Used Motor Vehicle Trade Regulation Rule, 73912-73916 [2012-29901]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
TABLE 1—PASSENGER OPERATIONS NOMINAL COSTS AND BENEFITS OVER 12-YEAR ANALYSIS PERIOD
Original RIA
(millions)
Total Benefits—Base Case .................................................................................
Total Benefits—High case ...................................................................................
Total Costs ...........................................................................................................
Supplemental RIA
(millions)
$376
716
390
Difference
(millions)
$401
757
457
$25
41
67
TABLE 2—CARGO-ONLY NOMINAL COSTS AND BENEFITS OVER 12-YEAR ANALYSIS PERIOD
Original RIA
(millions)
Total Benefits—Base Case ...............................................................................
Total Benefits—High Case ................................................................................
Total Costs .........................................................................................................
Supplemental RIA
(millions)
** $20.35
** 32.55
306
Difference
(millions)
$5
31
550
$244
** The FAA did not detail potential benefits to cargo-only operations in the original RIA. Rather, the FAA assumed that benefits associated with
averting a single catastrophic accident involving a cargo plane would range between $20.35 million and $32.55 million.
Comments Invited
The FAA invites interested persons to
review the Initial Supplemental RIA and
submit written comments, data, or
views. The most helpful comments
reference a specific portion of the Initial
Supplemental RIA, explain the reason
for any recommended change, and
include supporting data. To ensure the
docket does not contain duplicate
comments, please send only one copy of
written comments, or if filing comments
electronically, please submit your
comments only one time.
The FAA will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning the Initial Supplemental
RIA. Before issuing the Final
Supplemental RIA, the agency will
consider all comments we receive on or
before the closing date for comments. It
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
the Final Supplemental RIA in light of
the comments we receive.
Proprietary or Confidential Business
Information
Do not file in the docket information
that you consider to be proprietary or
confidential business information. Send
or deliver this information directly to
the legal contact person identified in the
emcdonald on DSK67QTVN1PROD with
FOR FURTHER INFORMATION CONTACT
section of this document. You must
mark the information that you consider
proprietary or confidential. If you send
the information on a disk or CD ROM,
mark the outside of the disk or CD ROM
and also identify electronically within
the disk or CD ROM the specific
information that is proprietary or
confidential.
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Under 14 CFR 11.35(b), when the
FAA is aware of proprietary information
filed with a comment, the agency does
not place it in the docket. It is held in
a separate file to which the public does
not have access, and a note is placed in
the docket that the agency has received
it. If the agency receives a request to
examine or copy this information, it
treats it as any other request under the
Freedom of Information Act (5 U.S.C.
552). The FAA processes such a request
under the DOT procedures found in 49
CFR part 7.
Availability of Rulemaking Documents
An electronic copy of rulemaking
documents may be obtained using the
Internet by—
1. Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing
Office’s Web page at https://
www.gpoaccess.gov/fr/.
Alternatively, a copy may be
requested directly from the FAA by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW., Washington, DC 20591, or
by calling (202) 267–9680. Make sure to
identify the docket number or notice
number of this rulemaking.
All documents the FAA considered in
developing the underlying final rule,
Flight Crew Member Duty and Rest
Requirements and this Initial
Supplemental RIA, including economic
analyses and technical reports, are
located in the docket for this rulemaking
and may be viewed on the internet
through the Federal eRulemaking Portal
referenced in paragraph (1).
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Issued on: December 6, 2012.
Rebecca MacPherson,
Assistant Chief Counsel for International Law,
Legislation and Regulations.
[FR Doc. 2012–29941 Filed 12–7–12; 4:15 pm]
BILLING CODE P
FEDERAL TRADE COMMISSION
16 CFR Part 455
Used Motor Vehicle Trade Regulation
Rule
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
has completed its regulatory review of
its Used Motor Vehicle Trade
Regulation Rule (‘‘Used Car Rule’’ or
‘‘Rule’’) as part of the FTC’s systematic
review of all current Commission
regulations and guides. The
Commission has decided to retain the
Rule and to issue this final rule making
nonsubstantive revisions to the Spanish
translation of the Used Car Buyers
Guide and nonsubstantive technical
changes to the Rule. The revisions to the
Spanish translation were published for
public comment when the Commission
announced its regulatory review of the
Rule.
