Agency Information Collection Activities; Proposed Collection; Comment Request, 47461-47463 [2014-19092]
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Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Notices
must be received not later than August
28, 2014.
A. Federal Reserve Bank of
Philadelphia (William Lang, Senior Vice
President) 100 North 6th Street,
Philadelphia, Pennsylvania 19105–
1521:
1. Red Mountain Partners, L.P., RMCP
GP, LLC, Red Mountain Capital Partners
LLC, Red Mountain Capital
Management, Inc., Willem Mesdag, and
Christopher Teets, collectively, to
acquire voting shares of Marlin Business
Services Corp., Mount Laurel, New
Jersey, and thereby indirectly acquire
voting shares of Marlin Business Bank,
Salt Lake City, Utah.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. NEB Corporation, Fond du Lac,
Wisconsin; to acquire 100 percent of the
voting shares of InvestorsBank,
Waukesha, Wisconsin.
documentation should be addressed to
Hampton Newsome, Attorney, Division
of Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
Mail Code CC–9528, 600 Pennsylvania
Ave. NW., Washington, DC 20580, (202)
326–2889.
SUPPLEMENTARY INFORMATION:
Board of Governors of the Federal Reserve
System, August 8, 2014.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
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 R-value Rule, 16 CFR Part
460 (OMB Control Number 3084–0109).
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. All
comments must be received on or before
October 14, 2014.
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.
[FR Doc. 2014–19123 Filed 8–12–14; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
Board of Governors of the Federal Reserve
System, August 8, 2014.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
Agency Information Collection
Activities; Proposed Collection;
Comment Request
[FR Doc. 2014–19122 Filed 8–12–14; 8:45 am]
AGENCY:
Federal Trade Commission
(FTC or Commission).
ACTION: Notice.
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
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The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications will also be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than September 8,
2014.
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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 seeks public
comments on its proposal to extend
through December 31, 2017, the current
PRA clearance for information
collection requirements contained in its
Trade Regulation Rule entitled Labeling
and Advertising of Home Insulation (Rvalue Rule or Rule). That clearance
expires on December 31, 2014.
DATES: Comments must be received on
or before October 14, 2014.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the instructions in the
Request for Comments 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/
rvaluerulepra1 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,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Requests for copies of the collection of
information and supporting
SUMMARY:
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
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R-value Rule Burden Statement
Estimated annual hours burden:
129,656 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
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47462
Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Notices
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 two 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
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
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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
7,700 hours (an estimated 924,000 new
home sales per year 1 × 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.
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 129,656 burden
1 See Table Q1 on housing starts for single family
and multiple units for 2013 at https://
www.census.gov/construction/nrc/pdf/quarterly_
starts_completions.pdf.
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hours, as follows: 150 recordkeeping
and 3,390 testing and disclosure hours
for manufacturers; 134 recordkeeping
and 68,282 disclosure hours for
installers; 7,700 disclosure hours for
new home sellers; and 50,000 disclosure
hours for retailers. The estimated total
burden is approximately 129,656
burden hours.
Estimated annual cost burden:
$2,571,000 (solely related to labor
costs and rounded to the nearest
thousand).
The total annual labor cost for the
Rule’s information collection
requirements is approximately
$2,571,000, derived as follows:
Approximately $810 for testing, based
on 30 hours for manufacturers (30 hours
× $27 per hour for skilled technical
personnel); $3,976 for manufacturers’
and installers’ compliance with the
Rule’s recordkeeping requirements,
based on 284 hours (284 hours × $14 per
hour for clerical personnel); $47,040 for
manufacturers’ compliance with thirdparty disclosure requirements, based on
3,360 hours (3,360 hours × $14 per hour
for clerical personnel); and $2,519,640
for disclosure compliance by installers,
new home sellers, and retailers (125,982
hours × $20 per hour for sales persons).2
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.
Request for Comments
You can file a comment online or on
paper. Write ‘‘R-value Rule: FTC File
No. R811001’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the public
Commission Web site, at https://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the
Commission tries to remove individuals’
home contact information from
comments before placing them on the
Commission Web site.
2 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 Occupational
Employment Statistics Survey.
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Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Notices
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 a 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 any comment
does not include sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which is . . .
privileged or confidential,’’ as discussed
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, do not 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 must follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).3 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/
rvaluerulepra1 by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov, you also may file
a comment through that Web site.
If you file your comment on paper,
write ‘‘R-value Rule: FTC File No.
R811001’’ on your comment and on the
envelope, and mail or deliver it to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
3 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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18:15 Aug 12, 2014
Jkt 232001
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
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 14, 2014. 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.
David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2014–19092 Filed 8–12–14; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
AGENCY:
The FTC seeks public
comments on proposed information
requests by compulsory process to a
combined ten or more of the largest
cigarette manufacturers and smokeless
tobacco manufacturers. The information
sought would include, among other
things, data on manufacturer annual
sales and marketing expenditures. The
current FTC clearance from the Office of
Management and Budget (‘‘OMB’’) to
conduct such information collection
expires January 31, 2015. The
Commission intends to ask OMB for
renewed three-year clearance to collect
this information.
DATES: Comments on the proposed
information requests must be received
on or before October 14, 2014.
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: ‘‘Tobacco Reports:
Paperwork Comment, FTC File No.
P054507’’ on your comment, and file the
comment online at https://
ftcpublic.commentworks.com/ftc/
tobaccoreportspra 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
SUMMARY:
PO 00000
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47463
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed collection of
information should be addressed to
Shira Modell, Division of Advertising
Practices, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Avenue NW.,
Mailstop CC–10507, Washington, DC
20580. Telephone: (202) 326–3116.
SUPPLEMENTARY INFORMATION: For over
forty-five years, the FTC has published
periodic reports containing data on
domestic cigarette sales and marketing
expenditures by the major U.S. cigarette
manufacturers. The Commission has
published comparable reports on
smokeless tobacco sales and marketing
expenditures for over twenty-five years.
