Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 64948-64952 [E8-26058]

Download as PDF Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices Item No. Bureau Subject 3 Wireless Telecommunications ....................... 4 Wireless Telecommunications ....................... 5 Office of Engineering and Technology .......... 6 Media .............................................................. 7 ebenthall on PROD1PC60 with NOTICES 64948 Consumer & Governmental Affairs ................ Title: Applications of Cellco Partnership d/b/a Verizon Wireless and Atlantis Holdings LLC (WT Docket No. 08–95); For Consent to Transfer Control of Licenses, Authorizations, and Spectrum Manager and DeFacto Transfer Leasing Arrangements; and Petition for Declaratory Ruling that the Transaction is Consistent with Section 310(b)(4) of the Communications Act Summary: The Commission will consider a Memorandum Opinion and Order and Declaratory Ruling addressing applications for transfer of licenses, authorizations, and spectrum leasing arrangements filed by Verizon Wireless and Atlantis Holdings. Title: Sprint Nextel Corporation and Clearwire Corporation; Applications For Consent to Transfer Control of Licenses and Authorizations (WT Docket No. 08–94) Summary: The Commission will consider a Memorandum Opinion and Order addressing applications for transfer of control of licenses, authorizations, and spectrum leases filed by Sprint Nextel Corporation and Clearwire Corporation and their subsidiaries. Title: Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04–186); and Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band (ET Docket No. 02–380) Summary: The Commission will consider a Second Report and Order and Memorandum Opinion and Order to consider rules for operation of low power devices in the broadcast television spectrum. Title: Digital Television Distributed Transmission System Technologies (MB Docket No. 05–312) Summary: The Commission will consider a Report and Order to adopt rules for the use of distributed transmission system (‘‘DTS’’) technologies in the digital television (‘‘DTV’’) service. Title: Closed Captioning of Video Programming (CG Docket 05–231); and Closed Captioning Requirements for Digital Television Receivers (ET Docket No. 99–254) Summary: The Commission will consider a Declaratory Ruling and Order concerning the application of the Commission’s closed captioning requirements to digital programming, as well as measures regarding the handling and addressing of consumer concerns and complaints regarding closed captioning. The meeting site is fully accessible to people using wheelchairs or other mobility aids. Sign language interpreters, open captioning, and assistive listening devices will be provided on site. Other reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation you will need. Also include a way we can contact you if we need more information. Last minute requests will be accepted, but may be impossible to fill. Send an e-mail to: fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (tty). Additional information concerning this meeting may be obtained from Audrey Spivack or David Fiske, Office of Media Relations, (202) 418–0500; TTY 1–888–835–5322. Audio/Video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC’s Audio/ Video Events Web page at https:// www.fcc.gov/realaudio. For a fee this meeting can be viewed live over George Mason University’s Capitol Connection. The Capitol Connection also will carry the meeting live via the Internet. To purchase these services call (703) 993–3100 or go to https://www.capitolconnection.gmu.edu. Copies of materials adopted at this meeting can be purchased from the VerDate Aug<31>2005 15:31 Oct 30, 2008 Jkt 217001 FCC’s duplicating contractor, Best Copy and Printing, Inc. (202) 488–5300; Fax (202) 488–5563; TTY (202) 488–5562. These copies are available in paper format and alternative media, including large print/type; digital disk; and audio and video tape. Best Copy and Printing, Inc. may be reached by e-mail at FCC@BCPIWEB.com. Federal Communications Commission. William F. Caton, Deputy Secretary. [FR Doc. E8–26143 Filed 10–29–08; 4:15 pm] BILLING CODE 6712–01–P FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice. AGENCY: 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. The FTC is seeking public comments on its proposal to extend through February 28, 2012, the current PRA clearances for information collection requirements contained in PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 four product labeling rules enforced by the Commission. Those clearances expire on February 28, 2009. DATES: Comments must be received by December 30, 2008. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘Apparel Rules: FTC File No. P074201’’ to facilitate the organization of comments. Please note that comments will be placed on the public record of this proceeding—including on the publicly accessible FTC website, at https:// www.ftc.gov/os/publiccomments.shtm — and therefore should not include any sensitive or confidential information. In particular, comments should not include any sensitive personal information, such as an individual’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. Comments also should not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, comments should not include any ‘‘[t]rade secrets and commercial or financial information obtained from a person and privileged or confidential. . . .,’’ as provided in Section 6(f) of the FTC Act, 15 U.S.C. E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices 46(f), and Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2) (2008). 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).1 Comments filed in electronic form should be submitted by using the following weblink: (https:// secure.commentworks.com/ftcapparelrules) (and following the instructions on the web-based form). To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the weblink: (https://secure.commentworks.com/ftcapparelrules). If this notice appears at (www.regulations.gov), you may also file an electronic comment through that website. The Commission will consider all comments that regulations.gov forwards to it. The FTC Act and other laws 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, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy at (https://www.ftc.gov/ ftc/privacy.shtm). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the proposed information requirements should be addressed to Connie Vecellio and Matthew Wilshire, Attorneys, Division of Enforcement, Bureau of Consumer Protection, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580, (202) 326-2996. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act (‘‘PRA’’), 44 U.S.C. 3501-3520, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. ‘‘Collection of information’’ means agency requests or requirements FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c) (2008). ebenthall on PROD1PC60 with NOTICES 1 VerDate Aug<31>2005 15:31 Oct 30, 2008 Jkt 217001 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 paperwork clearance for the information collection requirements associated with the Commission’s regulations under the Fur Act, 16 CFR Part 301 (OMB Control Number 3084-0099); regulations under the Wool Act, 16 CFR Part 300 (OMB Control Number 3084-0100); regulations under the Textile Act, 16 CFR Part 303 (OMB Control Number 3084-0101); and the Care Labeling Rule, 16 CFR 423 (OMB Control Number 3084-0103). 