Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Proposed Rules 5491 

FIGURE 1 TO PARAGRAPH (C)—LYCOMING ENGINE TIO–540–AJ1A AFFECTED S/NS—Continued 

Engine S/N Engine S/N Engine S/N Engine S/N 

L–13884–61E L–13967–61E L–14026–61E RL–8767–61E 

L–13885–61E L–13973–61E L–14028–61E RL–8914–61E 

L–13886–61E L–13975–61E L–14034–61E RL–8979–61E 

L–13895–61E L–13976–61E L–14054–61E RL–9399–61E 

L–13896–61E L–13979–61E L–14055–61E RL–9466–61E 

L–13898–61E L–13981–61E L–14056–61E RL–9618–61E 

L–13900–61E L–13983–61E L–14057–61E RL–9663–61E 

L–13902–61E L–13984–61E L–14062–61E RL–10098–61E 

L–13907–61E L–13993–61E L–14063–61E RL–10194–61E 

L–13913–61E L–13996–61E L–14066–61E RL–10249–61E 

L–13915–61E L–13997–61E L–14067–61E RL–10615–61E 

L–13930–61E L–13998–61E L–14069–61E RL–11011–61E 

L–13931–61E L–13999–61E L–14071–61E RL–12121–61E 

L–13934–61E L–14000–61E L–14076–61E RL–12163–61E 

L–13936–61E L–14001–61E L–14077–61E RL–12343–61E 

L–13938–61E L–14003–61E RL–1726–61E RL–13352–61E 

L–13939–61E L–14004–61E RL–1810–61E RL–13601–61E 

L–13946–61E L–14005–61E RL–1862–61E 

(d) Unsafe Condition 

This AD was prompted by several reports 

of cracked engine exhaust pipes. We are 

issuing this AD to prevent failure of the 

exhaust system due to cracking, which could 

lead to uncontrolled engine fire, harmful 

exhaust gases entering the cabin resulting in 

crew incapacitation, and damage to the 

airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) For affected engines with an S/N listed 

in Figure 1 to paragraph (c) of this AD with 

400 hours or less time since new (TSN) or 

time since last overhaul (TSLO), and for any 

TIO–540–AJ1A reciprocating engine with a 

replacement turbocharger mounting bracket 

installed that was purchased between April 

5, 2012 and May 29, 2014, that has 

accumulated 400 hours or less time-inservice (TIS), within 25 hours after the 

effective date of this AD, replace the 

turbocharger mounting bracket with a part 

eligible for installation, and inspect the 

exhaust pipes for cracks. Use Lycoming 

Engines Mandatory Service Bulletin (MSB) 

No. 614A, dated October 10, 2014, Exhaust 

System Disassembly and Removal, 

paragraphs 1 through 22 to replace the 

bracket, and Exhaust System Inspection, 

paragraphs 1 through 5 to do the inspection. 

(2) For affected engines with an S/N listed 

in Figure 1 to paragraph (c) of this AD with 

more than 400 hours TSN or TSLO, and for 

any TIO–540–AJ1A reciprocating engine with 

a replacement turbocharger mounting bracket 

installed that was purchased between April 

5, 2012 and May 29, 2014, that has 

accumulated more than 400 hours TIS, 

replace the turbocharger mounting bracket 

with a part eligible for installation, and 

inspect the exhaust pipes for cracks at the 

next engine overhaul, separation of the 

crankcase halves, or twelve years from the 

effective date of this AD, whichever comes 

first. Use Lycoming Engines MSB No. 614A, 

dated October 10, 2014, Exhaust System 

Disassembly and Removal, paragraphs 1 

through 22 to replace the bracket, and 

Exhaust System Inspection, paragraphs 1 

through 5 to do the inspection. 

(f) Installation Prohibition 

After the effective date of this AD, do not 

return to service any engine with a TIO–540– 

AJ1A turbocharger mounting bracket that was 

removed from an engine identified in Figure 

1 to paragraph (c) of this AD or that was 

purchased between April 5, 2012 and May 

29, 2014. 

(g) Credit for Previous Action 

(1) If, before the effective date of this AD, 

you replaced the turbocharger mounting 

bracket with one eligible for installation you 

may take credit for your prior corrective 

action. No further turbocharger mounting 

bracket replacement is required. 

(2) If, before the effective date of this AD, 

you performed the crack inspection using 

either of the following: 

(i) Lycoming Engines MSB No. 614A, dated 

October 10, 2014, Exhaust System Inspection, 

paragraphs 1 through 5, or 

(ii) Cessna Service Letter No. SEL–78–01, 

dated May 30, 2014, you may take credit for 

your prior corrective action. No further 

inspection is required. However, you must 

still replace the turbocharger mounting 

bracket. 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, New York Aircraft 

Certification Office, FAA, may approve 

AMOCs to this AD. Use the procedures found 

in 14 CFR 39.19 to make your request. 

(i) Related Information 

(1) For more information about this AD, 

contact Norm Perenson, Aerospace Engineer, 

New York Aircraft Certification Office, FAA, 

Engine & Propeller Directorate, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 11590; 

phone: 516–228–7337; fax: 516–794–5531; 

email: norman.perenson@faa.gov. 

(2) Lycoming Engines MSB No. 614A, 

dated October 10, 2014, which is not 

incorporated by reference, can be obtained 

from Lycoming Engines using the contact 

information in paragraph (i)(3) of this AD. 

(3) For service information identified in 

this AD, contact Lycoming Engines, 652 

Oliver Street, Williamsport, PA 17701; 

phone: 800–258–3279; fax: 570–327–7101; 

Internet: www.lycoming.com/Lycoming/ 

SUPPORT/TechnicalPublications/ 

ServiceBulletins.aspx. 

