[Unified Agenda of Federal Regulations]
[Federal Trade Commission Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part LV




 
Federal Trade Commission





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Semiannual Regulatory Agenda


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FEDERAL TRADE COMMISSION (FTC)                                         
  
  
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FEDERAL TRADE COMMISSION

16 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: Federal Trade Commission.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The following agenda of Commission proceedings is published in 
accordance with section 22(d)(1) of the Federal Trade Commission Act, 
15 U.S.C. 57b-3(d)(1), and section 610(c) of the Regulatory Flexibility 
Act, 5 U.S.C. 610(c). Except for notice of completed actions, the 
information in this agenda represents the judgment of Commission staff 
based upon information now available, and each projected date reflects 
an assessment by the FTC staff of the likelihood that the specified 
event will occur during the coming year. No final determination by the 
staff or the Commission respecting the need for or the substance of a 
trade regulation rule or any other procedural option should be inferred 
from the notation of projected events in this agenda.

    In most instances, the dates of future events are listed by 
month, not by a specific day. Acquisition of new information, 
change of circumstances, or changes in the law may alter the 
information set forth in this agenda. Several agenda items concern 
rulemaking proceedings that may affect a substantial number of 
small businesses as that term is used in the Regulatory Flexibility 
Act. Whether the likely economic impact on such entities is 
significant will depend upon the outcome of the particular 
proceeding.

FOR FURTHER INFORMATION CONTACT: Further details may be obtained from 
the agency contact person listed for each particular proceeding.

By direction of the Commission.

Donald S. Clark,

Secretary. 

                                                 Prerule Stage                                                  
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                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
 Number                                                                                                Number   
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4852        Amended Federal Deposit Insurance Act.................................................    3084-AA44 
4853        Rules and Regulations Under the Wool Products Labeling Act of 1939....................    3084-AA50 
4854        Rules and Regulations Under the Fur Products Labeling Act.............................    3084-AA51 
4855        Rules and Regulations Under the Textile Fiber Products Identification Act.............    3084-AA52 
4856        Cooling-Off Rule......................................................................    3084-AA53 
4857        The Credit Practices Rule.............................................................    3084-AA55 
4858        The Used Car Rule.....................................................................   3084-AA56  
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                                              Proposed Rule Stage                                               
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                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
 Number                                                                                                Number   
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4859        Review of the Premerger Notification Rules and Report Form............................    3084-AA23 
4860        Games of Chance in the Food Retailing and Gasoline Industries Rule....................    3084-AA24 
4861        Appliance Labeling Rule--Energy Policy and Conservation Act...........................    3084-AA26 
4862        Regulatory Review.....................................................................    3084-AA47 
4863        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48 
4864        The Care Labeling Rule................................................................    3084-AA54 
4865        Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles...........   3084-AA57  
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                                               Completed Actions                                                
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                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
 Number                                                                                                Number   
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4866        Review of the Funeral Industry Practices Rule.........................................    3084-AA05 
4867        Mail Order Merchandise................................................................    3084-AA19 
4868        Franchise Rule........................................................................    3084-AA38 
4869        Fair Packaging and Labeling Act Regulations...........................................   3084-AA46  
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage
  
  
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4852. AMENDED FEDERAL DEPOSIT INSURANCE ACT

Legal Authority:  12 USC 1811 et seq, Federal Deposit Insurance Act

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: On December 19, 1991, the Federal Deposit Insurance 
Corporation Improvement Act of 1991, Pub. L. No. 102-242, 105 Stat. 
2236, 12 USC 1811, was signed into law. This law assigns to the FTC new 
responsibilities for certain non-federally insured depository 
institutions (DIs) and private deposit insurers of such DIs. The law 
imposes certain disclosure requirements on DIs, requires private 
deposit insurers to obtain annual audits from independent auditors 
using generally accepted accounting techniques, and requires private 
deposit insurers to file copies of the annual audit reports with each 
DI they insure and with each state in which such DIs receive deposits. 
DIs must also provide copies of their insurer's audit reports to 
current or prospective customers upon request. Non-federally funded DIs 
may not use the mails or any instrumentality of interstate commerce to 
receive deposits unless the appropriate state supervisor has determined 
that the institution meets all eligibility requirements for federal 
deposit insurance. The FTC is required to prescribe, by regulation or 
order, the manner and content of three affirmative disclosures required 
of DIs that lack Federal Deposit (cont)

Timetable: Next Action Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: State

Additional Information: ABSTRACT CONT: insurance. Such DIs must: (1) 
include in all periodic account statements and certain other documents 
a notice that the institution is not federally insured and that the 
Federal government does not guarantee that depositors ``will get back 
their money'' if the institution fails; (2) include such a notice that 
the DI is not federally insured in all advertising and at each place 
where deposits are normally received; and (3) receive deposits only for 
persons who have signed a written acknowledgment that the institution 
is not federally insured and that the Federal government does not 
guarantee that such persons ``will get back their money'' if the 
institution fails. The Departments of Commerce, Justice, and State, The 
Judiciary, and Related Agencies Appropriations Act, 1993, Pub. L. No. 
102-393, 106 Stat. 1820, containing the Commission's appropriation for 
fiscal year 1993, provided that none of the funds were available for 
expenses authorized by Section 151 of the FDICIA. Legislation 
containing the Commission's appropriation for fiscal year 1994 contains 
the same provision. Thus, Commission implementation and enforcement of 
FDICIA is on hold.

