82_FR_54563 82 FR 54342 - Agency Information Collection Activities; Submission for OMB Review; Comment Request

82 FR 54342 - Agency Information Collection Activities; Submission for OMB Review; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 221 (November 17, 2017)

Page Range54342-54344
FR Document2017-24915

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 proposed information requests sent pursuant to compulsory process to a combined ten or more of the largest domestic cigarette manufacturers and smokeless tobacco manufacturers. The information sought would include, among other things, data on annual sales and marketing expenditures. The current FTC clearance from the Office of Management and Budget (``OMB'') to conduct such information collection expires January 31, 2018. The Commission intends to ask OMB for renewed three-year clearance to collect this information.

Federal Register, Volume 82 Issue 221 (Friday, November 17, 2017)
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54342-54344]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24915]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; 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 proposed information requests sent pursuant to 
compulsory process to a combined ten or more of the largest domestic 
cigarette manufacturers and smokeless tobacco manufacturers. The 
information sought would include, among other things, data on annual 
sales and marketing expenditures. The current FTC clearance from the 
Office of Management and Budget (``OMB'') to conduct such information 
collection expires January 31, 2018. The Commission intends to ask OMB 
for renewed three-year clearance to collect this information.

DATES: Comments on the proposed information requests must be received 
on or before December 18, 2017.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write: ``Tobacco Reports: 
Paperwork Comment, FTC File No. P054507'' on your comment, and file the 
comment online at https://ftcpublic.commentworks.com/ftc/tobaccoreportspra 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 or 
copies of the proposed collection of information should be addressed to 
Michael Ostheimer, Division of Advertising Practices, Bureau of 
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 
NW., Mailstop CC-10603, Washington, DC 20580. Telephone: (202) 326-
2699.

SUPPLEMENTARY INFORMATION: 
    Title: FTC Cigarette and Smokeless Tobacco Data Collection.
    OMB Control Number: 3084-0134.
    Type of Review: Extension of currently approved collection.
    On August 10, 2017, the Commission sought comment on the 
information collection requirements associated with the Cigarette and 
Smokeless Tobacco Data Collection. 82 FR 37440 (``August 10, 2017 
Notice''). Pursuant to the OMB regulations, 5 CFR part 1320, that 
implement the PRA, 44 U.S.C. 3501 et seq., the FTC is providing a 
second opportunity for the public to comment while seeking OMB approval 
to renew the existing clearance for the information the FTC proposes to 
seek from the largest domestic cigarette manufacturers and smokeless 
tobacco manufacturers.
    In response to the August 10, 2017 Notice, the Commission received 
comments from the Campaign for Tobacco-Free Kids (``CTFK'') and Altria 
Client Services (``Altria'').
    The CTFK comment specifically noted the utility and importance of 
the Commission's Cigarette and Smokeless Tobacco Reports, and urged the 
agency to continue collecting and reporting industry sales and 
marketing expenditure data, which CTFK stated provide ``critical data 
to researchers, policymakers, advocates and the general public.'' CTFK 
additionally observed:

    The FTC is currently the primary source for data on cigarette 
and smokeless tobacco companies' marketing and promotional 
expenditures. No other agency collects and publishes such 
information directly from the companies, making the FTC reports the 
most accurate and reliable assessment of tobacco marketing and 
promotion expenditures available.

CTFK at 1.

    CTFK, however, suggested certain modifications to the Commission's 
reports. Specifically, CTFK recommended that the Commission: (1) Report 
separately price discount expenditures for retailers and wholesalers; 
(2) clarify the definitions of certain expenditure categories--
specifically, in which category coupons that consumers obtain online 
are to be counted; (3) report data on a company-

[[Page 54343]]

