Retail Food Store Advertising and Marketing Practices Rule, 51308-51310 [2011-21020]
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51308
Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules
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§ 615.5143 Management of ineligible and
unsuitable investments.
(a) Investments ineligible when
purchased. Investments that do not
satisfy the eligibility criteria set forth in
§ 615.5140 at the time of purchase are
ineligible. You may not purchase
ineligible investments. If you determine
that you have purchased an ineligible
investment, you must notify us
promptly in writing after such
determination. You must divest of the
investment no later than 60 calendar
days after you determine that the
investment is ineligible unless we
approve, in writing, a plan that
authorizes you to divest the investment
over a longer period of time. Until you
divest of the investment:
(1) It must not be used to fund the
liquidity reserve necessary to meet the
liquidity reserve requirement in
§ 615.5134;
(2) It must be included in the
§ 615.5132 investment portfolio limit;
and
(3) It must not be included as
collateral under § 615.5050 or net
collateral under § 615.5301(c).
(b) Investments that no longer satisfy
eligibility criteria or are unsuitable. If an
investment (that satisfied the eligibility
criteria set forth in § 615.5140 when
purchased) no longer satisfies the
eligibility criteria, or if an investment is
not suitable because it does not fit the
risk tolerance established in your board
policy pursuant to § 615.5133(c), you
may continue to hold it, subject to the
following requirements:
(1) You must notify FCA promptly in
writing upon your determination that
the investment no longer satisfies the
eligibility criteria contained in
§ 615.5140 or is not suitable;
(2) You must not use the investment
to fund the liquidity reserve necessary
to meet the liquidity reserve
requirement in § 615.5134;
(3) You must include the investment
in the § 615.5132 investment portfolio
limit;
(4) You must include the investment
as collateral under § 615.5050 and net
collateral under § 615.5301(c) at the
lower of cost or market value; and
(5) You must develop a plan to reduce
the investment’s risk to you.
(c) Board reporting requirements. You
must report to your board at least
quarterly on the following:
(1) The status and performance of
each investment described in
paragraphs (a) and (b) of this section.
(2) The impact that any investments
described in paragraphs (a) and (b) of
this section may have on your capital,
earnings, liquidity, and collateral
position; and
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16:03 Aug 17, 2011
Jkt 223001
(3) The terms and status of any
required divestiture plan or risk
reduction plan.
(d) Reservation of authority. FCA
retains the authority to require you to
divest of any investment at any time for
safety and soundness reasons. The
timeframe set by FCA will consider the
expected loss on the transaction (or
transactions) and the impact on your
financial condition and performance.
Subpart F—Property, Transfers of
Capital, and Other Investments
9. Section 615.5174 is amended by:
a. Removing the reference
‘‘§ 615.5131(f)’’ and adding in its place,
the reference ‘‘§ 615.5131’’ in paragraph
(a); and
b. Revising paragraph (d); and
c. Adding a new paragraph (e) to read
as follows:
§ 615.5174
Farmer Mac securities.
*
*
*
*
*
(d) Stress Test. You must perform
stress tests, in accordance with
§ 615.5133(f)(2), on mortgage securities,
issued or guaranteed by Farmer Mac,
that are backed by loans that you did
not originate.
(e) You. Means a Farm Credit bank,
association, or service corporation.
Dated: August 12, 2011.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2011–20965 Filed 8–17–11; 8:45 am]
BILLING CODE 6705–01–P
FEDERAL TRADE COMMISSION
16 CFR Part 424
Retail Food Store Advertising and
Marketing Practices Rule
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Advance notice of proposed
rulemaking; request for public
comment.
AGENCY:
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 rule
for ‘‘Retail Food Store Advertising and
Marketing Practices’’ (‘‘Unavailability
Rule’’ or ‘‘Rule’’).
DATES: Comments must be received on
or before October 19, 2011.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUMMARY:
PO 00000
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section
below. Write ‘‘16 CFR Part 424—Retail
Food Store Advertising Rule, Project No.