Agency Contact: Carole Reynolds, Division of Credit Practices, Federal 
Trade Commission, Bureau of Consumer Protection, Washington, DC 20580, 
202 326-3230

RIN: 3084-AA44
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage
  
  
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4853.  RULES AND REGULATIONS UNDER THE WOOL PRODUCTS LABELING ACT 
OF 1939

Legal Authority:  15 USC 68 Wool Products Labeling Act of 1939

CFR Citation:  16 CFR 300

Legal Deadline: None

Abstract: The Wool Products Labeling Act of 1939 (Wool Act) requires 
covered wool products to be marked with (1) the generic names and 
percentages by weight of the constituent fibers present in the wool 
product; (2) the name under which the manufacturer or another 
responsible USA company does business, or in lieu thereof, the 
registered identification number (RN) of such a company; and (3) the 
name of the country where the wool product was processed or 
manufactured. Pursuant to Section 6(a) of the Wool Act, ``the 
Commission is authorized and directed to make rules and regulations for 
the manner and form of disclosing information required by this Act ... 
and to make such further rules and regulations under and in pursuance 
of the terms of this Act as may be necessary and proper for 
administration and enforcement.'' These implementing rules and 
regulations are set forth at 16 CFR 300. As part of its systematic 
review of all current Commission regulations and guides, the Commission 
will request comments on, among other things, the economic impact of, 
and the continuing need for, these rules, (cont)

Timetable:
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Action                            Date                      FR Cite

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Begin Reg Flex Review           04/00/94
Close Comment Period            06/00/94
Recommendation to Commission    09/00/94

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: possible conflict between the 
rules and State, local and other federal laws, and the effect on the 
rules of any technological, economic, or other industry changes.

Agency Contact: Bret S. Smart, Federal Trade Commission, Los Angeles 
Regional Office, 11000 Wilshire Bouldvard, Ste. 13209, Los Angeles, CA 
90024, 310 575-7890

RIN: 3084-AA50
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage
  
  
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4854.  RULES AND REGULATIONS UNDER THE FUR PRODUCTS LABELING ACT

Legal Authority:  15 USC 69 Fur Products Labeling Act

CFR Citation:  16 CFR 301

Legal Deadline: None

Abstract: The Fur Products Labeling Act (Fur Act) requires covered furs 
and fur products to be labeled, invoiced, and advertised to show (1) 
the name(s) of the animal that produced the fur(s); (2) where such is 
the case, that the fur is used fur or contains used fur; (3) where such 
is the case, that the fur is bleached, dyed, or otherwise artificially 
colored; and (4) the name of the country of origin of any imported furs 
used in the fur product. Pursuant to Section 8(b) of the Fur Act, ``The 
Commission is authorized and directed to prescribe rules and 
regulations governing the manner and form of disclosing information 
required by this Act and such further rules and regulations as may be 
necessary and proper for purposes of administration and enforcement of 
this Act.'' These implementing rules are set forth at 16 CFR 301. As 
part of its systematic review of all current Commission regulations and 
guides, the Commission will request comments on, among other things, 
the economic impact of, and the continuing need for, these rules, 
possible conflict between the rules and state, local and other federal 
laws, and the effect on the rules of any technological, economic, or 
other industry changes.

Timetable:
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Action                            Date                      FR Cite

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Begin Reg Flex Review           04/00/94
Close Comment Period            06/00/94
Recommendations to Commission   09/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Bret S. Smart, Federal Trade Commission, Los Angeles 
Regional Office, 11000 Wilshire Boulevard, Ste. 13209, Los Angeles, CA 
90024, 310 575-7890

RIN: 3084-AA51
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage
  
  
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4855.  RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS 
IDENTIFICATION ACT

Legal Authority:  15 USC 70 Textile Fiber Products Identification Act

CFR Citation:  16 CFR 303

Legal Deadline: None

Abstract: The Textile Fiber Products Identification Act (Textile Act) 
requires wearing apparel and other covered household textile articles 
to be marked with (1) the generic names and percentages by weight of 
the constituent fibers present in the textile fiber product; (2) the 
name under which the manufacturer or another responsible USA company 
does business, or in lieu thereof, the registered identification number 
(RN) of such a company; and (3) the name of the country where the 
textile product was processed or manufactured. Pursuant to Section 7(c) 
of the Textile Act, ``the Commission is authorized and directed to make 
such rules and regulations, including the establishment of generic 
names of manufactured fibers, under and in pursuance of the terms of 
this Act as may be necessary and proper for administration and 
enforcement.'' These implementing rules are set forth at 16 CFR 303. As 
part of its systematic review of all current Commission regulations and 
guides, the Commission will request comments on, among other things, 
the economic impact of, and the continuing need for, these rules, 
possible conflict between the rules and state, local and other federal 
laws, and the effect on (cont)

Timetable:
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Action                            Date                      FR Cite

_________________________________________________________________________

Begin Reg Flex Review           04/00/94
Close Comment Period            06/00/94
Recommendations to Commission   09/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: ABSTRACT CONT: the rules of any technological, 
economic, or other industry changes.

