[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27241-27242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12583]



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FEDERAL TRADE COMMISSION
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: Advance notice of proposed rulemaking.

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SUMMARY: The Federal Trade Commission (the ``Commission'') proposed to 
repeal its Trade Regulation Rule entitled ``Deception as to Non-
Prismatic and Partially Prismatic Instruments Being Prismatic 
Binoculars'' (``Binocular Rule''), 16 C.F.R. part 402. The proceeding 
will address whether the Binocular Rule should be repealed or remain in 
effect. The Commission is soliciting written comment, data, and 
arguments concerning this proposal.

DATES: Written comments must be submitted on or before June 22, 1995.

ADDRESSES: Written comments should be identified as ``16 CFR Part 402'' 
and sent to Secretary, Federal Trade Commission, Room 159, Sixth Street 
and Pennsylvania Ave., N.W., Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:
Phillip S. Priesman, Attorney, Federal Trade Commission, Division of 
Advertising Practices, Bureau of Consumer Protection, Washington, D.C. 
20580. (202) 326-2484.

SUPPLEMENTARY INFORMATION: 

Part A--Background Information

    This notice is being published pursuant to Section 18 of the 
Federal Trade Commission (``FTC'') Act, 15 U.S.C. 57a et seq., the 
provisions of Part 1, Subpart B of the Commission's Rules of Practice, 
16 CFR 1.7, and 5 U.S.C. 551 et seq. This authority permits the 
Commission to promulgate, modify, and repeal trade regulation rules 
that define with specificity acts or practices that are unfair or 
deceptive in or affecting commerce within the meaning of Section 
5(a)(1) of the FTC Act, 15 U.S.C. 45.
    The Binocular Rule was published in final form in the Federal 
Register on June 5, 1964, and became effective on December 2, 1964. The 
Rule requires a clear and conspicuous disclosure on any advertising or 
packaging for non-prismatic or partially prismatic binoculars that the 
instruments are not fully prismatic. Fully prismatic binoculars rely on 
a prism within the instrument to reverse the visual image entering the 
lens so that it appears right-side up to the user. Other binoculars 
rely partially or entirely on mirrors to reverse the visual image. When 
the rule was promulgated, the Commission was concerned that consumers 
could be misled into believing that non-prismatic binoculars were in 
fact prismatic, absent such a disclosure.
    To prevent consumer deception, the rule proscribed the use of the 
term ``binocular'' to describe anything other than a fully prismatic 
instrument, unless the term was modified to indicate the true nature of 
the item. Under the Rule, non-prismatic instruments could be identified 
as binoculars only if they incorporated a descriptive term such as 
``binocular-nonprismatic,'' ``binocular-mirror prismatic,'' or 
``binocular-nonprismatic mirror.''

Part B--Objectives

    As part of its continuing review of its trade regulation rules to 
determine their current effectiveness and impact, the Commission 
recently obtained information bearing on the need for this Rule.\1\ The 
objective of this notice is to solicit comment on whether the 
Commission should initiate a rulemaking proceeding to repeal the 
Binocular Rule.

    \1\ In a memorandum to all federal departments and agencies 
dated March 4, 1995, the President requested all agencies to review 
their regulations and to initiate proceedings to eliminate those 
they determined were obsolete or unnecessary. In 1992, the 
Commission adopted a plan to review all its rules and guides at 
least once during a ten-year period. In response to the President's 
request, the Commission accelerated its scheduled review of certain 
rules to identify any that might be appropriate candidates for 
repeal or amendment.
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Part C--Alternative Actions

    The Commission will consider alternatives to repealing the 
Binocular Rule if the comments indicate that the [[Page 27242]] Rule 
continues to serve its original purpose.
Part D--Request for Comments

    Members of the public are invited to comment on any issues or 
concerns they believe are relevant or appropriate to the Commission's 
review of the Binocular Rule. The Commission requests that factual data 
upon which the comments are based be submitted with the comments. In 
this section, the Commission identifies the issues on which it solicits 
public comment. The identification of issues is designed to assist the 
public and should not be construed as a limitation on the issues on 
which public comment may be submitted.

Questions

    (1) Is any manufacturer currently manufacturing non-prismatic or 
partially-prismatic binoculars?
    (2) Is any individual or business entity currently marketing non-
prismatic or partially-prismatic binoculars?
    (3) Do any retail stores or suppliers still maintain stocks of non-
prismatic or partially-prismatic binoculars?
    (4) What benefits do consumers derive from the Rule?
    (5) Should the Rule be kept in effect or should it be repealed?

    Authority: Section 18(d)(2)(B) of the Federal Trade Commission 
Act, 15 U.S.C. 57a(d)(2)(B).

List of Subjects in 16 CFR Part 417

    Binoculars, Trade practices.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-12583 Filed 5-22-95; 8:45 am]
BILLING CODE 6750-01-M