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FEDERAL TRADE COMMISSION

16 CFR Ch. I

NOTICE ANNOUNCING TEN-YEAR REGULATORY REVIEW SCHEDULE AND

REQUEST FOR PUBLIC COMMENT ON THE FEDERAL TRADE COMMISSION’S

REGULATORY REVIEW PROGRAM

AGENCY: Federal Trade Commission.

ACTION: Notice of intent to request public comments, and request for information and

comment.

SUMMARY: As part of its ongoing systematic review of all Federal Trade Commission rules

and guides, the Commission announces a revised ten-year regulatory review schedule. No

Commission determination on the need for, or the substance of, the rules and guides listed below

should be inferred from the notice of intent to publish requests for comments. The Commission

further invites written comments regarding the Commission’s longstanding regulatory review

program and how to improve the process.

DATES: Written comments must be submitted on or before September 6, 2011.

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 “Regulatory Review Schedule” on your comment, and file your comment

online at https://ftcpublic.commentworks.com/ftc/regulatoryreviewschedule, by following

the instructions on the web-based form. If you prefer to file your comment on paper, mail or

deliver your comment to the following address: Federal Trade Commission, Office of the

Secretary, Room H-113 (Annex N), 600 Pennsylvania Avenue, NW, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326-2984, Attorney,

Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room

M-8102B, 600 Pennsylvania Ave., NW, Washington, DC 20580, regarding the regulatory review

schedule. Further details about particular rules or guides may be obtained from the contact

person listed below for the rule or guide.

SUPPLEMENTARY INFORMATION: In a rapidly changing marketplace, agency

regulations can become outdated, ineffectual, and unduly burdensome. Therefore, it is important

to systematically review regulations to ensure that they continue to achieve their intended goals

without unduly burdening commerce. Since 1992, the FTC’s regulatory review program has

done just that. The Commission schedules its regulations and guides for review on a ten-year

cycle; i.e., all rules and guides are scheduled to be reviewed ten years after implementation and

ten years after completion of a regulatory review. The Commission publishes this schedule

annually, with adjustments in response to public input, changes in the marketplace, and resource

demands.

The FTC recently has accelerated review of three rules and a guide to account for

changes in the marketplace and to reduce burdens on industry. Specifically, because of recent

increases in the use of environmental marketing claims, in 2009 the Commission accelerated its

review of its Guides for the Use of Environmental Marketing Claims, also known as the Green

Guides, 16 CFR Part 260. In 2010, the Commission accelerated its reviews of the Children’s

Online Privacy Protection Rule, 16 CFR Part 312, to address rapid changes in technology and

children’s use of online media, and the Labeling Requirements for Alternative Fuels and

Alternative Fueled Vehicles, 16 CFR Part 309, to address potentially unnecessary or duplicative

labeling requirements and harmonize FTC rules with the rules of a sister agency. And most

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recently, the Commission announced a new Premerger Notification and Report Form, which was

the result of an acceleration in 2010 of the review of the Hart-Scott-Rodino Antitrust

Improvements Act (“HSR”) Transmittal Rule, 16 CFR Part 803, to more rapidly alleviate any

unnecessary burden on filers during these difficult economic times.

The Commission is now announcing acceleration of reviews of additional rules. First,

the Commission is accelerating its review of portions of the HSR Coverage Rule, 16 CFR Part

801, from 2013 to 2011. Second, the Commission is accelerating review of the Appliance

Labeling Rule, 16 CFR Part 305, from 2018 to 2012, to address rapid changes in appliance

technology and the increasing cost of energy.

When the Commission reviews a rule or guide, it publishes a notice in the Federal

Register seeking public comment on the continuing need for the rule or guide as well as the

rule’s or guide’s costs and benefits to consumers and businesses. Based on this feedback, the

Commission may modify or repeal the rule or guide to address public concerns or changed

conditions, or to reduce undue regulatory burden. Using this process, the Commission has

repealed 37 rules and guides, and updated dozens of others over the past two decades.

