, Suite 5610, Washington, DC
                                                                                                            hours clerical time × 10 new clubs ×
                                                    ship merchandise to the member and                                                                             20024. If possible, submit your paper
                                                                                                            $17)].
                                                    bill the member for the merchandise if                                                                         comment to the Commission by courier
                                                                                                               Because the Rule has been in effect
                                                    the subscriber fails to expressly reject                                                                       or overnight service.
                                                                                                            since 1974, the vast majority of the                      Because your comment will be placed
                                                    the merchandise beforehand within a                     negative option clubs have no current
                                                    prescribed time. The Rule protects                                                                             on the publicly accessible FTC Web site
                                                                                                            start-up costs. For the new clubs that                 at www.ftc.gov, you are solely
                                                    consumers by: (a) Requiring that                        enter the market each year, the costs
                                                    promotional materials disclose the                                                                             responsible for making sure that your
                                                                                                            associated with the Rule’s disclosure                  comment does not include any sensitive
                                                    terms of membership clearly and                         requirements, beyond the additional
                                                    conspicuously; and (b) establishing                                                                            or confidential information. In
                                                                                                            labor costs discussed above, are de                    particular, your comment should not
                                                    procedures for the administration of                    minimis. Negative option clubs already
                                                    such ‘‘negative option’’ plans.                                                                                include any sensitive personal
                                                                                                            have access to the ordinary office
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                   information, such as your or anyone
                                                    Burden Statement                                                                                               else’s Social Security number; date of
                                                                                                              1 The industry estimates of existing firms subject
                                                      Estimated annual hours burden: 9,725                  to the Rule’s disclosure requirements range from       birth; driver’s license number or other
                                                    hours.                                                  190 (2005), 158 (2008), 45 (2011), 35 (2014) and 75    state identification number, or foreign
                                                      Based on industry input, staff                        (2017). Such fluctuations have most likely derived     country equivalent; passport number;
                                                    estimates that approximately 75 existing                from changes in the national economy and trends        financial account number; or credit or
                                                                                                            in the specific industries subject to the Rule.
                                                    clubs each require annually about 100                     2 Occupational Employment And Wages—May              debit card number. You are also solely
                                                    hours to comply with the Rule’s                         2016, Table 1, at https://www.bls.gov/news.release/    responsible for making sure that your
                                                    disclosure requirements. Approximately                  ocwage.t01.htm.                                        comment does not include any sensitive


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                                                                               Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices                                          38909

