Agency Information Collection Activities; Proposed Collection; Comment Request, 77230-77234 [2011-31692]
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Notices
A. Federal Reserve Bank of Atlanta
(Chapelle Davis, Assistant Vice
President) 1000 Peachtree Street, NE.,
Atlanta, Georgia 30309:
1. 1st United Bancorp, Boca Raton,
Florida; to merge with Anderen
Financial, Inc., and thereby directly
acquire its subsidiary, Anderen Bank,
both in Palm Harbor, Florida.
Board of Governors of the Federal Reserve
System.
Dated: December 7, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2011–31754 Filed 12–9–11; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
Notice of Proposals To Engage in
Permissible Nonbanking Activities or
To Acquire Companies That Are
Engaged in Permissible Nonbanking
Activities; Correction
This notice corrects a notice (FR Doc.
2011–31370) published on page 76413
of the issue for Wednesday, December 7,
2011.
Under the Federal Reserve Bank of
Cleveland heading, the entry for Park
National Corporation, Newark, Ohio, is
revised to read as follows:
A. Federal Reserve Bank of Cleveland
(Nadine Wallman, Vice President) 1455
East Sixth Street, Cleveland, Ohio
44101–2566:
1. Park National Corporation,
Newark, Ohio; to engage through its
subsidiary, SE Property Holdings, LLC,
Newark, Ohio, in credit extending
activities, pursuant to section
225.28(b)(1) of Regulation Y.
Comments on this application must
be received by December 22, 2011.
Board of Governors of the Federal Reserve
System, December 7, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2011–31755 Filed 12–9–11; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
Federal Trade Commission.
Notice.
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AGENCY:
ACTION:
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
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comments on its proposal to extend
through March 31, 2015, the current
PRA clearances for information
collection requirements contained in
four product labeling rules enforced by
the Commission. Those clearances
expire on March 31, 2012.
DATES: Comments must be received by
February 10, 2012.
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.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed information
requirements should be addressed to
Robert M. Frisby, (202) 326–2098, or
Lemuel Dowdy, (202) 326–2981,
Attorneys, Division of Enforcement,
Bureau of Consumer Protection, 600
Pennsylvania Ave. NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION:
Proposed Information Collection
Activities
Under the Paperwork Reduction Act
(‘‘PRA’’), 44 U.S.C. 3501–3520, federal
agencies must get OMB approval for
each collection of information they
conduct, sponsor, or require.
‘‘Collection of information’’ means
agency requests or requirements to
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 PRA clearance
for the information collection
requirements associated with the
Commission’s rules and regulations
under the Fur Products Labeling Act
(‘‘Fur Rules’’), 16 CFR Part 301 (OMB
Control Number 3084–0099); 1 rules and
regulations under the Wool Products
Labeling Act of 1939 (‘‘Wool Rules’’), 16
CFR part 300 (OMB Control Number
3084–0100); 2 rules and regulations
under the Textile Fiber Products
Identification Act (‘‘Textile Rules’’), 16
CFR part 303 (OMB Control Number
3084–0101); 3 and the Care Labeling of
Textile Wearing Apparel and Certain
Piece Goods As Amended (‘‘Care
1 The Commission issues the Fur Rules to
implement the Fur Products Labeling Act, 15 U.S.C.
69 et seq.
2 The Commission issues the Wool Rules to
implement the Wool Products Labeling Act of 1939,
15 U.S.C. 68 et seq.
3 The Commission issues the Textile Rules to
implement the Textile Fiber Products Identification
Act, 15 U.S.C. 70 et seq.
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Labeling Rule’’), 16 CFR part 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.4 All
comments must be received on or before
February 10, 2012.
Burden Estimates
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 in these rules
and staff’s corresponding burden
estimates follow. The estimates address
the number of hours needed and the
labor costs incurred to comply with the
requirements.
1. Fur Rules (OMB Control Number:
3084–0099)
The Fur Products Labeling Act (‘‘Fur
Act’’) 5 prohibits the misbranding and
false advertising of fur products. The
Fur Rules establish disclosure
requirements that assist consumers in
making informed purchasing decisions,
and recordkeeping requirements that
assist the Commission in enforcing the
Rules. The Rules also provide a
4 As part of its regulatory review program, the
Commission is currently reviewing the Care
Labeling Rule as well as the Fur and Textile Rules.