Agency Contact: Bret S. Smart, Federal Trade Commission, Los Angeles 
Regional Office, 11000 Wilshire Boulevard, Ste. 13209, Los Angeles, CA 
90024, 310 575-7890

RIN: 3084-AA52
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage
  
  
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4856.  COOLING-OFF RULE

Legal Authority:  15 USC 45 to 58

CFR Citation:  16 CFR 429

Legal Deadline: None

Abstract: The Cooling-Off Rule, promulgated by the Commission on 
October 18, 1972, became effective on June 7, 1974 (16 CFR Part 429). 
The Rule requires that a consumer be given a three-day right to cancel 
certain sales greater than $25.00 that occur at a place other than a 
seller's place of business. The Rule also requires a seller to notify 
buyers orally of the right to cancel a contract; to provide buyers with 
a receipt or copy of the contract, which shows the date of the 
contract, the name and address of the seller, and notice of 
cancellation rights; and to provide buyers with forms which buyers may 
use to cancel the contract. The Commission intends to publish a Federal 
Register Notice seeking public comment on whether the Rule should be 
amended to minimize any undue burdens of the Rule on the entities it 
affects.

Timetable:
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Action                            Date                      FR Cite

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Begin Reg Flex and Periodic 
Review                          04/00/94
Close of Comment Period         06/00/94
Recommendation to Commission    09/00/94
Commission Action               12/00/94

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Louise R. Jung, Division of Enforcement, Bureau of 
Consumer Protection, Federal Trade Commission, Washington, DC 2004, 202 
326-2989

RIN: 3084-AA53
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage
  
  
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4857.  THE CREDIT PRACTICES RULE

Legal Authority:  15 USC 41 et seq; 5 USC 601 et seq

CFR Citation:  16 CFR 444

Legal Deadline: None

Abstract: The Regulatory Flexibility Act, 5 USC section 601 et seq., 
(RFA) requires that an agency rule be reviewed within ten years of the 
publication of the rule as a final rule. In addition, the Commission 
has determined, as part of its oversight responsibilities, to review 
trade regulation rules at least once every ten years. These reviews 
seek information about the costs and benefits of the Commission's rules 
and about their regulatory and economic impact. The FTC's Trade 
Regulation Rule on Credit Practices, 16 CFR 444, published as a final 
rule in 1984, will be reviewed this year under both the RFA and 
Commission procedures.

Timetable:
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Action                            Date                      FR Cite

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Begin Reg Flex Review           04/00/94
Comment Period Closes           06/00/94
Recommendations to Commission   09/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Sandra M. Wilmore, Division of Credit Practices, Bureau 
of Consumer Protection, Federal Trade Commission, Washington, DC 20580, 
202 326-3224

RIN: 3084-AA55
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage
  
  
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4858.  THE USED CAR RULE

Legal Authority:  15 USC 45 to 58

CFR Citation:  16 CFR 455

Legal Deadline: None

Abstract: The purpose of the Used Car Rule, which became effective on 
May 9, 1985, is to prevent and discourage oral misrepresentations and 
omissions of material facts by used car dealers concerning warranty 
coverage. The Rule provides a uniform method for written disclosure of 
warranty information on a window sticker called a ``Buyers Guide.'' The 
Rule requires sellers to disclose on the Buyers Guide the basic terms 
and conditions of any warranty offered in connection with the sale of a 
used car, including the duration of coverage, the percentage of total 
repair costs to be paid by the dealer, and the systems covered by the 
warranty. The Rule also requires certain other disclosures that must be 
printed on the Buyers Guide, including: a suggestion that consumers ask 
the dealer if a pre-purchase inspection is permitted; a warning against 
reliance on spoken promises that are not confirmed in writing; and a 
list of the 14 major systems of an automobile and the major problems 
that may occur in these systems. The Rule also provides that the Buyers 
Guide disclosures are to be incorporated by reference into the sales 
contract, and are to govern in the event of an (cont)

Timetable:
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Action                            Date                      FR Cite

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Begin Reg Flex and Periodic 
Review                          04/00/94
Close of Comment Period         06/00/94
Recommendations to Commission   09/00/94

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: ABSTRACT CONT: inconsistency between the Buyers 
Guide and the sales contract. The Commission intends to publish a 
Federal Register Notice seeking public comment on whether the Rule 
should be amended to minimize any significant impact upon small 
economic entities or whether other amendments should be implemented.

