[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 LVI



Federal Trade Commission



_______________________________________________________________________

Semiannual Regulatory Agenda

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FEDERAL TRADE COMMISSION (FTC)                                         


  



_______________________________________________________________________

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.

By direction of the Commission.

Donald S. Clark,

Secretary.

                                                  Prerule Stage                                                 
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
4191        Rules and Regulations Under the Fur Products Labeling Act.............................    3084-AA51 
4192        Trade Regulation Rule on Franchising and Business Opportunity Ventures................    3084-AA63 
4193        Rule Governing Informal Dispute Settlement Procedures.................................    3084-AA75 
4194        Trade Regulation Rule Concerning the Use of Negative Option Plans by Sellers in                     
            Commerce..............................................................................    3084-AA76 
4195        Deceptive Use of ``Leakproof,'' ``Guaranteed Leakproof,'' Etc., as Descriptive of Dry               
            Cell Batteries........................................................................    3084-AA77 
4196        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act               
            of 1992...............................................................................    3084-AA78 
4197        Rules and Regulations Under the Hobby Protection Act (Section 610 Review).............    3084-AA79 
4198        Trade Regulation Rule on Ophthalmic Practice Rules....................................    3084-AA80 
4199        Trade Regulation Rule Concerning Power Output Claims for Amplifiers Utilized in Home                
            Entertainment Products................................................................    3084-AA81 
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                                               Proposed Rule Stage                                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
4200        Premerger Notification Rules and Report Form..........................................    3084-AA23 
4201        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48 
4202        Rules and Regulations Under the Wool Products Labeling Act of 1939....................    3084-AA50 
4203        Rules and Regulations Under the Textile Fiber Products Identification Act.............    3084-AA52 
4204        The Care Labeling Rule................................................................    3084-AA54 
4205        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation......    3084-AA60 
4206        Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions...    3084-AA72 
4207        Rule Governing the Pre-Sale Availability of Written Warranty Terms....................    3084-AA73 
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                                                Long-Term Actions                                               
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
4208        Amended Federal Deposit Corporation Improvement Act...................................    3084-AA44 
4209        Regulatory Review.....................................................................    3084-AA47 
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                                                Completed Actions                                               
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                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
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4210        Games of Chance in the Food Retailing and Gasoline Industries Rule....................    3084-AA24 
4211        Deceptive Advertising and Labeling of Previously Used Lubricating Oil.................    3084-AA71 
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage


  



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4191. 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 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. The Commission also sought comments on issues 
relating to the goal of harmonizing labeling requirements among North 
American Free Trade Agreement (NAFTA) countries.

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                            12/24/96                    61 FR 67748
Comment Period End              01/22/97
Recommendations to Commission   04/00/97

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
_______________________________________________________________________




4192. 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 requested 
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 has 
also considered 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. On February 28, 1997, the Commission announced in the 
Federal Register an Advance Notice of Proposed Rulemaking contemplating 
amendments to the Franchise Rule. The Commission is interested in 
ensuring that the Rule addresses new technologies and market practices 
and at the same time reduces any unnecessary regulatory burden.

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                    60 FR 34485
Public Workshop                 03/11/96                     61 FR 5969
ANPRM                           02/28/97                     62 FR 9115
Comment Period End              04/30/97

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

[[Page 22694]]

Phone: 202 326-3135

RIN: 3084-AA63
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4193.  RULE GOVERNING INFORMAL DISPUTE SETTLEMENT PROCEDURES

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 703

Legal Deadline: None

Abstract: The Rule Governing Informal Dispute Settlement Procedures 
(Rule 703) establishes minimum requirements for those informal 
settlement mechanisms (``IDSM'') that are incorporated by the warrantor 
into its consumer product warranty. By incorporating the IDSM into the 
warranty, the warrantor requires the consumer to use the IDSM before 
pursuing any legal remedies in court. Among other things, the Rule sets 
out the member qualifications, general operating procedures, and 
recordkeeping requirements of such IDSMs. The Rule also prescribes the 
duties of the warrantor in making consumers aware of the IDSM and how 
to use it, as well as the warrantor's duties to comply with the IDSM's 
requests and decisions. The Rule also requires IDSMs that operate under 
Rule 703 to submit annual audits to the Federal Trade Commission to 
determine their compliance with the Rule. As part of its systematic 
review of all current Commission regulations and guides, the Commission 
is requesting comments on, among other things, the economic impact of, 
and the continuing need for, the Rule; whether there are changes that 
might be made to the Rule that would increase consumer benefits or 
which might minimize cost to firms subject to its requirements; the 
degree to which it may conflict with other 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                    01/01/97
Request for Comments            04/00/97
Comment Period End              06/00/97
Recommendation to Commission    12/31/97
Final Commission Action         03/00/98

