Appendix A to Part 460 - Exemptions
16:1.0.1.4.59.0.32.26.55 : Appendix A
Appendix A to Part 460 - Exemptions
Section 18(g)(2) of the Federal Trade Commission Act, 15 U.S.C.
57a(g)(2), authorizes the Commission to exempt a person or class of
persons from all or part of a trade regulation rule if the
Commission finds that application of the rule is not necessary to
prevent the unfair or deceptive acts or practices to which the rule
relates. In response to petitions from industry representatives,
the Commission has granted exemptions from specific requirements of
this part to certain classes of sellers. Some of these exemptions
are conditioned upon the performance of alternative actions. The
exemptions are limited to specific sections of this part. All other
requirements of this part apply to these sellers. The exemptions
are summarized in paragraphs (a) through (d) of this appendix. For
an explanation of the scope and application of the exemptions, see
the formal Commission decisions cited in the authority citation to
this part.
(a) Manufacturers of perlite insulation products that have an
inverse relationship between R-value and density or weight per
square foot are exempted from the requirements in §§ 460.12(b)(2)
and 460.13(c)(1) that they disclose minimum weight per square foot
for R-values listed on labels and fact sheets. This exemption is
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.
(b) Manufacturers of rigid, flat-roof insulation products used
in flat, built-up roofs are exempted from the requirements in §
460.12 that they label these home insulation products.
(c)(1) New home sellers are exempted from:
(i) the requirement in § 460.18(a) that they disclose the type
and thickness of the insulation when they make a representation in
an advertisement or other promotional material about the R-value of
the insulation in a new home;
(ii) the requirement that they disclose in an advertisement or
other promotional material the R-value explanatory statement
specified in § 460.18(a) or the savings explanatory statement
specified in § 460.19(b), conditioned upon the new home sellers
alternatively disclosing the appropriate explanatory statement in
the sales contract along with the disclosures required by §
460.16;
(iii) the requirement that they make the disclosures specified
in § 460.19(c) if they claim that insulation, along with other
products in a new home, will cut fuel bills or fuel use; and
(iv) the requirement that they include the reference to fact
sheets when they must disclose the R-value explanatory statement or
the savings claim explanatory statement under § 460.18(a) or §
460.19(b), respectively.
(2) The exemptions for new home sellers also apply to home
insulation sellers other than new home sellers when they
participate with a new home seller to advertise and promote the
sale of new homes, provided that the primary thrust of the
advertisement or other promotional material is the promotion of new
homes, and not the promotion of the insulation product.
[61 FR 13666, Mar. 28, 1996, as amended at 84 FR 20790, May 13,
2019]