Agency Information Collection Activities; Proposed Collection; Comment Request, 50218-50220 [2011-20372]

Download as PDF 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: mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 16:37 Aug 11, 2011 Jkt 223001 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 http://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 http:// 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 12AUN1 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 http://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 http://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 VerDate Mar<15>2010 16:37 Aug 11, 2011 Jkt 223001 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 http:// www.census.gov/const/startsan.pdf. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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. E:\FR\FM\12AUN1.SGM 12AUN1 50220 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: VerDate Mar<15>2010 16:37 Aug 11, 2011 Jkt 223001 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 (http://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 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 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 (http://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 (http://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 (http://iccvam.niehs.nih.gov/methods/ ocutox/reducenum.htm). E:\FR\FM\12AUN1.SGM 12AUN1

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.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (OMB) for review, 
as required by the Paperwork Reduction Act (PRA). The FTC 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 http://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.
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    \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).
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    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 http://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 http://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 http://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 http://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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[[Page 50220]]

    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