[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54324-54328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26034]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Extension

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: The proposed 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) is soliciting public comments on proposed 
extensions of Paperwork Reduction Act (PRA) clearance for information 
collection requirements associated with six current rules enforced by 
the Commission. These clearances expire on December 31, 1999. The FTC 
has requested that OMB extend the paperwork clearances through December 
31, 2002.

DATES: Comments must be filed by December 6, 1999.

ADDRESSES: Send written comments to Gary M. Greenfield, Attorney, 
Office of the General Counsel, Federal Trade Commission, Washington, DC 
20580, 202-326-2753. All comments should be identified as responding to 
this notice.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the proposed information requirements should be addressed to 
Gary M. Greenfield at the address listed above.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501-3520), 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 paperwork clearance for the regulations noted herein.
    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

[[Page 54325]]

technology, e.g., permitting electronic submission of responses.
    The relevant information collection requirements are as follows:

1. The Fuel Rating Rule, 16 CFR part 306 (Control Number: 3084-
0068)

    The Fuel Rating Rule establishes standard procedures for 
determining, certifying, and disclosing the octane rating of automotive 
gasoline and the automotive fuel rating of alternative liquid 
automotive fuel, as required by the Petroleum Marketing Practices Act. 
15 U.S.C. 2822(a)-(c). The Rule also requires refiners, producers, 
importers, distributors, and retailers to retain records showing how 
the ratings were determined, including delivery tickets or letters of 
certification.
    Estimated annual hours burden: 46,500 total burden hours (20,500 
recordkeeping hours + 26,000 disclosure hours).
    Recordkeeping: Based on industry sources, staff estimates that 
205,000 fuel industry members incur an average annual burden of 
approximately one-tenth of an hour to ensure retention of relevant 
business records for the period required by the rule, resulting in a 
total of 20,500 hours.
    Disclosure: Staff estimates that affected industry members incur an 
average burden of approximately one hour to produce, distribute, and 
post octane rating labels. Because the labels are durable, only about 
one of every eight industry members (i.e., approximately 26,000 of 
205,000 industry members) incur this burden each year, resulting in a 
total annual burden of 26,000 hours.
    Estimated annual cost burden: $749,000, rounded ($697,500 in labor 
costs and $51,300 in non-labor costs).
    Labor costs: Staff estimates that the work associated with the 
Rule's recordkeeping and disclosure requirement is performed by skilled 
clerical employees at an average rate of $15.00 per hour. Thus, the 
annual labor cost to respondents of complying with the recordkeeping 
and disclosure requirements of the Fuel Rating Rule is estimated to be 
$697,500 ((20,500 hours + 26,000 hours)  x  $15.00 per hour).
    Capital or other non-labor costs: Staff believes that there are no 
current start-up costs associated with the Rule. Because the Rule has 
been effective since 1979 for gasoline, and since 1993 for liquid 
alternative automotive fuels, industry members should already have in 
place the capital equipment and other means necessary to comply with 
the Rule. Industry members do, however, incur the cost of procuring 
fuel dispenser labels to comply with the Rule. Based on estimates of 
1,080,000 fuel dispensers (180,000 retailers  x  an average of six 
dispensers per retailer) and a cost of thirty-eight cents each (per 
industry sources) for labels that last for eight years, the total 
annual labeling cost is estimated to be $51,300.

