Federal Register Notice

Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices
spent in each of several specified
expenditure categories; (3) whether
industry members are involved in the
appearance of their tobacco products in
television shows or movies; (4) how
much industry members spend on
advertising intended to reduce youth
tobacco usage; (5) the events, if any,
during which industry members’
tobacco brands are televised; and (6) for
the cigarette industry, the tar, nicotine,
and carbon monoxide ratings of their
cigarettes, to the extent they possess
such data. The information will again be
sought using compulsory process under
Section 6(b) of the FTC Act.
On August 7, 2008, the FTC sought
public comment on its proposed
information collection requests to the
major cigarette and smokeless tobacco
manufacturers. 73 FR 46006. One
comment was received, which is
discussed below.2 Pursuant to the OMB
regulations that implement the PRA, 5
CFR Part 1320, the FTC is providing this
second opportunity for public comment
while seeking OMB approval to extend
the existing paperwork clearance for the
information collection requests. All
comments should be filed as prescribed
in the ADDRESSES section above, and
must be received on or before December
15, 2008.

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Comment Received:
Altria Client Services Inc. filed a
comment on behalf of Philip Morris
USA Inc. (‘‘PM USA’’), in which it
stated that PM USA believes the FTC’s
authority to collect the proposed
information ‘‘should be extended given
the important role that the FTC has
played and should continue to play
relative to these products.’’ The
comment then referenced a separate
Commission matter, noting that if the
FTC were to rescind its guidance that
factual statements of cigarette tar and
nicotine yields based on the Cambridge
Filter Method generally do not violate
the FTC Act,3 PM USA would question
the Commission’s need to continue
collecting such information.
The matter referred to by PM USA is
still being considered by the
Commission. If the 1966 guidance is
rescinded, the Commission will decide
whether to continue collecting tar,
nicotine, and carbon monoxide yield
2 That comment is available at http://
www.ftc.gov/os/comments/tobaccoreportspra/
index.shtm.
3 On July 14, 2008, the Commission published a
Federal Register notice seeking comment on a
proposal to rescind its guidance, issued in 1966,
that it is generally not a violation of the FTC Act
to make factual statements of the tar and nicotine
yields of cigarettes when statements of such yields
are supported by testing conducted pursuant to the
Cambridge Filter Method. 73 FR 40,351.

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data to the extent the companies possess
them.
Estimated annual hours burden:
The FTC staff’s estimate of the hours
burden is based on the time required to
respond to each information request.
Although the FTC currently anticipates
sending information requests to the six
largest cigarette companies and the five
largest smokeless tobacco companies in
2009,4 the burden estimate is based on
up to 15 information requests being
issued per year to take into account any
future changes in these industries.
These companies vary greatly in size, in
the number of products that they sell,
and in the extent and variety of their
advertising and promotion. Prior input
received from the industries, combined
with staff’s knowledge of them, suggests
that the time most companies would
require to gather, organize, format, and
produce their responses would range
from 30 to 80 hours per information
request for the smaller companies, to as
much as hundreds of hours for the very
largest companies. As an
approximation, staff continues to
assume a per company average of 180
hours for the ten largest recipients of the
Commission’s information request to
comply with it; cumulatively, 1,800
hours per year.5 Staff further estimates
that for the eleventh recipient of the
information request to be issued in 2009
and the four possible additional
recipients, all of which would be
smaller companies than the initial ten
recipients, the burden should not
exceed 60 hours per company or 300
hours, cumulatively. Thus, the overall
estimated burden for a maximum of 15
recipients of the information request is
2,100 hours. These estimates include
any time spent by separately
incorporated subsidiaries and other
entities affiliated with the ultimate
parent company that has received the
information request.
Estimated cost burden:
It is not possible to calculate with
precision the labor costs associated with
this data production, as they entail
varying compensation levels of
management and/or support staff among
companies of different sizes. Financial,
legal, marketing, and clerical personnel
may be involved in the information
collection process. Commission staff
assumes that professional personnel
will handle most of the tasks involved
4 In August 2008, the Commission issued
information requests to six cigarette companies and
five smokeless tobacco companies. The Commission
anticipates that it will issue requests to the same
number of companies in 2009.
5 70 FR 24415 (May 9, 2005); 70 FR 62313 (Oct.
31, 2005).