(4) You may view this service information 

at the FAA, Engine & Propeller Directorate, 

12 New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

Issued in Burlington, Massachusetts, on 

January 21, 2015. 

Colleen M. D’Alessandro, 

Assistant Directorate Manager, Engine & 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2015–01835 Filed 1–30–15; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Parts 500 and 502 

RIN 3084–AB33 

Rules, Regulations, Statements of 

General Policy or Interpretation and 

Exemptions Under the Fair Packaging 

and Labeling Act 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Notice of proposed rulemaking; 

request for public comment. 

SUMMARY: Based on comments received 

in response to its Advance Notice of 

Proposed Rulemaking (‘‘ANPR’’), the 

Commission proposes amending the 

rules and regulations promulgated 

under the Fair Packaging and Labeling 

Act (‘‘Rules’’) to modernize the place-ofbusiness listing requirement; 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

5492 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Proposed Rules 

1Consumer commodities are any food, device, or 

cosmetic, and any other article, product, or 

commodity that is customarily produced or 

distributed for sale through retail sales agencies or 

instrumentalities for consumption or use by 

individuals for purposes of personal care or in the 

performance of services ordinarily rendered within 

the household, and which usually is consumed or 

expended in the course of such consumption or use. 

15 U.S.C. 1459(a). The Food and Drug 

Administration administers the FPLA with respect 

to food, drugs, cosmetics, and medical devices. 15 

U.S.C. 1454(a); 15 U.S.C. 1456(a). 

2 15 U.S.C. 1459(a)(1) through (5) (excluding, 

among other products, specified categories of meat, 

poultry, tobacco, insecticide, fungicide, drug, 

alcohol, and seed products). 

3 16 CFR 503.2, 503.5. Many products outside the 

scope of the FPLA and the Rules nevertheless fall 

within the purview of individual state laws. 15 

U.S.C. 1461. See also National Institute of 

Standards and Technology Handbook 130, Uniform 

Laws and Regulations in the areas of legal 

metrology and engine fuel quality (2015 ed.) 

(compilation of state and federal laws and 

regulations pertaining to product labeling and 

packaging). 

4 16 CFR 500.4. 

5 16 CFR 500.5. 

6 16 CFR 500.6(b). The Office of Weights and 

Measures of the National Institute of Standards and 

Technology, U.S. Department of Commerce, is 

authorized to promote, to the greatest practical 

extent, uniformity in state and federal regulation of 

the labeling of consumer commodities. 15 U.S.C. 

1458(a)(2). 

7The FPLA was amended in 1992 to require use 

of metric measurements, in addition to customary 

inch/pound measures. Public Law 102–245 

(February 14, 1992); Public Law 102–329 (August 

3, 1992). In 1994, the FTC modified its regulations 

accordingly. 59 FR 1862 at 1872 (Jan. 12, 1994). 

8 16 CFR 500.27. 

9 16 CFR 500.28. 

10 16 CFR 500.29. 

11 15 U.S.C. 1454(c). This discretionary authority 

enables the FTC to address four situations: (1) 

Setting size standards that supplement label 

statements of net quantity; (2) regulating packaging 

that claims a product price is lower than its 

customary retail price; (3) requiring labels to use 

common names or listing ingredients in order of 

decreasing prominence; and (4) preventing 

nonfunctional slack-fill. 15 U.S.C. 1454(c). 

12A cents-off representation is one in which 

‘‘cents-off’’ or a similar term is used to indicate that 

the consumer commodity is being offered for sale 

at a price lower than the ordinary and customary 

retail price. 16 CFR 502.100. 

13An introductory offer is one in which 

‘‘introductory offer’’ or a similar phrase is used to 

indicate that the consumer commodity is being 

offered for sale at a price lower than the ordinary 

and customary retail price. 16 CFR 502.101(b)(1). 

The Rules prohibit introductory offers in a trade 

area for a duration in excess of six months. 16 CFR 

502.101(b)(3). 

14An economy size representation is one in 

which ‘‘economy size’’ or similar phrase is used to 

indicate that the consumer commodity has a retail 

sale price advantage due to the size of that package 

or the quantity of its contents. 16 CFR 502.102. 

15 79 FR 15272 (March 19, 2014). 

16The comments are posted at http://www.ftc.

gov/policy/public-comments/initiative-554. The 

Commission has assigned each comment a number 

appearing after the name of the commenter and the 

date of submission. This notice cites comments 

using the last name of the individual submitter or 

the name of the organization, followed by the 

number assigned by the Commission. 

17Schlesinger (12), Steele (11), Mechtly (9), 

Mechtly (10), Dunn (14), Lewis (15), Vlietstra (13), 

Nichols (2), Bushnell (7), Sarich (8). The two 

Mechtly comments are identical. 

18Beaumont Products, Inc. (‘‘Beaumont’’) (6). 

19U.S. Metric Association (‘‘US Metric’’) (3). 

20Packaging and Labeling Subcommittee of the 

National Conference on Weights and Measures 

(‘‘NCWM’’) (1), Standards Coordinating Committee 

of the Institute of Electrical and Electronics 

Engineers (‘‘IEEE’’) (4). 

21Police Assistance Committee of Nigeria (5). 

incorporate a more comprehensive 

metric chart; address the use of 

exponents with customary inch/pound 

measurements; delete outdated 

prohibitions on retail price sales 

representations; and acknowledge the 

role of the weights-and-measures laws 

of individual states. The Commission 

seeks comment on these proposals. 