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. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before December 30, 2008. Staff’s burden estimates for the four rules in question are based on data from the Department of Commerce’s Bureau of the Census, the International Trade Commission, the Department of Labor’s Bureau of Labor Statistics (‘‘BLS’’), and data or other input from industry sources. The relevant information collection requirements within these rules and corresponding burden estimates follow. 1. Regulations under the Fur Products Labeling Act, 15 U.S.C. 69 et seq. (‘‘Fur Act’’), 16 CFR Part 301 (OMB Control Number: 3084-0099). The Fur Act prohibits the misbranding and false advertising of fur products. The Fur Act Regulations, 16 CFR 301, establish disclosure requirements that assist consumers in making informed purchasing decisions, and recordkeeping requirements that assist the Commission in enforcing these regulations. The Regulations also PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 64949 provide a procedure for exemption from certain disclosure provisions under the Fur Act. Estimated annual hours burden: 121,000 hours, rounded the nearest thousand (50,414 hours for recordkeeping + 70,226 hours for disclosure). Recordkeeping: The Regulations require that retailers, manufacturers, processors, and importers of furs and fur products keep certain records in addition to those they may keep in the ordinary course of business. Staff estimates that 1,150 retailers incur an average recordkeeping burden of about 13 hours per year (14,950 hours total); 82 manufacturers and fur processors combined incur an average recordkeeping burden of about 52 hours per year (4,264 total); and 1,200 importers of furs and fur products incur an average recordkeeping burden of 26 hours per year (31,200 hours total). The combined recordkeeping burden for the industry is approximately 50,414 hours annually. Disclosure: Staff estimates that 1,220 respondents (70 manufacturers + 1,150 retail sellers of fur garments) each require an average of 20 hours per year to determine label content (24,400 hours total), and an average of five hours per year to draft and order labels (6,100 hours total). Staff estimates that the total number of garments subject to the fur labeling requirements annually is approximately 886,577.2 Staff estimates that for approximately 50 percent of these garments (443,289) labels are attached manually, requiring approximately four minutes per garment for a total of 29,553 hours annually. For the remaining 443,288, the process of attaching labels is semi-automated and requires an average of approximately two seconds per item, for a total of 246 hours. Thus, the total burden for attaching labels is 29,799 hours, and the total burden for labeling garments is 60,299 hours per year (24,400 hours to determine label content + 6,100 hours to draft and order labels + 29,799 hours to attach labels). Staff estimates that the incremental burden associated with the Regulations’ invoice disclosure requirement, beyond the time that would be devoted to 2 The total number of fur garments, fur-trimmed garments, and fur accessories is estimated to be approximately 1,019,054, based on International Trade Commission data. Of that number, approximately 132,477 items are estimated to be exempt from the labeling requirements pursuant to 16 CFR 301.39 (items where either the cost of the fur trim to the manufacturer or the manufacturer’s selling price for the finished product is less than $150 are exempt). E:\FR\FM\31OCN1.SGM 31OCN1 64950 Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices preparing invoices in its absence, is approximately 30 seconds per invoice.3 The invoice disclosure requirement applies to fur garments, which are generally sold individually, and fur pelts, which are generally sold in groups of at least 50, on average. Based on information from the International Trade Commission and the Fur Commission USA, staff estimates a total of 8,333,865 pelts annually. Assuming invoices are prepared for sales of 886,577 garments and 166,677 groups (derived from an estimated 8,333,865 million pelts ÷ 50) each of imported and domestic pelts, the invoice disclosure requirement entails an estimated total burden of 8,777 hours (1,053,254 total invoices x 30 seconds). Staff estimates that the Regulations’ advertising disclosure requirements impose an average burden of one hour Task per year for each of the approximately 1,150 domestic fur retailers, or a total of 1,150 hours. Thus, staff estimates the total disclosure burden to be approximately 70,226 hours (60,299 hours for labeling + 8,777 hours for invoices + 1,150 hours for advertising). Estimated annual cost burden: $1,911,000, rounded to the nearest thousand (solely relating to labor costs). Hourly Rate Labor Cost $22.00 $16.27 $9.504 $16.27 $25.00 $16.27 Determine label content Draft and order labels Attach labels Invoice disclosures Prepare advertising disclosures Recordkeeping TOTAL Burden Hours 24,400 6,100 29,799 8,777 1,150 50,414 $536,800 $99,247 $283,091 $142,802 $28,750 $820,236 $1,910,926 4 Per industry sources, most fur labeling is done in the United States. This rate is reflective of an average domestic hourly wage for such tasks, which is derived from recent BLS statistics. Conversely, attaching labels with regard to the others regulations discussed herein is mostly performed by foreign labor, as detailed in note 5. Staff believes that there are no current start-up costs or other capital costs associated with the Regulations. Because the labeling of fur products has been an integral part of the manufacturing process for decades, manufacturers have in place the capital equipment necessary to comply with the Regulations’ labeling requirements. Industry sources indicate that much of the information required by the Fur Act and its implementing Regulations would be included on the product label even absent the regulations. Similarly, invoicing, recordkeeping, and advertising disclosures are tasks performed in the ordinary course of business so that covered firms would incur no additional capital or other nonlabor costs as a result of the Act or the Regulations. 