Fur Products Labeling Act, 13550-13553 [2011-5757]

Download as PDF 13550 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS-1 agency action, and public participation and input. However, important information as to the consequences of a rule, including its costs and benefits, comes from practical, real-world experience (both on the part of the public and on the part of the agency) after rules have been implemented. Regulated entities and members of the public affected by or interested in NOAA’s regulations are likely to have useful information and perspectives on the benefits and burdens of existing requirements beyond what was available at the time regulations were issued. Interested parties may also be well-positioned to identify those rules that are most in need of review; NOAA would find such input helpful as it considers how to prioritize and properly tailor its retrospective review process for significant regulations. In short, engaging the public in an open, transparent process is a crucial step in NOAA’s review of its existing regulations. NOAA recognizes that the public comment period set forth in this Request for Information (RFI) is shorter than the 30–60 day (or longer) comment periods that may be used for proposed rules. That is because of consideration of the timing requirements under the Executive Order, and because NOAA is not asking for detailed comments on the substance of specific regulation, only comments pertaining to the retrospective review plan which is under development. Questions for the Public Comments will be most helpful if they provide examples and a detailed explanation of how the suggestion will support NOAA’s mission in a way that is more efficient and less burdensome. In providing comments, please keep these key considerations in mind: • Retrospective review does not allow NOAA to contravene requirements of its various statutory mandates. In addition, where NOAA’s discretion has been limited by law, as is the case with fishery management plans and regulations developed by Regional Fishery Management Councils under the Magnuson-Stevens Act, 16 U.S.C. 304, NOAA’s ability to modify, streamline, expand, or repeal regulations is similarly constrained. • NOAA currently conducts periodic review of existing regulations pursuant to statutory mandates. For instance, NOAA’s Office of National Marine Sanctuaries is required by the National Marine Sanctuaries Act, 16 U.S.C. 1434(e), to periodically review sanctuary management plans to ensure that sanctuary management continues to VerDate Mar<15>2010 14:53 Mar 11, 2011 Jkt 223001 best conserve, protect, and enhance the nationally significant living and cultural resources at each site. Such review provides sanctuary management with an ongoing opportunity to review existing regulations, amend existing regulations (as deemed necessary), and generally outline future regulatory goals in the management plans. Similarly, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, NOAA’s National Marine Fisheries Service (as delegated from the Secretary of Commerce) is required to review at routine intervals that may not exceed two years any fishery management plans, plan amendments, or regulations for fisheries that are experiencing overfishing or in need of rebuilding. 16 U.S.C. 1854(e)(7). For many fisheries, revisions to plans and regulations occur with even greater frequency, as National Standard 2 of the Magnuson-Stevens Act requires that conservation and management measures be based on the best scientific information available. Id. § 1851(a)(2). We seek your input on developing a review plan that is integrated with those existing requirements. • Our plan will be tailored to reflect our resources, rulemaking history, and the volume of significant regulations at issue. NOAA intends the questions below to elicit useful information as the agency develops a preliminary plan for possible review of its significant regulations. These questions are not intended to be exhaustive. You may raise other issues or make suggestions unrelated to these questions that you believe would help the agency develop better regulations. (1) How can NOAA review its existing significant rules in a way that will identify rules that can and should be changed, streamlined, consolidated, or removed? NOAA encourages those submitting comments to include a proposed process under which such a review could be regularly undertaken. (2) How can NOAA reduce burdens and maintain flexibility and choice for the public in a way that will promote and achieve its mission? (3) Does NOAA have rules or guidance that are duplicative or that have conflicting requirements among its components or with other agencies? If so, please specifically identify the rules or guidance and suggest ways NOAA can streamline, consolidate, or make these regulations work better. (4) Are there better ways to encourage public participation and an open exchange of views when NOAA engages in rulemaking? (5) Are there rules or guidance that is working well that could be used as PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 models for improving other regulations? If so, please specifically identify the rule or guidance. (6) Are NOAA regulations and guidance written in language that is clear and easy to understand, consistent with statutory requirements? Please identify specific regulations and guidance that are good candidates for a plain language re-write and also identify regulations that are written clearly that could be used as models. (7) What are some suggestions that NOAA can use to assure that its regulations promote and achieve its mission in ways that are efficient and less burdensome? (8) Which significant regulations have proven to be excessively burdensome? What data support this? What suggestions do you have for reducing the burden and maintaining and achieving NOAA’s mission? (9) Which significant regulations could be made more flexible within the existing legal framework? What data support this? (10) Are there regulations that have become ineffective or been