DATES: Written comments must be 

received on or before March 30, 2015. 

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 ‘‘FPLA Rules, 16 CFR parts 

500–503, Project No. R411015’’ on your 

comment, and file your comment online 

at https://ftcpublic.commentworks.com/

ftc/fplanprm by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘FPLA Rules, 16 CFR parts 

500–503, Project No. R411015’’ 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 G), 

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 

(Annex G), Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Megan E. Gray, Attorney, (202) 326– 

3408, Division of Enforcement, Bureau 

of Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue 

NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Fair Packaging and Labeling Act, 

15 U.S.C. 1451 et seq., was enacted in 

1966 to enable consumers to obtain 

accurate package quantity information 

to facilitate value comparisons and 

prevent unfair or deceptive packaging 

and labeling of ‘‘consumer 

commodities.’’ 1 The Rules generally 

concern products consumed during 

household use. However, several 

categories of these products are exempt 

from FTC regulations under the FPLA.2

Moreover, the FTC has excluded certain 

other items from the Rules.3

Section 1453 of the Act directs the 

Commission to issue regulations 

requiring that all ‘‘consumer 

commodities’’ be labeled to disclose: (a) 

The identity of the commodity (e.g., 

detergent, sponges), which must appear 

on the principal display panel of the 

commodity in conspicuous type and 

position so that identity is easy to read 

and understand; 4 (b) the name and 

place of business of the product’s 

manufacturer, packer, or distributor; 5

and (c) the net quantity of contents in 

terms of weight, measure, or numerical 

count, with such disclosure’s placement 

and content in accordance with the 

Rules.6 The Rules detail how units of 

weight or mass and measure must be 

stated, and require use of both U.S. (e.g., 

pounds, feet, and gallons) and metric 

measures.7 The Rules also require net 

quantity disclosures for packages 

containing more than one product or 

unit, including: (a) ‘‘multi-unit 

packages’’; 8 (b) ‘‘variety packages’’; 9

and (c) ‘‘combination packages.’’ 10

In addition, the Act grants the FTC 

authority to issue rules to prevent 

consumer deception and facilitate value 

comparisons.11 The FTC has used this 

authority to address three types of 

representations: ‘‘cents-off,’’ 12

‘‘introductory offer,’’ 13 and ‘‘economy 

size.’’ 14

To address these provisions as well as 

the rest of the Rules, the Commission, 

as part of its ongoing regulatory review 

program, published an ANPR in March 

2014 seeking comment on the economic 

impact of, and the continuing need for, 

the Rules; the benefits of the Rules to 

consumers; and any burdens the Rules 

place on businesses.15

In response, the Commission received 

a number of comments. This Notice of 

Proposed Rulemaking (‘‘NPRM’’) 

summarizes those comments, explains 

the Commission’s decision to retain the 

Rules, proposes several amendments, 

and explains why the Commission has 

declined to propose certain 

amendments advocated by some 

commenters. This NPRM also sets forth 

the Commission’s proposed 

amendments to the Rules. 

II. Summary of Comments 

The Commission received 15 

comments 16 in response to the ANPR 

from a diverse set of commenters: 

Individuals; 17 a consumer products 

manufacturer; 18 an association 

promoting use of the metric system; 19

professional associations representing 

officials, engineers, and industries 

affected by the Rules; 20 and a Nigerian 

police assistance organization.21 The 

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Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Proposed Rules 5493 

22NCWM (1), IEEE (4), Nichols (2), US Metric (3), 

Schlesinger (12), Vlietstra (13), Mechtly (9), Steele 

(11). 

23NCWM (1). 

24NCWM (1). 

25NCWM (1), Steele (11), Beaumont (6). 

26NCWM (1), Steele (11). 

27See, e.g., NCWM (1), Steele (11). 

28 16 CFR 500.5(a) through (e). The Act itself 

requires the label to include the place of business, 

but does not specify to what level of detail. 15 

U.S.C. 1453(a)(1). 

29NCWM (1). 

30 15 U.S.C. 1454(c)(2). 

31 In 1997, the U.S. Food and Drug 

Administration revoked similar regulations for 

‘‘cents off’’ and economy size representations, on 

the grounds that such representations were no 

longer used in the marketplace. 62 FR 39439 (July 

23, 1997). 

comments expressed general support for 

the Rules but recommended that the 

Commission modify or clarify certain 

aspects of them. A number of comments 

raised issues associated with metric 

measurements and voiced support for a 

metric-only system.22 One comment 

made semantic and punctuation points, 

and addressed numeric nomenclature.23

That commenter also considered the 

continued utility of requiring labels to 

list street addresses since the advent of 

Internet directories.24 Three comments 

addressed aspects of net quantity 

statements.25 The NCWM comment 

suggested deletion of regulations 

governing quantity or value claims in 

certain circumstances because they are 

no longer used in the marketplace. That 

comment also recommended an 

expanded definition of ‘‘consumer 

commodity,’’ as well as expanded 

regulations for slack-fill. This comment 

additionally requested more explicit 

recognition of state labeling laws. 

Finally, two comments addressed the 

lack of uniformity in labeling laws, 

domestically and internationally (e.g., 

language differences and different 

products falling under Department of 

Agriculture labeling requirements).26

III. Retention of the Rules 

As part of the Commission’s 

systematic regulatory review, the ANPR 

asked whether there is a continuing 

need for the Rules and requested 

comment about the Rules’ benefits and 

costs. In response, commenters 

expressed wide support for the Rules; 

no commenter suggested they be 

repealed.27 The record provides no 

evidence that the Rules impose 

excessive costs on industry, including 

small businesses, or that the disclosures 

required by the Rules are immaterial to 

consumers. Therefore, the Commission 

proposes retaining the Rules, but with 

certain amendments suggested by 

various comments. 