2. Regulations under the Wool Products Labeling Act, 15 U.S.C. 68 et seq. (‘‘Wool Act’’), 16 CFR Part 300 (OMB Control Number: 3084-0100). ebenthall on PROD1PC60 with NOTICES The Wool Act prohibits the misbranding of wool products. The 3 The invoice disclosure burden for PRA purposes excludes the time that respondents would VerDate Aug<31>2005 15:31 Oct 30, 2008 Jkt 217001 Wool Act Regulations, 16 CFR 300, establish disclosure requirements that assist consumers in making informed purchasing decisions and recordkeeping requirements that assist the Commission in enforcing the Regulations. Estimated annual hours burden: 440,000 hours, rounded to the nearest thousand (80,000 recordkeeping hours + 360,000 disclosure hours). Recordkeeping: Staff estimates that approximately 4,000 wool firms are subject to the Regulations’ recordkeeping requirements. Based on an average annual burden of 20 hours per firm, the total recordkeeping burden is 80,000 hours. Disclosure: Approximately 8,000 wool firms, producing or importing about 600,000,000 wool products annually, are subject to the Regulations’ disclosure requirements. Staff estimates the burden of determining label content to be 15 hours per year per respondent, or a total of 120,000 hours, and the burden of drafting and ordering labels to be 5 hours per respondent per year, or spend for invoicing, apart from the Fur Act PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 a total of 40,000 hours. Staff believes that the process of attaching labels is now fully automated and integrated into other production steps for about 40 percent of all affected products. For the remaining 360,000,000 items (60 percent of 600,000,000), the process is semi-automated and requires an average of approximately two seconds per item, for a total of 200,000 hours per year. Thus, the total estimated annual burden for all respondents is 360,000 hours (120,000 hours for determining label content + 40,000 hours to draft and order labels + 200,000 hours to attach labels). Staff believes that any additional burden associated with advertising disclosure requirements would be minimal (less than 10,000 hours) and can be subsumed within the burden estimates set forth above. Estimated annual cost burden: $5,702,000, rounded to the nearest thousand (solely relating to labor costs). Regulations, in the ordinary course of business. See 5 CFR 1320.3(b)(2). E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices Task 64951 Hourly Rate Labor Cost $22.00 $16.27 $5.555 $16.27 Determine label content Draft and order labels Attach labels Recordkeeping TOTAL Burden Hours 120,000 40,000 200,000 80,000 $2,640,000 $650,800 $1,110,000 $1,301,600 $5,702,400 5 For products that are imported, this work generally is done in the country where they are manufactured. According to information compiled by an industry trade association using data from the International Trade Commission, the U.S. Customs Service, and the U.S. Census Bureau, approximately 95% of apparel and other textile products used in the United States is imported. With the remaining 5% attributable to U.S. production at an approximate domestic hourly wage of $9.50 to attach labels, staff has calculated a weighted average hourly wage of $5.55 per hour attributable to U.S. and foreign labor combined. The estimated percentage of imports supplied by particular countries is based on trade data for 2007 compiled by the Office of Textiles and Apparel, International Trade Administration, U.S. Department of Commerce. Wages in major textile exporting countries, factored into the above hourly wage estimate, were based on 2006 data from the U.S. Department of Labor, Bureau of International Labor Affairs. See ‘‘International Comparisons of Hourly Compensation Costs for Production Workers in Manufacturing,’’ Table 1, available at: https://www.bls.gov/fls/hcpwsupptabtoc.htm. Staff believes that there are no current start-up costs or other capital costs associated with the Regulations. Because the labeling of wool products has been an integral part of the manufacturing process for decades, manufacturers have in place the capital equipment necessary to comply with the Regulations. Based on knowledge of the industry, staff believes that much of the information required by the Wool Act and its implementing regulations would be included on the product label even absent their requirements. Similarly, recordkeeping and advertising disclosures are tasks performed in the ordinary course of business so that covered firms would incur no additional capital or other non-labor costs as a result of the Regulations. 3. Regulations under The Textile Fiber Products Identification Act, 15 U.S.C. 70 et seq. (‘‘Textile Act’’), 16 CFR Part 303 (OMB Control Number: 3084-0101). The Textile Act prohibits the misbranding and false advertising of textile fiber products. The Textile Act Regulations, 16 CFR 303, establish disclosure requirements that assist consumers in making informed purchasing decisions, and recordkeeping requirements that assist the Commission in enforcing the Regulations. The Regulations also contain a petition procedure for requesting the establishment of generic names for textile fibers. Estimated annual hours burden: approximately 8,456,000 hours, rounded to the nearest thousand (623,400 recordkeeping hours + 7,832,842 disclosure hours). Recordkeeping: Staff estimates that approximately 24,936 textile firms are subject to the Textile Regulations’ recordkeeping requirements. Based on an average burden of 25 hours per firm, the total recordkeeping burden is 623,400 hours. Disclosure: Approximately 26,647 textile firms, producing or importing about 21.5 billion textile fiber products annually, are subject to the Regulations’ disclosure requirements.6 Staff estimates the burden of determining label content to be 20 hours per year per respondent, or a total of 532,940 hours Task ebenthall on PROD1PC60 with NOTICES Estimated annual cost burden: $63,810,000, rounded to the nearest thousand (solely relating to labor costs). Hourly Rate Burden Hours Labor Cost $22.00 $16.27 $5.559 $16.27 Determine label content Draft and order labels Attach labels Recordkeeping TOTAL 9 and the burden of drafting and ordering labels to be 5 hours per respondent per year, or a total of 133,235 hours.7 Staff believes that the process of attaching labels is now fully automated and integrated into other production steps for about 40 percent of all affected products. For the remaining 12.9 billion items (60 percent of 21.5 billion), the process is semi-automated and requires an average of approximately two seconds per item, for a total of 7,166,667 hours per year. Thus, the total estimated annual burden for all respondents is 7,832,842 hours (532,940 hours to determine label content + 133,235 hours to draft and order labels + 7,166,667 hours to attach labels).8 Staff believes that any additional burden associated with advertising disclosure requirements or the filing of generic fiber name petitions would be minimal (less than 10,000 hours) and can be subsumed within the burden estimates set forth above. 532,940 133,235 7,166,667 623,400 $11,724,680 $2,167,733 $39,775,002 $10,142,718 $63,810,133 See note 5. 