For the first time, this year the Commission is seeking input on ways to improve its

regulatory review program and the procedure used for reviewing the agency’s rules and guides.

Through comments suggesting improvements to its systematic regulatory review, the

Commission seeks to ensure it is implementing a review process that accurately measures the

effectiveness, efficiency, and consequences of its rules and guides in the face of changing

marketplace conditions, evolving consumer behavior, and technological developments. To

solicit such comments, this notice sets forth specific questions, and also invites all relevant

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information and suggestions. The Commission will analyze these comments and consider

whether changes to its regulatory review process are warranted.

Revised Ten-Year Schedule For Review of FTC Rules and Guides

The Commission currently has ongoing reviews relating to thirteen of its rules and

guides.1 For example, currently, the Commission is considering amendments to the Labeling

Requirements for Alternative Fuels and Alternative Fueled Vehicles, 16 CFR Part 309, that

would harmonize FTC rules with Environmental Protection Agency rules and eliminate the need

for businesses to apply two redundant labels from different agencies to covered vehicles.

For 2011, the Commission intends to initiate a review of, and solicit public comments on,

the following ten additional rules and guides.

(1) Guides for the Advertising of Warranties and Guaranties, 16 CFR 239. Agency

Contact: Svetlana S. Gans, (202) 326-3708, Federal Trade Commission, Bureau of Consumer

Protection, Division of Marketing Practices, 600 Pennsylvania Ave., NW, Washington, DC

20580.

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Guides for Private Vocational and Distance Education Schools, 16 CFR Part 254; Guide

Concerning Fuel Economy Advertising for New Automobiles, 16 CFR Part 259; Guides for the

Use of Environmental Marketing Claims, 16 CFR Part 260; Automotive Fuel Ratings,

Certification and Posting Rule, 16 CFR Part 306; Trade Regulation Rule Pursuant to the

Telephone Disclosure and Dispute Resolution Act of 1992 [Pay Per Call Rule], 16 CFR

Part 308; Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule, 16

CFR Part 309; Children’s Online Privacy Protection Rule, 16 CFR Part 312; Care Labeling of

Textile Wearing Apparel and Certain Piece Goods as Amended Rule, 16 CFR. Part 423; Use of

Prenotification Negative Option Plans Rule, 16 CFR Part 425; Rule Concerning the Cooling-Off

Period for Sales Made at Homes or at Certain Other Locations, 16 CFR Part 429; Mail or

Telephone Order Merchandise Rule, 16 CFR Part 435; Disclosure Requirements and

Prohibitions Concerning Business Opportunities Rule, 16 CFR Part 437; and Used Motor

Vehicle Trade Regulation Rule, 16 CFR Part 455.

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(2) Rules and Regulations under the Wool Products Labeling Act of 1939, 16 CFR 300.

Agency Contact: Robert M. Frisby, (202) 326-2098, Federal Trade Commission, Bureau of

Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW, Washington, DC

20580.

(3) Rules and Regulations under the Fur Products Labeling Act, 16 CFR 301. Agency

Contact: Matthew J. Wilshire, (202) 326-2976, Federal Trade Commission, Bureau of

Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW, Washington, DC

20580.

(4) Rules and Regulations under the Textile Fiber Products Identification Act, 16 CFR

303. Agency Contact: Robert M. Frisby.

(5) Retail Food Store Advertising and Marketing Practices Rule [Unavailability Rule], 16

CFR Part 424. Agency Contact: Jock Chung, (202) 326-2984, Federal Trade Commission,

Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW,

Washington, DC 20580.

(6) Interpretations of Magnuson-Moss Warranty Act, 16 CFR 700. Agency Contact:

Svetlana S. Gans.