IV. Proposed Amendments 

Based on the record and the 

Commission’s experience, the 

Commission proposes several 

amendments as explained below. The 

Commission also explains why it 

declines to propose several other 

amendments. 

A. Modernize the Place-of-Business 

Listing Requirement 

The Commission proposes to amend 

the Rules’ place-of-business listing 

requirement. Currently, the Rules 

require a label to conspicuously state 

the name and place of business of the 

manufacturer, packer, or distributor and 

further specify that the place of business 

statement contain the street address, 

city, state, and ZIP code. The street 

address, however, may be omitted if it 

is listed in a current city or telephone 

directory.28 The NCWM comment 

suggested that this exception be 

extended to Internet directories, 

explaining that they serve the same 

purpose as printed telephone 

directories. The Commission agrees. It, 

therefore, proposes to revise this 

exception to permit a business to omit 

the street address if it is listed in any 

readily accessible, well-known, widely 

published, and publicly available 

resource, including but not limited to a 

printed directory, electronic database, or 

Web site. The inclusion of ‘‘any readily 

accessible, widely published, and 

publicly available resource’’ in the 

exception is flexible and intended to 

encompass new technologies that meet 

these requirements. 

B. Incorporate a More Comprehensive 

Metric Chart 

The NCWM comment noted that 

Section 500.19(a) currently contains an 

incomplete metric conversion chart that 

fails to list other possible, albeit 

uncommon, conversion factors that a 

packager might use, such as weight 

expressed in grain, or length expressed 

in rods. The Commission proposes to 

correct this omission by deleting the 

current chart and incorporating by 

reference the complete metric 

conversion chart published in National 

Institute of Standards and Technology 

Handbook 130, Uniform Laws and 

Regulations in the areas of legal 

metrology and engine fuel quality (2015 

ed., p. 95). Members of the public can 

access the Handbook online at NIST’s 

Web site, NIST.gov. 

C. Address the Use of Exponents With 

Customary Inch/Pound Measurements 

NCWM noted that, in the current rule 

(section 500.22), exponents are not 

listed for customary inch/pound 

measurements, but are included in the 

metric examples listed in Section 

500.23(b) (e.g., cubic centimeter—cm3). 

Because exponents are not listed in the 

customary inch/pound measurements, 

NCWM argued that affected businesses 

may think they are not permitted. It 

further asserted that use of exponents 

with both metric and customary inch/

pound units is common in the 

marketplace. Moreover, the Office of 

Weights and Measures of the National 

Institute of Standards and Technology, 

U.S. Department of Commerce, which is 

authorized to promote uniformity in 

labeling regulation, has historically 

sanctioned exponent use with 

customary inch/pound units.29

Therefore, the Commission now 

proposes to clarify the Rules to 

expressly permit exponents with 

customary inch/pound measurements 

(e.g., cubic inches—in3). 

D. Delete Prohibitions on Certain Retail 

Price Sales Representations 

The Commission proposes to 

eliminate sections addressing when and 

how a packager or labeler represents a 

commodity to be ‘‘cents off,’’ an 

‘‘introductory offer,’’ or ‘‘economy 

size.’’ 30 The Commission originally 

promulgated these provisions to curtail 

certain price representations that were 

commonly used in a deceptive manner 

during the 1960s and 1970s. However, 

these representations are now rarely 

seen in the modern marketplace. 

Indeed, they have been absent for some 

time.31 Should they re-appear, the 

Commission has other tools at its 

disposal to ensure they are not used 

deceptively. 

E. Acknowledge the Role of Weightsand-Measures Laws of Individual States 

NCWM reported that businesses look 

to the Rules but often neglect state 

regulations. Many products outside the 

Commission’s FPLA purview fall within 

the purview of those laws. NCWM 

asserted that amending the Rules to 

acknowledge the state role would aid 

compliance efforts by alerting 

businesses that state laws may apply. 

Therefore, the Commission proposes to 

amend the Rules to state ‘‘[m]any 

products exempted through proceedings 

under section 5(b) of the Act and section 

500.3(e) of this chapter or excluded 

under part 503 of this chapter 

nonetheless fall within the purview of 

the weights-and-measures laws of 

individual states.’’ 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

5494 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Proposed Rules 

32 16 CFR 500.6(b). 

33Nichols (2), US Metric (3), IEEE (4), Schlesinger 

(12), Vlietstra (13), Mechtly (10), Steele (11); see 

also NCWM (1) (acknowledging that the FPLA 

requires use of customary inch/pound units, but 

recommending that the Commission exercise its 

enforcement discretion to allow use of metric-only 

net quantity statements). 

34Section 1453(a)(2). 

35NCWM (1); 16 CFR 500.2(k) (customary inch/ 

pound includes ‘‘the fluid ounce, pint, quart, and 

gallon for volume.’’) 

36See Section 1453(a)(2) (using ‘‘customary inch/ 

pound’’ phrase). 

37 ‘‘Consumer commodity’’ is defined in Section 

1459(a) of the Act and further clarified in Sections 

500.2(c), 503.2, and 503.5 of the Rules. 

38NCWM (1). This proposal would affect Sections 

500.9–14. 

39See examples in the Act’s Section 

1453(a)(3)(A)(i–iv) and the Rule’s Sections 500.9– 

14. 

