Rules and Regulations Under the Textile Fiber Products Identification Act, 68690-68694 [2011-28631]

Download as PDF 68690 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules for specific types of ‘‘parts’’ and ‘‘components’’ controlled by ECCN 9A610.x. and identified in the supplement. List of Items Controlled Unit: $ value Related Controls: ‘‘Software’’ directly related to articles enumerated in USML Category VIII is subject to the control of USML paragraph VIII(i). See ECCN 0A919 for foreign made ‘‘military commodities’’ that incorporate more than 10% U.S.-origin ‘‘600 series’’ items. Related Definitions: N/A Items: a. ‘‘Software’’ (other than software controlled in paragraph .y of this entry) ‘‘specially designed’’ for the ‘‘development,’’ ‘‘production,’’ operation or maintenance of commodities controlled by ECCN 9A610 (except 9A610.l, .m, .n, or .y), ECCN 9B610 (except 9B610.c or .y), or ECCN 9C610 (except 9C610.y). b. ‘‘Software’’ (other than software controlled in paragraph .y of this entry) ‘‘specially designed’’ for the ‘‘development,’’ ‘‘production,’’ operation or maintenance of commodities controlled by ECCN 9A610.l, .m, or .n; or ECCN 9B610.c. c. Software’’ (other than software controlled in paragraph .y of this entry) ‘‘specially designed’’ for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhauling or refurbishing of commodities controlled by ECCN 9A610.l, .m, or .n; or ECCN 9B610.c d. to x. [RESERVED] y. Specific ‘‘software’’ ‘‘specially designed’’ for the ‘‘production,’’ ‘‘development,’’ or operation or maintenance of commodities enumerated in ECCN 9A610, 9B610, or 9C610, as follows: y.1. Specific ‘‘software’’ ‘‘specially designed’’ for the ‘‘production,’’ ‘‘development,’’ operation or maintenance of commodities enumerated in ECCN 9A610.y, 9B610.y, or 9C610.y. y.2 through y.98 [RESERVED] y.99. Software that would otherwise be controlled elsewhere in this entry but that (i) has been determined to be subject to the EAR in a commodity jurisdiction determination issued by the U.S. Department of State and (ii) is not otherwise identified elsewhere on the CCL. 21. In Supplement No. 1, Category 9, revise Export Control Classification Number 9E018 to read as follows: 9E018 Technology for the ‘‘use’’ of Equipment Controlled by 9A018. No items currently are in this ECCN. See ECCN 0E606 for technology related to the ground transport vehicles and unarmed allwheel drive vehicles that immediately prior to [Insert effective date of final rule that moves these vehicles] were classified under 9A018.b. See ECCN 9E610 for technology related to the aircraft, refuelers, ground equipment, parachute, harnesses, instrument flight trainers and parts and accessories and attachments for the forgoing that immediately prior to [Insert effective date of final rule that moves these items] were classified under 9A018.a, .c, .d, .e, or .f. 22. In Supplement No. 1, Category 9, add a new Export Control Classification Number 9E610 between Export Control Classification Numbers 9E102 and 9E990 to read as follows: 9E610 Technology ‘‘Required’’ for the ‘‘Development,’’ ‘‘Production,’’ Operation, Installation, Maintenance, Repair, Overhaul or Refurbishing of Military Aircraft and Related Commodities Controlled by 9A610, Equipment Controlled by 9B610, Materials Controlled by 9C610, or ‘‘Software’’ Controlled by 9D610 as Follows (See List of Items Controlled). License Requirements Reason for Control: NS, RS, MT, AT Control(s) Country chart NS applies to technology as described in paragraph .a of this entry for commodities and software that are controlled for NS reasons in ECCNs 9A610, 9B610, 9C610 or 9D610. RS applies to technology as described in paragraph .a of this entry for commodities and software controlled for RS reasons in 9A610, 9B610, 9C610 or 9D610. MT applies to technology as described in paragraph .a of this entry for commodities and software controlled for MT reasons in ECCNs 9A610, 9B610 or 9D610. AT applies to entire entry .......................................................................................................................................................... License Exceptions srobinson on DSK4SPTVN1PROD with PROPOSALS CIV: N/A TSR: N/A STA: Paragraph (c)(2) of License Exception STA (§ 740.20(c)(2)) of the EAR may not be used for any technology in 9E610. Note to License Exceptions Section: Supplement No. 4 to part 740 limits use of License Exceptions GOV (other than those provisions authorizing exports and reexports to personnel and agencies for the US government) and STA with respect to ‘‘development’’ and ‘‘production’’ ‘‘technology’’ for specific types of ‘‘parts’’ and ‘‘components’’ controlled by ECCN 9A610.x. and identified in the supplement other than ‘‘build-to-print technology.’’ List of Items Controlled Unit: $ value Related Controls: Technical data directly related to articles enumerated in USML Category VIII are subject to the control of USML paragraph VIII(i). See ECCN 0A919 for foreign made ‘‘military commodities’’ that incorporate more than 10% U.S.-origin ‘‘600 series’’ items. Related Definitions: N/A Items: a. ‘‘Technology’’ (other than technology controlled by paragraph .y of this entry) VerDate Mar<15>2010 17:46 Nov 04, 2011 Jkt 226001 ‘‘required’’ for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing of commodities or software controlled by ECCN 9A610, 9B610, 9C610 or 9D610. b. through x. [RESERVED] y. Specific ‘‘technology’’ ‘‘required’’ for the ‘‘production,’’ ‘‘development,’’ operation, installation, maintenance, repair, or overhaul of commodities enumerated in ECCN 9A610, 9B610, 9C610, or 9D610, as follows: y.1. Specific ‘‘technology’’ ‘‘required’’ for the ‘‘production,’’ ‘‘development,’’ operation, installation, maintenance, repair or overhaul of commodities enumerated in ECCN 9A610.y, 9B610.y, 9C610.y, or 9D610.y. y.2. through y.98 [RESERVED] y.99. ‘‘Technology’’ that would otherwise be controlled elsewhere in this entry but that (i) has been determined to be subject to the EAR in a commodity jurisdiction determination issued by the U.S. Department of State and (ii) is not otherwise identified elsewhere on the CCL. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 NS Column 1. RS Column 1. MT Column 1. AT Column 1. Dated: October 28, 2011. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2011–28504 Filed 11–4–11; 8:45 am] BILLING CODE 3510–33–P FEDERAL TRADE COMMISSION 16 CFR Part 303 Rules and Regulations Under the Textile Fiber Products Identification Act Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Advance notice of proposed rulemaking; request for public comment. AGENCY: The Commission systematically reviews all its rules and guides to ensure that they continue to achieve their intended purpose without unduly burdening commerce. As part of this systematic review, the Commission requests public comment on the overall SUMMARY: E:\FR\FM\07NOP1.SGM 07NOP1 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules costs, benefits, necessity, and regulatory and economic impact of the FTC’s Rules and Regulations pursuant to the Textile Fiber Products Identification Act. The Commission specifically requests comment on whether it should: Modify the provision addressing generic fiber names so that the reference to the international standard for manufactured fibers reflects the updated standard; clarify the provisions addressing textile products containing elastic material and ‘‘trimmings’’; address the use of multiple languages in making required disclosures; clarify disclosure requirements applicable to written advertising, including Internet advertising; clarify or revise the list of exclusions from the Textile Fiber Products Identification Act; add or clarify definitions of terms set forth in the Rules; and modify its consumer and business education materials and continue printing paper copies of these materials. In addition, the Commission seeks comment on: the benefits and costs of the requirement of the Textile Fiber Products Identification Act that, under certain