Friday, November 21, 2014

Regulations.gov

Friday, November 21, 2014

Unified Agenda

FEDERAL TRADE COMMISSION

16 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: Federal Trade Commission.

ACTION: Semiannual regulatory agenda.

SUMMARY: The following agenda of Commission proceedings is published in accordance with section

22(d)(1) of the Federal Trade Commission Act, 15 U.S.C. 57b-3(d)(1), and the Regulatory Flexibility Act

(RFA), 5 U.S.C. 601 to 612, as amended by the Small Business Regulatory Enforcement Fairness Act.

The Commission’s agenda follows guidelines and procedures issued August 25, 2014, by the Office of

Management and Budget in accordance with the provisions of Executive Order 12866 “Regulatory

Planning and Review” of September 30, 1993, 58 FR 51735 (Oct. 4, 1993), as incorporated in Executive

Order 13563, “Improving Regulation and Regulatory Review,” 76 FR 3821 (Jan. 18, 2011) and Executive

Order 13579 “Regulation and Independent Regulatory Agencies” (July 11, 2011).

This edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions includes The

Regulatory Plan, which appears in both the online Unified Agenda and in part II of the Federal Register

that includes the Unified Agenda. The Commission’s Statement of Regulatory Priorities is included in the

Plan. The Commission has no proposed rules that would be a “significant regulatory action” under the

definition in Executive Order 12866.

The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers

users a greatly enhanced ability to obtain information from the agenda database. The RFA requires

publication in the Federal Register for rules that are in the Agency’s regulatory flexibility agenda, because

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they are likely to have a significant economic impact on a substantial number of small entities (5 USC 602)

and any rules that the Agency has identified for periodic review under section 610 of the RFA. For fall

2014, the Commission has no proposed rules that would be required to be published in the Federal

Register by the RFA’s agenda requirements.

The Commission’s agenda also references the website www.regulations.gov where appropriate.

This is the Government-wide website where members of the public can find, review, and submit

comments on Federal rulemakings that are open for comment and published in the Federal Register.

The Commission has responded to the optional information requirement to identify rulemakings

that are likely to have some impact on small entities but are not subject to the requirements of the RFA.

The current rulemakings that are likely to have some impact on small entities but are not subject to the

requirements of the RFA are: (1) Rules and Regulations Under the Wool Products Labeling Act of 1939,

16 CFR 300; (2) Fur Products Labeling Act Rules, 16 CFR 301; (3) Rules and Regulations Under the

Hobby Protection Act, 16 CFR 304; (4) the Energy Labeling Rule, 16 CFR 305; (5) the Automotive Fuel

Ratings, Certification, and Posting Rule, 16 CFR 306; (6) Telemarketing Sales Rule, 16 CFR 310; (7)

Standards for Safeguarding Customer Information, 16 CFR 314; (8) Contact Lens Rule, 16 CFR 315; (9)

CAN–SPAM Rule, 16 CFR 316; (10) Care Labeling of Textile Apparel and Certain Piece Goods as

Amended, 16 CFR 423; (11) Retail Food Store Advertising and Marketing Practices, 16 CFR 424; (12) the

Negative Option Rule, 16 CFR 425; (13) the Cooling-Off Rule, 16 CFR 429; (14) the Holder-in-DueCourse Rule, 16 CFR 433; (15) Mail or Telephone Order Merchandise Rule, 16 CFR 435; (16) the Used

Car Rule, 16 CFR 455; (17) Ophthalmic Practice Rules (Eyeglass Rule), 16 CFR 456; (18) the Fair

Packaging and Labeling Act Regulations, 16 CFR 500-502; (19) Disclosure of Written Consumer Product

Warranty Terms and Conditions, 16 CFR 701; (20) Pre-Sale Availability of Written Warranty Terms, 16

CFR 702; and (21) Informal Dispute Settlement Procedures, 16 CFR 703.

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In addition, the Agency has responded to the optional information question that corresponds to

Executive Order 13132, “Federalism,” of August 4, 1999, 64 FR 43255 (Aug. 10, 1999), which does not

apply to independent regulatory agencies. The Commission believes to the extent that any of the rules in

this agenda may have “substantial direct effects on the States, on the relationship between the National

Government and the States, or on the distribution of power and responsibilities among the various levels

of Government” within the meaning of Executive Order 13132, it has consulted with the affected entities.