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-AA75
_______________________________________________________________________




4194.  TRADE REGULATION RULE CONCERNING THE USE OF NEGATIVE 
OPTION PLANS BY SELLERS IN COMMERCE

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 425

Legal Deadline: None

Abstract: The Trade Regulation Rule Concerning the use of Negative 
Option Plans by Sellers in Commerce (``Negative Option Rule'') governs 
a type of selling technique known as a negative option plan. Under such 
a plan, a seller and a subscriber enter into a contractual agreement 
whereby the seller will periodically sell merchandise to the subscriber 
by shipping merchandise to the subscriber even though the subscriber 
has not affirmatively ordered the merchandise. The Negative Option Rule 
requires sellers who use negative option plans to disclose the material 
terms of the plans clearly and conspicuously in their promotional 
materials. The Rule requires, in part, that the seller send to the 
subscriber an announcement, which identifies the merchandise the seller 
intends to send to the subscriber. The seller will then send the 
merchandise and bill the subscriber for it, unless the subscriber 
instructs the seller by a certain date not to send the merchandise. A 
negative option plan will often require a subscriber to purchase a 
minimum quantity of merchandise, after which the subscriber may cancel 
his membership. As part of its systematic review of all current 
Commission rules and guides, the Commission will request comments on, 
among other things, the economic impact of, and the continuing need 
for, this Rule, possible conflict between the Rule and state, local and 
other federal laws, and the effect on the Rule of any technological, 
economic, or other industry changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/31/97                    62 FR 15135
Comment Period End              06/02/97

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 3084-AA76
_______________________________________________________________________




4195.  DECEPTIVE USE OF ``LEAKPROOF,'' ``GUARANTEED LEAKPROOF,'' 
ETC., AS DESCRIPTIVE OF DRY CELL BATTERIES

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 403

Legal Deadline: None

Abstract: On May 20, 1964, the Commission promulgated as a trade 
regulation rule its determination that in connection with the sale of 
dry cell batteries in commerce, the use of the word ``leakproof,'' the 
term ``guaranteed leakproof,'' or any other word or term of similar 
import, or any abbreviation thereof, in advertising, labeling, marking 
or otherwise, as descriptive of dry cell batteries, constitutes an 
unfair method of competition and an unfair or deceptive act or practice 
in violation of section 5 of the FTC Act. The Dry Cell Battery Rule 
does not prohibit manufacturers or marketers from offering or 
furnishing guarantees that provide for restitution in the event of 
damage from battery leakage, provided no representation is made, 
directly or indirectly, that dry cell batteries will not leak. The Rule 
further provides that in the event any person develops a new dry cell 
battery that he believes is in fact leakproof, he may apply to the 
Commission for an amendment to the Rule, or other appropriate relief. 
As part of its systematic review of all current Commission rules and 
guides, the Commission will request comments

[[Page 22695]]

on, among other things, the economic impact of, and the continuing need 
for, this Rule, possible conflict between the Rule and state, local and 
other federal laws, and the effect on the Rule of any technological, 
economic, or other industry changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/25/97                    62 FR 14050
Comment Period End              04/24/97

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-AA77
_______________________________________________________________________




4196.  TRADE REGULATION RULE PURSUANT TO THE TELEPHONE 
DISCLOSURE AND DISPUTE RESOLUTION ACT OF 1992

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 5701 et seq

CFR Citation:  16 CFR 308

Legal Deadline: None

Abstract: Congress enacted the Telephone Disclosure and Dispute 
Resolution Act of 1992 (``TDDRA'') to curtail certain unfair and 
deceptive practices perpetrated by some pay-per-call businesses, and to 
encourage the growth of the legitimate pay-per-call industry. TDDRA 
granted the Commission limited jurisdiction over common carriers for 
purposes of the 900-Number Rule, which became effective November 1, 
1993. The Rule requires that advertisements for 900-Numbers contain 
certain disclosures; that anyone who calls a 900-Number service be 
given the opportunity to hang up at the conclusion of the preamble 
without incurring any charge for the call; and establishes procedures 
for resolving billing disputes for 900-Number calls. Under the terms of 
the Rule itself, a review of the Rule is required to be initiated by 
the Commission prior to November 1997. As part of this review, the 
Commission will request comments on, among other things, the economic 
impact of, and the continuing need for, the 900-Number Rule and the 
effect on the Rule of any technological or industry changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/12/97                    62 FR 11750
Comment Period End              05/12/97
Public Workshops 06/19 and      06/20/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marianne K. Schwanke, Division of Marketing Practices, 
Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 
20580
Phone: 202 326-3165