circumstances, businesses use identification issued by the FTC; and the extent to which retailers obtain guarantees and continuing guarantees for textile products and whether the extent or manner of importation indicates that the guarantee provisions of the Act and Rules should be modified. Comments must be received on or before January 3, 2012. DATES: 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 ‘‘Textile Rules, 16 CFR Part 303, Project No. P948404’’ on your comment, and file your comment online at https://ftcpublic.commentworks.com/ ftc/textilerulesanpr 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 G), 600 Pennsylvania Avenue NW., Washington, DC 20580. srobinson on DSK4SPTVN1PROD with PROPOSALS ADDRESSES: FOR FURTHER INFORMATION CONTACT: Robert M. Frisby, Attorney, (202) 326– 2098, or Edwin Rodriguez, Attorney, (202) 326–3147, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:46 Nov 04, 2011 Jkt 226001 I. Background The Textile Fiber Products Identification Act (‘‘Textile Act’’), 15 U.S.C. 70–70k, requires marketers to attach a label to each covered textile product disclosing: (1) The generic names and percentages by weight of the constituent fibers in the product; (2) the name under which the manufacturer or other responsible company does business or, in lieu thereof, the registered identification number (‘‘RN number’’) of such company; and (3) the name of the country where the product was processed or manufactured. The Textile Act also contains advertising and record-keeping provisions. Section 7(c) of the Textile Act authorizes the Commission to ‘‘make such rules and regulations, including the establishment of generic names of manufactured fibers * * * as may be necessary and proper for administration and enforcement.’’ 15 U.S.C. 70e(c). Pursuant to the Textile Act, the Commission promulgated the Rules and Regulations Under the Textile Fiber Products Identification Act (‘‘Textile Rules’’ or ‘‘Rules’’), 16 CFR Part 303. The Commission completed its last review of the Rules in 1998, and modified the Rules nine times during the period 1998 to 2009. Specifically, as a result of the 1998 review, the Commission, among other things, streamlined the labeling requirements and approved additional generic fiber names through the incorporation of ISO 2076: 1998, ‘‘Textiles—Man-made fibres—Generic Names’’ in Section 303.7.1 Later in 1998, the Commission amended the Rules to update Commission addresses.2 In 2000, it amended the Rules to revise the RN number application process, to reference an updated version of ISO 2076 (ISO 2076: 1999(E)—the standard currently set forth in Section 303.7), and to clarify the country-of-origin disclosure requirements.3 In 2005, the Commission amended the Rules to implement changes mandated by Congress to the country-of-origin disclosure requirements for socks.4 In 1 Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act, the Wool Products Labeling Act, and the Fur Products Labeling Act: Final Rule, 63 FR 7508 (Feb. 13, 1998). 2 Federal Trade Commission: Miscellaneous Rules: Final Rule, 63 FR 71582 (Dec. 29, 1998). 3 Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act; Rules and Regulations Under the Wool Products Labeling Act of 1939, Final Rule, 65 FR 75154 (Dec. 1, 2000). 4 Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act: Final Rule, 70 FR 73369 (Dec. 12, 2005). PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 68691 addition, during the 1998–2009 period, the Commission amended the Rules five times in response to petitions from textile fiber manufacturers to recognize new generic fiber names or subclasses thereof.5 II. Regulatory Review Program Since 1992, the Commission’s regulatory review program has systematically reviewed Commission regulations to ensure that they continue to achieve their intended goals without unduly burdening commerce. The Commission schedules its regulations and guides for review on a ten-year cycle; i.e., all rules and guides are scheduled to be reviewed ten years after implementation and ten years after the completion of each review. The Commission publishes this schedule annually, with adjustments in response to public input, changes in the marketplace, and resource demands.6 When the Commission reviews a rule or guide, it publishes a notice in the Federal Register seeking public comment on the continuing need of the rule or guide as well as its costs and benefits to consumers and businesses. Based on this feedback, the Commission may modify or repeal the rule or guide to address public concerns or changed conditions, or to reduce undue regulatory burden. Therefore, the Commission now solicits comments on, among other things, the economic impact of, and the continuing need for, the Textile Rules; the benefits of the Rules to consumers purchasing products covered by them; and the burdens the Rules place on businesses.7 5 Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act: Final Rule, 63 FR 36171 (Jul. 2, 1998) (new generic fiber names ‘‘melamine’’ and ‘‘fluoropolymer’’); Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act: Final Rule, 67 FR 4901 (Feb. 1, 2002) (new generic fiber name ‘‘PLA’’); Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act: Final Rule, 67 FR 70835 (Nov. 27, 2002) (new generic fiber name ‘‘elasterell-p’’ as subclass of generic fiber name ‘‘polyester’’); Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act: Final Rule, 68 FR 3813 (Jan. 27, 2003) (new generic fiber name ‘‘lastol’’ as subclass of generic fiber name ‘‘olefin’’); Federal Trade Commission: Rules and Regulations Under the Textile Fiber Products Identification Act: Final Rule, 74 FR 13099 (Mar. 26, 2009) (new generic fiber name ‘‘triexta’’ as subclass of generic fiber name ‘‘polyester’’). 6 Federal Trade Commission: Notice Announcing Ten-year Regulatory Review Schedule and Request for Public Comment on the Federal Trade Commission’s Regulatory Review Program, 76 FR 41150 (Jul. 13, 2011). 7 See questions 1 through 12 in Section IV below. E:\FR\FM\07NOP1.SGM 07NOP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 68692 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules III. Specific Issues of Interest to the Commission As part of this process, the Commission seeks comment on several specific issues stemming from informal inquiries received by Commission staff. These inquiries suggest that clarification or modification of certain Rule provisions, as well as the Commission’s consumer and business education materials explaining them, could improve industry and consumer understanding of the requirements of the Textile Act and the Rules or otherwise improve the Rules. Such improvements could foster greater compliance with the Rules and help the FTC implement the Textile Act more effectively. These issues are explained below. First, the International Standards Organization developed ISO 2076: 2010, an updated version of ISO 2076: 1999(E), ‘‘Textiles—Man-made fibres— Generic Names,’’ referenced in Section 303.7. This development may warrant modifying Section 303.7 to incorporate the updated version of ISO 2076. Second, inquiries regarding the disclosure requirements for products containing elastic material and trimmings suggest a possible need to clarify Sections 303.10 and 303.12 of the Rules.8 For example, Section 303.10 requires disclosure of elastic material fiber content, yet Section 303.12 states that trimmings (for which the disclosure requirements do not apply) may include elastic material added to a product in minor proportion for holding, reinforcing or similar structural purposes. The Rules do not define or elaborate on the term ‘‘minor proportion.’’ In addition, Section 303.12 lists product components or parts that may qualify as trim without otherwise defining the term ‘‘trimmings.’’ Third, inquiries regarding the disclosure of fiber content percentages in multiple languages also suggest a possible need to clarify the Rules. Section 303.4 requires label disclosures in English. Labels may include disclosures in other languages; however, Section 303.16(c) provides that such ‘‘non-required’’ information ‘‘shall not minimize, detract from, or conflict with required information and shall not be false, deceptive, or misleading.’’ Commission staff have received reports that some labels provide fiber content information in English plus other languages. The Commission seeks 8 Section 303.1(n) defines ‘‘elastic material’’ as a fabric composed of yarn consisting of an elastomer or a covered elastomer. The Textile Act does not apply to trimmings, 15 U.S.C. 70j(a)(5), but does not define the term. VerDate Mar<15>2010 17:46 Nov 04, 2011 Jkt 226001 comment on the voluntary practice of disclosing required information in multiple languages. In particular, the Commission seeks comment on whether voluntary multilingual labeling practices cause consumer confusion, and if so, how to avoid such confusion while providing the benefits of disclosures in multiple languages. Fourth, inquiries regarding the disclosure requirements applicable to written advertising, including Internet advertising,9 set forth in Sections 303.41 and 303.42, suggest a possible need for clarification. For example, the Rules do not require the disclosure of fiber content percentages in advertising but perhaps could state this more clearly.10 Fifth, inquiries regarding whether the Textile Act and Rules apply to certain products suggest a possible need to clarify Section 303.45. That section excludes all textile fiber products from the operation of the Textile Act except for those products specifically listed as covered under the Rules.11 The Commission’s education materials provide additional guidance on the Rules’ coverage by identifying specific items that fall into product categories covered by the Textile Act and Rules, such as ‘‘bedding’’ and ‘‘floor coverings,’’ and by identifying specific items not covered by the Textile Act and Rules.12 The Commission is considering 9 Internet advertisers must comply with the Rules’ advertising disclosure requirements. In 2009, the Commission announced four law enforcement actions involving the use of the word ‘‘bamboo’’ in lieu of the generic fiber name ‘‘rayon’’ in Internet advertising for textile products, in violation of the Textile Rules. See https://www.ftc.gov/opa/2009/08/ bamboo.shtm. Last year, the Commission sent warning letters to 78 retailers of textile products, including many on-line marketers, addressing the use of ‘‘bamboo’’ in lieu of the generic fiber name ‘‘rayon.’’ See https://www.ftc.gov/opa/2010/02/ bamboo.shtm. 10 The Textile Act addresses this issue clearly. It requires disclosure of fiber content information in certain advertising, ‘‘except that the percentages of the fiber present in the textile fiber product need not be stated.’’ 15 U.S.C. 70b(c). 11 The Textile Act and Rules apply to textile fiber products with certain exceptions. Covered products include household textile articles made from yarn or fabric and fibers used or intended for use in such articles. The Textile Act provides that the term ‘‘household textile articles’’ means articles of wearing apparel, costumes and accessories, draperies, floor coverings, furnishings, beddings, and other textile goods of a type customarily used in a household regardless of where used in fact. See 15 U.S.C. 70(g) and (h). Thus, whether the Textile Act and Rules apply to a particular textile product may depend in part on whether it is customarily used in a household. In addition, the Commission has authority to exclude products which have an insignificant or inconsequential textile fiber content and products for which a fiber content disclosure is unnecessary to protect the ultimate consumer. See 15 U.S.C. 70j(b). 12 See ‘‘Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts’’ at https://business.ftc.gov/documents/bus21- PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 clarifying or modifying the Rules to indicate with greater specificity the products either covered by or excluded from the requirements of the Textile Act and Rules. Sixth, the Rules include a number of undefined textile-related terms. The Commission seeks comment on whether it needs to add or clarify any definitions. Seventh, the Commission seeks comment on whether it needs to clarify or otherwise modify its consumer and business education materials addressing the Rules. It also seeks comment on whether it should continue to print paper copies of its consumer and business education materials. In addition, the Commission seeks comment on the benefits and costs of the Textile Act requirement that businesses identify themselves on labels using either their names or identifiers issued by the FTC (i.e., RN numbers).13 Specifically, the Commission seeks comment on whether allowing alternative identifiers, such as numbers issued by other nations (e.g., Canadian CA numbers), would benefit businesses without imposing costs on consumers and law enforcement that outweigh those benefits.14 Finally, the Commission seeks comment on the extent to which retailers obtain guarantees and continuing guarantees. It also seeks comment on the costs of obtaining guarantees for textile products and whether changes in the extent and manner of importation indicate that the guarantee provisions of the Act and Rules should be modified. IV. Request for Comment The Commission solicits comments on the following specific questions related to the Textile 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, or what significant costs have the Rules imposed on, consumers? Provide any evidence supporting your position. (3) What modifications, if any, should the Commission make to the Rules to increase their benefits or reduce their costs to consumers? (a) Provide any evidence supporting your proposed modifications. (b) How would these modifications affect the costs and benefits of the Rules threading-your-way-through-labeling-requirementsunder-textile-and-wool-acts. 13 See 15 U.S.C. 70b(b)(3). 14 See questions 13 through 23 in Section IV below. E:\FR\FM\07NOP1.SGM 07NOP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules for consumers and businesses, particularly small businesses? (4) What impact have the Rules had in promoting the flow of truthful information to consumers and preventing the flow of deceptive information to consumers? Provide any evidence supporting your position. (5) What benefits, if any, have the Rules provided to, or what significant costs, including costs of compliance, have the Rules imposed on businesses, particularly small businesses? Provide any evidence supporting your position. (6) What modifications, if any, should be made to the Rules to increase their benefits or reduce their costs to businesses, particularly small businesses? (a) Provide any evidence supporting your proposed modifications. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (7) Provide any evidence 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? (8) Provide any evidence concerning whether any of the Rules’ provisions are no longer necessary. Explain why these provisions are unnecessary. (9) What potentially unfair or deceptive practices concerning textile labeling, not covered by the Rules, are occurring in the marketplace? (a) Provide any evidence, such as empirical data, consumer perception studies, or consumer complaints, demonstrating the extent of such practices. (b) Provide any evidence demonstrating whether such practices cause consumer injury. (c) With reference to such practices, should the Rules be modified? If so, why and how? If not, why not? (10) What modifications, if any, should be made to the Rules to account for current or impending changes in technology or economic conditions? (a) Provide any evidence supporting the proposed modifications. