82_FR_29379 82 FR 29256 - Trade Regulation Rule Concerning Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets

82 FR 29256 - Trade Regulation Rule Concerning Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 123 (June 28, 2017)

Page Range29256-29259
FR Document2017-13476

As part of its systematic review of all current FTC rules and guides, the Commission requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC's Trade Regulation Rule concerning Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets (``Rule'' or ``Picture Tube Rule'').

Federal Register, Volume 82 Issue 123 (Wednesday, June 28, 2017)
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Proposed Rules]
[Pages 29256-29259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13476]


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FEDERAL TRADE COMMISSION

16 CFR Part 410

RIN 3084-AB44


Trade Regulation Rule Concerning Deceptive Advertising as to 
Sizes of Viewable Pictures Shown by Television Receiving Sets

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
public comment.

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

SUMMARY: As part of its systematic review of all current FTC rules and 
guides, the Commission requests public comment on the overall costs, 
benefits, necessity, and regulatory and economic impact of the FTC's 
Trade Regulation Rule concerning Deceptive Advertising as to Sizes of 
Viewable Pictures Shown by Television Receiving Sets (``Rule'' or 
``Picture Tube Rule'').

DATES: Comments must be received on or before August 31, 2017.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write: ``16 CFR part 410--
Picture Tube Rule Review, File No. P174200'' on your comment, and file 
your comment online at https://ftcpublic.commentworks.com/ftc/picturetuberule by following the instructions on the web-based form. If 
you prefer to file your comment on paper, write ``16 CFR part 410--
Picture Tube Rule Review, Matter No. P174200'' on your comment and on 
the envelope, and mail your comment to the following address: Federal 
Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., 
Suite CC-5610 (Annex B), Washington, DC 20580, or deliver your comment 
to the following address: Federal Trade Commission, Office of the 
Secretary, Constitution Center, 400 7th Street SW.,

[[Page 29257]]

5th Floor, Suite 5610 (Annex B), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: John Andrew Singer, (202) 326-3234, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission promulgated the Picture Tube Rule in 1966,\1\ to 
prevent deceptive claims regarding television screens' size and 
encourage uniformity in measurement, thereby aiding comparison 
shopping. The Rule sets forth the appropriate means to disclose the 
method used to measure the dimensions of television screens.\2\ Under 
the Rule, marketers must base any representation of screen size on the 
horizontal dimension of the actual, viewable picture area unless they 
disclose the alternative method of measurement clearly and 
conspicuously, and in close proximity, to the size designation.\3\ The 
Rule also directs that marketers base the measurement on a single-plane 
basis, without taking into account any screen curvature.\4\ Finally, it 
includes examples of both proper and improper size representations.\5\
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    \1\ 31 FR 3342 (Mar. 3, 1966).
    \2\ 16 CFR 410.1.
    \3\ The Rule provides that ``any referenced or footnote 
disclosure of the manner of measurement by means of the asterisk or 
some similar symbol does not satisfy the `close connection and 
conjunction' requirement of this part.'' Id., Note 2.
    \4\ Id., Note 1.
    \5\ Id., Note 2.
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II. Regulatory Review Program

    The Commission reviews its rules and guides periodically to seek 
information about their costs and benefits, regulatory and economic 
impact, and general effectiveness in protecting consumers and helping 
industry avoid deceptive claims. These reviews assist the Commission in 
identifying rules and guides that warrant modification or rescission. 
The Commission last reviewed the Rule in 2006, retaining it 
unchanged.\6\ With this document, the Commission initiates a new 
review. It solicits comments on, among other things: The economic 
impact of and the continuing need for, the Rule; the Rule's benefits to 
consumers; and the burdens it places on industry, including small 
businesses. The Commission further solicits comments, and invites the 
submission of data, regarding how consumers understand dimension claims 
for televisions, including: Whether consumers understand the stated 
dimensions, whether the dimensions are limited to the set's viewable 
portion, and whether the dimensions are based on a single-plane 
measurement that does not include curvature in the set's screen.\7\ The 
Commission also solicits comments on whether advances in broadcasting 
and television technology, such as the introduction of curved screen 
display panels and changing aspect ratios (e.g., from the traditional 
4:3 to 16:9), create a need to modify the Rule. Finally, it requests 
comments regarding whether the Rule should address viewable screen size 
measurement reporting tolerances and rounding.
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    \6\ 71 FR 34247 (Jun. 14, 2006).
    \7\ In the 50 years since the Rule's adoption, marketers have 
come typically to advertise screen size based on a single-plane 
diagonal measurement of the screen's viewable portion. The 
Commission, infra, solicits comments and data on whether this 
practice is continuing with the relatively recently introduced 
curved display panel television sets.
---------------------------------------------------------------------------

III. Issues for Comment

    To aid commenters in submitting their comments, the Commission 
provides the following general regulatory review questions and specific 
questions related to the Picture Tube Rule. The Commission seeks 
comments on these and any other issues related to the Rule's current 
requirements. In their replies to each of these questions, commenters 
should provide any available evidence and data, such as empirical data, 
consumer perception studies, or consumer complaints, that support the 
positions asserted in their comments.