specific or brand-specific basis, rather than on a fully-aggregated 
basis; (4) require manufacturers to report expenditures related to 
corporate sponsorships and advertisements; and (5) provide an option to 
download the published report data in spreadsheet format. Id. at 2.
    The Commission agrees that collecting and reporting separately 
price discount expenditures for retailers and wholesalers is useful. 
Beginning with its 6(b) Orders for 2014, the Commission has been 
separately collecting and reporting information about price discounts 
paid to retailers and price discounts paid to wholesalers.
    The Commission will clarify in future Orders that expenditures on 
coupons delivered online should be reported together with coupons 
delivered by other means. The full impact of couponing by the major 
cigarette and smokeless tobacco manufacturers can only be seen if 
expenditures for all coupons are reported together, regardless of how 
those coupons are delivered to consumers.
    Regarding CTFK's suggestion that data be reported on other than a 
fully-aggregated, nationwide basis, the cigarette and smokeless tobacco 
companies assert that those data are confidential and, as CTFK 
acknowledges, the Commission cannot publicly release trade secrets or 
certain commercial or financial information. Id. at 2 n.2.
    As for requiring manufacturers to report expenditures related to 
corporate sponsorships and advertisements, the Commission already 
requires the recipients of its 6(b) Orders to report certain 
expenditures made in the name of the company, rather than any of its 
brands.\1\ However, the Commission does not include those data in its 
Cigarette and Smokeless Tobacco Reports. The Commission will consider 
whether those expenditures should be reported in the future or whether 
to cease collecting this information.
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    \1\ Both the cigarette and smokeless tobacco Orders require the 
recipients to report expenditures on ``public entertainment events 
(including, but not limited to, concerts and sporting events) 
bearing or otherwise displaying the name of the Company or any 
variation thereof but not bearing or otherwise displaying the name, 
logo, or an image of any portion of the package'' of any of its 
cigarettes or smokeless tobacco products, or otherwise referring to 
those products.
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    The Commission agrees that it would be helpful to provide an option 
to download the published report data in spreadsheet format and will 
begin doing so with its next published reports.
    Altria stated that the Commission should no longer collect any 
information from cigarette and smokeless tobacco manufacturers ``in 
light of the Food and Drug Administration's . . . extensive, active 
regulatory authority over tobacco products under the Family Smoking 
Prevention and Tobacco Control Act,'' calling such collections 
``superfluous'' and ``unnecessary burdens.'' Altria at 1, 3. Altria 
contends that the FTC's most recent requests seek ``not only 
information that the companies already produce to FDA, but also 
information unrelated to the advertising and promotion of tobacco 
products.'' Id. at 3-4. It gives the following examples:

    (a) cigarette design data, including cigarette length, style, 
flavor, and filter type; (b) constituent data, including nicotine, 
carbon monoxide, and tar; (c) lists of cigarettes first sold or 
discontinued in 2016; and (d) lists of other product information, 
including brand varieties, pack size, and package type.

Id. at 4 n.15. Altria also suggests that the FTC has recently expanded 
its requests to seek information on expenditures from parent companies 
that do not sell or advertise tobacco products. Id. at 3.

    The FTC staff and FDA staff have a long tradition of working 
together on the many areas where the two agencies share jurisdiction. 
The FDA is not collecting cigarette or smokeless tobacco sales and 
marketing expenditure data like that required by the Commission's 6(b) 
Orders, so there is no overlap or duplication with respect to such 
data. Moreover, to the extent there might be some overlap in the 
collection of information about whether brand styles of cigarettes are 
filtered or unfiltered, menthol or non-menthol, and their cigarette 
length, the Commission needs those data so it can combine them with 
sales information for each brand style in order to report the 
percentages of cigarettes sold by the leading manufacturers falling 
into each product type category (e.g., 26% of the cigarettes sold by 
these manufacturers in 2015 were menthol). FDA is not collecting 
cigarette sales information, so it cannot calculate sales percentages 
by product types. The Commission intends to continue collecting 
cigarette and smokeless tobacco sales and marketing expenditure data, 
together with cigarette length, flavor, and filter information. To the 
extent that in the future the FDA duplicates the FTC's data collection, 
the FTC can modify or cease its collection.
    Until 2000, the Commission collected cigarette tar, nicotine, and 
carbon monoxide yields and published that information by brand style. 
Because of concerns that the yield information was misleading 
consumers, the Commission ceased publishing that information, but it 
has continued to collect tar, nicotine, and carbon monoxide yields to 
the extent recipients of the 6(b) Orders possess it, and the Commission 
releases the data to researchers in response to Freedom of Information 
Act requests. In recent years, however, there have been very few 
requests for the data. Given that the Commission no longer publishes 
tar, nicotine, and carbon monoxide reports and the limited interest in 
these data, the Commission intends to cease collecting tar, nicotine, 
and carbon monoxide yield data.
    There are other information fields that the Commission no longer 
needs to collect, including information about cigarette package type, 
cigarette package size, cigarette styles, and whether a cigarette 
variety's tar yield and its nicotine yield are disclosed on its 
package. The Commission intends to continue to collect UPC-Codes in 
order to distinguish one variety from another, but does not need any 
other variety descriptors beyond cigarette length, flavor, and filter 
information. The Commission also no longer needs lists of cigarettes 
first sold or discontinued in a calendar year.
    Contrary to Altria's suggestion, the FTC did not recently expand 
its requests to seek information from parent companies. More than a 
decade ago, the Commission began directing its orders to the ultimate 
domestic parents of the cigarette and smokeless tobacco manufacturers 
because some parent companies owned more than one subsidiary selling 
those products and the Commission wanted to ensure that no relevant 
data from affiliated companies went unreported. Moreover, the 6(b) 
Orders ask several questions about whether the recipient engages in 
certain practices, such as paying for cigarette or smokeless tobacco 
product placement in movies, and the Commission wants to be sure that 
such practices by any related company are reported, even if that 
company does not itself sell cigarette or smokeless tobacco products. 
The Commission intends to continuing directing its 6(b) Orders to the 
parent companies of the leading cigarette and smokeless tobacco 
manufacturers.
    Burden Statement: \2\
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    \2\ The details and assumptions underlying these estimates were 
set forth in the August 10, 2017 Federal Register notice.
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    Estimated Annual Burden: 1,980 hours.\3\
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    \3\ The Commission intends to use this PRA clearance renewal to 
collect information from the companies concerning their marketing 
and sales activities for the years 2017, 2018, and 2019. The 
Commission expects to issue compulsory process orders seeking this 
information annually, but it is possible that orders might not be 
issued in any given year and that orders seeking information for two 
years would be issued the next year. The figures set forth in this 
notice for the estimated hours and labor costs associated with this 
information collection represent average annual burden over the 
course of the prospective PRA clearance.

