Labeling and Advertising of Home Insulation; Trade Regulation Rule; Partial Exemption for Periite Insulation

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BILUNG CODE 6750-01-M 16 CFR Part 460 Labeling and Advertising of Home Insulation; Trade Regulation Rule; Partial Exemption for Periite Insulation AGENCY: Federal Trade Commission. ACTION: Invitation for public comment on tentative decision to grant a partial exemption to manufacturers of perlite insulation, and notice of conditional stay of that disclosure requirement for perlite insulation manufacturers. Su m m a r y : The Federal Trade Commission has tentatively decided to grant an exemption to manufacturers of perlite insulations which have an inverse relationship between R-value and density or weight per square foot from the requirement in § § 460.12(b)(2) and 460.13(c)(1) of its trade regulation rule on labeling and advertising of home insulation (16 CFR Part 460) that manufacturers of perlite insulation disclose minimum weight per square foot for R-values listed on labels and fact sheets. This partial exemption from the rule would be conditioned upon the alternative disclosure of the maximum weight per square foot for each R-value listed. The Commission has issued a conditional stay of the requirement that manufacturers of perlite insulation disclose minimum weight per square foot for each R-value listed on labels and fact sheets, pending a final Commission decision on the exemption. The stay is conditioned on the alternative disclosure of the maximum weight per square foot for each value listed.

d a t e s : Effective date: September 29, 1980.

Written comments regarding the Commission’s tentative decision to grant the conditional exemption will be accepted until November 17,1980. a d d r e s s : Written comments should be addressed to the Secretary, Federal Trade Commission, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580. All comments should be captioned: “Comment on Proposed Partial Exemption for Perlite Insulation Manufacturers—Home Insulation Rule.’’ FOR FURTHER INFORMATION CONTACT: Kent C. Howerton, 202-724-1514, Attorney, Division of Energy and Product Information, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 20580. SUPPLEMENTARY INFORMATION: On August 31,1979, the Commission promulgated a trade regulation rule on the labeling and advertising of home insulation (44 FR 50218). On August 15, 1980, the Commission announced that the effective date of the rule would be September 29,1980 (45 FR 54702). The Perlite Institute Inc. petitioned the Commission for an exemption from one of the disclosure requirements in the Rule. Section 460.12(b)(2) of the Rule requires that all loose-fill insulation products other than cellulose be labeled with the following coverage chart information for R-values of 11,19 and 22: the minimum thickness, maximum net coverage area, and minimum weight per square foot. Section 460.13(c)(1) requires that the same coverage chart information be disclosed on fact sheets available to consumers through retail stores and installers.

The Perlite Institute requested that the Commission exempt manufacturers of perlite insulation from the requirement that they disclose minimum weight per square foot. The requirement in the rule was based on the fact that, for most residential insulation, as the density or weight per square foot decreases, the Rvalue decreases. Thus, the Rule requires that coverage charts specify the minimum weight per square foot necessary to obtain the labeled R-value. Specifically, the Perlite Institute requested that the requirement that perlite insulation labels and fact sheets disclose minimum weight per square foot to achieve each R-value be changed to require a maximum weight per square foot disclosure. In support of this request, the Institute has submitted technical publications which show that, contrary to other insulations, as the density or weight per square foot of perlite insulation increases, R-value decreases. A lighter density perlite will have a higher R-value than one with a heavier density installed at the same thickness. Thus, according to the Perlite Institute, unlike other loose-fill insulations covered by the rule, if perlite insulation is installed at a density greater than the weight per square foot listed on the label, the consumer will not receive the labeled R-value. The Commission has tentatively decided to grant an exemption to manufacturers of perlite insulations which have an inverse relationship between R-value and density or weight per square foot from the requirement in

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68930 Federal Register / Vol. 45, No. 203 / Friday, O ctober 17, 1980 / Rules and Regulations §§ 460.12(b)(2) and 460.13(c)(1) of the rule that they disclose minimum weight per square foot for R-values listed on labels and fact sheets. This exemption would be conditioned upon the alternative disclosure in labels and fact sheets of the maximum weight per square foot for each R-value required to be listed. The Commission believes that, if the facts alleged by the Perlite Institute Inc. a|*e accurate, the conditional exemption would be in the public interest and should be granted. Therefore, the Commission has conditionally stayed the requirements of §§ 460.12(b)(2) and 460.13(c)(1) of the rule insofar as they require manufacturers of perlite insulations which have an inverse relationship between R-value and density or weight per square foot to disclose minimum weight per square foot on labels and fact sheets, respectively, pending a final Commission decision on the exemption request. The stay is conditioned upon the alternative disclosure of the maximum weight per square foot for Rvalues required to be listed on fact sheets and labels.

The petition from the Perlite Institute Inc., dated November 19,1979, plus attachment, has been placed on the public record and is available for public inspection. It has been bled as document number U -l in FTC File number 215-59.

Carol M. Thomas, Secretary.

[FR Doc. 80-32516 Filed 10-10-80; 8:45 am]