Federal Acquisition Regulation; Submission for OMB Review; Evaluation of Export Offers, 66844-66845 [2012-27238]

Download as PDF 66844 Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES 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 November 26, 2012. 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. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, an agreement containing a consent order from PPG Architectural Finishes, Inc. (‘‘PPG’’). The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and decide whether it should withdraw from the agreement or make final the agreement’s proposed order. This matter involves PPG’s marketing and sale of ‘‘zero VOC’’ paints. According to the FTC complaint, PPG represented that its Pure Performance paints, including paints with color added, contain zero VOCs. But the complaint alleges that, in numerous instances, the paint does not contain zero VOCs after the addition of color. It also alleges that PPG did not possess and rely upon a reasonable basis substantiating these representations when it made them. Finally, it alleges that, by providing independent distributors and retailers with promotional materials making the above representations, PPG provided these third parties with the means and instrumentalities to engage in deceptive practices. Thus, the complaint alleges that PPG engaged in deceptive practices in violation of Section 5(a) of the FTC Act. The proposed order contains three provisions designed to prevent PPG from engaging in similar acts and practices in the future. Part I addresses the marketing of zero VOC paints. It prohibits PPG from claiming that its paints (including paints manufactured under its PPG, Pittsburgh Paints, Porter Paints, and Olympic brands) contain ‘‘zero VOCs’’ unless: (1) After tinting, the VOC level is zero grams per liter (‘‘g/ L’’) or PPG possesses competent and VerDate Mar<15>2010 15:43 Nov 06, 2012 Jkt 229001 reliable scientific evidence that the paint contains no more than a trace level of VOCs; or (2) PPG clearly and prominently discloses that the claim applies only to the base paint and that, depending on the color choice, the VOC level may increase. In situations where a paint’s post-tint VOC level is 50 g/L or more, the order requires PPG to disclose that the VOC level increases ‘‘significantly’’ or ‘‘up to [the highest possible VOC level after tinting].’’ 2 Part II addresses VOC and environmental benefit or attribute claims made about paints and other architectural coatings. It prohibits such representations unless the representation is true, not misleading, and substantiated by competent and reliable scientific evidence. Part III prohibits PPG from providing to others the means and instrumentalities with which to make any claim prohibited by Part I or II. It defines ‘‘means and instrumentalities’’ as any information, including any advertising, labeling, or promotional, sales training, or purported substantiation materials, for use by trade customers in their marketing of any such product or service. Part IV requires PPG to send a letter to its retailers, requiring them to remove all Pure Performance ads with zero VOC claims and affix a sticker to existing Pure Performance paint can labels. Finally, Parts V though VIII require PPG to: keep copies of advertisements and materials relied upon in disseminating any representation covered by the order; provide copies of the order to certain personnel, agents, and representatives having supervisory responsibilities with respect to the subject matter of the order; notify the Commission of changes in its structure that might affect compliance obligations under the order; and file a compliance report with the Commission and respond to other requests from FTC staff. Part IX provides that the order will terminate after twenty (20) years, with certain exceptions. The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the complaint or the proposed order, or to modify the proposed order’s terms in any way. 2 The order does not require PPG to characterize an increase of less than 50 g/L as ‘‘significant’’ because paints with this level of VOCs are considered by air quality regulators and environmental certification groups to be low in VOCs. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2012–27112 Filed 11–6–12; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0057: Docket 2012– 0076; Sequence 8] Federal Acquisition Regulation; Submission for OMB Review; Evaluation of Export Offers Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. AGENCIES: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning the provision at FAR 52.247–51, entitled ‘‘Evaluation of Export Offers.’’ A notice was published in the Federal Register at 77 FR 35661, on June 14, 2012. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before December 7, 2012. ADDRESSES: Submit comments identified by Information Collection 9000–0057, Evaluation of Export Offers, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘Information Collection 9000– SUMMARY: E:\FR\FM\07NON1.SGM 07NON1 66845 Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Notices 0057, Evaluation of Export Offers’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘Information Collection 9000–0057, Evaluation of Export Offers’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0057, Evaluation of Export Offers’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: Hada Flowers/IC 9000–0057, Evaluation of Export Offers. Instructions: Please submit comments only and cite Information Collection 9000–0057, Evaluation of Export Offers, in all correspondence related to this collection. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 501– 4082 or via email at Curtis.glover@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose Offers submitted in response to Government solicitations must be evaluated and awards made on the basis of the lowest laid down cost to the Government at the overseas port of discharge, via methods and ports compatible with required delivery dates and conditions affecting transportation know at the time of evaluation. FAR provision 52.247–51, ‘‘Evaluation of Export Offers,’’ is required for insertion in Government solicitations when supplies are to be exported through Contiguous United States (CONUS) ports and offers are solicited on a free onboard (f.o.b.) origin or f.o.b. destination basis. The provision has three alternates, to be used (1) when the CONUS ports of export are DoD water terminals, (2) when offers are solicited on an f.o.b. origin only basis, and (3) when offers are solicited on an f.o.b. destination only basis. The provision collects information regarding the vendor’s preference for delivery ports. The information is used to evaluate offers [on the basis of shipment through the port resulting in the lowest cost to the Government. B. Annual Reporting Burden Respondents: 100. Responses per Respondent: 4. Annual Responses: 400. Hours per Response: 0.25. Total Burden Hours: 100. Obtaining Copies of Proposals Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1275 First Street, NE., Washington, DC 20417, telephone (202) 501–4755. Please cite OMB Control No. 9000–0057, Evaluation of Export Offers in all correspondence. Dated: October 31, 2012. William Clark, Acting Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2012–27238 Filed 11–6–12; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request Proposed Projects Title: Head Start Program Performance Standards. OMB No.: 0970–0148. Description: Head Start Program Performance Standards require Head Start and Early Head Start Programs and Delegate Agencies to maintain program records. The Administration for Children and Families, Office of Head Start, is proposing to renew, without changes, the authority to require certain record keeping in all programs as provided for in 45 CFR part 1304 Head Start Program Performance Standards. These standards prescribe the services that Head Start and Early Head Start programs provide to enrolled children and their families. Respondents: Head Start and Early Head Start grantees and delegate agencies. ANNUAL BURDEN ESTIMATES Number of responses per respondent Average burden hours per response Total burden hours Standard .......................................................................................................... pmangrum on DSK3VPTVN1PROD with NOTICES Instrument Number of respondents 2,590 16 41.80 1,732,192 Estimated Total Annual Burden Hours: 1,732,192. In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L’Enfant VerDate Mar<15>2010 15:43 Nov 06, 2012 Jkt 229001 Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email address: infocollection@acf.hhs. gov. All requests should be identified by the title of the information collection. The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the PO 00000 Frm 00053 Fmt 4703 Sfmt 9990 information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Robert Sargis, Reports Clearance Officer. [FR Doc. 2012–27091 Filed 11–6–12; 8:45 am] BILLING CODE 4184–01–P E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66844-66845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27238]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0057: Docket 2012-0076; Sequence 8]


