Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry, Request for Comments, 29922-29924 [2012-12132]

Download as PDF 29922 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend controlled airspace at Kerrville Municipal Airport/Louis Schreiner Field, Kerrville, TX. Environmental Review mstockstill on DSK4VPTVN1PROD with PROPOSALS § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective September 15, 2011, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * ASW TX E5 Kerrville, TX [Amended] Kerrville Municipal Airport/Louis Schreiner Field, TX (Lat. 29°58′36″ N., long. 99°05′08″ W.) Shein LOM/NDB (Lat. 29°54′54″ N., long. 99°00′29″ W.) That airspace extending upward from 700 feet above the surface within a 7.6-mile radius of Kerrville Municipal Airport/Louis Schreiner Field, and within 2 miles each side of the 310° bearing from the airport extending from the 7.6-mile radius to 12.3 miles northwest of the airport, and within 2.2 miles each side of the 131° bearing from the Shein LOM/NDB extending from the 7.6-mile radius to 11.6 miles southeast of the airport. Issued in Fort Worth, TX, on May 10, 2012. Walter L. Tweedy, Acting Manager, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2012–12161 Filed 5–18–12; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 20 Federal Trade Commission (FTC or Commission). ACTION: Request for public comments. As part of the Commission’s systematic review of all current FTC rules and guides, the Commission requests public comment on the costs, benefits, necessity for, and regulatory and economic impact of the FTC’s ‘‘Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry.’’ DATES: Comments must be received on or before August 3, 2012. SUMMARY: Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: Jkt 226001 Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. AGENCY: List of Subjects in 14 CFR Part 71 17:07 May 18, 2012 1. The authority citation for part 71 continues to read as follows: Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry, Request for Comments This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. VerDate Mar<15>2010 PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 ‘‘Used Auto Parts Guides Review, 16 CFR Part 20, Project No. P127702’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ usedautopartsguide, 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 B), 600 Pennsylvania Avenue NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Jonathan L. Kessler, Attorney, East Central Region, Federal Trade Commission, 1111 Superior Avenue, Suite 200, Cleveland, Ohio 44114, 216– 263–3436. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background The Used Auto Parts Guides seek to prevent unfair or deceptive acts or practices in the advertisement and sale (including installation) of previously used motor vehicle parts and assemblies of parts containing previously used parts (e.g., engines and transmissions). The Commission first addressed the used automobile parts market in 1962, when it issued its Trade Practice Rules for the Rebuilt, Reconditioned and Other Used Automotive Parts Industry. In 1979 these rules were rescinded and replaced with the ‘‘Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry’’ (Used Auto Parts Guides or Guides). The Guides have been in place since that time, but were revised in 2002 to make minor language changes and to update the list of commonly rebuilt or reused parts and assemblies. In their current form, the Guides apply to ‘‘used parts and assemblies containing used parts designed for use in automobiles, trucks, motorcycles, tractors, or similar self-propelled vehicles whether or not such parts or assemblies have been reconstructed in any way’’ (Industry Product or Products). 16 CFR part 20. The Guides prohibit both misrepresentations that an Industry Product is new and misrepresentations of ‘‘the current condition, or extent of previous use, reconstruction, or repair of’’ an Industry Product. 16 CFR 20.1(a). Industry Products must be clearly and conspicuously identified as such in advertisements, on packaging, and, if E:\FR\FM\21MYP1.SGM 21MYP1 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules the product appears new, on the product itself. Further, the Guides prohibit misrepresenting the identity of an Industry Product rebuilder. 16 CFR 20.2. The Guides describe the treatment an Industry Product must receive before it can be described as ‘‘rebuilt’’ or ‘‘remanufactured,’’ and limit use of the term ‘‘factory rebuilt’’ to Industry Products rebuilt ‘‘at a factory generally engaged in the rebuilding of such products.’’ 16 CFR 20.3. The Used Auto Parts Guides, like other industry guides issued by the Commission, are ‘‘administrative interpretations of laws administered by the Commission for the guidance of the public in conducting its affairs in conformity with legal requirements.’’ 16 CFR 1.5. Conduct inconsistent with the Guides ‘‘may result in corrective action by the Commission under applicable statutory provisions.’’ 16 CFR 1.5. II. Regulatory Review Program The Commission reviews all of its rules and guides periodically. These reviews seek information about the costs, benefits, and regulatory and economic impact of each rule and guide. The information obtained assists the Commission in identifying rules and guides that should be changed or eliminated. Accordingly, this Notice requests comments addressing whether the Used Auto Parts Guides are still needed, their costs and benefits to consumers and businesses, and whether any changes are needed. mstockstill on DSK4VPTVN1PROD with PROPOSALS III. Request for Comments Please provide any comments you have related to the Used Auto Parts Guides. Particularly helpful would be comments that respond to all or some of the following questions: 1. Are the Guides still needed? Why or why not? 2. What benefits do the Guides provide to consumers? What evidence do you have or know of that shows these benefits? 3. What changes, if any, should the Commission make to the Guides to increase their benefits to consumers? a. How would the changes affect the costs and benefits of the Guides for consumers? b. How would the changes affect the costs and benefits of the Guides for businesses, particularly small businesses? c. What evidence do you have or know of that supports these changes? 4. What costs have the Guides imposed on consumers? What evidence do you have or know of that shows these costs? VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 5. What changes, if any, would reduce the costs the Guides impose on consumers? a. How would the changes affect the costs and benefits of the Guides for consumers? b. How would the changes affect the costs and benefits of the Guides for businesses, particularly small businesses? c. What evidence do you have or know of that supports these changes? 6. What benefits, if any, have the Guides provided to businesses, and in particular to small businesses? What evidence do you have or know of that supports these benefits? 7. What changes, if any, should be made to the Guides to increase their benefits to businesses, particularly small businesses? a. How would the changes affect the costs and benefits of the Guides for consumers? b. How would the changes affect the costs and benefits of the Guides for businesses, particularly small businesses? c. What evidence do you have or know of that supports these changes? 