40Section 1453(a)(3)(A)(i–iv). For example, 

Section 1453(a)(3)(A)(i) states, ‘‘if on a package 

labeled in terms of weight, [the net quantity of 

contents] shall be expressed in pounds, with any 

remainder in terms of ounces or common or 

decimal fractions of the pound.’’ Using NCWM’s 

example, the 25 ounce powder laundry detergent’s 

net quantity statement also can be expressed either 

as 1 pound 9 ounces or 1.56 pounds. 

41NCWM (1), Mechtly (10), Steele (11), 

Schlesinger (12), IEEE (4), Nichols (2). 

V. Other Amendments the Commission 

Declines To Propose 

Several comments urged the 

Commission to revise the Rules to: 

(1) Prohibit certain net quantity 

comparisons; (2) permit metric-only 

labels; (3) change ‘‘customary inch/

pound’’ terminology; (4) prohibit 

periods and plurals in customary inch/ 

pound abbreviations; (5) expand the 

definition of consumer commodity and 

rules governing non-functional slackfill; (6) permit icons for items sold by 

numeric count; and (7) harmonize 

labeling regulations throughout the 

federal government and internationally. 

As explained below, the Commission 

declines these requests either because 

the record is insufficient to support 

them or the Commission lacks the 

authority to adopt them. 

A. Prohibit Certain Net Quantity 

Comparisons 

The NCWM comment urged the 

Commission to expand section 

500.6(b)’s prohibition on supplemental 

descriptions of net quantity statements. 

The section currently prohibits 

misleading terms used to qualify a unit 

of weight or mass, measure, or count, 

giving specific impermissible examples 

such as ‘‘jumbo quart,’’ ‘‘giant liter,’’ 

‘‘full gallon,’’ ‘‘when packed,’’ and 

‘‘minimum.’’ NCWM sought to 

affirmatively prohibit terms such as 

‘‘approximately’’ or ‘‘equivalent to,’’ 

explaining that such a ban would 

reduce consumer confusion and provide 

clearer guidance to businesses. 

The Rule, however, already covers 

these statements, to the extent they are 

misleading, by prohibiting any net 

quantity qualifiers ‘‘of similar 

import.’’ 32 Moreover, the record 

contains no evidence of widespread 

deception using these terms. Because an 

outright ban could impinge on nondeceptive comparative performance 

claims, the Commission declines to 

adopt this amendment without a greater 

showing that a ban is needed. 

B. Permit Metric-Only Labels 

Several comments sought to revise the 

regulations to permit metric-only 

labeling.33 However, the Act requires 

both customary inch/pound and metric 

labeling.34 Thus, the Commission lacks 

the authority to amend the Rules to 

implement this proposal. 

C. Change ‘‘Customary Inch/Pound’’ 

Terminology 

The Rules make numerous references 

to ‘‘customary inch/pound’’ to describe 

non-metric measurements. One 

comment proposed to substitute the 

phrase ‘‘U.S. Customary units’’ in place 

of ‘‘customary inch/pound,’’ explaining 

the latter term is confusing because it 

does not, on its face, include volume 

(although the Rules definition does).35

The Act itself, however, uses the 

‘‘customary inch/pound’’ terminology. 

Creating a discrepancy between the 

language of the Act and that of the Rules 

risks injecting a new layer of confusion. 

Therefore, the proposed Rules continue 

to mirror the Act’s language.36

D. Prohibit Periods and Plurals in 

Customary Inch/Pound Abbreviations 

Section 500.22 currently permits the 

use of periods and plurals with 

customary inch/pound abbreviations in 

connection with the net-quantity-ofcontent statement. For example, a label 

can use ‘‘in.’’ or ‘‘in’’ as the abbreviation 

for ‘‘inch’’ and ‘‘lbs or ‘‘lb’’ for 

‘‘pounds.’’ NCWM proposed to prohibit 

these periods and plurals because they 

are inconsistent with the metric system, 

and reportedly cause confusion in the 

marketplace. The NCWM comment also 

stated that use of periods and plurals on 

commodity labels is rare. If use of 

periods and plurals is rare, however, 

consumer confusion resulting from their 

use would be equally rare. In the 

absence of evidence of consumer 

confusion, the Commission declines to 

propose prohibiting the use of periods 

and plurals. 

E. Expand the Definition of Consumer 

Commodity and Issue Rules Governing 

Non-Functional Slack-Fill 

The NCWM comment asked the 

Commission to expand its definition of 

‘‘consumer commodity’’ and issue rules 

governing non-functional slack-fill.37

The comment, however, did not request 

specific amendments, identify widespread marketplace deception, or 

provide information on the costs and 

benefits of these proposals. Therefore, 

the Commission declines to pursue such 

expansion. 

F. Permit Icons for Items Sold by 

Numeric Count 

The NWCM comment sought to 

permit the use of icons (pictoral 

symbols) to display a numeric count. 

For example, a package could convey 

that it contains three razors with a label 

showing three razor symbols. The Rules 

do not prohibit the non-misleading use 

of icons to display numeric count. 

Therefore, this revision is unnecessary. 

G. Require Largest Common Whole Unit 

for Customary Inch/Pound 

Measurements When Several Sizes of 

Same Product Are in Marketplace 

One comment sought to revise the 

Rules to require use of the largest 

common whole unit for customary inch/ 

pound measurements when several 

sizes of the same product are in the 

marketplace.38 For example, if powder 

laundry detergent is sold in 12.5 ounce; 

1 pound, 9 ounce; and 3 pound, 2 ounce 

sizes, NCWM sought to revise the Rules 

to require each container to use the 

largest whole unit common to all three 

sizes (in this instance, ounces, e.g. 12.5, 

25, and 50 ounces). The Rules currently 

permit this expression of measurements 

but do not require it.39 The Commission 

need not explore whether such an 

amendment would be beneficial because 

the Act expressly permits expression of 

remainders in common whole units 

(e.g., ‘‘expressed in pounds, with any 

remainder in terms of ounces . . .’’).40

Therefore, the Commission lacks the 

authority to adopt such a change. 

