[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Proposed Rules]
[Pages 28906-28907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9965]


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FEDERAL TRADE COMMISSION

16 CFR Part 24


Guides for Select Leather and Imitation Leather Products

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
requesting public comments on its Guides for Select Leather and 
Imitation Leather Products (``Leather Guides''). The Commission is 
soliciting the comments as part of its systematic review of all current 
Commission regulations and guides.

DATES: Written comments will be accepted until July 23, 2007.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Guides for Select Leather and Imitation 
Leather Products, Matter No. P078008'' to facilitate the organization 
of comments. A comment filed in paper form should include this 
reference both in the text and on the envelope, and should be mailed or 
delivered to the following address: Federal Trade Commission/Office of 
the Secretary, Room H-135 (Annex L), 600 Pennsylvania Avenue, NW., 
Washington, DC 20580. Comments containing confidential material, 
however, must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with Commission Rule 4.9(c).\1\ The 
FTC is requesting that any comment filed in paper form be sent by 
courier or overnight service, if possible, because postal mail in the 
Washington area and at the Commission is subject to delay due to 
heightened security precautions. Comments filed in electronic form must 
be submitted by accessing the following site: https://secure.commentworks.com/ftc-leatherguides, and following the 
instructions on the web-based form.
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    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
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    The FTC Act and other laws the Commission administers permit the

[[Page 28907]]

collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives, whether filed in paper or electronic 
form. Comments received will be available to the public on the FTC Web 
site, to the extent practicable, at http://www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
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privacy policy at http://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Susan E. Arthur, (214) 979-9370, 
Attorney, Southwest Region, Federal Trade Commission, 1999 Bryan 
Street, Suite 2150, Dallas, Texas 75201.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission's Leather Guides address misrepresentations 
regarding the composition and characteristics of specific leather and 
imitation leather products. The Guides apply to the manufacture, sale, 
distribution, marketing, or advertising of leather or simulated leather 
purses, luggage, wallets, footwear, and other similar products. 
Importantly, the Leather Guides state that disclosure of non-leather 
content should be made for material which has the appearance of leather 
but is not leather.
    The Leather Guides ``are administrative interpretations of laws 
administered by the Commission for the guidance of the public in 
conducting its affairs in conformity with legal requirements. They 
provide the basis for voluntary and simultaneous abandonment of 
unlawful practices by members of industry.'' 16 CFR 1.5. Conduct 
inconsistent with the Guides may result in corrective action by the 
Commission under applicable statutory provisions.
    The Commission adopted the Leather Guides in 1996, as part of its 
periodic review of its rules and guides.\2\ The Leather Guides 
consolidated portions of the Guides for the Luggage and Related 
Products Industry (``Luggage Guides''), the Guides for Shoe Content 
Labeling and Advertising (``Shoe Content Guides''), and the Guides for 
the Ladies' Handbag Industry (``Handbag Guides'').\3\ The Leather 
Guides also included provisions previously contained in the 
Commission's Trade Regulation Rule Concerning Misbranding and Deception 
as to Leather Content of Waist Belts (``Waist Belt Rule'').\4\
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    \2\ 61 FR 51577 (October 3, 1996).
    \3\ The Luggage Guides, the Shoe Content Guides, and the Handbag 
Guides were repealed in 1995. 60 FR 48027 (September 18, 1995). On 
the same day, the Commission requested public comment regarding 
proposed Leather Guides. 60 FR 48056 (September 18, 1995).
    \4\ The Commission had previously repealed the Waist Belt Rule. 
61 FR 25560 (May 22, 1966).
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    The language of the Luggage Guides, the Shoe Content Guides, the 
Handbag Guides, and the Waist Belt Rule was updated and clarified in 
the Leather Guides, and unnecessary provisions were deleted. Further, 
the Leather Guides modified a number of provisions from the older 
Guides and the Waist Belt Rule. Among these modifications were an 
expansion of the scope of the Leather Guides to include 
misrepresentations in the marketing and advertising of industry 
products, the removal of the restriction that only top grain leather 
could be called ``Leather'' without qualification, and the inclusion of 
a requirement that manufacturers disclose the percentage of non-leather 
and leather material contained in bonded leather.

II. Regulatory Review Program

    The Commission has determined, as part of its oversight 
responsibilities, to review all Commission 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. 
Therefore, the Commission solicits comment on, among other things, the 
economic impact of and the continuing need for the Leather Guides; 
possible conflict between the Guides and state, local, federal, or 
international laws; and the effect of any technological, economic, 
environmental, or other industry changes on the Guides.

III. Request for Comment

    The questions below are designed to assist the public and should 
not be construed as a limitation on the issues on which public comment 
may be submitted:
    (1) Is there a continuing need for the Leather Guides as currently 
promulgated?
    (2) Have the leather and imitation leather industries adopted the 
Leather Guides as part of their routine business practices? If so, how, 
and what effect, if any, does this have on the continuing need for the 
Guides?
    (3) What benefits have the Leather Guides provided to purchasers of 
the products affected by the Guides?
    (4) Are there costs imposed on purchasers when businesses follow 
the Leather Guides? If so, explain.
    (5) How have the leather and imitation leather industries been 
affected by the Leather Guides' modifications to provisions previously 
contained in the Luggage Guides, the Shoe Content Guides, the Handbag 
Guides, and the Waist Belt Rule? How have those modifications affected 
purchasers?
    (6) What burdens or costs, including costs of compliance, are 
imposed on businesses that follow the Leather Guides? In particular, 
what burdens or costs are imposed on small businesses that follow the 
Guides? Do the Guides provide benefits to businesses that follow them? 
If so, what benefits?
    (7) What changes, if any, should be made to the Leather Guides to 
increase their benefits to purchasers? How would these changes affect 
any burdens or costs to businesses that follow the Leather Guides? How 
would these changes benefit purchasers?
    (8) What changes, if any, should be made to the Leather Guides to 
reduce the burdens or costs to businesses that follow the Guides? How 
would these changes affect the benefits provided by the Guides?
    (9) Do the Leather Guides overlap or conflict with other federal, 
state, or local laws or regulations? If so, explain. Do the Guides 
overlap or conflict with any foreign or international laws or 
regulations? If so, explain.
    (10) Have consumer perceptions or preferences changed since the 
Leather Guides were issued, and, if so, do these changes warrant 
revising the Guides? If you believe that these changes warrant 
revisions, how should the Guides be revised?
    (11) Since the Leather Guides were issued, what effects, if any, 
have changes in relevant technology, economic conditions, or 
environmental conditions had on the Guides?

List of Subjects in 16 CFR Part 24

    Advertising, Belts, Distribution, Footwear, Imitation leather 
products, Labeling, Ladies' handbags, Leather and leather products 
industry, Luggage and related products, Shoes, Trade practices, Waist 
belts.

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

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E7-9965 Filed 5-22-07; 8:45 am]
BILLING CODE 6750-01-P