[The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[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

[[Page 63508]]



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 the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996, title II of Public Law 104-121, 110 Stat. 847. 
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 of action 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.

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of 
Federal Regulatory and Deregulatory Actions includes The Regulatory 
Plan, which appears in Part II of this issue of the Federal Register. 
FTC's Statement of Regulatory Priorities is included in Part II.

By direction of the Commission.

Donald S. Clark,

Secretary.

                                               Proposed Rule Stage                                              
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                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
4643        Premerger Notification Rules and Report Form..........................................    3084-AA23 
4644        Games of Chance in the Food Retailing and Gasoline Industries Rule....................    3084-AA24 
4645        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48 
4646        Rules and Regulations Under the Wool Products Labeling Act of 1939....................    3084-AA50 
4647        Rules and Regulations Under the Fur Products Labeling Act.............................    3084-AA51 
4648        Rules and Regulations Under the Textile Fiber Products Identification Act.............    3084-AA52 
4649        The Care Labeling Rule................................................................    3084-AA54 
4650        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation......    3084-AA60 
4651        Trade Regulation Rule on Franchising and Business Opportunity Ventures................    3084-AA63 
4652        Deceptive Advertising and Labeling of Previously Used Lubricating Oil.................    3084-AA71 
4653        Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions...    3084-AA72 
4654        Rule Governing the Pre-Sale Availability of Written Warranty Terms....................    3084-AA73 
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                                                Long-Term Actions                                               
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                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
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4655        Amended Federal Deposit Corporation Improvement Act...................................    3084-AA44 
4656        Regulatory Review.....................................................................    3084-AA47 
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                                                Completed Actions                                               
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                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
4657        Trade Regulation Rule for the Incandescent Lamp (Light Bulb) Industry.................    3084-AA61 
4658        Trade Regulation Rule Concerning Misbranding and Deception as to Leather Content of                 
            Waist Belts...........................................................................    3084-AA62 
4659        Appliance Labeling Rule--Energy Policy and Conservation Act...........................    3084-AA74 
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[[Page 63509]]

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FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage


  



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4643. PREMERGER NOTIFICATION RULES AND REPORT FORM

Priority:  Substantive, Nonsignificant

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 proposed modifications to the Premerger Notification and 
Report form during fiscal year 1994. In March 1996, the Commission 
promulgated rules amending the Rule's treatment of acquisitions of 
goods or realty made in the ordinary course of business and adding new 
exemptions for acquisitions of realty and carbon-based mineral 
reserves. In addition, on August 9, 1995, the Commission published a 
final rule that removed 16 CFR part 800, the transitional rule 
addressing the treatment of acquisitions consummated before, and 
notification filed on or before September 5, 1978.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    09/30/81
NPRM - Ordinary Course          09/24/85                    50 FR 38742
NPRM - HSR Form Changes         06/14/94                    59 FR 30545
NPRM - Ordinary Course          07/28/95                    60 FR 38930
Part 800 Repealed               08/09/95                    60 FR 40704
Final Rule- Ordinary Course     07/01/96                    61 FR 13666
NPRM - HSR - Form Changes       10/00/96

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 3084-AA23
_______________________________________________________________________




4644. GAMES OF CHANCE IN THE FOOD RETAILING AND GASOLINE INDUSTRIES RULE

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  15 USC 41 et seq

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 
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 Commission issued 
an NPRM on July 7, 1988 to consider amendments that would reduce the 
burden of the Rule's recordkeeping and disclosure requirements. On July 
26, 1995, the presiding officer reopened the record for additional 
public comment, particularly with regard to whether there is a 
continuing need for this Rule. On June 7, 1996, the Commission 
announced that the Presiding Officer's Report and the final Staff 
Report, both recommending repeal of the Rule, had been placed on the 
public record. See 61 FR 29039. Although this rulemaking was commenced 
prior to the Reinventing Government Initiative, it has been included as 
part of that Initiative because further proceedings in this matter will 
be consistent with that Initiative.

