[Federal Register Volume 68, Number 164 (Monday, August 25, 2003)]
[Proposed Rules]
[Pages 50984-50985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21681]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 68, No. 164 / Monday, August 25, 2003 / 
Proposed Rules  

[[Page 50984]]



FEDERAL TRADE COMMISSION

16 CFR Part 228


Tire Advertising and Labeling Guides

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``Commission'') requests public 
comments about the overall costs and benefits of and the continuing 
need for its Tire Advertising and Labeling Guides (``the Tire Guides'' 
or ``the Guides''), as part of the Commission's systematic review of 
all current Commission regulations and guides.

DATES: Written comments will be accepted until October 24, 2003.

ADDRESSES: Mailed comments should be directed to: Secretary, Federal 
Trade Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington, 
DC 20580. Mailed comments should be identified as ``Tire Guides, 16 CFR 
Part 228--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: David Plottner, Investigator, Federal 
Trade Commission, 1111 Superior Avenue, Suite 200, Cleveland, Ohio 
44114, telephone number (216) 263-3409, E-mail [[email protected]].

SUPPLEMENTARY INFORMATION:

I. Tire Advertising and Labeling Guides

    The Commission first promulgated Trade Practice Rules for the Tire 
Industry in 1936. It discarded those Rules as obsolete and adopted new 
regulations in 1958. Subsequently, those regulations were folded into 
complete Guides that became effective in January 1968. These 1968 
Guides were revised slightly in 1994, with the addition of a provision 
regarding retreaded tires. Otherwise the 1968 Guides have remained 
unchanged.
    Commission Guides, generally, constitute administrative 
interpretations of Commission law and are administered by the 
Commission for the guidance of the public in conducting its affairs in 
conformity with legal requirements. Conduct inconsistent with the 
Guides may result in corrective action by the Commission under 
applicable statutory provisions.
    The Tire Guides cover tires for use on ``passenger automobiles, 
station wagons, and similar vehicles.'' They apply to manufacturers of 
new vehicles, on which these tires are provided as original equipment, 
and to those who manufacture, sell, distribute, or retread tires. The 
Tire Guides address labeling, both permanent and removable; 
advertising, including specific triggering terminology, performance 
claims, deceptive pricing claims, and guarantee advertising; point-of-
sale disclosures regarding use, care and safety; and disclosures 
relating to used, retreaded tires and snow tires.

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 Tire Guides; possible conflict between the 
Guides and state, local, or other federal laws; and the effect of any 
technological, economic, or other industry changes on the Guides.

III. Request for Comment

    The Commission solicits written public comments on the following 
questions:
    (1) Is there a continuing need for the Tire 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?
    (c) How prevalent and widespread is voluntary compliance with the 
Guides?
    (d) Have other Federal regulatory initiatives rendered the Guides 
unnecessary?
    (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 following their suggestions?
    (b) 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 following their 
suggestions?
    (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 following their suggestions?
    (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?
    (a) To what extent has/will NHTSA tire safety regulations and tire 
quality grading standards regulations [49 CFR 567, 571, 574, 575, and 
597] including those required by the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act of 2000 , Pub. L. 106--
414 supersede the need for this Guide or parts of this Guide?
    (b) To what extent has the Magnuson-Moss Warranty Act, 15 U.S.C. 
2301 et seq., and regulations promulgated pursuant to the Act, found at 
16 CFR Parts 700-703 and Part 239, superseded the need for the Guides 
or parts of the Guides?
    (c) Have state consumer protection laws or regulations governing 
tires, tire safety, tire price advertising, tire disposal, retreading, 
or snow tires affected the need for the Guides or parts of the Guides?
    (6) Since 1968 when the main provisions of the Guides were issued, 
what effects, if any, have the following changes in relevant technology 
or economic conditions had on the Guides:
    (a) The recent increased sales of pickup trucks, sport utility 
vehicles, and similar new vehicles, the tires of which may not be 
covered by the Guides?
    (b) The shift to radial tires (as opposed to the bias-ply tires 
popular when the Guides were issued) in today's tire market?
    (c) Changes in tire distribution or sales, including use of E-mail, 
the Internet, Internet advertising or CD-ROM advertising.

[[Page 50985]]

    (d) The declining market for retreaded passenger car tires.
    (7) Are there any abuses occurring in the distribution, promotion, 
sale or manufacture of tires that are not addressed by the Guides? If 
so, what mechanisms should be explored to address such abuses (e.g., 
consumer education, industry self-regulation, Guide amendment)?

List of Subjects in 16 CFR Part 228

    Advertising, Automobile tires, Trade practices.

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

    By direction of the Commission, Commissioner Harbour not 
participating.
Donald S. Clark,
Secretary.
[FR Doc. 03-21681 Filed 8-22-03; 8:45 am]
BILLING CODE 6750-01-P