8. What costs, including costs of compliance, have the Guides imposed on businesses, especially small businesses? What evidence do you have or know of that supports these costs? 9. What changes, if any, should be made to the Guides to reduce the costs imposed on businesses, particularly small businesses? a. How would the changes affect the costs and benefits of the Guides for consumers? b. How would the changes affect the costs and benefits of the Guides for businesses, particularly small businesses? c. What evidence do you have or know of that supports these changes? 10. What evidence, if any, has become available since 2002 concerning consumer perceptions of Industry Products (used vehicle parts and assemblies of parts, such as engines and transmissions, containing used parts)? Does this new information indicate that the Guides should be modified? If so, why does the information indicate the Guides should be modified, and how should they be modified? 11. The Guides now require that certain disclosures be clear and conspicuous. Should the Guides define ‘‘clear and conspicuous’’? Why or why not? What information should be in a definition of ‘‘clear and conspicuous’’? (For example, other Commission rules define ‘‘clear and conspicuous’’ as ‘‘reasonably understandable and designed to call attention to the nature PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 29923 and significance of the information.’’ 16 CFR 313.3 (Privacy of Consumer Financial Information), 16 CFR 680.3 (Affiliate Marketing)). 12. Should the Guides be changed to specify when an installer of an Industry Product (e.g., mechanic or technician) must disclose the use of the Product to a consumer? If so: a. What evidence, if any, do you have that shows that disclosure of the installation of an Industry Product is not being made to consumers at an appropriate time? b. When should the installer disclose the use of an Industry Product? (E.g., when the vehicle is left for servicing; when the consumer is told that a replacement part is needed; when the consumer retrieves the vehicle after the Industry Product has been installed.) 13. How have the Guides affected the flow of truthful information to consumers? How have the Guides affected the flow of deceptive information to consumers? What evidence do you have or know of that shows the effect of the Guides on the flow of either truthful or deceptive information to consumers? 14. What evidence is available concerning the degree of compliance with the Guides? What does this evidence indicate about whether the Guides should be kept, changed, or eliminated? 15. Are any parts of the Guides no longer needed? If so, which parts? What evidence do you have or know of that supports your views? 16. What changes, if any, should be made to the Guides to account for changes in technology or economic conditions? a. How would the changes affect the costs and benefits of the Guides for consumers? b. How would the changes affect the costs and benefits of the Guides for businesses, particularly small businesses? c. What evidence do you have or know of that supports these changes? 17. What acts or practices related to Industry Products do the Guides currently not address, but which they should address? What evidence do you have or know of that supports your views? 18. Is there a need for efforts to educate consumers or businesses about the Used Auto Parts Guides? If so, what types of educational activities should the Commission undertake? 19. The current Guides expressly exclude tires because when the Guides were last amended the Commission had separate guides relating to the advertising and selling of tires. These E:\FR\FM\21MYP1.SGM 21MYP1 29924 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules tire guides have since been eliminated. Should the Used Auto Parts Guides be changed to include tires? Why or why not? What evidence do you have or know of that supports your views? 20. The current Guides state that they apply to Industry Products ‘‘designed for use in automobiles, trucks, motorcycles, tractors, or similar selfpropelled vehicles.’’ 16 CFR 20.0. Is this list adequate to describe the vehicles to which the Guides should apply, or should other vehicles be expressly mentioned? (E.g., all-terrain vehicles, off-road construction vehicles, dune buggies or other off-road recreation vehicles.) If so, which other vehicles should be mentioned, and why? What evidence do you have or know of that supports your views? 21. Do the Used Auto Parts Guides overlap or conflict with other laws or regulations, whether federal, state, or local? If so, how? a. What evidence do you have or know of concerning the conflicts? b. Should the Guides be changed because of these conflicts? If so, how? c. Have the Guides helped make the advertising and selling of Industry Products more consistent across the country? If so, how? 22. Are there foreign or international laws, regulations, or standards concerning the advertising and sale of Industry Products that the Commission should consider as it reviews the Guides? If so, what are they? a. Should the Guides be changed to harmonize with these foreign or international laws, regulations, or standards? Why or why not? b. How would harmonization affect the costs and benefits of the Guides for consumers? c. How would harmonization affect the costs and benefits of the Guides for businesses, particularly small businesses? mstockstill on DSK4VPTVN1PROD with PROPOSALS IV. Instructions for Comment Submissions You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before August 3, 2012. Write ‘‘Used Auto Parts Guides Review, 16 CFR Part 20, Matter No. P12–7702’’ on your comment. Your comment B including your name and your state B 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 VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, such as a 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 does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential,’’ as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not 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 4.9(c).1 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/ usedautopartsguide, 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 ‘‘Used Auto Parts Guides Review, 16 CFR Part 20, Matter No. P127702’’ 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 B), 600 Pennsylvania Avenue 1 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 00011 Fmt 4702 Sfmt 4702 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 August 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 20 Advertising, Motor vehicles, Trade Practices. Authority: 15 U.S.C. 41–58. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2012–12132 Filed 5–18–12; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2012–0181] RIN 1625–AA09 Drawbridge Operation Regulation; Alabama River, AL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify the operating schedule that governs the Meridian and Bigbee Railroad (MNBR) swing span bridge across the Alabama River at Selma, Dallas County, Alabama. Due to the infrequent requirement to open the bridge for the passage of vessels, the owner has requested a change allowing the bridge to open only on signal if at least 24-hours advanced notification is given. SUMMARY: Comments and related material must reach the Coast Guard on or before July 20, 2012. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0181 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. DATES: E:\FR\FM\21MYP1.SGM 21MYP1