P104203’’ on your comment, and file
your comment online at https://
ftcpublic.commentworks.com/ftc/
unavailabilityruleanpr, by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex N), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Jock
Chung, (202) 326–2984, Attorney,
Division of Enforcement, Bureau of
Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue,
NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION
I. Background
The Unavailability Rule states that it
is an unfair or deceptive act or practice
for ‘‘retail food stores’’ to advertise
‘‘food, grocery products or other
merchandise’’ at a stated price if those
stores do not have the advertised
products in stock and readily available
to consumers during the effective period
of the advertisement. The original Rule,
promulgated in 1971,1 permitted food
retailers to defend against a charge of
failure to have items available by
maintaining records showing that the
advertised items were timely ordered
and delivered in quantities sufficient to
meet reasonably anticipated demand.2
In 1989, after a comment period and
public hearings, the Commission
concluded that the costs of complying
with the original Rule exceeded the
benefits to consumers and amended the
Rule.3 The Rule now provides that even
if stores do not have the advertised
products in stock and readily available
during the effective period of their
advertisement, they comply with the
Rule if ‘‘the advertisement clearly and
adequately discloses that supplies of the
advertised products are limited or the
advertised products are available only at
some outlets.’’ 4 In addition, the
amendment provides that it would not
be a rule violation if: (1) The store
ordered the advertised products in
adequate time for delivery in quantities
1 Federal Trade Commission: Retail Food Store
Advertising and Marketing Practices: Statement of
Basis and Purpose: The Rule, 36 FR 8777 (May 13,
1971). The Rule became effective on July 12, 1971.
2 Id. at 8781.
3 Federal Trade Commission: Amendment to
Trade Regulation Rule Concerning Retail Food
Store Advertising and Marketing Practices, 54 FR
35456 (Aug. 28, 1989).
4 Id. at 35467.
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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules
sufficient to meet reasonably anticipated
demand; (2) the store offers a
‘‘raincheck’’ for the advertised products;
(3) the store offers a comparable product
at the advertised price or at a
comparable price reduction; or (4) the
store offers other compensation at least
equal to the advertised value.5 The
Commission stated that the amended
Rule ‘‘will not significantly reduce
consumer protection because injury
caused by such instances of unexpected
unavailability * * * will be
substantially mitigated by the amended
Rule’s requirement that consumers be
offered rainchecks or comparable
substitute items.’’ 6
II. Regulatory Review Program
The Commission reviews its rules and
guides periodically. These reviews seek
information about the costs and benefits
of the rules and guides as well as their
regulatory and economic impact. These
reviews assist the Commission in
identifying rules and guides that
warrant modification or rescission.
Therefore, the Commission now solicits
comments on, among other things, the
economic impact of, and the continuing
need for, the Unavailability Rule; the
benefits of the Rule to consumers
purchasing products at retail food
stores; and the burdens the Rule places
on firms subject to its requirements.
III. Request for Comments
The Commission solicits comments
on the following specific questions
related to the Unavailability Rule:
(1) Is there a continuing need for the
Rule? Why or why not?
(2) What benefits has the Rule
provided to consumers, or what
significant costs has the Rule imposed
on consumers? Provide any evidence
that supports your position.
(3) What modifications, if any, should
the Commission make to the Rule to
increase its benefits or reduce its costs
to consumers?
(a) Provide any evidence that supports
your proposed modifications.
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers?
(c) How would these modifications
affect the costs and benefits of the Rule
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5 Id.
at 35467–35468.
at 35457. Although the majority of the
Commission voted to amend the Rule,
Commissioner Calvani dissented, stating that
‘‘existing market forces adequately police
unavailability, and * * * therefore, no Federal
Trade Commission rule is necessary, amended or
otherwise.’’ Id. at 35468. Conversely, Commissioner
Strenio dissented, stating that there was
‘‘insufficient evidence * * * to conclude that these
changes will result in net consumer benefits;’’ thus,
he could not support these amendments. Id.
6 Id.
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for businesses, particularly small
businesses?
(4) What impact has the Rule had on
the flow of truthful information to
consumers and on the flow of deceptive
information to consumers? Provide any
evidence that supports your position.
(5) What benefits, if any, has the Rule
provided to businesses, or what
significant costs, including costs of
compliance, has the Rule imposed on
businesses, particularly small
businesses? Provide any evidence that
supports your position.
(6) What modifications, if any, should
be made to the Rule to increase its
benefits or reduce its costs to
businesses, particularly small
businesses?
(a) Provide any evidence that supports
your proposed modifications.
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers?
(c) How would these modifications
affect the costs and benefits of the Rule
for businesses, particularly small
businesses?
(7) Provide any evidence concerning
the degree of industry compliance with
the Rule. Does this evidence indicate
that the Rule should be modified? If so,
why, and how? If not, why not?
