[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56587-56588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22811]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (``OMB'') for 
review, as required by the Paperwork Reduction Act. The Federal Trade 
Commission (``FTC'' or ``Commission'') is seeking public comments on 
its proposal to extend through October 31, 2011, the current OMB 
clearance for the information collection requirements contained in its 
Amplifier Rule. That clearance expires on October 31, 2008.

DATES: Comments must be filed by October 29, 2008.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Amplifier Rule: FTC File No. P974222'' to 
facilitate the organization of comments. A comment filed in paper form 
should include this reference both in the text and on the envelope and 
should be mailed or delivered to the following address: Federal Trade 
Commission/Office of the Secretary, Room H-135, Annex J, 600 
Pennsylvania Ave., NW, Washington, DC 20580. The FTC is requesting that 
any comment filed in paper form be sent by courier or overnight 
service, if possible, because U.S. postal mail in the Washington area 
and at the Commission is subject to delay due to heightened security 
precautions. Moreover, because paper mail in the Washington area and at 
the Agency is subject to delay, please consider submitting your 
comments in electronic form, as prescribed below. If, however, the 
comment contains any material for which confidential treatment is 
requested, it must be filed in paper form, and the first page of the 
document must be clearly labeled ``Confidential.''\1\
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    \1\ FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c).
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    Comments filed in electronic form should be submitted via the 
following weblink: (https://secure.commentworks.com/ftc-AmplifierRule) 
(and following the instructions on the web-based form). To ensure that 
the Commission considers an electronic comment, you must file it on the 
web-based form at the weblink: (https://secure.commentworks.com/ftc-AmplifierRule). If this notice appears at www.regulations.gov, you may 
also file an electronic comment through that website. The Commission 
will consider all comments that regulations.gov forwards to it.
    Comments should also be submitted to: Office of Management and 
Budget, Attention: Desk Officer for the Federal Trade Commission. 
Comments should be submitted via facsimile to (202) 395-6974 because 
U.S. Postal Mail is subject

[[Page 56588]]

to lengthy delays due to heightened security precautions.
    The FTC Act and other laws 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, whether filed in paper or electronic 
form. Comments received will be available to the public on the FTC 
website, to the extent practicable, at www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC website. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy at (http://www.ftc.gov/ftc/privacy.shtm).

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Jock K. Chung, Attorney, Division of 
Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 
NJ-2122, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580, (202) 
326-2984.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act (``PRA''), 
44 U.S.C. 3501-3520, federal agencies must obtain approval from OMB for 
each collection of information they conduct or sponsor. On June 18, 
2008, the FTC sought comment on the information collection requirements 
pertaining to the Commission's Amplifier Rule (OMB Control Number 3084-
0105).\2\ No comments were received. Pursuant to the OMB regulations 
that implement the PRA (5 CFR Part 1320), the FTC is providing this 
second opportunity for public comment while seeking OMB approval to 
extend the existing paperwork clearance for the Commission's Amplifier 
Rule. All comments should be filed as prescribed in the ADDRESSES 
section above, and must be received on or before October 29, 2008.
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    \2\ 73 FR 34750.
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    The Amplifier Rule assists consumers by standardizing the 
measurement and disclosure of power output and other performance 
characteristics of amplifiers in stereos and other home entertainment 
equipment. The Rule also specifies the test conditions necessary to 
make the disclosures that the Rule requires.
    Estimated annual hours burden: 450 hours (300 testing-related 
hours; 150 disclosure-related hours).
    The Rule's provisions require affected entities to test the power 
output of amplifiers in accordance with a specified FTC protocol. The 
Commission staff estimates that approximately 300 new amplifiers and 
receivers come on the market each year. High fidelity manufacturers 
routinely conduct performance tests on these new products prior to 
sale. Because manufacturers conduct such tests, the Rule imposes no 
additional costs except to the extent that the FTC protocol is more 
time-consuming than alternative testing procedures. In this regard, a 
warm-up (``precondition'') period that the Rule requires before 
measurements are taken may add approximately one hour to the time 
testing would otherwise entail. Thus, staff estimates that the Rule 
imposes approximately 300 hours (1 hour x 300 new products) of added 
testing burden annually.
    In addition, the Rule requires disclosures if a manufacturer makes 
a power output claim for a covered product in an advertisement, 
specification sheet, or product brochure. This requirement does not 
impose any additional costs on manufacturers because, absent the Rule, 
media advertisements, as well as manufacturer specification sheets and 
product brochures, would contain a power specification obtained using 
an alternative to the Rule-required testing protocol. The Rule, 
however, also requires disclosure of harmonic distortion, power 
bandwidth, and impedance ratings in manufacturer specification sheets 
and product brochures that might not otherwise be included.
    Staff assumes that manufacturers produce one specification sheet 
and one brochure each year for each new amplifier and receiver. The 
burden of disclosing the harmonic distortion, bandwidth, and impedance 
information on the specification sheets and brochures is limited to the 
time needed to draft and review the language pertaining to the 
aforementioned specifications. Staff estimates the time involved for 
this task to be a maximum of fifteen minutes for each new specification 
sheet and brochure for a total of 150 hours ([300 new products x 1 
specification sheet) + (300 new products x 1 brochure)] x 15 minutes).
    The total annual burden imposed by the Rule, therefore, is 
approximately 450 burden hours for testing and disclosures.
    Estimated annual cost burden: $19,000, rounded to the nearest 
thousand.\3\
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    \3\ Staff's labor cost estimates are based on recent data from 
the Bureau of Labor and Statistics found here: (http://www.bls.gov/news.release/pdf/ocwage.pdf).
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    Generally, electronics engineers perform the testing of amplifiers 
and receivers. Staff estimates a labor cost of $12,300 for such testing 
(300 hours for testing x $41 per hour). Staff assumes advertising or 
promotions managers prepare the disclosures contained in product 
brochures and manufacturer specification sheet and estimates a labor 
cost of $6,600 (150 hours for disclosures x $44 per hour). Accordingly, 
staff estimates the total labor costs associated with the Rule to be 
approximately $19,000 per year, rounded to the nearest thousand 
($12,300 for testing + $6,600 for disclosures).
    The Rule imposes no capital or other non-labor costs because its 
requirements are incidental to testing and advertising done in the 
ordinary course of business.

William Blumenthal,
General Counsel.
[FR Doc. E8-22811 Filed 9-26-08: 8:45 am]
[BILLING CODE 6750-01-S]