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (11) Do the Rules overlap or conflict with other Federal, state, or local laws or rules, such as those enforced by U.S. Customs and Border Protection? If so, how? (a) Provide any evidence supporting your position. (b) With reference to the asserted conflicts, should the Rules be modified? If so, why and how? If not, why not? VerDate Mar<15>2010 17:46 Nov 04, 2011 Jkt 226001 (c) Provide any evidence concerning whether the Rules have assisted in promoting national consistency with respect to textile labeling and advertising. (12) Are there foreign or international laws, regulations, or standards with respect to textile labeling or advertising 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 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? (c) Provide any evidence supporting your position. (13) Should the Commission modify Section 303.7 to address the development of ISO 2076: 2010, ‘‘Textiles—Man-made fibres—Generic names,’’ an updated version of ISO 2076: 1999(E), ‘‘Textiles—Man-made fibres—Generic Names,’’ referenced in Section 303.7? If so, why and how? If not, why not? (a) Provide any evidence supporting your position. (b) How would the modification affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (14) Should the Commission modify Section 303.1(n), 303.10, or 303.12 to clarify the disclosure requirements relating to products containing elastic material? If so, why and how? If not, why not? (a) Provide any evidence supporting your position. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (15) Should the Commission modify Section 303.12 to revise the description and list of examples of ‘‘trimmings’’? If so, why and how? If not, why not? (a) Provide any evidence supporting your position. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (16) Should the Commission modify Section 303.16(c) or consider any additional measures regarding nonrequired information such as the voluntary use of multilingual labels? In particular, do multilingual labels pose the potential to confuse consumers and, if so, how could such confusion be avoided while providing the benefits of disclosures in multiple languages? PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 68693 (a) Provide any evidence supporting your position. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (17) Should the Commission modify Section 303.41 or 303.42 to clarify or otherwise revise the disclosure requirements applicable to written advertising, including Internet advertising? If so, why and how? If not, why not? (a) Provide any evidence supporting your position. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (18) Should the Commission modify Section 303.45 to clarify or otherwise revise the list of exclusions from the Textile Act and Rules? If so, why and how? If not, why not? (a) Provide any evidence supporting your position. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (19) Should the Commission modify the Rules to add or clarify definitions of terms set forth in the Rules? If so, why and how? If not, why not? (a) Provide any evidence supporting your position. (b) How would these modifications affect the costs and benefits of the Rules for consumers and businesses, particularly small businesses? (20) Is our business compliance guidance and consumer education about the Rules useful? Can it be improved? If so, how? (a) Should the Commission consider consumer education or other measures to help non-English-speaking consumers obtain the information that must be disclosed under the Textile Act and Rules? (b) Should the Commission print copies of consumer education materials, or is a pdf at https:// www.business.ftc.gov sufficient for your needs? (21) Regarding the Textile Act requirement in 15 U.S.C. 70b(b)(3) that businesses identify themselves on labels using either their names or identifiers issued by the FTC, what are the benefits and costs of allowing businesses to use alternative identifiers, such as numbers issued by other nations? Provide any evidence supporting your position. (22) To what extent do retailers obtain valid separate or continuing guarantees that comply with the requirements of the Textile Act and Rules, i.e. guarantees signed by a person residing E:\FR\FM\07NOP1.SGM 07NOP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 68694 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules in the United States and, in the case of continuing guarantees, signed under the penalty of perjury? (a) Do retailers who obtain such guarantees obtain them for all, most, some, or few of the textile products they sell? (b) Why do retailers decline to obtain such guarantees? (c) Have changes in technology, such as the use of electronic documents, affected the ability of retailers to obtain valid separate or continuing guarantees? If so, why and how? If not, why not? (d) Provide any evidence concerning the extent to which retailers obtain such guarantees and the reasons why retailers decline to obtain them. (23) What proportion of textile products sold in the U.S. are imported? What proportion of imported products are imported directly by retailers? What proportion are imported by businesses located in the United States for resale or distribution to retailers? How have these proportions changed since the Textile Act and Rules became effective? (a) Have changes in the extent or manner in which textile products are imported affected the ability of retailers to obtain valid separate or continuing guarantees? If so, does the ability of retailers to obtain such guarantees differ depending on whether the textile products are imported directly by retailers versus imported by businesses for resale or distribution to retailers? (b) Provide any evidence concerning the costs of obtaining valid guarantees for imported textile products and the impact of such costs on the ability of retailers to obtain valid guarantees. (c) Do changes in the extent or manner in which textile products are imported indicate that the Textile Act and Rules should be modified? If so, why and how? If not, why not? You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before January 3, 2012. Write ‘‘Textile Rules, 16 CFR Part 303, Project No. P948404’’ 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 VerDate Mar<15>2010 17:46 Nov 04, 2011 Jkt 226001 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 must follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).15 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/ textilerulesanpr 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 ‘‘Textile Rules, 16 CFR Part 303, Project No. P948404’’ 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 G), 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 15 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). PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 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 January 3, 2012. 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 303 Advertising, Labeling, Recordkeeping, Textile fiber products. Authority: 15 U.S.C. 70 et seq. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2011–28631 Filed 11–4–11; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF STATE 22 CFR Part 121 RIN 1400–AC96 [Public Notice: [ 7673]] Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category VIII Department of State. Proposed rule. AGENCY: ACTION: As part of the President’s Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Category VIII (aircraft and related articles) of the U.S. Munitions List (USML) to describe more precisely the military aircraft and related defense articles warranting control on the USML. DATES: The Department of State will accept comments on this proposed rule until December 22, 2011. ADDRESSES: Interested parties may submit comments within 45 days of the date of publication by one of the following methods: • E-mail: DDTCResponseTeam@state.gov with the subject line, ‘‘ITAR Amendments— Category VIII. • Internet: At https:// www.regulations.gov, search for this notice by using this rule’s RIN (1400– AC96). Comments received after that date will be considered if feasible, but consideration cannot be assured. All comments (including any personally identifying information or information for which a claim of confidentiality is SUMMARY: E:\FR\FM\07NOP1.SGM 07NOP1