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
Reopened Record                 07/26/95                    60 FR 38474
Comment Period End              09/25/95
Announcement of Staff Report/ 
Presiding Officer's Report      06/07/96                    61 FR 29039
Comment Period End              08/06/96
Commission Consideration of 
Staff Recommendations           10/00/96

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 3084-AA24
_______________________________________________________________________




4645. REGULATIONS UNDER THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
EDUCATION ACT OF 1986

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 4401

CFR Citation:  16 CFR 307

Legal Deadline: None

Abstract: The Comprehensive Smokeless Tobacco Health Education Act of 
1986 requires health warnings on all packages and advertising for 
smokeless tobacco. The Commission published an NPR on February 14, 1995

[[Page 63510]]

seeking public comment on whether the regulations governing the 
rotation schedule for utilitarian objects should be amended. The 
comment period expired on April 14, 1995. The Commission amended the 
smokeless tobacco regulations to permit rotation of the mandated health 
warnings on utilitarian items and promotional materials based on either 
the date the item or material is ordered from a supplier or the date it 
is disseminated to the public, provided the production of such items is 
carried out in a manner consistent with ordinary business practices. On 
a separate point, the Coalition on Smoking or Health petitioned the 
Commission to enforce the Smokeless Tobacco Act by requiring 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 and proposed 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. 
Staff is preparing its recommendations to the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (Promotional Items)        01/15/93                     54 FR 4875
NPRM (Racing Cars)              11/04/93                    58 FR 58810
Comment Period End (Racing Cars)02/01/94
NPRM (Utilitarian Items)        02/14/95                     60 FR 8312
Comment Period End (Utilitarian 
Items)                          04/14/95
Final Staff Recommendation 
(Promotional Items)             05/17/96
Final Staff Recommendations 
(Utilitarian Items)             05/17/96
Final Action (Promotional Items)08/30/96                    61 FR 45883
Final Action (Utilitarian Items)08/30/96                    61 FR 45883
Commission Action (Racing Cars) 10/00/96
Final Staff Recommendation 
(Racing Cars)                   01/00/97

Small Entities Affected: Undetermined

Government Levels Affected: None

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

RIN: 3084-AA48
_______________________________________________________________________




4646. RULES AND REGULATIONS UNDER THE WOOL PRODUCTS LABELING ACT OF 1939

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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 
requested 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. 
Although this rulemaking was commenced prior to the Reinventing 
Government Initiative, it has been included as part of that Initiative 
because further proceedings in connection with this matter will be 
consistent with that Initiative.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Reg Review                05/06/94                    59 FR 23645
Extension of Comment Period     09/12/94                    59 FR 46778
Comment Period End              10/15/94
NPRM                            10/00/96
Comment Period End              01/00/97
Recommendation to Commission    03/00/97

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Bret S. Smart, Federal Trade Commission, Los Angeles 
Regional Office, 11000 Wilshire Boulevard, Ste. 13209, Los Angeles, CA 
90024
Phone: 310 235-4016

RIN: 3084-AA50
_______________________________________________________________________




4647. RULES AND REGULATIONS UNDER THE FUR PRODUCTS LABELING ACT

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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

[[Page 63511]]

CFR 301. As part of its systematic review of all current Commission 
regulations and guides, the Commission requested 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. Although this rulemaking was 
commenced prior to the Reinventing Government Initiative, it has been 
included as part of that Initiative because further proceedings in 
connection with this matter will be consistent with that Initiative.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Reg Review                05/06/94                    59 FR 23645
Extension of Comment Period     09/12/94                    59 FR 46778
Comment Period End              10/15/94
NPRM                            10/00/96
Comment Period End              11/00/96
Recommendations to Commission   01/00/97

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
Phone: 310 235-4016

RIN: 3084-AA51
_______________________________________________________________________




4648. RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS 
IDENTIFICATION ACT

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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 requested 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. Although this rulemaking was commenced prior to the 
Reinventing Government Initiative, it has been included as part of that 
Initiative because further proceedings in connection with this matter 
are consistent with that Initiative. The Commission is seeking further 
comments on proposals to revise the Rule to eliminate unnecessary 
disclosures and to streamline labeling requirements in a manner that 
will facilitate uniform labels for products sold in NAFTA countries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Reg Review                05/06/94                    59 FR 23646
Extension of Comment Period     09/12/94                    59 FR 46779
Comment Period End              10/15/94
Recommendations to Commission   12/15/95
NPRM                            02/12/96                     61 FR 5340
NPRM Comment Period End         05/13/96
Recommendation to Commission    01/00/97