A. General Regulatory Review Questions

    (1) Need: Is there a continuing need for the Rule? Explain why or 
why not. Is there a need for a rule to address any unfair or deceptive 
acts or practices concerning television screen sizes or would case-by-
case enforcement be a better approach to addressing such practices?
    (2) Unnecessary Provisions: Are any specific provisions of the Rule 
no longer necessary? If so, identify these provisions and explain why 
they are unnecessary.
    (3) Benefits and Costs to Consumers: What benefits, if any, does 
the Rule provide to consumers, and does the Rule impose any significant 
costs on consumers?
    (4) Benefits and Costs to Industry Members: What benefits, if any, 
does the Rule provide to businesses, and does the Rule impose any 
significant costs, including compliance costs, on businesses, including 
small businesses?
    (5) Recommended Changes: What modifications, if any, should the 
Commission make to the Rule to increase its benefits or reduce its 
costs? Explain the specific modifications you propose and how they 
would affect the Rule's costs and benefits for consumers and 
businesses, particularly small businesses.
    (6) Impact on Information: What impact does the Rule have on the 
flow of truthful information to consumers and deceptive information to 
consumers?
    (7) Compliance: What is the degree of industry compliance with the 
Rule? Does this compliance level indicate that the Commission should 
modify the Rule? If so, explain why and how the Commission should do 
so.
    (8) Additional Unfair or Deceptive Practices: Are there unfair or 
deceptive practices not covered by the Rule occurring in the 
marketplace relating to the advertising and promotion of the viewable 
picture size of television set screens? If so: (a) Describe these 
practices and provide evidence of their existence; (b) state their 
prevalence; (c) state their impact on consumers; (d) explain what 
modifications the Commission should make to the Rule to eliminate such 
practices; and (e) explain how any modification would impact consumers 
and businesses, particularly small businesses.
    (9) Product Coverage: Should the Commission broaden the Rule to 
include products not currently covered? If so: (a) Identify these 
products; (b) describe the unfair or deceptive practices occurring 
regarding these products and provide evidence of these practices; (c) 
state the prevalence of these practices; (d) explain what modifications 
the Commission should make to the Rule to cover these practices; (e) 
explain how these modifications would eliminate these practices; and 
(f) explain how any modification would impact consumers and businesses, 
particularly small businesses.
    (10) Overlaps and Conflicts with, and Effects on, Other 
Requirements: Does the Rule overlap or conflict with other Federal, 
State, or local laws or regulations? If so: (a) Identify these laws or 
regulations; (b) describe how the Rule overlaps or conflicts; and (c) 
explain how the Commission should modify the Rule to eliminate or 
lessen such overlaps or conflicts. Additionally, are any modifications 
to the Rule necessary to assist state law enforcement agencies' efforts 
to combat deceptive or unfair practices in television set marketing? If 
so, explain what modifications the

[[Page 29258]]

Commission should make to the Rule and how they will assist these 
agencies.

B. Specific Questions Related to the Picture Tube Rule

    (1) Consumer Understanding of Screen Measurements Generally: What 
understanding do consumers have regarding television screen dimensions 
stated in advertisements, e.g., do they think the dimensions are 
diagonal, horizontal, or vertical; single or multi-plane; include only 
the viewable screen area? Submit evidence supporting your position.
    (2) The Rule's Default Screen Measurement Method: Should the Rule's 
default television set screen measurement method change, e.g., to the 
diagonal single-plane measurement of the viewable portion of a screen? 
If so: (a) Explain how, and why, the default screen measurement method 
should change; (b) explain whether the Commission should continue to 
require that, when a screen dimension stated in advertising is based 
upon anything but the default measurement method, the method used must 
be disclosed clearly and conspicuously, and in close proximity, to the 
dimension; (c) submit evidence supporting your position; and (d) 
explain how the default screen measurement method that you proposed in 
response to (a), supra, would impact consumers and businesses, 
particularly small businesses.
    (3) Curved Display Screens: Note 1 to the Rule directs that the 
viewable picture size of television set screens be measured on a 
single-plane basis, not taking into account any screen curvature. When 
the Commission originally promulgated this provision, television sets 
used cathode ray tubes with curved display screens. Today, television 
sets generally incorporate plasma, LED, OLED, and similar flat display 
screens, though some television sets have concave display screens. (a) 
Do consumers understand that stated dimensions are based on a single-
plane measurement that does not include curvature in the screen? Submit 
evidence supporting your position. (b) Does the use of curved screens 
affect how manufacturers and marketers measure and promote the viewable 
screen size of television sets? If so: (1) Identify and explain these 
effects; (2) explain how, if at all, the Commission should modify the 
Rule to address these effects; and (3) explain how any modification 
would impact consumers and businesses, particularly small businesses.
    (4) Measurement Reporting Tolerances and Rounding: The Rule does 
not address how to disclose the viewable screen size of television sets 
that do not, consistent with Note 2, measure precisely to an inch or 
100th of a centimeter measurement. In 2008, industry requested staff 
guidance on rounding because promotional material measurements were 
often off by up to \1/2\-inch to avoid waste in cutting glass from 
standard sheets. Staff advised, with the caveat that it did not speak 
for the Commission, that it was unlikely to recommend enforcement 
action based on an up to \1/2\-inch discrepancy, as long as marketers 
make clear that the larger number represents a class size and state the 
actual screen measurement, clearly and conspicuously, and in close 
proximity to the class size representation, e.g., 32'' Class, 31.75'' 
actual measurement. Explain: (a) How, if at all, the Commission should 
modify the Rule to address this issue; and (b) how any modification 
would impact consumers and businesses, particularly small businesses.
    (5) Aspect Ratios: Some television sets have viewing screens with a 
16:9 (1.77:1) aspect ratio rather than 4:3 (1.33:1) ratio. Do different 
aspect ratios affect how manufacturers and marketers measure and 
promote the viewable screen size of television sets? If so: (a) 
Identify how different aspect ratios change screen measurement and 
television set marketing; (b) explain how, if at all, the Commission 
should modify the Rule to address this issue; and (c) explain how any 
modification would impact consumers and businesses, particularly small 
businesses.
    (6) Technological or Economic Changes: Should the Commission 
otherwise modify the Rule to account for current or impending changes 
in technology or economic conditions that may affect television sets? 
If so: (a) Identify these changes; (b) explain how, if at all, the 
Commission should modify the Rule to address this issue; and (c) 
explain how any modifications would impact consumers and businesses, 
particularly small businesses.