RIN: 3084-AA78
_______________________________________________________________________




4197.  RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT 
(SECTION 610 REVIEW)

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 304

Legal Deadline: None

Abstract: The Rules and Regulations under the Hobby Protection Act 
require that all imitation numismatic items sold in, or imported into, 
the United States be marked with the word ``Copy.'' An amendment to the 
Rule in 1988 permits manufacturers of miniature numismatic items to 
mark the word ``Copy'' in smaller dimensions than those required under 
the previous Rule. The Commission determined, at that time, that the 
amendment would facilitate compliance with the Rule and eliminate 
potential costs, in both time and resources, to industry and the 
Commission from individual variance applications for miniature 
numismatic items. The Commission is conducting a review of this Rule 
under the Regulatory Flexibility Act, 5 USC 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996. At the 
same time, and as part of its systematic review of all current 
Commission rules and guides, the Commission will request comments on, 
among other things, the economic impact of, and the continuing need 
for, this Rule, possible conflict between the Rule and state, local and 
other federal laws, and the effect on the Rule of any technological, 
economic, or other industry changes, with particular emphasis on the 
effect on small businesses.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/25/97                    62 FR 14049
Comment Period End              05/27/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Robert Easton, Division of Enforcement, Bureau of 
Consumer Protection, Federal Trade Commission, Washington, DC 20580
Phone: 202 326-3029

RIN: 3084-AA79
_______________________________________________________________________




4198.  TRADE REGULATION RULE ON OPHTHALMIC PRACTICE RULES

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 456

Legal Deadline: None

Abstract: The Trade Regulation Rule on Ophthalmic Practice Rules, also 
known as the ``Prescription Release Rule,'' provides that an 
optometrist or ophthalmologist must give to the patient a copy of the 
patient's eyeglass prescription immediately after the eye examination 
is completed at no extra cost. The Prescription Release Rule prohibits 
optometrists and ophthalmologists from conditioning the availability of 
an eye examination, as defined by the Rule, on a requirement that the 
patient agrees to purchase ophthalmic goods from the optometrist or 
ophthalmologist, and from placing on the prescription, or delivering to 
the patient, certain disclaimers or waivers of liability. An 
optometrist or ophthalmologist, however, may withhold the eyeglass 
prescription if the patient has not paid for the eye examination in 
full if the optometrist or ophthalmologist would have required 
immediate payment if the examination revealed that no ophthalmic goods, 
such as eyeglasses, were required. In addition, the Rule does not 
require an optometrist or ophthalmologist to release a contact lens 
prescription to a patient after an eye exam. As part of its systematic 
review of all current Commission rules and guides, the Commission will 
request comments on the economic impact of, and the continuing need 
for, this Rule, possible conflict between the Rule and state, local, or 
other federal laws, and the effect on the Rule of any

[[Page 22696]]

technological, economic, or other industry changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/03/97                    62 FR 15865
Comment Period End              06/02/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Renee Kinscheck, Division of Service Industry 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 
Washington, DC 20580
Phone: 202 326-3283

