Private Vocational and Distance Education Schools, 37973-37975 [E9-18194]
Download as PDF
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules
adequately available for public viewing
and comment. Because the regulatory
evaluation contains information
regarding the expected benefits and
costs of this rulemaking, the FAA has
determined that a 60-day extension of
the comment period is necessary to give
the public adequate time to review this
document. Such action is, in the public
interest, and good cause exists for taking
this action. Accordingly, the comment
period for Notice No. 09–02 is extended
until September 28, 2009.
Issued in Washington, DC, on July 27,
2009.
Julie A. Lynch,
Acting Director, Office of Rulemaking.
[FR Doc. E9–18322 Filed 7–29–09; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 254
Private Vocational and Distance
Education Schools
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Request for public comments.
AGENCY:
erowe on DSK5CLS3C1PROD with PROPOSALS-1
SUMMARY: As part of the Commission’s
systematic review of all current FTC
rules and guides, the Commission
requests public comment on the overall
costs, benefits, necessity, and regulatory
and economic impact of the FTC’s
guides for ‘‘Private Vocational and
Distance Education Schools’’
(‘‘Vocational School Guides’’ or
‘‘Guides’’).
DATES: Written comments must be
received by October 16, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Vocational
School Guides Review, Matter No.
P097701’’ to facilitate the organization
of comments. Please note that your
comment – including your name and
your state – will be placed on the public
record of this proceeding, including on
the publicly accessible FTC Website, at
(https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
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records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential . . .’’ as provided in
Section 6(f) of the Federal Trade
Commission Act (‘‘FTC Act’’), 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c), 16 CFR 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
secure.commentworks.com/ftcVocationalSchoolGuides), 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 the
weblink (https://
secure.commentworks.com/ftcVocationalSchoolGuides). If this Notice
appears at (https://www.regulations.gov/
search/index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC Website at (https://www.ftc.gov) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Vocational School
Guides Review, Matter No. P097701’’
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 V), 600
Pennsylvania Avenue, NW, Washington,
DC 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
1The 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 FTC
Rule 4.9(c), 16 CFR 4.9(c).
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37973
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
Website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission 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.shtm).
FOR FURTHER INFORMATION CONTACT: Julie
A. Lady, (216) 263-3409, Staff Attorney,
East Central Region, Federal Trade
Commission, 1111 Superior Avenue,
Suite 200, Cleveland, Ohio 44114.
SUPPLEMENTARY INFORMATION:
I. Background
The Vocational School Guides are
intended to advise proprietary
businesses offering vocational training
courses, either on the school’s premises
or through distance education, how to
avoid unfair or deceptive practices in
connection with the advertising,
promotion, marketing, or sale of their
courses or programs. The Commission
promulgated the Guides (then titled the
‘‘Guides for Private Vocational and
Home Study Schools’’) in May 1972.
The guides became effective on August
14, 1972. (37 FR 9665 (May 16, 1972)).
The Commission amended the Guides
effective October 9, 1998. These
amendments added a provision
addressing misrepresentations related to
post-graduation employment. In order to
streamline the Guides, certain
provisions not specific to vocational
schools and a section suggesting
affirmative disclosures were deleted.2
(62 FR 19703 (Aug. 10, 1998) as
amended at 63 FR 72350 (Dec. 31,
1998)).
The Vocational School Guides
address misrepresentations in the
description of a school including
misrepresentations that the school is
affiliated with the government or is an
employment agency. The Guides also
address misleading representations
related to the accreditation and approval
2The deleted affirmative disclosures included the
school’s make-up work policy, costs of purchasing
the textbooks and equipment needed for the
courses, a description of the school’s physical
facilities and a description of the school’s
placement service.
E:\FR\FM\30JYP1.SGM
30JYP1
37974
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules
of the school, the transferability of
credit received at the school to other
institutions, and the use of testimonials
and endorsements. Schools are
cautioned against misrepresenting the
qualifications of teachers, the nature of
the courses, the availability of
employment after graduation, the
availability of financial assistance, and
enrollment qualifications. Also
addressed is the use of deceptive
diplomas or certificates. Finally, the
Guides warn against using deceptive
sales practices such as using classified
ads that appear to be ‘‘help-wanted’’
ads.