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[[Page 54344]]

    Estimated Number of Respondents: 15 maximum.
    These estimates include any time spent by separately incorporated 
subsidiaries and other entities affiliated with the ultimate parent 
companies that receive the information requests.
    Estimated Average Burden per Year per Respondent: 180 hours.
    (a) Information requests to the four largest cigarette companies 
and five largest smokeless tobacco companies, at a per company average 
each year of 180 hours = 1,620 hours, cumulatively, per year; and
    (b) Information requests to six additional respondents, of smaller 
size, at a per company average each year of 60 hours = 360 hours, 
cumulatively, per year.
    Estimated Annual Labor Cost: $198,000.
    Estimated Capital or Other Non-Labor Cost: De minimis.
    Request for Comment: You can file a comment online or on paper. For 
the Commission to consider your comment, we must receive it on or 
before December 18, 2017. Write ``Tobacco Reports: Paperwork Comment, 
FTC File No. P054507'' 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 http://www.ftc.gov/os/publiccomments.shtm.
    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, or to send them to the Commission by courier or 
overnight service. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/tobaccoreportspra, by following the instructions on the web-based 
form. When this Notice appears at http://www.regulations.gov/#!home, 
you also may file a comment through that Web site.
    If you file your comment on paper, write ``Tobacco Reports: 
Paperwork Comment, FTC File No. P054507'' 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 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. 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 https://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 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.
    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 December 18, 
2017. For information on the Commission's privacy policy, including 
routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
    Comments on the information collection requirements subject to 
review under the PRA should additionally be submitted to OMB. If sent 
by U.S. mail, they should be addressed to Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for the Federal Trade Commission, New Executive Office 
Building, Docket Library, Room 10102, 725 17th Street NW., Washington, 
DC 20503. Comments sent to OMB by U.S. postal mail are subject to 
delays due to heightened security precautions. Thus, comments instead 
can also be sent via email to [email protected].

David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-24915 Filed 11-16-17; 8:45 am]
 BILLING CODE 6750-01-P



                                                54342                       Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices

                                                ‘‘. . . part of a single, common business               www.fmc.gov/P2-17. Replies filed in                   FOR FURTHER INFORMATION CONTACT:
                                                enterprise . . .’’ though they will retain              response to the Petition will also be                 Requests for additional information or
                                                the brands as separate legal entities. The              posted on the Commission’s Web site at                copies of the proposed collection of
                                                Petitioners speculate that ‘‘the                        this location.                                        information should be addressed to
                                                transaction will be completed . . .                                                                           Michael Ostheimer, Division of
                                                                                                        Rachel E. Dickon,
                                                potentially as early as mid-December                                                                          Advertising Practices, Bureau of
                                                2017.’’ Petitioners state that ‘‘the                    Assistant Secretary.                                  Consumer Protection, Federal Trade
                                                exemption would apply to all                            [FR Doc. 2017–25007 Filed 11–16–17; 8:45 am]          Commission, 600 Pennsylvania Avenue
                                                agreements and activities between                       BILLING CODE 6731–AA–P                                NW., Mailstop CC–10603, Washington,
                                                Cosco and OOCL that would otherwise                                                                           DC 20580. Telephone: (202) 326–2699.
                                                be subject to filing under the Act, so                                                                        SUPPLEMENTARY INFORMATION:
                                                long as the parties are commonly owned                                                                           Title: FTC Cigarette and Smokeless
                                                and controlled.’’ The Petitioners claim                 FEDERAL TRADE COMMISSION
                                                                                                                                                              Tobacco Data Collection.
                                                that ‘‘the requested exemption will not                 Agency Information Collection                            OMB Control Number: 3084–0134.
                                                result in a substantial reduction in                    Activities; Submission for OMB                           Type of Review: Extension of
                                                competition and will not be detrimental                 Review; Comment Request                               currently approved collection.
                                                to commerce.’’                                                                                                   On August 10, 2017, the Commission
                                                   In order for the Commission to make                  AGENCY:   Federal Trade Commission                    sought comment on the information
                                                a thorough evaluation of the exemption                  (‘‘FTC’’ or ‘‘Commission’’).                          collection requirements associated with
                                                requested in the Petition, pursuant to 46               ACTION: Notice.                                       the Cigarette and Smokeless Tobacco
                                                CFR 502.92, interested parties are                                                                            Data Collection. 82 FR 37440 (‘‘August
                                                requested to submit views or arguments                  SUMMARY:   The information collection                 10, 2017 Notice’’). Pursuant to the OMB
                                                in reply to the Petition no later than                  requirements described below will be                  regulations, 5 CFR part 1320, that
                                                December 1, 2017. Replies shall be sent                 submitted to the Office of Management                 implement the PRA, 44 U.S.C. 3501 et
                                                to the Secretary by email to Secretary@                 and Budget (‘‘OMB’’) for review, as                   seq., the FTC is providing a second
                                                fmc.gov or by mail to Federal Maritime                  required by the Paperwork Reduction                   opportunity for the public to comment
                                                Commission, 800 North Capitol Street                    Act (‘‘PRA’’). The FTC seeks public                   while seeking OMB approval to renew
                                                NW., Washington, DC 20573–0001, and                     comments on proposed information                      the existing clearance for the
                                                replies shall be served on Petitioners’                 requests sent pursuant to compulsory                  information the FTC proposes to seek
                                                counsels, David F. Smith, Cozen O’                      process to a combined ten or more of the              from the largest domestic cigarette
                                                Connor, 1200 Nineteenth Street NW.,                     largest domestic cigarette manufacturers              manufacturers and smokeless tobacco
                                                Suite 300, Washington, DC 20036,                        and smokeless tobacco manufacturers.                  manufacturers.
                                                dsmith@cozen.com, Robert B.                             The information sought would include,                    In response to the August 10, 2017
                                                Yoshitomi, Nixon Peabody LLP, 300                       among other things, data on annual                    Notice, the Commission received
                                                South Grand Avenue, Suite 4100, Los                     sales and marketing expenditures. The                 comments from the Campaign for
                                                Angeles, CA 90071–3151, ryoshitomi@                     current FTC clearance from the Office of
                                                nixonpeabody.com, and Eric C. Jeffrey,                                                                        Tobacco-Free Kids (‘‘CTFK’’) and Altria
                                                                                                        Management and Budget (‘‘OMB’’) to                    Client Services (‘‘Altria’’).
                                                799 9th Street NW., Suite 500,                          conduct such information collection
                                                Washington, DC 20001–5327, ejeffrey@                                                                             The CTFK comment specifically
                                                                                                        expires January 31, 2018. The                         noted the utility and importance of the
                                                nixonpeabody.com.                                       Commission intends to ask OMB for
                                                   Non-confidential filings may be                                                                            Commission’s Cigarette and Smokeless
                                                                                                        renewed three-year clearance to collect               Tobacco Reports, and urged the agency
                                                submitted in hard copy to the Secretary                 this information.
                                                at the above address or by email as a                                                                         to continue collecting and reporting
                                                                                                        DATES: Comments on the proposed                       industry sales and marketing
                                                PDF attachment to Secretary@fmc.gov
                                                and include in the subject line: P2–17                  information requests must be received                 expenditure data, which CTFK stated
                                                (Commenter/Company). Confidential                       on or before December 18, 2017.                       provide ‘‘critical data to researchers,
                                                filings should not be filed by email. A                 ADDRESSES: Interested parties may file a              policymakers, advocates and the general
                                                confidential filing must be filed with the              comment online or on paper, by                        public.’’ CTFK additionally observed:
                                                Secretary in hard copy only, and be                     following the instructions in the                       The FTC is currently the primary source
                                                accompanied by a transmittal letter that                Request for Comment part of the                       for data on cigarette and smokeless tobacco
                                                identifies the filing as ‘‘Confidential-                SUPPLEMENTARY INFORMATION section                     companies’ marketing and promotional
                                                Restricted’’ and describes the nature and               below. Write: ‘‘Tobacco Reports:                      expenditures. No other agency collects and
                                                extent of the confidential treatment                    Paperwork Comment, FTC File No.                       publishes such information directly from the
                                                                                                        P054507’’ on your comment, and file the               companies, making the FTC reports the most
                                                requested. The Commission will
                                                                                                        comment online at https://ftcpublic.                  accurate and reliable assessment of tobacco
                                                provide confidential treatment to the                                                                         marketing and promotion expenditures
                                                extent allowed by law for confidential                  commentworks.com/ftc/tobacco                          available.
                                                submissions, or parts of submissions, for               reportspra by following the instructions
                                                which confidentiality has been                          on the web-based form. If you prefer to               CTFK at 1.
                                                requested. When a confidential filing is                file your comment on paper, mail your                   CTFK, however, suggested certain
                                                submitted, there must also be submitted                 comment to the following address:                     modifications to the Commission’s
                                                a public version of the filing. Such                    Federal Trade Commission, Office of the               reports. Specifically, CTFK
                                                                                                        Secretary, 600 Pennsylvania Avenue                    recommended that the Commission: (1)
sradovich on DSK3GMQ082PROD with NOTICES