6 The apparent consumption of garments in the U.S. in 2007 was 20.1 billion. Staff estimates that 1 billion garments are exempt from the Textile Act (i.e., any kind of headwear and garments made from something other than a textile fiber product, such as leather) or are subject to a special exemption for hosiery products sold in packages where the label information is contained on the package. Based on available data, staff estimates that an additional 3 billion household textile products (non-garments, such as sheets, towels, blankets) were consumed. However, approximately 0.6 billion of all of these VerDate Aug<31>2005 15:31 Oct 30, 2008 Jkt 217001 combined products (garments and non-garments) are subject to the Wool Products Labeling Act, not the Textile Fiber Products Identification Act, because they contain some amount of wool. Thus, the estimated net total products subject to the Textile Fiber Products Identification Act is 21.5 billion. 7 In 2007, Congress amended the Wool Act to explicitly define ‘‘cashmere’’ and certain terms used to describe superfine wool (e.g., ‘‘Super 80s,’’ ‘‘Super 90s,’’ etc.). See Pub. L. 109-428. The Commission anticipates revising the wool PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 Regulations to incorporate these amendments. The Commission will seek comment on the increased burden, if any, imposed by these changes when it announces the revisions. 8 The Commission revised the Textile Act Regulations in 2006 in response to amendments to the Textile Act. See 70 Fed. Reg. 73369 (Dec. 12, 2005). These amendments concerned the placement of labels on packages of certain types of socks and, therefore, do not place any additional disclosure burden on covered entities. E:\FR\FM\31OCN1.SGM 31OCN1 64952 Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices Staff believes that there are no current start-up costs or other capital costs associated with the Regulations. Because the labeling of textile products has been an integral part of the manufacturing process for decades, manufacturers have in place the capital equipment necessary to comply with the Regulations’ labeling requirements. Industry sources indicate that much of the information required by the Textile Act and its implementing rules would be included on the product label even absent their requirements. Similarly, recordkeeping, invoicing, and advertising disclosures are tasks performed in the ordinary course of business so that covered firms would incur no additional capital or other nonlabor costs as a result of the Regulations. 4. The Care Labeling Rule, 16 CFR Part 423 (OMB Control Number: 3084-0103). The Care Labeling Rule, 16 CFR Part 423, requires manufacturers and importers to attach a permanent care label to all covered textile clothing in order to assist consumers in making purchase decisions and in determining what method to use to clean their apparel. Also, manufacturers and importers of piece goods used to make textile clothing must provide the same care information on the end of each bolt or roll of fabric. Estimated annual hours burden: 7,566,000 hours, rounded to the nearest thousand (solely relating to disclosure10). Staff estimates that approximately 26,647 manufacturers or importers of textile apparel, producing about 20.1 billion textile garments annually, are subject to the Rule’s disclosure requirements. The burden of developing proper care instructions may vary greatly among firms, primarily based on the number of different lines of textile garments introduced per year that require new or revised care instructions. Staff estimates the burden of determining care instructions to be 43 Task Estimated annual cost burden: $61,407,000, rounded to the nearest thousand (solely relating to labor costs). Hourly Rate Burden Hours Labor Cost $22.00 $16.27 $5.5512 1,145,821 53,294 6,366,667 $25,205,062 $867,093 $35,335,002 $61,407,157 Determine care instructions Draft and order labels Attach labels TOTAL 12 hours each year per respondent, for a cumulative total of 1,145,821 hours. Staff further estimates that the burden of drafting and ordering labels is 2 hours each year per respondent, for a total of 53,294 hours. Staff believes that the process of attaching labels is fully automated and integrated into other production steps for about 40 percent of the approximately 19.1 billion garments that are required to have care instructions on permanent labels.11 For the remaining 11.46 billion items (60 percent of 19.1 billion), the process is semi-automated and requires an average of approximately two seconds per item, for a total of 6,366,667 hours per year. Thus, the total estimated annual burden for all respondents is 7,565,782 hours (1,145,821 hours to determine care instructions + 53,294 hours to draft and order labels + 6,366,667 hours to attach labels). See note 5. Staff believes that there are no current start-up costs or other capital costs associated with the Rule. Because the labeling of textile products has been an integral part of the manufacturing process for decades, manufacturers have in place the capital equipment necessary to comply with the Rule’s labeling requirements. Based on knowledge of the industry, staff believes that much of the information required by the Rule would be included on the product label even absent those requirements. David C. Shonka, Acting General Counsel [FR Doc. E8–26058 Filed 10–30–08: 8:45 am] [BILLING CODE: 6750–01–S] Trans No. FEDERAL TRADE COMMISSION Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers or acquisitions to give the Federal Trade Commission and the Assistant Attorney General advance notice and to wait designated periods before consummation of such plans. Section 7A(b)(2) of the Act permits the agencies, in individual cases, to terminate this Acquiring waiting period prior to its expiration and requires that notice of this action be published in the Federal Register. The following transactions were granted early termination of the waiting period provided by law and the premerger notification rules. The grants were made by the Federal Trade Commission and the Assistant Attorney General for the Antitrust Division of the Department of Justice. Neither agency intends to take any action with respect to these proposed acquisitions during the applicable waiting period. Acquired Entities Transactions Granted Early Termination—10/01/2008 ebenthall on PROD1PC60 with NOTICES 20081732 ......................... 20081805 ......................... Robert B. Cohen ............................... GTEL Holding LLC ............................ 10 The Care Labeling Rule imposes no specific recordkeeping requirements. Although the Rule requires manufacturers and importers to have reliable evidence to support the recommended care instructions, companies may provide as support VerDate Aug<31>2005 15:31 Oct 30, 2008 Jkt 217001 Dufry AG ............................................ GTEL Holdings, Inc ........................... current technical literature or rely on past experience. 11 About 1 billion of the 20.1 billion garments produced annually are either not covered by the PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Dufry AG. GTEL Holdings, Inc. Care Labeling Rule (gloves, hats, caps, and leather, fur, plastic, or leather garments) or are subject to an exemption that allows care instructions to appear on packaging (hosiery). E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64948-64952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26058]