Agency Contact: George Brent Mickum IV, Division of Enforcement, Bureau 
of Consumer Protection, Federal Trade Commission, Washington, DC 20580, 
202 326-3132

RIN: 3084-AA56
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FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage
  
  
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4859. REVIEW OF THE PREMERGER NOTIFICATION RULES AND REPORT FORM

Legal Authority:  15 USC 18a Clayton Act

CFR Citation:  16 CFR 801 to 803

Legal Deadline: None

Abstract: The Premerger Notification Rules and the Antitrust 
Improvements Act Notification and Report Form were adopted pursuant to 
Section 7A of the Clayton Act. Section 7A requires firms of a certain 
size contemplating mergers or acquisitions of a specified size to file 
notification with the Federal Trade Commission (FTC) and the Department 
of Justice (DOJ) and to wait a designated period before consummating 
the transaction. It also requires the FTC, with the concurrence of the 
Assistant Attorney General for Antitrust, to promulgate rules requiring 
that notification be in a form and contain information necessary to 
enable the FTC and DOJ to determine whether the proposed acquisition 
may, if consummated, violate the antitrust laws. These rules are 
continually reviewed in order to improve the program's effectiveness 
and reduce the paperwork burden on the business community. The 
Commission plans to propose modifications to the Premerger Notification 
and Report form during the next fiscal year. In September 1985, the 
Commission proposed to amend the Rule's treatment of acquisitions 
(cont)

Timetable:
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Action                            Date                      FR Cite

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Begin Review                    09/30/81
NPRM -- Ordinary Course         09/24/85                    50 FR 38742
NPRM - To Commission HSR Form   04/00/94
NPRM - To Commission Ord. Course08/00/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: of goods or realty made in the 
ordinary course of business. The Commission will reconsider what 
action, if any, to take on possible amendments regarding such 
acquisitions. The amendments regarding mergers and consolidations of 
non-profit organizations will be considered later this year.

Agency Contact: John Sipple, Assistant Director, Pre-Merger 
Notification, Federal Trade Commission, Bureau of Competition, 
Washington, DC 20580, 202 326-2862

RIN: 3084-AA23
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FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage
  
  
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4860. GAMES OF CHANCE IN THE FOOD RETAILING AND GASOLINE INDUSTRIES RULE

Legal Authority:  15 USC 45 Federal Trade Commission Act; 15 USC 57(a) 
Federal Trade Commission Act

CFR Citation:  16 CFR 419

Legal Deadline: None

Abstract: The Commission's trade regulation rule concerning games of 
chance became effective on October 17, 1969. The Rule establishes 
requirements for food and gasoline retailers in conducting and 
advertising games of chance by requiring disclosure of odds-of-winning 
and prize information in broadcast and print advertisements, as well as 
in point of sale information. In January, 1983, the Commission granted 
a temporary partial exemption to allow supermarkets and gas stations to 
advertise their games on radio and television without disclosing full 
information on prizes and odds-of-winning. In addition, the Commission 
also published an Advance Notice of Proposed Rulemaking on whether to 
make the broadcast exemption permanent. Finally, the Commission has 
proposed to reduce the recordkeeping requirements of the Rule from 
three years to one year in keeping with the goals of the Paperwork 
Reduction Act, and requested public comment on other possible areas 
where amendments to the Rule may be appropriate. The Rule benefits 
consumers by allowing contestants to enter games of chance with full 
knowledge of all material information to enable equal competition for 
(cont)

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Promulgation of Original Rule   08/19/69                    34 FR 13302
ANPRM                           01/04/83                      48 FR 265
Temporary Partial Exemption     01/10/83                     48 FR 1046
NPRM                            07/07/88                    53 FR 25503
Staff Report                    01/15/94
Presiding Officer's Report      04/00/94
Commission Consideration of 
Staff Recommendations           10/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: ABSTRACT CONT: prizes. The major costs to 
industry are the possible burdensomeness of the electronic media 
disclosure and recordkeeping provisions of the Rule, both of which have 
been reconsidered. The Commission issued an NPRM on July 7, 1988 to 
consider amendments that would reduce the burden of the Rule's 
recordkeeping and disclosure requirements.

Agency Contact: John M. Mendenhall, Federal Trade Commission, Cleveland 
Regional Office, Suite 520A, 668 Euclid Ave., Cleveland, Ohio 44114, 
216 522-4207

RIN: 3084-AA24
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FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage
  
  
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4861. APPLIANCE LABELING RULE--ENERGY POLICY AND CONSERVATION ACT

Legal Authority:  Sec 324 of the Energy Policy and Conservation Act; PL 
94-163 (1975) 42 U.S.C. 6294

CFR Citation:  16 CFR 305

Legal Deadline: None

Abstract: The Energy Policy and Conservation Act is designed to enable 
consumers to conserve energy by comparing the energy use of competing 
appliances and use that information in purchasing decisions. The 
statute requires the Commission to issue a labeling rule prescribing 
the disclosure of the estimated annual cost of operation (or another 
measure of energy use) for certain categories of major household 
appliances. The statute also requires that the disclosures be based on 
standardized test procedures prescribed by the Department of Energy 
(DOE). In 1979, the Commission promulgated the Appliance Labeling Rule, 
which was amended in 1987, 1990, and 1993. The Rule covers nine product 
categories: (1) refrigerators, refrigerator-freezers and freezers; (2) 
dishwashers; (3) clothes washers; (4) water heaters; (5) room air 
conditioners; (6) furnaces; (7) central air conditioners and heat 
pumps; (8) fluorescent lamp ballasts; and (9) plumbing products. The 
Rule requires that specific energy costs or efficiency or water use 
information for covered products be disclosed in catalogues and at the 
points of sale in the form of a yellow and black ``EnergyGuide'' label 
(cont)

