This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

27240

Vol. 60, No. 99

Tuesday, May 23, 1995

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Parts 704 and 741

Corporate Credit Unions;

Requirements for Insurance

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Extension of comment period.

SUMMARY: On April 13, 1995, the NCUA

Board issued a proposed rule revising

its regulations governing corporate

credit unions and requirements for

insurance. 60 FR 20438 (April 26, 1995).

Comments were requested by June 26,

1995.

The supplementary section of the

proposed rule indicated that NCUA

would be conducting analytical

assessments of the proposed regulation’s

effect on corporate credit union earnings

and capital accumulation. 60 FR at

20443. NCUA has been working with an

outside firm to provide such

assessments, using simulation modeling

techniques. The process has proved to

be more time-consuming than

envisioned, due to the need to tailor

existing modeling programs to the

specifics of corporate credit union

balance sheets.

The NCUA Chairman indicated at the

April 13, 1995, Board meeting that the

comment period would be extended if

additional time were needed because of

unanticipated circumstances. The Board

has determined that additional time is

necessary to allow NCUA and the public

sufficient opportunity to analyze the

results of the modeling process and the

implications for the proposed

regulation. Accordingly, the comment

period is being extended 60 days to

August 25, 1995.

DATES: The comment period is extended

from June 26, 1995, to August 25, 1995.

ADDRESSES: Mail comments to Becky

Baker, Secretary of the Board, National

Credit Union Administration, 1775

Duke Street, Alexandria, VA 22314–

3428. Send comments to Ms. Baker via

the bulletin board by dialing 703–518–

6480.

FOR FURTHER INFORMATION CONTACT: H.

Allen Carver, Director, Office of

Corporate Credit Unions (703) 518–

6640, at the above address.

Authority: The authority for this action is

the general rulemaking authority of the

NCUA Board.

By the National Credit Union

Administration Board on May 17, 1995.

Becky Baker,

Secretary of the Board.

[FR Doc. 95–12599 Filed 5–22–95; 8:45 am]

BILLING CODE 7535–01–M

FEDERAL TRADE COMMISSION

16 CFR Part 400

Trade Regulation Rule: Advertising

and Labeling as to Size of Sleeping

Bags

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed

rulemaking (ANPR).

SUMMARY: The Federal Trade

Commission (‘‘Commission’’) proposes

to repeal its Trade Regulation Rule

entitled ‘‘Advertising and Labeling as to

Size of Sleeping Bags’’ (‘‘Sleeping Bag

Rule’’), 16 CFR part 400. The proceeding

will address whether the Sleeping Bag

Rule should be repealed or remain in

effect. The Commission is soliciting

written comment, data and arguments

concerning this proposal.

DATES: Written comments must be

submitted on or before June 22, 1995.

ADDRESSES: Written comments should

be identified as ‘‘16 CFR Part 400’’ and

sent to Secretary, Federal Trade

Commission, 6th Street & Pennsylvania

Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

John A. Crowley, Esq., (202) 326–3280,

Division of Service Industry Practices,

Bureau of Consumer Protection, Federal

Trade Commission, Washington, DC

20580.

SUPPLEMENTARY INFORMATION:

Part A—Background Information

This notice is published pursuant to

Section 18 of the Federal Trade

Commission Act, 15 U.S.C. 57a et seq.,

the provisions of part 1, subpart B of the

Commission’s rules of practice, 16 CFR

1.7, and 5 U.S.C. 551 et seq. This

authority permits the Commission to

promulgate, modify and repeal trade

regulation rules that define with

specificity acts or practices that are

unfair or deceptive in or affecting

commerce within the meaning of

section 5(a)(1) of the FTC Act, 15 U.S.C.

45(a)(1).

The Sleeping Bag Rule, promulgated

by the Commission on October 11, 1963,

declares that it is an unfair method of

competition and an unfair or deceptive

act or practice to use the ‘‘cut size’’ of

the materials from which a sleeping bag

is made to describe the size of a sleeping

bag in advertising, labeling or marking

unless:

(1) ‘‘The dimensions of the cut size

are accurate measurements of the yard

goods used in construction of the

sleeping bags’’; and

(2) ‘‘Such ‘cut size’ dimensions are

accompanied by the words ‘cut size’ ’’;

and

(3) The reference to ‘‘cut size’’ is

‘‘accompanied by a clear and

conspicuous disclosure of the length

and width of the finished products and

by an explanation that such dimensions

constitute the finished size.’’

The Commission periodically reviews

the rules and guides it has promulgated,

seeking information about the costs and

benefits of such 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. Pursuant to its review

schedule, on April 19, 1993, the

Commission published in the Federal

Register a request for public comments

on the Sleeping Bag Rule. 58 FR 21095.

The Commission asked commenters to

address questions relating to the costs

and benefits of the rule, the burdens it

imposes, and the basis for assessing

whether it should be retained, or

amended.

The Commission received only one

comment relating to the Sleeping Bag

Rule. The commenter stated that there

was a continuing need for the rule to

deter deceptive practices.

Prior to the request for comments,

Commission staff conducted an informal

inquiry and inspected sleeping bags at

several national chain stores. This

inquiry found no violations of the Rule

on either the sleeping bag packaging

materials or the labels affixed to the

product itself. In fact, it appeared from
Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Proposed Rules 27241

1 In a memorandum to all federal departments

and agencies dated March 4, 1995, the President

requested all agencies to review their regulations

and to initiate proceedings to eliminate those they

determined were obsolete or unnecessary. In 1992,

the Commission adopted a plan to review all its

rules and guides at least once during a ten-year

period. In response to the President’s request, the

Commission accelerated its scheduled review of

certain rules to identify any that might be

appropriate candidates for repeal or amendment.

that limited inquiry that industry

products were marked with only the

finished size. Additionally, the

Commission has no record of receiving

any complaints regarding noncompliance with the rule, or of

initiating any law enforcement actions

alleging violations of the rule’s

requirements. Finally, the Uniform

Packaging and Labeling Regulation,

which has been adopted by 47 states,

regulates the labeling of sleeping bags,

and appears to provide that these items

must be labeled with their finished size.

