[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Rules and Regulations]
[Pages 56949-56950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27890]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 435
Trade Regulation Rule: Mail or Telephone Order Merchandise
AGENCY: Federal Trade Commission.
ACTION: Technical amendments to rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``Commission'') makes three non-
substantive, minor, technical corrections to the definition of ``prompt
refund'' in the Commission's Mail or Telephone Order Merchandise Trade
Regulation Rule (``MTOR'' or ``Rule''), 16 CFR 435.2(f). The two cross-
references in section 435.2(f) of the Rule are corrected to refer to
section 435.2(e) of the Rule instead of to section 435.2(c).
Additionally, a comma is added to section 435.2(f)(1) to parallel the
punctuation in section 435.2(f)(2). Because these corrections are non-
substantive, the Commission has determined that Magnuson-Moss
rulemaking proceedings are not required by section 18(d)(2)(B) of the
FTC Act. Additionally, because these are minor technical changes
correcting inadvertent editing errors, the Commission has also
determined that notice and public procedure are not required under
section 553 of the Administrative Procedure Act because they would be
unnecessary.
EFFECTIVE DATE: November 13, 1995.
ADDRESSES: Requests for copies of this notice should be sent to the
Public Reference Branch, Room 130, Federal Trade Commission,
Washington, D.C. 20580.
FOR FURTHER INFORMATION CONTACT:
Joel N. Brewer, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, Washington, D.C. 20580, (202) 326-2967.
SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the FTC Act, 15
U.S.C. 57a, on September 21, 1993, the Commission adopted proposed
amendments to the Commission's Mail Order Merchandise Trade Regulation
Rule (the ``MOR''), 16 C.F.R. Part 435, including renaming the rule
``Mail or Telephone Order Merchandise'' (the ``MTOR'').\1\ Two new
definitions, ``mail or telephone order sales'' and ``telephone,'' were
added as sections 435.2 (a) and (b) of the MTOR. The addition of these
definitions resulted in all other definitions being renumbered. Thus,
the definition for ``shipment,'' which formerly appeared as section
435.2(a) of the MOR, was renumbered section 435.2(c) of the MTOR; the
definition for ``receipt of a properly completed order,'' which
formerly appeared as section 435.2(b) of the MOR, was renumbered
section 435.2(d) of the MTOR, etc.
\1\ 58 FR 49095.
---------------------------------------------------------------------------
In making these changes, two cross-references to the definition of
``refund'' in the definition of ``prompt refund'' in section 435.2(d)
of the MOR (now renumbered section 435.2(f) of the MTOR) were
inadvertently overlooked. The Commission has accordingly determined to
correct the two cross-references in section 435.2(f) to refer to
section 435.2(e), the MTOR's definition of ``refund.''
Additionally, a comma is being inserted in section 435.2(f)(1) of
the MTOR to parallel the punctuation of section 435.2(f)(2). This error
was in the text of the MOR originally and was carried from the MOR to
the MTOR.
Section 18(d)(2)(B) of the FTC Act provides that the procedures for
making any ``substantive'' amendment to a trade regulation rule shall
be the same as the procedures for promulgating a rule under section
18(a)(1)(B). In this case, the changes, which are necessary to correct
inadvertent editorial errors in the recently concluded rulemaking
proceedings, are non-substantive; thus, section 18(d)(2)(B) is
inapplicable. Accordingly, section 553 of the Administrative Procedure
Act (the ``APA''), 5 U.S.C. 553, applies to these amendments.\2\
Section 553(b)(B) of the APA provides that rulemaking procedures are
not required where the agency determines that ``notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' Because the changes here are minor and technical,
the Commission has determined that notice and public procedure are
unnecessary in this case, and that rulemaking procedures are
accordingly not required.
\2\ See, 15 U.S.C. 57a(b)(1).
[[Page 56950]]
---------------------------------------------------------------------------
List of Subjects in 16 CFR Part 435
Advertising, Mail or telephone order Merchandise: Trade Practices.
Based on the foregoing analysis, the Commission makes non-
substantive, minor, technical amendments to title 16, part 435 of the
Code of Federal Regulations.
PART 435--MAIL OR TELEPHONE ORDER MERCHANDISE
1. The authority citation for part 435 continues to read as
follows:
Authority: 5 U.S.C. 553; 15 U.S.C. 41 et seq.
2. Section 435.2(f) is revised to read as follows:
Sec. 435.2 Definitions.
* * * * *
(f) ``Prompt refund'' shall mean:
(1) Where a refund is made pursuant to paragraph (e) (1) or
(2)(iii) of this section, a refund sent to the buyer by first class
mail within seven (7) working days of the date on which the buyer's
right to refund vests under the provisions of this part;
(2) Where a refund is made pursuant to paragraph (e)(2) (i) or (ii)
of this section, a refund sent to the buyer by first class mail within
one (1) billing cycle from the date on which the buyer's right to
refund vests under the provisions of this part.
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-27890 Filed 11-9-95; 8:45 am]
BILLING CODE 6750-01-M