See Federal Trade Commission: Care Labeling of
Textile Wearing Apparel and Certain Piece Goods
as Amended: Advance Notice of Proposed
Rulemaking; Request for Public Comment, 76 FR
41148 (Jul. 13, 2011); Federal Trade Commission:
Rules and Regulations Under the Fur Products
Labeling Act: Advance Notice of Proposed
Rulemaking: Request for Comment, 76 FR 13550
(Mar. 14, 2011); and Federal Trade Commission:
Rules and Regulations Under the Textile Fiber
Products Identification Act: Advance Notice of
Proposed Rulemaking; Request for Public Comment,
76 FR 68690 (Nov. 7, 2011). The Commission also
announced that this year it plans to initiate a review
of the Wool Rules. Federal Trade Commission:
Notice Announcing Ten-year Regulatory Review
Schedule and Request for Public Comment on the
Federal Trade Commission’s Regulatory Review
Program, 76 FR 41150 (Jul. 13, 2011).
5 15 U.S.C. 69 et seq.
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Notices
procedure for exemption from certain
disclosure provisions under the Fur Act.
The Commission expects that recent
amendments to the Fur Act will
increase the cost of complying with the
Fur Rules. Congress eliminated the
Commission’s power to exempt from the
labeling requirements 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 $150.6 As a result, more
garments will be subject to the Fur Act
and Rules, which will impose higher
recordkeeping and labeling costs on
manufacturers, importers, and retailers.
Because the requirements started to
apply to the previously exempted
garments earlier this year, the
Commission has only limited
information on the extent to which
compliance costs will increase. The
Commission has some evidence that
aggregate costs will rise substantially.7
Estimated annual hours burden:
168,105 hours (51,870 hours for
recordkeeping + 116,228 hours for
disclosure).
Recordkeeping: The Fur Rules 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 1,230
retailers incur an average recordkeeping
burden of about 13 hours per year
(15,990 hours total); 90 manufacturers
incur an average recordkeeping burden
of about 52 hours per year (4,680 hours
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 51,870 hours annually.
Disclosure: Staff estimates that 1,320
respondents (90 manufacturers + 1,230
retail sellers of fur garments) each
require an average of 26 hours per year
to determine label content (34,320 hours
total), and an average of seven hours per
year to draft and order labels (9,240
hours total). Staff estimates that the total
number of garments subject to the fur
labeling requirements annually is
approximately 1,336,000.8 Staff
estimates that for approximately 50
percent of these garments (668,000)
labels are attached manually, requiring
approximately four minutes per garment
for a total of 44,533 hours annually. For
the remaining 668,000, the process of
attaching labels is semi-automated and
requires an average of approximately
five seconds per item, for a total of 928
hours. Thus, the total burden for
attaching labels is 45,461 hours, and the
total burden for labeling garments is
89,021 hours per year (34,320 hours to
determine label content + 9,240 hours to
draft and order labels + 45,461 hours to
attach labels).
Staff estimates that the incremental
burden associated with the Fur Rules’
invoice disclosure requirement, beyond
the time that would be devoted to
preparing invoices in the absence of the
Rules, is approximately one minute per
invoice for garments and thirty seconds
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per invoice for pelts.9 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. Assuming invoices are
prepared for sales of 1,336,000
garments, the invoice disclosure
requirement entails an estimated burden
of 22,267 hours (1,336,000 invoices ×
one minute). Based on information from
the International Trade Commission and
the Fur Commission USA, staff
estimates total sales of 7,498,000 pelts
annually. Assuming invoices are
prepared for sales of 149,960 groups
(derived from an estimated 7,498,000
million pelts ÷ 50) of imported and
domestic pelts, the invoice disclosure
requirement entails an estimated total
burden of 1,250 hours (149,960 total
invoices × thirty seconds). Thus, the
total burden for invoice disclosures is
23,517 hours.
Staff estimates that the Fur Rules’
advertising disclosure requirements
impose an average burden of three hours
per year for each of the approximately
1,230 domestic fur retailers, or a total of
3,690 hours.
Thus, staff estimates the total
disclosure burden to be approximately
116,228 hours (89,021 hours for labeling
+ 23,517 hours for invoices + 3,690
hours for advertising).
Estimated annual cost burden:
$2,806,665 (solely relating to labor
costs). The chart below summarizes the
total estimated costs.
Hourly rate
Burden hours
Labor cost
Determine label content ...................................................................................................
Draft and order labels ......................................................................................................
Attach labels ....................................................................................................................
Invoice disclosures ..........................................................................................................
Prepare advertising disclosures ......................................................................................
Recordkeeping .................................................................................................................
$23.00
18.00
10 9.00
18.00
23.00
18.00
34,320
9,240
45,461
23,517
3,690
51,870
$789,360
166,320
409,149
423,306
84,870
933,660
Total ..........................................................................................................................
............................
............................
2,806,665
Staff believes that there are no current
start-up costs or other capital costs
associated with the Fur Rules. Because
the labeling of fur products has been an
integral part of the manufacturing
process for decades, manufacturers have
6 Truth
in Fur Labeling Act, Public Law 111–313.
example, one comment filed in the
regulatory review of the Fur Rules stated that the
elimination of the exemption required the
commenter to spend over $1 million to label
footwear that had left the factory. Deckers Outdoor
Corporation at https://www.ftc.gov/os/comments/
furlabeling/00016-59947.pdf.