The Commission continues to work closely with the States and other governmental units in its rulemaking

process, which explicitly considers the effect of the Agency’s rules on these governmental entities.

Some of the rulemakings listed in the agenda are being conducted as part of the Commission's

plan to review and seek information every 10 years about all of its regulations and guides, including their

costs and benefits and regulatory and economic impact. These reviews incorporate and expand upon the

review required by the RFA and regulatory reform initiatives directing agencies to conduct a review of all

regulations and eliminate or revise those that are outdated or otherwise in need of reform.

Except for notice of completed actions, the information in this agenda represents the judgment of

Commission staff, based upon information now available. Each projected date of action reflects an

assessment by the FTC staff of the likelihood that the specified event will occur during the coming year.

No final determination by the staff or the Commission respecting the need for or the substance of a trade

regulation rule or any other procedural option should be inferred from the notation of projected events in

this agenda. In most instances, the dates of future events are listed by month, not by a specific day. The

acquisition of new information, changes of circumstances, or changes in the law may alter this

information.

FOR FURTHER INFORMATION CONTACT: For information about specific regulatory actions listed in the

agenda, call, email, or write the contact person listed for each particular proceeding. General comments

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or questions about the agenda should be directed to G. Richard Gold; Attorney, Federal Trade

Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580, telephone: (202) 326-3355; email:

rgold@ftc.gov.

By direction of the Commission.

NAME: Donald S. Clark,

Secretary.

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The 23 Regulatory Agendas

Federal Trade Commission - PreRule

Regulation

Identifier

Number

Title

Regulatory Review

3084-AA47

Retail Food Store Advertising and Marketing Practices

3084-AB22

Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions

3084-AB24

Rule Governing the Pre -Sale Availability of Written Warranty Terms

3084-AB25

Rule Governing Informal Dispute Settlement Procedure

3084-AB26

Fair Packaging and Labeling Act Regulations

3084-AB33

Rules and Regulations Under the Hobby Protection Act

3084-AB34

Standards for Safeguarding Customer Information

3084-AB35

Contact Lens Rule

3084-AB36

Trade Regulation Rule on Ophthalmic Practice Rule

3084-AB37

Federal Trade Commission - Proposed Rule

Regulation

Identifier

Number

Title

Used Motor Vehicle Trade Regulation Rule

3084-AB05

Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations

3084-AB10

Rule Concerning Energy And Water Use Labeling For Consumer Products

3084-AB15

Telemarketing Sales Rule

3084-AB19

Care Labeling of Textile Apparel and Certain Piece Goods as Amended

3084-AB28

Premerger Notification Rules and Report Form

3084-AB32

Automotive Fuel Ratings, Certification and Posting

3084-AB39

Federal Trade Commission - Final Rule

Regulation

Identifier

Number

Title

Mail or Telephone Order Merchandise Rule

3084-AB07

Rules and Regulations Under the Fur Products Labeling Act

3084-AB27

Federal Trade Commission - Long-term Action

Regulation

Identifier

Number

Title

Preservation of Consumers' Claims and Defenses (Holder-in -Due-Course Rule)

3084-AB16

CAN -SPAM Rule

3084-AB38

Federal Trade Commission - Completed Action

Regulation

Identifier

Number

Title

Use of Prenotification Negative Option Plans

3084-AB13

Rules and Regulations Under the Wool Products Labeling Act of 1939

3084-AB29

Federal Trade Commission ( FTC )

RIN: 3084-AA47

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View Related Documents

Title: Regulatory Review

Abstract: The Commission continues its review of current rules and guides to identify any that should be modified or rescinded.

No determination about whether to modify or rescind a rule, guide, or interpretation or any other procedural option should be

inferred from the Commission's decision to publish a request for comments. In certain instances, the reviews may also address

other specific matters or issues, such as proposed amendments. Finally, the Commission may modify the rule review timetable

as circumstances warrant. On March 13, 2014, the Commission published its current rule and guide review schedule for 2014.