These Guides, like other industry
guides issued by the Commission, are
‘‘administrative interpretations of laws
administered by the Commission for the
guidance of the public in conducting its
affairs in conformity with legal
requirements.’’ 16 CFR 1.5. Conduct
inconsistent with the Guides may result
in corrective action by the Commission
under applicable statutory provisions.
II. Regulatory Review Program
The Commission reviews all current
Commission rules and guides
periodically. These reviews seek
information about the costs and benefits
of the Commission’s rules and guides as
well as their regulatory and economic
impact. The information obtained
assists the Commission in identifying
rules and guides that warrant
modification or rescission. Therefore,
the Commission solicits comments on,
among other things, the economic
impact of, and the continuing need for
the Vocational School Guides; the
benefits of the Guides to purchasers of
vocational education; and the burdens
the Guides place on businesses.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
III. Request for Comment
The Commission solicits comments
on the following specific questions
related to the Vocational School Guides:
(1) Is there a continuing need for the
Guides as currently promulgated? Why
or why not?
(2) What benefits have the Guides
provided to consumers? What evidence
supports the asserted benefits?
(3) What modifications, if any, should
the Commission make to the Guides to
increase their benefits to consumers?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the
Guides for consumers?
(c) How would these modifications
affect the costs and benefits of the
Guides for businesses, particularly small
businesses?
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(4) Should the Guides define ‘‘clearly
and conspicuously,’’ given the guidance
that industry members should make
certain disclosures clearly and
conspicuously? If so, why, and how? If
not, why not?
(5) What impact have the Guides had
on the flow of truthful information to
consumers and on the flow of deceptive
information to consumers? What
evidence supports the asserted impact?
(6) What significant costs have the
Guides imposed on consumers? What
evidence supports the asserted costs?
(7) What modifications, if any, should
be made to the Guides to reduce the
costs imposed on consumers?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the
Guides for consumers?
(c) How would these modifications
affect the costs and benefits of the
Guides for businesses, particularly small
businesses?
(8) Please provide any evidence that
has become available since 1998
concerning consumer perception of or
experience with private vocational and
distance education schools. Does this
new information indicate that the
Guides should be modified? If so, why,
and how? If not, why not?
(9) What benefits, if any, have the
Guides provided to businesses, and in
particular to small businesses? What
evidence supports the asserted benefits?
(10) What modifications, if any,
should be made to the Guides to
increase their benefits to businesses,
and particularly to small businesses?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the
Guides for consumers?
(c) How would these modifications
affect the costs and benefits of the
Guides for businesses, particularly small
businesses?
(11) What significant costs, including
costs of compliance, have the Guides
imposed on businesses, particularly
small businesses? What evidence
supports the asserted costs?
(12) What modifications, if any,
should be made to the Guides to reduce
the costs imposed on businesses, and
particularly on small businesses?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the
Guides for consumers?
(c) How would these modifications
affect the costs and benefits of the
Guides for businesses, particularly small
businesses?
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(13) What evidence is available
concerning the degree of industry
compliance with the Guides? Does this
evidence indicate that the Guides
should be modified? If so, why, and
how? If not, why not?
(14) Is any of the guidance provided
in the Guides no longer needed? If so,
explain. Please provide supporting
evidence.
(15) What potentially unfair or
deceptive practices involving the
advertising and promotional claims
used by vocational and distance
education schools in the advertising,
promotion, marketing, and sale of
courses or programs of instruction
offered by private vocational or distance
education schools, if any, are not
covered or are not adequately covered
by the Guides?
(a) What evidence demonstrates the
existence of such practices? Please
provide specific examples and indicate
how and where such potentially unfair
or deceptive practices occur.
(b) With reference to such practices,
should the Guides be modified? If so,
why, and how? If not, why not?
(16) What modifications, if any,
should be made to the Guides to
account for changes in relevant
technology or economic conditions?
