13052 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Proposed Rules 

1This continuous measurement represents the 

maximum per-channel power an amplifier can 

deliver over a five minute period. 

concerning the interpretation of 

consumer endorsements. 

DATES: Comments on the proposed rule 

published January 18, 2007, must be 

received by June 18, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Shira Modell, Attorney, Division of 

Advertising Practices, Bureau of 

Consumer Protection, Federal Trade 

Commission, Washington, DC 20580; 

(202) 326–3116. 

SUPPLEMENTARY INFORMATION: On 

January 16, 2007, the Commission 

announced that it was seeking public 

comment in conjunction with its 

regulatory review of the Guides 

Concerning Use of Endorsements and 

Testimonials in Advertising (‘‘the 

Guides’’). See 72 FR 2214 (Jan. 18, 

2007). The Commission’s Federal 

Register notice: (1) Solicited comment 

on the Guides and on two consumer 

surveys commissioned by the 

Commission concerning the 

interpretation of consumer 

endorsements; and (2) requested 

empirical evidence on several issues 

relating to the Guides. The deadline 

established for the submission of 

comments was March 19, 2007. 

The Electronic Retailing Association 

(‘‘ERA’’) has requested a 90-day 

extension of the March 19 deadline. 

ERA states that it needs the additional 

time to review the two reports put on 

the public record in January and 

compile information from its members 

to submit for the record in this 

proceeding. 

In light of the number and importance 

of the issues on which it has requested 

comment, the Commission has decided 

to extend the filing deadline until June 

18, 2007. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E7–5039 Filed 3–19–07; 8:45 am] 

BILLING CODE 6750–01–P 

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. 

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. Email: jchung@ftc.gov. 

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 selfpowered 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. 

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 


erjones on PRODPC74 with PROPOSALS
Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Proposed Rules 13053 

2The 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. 

faced with the prospect of making 

regulatory decisions in a dynamic 

market based on a less than robust, 

outdated rulemaking record.2

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 multichannel 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 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA 2006–0109] 

RIN 0960–AG41 

Consultative Examination—Annual 

Onsite Review of Medical Providers 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to revise the 

threshold billing amount that triggers 

annual onsite reviews of medical 

providers who conduct consultative 

examinations (CEs) for our disability 

programs under titles II and XVI of the 

Social Security Act (the Act). The 

proposed revision would raise the 

threshold amount to reflect the increase 

in billing amounts since we first 

established the threshold amount in 

1991. This proposed revision is 

intended to restore the level of oversight 

originally required by our rules. 

DATES: To be sure that your comments 

are considered, we must receive them 

by May 21, 2007. 

ADDRESSES: You may give us your 

comments by: Internet through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov; e-mail to 

regulations@ssa.gov; telefax to (410) 

966–2830; or letter to the Commissioner 

of Social Security, P.O. Box 17703, 

Baltimore, MD 21235–7703. You may 

also deliver them to the Office of 

Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, between 8 a.m. and 4:30 

p.m. on regular business days. 

Comments are posted on the Federal 

eRulemaking Portal, or you may inspect 

them on regular business days by 

making arrangements with the contact 

person shown in this preamble. 

FOR FURTHER INFORMATION CONTACT: 

Charles M. Urban, Social Insurance 

Specialist, Social Security 

Administration, Office of Disability 

Programs, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 965–

9029 or TTY 410–966–5609. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Why are we proposing to change our 

rules? 

Since 1991, we have provided in 

§§ 404.1519s(d) and 416.919s(d) of our 

regulations that each State agency that 

makes disability determinations for us is 

responsible for comprehensive oversight 

management of its consultative 

examination program with special 

emphasis on key providers. A 

consultative examination is a medical 

examination or test that we purchase at 

our expense when we need additional 

information to make a disability 

determination and we cannot obtain 

that information from existing medical 

sources. See §§ 404.1517, 404.1519, 

416.917, and 416.919 of our regulations. 

In §§ 404.1519s(e) and 416.919s(e) of 

our regulations, we explain that a ‘‘key 

consultative examination provider’’ is a 

provider that meets at least one of the 

following conditions: 

(1) Any consultative examination 

provider with an estimated annual 

billing to the Social Security disability 

programs of at least $100,000; or 

(2) Any consultative examination 

provider with a practice directed 

primarily towards evaluation 

examinations rather than the treatment 

of patients; or 

(3) Any consultative examination 

provider that does not meet the above 

criteria, but is one of the top five 

consultative examination providers in 

the State by dollar volume, as evidenced 

by prior year data. 

We are proposing to change the 

threshold billing amount that triggers 

onsite review of medical providers in 

§§ 404.1519s(e)(1) and 416.919s(e)(1) in 

order to ensure that we annually review 

the largest providers of CEs. We have 

not changed the current threshold 

amount of $100,000 in billings since we 

first published this provision in 1991. 

However, costs have risen in the more 

than 15 years since we first published 

this rule so that now many CE providers 

who perform relatively few CEs are 

subject to mandatory onsite reviews. 

This is contrary to the intent of the 

provision, which is to ensure that each 

State agency do periodic onsite reviews 

of the largest CE providers in its State. 

We believe that raising the amount to 

$150,000 will continue to satisfy the 

intent to monitor our largest CE 

providers. We chose this amount by 

multiplying the $100,000 threshold 

established in 1991 by the increase in 

the consumer price index for urban 

wage earners and clerical workers from 

1991 (134.3) to November 2006 (196.8) 

and then, for administrative 

convenience, rounding the resulting 

amount ($146,537.60) to $150,000. 

What rules are we proposing to revise? 

We propose to revise 

§§ 404.1519s(e)(1) and 416.919s(e)(1). 

The revisions would specify a new 

threshold billing amount that will 

trigger the need for annual onsite review 

of CE providers. 


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