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67175

in gathering and producing responsive
information, and have applied an
average hourly wage of $150/hour for
their combined labor. Staff’s best
estimate for the total labor costs for up
to 15 information requests is $315,000.
Staff believes that the capital or other
non-labor costs associated with the
information requests are minimal.
Although the information requests may
necessitate that industry members
maintain the requested information
provided to the Commission, they
should already have in place the means
to compile and maintain business
records.
William Blumenthal,
General Counsel.
[FR Doc. E8–26882 Filed 11–12–08: 8:45 am]
BILLING CODE 6750–01–S

GENERAL SERVICES
ADMINISTRATION
[OMB Control No. 3090–XXXX]

General Services Administration;
Office of Governmentwide Policy;
Information Collection; Standard Form
SF–XXXX, Tangible Personal Property
Report
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Notice of request for comments
regarding a new OMB clearance.
AGENCY:

SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the GSA will be
submitting to the Office of Management
and Budget (OMB) a request to review
and approve a new information
collection requirement regarding
reporting personal tangible property. A
request for public comments was
published at 72 FR 64648, November 16,
2007. Comments were received.
GSA, on behalf of the Grants Policy
Committee proposes to issue a new
standard form, the Tangible Personal
Property Report (SF–XXXX). We
anticipate this being the final notice
before the form and instructions are
finalized. The general public and
Federal agencies are invited to comment
on the proposed final form. To view the
form, go to OMB’s main Web page at
http://www.OMB.gov and click on the
‘‘Grants Management,’’ then ‘‘Forms’’
then Proposed Government-Wide
Standard Grants Reporting Forms Links.
Public comments are particularly
invited on: Whether this collection of
information is necessary and whether it
will have practical utility; whether our
estimate of the public burden of this

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Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices

collection of information is accurate,
and based on valid assumptions and
methodology; and ways to enhance the
quality, utility, and clarity of the
information to be collected.
DATES: Submit comments on or before:
December 15, 2008.
FOR FURTHER INFORMATION CONTACT:
Michael Nelson, Chair, Post-Award
Workgroup; telephone 202–482–4538;
fax 202–482–1844; e-mail
[email protected]; mailing
address 1401 Constitution Avenue,
NW., Room 6054, Washington, DC
20230.

they are required to provide a Federal
agency with information related to
federally owned property, or equipment
and supplies (tangible personal
property) acquired with assistance
award funds. The form does not create
any new reporting requirements. It does
establish a standard annual reporting
date of September 30 to be used if an
award does not specify an annual
reporting date. The standard form will
replace any agency unique forms
currently in use to allow uniformity of
collection and to support future
electronic submission of information.

Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to GSA Desk Officer, OMB,
Room 10236, NEOB, Washington, DC
20503, and a copy to the Regulatory
Secretariat (VPR), General Services
Administration, Room 4041, 1800 F
Street, NW., Washington, DC 20405.
Please cite OMB Control No. 3090–
XXXX, Tangible Personal Property
Report, in all correspondence.
SUPPLEMENTARY INFORMATION:

Background

ADDRESSES:

A. Purpose
GSA, on behalf of the Federal Grants
Streamlining Initiative, proposes to
issue a new standard form, the Tangible
Personal Property Report (SF–XXXX).
The SF–XXXX includes a cover page, an
Annual Report attachment, a Final
Report attachment, a Disposition/
Request Report attachment and a
Supplemental Sheet to provide detailed
item information. The purpose of this
new form is to provide a standard form
for assistance recipients to use when

