Guides for the Nursery Industry, 34045-34046 [E6-9185]

Download as PDF Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Proposed Rules Determination of No Hazard to Air Navigation. (b) A Determination of No Hazard to Air Navigation issued for those construction or alteration proposals not requiring an FCC construction permit may be extended by the FAA one time for a period not to exceed 18 months. (c) A Determination of No Hazard to Air Navigation issued for a proposal requiring an FCC construction permit may be granted extensions for up to 12 months, provided that: (1) You submit evidence that an application for a construction permit/ license was filed with the FCC for the associated site within 6 months of issuance of the determination; and (2) You submit evidence that additional time is warranted because of FCC requirements; and (3) Where the FCC issues a construction permit, a final Determination of No Hazard to Air Navigation is effective until the date prescribed by the FCC for completion of the construction. If an extension of the original FCC completion date is needed, an extension of the FAA determination must be requested from the FAA. Subpart E—Petitions for Discretionary Review § 77.37 General. (a) If you are the sponsor, provided a substantive aeronautical comment on a proposal in an aeronautical study, or have a substantive aeronautical comment on the proposal but were not given an opportunity to state it, you may petition the FAA for a discretionary review of a determination, revision, or extension of a determination issued by the FAA. (b) You may not file a petition for discretionary review for a Determination of No Hazard that is issued for a temporary structure, marking and lighting recommendation, or when a proposed structure or alteration does not exceed obstruction standards contained in subpart C. mstockstill on PROD1PC61 with PROPOSALS § 77.39 Contents of a petition. (a) You must file a petition for discretionary review in writing and it must be received by the FAA within 30 days after the issuance of a determination under § 77.31, or a revision or extension of the determination under § 77.35. (b) The petition must contain a full statement of the aeronautical basis on which the petition is made, and must include new information or facts not previously considered or presented during the aeronautical study, including valid aeronautical reasons why the VerDate Aug<31>2005 14:46 Jun 12, 2006 Jkt 208001 determination, revisions, or extension made by the FAA should be reviewed. (c) In the event that the last day of the 30-day filing period falls on a weekend or a day the Federal government is closed, the last day of the filing period is the next day that is not one of the above-mentioned days. (d) The FAA will inform the petitioner or sponsor (if other than the petitioner) and the FCC (whenever an FCC-related proposal is involved) shall be informed of the filing of the petition and that the determination is not final pending disposition of the petition. § 77.41 Discretionary review results. (a) If discretionary review is granted, the FAA will inform the petitioner and the sponsor (if other than the petitioner) of the issues to be studied and reviewed. (b) If discretionary review is denied, the FAA will notify the petitioner and the sponsor (if other than the petitioner), and the FCC, whenever a FCC-related proposal is involved, of the basis for the denial along with a statement that the determination is final. (c) After concluding the discretionary review process, the FAA will revise, affirm, or reverse the determination. Issued in Washington, DC, on June 1, 2006. Nancy B. Kalinowski, Director of System Operations Airspace and Aeronautical Information Management. [FR Doc. 06–5319 Filed 6–12–06; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 18 Guides for the Nursery Industry Federal Trade Commission. Request for public comments. AGENCY: ACTION: The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) requests public comments on its Guides for the Nursery Industry (‘‘Nursery Guides’’ or ‘‘Guides’’). The Commission is soliciting the comments as part of the Commission’s systematic review of all current Commission regulations and guides. SUMMARY: DATES: Written comments must be received by August 14, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Nursery Guides Regulatory Review, Matter No. P994248’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 34045 should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room H–135 (Annex B), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material, however, must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c).1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments filed in electronic form should be submitted by accessing the following site: https:// secure.commentworks.com/ftc-nursery and following the instructions on the Web-based form. To ensure that the Commission considers an electronic comment, you must file it on the Webbased form at https:// secure.commentworks.com/ftc-nursery. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, whether filed in paper or electronic form. Comments received will be available to the public on the FTC Web site, to the extent practicable, at https:// www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy at https://www.ftc.gov/ftc/ privacy.htm. FOR FURTHER INFORMATION CONTACT: Janice Podoll Frankle, (202) 326–3022, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 601 New Jersey Avenue, NW., Washington, DC 20001. SUPPLEMENTARY INFORMATION: I. Background The Guides for the Nursery Industry were adopted by the Commission in 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). E:\FR\FM\13JNP1.SGM 13JNP1 34046 Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Proposed Rules 1979.2 These Guides address numerous sales practices for outdoor plants, including deceptive claims as to quantity, size, grade, kind, species, age, maturity, condition, vigor, hardiness, growth ability, price, and origin or place where grown. In 1994, as part of its periodic review, the Commission amended the Nursery Guides.3 Specifically, the Commission amended Guide 6 and the definitions section to advise sellers of plants that it is an unfair or deceptive act or practice to offer for sale or to sell plants collected from the wild state without disclosing that fact, with the proviso that plants propagated from plants lawfully collected from the wild state may be designated as ‘‘nurserypropagated.’’ Additionally, the Commission amended Guides 1–8 to update their legal terminology. Specifically, the Commission deleted the expressions ‘‘it is an unfair trade practice’’ and ‘‘has the capacity and tendency or effect of deceiving purchasers,’’ neither of which the Commission uses in its orders, rules, or guides. The Commission substituted the language ‘‘it is an unfair or deceptive act or practice’’ and ‘‘misrepresents directly or by implication.’’ 4 II. Regulatory Review Program The Commission reviews all Commission rules and guides periodically. These reviews seek information about the costs and benefits of the Commission’s rules and guides and their economic impact. The information obtained assists the Commission in identifying rules and guides that warrant modification or rescission. Therefore, the Commission solicits comment on, among other things, the economic impact of and the continuing need for its Nursery Guides; possible conflict between the Guides and state, local, federal, or international laws; and the effect of any technological, economic, environmental, or other industry changes on the Guides. III. Request for Comment mstockstill on PROD1PC61 with PROPOSALS The Commission is particularly interested in receiving comments and supporting data on the following questions. These questions are designed to assist the public and should not be construed as a limitation on the issues on which public comment may be submitted: (1) Is there a continuing need for the Nursery Guides as currently promulgated? (2) Has the nursery industry adopted the Nursery Guides as part of its routine business practice? If so, how, and what effect, if any, does this have on the continuing need for the Guides? (3) What benefits have the Nursery Guides provided to purchasers of the products affected by the Guides? (4) Have the Guides imposed costs on purchasers? If so, explain. (5) How have the 1994 amendments to Guide 6 affected the nursery industry? How have the 1994 amendments to Guide 6 affected purchasers? (6) What changes, if any, should be made to the Nursery Guides to increase their benefits to purchasers? How would these changes affect the costs the Guides impose on businesses? How would these changes benefit purchasers? (7) What burdens or costs, including costs of compliance, have the Guides imposed on businesses subject to their requirements? What burdens or costs have the Guides imposed on small businesses in particular? Have the Guides provided benefits to businesses? If so, what benefits? (8) What changes, if any, should be made to the Guides to reduce the burdens or costs imposed on businesses? How would these changes affect the benefits provided by the Guides? (9) Do the Guides overlap or conflict with other federal, state, or local laws or regulations? Do the Guides overlap or conflict with any international laws or regulations? (10) Have consumer perceptions or preferences changed since these Guides were issued, and, if so, do these changes warrant revising the Guides? (11) Since the Guides were issued, what effects, if any, have changes in relevant technology, economic conditions, or environmental conditions had on the Guides? List of Subjects in 16 CFR Part 18 Advertising, Nursery, Trade practices. Authority: 15 U.S.C. 41–58. 2 Industry guides are administrative interpretations of laws administered by the Commission. 16 CFR 1.5. 359 FR 64546. 4 See the Commission’s 1983 Statement on Deception found in the appendix to Cliffdale Associates, 103 F.T.C. 110, 174 (1984). VerDate Aug<31>2005 14:46 Jun 12, 2006 Jkt 208001 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E6–9185 Filed 6–12–06; 8:45 am] BILLING CODE 6750–01–P PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–134317–05] RIN 1545–BF16 Guidance Necessary To Facilitate Business Electronic Filing and Burden Reduction; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of proposed rulemaking by cross-reference to temporary regulations. SUMMARY: This document contains corrections to a notice of proposed rulemaking by cross-reference to temporary regulations that was published in the Federal Register on Tuesday, May 30, 2006 (71 FR 30640) relating to guidance necessary to facilitate business electronic filing and burden reduction. FOR FURTHER INFORMATION CONTACT: Grid Glyer, (202) 622–7930 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking by cross-reference to temporary regulations (REG–134317–05) that are the subject of these corrections is under sections 1502 and 1563 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking by cross-reference to temporary regulations (REG–134317–05) contains errors that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the notice of proposed rulemaking by cross-reference to temporary regulations (REG–134317– 05), that was the subject of FR Doc. 06– 4872, is corrected as follows: 1. On page 30640, column 3, under the heading ‘‘Background and Explanation of Provisions’’, the fourth through sixth lines from the bottom of the Paragraph, the language ‘‘1.1502– 76T, 1.1502–95T, 1.1563–1T, 1.1563– 3T, and amend part 602 to add § 1.6012–2T.’’ is corrected to read ‘‘1.1502–95T, 1.1563–1T, 1.1563–3T, and revise § 1.1502–76T; and amend part 602 to add § 1.6012–2T.’’ 2. On page 30642, column 1, under Par. 22., the language ‘‘paragraph (c)(2)’’ E:\FR\FM\13JNP1.SGM 13JNP1

