Agency Information Collection Activities; Proposed Collection; Comment Request, 50218-50220 [2011-20372]
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50218
Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices
Order Published: FR: 7/25/11 (Volume ‘‘Collection of information’’ means
agency requests or requirements that
76, No. 142, Pg. 44331–44332).
members of the public submit reports,
Sandra L. Kusumoto,
keep records, or provide information to
Director, Bureau of Certification and
a third party. 44 U.S.C. 3502(3), 5 CFR
Licensing.
1320.3(c). Because the number of
[FR Doc. 2011–20492 Filed 8–11–11; 8:45 am]
entities affected by the Commission’s
BILLING CODE 6730–01–P
requests will exceed ten, the
Commission plans to seek OMB
clearance under the PRA. As required
FEDERAL TRADE COMMISSION
by § 3506(c)(2)(A) of the PRA, the
Commission is providing this
Agency Information Collection
opportunity for public comment before
Activities; Proposed Collection;
requesting that OMB extend the existing
Comment Request
paperwork clearance for the information
collection requirements associated with
AGENCY: Federal Trade Commission.
the Commission’s R-value Rule, 16 CFR
ACTION: Notice.
part 460 (OMB Control Number 3084–
0109).
SUMMARY: The information collection
The R-value Rule establishes uniform
requirements described below will be
standards for the substantiation and
submitted to the Office of Management
disclosure of accurate, material product
and Budget (OMB) for review, as
information about the thermal
required by the Paperwork Reduction
performance characteristics of home
Act (PRA). The FTC is seeking public
insulation products. The R-value of an
comments on its proposal to extend
through November 30, 2014, the current insulation signifies the insulation’s
degree of resistance to the flow of heat.
PRA clearance for information
collection requirements contained in the This information tells consumers how
well a product is likely to perform as an
FTC rule on ‘‘Labeling and Advertising
insulator and allows consumers to
of Home Insulation’’ (R-value Rule or
determine whether the cost of the
Rule). That clearance expires on
insulation is justified.
November 30, 2011.
Comments must be filed by
October 11, 2011.
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 ‘‘R-value Rule: FTC File
No. R811001’’ on your comment, and
file your comment online at https://
ftcpublic.commentworks.com/ftc/
rvaluerulepra, by following the
instructions on the Web-based form. If
you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be addressed to Hampton
Newsome, Attorney, Division of
Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Avenue, NW.,
Washington, DC 20580, (202) 326–2889.
SUPPLEMENTARY INFORMATION:
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DATES:
Proposed Information Collection
Activities
Under the PRA, 44 U.S.C. 3501–3521,
Federal agencies must obtain approval
from OMB for each collection of
information they conduct or sponsor.
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Request for Comments
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 October 11, 2011.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before October 11, 2011. Write ‘‘R-value
Rule: FTC File No. R811001’’ on your
comment. Your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment doesn’t
include any sensitive personal
information, like anyone’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
doesn’t include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, don’t include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential,’’ as provided in 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).
In particular, don’t include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).1 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
valuerulepra, by following the
instructions on the Web-based form. If
this Notice appears at https://
www.regulations.gov, you also may file
a comment through that Web site.
If you file your comment on paper,
write ‘‘R-value Rule: FTC File No.
R811001’’ on your comment and on the
envelope, and mail or deliver it to the
following address: Federal Trade
1 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), 16 CFR 4.9(c).
E:\FR\FM\12AUN1.SGM
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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before October 11, 2011. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
R-value Rule Burden Statement
Estimated annual hours burden:
125,828 hours.
The Rule’s requirements include
product testing, recordkeeping, and
third-party disclosures on labels, fact
sheets, advertisements, and other
promotional materials. Based on
information provided by members of the
insulation industry, staff estimates that
the Rule affects: (1) 150 insulation
manufacturers and their testing
laboratories; (2) 1,615 installers who sell
home insulation; (3) 125,000 new home
builders/sellers of site-built homes and
approximately 5,500 dealers who sell
manufactured housing; and (4) 25,000
retail sellers who sell home insulation
for installation by consumers.
