[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65529-65530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31014]
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FEDERAL TRADE COMMISSION
16 CFR Part 402
Trade Regulation Rule Concerning Deception as to Non-Prismatic
and Partially Prismatic Instruments Being Prismatic Binoculars
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 Deception as to Non-Prismatic and Partially
Prismatic Instruments Being
[[Page 65530]]
Prismatic Binoculars. The Commission has reviewed the rulemaking record
and determined that due to changes in technology, the Rule no longer
serves the public interest and should be repealed. This notice contains
a Statement of Basis and Purposes for repeal of the Rule.
EFFECTIVE DATE: December 20, 1995.
ADDRESSES: Requests for copies of the Statement 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:
Phillip Priesman, Attorney, Federal Trade Commission, Bureau of
Consumer Protection, Division of Advertising Practices, Washington, DC
20580, telephone number (202) 326-2484.
SUPPLEMENTARY INFORMATION:
Statement of Basis and Purpose
I. Background
The Trade Regulation Rule concerning Deception as to Non-Prismatic
and Partially Prismatic Instruments Being Prismatic Binoculars
(Binocular Rule), 16 CFR Part 402, was promulgated in 1964 (29 FR
7316). The Rule requires a clear and conspicuous disclosure on any
advertising or packaging for non-prismatic or partially prismatic
binoculars that the instruments are not fully prismatic. Fully
prismatic binoculars rely on a prism within the instrument to reverse
the visual image entering the lens so that it appears right-side up to
the user. Other binoculars rely partially or entirely on mirrors to
reverse the visual image. When the rule was promulgated, the Commission
was concerned that consumers could be misled into believing that non-
prismatic binoculars were in fact prismatic, absent such a disclosure.
To prevent consumer deception, the rule proscribed the use of the
term ``binocular'' to describe anything other than a fully prismatic
instrument, unless the term was modified to indicate the true nature of
the item. Under the Rule, non-prismatic instruments could be identified
as binoculars only if they incorporated a descriptive term such as
``binocular-nonprismatic,'' ``binocular-mirror prismatic,'' or
``binocular-nonprismatic mirror,''
On May 23, 1995, the Commission published an Advance Notice of
Proposed Rulemaking (ANPR) seeking comment on proposed repeal of the
Binocular Rule (60 FR 27241). 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 one
comment suggesting that there may be a continuing need for the Rule
because field glasses and opera glasses, both of which are non-
prismatic, are still advertised and sold today. The comment
acknowledged, however, that present-day binoculars are fully prismatic,
while the non-prismatic instruments are identified as either field
glasses or opera glasses rather than binoculars.
On September 18, 1995, the Commission published a Notice of
Proposed Rulemaking (NPR) initiating a proceeding to consider whether
the Binocular Rule should be repealed or remain in effect (60 FR
48065).\1\ 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.\2\ The comment period
closed on October 18, 1995. The Commission received no comments and no
requests to hold an informal hearing.
\1\ 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.
\2\ 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
Since the Rule was promulgated, technological advances have reduced
the cost of prisms to the point that almost all binoculars sold today
are fully prismatic. Those that are not fully prismatic are marketed
and sold as field glasses or opera glasses rather than binoculars.
Thus, there does not appear to be any continuing need for the Rule.
Repeal of the Rule will also further the objective of reducing obsolete
government regulation.
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 Binocular Rule does not impose ``information collection
requirements'' under the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Although the Rule contains disclosure requirements, these
disclosures are not covered under the Act because the disclosure
language is mandatory and provided by the government. Repeal of the
Rule, however, would eliminate any burdens on the public imposed by
these disclosure requirements.
List of Subjects in 16 CFR Part 402
Binoculars, Trade practices.
PART 402--[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 402.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-31014 Filed 12-19-95; 8:45 am]
BILLING CODE 6750-01-M