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FEDERAL TRADE COMMISSION

Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension

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. The FTC is seeking
public comments on its proposal to extend through February 28, 2012,
the current PRA clearances for information collection requirements
contained in four product labeling rules enforced by the Commission.
Those clearances expire on February 28, 2009.

DATES: Comments must be received by December 30, 2008.

ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Apparel
Rules: FTC File No. P074201'' to facilitate the organization of
comments. Please note that comments will be placed on the public record
of this proceeding--including on the publicly accessible FTC website,
at https://www.ftc.gov/os/publiccomments.shtm_ and therefore should
not include any sensitive or confidential information. In particular,
comments should not include any sensitive personal information, such as
an individual'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. Comments also should not include any sensitive
health information, such as medical records or other individually
identifiable health information. In addition, comments should not
include any ``[t]rade secrets and commercial or financial information
obtained from a person and privileged or confidential. . . .,'' as
provided in Section 6(f) of the FTC Act, 15 U.S.C.

[[Page 64949]]

46(f), and Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2) (2008).
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).\1\
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\1\ FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be
accompanied by an explicit request for confidential treatment,
including the factual and legal basis for the request, and must
identify the specific portions of the comment to be withheld from
the public record. The request will be granted or denied by the
Commission's General Counsel, consistent with applicable law and the
public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c) (2008).
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Comments filed in electronic form should be submitted by using the
following weblink: (https://secure.commentworks.com/ftc-apparelrules)
(and following the instructions on the web-based form). To ensure that
the Commission considers an electronic comment, you must file it on the
web-based form at the weblink: (https://secure.commentworks.com/ftc-
apparelrules). If this notice appears at (www.regulations.gov), you may
also file an electronic comment through that website. The Commission
will consider all comments that regulations.gov forwards to it.
The FTC Act and other laws 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, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC
website, to the extent practicable, at www.ftc.gov. As a matter of
discretion, the FTC makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC website. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy at (https://www.ftc.gov/ftc/privacy.shtm).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the proposed information requirements should be addressed to
Connie Vecellio and Matthew Wilshire, Attorneys, Division of
Enforcement, Bureau of Consumer Protection, 600 Pennsylvania Ave.,
N.W., Washington, D.C. 20580, (202) 326-2996.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act (``PRA''),
44 U.S.C. 3501-3520, federal agencies must obtain approval from 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 paperwork
clearance for the information collection requirements associated with
the Commission's regulations under the Fur Act, 16 CFR Part 301 (OMB
Control Number 3084-0099); regulations under the Wool Act, 16 CFR Part
300 (OMB Control Number 3084-0100); regulations under the Textile Act,
16 CFR Part 303 (OMB Control Number 3084-0101); and the Care Labeling
Rule, 16 CFR 423 (OMB Control Number 3084-0103). 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. All comments should be filed as prescribed in
the ADDRESSES section above, and must be received on or before December
30, 2008.
Staff's burden estimates for the four rules in question are based
on data from the Department of Commerce's Bureau of the Census, the
International Trade Commission, the Department of Labor's Bureau of
Labor Statistics (``BLS''), and data or other input from industry
sources. The relevant information collection requirements within these
rules and corresponding burden estimates follow.

