[Federal Register: August 25, 2003 (Volume 68, Number 164)]
[Proposed Rules]
[Page 50984-50985]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au03-10]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 50984]]
FEDERAL TRADE COMMISSION
16 CFR Part 228
Tire Advertising and Labeling Guides
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (``Commission'') requests public
comments about the overall costs and benefits of and the continuing
need for its Tire Advertising and Labeling Guides (``the Tire Guides''
or ``the Guides''), as part of the Commission's systematic review of
all current Commission regulations and guides.
DATES: Written comments will be accepted until October 24, 2003.
ADDRESSES: Mailed comments should be directed to: Secretary, Federal
Trade Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington,
DC 20580. Mailed comments should be identified as ``Tire Guides, 16 CFR
Part 228--Comment.'' E-mail comments will be accepted at
[tireguides@ftc.gov]. Those who comment by e-mail should give a mailing
address to which an acknowledgment can be sent.
FOR FURTHER INFORMATION CONTACT: David Plottner, Investigator, Federal
Trade Commission, 1111 Superior Avenue, Suite 200, Cleveland, Ohio
44114, telephone number (216) 263-3409, E-mail [dplottner@ftc.gov].
SUPPLEMENTARY INFORMATION:
I. Tire Advertising and Labeling Guides
The Commission first promulgated Trade Practice Rules for the Tire
Industry in 1936. It discarded those Rules as obsolete and adopted new
regulations in 1958. Subsequently, those regulations were folded into
complete Guides that became effective in January 1968. These 1968
Guides were revised slightly in 1994, with the addition of a provision
regarding retreaded tires. Otherwise the 1968 Guides have remained
unchanged.
Commission Guides, generally, constitute administrative
interpretations of Commission law and are administered by the
Commission for the guidance of the public in conducting its affairs in
conformity with legal requirements. Conduct inconsistent with the
Guides may result in corrective action by the Commission under
applicable statutory provisions.
The Tire Guides cover tires for use on ``passenger automobiles,
station wagons, and similar vehicles.'' They apply to manufacturers of
new vehicles, on which these tires are provided as original equipment,
and to those who manufacture, sell, distribute, or retread tires. The
Tire Guides address labeling, both permanent and removable;
advertising, including specific triggering terminology, performance
claims, deceptive pricing claims, and guarantee advertising; point-of-
sale disclosures regarding use, care and safety; and disclosures
relating to used, retreaded tires and snow tires.
II. Regulatory Review Program
The Commission has determined, as part of its oversight
responsibilities, to review rules and guides periodically. These
reviews seek information about the costs and benefits of the
Commission's rules and guides and their regulatory and economic impact.
The information obtained assists the Commission in identifying rules
and guides that warrant modification or rescission. The Commission
solicits comments on, among other things, the economic impact of and
the continuing need for the Tire Guides; possible conflict between the
Guides and state, local, or other federal laws; and the effect of any
technological, economic, or other industry changes on the Guides.
III. Request for Comment
The Commission solicits written public comments on the following
questions:
(1) Is there a continuing need for the Tire Guides?
(a) What benefits have the Guides provided to purchasers of the
products affected by the Guides?
(b) Have the Guides imposed costs on purchasers?
(c) How prevalent and widespread is voluntary compliance with the
Guides?
(d) Have other Federal regulatory initiatives rendered the Guides
unnecessary?
(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 following their suggestions?
(b) How would these changes affect the benefits to purchasers?
(3) What significant burdens or costs, including costs of
compliance, have the Guides imposed on firms following their
suggestions?
(a) Have the Guides provided benefits to such firms? If so, what
benefits?
(4) What changes, if any, should be made to the Guides to reduce
the burdens or costs imposed on firms following their suggestions?
(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?
(a) To what extent has/will NHTSA tire safety regulations and tire
quality grading standards regulations [49 CFR 567, 571, 574, 575, and
597] including those required by the Transportation Recall Enhancement,
Accountability, and Documentation (TREAD) Act of 2000 , Pub. L. 106--
414 supersede the need for this Guide or parts of this Guide?
(b) To what extent has the Magnuson-Moss Warranty Act, 15 U.S.C.
2301 et seq., and regulations promulgated pursuant to the Act, found at
16 CFR Parts 700-703 and Part 239, superseded the need for the Guides
or parts of the Guides?
(c) Have state consumer protection laws or regulations governing
tires, tire safety, tire price advertising, tire disposal, retreading,
or snow tires affected the need for the Guides or parts of the Guides?
(6) Since 1968 when the main provisions of the Guides were issued,
what effects, if any, have the following changes in relevant technology
or economic conditions had on the Guides:
(a) The recent increased sales of pickup trucks, sport utility
vehicles, and similar new vehicles, the tires of which may not be
covered by the Guides?
(b) The shift to radial tires (as opposed to the bias-ply tires
popular when the Guides were issued) in today's tire market?
(c) Changes in tire distribution or sales, including use of E-mail,
the Internet, Internet advertising or CD-ROM advertising.
[[Page 50985]]
(d) The declining market for retreaded passenger car tires.
(7) Are there any abuses occurring in the distribution, promotion,
sale or manufacture of tires that are not addressed by the Guides? If
so, what mechanisms should be explored to address such abuses (e.g.,
consumer education, industry self-regulation, Guide amendment)?
List of Subjects in 16 CFR Part 228
Advertising, Automobile tires, Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission, Commissioner Harbour not
participating.
Donald S. Clark,
Secretary.
[FR Doc. 03-21681 Filed 8-22-03; 8:45 am]
BILLING CODE 6750-01-P