terms of the applicable rules and regulations. Numbers are subject to revocation for cause or upon a change in business status or discontinuance of business. The identity of holders of registered identification numbers issued by the Commission is confidential.

§ 1.33 Continuing guaranties.

Continuing guaranties may be filed with the Commission under section 9 of the Wool Products Labeling Act of 1939 and Rule 33 of the rules and regulations thereunder (§ 300.33 of this chapter); section 10 of the Fur Products Labeling Act and Rule 48 of the rules and regulations thereunder (§ 301.48 of this chapter); section 8 of the Flammable Fabrics Act and Rule 10 of the rules and regulations thereunder (§ 302.10 of this chapter); and section 10 of the Textile Fiber Products Identification Act and Rule 38 of the rules and regulations thereunder (§ 303.38 of this chapter). Upon receipt of continuing guaranties duly executed according to form and substance as prescribed in the applicable rules and regulations, they are filed and made public. Necessary forms may be obtained from the Commission upon request.

§ 1.34 Inspections and counseling.

The Commission maintains a staff to carry on compliance inspection and industry counseling work among manufacturers and marketers of wool products, textile fiber products, and fur or fur products, as well as articles of wearing apparel and fabrics subject to the provisions of the Flammable Fabrics Act. Administrative action to effect correction of minor infractions on a voluntary basis is taken in those cases were such procedure is believed adequate to effect immediate compliance and protect the public interest.

Subpart E-Export Trade Associations § 1.41

Limited antitrust exemption.

The Export Trade Act authorizes the organization and operation of export trade associations, and extends to them certain limited exemptions from the Sherman Act and the Clayton Act. It also extends the jurisdiction of the Commission under the Federal Trade Commission Act to unfair methods of competition used in export trade against competitors engaged in export trade,

even though the acts constituting such unfair methods are done without the territorial jurisdiction of the United States.

§ 1.42

Notice to Commission.

To obtain the exemptions afforded by the Act, an export trade association is required to file with the Commission, within thirty (30) days after its creation, a verified written statement setting forth the location of its offices and places of business, names, and addresses of its officers, stockholders, or members, and copies of its documents of incorporation or association. On the first day of January of each year thereafter, each association must file a like statement and, when required by the Commission to do so, must furnish to the Commission detailed information as to its organization, business, conduct, practices, management, and relation to other associations, corporations, partnerships, and individuals.

§ 1.43 Recommendations.

Whenever the Commission has reason to believe that an association has violated the prohibitions of section 2 of the Act, it may conduct an investigation. If, after investigation, it concludes that the law has been violated, it may make to such association recommendations for the readjustment of its business. If the association fails to comply with the recommendations, the Commission will refer its findings and recommendations to the Attorney General for appropriate action.

Subpart F-Trademark Cancellation Procedure

§ 1.51 Applications.

Applications for the institution of proceedings for the cancellation of registration of trade, service, or certification marks under the Trade-Mark Act of 1946 may be filed with the Secretary of the Commission. Such applications shall be in writing, signed by or in behalf of the applicant, and should identify the registration concerned and contain a short and simple statement of the facts constituting the alleged basis for cancellation, the name and address of the applicant, together with all relevant and available information. If, after consideration of the application, or upon its own initiative, the Com

mission concludes that cancellation of the mark may be warranted, it will institute a proceeding before the Commissioner of Patents for cancellation of the registration. Subpart G-Injunctive and Condemnation Proceedings

§ 1.61 Injunctions pending Commission action.

In those cases arising under section 12 of the Federal Trade Commission Act where the Commission has reason to believe that it would be to the interest of the public, the Commission will apply to the courts for injunctive relief, pursuant to the authority granted in section 13 of the Act.

§ 1.62 Ancillary court orders pending review.

Where petition for review of an order to cease and desist has been filed in a U.S. court of appeals, the Commission may apply to the court for issuance of such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public or to competitors pendente lite.

§ 1.63 Injunctions: Wool, Fur, Flammable Fabrics, and Textile cases.

In those case arising under the Wool Products Labeling Act of 1939, Fur Products Labeling Act, Flammable Fabrics Act, and Textile Fiber Products Identification Act, where it appears to the Commission that it would be to the public interest for it to do so, the Commission will apply to the courts for injunctive relief, pursuant to the authority granted in such Acts.

§ 1.64 Condemnation proceedings.

In those cases arising under the Wool Products Labeling Act of 1939, Fur Products Labeling Act, and especially the Flammable Fabrics Act where the public may be endangered, and where it appears to the Commission that the public interest requires such action, the Commission will apply to the courts for condemnation, pursuant to the authority granted in such Acts.

Subpart H-Administration of the

Fair Credit Reporting Act AUTHORITY: The provisions of this Subpart H issued under 84 Stat. 1128, 15 U.S.C. 1681 et seq.

