Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules 15725

the use of words, terms, depictions, or

devices that may indicate that a product

is made of any material when it is not.

According to the Guides, industry

members should not represent that a

product is wholly of a particular

composition when it is not, or that a

product is leather when it contains

ground, pulverized or shredded leather.

Additionally, representations should

not be made that a product is colored,

finished, or dyed with aniline dye or

otherwise dyed, embossed, grained,

processed, finished or stitched in a

certain manner when it is not. The

Guides also discuss representations

about the hardware, box, or frame of

covered products. Use of the terms

‘‘waterproof,’’ ‘‘dustproof,’’

‘‘warpproof,’’ ‘‘scuffproof,’’ and

‘‘scratchproof’’ is also covered by the

Luggage Guides.

2. Shoe Content Guides

The Shoe Content Guides contain

guidance for labeling and advertising

shoe content. The Guides address use of

the term ‘‘leather’’ on labels and

labeling disclosures for simulated or

imitation leather, concealed innersoles,

split leather, embossed or processed

leather, and ground or shredded leather.

With regard to advertising, the Guides

state that disclosures should be made in

advertisements which depict nonleather parts of shoes or slippers which

appear to be made of leather. The

Guides contain guidance for use of the

term ‘‘leather’’ in advertisements and for

disclosures to be used with terms

suggestive of leather. The Guides state

that words or terms should not be used

which would convey the impression

that shoes or slippers are made of a

certain material when they are not.

3. Handbag Guides

The Handbag Guides concern the

potential misrepresentation of any

feature of ladies’ handbags and similar

articles. The Guides provide guidance

with respect to the disclosures which

should be made regarding product

composition and address the use of

representations that a product is

colored, finished, or dyed with aniline

dye or otherwise dyed, embossed,

grained, processed, finished or stitched

in a certain manner when the claims are

not true. Use of the terms ‘‘scuffproof,’’

‘‘scratchproof,’’ ‘‘scuff resistant,’’ and

‘‘scratch resistant’’ is also covered by

the Ladies’ Handbag Guides. The Guides

also state that members of the industry

should not make deceptive

representations about the price of their

products.

In addition, the Handbag Guides

discuss the issues of price

discrimination, and discrimination in

promotional allowances and services.

The Guides state that industry members

should neither grant nor knowingly

induce or receive terms of trade in these

respects that are improperly

discriminatory. The Commission is

concerned, however, that these

interpretive statements in large part may

be needlessly duplicative of sections (a)

and (f) of the Robinson-Patman Act with

respect to price discrimination, and

duplicative of the so-called Fred Meyer

Guides, which interpret sections (d) and

(e) of the Robinson-Patman Act and

section 5 of the Federal Trade

Commission Act, with respect to

discriminatory promotional allowances

and services. See Guides for Advertising

Allowances and Other Merchandising

Payments and Services, 16 CFR part

240. Moreover, it is possible that general

issues of price discrimination are best

clarified through statements of general

policy, such as that contained in the

Fred Meyer Guides, rather than through

industry-specific statements such as the

Handbag Guides.

B. Questions for Comment

The Commission solicits comments

on the following questions with respect

to the Luggage Guides, the Shoe Content

Guides, and the Handbag Guides:

(1) Is there a continuing need for the

Guides?

(a) What benefits have the Guides

provided to purchasers of the products

or services affected by the Guides?

(b) Have the Guides imposed costs on

purchasers?

(2) What changes, if any, should be

made to the Guides to increase the

benefits of the Guides to purchasers?

(a) How would these changes affect

the costs the Guides impose on firms

subject to their requirements?

(b) Would it be useful to the affected

industries if the Luggage Guides, the

Shoe Content Guides, and the Handbag

Guides were combined into one set of

industry guides that address all of these

products or leather products in general?

(3) What significant burdens or costs,

including costs of adherence, have the

Guides imposed on firms subject to their

requirements?

(a) Have the Guides provided benefits

to such firms?

(4) What changes, if any, should be

made to the Guides to reduce the

burdens of costs imposed on firms

subject to their requirements?

(a) How would these changes affect

the benefits provided by the Guides?

(5) Do the Guides overlap or conflict

with other federal, state, or local laws or

regulations?

(6) Since the Guides were issued,

what effects, if any, have changes in

relevant technology or economic

conditions had on the Guides?

(7) Do members of the ladies’ handbag

industry require these industry-specific

Guides for information about the

standards applicable to price

discrimination and discriminatory

promotional allowances, or could

equally helpful guidance be obtained

from more general sources such as the

Fred Meyer Guides?

Authority: 15 U.S.C. 41–58.

List of Subjects in 16 CFR Parts 24, 231,

and 247

Advertising, Distribution, Labeling,

Ladies’ handbags, Luggage and related

products, Price discrimination,

Promotional allowances, Shoes, Trade

practice.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–7468 Filed 3–24–95; 8:45 am]

BILLING CODE 6750–01–M

16 CFR Part 405

Request for Comments Concerning

Rule on Misbranding and Deception as

to Leather Content of Waist Belts

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

SUMMARY: The Federal Trade

Commission (the ‘‘Commission’’) is

requesting public comments on its Rule

on Misbranding and Deception as to

Leather Content of Waist Belts (‘‘the

Leather Belt Rule’’ or ‘‘the Rule’’). The

Commission is also requesting

comments about the overall costs and

benefits of the Rule and its overall

regulatory and economic impact as a

part of its systematic review of all

current Commission regulations and

guides. All interested persons are

hereby given notice of the opportunity

to submit written comments.

