[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43690-43692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19868]


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FEDERAL TRADE COMMISSION

16 CFR Parts 300, 301, and 303

RIN 3084-AB29, 3084-AB27, 3084-AB30


Wool Products Labeling; Fur Products Labeling; Textile Fiber 
Products Identification

AGENCY: Federal Trade Commission.

ACTION: Final rules.

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SUMMARY: The Federal Trade Commission (``Commission'' or ``FTC'') 
amends the Rules and Regulations Under the Wool Products Labeling Act 
of 1939 (``Wool Rules''), the Rules and Regulations Under Fur Products 
Labeling Act (``Fur Rules''), and the Rules and Regulations Under the 
Textile Fiber Products Identification Act (``Textile Rules'') 
(collectively, ``Rules'') to require the public to submit any requests 
to obtain, update, or cancel registered identification numbers via the 
FTC's Web site.

DATES: The amended Rules are effective October 19, 2017.

FOR FURTHER INFORMATION CONTACT: Joshua S. Millard, (202) 326-2454, 
Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Ave. NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Commission is revising the Fur, Textile, and Wool Rules to 
require electronic filing of requests to obtain, update, or cancel 
registered identification numbers used on fur, textile, and wool 
product labels through the FTC's Web site, unless the Commission or its 
designee instructs otherwise as specified below. The revisions 
facilitate the use of the Commission's web-based registered 
identification number (``RN'') system, which will streamline the 
application and update process for participating businesses, and 
greatly increase the efficiency with which the FTC delivers RN services 
to the public. This document describes the background of the RN program 
and the grounds for revising the relevant parts of the Fur, Textile, 
and Wool Rules, and sets forth the amended Rules provisions.

II. Background

    Federal labeling requirements mandate that most fur, textile, and 
wool products have a label identifying the manufacturer or other 
business responsible for marketing or handling the item.\1\ To comply 
with this mandate, a person or firm residing in the United States that 
imports, manufactures, markets, distributes, or otherwise handles fur, 
textile, or wool products may apply for an RN to display on product 
labels in lieu of the person or firm's full name.\2\ RNs are not 
mandatory, but they occupy less space on a label and help buyers 
identify the person or firm responsible for a product. The public can 
find contact information for each RN registrant by searching the FTC's 
public Web page dedicated to the RN program, https://rn.ftc.gov.
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    \1\ See 15 U.S.C. 68b(a)(2)(C) (Wool Products Labeling Act of 
1939) (``Wool Act''); 15 U.S.C. 69b(2)(E) (Fur Products Labeling 
Act) (``Fur Act''); 15 U.S.C. 70b(b)(3) (Textile Fiber Products 
Identification Act) (``Textile Act''); 16 CFR part 300 (Wool Rules); 
16 CFR part 301 (Fur Rules); 16 CFR part 303 (Textile Rules). The 
FTC's public Web site offers a detailed description of products that 
are subject to, or exempt from, these labeling requirements. See 
Federal Trade Commission, Threading Your Way Through the Labeling 
Requirements Under the Textile and Wool Acts, https://www.ftc.gov/tips-advice/business-center/guidance/threading-your-way-through-labeling-requirements-under-textile.
    \2\ See 16 CFR 300.4 (Wool Rules provision); 16 CFR 301.26 (Fur 
Rules provision); 16 CFR 303.30 (Textile Rules provision).
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    For over 50 years, to obtain or update an RN, one had to complete 
and submit a paper form published in the Federal Register, or in more 
recent years, transmit the information requested on that form by 
electronic means.\3\ The FTC receives thousands of new RN applications 
every year in various formats, thus complicating and slowing the review 
process.\4\
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    \3\ See 17 FR 6075, 6077 (July 8, 1952) (Fur Rule provision 16 
CFR 301.26); 24 FR 4480, 4484 (June 2, 1959) (Textile Rule provision 
16 CFR 303.20); 29 FR 6622 (May 21, 1964) (Wool Rule provision 16 
CFR 300.4).
    \4\ In recent years, the FTC has issued approximately 3,000 RNs 
per year.