(7) Disclosure of Written Consumer Product Warranty Terms and Conditions, 16 CFR

701. Agency Contact: Svetlana S. Gans.

(8) Pre-Sale Availability of Written Warranty Terms, 16 CFR 702. Agency Contact:

Svetlana S. Gans.

(9) Informal Dispute Settlement Procedures, 16 CFR 703. Agency Contact: Svetlana S.

Gans.

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(10) [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules, 16 CFR 801.

Agency Contact: Robert Jones, (202) 326-2740, Federal Trade Commission, Bureau of

Competition, 600 Pennsylvania Ave., NW, Washington, DC 20580.

Due to resource constraints, the Commission is postponing review of the following

matters previously scheduled for 2011 review: Administrative Interpretations, General Policy

Statements, and Enforcement Policy Statements, 16 CFR 14; the Guides for the Jewelry,

Precious Metals, and Pewter Industries, 16 CFR 23; the Preservation of Consumers’ Claims and

Defenses Rule [Holder in Due Course Rule], 16 CFR Part 433; and the Credit Practices Rule, 16

CFR 444.

The Commission is removing the following nine matters from its regulatory review

schedule because authority to modify or repeal them will be transferred to the Consumer

Financial Protection Bureau (“CFPB”) in 2011: Disclosure Requirements for Depository

Institutions Lacking Federal Deposit Insurance, 16 CFR 320; Mortgage Assistance Relief

Services Rule, 16 CFR 322; Statements of General Policy or Interpretations [of the Fair Credit

Reporting Act Rules], 16 CFR 600; [Identity Theft] Definitions, 16 CFR 603; Free Annual File

Disclosures Rule, 16 CFR 610; Prohibition Against Circumventing Treatment as a Nationwide

Consumer Reporting Agency, 16 CFR 611; Duration of Active Duty Alerts, 16 CFR 613;

Appropriate Proof of Identity, 16 CFR 614; and Procedures for State Application for Exemption

From the Provisions of the [Federal Debt Collection Practices] Act, 16 CFR 901.2

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These nine matters transfer to CFPB pursuant to the Dodd-Frank Wall Street Reform

and Consumer Protection Act, Pub. L. 111-203, Sec. 1061(b)(5), 124 Stat. 2004 (July 21, 2010).

To the extent they apply to motor vehicle dealers, the Commission will retain rulemaking

authority for seven other rules that are being transferred to the CFPB pursuant to sections

1029(a) and (c) of the Act: Privacy of Consumer Financial Information Privacy Rule, 16 CFR

313; Duties of Creditors Regarding Risk-Based Pricing, 16 CFR 640; Duties of Users of

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Finally, the Commission is removing Smokeless Tobacco Regulations, 16 CFR 307, from

its review schedule because the Commission rescinded these regulations in 2010. 75 FR 59609

(September 28, 2010).

A copy of the Commission’s revised regulatory review schedule for 2011 through 2020 is

appended. The Commission, in its discretion, may modify or reorder the schedule in the future

to incorporate new rules, or to respond to external factors (such as changes in the law) or other

considerations.

REQUEST FOR COMMENT

Questions

We invite comment to help the Commission continue to improve its regulatory review

process. All relevant comments will be considered, but we are particularly interested in

obtaining your views on the following questions. When responding, please include any available

evidence that supports your response.

1) Should the Commission continue to review its rules and guides every ten years? If not, what

interval makes sense? Why?

2) Should different rules and guides be reviewed at different intervals? If so, which should be

accelerated and which decelerated and on what basis?

3) In what other ways can the Commission modify its regulatory review program to make it

more responsive to the needs of consumers and businesses?

4) What can the Commission do to streamline its regulatory review process?

Consumer Reports Regarding Address Discrepancies, 16 CFR 641; Prescreen Opt-Out Notice,

16 CFR 642; Duties of Furnishers of Information to Consumer Reporting Agencies, 16 CFR

660; Affiliate Marketing, 16 CFR 680; Model Forms and Disclosures, 16 CFR 698.

