45582 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 

1The Commission issued the Guides in 1979 (44 

FR 11176 (Feb. 27, 1979)) to replace trade practice 

rules for the nursery industry (16 CFR part 34) first 

promulgated in the 1950’s (23 FR 4803 (June 28, 

1958)). The Guides help marketers avoid making 

claims that are unfair or deceptive under Section 5 

of the FTC Act, 15 U.S.C. 45. Industry guides, such 

as the Nursery Guides, are administrative 

interpretations of laws administered by the 

Commission. They do not have the force of law and 

are not independently enforceable. Failure to follow 

industry guides may result, however, in 

enforcement action under the FTC Act, 15 U.S.C. 

45. In any such action, the Commission must prove 

that the act or practice at issue is unfair or deceptive 

in violation of Section 5 of the FTC Act. 

2See 59 FR 64546 (Dec. 14, 1994); 72 FR 901 (Jan. 

9, 2007). 

3See 83 FR 7643 (Feb. 22, 2018). 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

MD Helicopters Inc.: Product No. FAA– 

2017–1125; Product Identifier 2017–SW– 

078–AD. 

(a) Applicability 

This AD applies to MD Helicopters Inc. 

(MDHI) Model 600N helicopters, certificated 

in any category, with a yaw stability 

augmentation system and with a main rotor 

(M/R) blade upper control collective/ 

longitudinal link assembly (link assembly) 

part number (P/N) 600N7617–1 installed. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

link assembly remaining in service beyond 

its fatigue life. This condition could result in 

failure of the link assembly, failure of M/R 

blade pitch control, and subsequent loss of 

helicopter control. 

(c) Comments Due Date 

We must receive comments by November 

9, 2018. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

Within 100 hours time-in-service (TIS): 

(1) Determine the total hours time-inservice (TIS) of each link assembly P/N 

600N7617–1. If the hours TIS are unknown, 

use the hours TIS of the helicopter. Remove 

from service any link assembly that has 

15,000 or more hours TIS. Thereafter, remove 

from service any link assembly before 

accumulating 15,000 hours TIS. 

(2) Create a component history card or 

equivalent record for each link assembly P/ 

N 600N7617–1 and record a life limit of 

15,000 hours TIS. 

(f) Special Flight Permits 

Special flight permits are prohibited. 

(g) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Los Angeles ACO Branch, 

FAA, may approve AMOCs for this AD. Send 

your proposal to: Galib Abumeri, Aerospace 

Engineer (Structures), Airframe Section, Los 

Angeles ACO Branch, Compliance and 

Airworthiness Division, FAA, 3960 

Paramount Blvd., Lakewood, California 

90712; telephone 562–627–5324; email 

galib.abumeri@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(h) Additional Information 

For service information identified in this 

AD, contact MD Helicopters, Inc., Attn: 

Customer Support Division, 4555 E. 

McDowell Rd., Mail Stop M615, Mesa, AZ 

85215–9734; telephone 1–800–388–3378; fax 

480–346–6813; or at http://

www.mdhelicopters.com. You may review a 

copy of information at the FAA, Office of the 

Regional Counsel, Southwest Region, 10101 

Hillwood Pkwy, Room 6N–321, Fort Worth, 

TX 76177. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6710, Main Rotor Control. 

Issued in Fort Worth, Texas, on August 27, 

2018. 

Scott A. Horn, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2018–19435 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 18 

Rescission of Guides for the Nursery 

Industry 

AGENCY: Federal Trade Commission. 

ACTION: Proposed rule; rescission of 

Guides and removal of Guides from the 

CFR. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’), 

following its initial review of the Guides 

for the Nursery Industry (‘‘Nursery 

Guides’’ or ‘‘Guides’’), proposes to 

rescind the Guides and remove them 

from the Code of Federal Regulations. 

DATES: Written comments must be 

received on or before November 5, 2018. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Nursery Guides (Matter 

No. P994248)’’ on your comment, and 

file your comment online at https://

ftcpublic.commentworks.com/ftc/ 

nurseryguides, by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex A), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610, Washington, DC 

20024. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room CC–9541, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission issued the Guides 

for the Nursery Industry in 1979.1 These 

Guides address various sales claims for 

outdoor plants, including 

representations regarding quantity, size, 

grade, kind, species, age, maturity, 

condition, vigor, hardiness, growth 

ability, price, and origin or place where 

grown. The Commission amended the 

Guides in 1994 to update legal 

terminology, and again in 2007 to make 

a technical correction.2

The Commission reviews its rules and 

guides periodically to seek information 

about their costs and benefits to 

consumers and businesses, regulatory 

and economic impact, and general 

effectiveness in protecting consumers 

and helping industry avoid deceptive 

claims. These reviews assist the 

Commission in identifying rules and 

guides that may warrant modification or 

rescission. 

