83 FR 2156 - Agency Information Collection Activities; Proposed Collection; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2156-2158
FR Document		2018-00538

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 clearances for information collection requirements contained in the Care Labeling of Textile Wearing Apparel and Certain Piece Goods As Amended (Care Labeling Rule). The clearance expires on April 30, 2018.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2156-2158]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-00538]

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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
clearances for information collection requirements contained in the
Care Labeling of Textile Wearing Apparel and Certain Piece Goods As
Amended (Care Labeling Rule). The clearance expires on April 30, 2018.

DATES: Comments must be received on or before March 19, 2018.

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 ``Care Labeling Rule:
FTC File No. P072108'' on your comment, and file your comment online at
https://ftcpublic.commentworks.com/ftc/carelabelingrulepra1 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

[[Page 2157]]

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 Care Labeling of Textile
Wearing Apparel and Certain Piece Goods As Amended (Care Labeling
Rule), 16 CFR 423 (OMB Control Number 3084-0103).
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 March 19,
2018.

Burden Estimates

Staff's burden estimates are based on data from the Department of
Commerce's Bureau of the Census, the International Trade Commission,
the Department of Labor's Bureau of Labor Statistics (BLS), and data or
other input from the main industry association, the American Apparel
and Footwear Association (AAFA), and from SICCode.com, which
specializes in the business classification of SIC (Standard Industrial
Classification) and NAICS (North American Industry Classification
System) codes for business identification, verification, and targeting.
The AAFA, a national trade association which represents U.S. apparel,
footwear and other sewn products companies and their suppliers, has
stated that ``[t]he use of labels on textiles and apparels is
beneficial to consumers, manufacturers, and business in general as it
allows for the necessary flow of information along the supply chain.''
\1\ The relevant information collection requirements 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. Staff believes that a significant portion of hours and
labor costs currently attributable to burden below are time and
financial resources usually and customarily incurred by persons in the
course of their regular activity (e.g., industry participants already
have and/or would have care labels regardless of the rule) and could be
excluded from PRA-related burden.\2\
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\1\ Page one from comment by Kevin M. Burke, President and CEO,
American Apparel & Footwear Association, March 26, 2012, Advance
Notice of Proposed Rulemaking; Request for Public Comment; Rules and
Regulations under the Wool Products Labeling Act of 1939; 77 FR 4498
(Jan. 30, 2012).
\2\ 5 CFR 1320.3(b)(2).
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The Care Labeling Rule 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: 32,600,587 hours (solely relating to
disclosure \3\).
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\3\ The Care Labeling Rule imposes no specific recordkeeping
requirements. Although the Rule requires manufacturers and importers
to have reliable evidence to support the recommended care
instructions, companies rely on current technical literature or past
experience.
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Staff estimates that approximately 10,744 manufacturers or
importers of textile apparel, producing about 18.4 billion textile
garments annually, are subject to the Rule's 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 care
instructions to be 100 hours each year per firm, for a cumulative total
of 1,074,400 hours. Staff further estimates that the burden of drafting
and ordering labels is 80 hours each year per firm, for a total of
859,520 hours. Staff believes that the process of attaching labels is
fully automated and integrated into other production steps for about 40
percent of the approximately 18.4 billion garments that are required to
have care instructions on permanent labels.\4\ For the remaining 11.04
billion items (60 percent of 18.4 billion), the process is semi-
automated and requires an average of approximately ten seconds per
item, for a total of 30,666,667 hours per year. Thus, the total
estimated annual burden for all firms is 32,600,587 hours (1,074,400
hours to determine care instructions + 859,520 hours to draft and order
labels + 30,666,666 hours to attach labels).
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\4\ About 1 billion of the 19.4 billion garments produced
annually are either not covered by the Care Labeling Rule (gloves,
hats, caps, and leather, fur, plastic, or leather garments) or are
subject to an exemption that allows care instructions to appear on
packaging (hosiery).
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Estimated annual cost burden: $214,221,229 (solely relating to
labor costs). The chart below summarizes the total estimated costs.