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM (Comprehensive Review)     06/13/88                    53 FR 22106
Commission Consid. of NPRM (Pool 
Heaters)                        01/21/93
Publication of NPRM (Pool 
Heaters)                        02/09/93                     58 FR 7852
Commission Consid. of Further 
Limited NPRM (Comp. Review)     02/16/93
Publication of Limited NPRM 
(Comp. Review)                  03/05/93                    58 FR 12818
Commission Consideration of NPRM 
(Plumbing Rule)                 04/26/93
Publication of NPRM (Plumbing 
Rule)                           05/05/93                    58 FR 26715
Publication of Final Rule 
(Plumbing Rule)                 10/25/93                    58 FR 54955
Publication of NPRM (Lamp Rule) 11/15/93                    58 FR 60147
Publication of Final Rule 
(Lamps)                         04/25/94
Commission Consideration of NPRM 
(Lamp Rule)                     04/00/94
Publication of Final Rule (Pool 
Heaters)                        05/15/94
Publication of Final Rule (Comp. 
Review)                         05/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: ABSTRACT CONT: (fact sheets are required for 
furnaces, fact sheets or listing in an industry directory are required 
for central air conditioners and heat ballasts). The Rule also mandates 
that energy-use-related advertisements be based on the DOE test 
procedures. Under a directive in the Energy Policy Act of 1992, the 
Commission amended the Rule to require the disclosure of the water 
usage of certain plumbing products (showerheads, faucets, water closets 
and urinals). These disclosures must be made starting in October 1994. 
The Commission also has proposed requirements to disclose the energy 
usage of certain incandescent and fluorescent lamp products, pursuant 
to the Energy Policy Act. These amendments are to be promulgated by 
April 25, 1994. Under the Comprehensive Review, the Commission is 
considering proposed amendments to the Rule to make the Rule's energy 
use disclosure scheme more efficient for consumers and businesses. The 
Commission also has published for comment a proposal to label a new 
category (pool heaters) and two new types of water heaters.

Agency Contact: James Mills, Federal Trade Commission, Division of 
Enforcement, Bureau of Consumer Protection, Washington, DC 20580, 202 
326-3035

RIN: 3084-AA26
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FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage
  
  
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4862. REGULATORY REVIEW

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 41 et seq

Legal Deadline: None

Abstract: The Commission is conducting a ten-year review of current 
rules and guides to identify any that should be modified or rescinded. 
At the beginning of the year, the Commission published a notice in the 
Federal Register listing the specific rules and guides to be reviewed 
during that year. See 59 FR 2955 (January 20, 1994). During the year, 
the Commission will publish separate notices in the Federal Register 
for each such rule or guide, soliciting comments about its costs and 
benefits and regulatory and economic impact. Where rulemaking 
timetables have been established for such items, they are included in 
this Agenda. However, no determination about whether to modify or 
rescind a rule, regulation, guide or interpretation or any other 
procedural option should be inferred from the Commission's decision to 
publish a request for comments. In certain instances, the reviews will 
also address other specific matters or issues, such as reviews mandated 
by the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Rule Review Continuing          00/00/00

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Flexibility Act, 5 USC 601 et. seq.

Agency Contact: Kent Howerton, Division of Enforcement, Federal Trade 
Commission, Bureau of Consumer Protection, Washington, DC 20580, 202 
326-3013

RIN: 3084-AA47
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FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage
  
  
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4863. REGULATIONS UNDER THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
EDUCATION ACT OF 1986

Legal Authority:  15 USC 4401

CFR Citation:  16 CFR 307

Legal Deadline: None

Abstract: The Comprehensive Smokeless Tobacco Act of 1986 requires 
health warnings on all packages and advertising for smokeless tobacco. 
The initial regulations allowed the warning on promotional materials to 
be rotated on the basis of the date the materials were disseminated, or 
the date of order or manufacture, and exempted utilitarian items. In 
1991, the Commission amended its regulations to delete the exemptions 
for utilitarian items, and to require that the warnings on utilitarian 
items be rotated according to the date of dissemination, rather than 
the date of order or manufacture. At the same time, the Commission 
determined to modify the rotation method for promotional materials to 
require that the warnings rotate according to dissemination date. On 
January 15, 1993, the FTC concluded that inadequate public comment had 
been received on the amended rotational plan for promotional items. 
Thus, the Commission deleted the amended requirements for promotional 
items, and offered the identical rotational plan for a 30-day public 
comment period. This matter is currently under (cont)

