[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Proposed Rules]
[Page 14865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8073]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Part 243


Guides for the Decorative Wall Paneling Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (``Commission'') is requesting 
public comments on its Guides for the Decorative Wall Paneling Industry 
(``Decorative Wall Paneling Guides'' or ``the Guides''). The Commission 
is also requesting comments about the overall costs and benefits of its 
Guides and their overall economic impact, as part of its systematic 
review of all current Commission regulations and guides.

DATES: Written comments will be accepted until May 26, 1998.

ADDRESSES: Mailed comments should be directed to: Secretary, Federal 
Trade Commission, Room H-159, Sixth Street and Pennsylvania Ave., N.W., 
Washington, D.C. 20580. Mailed comments about the Guides for the 
Decorative Wall Paneling Industry should be identified as ``CFR Part 
243--Comment.'' E-mail comments will be accepted at [[email protected]]. 
Those who comment by e-mail should give a mailing address to which an 
acknowledgment can be sent.

FOR FURTHER INFORMATION CONTACT: Eric Nickerson, Investigator, Federal 
Trade Commission, Denver Regional Office, 1961 Stout Street, Suite 
1523, Denver, CO 80294, telephone number (303) 844-3584, E-mail 
[[email protected]].

SUPPLEMENTARY INFORMATION: 

I. Decorative Wall Paneling Guides

    The Commission promulgated the Guides for the Decorative Wall 
Paneling Industry on December 15, 1971, 36 FR 23796 (1971), under 
section 5 of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 
45.\1\ The Guides became effective on December 15, 1972.
---------------------------------------------------------------------------

    \1\ Section 5 of the FTC Act declares unfair methods of 
competition and unfair or deceptive acts or practices to be 
unlawful.
---------------------------------------------------------------------------

    These Guides, like the other industry guides issued by the 
Commission, ``are administrative interpretations of laws administered 
by the Commission for the guidance of the public in conducting its 
affairs in conformity with legal requirements.'' 16 CFR 1.5. Conduct 
inconsistent with the Guides may result in corrective action by the 
Commission under applicable statutory provisions.
    The Decorative Wall Paneling Guides provide guidance to 
manufacturers, retail distributors, and other suppliers (``sellers'') 
of decorative wall panels in labeling, advertising, and promoting their 
products in a manner consistent with Section 5 of the FTC Act. The 
guides are designed to protect purchasers from being misled by the 
appearance of a product, or by deceptive descriptions, depictions, 
designations, or representations in advertisements, labels, or other 
promotional materials.
    The Guides provide examples of non-deceptive references and 
representations with respect to the construction, composition, or 
appearance of industry products. The Guides also point out that sellers 
bear the affirmative responsibility of providing detailed disclosures 
regarding the composition of the products being offered.

II. Regulatory Review Program

    The Commission has determined, as part of its oversight 
responsibilities, to review rules and guides periodically. These 
reviews seek information about the costs and benefits of the 
Commission's rules and guides and their regulatory and economic impact. 
The information obtained assists the Commission in identifying rules 
and guides that warrant modification or rescission. The Commission 
solicits comments on, among other things, the economic impact of and 
the continuing need for the Guides; possible conflict between the 
Guides and state, local, or other federal laws; and the effect on the 
Guide of any technological, economic, or other industry changes.

III. Request For Comment

    The Commission solicits written public comments on the following 
questions:
    (1) Is there a continuing need for the Decorative Wall Paneling 
Guides?
    (a) What benefits have the Guides provided to purchasers of the 
products affected by the Guides?
    (b) Have the Guides imposed costs on purchasers?
    (2) What changes, if any, should be made to the Guides to increase 
the benefits of the Guides to purchasers?
    (a) How would these changes affect the costs the Guides impose on 
firms adhering to their advice? How would these changes affect the 
benefits to purchasers?
    (3) What significant burdens or costs, including costs of 
compliance, have the Guides imposed on firms subject to their advice?
    (a) Have the Guides provided benefits to such firms? If so, what 
benefits?
    (4) What changes, if any, should be made to the Guides to reduce 
the burdens or costs imposed on firms subject to their advice?
    (a) How would these changes affect the benefits provided by the 
Guides?
    (5) Do the Guides overlap or conflict with other federal, state, or 
local laws or regulations?
    (6) Since the Guides were issued, what effects, if any, have 
changes in the global marketplace, relevant technology or economic 
conditions had on the Guides? For example, do example, do sellers use 
E-mail, the Internet or CD ROM to advertise or sell decorative wall 
panels? If so, in what manner? Does use of this new technology affect 
consumers' rights or sellers' responsibilities under the Guides?
    (7) Are there problems today in the labeling, advertising, or 
selling of decorative wall panels? If yes, what are the nature of these 
problems? Do the Guides adequately address any problems that may exist?
    (8) Are any portions of the Guides outdated or otherwise no longer 
relevant in this industry?
    (9) Are there industry standards covering any of the issues 
addressed by the Guides? If yes, what are they?

List of Subjects in 16 CFR Part 243

    Advertising, Forests and forest products, Labeling, Trade 
practices, Wall paneling industry.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-8073 Filed 3-26-98; 8:45 am]
BILLING CODE 6750-01-M