8 The total number of imported fur garments, furtrimmed garments, and fur accessories is estimated
to be approximately 1,156,000 based on
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in place the capital equipment
necessary to comply with the Rules’
labeling requirements.11 Industry
sources indicate that much of the
information required by the Fur Act and
Rules would be included on the product
label even absent the Rules. 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-
International Trade Commission data. Estimated
domestic production totals 180,000.
9 The invoice disclosure burden for PRA purposes
excludes the time that respondents would spend for
invoicing, apart from the Fur Rules, in the ordinary
course of business. See 5 CFR 1320.3(b)(2).
10 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 other rules
discussed herein is mostly performed by foreign
labor, as detailed in note 13.
11 Although items previously exempt from the
labeling requirements must now be labeled
regarding their fur content, the Textile and Wool
Rules already required many such items to have
fiber content labels. Hence, manufacturers likely
have in place the equipment needed to comply with
the labeling requirements.
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labor costs as a result of the Act or the
Rules.
2. Wool Rules (OMB Control Number:
3084–0100)
The Wool Products Labeling Act of
1939 (‘‘Wool Act’’) 12 prohibits the
misbranding of wool products. The
Wool Rules establish disclosure
requirements that assist consumers in
making informed purchasing decisions
and recordkeeping requirements that
assist the Commission in enforcing the
Rules.
Estimated annual hours burden:
440,000 hours (80,000 recordkeeping
hours + 360,000 disclosure hours).
Recordkeeping: Staff estimates that
approximately 4,000 wool firms are
subject to the Wool Rules’
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 Wool Rules’ disclosure
requirements. Staff estimates the burden
of determining label content to be 15
hours per year per firm, 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
Task
600,000,000), the process is semiautomated 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:
$5,920,000, rounded to the nearest
thousand (solely relating to labor costs).
The chart below summarizes the total
estimated costs.
Hourly rate
Burden hours
Labor cost
Determine label content ...................................................................................................
Draft and order labels ......................................................................................................
Attach labels ....................................................................................................................
Recordkeeping .................................................................................................................
$23.00
18.00
13 5.00
18.00
120,000
40,000
200,000
80,000
$2,760,000
720,000
1,000,000
1,440,000
Total ..........................................................................................................................
............................
............................
5,920,000
Staff believes that there are no current
start-up costs or other capital costs
associated with the Wool Rules. 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 Rules.
Based on knowledge of the industry,
staff believes that much of the
information required by the Wool Act
and Rules 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 nonlabor costs as a result of the Rules.
12 15
U.S.C. 68 et seq.
imported products, the labels generally are
attached in the country where the products 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 to attach
labels, staff has calculated a weighted average
hourly wage of $5 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 the year ending in September 2011
compiled by the Office of Textiles and Apparel,
International Trade Administration, U.S.
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3. Textile Rules (OMB Control Number:
3084–0101)
The Textile Fiber Products
Identification Act (‘‘Textile Act’’) 14
prohibits the misbranding and false
advertising of textile fiber products. The
Textile Rules establish disclosure
requirements that assist consumers in
making informed purchasing decisions,
and recordkeeping requirements that
assist the Commission in enforcing the
Rules. The Rules also contain a petition
procedure for requesting the
establishment of generic names for
textile fibers.
Estimated annual hours burden:
7,528,142 hours (506,025 recordkeeping
hours + 7,022,117 disclosure hours).
Recordkeeping: Staff estimates that
approximately 20,241 textile firms are
subject to the Textile Rules’
recordkeeping requirements. Based on
an average burden of 25 hours per firm,
the total recordkeeping burden is
506,025 hours.
Disclosure: Approximately 22,218
textile firms, producing or importing
about 19.4 billion textile fiber products
annually, are subject to the Textile
Rules’ disclosure requirements.15 Staff
estimates the burden of determining
label content to be 20 hours per year per
firm, or a total of 444,360 hours and the
burden of drafting and ordering labels to
be 5 hours per respondent per year, or
a total of 111,090 hours.16 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 11.64 billion items (60
percent of 19.4 billion), the process is
semi-automated and requires an average
of approximately two seconds per item,
Department of Commerce. Wages in major textile
exporting countries, factored into the above hourly
wage estimate, were based on 2009 data from the
U.S. Department of Labor, Bureau of International
Labor Affairs. See Table 1.1 Production Workers:
Indexes of hourly compensation costs in
manufacturing, U.S. dollar basis, 1975–2009 (Index,
U.S. = 100) available at: ftp://ftp.bls.gov/pub/suppl/
ichcc.ichccpwsuppt1_1.txt.