DATES: Effective Date: This rule is
effective on February 11, 2013.
ADDRESSES: Requests for copies of this
document should be sent to: Public
Records Branch, Room 130, Federal
Trade Commission, 600 Pennsylvania
Avenue NW., Washington, DC 20580.
This document, and public records
related to the FTC’s regulatory review,
are also available at that address and at
www.ftc.gov.
SUMMARY:
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
John
C. Hallerud, Attorney, Midwest Region,
Federal Trade Commission, 55 West
Monroe, Suite 1825, Chicago, Illinois
60603, (312) 960–5634.
SUPPLEMENTARY INFORMATION:
decided to retain the Rule, to revise the
Spanish translation of the Buyers Guide
as proposed in that Federal Register
document, and to make three
nonsubstantive technical changes to the
text of the Rule.
I. Background
The Commission promulgated the
Used Car Rule in 1984 and the Rule
became effective in 1985.1 The Used Car
Rule is intended primarily to prevent
oral misrepresentations and unfair
omissions of material facts by used car
dealers concerning warranty coverage.
To accomplish that goal, the Rule
provides a uniform method for
disclosing warranty information on a
window sticker called the ‘‘Buyers
Guide’’ that dealers are required to
display on used cars. The Rule requires
used car dealers to disclose on the
Buyers Guide whether they are offering
a used car for sale with a dealer’s
warranty and, if so, the basic terms,
including the duration of coverage, the
percentage of total repair costs to be
paid by the dealer, and the exact
systems covered by the warranty. The
Rule additionally provides that the
Buyers Guide disclosures are to be
incorporated by reference into the sales
contract, and are to govern in the event
of an inconsistency between the Buyers
Guide and the sales contract.
Among other information, the Buyers
Guide includes: (1) A suggestion that
consumers ask the dealer if a prepurchase inspection is permitted; (2) a
warning against reliance on spoken
promises that are not confirmed in
writing; and (3) a list of fourteen major
systems of a used motor vehicle and the
major defects that may occur in these
systems.
The Rule prescribes Spanish language
versions of the Buyers Guide when
dealers conduct sales in Spanish.2 In
1995, as part of its periodic review, the
Commission amended the Used Car
Rule by,3 among other things, adopting
several minor grammatical changes to
the Spanish language version of the
Buyers Guide.
A. Changes to Spanish Translation of
Buyers Guide
During the regulatory review, the
Commission received one comment
favoring the translation changes,5 and
none opposing them. The Commission
received two comments recommending
that the Rule require translations of the
Buyers Guide into the language used to
conduct the sale.6 Two comments state
that the Buyers Guide should not be
translated into Spanish.7
During the original 1984 rulemaking,
the Commission chose to translate the
Buyers Guide only into Spanish. At that
time, the Commission considered
whether to require a translation of the
Buyers Guide into the language used to
conduct a used car sale.8 The
Commission concluded that such a
requirement could result in translations
of the Buyers Guides of varying
linguistic quality and accuracy unless
II. Analysis
On July 21, 2008, the Commission
announced in the Federal Register its
regulatory review of the Rule as part of
the FTC’s systematic review of its rules
and guides.4 The Commission has
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1 49
FR 45692 (Nov. 19, 1984).
CFR 455.5.
3 60 FR 62195 (Dec. 5, 1995).
4 73 FR 42285 (July 21, 2008). In a separate
Federal Register document, the Commission is
publishing a notice of proposed rulemaking
(‘‘NPR’’) addressing the comments received during
its review and inviting public comment on whether
2 16
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to amend the Rule and to revise the Buyers Guide.
The NPR seeks comments on, among other things,
adding a statement, in Spanish, to the English
Buyers Guide suggesting that Spanish-speaking
consumers who cannot read the English Buyers
Guide ask for a copy of it in Spanish.
5 Joint letter from the Consumer Action,
Consumers for Auto Reliability and Safety,
Consumer Federation of America, Consumer
Federation of California, National Consumer Law
Center, U.S. Public Interest Group, Watsonville Law
Center (collectively referred to as ‘‘CARS,’’ which
signed the joint letter) at 31–35 (page numbers
added for convenience). The comment from CARS
and other comments that were received by the
Commission in response to the regulatory review
are available at https://www.ftc.gov/os/comments/
usedcarrule/index.shtm. Additional comments on
the regulatory review, submitted during a second
comment period, are available at https://
www.ftc.gov/os/comments/usedcarrulereopen/
index.shtm.
