[BILLING CODE: 6750-01S]
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[BILLING CODE: 6750-01S]
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regulations can become outdated, ineffectual, and unduly burdensome.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
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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.