14 15 U.S.C. 70 et seq.
15 The apparent consumption of garments in the
U.S. in 2009 was 18 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 Act, not the Textile Act,
because they contain some amount of wool. Thus,
the estimated net total products subject to the
Textile Act is 19.4 billion.
16 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 Public Law 109–428. The
Commission anticipates revising the Wool Rules to
incorporate these amendments. The Commission
will seek comment on the increased burden, if any,
imposed by these changes when it announces the
revisions.
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for a total of 6,466,667 per year. Thus,
the total estimated annual burden for all
firms is 7,022,117 hours (444,360 hours
to determine label content + 111,090
hours to draft and order labels +
6,466,667 hours to attach labels).17 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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77233
Estimated annual cost burden:
$53,662,000, rounded to the nearest
thousand (solely relating to labor costs).
The chart below summarizes the total
estimated costs.
Hourly rate
Burden hours
Labor cost
Determine label content ...................................................................................................
Draft and order labels ......................................................................................................
Attach labels ....................................................................................................................
Recordkeeping .................................................................................................................
$23.00
18.00
18 5.00
18.00
444,360
111,090
6,466,667
506,025
$10,220,280
1,999,620
32,333,335
9,108,450
Total ..........................................................................................................................
............................
............................
53,661,685
Staff believes that there are no current
start-up costs or other capital costs
associated with the Textile Rules.
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
Rules’ labeling requirements. Industry
sources indicate that much of the
information required by the Textile Act
and 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
Rules.
4. The Care Labeling Rule (OMB Control
Number: 3084–0103)
The Care Labeling Rule 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:
6,666,477 hours (solely relating to
disclosure 19).
Staff estimates that approximately
22,218 manufacturers or importers of
textile apparel, producing about 17
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 firm, for a
Task
cumulative total of 955,374 hours. Staff
further estimates that the burden of
drafting and ordering labels is 2 hours
each year per respondent, for a total of
44,436 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 17 billion garments
that are required to have care
instructions on permanent labels.20 For
the remaining 10.2 billion items (60
percent of 17 billion), the process is
semi-automated and requires an average
of approximately two seconds per item,
for a total of 5,666,667 hours per year.
Thus, the total estimated annual burden
for all firms is 6,666,477 hours (955,374
hours to determine care instructions +
44,436 hours to draft and order labels +
5,666,667 hours to attach labels).
Estimated annual cost burden:
$51,107,000, rounded to the nearest
thousand (solely relating to labor costs).
The chart below summarizes the total
estimated costs.
Hourly rate
Burden hours
Labor cost
Determine care instructions .............................................................................................
Draft and order labels ......................................................................................................
Attach labels ....................................................................................................................
$23.00
18.00
21 5.00
955,374
44,436
5,666,667
$21,973,602
799,848
28,333,335
Total ..........................................................................................................................
............................
............................
51,106,785
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Staff believes that there are no current
start-up costs or other capital costs
associated with the Care Labeling 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.
Request for Comments
17 The Commission revised the Textile Rules in
2006 in response to amendments to the Textile Act.
See 70 FR 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.
18 See note 13.
19 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.
20 About 1 billion of the 18 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).
21 See note 13.
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You can file a comment online or on
paper. Write ‘‘https://
ftcpublic.commentworks.com/ftc/
apparelrulespra’’ on your comment.
Your comment—including your name
and your state—will be placed on the
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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 does
not 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 does
not 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). 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, the Commission encourages 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/
apparelrulespra, 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 ‘‘Apparel Rules: FTC File No.
P074201’’ on your comment and on the
envelope, and mail or deliver it to the
following address: Federal Trade
Commission, Office of the Secretary,
VerDate Mar<15>2010
15:55 Dec 09, 2011
Jkt 226001
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 February 10, 2012. 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.
Willard K. Tom,
General Counsel.
[FR Doc. 2011–31692 Filed 12–9–11; 8:45 am]
Additionally, the December 6, 2011
Notice inadvertently omitted the
following instruction from the Request
for Comments portion of the
SUPPLEMENTARY INFORMATION section:
Comments on the information
collection requirements subject to
review under the PRA should
additionally be submitted to OMB. If
sent by U.S. mail, they should be
addressed to Office of Information and
Regulatory Affairs, Office of
Management and Budget, Attention:
Desk Officer for the Federal Trade
Commission, New Executive Office
Building, Docket Library, Room 10102,
725 17th Street NW., Washington, DC
20503. Comments sent to OMB by U.S.
postal mail, however, are subject to
delays due to heightened security
precautions. Thus, comments instead
should be sent by facsimile to (202)
395–5167.
Donald S. Clark,
Secretary.
