FTC Cigarette and Smokeless Tobacco Data Collection

OMB Control No: 3084-0134	ICR Reference No: 202105-3084-003
Status: Received in OIRA	Previous ICR Reference No: 202010-3084-003
Agency/Subagency: FTC	Agency Tracking No:
Title: FTC Cigarette and Smokeless Tobacco Data Collection
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/26/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	25	15
Time Burden (Hours)	3,046	2,940
Cost Burden (Dollars)	0	0

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Abstract: The FTC already has approval to request sales and marketing data from the largest cigarette and smokeless tobacco companies. The Commission now proposes to modify the existing collection instrument to seek information related to heated, non-combusted tobacco products. The Commission proposes to add question #12 to what was already approved by the Office of Management and Budget. Heated, non-combusted cigarettes already fall within the definition of cigarettes, which are covered by the currently approved information collection. However, the electronic devices in which such cigarettes are heated do not fall within the definition of cigarettes, and thus are not covered by the approved information collection. The FTC’s understanding of the overall market for nicotine-based products is incomplete without more information regarding the electronic devices that contain heated, non-combusted cigarettes.

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Authorizing Statute(s): US Code: 15 USC 41 et seq. Name of Law: Federal Trade Commission Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 38139	06/25/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 28351	05/26/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name FTC Cigarette and Smokeless Tobacco Data Collection Modification to FTC Tobacco Data Collection - Largest Respondents Modification to FTC Tobacco Data Collection - Smallest Respondents

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	25	15	0	10	0	0
Annual Time Burden (Hours)	3,046	2,940	0	106	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: As noted above, the FTC’s understanding of the overall market for nicotine-based products is incomplete without more information regarding the electronic devices that contain heated, non-combusted cigarettes. The Commission proposes asking each cigarette manufacturing recipient to state whether it sold heated, non-combusted, cigarettes during a calendar year, and if so to report for the calendar year, the net number of heating devices designed to be used with heated cigarettes that it sold in the United States, the net dollar value of such devices sold, the net number of such devices it gave away in the United States, and the total amount it expended on the advertising, merchandising, or promotion in the United States of such devices. The proposed program change would add an estimated 106 annual hours of burden to the currently authorized 2,940 hours per year under the existing clearance.

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Annual Cost to Federal Government: $25,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Michael Ostheimer 202 326-2699 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 05/26/2021

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