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Rule Promulgated                11/04/86                    51 FR 40015
Effective Date of Rule          02/27/87
NPRM                            07/31/89                    54 FR 31541
Final Rule                      03/20/91                    56 FR 11662
Effective Date of Amended Rule  04/19/91
NPRM (Promotional Items)        01/15/93                     58 FR 4875
Amendment to Final Rule         01/15/93                     58 FR 4874
NPRM (Racing Cars)              11/04/93                    58 FR 58810
Comment Period Ends (Racing 
Cars)                           02/01/94
Final Staff Recommendation 
(Promotional Items)             04/15/94
Comm. Consid. of Staff Rec. 
(Racing Cars)                   05/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: ABSTRACT CONT: consideration. On a separate 
point, the Coalition on Smoking OR Health has petitioned the Commission 
to enforce the Smokeless Tobacco Act to require smokeless tobacco 
health warnings on sponsored racing cars, banners, flags, and other 
related objects bearing smokeless tobacco product brand names, logos, 
or selling messages. On October 26, 1993, the Commission issued an NPR, 
proposing a requirement that sponsored auto racing vehicles and all 
other event-related objects that bear the brand name or selling message 
of smokeless tobacco products display health warning labels. The notice 
was published in the Federal Register on November 4, 1993, for a thirty 
day comment period. The comment period, due to expire on December 3, 
1993, was extended by the Commission for an additional sixty days to 
February 1, 1994. Staff is preparing its recommendation to submit to 
the Commission.

Agency Contact: Phillip Priesman, Division of Advertising Practices, 
Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 
20580, 202 326-2484

RIN: 3084-AA48
_______________________________________________________________________


_______________________________________________________________________

FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage
  
  
_______________________________________________________________________
 
4864.  THE CARE LABELING RULE

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 423

Legal Deadline: None

Abstract: The Care Labeling Rule requires manufacturers and importers 
of textile wearing apparel to attach care labels to these items stating 
what regular care is needed for the ordinary use of the product. If dry 
cleaning is recommended, the label must state at least one type of 
solvent that may be used, (unless all commercially available types of 
solvent can be used) and must contain a warning against the use of any 
part of the normal dry cleaning procedure that would harm the product. 
The Rule also requires that the manufacturer or importer possess, prior 
to sale, a reasonable basis for the care instructions. The Rule 
currently requires that care instructions be stated in ``appropriate 
terms.'' It also states that ``any appropriate symbols may be used on 
care labels or care instructions, in addition to the required 
appropriate terms so long as the terms fulfill the requirements of this 
regulation.'' Although the Rule does not specifically state that the 
instructions must be in English, they usually are. The Commission will 
solicit comments this year on whether it is desirable to allow the use 
of symbols in lieu of language on care labels. The Commission is also 
(cont)

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Commission Consideration of 
Proposed ANPRM                  06/00/94
Publication of ANPRM            08/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: ABSTRACT CONT: conducting periodic reviews of 
current rules and guides to identify any that should be modified or 
rescinded. As part of this review, the Commission will solicit comments 
about the costs and benefits and regulatory and economic impact of the 
Care Labeling Rule.

Agency Contact: Constance Vecellio, Care Labeling Rule Coordinator, 
Division of Enforcement, Federal Trade Commission, Washington, DC 
20580, 202 326-2966

RIN: 3084-AA54
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_______________________________________________________________________

FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage
  
  
_______________________________________________________________________
 
4865.  LABELING REQUIREMENTS FOR ALTERNATIVE FUELS AND 
ALTERNATIVE FUELED VEHICLES

Legal Authority:  42 USC 13232(a)

CFR Citation:  16 CFR 309

Legal Deadline:  NPRM, Statutory, April 25, 1994. Final, Statutory, 
April 25, 1995.

Abstract: Section 406(a) of the Energy Policy Act of 1992, Pub. L. 102-
486, 106 Stat. 2776 (1992), directs the Commission to promulgate a rule 
establishing uniform labeling requirements for alternative fuels and 
alternative fueled vehicles. Once promulgated, the rule will require 
disclosure, to the greatest extent practicable, of information about 
the costs and benefits in order to help consumers make reasonable 
purchasing choices and comparisons. According to the Act, the labels 
must be simple, updated periodically, and where appropriate, 
consolidated with other labels providing information to consumers. In 
formulating its proposal, the Commission must give consideration to the 
problems associated with developing and publishing useful and timely 
cost and benefit information, taking into account lead time, costs, the 
frequency of changes in costs and benefits that may occur, and other 
relevant factors. The Commission issued an ANPRM on December 30, 1993.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

ANPRM                           12/10/93                    58 FR 64914
Publication of NPRM             04/00/94
Final Rule                      04/00/95

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Jeffrey E. Feinstein, Division of Enforcement, Bureau 
of Consumer Protection, Federal Trade Commission, Washington, DC 20580, 
202 326-2372

RIN: 3084-AA57
_______________________________________________________________________
  

_______________________________________________________________________

FEDERAL TRADE COMMISSION (FTC)                        Completed Actions
  
  
_______________________________________________________________________
 
4866. REVIEW OF THE FUNERAL INDUSTRY PRACTICES RULE

Legal Authority:  15 USC 45; 15 USC 46(g); 15 USC 57(a)

