[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65528-65529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31010]
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FEDERAL TRADE COMMISSION
16 CFR Part 400
Trade Regulation Rule Concerning Advertising and Labeling as to
Size of Sleeping Bags
AGENCY: Federal Trade Commission.
ACTION: Repeal of rule.
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SUMMARY: The Federal Trade Commission announces the repeal of the Trade
Regulation Rule concerning Advertising and Labeling as to Size of
Sleeping Bags. The Commission has reviewed the rulemaking record and
determined that due to changes in industry practice, and the existence
of laws in most states that mandate point-of-sale disclosures similar
to those required by the Rule, the Rule no longer serves the public
interest and should be repealed. This notice contains a State of Basis
and Purpose for repeal of the Rule.
EFFECTIVE DATE: December 20, 1995.
ADDRESSES: Requests for copies of the State of Basis and Purpose should
be sent to Public Reference Branch, Room 130, Federal Trade Commission,
6th Street & Pennsylvania Avenue NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Neil Blickman, Attorney, Federal Trade Commission, Bureau of Consumer
Protection, Division of Enforcement, Washington, DC 20580, (202) 326-
3038.
SUPPLEMENTARY INFORMATION:
State of Basis and Purpose
I. Background
The Trade Regulation Rule concerning Advertising and Labeling as to
Size of Sleeping Bags (Sleeping Bag Rule), 16 CFR Part 400, was
promulgated in 1963 (28 FR 10900). The Sleeping Bag Rule regulates the
advertising, labeling and marking of the dimensions of sleeping bags.
The Commission had found that the practice of labeling sleeping bags by
the dimensions of the unfinished material used in their construction
(cut size) was misleading consumers about the actual size of the
sleeping bag. To correct this misconception, the Commission promulgated
the Sleeping Bag Rule, which provides that it is an unfair method of
competition and an unfair or deceptive act or practice to use the ``cut
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size'' of the materials from which a sleeping bag is made to describe
the size of a sleeping bag in advertising, labeling or marking unless:
(1) ``The dimensions of the cut size are accurate measurements of
the yard goods used in construction of the sleeping bags''; and
(2) ``Such `cut size' dimensions are accompanied by the words `cut
size' ''; and
(3) The reference to ``cut size'' is ``accompanied by a clear and
conspicuous disclosure of the length and width of the finished products
and by an explanation that such dimensions constitute the finished
size''.\1\
\1\ The Rule then gives an example of proper size marking:
``Finished size 33'' x 68''; cut size 36'' x 72''.''
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On May 23, 1995, the Commission published an Advance Notice of
Proposed Rulemaking (ANPR) seeking comment on proposed repeal of the
Sleeping Bag Rule (60 FR 27240). In accordance with Section 18 of the
Federal Trade Commission (FTC) Act, 15 U.S.C. 57a, the ANPR was sent to
the Chairman of the Committee on Commerce, Science and Transportation,
United States Senate, and the Chairman of the Subcommittee on Commerce,
Trade and Hazardous Materials, United States House of Representatives.
The comment period closed on June 22, 1995. The Commission received no
comments.
On September 18, 1995, the Commission published a Notice of
Proposed Rulemaking (NPR) initiating a proceeding to consider whether
the Sleeping Bag Rule should be repealed or remain in effect (60 FR
48063).\2\ This rulemaking proceeding was undertaken as part of the
Commission's ongoing program of evaluating trade regulation rules and
industry guides to ascertain their effectiveness, impact, cost and
need. This proceeding also responded to President Clinton's National
Regulatory Reinvention Initiative, which, among other things, urges
agencies to eliminate obsolete or unnecessary regulations. In the NPR,
the Commission announced its determination, pursuant to 16 CFR 1.20, to
use expedited procedures in this proceeding.\3\ The comment period
closed on October 18, 1995. The Commission received no comments and no
requests to hold an informal hearing.
\2\ In accordance with Section 18 of the FTC Act, 15 U.S.C. 57a,
the Commission submitted the NPR to the Chairman of the Committee on
Commerce, Science and Transportation, United States Senate, and the
Chairman of the Subcommittee on Commerce, Trade and Hazardous
Materials, United States House of Representatives, 30 days prior to
its publication.
\3\ These procedures included: publishing a Notice of Proposed
Rulemaking; soliciting written comments on the Commission's proposal
to repeal the Rule; holding an informal hearing, if requested by
interested parties, receiving a final recommendation from Commission
staff; and announcing final Commission action in the Federal
Register.
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II. Basis for Repeal of Rule
The Commission periodically reviews its rules and guides, seeking
information about their costs and benefits and their regulatory and
economic impact. The information obtained assists the Commission in
identifying rules and guides that warrant modification or rescission.
Accordingly, on April 19, 1993, the Commission published in the Federal
Register a request for public comments on its Sleeping Bag Rule (58 FR
21095). The Commission asked commenters to address the costs and
benefits of the Rule, whether there was a continuing need for this
regulation, the burdens placed on businesses subject to this
regulation, whether changes should be made, any conflicts with other
laws, and whether changes in technology affected the Rule.
Only one specific comment relating to the Sleeping Bag Rule was
received, which generally supported a continuation of this regulation.
In addition to this specific comment, one general comment, applicable
to several rules being reviewed, was received from an advertising
agency association. This organization recommended rescission of the
Sleeping Bag Rule because the general prohibitions of the FTC Act
covering false and deceptive advertising apply to the sleeping bag
industry. Thus, the commenter concluded that the Rule creates
unnecessary administrative costs for the government, industry members
and consumers.
Commission staff also conducted an informal inquiry and inspected
sleeping bags at several national chain stores. This inquiry found no
violations of the Rule on either the sleeping bag packaging materials
or the labels affixed to the products themselves. In fact, it appeared
from that limited inquiry that industry products were marked with only
the finished size. Additionally, the Commission has no record of
receiving any complaints regarding non-compliance with the Rule, or of
initiating any law enforcement actions alleging violation of the Rule's
requirements. Finally, the National Conference on Weights and Measures'
Uniform Packaging and Labeling Regulation, which has been adopted by 47
States, regulates the labeling of sleeping bags, and provides that
these items must be labeled with their finished size. Accordingly, due
to changes in industry practice, and the existence of laws in most
States that mandate point-of-sale disclosures similar to those required
by the Rule, the Commission has determined to repeal the Sleeping Bag
Rule.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-11, requires an
analysis of the anticipated impact of the repeal of the Rule on small
businesses. The reasons for repeal of the Rule have been explained in
this Notice. Repeal of the Rule would appear to have little or no
effect on small businesses. Moreover, the Commission is not aware of
any existing Federal laws or regulations that would conflict with
repeal of the Rule. For these reasons, the Commission certifies,
pursuant to section 605 of the RFA, 5 U.S.C. 605, that this action will
not have a significant economic impact on a substantial number of small
entities.
IV. Paperwork Reduction Act
The Sleeping Bag Rule imposes third-party disclosure requirements
that constitute ``information collection requirements'' under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Accordingly, repeal of
the Rule would eliminate any burdens on the public imposed by these
disclosure requirements.
List of Subjects in 16 CFR Part 400
Advertising, Sleeping bags, Trade practices.
PART 400--[REMOVED]
The Commission, under authority of section 18 of the Federal Trade
Commission Act, 15 U.S.C. 57a, amends chapter I of title 16 of the Code
of Federal Regulations by removing part 400.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-31010 Filed 12-19-95; 8:45 am]
BILLING CODE 6750-01-M