                                                public filing version shall exclude
                                                confidential materials, and shall                       NW., Suite CC–5610 (Annex J),                         Report separately price discount
                                                indicate on the cover page and on each                  Washington, DC 20580, or deliver your                 expenditures for retailers and
                                                affected page ‘‘Confidential materials                  comment to the following address:                     wholesalers; (2) clarify the definitions of
                                                excluded.’’ Public versions of                          Federal Trade Commission, Office of the               certain expenditure categories—
                                                confidential filings may be submitted by                Secretary, Constitution Center, 400 7th               specifically, in which category coupons
                                                email. The Petition will be posted on                   Street SW., 5th Floor, Suite 5610                     that consumers obtain online are to be
                                                the Commission’s Web site at http://                    (Annex J), Washington, DC 20024.                      counted; (3) report data on a company-


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                                                                            Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices                                                     54343

                                                specific or brand-specific basis, rather                smokeless tobacco manufacturers ‘‘in                  and carbon monoxide yields to the
                                                than on a fully-aggregated basis; (4)                   light of the Food and Drug                            extent recipients of the 6(b) Orders
                                                require manufacturers to report                         Administration’s . . . extensive, active              possess it, and the Commission releases
                                                expenditures related to corporate                       regulatory authority over tobacco                     the data to researchers in response to
                                                sponsorships and advertisements; and                    products under the Family Smoking                     Freedom of Information Act requests. In
                                                (5) provide an option to download the                   Prevention and Tobacco Control Act,’’                 recent years, however, there have been
                                                published report data in spreadsheet                    calling such collections ‘‘superfluous’’              very few requests for the data. Given
                                                format. Id. at 2.                                       and ‘‘unnecessary burdens.’’ Altria at 1,             that the Commission no longer
                                                   The Commission agrees that                           3. Altria contends that the FTC’s most                publishes tar, nicotine, and carbon
                                                collecting and reporting separately price               recent requests seek ‘‘not only                       monoxide reports and the limited
                                                discount expenditures for retailers and                 information that the companies already                interest in these data, the Commission
                                                wholesalers is useful. Beginning with its               produce to FDA, but also information                  intends to cease collecting tar, nicotine,
                                                6(b) Orders for 2014, the Commission                    unrelated to the advertising and                      and carbon monoxide yield data.
                                                has been separately collecting and                      promotion of tobacco products.’’ Id. at                  There are other information fields that
                                                reporting information about price                       3–4. It gives the following examples:                 the Commission no longer needs to
                                                discounts paid to retailers and price                                                                         collect, including information about
                                                                                                          (a) cigarette design data, including cigarette
                                                discounts paid to wholesalers.                          length, style, flavor, and filter type; (b)           cigarette package type, cigarette package
                                                   The Commission will clarify in future                constituent data, including nicotine, carbon          size, cigarette styles, and whether a
                                                Orders that expenditures on coupons                     monoxide, and tar; (c) lists of cigarettes first      cigarette variety’s tar yield and its
                                                delivered online should be reported                     sold or discontinued in 2016; and (d) lists of        nicotine yield are disclosed on its
                                                together with coupons delivered by                      other product information, including brand            package. The Commission intends to
                                                other means. The full impact of                         varieties, pack size, and package type.               continue to collect UPC-Codes in order
                                                couponing by the major cigarette and                    Id. at 4 n.15. Altria also suggests that the          to distinguish one variety from another,
                                                smokeless tobacco manufacturers can                     FTC has recently expanded its requests                but does not need any other variety
                                                only be seen if expenditures for all                    to seek information on expenditures                   descriptors beyond cigarette length,
                                                coupons are reported together,                                                                                flavor, and filter information. The
                                                                                                        from parent companies that do not sell
                                                regardless of how those coupons are                                                                           Commission also no longer needs lists
                                                                                                        or advertise tobacco products. Id. at 3.
                                                delivered to consumers.                                                                                       of cigarettes first sold or discontinued in
                                                   Regarding CTFK’s suggestion that data                   The FTC staff and FDA staff have a