On February 22, 2018, the 

Commission initiated its scheduled 

regulatory review of the Guides and 

solicited public comment on several 

issues.3 Specifically, the Commission 

sought input on, among other things, the 

continuing need for the Guides; their 

economic impact; possible conflict 

between the Guides and state, local, 

federal, or international laws; and the 

effect of any technological, economic, 

environmental, or other industry 

changes. The Commission also solicited 

comment on issues specific to the 

Guides, such as whether the 

Commission should update plant name 

classification references. The 

Commission received one comment, 

discussed below. 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 45583 

4The Guides address some of the practices 

identified in the complaints indirectly or in limited 

ways. For instance, § 18.1(c)(2) states it is deceptive 

to represent ‘‘[t]hat industry products are healthy 

. . . when such is not the fact.’’ In addition, some 

complaints involve incorrect orders, which are 

covered by § 18.1(a). However, the Commission sees 

no need to maintain the Guides simply to preserve 

such limited, self-evident guidance. 

5Section 5 of the FTC Act, 15 U.S.C. Section 

45(a)(1), prohibits unfair or deceptive acts or 

practices in or affecting commerce. 

II. Comment Received 

The sole commenter, the National 

Federation of Independent Business 

(‘‘NFIB’’), urged the Commission to 

rescind the Guides as an unnecessary 

federal regulatory burden. NFIB asserted 

that most nursery businesses are small 

businesses and ‘‘a significant portion of 

the industry is predominantly intrastate 

rather than interstate in practical 

character.’’ Therefore, they contend that 

regulation or guidance concerning the 

nursery business is more properly 

conducted at the state, rather than 

federal, level. NFIB, however, did not 

address any of the Commission’s 

specific questions. 

III. Proposed Rescission of the Guides 

The Commission proposes to rescind 

the Guides because, as discussed below, 

they no longer appear necessary, and 

thus serve little purpose to industry or 

consumers. In proposing this approach, 

the Commission has considered the 

prevalence of practices covered by the 

Guides, industry use of the Guides, and 

the Commission’s ability to address 

deceptive practices through 

enforcement actions or issuance of other 

educational materials in the Guides’ 

absence. 

First, the types of practices detailed in 

the Guides do not appear to be prevalent 

in the nursery industry. The Guides 

focus on misrepresentations about 

species, size, rate of growth, and other 

plant characteristics. Recent FTC 

complaints related to nurseries and 

outdoor plant sales, however, suggest 

that current consumer concerns have 

little to do with these types of practices. 

Indeed, nearly all recent complaints 

received by the Commission regarding 

plant sales involve online plant orders 

that were either dormant or dead upon 

arrival, incomplete, not delivered in the 

time promised (or at all), or not 

refunded upon request.4

Furthermore, the Commission lacks 

evidence that industry members 

currently use the Guides to help avoid 

deceptive practices. For example, FTC 

staff found no mention of the Guides on 

websites for industry associations, 

nurseries, or other industry entities. 

Additionally, the Commission is 

unaware of any unique, pervasive 

consumer protection issues currently 

associated with the advertising or 

labeling of outdoor plants. The sole 

comment submitted to the Commission 

argued that there was no continuing 

need for special guidance in the nursery 

industry. The absence of comments 

from nursery-related entities in response 

to the February 2018 notice reinforces 

the conclusion that the Guides have 

limited utility or significance to the 

industry in today’s market. 

Finally, the Guides’ rescission will 

have no impact on the FTC’s ability to 

address unfair and deceptive practices 

in the nursery industry. If the 

Commission determines that certain 

practices in the sale of outdoor plants 

are materially misleading, it can address 

such practices through enforcement 

actions under Section 5 of the FTC Act.5

Should industry members desire 

continued guidance, FTC staff can 

provide informal guidance through 

business education materials (e.g., 

FAQ’s) posted on the Commission’s 

website. 

IV. Request for Comment 

The Commission seeks comments on 

all aspects of the proposed rescission. 

Among other things, commenters 

should address any continuing need for 

the Guides, the impacts of their 

rescission on industry members and 

consumers, and other measures the 

Commission should consider in their 

place (e.g., business education 

materials). 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before November 5, 2018. Write 

‘‘Nursery Guides (Matter No. P994248)’’ 

on your comment. Your comment— 

including your name and your state— 

will be placed on the public record of 

this proceeding, including, to the extent 

practicable, on the public FTC website, 

at https://www.ftc.gov/policy/publiccomments. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/ 

nurseryguides, by following the 

instruction on the web-based form. If 

this Notice appears at http://

www.regulations.gov, you also may file 

a comment through that website. 

If you file your comment on paper, 

write ‘‘Nursery Guides (Matter No. 

P994248)’’ on your comment and on the 

envelope, and mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex A), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610, Washington, DC 

20024. If possible, please submit your 

paper comment to the Commission by 

courier or overnight service. 

Because your comment will be placed 

on the publicly accessible FTC website 

at www.ftc.gov, you are solely 

responsible for making sure that your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’s Social Security number; date of 

birth; driver’s license number or other 

state identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure that your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which is . . . privileged or 

confidential’’—as provided by section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c). 