overtaken by technological or other change and, if so, what are they? How can they be modernized to accomplish the statutory or regulatory objective better? NOAA will consider public input as we develop a plan to periodically review the agency’s significant rules. NOAA notes that this Request for Information is issued solely for information and program-planning purposes. The agency will give careful consideration to the responses, and may use them as appropriate during the retrospective review, but we do not anticipate providing a response to each comment submitted. While responses to this RFI do not bind NOAA to any further actions related to the response, all submissions will be made publically available on https://www.regulations.gov. Dated: March 7, 2011. Lois J. Schiffer, General Counsel, National Oceanic and Atmospheric Administration. [FR Doc. 2011–5681 Filed 3–11–11; 8:45 am] BILLING CODE 3510–12–P FEDERAL TRADE COMMISSION 16 CFR Part 301 RIN 3084–AB26 Fur Products Labeling Act Federal Trade Commission (FTC or Commission). ACTION: Advance notice of proposed rulemaking; request for comment. AGENCY: E:\FR\FM\14MRP1.SGM 14MRP1 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules In December 2010, Congress passed the Truth in Fur Labeling Act (TFLA), which amends the Fur Products Labeling Act (Fur Act) by: (1) Eliminating the Commission’s discretion to exempt fur products of relatively small quantity or value from disclosure requirements; and (2) providing that the Fur Act will not apply to certain fur products obtained through trapping or hunting and sold in face to face transactions. TFLA also directs the Commission to review and allow comment on the Fur Products Name Guide (Name Guide). Accordingly, the Commission publishes this Advance Notice of Proposed Rulemaking (ANPR) and request for comment. In addition to seeking comment on the Name Guide, the Commission, as part of its systematic review of all current FTC rules and guides, requests comment on all of its Fur Act regulations (Fur Rules or Rules). DATES: Written comments must be received by May 16, 2011. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form by following the instructions in the SUPPLEMENTARY INFORMATION section below. Comments in electronic form should be submitted by using the following Web link: https:// ftcpublic.commentworks.com/ftc/ furrulesreview (and following the instructions on the Web-based form). Comments filed in paper form should be mailed or delivered to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex O), 600 Pennsylvania Avenue, NW., Washington, DC 20580, in the manner detailed in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: Matthew Wilshire, (202) 326–2976, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background erowe on DSK5CLS3C1PROD with PROPOSALS-1 A. The Fur Act and Rules The Fur Act prohibits misbranding and false advertising of fur products, and requires labeling of most fur products. 15 U.S.C. 69 et seq. Pursuant to this Act, the Commission promulgated the Fur Rules to establish disclosure requirements that assist consumers in making informed purchasing decisions. 16 CFR part 301. Specifically, the Fur Act and Rules require fur manufacturers, dealers, and retailers to place labels on products VerDate Mar<15>2010 14:53 Mar 11, 2011 Jkt 223001 made entirely or partly of fur disclosing: (1) The animal’s name as provided in the Name Guide; (2) the presence of any used, bleached, dyed, or otherwise artificially colored fur; (3) that the garment is composed of paws, tails, bellies, or waste fur, if that is the case; (4) the name or Registered Identification Number of the manufacturer or other party responsible for the garment; and (5) the garment’s country of origin. 15 U.S.C. 69b(2); 16 CFR 301.2(a). In addition, manufacturers must include an item number or mark on the label for identification purposes. 16 CFR 301.40. The Fur Rules also provide requirements for advertising fur products. 16 CFR 301.38. Finally, to assist the Commission in enforcing these requirements, the Rules contain recordkeeping requirements. 16 CFR 301.37; 301.41. Prior to amendment by TFLA, the Fur Act authorized the Commission to exempt fur products of ‘‘relatively small quantity or values from labeling requirements. 15 U.S.C. 69(d). Exercising this soon-to-expire authority, the Fur Rules contain a de minimis exemption’’ that provides: If the cost of any fur trim or other manufactured fur or furs contained in a fur product, exclusive of any costs incident to its incorporation therein, does not exceed one hundred fifty dollars ($150) to the manufacturer of the finished fur product, or if a manufacturer’s selling price of a fur product does not exceed one hundred fifty dollars ($150), and the provisions of paragraphs (b) and (c) of this section are met, the fur product shall be exempted from the requirements of the Act and Regulations in this part. * * * 16 CFR 301.39(a). Thus, prior to TFLA’s effective date, retailers can lawfully sell garments containing fur or fur trim with a component value of $150 or less without a fur-content label. B. TFLA On December 18, 2010, the President signed TFLA into law. That Act contains two amendments to the Fur Act. First, it eliminates the provision in Section 2(d) of the Fur Act that empowered the Commission to exempt fur products ‘‘of relatively small quantity or value of the fur or used fur contained therein 15 U.S.C. 69(d). This amendment is effective 90 days from TFLA’s enactment—March 18, 2011. Public Law 111–113, § 2. Second, TFLA provides a new exemption for furs sold directly by trappers and hunters to enduse customers in certain face-to-face transactions (‘‘hunter/trapper exemptions): No provision of [the Fur Act] shall apply to a fur product—(1) the fur of which was PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 13551 obtained from an animal through trapping or hunting; and (2) when sold in a face to face transaction at a place such as a residence, craft fair, or other location used on a temporary or short term basis, by