[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47207-47209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21882]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (OMB) for review, 
as required by the Paperwork Reduction Act (PRA). The FTC seeks public 
comments on its proposal to extend, for three years, 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).

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That clearance expires on January 31, 2018.

DATES: Comments must be submitted by December 11, 2017.

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 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 additional information 
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: Under the PRA, 44 U.S.C. 3501-3521, federal 
agencies must obtain approval from OMB for each collection of 
information they conduct or sponsor. ``Collection of information'' 
means agency requests or requirements that members of the public submit 
reports, keep records, or provide information to a third party. 44 
U.S.C. 3502(3); 5 CFR 1320.3(c). 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 clearance for the 
information collection requirements contained in 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, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    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: 131,740 hours.
    The Rule's requirements include product testing, recordkeeping, and 
third-party disclosures on labels, fact sheets, advertisements, and 
other promotional materials. Based on information provided by members 
of the insulation industry, staff estimates that the Rule affects: (1) 
150 insulation manufacturers and their testing laboratories; (2) 1,615 
installers who sell home insulation; (3) 125,000 new home builders/
sellers of site-built homes and approximately 5,500 dealers who sell 
manufactured housing; and (4) 25,000 retail sellers who sell home 
insulation for installation by consumers.
    Under the Rule's testing requirements, manufacturers must test each 
insulation product for its R-value. Based on past industry input, staff 
estimates that the test takes approximately 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 135 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 9,783 hours (an estimated 
1,174,000 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 3b on housing starts for privately owned units for 
2016 at https://www.census.gov/construction/nrc/pdf/newresconst_201706.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

[[Page 47209]]

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 
131,740 burden hours, as follows: 150 recordkeeping and 3,390 testing 
and disclosure hours for manufacturers; 135 recordkeeping and 68,282 
disclosure hours for installers; 9,783 disclosure hours for new home 
sellers; and 50,000 disclosure hours for retailers. The estimated total 
burden is approximately 131,740 burden hours.
    Estimated annual cost burden: $2,616,943 (solely related to labor 
costs).
    The total annual labor cost for the Rule's information collection 
requirements is approximately $2,616,943, derived as follows: 
Approximately $858 for testing, based on 30 hours for manufacturers (30 
hours x $28.61 per hour for skilled technical personnel); $4,284 for 
manufacturers' and installers' compliance with the Rule's recordkeeping 
requirements, based on 285 hours (285 hours x $15.03 per hour for 
clerical personnel); $50,501 for manufacturers' compliance with third-
party disclosure requirements, based on 3,360 hours (3,360 hours x 
$15.03 per hour for clerical personnel); and $2,561,300 for disclosure 
compliance by installers, new home sellers, and retailers (128,065 
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 Comment

    You can file a comment online or on paper. December 11, 2017. 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/policy/public-comments. 
Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/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 your 
comment to the following address: Federal Trade Commission, Office of 
the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex C), 
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, Washington, DC 20024. If 
possible, submit your paper comment to the Commission by courier or 
overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at www.ftc.gov, you are solely responsible for making sure 
that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else'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, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
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)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the public FTC Web site--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC Web site, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the Commission Web site at https://www.ftc.gov to read this 
Notice. 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 December 11, 
2017. You can find more information, including routine uses permitted 
by the Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-21882 Filed 10-10-17; 8:45 am]
BILLING CODE 6750-01-P