In particular, the written request for 

confidential treatment that accompanies 

the comment must include the factual 

and legal basis for the request, and must 

identify the specific portions of the 

comment to be withheld from the public 

record. See FTC Rule 4.9(c). Your 

comment will be kept confidential only 

if the FTC General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on the public FTC 

website—as legally required by FTC 

Rule 4.9(b)—we cannot redact or 

remove your comment from the FTC 

website, unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 


daltland on DSKBBV9HB2PROD with PROPOSALS
45584 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website to read this 

NPRM and the news release describing 

it. The FTC Act and other laws that the 

Commission administers permit the 

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 on or 

before November 5, 2018. For 

information on the Commission’s 

privacy policy, including routine uses 

permitted by the Privacy Act, see 

https://www.ftc.gov/site-information/ 

privacy-policy. 

List of Subjects in 16 CFR Part 18 

Advertising, Nursery, Trade practices. 

PART 18—[REMOVED] 

■ For the reasons stated in the preamble, 

and under the authority of 15 U.S.C. 45, 

the Federal Trade Commission proposes 

to remove 16 CFR part 18. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2018–19227 Filed 9–7–18; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0736] 

RIN 1625–AA00 

Safety Zones; Coast Guard Sector New 

Orleans Annual and Recurring Safety 

Zones 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its safety zone regulations for 

annual events in Coast Guard Sector 

New Orleans’ area of responsibility. 

This proposed rule would add four new 

recurring safety zones and amend the 

location or dates for two events already 

listed in the table. This action is 

necessary to protect spectators, 

participants, and vessels from the 

hazards associated with annual marine 

events. This proposed rulemaking 

would prohibit entry into the safety 

zones during the events unless 

authorized by the Captain of the Port 

Sector New Orleans or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before October 10, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0736 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Commander Benjamin Morgan, Sector 

New Orleans, U.S. Coast Guard; 

telephone 504–365–2281, email 

Benjamin.P.Morgan@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector New 

Orleans 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Captain of the Port Sector New 

Orleans (COTP) proposes to amend 

Table 5 of 33 CFR 165.801 to update the 

table of annual firework displays and 

other marine events in Coast Guard 

Sector New Orleans. The current list of 

annual and recurring safety zones in 

Sector New Orleans is published in 

Table 5 of 33 CFR 165.801. That most 

recent table was created through the 

interim final rule published on April 22, 

2014 (79 FR 22398). The current Table 

5 in 33 CFR 165.801 needs to be 

amended to include new safety zones 

expected to recur annually and provide 

new information on two existing safety 

zones. 

The proposed annually recurring 

safety zones are necessary to provide for 

the safety of life on navigable waters 

during marine events. Based on the 

nature of these marine events, large 

numbers of participants and spectators, 

and locations of the events, the COTP 

has determined that the events listed in 

this proposed rule could pose a risk to 

participants or waterway users if the 

normal vessel traffic were to interfere 

with the events. Possible hazards 

include risks of injury or death from 

near or actual contact among participant 

vessels and spectators or mariners 

traversing through the safety zones. In 

order to protect the safety of all 

waterway users, including event 

participants and spectators, this 

proposed rule would establish safety 

zones for the time and location of each 

marine event. 

This purpose of this proposed 

rulemaking is to ensure the safety of 

vessels on the navigable waters in the 

safety zones during the scheduled 

events. Vessels would not be permitted 

to enter the safety zone unless 

authorized by the COTP or a designated 

representative. The Coast Guard 

proposes this rulemaking under 

authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to amend its 

safety zone regulations for annual 

events in Coast Guard Sector New 

Orleans listed in Table 5 of 33 CFR 

165.801. From time to time this section 

needs to be amended to properly reflect 

recurring safety zones in Sector New 

Orleans’ area of responsibility. This rule 

would add four new recurring safety 

zones and amend the location or dates 

of two safety zones already listed in the 

current table. Other than the described 

changes, the regulations of 33 CFR 

165.801 and other provisions in Table 5 

of § 165.801 would remain unchanged. 

The Coast Guard proposes to revise 

regulations in Table 5 of 33 CFR 165.801 

by adding four new safety zones. The 

safety zones being added to Table 5 are 

below: 

Date Sponsor/name 

Sector New 

Orleans 

location 

Safety zone 

Saturday before Labor Day Baton Rouge Paddle Club 

and Muddy water Paddle 

Co./Big River Regional.

Baton Rouge, LA ............... Mississippi River from mile marker 215 to 230.4, 

Baton Rouge, LA. 

July 4th ................................ L’Auberge Casino Baton 

Rouge/July 4th Celebration.

Baton Rouge, LA ............... Mississippi River from mile marker 216.0 to 217.5, 

Baton Rouge, LA. 


daltland on DSKBBV9HB2PROD with PROPOSALS