                                                                                                        long tradition of working together on the             a calendar year.
                                                be reported on other than a fully-
                                                                                                        many areas where the two agencies                        Contrary to Altria’s suggestion, the
                                                aggregated, nationwide basis, the
                                                                                                        share jurisdiction. The FDA is not                    FTC did not recently expand its requests
                                                cigarette and smokeless tobacco
                                                                                                        collecting cigarette or smokeless tobacco             to seek information from parent
                                                companies assert that those data are
                                                                                                        sales and marketing expenditure data                  companies. More than a decade ago, the
                                                confidential and, as CTFK
                                                                                                        like that required by the Commission’s                Commission began directing its orders
                                                acknowledges, the Commission cannot
                                                publicly release trade secrets or certain               6(b) Orders, so there is no overlap or                to the ultimate domestic parents of the
                                                commercial or financial information. Id.                duplication with respect to such data.                cigarette and smokeless tobacco
                                                at 2 n.2.                                               Moreover, to the extent there might be                manufacturers because some parent
                                                   As for requiring manufacturers to                    some overlap in the collection of                     companies owned more than one
                                                report expenditures related to corporate                information about whether brand styles                subsidiary selling those products and
                                                sponsorships and advertisements, the                    of cigarettes are filtered or unfiltered,             the Commission wanted to ensure that
                                                Commission already requires the                         menthol or non-menthol, and their                     no relevant data from affiliated
                                                recipients of its 6(b) Orders to report                 cigarette length, the Commission needs                companies went unreported. Moreover,
                                                certain expenditures made in the name                   those data so it can combine them with                the 6(b) Orders ask several questions
                                                of the company, rather than any of its                  sales information for each brand style in             about whether the recipient engages in
                                                brands.1 However, the Commission does                   order to report the percentages of                    certain practices, such as paying for
                                                not include those data in its Cigarette                 cigarettes sold by the leading                        cigarette or smokeless tobacco product
                                                and Smokeless Tobacco Reports. The                      manufacturers falling into each product               placement in movies, and the
                                                Commission will consider whether                        type category (e.g., 26% of the cigarettes            Commission wants to be sure that such
                                                those expenditures should be reported                   sold by these manufacturers in 2015                   practices by any related company are
                                                in the future or whether to cease                       were menthol). FDA is not collecting                  reported, even if that company does not
                                                collecting this information.                            cigarette sales information, so it cannot             itself sell cigarette or smokeless tobacco
                                                   The Commission agrees that it would                  calculate sales percentages by product                products. The Commission intends to
                                                be helpful to provide an option to                      types. The Commission intends to                      continuing directing its 6(b) Orders to
                                                download the published report data in                   continue collecting cigarette and                     the parent companies of the leading
                                                spreadsheet format and will begin doing                 smokeless tobacco sales and marketing                 cigarette and smokeless tobacco
                                                so with its next published reports.                     expenditure data, together with cigarette             manufacturers.
                                                   Altria stated that the Commission                    length, flavor, and filter information. To               Burden Statement: 2
                                                should no longer collect any                            the extent that in the future the FDA                    Estimated Annual Burden: 1,980
                                                information from cigarette and                          duplicates the FTC’s data collection, the             hours.3
                                                                                                        FTC can modify or cease its collection.
                                                   1 Both the cigarette and smokeless tobacco Orders                                                            2 The details and assumptions underlying these
                                                                                                           Until 2000, the Commission collected
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                                                require the recipients to report expenditures on                                                              estimates were set forth in the August 10, 2017
                                                ‘‘public entertainment events (including, but not
                                                                                                        cigarette tar, nicotine, and carbon                   Federal Register notice.
                                                limited to, concerts and sporting events) bearing or    monoxide yields and published that                      3 The Commission intends to use this PRA

