[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Proposed Rules]
[Page 14865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8073]
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FEDERAL TRADE COMMISSION
16 CFR Part 243
Guides for the Decorative Wall Paneling Industry
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (``Commission'') is requesting
public comments on its Guides for the Decorative Wall Paneling Industry
(``Decorative Wall Paneling Guides'' or ``the Guides''). The Commission
is also requesting comments about the overall costs and benefits of its
Guides and their overall economic impact, as part of its systematic
review of all current Commission regulations and guides.
DATES: Written comments will be accepted until May 26, 1998.
ADDRESSES: Mailed comments should be directed to: Secretary, Federal
Trade Commission, Room H-159, Sixth Street and Pennsylvania Ave., N.W.,
Washington, D.C. 20580. Mailed comments about the Guides for the
Decorative Wall Paneling Industry should be identified as ``CFR Part
243--Comment.'' E-mail comments will be accepted at [paneling@ftc.gov].
Those who comment by e-mail should give a mailing address to which an
acknowledgment can be sent.
FOR FURTHER INFORMATION CONTACT: Eric Nickerson, Investigator, Federal
Trade Commission, Denver Regional Office, 1961 Stout Street, Suite
1523, Denver, CO 80294, telephone number (303) 844-3584, E-mail
[enickerson@ftc.gov].
SUPPLEMENTARY INFORMATION:
I. Decorative Wall Paneling Guides
The Commission promulgated the Guides for the Decorative Wall
Paneling Industry on December 15, 1971, 36 FR 23796 (1971), under
section 5 of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C.
45.\1\ The Guides became effective on December 15, 1972.
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\1\ Section 5 of the FTC Act declares unfair methods of
competition and unfair or deceptive acts or practices to be
unlawful.
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These Guides, like the other industry guides issued by the
Commission, ``are administrative interpretations of laws administered
by the Commission for the guidance of the public in conducting its
affairs in conformity with legal requirements.'' 16 CFR 1.5. Conduct
inconsistent with the Guides may result in corrective action by the
Commission under applicable statutory provisions.
The Decorative Wall Paneling Guides provide guidance to
manufacturers, retail distributors, and other suppliers (``sellers'')
of decorative wall panels in labeling, advertising, and promoting their
products in a manner consistent with Section 5 of the FTC Act. The
guides are designed to protect purchasers from being misled by the
appearance of a product, or by deceptive descriptions, depictions,
designations, or representations in advertisements, labels, or other
promotional materials.
The Guides provide examples of non-deceptive references and
representations with respect to the construction, composition, or
appearance of industry products. The Guides also point out that sellers
bear the affirmative responsibility of providing detailed disclosures
regarding the composition of the products being offered.
II. Regulatory Review Program
The Commission has determined, as part of its oversight
responsibilities, to review rules and guides periodically. These
reviews seek information about the costs and benefits of the
Commission's rules and guides and their regulatory and economic impact.
The information obtained assists the Commission in identifying rules
and guides that warrant modification or rescission. The Commission
solicits comments on, among other things, the economic impact of and
the continuing need for the Guides; possible conflict between the
Guides and state, local, or other federal laws; and the effect on the
Guide of any technological, economic, or other industry changes.
III. Request For Comment
The Commission solicits written public comments on the following
questions:
(1) Is there a continuing need for the Decorative Wall Paneling
Guides?
(a) What benefits have the Guides provided to purchasers of the
products affected by the Guides?
(b) Have the Guides imposed costs on purchasers?
(2) What changes, if any, should be made to the Guides to increase
the benefits of the Guides to purchasers?
(a) How would these changes affect the costs the Guides impose on
firms adhering to their advice? How would these changes affect the
benefits to purchasers?
(3) What significant burdens or costs, including costs of
compliance, have the Guides imposed on firms subject to their advice?
(a) Have the Guides provided benefits to such firms? If so, what
benefits?
(4) What changes, if any, should be made to the Guides to reduce
the burdens or costs imposed on firms subject to their advice?
(a) How would these changes affect the benefits provided by the
Guides?
(5) Do the Guides overlap or conflict with other federal, state, or
local laws or regulations?
(6) Since the Guides were issued, what effects, if any, have
changes in the global marketplace, relevant technology or economic
conditions had on the Guides? For example, do example, do sellers use
E-mail, the Internet or CD ROM to advertise or sell decorative wall
panels? If so, in what manner? Does use of this new technology affect
consumers' rights or sellers' responsibilities under the Guides?
(7) Are there problems today in the labeling, advertising, or
selling of decorative wall panels? If yes, what are the nature of these
problems? Do the Guides adequately address any problems that may exist?
(8) Are any portions of the Guides outdated or otherwise no longer
relevant in this industry?
(9) Are there industry standards covering any of the issues
addressed by the Guides? If yes, what are they?
List of Subjects in 16 CFR Part 243
Advertising, Forests and forest products, Labeling, Trade
practices, Wall paneling industry.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-8073 Filed 3-26-98; 8:45 am]
BILLING CODE 6750-01-M
