[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85495-85496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26966]
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FEDERAL TRADE COMMISSION
16 CFR Part 423
RIN 3084-AB28
Care Labeling Rule
AGENCY: Federal Trade Commission.
ACTION: Final determination; termination of rulemaking.
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SUMMARY: As part of its ongoing, systematic review of all Federal Trade
Commission rules and guides, the Commission terminates the Care
Labeling Rule review.
DATES: The Care Labeling Rule review and rulemaking (consisting of an
ANPRM: July 13, 2011, published at 76 FR 41148 (July 13, 2011), NPRM
published at 77 FR 58338 (Sept. 20, 2012), and SNPRM published at 85 FR
44485 (July 23, 2020)) is terminated as of December 8, 2023.
FOR FURTHER INFORMATION CONTACT: For information about this document,
please contact Jock Chung (202-326-2984), Federal Trade Commission,
Bureau of Consumer Protection, Division of Enforcement, 600
Pennsylvania Ave. NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: To ensure its rules and industry guides
remain relevant and are not unduly burdensome, the Commission reviews
each on a ten-year schedule. Every year the Commission publishes its
review schedule, with adjustments made in response to public input,
changes in the marketplace, and resource demands.
When the Commission reviews a rule or guide, it publishes a
document in the Federal Register seeking public comment on the
continuing need for the rule or guide, as well as the rule's or guide's
costs and benefits to consumers and businesses. Based on this feedback,
the Commission may modify or repeal the rule or guide to address public
concerns, changed conditions, or to reduce undue regulatory burden.
The Commission posts information about its review schedule on its
website \1\ to facilitate comment. This website contains an updated
review schedule, a list of rules and guides previously eliminated in
the regulatory review process, and the Commission's regulatory review
plan.
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\1\ https://www.ftc.gov/enforcement/rulemaking/retrospective-review-ftc-rules-guides.
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[[Page 85496]]
The Commission now terminates its review of the Care Labeling Rule,
16 CFR part 423, which has been inactive since 2021. The Commission
started this review on July 13, 2011, by publishing an advance notice
of proposed rulemaking (``ANPR'') seeking comment on the economic
impact of, and the continuing need for, the Rule; the benefits of the
Rule to consumers; and any burdens it places on businesses.\2\ The
Commission also sought comment on proposed amendments.\3\
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\2\ 76 FR 41148 (July 13, 2011) (https://www.ftc.gov/sites/default/files/documents/federal_register_notices/16-cfr-part-423-care-labeling-textile-wearing-apparel-and-certain-piece-goods-amended-advance-notice/110707carelabelfrn.pdf).
\3\ The Commission solicited comment on whether it should modify
the Rule's provision permitting the use of care symbols, and whether
it should amend the Rule to address the disclosure of care
instructions in languages other than English and the practice of
professional wetcleaning. Id.
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In response to comments to the ANPR, the Commission published a
notice of proposed rulemaking (``NPRM'') \4\ in 2012, in which it
proposed amending the Rule to: (1) permit manufacturers and importers
to provide a care instruction for professional wetcleaning on labels if
the garment can be professionally wetcleaned; (2) permit manufacturers
and importers to use the symbol system set forth in either ASTM
Standard D5489-07, ``Standard Guide for Care Symbols for Care
Instructions on Textile Products,'' or ISO 3758:2005(E), ``Textiles--
Care labelling code using symbols''; (3) clarify what constitutes a
reasonable basis for care instructions; and (4) update the definition
of ``dryclean'' to reflect then-current practices and technology.\5\
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\4\ 77 FR 58338 (Sept. 20, 2012) (https://www.ftc.gov/sites/default/files/documents/federal_register_notices/trade-regulation-rule-care-labeling-textile-wearing-apparel-and-certain-piece-goods-notice-proposed/120911carelabelingfrn.pdf).
\5\ Id.
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After analyzing the substantial record, including comments to the
NPRM, in 2020, the Commission published a supplemental notice of
proposed rulemaking (``SNPRM'') \6\ proposing to repeal the Rule.
Specifically, the Commission stated that the record suggests the Rule
may not be necessary to ensure manufacturers provide care instructions,
may have failed to keep up with a dynamic marketplace, and may
negatively affect the development of new technologies and
disclosures.\7\
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\6\ 85 FR 44485 (July 23, 2020) (https://www.regulations.gov/document/FTC-2020-0058-0001).
\7\ https://www.regulations.gov/document/FTC-2020-0058-0001.
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The Commission, however, received little support for repealing the
Rule.\8\ Many commenters argued that if the Commission were to repeal
the Rule, cost savings would motivate manufacturers to avoid providing
care instructions. Additionally, numerous cleaners commented that care
instructions were critical to enable cleaners to avoid damaging
customers' garments. Therefore, on July 21, 2021, the Commission
published a statement that it determined not to finalize the proposed
repeal.\9\ The Commission now terminates its review of that Rule.
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\8\ Comments at https://www.regulations.gov/document/FTC-2020-0058-0001/comment.
\9\ https://www.ftc.gov/system/files/documents/public_statements/1592326/r511915carelabelingrepealstatement.pdf.
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Authority: 15 U.S.C. 41 through 58.
By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2023-26966 Filed 12-7-23; 8:45 am]
BILLING CODE 6750-01-P