The comment from CARS also proposes
numerous corrections to the Spanish translation,
such as correcting missing accents and
typographical errors. These errors appeared in the
Spanish Buyers Guide available on the FTC’s Web
site, but were not part of the amended Spanish
Buyers Guide that was adopted by the Commission
and published in the Federal Register in 1995.
After receiving the CARS comment, the FTC Web
site version of the Buyers Guide was corrected. The
current Federal Register notice document
incorporates those changes and makes the
additional translation revisions described in this
document.
6 CARS at 24–25; Broward County, Florida,
Permitting, Licensing and Consumer Protection
Division at 7 (Sept. 19, 2008).
7 Sachau, Barbara (consumer) (July 21, 2008);
King, Monty (Oregon Vehicle Dealer Association)
(Aug. 27, 2008).
8 Trade Regulation Rule Concerning Used Motor
Vehicles, Statement of Basis and Purpose and
Regulatory Analysis (‘‘SBP’’), 49 FR 45692, at 45711
(1984).
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73913
the Commission published official
translations of the Buyers Guide into the
various languages used in the United
States.9 The Commission decided to
limit the translation of the Buyers Guide
to Spanish because, besides English,
Spanish is the language most frequently
used in the United States during used
car transactions.10 The Commission sees
no reason to revisit its earlier decision
and declines to propose requiring
translations of the Buyers Guide into
languages other than English and
Spanish.
B. Technical Revisions to the Rule
The Commission is also making three
minor nonsubstantive changes to the
Rule. First, the Commission is
correcting a typographical error by
changing ‘‘diffential’’ to ‘‘differential’’ in
16 CFR 455.2(b)(2)(ii). Second, the
Commission is correcting the
terminology used in 16 CFR 455.2(d) by
changing the term ‘‘name’’ to ‘‘make.’’
Finally, the Commission is changing the
example of an automobile make in 16
CFR 455.2(d) from ‘‘Vega’’ to ‘‘Corvette’’
because the Vega has not been
manufactured since 1977.
III. Procedural Requirements
A. Administrative Procedure Act
Section 1029(d) of Title X of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act 11 authorizes
the Commission to use Administrative
Procedure Act 12 procedures to issue or
amend rules with respect to motor
vehicle dealers predominantly engaged
in the sale and servicing, or leasing and
servicing, of motor vehicles. Pursuant to
this authority, the Commission is
implementing several technical
amendments to the Used Car Rule.
The Commission finds good cause to
adopt these changes without further
public comment. Under the APA, notice
and comment are not required ‘‘when
the agency for good cause finds (and
incorporates the finding and a brief
statement of reasons therefore in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ 13
In this case, the Commission finds
that additional public comment on the
rule is unnecessary because the
Commission has already provided an
opportunity for public comment on
these revisions to the Spanish
9 Id.
10 Id.
11 Public Law 111–203, Title X, § 1029(d); 12
U.S.C. 5519(d).
12 5 U.S.C. 553.
13 5 U.S.C. 553(b)(3)(B).
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
translation of the Buyers Guide.
Specifically, the Commission requested
public comment on these revisions to
the Spanish translation of the Buyers
Guide as part of its regulatory review of
the Buyers Guide. See 73 FR 42285. In
response to the Commission’s request
for comment on these proposed
changes, the Commission received one
comment favoring the translation
changes,14 and no comments opposing
the changes. Accordingly, the
Commission has determined that the
public has had sufficient opportunity to
comment on the proposed changes. As
a result, additional opportunity for
public comment is unnecessary.
Moreover, additional public comment
is unnecessary because the changes are
merely nonsubstantive revisions to
ensure the clarity and accuracy of the
translation of the Buyers Guide. The
Commission finds that these technical,
nonsubstantive changes are minor,
routine clarifications of the text of the
Spanish translation that will not have a
significant effect on industry or the
public, and therefore additional public
comment is unnecessary.
Accordingly, the Commission finds
that there is good cause for adopting this
final rule as effective on February 11,
2013.
