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Used Motor Vehicle Trade Regulation Rule


American Government

Used Motor Vehicle Trade Regulation Rule

Donald S. Clark
Federal Trade Commission
January 28, 2015 

[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Proposed Rules]
[Pages 4519-4520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01517]


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FEDERAL TRADE COMMISSION

16 CFR Part 455

RIN 3084-AB05


Used Motor Vehicle Trade Regulation Rule

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Extension of comment period.

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SUMMARY: In a November 28, 2014, Supplemental Notice of Proposed 
Rulemaking (``SNPRM''), the FTC proposed further amendments to the Used 
Motor Vehicle Trade Regulation Rule (``Rule'' or ``Used Car Rule'') 
following a review of public comments concerning its December 2012 
Notice of Proposed Rulemaking (``NPRM''). In response to a December 31, 
2014, request, the Commission is extending the comment period announced 
in the November 2014 SNPRM from January 30, 2015, to March 17, 2015.

DATES: Comments must be received on or before March 17, 2015.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/usedcarrulesnprm online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Used Car Rule 
Regulatory Review, 16 CFR Part 455, Project No. P087604,'' on your 
comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/usedcarrulesnprm by following the 
instructions on the Web-based form. If you prefer to file your comment 
on paper, write ``Used Car Rule Regulatory Review, 16 CFR Part 455, 
Project No. P087604,'' 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 A), 
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 A), Washington, DC 
20024. This document, and public records related to the FTC's 
regulatory review, are also available at that address and at 
www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: John C. Hallerud, (312) 960-5634, 
Attorney, Midwest Region, Federal Trade Commission, 55 West Monroe 
Street, Suite 1825, Chicago, IL 60603.

SUPPLEMENTARY INFORMATION: The Commission is extending the comment 
period for its November 2014 SNPRM to March 17, 2015. The Used Car Rule 
requires dealers to display a window sticker called a ``Buyers Guide'' 
containing warranty and other information on used cars offered for 
sale. In December 2012, the Commission issued an NPRM proposing several 
amendments to the Rule and revisions to the Buyers Guide,\1\ and, in 
November 2014, the Commission issued an SNPRM seeking comments on 
further proposed amendments.\2\ The SNPRM comment period was scheduled 
to end on January 30, 2015.
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    \1\ 77 FR 74746 (Dec. 17, 2012).
    \2\ 79 FR 70804 (Nov. 28, 2014).

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[[Page 4520]]

    In its 2012 NPRM, the Commission proposed adding a statement to the 
Buyers Guide that describes the availability of vehicle history reports 
and directs consumers to an FTC Web site containing more information, 
and changing the Buyers Guide description of an ``As Is'' sale in which 
a dealer offers to sell a used vehicle without a warranty. In the 
November 2014 SNPRM, the Commission requested additional comments on 
proposed amendments that would require dealers to indicate on the 
Buyers Guide whether they have obtained a vehicle history report on an 
individual vehicle and, if so, to provide a copy to consumers who 
request one; revise the Buyers Guide statement describing an ``As Is'' 
sale; move boxes to the face of the Buyers Guide where dealers can 
indicate whether ``non-dealer'' warranties apply to a vehicle; and 
place a statement, in Spanish, on the face of the English language 
Buyers Guide advising Spanish-speaking consumers to ask for the Buyers 
Guide in Spanish if they cannot read it in English.
    In a December 31, 2014, letter, the National Automobile Dealers 
Association, a national association of new franchise vehicle dealers, 
requested that the Commission extend the comment period by ninety days. 
The Commission agrees that extending the comment period to allow 
interested parties adequate time to address issues raised by the SNPRM 
will facilitate a more complete record, but believes that a forty-five 
day extension is sufficient.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before March 17, 2015. 
Write ``Used Car Rule Regulatory Review, 16 CFR Part 455, Project No. 
P087604'' 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/os/publiccomments.shtm. As a matter of 
discretion, the Commission tries to remove individuals' home contact 
information from comments before placing them on the Commission Web 
site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, such as anyone'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, do not 
include any ``[t]rade secret or any commercial or financial information 
which is . . . privileged or confidential,'' as discussed in 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). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c). \3\ Your comment will be kept 
confidential only if the FTC General Counsel grants your request in 
accordance with the law and the public interest.
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    \3\ 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), 16 CFR 4.9(c).
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    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/usedcarrulesnprm by following the instructions on the Web-based 
form. If this document appears at http://www.regulations.gov/#!home, 
you also may file a comment through that Web site.
    If you prefer to file your comment on paper, write ``Used Car 
Regulatory Review, 16 CFR Part 455, Project No. P087604'' on your 
comment and on the envelope, and mail it to the following address: 
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania 
Avenue NW., Suite CC-5610 (Annex A), 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 A), Washington, DC 20024. If possible, submit your 
paper comment to the Commission by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
document 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 March 17, 2015. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see http://www.ftc.gov/ftc/privacy.htm.
    Comments on any proposed recordkeeping, disclosure, or reporting 
requirements subject to review under the Paperwork Reduction Act 
(``PRA'') should additionally be submitted to OMB. If sent by U.S. 
mail, they should be addressed to Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attention: Desk Officer for 
the Federal Trade Commission, New Executive Office Building, Docket 
Library, Room 10102, 725 17th Street NW., Washington, DC 20503. 
Comments sent to OMB by U.S. postal mail, however, are subject to 
delays due to heightened security precautions. Therefore, comments 
instead should be sent by facsimile to (202) 395-5806.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-01517 Filed 1-27-15; 8:45 am]
BILLING CODE 6750-01-P




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