1. Regulations under the Fur Products Labeling Act, 15 U.S.C. 69 et
seq. (``Fur Act''), 16 CFR Part 301 (OMB Control Number: 3084-0099).

The Fur Act prohibits the misbranding and false advertising of fur
products. The Fur Act Regulations, 16 CFR 301, establish disclosure
requirements that assist consumers in making informed purchasing
decisions, and recordkeeping requirements that assist the Commission in
enforcing these regulations. The Regulations also provide a procedure
for exemption from certain disclosure provisions under the Fur Act.

Estimated annual hours burden: 121,000 hours, rounded the nearest
thousand (50,414 hours for recordkeeping + 70,226 hours for
disclosure).

Recordkeeping: The Regulations require that retailers,
manufacturers, processors, and importers of furs and fur products keep
certain records in addition to those they may keep in the ordinary
course of business. Staff estimates that 1,150 retailers incur an
average recordkeeping burden of about 13 hours per year (14,950 hours
total); 82 manufacturers and fur processors combined incur an average
recordkeeping burden of about 52 hours per year (4,264 total); and
1,200 importers of furs and fur products incur an average recordkeeping
burden of 26 hours per year (31,200 hours total). The combined
recordkeeping burden for the industry is approximately 50,414 hours
annually.
Disclosure: Staff estimates that 1,220 respondents (70
manufacturers + 1,150 retail sellers of fur garments) each require an
average of 20 hours per year to determine label content (24,400 hours
total), and an average of five hours per year to draft and order labels
(6,100 hours total). Staff estimates that the total number of garments
subject to the fur labeling requirements annually is approximately
886,577.\2\ Staff estimates that for approximately 50 percent of these
garments (443,289) labels are attached manually, requiring
approximately four minutes per garment for a total of 29,553 hours
annually. For the remaining 443,288, the process of attaching labels is
semi-automated and requires an average of approximately two seconds per
item, for a total of 246 hours. Thus, the total burden for attaching
labels is 29,799 hours, and the total burden for labeling garments is
60,299 hours per year (24,400 hours to determine label content + 6,100
hours to draft and order labels + 29,799 hours to attach labels).
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\2\ The total number of fur garments, fur-trimmed garments, and
fur accessories is estimated to be approximately 1,019,054, based on
International Trade Commission data. Of that number, approximately
132,477 items are estimated to be exempt from the labeling
requirements pursuant to 16 CFR 301.39 (items where either the cost
of the fur trim to the manufacturer or the manufacturer's selling
price for the finished product is less than $150 are exempt).
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Staff estimates that the incremental burden associated with the
Regulations' invoice disclosure requirement, beyond the time that would
be devoted to

[[Page 64950]]

preparing invoices in its absence, is approximately 30 seconds per
invoice.\3\ The invoice disclosure requirement applies to fur garments,
which are generally sold individually, and fur pelts, which are
generally sold in groups of at least 50, on average. Based on
information from the International Trade Commission and the Fur
Commission USA, staff estimates a total of 8,333,865 pelts annually.
Assuming invoices are prepared for sales of 886,577 garments and
166,677 groups (derived from an estimated 8,333,865 million pelts / 50)
each of imported and domestic pelts, the invoice disclosure requirement
entails an estimated total burden of 8,777 hours (1,053,254 total
invoices x 30 seconds).
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\3\ The invoice disclosure burden for PRA purposes excludes the
time that respondents would spend for invoicing, apart from the Fur
Act Regulations, in the ordinary course of business. See 5 CFR
1320.3(b)(2).
---------------------------------------------------------------------------

Staff estimates that the Regulations' advertising disclosure
requirements impose an average burden of one hour per year for each of
the approximately 1,150 domestic fur retailers, or a total of 1,150
hours.
Thus, staff estimates the total disclosure burden to be
approximately 70,226 hours (60,299 hours for labeling + 8,777 hours for
invoices + 1,150 hours for advertising).

Estimated annual cost burden: $1,911,000, rounded to the nearest
thousand (solely relating to labor costs).

Staff believes that there are no current start-up costs or other
capital costs associated with the Regulations. Because the labeling of
fur products has been an integral part of the manufacturing process for
decades, manufacturers have in place the capital equipment necessary to
comply with the Regulations' labeling requirements. Industry sources
indicate that much of the information required by the Fur Act and its
implementing Regulations would be included on the product label even
absent the regulations. Similarly, invoicing, recordkeeping, and
advertising disclosures are tasks performed in the ordinary course of
business so that covered firms would incur no additional capital or
other non-labor costs as a result of the Act or the Regulations.

2. Regulations under the Wool Products Labeling Act, 15 U.S.C. 68 et
seq. (``Wool Act''), 16 CFR Part 300 (OMB Control Number: 3084-0100).