B. Regulatory Flexibility Act
emcdonald on DSK67QTVN1PROD with
The Regulatory Flexibility Act
(‘‘RFA’’) requires an agency to provide
a Final Regulatory Flexibility Act
Analysis (‘‘FRFA’’) when promulgating
a final rule that cannot be promulgated
without publishing a proposed
rulemaking.15 An FRFA is not necessary
if a general notice of proposed
rulemaking is not required for
promulgation or if the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities.16
The Commission anticipates that the
final Rule will not have a significant
economic impact on a substantial
number of small entities. The amended
Rule, like the current Used Car Rule,
does not contain reporting or
recordkeeping requirements, but does
require that dealers disclose certain
information. The amended Rule requires
only that dealers use a revised Spanish
Buyers Guide when conducting sales in
Spanish. The amended Rule does not
impose additional recordkeeping
requirements or change the information
14 Joint
letter from CARS, at 31–35.
U.S.C. 604(a).
16 Id.
15 5
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that dealers themselves must disclose
on the Buyers Guide. Dealers will
experience only an initial cost in
obtaining revised Spanish Buyers
Guides and will be permitted to use
existing stocks of Spanish Buyers
Guides. As such, the economic impact
of the Rule will be minimal.
This document serves as notice to the
Small Business Administration (‘‘SBA’’)
of the agency’s certification of no
significant economic impact on a
substantial number of small entities.
C. Paperwork Reduction Act
The final Rule revises the Spanish
translation of the Buyers Guide that the
Used Car Rule requires used car dealers
to display. The final Rule does not
require dealers to disclose additional
information that they are not already
required to provide under the current
Rule. Thus, the final Rule does not give
rise to changes in the FTC’s previously
submitted and approved ‘‘collection of
information’’ requirements and related
Paperwork Reduction Act burden
analysis for public comment 17 and
cleared by the Office of Management
and Budget.18
D. Regulatory Analysis
Section 22 of the FTC Act, 15 U.S.C.
57b, requires the Commission to issue a
preliminary regulatory analysis when
promulgating a final rule amending a
rule if the Commission: (1) Estimates
that the amendment will have an annual
effect on the national economy of
$100,000,000 or more; (2) estimates that
the amendment will cause a substantial
change in the cost or price of certain
categories of goods or services; or (3)
otherwise determines that the
amendment will have a significant effect
upon covered entities or consumers.
A final regulatory analysis is not
necessary because the Commission has
determined that these amendments to
the Used Car Rule will not have such an
annual effect on the national economy,
on the cost or prices of goods or services
sold by used car dealers, or on covered
businesses or consumers. Commission
staff estimates that each business
affected by the final Rule will likely
incur only minimal initial added
compliance costs as dealers obtain
revised Spanish Buyers Guides.
determined to amend 16 CFR 455.5 by
translating the term ‘‘dealer’’ into
Spanish as ‘‘concesionario’’ in footnote
4 of the rule and in the accompanying
illustration of the Spanish Buyers
Guide. The Commission is also revising
the translation of certain other terms in
the Guide as follows: ‘‘regardless of’’
shall be translated as
‘‘independientemente de’’; ‘‘Framecracks’’ shall be translated as ‘‘Grietas
en el chasis’’; ‘‘Cooling System’’ shall be
translated as ‘‘Sistema de enfriamiento’’;
‘‘Air conditioner’’ shall be translated as
‘‘Aire acondicionado’’; ‘‘Defroster’’ shall
˜
be translated as ‘‘Desempanador’’; and
‘‘Not enough pedal reserve’’ shall be
translated as ‘‘Distancia insuficiente del
pedal.’’ 19 Finally, the Commission is
amending the Rule by making the three
nonsubstantive textual revisions
described in Section II.B. above.
List of Subjects in 16 CFR Part 455
Motor vehicles, Trade practices.
Accordingly, for the reasons stated
above, the Federal Trade Commission
amends part 455 of title 16 of the Code
of Federal Regulations as follows:
PART 455—USED MOTOR VEHICLE
TRADE REGULATION RULE
1. Revise the authority citation for part
455 to read as follows:
■
Authority: 15 U.S.C. 2309; 15 U.S.C. 41–
58.