Agencies

[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29922-29924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12132]


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FEDERAL TRADE COMMISSION

16 CFR Part 20


Guides for the Rebuilt, Reconditioned and Other Used Automobile 
Parts Industry, Request for Comments

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Request for public comments.

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

SUMMARY: As part of the Commission's systematic review of all current 
FTC rules and guides, the Commission requests public comment on the 
costs, benefits, necessity for, and regulatory and economic impact of 
the FTC's ``Guides for the Rebuilt, Reconditioned and Other Used 
Automobile Parts Industry.''

DATES: Comments must be received on or before August 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 ``Used Auto Parts Guides 
Review, 16 CFR Part 20, Project No. P127702'' on your comment, and file 
your comment online at https://ftcpublic.commentworks.com/ftc/usedautopartsguide, 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 B), 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Jonathan L. Kessler, Attorney, East 
Central Region, Federal Trade Commission, 1111 Superior Avenue, Suite 
200, Cleveland, Ohio 44114, 216-263-3436.

SUPPLEMENTARY INFORMATION:

I. Background

    The Used Auto Parts Guides seek to prevent unfair or deceptive acts 
or practices in the advertisement and sale (including installation) of 
previously used motor vehicle parts and assemblies of parts containing 
previously used parts (e.g., engines and transmissions). The Commission 
first addressed the used automobile parts market in 1962, when it 
issued its Trade Practice Rules for the Rebuilt, Reconditioned and 
Other Used Automotive Parts Industry. In 1979 these rules were 
rescinded and replaced with the ``Guides for the Rebuilt, Reconditioned 
and Other Used Automobile Parts Industry'' (Used Auto Parts Guides or 
Guides). The Guides have been in place since that time, but were 
revised in 2002 to make minor language changes and to update the list 
of commonly rebuilt or reused parts and assemblies.
    In their current form, the Guides apply to ``used parts and 
assemblies containing used parts designed for use in automobiles, 
trucks, motorcycles, tractors, or similar self-propelled vehicles 
whether or not such parts or assemblies have been reconstructed in any 
way'' (Industry Product or Products). 16 CFR part 20. The Guides 
prohibit both misrepresentations that an Industry Product is new and 
misrepresentations of ``the current condition, or extent of previous 
use, reconstruction, or repair of'' an Industry Product. 16 CFR 
20.1(a). Industry Products must be clearly and conspicuously identified 
as such in advertisements, on packaging, and, if

