[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65529-65530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31014]



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FEDERAL TRADE COMMISSION
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: Repeal of rule.

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SUMMARY: The Federal Trade Commission announces the repeal of the Trade 
Regulation Rule concerning Deception as to Non-Prismatic and Partially 
Prismatic Instruments Being 

[[Page 65530]]
Prismatic Binoculars. The Commission has reviewed the rulemaking record 
and determined that due to changes in technology, the Rule no longer 
serves the public interest and should be repealed. This notice contains 
a Statement of Basis and Purposes for repeal of the Rule.

EFFECTIVE DATE: December 20, 1995.

ADDRESSES: Requests for copies of the Statement of Basis and Purpose 
should be sent to Public Reference Branch, Room 130, Federal Trade 
Commission, 6th Street & Pennsylvania Avenue, NW., Washington, DC 
20580.

FOR FURTHER INFORMATION CONTACT:
Phillip Priesman, Attorney, Federal Trade Commission, Bureau of 
Consumer Protection, Division of Advertising Practices, Washington, DC 
20580, telephone number (202) 326-2484.

SUPPLEMENTARY INFORMATION:

Statement of Basis and Purpose

I. Background

    The Trade Regulation Rule concerning Deception as to Non-Prismatic 
and Partially Prismatic Instruments Being Prismatic Binoculars 
(Binocular Rule), 16 CFR Part 402, was promulgated in 1964 (29 FR 
7316). The Rule requires a clear and conspicuous disclosure on any 
advertising or packaging for non-prismatic 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 right-side 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 
``binocular-nonprismatic,'' ``binocular-mirror prismatic,'' or 
``binocular-nonprismatic mirror,''
    On May 23, 1995, the Commission published an Advance Notice of 
Proposed Rulemaking (ANPR) seeking comment on proposed repeal of the 
Binocular Rule (60 FR 27241). In accordance with Section 18 of the 
Federal Trade Commission (FTC) Act, 15 U.S.C. 57a, the ANPR was sent to 
the Chairman of the Committee on Commerce, Science and Transportation, 
United States Senate, and the Chairman of the Subcommittee on Commerce, 
Trade and Hazardous Materials, United States House of Representatives. 
The comment period closed on June 22, 1995. The Commission received one 
comment suggesting that there may be a continuing need for the Rule 
because field glasses and opera glasses, both of which are non-
prismatic, are still advertised and sold today. The comment 
acknowledged, however, that present-day binoculars are fully prismatic, 
while the non-prismatic instruments are identified as either field 
glasses or opera glasses rather than binoculars.
    On September 18, 1995, the Commission published a Notice of 
Proposed Rulemaking (NPR) initiating a proceeding to consider whether 
the Binocular Rule should be repealed or remain in effect (60 FR 
48065).\1\ This rulemaking proceeding was undertaken as part of the 
Commission's ongoing program of evaluating trade regulation rules and 
industry guides to ascertain their effectiveness, impact, cost and 
need. This proceeding also responded to President Clinton's National 
Regulatory Reinvention Initiative, which, among other things, urges 
agencies to eliminate obsolete or unnecessary regulations. In the NPR, 
the Commission announced its determination, pursuant to 16 CFR 1.20, to 
use expedited procedures in this proceeding.\2\ The comment period 
closed on October 18, 1995. The Commission received no comments and no 
requests to hold an informal hearing.

    \1\ In accordance with Section 18 of the FTC Act, 15 U.S.C. 57a, 
the Commission submitted the NPR to the Chairman of the Committee on 
Commerce, Science and Transportation, United States Senate, and the 
Chairman of the Subcommittee on Commerce, Trade and Hazardous 
Materials, United States House of Representatives, 30 days prior to 
its publication.
    \2\ These procedures included: publishing a Notice of Proposed 
Rulemaking; soliciting written comments on the Commission's proposal 
to repeal the Rule; holding an informal hearing, if requested by 
interested parties; receiving a final recommendation from Commission 
staff; and announcing final Commission action in the Federal 
Register.
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II. Basis for Repeal of Rule

    Since the Rule was promulgated, technological advances have reduced 
the cost of prisms to the point that almost all binoculars sold today 
are fully prismatic. Those that are not fully prismatic are marketed 
and sold as field glasses or opera glasses rather than binoculars. 
Thus, there does not appear to be any continuing need for the Rule. 
Repeal of the Rule will also further the objective of reducing obsolete 
government regulation.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-11, requires an 
analysis of the anticipated impact of the repeal of the Rule on small 
businesses. The reasons for repeal of the Rule have been explained in 
this Notice. Repeal of the Rule would appear to have little or no 
effect on small businesses. Moreover, the Commission is not aware of 
any existing federal laws or regulations that would conflict with 
repeal of the Rule. For these reasons, the Commission certifies, 
pursuant to Section 605 of the RFA, 5 U.S.C. 605, that this action will 
not have a significant economic impact on a substantial number of small 
entities.

IV. Paperwork Reduction Act

    The Binocular Rule does not impose ``information collection 
requirements'' under the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Although the Rule contains disclosure requirements, these 
disclosures are not covered under the Act because the disclosure 
language is mandatory and provided by the government. Repeal of the 
Rule, however, would eliminate any burdens on the public imposed by 
these disclosure requirements.

List of Subjects in 16 CFR Part 402

    Binoculars, Trade practices.

PART 402--[REMOVED]

    The Commission, under authority of Section 18 of the Federal Trade 
Commission Act, 15 U.S.C. 57a, amends chapter I of title 16 of the Code 
of Federal Regulations by removing Part 402.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-31014 Filed 12-19-95; 8:45 am]
BILLING CODE 6750-01-M