79 FR 14199. The Commission is also 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. Staff reviews comments as they are received.

Priority: Other Significant

Agenda Stage of Rulemaking: PreRule

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 1 et seq (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

FR Cite

Notice of Rules and Guides To Review in 2000

01/19/2000

65 FR 2912

Notice of Rules and Guides To Review in 2002

03/04/2002

67 FR 9630

Notice of Rules and Guides To Review in 2003

01/17/2003

68 FR 2465

Notice of Rules and Guides To Review in 2004

01/27/2004

69 FR 3867

Notice of Rules and Guides To Review in 2005

01/12/2005

70 FR 2074

Notice of Rules and Guides to Review in 2006

12/29/2005

70 FR 77077

Notice of Rules and Guides to Review in 2007

12/29/2006

71 FR 78390

Notice of Rules and Guides to Review in 2008

03/05/2008

73 FR 11844

Notice of Rules and Guides to Review in 2009

02/05/2009

74 FR 6129

Notice of Rules and Guides to Review in 2010

03/17/2010

75 FR 12715

Notice of Rules and Guides to Review in 2011

07/13/2011

76 FR 41150

Comment Period Closed (Regulatory Review)

09/06/2011

Notice of Rules and Guides to Review in 2012

04/13/2012

77 FR 22234

Notice of Rules and Guides to Review in 2013

05/23/2013

78 FR 30798

Notice of Rules and Guides to Review in 2014

03/31/2014

79 FR 14199

Notice of Rules and Guides to Review in 2015

04/00/2015

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Jock K Chung

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2984

E-Mail: jchung@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB22

View Related Documents

Title: Retail Food Store Advertising and Marketing Practices

Abstract: As part of the systematic review of all Commission rules, on August 18, 2011, the Commission initiated its periodic

review of the Unavailability Rule (or the Rule on Retail Food Store Advertising and Marketing Practices) by publishing a notice

seeking public comments on the effectiveness and impact of the rule. 76 FR 51308. The comment period closed on October 19,

2011. Staff has reviewed the comments and expects to submit a recommendation to the Commission by the winter of 2015. The

Commission's Unavailability Rule states that it is a violation of section 5 of the Federal Trade Commission Act for food retailers

to advertise products for sale at a stated price if those stores do not have the advertised products in stock and readily available

to customers during the effective period of the advertisement, unless the advertisement clearly discloses that supplies of the

advertised products are limited or are available only at some outlets. However, it is not a violation of the rule if the advertised

products were ordered in adequate time for delivery in quantities sufficient to meet reasonably anticipated demand, the food

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retailer offers a "raincheck" for the advertised products, the food retailer offers at the advertised price or at a comparable price

reduction a similar product that is at least comparable in value to the advertised product, or the food retailer offers other

compensation at least equal to the advertised value. The rule is intended to benefit consumers by ensuring that advertised items

are available, that advertising-induced purchasing trips are not fruitless, and that store prices accurately reflect the prices

appearing in the ads.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Unfunded Mandates: No

Major: Undetermined

CFR Citation: 16 CFR 424 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

ANPRM

08/18/2011

Staff Recommendation to Commission

02/00/2015

FR Cite

76 FR 51308

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: No

Federalism: No

Small Entities Affected: Business

Energy Affected: No

Related RINs: Previously Reported as 3084-AA17

Agency Contact: Jock K Chung

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2984

E-Mail: jchung@ftc.gov

RIN: 3084-AB24

Federal Trade Commission ( FTC )

View Related Documents

Title: Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions

Abstract: As part of the systematic review of all Commission rules, on August 23, 2011, the Commission initiated its periodic

review of the Consumer Warranty Rule (or the Rule Governing the Disclosure of Written Consumer Product Warranty Terms and

Conditions) (Rule 701) by publishing a notice seeking public comments on the effectiveness and impact of the rule. 76 FR

52596. The comment period closed on October 24, 2011. Staff anticipates sending a recommendation to the Commission by the

fall of 2014. The Consumer Warranty Rule establishes requirements for warrantors for disclosing the terms and conditions of

written warranties on consumer products actually costing the consumer more than $15.00. Rule 701 specifies the information

that must appear in the written warranty, as well as the exact language that must be used for certain disclosures. Under Rule

701, the information must be disclosed in simple, easily understood, and concise language in a single document. In addition to

specifying the information that must appear in a written warranty, Rule 701 also requires that, in instances where the warrantor

uses a warranty registration or owner registration card, the warranty must disclose whether that registration card is a condition

precedent to warranty coverage. Finally, it provides that, in connection with some "seal of approval" programs, the disclosures

do not have to be given in the actual seal itself, if they are made in a publication with a general circulation.