BILLING CODE 6750–01–P
[FR Doc. 2011–31749 Filed 12–9–11; 8:45 am]
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Correction
AGENCY: Federal Trade Commission
(‘‘Commission’’ or ‘‘FTC’’).
ACTION: Notice and request for comment;
correction.
The FTC published a notice
and request for comment on December
6, 2011, regarding its intention to seek
renewed Office of Management and
Budget (‘‘OMB’’) clearance under the
Paperwork Reduction Act for the
information collection requirements in
the Commission’s Business Opportunity
Rule. This document makes a technical
correction to a hyperlink in that
document and adds instructions for
sending public comments to OMB.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be addressed to Christine M.
Todaro (202) 326–3711, Division of
Marketing Practices, Room 286, Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: This
Notice contains a technical correction to
the Commentworks hyperlink for public
comments contained in the Notice
published on December 6, 2011 (76 FR
76162). The hyperlink located on page
76162, second column, and on page
76163, third column, is corrected to
read: https://
ftcpublic.commentworks.com/ftc/
BusinessOpportunityRulePRA2.
SUMMARY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Toxic Substances and
Disease Registry
[CDC–2011–0014]
Availability of Draft Vieques Report: An
Evaluation of Environmental,
Biological, and Health Data From the
Island of Vieques, Puerto Rico
AGENCY: Agency for Toxic Substances
and Disease Registry (ATSDR),
Department of Health and Human
Services (DHHS).
ACTION: Notice of availability and
request for public comment.
SUMMARY: This notice announces the
availability of the Draft Vieques Report:
An Evaluation of Environmental,
Biological, and Health Data from the
Island of Vieques, Puerto Rico for
review and comment. This report’s
principal focus is to review updated
environmental data on Vieques air,
water, soil, seafood, and locally grown
foods. In addition, this report evaluates
human biomonitoring and health
outcome data. ATSDR is providing a
public comment period for this draft
report as a means to best serve public
health and the residents of Vieques,
Puerto Rico. The Draft Vieques Report is
available in English and Spanish at
www.regulations.gov in the docket
identified by Docket ID No. CDC–2011–
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Notices]
[Pages 77230-77234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31692]
=======================================================================
-----------------------------------------------------------------------
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 March 31,
2015, the current PRA clearances for information collection
requirements contained in four product labeling rules enforced by the
Commission. Those clearances expire on March 31, 2012.
DATES: Comments must be received by February 10, 2012.
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.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the proposed information requirements should be addressed to
Robert M. Frisby, (202) 326-2098, or Lemuel Dowdy, (202) 326-2981,
Attorneys, Division of Enforcement, Bureau of Consumer Protection, 600
Pennsylvania Ave. NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Proposed Information Collection Activities
Under the Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501-3520,
federal agencies must get OMB approval for each collection of
information they conduct, sponsor, or require. ``Collection of
information'' means agency requests or requirements to 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 PRA clearance for the
information collection requirements associated with the Commission's
rules and regulations under the Fur Products Labeling Act (``Fur
Rules''), 16 CFR Part 301 (OMB Control Number 3084-0099); \1\ rules and
regulations under the Wool Products Labeling Act of 1939 (``Wool
Rules''), 16 CFR part 300 (OMB Control Number 3084-0100); \2\ rules and
regulations under the Textile Fiber Products Identification Act
(``Textile Rules''), 16 CFR part 303 (OMB Control Number 3084-0101);
\3\ and the Care Labeling of Textile Wearing Apparel and Certain Piece
Goods As Amended (``Care Labeling Rule''), 16 CFR part 423 (OMB Control
Number 3084-0103).
---------------------------------------------------------------------------
\1\ The Commission issues the Fur Rules to implement the Fur
Products Labeling Act, 15 U.S.C. 69 et seq.
\2\ The Commission issues the Wool Rules to implement the Wool
Products Labeling Act of 1939, 15 U.S.C. 68 et seq.
\3\ The Commission issues the Textile Rules to implement the
Textile Fiber Products Identification Act, 15 U.S.C. 70 et seq.
---------------------------------------------------------------------------
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.\4\ All comments must be received on or before February
10, 2012.
---------------------------------------------------------------------------
\4\ As part of its regulatory review program, the Commission is
currently reviewing the Care Labeling Rule as well as the Fur and
Textile Rules. See Federal Trade Commission: Care Labeling of
Textile Wearing Apparel and Certain Piece Goods as Amended: Advance
Notice of Proposed Rulemaking; Request for Public Comment, 76 FR
41148 (Jul. 13, 2011); Federal Trade Commission: Rules and
Regulations Under the Fur Products Labeling Act: Advance Notice of
Proposed Rulemaking: Request for Comment, 76 FR 13550 (Mar. 14,
2011); and Federal Trade Commission: Rules and Regulations Under the
Textile Fiber Products Identification Act: Advance Notice of
Proposed Rulemaking; Request for Public Comment, 76 FR 68690 (Nov.