Originally, both reports were issued
pursuant to statutory mandates. After
those statutory mandates were
terminated, the Commission continued
to collect and publish information
obtained from the cigarette and
smokeless tobacco industries pursuant
to Section 6(b) of the FTC Act, 15 U.S.C.
46(b). As noted above, the current PRA
clearance to collect this information is
valid through January 31, 2015 (OMB
Control No. 3084–0134).
The Commission plans to continue
sending information requests annually
to the ultimate parent company of
several of the largest cigarette
companies and smokeless tobacco
companies in the United States
(‘‘industry members’’). The information
requests will seek data regarding, inter
alia: (1) The tobacco sales of industry
members; (2) how much industry
members spend advertising and
promoting their tobacco products, and
the specific amounts spent in each of a
number of specified expenditure
categories; (3) whether industry
members are involved in the appearance
of their products or brand imagery in
television shows, motion pictures, on
the Internet, or on social media; (4) how
much industry members spend on
advertising intended to reduce youth
tobacco usage; (5) the events, if any,
during which industry members’
tobacco brands are televised; and (6) for
the cigarette industry, the ‘‘tar’’,
nicotine, and carbon monoxide yields of
their cigarettes. The information will
again be sought using compulsory
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Agencies
[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Notices]
[Pages 47461-47463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19092]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission (FTC or 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 seeks public
comments on its proposal to extend through December 31, 2017, the
current PRA clearance for information collection requirements contained
in its Trade Regulation Rule entitled Labeling and Advertising of Home
Insulation (R-value Rule or Rule). That clearance expires on December
31, 2014.
DATES: Comments must be received on or before October 14, 2014.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comments 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/rvaluerulepra1 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, 600 Pennsylvania
Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, or deliver
your comment to the following address: Federal Trade Commission, Office
of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor,
Suite 5610 (Annex J), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Requests for copies of the collection
of information and supporting documentation should be addressed to
Hampton Newsome, Attorney, Division of Enforcement, Bureau of Consumer
Protection, Federal Trade Commission, Mail Code CC-9528, 600
Pennsylvania Ave. NW., Washington, DC 20580, (202) 326-2889.
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 R-
value Rule, 16 CFR Part 460 (OMB Control Number 3084-0109).
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. All comments must be received on or before October 14,
2014.
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.
R-value Rule Burden Statement
Estimated annual hours burden: 129,656 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
[[Page 47462]]
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 two 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 7,700 hours (an estimated 924,000
new home sales per year \1\ 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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\1\ See Table Q1 on housing starts for single family and
multiple units for 2013 at https://www.census.gov/construction/nrc/pdf/quarterly_starts_completions.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
129,656 burden hours, as follows: 150 recordkeeping and 3,390 testing
and disclosure hours for manufacturers; 134 recordkeeping and 68,282
disclosure hours for installers; 7,700 disclosure hours for new home
sellers; and 50,000 disclosure hours for retailers. The estimated total
burden is approximately 129,656 burden hours.
Estimated annual cost burden:
$2,571,000 (solely related to labor costs and rounded to the
nearest thousand).
The total annual labor cost for the Rule's information collection
requirements is approximately $2,571,000, derived as follows:
Approximately $810 for testing, based on 30 hours for manufacturers (30
hours x $27 per hour for skilled technical personnel); $3,976 for
manufacturers' and installers' compliance with the Rule's recordkeeping
requirements, based on 284 hours (284 hours x $14 per hour for clerical
personnel); $47,040 for manufacturers' compliance with third-party
disclosure requirements, based on 3,360 hours (3,360 hours x $14 per
hour for clerical personnel); and $2,519,640 for disclosure compliance
by installers, new home sellers, and retailers (125,982 hours x $20 per
hour for sales persons).\2\
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\2\ 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 Occupational Employment
Statistics Survey.
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There are no significant current capital or other non-labor costs
associated with this Rule. Because the Rule has been in effect since
1980, members of the industry are familiar with its requirements and
already have in place the equipment for conducting tests and storing
records. New products are introduced infrequently. Because the required
disclosures are placed on packaging or on the product itself, the
Rule's additional disclosure requirements do not cause industry members
to incur any significant additional non-labor associated costs.
Request for Comments
You can file a comment online or on paper. Write ``R-value Rule:
FTC File No. R811001'' on your comment. Your comment--including your
name and your state--will be placed on the public record of this
proceeding, including, to the extent practicable, on the public
Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a
matter of discretion, the Commission tries to remove individuals' home
contact information from comments before placing them on the Commission
Web site.
[[Page 47463]]
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 a 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 any comment does not include sensitive health
information, like medical records or other individually identifiable
health information. In addition, do not include any ``[t]rade secret or
any commercial or financial information which is . . . privileged or
confidential,'' as discussed 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, do
not 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 must follow the procedure explained in
FTC Rule 4.9(c), 16 CFR 4.9(c).\3\ 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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\3\ 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, 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/rvaluerulepra1 by following the
instructions on the web-based form. If this Notice appears at https://www.regulations.gov, you also may file a comment through that Web site.
If you file your comment on paper, write ``R-value Rule: FTC File
No. R811001'' on your comment and on the envelope, and mail or deliver
it to the following address: Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC
20024. If possible, submit your paper comment to the Commission by
courier or overnight service.
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 14,
2014. 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.
David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2014-19092 Filed 8-12-14; 8:45 am]
BILLING CODE 6750-01-P