----------------------------------------------------------------------------------------------------------------
Task Hourly rate Burden hours Labor cost
----------------------------------------------------------------------------------------------------------------
Determine care instructions..................................... $28.00 1,074,400 $30,083,200
Draft and order labels.......................................... 18.00 859,520 15,471,360
Attach labels................................................... \5\ 5.50 30,666,667 168,666,669
-----------------------------------------------
Total....................................................... .............. .............. 214,221,229
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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,

[[Page 2158]]

manufacturers have in place the capital equipment necessary to comply
with the Rule's labeling requirements. Based on knowledge of the
industry, staff believes that much of the information required by the
Rule would be included on the product label even absent those
requirements.
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\5\ For imported products, the labels generally are attached in
the country where the products are manufactured. According to
information compiled by an industry trade association using data
from the U.S. Department of Commerce, International Trade
Administration and the U.S. Census Bureau, approximately 97.5% of
apparel used in the United States is imported. With the remaining
2.5% attributable to U.S. production at an approximate domestic
hourly wage of $11 to attach labels, staff has calculated a weighted
average hourly wage of $5.50 per hour attributable to U.S. and
foreign labor combined. The estimated percentage of imports supplied
by particular countries is based on trade data for the year ending
in September 2014 compiled by the Office of Textiles and Apparel,
International Trade Administration. Wages in major textile exporting
countries, factored into the above hourly wage estimate, were based
on 2012 data from the U.S. Department of Labor, Bureau of Labor
Statistics. See Table 1.1 Indexes of hourly compensation costs in
manufacturing, U.S. dollar basis, 1996-2012 (Index, U.S. = 100)
available at: http://www.bls.gov/fls/#compensation.
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Request for Comments

You can file a comment online or on paper. March 19, 2018. Write
``Care Labeling Rule: 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, to the extent practicable,
on the public Commission website, 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/carelabelingrulepra1 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 website.
If you file your comment on paper, write ``Care Labeling Rule: 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 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
website 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 website--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC website,
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 March 19,
2018. 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. 2018-00538 Filed 1-12-18; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2157

agency requests or requirements to SICCode.com, which specializes in the Estimated annual hours burden:
submit reports, keep records, or provide business classification of SIC (Standard 32,600,587 hours (solely relating to
information to a third party. 44 U.S.C. Industrial Classification) and NAICS disclosure 3).
3502(3); 5 CFR 1320.3(c). As required by (North American Industry Classification Staff estimates that approximately
section 3506(c)(2)(A) of the PRA, the System) codes for business 10,744 manufacturers or importers of
FTC is providing this opportunity for identification, verification, and textile apparel, producing about 18.4
public comment before requesting that targeting. The AAFA, a national trade billion textile garments annually, are
OMB extend the existing PRA clearance association which represents U.S. subject to the Rule’s disclosure
for the information collection apparel, footwear and other sewn requirements. The burden of developing
requirements associated with the products companies and their suppliers, proper care instructions may vary
Commission’s Care Labeling of Textile has stated that ‘‘[t]he use of labels on greatly among firms, primarily based on
Wearing Apparel and Certain Piece textiles and apparels is beneficial to the number of different lines of textile
Goods As Amended (Care Labeling consumers, manufacturers, and business garments introduced per year that
Rule), 16 CFR 423 (OMB Control in general as it allows for the necessary require new or revised care instructions.
Number 3084–0103). flow of information along the supply Staff estimates the burden of
The FTC invites comments on: (1) chain.’’ 1 The relevant information determining care instructions to be 100
Whether the proposed collection of collection requirements and staff’s hours each year per firm, for a
information is necessary for the proper corresponding burden estimates follow. cumulative total of 1,074,400 hours.
performance of the functions of the The estimates address the number of Staff further estimates that the burden of
agency, including whether the hours needed and the labor costs drafting and ordering labels is 80 hours
information will have practical utility; incurred to comply with the each year per firm, for a total of 859,520
(2) the accuracy of the agency’s estimate requirements. Staff believes that a hours. Staff believes that the process of
of the burden of the proposed collection significant portion of hours and labor attaching labels is fully automated and
of information, including the validity of costs currently attributable to burden integrated into other production steps
the methodology and assumptions used; below are time and financial resources for about 40 percent of the
(3) ways to enhance the quality, utility, usually and customarily incurred by approximately 18.4 billion garments
and clarity of the information to be persons in the course of their regular that are required to have care
collected; and (4) ways to minimize the activity (e.g., industry participants instructions on permanent labels.4 For
burden of the collection of information already have and/or would have care the remaining 11.04 billion items (60
on those who are to respond. All labels regardless of the rule) and could percent of 18.4 billion), the process is
comments must be received on or before be excluded from PRA-related burden.2 semi-automated and requires an average
March 19, 2018. The Care Labeling Rule requires of approximately ten seconds per item,
manufacturers and importers to attach a for a total of 30,666,667 hours per year.
Burden Estimates
permanent care label to all covered Thus, the total estimated annual burden
Staff’s burden estimates are based on textile clothing in order to assist for all firms is 32,600,587 hours
data from the Department of consumers in making purchase (1,074,400 hours to determine care
Commerce’s Bureau of the Census, the decisions and in determining what instructions + 859,520 hours to draft
International Trade Commission, the method to use to clean their apparel. and order labels + 30,666,666 hours to
Department of Labor’s Bureau of Labor Also, manufacturers and importers of attach labels).
Statistics (BLS), and data or other input piece goods used to make textile Estimated annual cost burden:
from the main industry association, the clothing must provide the same care $214,221,229 (solely relating to labor
American Apparel and Footwear information on the end of each bolt or costs). The chart below summarizes the
Association (AAFA), and from roll of fabric. total estimated costs.