2. Regulations Under the Fur Products Labeling Act, 15 U.S.C. 69 et 
seq. (``Fur Act'') (Control Number: 3084-0099)

    The Fur Act prohibits misbranding and false advertising of fur 
products. The Fur Products Regulations, 16 CFR 301 (``Fur 
Regulations''), establish disclosure requirements that assist consumers 
in making informed purchasing decisions, and recordkeeping requirements 
that assist the Commission in enforcing these regulations. The Fur 
Regulations also provide a procedure for exemption from certain 
disclosure provisions under the Act.
    Estimated annual hours burden: 150,000 hours, rounded (70,200 hours 
for recordkeeping + 79,450 hours for disclosure).
    Recordkeeping: The Fur Regulations require that retailers, 
manufacturers and processors, and importers keep records in addition to 
those they may keep in the ordinary course of business Staff estimates 
that 1,500 retailers incur an average recordkeeping burden of about 13 
hours per year (19,500 hours total); 225 manufacturers and fur 
processors incur an average recordkeeping burden of about 52 hours per 
year (11,700 total); and 1,500 importers of furs and fur products incur 
an average recordkeeping burden of 26 hours per year (39,000 hours 
total).\1\ The combined recordkeeping burden for the industry is 
approximately 70,200 hours annually.
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    \1\ For many of these importers, fur products probably would 
constitute only a small portion of their import business.
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    Disclosure: Staff estimates that 1,710 respondents (210 
manufacturers + 1,500 retail sellers of fur garments) each require an 
average of 20 hours per year to determine label content (34,200 hours 
total), and an average of five hours per year to draft and order labels 
(8,550 hours total). Staff estimates that manually attaching a label to 
an estimated 785,000 fur garments requires approximately two minutes 
per garment for an approximate total of 26,200 hours annually. Thus, 
the total burden for labeling garments is 68,950 hours per year.
    Staff estimates that the incremental burden associated with the Fur 
Regulations' invoice disclosure requirement, beyond the time that would 
be devoted to preparing invoices in the absence of the Fur Regulations, 
is approximately 30 seconds per invoice.\2\ 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 
785,000 garments, 150,000 groups of imported pelts (7.5 million pelts 
 50) and 150,000 groups of domestic pelts, the invoice 
disclosure requirement entails a total burden of approximately 9,000 
hours, rounded.
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    \2\ The invoicing burden for PRA purposes excludes the time 
that, absent the Fur Act regulations, respondents would still spend 
for invoicing in the ordinary course of business. See 5 CFR 
Sec. 1320.3(b)(2).
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    Staff estimates that the Fur Regulations' advertising disclosure 
requirements impose an average burden of one hour per year for each of 
the approximately 1,500 domestic fur retailers, or a total of 1,500 
hours.
    Thus, staff estimates the total disclosure burden to be 
approximately 79,450 hours (68,950 hours for labeling + 9,000 hours for 
invoices + 1,500 hours for advertising).
    Estimated annual cost burden: $1,611,000, rounded (solely relating 
to labor costs).
    Staff estimates the annual labor cost burden based on the following 
computations using labor cost rates based on information from the 
Department of Labor and the American Apparel Manufacturers Association:

------------------------------------------------------------------------
                                        Hourly      Burden
                Task                     rate        hours    Labor cost
------------------------------------------------------------------------
Determine label content.............      $15.00      34,200    $513,000
Draft and order labels..............        9.00       8,550      76,950
Attach labels.......................        8.00      26,200     209,600
Invoice disclosures.................       10.00       9,000      90,000
Prepare advertising disclosures.....       15.00       1,500      22,500

[[Page 54326]]

 
Recordkeeping.......................       10.00      70,200     702,000
                                     -----------------------------------
      Total.........................  ..........  ..........   1,610,850
------------------------------------------------------------------------

    Staff believes that there are no current start-up costs or other 
capital costs associated with the Fur Regulations. 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 Fur Regulations. Industry sources indicate 
that much of the information required by the Fur Act and its 
implementing rules would be included on the product label even absent 
the Fur Regulations. 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-labor costs as a result of the Act.

3. Regulations Under the Wool Products Labeling Act, 5 U.S.C. 68 et 
seq. (``Wool Act'') (Control Number: 3084-0100)

    The Wool Act prohibits misbranding of wool products. The Wool Act 
Regulations, 16 CFR 300 (``Wool Regulations''), establish disclosure 
requirements that assist consumers in making informed purchasing 
decisions and recordkeeping requirements that assist the Commission in 
enforcing the Regulations.
    Estimated annual hours burden: 1,236,000 hours (375,000 
recordkeeping hours + 861,000 disclosure hours).
    Recordkeeping: Based on Bureau of Census data and other 
information, staff estimates that approximately 15,000 wool firms are 
subject to the Wool Regulations' recordkeeping requirements. Based on 
an average burden of 25 hours per firm, the total recordkeeping burden 
is 375,000 hours.
    Disclosure: Approximately 20,000 wool firms, producing or importing 
about one billion wool products annually, are subject to the Wool 
Regulations' disclosure requirements. Staff estimates the burden of 
determining label content to be 20 hours per year per respondent, or a 
total of 400,000 hours, and the burden of drafting and ordering labels 
to be 5 hours per respondent per year, or a total of 100,000 hours. 
Staff estimates that the process of attaching labels is now fully 
automated and integrated into other production steps for about 35 
percent of all affected garments. For the remaining 650,000,000 items 
(65 percent of one billion), the process is semi-automated and requires 
an average of approximately two seconds per item, for a total of 
361,111 hours per year. Thus, the total estimated annual burden for all 
respondents is 861,000 hours, rounded.
    Estimated annual cost burden: $13,539,000, rounded (solely relating 
to labor costs).
    Staff estimates the annual labor cost burden based on the following 
computations using labor cost rates based on information from the 
Department of Labor and the American Apparel Manufacturers Association:

------------------------------------------------------------------------
                                       Hourly      Burden
                Task                    rate        hours     Labor cost
------------------------------------------------------------------------
Determine label content............      $15.00     400,000   $6,000,000
Draft and order labels.............        9.00     100,000      900,000
Attach labels......................        8.00     361,111    2,888,888
Recordkeeping......................       10.00     375,000    3,750,000
                                    ------------------------------------
      Total........................  ..........  ..........   13,538,888
------------------------------------------------------------------------

    Staff believes that there are no current start-up costs or other 
capital costs associated with the Wool Regulations. 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 Wool Regulations. Based 
on knowledge of the industry, staff believes that much of the 
information required by the Wool Act and its implementing rules would 
be included on the product label even absent the Wool Regulations. 
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 Wool Regulations.

4. Regulations Under the Textile Fiber Products Identification Act, 
15 U.S.C. 70 et seq. (``Textile Act'' (Control Number: 3084-0101)

    The Textile Act prohibits misbranding and false advertising of 
textile fiber products. The Textile Act Regulations, 16 CFR part 303 
(``Textile Regulations''), establish disclosure requirements that 
assist consumers in making informed purchasing decisions, and 
recordkeeping requirements that assist the Commission in enforcing the 
Regulations. The Regulations also contain a petition procedure for 
requesting the establishment of generic names for textile fibers.
    Estimated annual hours burden: approximately 6,433,000 hours 
(725,000 recordkeeping hours + 5,708,000 disclosure hours).
    Recordkeeping: Based on Bureau of Census data and other 
information, staff estimates that approximately 29,000 textile firms 
are subject to the Textile Regulations' recordkeeping requirements. 
Based on an average burden of 25 hours per firm, the total 
recordkeeping burden is 725,000 hours.
    Disclosure: Approximately 39,000 textile firms, producing or 
importing about 13.1 billion textile fiber products annually, are 
subject to the Textile Regulations' disclosure requirements. Staff 
estimates the burden of determining label content to be 20 hours per 
year per respondent, or a total of 780,000 hours and the burden of 
drafting and ordering labels to be 5 hours per respondent per year, or 
a total of 195,000 hours. Staff estimates that the process of attaching 
labels is now fully automated and integrated into other production 
steps for about 35 percent of all affected garments. For the remaining 
8.52 billion items (65 percent of 13.1

[[Page 54327]]

billion), the process is semi-automated and requires an average of 
approximately two seconds per item, for a total of 4,732,860 hours per 
year. Thus, the total estimated annual burden for all respondents is 
5,708,000 hours, rounded.
    Estimated annual cost burden: $58,568,000, rounded (solely relating 
to labor costs).
    Staff estimates the annual labor cost burden based on the following 
computations using labor cost rates based on information from the 
Department of Labor and the American Apparel Manufacturers Association:

------------------------------------------------------------------------
                                       Hourly      Burden
                Task                    rate        hours     Labor cost
------------------------------------------------------------------------
Determine label content............      $15.00     780,000  $11,700,000
Draft and order labels.............        9.00     195,000    1,755,000
Attach labels......................        8.00   4,732,860   37,862,880
Recordkeeping......................       10.00     725,000    7,250,000
                                    ------------------------------------
      Total........................  ..........  ..........   58,567,880
------------------------------------------------------------------------

    Staff believes that there are no current start-up costs or other 
capital costs associated with the Textile Regulations. 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 Textile Regulations. 
Industry sources indicate that much of the information required by the 
Textile Act and its implementing rules would be included on the product 
label even absent the Textile Regulations. 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-labor costs as a result of the Textile 
Regulations.