(a) What evidence supports the
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the
Guides for consumers and businesses,
particularly small businesses?
(17) Do the Guides overlap or conflict
with other federal, state, or local laws or
regulations? If so, how?
(a) What evidence supports the
asserted conflicts?
(b) With reference to the asserted
conflicts, should the Guides be
modified? If so, why, and how? If not,
why not?
(c) Is there evidence concerning
whether the Guides have assisted in
promoting national consistency with
respect to the advertising and
promotional claims used by vocational
and distance education schools to
recruit students? If so, please provide
that evidence.
(18) Are there foreign or international
laws, regulations, or standards with
respect to the advertising and
promotional claims used by vocational
and distance education schools to
recruit students that the Commission
should consider as it reviews the
Guides? If so, what are they?
(a) Should the Guides be modified in
order to harmonize with these foreign or
international laws, regulations, or
standards? If so, why, and how? If not,
why not?
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Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules
(b) How would such harmonization
affect the costs and benefits of the
Guides for consumers and businesses,
particularly small businesses?
List of Subjects in 16 CFR Part 254
Advertising, Trade practices.
Authority: 38 Stat. 717, as amended; 15
U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary
[FR Doc. E9–18194 Filed 7–29–09: 9:56 am]
BILLING CODE: 6750–01–S
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 284
[Docket No. RM08–2–000]
Pipeline Posting Requirements Under
Section 23 of the Natural Gas Act;
Order Requesting Supplemental
Comments
Issued July 16, 2009.
AGENCY: Federal Energy Regulatory
Commission.
ACTION: Order Requesting Supplemental
Comments.
SUMMARY: The Federal Energy
Regulatory Commission (Commission)
seeks supplemental comments regarding
potential revisions to the posting
requirements adopted in Order No. 720
of the Commission’s regulations.
DATES: Comments are due August 31,
2009.
FOR FURTHER INFORMATION CONTACT:
Christopher Ellsworth (Technical),
Office of Enforcement, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–8228.
Gabriel Sterling (Legal), Office of
Enforcement, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–8891.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Before Commissioners: Jon Wellinghoff,
Chairman; Suedeen G. Kelly, Marc Spitzer,
and Philip D. Moeller.
Pipeline Posting Requirements Under
Section 23 of the Natural Gas Act;
Order Requesting Supplemental
Comments
1. The Federal Energy Regulatory
Commission (Commission) is seeking
supplemental comments in regard to the
posting requirements adopted in Order
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14:58 Jul 29, 2009
Jkt 217001
No. 720 and codified in § 284.14(a) of
the Commission’s regulations,1 in
response to limited issues raised in
requests for rehearing of Order No. 720 2
and at the staff technical conference
held in this docket on March 18, 2009.3
In particular, we seek comment on
specific regulatory text relevant to
arguments received on rehearing of
Order No. 720. Comments should be
submitted within 30 days of publication
of this order in the Federal Register.
I. Background
2. In Order No. 720, the Commission
adopted new regulations requiring
major non-interstate pipelines to post
certain data on publicly-accessible
Internet Web sites. 4 Order No. 720
implemented the Commission’s
authority under section 23 of the
Natural Gas Act (NGA),5 as added by the
Energy Policy Act of 2005 (EPAct
2005).6 The order required major noninterstate pipelines, defined as those
natural gas pipelines that are not natural
gas companies under the NGA and
deliver more than 50 million MMBtu
per year, to post scheduled flow
information and to post information for
each receipt or delivery point with a
design capacity greater than 15,000
MMBtu per day.7
3. While Order No. 720 required
major non-interstate pipelines to
comply with the new rules within 150
days of the rule’s publication,8 a
subsequent order in this docket
extended the compliance deadline for
major non-interstate pipelines until 150
days following the issuance of an order
on rehearing.9 A staff technical
conference was held on March 18, 2009,
to gather additional information on
certain issues raised on rehearing.10
CFR 284.14(a).
Posting Requirements under Section 23
of the Natural Gas Act, Order No. 720, FERC Stats.
