Request For Comments Concerning a Study of Federal-State Cooperation

FEDERAL TRADE COMMISSION

Request For Comments Concerning a Study of Federal-State

Cooperation

agency: Federal Trade Commission.

action: Request for public comments.

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summary: The Federal Trade Commission (the ``Commission'') is

conducting a study mandated by Section 13 of the Federal Trade

Commission Act Amendments of 1994, Public Law 103-312, which requires

that the Commission review ``its statutory responsibilities to identify

those matters within its jurisdiction where Federal enforcement is

particularly necessary or desirable and those areas that might more

effectively be enforced at the State or local level.'' The Commission

requests public comment concerning these issues.

dates: Written comments will be accepted until October 27, 1994.

addresses: Comments should be directed to: Secretary, Federal Trade

Commission, Room H-159, Sixth and Pennsylvania Ave., NW., Washington,

DC 20580.

for further information contact: Elaine D. Kolish, Assistant Director,

Division of Enforcement, Bureau of Consumer Protection, (202) 326-3042,

or Joan S. Greenbaum, Associate Director for Regions, Bureau of

Competition, (202) 326-2629, Federal Trade Commission, Washington, DC

20580.

supplementary information: The Federal Trade Commission Act Amendments

of 1994 became law on August 26, 1994. Public Law 103-312, 108 Stat.

1691. Section 13 directs the Commission, within six months of the

bill's enactment, to transmit to the Committee on Commerce, Science and

Transportation of the Senate and the Committee on Energy and Commerce

of the House of Representatives a report on Federal-State Cooperation.

The report is ``to identify those matters within [The Commission's]

jurisdiction where Federal enforcement is particularly necessary or

desirable and those areas that might more effectively be enforced at

the State or local level.'' In conducting this review, the Commission

is directed to ``consider the resources available to the Commission and

the States, as well as particular rules that have been promulgated by

the Commission.'' In addition, the Commission must ``consider such

other issues as will result in more efficient implementation of the

statutory responsibilities of the Commission.''

Section 13 directs the Commission to ``consult with the attorneys

general of the States, representatives of consumers and industry, and

other interested parties.'' The Commission is issuing this Notice to

solicit written comments from interested members of the public on the

issues described above. Because the report must be transmitted to

Congress by February 27, 1995, the comment period is limited to 30

days.

Commission staff expects to hold informal meetings with persons and

groups interested in the topics to be addressed in the report. All

interested parties are nonetheless urged to file written comments,

because the staff may not be able to accommodate all of the interested

groups that wish to meet.

Comments should focus on areas of the Commission's enforcement

authority that might be implemented more effectively and efficiently by

altering the present manner in which enforcement activity is shared

between the Commission and State or local agencies. Specific areas of

interest include enforcement allocations respecting trade regulation

rules, deceptive marketing practices, deceptive advertising, consumer

credit and debt collection practices, and anticompetitive conduct that

primarily affects consumers within a particular State or local area

versus conduct that has primarily regional or national impact. In any

assessment of enforcement allocations in these areas, the impact on

resources available to the Commission and the States to carry out their

other law enforcement responsibilities should be considered. Comments

should discuss the basis for any recommendations, and describe any

statutory changes or changes in the Commission's rules that might be

necessary to implement the recommendations. Comments directed to

telemarketing practices should recognize that the statutory authority

of both the Commission and the States has recently been affected by the

Telemarketing and Consumer Fraud and Abuse Prevention Act, Public Law

103-297, 108 Stat. 1545 (Aug. 16, 1994).

The Commission anticipates that both the range and the analysis of

enforcement reallocation opportunities may differ with respect to the

Commission's consumer protection and competition missions. Therefore,

comments dealing specifically with the Commission's consumer protection

responsibilities should be segregated from comments dealing with the

Commission's maintaining competition responsibilities. Documents

containing the former should be titled ``Consumer Protection Comment;''

those containing the latter should be titled ``Maintaining Competition

Comment.''

By Direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 94-23877 Filed 9-26-94; 8:45 am]

BILLING CODE 6750-01-M