CFR Citation:  16 CFR 453

Legal Deadline: None

Abstract: The Funeral Industry Practices Rule, which became effective 
in 1984, requires sellers of funeral goods and services to give price 
lists to consumers who visit a funeral home, and to disclose price and 
other information to callers who request it over the telephone. The 
Rule enables consumers to select and purchase only the goods and 
services they want, except for those required by law and those basic 
services provided with all funeral arrangements, and requires funeral 
providers to seek authority before performing some services such as 
embalming. Following a mandated review of the Rule, the Commission has 
concluded that the low levels of industry compliance with, and consumer 
awareness of, the Rule do not permit a full cost-benefit analysis of 
its impact, because the analysis does not capture the full effects of 
the Rule had there been greater compliance. Despite this finding, the 
Commission has determined from the record evidence that the Rule is 
providing pro-competitive and informational benefits to consumers that 
outweigh its costs to providers, and that those benefits are

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Rule Promulgated                09/24/82                    47 FR 42260
Prohibitions Effective Date     01/01/84
Affirmative Requirements 
Effective Date                  04/30/84
ANPRM                           12/09/87                    52 FR 46706
NPRM                            05/31/88                    53 FR 19864
Hearings Ended                  02/03/89
Staff Report                    06/29/90
FR Notice Inviting Public 
Comment                         07/30/90                    55 FR 30925
Presiding Officer's Report      07/30/90                    55 FR 30925
Comment Period End              10/15/90
Final Staff Recommendation to 
Commission                      06/20/91
Oral Presentation to Commission 11/21/91
Initial Commission Vote         01/28/93
Draft SBP and Final Amended Rule 
to Commission                   05/28/93
Commission Vote to Promulgate   12/23/93
Final Action                    01/11/94                     59 FR 1592
Final Action Effective          07/19/94

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: ABSTRACT CONT: likely to increase over time as 
compliance with the Rule, and consumer awareness of their rights under 
the Rule, increase. The Commission has therefore concluded that the 
rulemaking record supports retention of the Rule without repeal or 
substantial modification of its primary itemization, price and other 
disclosure requirements. As amended, the Rule will prohibit funeral 
providers from charging a ``casket-handling'' fee in addition to any 
non-declinable basic-services fee, and will delete the affirmative 
telephone-disclosure requirements, which currently require funeral 
providers to tell persons who call and ask about the terms, conditions, 
or prices of funeral goods or services offered that price information 
is available over the telephone. The amendments become effective on 
July 19, 1994.

Agency Contact: Matthew Daynard, Federal Trade Commission, Division of 
Service Industry Practices, Bureau of Consumer Protection, Washington, 
DC 20580, 202 326-3291

RIN: 3084-AA05
_______________________________________________________________________


_______________________________________________________________________

FEDERAL TRADE COMMISSION (FTC)                        Completed Actions
  
  
_______________________________________________________________________
 
4867. MAIL ORDER MERCHANDISE

Legal Authority:  15 USC 41 et seq Federal Trade Commission Act

CFR Citation:  16 CFR 435

Legal Deadline: None

Abstract: The Mail Order Merchandise Rule requires mail order sellers 
to possess a reasonable basis for any claims made concerning shipping 
dates and, in the absence of any specifically stated date, to ship the 
ordered merchandise within thirty (30) days of receipt of an order. In 
the event of delays in shipment, the Rule establishes notification 
procedures whereby buyers have the option either to agree to the delay 
or to cancel the order and receive a prompt refund. On October 17, 
1988, the Commission commenced a rulemaking to amend the Rule to cover 
orders placed by telephone, and to change the Rule's definition of 
``properly completed order'' for credit sales to the time the seller 
receives sufficient information to charge the buyer's account. The 
Notice of Proposed Rulemaking was published on November 28, 1989. The 
deadline for filing written comments was January 29, 1990. Public 
hearings were held on March 28, 1990, and April 19, 1990. The record 
closed on September 10, 1991. Both the staff and Presiding Officer in 
the rulemaking recommended that the Commission amend the Rule to cover 
telephone order merchandise and change the definition of ``properly 
completed order'' as proposed. (cont)

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Rule Promulgated                10/22/75                    40 FR 49492
Begin Reg Flex Act Review       10/20/83
End Reg Flex Review             06/10/86                    51 FR 20991
ANPRM                           10/27/88                    53 FR 43448
NPRM Published                  11/28/89                    54 FR 49060
Staff Report Placed on Public 
Record                          07/19/91
Notice of Reports and Invitation 
to Comment                      09/10/91                    56 FR 46133
Presiding Officer's Report on 
Public Record                   09/10/91
Post-Record Comments Placed on 
Public Record                   11/08/91
Final Staff Recommendations to 
Commission                      07/02/92
Oral Presentation by Interested 
Parties                         11/03/92
Commission Consideration of 
Staff Recommendations           11/18/92
Commission Vote Re: Deletion of 
Rebuttable Presumptions         03/01/93
Staff Submission of Draft 
Statement of Basis and Purposes 03/22/93
Final Action                    09/21/93                    58 FR 49095
Final Action Effective          03/01/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: On September 10, 1991, 
interested parties were invited to comment on the Staff and Presiding 
Officer recommendations. Five post-record comments were placed on the 
public record on November 8, 1991. After summarizing the comments staff 
sent its final recommendation to the Commission on July 2, 1992. Two 
interested parties made oral presentations before the Commission on 
November 3, 1992. On September 3, 1993, the Commission voted to amend 
the Rule to cover telephone-order merchandise; to define the term 
``telephone'' to include any direct or indirect use of the telephone to 
order merchandise; to amend the definition of ``receipt of a properly 
completed order'' for credit sales to refer to the time sufficient 
information is received to charge the buyer's account; to increase the 
shipment or notice deadline for orders accompanied by applications for 
first-time credit from 30 to 50 days; and to delete the rebuttable 
presumptions from section 435.1(b)(3). The effective date is March 1, 
1994.