[[Page 29923]]

the product appears new, on the product itself. Further, the Guides 
prohibit misrepresenting the identity of an Industry Product rebuilder. 
16 CFR 20.2. The Guides describe the treatment an Industry Product must 
receive before it can be described as ``rebuilt'' or 
``remanufactured,'' and limit use of the term ``factory rebuilt'' to 
Industry Products rebuilt ``at a factory generally engaged in the 
rebuilding of such products.'' 16 CFR 20.3.
    The Used Auto Parts Guides, like other industry guides issued by 
the Commission, are ``administrative interpretations of laws 
administered by the Commission for the guidance of the public in 
conducting its affairs in conformity with legal requirements.'' 16 CFR 
1.5. Conduct inconsistent with the Guides ``may result in corrective 
action by the Commission under applicable statutory provisions.'' 16 
CFR 1.5.

II. Regulatory Review Program

    The Commission reviews all of its rules and guides periodically. 
These reviews seek information about the costs, benefits, and 
regulatory and economic impact of each rule and guide. The information 
obtained assists the Commission in identifying rules and guides that 
should be changed or eliminated. Accordingly, this Notice requests 
comments addressing whether the Used Auto Parts Guides are still 
needed, their costs and benefits to consumers and businesses, and 
whether any changes are needed.

III. Request for Comments

    Please provide any comments you have related to the Used Auto Parts 
Guides. Particularly helpful would be comments that respond to all or 
some of the following questions:
    1. Are the Guides still needed? Why or why not?
    2. What benefits do the Guides provide to consumers? What evidence 
do you have or know of that shows these benefits?
    3. What changes, if any, should the Commission make to the Guides 
to increase their benefits to consumers?
    a. How would the changes affect the costs and benefits of the 
Guides for consumers?
    b. How would the changes affect the costs and benefits of the 
Guides for businesses, particularly small businesses?
    c. What evidence do you have or know of that supports these 
changes?
    4. What costs have the Guides imposed on consumers? What evidence 
do you have or know of that shows these costs?
    5. What changes, if any, would reduce the costs the Guides impose 
on consumers?
    a. How would the changes affect the costs and benefits of the 
Guides for consumers?
    b. How would the changes affect the costs and benefits of the 
Guides for businesses, particularly small businesses?
    c. What evidence do you have or know of that supports these 
changes?
    6. What benefits, if any, have the Guides provided to businesses, 
and in particular to small businesses? What evidence do you have or 
know of that supports these benefits?
    7. What changes, if any, should be made to the Guides to increase 
their benefits to businesses, particularly small businesses?
    a. How would the changes affect the costs and benefits of the 
Guides for consumers?
    b. How would the changes affect the costs and benefits of the 
Guides for businesses, particularly small businesses?
    c. What evidence do you have or know of that supports these 
changes?
    8. What costs, including costs of compliance, have the Guides 
imposed on businesses, especially small businesses? What evidence do 
you have or know of that supports these costs?
    9. What changes, if any, should be made to the Guides to reduce the 
costs imposed on businesses, particularly small businesses?
    a. How would the changes affect the costs and benefits of the 
Guides for consumers?
    b. How would the changes affect the costs and benefits of the 
Guides for businesses, particularly small businesses?
    c. What evidence do you have or know of that supports these 
changes?
    10. What evidence, if any, has become available since 2002 
concerning consumer perceptions of Industry Products (used vehicle 
parts and assemblies of parts, such as engines and transmissions, 
containing used parts)? Does this new information indicate that the 
Guides should be modified? If so, why does the information indicate the 
Guides should be modified, and how should they be modified?
    11. The Guides now require that certain disclosures be clear and 
conspicuous. Should the Guides define ``clear and conspicuous''? Why or 
why not? What information should be in a definition of ``clear and 
conspicuous''? (For example, other Commission rules define ``clear and 
conspicuous'' as ``reasonably understandable and designed to call 
attention to the nature and significance of the information.'' 16 CFR 
313.3 (Privacy of Consumer Financial Information), 16 CFR 680.3 
(Affiliate Marketing)).
    12. Should the Guides be changed to specify when an installer of an 
Industry Product (e.g., mechanic or technician) must disclose the use 
of the Product to a consumer? If so:
    a. What evidence, if any, do you have that shows that disclosure of 
the installation of an Industry Product is not being made to consumers 
at an appropriate time?
    b. When should the installer disclose the use of an Industry 
Product? (E.g., when the vehicle is left for servicing; when the 
consumer is told that a replacement part is needed; when the consumer 
retrieves the vehicle after the Industry Product has been installed.)
    13. How have the Guides affected the flow of truthful information 
to consumers? How have the Guides affected the flow of deceptive 
information to consumers? What evidence do you have or know of that 
shows the effect of the Guides on the flow of either truthful or 
deceptive information to consumers?
    14. What evidence is available concerning the degree of compliance 
with the Guides? What does this evidence indicate about whether the 
Guides should be kept, changed, or eliminated?
    15. Are any parts of the Guides no longer needed? If so, which 
parts? What evidence do you have or know of that supports your views?
    16. What changes, if any, should be made to the Guides to account 
for changes in technology or economic conditions?
    a. How would the changes affect the costs and benefits of the 
Guides for consumers?
    b. How would the changes affect the costs and benefits of the 
Guides for businesses, particularly small businesses?
    c. What evidence do you have or know of that supports these 
changes?
    17. What acts or practices related to Industry Products do the 
Guides currently not address, but which they should address? What 
evidence do you have or know of that supports your views?
    18. Is there a need for efforts to educate consumers or businesses 
about the Used Auto Parts Guides? If so, what types of educational 
activities should the Commission undertake?
    19. The current Guides expressly exclude tires because when the 
Guides were last amended the Commission had separate guides relating to 
the advertising and selling of tires. These

