[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Proposed Rules]
[Pages 13052-13053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5038]


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FEDERAL TRADE COMMISSION

16 CFR Part 432


Trade Regulation Rule Relating to Power Output Claims for 
Amplifiers Utilized in Home Entertainment Products

AGENCY: Federal Trade Commission.

ACTION: Supplemental notice of proposed rulemaking: Termination of 
rulemaking.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has 
completed its review, pursuant to a supplemental notice of proposed 
rulemaking (``SNPR''), of the testing procedures for multichannel 
``home theater'' amplifiers under the Trade Regulation Rule Relating to 
Power Output Claims for Amplifiers Utilized in Home Entertainment 
Products (``Rule'' or ``Amplifier Rule''). The Commission has 
determined not to amend the Rule at this time and to place the Rule on 
its regular review schedule for 2008 as part of the Commission's 
ongoing systematic review of Federal Trade Commission rules and guides. 
Until the Commission provides further guidance regarding which channels 
need be associated for purposes of rating multichannel amplifiers, the 
Commission will not enforce the association requirement of Section 
432.2 of the Rule as it relates to the continuous power output per 
channel ratings for multichannel amplifiers. The Commission, however, 
will continue to enforce the other provisions of the Rule with regard 
to multichannel amplifiers.

DATES: This rulemaking is terminated as of March 20, 2007.

ADDRESSES: Requests for copies of this notice should be sent to the 
Consumer Response Center, Room 130, Federal Trade Commission, 600 
Pennsylvania Ave., NW., Washington, DC 20580. The notice also is 
available on the Internet at the Commission's Web site, http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326-2984, Attorney, 
Division of Enforcement, Bureau of Consumer Protection, Federal Trade 
Commission, Washington, DC 20580. E-mail: <a href="/cdn-cgi/l/email-protection#bcd6dfd4c9d2dbfcdac8df92dbd3ca"><span class="__cf_email__" data-cfemail="08626b607d666f486e7c6b266f677e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Amplifier Rule, promulgated in 1974, assists consumers in 
purchasing power amplification equipment for home entertainment 
purposes by standardizing the measurement and disclosure of various 
performance characteristics. The Commission issued the Rule in response 
to sellers making misleading or confusing power distortion and other 
performance claims based on differing or unrecognized test procedures. 
The Rule establishes uniform test standards and disclosures so that 
consumers can make more meaningful comparisons of amplifier performance 
attributes.
    The present regulatory review began on April 7, 1997 (62 FR 16500). 
On July 9, 1998, the Commission decided to retain the Rule, concluding 
that it continued to be valuable both to consumers and businesses (63 
FR 37234). At the same time, the Commission issued an advance notice of 
proposed rulemaking seeking comment on whether the Commission should 
initiate a rulemaking proceeding to address several technological and 
marketplace changes raised by industry (63 FR 37238).
    On December 22, 2000, the Commission amended the Rule to clarify 
the testing procedure for self-powered speakers and eliminate or modify 
certain testing and disclosure requirements that had outlived their 
usefulness. At the same time, the Commission issued a SNPR soliciting 
comment on Commission proposals to amend the definition of ``associated 
channels'' in connection with the power rating testing of multichannel 
``home theater'' amplifiers. Multichannel amplifiers incorporate five 
or more discrete or synthesized amplification channels and are designed 
to decode and/or amplify digitally encoded multichannel movie 
soundtracks or music program material recorded in various formats, 
including videocassette tapes or digital video discs (65 FR 80798). 
Section 432.2(a) of the Rule requires that an amplifier's continuous 
power output per channel be ``[m]easured with all associated channels 
fully driven to rated per channel power.'' \1\ Thus, manufacturers of 
multichannel audio/video receivers and amplifiers must decide which of 
the five or more discrete channels of amplification are considered 
``associated'' and, therefore, subject to simultaneous operation at 
full rated power. In the SNPR, the Commission solicited public comment 
on three alternative designations of ``associated channels'' for such 
audio amplifiers.
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    \1\ This continuous measurement represents the maximum per-
channel power an amplifier can deliver over a five minute period.
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    The SNPR elicited one comment, submitted by the Consumer 
Electronics Association (``CEA''). CEA noted that there was no industry 
consensus on testing, measuring, and specifying the power output of 
multichannel amplifier products. Consequently, CEA formed an industry 
working group to establish a voluntary industry standard.
    On January 15, 2002, the Commission deferred action on the proposed 
rule but kept the rulemaking record open to allow time for a self-
regulatory approach to develop a consensus procedure for the testing of 
multichannel amplifiers (67 FR 1915). Although CEA issued a standard, 
designated CEA-490-A, the Commission's review has not found widespread 
adoption of this standard in advertisements or product specifications, 
and the Commission is

[[Page 13053]]

faced with the prospect of making regulatory decisions in a dynamic 
market based on a less than robust, outdated rulemaking record.\2\
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    \2\ The dynamic nature of this marketplace is evidenced by the 
rapid disappearance of two multichannel formats cited in the SNPR, 
videotapes and laser discs, as well as by the increasing popularity 
of self-powered speakers containing amplifiers that do not share a 
common power supply.
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    The Commission, therefore, has determined that it would be in the 
public interest not to amend the Rule at this time. Instead, the 
Commission will place the Rule on its regulatory review schedule for 
2008 as part of the Commission's ongoing systematic review of Federal 
Trade Commission rules and guides. At that time, the Commission will 
solicit comments to garner a more robust, contemporary record from 
which to determine what, if any, amendments are appropriate to address 
associated channels in a multi-channel system as well as to gauge the 
economic impact of, and the continuing need for, the Rule as a whole.
    Until the Commission provides further guidance regarding which 
channels need be associated for purposes of rating multichannel 
amplifiers, the Commission will not enforce the association requirement 
of Section 432.2 of the Rule as it relates to the continuous power 
output per channel ratings for multichannel amplifiers. The Commission, 
however, will continue to enforce the other provisions of the Rule with 
regard to multichannel amplifiers.

II. Conclusion

    For the reasons described above, the Commission has determined not 
to amend the Rule at this time.

List of Subjects in 16 CFR Part 432

    Amplifiers, Home entertainment products, Trade practices.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.
 [FR Doc. E7-5038 Filed 3-19-07; 8:45 am]
BILLING CODE 6750-01-P


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