Agency Contact: Joel N. Brewer, Federal Trade Commission, Division of 
Enforcement, Bureau of Consumer Protection, Washington, DC 20580, 202 
326-2967

RIN: 3084-AA19
_______________________________________________________________________


_______________________________________________________________________

FEDERAL TRADE COMMISSION (FTC)                        Completed Actions
  
  
_______________________________________________________________________
 
4868. FRANCHISE RULE

Legal Authority:  15 USC 41 et seq, Federal Trade Commission

CFR Citation:  16 CFR 436

Legal Deadline: None

Abstract: On December 21, 1978, the Commission issued a Trade 
Regulation Rule applicable to franchises and other business opportunity 
ventures. The Franchise Rule took effect on October 21, 1979. The Rule 
requires franchisors to give pre-sale disclosures to prospective 
investors before they pay money or become legally bound to pay. The 
disclosures provide material information and are designed to assure 
that potential investors have the information they need to investigate 
the franchise offer so they can make an informed investment decision. 
In 1989, the Commission published an ANPRM to consider whether to amend 
the Rule's earnings claim and preemption provisions. On February 5, 
1991, the Commission deferred this decision, pending receipt of 
academic and other studies of the impact of streamlined earnings claim 
disclosure requirements and information regarding any inconsistencies 
in State franchise laws. The record was held open until August 6, 1992, 
for receipt of this evidence and related comments. On December 30, 
1993, the Commission decided to terminate the rulemaking because it was 
not persuaded (cont)

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

ANPRM                           02/16/89                     54 FR 7041
Notice of Reopening Record for 
Additional Evidence             02/13/91                     56 FR 5783
Record Closed                   08/06/92
Review of Comments              10/31/92
Staff Recommendations to 
Commission                      08/16/93
Final Action                    12/30/93                    58 FR 69223

Small Entities Affected: None

Government Levels Affected: State

Additional Information: ABSTRACT CONT: that amending the earnings claim 
or preemption provisions of the Rule would be in the public interest.

Agency Contact: Craig Tregillus, Franchise Rule Coordinator, Federal 
Trade Commission, Division of Marketing Practices, Washington, DC 
20580, 202 326-2970

RIN: 3084-AA38
_______________________________________________________________________


_______________________________________________________________________

FEDERAL TRADE COMMISSION (FTC)                        Completed Actions
  
  
_______________________________________________________________________
 
4869. FAIR PACKAGING AND LABELING ACT REGULATIONS

Legal Authority:  Fair Packaging and Labeling Act; PL 89-755, as 
amended; 15 USC 1451

CFR Citation:  16 CFR 500; 16 CFR 501; 16 CFR 502; 16 CFR 503

Legal Deadline: None

Abstract: The Fair Packaging and Labeling Act (FPLA) requires consumer 
commodities to be marked with statements of: (1) identity; (2) net 
quantity of contents; and (3) name and place of the business of 
manufacturer, packer, or distributor. These requirements serve FPLA's 
stated purpose of ``enabling consumers to obtain accurate information 
as to the quantity of the contents and ... to facilitate value 
comparisons.'' The FTC is responsible for FPLA enforcement regarding 
all consumer commodities other than foods, drugs, and cosmetics, and 
pursuant to Section 6(b) of FPLA, the Commission promulgated the 
implementing regulations found in 16 CFR Parts 500, 501, 502, and 503. 
Pursuant to 1992 amendments to the FPLA, the Commission has amended 
these regulations to require the use of the units of both the customary 
inch/pound measurement system and the metric measurement system in the 
net quantity statement for certain consumer commodities. The amended 
regulations became effective on February 14, 1994.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Commission Consideration of NPRM08/02/93
Publication in Federal Register 
of NPRM                         08/17/93                    58 FR 43726
Final Action                    01/13/94                     59 FR 1862
Final Action Effective          02/14/94

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Bret S. Smart, Los Angeles Regional Office, Federal 
Trade Commission, 11000 Wilshire Boulevard, Ste. 13209, Los Angeles, CA 
90024, 310 575-7975

RIN: 3084-AA46
[FR Doc. 94-7135 Filed 04-22-94; 8:45 am]
BILLING CODE 6750-01-F
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