& Regs. ¶ 31,283 (2008). The Commission is not
requesting additional comments regarding 18 CFR
284.14(b) which was also added by Order No. 720.
3 See Notice of Technical Conference, Docket No.
RM08–2–000 (issued Feb. 24, 2009).
4 Additionally, the Commission adopted
regulations requiring interstate pipelines to post
information regarding no-notice service. Order No.
720 at P 1. These regulations are in effect and
interstate pipelines must be in compliance with this
requirement.
5 Section 23 of the Natural Gas Act; 15 U.S.C.
717t 2 (2000 & Supp. V 2005).
6 Energy Policy Act of 2005, Public Law No. 109–
58, sections 1261 et seq., 119 Stat. 594 (2005).
7 Order No. 720 at P 1.
8 Id. P 168.
9 Pipeline Posting Requirements under Section 23
of the Natural Gas Act, 126 FERC ¶ 61,047, at P
4 (2009).
10 See Notice of Technical Conference, Docket No.
RM08–2–001 (issued Feb. 24, 2009); Notice of
Agenda for Technical Conference, Docket No.
RM08–2–001 (issued March 11, 2009).
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2 Pipeline
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37975
4. Among other changes to the
Commission’s regulations, Order No.
720 adopted new § 284.14(a) identifying
the data that major non-interstate
pipelines must post. This section
provides that information must be
posted by major non-interstate pipelines
for each receipt or delivery point with
a design capacity greater than or equal
to 15,000 MMBtu/day. The Commission
stated in Order No. 720, that, ‘‘In the
circumstance where the design capacity
of a receipt or delivery point could vary
according to operational or usage
conditions, a major non-interstate
pipeline must post the design capacity
for the most common operating
conditions of its system during peak
periods.’’ 11 Section 284.14(a) provides
that the following information be posted
regarding each applicable receipt or
delivery point: Transportation Service
Provider Name, Posting Date, Posting
Time, Nomination Cycle, Location
Name, Additional Location Information
if Needed to Distinguish Between
Points, Location Purpose Description
(Receipt, Delivery, or Bilateral), Design
Capacity, Scheduled Volume, Available
Capacity, and Measurement Unit (Dth,
MMBtu, or MCf).
II. Requests for Rehearing and
Technical Conference Comments
5. The Commission received 24
requests for rehearing, clarification, or
both of Order No. 720. Additionally, the
Commission publicly noticed and held
a staff technical conference on March
18, 2009, to gather additional
information with respect to: (1) The
definition of major non-interstate
pipelines; (2) what constitutes
‘‘scheduling’’ for a receipt or delivery
point; and, (3) how the 15,000 MMBtu
per day design capacity threshold
should be applied.12
6. Certain rehearing requests
questioned how § 284.14(a) of the
Commission’s regulations applies to
major non-interstate pipelines that
operate with virtual or pooling points
instead of, or in addition to, physical
metered points.13 Texas Pipeline
Association (TPA) proposed
modifications to § 284.14(a) requiring
11 Order
No. 720 at P 92.
of Technical Conference, Docket No.
RM08–2–001 (issued Feb. 24, 2009).
13 Requests for rehearing, clarification, or both
filed by the following participants raise this
question: American Gas Association, Atmos
Pipeline, Nicor Gas Company, ONEOK Gas
Transportation, LLC, and ONEOK WesTex
Transmission, LLC
12 Notice
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30JYP1
Agencies
[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Proposed Rules]
[Pages 37973-37975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18194]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 254
Private Vocational and Distance Education Schools
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: As part of the Commission's systematic review of all current
FTC rules and guides, the Commission requests public comment on the
overall costs, benefits, necessity, and regulatory and economic impact
of the FTC's guides for ``Private Vocational and Distance Education
Schools'' (``Vocational School Guides'' or ``Guides'').