The general administration of the Fair Credit Reporting Act (title VI of the Consumer Credit Protection Act of 1968; enacted October 26, 1970; Public Law 91-508, 82 Stat. 146, 15 U.S.C. 1601 et seq.) is carried out by the Bureau of Consumer Protection, Division of Consumer Credit and Special Programs. Any interested person may obtain copies of the Act and these procedures and rules of practice upon request to the Secretary of the Commission, Washington, D.C. 20580. [36 F.R. 9293, May 22, 1971, as amended at 36 F.R. 18788, Sept. 22, 1971]

The Commission maintains a staff to carry out on-the-scene examination of records and procedures utilized to comply with the Fair Credit Reporting Act and to carry out industry counseling. Requests for staff interpretation of the Fair Credit Reporting Act should be directed to the Division of Consumer Credit and Special Programs, Bureau of Consumer Protection. Such interpretations represent informal staff opinion which is advisory in nature and is not binding upon the Commission as to any action it may take in the matter. Administrative action to effect correction of minor infractions on a voluntary basis is taken in those cases where such procedure is believed adequate to effect immediate compliance and protect the public interest.

[36 F.R. 9293, May 22, 1971, as amended at 36 F.R. 18788, Sept. 22, 1971]

(a) Nature and purpose. (1) The Commission issues and causes to be published in the FEDERAL REGISTER interpretations of the provisions of the Fair Credit Reporting Act on its own initiative or pursuant to the application of any person when it appears to the Commission that guidance as to the legal requirements of the Act would be in the public interest and would serve to bring about more widespread and equitable observance of the Act.

(2) The interpretations are not substantive rules and do not have the force or effect of statutory provisions. They are guidelines intended as clarification of the Fair Credit Reporting Act, and, like

industry guides, are advisory in nature. They represent the Commission's view as to what a particular provision of the Fair Credit Reporting Act means for the guidance of the public in conducting its affairs in conformity with that Act, and they provide the basis for voluntary and simultaneous abandonment of unlawful practices by members of industry. Failure to comply with such interpretations may result in corrective action by the Commission under applicable statutory provisions.

(b) Procedure. (1) Requests for Commission interpretations should be submitted in writing to the Secretary of the Federal Trade Commission stating the nature of the interpretation requested and the reasons and justification therefor. If the request is granted, as soon as practicable thereafter, the Commission will publish a notice in the FEDERAL REGISTER Setting forth the text of the proposed interpretation. Comments, views, or objections, together with the grounds therefor, concerning the proposed interpretation may be submitted to the Secretary of the Commission within thirty (30) days of public notice thereof. The proposed interpretation will automatically become final after the expiration of sixty (60) days from the date of public notice thereof, unless upon consideration of written comments submitted as hereinabove provided, the Commission determine to rescind, revoke, modify, or withdraw the proposed interpretation, in which event notification of such determination will be published in the FEDERAL REGISTER.

(2) The issuance of such interpretations is within the discretion of the Commission and the Commission at any time may conduct such investigations and hold such conferences or hearings as it may deem appropriate. Any interpretation issued pursuant to this chapter is without prejudice to the right of the Commission to reconsider the interpretation, and where the public interest requires, to rescind, revoke, modify, or withdraw the interpretation, in which event notification of such action will be published in the FEDERAL REGISTER.

(c) Applicability of Interpretations. Interpretations issued pursuant to this subpart may cover all applications of a particular statutory provision, or they

(a) Section 102(2) (C) of the National Environmental Policy Act of 1969, Public Law 91-190, which is implemented by Executive Order 11514, and Guidelines issued by the Council on Environmental Quality (36 F.R. 7724, April 23, 1971) (hereinafter referred to as "CEQ Guidelines") require all Federal agencies including the Federal Trade Commission to include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment a detailed statement by the responsible official on:

(1) The environmental impact of the proposed action;

(2) Any adverse environmental effects which cannot be avoided should the proposal be implemented;

(3) Alternatives to the proposed action;

(4) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and

(5) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

(b) The above-cited authority further prescribes that, prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal or State agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies shall be made available to appropriate officials and the public, and shall accompany the proposal through the existing agency processes.

§ 1.82

Declaration of policy.

(a) No Commission rule or guide which constitutes a major action significantly affecting the environment shall be promulgated unless an environmental statement has been prepared for consideration in the decisionmaking.

(b) No Commission legislative proposal or Commission legislative report on a legislative proposal in an area in which the Commission has statutory responsibility concerning matters which significantly affect the environment will be submitted without an accompanying environment impact statement.

(c) A statement will not accompany such action where the Commission finds that expediticus action is in the public interest. In such instance, the Commission will consult with the CEQ as provided in sec'ion 10(d) of the CEQ Guidelines and shall develop a statement promptly after the action.

(d) Nothing in this procedure shall be construed as stating or implying that the requirements of section 102(2) (C) of the National Environmental Policy Act apply to: Any investigation made by the Commission for law enforcement purposes; any process or order issued by the Commission in connection with any type of investigation; any agreement of voluntary compliance or consent decree entered into by the Commission; or any adjudicatory proceedings commenced by the Commission.