The Wool Act prohibits the misbranding of wool products. The Wool
Act Regulations, 16 CFR 300, establish disclosure requirements that
assist consumers in making informed purchasing decisions and
recordkeeping requirements that assist the Commission in enforcing the
Regulations.

Estimated annual hours burden: 440,000 hours, rounded to the
nearest thousand (80,000 recordkeeping hours + 360,000 disclosure
hours).

Recordkeeping: Staff estimates that approximately 4,000 wool firms
are subject to the Regulations' recordkeeping requirements. Based on an
average annual burden of 20 hours per firm, the total recordkeeping
burden is 80,000 hours.
Disclosure: Approximately 8,000 wool firms, producing or importing
about 600,000,000 wool products annually, are subject to the
Regulations' disclosure requirements. Staff estimates the burden of
determining label content to be 15 hours per year per respondent, or a
total of 120,000 hours, and the burden of drafting and ordering labels
to be 5 hours per respondent per year, or a total of 40,000 hours.
Staff believes that the process of attaching labels is now fully
automated and integrated into other production steps for about 40
percent of all affected products. For the remaining 360,000,000 items
(60 percent of 600,000,000), the process is semi-automated and requires
an average of approximately two seconds per item, for a total of
200,000 hours per year. Thus, the total estimated annual burden for all
respondents is 360,000 hours (120,000 hours for determining label
content + 40,000 hours to draft and order labels + 200,000 hours to
attach labels). Staff believes that any additional burden associated
with advertising disclosure requirements would be minimal (less than
10,000 hours) and can be subsumed within the burden estimates set forth
above.

Estimated annual cost burden: $5,702,000, rounded to the nearest
thousand (solely relating to labor costs).

[[Page 64951]]

----------------------------------------------------------------------------------------------------------------
Hourly Burden Labor
Task Rate Hours Cost
----------------------------------------------------------------------------------------------------------------
Determine label content $22.00 120,000 $2,640,0
00
Draft and order labels $16.27 40,000 $650,800
Attach labels $5.55\5\ 200,000 $1,110,0
00
Recordkeeping $16.27 80,000 $1,301,6
00
TOTAL ........ ........ $5,702,4
00
----------------------------------------------------------------------------------------------------------------
\5\ For products that are imported, this work generally is done in the country where they are manufactured.
According to information compiled by an industry trade association using data from the International Trade
Commission, the U.S. Customs Service, and the U.S. Census Bureau, approximately 95% of apparel and other
textile products used in the United States is imported. With the remaining 5% attributable to U.S. production
at an approximate domestic hourly wage of $9.50 to attach labels, staff has calculated a weighted average
hourly wage of $5.55 per hour attributable to U.S. and foreign labor combined. The estimated percentage of
imports supplied by particular countries is based on trade data for 2007 compiled by the Office of Textiles
and Apparel, International Trade Administration, U.S. Department of Commerce. Wages in major textile exporting
countries, factored into the above hourly wage estimate, were based on 2006 data from the U.S. Department of
Labor, Bureau of International Labor Affairs. See ``International Comparisons of Hourly Compensation Costs for
Production Workers in Manufacturing,'' Table 1, available at: https://www.bls.gov/fls/hcpwsupptabtoc.htm.

Staff believes that there are no current start-up costs or other
capital costs associated with the Regulations. Because the labeling of
wool products has been an integral part of the manufacturing process
for decades, manufacturers have in place the capital equipment
necessary to comply with the Regulations. Based on knowledge of the
industry, staff believes that much of the information required by the
Wool Act and its implementing regulations would be included on the
product label even absent their requirements. Similarly, recordkeeping
and advertising disclosures are tasks performed in the ordinary course
of business so that covered firms would incur no additional capital or
other non-labor costs as a result of the Regulations.

3. Regulations under The Textile Fiber Products Identification Act, 15
U.S.C. 70 et seq. (``Textile Act''), 16 CFR Part 303 (OMB Control
Number: 3084-0101).

The Textile Act prohibits the misbranding and false advertising of
textile fiber products. The Textile Act Regulations, 16 CFR 303,
establish disclosure requirements that assist consumers in making
informed purchasing decisions, and recordkeeping requirements that
assist the Commission in enforcing the Regulations. The Regulations
also contain a petition procedure for requesting the establishment of
generic names for textile fibers.

Estimated annual hours burden: approximately 8,456,000 hours,
rounded to the nearest thousand (623,400 recordkeeping hours +
7,832,842 disclosure hours).