[[Page 29924]]

tire guides have since been eliminated. Should the Used Auto Parts 
Guides be changed to include tires? Why or why not? What evidence do 
you have or know of that supports your views?
    20. The current Guides state that they apply to Industry Products 
``designed for use in automobiles, trucks, motorcycles, tractors, or 
similar self-propelled vehicles.'' 16 CFR 20.0. Is this list adequate 
to describe the vehicles to which the Guides should apply, or should 
other vehicles be expressly mentioned? (E.g., all-terrain vehicles, 
off-road construction vehicles, dune buggies or other off-road 
recreation vehicles.) If so, which other vehicles should be mentioned, 
and why? What evidence do you have or know of that supports your views?
    21. Do the Used Auto Parts Guides overlap or conflict with other 
laws or regulations, whether federal, state, or local? If so, how?
    a. What evidence do you have or know of concerning the conflicts?
    b. Should the Guides be changed because of these conflicts? If so, 
how?
    c. Have the Guides helped make the advertising and selling of 
Industry Products more consistent across the country? If so, how?
    22. Are there foreign or international laws, regulations, or 
standards concerning the advertising and sale of Industry Products that 
the Commission should consider as it reviews the Guides? If so, what 
are they?
    a. Should the Guides be changed to harmonize with these foreign or 
international laws, regulations, or standards? Why or why not?
    b. How would harmonization affect the costs and benefits of the 
Guides for consumers?
    c. How would harmonization affect the costs and benefits of the 
Guides for businesses, particularly small businesses?

IV. Instructions for Comment Submissions

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before August 3, 2012. 
Write ``Used Auto Parts Guides Review, 16 CFR Part 20, Matter No. P12-
7702'' on your comment. Your comment B including your name and your 
state B 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 does not include any 
sensitive personal information, such as a 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 does not include any sensitive health 
information, like medical records or other individually identifiable 
health information. In addition, do not include any ``[t]rade secret or 
any commercial or financial information which is obtained from any 
person and which is privileged or confidential,'' as provided in 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 
16 CFR 4.10(a)(2). In particular, do not 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 4.9(c).\1\ 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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    \1\ 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/usedautopartsguide, 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 ``Used Auto Parts Guides 
Review, 16 CFR Part 20, Matter No. P127702'' 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 B), 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 August 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 20

    Advertising, Motor vehicles, Trade Practices.

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

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-12132 Filed 5-18-12; 8:45 am]
BILLING CODE 6750-01-P
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