[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27245-27246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12581]
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FEDERAL TRADE COMMISSION
16 CFR Part 418
Trade Regulation Rule: Deceptive Advertising and Labeling as to
Length of Extension Ladders
AGENCY: Federal Trade Commission.
ACTION: Advance notice of proposed rulemaking (ANPR).
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SUMMARY: The Federal Trade Commission (``Commission'') proposes to
repeal its Trade Regulation Rule entitled ``Deceptive Advertising and
Labeling as to Length of Extension Ladders'' (``Extension Ladder
Rule''), 16 CFR part 418. The proceeding will address whether the
Extension Ladder Rule should be repealed or remain in effect. The
Commission is soliciting written comment, data and arguments concerning
this proposal.
DATES: Written comments must be submitted on or before June 22, 1995.
ADDRESSES: Written comments should be identified as ``16 CFR Part 418''
and sent to Secretary, Federal Trade Commission, 6th Street &
Pennsylvania Avenue NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
John A. Crowley, Esq., (202) 326-3280, Division of Service Industry
Practices, Bureau of Consumer Protection, Federal Trade Commission,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Part A--Background Information
This notice is published pursuant to Section 18 of the Federal
Trade Commission Act, 15 U.S.C. 57a et seq., the provisions of part 1,
subpart B of the Commission's rules of practice, 16 CFR 1.7, and 5
U.S.C. 551 et seq. This authority permits the Commission to promulgate,
modify and repeal trade regulation rules that define with specificity
acts or practices that are unfair or deceptive in or affecting Commerce
within the meaning of section 5(a)(1) of the FTC Act, 15 U.S.C.
45(a)(1).
The Extension Ladder Rule, promulgated by the Commission on June
22, 1969, declares that it is an unfair or deceptive act or practice
and an unfair method of competition to represent the size or length of
an extension ladder, in terms of the total length of the component
sections thereof, unless:
(a) Such size or length representation is accompanied by the words
``total length of sections'' or words with similar meanings which
clearly indicate the basis of the representation; and,
(b) Such size or length representation is accompanied by a
statement in close proximity which clearly and conspicuously shows the
maximum length of the product when fully extended for use (i.e.,
excluding the footage lost in overlapping) along with an explanation
for the basis of such representation.
The Commission periodically reviews rules and guides seeking
information about the costs and benefits of such 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. Pursuant to its review schedule, on April
19, 1993, the Commission published in the Federal Register a request
for public comments on its Extension Ladder Rule. 58 FR 21125. The
Commission asked commenters to address questions relating to the costs
and benefits of the rule, the burdens it imposes, and the basis for
assessing whether it should be retained, or amended.
The request for comments on the Extension Ladder Rule elicited six
specific comments. One commenter, a consumer, opined that the only
label that should be on ladders is the ``maximum working length'' since
consumers should not have to do any figuring to determine the length of
the ladder that would meet their needs.
Of the other five commenters, four are manufacturers or suppliers
of ladders and one is a trade association. A number of these comments
refer to ANSI standard A14, which governs the labeling of ladders. ANSI
standard A14 details the requirements for labeling portable wood
ladders, portable metal ladders, fixed ladders, job made ladders and
portable reinforced plastic ladders. The ANSI standard requires
specification of the maximum working length of extension ladders, as
well as several other pieces of information not required by the
Extension Ladder Rule, including the total length of the ladder's
sections and the highest standing level of the ladder. Compliance with
the ANSI standard therefore ensures compliance with the labeling
requirements of the Extension Ladder Rule.
Several commenters noted this overlap in the coverage of the
Extension Ladder Rule and ANSI standard A14, and recommended that the
rule be retained unchanged.
Another commenter stated that the rule has imposed minor,
incremental costs, but opined that the benefits have been significant
in that consumers have a better understanding of extension ladder
length. The commenter questioned whether there was a continuing need
for this rule given the existence of ANSI standard A14 and UL Standard
184.
In addition to this specific comment, one general comment,
applicable to several rules being reviewed, was received from an
advertising agency association. This organization recommends rescission
of the Extension Ladder Rule because the general prohibitions covering
false and deceptive advertising apply to the ladder industry, and thus
the Rule creates unnecessary administrative costs for the government,
industry members and consumers. The advertising association did not
submit any analysis or data relating to the imposition of unnecessary
administrative costs on affected industry members, government or
consumers.
Finally, Commission staff engaged in an informal review of industry
practices by examining the marking of length on extension ladders
available for retail sale at several chain stores. That review
indicated general compliance with the requirements of the rule.
Additionally, the Commission has no record of receiving any complaints
regarding non-compliance with the rule, or of initiating any law
enforcement actions [[Page 27246]] alleging violations of the rule's
requirements.
Part B--Objectives
Based on the review described above, the Commission has determined
that there may no longer be a need to continue the Extension Ladder
Rule in light of the apparent changes in industry practices and the
existence of standards mandating the point-of-sale disclosures required
by the rule. The objective of this notice is to solicit comment on
whether the Commission should initiate a rulemaking proceeding to
repeal the Extension Ladder Rule.
Part C--Alternative Actions
The Commission is not aware of any feasible alternatives to either
repealing or retaining the Extension Ladder Rule.
Part D--Request for Comments
Members of the public are invited to comment on any issues or
concerns they believe are relevant or appropriate to the Commission's
review of the Extension Ladder Rule. Comments submitted during the
regulatory review proceeding described above will be made part of the
record, and need not be resubmitted. A comment that includes the
reasoning or basis for a proposition will likely be more persuasive
than a comment without supporting information. The Commission requests
that factual data upon which the comments are based be submitted with
the comments. In this section, the Commission identifies a number of
issues on which it solicits public comment. The identification of
issues is designed to assist the public to comment on relevant matters
and should not be construed as a limitation on the issues on which
public comment may be submitted.
Questions
(1) Does the existence of the ANSI standard governing the labeling
of extension ladders eliminate or greatly lessen the need for the rule?
(2) What are the benefits to consumers from the rule?
(3) What are the costs to industry imposed by the rule?
(4) Is there a continuing need for the rule or should the rule be
repealed?
Authority: Sec. 18(d)(2)(B) of the Federal Trade Commission
Act, 15 U.S.C. 57a(d)(2)(B).
List of Subjects in 16 CFR Part 418
Advertising, Trade practices, extension ladders.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-12581 Filed 5-22-95; 8:45 am]
BILLING CODE 6750-01-M