7, 2011). The Commission also announced that this year it plans to
initiate a review of the Wool Rules. Federal Trade Commission:
Notice Announcing Ten-year Regulatory Review Schedule and Request
for Public Comment on the Federal Trade Commission's Regulatory
Review Program, 76 FR 41150 (Jul. 13, 2011).
---------------------------------------------------------------------------
Burden Estimates
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 in these
rules and staff's corresponding burden estimates follow. The estimates
address the number of hours needed and the labor costs incurred to
comply with the requirements.
1. Fur Rules (OMB Control Number: 3084-0099)
The Fur Products Labeling Act (``Fur Act'') \5\ prohibits the
misbranding and false advertising of fur products. The Fur Rules
establish disclosure requirements that assist consumers in making
informed purchasing decisions, and recordkeeping requirements that
assist the Commission in enforcing the Rules. The Rules also provide a
[[Page 77231]]
procedure for exemption from certain disclosure provisions under the
Fur Act.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 69 et seq.
---------------------------------------------------------------------------
The Commission expects that recent amendments to the Fur Act will
increase the cost of complying with the Fur Rules. Congress eliminated
the Commission's power to exempt from the labeling requirements 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.\6\ As a result, more garments will be subject to the Fur Act and
Rules, which will impose higher recordkeeping and labeling costs on
manufacturers, importers, and retailers. Because the requirements
started to apply to the previously exempted garments earlier this year,
the Commission has only limited information on the extent to which
compliance costs will increase. The Commission has some evidence that
aggregate costs will rise substantially.\7\
---------------------------------------------------------------------------
\6\ Truth in Fur Labeling Act, Public Law 111-313.
\7\ For example, one comment filed in the regulatory review of
the Fur Rules stated that the elimination of the exemption required
the commenter to spend over $1 million to label footwear that had
left the factory. Deckers Outdoor Corporation at https://www.ftc.gov/os/comments/furlabeling/00016-59947.pdf.
---------------------------------------------------------------------------
Estimated annual hours burden: 168,105 hours (51,870 hours for
recordkeeping + 116,228 hours for disclosure).
Recordkeeping: The Fur Rules 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 1,230 retailers incur an average recordkeeping
burden of about 13 hours per year (15,990 hours total); 90
manufacturers incur an average recordkeeping burden of about 52 hours
per year (4,680 hours 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 51,870 hours annually.
Disclosure: Staff estimates that 1,320 respondents (90
manufacturers + 1,230 retail sellers of fur garments) each require an
average of 26 hours per year to determine label content (34,320 hours
total), and an average of seven hours per year to draft and order
labels (9,240 hours total). Staff estimates that the total number of
garments subject to the fur labeling requirements annually is
approximately 1,336,000.\8\ Staff estimates that for approximately 50
percent of these garments (668,000) labels are attached manually,
requiring approximately four minutes per garment for a total of 44,533
hours annually. For the remaining 668,000, the process of attaching
labels is semi-automated and requires an average of approximately five
seconds per item, for a total of 928 hours. Thus, the total burden for
attaching labels is 45,461 hours, and the total burden for labeling
garments is 89,021 hours per year (34,320 hours to determine label
content + 9,240 hours to draft and order labels + 45,461 hours to
attach labels).
---------------------------------------------------------------------------
\8\ The total number of imported fur garments, fur-trimmed
garments, and fur accessories is estimated to be approximately
1,156,000 based on International Trade Commission data. Estimated
domestic production totals 180,000.
---------------------------------------------------------------------------
Staff estimates that the incremental burden associated with the Fur
Rules' invoice disclosure requirement, beyond the time that would be
devoted to preparing invoices in the absence of the Rules, is
approximately one minute per invoice for garments and thirty seconds
per invoice for pelts.\9\ 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. Assuming
invoices are prepared for sales of 1,336,000 garments, the invoice
disclosure requirement entails an estimated burden of 22,267 hours
(1,336,000 invoices x one minute). Based on information from the
International Trade Commission and the Fur Commission USA, staff
estimates total sales of 7,498,000 pelts annually. Assuming invoices
are prepared for sales of 149,960 groups (derived from an estimated
7,498,000 million pelts / 50) of imported and domestic pelts, the
invoice disclosure requirement entails an estimated total burden of
1,250 hours (149,960 total invoices x thirty seconds). Thus, the total
burden for invoice disclosures is 23,517 hours.
---------------------------------------------------------------------------
\9\ The invoice disclosure burden for PRA purposes excludes the
time that respondents would spend for invoicing, apart from the Fur
Rules, in the ordinary course of business. See 5 CFR 1320.3(b)(2).