Recordkeeping: Staff estimates that approximately 24,936 textile
firms are subject to the Textile Regulations' recordkeeping
requirements. Based on an average burden of 25 hours per firm, the
total recordkeeping burden is 623,400 hours.
Disclosure: Approximately 26,647 textile firms, producing or
importing about 21.5 billion textile fiber products annually, are
subject to the Regulations' disclosure requirements.\6\ Staff estimates
the burden of determining label content to be 20 hours per year per
respondent, or a total of 532,940 hours and the burden of drafting and
ordering labels to be 5 hours per respondent per year, or a total of
133,235 hours.\7\ Staff believes that the process of attaching labels
is now fully automated and integrated into other production steps for
about 40 percent of all affected products. For the remaining 12.9
billion items (60 percent of 21.5 billion), the process is semi-
automated and requires an average of approximately two seconds per
item, for a total of 7,166,667 hours per year. Thus, the total
estimated annual burden for all respondents is 7,832,842 hours (532,940
hours to determine label content + 133,235 hours to draft and order
labels + 7,166,667 hours to attach labels).\8\ Staff believes that any
additional burden associated with advertising disclosure requirements
or the filing of generic fiber name petitions would be minimal (less
than 10,000 hours) and can be subsumed within the burden estimates set
forth above.
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\6\ The apparent consumption of garments in the U.S. in 2007 was
20.1 billion. Staff estimates that 1 billion garments are exempt
from the Textile Act (i.e., any kind of headwear and garments made
from something other than a textile fiber product, such as leather)
or are subject to a special exemption for hosiery products sold in
packages where the label information is contained on the package.
Based on available data, staff estimates that an additional 3
billion household textile products (non-garments, such as sheets,
towels, blankets) were consumed. However, approximately 0.6 billion
of all of these combined products (garments and non-garments) are
subject to the Wool Products Labeling Act, not the Textile Fiber
Products Identification Act, because they contain some amount of
wool. Thus, the estimated net total products subject to the Textile
Fiber Products Identification Act is 21.5 billion.
\7\ In 2007, Congress amended the Wool Act to explicitly define
``cashmere'' and certain terms used to describe superfine wool
(e.g., ``Super 80s,'' ``Super 90s,'' etc.). See Pub. L. 109-428. The
Commission anticipates revising the wool Regulations to incorporate
these amendments. The Commission will seek comment on the increased
burden, if any, imposed by these changes when it announces the
revisions.
\8\ The Commission revised the Textile Act Regulations in 2006
in response to amendments to the Textile Act. See 70 Fed. Reg. 73369
(Dec. 12, 2005). These amendments concerned the placement of labels
on packages of certain types of socks and, therefore, do not place
any additional disclosure burden on covered entities.

Estimated annual cost burden: $63,810,000, rounded to the nearest
thousand (solely relating to labor costs).

[[Page 64952]]

Staff believes that there are no current start-up costs or other
capital costs associated with the Regulations. Because the labeling of
textile products has been an integral part of the manufacturing process
for decades, manufacturers have in place the capital equipment
necessary to comply with the Regulations' labeling requirements.
Industry sources indicate that much of the information required by the
Textile Act and its implementing rules would be included on the product
label even absent their requirements. Similarly, recordkeeping,
invoicing, and advertising disclosures are tasks performed in the
ordinary course of business so that covered firms would incur no
additional capital or other non-labor costs as a result of the
Regulations.

4. The Care Labeling Rule, 16 CFR Part 423 (OMB Control Number: 3084-
0103).

The Care Labeling Rule, 16 CFR Part 423, requires manufacturers and
importers to attach a permanent care label to all covered textile
clothing in order to assist consumers in making purchase decisions and
in determining what method to use to clean their apparel. Also,
manufacturers and importers of piece goods used to make textile
clothing must provide the same care information on the end of each bolt
or roll of fabric.

Estimated annual hours burden: 7,566,000 hours, rounded to the
nearest thousand (solely relating to disclosure\10\).
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\10\ The Care Labeling Rule imposes no specific recordkeeping
requirements. Although the Rule requires manufacturers and importers
to have reliable evidence to support the recommended care
instructions, companies may provide as support current technical
literature or rely on past experience.

Staff estimates that approximately 26,647 manufacturers or
importers of textile apparel, producing about 20.1 billion textile
garments annually, are subject to the Rule's disclosure requirements.
The burden of developing proper care instructions may vary greatly
among firms, primarily based on the number of different lines of
textile garments introduced per year that require new or revised care
instructions. Staff estimates the burden of determining care
instructions to be 43 hours each year per respondent, for a cumulative
total of 1,145,821 hours. Staff further estimates that the burden of
drafting and ordering labels is 2 hours each year per respondent, for a
total of 53,294 hours. Staff believes that the process of attaching
labels is fully automated and integrated into other production steps
for about 40 percent of the approximately 19.1 billion garments that
are required to have care instructions on permanent labels.\11\ For the
remaining 11.46 billion items (60 percent of 19.1 billion), the process
is semi-automated and requires an average of approximately two seconds
per item, for a total of 6,366,667 hours per year. Thus, the total
estimated annual burden for all respondents is 7,565,782 hours
(1,145,821 hours to determine care instructions + 53,294 hours to draft
and order labels + 6,366,667 hours to attach labels).
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\11\ About 1 billion of the 20.1 billion garments produced
annually are either not covered by the Care Labeling Rule (gloves,
hats, caps, and leather, fur, plastic, or leather garments) or are
subject to an exemption that allows care instructions to appear on
packaging (hosiery).

Estimated annual cost burden: $61,407,000, rounded to the nearest
thousand (solely relating to labor costs).

Staff believes that there are no current start-up costs or other
capital costs associated with the Rule. Because the labeling of textile
products has been an integral part of the manufacturing process for
decades, manufacturers have in place the capital equipment necessary to
comply with the Rule's labeling requirements. Based on knowledge of the
industry, staff believes that much of the information required by the
Rule would be included on the product label even absent those
requirements.

David C. Shonka,
Acting General Counsel
[FR Doc. E8-26058 Filed 10-30-08: 8:45 am]
[BILLING CODE: 6750-01-S]

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