                                                otherwise displaying the name of the Company or         information by brand style. Because of                clearance renewal to collect information from the
                                                any variation thereof but not bearing or otherwise      concerns that the yield information was               companies concerning their marketing and sales
                                                displaying the name, logo, or an image of any                                                                 activities for the years 2017, 2018, and 2019. The
                                                portion of the package’’ of any of its cigarettes or
                                                                                                        misleading consumers, the Commission                  Commission expects to issue compulsory process
                                                smokeless tobacco products, or otherwise referring      ceased publishing that information, but               orders seeking this information annually, but it is
                                                to those products.                                      it has continued to collect tar, nicotine,                                                        Continued




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                                                54344                       Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices

                                                   Estimated Number of Respondents: 15                  5610 (Annex J), Washington, DC 20580,                 collection of public comments to
                                                maximum.                                                or deliver your comment to the                        consider and use in this proceeding as
                                                   These estimates include any time                     following address: Federal Trade                      appropriate. The Commission will
                                                spent by separately incorporated                        Commission, Office of the Secretary,                  consider all timely and responsive
                                                subsidiaries and other entities affiliated              Constitution Center, 400 7th Street SW.,              public comments that it receives on or
                                                with the ultimate parent companies that                 5th Floor, Suite 5610 (Annex J),                      before December 18, 2017. For
                                                receive the information requests.                       Washington, DC 20024. If possible,                    information on the Commission’s
                                                   Estimated Average Burden per Year                    submit your paper comment to the                      privacy policy, including routine uses
                                                per Respondent: 180 hours.                              Commission by courier or overnight                    permitted by the Privacy Act, see
                                                   (a) Information requests to the four                 service.                                              https://www.ftc.gov/site-information/
                                                largest cigarette companies and five                       Because your comment will be placed                privacy-policy.
                                                largest smokeless tobacco companies, at                 on the publicly accessible FTC Web site                 Comments on the information
                                                a per company average each year of 180                  at https://www.ftc.gov/, you are solely               collection requirements subject to
                                                hours = 1,620 hours, cumulatively, per                  responsible for making sure that your                 review under the PRA should
                                                year; and                                               comment does not include any sensitive                additionally be submitted to OMB. If
                                                   (b) Information requests to six                      or confidential information. In                       sent by U.S. mail, they should be
                                                additional respondents, of smaller size,                particular, your comment should not                   addressed to Office of Information and
                                                at a per company average each year of                   include any sensitive personal                        Regulatory Affairs, Office of
                                                60 hours = 360 hours, cumulatively, per                 information, such as your or anyone                   Management and Budget, Attention:
                                                year.                                                   else’s Social Security number; date of                Desk Officer for the Federal Trade
                                                   Estimated Annual Labor Cost:                         birth; driver’s license number or other               Commission, New Executive Office
                                                $198,000.                                               state identification number, or foreign               Building, Docket Library, Room 10102,
                                                   Estimated Capital or Other Non-Labor                 country equivalent; passport number;                  725 17th Street NW., Washington, DC
                                                Cost: De minimis.                                       financial account number; or credit or                20503. Comments sent to OMB by U.S.
                                                   Request for Comment: You can file a                  debit card number. You are also solely                postal mail are subject to delays due to
                                                comment online or on paper. For the                     responsible for making sure that your                 heightened security precautions. Thus,
                                                Commission to consider your comment,                    comment does not include any sensitive                comments instead can also be sent via
                                                we must receive it on or before                         health information, such as medical                   email to wliberante@omb.eop.gov.
                                                December 18, 2017. Write ‘‘Tobacco                      records or other individually
                                                Reports: Paperwork Comment, FTC File                    identifiable health information. In                   David C. Shonka,
                                                No. P054507’’ on your comment. Your                     addition, your comment should not                     Acting General Counsel.
                                                comment—including your name and                         include any ‘‘trade secret or any                     [FR Doc. 2017–24915 Filed 11–16–17; 8:45 am]
                                                your state—will be placed on the public                 commercial or financial information                   BILLING CODE 6750–01–P