IV. Request for Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before August 31, 2017. 
Write ``16 CFR part 410--Picture Tube Rule Review, File No. P174200'' 
on your comment. Your comment--including your name and your state--will 
be placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at http://www.ftc.gov/policy/public-comments.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/picturetuberule, by following the instructions on the web-based 
form. If this Notice appears at https://www.regulations.gov/#!home, you 
also may file a comment through that Web site.
    If you prefer to file your comment on paper, write ``16 CFR part 
410--Picture Tube Rule Review, File No. P174200'' on your comment and 
on the envelope, and mail your comment to the following address: 
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania 
Avenue NW., Suite CC-5610 (Annex B), Washington, DC 20580, or deliver 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, 
Suite 5610 (Annex B), Washington, DC 20024. If possible, submit your 
paper comment to the Commission by courier or overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://www.ftc.gov, you are solely responsible for making 
sure that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else's Social 
Security number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. You are also 
solely responsible for making sure that your comment does not include 
any sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 
16 CFR 4.10(a)(2)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c).

[[Page 29259]]

In particular, the written request for confidential treatment that 
accompanies the comment must include the factual and legal basis for 
the request, and must identify the specific portions of the comment to 
be withheld from the public record. See FTC Rule 4.9(c). Your comment 
will be kept confidential only if the General Counsel grants your 
request in accordance with the law and the public interest. Once your 
comment has been posted on the public FTC Web site--as legally required 
by FTC Rule 4.9(b)--we cannot redact or remove your comment from the 
FTC Web site, unless you submit a confidentiality request that meets 
the requirements for such treatment under FTC Rule 4.9(c), and the 
General Counsel grants that request.
    Visit the FTC Web site to read this Notice and the news release 
describing it. The FTC Act and other laws that the Commission 
administers permit the collection of public comments to consider and 
use in this proceeding, as appropriate. The Commission will consider 
all timely and responsive public comments that it receives on or before 
August 31, 2017. For information on the Commission's privacy policy, 
including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-13476 Filed 6-27-17; 8:45 am]
 BILLING CODE 6750-01-P