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[[Page 43691]]

    Recently, the FTC upgraded its RN Web page at https://rn.ftc.gov to 
make it easier for the public to obtain, update, and cancel RNs. As 
part of this initiative, and to further improve and streamline its 
handling of RN requests, the FTC is retiring the paper forms previously 
published in the Federal Register and discontinuing the handling of RN 
requests submitted by mail, hand delivery, or facsimile.
    The FTC's upgraded Web site allows the public to create a password-
protected user account to obtain or update an RN without requiring more 
company information than before. To process a new RN application, the 
Web site asks the applicant in pertinent part to identify its legal 
name, the name under which it does business, the business' street 
address, the type of business it conducts (e.g., manufacturing or 
importing), the product line(s) it handles that are subject to the Fur, 
Textile, or Wool Acts, and additional contact information (e.g., phone 
number and email address). The upgraded Web site validates data as 
applicants enter it, and can immediately advise an applicant in 
numerous instances if the data is erroneous (e.g., a truncated phone 
number) or does not appear to meet the requirements for issuance of an 
RN (e.g., the applicant does not provide a street address in the United 
States). Users can also visit the Web site and login to request the 
cancellation of their RNs. Because the information requested to process 
RN requests has not changed, the FTC is not changing the requirements 
for RN requests, only specifying the method by which requests must be 
submitted.
    The amended Rules provide that requests made by means other than 
the FTC's Web site will not be accepted unless otherwise indicated by 
the Commission or its designee. This provision affords the Commission 
or its designee the discretion to act on requests submitted by other 
means when appropriate (e.g., if the FTC's Web site is temporarily 
unavailable). At this time, the Commission's designee is the Associate 
Director of the Bureau of Consumer Protection's Division of 
Enforcement.

III. Procedural Requirements

    Under the Administrative Procedure Act, notice and comment 
requirements do not apply ``to interpretive rules, general statements 
of policy, or rules of agency organization, procedure, or practice.'' 5 
U.S.C. 553(b)(A). The final Rules do not change the substantive 
responsibilities of any entity under the Rules. The revisions merely 
modify the procedural mechanism for submitting requests relating to 
RNs. Accordingly, the Commission finds that advance public notice and 
comment is unnecessary. For this reason, the requirements of the 
Regulatory Flexibility Act (``RFA'') also do not apply.\5\
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    \5\ A regulatory flexibility analysis under the RFA is required 
only when an agency must publish a notice of proposed rulemaking for 
comment. See 5 U.S.C. 603.
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IV. Paperwork Reduction Act

    The amendments to the Rules do not constitute a new ``collection of 
information'' under the Paperwork Reduction Act, 44 U.S.C. 3501-3521 
(``PRA''). The Rules contain various existing information collection 
requirements for which the Commission has obtained clearance under the 
PRA from the Office of Management and Budget. Because these amendments 
do not trigger additional recordkeeping, disclosure, or reporting 
requirements, there is no incremental burden under the PRA. See 44 
U.S.C. 3501 et seq.

List of Subjects

16 CFR Part 300

    Labeling, Trade practices, Wool.

16 CFR Part 301

    Fur, Labeling, Trade practices.

16 CFR Part 303

    Labeling, Textiles, Trade practices.

Final Rule Revisions

    For the reasons set forth in the preamble, the Federal Trade 
Commission amends Title 16, Chapter I, Subchapter C of the Code of 
Federal Regulations, parts 300, 301, and 303 as follows:

PART 300--RULES AND REGULATIONS UNDER THE WOOL PRODUCTS LABELING 
ACT OF 1939

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  15 U.S.C. 68-68j.


0
2. In Sec.  300.4, revise paragraphs (c) and (e) to read as follows:


Sec.  300.4   Registered identification numbers.

