[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Proposed Rules]
[Pages 34045-34046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9185]


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FEDERAL TRADE COMMISSION

16 CFR Part 18


Guides for the Nursery Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
requests public comments on its Guides for the Nursery Industry 
(``Nursery Guides'' or ``Guides''). The Commission is soliciting the 
comments as part of the Commission's systematic review of all current 
Commission regulations and guides.

DATES: Written comments must be received by August 14, 2006.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Nursery Guides Regulatory Review, Matter No. 
P994248'' to facilitate the organization of comments. A comment filed 
in paper form should include this reference both in the text and on the 
envelope, and should be mailed or delivered to the following address: 
Federal Trade Commission/Office of the Secretary, Room H-135 (Annex B), 
600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material, however, must be filed in paper form, must be 
clearly labeled ``Confidential,'' and must comply with Commission Rule 
4.9(c).\1\ The FTC is requesting that any comment filed in paper form 
be sent by courier or overnight service, if possible, because postal 
mail in the Washington area and at the Commission is subject to delay 
due to heightened security precautions. Comments filed in electronic 
form should be submitted by accessing the following site: https://secure.commentworks.com/ftc-nursery and following the instructions on 
the Web-based form. To ensure that the Commission considers an 
electronic comment, you must file it on the Web-based form at https://secure.commentworks.com/ftc-nursery.
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    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
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    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives, whether filed in paper or electronic 
form. Comments received will be available to the public on the FTC Web 
site, to the extent practicable, at http://www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC website. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy at http://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Janice Podoll Frankle, (202) 326-3022, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 601 New Jersey Avenue, NW., Washington, DC 
20001.

SUPPLEMENTARY INFORMATION:

I. Background

    The Guides for the Nursery Industry were adopted by the Commission 
in

[[Page 34046]]

1979.\2\ These Guides address numerous sales practices for outdoor 
plants, including deceptive claims as to quantity, size, grade, kind, 
species, age, maturity, condition, vigor, hardiness, growth ability, 
price, and origin or place where grown.
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    \2\ Industry guides are administrative interpretations of laws 
administered by the Commission. 16 CFR 1.5.
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    In 1994, as part of its periodic review, the Commission amended the 
Nursery Guides.\3\ Specifically, the Commission amended Guide 6 and the 
definitions section to advise sellers of plants that it is an unfair or 
deceptive act or practice to offer for sale or to sell plants collected 
from the wild state without disclosing that fact, with the proviso that 
plants propagated from plants lawfully collected from the wild state 
may be designated as ``nursery-propagated.'' Additionally, the 
Commission amended Guides 1-8 to update their legal terminology. 
Specifically, the Commission deleted the expressions ``it is an unfair 
trade practice'' and ``has the capacity and tendency or effect of 
deceiving purchasers,'' neither of which the Commission uses in its 
orders, rules, or guides. The Commission substituted the language ``it 
is an unfair or deceptive act or practice'' and ``misrepresents 
directly or by implication.'' \4\
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    \3\59 FR 64546.
    \4\ See the Commission's 1983 Statement on Deception found in 
the appendix to Cliffdale Associates, 103 F.T.C. 110, 174 (1984).
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II. Regulatory Review Program

    The Commission reviews all Commission rules and guides 
periodically. These reviews seek information about the costs and 
benefits of the Commission's rules and guides and their economic 
impact. The information obtained assists the Commission in identifying 
rules and guides that warrant modification or rescission. Therefore, 
the Commission solicits comment on, among other things, the economic 
impact of and the continuing need for its Nursery Guides; possible 
conflict between the Guides and state, local, federal, or international 
laws; and the effect of any technological, economic, environmental, or 
other industry changes on the Guides.

III. Request for Comment

    The Commission is particularly interested in receiving comments and 
supporting data on the following questions. These questions are 
designed to assist the public and should not be construed as a 
limitation on the issues on which public comment may be submitted:
    (1) Is there a continuing need for the Nursery Guides as currently 
promulgated?
    (2) Has the nursery industry adopted the Nursery Guides as part of 
its routine business practice? If so, how, and what effect, if any, 
does this have on the continuing need for the Guides?
    (3) What benefits have the Nursery Guides provided to purchasers of 
the products affected by the Guides?
    (4) Have the Guides imposed costs on purchasers? If so, explain.
    (5) How have the 1994 amendments to Guide 6 affected the nursery 
industry? How have the 1994 amendments to Guide 6 affected purchasers?
    (6) What changes, if any, should be made to the Nursery Guides to 
increase their benefits to purchasers? How would these changes affect 
the costs the Guides impose on businesses? How would these changes 
benefit purchasers?
    (7) What burdens or costs, including costs of compliance, have the 
Guides imposed on businesses subject to their requirements? What 
burdens or costs have the Guides imposed on small businesses in 
particular? Have the Guides provided benefits to businesses? If so, 
what benefits?
    (8) What changes, if any, should be made to the Guides to reduce 
the burdens or costs imposed on businesses? How would these changes 
affect the benefits provided by the Guides?
    (9) Do the Guides overlap or conflict with other federal, state, or 
local laws or regulations? Do the Guides overlap or conflict with any 
international laws or regulations?
    (10) Have consumer perceptions or preferences changed since these 
Guides were issued, and, if so, do these changes warrant revising the 
Guides?
    (11) Since the Guides were issued, what effects, if any, have 
changes in relevant technology, economic conditions, or environmental 
conditions had on the Guides?

List of Subjects in 16 CFR Part 18

    Advertising, Nursery, Trade practices.

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

    By direction of the Commission.
Donald S. Clark,
Secretary.
 [FR Doc. E6-9185 Filed 6-12-06; 8:45 am]
BILLING CODE 6750-01-P