Agencies

[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Proposed Rules]
[Pages 68690-68694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28631]


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FEDERAL TRADE COMMISSION

16 CFR Part 303


Rules and Regulations Under the Textile Fiber Products 
Identification Act

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

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

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SUMMARY: The Commission systematically reviews all its rules and guides 
to ensure that they continue to achieve their intended purpose without 
unduly burdening commerce. As part of this systematic review, the 
Commission requests public comment on the overall

[[Page 68691]]

costs, benefits, necessity, and regulatory and economic impact of the 
FTC's Rules and Regulations pursuant to the Textile Fiber Products 
Identification Act. The Commission specifically requests comment on 
whether it should: Modify the provision addressing generic fiber names 
so that the reference to the international standard for manufactured 
fibers reflects the updated standard; clarify the provisions addressing 
textile products containing elastic material and ``trimmings''; address 
the use of multiple languages in making required disclosures; clarify 
disclosure requirements applicable to written advertising, including 
Internet advertising; clarify or revise the list of exclusions from the 
Textile Fiber Products Identification Act; add or clarify definitions 
of terms set forth in the Rules; and modify its consumer and business 
education materials and continue printing paper copies of these 
materials. In addition, the Commission seeks comment on: the benefits 
and costs of the requirement of the Textile Fiber Products 
Identification Act that, under certain circumstances, businesses use 
identification issued by the FTC; and the extent to which retailers 
obtain guarantees and continuing guarantees for textile products and 
whether the extent or manner of importation indicates that the 
guarantee provisions of the Act and Rules should be modified.

DATES: Comments must be received on or before January 3, 2012.

