Trade Regulation Rule Concerning Deception as to Non-Prismatic and Partially Prismatic Instruments Being Prismatic Binoculars

FEDERAL TRADE COMMISSION

16 CFR Part 402

Trade Regulation Rule Concerning Deception as to Non-Prismatic

and Partially Prismatic Instruments Being Prismatic Binoculars

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Federal Trade Commission (the ``Commission'') proposed to

repeal its Trade Regulation Rule entitled ``Deception as to Non-

Prismatic and Partially Prismatic Instruments Being Prismatic

Binoculars'' (``Binocular Rule''), 16 C.F.R. part 402. The proceeding

will address whether the Binocular Rule should be repealed or remain in

effect. The Commission is soliciting written comment, data, and

arguments concerning this proposal.

DATES: Written comments must be submitted on or before June 22, 1995.

ADDRESSES: Written comments should be identified as ``16 CFR Part 402''

and sent to Secretary, Federal Trade Commission, Room 159, Sixth Street

and Pennsylvania Ave., N.W., Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Phillip S. Priesman, Attorney, Federal Trade Commission, Division of

Advertising Practices, Bureau of Consumer Protection, Washington, D.C.

20580. (202) 326-2484.

SUPPLEMENTARY INFORMATION:

Part A--Background Information

This notice is being published pursuant to Section 18 of the

Federal Trade Commission (``FTC'') Act, 15 U.S.C. 57a et seq., the

provisions of Part 1, Subpart B of the Commission's Rules of Practice,

16 CFR 1.7, and 5 U.S.C. 551 et seq. This authority permits the

Commission to promulgate, modify, and repeal trade regulation rules

that define with specificity acts or practices that are unfair or

deceptive in or affecting commerce within the meaning of Section

5(a)(1) of the FTC Act, 15 U.S.C. 45.

The Binocular Rule was published in final form in the Federal

Register on June 5, 1964, and became effective on December 2, 1964. The

Rule requires a clear and conspicuous disclosure on any advertising or

packaging for non-prismatic or partially prismatic binoculars that the

instruments are not fully prismatic. Fully prismatic binoculars rely on

a prism within the instrument to reverse the visual image entering the

lens so that it appears right-side up to the user. Other binoculars

rely partially or entirely on mirrors to reverse the visual image. When

the rule was promulgated, the Commission was concerned that consumers

could be misled into believing that non-prismatic binoculars were in

fact prismatic, absent such a disclosure.

To prevent consumer deception, the rule proscribed the use of the

term ``binocular'' to describe anything other than a fully prismatic

instrument, unless the term was modified to indicate the true nature of

the item. Under the Rule, non-prismatic instruments could be identified

as binoculars only if they incorporated a descriptive term such as

``binocular-nonprismatic,'' ``binocular-mirror prismatic,'' or

``binocular-nonprismatic mirror.''

Part B--Objectives

As part of its continuing review of its trade regulation rules to

determine their current effectiveness and impact, the Commission

recently obtained information bearing on the need for this Rule.\1\ The

objective of this notice is to solicit comment on whether the

Commission should initiate a rulemaking proceeding to repeal the

Binocular Rule.

\1\ In a memorandum to all federal departments and agencies

dated March 4, 1995, the President requested all agencies to review

their regulations and to initiate proceedings to eliminate those

they determined were obsolete or unnecessary. In 1992, the

Commission adopted a plan to review all its rules and guides at

least once during a ten-year period. In response to the President's

request, the Commission accelerated its scheduled review of certain

rules to identify any that might be appropriate candidates for

repeal or amendment.

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Part C--Alternative Actions

The Commission will consider alternatives to repealing the

Binocular Rule if the comments indicate that the [[Page 27242]] Rule

continues to serve its original purpose.

Part D--Request for Comments

Members of the public are invited to comment on any issues or

concerns they believe are relevant or appropriate to the Commission's

review of the Binocular Rule. The Commission requests that factual data

upon which the comments are based be submitted with the comments. In

this section, the Commission identifies the issues on which it solicits

public comment. The identification of issues is designed to assist the

public and should not be construed as a limitation on the issues on

which public comment may be submitted.

Questions

(1) Is any manufacturer currently manufacturing non-prismatic or

partially-prismatic binoculars?

(2) Is any individual or business entity currently marketing non-

prismatic or partially-prismatic binoculars?

(3) Do any retail stores or suppliers still maintain stocks of non-

prismatic or partially-prismatic binoculars?

(4) What benefits do consumers derive from the Rule?

(5) Should the Rule be kept in effect or should it be repealed?

Authority: Section 18(d)(2)(B) of the Federal Trade Commission

Act, 15 U.S.C. 57a(d)(2)(B).

List of Subjects in 16 CFR Part 417

Binoculars, Trade practices.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95-12583 Filed 5-22-95; 8:45 am]

BILLING CODE 6750-01-M