                                                 29256                 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules

                                                    (d) How would this modification                      Secretary, Constitution Center, 400 7th                Commission will consider all timely
                                                 affect the benefits to consumers?                       Street SW., 5th Floor, Suite 5610                      and responsive public comments that it
                                                    2. As discussed above, the Rule tracks               (Annex B), Washington, DC 20024. If                    receives on or before August 31, 2017.
                                                 the CAN–SPAM Act in prohibiting the                     possible, submit your paper comment to                 For information on the Commission’s
                                                 sending of commercial email to a                        the Commission by courier or overnight                 privacy policy, including routine uses
                                                 recipient more than ten business days                   service.                                               permitted by the Privacy Act, see
                                                 after the recipient opts out. Should the                   Because your comment will be placed                 https://www.ftc.gov/site-information/
                                                 Commission modify the Rule to reduce                    on the publicly accessible FTC Web site                privacy-policy.
                                                 the time-period for processing opt-out                  at https://www.ftc.gov, you are solely
                                                                                                                                                                  By direction of the Commission.
                                                 requests to less than ten business days?                responsible for making sure that your
                                                                                                                                                                Donald S. Clark,
                                                    (a) Why or why not?                                  comment does not include any sensitive
                                                    (b) What evidence supports such a                    personal information. In particular, your              Secretary.
                                                 modification?                                           comment should not include any                         [FR Doc. 2017–13471 Filed 6–27–17; 8:45 am]
                                                    (c) How would this modification                      sensitive personal information, such as                BILLING CODE 6750–01–P
                                                 affect the costs the Rule imposes on                    your or anyone else’s Social Security
                                                 businesses, including small businesses?                 number; date of birth; driver’s license
                                                    (d) How would this modification                      number or other state identification                   FEDERAL TRADE COMMISSION
                                                 affect the benefits to consumers?                       number, or foreign country equivalent;
                                                    3. Should the Commission modify the                  passport number, financial account                     16 CFR Part 410
                                                 Rule to specify additional activities or                number; or credit or debit card number.
                                                 practices that constitute aggravated                    You are also solely responsible for                    RIN 3084–AB44
                                                 violations?                                             making sure that your comment does
                                                    (a) Why or why not?                                  not include any sensitive health                       Trade Regulation Rule Concerning
                                                    (b) What evidence supports such a                    information, such as medical records or                Deceptive Advertising as to Sizes of
                                                 modification?                                           other individually identifiable health                 Viewable Pictures Shown by Television
                                                    (c) How would this modification                      information. In addition, your comment                 Receiving Sets
                                                 affect the costs the Rule imposes on                    should not include any ‘‘trade secret or               AGENCY: Federal Trade Commission.
                                                 businesses, including small businesses?                 any commercial or financial information
                                                    (d) How would this modification                                                                             ACTION:Advance notice of proposed
                                                                                                         which . . . is privileged or                           rulemaking (ANPR); request for public
                                                 affect the benefits to consumers?                       confidential’’—as provided in section                  comment.
                                                 IV. Request for Comment                                 6(f) of the FTC Act, 15 U.S.C. 46(f), and
                                                                                                         FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—                SUMMARY:   As part of its systematic
                                                    You can file a comment online or on                  including in particular competitively                  review of all current FTC rules and
                                                 paper. For the Commission to consider                   sensitive information such as costs,                   guides, the Commission requests public
                                                 your comment, we must receive it on or                  sales statistics, inventories, formulas,               comment on the overall costs, benefits,
                                                 before August 31, 2017. Write ‘‘CAN–                    patterns, devices, manufacturing                       necessity, and regulatory and economic
                                                 SPAM Rule, 16 CFR part 316, Project                     processes, or customer names.                          impact of the FTC’s Trade Regulation
                                                 No. R711010,’’ on your comment. Your                       Comments containing material for                    Rule concerning Deceptive Advertising
                                                 comment—including your name and                         which confidential treatment is                        as to Sizes of Viewable Pictures Shown
                                                 your state—will be placed on the public                 requested must be filed in paper form,                 by Television Receiving Sets (‘‘Rule’’ or
                                                 record of this proceeding, including, to                must be clearly labeled ‘‘Confidential,’’              ‘‘Picture Tube Rule’’).
                                                 the extent practicable, on the public                   and must comply with FTC Rule 4.9(c).
                                                 Commission Web site, at https://                                                                               DATES: Comments must be received on
                                                                                                         In particular, the written request for
                                                 www.ftc.gov/policy/public-comments.                     confidential treatment that accompanies                or before August 31, 2017.
                                                    Postal mail addressed to the                         the comment must include the factual                   ADDRESSES: Interested parties may file a
                                                 Commission is subject to delay due to                   and legal basis for the request, and must              comment online or on paper, by
                                                 heightened security screening. As a                     identify the specific portions of the                  following the instructions in the
                                                 result, we encourage you to submit your                 comment to be withheld from the public                 Request for Comment part of the
                                                 comments online. To make sure that the                  record. See FTC Rule 4.9(c). Your                      SUPPLEMENTARY INFORMATION section
                                                 Commission considers your online                        comment will be kept confidential only                 below. Write: ‘‘16 CFR part 410—Picture
                                                 comment, you must file it at: https://                  if the General Counsel grants your                     Tube Rule Review, File No. P174200’’
                                                 ftcpublic.commentworks.com/ftc/                         request in accordance with the law and                 on your comment, and file your
                                                 canspamrulereview, by following the                     the public interest. Once your comment                 comment online at https://
                                                 instructions on the web-based form. If                  has been posted on the public FTC Web                  ftcpublic.commentworks.com/ftc/
                                                 this Notice appears at https://                         site—as legally required by FTC Rule                   picturetuberule by following the
                                                 www.regulations.gov/#!home, you also                    4.9(b)—we cannot redact or remove                      instructions on the web-based form. If
                                                 may file a comment through that Web                     your comment from the FTC Web site,                    you prefer to file your comment on
                                                 site.                                                   unless you submit a confidentiality                    paper, write ‘‘16 CFR part 410—Picture
                                                    If you prefer to file your comment on                request that meets the requirements for                Tube Rule Review, Matter No. P174200’’
                                                 paper, write ‘‘CAN–SPAM Rule, 16 CFR                    such treatment under FTC Rule 4.9(c),                  on your comment and on the envelope,
                                                 part 316, Project No. R711010’’ on your                 and the General Counsel grants that                    and mail your comment to the following
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 comment and on the envelope, and mail                   request.                                               address: Federal Trade Commission,
                                                 your comment to the following address:                     Visit the FTC Web site to read this                 Office of the Secretary, 600
                                                 Federal Trade Commission, Office of the                 document and the news release                          Pennsylvania Avenue NW., Suite CC–
                                                 Secretary, 600 Pennsylvania Avenue                      describing it. The FTC Act and other                   5610 (Annex B), Washington, DC 20580,
                                                 NW., Suite CC–5610 (Annex B),                           laws that the Commission administers                   or deliver your comment to the
                                                 Washington, DC 20580, or deliver your                   permit the collection of public                        following address: Federal Trade
                                                 comment to the following address:                       comments to consider and use in this                   Commission, Office of the Secretary,
                                                 Federal Trade Commission, Office of the                 proceeding as appropriate. The                         Constitution Center, 400 7th Street SW.,


                                            VerDate Sep<11>2014   14:38 Jun 27, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\28JNP1.SGM   28JNP1


                                                                         Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules                                            29257