the person who trapped or hunted the animal, where the revenue from the sale of apparel or fur products is not the primary source of income of such person. Pub. L. No. 111–113, § 3. TFLA also directs the Commission to initiate a review and opportunity to comment on the Name Guide. TFLA gives the Commission 90 days from enactment to commence the review. II. Future Rule Amendments TFLA’s amendments will require conforming changes to the Fur Rules. Specifically, there will no longer be a statutory basis for the Fur Rules’ de minimis exemption, and previously exempted fur products will require labels. Therefore, the Commission must delete the exemption from its Rules. In addition, the Commission will propose revisions making clear that the Fur Rules do not apply to products covered by TFLA hunter/trapper exemption. Accordingly, the Commission will issue a Notice of Proposed Rulemaking that will propose changes in light of TFLA and may propose other changes in response to comments solicited by this document. Meanwhile, fur products previously covered by the de minimis exemption will be subject to the Fur Act’s disclosure requirements, as of March 18, 2011, even though the exemption will remain in the Fur Rules until the Commission issues final amendments. Congress has rescinded the Commission’s authority to exempt such products, and, therefore, there is no longer a legal basis for the de minimis exemption. III. Regulatory Review Program In light of TFLA’s directive, and consistent with the Commission’s policy to periodically review its rules and guides, the Commission solicits comments on the Fur Rules in general and the Name Guide in particular. In addition to comments regarding the Name Guide, the Commission seeks comment on, among other things, the economic impact of, and the continuing need for, the Fur Rule provisions; the benefits of the Rules to consumers; and the burdens the Rules place on those subject to its requirements. The Commission seeks comment on the specific questions listed below in Section IV. IV. Request for Comment The Commission solicits comment on the following specific questions related to the Fur Rules: E:\FR\FM\14MRP1.SGM 14MRP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 13552 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules (1) Is there a continuing need for the Rules as currently promulgated? Why or why not? (2) What benefits have the Rules provided to consumers? What evidence supports the asserted benefits? (3) What modifications, if any, should the Commission make to the Rules 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 Rules for consumers? (c) How would these modifications affect the costs and benefits of the Rules for businesses, particularly small businesses? (4) What impact have the Rules had on the flow of truthful information to consumers and on the flow of deceptive information to consumers? (5) What significant costs have the Rules imposed on consumers? What evidence supports the asserted costs? (6) What modifications, if any, should be made to the Rules 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 Rules for consumers? (c) How would these modifications affect the costs and benefits of the Rules for businesses, particularly small businesses? (7) What benefits, if any, have the Rules provided to businesses, and in particular to small businesses? What evidence supports the asserted benefits? (8) What modifications, if any, should be made to the Rules to increase its 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 Rules for consumers? (c) How would these modifications affect the costs and benefits of the Rules for businesses? (9) What significant costs, including costs of compliance, have the Rules imposed on businesses, particularly small businesses? What evidence supports the asserted costs? (10) What modifications, if any, should be made to the Rules 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 Rules for consumers? (c) How would these modifications affect the costs and benefits of the Rules for businesses? (11) Provide any evidence concerning consumer perception of the fur names required by the Name Guide. Does this evidence indicate that the Rules should be modified? If so, why, and how? If not, why not? (12) Provide any evidence concerning whether the Commission should alter the Name Guide to include additional fur names or to eliminate certain names already listed. VerDate Mar<15>2010 14:53 Mar 11, 2011 Jkt 223001 Does this evidence indicate that the Rules should be modified? If so, why, and how? If not, why not? (13) What evidence is available concerning the degree of industry compliance with the Rules? Does this evidence indicate that the Rules should be modified? If so, why, and how? If not, why not? (14) Are any of the Rules’ requirements no longer needed? If so, explain. Please provide supporting evidence. (15) What potentially unfair or deceptive practices concerning the labeling and advertising of fur products, if any, are not covered by the Rules? (a) What evidence demonstrates the existence of such practices? (b) With reference to such practices, should the Rules be modified? If so, why, and how? If not, why not? (16) Should the Rules continue to require that fur products manufactured for use in pairs or groups be firmly attached to each other when delivered to the purchaserconsumer or be individually labeled? Why or why not? Please provide any supporting evidence. (17) What modifications, if any, should be made to the Rules 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 Rules for consumers and businesses, particularly small businesses? (18) Do the Rules 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 Rules be modified? If so, why, and how? If not, why not? (19) Are there foreign or international laws, regulations, or standards with respect to the fur labeling that the Commission should consider as it reviews the Rules? If so, what are they? (a) Should the Rules be modified in order to harmonize with these foreign or international laws, regulations, or standards? If so, why, and how? If not, why not? (b) How would such harmonization affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘Fur Rules Review, Matter No. P074201’’ to facilitate the organization of comments. We must receive your comment by May 16, 2011. 