Agencies

[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Proposed Rules]
[Pages 34045-34046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9185]


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

FEDERAL TRADE COMMISSION

16 CFR Part 18


Guides for the Nursery Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
requests public comments on its Guides for the Nursery Industry 
(``Nursery Guides'' or ``Guides''). The Commission is soliciting the 
comments as part of the Commission's systematic review of all current 
Commission regulations and guides.

DATES: Written comments must be received by August 14, 2006.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Nursery Guides Regulatory Review, Matter No. 
P994248'' to facilitate the organization of comments. A comment filed 
in paper form should include this reference both in the text and on the 
envelope, and should be mailed or delivered to the following address: 
Federal Trade Commission/Office of the Secretary, Room H-135 (Annex B), 
600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material, however, must be filed in paper form, must be 
clearly labeled ``Confidential,'' and must comply with Commission Rule 
4.9(c).\1\ The FTC is requesting that any comment filed in paper form 
be sent by courier or overnight service, if possible, because postal 
mail in the Washington area and at the Commission is subject to delay 
due to heightened security precautions. Comments filed in electronic 
form should be submitted by accessing the following site: https://
secure.commentworks.com/ftc-nursery and following the instructions on 
the Web-based form. To ensure that the Commission considers an 
electronic comment, you must file it on the Web-based form at https://
secure.commentworks.com/ftc-nursery.
---------------------------------------------------------------------------

    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
---------------------------------------------------------------------------

    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives, whether filed in paper or electronic 
form. Comments received will be available to the public on the FTC Web 
site, to the extent practicable, at https://www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC website. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy at https://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Janice Podoll Frankle, (202) 326-3022, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 601 New Jersey Avenue, NW., Washington, DC 
20001.