                                                 5th Floor, Suite 5610 (Annex B),                         Whether consumers understand the                          (5) Recommended Changes: What
                                                 Washington, DC 20024.                                    stated dimensions, whether the                         modifications, if any, should the
                                                 FOR FURTHER INFORMATION CONTACT:   John                  dimensions are limited to the set’s                    Commission make to the Rule to
                                                 Andrew Singer, (202) 326–3234,                           viewable portion, and whether the                      increase its benefits or reduce its costs?
                                                 Attorney, Division of Enforcement,                       dimensions are based on a single-plane                 Explain the specific modifications you
                                                 Bureau of Consumer Protection, Federal                   measurement that does not include                      propose and how they would affect the
                                                 Trade Commission, 600 Pennsylvania                       curvature in the set’s screen.7 The                    Rule’s costs and benefits for consumers
                                                 Avenue NW., Washington, DC 20580.                        Commission also solicits comments on                   and businesses, particularly small
                                                 SUPPLEMENTARY INFORMATION:                               whether advances in broadcasting and                   businesses.
                                                                                                          television technology, such as the                        (6) Impact on Information: What
                                                 I. Background                                            introduction of curved screen display                  impact does the Rule have on the flow
                                                    The Commission promulgated the                        panels and changing aspect ratios (e.g.,               of truthful information to consumers
                                                 Picture Tube Rule in 1966,1 to prevent                   from the traditional 4:3 to 16:9), create              and deceptive information to
                                                 deceptive claims regarding television                    a need to modify the Rule. Finally, it                 consumers?
                                                 screens’ size and encourage uniformity                   requests comments regarding whether                       (7) Compliance: What is the degree of
                                                 in measurement, thereby aiding                           the Rule should address viewable screen                industry compliance with the Rule?
                                                 comparison shopping. The Rule sets                       size measurement reporting tolerances                  Does this compliance level indicate that
                                                 forth the appropriate means to disclose                  and rounding.                                          the Commission should modify the
                                                 the method used to measure the                                                                                  Rule? If so, explain why and how the
                                                 dimensions of television screens.2                       III. Issues for Comment
                                                                                                                                                                 Commission should do so.
                                                 Under the Rule, marketers must base                        To aid commenters in submitting                         (8) Additional Unfair or Deceptive
                                                 any representation of screen size on the                 their comments, the Commission                         Practices: Are there unfair or deceptive
                                                 horizontal dimension of the actual,                      provides the following general                         practices not covered by the Rule
                                                 viewable picture area unless they                        regulatory review questions and specific               occurring in the marketplace relating to
                                                 disclose the alternative method of                       questions related to the Picture Tube                  the advertising and promotion of the
                                                 measurement clearly and                                  Rule. The Commission seeks comments                    viewable picture size of television set
                                                 conspicuously, and in close proximity,                   on these and any other issues related to               screens? If so: (a) Describe these
                                                 to the size designation.3 The Rule also                  the Rule’s current requirements. In their              practices and provide evidence of their
                                                 directs that marketers base the                          replies to each of these questions,                    existence; (b) state their prevalence; (c)
                                                 measurement on a single-plane basis,                     commenters should provide any                          state their impact on consumers; (d)
                                                 without taking into account any screen                   available evidence and data, such as                   explain what modifications the
                                                 curvature.4 Finally, it includes                         empirical data, consumer perception                    Commission should make to the Rule to
                                                 examples of both proper and improper                     studies, or consumer complaints, that                  eliminate such practices; and (e) explain
                                                 size representations.5                                   support the positions asserted in their                how any modification would impact
                                                 II. Regulatory Review Program                            comments.                                              consumers and businesses, particularly
                                                    The Commission reviews its rules and                  A. General Regulatory Review Questions                 small businesses.
                                                 guides periodically to seek information                                                                            (9) Product Coverage: Should the
                                                                                                             (1) Need: Is there a continuing need                Commission broaden the Rule to