On November 16, 2007, GSA, on
behalf of the Federal Grants
Streamlining Initiative, announced in
the Federal Register its intent to issue
a new standard form, the Tangible
Personal Property Report (SF–XXXX)
(72 FR 64648).
Public Law 106–107 required OMB to
direct, coordinate, and assist Executive
Branch departments and agencies in
establishing an interagency process to
streamline and simplify Federal
financial assistance procedures for nonFederal entities. The law also required
executive agencies to develop, submit to
the Congress, and implement a plan to
achieve streamlined and simplified
procedures.
Twenty-six Executive Branch agencies
jointly submitted a plan to the Congress
in May 2001, as the Act required. The
plan described the interagency process
through which the agencies would
review current policies and practices,
and seek to streamline and simplify
them. The process involved interagency
work groups under the auspices of the

Grants Management Committee of the
Chief Financial Officers Council. The
plan also identified substantive areas in
which the interagency work groups had
begun their review.
One of the substantive areas that the
agencies identified in the plan was a
need to streamline and simplify Federal
grant reporting requirements and
procedures and associated business
processes to reduce unnecessary
burdens on recipients and to improve
the timeliness, completeness and
quality of the information collected.
Under the standards for management
and disposition of federally owned
property, equipment and supplies
(tangible personal property) in 2 CFR
part 215, the ‘‘Uniform Administrative
Requirements for Grants and
Agreements With Institutions of Higher
Education, Hospitals, and Other NonProfit Organizations’’, and the ‘‘Uniform
Administrative Requirements for Grants
and Agreements with State and Local
Governments’’, codified by Federal
agencies at 53 FR 8048 (March 11,
1988), recipients may be required to
provide Federal agencies with
information concerning property in
their custody annually, at award
closeout, or when the property is no
longer needed.
During the public consultation
process mandated by Public Law 106–
107, recipients suggested the need for a
standard form to help them submit
appropriate property information when
required. The Public Law 106–107 Post
Award Reports Subgroup developed the
Tangible Personal Property Report (SF–
XXXX) for submission of required data
in the situations outlined in the Table
below:

For . . .

A recipient must . . .

When . . .

Under . . .

Federally owned equipment ......

Submit an inventory listing the
equipment.

Annually, with information accurate as of 30
September, unless the award specifies a
different date.
It wants to use the equipment on other activities not sponsored by the Federal Government.
Immediately upon finding equipment is lost,
damaged, or stolen.
The equipment is no longer needed ..............

2 CFR 215.33(a)(1); A–102,
l.32(f)(2).

Request Federal agency authorization.
Notify the Federal awarding
agency.
Request disposition instructions.

Upon completion of the award .......................

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Grantee-acquired equipment in
which the Federal Government retains an interest.

Obtain Federal awarding
agency approval.

Compensate the original Federal awarding agency or its
successor.

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Acquiring replacement equipment, before: (1)
using the current equipment as trade-in; or
(2) selling it and using the proceeds to offset the costs of the replacement equipment.
Equipment has a per unit fair market value
of greater than $5,000 and the grantee no
longer needs the equipment for Federally
supported activities but will retain the
equipment for other uses.

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2 CFR 215.34(d).

2 CFR 215.34(f)(4).
2 CFR 215.33(a)(1); A–102,
l.32(f)(3).
2 CFR 215.33(a)(1) and 2
CFR 215.71(f); A–102,
l.50(b)(5).
2 CFR 215.34(e); A–102,
l.32(c)(4).

2 CFR 215.34(g); A–102,
l.32(e)(2).

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Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices
For . . .

A recipient must . . .

When . . .

Under . . .

Request disposition instructions.
Sell the equipment and reimburse the Federal awarding
agency for the Federal
share.