Under the Rule’s testing requirements,
manufacturers must test each insulation
product for its R-value. Based on past
industry input, staff estimates that the
test takes approximately 2 hours.
Approximately 15 of the 150 insulation
manufacturers in existence introduce
one new product each year. Their total
annual testing burden is therefore
approximately 30 hours.
Staff further estimates that most
manufacturers require an average of
approximately 20 hours per year
regarding third-party disclosure
requirements in advertising and other
promotional materials. Only the five or
six largest manufacturers require
additional time, approximately 80 hours
each. Thus, the annual third-party
disclosure burden for manufacturers is
approximately 3,360 hours [(144
manufacturers × 20 hours) + (6
manufacturers × 80 hours)].
While the Rule imposes
recordkeeping requirements, most
manufacturers and their testing
laboratories keep their testing-related
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records in the ordinary course of
business. Staff estimates that no more
than one additional hour per year per
manufacturer is necessary to comply
with this requirement, for an annual
recordkeeping burden of approximately
150 hours (150 manufacturers × 1 hour).
Installers are required to show the
manufacturers’ insulation fact sheet to
retail consumers before purchase. They
must also disclose information in
contracts or receipts concerning the Rvalue and the amount of insulation to
install. Staff estimates that two minutes
per sales transaction is sufficient to
comply with these requirements.
Approximately 2,000,000 retrofit
insulations (an industry source’s
estimate) are installed by approximately
1,615 installers per year, and, thus, the
related annual burden total is
approximately 66,667 hours (2,000,000
sales transactions × 2 minutes). Staff
anticipates that one hour per year per
installer is sufficient to cover required
disclosures in advertisements and other
promotional materials. Thus, the burden
for this requirement is approximately
1,615 hours per year. In addition,
installers must keep records that
indicate the substantiation relied upon
for savings claims. The additional time
to comply with this requirement is
minimal—approximately 5 minutes per
year per installer—for a total of
approximately 134 hours.
New home sellers must make contract
disclosures concerning the type,
thickness, and R-value of the insulation
they install in each part of a new home.
Staff estimates that no more than 30
seconds per sales transaction is required
to comply with this requirement, for a
total annual burden of approximately
4,872 hours (an estimated 586,900 new
home sales 2 × 30 seconds). New home
sellers who make energy savings claims
must also keep records regarding the
substantiation relied upon for those
claims. Staff believes that the 30
seconds covering disclosures would also
encompass this recordkeeping element.
The Rule requires that the
approximately 25,000 retailers who sell
home insulation make fact sheets
available to consumers before purchase.
This can be accomplished by, for
example, placing copies in a display
rack or keeping copies in a binder on a
service desk with an appropriate notice.
Replenishing or replacing fact sheets
should require no more than
approximately one hour per year per
retailer, for a total of 25,000 annual
hours, industry-wide.
2 Based on U.S. census data for 2010. See https://
www.census.gov/const/startsan.pdf.
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50219
The Rule also requires specific
disclosures in advertisements or other
promotional materials to ensure that the
claims are fair and not deceptive. This
burden is very minimal because retailers
typically use advertising copy provided
by the insulation manufacturer, and
even when retailers prepare their own
advertising copy, the Rule provides
some of the language to be used.
Accordingly, approximately one hour
per year per retailer should suffice to
meet this requirement, for a total annual
burden of approximately 25,000 hours.
Retailers who make energy savings
claims in advertisements or other
promotional materials must keep
records that indicate the substantiation
they are relying upon. Because few
retailers make these types of
promotional claims and because the
Rule permits retailers to rely on the
insulation manufacturer’s substantiation
data for any claims that are made, the
additional recordkeeping burden is de
minimis. The time calculated for
disclosures, above, would be more than
adequate to cover any burden imposed
by this recordkeeping requirement.
To summarize, staff estimates that the
Rule imposes a total of 116,790 burden
hours, as follows: 150 recordkeeping
and 3,390 testing and disclosure hours
for manufacturers; 134 recordkeeping
and 68,282 disclosure hours for
installers; 4,872 disclosure hours for
new home sellers; and 50,000 disclosure
hours for retailers. The estimated total
burden is approximately 125,828
burden hours.