                                                 about their costs and benefits, regulatory               for the Rule? Explain why or why not.
                                                 and economic impact, and general                                                                                include products not currently covered?
                                                                                                          Is there a need for a rule to address any              If so: (a) Identify these products; (b)
                                                 effectiveness in protecting consumers                    unfair or deceptive acts or practices
                                                 and helping industry avoid deceptive                                                                            describe the unfair or deceptive
                                                                                                          concerning television screen sizes or                  practices occurring regarding these
                                                 claims. These reviews assist the                         would case-by-case enforcement be a
                                                 Commission in identifying rules and                                                                             products and provide evidence of these
                                                                                                          better approach to addressing such                     practices; (c) state the prevalence of
                                                 guides that warrant modification or                      practices?
                                                 rescission. The Commission last                                                                                 these practices; (d) explain what
                                                                                                             (2) Unnecessary Provisions: Are any                 modifications the Commission should
                                                 reviewed the Rule in 2006, retaining it
                                                                                                          specific provisions of the Rule no longer              make to the Rule to cover these
                                                 unchanged.6 With this document, the
                                                                                                          necessary? If so, identify these                       practices; (e) explain how these
                                                 Commission initiates a new review. It
                                                                                                          provisions and explain why they are                    modifications would eliminate these
                                                 solicits comments on, among other
                                                                                                          unnecessary.                                           practices; and (f) explain how any
                                                 things: The economic impact of and the
                                                 continuing need for, the Rule; the Rule’s                   (3) Benefits and Costs to Consumers:                modification would impact consumers
                                                 benefits to consumers; and the burdens                   What benefits, if any, does the Rule                   and businesses, particularly small
                                                 it places on industry, including small                   provide to consumers, and does the                     businesses.
                                                 businesses. The Commission further                       Rule impose any significant costs on                      (10) Overlaps and Conflicts with, and
                                                 solicits comments, and invites the                       consumers?                                             Effects on, Other Requirements: Does
                                                 submission of data, regarding how                           (4) Benefits and Costs to Industry                  the Rule overlap or conflict with other
                                                 consumers understand dimension                           Members: What benefits, if any, does the               Federal, State, or local laws or
                                                 claims for televisions, including:                       Rule provide to businesses, and does the               regulations? If so: (a) Identify these laws
                                                                                                          Rule impose any significant costs,                     or regulations; (b) describe how the Rule
                                                   1 31  FR 3342 (Mar. 3, 1966).                          including compliance costs, on                         overlaps or conflicts; and (c) explain
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                                                   2 16  CFR 410.1.                                       businesses, including small businesses?                how the Commission should modify the
                                                   3 The Rule provides that ‘‘any referenced or                                                                  Rule to eliminate or lessen such
                                                 footnote disclosure of the manner of measurement           7 In the 50 years since the Rule’s adoption,         overlaps or conflicts. Additionally, are
                                                 by means of the asterisk or some similar symbol          marketers have come typically to advertise screen      any modifications to the Rule necessary
                                                 does not satisfy the ‘close connection and               size based on a single-plane diagonal measurement
                                                 conjunction’ requirement of this part.’’ Id., Note 2.                                                           to assist state law enforcement agencies’
                                                                                                          of the screen’s viewable portion. The Commission,
                                                   4 Id., Note 1.
                                                                                                          infra, solicits comments and data on whether this
                                                                                                                                                                 efforts to combat deceptive or unfair
                                                   5 Id., Note 2.
                                                                                                          practice is continuing with the relatively recently    practices in television set marketing? If
                                                   6 71 FR 34247 (Jun. 14, 2006).                         introduced curved display panel television sets.       so, explain what modifications the