§ 455.2
[Amended]
2. Revise § 455.2 as follows:
a. In paragraph (b)(2)(ii), by removing
the word ‘‘diffential’’ and adding, in its
place, the word ‘‘differential;’’
■ b. In paragraph (d), by removing the
word ‘‘name’’ and adding, in its place,
the word ‘‘make’’ and by removing the
word ‘‘Vega’’ and adding, in its place,
the word ‘‘Corvette;’’
■
■
3. Amend § 455.5 as follows:
a. In footnote 4, by removing the word
‘‘vendedor’’ and adding, in its place, the
word ‘‘concesionario;’’ and
■ b. By removing the current illustration
accompanying § 455.5 and adding, in its
place, the following illustration:
■
■
IV. Conclusion
Accordingly, after review of the
public comments, the Commission has
§ 455.5
17 76 FR 144 (Jan. 3, 2011); 75 FR 62538 (Oct. 12,
2010).
18 OMB Control No. 3084–0108 (exp. Feb. 28,
2014).
19 Dealers may use remaining stocks of existing
Spanish Buyers Guides.
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*
Spanish language sales.
*
*
*
*
BILLING CODE 6750–01–P
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
VerDate Mar<15>2010
II! III nil
73915
ER12DE12.012</GPH>
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012–29901 Filed 12–11–12; 8:45 am]
BILLING CODE 6750–01–C
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1125]
emcdonald on DSK67QTVN1PROD with
RIN 1625–AA11
Regulated Navigation Area; S99 Alford
Street Bridge Rehabilitation Project,
Mystic River, MA
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
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Jkt 229001
The Coast Guard is reinstating
a regulated navigation area (RNA) that
was promulgated to protect the public
against hazardous conditions created by
repair work on the S99 Alford Street
Bridge across the Mystic River between
Boston and Chelsea, Massachusetts. The
original RNA terminates on November
30, 2012 and must be reinstated because
repair work is continuing beyond that
date. This rule promotes the Coast
Guard’s maritime safety and
stewardship missions.
DATES: This rule is effective in the CFR
on December 12, 2012. This rule is
effective with actual notice for purposes
of enforcement from 11:59 p.m. on
November 30, 2012, through December
31, 2014. Public comments will be
accepted and reviewed by the Coast
Guard through December 31, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2011–1125. To view documents
mentioned in this preamble as being
SUMMARY:
PO 00000
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available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ Box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with the
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation, West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
If
you have questions on this temporary
rule, call or email Mr. Mark Cutter,
Coast Guard Sector Boston Waterways
Management Division, telephone 617–
223–4000, email
Mark.E.Cutter@uscg.mil; or Lieutenant
Isaac Slavitt, Coast Guard First District
Waterways Management Branch,
telephone 617–223–8385, email
Isaac.M.Slavitt@uscg.mil. If you have
questions on viewing the docket, call
FOR FURTHER INFORMATION CONTACT:
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ER12DE12.013</GPH>
73916
]]>Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73912-73916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29901]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 455
Used Motor Vehicle Trade Regulation Rule
AGENCY: Federal Trade Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has
completed its regulatory review of its Used Motor Vehicle Trade
Regulation Rule (``Used Car Rule'' or ``Rule'') as part of the FTC's
systematic review of all current Commission regulations and guides. The
Commission has decided to retain the Rule and to issue this final rule
making nonsubstantive revisions to the Spanish translation of the Used
Car Buyers Guide and nonsubstantive technical changes to the Rule. The
revisions to the Spanish translation were published for public comment
when the Commission announced its regulatory review of the Rule.
DATES: Effective Date: This rule is effective on February 11, 2013.
ADDRESSES: Requests for copies of this document should be sent to:
Public Records Branch, Room 130, Federal Trade Commission, 600
Pennsylvania Avenue NW., Washington, DC 20580. This document, and
public records related to the FTC's regulatory review, are also
available at that address and at www.ftc.gov.