SUPPLEMENTARY INFORMATION:

I. Background

    The Guides for the Nursery Industry were adopted by the Commission 
in

[[Page 34046]]

1979.\2\ These Guides address numerous sales practices for outdoor 
plants, including deceptive claims as to quantity, size, grade, kind, 
species, age, maturity, condition, vigor, hardiness, growth ability, 
price, and origin or place where grown.
---------------------------------------------------------------------------

    \2\ Industry guides are administrative interpretations of laws 
administered by the Commission. 16 CFR 1.5.
---------------------------------------------------------------------------

    In 1994, as part of its periodic review, the Commission amended the 
Nursery Guides.\3\ Specifically, the Commission amended Guide 6 and the 
definitions section to advise sellers of plants that it is an unfair or 
deceptive act or practice to offer for sale or to sell plants collected 
from the wild state without disclosing that fact, with the proviso that 
plants propagated from plants lawfully collected from the wild state 
may be designated as ``nursery-propagated.'' Additionally, the 
Commission amended Guides 1-8 to update their legal terminology. 
Specifically, the Commission deleted the expressions ``it is an unfair 
trade practice'' and ``has the capacity and tendency or effect of 
deceiving purchasers,'' neither of which the Commission uses in its 
orders, rules, or guides. The Commission substituted the language ``it 
is an unfair or deceptive act or practice'' and ``misrepresents 
directly or by implication.'' \4\
---------------------------------------------------------------------------

    \3\59 FR 64546.
    \4\ See the Commission's 1983 Statement on Deception found in 
the appendix to Cliffdale Associates, 103 F.T.C. 110, 174 (1984).
---------------------------------------------------------------------------

II. Regulatory Review Program

    The Commission reviews all Commission rules and guides 
periodically. These reviews seek information about the costs and 
benefits of the Commission's rules and guides and their economic 
impact. The information obtained assists the Commission in identifying 
rules and guides that warrant modification or rescission. Therefore, 
the Commission solicits comment on, among other things, the economic 
impact of and the continuing need for its Nursery Guides; possible 
conflict between the Guides and state, local, federal, or international 
laws; and the effect of any technological, economic, environmental, or 
other industry changes on the Guides.

III. Request for Comment

    The Commission is particularly interested in receiving comments and 
supporting data on the following questions. These questions are 
designed to assist the public and should not be construed as a 
limitation on the issues on which public comment may be submitted:
    (1) Is there a continuing need for the Nursery Guides as currently 
promulgated?
    (2) Has the nursery industry adopted the Nursery Guides as part of 
its routine business practice? If so, how, and what effect, if any, 
does this have on the continuing need for the Guides?
    (3) What benefits have the Nursery Guides provided to purchasers of 
the products affected by the Guides?
    (4) Have the Guides imposed costs on purchasers? If so, explain.
    (5) How have the 1994 amendments to Guide 6 affected the nursery 
industry? How have the 1994 amendments to Guide 6 affected purchasers?
    (6) What changes, if any, should be made to the Nursery Guides to 
increase their benefits to purchasers? How would these changes affect 
the costs the Guides impose on businesses? How would these changes 
benefit purchasers?
    (7) What burdens or costs, including costs of compliance, have the 
Guides imposed on businesses subject to their requirements? What 
burdens or costs have the Guides imposed on small businesses in 
particular? Have the Guides provided benefits to businesses? If so, 
what benefits?
    (8) What changes, if any, should be made to the Guides to reduce 
the burdens or costs imposed on businesses? How would these changes 
affect the benefits provided by the Guides?
    (9) Do the Guides overlap or conflict with other federal, state, or 
local laws or regulations? Do the Guides overlap or conflict with any 
international laws or regulations?
    (10) Have consumer perceptions or preferences changed since these 
Guides were issued, and, if so, do these changes warrant revising the 
Guides?
    (11) Since the Guides were issued, what effects, if any, have 
changes in relevant technology, economic conditions, or environmental 
conditions had on the Guides?

List of Subjects in 16 CFR Part 18

    Advertising, Nursery, Trade practices.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.
 [FR Doc. E6-9185 Filed 6-12-06; 8:45 am]
BILLING CODE 6750-01-P