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                                                 29258                 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules

                                                 Commission should make to the Rule                      viewable screen size of television sets                   Postal mail addressed to the
                                                 and how they will assist these agencies.                that do not, consistent with Note 2,                   Commission is subject to delay due to
                                                                                                         measure precisely to an inch or 100th of               heightened security screening. As a
                                                 B. Specific Questions Related to the
                                                                                                         a centimeter measurement. In 2008,                     result, we encourage you to submit your
                                                 Picture Tube Rule
                                                                                                         industry requested staff guidance on                   comments online. To make sure that the
                                                    (1) Consumer Understanding of                        rounding because promotional material                  Commission considers your online
                                                 Screen Measurements Generally: What                     measurements were often off by up to                   comment, you must file it at https://
                                                 understanding do consumers have                         1⁄2-inch to avoid waste in cutting glass               ftcpublic.commentworks.com/ftc/
                                                 regarding television screen dimensions                  from standard sheets. Staff advised,                   picturetuberule, by following the
                                                 stated in advertisements, e.g., do they                 with the caveat that it did not speak for              instructions on the web-based form. If
                                                 think the dimensions are diagonal,                      the Commission, that it was unlikely to                this Notice appears at https://
                                                 horizontal, or vertical; single or multi-               recommend enforcement action based                     www.regulations.gov/#!home, you also
                                                 plane; include only the viewable screen                 on an up to 1⁄2-inch discrepancy, as long              may file a comment through that Web
                                                 area? Submit evidence supporting your                   as marketers make clear that the larger                site.
                                                 position.                                               number represents a class size and state                  If you prefer to file your comment on
                                                    (2) The Rule’s Default Screen                        the actual screen measurement, clearly                 paper, write ‘‘16 CFR part 410—Picture
                                                 Measurement Method: Should the                          and conspicuously, and in close                        Tube Rule Review, File No. P174200’’
                                                 Rule’s default television set screen                    proximity to the class size                            on your comment and on the envelope,
                                                 measurement method change, e.g., to                     representation, e.g., 32’’ Class, 31.75’’              and mail your comment to the following
                                                 the diagonal single-plane measurement                   actual measurement. Explain: (a) How,                  address: Federal Trade Commission,
                                                 of the viewable portion of a screen? If                 if at all, the Commission should modify                Office of the Secretary, 600
                                                 so: (a) Explain how, and why, the                       the Rule to address this issue; and (b)                Pennsylvania Avenue NW., Suite CC–
                                                 default screen measurement method                                                                              5610 (Annex B), Washington, DC 20580,
                                                                                                         how any modification would impact
                                                 should change; (b) explain whether the                                                                         or deliver your comment to the
                                                                                                         consumers and businesses, particularly
                                                 Commission should continue to require                                                                          following address: Federal Trade
                                                                                                         small businesses.
                                                 that, when a screen dimension stated in                                                                        Commission, Office of the Secretary,
                                                 advertising is based upon anything but                     (5) Aspect Ratios: Some television sets
                                                                                                         have viewing screens with a 16:9                       Constitution Center, 400 7th Street SW.,
                                                 the default measurement method, the                                                                            5th Floor, Suite 5610 (Annex B),
                                                 method used must be disclosed clearly                   (1.77:1) aspect ratio rather than 4:3
                                                                                                                                                                Washington, DC 20024. If possible,
                                                 and conspicuously, and in close                         (1.33:1) ratio. Do different aspect ratios
                                                                                                                                                                submit your paper comment to the
                                                 proximity, to the dimension; (c) submit                 affect how manufacturers and marketers
                                                                                                                                                                Commission by courier or overnight
                                                 evidence supporting your position; and                  measure and promote the viewable
                                                                                                                                                                service.
                                                 (d) explain how the default screen                      screen size of television sets? If so: (a)                Because your comment will be placed
                                                 measurement method that you proposed                    Identify how different aspect ratios                   on the publicly accessible FTC Web site
                                                 in response to (a), supra, would impact                 change screen measurement and                          at https://www.ftc.gov, you are solely
                                                 consumers and businesses, particularly                  television set marketing; (b) explain                  responsible for making sure that your
                                                 small businesses.                                       how, if at all, the Commission should                  comment does not include any sensitive
                                                    (3) Curved Display Screens: Note 1 to                modify the Rule to address this issue;                 or confidential information. In
                                                 the Rule directs that the viewable                      and (c) explain how any modification                   particular, your comment should not
                                                 picture size of television set screens be               would impact consumers and                             include any sensitive personal
                                                 measured on a single-plane basis, not                   businesses, particularly small                         information, such as your or anyone
                                                 taking into account any screen                          businesses.                                            else’s Social Security number; date of
                                                 curvature. When the Commission                             (6) Technological or Economic                       birth; driver’s license number or other
                                                 originally promulgated this provision,                  Changes: Should the Commission                         state identification number, or foreign
                                                 television sets used cathode ray tubes                  otherwise modify the Rule to account                   country equivalent; passport number;
                                                 with curved display screens. Today,                     for current or impending changes in                    financial account number; or credit or
                                                 television sets generally incorporate                   technology or economic conditions that                 debit card number. You are also solely
                                                 plasma, LED, OLED, and similar flat                     may affect television sets? If so: (a)                 responsible for making sure that your
                                                 display screens, though some television                 Identify these changes; (b) explain how,               comment does not include any sensitive
                                                 sets have concave display screens. (a)                  if at all, the Commission should modify                health information, such as medical
                                                 Do consumers understand that stated                     the Rule to address this issue; and (c)                records or other individually
                                                 dimensions are based on a single-plane                  explain how any modifications would                    identifiable health information. In
                                                 measurement that does not include                       impact consumers and businesses,                       addition, your comment should not
                                                 curvature in the screen? Submit                         particularly small businesses.                         include any ‘‘trade secret or any
                                                 evidence supporting your position. (b)                  IV. Request for Comment                                commercial or financial information
                                                 Does the use of curved screens affect                                                                          which . . . is privileged or
                                                 how manufacturers and marketers                           You can file a comment online or on                  confidential’’—as provided by Section
                                                 measure and promote the viewable                        paper. For the Commission to consider                  6(f) of the FTC Act, 15 U.S.C. 46(f), and
                                                 screen size of television sets? If so: (1)              your comment, we must receive it on or                 FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
                                                 Identify and explain these effects; (2)                 before August 31, 2017. Write ‘‘16 CFR                 including in particular competitively
                                                 explain how, if at all, the Commission                  part 410—Picture Tube Rule Review,                     sensitive information such as costs,
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                                                 should modify the Rule to address these                 File No. P174200’’ on your comment.                    sales statistics, inventories, formulas,
                                                 effects; and (3) explain how any                        Your comment—including your name                       patterns, devices, manufacturing
                                                 modification would impact consumers                     and your state—will be placed on the                   processes, or customer names.
                                                 and businesses, particularly small                      public record of this proceeding,                         Comments containing material for
                                                 businesses.                                             including, to the extent practicable, on               which confidential treatment is
                                                    (4) Measurement Reporting                            the public Commission Web site, at                     requested must be filed in paper form,
                                                 Tolerances and Rounding: The Rule                       http://www.ftc.gov/policy/public-                      must be clearly labeled ‘‘Confidential,’’
                                                 does not address how to disclose the                    comments.                                              and must comply with FTC Rule 4.9(c).