Estimated annual cost burden:
$2,548,200 (solely related to labor
costs).
The total annual labor cost for the
Rule’s information collection
requirements is $2,883,088, derived as
follows: Approximately $800 for testing,
based on 30 hours for manufacturers (30
hours × $26 per hour for skilled
technical personnel); $4,000 for
manufacturers’ and installers’
compliance with the Rule’s
recordkeeping requirements, based on
284 hours (284 hours × $14 per hour for
clerical personnel); $47,000 for
manufacturers’ compliance with thirdparty disclosure requirements, based on
3,360 hours (3,360 hours × $14 per hour
for clerical personnel); and $2,500,000
for disclosure compliance by installers,
new home sellers, and retailers (123,262
hours × $20 per hour for sales persons).3
3 The wage rates for engineering technicians,
except drafters (skilled technical personnel), file
clerks (clerical personnel), and sales and related
occupations (sales persons) are based on recent data
from the Bureau of Labor Statistics National
Compensation Survey.
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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices
There are no significant current
capital or other non-labor costs
associated with this Rule. Because the
Rule has been in effect since 1980,
members of the industry are familiar
with its requirements and already have
in place the equipment for conducting
tests and storing records. New products
are introduced infrequently. Because the
required disclosures are placed on
packaging or on the product itself, the
Rule’s additional disclosure
requirements do not cause industry
members to incur any significant
additional non-labor associated costs.
Willard K. Tom,
General Counsel.
[FR Doc. 2011–20372 Filed 8–11–11; 8:45 am]
BILLING CODE 6750–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Availability of Draft ICCVAM
Recommendations on Using Fewer
Animals to Identify Chemical Eye
Hazards: Revised Criteria Necessary to
Maintain Equivalent Hazard
Classification; Request for Comments
Division of the National
Toxicology Program (DNTP), National
Institute of Environmental Health
Sciences (NIEHS), National Institutes of
Health, HHS.
AGENCY:
Availability of
Recommendations; Request for
Comments.
ACTION:
The NTP Interagency Center
for the Evaluation of Alternative
Toxicological Methods (NICEATM), in
collaboration with the Interagency
Coordinating Committee on the
Validation of Alternative Methods
(ICCVAM), conducted an analysis to
determine classification criteria using
results from 3-animal tests that would
provide eye hazard classification
equivalent to testing conducted in
accordance with current U.S. Federal
Hazardous Substances Act (FHSA)
regulations, which require the use of 6
to 18 animals. The results showed that
using a classification criterion of at least
1 positive animal in a 3-animal test to
identify eye hazards will provide the
same or greater level of eye hazard
classification as current FHSA
requirements, while using 50% to 83%
fewer animals. ICCVAM developed draft
recommendations based on the results
of this analysis. NICEATM invites
public comments on these draft
ICCVAM recommendations.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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16:37 Aug 11, 2011
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Written comments on the draft
recommendations should be received by
September 26, 2011.
ADDRESSES: NICEATM prefers that
comments be submitted electronically
via the NICEATM–ICCVAM Web site
(https://iccvam.niehs.nih.gov/contact/
FR_pubcomment.htm) or via e-mail to
niceatm@niehs.nih.gov. Written
comments may also be sent by mail or
fax to Dr. William S. Stokes, Director,
NICEATM, NIEHS, P.O. Box 12233,
Mail Stop: K2–16, Research Triangle
Park, NC 27709; (fax) 919–541–0947.
Courier address: NICEATM, NIEHS,
Room 2034, 530 Davis Drive,
Morrisville, NC 27560.
FOR FURTHER INFORMATION CONTACT: Dr.
William S. Stokes: (telephone) 919–541–
2384, (fax) 919–541–0947, or (e-mail)
niceatm@niehs.nih.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Testing requirements necessary to
determine the eye hazard potential for
substances regulated under the FHSA
(FHSA, 2008) are provided in 16 CFR
1500.42 (U.S. Consumer Product Safety
Commission [CPSC], 2010). Current
FHSA regulations provide procedures to
determine the eye hazard classification
and labeling requirements for chemicals
and products to which consumers may
be exposed. The current procedure
requires a minimum of 6 animals per
test and may require up to 3 sequential
tests for each substance, thus requiring
6, 12, or 18 animals to reach a hazard
classification decision. The requirement
for second and third sequential tests is
based on the number of positive
responses in the previous test.