Task Hourly rate Burden hours Labor cost

Determine care instructions ......................................................................................................... $28.00 1,074,400 $30,083,200
Draft and order labels .................................................................................................................. 18.00 859,520 15,471,360
Attach labels ................................................................................................................................ 5 5.50 30,666,667 168,666,669

Total ...................................................................................................................................... ........................ ........................ 214,221,229

Staff believes that there are no current associated with the Care Labeling Rule. has been an integral part of the
start-up costs or other capital costs Because the labeling of textile products manufacturing process for decades,

1 Page one from comment by Kevin M. Burke, 4 About 1 billion of the 19.4 billion garments domestic hourly wage of $11 to attach labels, staff
President and CEO, American Apparel & Footwear produced annually are either not covered by the has calculated a weighted average hourly wage of
Association, March 26, 2012, Advance Notice of Care Labeling Rule (gloves, hats, caps, and leather, $5.50 per hour attributable to U.S. and foreign labor
Proposed Rulemaking; Request for Public Comment; fur, plastic, or leather garments) or are subject to an combined. The estimated percentage of imports
exemption that allows care instructions to appear supplied by particular countries is based on trade
Rules and Regulations under the Wool Products
on packaging (hosiery). data for the year ending in September 2014
Labeling Act of 1939; 77 FR 4498 (Jan. 30, 2012).
daltland on DSKBBV9HB2PROD with NOTICES

5 For imported products, the labels generally are compiled by the Office of Textiles and Apparel,
2 5 CFR 1320.3(b)(2).
attached in the country where the products are International Trade Administration. Wages in major
3 The Care Labeling Rule imposes no specific textile exporting countries, factored into the above
manufactured. According to information compiled
recordkeeping requirements. Although the Rule by an industry trade association using data from the hourly wage estimate, were based on 2012 data
requires manufacturers and importers to have U.S. Department of Commerce, International Trade from the U.S. Department of Labor, Bureau of Labor
reliable evidence to support the recommended care Administration and the U.S. Census Bureau, Statistics. See Table 1.1 Indexes of hourly
instructions, companies rely on current technical approximately 97.5% of apparel used in the United compensation costs in manufacturing, U.S. dollar
States is imported. With the remaining 2.5% basis, 1996–2012 (Index, U.S. = 100) available at:
literature or past experience.
attributable to U.S. production at an approximate http://www.bls.gov/fls/#compensation.

VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1

Document Created: 2018-01-13 02:02:41
Document Modified: 2018-01-13 02:02:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be received on or before March 19, 2018.
Contact		Requests for copies of the collection
FR Citation		83 FR 2156