DATES: Written comments must be received by October 16, 2009.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Vocational
School Guides Review, Matter No. P097701'' to facilitate the
organization of comments. Please note that your comment - including
your name and your state - will be placed on the public record of this
proceeding, including on the publicly accessible FTC Website, at
(https://www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as an individual's Social Security
Number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential . . .'' as provided in Section
6(f) of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing
material for which confidential treatment is requested must be filed in
paper form, must be clearly labeled ``Confidential,'' and must comply
with FTC Rule 4.9(c), 16 CFR 4.9(c).\1\
---------------------------------------------------------------------------
\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 FTC Rule 4.9(c), 16 CFR
4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://secure.commentworks.com/ftc-VocationalSchoolGuides), 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 the weblink (https://secure.commentworks.com/ftc-VocationalSchoolGuides). If this Notice appears at (https://www.regulations.gov/search/index.jsp), you may also file an electronic
comment through that website. The Commission will consider all comments
that regulations.gov forwards to it. You may also visit the FTC Website
at (https://www.ftc.gov) to read the Notice and the news release
describing it.
A comment filed in paper form should include the ``Vocational
School Guides Review, Matter No. P097701'' 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 V), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC
is requesting that any comment filed in paper form be sent by courier
or overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
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
Website, to the extent practicable, at (https://www.ftc.gov/os/publiccomments.shtm). As a matter of discretion, the Commission 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.shtm).
FOR FURTHER INFORMATION CONTACT: Julie A. Lady, (216) 263-3409, Staff
Attorney, East Central Region, Federal Trade Commission, 1111 Superior
Avenue, Suite 200, Cleveland, Ohio 44114.
SUPPLEMENTARY INFORMATION:
I. Background
The Vocational School Guides are intended to advise proprietary
businesses offering vocational training courses, either on the school's
premises or through distance education, how to avoid unfair or
deceptive practices in connection with the advertising, promotion,
marketing, or sale of their courses or programs. The Commission
promulgated the Guides (then titled the ``Guides for Private Vocational
and Home Study Schools'') in May 1972. The guides became effective on
August 14, 1972. (37 FR 9665 (May 16, 1972)). The Commission amended
the Guides effective October 9, 1998. These amendments added a
provision addressing misrepresentations related to post-graduation
employment. In order to streamline the Guides, certain provisions not
specific to vocational schools and a section suggesting affirmative
disclosures were deleted.\2\ (62 FR 19703 (Aug. 10, 1998) as amended at
63 FR 72350 (Dec. 31, 1998)).
---------------------------------------------------------------------------
\2\The deleted affirmative disclosures included the school's
make-up work policy, costs of purchasing the textbooks and equipment
needed for the courses, a description of the school's physical
facilities and a description of the school's placement service.
---------------------------------------------------------------------------
The Vocational School Guides address misrepresentations in the
description of a school including misrepresentations that the school is
affiliated with the government or is an employment agency. The Guides
also address misleading representations related to the accreditation
and approval
[[Page 37974]]
of the school, the transferability of credit received at the school to
other institutions, and the use of testimonials and endorsements.
Schools are cautioned against misrepresenting the qualifications of
teachers, the nature of the courses, the availability of employment
after graduation, the availability of financial assistance, and
enrollment qualifications. Also addressed is the use of deceptive
diplomas or certificates. Finally, the Guides warn against using
deceptive sales practices such as using classified ads that appear to
be ``help-wanted'' ads.
These Guides, like other industry guides issued by the Commission,
are ``administrative interpretations of laws administered by the
Commission for the guidance of the public in conducting its affairs in
conformity with legal requirements.'' 16 CFR 1.5. Conduct inconsistent
with the Guides may result in corrective action by the Commission under
applicable statutory provisions.
II. Regulatory Review Program
The Commission reviews all current Commission rules and guides
periodically. These reviews seek information about the costs and
benefits of the Commission's rules and guides as well as their
regulatory and economic impact. The information obtained assists the
Commission in identifying rules and guides that warrant modification or
rescission. Therefore, the Commission solicits comments on, among other
things, the economic impact of, and the continuing need for the
Vocational School Guides; the benefits of the Guides to purchasers of
vocational education; and the burdens the Guides place on businesses.