---------------------------------------------------------------------------
Staff estimates that the Fur Rules' advertising disclosure
requirements impose an average burden of three hours per year for each
of the approximately 1,230 domestic fur retailers, or a total of 3,690
hours.
Thus, staff estimates the total disclosure burden to be
approximately 116,228 hours (89,021 hours for labeling + 23,517 hours
for invoices + 3,690 hours for advertising).
Estimated annual cost burden: $2,806,665 (solely relating to labor
costs). The chart below summarizes the total estimated costs.
---------------------------------------------------------------------------
\10\ 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 other rules
discussed herein is mostly performed by foreign labor, as detailed
in note 13.
----------------------------------------------------------------------------------------------------------------
Task Hourly rate Burden hours Labor cost
----------------------------------------------------------------------------------------------------------------
Determine label content................................... $23.00 34,320 $789,360
Draft and order labels.................................... 18.00 9,240 166,320
Attach labels............................................. \10\ 9.00 45,461 409,149
Invoice disclosures....................................... 18.00 23,517 423,306
Prepare advertising disclosures........................... 23.00 3,690 84,870
Recordkeeping............................................. 18.00 51,870 933,660
-----------------------------------------------------
Total................................................. ................ ................ 2,806,665
----------------------------------------------------------------------------------------------------------------
Staff believes that there are no current start-up costs or other
capital costs associated with the Fur Rules. 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 Rules' labeling requirements.\11\ Industry sources
indicate that much of the information required by the Fur Act and Rules
would be included on the product label even absent the Rules.
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-
[[Page 77232]]
labor costs as a result of the Act or the Rules.
---------------------------------------------------------------------------
\11\ Although items previously exempt from the labeling
requirements must now be labeled regarding their fur content, the
Textile and Wool Rules already required many such items to have
fiber content labels. Hence, manufacturers likely have in place the
equipment needed to comply with the labeling requirements.
---------------------------------------------------------------------------
2. Wool Rules (OMB Control Number: 3084-0100)
The Wool Products Labeling Act of 1939 (``Wool Act'') \12\
prohibits the misbranding of wool products. The Wool Rules establish
disclosure requirements that assist consumers in making informed
purchasing decisions and recordkeeping requirements that assist the
Commission in enforcing the Rules.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 68 et seq.
---------------------------------------------------------------------------
Estimated annual hours burden: 440,000 hours (80,000 recordkeeping
hours + 360,000 disclosure hours).
Recordkeeping: Staff estimates that approximately 4,000 wool firms
are subject to the Wool Rules' 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 Wool
Rules' disclosure requirements. Staff estimates the burden of
determining label content to be 15 hours per year per firm, 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: $5,920,000, rounded to the nearest
thousand (solely relating to labor costs). The chart below summarizes
the total estimated costs.
---------------------------------------------------------------------------
\13\ For imported products, the labels generally are attached in
the country where the products 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 to attach labels, staff has calculated a
weighted average hourly wage of $5 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 the year ending
in September 2011 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 2009 data from the U.S.
Department of Labor, Bureau of International Labor Affairs. See
Table 1.1 Production Workers: Indexes of hourly compensation costs
in manufacturing, U.S. dollar basis, 1975-2009 (Index, U.S. = 100)
available at: ftp://ftp.bls.gov/pub/suppl/ichcc.ichccpwsuppt1_1.txt.
----------------------------------------------------------------------------------------------------------------
Task Hourly rate Burden hours Labor cost
----------------------------------------------------------------------------------------------------------------
Determine label content................................... $23.00 120,000 $2,760,000
Draft and order labels.................................... 18.00 40,000 720,000
Attach labels............................................. \13\ 5.00 200,000 1,000,000
Recordkeeping............................................. 18.00 80,000 1,440,000
-----------------------------------------------------
Total................................................. ................ ................ 5,920,000
----------------------------------------------------------------------------------------------------------------
Staff believes that there are no current start-up costs or other
capital costs associated with the Wool Rules. 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 Rules. Based on knowledge of the industry,
staff believes that much of the information required by the Wool Act
and Rules 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 Rules.
3. Textile Rules (OMB Control Number: 3084-0101)
The Textile Fiber Products Identification Act (``Textile Act'')
\14\ prohibits the misbranding and false advertising of textile fiber
products. The Textile Rules establish disclosure requirements that
assist consumers in making informed purchasing decisions, and
recordkeeping requirements that assist the Commission in enforcing the
Rules. The Rules also contain a petition procedure for requesting the
establishment of generic names for textile fibers.
---------------------------------------------------------------------------
\14\ 15 U.S.C. 70 et seq.
---------------------------------------------------------------------------
Estimated annual hours burden: 7,528,142 hours (506,025
recordkeeping hours + 7,022,117 disclosure hours).
Recordkeeping: Staff estimates that approximately 20,241 textile
firms are subject to the Textile Rules' recordkeeping requirements.