H. Harmonize Labeling Regulations 

Several comments noted complexities 

in overlapping domestic labeling laws 

as well as conflicting international 

systems.41 For example, according to 

the NCWM comment, while a paper 

towel would be traditionally covered 

under the Rules, a microwave-safe paper 

towel would likely fall under FDA 

jurisdiction. As a result, businesses face 

difficulty achieving market efficiencies 

because slight changes in a product or 

sale region require different packaging 

and labels. However, the Act 

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Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Proposed Rules 5495 

42 15 U.S.C. 1458. 

43Police Assistance Committee of Nigeria (5). 

44 Dunn (14). 

45Beaumont (6). 

46 In particular, the written request for 

confidential treatment accompanying 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), 16 CFR 4.9(c). 

specifically directs the Secretary of 

Commerce to address uniformity 

between state and federal FPLA labeling 

regulations.42 Having two agencies 

addressing the same problem could lead 

to confusion, or worse, confliciting 

advice. Therefore, the Commission 

defers to the Department of Commerce, 

to which Congress delegated this 

authority. Between federal agencies and 

international regulators, the 

Commission will continue to work to 

the best of its ability to harmonize any 

overlapping regulations that unduly 

burden entities. 

The Commission also received 

requests for changes beyond the scope 

of the Rules, such as creation of a 

mechanism to detect fake 

commodities,43 uniform expiration 

dates,44 and changes to a National 

Institute of Standards and Technology 

manual.45 The Rules, however, are 

limited to the packaging and labeling 

aspects of certain consumer 

commodities. Therefore, these requests 

are beyond the subject matter of this 

proceeding. 

VI. Request for Comments 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before March 30, 2015. Write ‘‘FPLA 

Rules, 16 CFR parts 500–503, Project 

No. R411015’’ 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 

Commission Web site, at http://www.ftc.

gov/os/publiccomments.shtm. As a 

matter of discretion, the Commission 

tries to remove individuals’ home 

contact information from comments 

before placing them on the Commission 

Web site. 

Because your comment will be made 

public, you are solely responsible for 

making sure your comment doesn’t 

include any sensitive personal 

information, such as anyone’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 your comment does not 

include any sensitive health 

information, such as medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is . . . 

privileged or confidential,’’ as discussed 

in 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). In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you have to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c).46 Your comment will be kept 

confidential only if the FTC General 

Counsel grants your request in 

accordance with the law. 

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 the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/

fplanprm, by following the instructions 

on the web-based form. If this Notice 

appears at http://www.regulations.gov/#

!home, you also may file a comment 

through that Web site. 

If you file your comment on paper, 

write ‘‘FPLA Rules, 16 CFR parts 500– 

503, Project No. R411015’’ on your 

comment and on the envelope, and mail 

or deliver it to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW., Suite CC–5610 (Annex G), 

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 

(Annex G), Washington, DC 20024. If 

possible, submit your paper comment to 

the Commission by courier or overnight 

service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this NPRM 

and the news release describing it. The 

FTC Act and other laws 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 it 

receives on or before March 30, 2015. 

You can find more information, 

including routine uses permitted by the 

Privacy Act, in the Commission’s 

privacy policy, at http://www.ftc.gov/

ftc/privacy.htm. 

The Commission invites members of 

the public to comment on any issues or 

concerns they believe are relevant or 

appropriate to the Commission’s 

consideration of proposed amendments 

to these Rules. The Commission 

requests you provide factual data upon 

which your comments are based. In 

addition to the issues raised above, the 

Commission solicits public comment on 

the costs and benefits to industry 

members and consumers of each of the 

proposals as well as the specific 

questions identified below. These 

questions are designed to assist the 

public and should not be construed as 

a limitation on the issues on which 

public comment may be submitted. 

Questions 

1. General Questions on Proposed 

Amendments: To maximize the benefits 

and minimize the costs for buyers and 

sellers (including small businesses), the 

Commission seeks views and data on 

the following general questions for each 

of the proposed changes described in 

this NPRM: 

(A) What benefits would a proposed 

change confer and on whom? The 

Commission in particular seeks 

information on any benefits a change 

would confer on consumers of 

consumer commodities as defined in the 

Act. 

(B) What costs or burdens would a 

proposed change impose and on whom? 

The Commission in particular seeks 

information on any burdens a change 

would impose on small businesses. 

(C) What regulatory alternatives to the 

proposed changes are available that 

would reduce the burdens of the 

proposed changes while providing the 

same benefits? 

(D) What evidence supports your 

answers? 

2. Use of Exponents with Customary 

Inch/Pound Units. 

(A) Would the proposed amendment 

to customary inch/pound units to 

permit exponents positively or 

negatively affect the extent to which 

consumers are informed about net 

quantity of content? If so, how? 

(B) Would the proposed amendment 

to customary inch/pound units to 

permit exponents prevent deception or 

confusion regarding net quantity of 

consumer commodities? If so, how? 

Should the Commission provide 

different or additional examples of netquantity-of-content statements for 

customary inch/pound units? If so, 

what? 

(C) What evidence supports your 

answers? 