                                                    health information, such as medical                     DEPARTMENT OF HEALTH AND                              acceptance receipt is on or before that
                                                    records or other individually                           HUMAN SERVICES                                        date.
                                                    identifiable health information. In                                                                             Comments received on or before
                                                    addition, your comment should not                       Food and Drug Administration                          August 30, 2017, will be provided to the
                                                    include any ‘‘trade secret or any                                                                             committees. Comments received after
                                                                                                            [Docket No. FDA–2017–N–4836]
                                                    commercial or financial information                                                                           that date will be taken into
                                                    which . . . is privileged or                            Joint Meeting of the Anesthetic and                   consideration by the Agency.
                                                    confidential’’—as provided by Section                   Analgesic Drug Products Advisory                        You may submit comments as
                                                                                                            Committee and the Drug Safety and                     follows:
                                                    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)—                 Risk Management Advisory                              Electronic Submissions
                                                    including in particular competitively                   Committee; Notice of Meeting;                           Submit electronic comments in the
                                                    sensitive information such as costs,                    Establishment of a Public Docket;                     following way:
                                                    sales statistics, inventories, formulas,                Request for Comments                                    • Federal eRulemaking Portal: https://
                                                    patterns, devices, manufacturing                        AGENCY:    Food and Drug Administration,              www.regulations.gov. Follow the
                                                    processes, or customer names.                           HHS.                                                  instructions for submitting comments.
                                                       Comments containing material for                                                                           Comments submitted electronically,
                                                                                                            ACTION: Notice; establishment of a
                                                    which confidential treatment is                                                                               including attachments, to https://
                                                                                                            public docket; request for comments.
                                                    requested must be filed in paper form,                                                                        www.regulations.gov will be posted to
                                                    must be clearly labeled ‘‘Confidential,’’               SUMMARY:   The Food and Drug                          the docket unchanged. Because your
                                                    and must comply with FTC Rule 4.9(c).                   Administration (FDA or Agency)                        comment will be made public, you are
                                                                                                            announces a forthcoming public                        solely responsible for ensuring that your
                                                    In particular, the written request for
                                                                                                            advisory committee meeting of the                     comment does not include any
                                                    confidential treatment that accompanies
                                                                                                            Anesthetic and Analgesic Drug Products                confidential information that you or a
                                                    the comment must include the factual                                                                          third party may not wish to be posted,
                                                    and legal basis for the request, and must               Advisory Committee and the Drug
                                                                                                            Safety and Risk Management Advisory                   such as medical information, your or
                                                    identify the specific portions of the                                                                         anyone else’s Social Security number, or
                                                                                                            Committee. The general function of the
                                                    comment to be withheld from the public                                                                        confidential business information, such
                                                                                                            committees is to provide advice and
                                                    record. See FTC Rule 4.9(c). Your                                                                             as a manufacturing process. Please note
                                                                                                            recommendations to the Agency on
                                                    comment will be kept confidential only                  FDA’s regulatory issues. The meeting                  that if you include your name, contact
                                                    if the General Counsel grants your                      will be open to the public. FDA is                    information, or other information that
                                                    request in accordance with the law and                  establishing a docket for public                      identifies you in the body of your
                                                    the public interest. Once your comment                  comment on this document.                             comments, that information will be
                                                    has been posted on the public FTC Web                                                                         posted on https://www.regulations.gov.
                                                                                                            DATES: The public meeting will be held
                                                    site—as legally required by FTC Rule                                                                            • If you want to submit a comment
                                                                                                            on September 14, 2017, from 8 a.m. to
                                                    4.9(b)—we cannot redact or remove                                                                             with confidential information that you
                                                                                                            12:30 p.m.
                                                    your comment from the FTC Web site,                                                                           do not wish to be made available to the
                                                                                                            ADDRESSES: Tommy Douglas Conference                   public, submit the comment as a
                                                    unless you submit a confidentiality
                                                                                                            Center, the Ballroom, 10000 New                       written/paper submission and in the
                                                    request that meets the requirements for
                                                                                                            Hampshire Ave., Silver Spring, MD                     manner detailed (see ‘‘Written/Paper
                                                    such treatment under FTC Rule 4.9(c),                   20903. Answers to commonly asked
                                                    and the General Counsel grants that                                                                           Submissions’’ and ‘‘Instructions’’).
                                                                                                            questions about FDA Advisory
                                                    request.                                                Committee meetings may be accessed at:                Written/Paper Submissions
                                                       Visit the Commission Web site at                     https://www.fda.gov/                                    Submit written/paper submissions as
                                                    https://www.ftc.gov to read this Notice.                AdvisoryCommittees/                                   follows:
                                                    The FTC Act and other laws that the                     AboutAdvisoryCommittees/                                • Mail/Hand delivery/Courier (for
                                                    Commission administers permit the                       ucm408555.htm. Information about the                  written/paper submissions): Dockets
                                                    collection of public comments to                        Tommy Douglas Conference Center can                   Management Staff (HFA–305), Food and
                                                    consider and use in this proceeding as                  be accessed at: https://                              Drug Administration, 5630 Fishers
                                                    appropriate. The Commission will                        www.tommydouglascenter.com/.                          Lane, Rm. 1061, Rockville, MD 20852.
                                                    consider all timely and responsive                        FDA is establishing a docket for                      • For written/paper comments
                                                    public comments that it receives on or                  public comment on this meeting. The                   submitted to the Dockets Management
                                                    before October 16, 2017. You can find                   docket number is FDA–2017–N–4836.                     Staff, FDA will post your comment, as
                                                    more information, including routine                     The docket will close on September 13,                well as any attachments, except for
                                                    uses permitted by the Privacy Act, in                   2017. Submit either electronic or                     information submitted, marked and
                                                                                                            written comments on this public                       identified, as confidential, if submitted
                                                    the Commission’s privacy policy, at
                                                                                                            meeting by September 13, 2017. Please                 as detailed in ‘‘Instructions.’’
                                                    https://www.ftc.gov/site-information/
                                                                                                            note that late, untimely filed comments                 Instructions: All submissions received
                                                    privacy-policy.                                                                                               must include the Docket No. FDA–
                                                                                                            will not be considered. Electronic
                                                    David C. Shonka,                                        comments must be submitted on or                      2017–N–4836 for ‘‘Anesthetic and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Acting General Counsel.                                 before September 13, 2017. The https://               Analgesic Drug Products Advisory
                                                    [FR Doc. 2017–17318 Filed 8–15–17; 8:45 am]
                                                                                                            www.regulations.gov electronic filing                 Committee and the Drug Safety and Risk
                                                                                                            system will accept comments until                     Management Advisory Committee;
                                                    BILLING CODE 6750–01–P
                                                                                                            midnight Eastern Time at the end of                   Notice of Meeting; Establishment of a
                                                                                                            September 13, 2017. Comments received                 Public Docket; Request for Comments.’’
                                                                                                            by mail/hand delivery/courier (for                    Received comments, those filed in a
                                                                                                            written/paper submissions) will be                    timely manner (see ADDRESSES), will be
                                                                                                            considered timely if they are                         placed in the docket and, except for
                                                                                                            postmarked or the delivery service                    those submitted as ‘‘Confidential


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Document Created: 2017-08-16 10:26:49
Document Modified: 2017-08-16 10:26:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted by October 16, 2017.
ContactRequests for additional information
FR Citation82 FR 38907 

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