(8) Provide any evidence concerning
whether any of the Rule’s provisions are
no longer necessary. Explain why these
provisions are unnecessary.
(9) What potentially unfair or
deceptive practices, not covered by the
Rule, concerning price advertising of
products by retail food stores are
occurring in the marketplace?
(a) Provide any evidence, such as
empirical data, consumer perception
studies, or consumer complaints, that
demonstrates the extent of such
practices.
(b) Provide any evidence that
demonstrates whether such practices
cause consumer injury.
(c) With reference to such practices,
should the Rule be modified? If so, why,
and how? If not, why not?
(10) Should the Commission broaden
the Rule to include stores not currently
covered, such as drugstores, department
stores, electronics retailers, etc.? Provide
any evidence that supports your
position.
(11) What modifications, if any,
should be made to the Rule to account
for current or impending changes in
technology or economic conditions?
(a) Provide any evidence that supports
your position.
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers and businesses,
particularly small businesses?
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51309
(12) Does the Rule overlap or conflict
with other federal, state, or local laws or
regulations? If so, how?
(a) Provide any evidence that supports
your position.
(b) With reference to the asserted
conflicts, should the Rule be modified?
If so, why, and how? If not, why not?
(c) Provide any evidence concerning
whether the Rule has assisted in
promoting national consistency with
respect to the advertising by retail food
stores of products for sale at a stated
price.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before October 19, 2011. Write ‘‘16 CFR
Part 424—Retail Food Store Advertising
Rule, Project No. P104203’’ on your
comment. Your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment doesn’t
include any sensitive personal
information, such as anyone’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. You are also solely responsible
for making sure that your comment
doesn’t include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, don’t 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 FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
In particular, don’t include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules
4.9(c).7 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
unavailabilityruleanpr, by following the
instructions on the Web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘16 CFR Part 424—Retail Food
Store Advertising Rule, Project No.
P104203’’ on your comment and on the
envelope, and mail or deliver it to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex N), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. 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 on or
before October 19, 2011. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
List of Subjects in 16 CFR Part 424
Advertising, Foods, Trade practices.
Authority: 15 U.S.C. 41–58.
By direction of the Commission.
Donald S. Clark,
Secretary.
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BILLING CODE 6750–01–P
7 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
16:03 Aug 17, 2011
Jkt 223001
Internal Revenue Service
26 CFR Part 51
[REG–112805–10]
RIN 1545–BJ39
Branded Prescription Drug Fee
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations.
AGENCY:
In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations relating to the branded
prescription drug fee imposed by the
Affordable Care Act (ACA). The
regulations affect persons engaged in the
business of manufacturing or importing
certain branded prescription drugs. The
text of the temporary regulations also
serves as the text of the proposed
regulations.
SUMMARY:
Written and electronic comments
and requests for a public hearing must
be received by November 16, 2011.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–112805–10), room
5205, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to: CC:PA:LPD:PR (REG–112805–
10), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–112805–
10).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Celia Gabrysh at (202) 622–3130;
concerning submissions of comments
and requests for a hearing
Richard.A.Hurst@irscounsel.treas.gov,
(202) 622–7180 (not toll free numbers).
SUPPLEMENTARY INFORMATION:
DATES:
Paperwork Reduction Act
[FR Doc. 2011–21020 Filed 8–17–11; 8:45 am]
VerDate Mar<15>2010
DEPARTMENT OF THE TREASURY
The collection of information
contained in this notice of proposed
rulemaking has been approved by the
Office of Management and Budget in
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)) and assigned control number
1545–2209.
Comments on the collection of
information should be sent to the Office
of Management and Budget, Attn: Desk
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
Officer for the Department of the
Treasury, Office of Information and
Regulatory Affairs, Washington, DC
20503, with copies to the Internal
Revenue Service, Attn: IRS Reports
Clearance Officer,
SE:W:CAR:MP:T:T:SP, Washington, DC
20224. Comments on the collection of
information should be received by
October 17, 2011. Comments are
specifically requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Internal Revenue Service, including
whether the information will have
practical utility;
The accuracy of the estimated burden
associated with the proposed collection
of information;
How the quality, utility, and clarity of
the information to be collected may be
enhanced;
How the burden of complying with
the proposed collection of information
may be minimized, including through
the application of automated collection
techniques or other forms of information
technology; and
Estimates of capital or start-up costs
of operation, maintenance, and
purchase of service to provide
information.