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
Phone: 310 235-4016

RIN: 3084-AA52
_______________________________________________________________________




4649. THE CARE LABELING RULE

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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 cleaning instructions 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 has 
tentatively decided to grant a conditional exemption allowing the use, 
in lieu of words, of the symbol system developed by the American 
Society for Testing and Manufacturing and has solicited comment on this 
tentative decision. The Commission has also published an Advance Notice 
of Proposed Rulemaking soliciting comment on whether it is desirable to 
require washing instructions for all washable garments; on whether the 
reasonable basis requirements of the Rule should be changed; and on 
other technical issues. Although this rulemaking was commenced prior to 
the Reinventing Government Initiative, it has been included as part of 
that Initiative because further proceedings

[[Page 63512]]

in this matter are consistent with the Initiative.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Reg Review                06/15/94                    59 FR 30733
Comment Period End              10/15/94
Recommendation to Commission    10/17/95
Request for Comment/ Exemption  11/16/95                    60 FR 57552
ANPRM                           12/28/95                    60 FR 67102
Comment Period End/Exemption    01/31/96
ANPRM Comment Period End        03/13/96
Recommendation to Commission/ 
Exemption                       10/00/96
Recommendation to Commission/NPR10/00/96
NPR                             11/00/96

Small Entities Affected: Undetermined

Government Levels Affected: None

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

RIN: 3084-AA54
_______________________________________________________________________




4650. TRADE REGULATION RULE CONCERNING THE LABELING AND ADVERTISING OF 
HOME INSULATION

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 460

Legal Deadline: None

Abstract: The Federal Trade Commission's Trade Regulation Rule 
Concerning the Labeling and Advertising of Home Insulation (``R-Value 
Rule'') became effective on September 29, 1980. The Rule is designed to 
assist consumers in evaluating and comparing the thermal performance 
characteristics of competing home insulation products. Specifically, 
the Rule requires manufacturers of home insulation products to provide 
information about the product's degree of resistance to the flow of 
heat (R-Value). The Rule also establishes uniform standards for 
testing, information disclosure and substantiation of product 
performance claims. As part of its systematic review of all current 
Commission rules and guides, the Commission requested comments on, 
among other things, the economic impact of, and the continuing need 
for, this Rule, possible conflicts between the Rule and state, local 
and other federal laws, and the effect on the Rule of any 
technological, economic, or other industry changes. At the same time, 
in response to a petition, the Commission proposed adopting a non- 
substantive amendment to the Rule that would allow, but not require, 
the use of an additional (fifth) test procedure for measuring R-value, 
and solicited comments on the proposed amendment. The Commission is 
considering the comments in two parts. In Part I, on March 28, 1996, 
the Commission reviewed the comments that addressed the current 
benefits, burdens and need for the Rule and determined to retain the 
Rule. The Commission also adopted non-substantive amendments that: (1) 
allow the optional use of the additional R-value test procedure; and 
(2) require use in the future of revised, current versions of other 
test procedures cited in the Rule. In Part II, the Commission will 
consider the comments recommending that the Commission adopt 
substantive revisions to the Rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/06/95                    60 FR 17492
Comment Period End              06/06/95
Commission Action/Part I        03/28/96                    61 FR 13659
Recommendation to Commission/ 
Part II                         12/00/96
Commission Action/Part II       02/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 3084-AA60
_______________________________________________________________________




4651. TRADE REGULATION RULE ON FRANCHISING AND BUSINESS OPPORTUNITY 
VENTURES

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 to 58

CFR Citation:  16 CFR 436

Legal Deadline: None

Abstract: The Federal Trade Commission's Trade Regulation Rule on 
Franchising and Business Opportunity Ventures (Franchise Rule) became 
effective on October 21, 1979. The Rule is designed to reduce deceptive 
and unfair practices in the sale of franchises and business 
opportunities by requiring the pre-sale disclosure of material 
information about the franchise. For example, the Rule requires 
franchisors to disclose their business background and litigation 
history, as well as the number of failed and terminated franchise 
units. The Rule also requires the disclosure of material terms of the 
franchise relationship, such as recurring fees and termination and 
renewal rights. The Rule further requires the franchisor to provide an 
audited financial statement for the past three fiscal years. Finally, 
the Rule requires any franchisor who makes earnings representations to 
provide the prospective franchisee with an earnings claims document 
that substantiates those claims. As part of its systematic review of 
all current Commission rules and guides, the Commission is requesting 
comments about the overall costs and benefits of the Rule and what 
effects, if any, have changes in relevant technology, economic 
conditions, and industry practices had on the Rule. The Commission may 
also consider other areas of the Rule, as appropriate. Two public 
workshops have been held, one on September 12, 1995, and the other on 
March 11, 1996.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/17/95                    60 FR 17656
Comment Period End              08/11/95
Public Workshop                 09/12/95
Public Workshop                 03/11/96
Recommendations to the 
Commission                      04/15/96
Final Commission Action         11/00/96