[[Page 73913]]
FOR FURTHER INFORMATION CONTACT: John C. Hallerud, Attorney, Midwest
Region, Federal Trade Commission, 55 West Monroe, Suite 1825, Chicago,
Illinois 60603, (312) 960-5634.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission promulgated the Used Car Rule in 1984 and the Rule
became effective in 1985.\1\ The Used Car Rule is intended primarily to
prevent oral misrepresentations and unfair omissions of material facts
by used car dealers concerning warranty coverage. To accomplish that
goal, the Rule provides a uniform method for disclosing warranty
information on a window sticker called the ``Buyers Guide'' that
dealers are required to display on used cars. The Rule requires used
car dealers to disclose on the Buyers Guide whether they are offering a
used car for sale with a dealer's warranty and, if so, the basic terms,
including the duration of coverage, the percentage of total repair
costs to be paid by the dealer, and the exact systems covered by the
warranty. The Rule additionally provides that the Buyers Guide
disclosures are to be incorporated by reference into the sales
contract, and are to govern in the event of an inconsistency between
the Buyers Guide and the sales contract.
---------------------------------------------------------------------------
\1\ 49 FR 45692 (Nov. 19, 1984).
---------------------------------------------------------------------------
Among other information, the Buyers Guide includes: (1) A
suggestion that consumers ask the dealer if a pre-purchase inspection
is permitted; (2) a warning against reliance on spoken promises that
are not confirmed in writing; and (3) a list of fourteen major systems
of a used motor vehicle and the major defects that may occur in these
systems.
The Rule prescribes Spanish language versions of the Buyers Guide
when dealers conduct sales in Spanish.\2\ In 1995, as part of its
periodic review, the Commission amended the Used Car Rule by,\3\ among
other things, adopting several minor grammatical changes to the Spanish
language version of the Buyers Guide.
---------------------------------------------------------------------------
\2\ 16 CFR 455.5.
\3\ 60 FR 62195 (Dec. 5, 1995).
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II. Analysis
On July 21, 2008, the Commission announced in the Federal Register
its regulatory review of the Rule as part of the FTC's systematic
review of its rules and guides.\4\ The Commission has decided to retain
the Rule, to revise the Spanish translation of the Buyers Guide as
proposed in that Federal Register document, and to make three
nonsubstantive technical changes to the text of the Rule.
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\4\ 73 FR 42285 (July 21, 2008). In a separate Federal Register
document, the Commission is publishing a notice of proposed
rulemaking (``NPR'') addressing the comments received during its
review and inviting public comment on whether to amend the Rule and
to revise the Buyers Guide. The NPR seeks comments on, among other
things, adding a statement, in Spanish, to the English Buyers Guide
suggesting that Spanish-speaking consumers who cannot read the
English Buyers Guide ask for a copy of it in Spanish.
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A. Changes to Spanish Translation of Buyers Guide
During the regulatory review, the Commission received one comment
favoring the translation changes,\5\ and none opposing them. The
Commission received two comments recommending that the Rule require
translations of the Buyers Guide into the language used to conduct the
sale.\6\ Two comments state that the Buyers Guide should not be
translated into Spanish.\7\
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\5\ Joint letter from the Consumer Action, Consumers for Auto
Reliability and Safety, Consumer Federation of America, Consumer
Federation of California, National Consumer Law Center, U.S. Public
Interest Group, Watsonville Law Center (collectively referred to as
``CARS,'' which signed the joint letter) at 31-35 (page numbers
added for convenience). The comment from CARS and other comments
that were received by the Commission in response to the regulatory
review are available at https://www.ftc.gov/os/comments/usedcarrule/index.shtm. Additional comments on the regulatory review, submitted
during a second comment period, are available at https://www.ftc.gov/os/comments/usedcarrulereopen/index.shtm.
The comment from CARS also proposes numerous corrections to the
Spanish translation, such as correcting missing accents and
typographical errors. These errors appeared in the Spanish Buyers
Guide available on the FTC's Web site, but were not part of the
amended Spanish Buyers Guide that was adopted by the Commission and
published in the Federal Register in 1995. After receiving the CARS
comment, the FTC Web site version of the Buyers Guide was corrected.
The current Federal Register notice document incorporates those
changes and makes the additional translation revisions described in
this document.
\6\ CARS at 24-25; Broward County, Florida, Permitting,
Licensing and Consumer Protection Division at 7 (Sept. 19, 2008).
\7\ Sachau, Barbara (consumer) (July 21, 2008); King, Monty
(Oregon Vehicle Dealer Association) (Aug. 27, 2008).