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5496 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Proposed Rules 

47See 16 CFR 1.26(b)(5). 

48 44 U.S.C. 3501 et seq. On May 2, 2012, OMB 

granted clearance through May 31, 2015, for these 

requirements and the associated PRA burden 

estimates. The OMB control number is 3084–0110. 

49 5 U.S.C. 601–612. 

50The Commission previously conducted an RFA 

analysis of the Rules. 59 FR 1862 (Jan. 12, 1994). 

51 5 U.S.C. 605. 52 5 U.S.C. 601(3). 

VII. Communications to Commissioners 

and Commissioner Advisors by Outside 

Parties 

Written communications and 

summaries or transcripts of oral 

communications respecting the merits 

of this proceeding from any outside 

party to any Commissioner or 

Commissioner’s advisor will be placed 

on the public record.47

VIII. Paperwork Reduction Act 

The Rules contain various existing 

information collection requirements for 

which the Commission has obtained 

OMB clearance under the Paperwork 

Reduction Act (‘‘PRA’’).48 Because the 

proposed amendments do not trigger 

additional recordkeeping, disclosure, or 

reporting requirements, there is no 

incremental burden under the PRA. See 

44 U.S.C. 3501–3521. 

IX. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) 49 requires the Commission to 

conduct an analysis of the anticipated 

economic impact of the proposed 

amendments on small entities.50 The 

purpose of a regulatory flexibility 

analysis is to ensure the agency 

considers the impacts on small entities 

and examines regulatory alternatives 

that could achieve the regulatory 

purpose while minimizing burdens on 

small entities. Section 605 of the RFA 51

provides that such an analysis is not 

required if the agency head certifies that 

the regulatory action will not have a 

significant economic impact on a 

substantial number of small entities. 

The Commission believes the 

proposed amendments will not have a 

significant economic impact on small 

entities, although they may affect a 

substantial number of small businesses. 

The proposed amendments expand 

labeling options to accommodate the 

rise of online media, remove 

unnecessary price statement 

prohibitions, or are technical in nature. 

In the Commission’s view, the 

proposed amendments will not have a 

significant or disproportionate impact 

on the costs small entities incur in 

manufacturing, distributing, or selling 

consumer commodities. Indeed, the 

proposed rule revisions provide 

increased flexibility for companies 

complying with the Rule. Therefore, 

based on available information, the 

Commission certifies that amending the 

Rules as proposed will not have a 

significant economic impact on a 

substantial number of small businesses. 

Although the Commission certifies 

under the RFA that the proposed 

amendments will not, if promulgated, 

have a significant impact on a 

substantial number of small entities, the 

Commission has nonetheless 

determined it is appropriate to publish 

an Initial Regulatory Flexibility 

Analysis to inquire into the impact of 

the proposed amendments on small 

entities. Therefore, the Commission has 

prepared the following analysis: 

A. Description of the Reasons the 

Agency Is Taking Action 

In response to public comments, the 

Commission proposes amending the 

Rules to respond to changed commercial 

practices and updated industry 

standards. 

B. Statement of the Objectives of, and 

Legal Basis for, the Proposed 

Amendments 

The objective of the proposed 

amendments is to clarify and update the 

Rules in accordance with marketplace 

practices. The Act authorizes the 

Commission to implement its 

requirements through the issuance of 

rules. 

The proposed amendments will 

clarify and update the Rules, and 

provide covered entities with additional 

labeling options without imposing 

significant new burdens or additional 

costs. 

C. Small Entities to Which the Proposed 

Amendments Will Apply 

The proposed amendments cover 

every company in the economy that 

produces consumer commodities other 

than those commodities falling within 

the authority of other agencies or 

otherwise outside the Act’s or Rules’ 

scope. Based on available information, it 

is not feasible for the Commission to 

estimate the number of entities within 

this class of industry that are also small 

companies within the meaning of the 

Regulatory Flexibility Act.52 A 

substantial number of these entities 

likely qualify as small businesses. 

Nevertheless, the Commission estimates 

that the proposed amendments will not 

have a significant impact on small 

businesses because the proposed 

amendments do not impose any 

significant new obligations. The 

Commission seeks comment with regard 

to the estimated number or nature of 

small business entities, if any, for which 

the proposed amendments would have 

a significant impact. 

D. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements, 

Including Classes of Covered Small 

Entities and Professional Skills Needed 

To Comply 

As explained earlier in this document, 

the proposed amendments expand 

labeling options to accommodate the 

rise of online media, remove 

unnecessary price statement 

prohibitions, or are technical in nature. 

The small entities potentially covered 

by these proposed amendments will 

include all such entities subject to the 

Rules. The professional skills necessary 

for compliance with the Rules as 

modified by the proposed amendments 

will include office and administrative 

support supervisors to determine label 

content and clerical personnel to draft 

and obtain labels and keep records. The 

Commission invites comment and 

information on these issues, including 

estimates or data on specific compliance 

costs that small entities might be 

expected to incur. 

E. Duplicative, Overlapping, or 

Conflicting Federal Rules 

The Commission has not identified 

any other federal statutes, rules, or 

policies duplicating, overlapping, or 

conflicting with the proposed 

amendments. The Commission invites 

comment on this issue. 