Small Entities Affected: Businesses

Government Levels Affected: State

Agency Contact: Steven Toporoff, Division of Marketing Practices, 
Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 
20580
Phone: 202 326-3135

RIN: 3084-AA63
_______________________________________________________________________




4652. DECEPTIVE ADVERTISING AND LABELING OF PREVIOUSLY USED LUBRICATING 
OIL

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing

[[Page 63513]]

Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 406

Legal Deadline: None

Abstract: The Used Oil Rule was promulgated by the Commission on August 
14, 1964, to prevent deception of consumers who prefer new and unused 
lubricating oil. The Rule requires that advertising, promotional 
material, and labels for lubricant made from used oil disclose such 
previous use. The Rule prohibits any representation that used 
lubricating oil is new or unused. In addition, it prohibits use of the 
term ``re-refined,'' or any similar term, to describe previously used 
lubricating oil unless the physical and chemical contaminants have been 
removed by a refining process. The Commission requested public comment 
on the proposed repeal of the Rule in July 1996. In 1980, the Rule's 
labeling disclosure requirements were suspended by the Used Oil 
Recycling Act until the Commission issued rules under the Energy Policy 
and Conservation Act (EPCA). Based on that suspension, in 1981, the 
Commission suspended the Rule's advertising and promotional materials 
disclosure requirements. In July 1995, the Commission received the test 
procedures from the National Institute of Standards and Technology that 
triggered promulgation of the Rule. On October 31, 1995, the Commission 
published the Recycled Oil Rule (covering recycled engine oil). Under 
EPCA, the Recycled Oil Rule preempts the Used Oil Rule's labeling and 
advertising requirements for engine oils. For non-engine oils, the Used 
Oil Rule's labeling disclosure provisions continue to be subject to the 
Congressional stay, and the advertising disclosure provisions continue 
to be subject to the Commission's stay. When it published the Recycled 
Oil Rule, the Commission stated that as part of its regulatory review 
process, it would consider the continuing need for the Used Oil Rule. 
Therefore, this proceeding has been included as part of the Reinventing 
Government Initiative because it may eliminate or revise CFR text to 
reduce burden or duplication, or streamline requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendation to Commission    03/01/96
ANPRM                           04/03/96                    61 FR 14686
ANPRM Comment Period End        05/03/96
NPRM                            07/26/96                    61 FR 39101
NPRM Comment Period End         08/26/96
Recommendation to Commission    10/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Neil Blickman, Division of Enforcement, Bureau of 
Consumer Protection, Federal Trade Commission, Washington, DC 20580
Phone: 202 326-3038

RIN: 3084-AA71
_______________________________________________________________________




4653. RULE GOVERNING DISCLOSURE OF WRITTEN CONSUMER PRODUCT WARRANTY 
TERMS AND CONDITIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 701

Legal Deadline: None

Abstract: The Rule Governing the Disclosure of Written Consumer Product 
Warranty Terms and Conditions (Rule 701) establishes requirements for 
warrantors for disclosing the terms and conditions of written 
warranties on consumer products actually costing the consumer more than 
$15.00. Rule 701 specifies the information that must appear in the 
written warranty, as well as the exact language that must be used for 
certain items. Under Rule 701, the information must be disclosed in 
simple, easily understood, and concise language in a single document. 
In addition to specifying the information that must appear in a written 
warranty, Rule 701 also requires that, in instances where the warrantor 
uses a warranty registration or owner registration card, the warranty 
must disclose whether that registration card is a condition precedent 
to warranty coverage. Finally, it provides that, in connection with 
``seal of approval'' programs, the disclosures do not have to be given 
in the actual seal itself, if they are made in a general circulation 
publication. As part of its systematic review of all current Commission 
regulations and guides, the Commission requested comments on, among 
other things, the economic impact of, and the continuing need for, the 
Rule, and State, local, and other Federal laws, and the effect on the 
rules of any technological, economic, or other industry changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    04/03/96                    61 FR 14688
Comment Period End              06/03/96
Recommendation to the Commission12/00/96
Final Commission Action         03/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carole I. Danielson, Division of Marketing Practices, 
Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 
20580
Phone: 202 326-3115