III. Request for Comment
The Commission solicits comments on the following specific
questions related to the Vocational School Guides:
(1) Is there a continuing need for the Guides as currently
promulgated? Why or why not?
(2) What benefits have the Guides provided to consumers? What
evidence supports the asserted benefits?
(3) What modifications, if any, should the Commission make to the
Guides to increase their benefits to consumers?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Guides for consumers?
(c) How would these modifications affect the costs and benefits of
the Guides for businesses, particularly small businesses?
(4) Should the Guides define ``clearly and conspicuously,'' given
the guidance that industry members should make certain disclosures
clearly and conspicuously? If so, why, and how? If not, why not?
(5) What impact have the Guides had on the flow of truthful
information to consumers and on the flow of deceptive information to
consumers? What evidence supports the asserted impact?
(6) What significant costs have the Guides imposed on consumers?
What evidence supports the asserted costs?
(7) What modifications, if any, should be made to the Guides to
reduce the costs imposed on consumers?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Guides for consumers?
(c) How would these modifications affect the costs and benefits of
the Guides for businesses, particularly small businesses?
(8) Please provide any evidence that has become available since
1998 concerning consumer perception of or experience with private
vocational and distance education schools. Does this new information
indicate that the Guides should be modified? If so, why, and how? If
not, why not?
(9) What benefits, if any, have the Guides provided to businesses,
and in particular to small businesses? What evidence supports the
asserted benefits?
(10) What modifications, if any, should be made to the Guides to
increase their benefits to businesses, and particularly to small
businesses?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Guides for consumers?
(c) How would these modifications affect the costs and benefits of
the Guides for businesses, particularly small businesses?
(11) What significant costs, including costs of compliance, have
the Guides imposed on businesses, particularly small businesses? What
evidence supports the asserted costs?
(12) What modifications, if any, should be made to the Guides to
reduce the costs imposed on businesses, and particularly on small
businesses?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Guides for consumers?
(c) How would these modifications affect the costs and benefits of
the Guides for businesses, particularly small businesses?
(13) What evidence is available concerning the degree of industry
compliance with the Guides? Does this evidence indicate that the Guides
should be modified? If so, why, and how? If not, why not?
(14) Is any of the guidance provided in the Guides no longer
needed? If so, explain. Please provide supporting evidence.
(15) What potentially unfair or deceptive practices involving the
advertising and promotional claims used by vocational and distance
education schools in the advertising, promotion, marketing, and sale of
courses or programs of instruction offered by private vocational or
distance education schools, if any, are not covered or are not
adequately covered by the Guides?
(a) What evidence demonstrates the existence of such practices?
Please provide specific examples and indicate how and where such
potentially unfair or deceptive practices occur.
(b) With reference to such practices, should the Guides be
modified? If so, why, and how? If not, why not?
(16) What modifications, if any, should be made to the Guides to
account for changes in relevant technology or economic conditions?
(a) What evidence supports the proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Guides for consumers and businesses, particularly small businesses?
(17) Do the Guides overlap or conflict with other federal, state,
or local laws or regulations? If so, how?
(a) What evidence supports the asserted conflicts?
(b) With reference to the asserted conflicts, should the Guides be
modified? If so, why, and how? If not, why not?
(c) Is there evidence concerning whether the Guides have assisted
in promoting national consistency with respect to the advertising and
promotional claims used by vocational and distance education schools to
recruit students? If so, please provide that evidence.
(18) Are there foreign or international laws, regulations, or
standards with respect to the advertising and promotional claims used
by vocational and distance education schools to recruit students that
the Commission should consider as it reviews the Guides? If so, what
are they?
(a) Should the Guides be modified in order to harmonize with these
foreign or international laws, regulations, or standards? If so, why,
and how? If not, why not?
[[Page 37975]]
(b) How would such harmonization affect the costs and benefits of
the Guides for consumers and businesses, particularly small businesses?
List of Subjects in 16 CFR Part 254
Advertising, Trade practices.
Authority: 38 Stat. 717, as amended; 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary
[FR Doc. E9-18194 Filed 7-29-09: 9:56 am]
BILLING CODE: 6750-01-S