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5) Are there any federal, state, or foreign agencies with regulatory review programs that the

Commission should study to improve its own program? If so which agencies, and what do they

do that is superior to the Commission’s program?

6) How should the Commission identify those rules and guides that can and should be modified,

streamlined, expanded, or repealed? What factors should the Commission consider in selecting

and prioritizing rules and guides for review? Why?

7) Does the Commission have rules or guides that duplicate or conflict with other agencies’

requirements? Does the Commission currently collect information that it does not need or use

effectively to achieve regulatory objectives? If so, what information is not needed? Why not?

8) Are there rules or guides that have become unnecessary and can be withdrawn without

impairing the Commission’s regulatory programs? If so, which rules and guides? Why?

9) Are there rules or guides that have become outdated and, if so, how can they be modernized

to better accomplish their regulatory objectives? If so, which rules and guides? Why are they

outdated?

10) Are there rules or guides that are still necessary, but have not operated as well as expected

such that a modified, stronger, or slightly different approach is justified? If so, which rules and

guides? Why and how should they be changed?

11) Are there rules or guides that have been or will soon be overtaken by technological

developments? If so, which rules or guides? Why? How can they be modified to accommodate

or utilize such technologies?

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Instructions

You can file a comment online or on paper. For the Commission to consider your

comment, we must receive it on or before September 6, 2011. Write “Regulatory Review

Schedule” 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 Website, 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 Website.

Because your comment will be made public, you are solely responsible for making sure

that your comment does not include any sensitive personal information, like 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, like 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 obtained from any person and which is privileged or confidential,” as

provided 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 have to follow the procedure

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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, in his or her sole discretion, grants your request in accordance with

the law and the public interest.

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/regulatoryreviewschedule, by following the

instruction on the web-based form. If this Notice appears at

http://www.regulations.gov/#!home, you also may file a comment through that website.

If you file your comment on paper, write “Regulatory Review Schedule” on your

comment and on the envelope, and mail or deliver it to the following address: Federal Trade

Commission, Office of the Secretary, Room H-113 (Annex N), 600 Pennsylvania Avenue, NW,

Washington, DC 20580. If possible, submit your paper comment to the Commission by courier

or overnight service.

Visit the Commission Website at http://www.ftc.gov 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

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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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before September 6, 2011. You can find more information, including routine uses permitted by

the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

AUTHORITY: 15 U.S.C. 41-58.

By direction of the Commission.

Donald S. Clark

Secretary.

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APPENDIX

REGULATORY REVIEW

MODIFIED TEN-YEAR SCHEDULE

16

CFR

PART

TOPIC

254

Guides for Private Vocational and Distance Education

Schools

Under Review

259

Guide Concerning Fuel Economy Advertising for New

Automobiles

Under Review

260

Guides for the Use of Environmental Marketing

Claims

Under Review

306

Automotive Fuel Ratings, Certification and Posting

Rule

Under Review

308

Trade Regulation Rule Pursuant to the Telephone

Disclosure and Dispute Resolution Act of 1992 [Pay

Per Call Rule]

Under Review

309

Labeling Requirements for Alternative Fuels and

Alternative Fueled Vehicles Rule

Under Review

312

Children’s Online Privacy Protection Rule

Under Review

423

Care Labeling of Textile Wearing Apparel and Certain

Piece Goods Rule

Under Review

425

Use of Prenotification Negative Option Plans Rule

Under Review

429

Rule Concerning the Cooling-Off Period for Sales

Made at Homes or at Certain Other Locations

Under Review

435

Mail or Telephone Order Merchandise Rule

Under Review

437

Disclosure Requirements and Prohibitions Concerning

Business Opportunities Rule

Under Review

455

Used Motor Vehicle Trade Regulation Rule

Under Review

YEAR TO

REVIEW

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16

CFR

PART

TOPIC

YEAR TO

REVIEW

239

Guides for the Advertising of Warranties and

Guarantees

2011

300

Rules and Regulations under the Wool Products

Labeling Act of 1939

2011

301

Rules and Regulations under Fur Products Labeling

Act

2011

303

Rules and Regulations under the Textile Fiber

Products Identification Act

2011

424

Retail Food Store Advertising and Marketing Practices

Rule [Unavailability Rule]