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During the original 1984 rulemaking, the Commission chose to
translate the Buyers Guide only into Spanish. At that time, the
Commission considered whether to require a translation of the Buyers
Guide into the language used to conduct a used car sale.\8\ The
Commission concluded that such a requirement could result in
translations of the Buyers Guides of varying linguistic quality and
accuracy unless the Commission published official translations of the
Buyers Guide into the various languages used in the United States.\9\
The Commission decided to limit the translation of the Buyers Guide to
Spanish because, besides English, Spanish is the language most
frequently used in the United States during used car transactions.\10\
The Commission sees no reason to revisit its earlier decision and
declines to propose requiring translations of the Buyers Guide into
languages other than English and Spanish.
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\8\ Trade Regulation Rule Concerning Used Motor Vehicles,
Statement of Basis and Purpose and Regulatory Analysis (``SBP''), 49
FR 45692, at 45711 (1984).
\9\ Id.
\10\ Id.
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B. Technical Revisions to the Rule
The Commission is also making three minor nonsubstantive changes to
the Rule. First, the Commission is correcting a typographical error by
changing ``diffential'' to ``differential'' in 16 CFR 455.2(b)(2)(ii).
Second, the Commission is correcting the terminology used in 16 CFR
455.2(d) by changing the term ``name'' to ``make.'' Finally, the
Commission is changing the example of an automobile make in 16 CFR
455.2(d) from ``Vega'' to ``Corvette'' because the Vega has not been
manufactured since 1977.
III. Procedural Requirements
A. Administrative Procedure Act
Section 1029(d) of Title X of the Dodd-Frank Wall Street Reform and
Consumer Protection Act \11\ authorizes the Commission to use
Administrative Procedure Act \12\ procedures to issue or amend rules
with respect to motor vehicle dealers predominantly engaged in the sale
and servicing, or leasing and servicing, of motor vehicles. Pursuant to
this authority, the Commission is implementing several technical
amendments to the Used Car Rule.
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\11\ Public Law 111-203, Title X, Sec. 1029(d); 12 U.S.C.
5519(d).
\12\ 5 U.S.C. 553.
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The Commission finds good cause to adopt these changes without
further public comment. Under the APA, notice and comment are not
required ``when the agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefore in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' \13\
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\13\ 5 U.S.C. 553(b)(3)(B).
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In this case, the Commission finds that additional public comment
on the rule is unnecessary because the Commission has already provided
an opportunity for public comment on these revisions to the Spanish
[[Page 73914]]
translation of the Buyers Guide. Specifically, the Commission requested
public comment on these revisions to the Spanish translation of the
Buyers Guide as part of its regulatory review of the Buyers Guide. See
73 FR 42285. In response to the Commission's request for comment on
these proposed changes, the Commission received one comment favoring
the translation changes,\14\ and no comments opposing the changes.
Accordingly, the Commission has determined that the public has had
sufficient opportunity to comment on the proposed changes. As a result,
additional opportunity for public comment is unnecessary.
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\14\ Joint letter from CARS, at 31-35.
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Moreover, additional public comment is unnecessary because the
changes are merely nonsubstantive revisions to ensure the clarity and
accuracy of the translation of the Buyers Guide. The Commission finds
that these technical, nonsubstantive changes are minor, routine
clarifications of the text of the Spanish translation that will not
have a significant effect on industry or the public, and therefore
additional public comment is unnecessary.
Accordingly, the Commission finds that there is good cause for
adopting this final rule as effective on February 11, 2013.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA'') requires an agency to
provide a Final Regulatory Flexibility Act Analysis (``FRFA'') when
promulgating a final rule that cannot be promulgated without publishing
a proposed rulemaking.\15\ An FRFA is not necessary if a general notice
of proposed rulemaking is not required for promulgation or if the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities.\16\
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\15\ 5 U.S.C. 604(a).
\16\ Id.
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The Commission anticipates that the final Rule will not have a
significant economic impact on a substantial number of small entities.
The amended Rule, like the current Used Car Rule, does not contain
reporting or recordkeeping requirements, but does require that dealers
disclose certain information. The amended Rule requires only that
dealers use a revised Spanish Buyers Guide when conducting sales in
Spanish. The amended Rule does not impose additional recordkeeping
requirements or change the information that dealers themselves must
disclose on the Buyers Guide. Dealers will experience only an initial
cost in obtaining revised Spanish Buyers Guides and will be permitted
to use existing stocks of Spanish Buyers Guides. As such, the economic
impact of the Rule will be minimal.