In 2002, the Organisation for
Economic Co-operation and
Development (OECD) Test Guidelines
Program adopted U.S. proposed
revisions to Test Guideline 405: Acute
Eye Irritation/Corrosion (OECD, 2002)
that reduce the maximum number of
required animals per test from 6 to 3.
The Animal Welfare Act (7 U.S.C. 2131
et seq) and the Public Health Service
(PHS) Policy (PHS, 2002) similarly
require that only the minimum number
of animals necessary to obtain
scientifically valid results should be
used and that a rationale for the
appropriateness of the number of
animals used be provided to and
approved by the Institutional Animal
Care and Use Committee. In light of this
policy and regulations, most in vivo
ocular safety testing is expected to
adhere to the 3-animal procedure
described in OECD Test Guideline 405
(OECD, 2002) and in a test guideline
issued by the U.S. Environmental
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Fmt 4703
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Protection Agency (EPA, 1998).
However, current FHSA regulations do
not provide criteria to classify results
from a 3-animal test. Therefore, an
analysis was conducted to determine
classification criteria based on results
from a 3-animal test that would provide
eye hazard classification equivalent to
procedures in current FHSA regulations
(Haseman et al., 2011). The results
showed that using a classification
criterion of at least 1 positive in a 3animal test to identify eye hazards will
provide the same or greater level of eye
hazard classification as current FHSA
requirements, while using 50% to 83%
fewer animals. Based on these results,
ICCVAM developed draft
recommendations to use this
classification criterion for ocular safety
testing procedures that use only a
maximum of 3 animals per test
substance.
Availability of the Documents
The draft ICCVAM recommendations
and the supporting publication
describing the results of the analysis are
available on the NICEATM–ICCVAM
Web site (https://iccvam.niehs.nih.gov/
methods/ocutox/reducenum.htm), and
may also be obtained by contacting
NICEATM (see FOR FURTHER
INFORMATION CONTACT).
Request for Public Comments
NICEATM invites the submission of
written comments on the draft ICCVAM
recommendations and the extent to
which the NICEATM analysis supports
the recommendations by September 26,
2011. When submitting written
comments, please refer to this Federal
Register notice and include appropriate
contact information (name, affiliation,
mailing address, phone, fax, e-mail, and
sponsoring organization, if applicable).
NICEATM will post all comments on
the NICEATM–ICCVAM Web site
(https://ntp-apps.niehs.nih.gov/
iccvampb/searchPubCom.cfm)
identified by the individual’s name and
affiliation or sponsoring organization (if
applicable). ICCVAM will consider all
public comments and comments made
by the Scientific Advisory Committee
on Alternative Toxicological Methods
(SACATM) at the June 17–18, 2010
meeting (75 FR 26757) when finalizing
its recommendations. Final ICCVAM
recommendations will be forwarded to
relevant Federal agencies for their
consideration. These recommendations
will also be available to the public on
the NICEATM–ICCVAM Web site
(https://iccvam.niehs.nih.gov/methods/
ocutox/reducenum.htm).
E:\FR\FM\12AUN1.SGM
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Agencies
[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Pages 50218-50220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20372]
=======================================================================
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
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 is seeking
public comments on its proposal to extend through November 30, 2014,
the current PRA clearance for information collection requirements
contained in the FTC rule on ``Labeling and Advertising of Home
Insulation'' (R-value Rule or Rule). That clearance expires on November
30, 2011.
DATES: Comments must be filed by October 11, 2011.
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 ``R-value Rule: FTC File
No. R811001'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/rvaluerulepra, by following the
instructions on the Web-based form. If you prefer to file your comment
on paper, mail or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex
J), 600 Pennsylvania Avenue, NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be addressed to Hampton Newsome, Attorney, Division of
Enforcement, Bureau of Consumer Protection, Federal Trade Commission,
600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2889.