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                                                                              Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules                                                                                        29259

                                                 In particular, the written request for                                  SUMMARY:    As part of its ongoing,                                        (1) CAN–SPAM Rule, 16 CFR part
                                                 confidential treatment that accompanies                                 systematic review of all Federal Trade                                   316. Agency Contact: Christopher
                                                 the comment must include the factual                                    Commission rules and guides, the                                         Brown, (202) 326–2825, Federal Trade
                                                 and legal basis for the request, and must                               Commission announces a modified ten-                                     Commission, Bureau of Consumer
                                                 identify the specific portions of the                                   year regulatory review schedule. No                                      Protection, Division of Marketing
                                                 comment to be withheld from the public                                  Commission determination on the need                                     Practices, 600 Pennsylvania Ave. NW.,
                                                 record. See FTC Rule 4.9(c). Your                                       for, or the substance of, the rules and                                  Washington, DC 20580.
                                                 comment will be kept confidential only                                  guides listed below should be inferred
                                                 if the General Counsel grants your                                      from this notice.                                                          (2) Deceptive Advertising as to Sizes
                                                 request in accordance with the law and                                                                                                           of Viewable Pictures Shown by
                                                                                                                         DATES: Effective on June 28, 2017.
                                                 the public interest. Once your comment                                                                                                           Television Receiving Sets, 16 CFR part
                                                                                                                         FOR FURTHER INFORMATION CONTACT:                                         410. Agency Contact: John Singer, (202)
                                                 has been posted on the public FTC Web
                                                 site—as legally required by FTC Rule                                    Further details about particular rules or                                326–3234, Federal Trade Commission,
                                                 4.9(b)—we cannot redact or remove                                       guides may be obtained from the contact                                  Bureau of Consumer Protection,
                                                 your comment from the FTC Web site,                                     person listed below for the rule or                                      Division of Enforcement, 600
                                                 unless you submit a confidentiality                                     guide.                                                                   Pennsylvania Ave. NW., Washington,
                                                 request that meets the requirements for                                 SUPPLEMENTARY INFORMATION:      To ensure                                DC 20580.
                                                 such treatment under FTC Rule 4.9(c),                                   that its rules and industry guides remain                                  The Commission is currently
                                                 and the General Counsel grants that                                     relevant and are not unduly                                              reviewing 10 of the 65 rules and guides
                                                 request.                                                                burdensome, the Commission reviews
                                                    Visit the FTC Web site to read this                                                                                                           within its jurisdiction. During 2016, it
                                                                                                                         them on a ten-year schedule. Each year
                                                 Notice and the news release describing                                                                                                           completed reviews of 2 rules. The
                                                                                                                         the Commission publishes its review
                                                 it. The FTC Act and other laws that the                                                                                                          Commission is postponing review of the
                                                                                                                         schedule, with adjustments made in
                                                 Commission administers permit the                                                                                                                following matters previously scheduled
                                                                                                                         response to public input, changes in the
                                                 collection of public comments to                                        marketplace, and resource demands.                                       for review in 2017 until 2022: Guides
                                                 consider and use in this proceeding, as                                    When the Commission reviews a rule                                    Against Deceptive Pricing, 16 CFR part
                                                 appropriate. The Commission will                                        or guide, it publishes a notice in the                                   233; Guides Against Bait Advertising, 16
                                                 consider all timely and responsive                                      Federal Register seeking public                                          CFR part 238; and Guide Concerning
                                                 public comments that it receives on or                                  comment on the continuing need for the                                   Use of the Word ‘‘Free’’ and Similar
                                                 before August 31, 2017. For information                                 rule or guide, as well as the rule’s or                                  Representations, 16 CFR part 251. A
                                                 on the Commission’s privacy policy,                                     guide’s costs and benefits to consumers                                  copy of the Commission’s modified
                                                 including routine uses permitted by the                                 and businesses. Based on this feedback,                                  regulatory review schedule for 2017
                                                 Privacy Act, see https://www.ftc.gov/                                   the Commission may modify or repeal                                      through 2027 is appended. The
                                                 site-information/privacy-policy.                                        the rule or guide to address public                                      Commission, in its discretion, may
                                                   By direction of the Commission.                                       concerns or changed conditions, or to                                    modify or reorder the schedule in the
                                                 Donald S. Clark,                                                        reduce undue regulatory burden.                                          future to incorporate new rules, or to
                                                 Secretary.                                                                 The Commission posts information                                      respond to external factors (such as
                                                 [FR Doc. 2017–13476 Filed 6–27–17; 8:45 am]                             about its review schedule on its Web                                     changes in the law) or other
                                                 BILLING CODE 6750–01–P
                                                                                                                         site 1 to facilitate comment. This Web                                   considerations.
                                                                                                                         site contains an updated review
                                                                                                                                                                                                     Authority: 15 U.S.C. 41–58.
                                                                                                                         schedule, a list of rules and guides
                                                 FEDERAL TRADE COMMISSION                                                previously eliminated in the regulatory                                    By direction of the Commission.
                                                                                                                         review process, and the Commission’s                                     Donald S. Clark,
                                                 16 CFR Chapter I                                                        regulatory review plan.                                                  Secretary.
                                                 Regulatory Review Schedule                                              Modified Ten-Year Schedule for                                           Appendix
                                                                                                                         Review of FTC Rules and Guides
                                                 AGENCY:Federal Trade Commission.                                                                                                                 Regulatory Review
                                                                                                                           For 2017, the Commission intends to
                                                       Intent to request public
                                                 ACTION:
                                                                                                                         initiate reviews of, and solicit public
                                                 comments.
                                                                                                                         comments on, the following rules:

                                                                                                                               MODIFIED TEN-YEAR SCHEDULE
                                                   16 CFR                                                                                    Topic                                                                                    Year to review
                                                     part

                                                 23 .............    Guides for the Jewelry, Precious Metals, and Pewter Industries ...............................................................                              Currently Under Review.
                                                 259 ...........     Guide Concerning Fuel Economy Advertising for New Automobiles ..........................................................                                    Currently Under Review.
                                                 308 ...........     Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 [Pay                                                          Currently Under Review.
                                                                       Per Call Rule].
                                                 310   ...........   Telemarketing Sales Rule ...........................................................................................................................        Currently   Under   Review.
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                                                 314   ...........   Standards for Safeguarding Customer Information .....................................................................................                       Currently   Under   Review.
                                                 315   ...........   Contact Lens Rule .......................................................................................................................................   Currently   Under   Review.
                                                 423   ...........   Care Labeling of Textile Wearing Apparel and Certain Piece Goods ........................................................                                   Currently   Under   Review.
                                                 456   ...........   Ophthalmic Practice Rules (Eyeglass Rule) ...............................................................................................                   Currently   Under   Review.
                                                 460   ...........   Labeling and Advertising of Home Insulation ..............................................................................................                  Currently   Under   Review.
                                                 682   ...........   Disposal of Consumer Report Information and Records ............................................................................                            Currently   Under   Review.


                                                   1 See https://www.ftc.gov/enforcement/rules/

                                                 retrospective-review-ftc-rules-guides.


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Document Created: 2017-06-28 01:10:11
Document Modified: 2017-06-28 01:10:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking (ANPR); request for public comment.
DatesComments must be received on or before August 31, 2017.
ContactJohn Andrew Singer, (202) 326-3234, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation82 FR 29256 
RIN Number3084-AB44

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