[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Rules and Regulations]
[Pages 56949-56950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27890]



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FEDERAL TRADE COMMISSION
16 CFR Part 435


Trade Regulation Rule: Mail or Telephone Order Merchandise

AGENCY: Federal Trade Commission.

ACTION: Technical amendments to rule.

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SUMMARY: The Federal Trade Commission (``Commission'') makes three non-
substantive, minor, technical corrections to the definition of ``prompt 
refund'' in the Commission's Mail or Telephone Order Merchandise Trade 
Regulation Rule (``MTOR'' or ``Rule''), 16 CFR 435.2(f). The two cross-
references in section 435.2(f) of the Rule are corrected to refer to 
section 435.2(e) of the Rule instead of to section 435.2(c). 
Additionally, a comma is added to section 435.2(f)(1) to parallel the 
punctuation in section 435.2(f)(2). Because these corrections are non-
substantive, the Commission has determined that Magnuson-Moss 
rulemaking proceedings are not required by section 18(d)(2)(B) of the 
FTC Act. Additionally, because these are minor technical changes 
correcting inadvertent editing errors, the Commission has also 
determined that notice and public procedure are not required under 
section 553 of the Administrative Procedure Act because they would be 
unnecessary.

EFFECTIVE DATE: November 13, 1995.

ADDRESSES: Requests for copies of this notice should be sent to the 
Public Reference Branch, Room 130, Federal Trade Commission, 
Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:
Joel N. Brewer, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Washington, D.C. 20580, (202) 326-2967.

SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the FTC Act, 15 
U.S.C. 57a, on September 21, 1993, the Commission adopted proposed 
amendments to the Commission's Mail Order Merchandise Trade Regulation 
Rule (the ``MOR''), 16 C.F.R. Part 435, including renaming the rule 
``Mail or Telephone Order Merchandise'' (the ``MTOR'').\1\ Two new 
definitions, ``mail or telephone order sales'' and ``telephone,'' were 
added as sections 435.2 (a) and (b) of the MTOR. The addition of these 
definitions resulted in all other definitions being renumbered. Thus, 
the definition for ``shipment,'' which formerly appeared as section 
435.2(a) of the MOR, was renumbered section 435.2(c) of the MTOR; the 
definition for ``receipt of a properly completed order,'' which 
formerly appeared as section 435.2(b) of the MOR, was renumbered 
section 435.2(d) of the MTOR, etc.

    \1\ 58 FR 49095.
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    In making these changes, two cross-references to the definition of 
``refund'' in the definition of ``prompt refund'' in section 435.2(d) 
of the MOR (now renumbered section 435.2(f) of the MTOR) were 
inadvertently overlooked. The Commission has accordingly determined to 
correct the two cross-references in section 435.2(f) to refer to 
section 435.2(e), the MTOR's definition of ``refund.''
    Additionally, a comma is being inserted in section 435.2(f)(1) of 
the MTOR to parallel the punctuation of section 435.2(f)(2). This error 
was in the text of the MOR originally and was carried from the MOR to 
the MTOR.
    Section 18(d)(2)(B) of the FTC Act provides that the procedures for 
making any ``substantive'' amendment to a trade regulation rule shall 
be the same as the procedures for promulgating a rule under section 
18(a)(1)(B). In this case, the changes, which are necessary to correct 
inadvertent editorial errors in the recently concluded rulemaking 
proceedings, are non-substantive; thus, section 18(d)(2)(B) is 
inapplicable. Accordingly, section 553 of the Administrative Procedure 
Act (the ``APA''), 5 U.S.C. 553, applies to these amendments.\2\ 
Section 553(b)(B) of the APA provides that rulemaking procedures are 
not required where the agency determines that ``notice and public 
procedure thereon are impracticable, unnecessary, or contrary to the 
public interest.'' Because the changes here are minor and technical, 
the Commission has determined that notice and public procedure are 
unnecessary in this case, and that rulemaking procedures are 
accordingly not required.

    \2\ See, 15 U.S.C. 57a(b)(1).

[[Page 56950]]

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List of Subjects in 16 CFR Part 435

    Advertising, Mail or telephone order Merchandise: Trade Practices.

    Based on the foregoing analysis, the Commission makes non-
substantive, minor, technical amendments to title 16, part 435 of the 
Code of Federal Regulations.

PART 435--MAIL OR TELEPHONE ORDER MERCHANDISE

    1. The authority citation for part 435 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 15 U.S.C. 41 et seq.

    2. Section 435.2(f) is revised to read as follows:


Sec. 435.2  Definitions.

* * * * *
    (f) ``Prompt refund'' shall mean:
    (1) Where a refund is made pursuant to paragraph (e) (1) or 
(2)(iii) of this section, a refund sent to the buyer by first class 
mail within seven (7) working days of the date on which the buyer's 
right to refund vests under the provisions of this part;
    (2) Where a refund is made pursuant to paragraph (e)(2) (i) or (ii) 
of this section, a refund sent to the buyer by first class mail within 
one (1) billing cycle from the date on which the buyer's right to 
refund vests under the provisions of this part.
* * * * *
    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-27890 Filed 11-9-95; 8:45 am]
BILLING CODE 6750-01-M