RIN: 3084-AA72
_______________________________________________________________________




4654. RULE GOVERNING THE PRE-SALE AVAILABILITY OF WRITTEN WARRANTY TERMS

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 702

Legal Deadline: None

Abstract: The Rule Governing the Pre-Sale Availability of Written 
Warranty Terms (Rule 702) establishes requirements for sellers and 
warrantors for making the terms of a written warranty available to the 
consumer prior to sale. Among other things, the Rule requires sellers 
to make warranty information readily available either by (1) displaying 
it in close proximity to the product or (2) furnishing it on request 
and posting signs in prominent locations advising consumers that 
warranty information is available. The Rule requires warrantors to 
provide materials to enable sellers to comply with the rule's 
requirements, and also sets out the methods by which warranty 
information can be made available prior to the sale of the product in 
instances where the product is sold through catalogs, through mail 
order or through door-to-door sales. The Commission is reviewing this 
Rule as part of its systematic review of all current Commission 
regulations and guides. The Commission has sought comments on, among 
other things, the

[[Page 63514]]

economic impact of, and the continuing need for, this Rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    04/03/96                    61 FR 14688
Comment Period End              06/03/96
Recommendation to the Commission12/00/96
Final Commission Action         03/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carole I. Danielson, Division of Marketing Practices, 
Bureu of Consumer Protection, Federal Trade Commission, Washington, DC 
20580
Phone: 202 326-3115

RIN: 3084-AA73
_______________________________________________________________________


FEDERAL TRADE COMMISSION (FTC)                        Long-Term Actions


  



_______________________________________________________________________




4655. AMENDED FEDERAL DEPOSIT CORPORATION IMPROVEMENT ACT

Priority:  Substantive, Nonsignificant

CFR Citation:  Not yet determined

Timetable: Next Action Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: State

Agency Contact: Carole Reynolds
Phone: 202 326-3230

RIN: 3084-AA44
_______________________________________________________________________




4656. REGULATORY REVIEW

Priority:  Other Significant

CFR Citation:  16 CFR 1 et seq

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Rule Review Continuing          00/00/00

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Kent Howerton
Phone: 202 326-3013

RIN: 3084-AA47
_______________________________________________________________________


FEDERAL TRADE COMMISSION (FTC)                        Completed Actions


  



_______________________________________________________________________




4657. TRADE REGULATION RULE FOR THE INCANDESCENT LAMP (LIGHT BULB) 
INDUSTRY

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 409

Legal Deadline: None

Abstract: The Federal Trade Commission's Trade Regulation Rule for the 
Incandescent Lamp (Light Bulb) Industry became effective on January 25, 
1971. The Rule was designed to assist consumers in making informed 
purchases of light bulbs for specific needs. Specifically, the Rule 
required the disclosures of, in accordance with uniform specifications, 
the electrical power consumed (expressed as average initial wattage), 
the light output (expressed as average initial lumens), and the average 
laboratory life (expressed in hours) on light bulb packages. In 
addition, the average initial wattage and design voltage was required 
to appear on the bulbs themselves. As part of its systematic review of 
all current Commission rules and guides, the Commission requested 
comment on, among other things, the economic impact of and the 
continuing need for, this Rule, possible conflicts between the Rule and 
state, local and other federal laws, and the effect on the Rule of any 
technological, economic, or other industry changes. The Commission also 
requested comment as to whether it should modify provisions of the Rule 
that duplicate or overlap with provisions in the Appliance Labeling 
Rule. This rulemaking was included as part of the Reinventing 
Government Initiative because it was expected that further proceedings 
in this matter might result in revisions to CFR text to reduce burden 
or duplication, or streamline requirements, and therefore, would be 
consistent with that Initiative. The Commission repealed the Light Bulb 
Rule on June 27, 1996.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments/ ANPR      04/06/95                    60 FR 17491
Comment Period End              08/07/95
Recommendation to the Commission11/09/95
Commission Action               12/27/95
NPRM                            02/06/96                     61 FR 4382
Comment Period End              03/07/96
Recommendation to Commission    05/21/96
Final Action                    06/27/96                    61 FR 33308
Final Action Effective          06/27/96