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 ``Textile Rules, 16 CFR 
Part 303, Project No. P948404'' on your comment, and file your comment 
online at https://ftcpublic.commentworks.com/ftc/textilerulesanpr 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 G), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Robert M. Frisby, Attorney, (202) 326-
2098, or Edwin Rodriguez, Attorney, (202) 326-3147, Division of 
Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 
600 Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The Textile Fiber Products Identification Act (``Textile Act''), 15 
U.S.C. 70-70k, requires marketers to attach a label to each covered 
textile product disclosing: (1) The generic names and percentages by 
weight of the constituent fibers in the product; (2) the name under 
which the manufacturer or other responsible company does business or, 
in lieu thereof, the registered identification number (``RN number'') 
of such company; and (3) the name of the country where the product was 
processed or manufactured. The Textile Act also contains advertising 
and record-keeping provisions.
    Section 7(c) of the Textile Act authorizes the Commission to ``make 
such rules and regulations, including the establishment of generic 
names of manufactured fibers * * * as may be necessary and proper for 
administration and enforcement.'' 15 U.S.C. 70e(c). Pursuant to the 
Textile Act, the Commission promulgated the Rules and Regulations Under 
the Textile Fiber Products Identification Act (``Textile Rules'' or 
``Rules''), 16 CFR Part 303.
    The Commission completed its last review of the Rules in 1998, and 
modified the Rules nine times during the period 1998 to 2009. 
Specifically, as a result of the 1998 review, the Commission, among 
other things, streamlined the labeling requirements and approved 
additional generic fiber names through the incorporation of ISO 2076: 
1998, ``Textiles--Man-made fibres--Generic Names'' in Section 303.7.\1\ 
Later in 1998, the Commission amended the Rules to update Commission 
addresses.\2\ In 2000, it amended the Rules to revise the RN number 
application process, to reference an updated version of ISO 2076 (ISO 
2076: 1999(E)--the standard currently set forth in Section 303.7), and 
to clarify the country-of-origin disclosure requirements.\3\ In 2005, 
the Commission amended the Rules to implement changes mandated by 
Congress to the country-of-origin disclosure requirements for socks.\4\ 
In addition, during the 1998-2009 period, the Commission amended the 
Rules five times in response to petitions from textile fiber 
manufacturers to recognize new generic fiber names or subclasses 
thereof.\5\
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    \1\ Federal Trade Commission: Rules and Regulations Under the 
Textile Fiber Products Identification Act, the Wool Products 
Labeling Act, and the Fur Products Labeling Act: Final Rule, 63 FR 
7508 (Feb. 13, 1998).
    \2\ Federal Trade Commission: Miscellaneous Rules: Final Rule, 
63 FR 71582 (Dec. 29, 1998).
    \3\ Federal Trade Commission: Rules and Regulations Under the 
Textile Fiber Products Identification Act; Rules and Regulations 
Under the Wool Products Labeling Act of 1939, Final Rule, 65 FR 
75154 (Dec. 1, 2000).
    \4\ Federal Trade Commission: Rules and Regulations Under the 
Textile Fiber Products Identification Act: Final Rule, 70 FR 73369 
(Dec. 12, 2005).
    \5\ Federal Trade Commission: Rules and Regulations Under the 
Textile Fiber Products Identification Act: Final Rule, 63 FR 36171 
(Jul. 2, 1998) (new generic fiber names ``melamine'' and 
``fluoropolymer''); Federal Trade Commission: Rules and Regulations 
Under the Textile Fiber Products Identification Act: Final Rule, 67 
FR 4901 (Feb. 1, 2002) (new generic fiber name ``PLA''); Federal 
Trade Commission: Rules and Regulations Under the Textile Fiber 
Products Identification Act: Final Rule, 67 FR 70835 (Nov. 27, 2002) 
(new generic fiber name ``elasterell-p'' as subclass of generic 
fiber name ``polyester''); Federal Trade Commission: Rules and 
Regulations Under the Textile Fiber Products Identification Act: 
Final Rule, 68 FR 3813 (Jan. 27, 2003) (new generic fiber name 
``lastol'' as subclass of generic fiber name ``olefin''); Federal 
Trade Commission: Rules and Regulations Under the Textile Fiber 
Products Identification Act: Final Rule, 74 FR 13099 (Mar. 26, 2009) 
(new generic fiber name ``triexta'' as subclass of generic fiber 
name ``polyester'').
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II. Regulatory Review Program

    Since 1992, the Commission's regulatory review program has 
systematically reviewed Commission regulations to ensure that they 
continue to achieve their intended goals without unduly burdening 
commerce. The Commission schedules its regulations and guides for 
review on a ten-year cycle; i.e., all rules and guides are scheduled to 
be reviewed ten years after implementation and ten years after the 
completion of each review. The Commission publishes this schedule 
annually, with adjustments in response to public input, changes in the 
marketplace, and resource demands.\6\
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    \6\ Federal Trade Commission: Notice Announcing Ten-year 
Regulatory Review Schedule and Request for Public Comment on the 
Federal Trade Commission's Regulatory Review Program, 76 FR 41150 
(Jul. 13, 2011).
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    When the Commission reviews a rule or guide, it publishes a notice 
in the Federal Register seeking public comment on the continuing need 
of the rule or guide as well as its costs and benefits to consumers and 
businesses. Based on this feedback, the Commission may modify or repeal 
the rule or guide to address public concerns or changed conditions, or 
to reduce undue regulatory burden. Therefore, the Commission now 
solicits comments on, among other things, the economic impact of, and 
the continuing need for, the Textile Rules; the benefits of the Rules 
to consumers purchasing products covered by them; and the burdens the 
Rules place on businesses.\7\
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    \7\ See questions 1 through 12 in Section IV below.

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[[Page 68692]]

