Notice2021-11596
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 2, 2021
Issuing agencies
Federal Trade Commission
Abstract
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget (OMB) clearance for information collection requirements contained in the rules and regulations under the Fur Products Labeling Act (Fur Rules or Rules). That clearance expires on August 31, 2021.
Full Text
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<title>Federal Register, Volume 86 Issue 104 (Wednesday, June 2, 2021)</title>
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[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Notices]
[Pages 29581-29583]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11596]
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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: In accordance with the Paperwork Reduction Act of 1995 (PRA),
the Federal Trade Commission (FTC or Commission) is seeking public
comment on its proposal to extend for an additional three years the
Office of Management and Budget (OMB) clearance for information
collection requirements contained in the rules and regulations under
the Fur Products Labeling Act (Fur Rules or Rules). That clearance
expires on August 31, 2021.
DATES: Comments must be received on or before August 2, 2021.
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 ``Fur Rules; PRA
Comment: FTC File No. P072108'' on your comment, and file your comment
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: Jock K. Chung, Attorney, Division of
Enforcement, Bureau of Consumer Protection, Federal Trade Commission,
Mail Code CC-9528, 600 Pennsylvania Ave. NW, Washington, DC 20580,
(202) 326-2984.
SUPPLEMENTARY INFORMATION: Title: Rules and regulations under the Fur
Products Labeling Act, 16 CFR part 301.
OMB Control Number: 3084-0099.
Type of Review: Extension of a currently approved collection.
Likely Respondents: Retailers, manufacturers, processors, and
importers of furs and fur products.
Frequency of Response: Third party disclosure; recordkeeping
requirement.
Estimated Annual Hours Burden: 303,001 hours (50,100 hours for
recordkeeping + 252,901 hours for disclosure).
Recordkeeping: 50,100 hours [950 retailers incur an average
recordkeeping burden of about 18 hours per year (17,100 hours total);
75 manufacturers incur an average recordkeeping burden of about 60
hours per year (4,500 hours total); and 950 importers of furs and fur
products incur an average recordkeeping burden of 30 hours per year
(28,500 hours total)].
Disclosure: 252,901 hours [(214,834 hours for labeling + 67 hours
for invoices + 38,000 hours for advertising)].
Estimated annual cost burden: $5,194,259 (solely relating to labor
costs).
Abstract: The Fur Products Labeling Act (Fur Act) \1\ prohibits the
misbranding and false advertising of fur products. The Fur Rules
establish disclosure requirements that assist consumers in making
informed purchasing decisions, and recordkeeping requirements that
assist the Commission in enforcing the Rules. The Rules also provide a
procedure for exemption from certain disclosure provisions under the
Fur Act.
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\1\ 15 U.S.C. 69 et seq.
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As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), 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 Fur
Rules.
Burden Statement
Staff's burden estimates are based on data from the Department of
Labor's Bureau of Labor Statistics (BLS) and data or other input from
the Fur Industry Council of America. The relevant information
collection requirements in these rules and staff's corresponding burden
estimates follow. The estimates address the number of hours needed and
the labor costs incurred to comply with the requirements.
The Fur Products Labeling Act (Fur Act) \2\ prohibits the
misbranding and false advertising of fur products. The Fur Rules
establish disclosure requirements that assist consumers in making
informed purchasing decisions, and recordkeeping requirements that
assist the Commission in enforcing the Rules. The Rules also provide a
procedure for exemption from certain disclosure provisions under the
Fur Act.
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\2\ 15 U.S.C. 69 et seq.
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Estimated annual hours burden: 303,001 hours (50,100 hours for
recordkeeping + 252,901 hours for disclosure).
Recordkeeping: The Fur Rules require that retailers, manufacturers,
processors,
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and importers of furs and fur products keep certain records in addition
to those they may keep in the ordinary course of business. Staff
estimates that 950 retailers incur an average recordkeeping burden of
about 18 hours per year (17,100 hours total); 75 manufacturers incur an
average recordkeeping burden of about 60 hours per year (4,500 hours
total); and 950 importers of furs and fur products incur an average
recordkeeping burden of 30 hours per year (28,500 hours total). The
combined recordkeeping burden for the industry is approximately 50,100
hours annually.