RIN: 3084-AA80
_______________________________________________________________________




4199.  TRADE REGULATION RULE CONCERNING POWER OUTPUT CLAIMS FOR 
AMPLIFIERS UTILIZED IN HOME ENTERTAINMENT PRODUCTS

Priority:  Substantive, Nonsignificant

Legal Authority:  15 USC 41 et seq

CFR Citation:  16 CFR 432

Legal Deadline: None

Abstract: The Trade Regulation Rule Concerning Power Output Claims for 
Amplifiers Utilized in Home Entertainment Products (``Amplifier Rule'' 
or ``Rule'') was promulgated in 1974 to assist consumers in purchasing 
power amplification equipment for home entertainment purposes by 
standardizing the measurement and disclosure of various performance 
characteristics of the equipment. The Amplifier Rule establishes 
uniform test standards and disclosures so that consumers can make more 
meaningful comparisons of performance attributes. The Rule makes it an 
unfair method of competition and an unfair or deceptive act or practice 
for manufacturers and sellers of sound power amplification equipment 
for home entertainment purposes to fail to disclose certain performance 
information in connection with direct or indirect representations of 
power output, power band, frequency or distortion characteristics. The 
Rule also sets out standard test conditions for performing the 
measurements that support the required performance disclosures. 
Further, the Rule prohibits representations of performance 
characteristics if they are not obtainable when the equipment is 
operated by the consumer in the usual and ordinary manner without the 
use of extraneous aids. As part of its systematic review of all current 
Commission rules and guides, the Commission will request comments on, 
among other things, the economic impact of, and the continuing need 
for, this Rule possible conflict between the Rule and state, local and 
other federal laws, and the effect on the Rule of any technological, 
economic, or other industry changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/07/97                    62 FR 16500
Comment Period End              06/06/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Robert Easton, Division of Enforcement, Bureau of 
Consumer Protection, Federal Trade Commission, Washington, DC 20580
Phone: 202 326-3029

RIN: 3084-AA81
_______________________________________________________________________


FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage


  



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4200. 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       04/00/97

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

[[Page 22697]]

_______________________________________________________________________




4201. 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 
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
Final Staff Recommendation 
(Racing Cars)                   05/00/97
Commission Action (Racing Cars) 08/00/97

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
_______________________________________________________________________




4202. 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. 
Comments were also solicited on issues relating to the goal of 
harmonizing labeling requirements among North American Free Trade 
Agreement (NAFTA) countries.

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                            12/24/96                    61 FR 67739
Comment Period End              01/22/97
Recommendation to Commission    04/00/97

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
_______________________________________________________________________




4203. 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

[[Page 22698]]

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. The Commission also sought comments on issues aimed at 
streamlining existing regulations and promoting harmonization of 
textile labeling requirements among the North American Free Trade 
Agreement (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    04/00/97

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
_______________________________________________________________________




4204. 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 
decided to grant a conditional exemption, effective July 1, 1997, 
allowing the use, in lieu of words, of the symbol system developed by 
the American Society for Testing and Materials. 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 are consistent with the Initiative. 
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.

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                       11/15/96
Interim Conditional Exemption   02/06/97                     61 FR 5724
Comment Period End              03/10/97
Recommendation to Commission/
NPRM                            05/00/97
NPRM                            07/00/97

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
_______________________________________________________________________




4205. 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

[[Page 22699]]

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                         04/00/97
Commission Action/Part II       06/00/97

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
_______________________________________________________________________




4206. 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 Commission04/00/97
Final Commission Action         06/00/97

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
_______________________________________________________________________




4207. 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 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 Commission04/00/97
Final Commission Action         06/00/97

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

[[Page 22700]]

_______________________________________________________________________


FEDERAL TRADE COMMISSION (FTC)                        Long-Term Actions


  



_______________________________________________________________________




4208. 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
_______________________________________________________________________




4209. 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


  



_______________________________________________________________________




4210. 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. On December 27, 1996, the Commission 
rescinded the Rule. See 61 FR 68143. The Commission noted, among other 
things, that the abuses that prompted adoption of the Rule have largely 
disappeared and that changes in industry practice have made the Rule 
outdated and no longer necessary to protect the public interest.

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           12/10/96
Final Action                    12/27/96                    61 FR 68143
Final Action Effective          12/27/96

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
_______________________________________________________________________




4211. DECEPTIVE ADVERTISING AND LABELING OF PREVIOUSLY USED LUBRICATING 
OIL

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 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 required that advertising, promotional 
material, and labels for lubricant made from used oil disclose such 
previous use. The Rule prohibited any representation that used 
lubricating oil is new or unused. In addition, it prohibited use of the 
term ``re-refined,'' or any similar term, to describe previously used 
lubricating oil unless the physical and chemical contaminants had 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

[[Page 22701]]

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 preempted the Used Oil Rule's labeling and 
advertising requirements for engine oils. For non-engine oils, the Used 
Oil Rule's labeling disclosure provisions continued to be subject to 
the Congressional stay, and the advertising disclosure provisions 
continued 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. After reviewing the rulemaking record, including the public 
comments received during the rulemaking proceeding, the Commission 
determined that repeal of the Used Oil Rule would eliminate unnecessary 
duplication and any inconsistency with EPCA's goals and that the Rule 
was no longer necessary or in the public interest. See 61 FR 55095 
(October 24, 1996).

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    09/30/96
Final Action                    10/24/96                    61 FR 55095
Final Action Effective          10/24/96

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
[FR Doc. 97-5812 Filed 04-24-97; 8:45 am]
BILLING CODE 6750-01-F