F. Significant Alternatives to the 

Proposed Amendments 

The Commission has not proposed 

any specific small entity exemption or 

other significant alternatives, as the 

proposed amendments expand labeling 

options to accommodate the rise of 

online media, remove unnecessary price 

statement prohibitions, or are technical 

in nature. In addition, these proposed 

changes provide new flexibilities for 

small entitities by, for example, 

allowing regulated entities to omit a 

business address from a label if the 

address is readily available in an online 

directory or other Web site. Under these 

limited circumstances, the Commission 

does not believe a special exemption for 

small entities or significant compliance 

alternatives are necessary or appropriate 

to minimize the compliance burden, if 

any, on small entities while achieving 

the intended purposes of the proposed 

amendments. Nonetheless, the 

Commission seeks comment on the 

need, if any, for alternative compliance 

methods to reduce the economic impact 

of the Rules on small entities. If the 

comments filed in response to this 

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Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Proposed Rules 5497 

NPRM identify small entities affected by 

the proposed amendments, as well as 

alternative methods of compliance that 

would reduce the economic impact of 

the proposed amendments on such 

entities, the Commission will consider 

the feasibility of such alternatives and 

determine whether they should be 

incorporated into the final Rules. 

List of Subjects 

16 CFR Part 500 

Fair Packaging and Labeling Act, 

Incorporation by reference, Labeling, 

Packaging and containers, Trade 

practices. 

16 CFR Part 502 

Fair Packaging and Labeling Act, 

Labeling, Packaging and containers, 

Trade practices. 

Under 15 U.S.C. 1454–1455 and as 

discussed in the preamble, the Federal 

Trade Commission proposes to amend 

title 16 of the Code of Federal 

Regulations by revising parts 500 and 

502 as follows: 

PART 500—REGULATIONS UNDER 

SECTION 4 OF THE FAIR PACKAGING 

AND LABELING ACT 

■ 1. The authority citation for part 500 

continues to read as follows: 

Authority: 15 U.S.C. 1453, 1454, 1455. 

■ 2. Amend § 500.3 by revising 

paragraph (d) to read as follows: 

§ 500.3 Prohibited acts, coverage, general 

labeling requirements, exemption 

procedures. 

* * * * * 

(d) Each packaged or labeled 

consumer commodity, unless it has 

been exempted through proceedings 

under section 5(b) of the Act, shall bear 

a label specifying the identity of the 

commodity; the name and place of 

business of the manufacturer, packer, or 

distributor; the net quantity of contents; 

and the net quantity per serving, use or 

application, where there is a label 

representation as to the number of 

servings, uses, or applications 

obtainable from the commodity. Many 

products exempted through proceedings 

under section 5(b) of the Act and 

paragraph (e) of this section or excluded 

under part 503 of this chapter 

nonetheless fall within the purview of 

the weights-and-measures laws of the 

individual states. 

* * * * * 

■ 3. Amend § 500.5 by revising 

paragraph (c) to read as follows: 

§ 500.5 Name and place of business of 

manufacturer, packer or distributor. 

* * * * * 

(c) The statement of the place of 

business shall include the street 

address, city, state, and zip code; 

however, the street address may be 

omitted if it is listed in a readily 

accessible, widely published, and 

publicly available resource, including 

but not limited to a printed directory, 

electronic database, or Web site. 

* * * * * 

■ 4. Amend § 500.19 by revising 

paragraph (a) to read as follows: 

§ 500.19 Conversion of SI metric quantities 

to inch/pound quantities and inch/pound 

quantities to SI metric quantities. 

(a) For calculating the conversion of 

SI metric quantities to and from 

customary inch/pound quantities, the 

conversion chart published in the 

following handbook shall be employed: 

National Institute of Standards and 

Technology Handbook 130, Uniform 

Laws and Regulations in the areas of 

legal metrology and engine fuel quality 

(2015 ed., p. 95). This incorporation by 

reference was approved by the Director 

of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Copies may be inspected at the Federal 

Trade Commission by calling 202–326– 

2222, or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal-register/cfr/ibr-locations.html. 

* * * * * 

■ 5. Revise § 500.22 to read as follows: 

§ 500.22 Abbreviations. 

The following abbreviations and none 

other may be employed in the required 

net quantity declaration: 

Inch—in. 

Feet or foot—ft. 

Fluid—fl. 

Liquid—liq. 

Ounce—oz. 

Gallon—gal. 

Pint—pt. 

Pound—lb. 

Quart—qt. 

Square—sq. 

Weight—wt. 

Yard—yd. 

Avoirdupois—avdp. 

Cubic—cu. 

NOTE: Periods and plural forms shall 

be optional. Exponents are permitted. 

PART 502—REGULATIONS UNDER 

SECTION 5(C) OF THE FAIR 

PACKAGING AND LABELING ACT 

■ 6. The authority citation for part 502 

is revised to read as follows: 

Authority: 15 U.S.C. 1454, 1455. 

§§ 502.100 through 502.102 [Removed and 

reserved] 

■ 7. Remove and reserve §§ 502.100 

through 502.102. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2015–01629 Filed 1–30–15; 8:45 am] 

BILLING CODE 6750–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0636; FRL–9922–24– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Albuquerque/Bernalillo 

County; Revisions to Emission 

Inventory Requirements, and General 

Provisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Albuquerque/Bernalillo 

County, New Mexico State 

Implementation Plan. These revisions 

add definitions and clarifying changes 

to the general provisions and add a new 

emissions inventory regulation that 

establishes reporting requirements for 

stationary sources in Albuquerque/ 

Bernalillo County. The EPA is 

proposing to approve these revisions 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: Written comments must be 

received on or before March 4, 2015. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser (6PD–L), Air Planning 

Section, telephone (214) 665–7128, fax 

(214) 665–6762, email: 

walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittals without prior proposal 

because the Agency views these as nonmstockstill on DSK4VPTVN1PROD with PROPOSALS