Part B—Objectives

Based on the review described above,

the Commission has determined that

there may no longer be a need to

continue the Sleeping Bag Rule in light

of the apparent changes in industry

practices and the existence of laws in

nearly all of the states that appear to

mandate point-of-sale disclosures

similar to those required by the rule.

The objective of this notice is to solicit

comment on whether the Commission

should initiate a rulemaking proceeding

to repeal the Sleeping Bag Rule.

Part C—Alternative Actions

The Commission is not aware of any

feasible alternatives to either repealing

or retaining the Sleeping Bag Rule.

Part D—Request for Comments

Members of the public are invited to

comment on any issues or concerns they

believe are relevant or appropriate to the

Commission’s review of the Sleeping

Bag Rule. Comments submitted during

the regulatory review proceeding

described above will be made part of the

record, and need not be resubmitted. A

comment that includes the reasoning or

basis for a proposition will likely be

more persuasive than a comment

without supporting information. The

Commission requests that factual data

upon which the comments are based be

submitted with the comments. In this

section, the Commission identifies a

number of issues on which it solicits

public comment. The identification of

issues is designed to assist the public to

comment on relevant matters and

should not be construed as a limitation

on the issues on which public comment

may be submitted.

Questions

(1) Do manufacturers and sellers of

sleeping bags currently use ‘‘cut size’’ as

a means of marking the size of their

products for sale at retail to consumers?

(2) Does the fact that nearly all of the

states have adopted the Uniform

Packaging and Labeling Regulation,

which governs the labeling of sleeping

bags, eliminate or greatly lessen the

need for the Sleeping Bag Rule?

(3) What are the benefits to consumers

from the rule?

(4) What are the costs to industry

imposed by the rule?

(5) Is there a continuing need for the

rule or should the rule be repealed?

Authority: Sec. 18(d)(2)(B) of the Federal

Trade Commission Act, 15 U.S.C.

57a(d)(2)(B).

List of Subjects in 16 CFR Part 400

Advertising, Trade practices, Sleeping

bags.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–12580 Filed 5–22–95; 8:45 am]

BILLING CODE 6750–01–M

16 CFR Part 402

Trade Regulation Rule Concerning

Deception as to Non-Prismatic and

Partially Prismatic Instruments Being

Prismatic Binoculars

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Federal Trade

Commission (the ‘‘Commission’’)

proposed to repeal its Trade Regulation

Rule entitled ‘‘Deception as to NonPrismatic and Partially Prismatic

Instruments Being Prismatic

Binoculars’’ (‘‘Binocular Rule’’), 16

C.F.R. part 402. The proceeding will

address whether the Binocular Rule

should be repealed or remain in effect.

The Commission is soliciting written

comment, data, and arguments

concerning this proposal.

DATES: Written comments must be

submitted on or before June 22, 1995.

ADDRESSES: Written comments should

be identified as ‘‘16 CFR Part 402’’ and

sent to Secretary, Federal Trade

Commission, Room 159, Sixth Street

and Pennsylvania Ave., N.W.,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Phillip S. Priesman, Attorney, Federal

Trade Commission, Division of

Advertising Practices, Bureau of

Consumer Protection, Washington, D.C.

20580. (202) 326–2484.

SUPPLEMENTARY INFORMATION:

Part A—Background Information

This notice is being published

pursuant to Section 18 of the Federal

Trade Commission (‘‘FTC’’) Act, 15

U.S.C. 57a et seq., the provisions of Part

1, Subpart B of the Commission’s Rules

of Practice, 16 CFR 1.7, and 5 U.S.C. 551

et seq. This authority permits the

Commission to promulgate, modify, and

repeal trade regulation rules that define

with specificity acts or practices that are

unfair or deceptive in or affecting

commerce within the meaning of

Section 5(a)(1) of the FTC Act, 15 U.S.C.

45.

The Binocular Rule was published in

final form in the Federal Register on

June 5, 1964, and became effective on

December 2, 1964. The Rule requires a

clear and conspicuous disclosure on any

advertising or packaging for nonprismatic or partially prismatic

binoculars that the instruments are not

fully prismatic. Fully prismatic

binoculars rely on a prism within the

instrument to reverse the visual image

entering the lens so that it appears rightside up to the user. Other binoculars

rely partially or entirely on mirrors to

reverse the visual image. When the rule

was promulgated, the Commission was

concerned that consumers could be

misled into believing that non-prismatic

binoculars were in fact prismatic, absent

such a disclosure.

To prevent consumer deception, the

rule proscribed the use of the term

‘‘binocular’’ to describe anything other

than a fully prismatic instrument,

unless the term was modified to

indicate the true nature of the item.

Under the Rule, non-prismatic

instruments could be identified as

binoculars only if they incorporated a

descriptive term such as ‘‘binocularnonprismatic,’’ ‘‘binocular-mirror

prismatic,’’ or ‘‘binocular-nonprismatic

mirror.’’

Part B—Objectives

As part of its continuing review of its

trade regulation rules to determine their

current effectiveness and impact, the

Commission recently obtained

information bearing on the need for this

Rule.1 The objective of this notice is to

solicit comment on whether the

Commission should initiate a

rulemaking proceeding to repeal the

Binocular Rule.

Part C—Alternative Actions

The Commission will consider

alternatives to repealing the Binocular

Rule if the comments indicate that the