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 Web site, at https://www.ftc.gov/os/ publiccomments.shtm. Because comments will be made public, they should not include any sensitive personal information, such as any individual’s Social Security PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 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 ‘‘trade 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 (AFTC Act), 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter for which confidential treatment is requested must be filed in paper form, must be clearly labeled AConfidential, and must comply with FTC Rule 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 using the following Web link: https:// ftcpublic.commentworks.com/ftc/ furrulesreview (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 Web link https://ftcpublic.commentworks.com/ ftc/furrulesreview. If this notice of proposed rulemaking appears at https:// www.regulations.gov/search/Regs/ home.html#home, you may also file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it. You may also visit the FTC Web site at https://www.ftc.gov to read the notice of proposed rulemaking and the news release describing it. A comment filed in paper form should include the ‘‘Fur Rules Review, Matter No. P074201’’ 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–113 (Annex O), 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 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). E:\FR\FM\14MRP1.SGM 14MRP1 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 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 that 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/os/publiccomments.shtm. 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 Web site. 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. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2011–5757 Filed 3–11–11; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF THE TREASURY 31 CFR Part 33 RIN 1505–AC30 DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 155 [CMS–9987–P] RIN 0938–AQ75 Application, Review, and Reporting Process for Waivers for State Innovation Centers for Medicare & Medicaid Services (CMS), HHS; Department of the Treasury. ACTION: Proposed rule. AGENCY: This proposed rule sets forth a procedural framework for submission and review of initial applications for a Waiver for State Innovation described in section 1332 of the Patient Protection and the Affordable Care Act including processes to ensure opportunities for public input in the development of such applications by States and in the Federal review of the applications. DATES: Comments are due on or before May 13, 2011. erowe on DSK5CLS3C1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 14:53 Mar 11, 2011 Jkt 223001 Written comments may be submitted to any of the addresses specified below. Any comment that is submitted to one Department will be shared with the other Department. Please do not submit duplicates. Department of the Treasury. Interested members of the public are invited to submit comments on this proposed rule. Comments may be submitted to Treasury by either of the following methods: Submit electronic comments through the Federal government e-rulemaking portal, https:// www.regulations.gov, or send comments in hard copy to: Office of Benefits Tax Counsel, Attention: Waivers for State Innovation, Room 3050, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. In general, Treasury will post all comments to https://www.regulations.gov without change, including any business or personal information provided such as names, addresses, e-mail addresses, or telephone numbers. Treasury will also make such comments available for public inspection and copying in Treasury’s Library, Room 1428, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. Members of the public can make an appointment to inspect comments by telephoning (202) 622–0990. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should only submit information that you wish to make available publicly. Centers for Medicare & Medicaid Services. In commenting, please refer to file code CMS–9987–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed): 1. Electronically. You may submit electronic comments on this regulation to https://www.regulations.gov. Follow the ‘‘Submit a comment’’ instructions. 2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–9987– P, P.O. Box 8016, Baltimore, MD 21244– 8016. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By express or overnight mail. You may send written comments to the following address ONLY: ADDRESSES: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 13553 Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–9987– P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. 4. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments before the close of the comment period to either of the following addresses: a. For delivery in Washington, DC— Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) b. For delivery in Baltimore, MD— Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244–1850. If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786– 7195 in advance to schedule your arrival with one of our staff members. Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. Submission of comments on paperwork requirements. You may submit comments on this document’s paperwork requirements by following the instructions at the end of the ‘‘Collection of Information Requirements’’ section in this document. Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: https://regulations.gov. Follow the search instructions on that Web site to view public comments. Comments received timely will be also available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, E:\FR\FM\14MRP1.SGM 14MRP1