The collection of information in this
proposed regulation is in § 51.7. This
information is necessary to evaluate
whether an error report regarding a
preliminary fee calculation is valid and
justifies an adjustment to the
preliminary fee calculation. The likely
respondents are manufacturers and
importers of branded prescription drugs.
Estimated total annual reporting and/
or recordkeeping burden: 1800 hours.
Estimated annual burden per
respondent/recordkeeper: 40 hours.
Estimated number of respondents
and/or recordkeepers: 45.
Estimated frequency of responses:
Annually.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Background
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register add a new part,
part 51, to subchapter D, Miscellaneous
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Agencies
[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Proposed Rules]
[Pages 51308-51310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21020]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 424
Retail Food Store Advertising and Marketing Practices Rule
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Advance notice of proposed rulemaking; request for public
comment.
-----------------------------------------------------------------------
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 rule for ``Retail Food Store Advertising and Marketing
Practices'' (``Unavailability Rule'' or ``Rule'').
DATES: Comments must be received on or before October 19, 2011.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``16 CFR Part 424--
Retail Food Store Advertising Rule, Project No. P104203'' on your
comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/unavailabilityruleanpr, by following the
instructions on the web-based form. If you prefer to file your comment
on paper, mail or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex
N), 600 Pennsylvania Avenue, NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326-2984, Attorney,
Division of Enforcement, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Unavailability Rule states that it is an unfair or deceptive
act or practice for ``retail food stores'' to advertise ``food, grocery
products or other merchandise'' at a stated price if those stores do
not have the advertised products in stock and readily available to
consumers during the effective period of the advertisement. The
original Rule, promulgated in 1971,\1\ permitted food retailers to
defend against a charge of failure to have items available by
maintaining records showing that the advertised items were timely
ordered and delivered in quantities sufficient to meet reasonably
anticipated demand.\2\
---------------------------------------------------------------------------
\1\ Federal Trade Commission: Retail Food Store Advertising and
Marketing Practices: Statement of Basis and Purpose: The Rule, 36 FR
8777 (May 13, 1971). The Rule became effective on July 12, 1971.
\2\ Id. at 8781.
---------------------------------------------------------------------------
In 1989, after a comment period and public hearings, the Commission
concluded that the costs of complying with the original Rule exceeded
the benefits to consumers and amended the Rule.\3\ The Rule now
provides that even if stores do not have the advertised products in
stock and readily available during the effective period of their
advertisement, they comply with the Rule if ``the advertisement clearly
and adequately discloses that supplies of the advertised products are
limited or the advertised products are available only at some
outlets.'' \4\ In addition, the amendment provides that it would not be
a rule violation if: (1) The store ordered the advertised products in
adequate time for delivery in quantities
[[Page 51309]]
sufficient to meet reasonably anticipated demand; (2) the store offers
a ``raincheck'' for the advertised products; (3) the store offers a
comparable product at the advertised price or at a comparable price
reduction; or (4) the store offers other compensation at least equal to
the advertised value.\5\ The Commission stated that the amended Rule
``will not significantly reduce consumer protection because injury
caused by such instances of unexpected unavailability * * * will be
substantially mitigated by the amended Rule's requirement that
consumers be offered rainchecks or comparable substitute items.'' \6\
---------------------------------------------------------------------------
\3\ Federal Trade Commission: Amendment to Trade Regulation Rule
Concerning Retail Food Store Advertising and Marketing Practices, 54
FR 35456 (Aug. 28, 1989).
\4\ Id. at 35467.
\5\ Id. at 35467-35468.
\6\ Id. at 35457. Although the majority of the Commission voted
to amend the Rule, Commissioner Calvani dissented, stating that
``existing market forces adequately police unavailability, and * * *
therefore, no Federal Trade Commission rule is necessary, amended or
otherwise.'' Id. at 35468. Conversely, Commissioner Strenio
dissented, stating that there was ``insufficient evidence * * * to
conclude that these changes will result in net consumer benefits;''
thus, he could not support these amendments. Id.