III. Specific Issues of Interest to the Commission

    As part of this process, the Commission seeks comment on several 
specific issues stemming from informal inquiries received by Commission 
staff. These inquiries suggest that clarification or modification of 
certain Rule provisions, as well as the Commission's consumer and 
business education materials explaining them, could improve industry 
and consumer understanding of the requirements of the Textile Act and 
the Rules or otherwise improve the Rules. Such improvements could 
foster greater compliance with the Rules and help the FTC implement the 
Textile Act more effectively. These issues are explained below.
    First, the International Standards Organization developed ISO 2076: 
2010, an updated version of ISO 2076: 1999(E), ``Textiles--Man-made 
fibres--Generic Names,'' referenced in Section 303.7. This development 
may warrant modifying Section 303.7 to incorporate the updated version 
of ISO 2076.
    Second, inquiries regarding the disclosure requirements for 
products containing elastic material and trimmings suggest a possible 
need to clarify Sections 303.10 and 303.12 of the Rules.\8\ For 
example, Section 303.10 requires disclosure of elastic material fiber 
content, yet Section 303.12 states that trimmings (for which the 
disclosure requirements do not apply) may include elastic material 
added to a product in minor proportion for holding, reinforcing or 
similar structural purposes. The Rules do not define or elaborate on 
the term ``minor proportion.'' In addition, Section 303.12 lists 
product components or parts that may qualify as trim without otherwise 
defining the term ``trimmings.''
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    \8\ Section 303.1(n) defines ``elastic material'' as a fabric 
composed of yarn consisting of an elastomer or a covered elastomer. 
The Textile Act does not apply to trimmings, 15 U.S.C. 70j(a)(5), 
but does not define the term.
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    Third, inquiries regarding the disclosure of fiber content 
percentages in multiple languages also suggest a possible need to 
clarify the Rules. Section 303.4 requires label disclosures in English. 
Labels may include disclosures in other languages; however, Section 
303.16(c) provides that such ``non-required'' information ``shall not 
minimize, detract from, or conflict with required information and shall 
not be false, deceptive, or misleading.'' Commission staff have 
received reports that some labels provide fiber content information in 
English plus other languages. The Commission seeks comment on the 
voluntary practice of disclosing required information in multiple 
languages. In particular, the Commission seeks comment on whether 
voluntary multilingual labeling practices cause consumer confusion, and 
if so, how to avoid such confusion while providing the benefits of 
disclosures in multiple languages.
    Fourth, inquiries regarding the disclosure requirements applicable 
to written advertising, including Internet advertising,\9\ set forth in 
Sections 303.41 and 303.42, suggest a possible need for clarification. 
For example, the Rules do not require the disclosure of fiber content 
percentages in advertising but perhaps could state this more 
clearly.\10\
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    \9\ Internet advertisers must comply with the Rules' advertising 
disclosure requirements. In 2009, the Commission announced four law 
enforcement actions involving the use of the word ``bamboo'' in lieu 
of the generic fiber name ``rayon'' in Internet advertising for 
textile products, in violation of the Textile Rules. See https://www.ftc.gov/opa/2009/08/bamboo.shtm. Last year, the Commission sent 
warning letters to 78 retailers of textile products, including many 
on-line marketers, addressing the use of ``bamboo'' in lieu of the 
generic fiber name ``rayon.'' See https://www.ftc.gov/opa/2010/02/bamboo.shtm.
    \10\ The Textile Act addresses this issue clearly. It requires 
disclosure of fiber content information in certain advertising, 
``except that the percentages of the fiber present in the textile 
fiber product need not be stated.'' 15 U.S.C. 70b(c).
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    Fifth, inquiries regarding whether the Textile Act and Rules apply 
to certain products suggest a possible need to clarify Section 303.45. 
That section excludes all textile fiber products from the operation of 
the Textile Act except for those products specifically listed as 
covered under the Rules.\11\ The Commission's education materials 
provide additional guidance on the Rules' coverage by identifying 
specific items that fall into product categories covered by the Textile 
Act and Rules, such as ``bedding'' and ``floor coverings,'' and by 
identifying specific items not covered by the Textile Act and 
Rules.\12\ The Commission is considering clarifying or modifying the 
Rules to indicate with greater specificity the products either covered 
by or excluded from the requirements of the Textile Act and Rules.
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    \11\ The Textile Act and Rules apply to textile fiber products 
with certain exceptions. Covered products include household textile 
articles made from yarn or fabric and fibers used or intended for 
use in such articles. The Textile Act provides that the term 
``household textile articles'' means articles of wearing apparel, 
costumes and accessories, draperies, floor coverings, furnishings, 
beddings, and other textile goods of a type customarily used in a 
household regardless of where used in fact. See 15 U.S.C. 70(g) and 
(h). Thus, whether the Textile Act and Rules apply to a particular 
textile product may depend in part on whether it is customarily used 
in a household. In addition, the Commission has authority to exclude 
products which have an insignificant or inconsequential textile 
fiber content and products for which a fiber content disclosure is 
unnecessary to protect the ultimate consumer. See 15 U.S.C. 70j(b).
    \12\ See ``Threading Your Way Through the Labeling Requirements 
Under the Textile and Wool Acts'' at https://business.ftc.gov/documents/bus21-threading-your-way-through-labeling-requirements-under-textile-and-wool-acts.
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    Sixth, the Rules include a number of undefined textile-related 
terms. The Commission seeks comment on whether it needs to add or 
clarify any definitions.
    Seventh, the Commission seeks comment on whether it needs to 
clarify or otherwise modify its consumer and business education 
materials addressing the Rules. It also seeks comment on whether it 
should continue to print paper copies of its consumer and business 
education materials.
    In addition, the Commission seeks comment on the benefits and costs 
of the Textile Act requirement that businesses identify themselves on 
labels using either their names or identifiers issued by the FTC (i.e., 
RN numbers).\13\ Specifically, the Commission seeks comment on whether 
allowing alternative identifiers, such as numbers issued by other 
nations (e.g., Canadian CA numbers), would benefit businesses without 
imposing costs on consumers and law enforcement that outweigh those 
benefits.\14\
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    \13\ See 15 U.S.C. 70b(b)(3).
    \14\ See questions 13 through 23 in Section IV below.
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    Finally, the Commission seeks comment on the extent to which 
retailers obtain guarantees and continuing guarantees. It also seeks 
comment on the costs of obtaining guarantees for textile products and 
whether changes in the extent and manner of importation indicate that 
the guarantee provisions of the Act and Rules should be modified.

IV. Request for Comment

    The Commission solicits comments on the following specific 
questions related to the Textile 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, or what significant 
costs have the Rules imposed on, consumers? Provide any evidence 
supporting your position.
    (3) What modifications, if any, should the Commission make to the 
Rules to increase their benefits or reduce their costs to consumers?
    (a) Provide any evidence supporting your proposed modifications.
    (b) How would these modifications affect the costs and benefits of 
the Rules