5. The Care Labeling Rule, 16 CFR Part 423 (Control Number: 3084-
0103)

    The Care Labeling Rule, 16 CFR part 423, 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: 5,449,000 hours, rounded (solely 
relating to disclosure).\3\
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    \3\ The Care Labeling Rule imposes no specific recorkeeping 
requirements. Although the Rule requires manufacturers and importers 
to have reliable evidence that their products were successfully 
tested, companies may provide as support current technical 
literature or rely on past experience.
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    Based on Bureau of Census data and other information, staff 
estimates that approximately 24,000 manufacturers of textile apparel, 
producing about 12.1 billion textile garments annually, are subject to 
the Care Labeling Rule 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 label content to be 43 hours 
per year per respondent, or a total of 1,032,000 hours and the burden 
of drafting and ordering labels to be 2 hours per respondent per year, 
or a total of 48,000 hours. Staff estimates that the process of 
attaching labels is now fully automated and integrated into other 
production steps for about 35 percent of all affected garments. For the 
remaining 7,865 billion items (65 percent of 12.1 billion), the process 
is semi-automated and requires an average of approximately two seconds 
per item, for a total of 4,369,444 hours per year. Thus, the total 
estimated annual burden for all respondents is 5,449,000 hours, 
rounded.
    Estimated annual cost burden: $51,000,000 (solely relating to labor 
costs). Staff estimates the annual labor cost burden based on the 
following computations using labor cost rates based on information from 
the Department of Labor and the American Apparel Manufacturers 
Association:

------------------------------------------------------------------------
                                       Hourly      Burden
                Task                    rate        hours     Labor cost
------------------------------------------------------------------------
Determine label content............      $15.00   1,032,000  $15,480,000
Draft and order labels.............        9.00      48,000      432,000
Attach labels......................        8.00   4,369,444   34,955,552
                                    ------------------------------------
      Total........................  ..........  ..........   50,867,552
------------------------------------------------------------------------

    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 Care Labeling Rule. 
Based on knowledge of the industry, staff believes that much of the 
information required by the Care Labeling Rule would be included on the 
product label even absent those requirements. 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-labor costs as a result of the Care 
Labeling Rule.

6. Regulations Under The Fair Packaging and Labeling Act, 15 U.S.C. 
1450 (``FPLA'') (Control Number: 3084-0110)

    The FPLA was enacted to eliminate consumer deception concerning 
product size representations and package content information. The 
Regulations that implement the FPLA, 16 CFR part 500, establish 
requirements for the manner and form of labeling applicable

[[Page 54328]]

to manufacturers, packagers, and distributors of consumer commodities. 
Section 4 of the FPLA specifically requires packages or labels to be 
marked with: (1) A statement of identity; (2) a net quantity of 
contents disclosure; and (3) the name and place of business of a 
company that is responsible for the product.
    Estimated annul hours burden: 12,000,000 total burden hours (solely 
relating to disclosure \4\).
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    \4\ Neither the FPLA nor the implementing regulations impose any 
specific recordkeeping requirements.
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    Staff estimates that approximately 1,200,000 manufacturers, 
packagers, distributors, and retailers of consumer commodities make 
disclosures at an average burden of ten hours per company, for a total 
disclosure burden of 12,000,000 hours.
    Estimated annual cost burden: $168,000,000 (solely relating to 
labor costs).
    The estimated annual labor cost burden associated with the FLPA 
disclosure requirements consists of the cost of one hour of managerial 
or professional time per covered entity (at an average cost of $50 per 
hour) and nine hours of clerical time per covered entity (at an average 
cost of $10), for a total of $168,000,000 ($140 per covered entity 
times 1.2 million entities).
    Total capital and start-up costs are de minimis. The packaging and 
labeling activities that require capital and start-up costs are 
independent of the FPLA, and would be performed by covered entities in 
the ordinary course of business regardless of the statute. Because FPLA 
requires that the information be placed on packages and labels, which 
firms provide in the ordinary course of business, there appear to be no 
additional operation, maintenance, or purchase of service costs.
Debra A. Valentine,
General Counsel.
[FR Doc. 99-26034 Filed 10-5-99; 8:45 am]
BILLING CODE 6750-01-M