Trade Regulation Rule Concerning Advertising and Labeling as to Size of Sleeping Bags

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65528 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations Authority: Pub. L. 96–72, 93 Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; Pub. L. 95–223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 90–351, 82 Stat. 197 (18 U.S.C. 2510 et seq.), as amended Pub. L. 95–242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); Pub. L. 102–484, 106 Stat. 2575 (22 U.S.C. 6004); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12730 of September 30, 1990 (55 FR 40373, October 2, 1990), as continued by Notice of September 25, 1992 (57 FR 44649, September 28, 1992); E.O. 12924 of August 19, 1994 (59 FR 43437, August 23, 1994); and E.O. 12938 of November 14, 1994 (59 FR 59099 of November 16, 1994).

PART 771—[AMENDED] 3. Supplement No. 1 to Part 771, is revised to read as follows: Supplement No. 1 to Part 771— Additional Items Eligible for General License GLX Note: Portions of some items listed in this Supplement are controlled for missile technology (MT), nuclear proliferation (NP), or foreign policy (FP) reasons. Exporters are reminded that such portions are not eligible for General License GLX. Refer to the specific ECCNs to identify those portions of entries subject to MT, NP, or FP controls. CATEGORY 1 1D01A 1D02A CATEGORY 2 2A01A 2A02A 2A03A 2A04A 2A06A 2B03A.a CATEGORY 3 3A01A.a.3. (up to 500 Mtops only) 3A01A.a.4.

3A01A.a.5 (except a.5.a.) 3A01A.a.7.

3A01A.a.8.

3A01A.a.11 3A02A.h.

CATEGORY 4 4A03A.d (having a 3–D vector rate less than 10M vectors/sec.) 4A03A.f CATEGORY 5 5A02A (except .h and .i) 5A03A 5A04A 5A05A 5A06A 5A11A.a (portable or mobile radiotelephones for use with commercial civil cellular radiocommunications systems, not capable of end-to-end encryption) 5B01A 5B02A 5C01A 5D01A 5D02A 5D03A 5D13A.c CATEGORY 6 6A01A.b 6A02A.a.4 6A03A.a.1 6A04A.f 6A05A.c.2.a 6A05A.d 6A05A.e 6B05A 6A08A.b 6A08A.c 6A08A.l.1.

6C02A.c 6C04A.h 6D03A.d CATEGORY 8 8A02A.e.2 CATEGORY 9 9B01A.a 9B02A.b 9B01A.f 9B01A.h 9B05A 9B06A PART 779—[AMENDED] § 779.8 [Amended] 5. Section 779.8 is amended: a. By revising the word ‘‘exported’’ in paragraph (b)(2)(i) to read ‘‘reexported’’; b. by revising the phrase ‘‘export or reexport’’ in paragraph (b)(2)(ii), (b)(2)(iii) and (b)(2)(iv) to read ‘‘reexport’’; and c. by revising the phrase ‘‘export or reexport’’ in paragraph (b)(3) to read ‘‘export from abroad’’.

PART 799—[AMENDED] Supplement No. 1 to § 799.1— [Amended] 6. In Supplement No. 1 to Section 799.1, section II of Category 5 (Telecommunications and ‘‘Information Security’’), ECCN 5D13A is amended by revising the Requirements section to read as follows:

5D13A Specific ‘‘Software’’ as Follows Requirements Validated License Required: QSTVWYZ Unit: $ value Reason for Control: NS GTDR: Yes, for 5D13.c and software described in Advisory Note 5 only. (See Note) GTDU: No Note: Exporter must have determined that the software is not controlled by the Office of Defense Trade Controls, Department of State, before using this general license. * * * * * Dated: December 14, 1995. Sue E. Eckert, Assistant Secretary for Export Administration.

[FR Doc. 95–30776 Filed 12–19–95; 8:45 am] BILLING CODE 3510–DT–P FEDERAL TRADE COMMISSION 16 CFR Part 400 Trade Regulation Rule Concerning Advertising and Labeling as to Size of Sleeping Bags AGENCY: Federal Trade Commission. ACTION: Repeal of rule.

SUMMARY: The Federal Trade Commission announces the repeal of the Trade Regulation Rule concerning Advertising and Labeling as to Size of Sleeping Bags. The Commission has reviewed the rulemaking record and determined that due to changes in industry practice, and the existence of laws in most states that mandate pointof-sale disclosures similar to those required by the Rule, the Rule no longer serves the public interest and should be repealed. This notice contains a State of Basis and Purpose for repeal of the Rule. EFFECTIVE DATE: December 20, 1995. ADDRESSES: Requests for copies of the State of Basis and Purpose should be sent to Public Reference Branch, Room 130, Federal Trade Commission, 6th Street & Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Neil Blickman, Attorney, Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, Washington, DC 20580, (202) 326–3038. SUPPLEMENTARY INFORMATION: State of Basis and Purpose I. Background The Trade Regulation Rule concerning Advertising and Labeling as to Size of Sleeping Bags (Sleeping Bag Rule), 16 CFR Part 400, was promulgated in 1963 (28 FR 10900). The Sleeping Bag Rule regulates the advertising, labeling and marking of the dimensions of sleeping bags. The Commission had found that the practice of labeling sleeping bags by the dimensions of the unfinished material used in their construction (cut size) was misleading consumers about the actual size of the sleeping bag. To correct this misconception, the Commission promulgated the Sleeping Bag Rule, which provides that it is an unfair method of competition and an unfair or deceptive act or practice to use the ‘‘cut

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65529 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 1 The Rule then gives an example of proper size marking: ‘‘Finished size 33′′ × 68′′; cut size 36′′ × 72′′.’’ 2 In accordance with Section 18 of the FTC Act, 15 U.S.C. 57a, the Commission submitted the NPR to the Chairman of the Committee on Commerce, Science and Transportation, United States Senate, and the Chairman of the Subcommittee on Commerce, Trade and Hazardous Materials, United States House of Representatives, 30 days prior to its publication.