Agencies

[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13550-13553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5757]


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FEDERAL TRADE COMMISSION

16 CFR Part 301

RIN 3084-AB26


Fur Products Labeling Act

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Advance notice of proposed rulemaking; request for comment.

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[[Page 13551]]

SUMMARY: In December 2010, Congress passed the Truth in Fur Labeling 
Act (TFLA), which amends the Fur Products Labeling Act (Fur Act) by: 
(1) Eliminating the Commission's discretion to exempt fur products of 
relatively small quantity or value from disclosure requirements; and 
(2) providing that the Fur Act will not apply to certain fur products 
obtained through trapping or hunting and sold in face to face 
transactions. TFLA also directs the Commission to review and allow 
comment on the Fur Products Name Guide (Name Guide). Accordingly, the 
Commission publishes this Advance Notice of Proposed Rulemaking (ANPR) 
and request for comment. In addition to seeking comment on the Name 
Guide, the Commission, as part of its systematic review of all current 
FTC rules and guides, requests comment on all of its Fur Act 
regulations (Fur Rules or Rules).

DATES: Written comments must be received by May 16, 2011.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form by following the instructions in the 
SUPPLEMENTARY INFORMATION section below. Comments in electronic form 
should be submitted by using the following Web link: https://ftcpublic.commentworks.com/ftc/furrulesreview (and following the 
instructions on the Web-based form). Comments filed in paper form 
should be mailed or delivered to the following address: Federal Trade 
Commission, Office of the Secretary, Room H-113 (Annex O), 600 
Pennsylvania Avenue, NW., Washington, DC 20580, in the manner detailed 
in the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: Matthew Wilshire, (202) 326-2976, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Fur Act and Rules

    The Fur Act prohibits misbranding and false advertising of fur 
products, and requires labeling of most fur products. 15 U.S.C. 69 et 
seq. Pursuant to this Act, the Commission promulgated the Fur Rules to 
establish disclosure requirements that assist consumers in making 
informed purchasing decisions. 16 CFR part 301. Specifically, the Fur 
Act and Rules require fur manufacturers, dealers, and retailers to 
place labels on products made entirely or partly of fur disclosing: (1) 
The animal's name as provided in the Name Guide; (2) the presence of 
any used, bleached, dyed, or otherwise artificially colored fur; (3) 
that the garment is composed of paws, tails, bellies, or waste fur, if 
that is the case; (4) the name or Registered Identification Number of 
the manufacturer or other party responsible for the garment; and (5) 
the garment's country of origin. 15 U.S.C. 69b(2); 16 CFR 301.2(a). In 
addition, manufacturers must include an item number or mark on the 
label for identification purposes. 16 CFR 301.40. The Fur Rules also 
provide requirements for advertising fur products. 16 CFR 301.38. 
Finally, to assist the Commission in enforcing these requirements, the 
Rules contain recordkeeping requirements. 16 CFR 301.37; 301.41.
    Prior to amendment by TFLA, the Fur Act authorized the Commission 
to exempt fur products of ``relatively small quantity or values from 
labeling requirements. 15 U.S.C. 69(d). Exercising this soon-to-expire 
authority, the Fur Rules contain a de minimis exemption'' that 
provides:

    If the cost of any fur trim or other manufactured fur or furs 
contained in a fur product, exclusive of any costs incident to its 
incorporation therein, does not exceed one hundred fifty dollars 
($150) to the manufacturer of the finished fur product, or if a 
manufacturer's selling price of a fur product does not exceed one 
hundred fifty dollars ($150), and the provisions of paragraphs (b) 
and (c) of this section are met, the fur product shall be exempted 
from the requirements of the Act and Regulations in this part. * * * 
16 CFR 301.39(a).

Thus, prior to TFLA's effective date, retailers can lawfully sell 
garments containing fur or fur trim with a component value of $150 or 
less without a fur-content label.

B. TFLA

    On December 18, 2010, the President signed TFLA into law. That Act 
contains two amendments to the Fur Act. First, it eliminates the 
provision in Section 2(d) of the Fur Act that empowered the Commission 
to exempt fur products ``of relatively small quantity or value of the 
fur or used fur contained therein 15 U.S.C. 69(d). This amendment is 
effective 90 days from TFLA's enactment--March 18, 2011. Public Law 
111-113, Sec.  2. Second, TFLA provides a new exemption for furs sold 
directly by trappers and hunters to end-use customers in certain face-
to-face transactions (``hunter/trapper exemptions):

    No provision of [the Fur Act] shall apply to a fur product--(1) 
the fur of which was obtained from an animal through trapping or 
hunting; and (2) when sold in a face to face transaction at a place 
such as a residence, craft fair, or other location used on a 
temporary or short term basis, by the person who trapped or hunted 
the animal, where the revenue from the sale of apparel or fur 
products is not the primary source of income of such person. Pub. L. 
No. 111-113, Sec.  3.

    TFLA also directs the Commission to initiate a review and 
opportunity to comment on the Name Guide. TFLA gives the Commission 90 
days from enactment to commence the review.

II. Future Rule Amendments

    TFLA's amendments will require conforming changes to the Fur Rules. 
Specifically, there will no longer be a statutory basis for the Fur 
Rules' de minimis exemption, and previously exempted fur products will 
require labels. Therefore, the Commission must delete the exemption 
from its Rules. In addition, the Commission will propose revisions 
making clear that the Fur Rules do not apply to products covered by 
TFLA hunter/trapper exemption.
    Accordingly, the Commission will issue a Notice of Proposed 
Rulemaking that will propose changes in light of TFLA and may propose 
other changes in response to comments solicited by this document. 
Meanwhile, fur products previously covered by the de minimis exemption 
will be subject to the Fur Act's disclosure requirements, as of March 
18, 2011, even though the exemption will remain in the Fur Rules until 
the Commission issues final amendments. Congress has rescinded the 
Commission's authority to exempt such products, and, therefore, there 
is no longer a legal basis for the de minimis exemption.

III. Regulatory Review Program

    In light of TFLA's directive, and consistent with the Commission's 
policy to periodically review its rules and guides, the Commission 
solicits comments on the Fur Rules in general and the Name Guide in 
particular. In addition to comments regarding the Name Guide, the 
Commission seeks comment on, among other things, the economic impact 
of, and the continuing need for, the Fur Rule provisions; the benefits 
of the Rules to consumers; and the burdens the Rules place on those 
subject to its requirements. The Commission seeks comment on the 
specific questions listed below in Section IV.

IV. Request for Comment

    The Commission solicits comment on the following specific questions 
related to the Fur Rules:


[[Page 13552]]