[[Page 68693]]

for consumers and businesses, particularly small businesses?
    (4) What impact have the Rules had in promoting the flow of 
truthful information to consumers and preventing the flow of deceptive 
information to consumers? Provide any evidence supporting your 
position.
    (5) What benefits, if any, have the Rules provided to, or what 
significant costs, including costs of compliance, have the Rules 
imposed on businesses, particularly small businesses? Provide any 
evidence supporting your position.
    (6) What modifications, if any, should be made to the Rules to 
increase their benefits or reduce their costs to businesses, 
particularly small businesses?
    (a) Provide any evidence supporting your proposed modifications.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (7) Provide any evidence 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?
    (8) Provide any evidence concerning whether any of the Rules' 
provisions are no longer necessary. Explain why these provisions are 
unnecessary.
    (9) What potentially unfair or deceptive practices concerning 
textile labeling, not covered by the Rules, are occurring in the 
marketplace?
    (a) Provide any evidence, such as empirical data, consumer 
perception studies, or consumer complaints, demonstrating the extent of 
such practices.
    (b) Provide any evidence demonstrating whether such practices cause 
consumer injury.
    (c) With reference to such practices, should the Rules be modified? 
If so, why and how? If not, why not?
    (10) What modifications, if any, should be made to the Rules to 
account for current or impending changes in technology or economic 
conditions?
    (a) Provide any evidence supporting the proposed modifications.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (11) Do the Rules overlap or conflict with other Federal, state, or 
local laws or rules, such as those enforced by U.S. Customs and Border 
Protection? If so, how?
    (a) Provide any evidence supporting your position.
    (b) With reference to the asserted conflicts, should the Rules be 
modified? If so, why and how? If not, why not?
    (c) Provide any evidence concerning whether the Rules have assisted 
in promoting national consistency with respect to textile labeling and 
advertising.
    (12) Are there foreign or international laws, regulations, or 
standards with respect to textile labeling or advertising 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 
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?
    (c) Provide any evidence supporting your position.
    (13) Should the Commission modify Section 303.7 to address the 
development of ISO 2076: 2010, ``Textiles--Man-made fibres--Generic 
names,'' an updated version of ISO 2076: 1999(E), ``Textiles--Man-made 
fibres--Generic Names,'' referenced in Section 303.7? If so, why and 
how? If not, why not?
    (a) Provide any evidence supporting your position.
    (b) How would the modification affect the costs and benefits of the 
Rules for consumers and businesses, particularly small businesses?
    (14) Should the Commission modify Section 303.1(n), 303.10, or 
303.12 to clarify the disclosure requirements relating to products 
containing elastic material? If so, why and how? If not, why not?
    (a) Provide any evidence supporting your position.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (15) Should the Commission modify Section 303.12 to revise the 
description and list of examples of ``trimmings''? If so, why and how? 
If not, why not?
    (a) Provide any evidence supporting your position.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (16) Should the Commission modify Section 303.16(c) or consider any 
additional measures regarding non-required information such as the 
voluntary use of multilingual labels? In particular, do multilingual 
labels pose the potential to confuse consumers and, if so, how could 
such confusion be avoided while providing the benefits of disclosures 
in multiple languages?
    (a) Provide any evidence supporting your position.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (17) Should the Commission modify Section 303.41 or 303.42 to 
clarify or otherwise revise the disclosure requirements applicable to 
written advertising, including Internet advertising? If so, why and 
how? If not, why not?
    (a) Provide any evidence supporting your position.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (18) Should the Commission modify Section 303.45 to clarify or 
otherwise revise the list of exclusions from the Textile Act and Rules? 
If so, why and how? If not, why not?
    (a) Provide any evidence supporting your position.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (19) Should the Commission modify the Rules to add or clarify 
definitions of terms set forth in the Rules? If so, why and how? If 
not, why not?
    (a) Provide any evidence supporting your position.
    (b) How would these modifications affect the costs and benefits of 
the Rules for consumers and businesses, particularly small businesses?
    (20) Is our business compliance guidance and consumer education 
about the Rules useful? Can it be improved? If so, how?
    (a) Should the Commission consider consumer education or other 
measures to help non-English-speaking consumers obtain the information 
that must be disclosed under the Textile Act and Rules?
    (b) Should the Commission print copies of consumer education 
materials, or is a pdf at https://www.business.ftc.gov sufficient for 
your needs?
    (21) Regarding the Textile Act requirement in 15 U.S.C. 70b(b)(3) 
that businesses identify themselves on labels using either their names 
or identifiers issued by the FTC, what are the benefits and costs of 
allowing businesses to use alternative identifiers, such as numbers 
issued by other nations? Provide any evidence supporting your position.
    (22) To what extent do retailers obtain valid separate or 
continuing guarantees that comply with the requirements of the Textile 
Act and Rules, i.e. guarantees signed by a person residing

[[Page 68694]]

in the United States and, in the case of continuing guarantees, signed 
under the penalty of perjury?
    (a) Do retailers who obtain such guarantees obtain them for all, 
most, some, or few of the textile products they sell?
    (b) Why do retailers decline to obtain such guarantees?
    (c) Have changes in technology, such as the use of electronic 
documents, affected the ability of retailers to obtain valid separate 
or continuing guarantees? If so, why and how? If not, why not?
    (d) Provide any evidence concerning the extent to which retailers 
obtain such guarantees and the reasons why retailers decline to obtain 
them.
    (23) What proportion of textile products sold in the U.S. are 
imported? What proportion of imported products are imported directly by 
retailers? What proportion are imported by businesses located in the 
United States for resale or distribution to retailers? How have these 
proportions changed since the Textile Act and Rules became effective?
    (a) Have changes in the extent or manner in which textile products 
are imported affected the ability of retailers to obtain valid separate 
or continuing guarantees? If so, does the ability of retailers to 
obtain such guarantees differ depending on whether the textile products 
are imported directly by retailers versus imported by businesses for 
resale or distribution to retailers?
    (b) Provide any evidence concerning the costs of obtaining valid 
guarantees for imported textile products and the impact of such costs 
on the ability of retailers to obtain valid guarantees.
    (c) Do changes in the extent or manner in which textile products 
are imported indicate that the Textile Act and Rules should be 
modified? If so, why and how? If not, why not?
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before January 3, 2012. 
Write ``Textile Rules, 16 CFR Part 303, Project No. P948404'' 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 must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c).\15\ 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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    \15\ 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).
---------------------------------------------------------------------------

    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/textilerulesanpr 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 ``Textile Rules, 16 CFR 
Part 303, Project No. P948404'' 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 G), 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 January 3, 2012. 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 303

    Advertising, Labeling, Recordkeeping, Textile fiber products.

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


    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-28631 Filed 11-4-11; 8:45 am]
BILLING CODE 6750-01-P
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