3 These procedures included: publishing a Notice of Proposed Rulemaking; soliciting written comments on the Commission’s proposal to repeal the Rule; holding an informal hearing, if requested by interested parties, receiving a final recommendation from Commission staff; and announcing final Commission action in the Federal Register.

size’’ of the materials from which a sleeping bag is made to describe the size of a sleeping bag in advertising, labeling or marking unless:

(1) ‘‘The dimensions of the cut size are accurate measurements of the yard goods used in construction of the sleeping bags’’; and (2) ‘‘Such ‘cut size’ dimensions are accompanied by the words ‘cut size’ ’’; and (3) The reference to ‘‘cut size’’ is ‘‘accompanied by a clear and conspicuous disclosure of the length and width of the finished products and by an explanation that such dimensions constitute the finished size’’.1 On May 23, 1995, the Commission published an Advance Notice of Proposed Rulemaking (ANPR) seeking comment on proposed repeal of the Sleeping Bag Rule (60 FR 27240). In accordance with Section 18 of the Federal Trade Commission (FTC) Act, 15 U.S.C. 57a, the ANPR was sent to the Chairman of the Committee on Commerce, Science and Transportation, United States Senate, and the Chairman of the Subcommittee on Commerce, Trade and Hazardous Materials, United States House of Representatives. The comment period closed on June 22, 1995. The Commission received no comments.

On September 18, 1995, the Commission published a Notice of Proposed Rulemaking (NPR) initiating a proceeding to consider whether the Sleeping Bag Rule should be repealed or remain in effect (60 FR 48063).2 This rulemaking proceeding was undertaken as part of the Commission’s ongoing program of evaluating trade regulation rules and industry guides to ascertain their effectiveness, impact, cost and need. This proceeding also responded to President Clinton’s National Regulatory Reinvention Initiative, which, among other things, urges agencies to eliminate obsolete or unnecessary regulations. In the NPR, the Commission announced its determination, pursuant to 16 CFR 1.20, to use expedited procedures in this proceeding.3 The comment period closed on October 18, 1995. The Commission received no comments and no requests to hold an informal hearing. II. Basis for Repeal of Rule The Commission periodically reviews its rules and guides, seeking information about their costs and benefits and their regulatory and economic impact. The information obtained assists the Commission in identifying rules and guides that warrant modification or rescission. Accordingly, on April 19, 1993, the Commission published in the Federal Register a request for public comments on its Sleeping Bag Rule (58 FR 21095). The Commission asked commenters to address the costs and benefits of the Rule, whether there was a continuing need for this regulation, the burdens placed on businesses subject to this regulation, whether changes should be made, any conflicts with other laws, and whether changes in technology affected the Rule. Only one specific comment relating to the Sleeping Bag Rule was received, which generally supported a continuation of this regulation. In addition to this specific comment, one general comment, applicable to several rules being reviewed, was received from an advertising agency association. This organization recommended rescission of the Sleeping Bag Rule because the general prohibitions of the FTC Act covering false and deceptive advertising apply to the sleeping bag industry. Thus, the commenter concluded that the Rule creates unnecessary administrative costs for the government, industry members and consumers.

Commission staff also conducted an informal inquiry and inspected sleeping bags at several national chain stores. This inquiry found no violations of the Rule on either the sleeping bag packaging materials or the labels affixed to the products themselves. In fact, it appeared from that limited inquiry that industry products were marked with only the finished size. Additionally, the Commission has no record of receiving any complaints regarding noncompliance with the Rule, or of initiating any law enforcement actions alleging violation of the Rule’s requirements. Finally, the National Conference on Weights and Measures’ Uniform Packaging and Labeling Regulation, which has been adopted by 47 States, regulates the labeling of sleeping bags, and provides that these items must be labeled with their finished size. Accordingly, due to changes in industry practice, and the existence of laws in most States that mandate point-of-sale disclosures similar to those required by the Rule, the Commission has determined to repeal the Sleeping Bag Rule. III. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601–11, requires an analysis of the anticipated impact of the repeal of the Rule on small businesses. The reasons for repeal of the Rule have been explained in this Notice. Repeal of the Rule would appear to have little or no effect on small businesses. Moreover, the Commission is not aware of any existing Federal laws or regulations that would conflict with repeal of the Rule. For these reasons, the Commission certifies, pursuant to section 605 of the RFA, 5 U.S.C. 605, that this action will not have a significant economic impact on a substantial number of small entities.

IV. Paperwork Reduction Act The Sleeping Bag Rule imposes thirdparty disclosure requirements that constitute ‘‘information collection requirements’’ under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Accordingly, repeal of the Rule would eliminate any burdens on the public imposed by these disclosure requirements.

List of Subjects in 16 CFR Part 400 Advertising, Sleeping bags, Trade practices.

PART 400—[REMOVED] The Commission, under authority of section 18 of the Federal Trade Commission Act, 15 U.S.C. 57a, amends chapter I of title 16 of the Code of Federal Regulations by removing part 400.

By direction of the Commission. Donald S. Clark, Secretary.

[FR Doc. 95–31010 Filed 12–19–95; 8:45 am] BILLING CODE 6750–01–M 16 CFR Part 402 Trade Regulation Rule Concerning Deception as to Non-Prismatic and Partially Prismatic Instruments Being Prismatic Binoculars AGENCY: Federal Trade Commission. ACTION: Repeal of rule. SUMMARY: The Federal Trade Commission announces the repeal of the Trade Regulation Rule concerning Deception as to Non-Prismatic and Partially Prismatic Instruments Being