* * * * *
    (c) Registered identification numbers shall be used only by the 
person or firm to whom they are issued, and such numbers are not 
transferable or assignable. Registered identification numbers shall be 
subject to cancellation whenever any such number was procured or has 
been used improperly or contrary to the requirements of the Acts 
administered by the Federal Trade Commission, and regulations in this 
part, or when otherwise deemed necessary in the public interest. 
Registered identification numbers shall be subject to cancellation if 
the Commission fails to receive prompt notification of any change in 
name, business address, or legal business status of a person or firm to 
whom a registered identification number has been assigned, by 
application duly executed in the form and manner set out in paragraph 
(e) of this section, reflecting the current name, business address, and 
legal business status of the person or firm.
* * * * *
    (e) Requests for a registered identification number, to update 
information pertaining to an existing number, or to cancel an existing 
number shall be made through the Commission's Web site at https://rn.ftc.gov. Unless otherwise directed by the Commission or its 
designee, requests made by other means (including but not limited to 
email) will not be accepted and approved.

PART 301--RULES AND REGULATIONS UNDER FUR PRODUCTS LABELING ACT

0
3. The authority citation for part 301 continues to read as follows:

    Authority:  15 U.S.C. 69 et seq.


0
4. In Sec.  301.26, revise paragraphs (a), (b)(2), and (d) to read as 
follows:


Sec.  301.26   Registered identification numbers.

    (a) Registered numbers for use as the required identification in 
lieu of the name on fur product labels as provided in section 4(2)(E) 
of the Act will be issued by the Commission to qualified persons 
residing in the United States upon receipt of an application duly 
executed on the Commission's Web site at https://rn.ftc.gov or by such 
means as the Commission or its designee may direct.
    (b) * * *
    (2) Registered identification numbers shall be subject to 
cancellation if the Federal Trade Commission fails to receive prompt 
notification of any change in name, business address, or legal business 
status of a person or firm to whom a registered identification number 
has been assigned, by application duly executed in the form and manner 
set out in paragraph (d) of this section, reflecting the current name, 
business address, and legal business status of the person or firm.
* * * * *

[[Page 43692]]

    (d) Requests for a registered identification number, to update 
information pertaining to an existing number, or to cancel an existing 
number shall be made through the Commission's Web site at https://rn.ftc.gov. Unless otherwise directed by the Commission or its 
designee, requests made by other means (including but not limited to 
email) will not be accepted and approved.

PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS 
IDENTIFICATION ACT

0
5. The authority citation for part 303 continues to read as follows:

     Authority:  15 U.S.C. 70 et seq.


0
 6. Revise Sec.  303.20 to read as follows:


Sec.  303.20   Registered identification numbers.

    (a) Registered numbers for use as the required identification in 
lieu of the name on textile fiber product labels, as provided in 
section 4(b)(3) of the Act, will be issued by the Commission to 
qualified persons residing in the United States upon receipt of an 
application duly executed on the Commission's Web site at https://rn.ftc.gov or by such means as the Commission or its designee may 
direct.
    (b)(1) Registered identification numbers shall be used only by the 
person or concern to whom they are issued, and such numbers are not 
transferable or assignable.
    (2) Registered identification numbers shall be subject to 
cancellation whenever any such number was procured or has been used 
improperly or contrary to the requirements of the Acts administered by 
the Federal Trade Commission, and regulations promulgated thereunder, 
or when otherwise deemed necessary in the public interest.
    (3) Registered identification numbers shall be subject to 
cancellation if the Commission fails to receive prompt notification of 
any change in name, business address, or legal business status of a 
person or firm to whom a registered identification number has been 
assigned, by application duly executed on the Commission's Web site at 
https://rn.ftc.gov or by such means as the Commission or its designee 
may direct.
    (c) Registered identification numbers assigned under this section 
may be used on labels required in labeling products subject to the 
provisions of the Wool Products Labeling Act and Fur Products Labeling 
Act, and numbers previously assigned by the Commission under such Acts 
may be used as and for the required name in labeling under this Act. 
When so used by the person or firm to whom assigned, the use of the 
numbers shall be construed as identifying and binding the applicant as 
fully and in all respects as though assigned under the specific Act for 
which it is used.
    (d) Requests for a registered identification number, to update 
information pertaining to an existing number, or to cancel an existing 
number shall be made through the Commission's Web site at https://rn.ftc.gov. Unless otherwise directed by the Commission or its 
designee, requests made by other means (including but not limited to 
email) will not be accepted and approved.

By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-19868 Filed 9-18-17; 8:45 am]
 BILLING CODE 6750-01-P