Based on an average burden of 25 hours per firm, the total
recordkeeping burden is 506,025 hours.
Disclosure: Approximately 22,218 textile firms, producing or
importing about 19.4 billion textile fiber products annually, are
subject to the Textile Rules' disclosure requirements.\15\ Staff
estimates the burden of determining label content to be 20 hours per
year per firm, or a total of 444,360 hours and the burden of drafting
and ordering labels to be 5 hours per respondent per year, or a total
of 111,090 hours.\16\ 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
11.64 billion items (60 percent of 19.4 billion), the process is semi-
automated and requires an average of approximately two seconds per
item,
[[Page 77233]]
for a total of 6,466,667 per year. Thus, the total estimated annual
burden for all firms is 7,022,117 hours (444,360 hours to determine
label content + 111,090 hours to draft and order labels + 6,466,667
hours to attach labels).\17\ 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.
---------------------------------------------------------------------------
\15\ The apparent consumption of garments in the U.S. in 2009
was 18 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 Act, not the Textile Act, because they contain
some amount of wool. Thus, the estimated net total products subject
to the Textile Act is 19.4 billion.
\16\ 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 Public Law 109-428.
The Commission anticipates revising the Wool Rules to incorporate
these amendments. The Commission will seek comment on the increased
burden, if any, imposed by these changes when it announces the
revisions.
\17\ The Commission revised the Textile Rules in 2006 in
response to amendments to the Textile Act. See 70 FR 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: $53,662,000, rounded to the nearest
thousand (solely relating to labor costs). The chart below summarizes
the total estimated costs.
----------------------------------------------------------------------------------------------------------------
Task Hourly rate Burden hours Labor cost
----------------------------------------------------------------------------------------------------------------
Determine label content................................... $23.00 444,360 $10,220,280
Draft and order labels.................................... 18.00 111,090 1,999,620
Attach labels............................................. \18\ 5.00 6,466,667 32,333,335
Recordkeeping............................................. 18.00 506,025 9,108,450
-----------------------------------------------------
Total................................................. ................ ................ 53,661,685
----------------------------------------------------------------------------------------------------------------
Staff believes that there are no current start-up costs or other
capital costs associated with the Textile Rules. 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 Rules' labeling requirements. Industry
sources indicate that much of the information required by the Textile
Act and 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 Rules.
---------------------------------------------------------------------------
\18\ See note 13.
---------------------------------------------------------------------------
4. The Care Labeling Rule (OMB Control Number: 3084-0103)
The Care Labeling Rule 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: 6,666,477 hours (solely relating to
disclosure \19\).
---------------------------------------------------------------------------
\19\ 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 22,218 manufacturers or
importers of textile apparel, producing about 17 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 firm, for a cumulative total
of 955,374 hours. Staff further estimates that the burden of drafting
and ordering labels is 2 hours each year per respondent, for a total of
44,436 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 17 billion garments that are required to
have care instructions on permanent labels.\20\ For the remaining 10.2
billion items (60 percent of 17 billion), the process is semi-automated
and requires an average of approximately two seconds per item, for a
total of 5,666,667 hours per year. Thus, the total estimated annual
burden for all firms is 6,666,477 hours (955,374 hours to determine
care instructions + 44,436 hours to draft and order labels + 5,666,667
hours to attach labels).
---------------------------------------------------------------------------
\20\ About 1 billion of the 18 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: $51,107,000, rounded to the nearest
thousand (solely relating to labor costs). The chart below summarizes
the total estimated costs.
----------------------------------------------------------------------------------------------------------------
Task Hourly rate Burden hours Labor cost
----------------------------------------------------------------------------------------------------------------
Determine care instructions............................... $23.00 955,374 $21,973,602
Draft and order labels.................................... 18.00 44,436 799,848
Attach labels............................................. \21\ 5.00 5,666,667 28,333,335
-----------------------------------------------------
Total................................................. ................ ................ 51,106,785
----------------------------------------------------------------------------------------------------------------
Staff believes that there are no current start-up costs or other
capital costs associated with the Care Labeling 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.
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\21\ See note 13.
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Request for Comments
You can file a comment online or on paper. Write ``https://ftcpublic.commentworks.com/ftc/apparelrulespra'' on your comment. Your
comment--including your name and your state--will be placed on the
[[Page 77234]]
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 does not 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 does not 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). 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, the Commission encourages
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/apparelrulespra, 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 ``Apparel Rules: FTC File
No. P074201'' on your comment and on the envelope, and mail or deliver
it to the following address: Federal Trade 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 February 10, 2012. 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.
Willard K. Tom,
General Counsel.
[FR Doc. 2011-31692 Filed 12-9-11; 8:45 am]
BILLING CODE 6750-01-P