    (1) Is there a continuing need for the Rules as currently 
promulgated? Why or why not?
    (2) What benefits have the Rules provided to consumers? What 
evidence supports the asserted benefits?
    (3) What modifications, if any, should the Commission make to 
the Rules 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 Rules for consumers?
    (c) How would these modifications affect the costs and benefits 
of the Rules for businesses, particularly small businesses?
    (4) What impact have the Rules had on the flow of truthful 
information to consumers and on the flow of deceptive information to 
consumers?
    (5) What significant costs have the Rules imposed on consumers? 
What evidence supports the asserted costs?
    (6) What modifications, if any, should be made to the Rules 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 Rules for consumers?
    (c) How would these modifications affect the costs and benefits 
of the Rules for businesses, particularly small businesses?
    (7) What benefits, if any, have the Rules provided to 
businesses, and in particular to small businesses? What evidence 
supports the asserted benefits?
    (8) What modifications, if any, should be made to the Rules to 
increase its 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 Rules for consumers?
    (c) How would these modifications affect the costs and benefits 
of the Rules for businesses?
    (9) What significant costs, including costs of compliance, have 
the Rules imposed on businesses, particularly small businesses? What 
evidence supports the asserted costs?
    (10) What modifications, if any, should be made to the Rules 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 Rules for consumers?
    (c) How would these modifications affect the costs and benefits 
of the Rules for businesses?
    (11) Provide any evidence concerning consumer perception of the 
fur names required by the Name Guide. Does this evidence indicate 
that the Rules should be modified? If so, why, and how? If not, why 
not?
    (12) Provide any evidence concerning whether the Commission 
should alter the Name Guide to include additional fur names or to 
eliminate certain names already listed. Does this evidence indicate 
that the Rules should be modified? If so, why, and how? If not, why 
not?
    (13) What evidence is available concerning the degree of 
industry compliance with the Rules? Does this evidence indicate that 
the Rules should be modified? If so, why, and how? If not, why not?
    (14) Are any of the Rules' requirements no longer needed? If so, 
explain. Please provide supporting evidence.
    (15) What potentially unfair or deceptive practices concerning 
the labeling and advertising of fur products, if any, are not 
covered by the Rules?
    (a) What evidence demonstrates the existence of such practices?
    (b) With reference to such practices, should the Rules be 
modified? If so, why, and how? If not, why not?
    (16) Should the Rules continue to require that fur products 
manufactured for use in pairs or groups be firmly attached to each 
other when delivered to the purchaser-consumer or be individually 
labeled? Why or why not? Please provide any supporting evidence.
    (17) What modifications, if any, should be made to the Rules 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 Rules for consumers and businesses, particularly small 
businesses?
    (18) Do the Rules 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 Rules 
be modified? If so, why, and how? If not, why not?
    (19) Are there foreign or international laws, regulations, or 
standards with respect to the fur labeling that the Commission 
should consider as it reviews the Rules? If so, what are they?
    (a) Should the Rules be modified in order to harmonize with 
these foreign or international laws, regulations, or standards? If 
so, why, and how? If not, why not?
    (b) How would such harmonization affect the costs and benefits 
of the Rules for consumers and businesses, particularly small 
businesses?

    Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``Fur Rules 
Review, Matter No. P074201'' to facilitate the organization of 
comments. We must receive your comment by May 16, 2011. 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 Web site, at http:[sol][sol]www.ftc.gov/os/
publiccomments.shtm.
    Because comments will be made public, they should not include any 
sensitive personal information, such as any 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 ``trade 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 (AFTC Act), 15 U.S.C. 46(f), and FTC Rule 
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter for which 
confidential treatment is requested must be filed in paper form, must 
be clearly labeled AConfidential, and must comply with FTC Rule 
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 using the following Web link: 
https:[sol][sol]ftcpublic.commentworks.com/ftc/furrulesreview (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 Web link 
https:[sol][sol]ftcpublic.commentworks.com/ftc/furrulesreview. If this 
notice of proposed rulemaking appears at 
http:[sol][sol]www.regulations.gov/search/Regs/home.html#home, you may 
also file an electronic comment through that Web site. The Commission 
will consider all comments that regulations.gov forwards to it. You may 
also visit the FTC Web site at http:[sol][sol]www.ftc.gov to read the 
notice of proposed rulemaking and the news release describing it.
    A comment filed in paper form should include the ``Fur Rules 
Review, Matter No. P074201'' 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-113 (Annex 
O), 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

[[Page 13553]]

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 that 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 
http:[sol][sol]www.ftc.gov/os/publiccomments.shtm. 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 Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy, at http:[sol][sol]www.ftc.gov/ftc/privacy.htm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-5757 Filed 3-11-11; 8:45 am]
BILLING CODE 6750-01-P
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