[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65528-65529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31010]



=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Part 400


Trade Regulation Rule Concerning Advertising and Labeling as to 
Size of Sleeping Bags

AGENCY: Federal Trade Commission.

ACTION: Repeal of rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission announces the repeal of the Trade 
Regulation Rule concerning Advertising and Labeling as to Size of 
Sleeping Bags. The Commission has reviewed the rulemaking record and 
determined that due to changes in industry practice, and the existence 
of laws in most states that mandate point-of-sale disclosures similar 
to those required by the Rule, the Rule no longer serves the public 
interest and should be repealed. This notice contains a State of Basis 
and Purpose for repeal of the Rule.

EFFECTIVE DATE: December 20, 1995.

ADDRESSES: Requests for copies of the State 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:
Neil Blickman, Attorney, Federal Trade Commission, Bureau of Consumer 
Protection, Division of Enforcement, Washington, DC 20580, (202) 326-
3038.

SUPPLEMENTARY INFORMATION:

State of Basis and Purpose

I. Background

    The Trade Regulation Rule concerning Advertising and Labeling as to 
Size of Sleeping Bags (Sleeping Bag Rule), 16 CFR Part 400, was 
promulgated in 1963 (28 FR 10900). The Sleeping Bag Rule regulates the 
advertising, labeling and marking of the dimensions of sleeping bags. 
The Commission had found that the practice of labeling sleeping bags by 
the dimensions of the unfinished material used in their construction 
(cut size) was misleading consumers about the actual size of the 
sleeping bag. To correct this misconception, the Commission promulgated 
the Sleeping Bag Rule, which provides that it is an unfair method of 
competition and an unfair or deceptive act or practice to use the ``cut 


[[Page 65529]]
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''.\1\

    \1\ The Rule then gives an example of proper size marking: 
``Finished size 33''  x  68''; cut size 36''  x  72''.''
---------------------------------------------------------------------------

    On May 23, 1995, the Commission published an Advance Notice of 
Proposed Rulemaking (ANPR) seeking comment on proposed repeal of the 
Sleeping Bag Rule (60 FR 27240). 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 no 
comments.
    On September 18, 1995, the Commission published a Notice of 
Proposed Rulemaking (NPR) initiating a proceeding to consider whether 
the Sleeping Bag Rule should be repealed or remain in effect (60 FR 
48063).\2\ 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.\3\ The comment period 
closed on October 18, 1995. The Commission received no comments and no 
requests to hold an informal hearing.

    \2\ 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.
    \3\ 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.
---------------------------------------------------------------------------

II. Basis for Repeal of Rule

    The Commission periodically reviews its rules and guides, seeking 
information about their costs and benefits and their regulatory and 
economic impact. The information obtained assists the Commission in 
identifying rules and guides that warrant modification or rescission. 
Accordingly, on April 19, 1993, the Commission published in the Federal 
Register a request for public comments on its Sleeping Bag Rule (58 FR 
21095). The Commission asked commenters to address the costs and 
benefits of the Rule, whether there was a continuing need for this 
regulation, the burdens placed on businesses subject to this 
regulation, whether changes should be made, any conflicts with other 
laws, and whether changes in technology affected the Rule.
    Only one specific comment relating to the Sleeping Bag Rule was 
received, which generally supported a continuation of this regulation. 
In addition to this specific comment, one general comment, applicable 
to several rules being reviewed, was received from an advertising 
agency association. This organization recommended rescission of the 
Sleeping Bag Rule because the general prohibitions of the FTC Act 
covering false and deceptive advertising apply to the sleeping bag 
industry. Thus, the commenter concluded that the Rule creates 
unnecessary administrative costs for the government, industry members 
and consumers.
    Commission staff also 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 products themselves. In fact, it appeared 
from that limited inquiry that industry products were marked with only 
the finished size. Additionally, the Commission has no record of 
receiving any complaints regarding non-compliance with the Rule, or of 
initiating any law enforcement actions alleging violation of the Rule's 
requirements. Finally, the National Conference on Weights and Measures' 
Uniform Packaging and Labeling Regulation, which has been adopted by 47 
States, regulates the labeling of sleeping bags, and provides that 
these items must be labeled with their finished size. Accordingly, due 
to changes in industry practice, and the existence of laws in most 
States that mandate point-of-sale disclosures similar to those required 
by the Rule, the Commission has determined to repeal the Sleeping Bag 
Rule.

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 Sleeping Bag Rule imposes third-party disclosure requirements 
that constitute ``information collection requirements'' under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Accordingly, repeal of 
the Rule would eliminate any burdens on the public imposed by these 
disclosure requirements.

List of Subjects in 16 CFR Part 400

    Advertising, Sleeping bags, Trade practices.

PART 400--[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 400.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-31010 Filed 12-19-95; 8:45 am]
BILLING CODE 6750-01-M