§ 1.83 Implementing procedures.

(a) Rules and guides. (1) The Directors of the Bureaus of Consumer Protection and Competition shall establish procedures for their bureaus to assure that all proposed rules and guides being developed within their respective areas of responsibility are reviewed to assess the need for statements on the impact on the environment, and that, where a need is found, a statement is developed.

(2) All proposed rules and guides shall be reviewed at the earliest opportunity by the appropriate heads of the initiating staff units to determine whether the rule or guide might relate to, or involve, environmental considerations. Staff recommendations to the Commission proposing the initiation of a proceeding to determine whether a rule or guide should be promulgated shall include an assessment of the anticipated environmental impact, if any. The criteria prescribed in subsections 5 (b) and (c) of the CEQ Guidelines shall be used in determining

if any action will have a significant effect on the environment.

(3) The Commission shall make the final determination whether the proposed Commission proceeding may be a major action significantly affecting the quality of human environment. Upon the determination by the Commission that a proposed rule or guide may have a significant effect on the quality of human environment, the staff will prepare a draft statement which shall become part of the public record as provided hereinafter.

(4) Concurrent with publication in the FEDERAL REGISTER of a proposed rule or guide wherein the potential for a significant effect on the environment has been identified, draft statements will accompany the proposed rule or guide in the FEDERAL REGISTER and will be circulated by the Commission to appropriate officials and agencies, within and outside the Federal Government, with jurisdiction by law or special expertise with respect to any environmental impact involved. Whenever appropriate, the clearinghouse mechanism No. A-95 (July 24, 1969) shall be utilized.

(5) Thirty days will be allowed for comment on draft statements of environmental impact. If no statements are filed within this period, it will be presumed that, unless an agency consulted requests an extension of time, the agencies consulted have no comment. To the extent possible, 30 days will be allowed for comment after the text of the final statement on proposed action affecting the environment has been made available. In no event will a final rule or guide be promulgated prior to 90 days after circulation of the draft statement. When emergency circumstances make such periods impossible, the Commission will consult with the Council as provided in section 10(d) of the CEQ Guidelines.

(6) Draft statements of environmental impact and final statements on proposed action affecting the environment, along with comments received on draft statements, will be made available to the President by transmission to the Council on Environmental Quality, as provided in section 10(b) of the CEQ Guidelines.

(7) The draft statements, comments, and views obtained with respect to them, and final environmental impact statements will be made available to the public in accordance with the Commission's procedures and rules of practice at the Office of the Assistant Secretary for Legal

and Public Records, Federal Trade Commission, Washington, D.C. 20580. They will also be made available through the National Technical Information Service of the Department of Commerce, Springfield, Va. 22151. Public comment received before the closing of the record in a proceeding to promulgate a rule or guide will become part of that record.

General

(b) Legislation. (1) The Counsel shall establish procedures to assure that legislative proposals and legislative reports on matters for which the Commission has statutory responsibility are reviewed to assess the need for statements on the impact on the environment and that, where a need is found, a statement is developed. Such statements shall be finally approved by the Commission.

(2) The proposed section 102(2)(C) statements and the required comments shall accompany legislative proposals and reports when these are sent to the Office of Management and Budget for clearance. At the same time, copies of this material shall be furnished directly to the Council on Environmental Quality for its information.

(3) After differences with other agencies over the legislative proposal or report have been resolved, the Commission will put the section 102 (2) (C) statement in final form (including such comments and views of the appropriate Federal, State, and local agencies as are pertinent). The final statement and comments shall accompany the proposal or report to the Congress as supporting material. Copies of this final material shall be furnished directly to the Council on Environmental Quality.

§ 1.84 Review.

(a) The General Counsel has been assigned the responsibility for coordinating the Commission's efforts to improve environmental quality and is hereby desgnated the official responsible for the Commission's statements as specified in subsection 3(a) (3) of the CEQ Guidelines. He shall provide guidance and assistance to operating units in determining when a statement is needed and in preparing the necessary environmental statements. As part of this overall responsibility, he is charged with reviewing environmental statements prepared by the staff to assure that such statements comply with the CEQ Guidelines. In the event he finds that a statement is not adequate, he shall recommend to the Commission that the action not be taken until the proper adjustment is made.

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(b) The Commission shall review the staff proposal and the recommendation of the General Counsel to finally determine whether the action complies with the National Environmental Policy Act of 1969.

§ 1.85

Effect on prior actions.

With respect to those proceedings already in progress, the Commission recognizes that it will not be possible to comply fully with the procedures here outlined and, in particular, that it will not be possible in every instance to include within the record all of the material relating to the environmental impact of the contemplated action which might otherwise be developed. Nonetheless, it is the policy of the Commission to apply these procedures to the fullest extent possible to proceedings to which these guidelines apply which are already in progress.