Request for Comments Concerning Guides for the Feather and Down Products Industry

FEDERAL TRADE COMMISSION

16 CFR Part 253

Request for Comments Concerning Guides for the Feather and Down

Products Industry

agency: Federal Trade Commission.

action: Request for public comments.

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

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

requesting public comments on its Guides for the Feather and Down

Products Industry. The Commission is also requesting comments about the

overall costs and benefits of the guides, and their overall regulatory

and economic impact, as a part of its systematic review of all current

Commission regulations and guides.

dates: Written comments will be accepted until June 14, 1994.

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

Commission, room H-159, Sixth Street and Pennsylvania Ave., NW.,

Washington, DC 20580. Comments about the Guides for the Feather and

Down Products Industry should be identified as ``16 CFR part 253--

Comment.''

for further information contact: Alice Au, Attorney, Federal Trade

Commission, New York Regional Office, 150 William Street, 13th Floor,

New York, NY 10038, (212) 264-1210.

supplementary information: The Commission has determined, as part of

its oversight responsibilities, to review rules and guides

periodically. These reviews will seek information about the costs and

benefits of the Commission's rules and guides and their regulatory and

economic impact. The information obtained will assist the Commission in

identifying rules and guides that warrant modification or recision.

At this time, the Commission solicits written public comments

concerning the Commission's Guides for the Feather and Down Products

Industry.

These guides, like the 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. They provide the basis

for voluntary and simultaneous abandonment of unlawful practices by

members of industry.'' 16 CFR 1.5. Conduct inconsistent with the guides

may result in corrective action by the Commission under applicable

statutory provisions. The Commission promulgates industry guides ``when

it appears to the Commission that guidance as to the legal requirements

applicable to particular practices would be beneficial in the public

interest and would serve to bring about more widespread and equitable

observance of laws administered by the Commission.'' 16 CFR 1.6.

The Guides for the Feather and Down Products Industry concern

acceptable and unacceptable claims for advertising, labeling, and sale

of pillows, cushions, comforters, sleeping bags, wearing apparel, and

similar products which are wholly or partially filled with feathers or

down, and all bulk stocks of processed feathers or down intended for

use or used in the manufacturer of such products. The guides address

the use of trade names, symbols, and depictions; the disclosure of

filling material on labels and in advertisements; the tolerances in

filling material; the labeling of products using crushed and damaged

feathers; the disclosure of the use of secondhand filling material; the

cleanliness of filling material; and the disclosure as to size of

feather and down products.

If the Commission elects to retain the guides after conducting this

review, it intends to update certain terms to reflect policy changes

that have occurred since the guides were revised in 1971. The phase

``capacity and tendency or effect of misleading or deceiving'' in

Secs. 253.2, 253.3, and 253.4 would be changed to conform with the

language regarding deception that is set forth in Cliffdale Associates,

Inc., 103 F.T.C. 110 (1984), and subsequent cases. Further, the guides

refer to Federal Standard 148a, ``Classification, Identification, and

Testing of Feather Filling Material,'' dated December 10, 1964, which

was amended on September 14, 1965 and October 25, 1968. Future

reference to Federal Standard 148a will include citation to the two

amendments.

Section 253.11 of the guides, relating to ``Disclosure as to

size,'' includes an example of a proper representation of size

description. Currently, this example is expressed in terms of inches.

Under Executive Order 12770 of July 25, 1991, and the Metric Conversion

Act, as amended by the Omnibus Trade and Competitiveness Act, all

federal agencies are required to use the SI metric system of

measurement in all procurement, grants, and other business-related

activities (which include rulemakings), except to the extent that such

use is impractical or is likely to cause significant inefficiencies or

loss of markets to United States firms. To comply with these

provisions, should the Commission elect to retain the guides after

conducting this review, the example in the guides will be altered to

include the metric equivalent in parentheses beside the English

measurements. Thus, the measurements in the example would be revised to

read: ``Finished Size 21'' x 27'' (53 cm x 68 cm) (Cut Size 2'' x

28'' (55 cm x 71 cm))''. This is a technical amendment to an

illustrative example in the guides rather than a substantive amendment

to the guides. It is not intended to create any new requirement under

the guides to use metric or to use metric in any particular fashion

(for example, in hundredths of centimeters).

Accordingly, the Commission solicits public comments on the

following questions:

(1) Is there a continuing need for the guides?

(a) What benefits have the guides provided to purchasers of the

products or services affected by the guides?

(b) Have the guides imposed costs on purchasers?

(2) What changes, if any, should be made to the guides to increase

the benefits of the guides to purchasers?

(a) How would these changes affect the costs the guides impose on

firms subject to their requirements?

(3) What significant burdens or costs, including costs of

adherence, have the guides imposed on firms subject to their

requirements?

(a) Have the guides provided benefits to such firms?

(4) What changes, if any, should be made to the guides to reduce

the burden or costs imposed on firms subject to their requirements?

(a) How would these changes affect the benefits provided by the

guides?

(5) Do the guides overlap or conflict with other federal, state, or

local laws or regulations?

(6) Since the guides were issued, what effects, if any, have

changes in relevant technology or economic conditions had on the

guides?

(7) Is there a continuing need for Sec. 253.4 ``Misuse of the term

`Tan-O-Quil-QM'''?

(8) Are changes needed and appropriate for Sec. 253.6 ``Tolerances

in filling material''? Explain why there should or should not be

changes to the current tolerances.

(9) Are there testing methods that are viable alternatives to the

testing methods in Federal Standard 148a, ``Classification,

Identification, and Testing of Feather Filling Material''? Should the

current testing methods be changed?

List of Subjects in 16 CFR 253

Advertising, Labeling, Filling Material, Trade Practices.

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

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 94-9137 Filed 4-14-94; 8:45 am]

BILLING CODE 6750-01-M