---------------------------------------------------------------------------
II. Regulatory Review Program
The Commission reviews its rules and guides periodically. These
reviews seek information about the costs and benefits of the rules and
guides as well as their regulatory and economic impact. These reviews
assist the Commission in identifying rules and guides that warrant
modification or rescission. Therefore, the Commission now solicits
comments on, among other things, the economic impact of, and the
continuing need for, the Unavailability Rule; the benefits of the Rule
to consumers purchasing products at retail food stores; and the burdens
the Rule places on firms subject to its requirements.
III. Request for Comments
The Commission solicits comments on the following specific
questions related to the Unavailability Rule:
(1) Is there a continuing need for the Rule? Why or why not?
(2) What benefits has the Rule provided to consumers, or what
significant costs has the Rule imposed on consumers? Provide any
evidence that supports your position.
(3) What modifications, if any, should the Commission make to the
Rule to increase its benefits or reduce its costs to consumers?
(a) Provide any evidence that supports your proposed modifications.
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses, particularly small businesses?
(4) What impact has the Rule had on the flow of truthful
information to consumers and on the flow of deceptive information to
consumers? Provide any evidence that supports your position.
(5) What benefits, if any, has the Rule provided to businesses, or
what significant costs, including costs of compliance, has the Rule
imposed on businesses, particularly small businesses? Provide any
evidence that supports your position.
(6) What modifications, if any, should be made to the Rule to
increase its benefits or reduce its costs to businesses, particularly
small businesses?
(a) Provide any evidence that supports your proposed modifications.
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses, particularly small businesses?
(7) Provide any evidence concerning the degree of industry
compliance with the Rule. Does this evidence indicate that the Rule
should be modified? If so, why, and how? If not, why not?
(8) Provide any evidence concerning whether any of the Rule's
provisions are no longer necessary. Explain why these provisions are
unnecessary.
(9) What potentially unfair or deceptive practices, not covered by
the Rule, concerning price advertising of products by retail food
stores are occurring in the marketplace?
(a) Provide any evidence, such as empirical data, consumer
perception studies, or consumer complaints, that demonstrates the
extent of such practices.
(b) Provide any evidence that demonstrates whether such practices
cause consumer injury.
(c) With reference to such practices, should the Rule be modified?
If so, why, and how? If not, why not?
(10) Should the Commission broaden the Rule to include stores not
currently covered, such as drugstores, department stores, electronics
retailers, etc.? Provide any evidence that supports your position.
(11) What modifications, if any, should be made to the Rule to
account for current or impending changes in technology or economic
conditions?
(a) Provide any evidence that supports your position.
(b) How would these modifications affect the costs and benefits of
the Rule for consumers and businesses, particularly small businesses?
(12) Does the Rule overlap or conflict with other federal, state,
or local laws or regulations? If so, how?
(a) Provide any evidence that supports your position.
(b) With reference to the asserted conflicts, should the Rule be
modified? If so, why, and how? If not, why not?
(c) Provide any evidence concerning whether the Rule has assisted
in promoting national consistency with respect to the advertising by
retail food stores of products for sale at a stated price.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before October 19,
2011. Write ``16 CFR Part 424--Retail Food Store Advertising Rule,
Project No. P104203'' on your comment. Your comment--including your
name and your state--will be placed on the public record of this
proceeding, including, to the extent practicable, on the public
Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a
matter of discretion, the Commission tries to remove individuals' home
contact information from comments before placing them on the Commission
Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment doesn't include any
sensitive personal information, such as anyone'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. You are also
solely responsible for making sure that your comment doesn't include
any sensitive health information, like medical records or other
individually identifiable health information. In addition, don't
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 FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, don't
include competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR
[[Page 51310]]
4.9(c).\7\ Your comment will be kept confidential only if the FTC
General Counsel, in his or her sole discretion, grants your request in
accordance with the law and the public interest.
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\7\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/unavailabilityruleanpr, by following the instructions on the Web-
based form. If this Notice appears at https://www.regulations.gov/#!home, you also may file a comment through that Web site.
If you file your comment on paper, write ``16 CFR Part 424--Retail
Food Store Advertising Rule, Project No. P104203'' on your comment and
on the envelope, and mail or deliver it to the following address:
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex
N), 600 Pennsylvania Avenue, NW., Washington, DC 20580. If possible,
submit your paper comment to the Commission by courier or overnight
service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. 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 on or before October 19, 2011. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
List of Subjects in 16 CFR Part 424
Advertising, Foods, Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-21020 Filed 8-17-11; 8:45 am]
BILLING CODE 6750-01-P