SUPPLEMENTARY INFORMATION:
Proposed Information Collection Activities
Under the PRA, 44 U.S.C. 3501-3521, 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). Because the number of entities affected by the Commission's
requests will exceed ten, the Commission plans to seek OMB clearance
under the PRA. As required by Sec. 3506(c)(2)(A) of the PRA, the
Commission 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 R-
value Rule, 16 CFR part 460 (OMB Control Number 3084-0109).
The R-value Rule establishes uniform standards for the
substantiation and disclosure of accurate, material product information
about the thermal performance characteristics of home insulation
products. The R-value of an insulation signifies the insulation's
degree of resistance to the flow of heat. This information tells
consumers how well a product is likely to perform as an insulator and
allows consumers to determine whether the cost of the insulation is
justified.
Request for Comments
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 October
11, 2011.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before October 11,
2011. Write ``R-value Rule: FTC File No. R811001'' on your comment.
Your comment--including your name and your state--will be placed on the
public record of this proceeding, including, to the extent practicable,
on the public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to
remove individuals' home contact information from comments before
placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment doesn't include any
sensitive personal information, like anyone'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 doesn't include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, don't
include any ``[t]rade secret or any commercial or financial information
which is obtained from any person and which is privileged or
confidential,'' as provided in 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). In particular, don't
include competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
---------------------------------------------------------------------------
\1\ 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), 16 CFR 4.9(c).
---------------------------------------------------------------------------
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/valuerulepra, by following the instructions on the Web-based form.
If this Notice appears at https://www.regulations.gov, you also may file
a comment through that Web site.
If you file your comment on paper, write ``R-value Rule: FTC File
No. R811001'' on your comment and on the envelope, and mail or deliver
it to the following address: Federal Trade
[[Page 50219]]
Commission, Office of the Secretary, Room H-113 (Annex J), 600
Pennsylvania Avenue, NW., Washington, DC 20580. If possible, submit
your paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before October 11, 2011. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
R-value Rule Burden Statement
Estimated annual hours burden: 125,828 hours.
The Rule's requirements include product testing, recordkeeping, and
third-party disclosures on labels, fact sheets, advertisements, and
other promotional materials. Based on information provided by members
of the insulation industry, staff estimates that the Rule affects: (1)
150 insulation manufacturers and their testing laboratories; (2) 1,615
installers who sell home insulation; (3) 125,000 new home builders/
sellers of site-built homes and approximately 5,500 dealers who sell
manufactured housing; and (4) 25,000 retail sellers who sell home
insulation for installation by consumers.
Under the Rule's testing requirements, manufacturers must test each
insulation product for its R-value. Based on past industry input, staff
estimates that the test takes approximately 2 hours. Approximately 15
of the 150 insulation manufacturers in existence introduce one new
product each year. Their total annual testing burden is therefore
approximately 30 hours.
Staff further estimates that most manufacturers require an average
of approximately 20 hours per year regarding third-party disclosure
requirements in advertising and other promotional materials. Only the
five or six largest manufacturers require additional time,
approximately 80 hours each. Thus, the annual third-party disclosure
burden for manufacturers is approximately 3,360 hours [(144
manufacturers x 20 hours) + (6 manufacturers x 80 hours)].
While the Rule imposes recordkeeping requirements, most
manufacturers and their testing laboratories keep their testing-related
records in the ordinary course of business. Staff estimates that no
more than one additional hour per year per manufacturer is necessary to
comply with this requirement, for an annual recordkeeping burden of
approximately 150 hours (150 manufacturers x 1 hour).
Installers are required to show the manufacturers' insulation fact
sheet to retail consumers before purchase. They must also disclose
information in contracts or receipts concerning the R-value and the
amount of insulation to install. Staff estimates that two minutes per
sales transaction is sufficient to comply with these requirements.