2011

700

Interpretations of Magnuson-Moss Warranty Act

2011

701

Disclosure of Written Consumer Product Warranty

Terms and Conditions

2011

702

Pre-Sale Availability of Written Warranty Terms

2011

703

Informal Dispute Settlement Procedures

2011

801

[Hart-Scott-Rodino Antitrust Improvements Act]

Coverage Rules

2011

20

Guides for the Rebuilt, Reconditioned and Other Used

Automobile Parts Industry

2012

23

Guides for the Jewelry, Precious Metals, and Pewter

Industries

2012

233

Guides Against Deceptive Pricing

2012

238

Guides Against Bait Advertising

2012

251

Guide Concerning Use of the Word “Free” and Similar

Representations

2012

240

Guides for Advertising Allowances and Other

Merchandising Payments and Services

2012

305

Appliance Labeling Rule

2012

13

16

CFR

PART

TOPIC

433

Preservation of Consumers’ Claims and Defenses Rule

[Holder in Due Course Rule]

2012

310

Telemarketing Sales Rule

2013

500

Regulations under Section 4 of the Fair Packaging and

Labeling Act

2013

501

Exemptions from Requirements and Prohibitions

under Part 500 [of the Fair Packaging and Labeling

Act]

2013

502

Regulations under Section 5(c) of the Fair Packaging

and Labeling Act

2013

503

Statements of General Policy or Interpretation [under

the Fair Packaging and Labeling Act]

2013

802

[Hart-Scott-Rodino Antitrust Improvements Act]

Exemption Rules

2013

304

Rules and Regulations under the Hobby Protection Act

2014

314

Standards for Safeguarding Customer Information

2014

315

Contact Lens Rule

2015

316

CAN-SPAM Rule

2015

456

Ophthalmic Practice Rules (Eyeglass Rule)

2015

460

Labeling and Advertising of Home Insulation

2016

682

Disposal of Consumer Report Information and

Records

2016

410

Deceptive Advertising as to Sizes of Viewable Pictures

Shown by Television Receiving Sets

2017

18

Guides for the Nursery Industry

2018

311

Test Procedures and Labeling Standards for Recycled

Oil

2018

YEAR TO

REVIEW

14

16

CFR

PART

TOPIC

436

Disclosure Requirements and Prohibitions Concerning

Franchising

2018

681

Identity Theft [Red Flag] Rules

2018

24

Guides for Select Leather and Imitation Leather

Products

2019

453

Funeral Industry Practices Rule

2019

14

Administrative Interpretations, General Policy

Statements, and Enforcement Policy Statements

2020

255

Guides Concerning Use of Endorsements and

Testimonials in Advertising

2020

313

Privacy of Consumer Financial Information Rule

2020

317

Prohibition of Energy Market Manipulation Rule

2020

318

Health Breach Notification Rule

2020

432

Power Output Claims for Amplifiers Utilized in Home

Entertainment Products Rule

2020

444

Credit Practices Rule

2020

640

Duties of Creditors Regarding Risk-Based Pricing

2020

641

Duties of Users of Consumer Reports Regarding

Address Discrepancies

2020

642

Prescreen Opt-Out Notice

2020

660

Duties of Furnishers of Information to Consumer

Reporting Agencies

2020

680

Affiliate Marketing

2020

698

Model Forms and Disclosures

2020

803

[Hart-Scott-Rodino Antitrust Improvements Act]

Transmittal Rules

2020

YEAR TO

REVIEW

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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