Federal Acquisition Regulation; Submission for OMB Review; 
Evaluation of Export Offers

AGENCIES:  Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an extension of a 
previously approved information collection requirement concerning the 
provision at FAR 52.247-51, entitled ``Evaluation of Export Offers.'' A 
notice was published in the Federal Register at 77 FR 35661, on June 
14, 2012. No comments were received.
    Public comments are particularly invited on: Whether this 
collection of information is necessary; whether it will have practical 
utility; whether our estimate of the public burden of this collection 
of information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.

DATES: Submit comments on or before December 7, 2012.

ADDRESSES: Submit comments identified by Information Collection 9000-
0057, Evaluation of Export Offers, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``Information 
Collection 9000-

[[Page 66845]]

0057, Evaluation of Export Offers'' under the heading ``Enter Keyword 
or ID'' and selecting ``Search''. Select the link ``Submit a Comment'' 
that corresponds with ``Information Collection 9000-0057, Evaluation of 
Export Offers''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0057, Evaluation of Export Offers'' on 
your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: 
Hada Flowers/IC 9000-0057, Evaluation of Export Offers.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0057, Evaluation of Export Offers, in all 
correspondence related to this collection. All comments received will 
be posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 501-
4082 or via email at Curtis.glover@gsa.gov.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    Offers submitted in response to Government solicitations must be 
evaluated and awards made on the basis of the lowest laid down cost to 
the Government at the overseas port of discharge, via methods and ports 
compatible with required delivery dates and conditions affecting 
transportation know at the time of evaluation. FAR provision 52.247-51, 
``Evaluation of Export Offers,'' is required for insertion in 
Government solicitations when supplies are to be exported through 
Contiguous United States (CONUS) ports and offers are solicited on a 
free onboard (f.o.b.) origin or f.o.b. destination basis. The provision 
has three alternates, to be used (1) when the CONUS ports of export are 
DoD water terminals, (2) when offers are solicited on an f.o.b. origin 
only basis, and (3) when offers are solicited on an f.o.b. destination 
only basis. The provision collects information regarding the vendor's 
preference for delivery ports. The information is used to evaluate 
offers [on the basis of shipment through the port resulting in the 
lowest cost to the Government.

B. Annual Reporting Burden

    Respondents: 100.
    Responses per Respondent: 4.
    Annual Responses: 400.
    Hours per Response: 0.25.
    Total Burden Hours: 100.

Obtaining Copies of Proposals

    Requesters may obtain a copy of the information collection 
documents from the General Services Administration, Regulatory 
Secretariat Division (MVCB), 1275 First Street, NE., Washington, DC 
20417, telephone (202) 501-4755. Please cite OMB Control No. 9000-0057, 
Evaluation of Export Offers in all correspondence.

    Dated: October 31, 2012.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2012-27238 Filed 11-6-12; 8:45 am]
BILLING CODE 6820-EP-P