65528 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Authority: Pub. L. 96–72, 93 Stat. 503 (50

U.S.C. App. 2401 et seq.), as amended; Pub.

L. 95–223, 91 Stat. 1626 (50 U.S.C. 1701 et

seq.); Pub. L. 90–351, 82 Stat. 197 (18 U.S.C.

2510 et seq.), as amended Pub. L. 95–242, 92

Stat. 120 (22 U.S.C. 3201 et seq. and 42

U.S.C. 2139a); Pub. L. 102–484, 106 Stat.

2575 (22 U.S.C. 6004); E.O. 12002 of July 7,

1977 (42 FR 35623, July 7, 1977), as

amended; E.O. 12058 of May 11, 1978 (43 FR

20947, May 16, 1978); E.O. 12214 of May 2,

1980 (45 FR 29783, May 6, 1980); E.O. 12730

of September 30, 1990 (55 FR 40373, October

2, 1990), as continued by Notice of

September 25, 1992 (57 FR 44649, September

28, 1992); E.O. 12924 of August 19, 1994 (59

FR 43437, August 23, 1994); and E.O. 12938

of November 14, 1994 (59 FR 59099 of

November 16, 1994).

PART 771—[AMENDED]

3. Supplement No. 1 to Part 771, is

revised to read as follows:

Supplement No. 1 to Part 771—

Additional Items Eligible for General

License GLX

Note: Portions of some items listed in this

Supplement are controlled for missile

technology (MT), nuclear proliferation (NP),

or foreign policy (FP) reasons. Exporters are

reminded that such portions are not eligible

for General License GLX. Refer to the specific

ECCNs to identify those portions of entries

subject to MT, NP, or FP controls.

CATEGORY 1

1D01A

1D02A

CATEGORY 2

2A01A

2A02A

2A03A

2A04A

2A06A

2B03A.a

CATEGORY 3

3A01A.a.3. (up to 500 Mtops only)

3A01A.a.4.

3A01A.a.5 (except a.5.a.)

3A01A.a.7.

3A01A.a.8.

3A01A.a.11

3A02A.h.

CATEGORY 4

4A03A.d (having a 3–D vector rate

less than 10M vectors/sec.)

4A03A.f

CATEGORY 5

5A02A (except .h and .i)

5A03A

5A04A

5A05A

5A06A

5A11A.a (portable or mobile

radiotelephones for use with

commercial civil cellular

radiocommunications systems, not

capable of end-to-end encryption)

5B01A

5B02A

5C01A

5D01A

5D02A

5D03A

5D13A.c

CATEGORY 6

6A01A.b

6A02A.a.4

6A03A.a.1

6A04A.f

6A05A.c.2.a

6A05A.d

6A05A.e

6B05A

6A08A.b

6A08A.c

6A08A.l.1.

6C02A.c

6C04A.h

6D03A.d

CATEGORY 8

8A02A.e.2

CATEGORY 9

9B01A.a

9B02A.b

9B01A.f

9B01A.h

9B05A

9B06A

PART 779—[AMENDED]

§ 779.8 [Amended]

5. Section 779.8 is amended:

a. By revising the word ‘‘exported’’ in

paragraph (b)(2)(i) to read ‘‘reexported’’;

b. by revising the phrase ‘‘export or

reexport’’ in paragraph (b)(2)(ii),

(b)(2)(iii) and (b)(2)(iv) to read

‘‘reexport’’; and

c. by revising the phrase ‘‘export or

reexport’’ in paragraph (b)(3) to read

‘‘export from abroad’’.

PART 799—[AMENDED]

Supplement No. 1 to § 799.1—

[Amended]

6. In Supplement No. 1 to Section

799.1, section II of Category 5

(Telecommunications and ‘‘Information

Security’’), ECCN 5D13A is amended by

revising the Requirements section to

read as follows:

5D13A Specific ‘‘Software’’ as Follows

Requirements

Validated License Required:

QSTVWYZ

Unit: $ value

Reason for Control: NS

GTDR: Yes, for 5D13.c and software

described in Advisory Note 5 only. (See

Note)

GTDU: No

Note: Exporter must have determined that

the software is not controlled by the Office

of Defense Trade Controls, Department of

State, before using this general license.

* * * * *

Dated: December 14, 1995.

Sue E. Eckert,

Assistant Secretary for Export

Administration.

[FR Doc. 95–30776 Filed 12–19–95; 8:45 am]

BILLING CODE 3510–DT–P

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 pointof-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
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65529

1The Rule then gives an example of proper size

marking: ‘‘Finished size 33′′ × 68′′; cut size 36′′ ×

72′′.’’

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.

3These 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.

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

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.

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 noncompliance 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 thirdparty 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

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.

SUMMARY: The Federal Trade

Commission announces the repeal of the

Trade Regulation Rule concerning

Deception as to Non-Prismatic and

Partially Prismatic Instruments Being