Disclosure: Staff estimates that 1,025 respondents (75
manufacturers + 950 retail sellers of fur garments) each require an
average of 30 hours per year to determine label content (30,750 hours
total), and an average of 30 hours per year to draft and order labels
(30,750 hours total). Staff estimates that the total number of garments
subject to the fur labeling requirements annually is approximately
3,680,000.\3\ Staff estimates that for approximately 50 percent of
these garments (1,840,000) labels are attached manually, requiring
approximately four minutes per garment for a total of 122,667 hours
annually. For the remaining 1,840,000, the process of attaching labels
is semi-automated and requires an average of approximately one minute
per item, for a total of 30,667 hours. Thus, the total burden for
attaching labels is 153,334 hours, and the total burden for labeling
garments is 61,500 hours per year (30,750 hours to determine label
content + 30,750 hours to draft and order labels).
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\3\ The total number of imported fur garments, fur-trimmed
garments, and fur accessories is estimated to be approximately
3,500,000 based on industry data. Estimated domestic production
totals 180,000.
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Staff estimates that the incremental burden associated with the Fur
Rules' invoice disclosure requirement, beyond the time that would be
devoted to preparing invoices in the absence of the Rules, is
approximately one minute per invoice for pelts.\4\ The invoice
disclosure requirement applies to fur pelts, which are generally sold
in groups of at least 1100, on average. Based on information from the
Fur Industry Council of America, staff estimates total sales of
4,450,000 pelts annually. Thus, the invoice disclosure requirement
entails an estimated total burden of 67 hours (4,046 total invoices x
one minute).
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\4\ The invoice disclosure burden for PRA purposes excludes the
time that respondents would spend for invoicing, apart from the Fur
Rules, in the ordinary course of business. See 5 CFR 1320.3(b)(2).
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Staff estimates that the Fur Rules' advertising disclosure
requirements impose an average burden of 40 hours per year for each of
the approximately 950 domestic fur retailers, or a total of 38,000
hours.
Thus, staff estimates the total disclosure burden to be
approximately 252,901 hours.
Estimated annual cost burden: $5,194,259 (solely relating to labor
costs). The chart below summarizes the total estimated costs.
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Task Hourly rate Burden hours Labor cost
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Determine label content......................................... $30.00 30,750 $922,500
Draft and order labels.......................................... 19.00 30,750 584,250
Attach labels................................................... \5\ 13.00 122,667 1,594,671
Invoice disclosures............................................. 14.00 67 938
Prepare advertising disclosures................................. 30.00 38,000 1,140,000
Recordkeeping................................................... 18.00 50,100 951,900
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Total....................................................... .............. .............. 5,194,259
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Staff believes that there are no current start-up costs or other
capital costs associated with the Fur Rules. 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 Rules' labeling requirements. Industry sources indicate
that much of the information required by the Fur Act and Rules would be
included on the product label even absent the Rules. 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 or the Rules.
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\5\ Per industry sources, most fur labeling is done in the
United States. This rate is reflective of an average domestic hourly
wage for such tasks performed in the United States, which is derived
from recent BLS statistics.
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Request for Comments
Pursuant to Section 3506(c)(2)(A) of the PRA, 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 maintaining records and providing disclosures to
consumers. All comments must be received on or before August 2, 2021.
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before August 2, 2021. Write
``Fur Rules; PRA Comment: FTC File No. P072108'' on your comment. Your
comment--including your name and your state--will be placed on the
public record of this proceeding, including the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Due to the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We encourage you
to submit your comments online through the <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website.
If you prefer to file your comment on paper, write ``Fur Rules; PRA
Comment: FTC File No. P072108'' 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 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.
Because your comment will become publicly available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, you are solely responsible for making sure that
your comment does not include any sensitive or confidential
information. In
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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 publicly at <a href="http://www.regulations.gov">www.regulations.gov</a>, we cannot redact or remove
your comment 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.
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 August 2,
2021. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021-11596 Filed 6-1-21; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on June 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.