This document serves as notice to the Small Business Administration
(``SBA'') of the agency's certification of no significant economic
impact on a substantial number of small entities.
C. Paperwork Reduction Act
The final Rule revises the Spanish translation of the Buyers Guide
that the Used Car Rule requires used car dealers to display. The final
Rule does not require dealers to disclose additional information that
they are not already required to provide under the current Rule. Thus,
the final Rule does not give rise to changes in the FTC's previously
submitted and approved ``collection of information'' requirements and
related Paperwork Reduction Act burden analysis for public comment \17\
and cleared by the Office of Management and Budget.\18\
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\17\ 76 FR 144 (Jan. 3, 2011); 75 FR 62538 (Oct. 12, 2010).
\18\ OMB Control No. 3084-0108 (exp. Feb. 28, 2014).
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D. Regulatory Analysis
Section 22 of the FTC Act, 15 U.S.C. 57b, requires the Commission
to issue a preliminary regulatory analysis when promulgating a final
rule amending a rule if the Commission: (1) Estimates that the
amendment will have an annual effect on the national economy of
$100,000,000 or more; (2) estimates that the amendment will cause a
substantial change in the cost or price of certain categories of goods
or services; or (3) otherwise determines that the amendment will have a
significant effect upon covered entities or consumers.
A final regulatory analysis is not necessary because the Commission
has determined that these amendments to the Used Car Rule will not have
such an annual effect on the national economy, on the cost or prices of
goods or services sold by used car dealers, or on covered businesses or
consumers. Commission staff estimates that each business affected by
the final Rule will likely incur only minimal initial added compliance
costs as dealers obtain revised Spanish Buyers Guides.
IV. Conclusion
Accordingly, after review of the public comments, the Commission
has determined to amend 16 CFR 455.5 by translating the term ``dealer''
into Spanish as ``concesionario'' in footnote 4 of the rule and in the
accompanying illustration of the Spanish Buyers Guide. The Commission
is also revising the translation of certain other terms in the Guide as
follows: ``regardless of'' shall be translated as ``independientemente
de''; ``Frame-cracks'' shall be translated as ``Grietas en el chasis'';
``Cooling System'' shall be translated as ``Sistema de enfriamiento'';
``Air conditioner'' shall be translated as ``Aire acondicionado'';
``Defroster'' shall be translated as ``Desempa[ntilde]ador''; and ``Not
enough pedal reserve'' shall be translated as ``Distancia insuficiente
del pedal.'' \19\ Finally, the Commission is amending the Rule by
making the three nonsubstantive textual revisions described in Section
II.B. above.
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\19\ Dealers may use remaining stocks of existing Spanish Buyers
Guides.
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List of Subjects in 16 CFR Part 455
Motor vehicles, Trade practices.
Accordingly, for the reasons stated above, the Federal Trade
Commission amends part 455 of title 16 of the Code of Federal
Regulations as follows:
PART 455--USED MOTOR VEHICLE TRADE REGULATION RULE
0
1. Revise the authority citation for part 455 to read as follows:
Authority: 15 U.S.C. 2309; 15 U.S.C. 41-58.
Sec. 455.2 [Amended]
0
2. Revise Sec. 455.2 as follows:
0
a. In paragraph (b)(2)(ii), by removing the word ``diffential'' and
adding, in its place, the word ``differential;''
0
b. In paragraph (d), by removing the word ``name'' and adding, in its
place, the word ``make'' and by removing the word ``Vega'' and adding,
in its place, the word ``Corvette;''
0
3. Amend Sec. 455.5 as follows:
0
a. In footnote 4, by removing the word ``vendedor'' and adding, in its
place, the word ``concesionario;'' and
0
b. By removing the current illustration accompanying Sec. 455.5 and
adding, in its place, the following illustration:
Sec. 455.5 Spanish language sales.
* * * * *
BILLING CODE 6750-01-P
[[Page 73915]]
[GRAPHIC] [TIFF OMITTED] TR12DE12.012
[[Page 73916]]
[GRAPHIC] [TIFF OMITTED] TR12DE12.013
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-29901 Filed 12-11-12; 8:45 am]
BILLING CODE 6750-01-C