Approximately 2,000,000 retrofit insulations (an industry source's
estimate) are installed by approximately 1,615 installers per year,
and, thus, the related annual burden total is approximately 66,667
hours (2,000,000 sales transactions x 2 minutes). Staff anticipates
that one hour per year per installer is sufficient to cover required
disclosures in advertisements and other promotional materials. Thus,
the burden for this requirement is approximately 1,615 hours per year.
In addition, installers must keep records that indicate the
substantiation relied upon for savings claims. The additional time to
comply with this requirement is minimal--approximately 5 minutes per
year per installer--for a total of approximately 134 hours.
New home sellers must make contract disclosures concerning the
type, thickness, and R-value of the insulation they install in each
part of a new home. Staff estimates that no more than 30 seconds per
sales transaction is required to comply with this requirement, for a
total annual burden of approximately 4,872 hours (an estimated 586,900
new home sales \2\ x 30 seconds). New home sellers who make energy
savings claims must also keep records regarding the substantiation
relied upon for those claims. Staff believes that the 30 seconds
covering disclosures would also encompass this recordkeeping element.
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\2\ Based on U.S. census data for 2010. See https://www.census.gov/const/startsan.pdf.
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The Rule requires that the approximately 25,000 retailers who sell
home insulation make fact sheets available to consumers before
purchase. This can be accomplished by, for example, placing copies in a
display rack or keeping copies in a binder on a service desk with an
appropriate notice. Replenishing or replacing fact sheets should
require no more than approximately one hour per year per retailer, for
a total of 25,000 annual hours, industry-wide.
The Rule also requires specific disclosures in advertisements or
other promotional materials to ensure that the claims are fair and not
deceptive. This burden is very minimal because retailers typically use
advertising copy provided by the insulation manufacturer, and even when
retailers prepare their own advertising copy, the Rule provides some of
the language to be used. Accordingly, approximately one hour per year
per retailer should suffice to meet this requirement, for a total
annual burden of approximately 25,000 hours.
Retailers who make energy savings claims in advertisements or other
promotional materials must keep records that indicate the
substantiation they are relying upon. Because few retailers make these
types of promotional claims and because the Rule permits retailers to
rely on the insulation manufacturer's substantiation data for any
claims that are made, the additional recordkeeping burden is de
minimis. The time calculated for disclosures, above, would be more than
adequate to cover any burden imposed by this recordkeeping requirement.
To summarize, staff estimates that the Rule imposes a total of
116,790 burden hours, as follows: 150 recordkeeping and 3,390 testing
and disclosure hours for manufacturers; 134 recordkeeping and 68,282
disclosure hours for installers; 4,872 disclosure hours for new home
sellers; and 50,000 disclosure hours for retailers. The estimated total
burden is approximately 125,828 burden hours.
Estimated annual cost burden: $2,548,200 (solely related to labor
costs).
The total annual labor cost for the Rule's information collection
requirements is $2,883,088, derived as follows: Approximately $800 for
testing, based on 30 hours for manufacturers (30 hours x $26 per hour
for skilled technical personnel); $4,000 for manufacturers' and
installers' compliance with the Rule's recordkeeping requirements,
based on 284 hours (284 hours x $14 per hour for clerical personnel);
$47,000 for manufacturers' compliance with third-party disclosure
requirements, based on 3,360 hours (3,360 hours x $14 per hour for
clerical personnel); and $2,500,000 for disclosure compliance by
installers, new home sellers, and retailers (123,262 hours x $20 per
hour for sales persons).\3\
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\3\ The wage rates for engineering technicians, except drafters
(skilled technical personnel), file clerks (clerical personnel), and
sales and related occupations (sales persons) are based on recent
data from the Bureau of Labor Statistics National Compensation
Survey.
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There are no significant current capital or other non-labor costs
associated with this Rule. Because the Rule has been in effect since
1980, members of the industry are familiar with its requirements and
already have in place the equipment for conducting tests and storing
records. New products are introduced infrequently. Because the required
disclosures are placed on packaging or on the product itself, the
Rule's additional disclosure requirements do not cause industry members
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to incur any significant additional non-labor associated costs.
Willard K. Tom,
General Counsel.
[FR Doc. 2011-20372 Filed 8-11-11; 8:45 am]
BILLING CODE 6750-01-M