Grantee no longer needs the equipment for
any purpose.
Equipment has a per unit fair market value
of greater than $5,000 and the recipient no
longer needs the equipment for any purpose and requested disposition instructions, and either was instructed to sell the
equipment or received no instructions within 120 days.
Upon completion of the award, when the
awarding agency has reserved the right to
transfer title to the Federal Government or
a third party.
It has a residual inventory of unused supplies exceeding $5,000 in aggregate value
at the end of a project or program that are
not needed for other Federally supported
activities.

2 CFR 215.34(g).

Account for the equipment ....

Supplies .....................................

Compensate the Federal
Government for its share.

2 CFR 215.34(g)(1); A–102,
l.32(e)(2).

2 CFR 215.71(f) and 2 CFR
215.34(g)(4)(ii).
2 CFR 215.35(a); A–102,
l.33(b).

Note: Citations listed in this table for OMB Circular A–102 refer to each agency’s implementing regulations. The underscore is where each
agency’s individual CFR location would be inserted. Citations for 2 CFR 215 are from OMB Circular A–110 which has been relocated to 2 CFR,
Part 215. For further information on the Circulars, please refer to http://www.whitehouse.gov/omb/grants/attach.html.

Comments on 2007 Federal Register
Notice and Responses
Comment: Requested clarification as
to whether the new report would take
precedence over specific reporting
requirements in the provisions of their
awards.
Response: The (SF–XXXX) will
replace any agency unique forms

currently in use, but it does not create
any new reporting requirements. The
provisions of individual awards still
apply.
B. Annual Reporting Burden
This report will be used to collect
information related to tangible personal
property (and supplies) when required
by a Federal financial assistance award.

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Number of
responses per
respondent

Number of
respondents

Instrument

Since this form will primarily be used
for reporting under grants, and GSA
does not award grants, we are providing
a burden estimate for one respondent.
Respondents: Federal agencies and
their assistance recipients.
Estimated Total Annual Burden
Hours: 2.75.
Estimated Cost: There is no expected
cost to the respondents or to GSA.
Average burden
hours per
response

Total burden
hours

Tangible Personal Property Report (SF–XXXX) .............................
Annual Report: Attachment to SF–XXXX ........................................
Final Report: Attachment to SF–XXXX ...........................................
Disposition Request/Report: Attachment to SF–XXXX ...................
Tangible Personal Property Report Supplemental Sheet (SF–
XXXX–S) ......................................................................................

1
1
1
1

1
1
1
1

0.166666667
0.75
0.75
0.75

0.166666667
0.75
0.75
0.75

1

1

0.333333333

0.333333333

Total ..........................................................................................

............................

............................

............................

2.75

Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat (VPR), 1800 F
Street, NW., Room 4041, Washington,
DC 20405, telephone (202) 208–4755.
Please cite OMB Control No. 3090–
XXXX, Tangible Personal Property
Report, in all correspondence.

GENERAL SERVICES
ADMINISTRATION

Dated: October 17, 2008.
Casey Coleman,
Chief Information Officer.
[FR Doc. E8–26994 Filed 11–12–08; 8:45 am]

AGENCY:

BILLING CODE 6820–RH–P

[OMB Control No. 3090–XXXX]

General Services Administration;
Office of Governmentwide Policy;
Information Collection Standard Form
(SF–XXXX), Real Property Status
Report
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Interim Notice; request for
comments regarding a new information
collection.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the GSA Office of
Governmentwide Policy will submit to

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the Office of Management and Budget
(OMB) a request to review and approve
a new information collection
requirement concerning reporting real
property status. The GSA, on behalf of
the Grants Policy Committee, proposes
to issue a new standard form, the Real
Property Status Report (RPSR) (SF–
XXXX).
This interim notice is being issued to
address comments received as a result
of the notice published in the Federal
Register at 72 FR 64646 on November
16, 2007, and to present changes made
to the report as a result of those
comments. We anticipate this being the
interim notice before the form and
instructions are finalized.
The general public and Federal
agencies are invited to comment on the
proposed revised report. To view the

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