                                                record of this proceeding, including, to                which . . . is privileged or
                                                the extent practicable, on the public                   confidential’’—as provided by Section
                                                Commission Web site, at http://                         6(f) of the FTC Act, 15 U.S.C. 46(f), and             DEPARTMENT OF HEALTH AND
                                                www.ftc.gov/os/publiccomments.shtm.                     FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—               HUMAN SERVICES
                                                   Postal mail addressed to the                         including in particular competitively
                                                Commission is subject to delay due to                   sensitive information such as costs,                  Centers for Medicare & Medicaid
                                                heightened security screening. As a                     sales statistics, inventories, formulas,              Services
                                                result, we encourage you to submit your                 patterns, devices, manufacturing
                                                                                                                                                              [Document Identifier: CMS–102 and CMS–
                                                comments online, or to send them to the                 processes, or customer names.
                                                                                                                                                              105]
                                                Commission by courier or overnight                         Comments containing material for
                                                service. To make sure that the                          which confidential treatment is                       Agency Information Collection
                                                Commission considers your online                        requested must be filed in paper form,                Activities: Submission for OMB
                                                comment, you must file it at https://                   must be clearly labeled ‘‘Confidential,’’             Review; Comment Request
                                                ftcpublic.commentworks.com/ftc/                         and must comply with FTC Rule 4.9(c).
                                                tobaccoreportspra, by following the                     In particular, the written request for                AGENCY: Centers for Medicare &
                                                instructions on the web-based form.                     confidential treatment that accompanies               Medicaid Services, HHS.
                                                When this Notice appears at http://                     the comment must include the factual                  ACTION: Notice.
                                                www.regulations.gov/#!home, you also                    and legal basis for the request, and must
                                                                                                        identify the specific portions of the                 SUMMARY:   The Centers for Medicare &
                                                may file a comment through that Web
                                                                                                        comment to be withheld from the public                Medicaid Services (CMS) is announcing
                                                site.
                                                   If you file your comment on paper,                   record. See FTC Rule 4.9(c). Your                     an opportunity for the public to
                                                write ‘‘Tobacco Reports: Paperwork                      comment will be kept confidential only                comment on CMS’ intention to collect
                                                Comment, FTC File No. P054507’’ on                      if the General Counsel grants your                    information from the public. Under the
                                                your comment and on the envelope, and                   request in accordance with the law and                Paperwork Reduction Act of 1995
                                                mail your comment to the following                      the public interest. Once your comment                (PRA), federal agencies are required to
                                                address: Federal Trade Commission,                      has been posted on the public FTC Web                 publish notice in the Federal Register
                                                Office of the Secretary, 600                            site—as legally required by FTC Rule                  concerning each proposed collection of
                                                Pennsylvania Avenue NW., Suite CC–                      4.9(b)—we cannot redact or remove                     information, including each proposed
                                                                                                                                                              extension or reinstatement of an existing
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                                                                                                        your comment from the FTC Web site,
                                                possible that orders might not be issued in any         unless you submit a confidentiality                   collection of information, and to allow
                                                given year and that orders seeking information for      request that meets the requirements for               a second opportunity for public
                                                two years would be issued the next year. The            such treatment under FTC Rule 4.9(c),                 comment on the notice. Interested
                                                figures set forth in this notice for the estimated      and the General Counsel grants that                   persons are invited to send comments
                                                hours and labor costs associated with this
                                                information collection represent average annual         request.                                              regarding the burden estimate or any
                                                burden over the course of the prospective PRA              The FTC Act and other laws that the                other aspect of this collection of
                                                clearance.                                              Commission administers permit the                     information, including the necessity and


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Document Created: 2017-11-17 05:15:08
Document Modified: 2017-11-17 05:15:08
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 on the proposed information requests must be received on or before December 18, 2017.
ContactRequests for additional information or
FR Citation82 FR 54342 

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