DATES: Written comments will be

accepted until May 26, 1995.

ADDRESSES: Comments should be

directed to: Secretary, Federal Trade

Commission, Room H–159, Sixth and

Pennsylvania Ave., NW., Washington,

DC 20580. Comments about the Leather

Belt Rule should be identified as ‘‘16

CFR Part 405—Comment.’’

FOR FURTHER INFORMATION CONTACT:

Russell Deitch, Attorney, Federal Trade

Commission, Los Angeles Regional

Office, 11000 Wilshire Boulevard, Suite

13209, Los Angeles, CA 90024, (310)

235–7890.
15726 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules

SUPPLEMENTARY INFORMATION: The

Commission has determined, as part of

its oversight responsibilities, to review

rules and guides periodically. These

reviews will seek information about the

costs and benefits of the Commission’s

rules and guides and their regulatory

and economic impact. The information

obtained will assist the Commission in

identifying rules and guides that

warrant modification or rescission.

If the Commission elects to retain the

Leather Belt Rule after conducting this

review, it intends to update certain

terms to reflect statutory and policy

changes that have occurred since the

Leather Belt Rule was originally

promulgated. The term ‘‘in commerce’’

in 16 CFR 405.1(a) and 405.4 will be

changed to ‘‘in or affecting commerce’’

in conformance with the amended

language of section 5 of the Federal

Trade Commission Act (15 U.S.C. 45).

The phrase ‘‘capacity and tendency to

mislead and deceive’’ in 16 CFR

405.2(b) will be changed to conform

with the language regarding deception

that is set forth in Cliffdale Associates,

Inc., 103 F.T.C. 110 (1984) and

subsequent cases. Finally, the language

that ‘‘it constitutes an unfair method of

competition and an unfair and

deceptive act or practice’’ in 16 CFR

405.4 will also be revised to conform

with the standard language for

consumer protection rules.

A. Background

The Leather Belt Rule was

promulgated by the Commission on

June 27, 1964. It applies to the sale or

offering for sale of men’s and boy’s

belts, and women’s and children’s belts

when not offered for sale as part of a

garment. The Rule makes it an unfair

method of competition and an unfair

and deceptive act or practice to

misrepresent a belt’s leather content or

the type of animal hide or skin from

which the belt is made. for example, it

is a violation of the Rule to label a belt

as leather when it is not made from the

hide or skin of an animal.

The Leather Belt Rule also prohibits

the sale or distribution of belts without

adequate disclosures as to their leather

content or type of animal hide or skin

if the appearance of the product would

deceive consumers. For example, it is a

violation of the Rule to sell a belt which

has the appearance of leather, but which

is made of synthetic materials, unless a

disclosure is made on the product or on

a tag or label affixed to the product

which states that the belt is not leather.

B. Issues for Comment

At this time, the Commission solicits

written public comments on the

following questions:

(1) Is there a continuing need for the

Rule?

(a) What benefits has the Rule

provided to purchasers of the products

or services affected by the Rule?

(b) Has the Rule imposed costs on

purchasers?

(2) What changes, if any, should be

made to the rule to increase the benefits

of the Rule to purchasers?

(a) How would these changes affect

the costs the Rule imposes on firms

subject to its requirements?

(3) What significant burdens or costs,

including costs of compliance, has the

Rule imposed on firms subject to its

requirements?

(a) Has the Rule provided benefits to

such firms?

(4) What changes, if any, should be

made to the Rule to reduce the burdens

or costs imposed on firms subject to its

requirements?

(a) How would these changes effect

the benefits provided by the Rule?

(5) Does the Rule overlap or conflict

with other federal, state, or local laws or

regulations?

(6) Since the Rule was issued, what

effects, it any, have changes in relevant

technology or economic conditions had

on the Rule?

List of Subjects in 16 CFR Part 405

Leather content of belts; Trade

practices.

Authority: 15 U.S.C. 41–58.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–7467 Filed 3–24–95; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 913

[IL–090]

Illinois Regulatory Program

AGENCY: Office of Surface Mining

Reclamation Enforcement (OSM),

Interior.

ACTION: Proposed rule; pubic comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Illinois

regulatory program (hereinafter referred

to as the Illinois program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment pertains to the

merger of the Illinois Department of

Mines and Minerals into the newly

created Illinois Department of Natural

Resources. The amendment is intended

to provide formal notification to OSM of

this pending reorganization.

DATES: Written comments must be

received by 4:00 p.m., [C.S.T.], April 26,

1995. If requested, a public hearing on

the proposed amendment will be held

on April 21, 1995. Requests to speak at

the hearing must be received by 4:00

p.m., [C.S.T.], on April 11, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Mr.

James F. Fulton, Director, Springfield

Field Office, at the address listed below.

Copies of the Illinois program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Springfield Field Office.

James F. Fulton, Director, Springfield

Field Office, Office of Surface Mining

Reclamation and Enforcement, 511

West Capitol, Suite 202, Springfield,

Illinois 62704, Telephone: (217) 492–

4495.

Illinois Department of Mines and

Minerals, 300 West Jefferson Street,

Suite 300, Springfield Illinois 62791,

Telephone: (217) 782–4970.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Director, Springfield

Field Office, Telephone: (217) 492–

4495.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

On June 1, 1982, the Secretary of the

Interior conditionally approved the

Illinois program. Background

information on the Illinois program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the June 1, 1982, Federal Register (47

FR 23883). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 913.15, 913.16, and 913.17.

II. Description of the Proposed

Amendment

By letter dated March 3, 1995

(Administrative Record No. IL–1700),