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 3084-AA61
_______________________________________________________________________




4658. TRADE REGULATION RULE CONCERNING MISBRANDING AND DECEPTION AS TO 
LEATHER CONTENT OF WAIST BELTS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 405

Legal Deadline: None

[[Page 63515]]

Abstract: The Federal Trade Commission's Trade Regulation Rule 
Concerning Misbranding and Deception as to Leather Content of Waist 
Belts (Leather Belt Rule) made it an unfair method of competition and 
an unfair and deceptive act or practice to misrepresent a belt's 
leather content or the type of animal hide or skin from which the belt 
is made. The Rule also prohibited the sale or distribution of belts 
without adequate disclosures as to their leather content or type of 
animal hide or skin if the appearance of the product would deceive 
consumers. As part of its systematic review of all current Commission 
rules and guides, the Commission requested comments on, among other 
things, the economic impact of, and the continuing need for, this Rule, 
possible conflicts between the Rule and state, local and other federal 
laws, and the effect on the Rule of any technological, economic, or 
other industry changes. After reviewing the comments, the Commission 
announced that, in order to avoid unnecessary duplication, it had 
decided to initiate a rulemaking proceeding to repeal the Rule. 
Proposed new Guides for Select Leather and Imitation Leather Products 
(See 60 FR 48056, September 18, 1995) will cover leather belts, as well 
as various other other products. The Leather Belt Rule was repealed on 
May 22, 1996.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/27/95                    60 FR 15725
Comment Period End              05/26/95
Recommendation to the Commission07/21/95
ANPRM                           09/18/95                    60 FR 48070
ANPRM Comment Period End        10/18/95
NPRM                            03/05/96                     61 FR 8499
NPRM Comment Period End         04/04/96
Final Action                    05/22/96                    61 FR 27222
Final Action Effective          05/30/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Lemuel Dowdy, Federal Trade Commission, Division of 
Enforcement, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-2981 Edwin Rodriguez, Federal Trade Commission, Division 
of Enforcement, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-3147

RIN: 3084-AA62
_______________________________________________________________________




4659. APPLIANCE LABELING RULE--ENERGY POLICY AND CONSERVATION ACT

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  Sec 324 of the Energy Policy and Conservation Act; PL 
94-163; 42 USC 6294

CFR Citation:  16 CFR 305

Legal Deadline: None

Abstract: The Energy Policy and Conservation Act was enacted to enable 
consumers to conserve energy by comparing the energy use of competing 
appliances (and other products) and to use that information in their 
purchasing decisions. The statute required 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 was later amended to apply 
to plumbing and lamp products. The statute required that the 
disclosures for all covered products 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 
substantively in 1987, 1990, 1993, and twice in 1994. The Rule now 
covers 11 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; (9) certain plumbing 
products; (10) certain lamp products; and (11) pool heaters. For 
household appliances, the Rule requires that energy consumption or 
efficiency information be disclosed in catalogs and at the point of 
sale in the form of yellow and black EnergyGuide labels. In addition, 
fact sheets or listing in an industry directory are required for 
furnaces, central air conditioners and heat pumps. For fluorescent lamp 
ballasts, the Rule requires disclosure of an encircled E logo; for 
plumbing products, a marking of the water use rate on the product; and, 
for lamp products, the disclosure of energy usage and performance 
information on packages and in catalogs. The Rule also mandates that 
energy-use-related advertisements for covered products be based on the 
DOE test procedures. The Commission recently amended the Rule to permit 
placement of energy use labels required by Canada and Mexico adjacent 
to the EnergyGuide label, thus facilitating trade among the North 
American Free Trade Agreement countries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendation to Commission    01/26/96
NPRM                            02/22/96                     61 FR 6801
NPRM                            02/22/96                     61 FR 6801
NPRM Comment Period End         04/08/96
NPRM Comment Period End         04/08/96
Recommendation to Commission    05/21/96
Final Action                    06/18/96                    61 FR 33651
Final Action                    06/18/96                    61 FR 33651
Final Action Effective          06/28/96

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 3084-AA74
[FR Doc. 96-25330 Filed 11-27-96; 8:45 am]
BILLING CODE 6750-01-F