Agenda Stage of Rulemaking: PreRule

Priority: Substantive, Nonsignificant

Major: No

Unfunded Mandates: No

CFR Citation: 16 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

ANPRM

08/23/2011

Recommendation to Commission

11/00/2014

FR Cite

76 FR 52596

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Federalism: No

Small Entities Affected: Business

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

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Related RINs: Previously Reported as 3084-AA72

Agency Contact: Svetlana S Gans

Attorney

Federal Trade Commission

Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., CC-8528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-3708

E-Mail: sgans@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB25

View Related Documents

Title: Rule Governing the Pre-Sale Availability of Written Warranty Terms

Abstract: As part of the systematic review of all Commission rules, on August 23, 2011, the Commission initiated its periodic

review of the Pre-Sale Availability Rule (or Rule Governing the Pre-Sale Availability of Written Warranty Terms) (Rule 702) by

publishing a notice seeking public comments on the effectiveness and impact of the rule. 76 FR 52595. The comment period

closed on October 24, 2011. Staff anticipates sending a recommendation to the Commission by the fall of 2014. The Pre-Sale

Availability Rule was published as a final rule in 1975 and most recently amended in 1987. Section 102(b)(1)(A) of the

Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq., directed the Commission to prescribe rules requiring that the terms of

any written warranty on a consumer product be made available to the consumer or prospective consumer prior to the sale of

the product. Accordingly, the Commission issued Rule 702, which requires sellers and warrantors to make the terms of a written

warranty available to the consumer prior to sale. Among other things, the rule requires sellers to make warranties readily

available by either (1) displaying the warranty document in close proximity to the product, or (2) furnishing the warranty

document on request and posting signs in prominent locations advising consumers that warranty information is available. The

rule requires warrantors to provide materials to enable sellers to comply with the rule's requirements. It also sets out the

methods by which warranty information can be made available prior to the sale of the product in instances where the product is

sold through catalogs, mail order, or door-to-door.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 702 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

ANPRM

08/23/2011

Recommendation to Commission

11/00/2014

FR Cite

76 FR 52596

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA73

Agency Contact: Svetlana S Gans

Attorney

Federal Trade Commission

Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., CC-8528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-3708

E-Mail: sgans@ftc.gov

RIN: 3084-AB26

Federal Trade Commission ( FTC )

View Related Documents

Title: Rule Governing Informal Dispute Settlement Procedure

Abstract: As part of the systematic review of all Commission rules, on August 23, 2011, the Commission initiated its periodic

review of the Rule Governing Informal Dispute Settlement Procedures (Rule 703) by publishing a notice seeking public

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comments on the effectiveness and impact of the rule. 76 FR 52596. The comment period closed on October 24, 2011. Staff

anticipates sending a recommendation to the Commission by the fall of 2014. Rule 703 establishes minimum requirements for

those informal dispute settlement mechanisms (IDSM) that are incorporated by the warrantor into its consumer product warranty.

By incorporating the IDSM into the warranty, the warrantor requires the consumer to use the IDSM before pursuing any legal

remedies in court. Among other things, the rule sets out the mechanism's structure, the qualifications of decision makers, the

procedures for resolving disputes, and recordkeeping requirements of such IDSMs. The rule also prescribes the duties of the

warrantor in making consumers aware of the IDSM and how to use it, as well as the warrantor's duties to comply with the

IDSM's requests and decisions. The rule also requires IDSMs that operate under Rule 703 to submit annual audits to the

Federal Trade Commission to determine their compliance with the rule.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Major: Undetermined

Unfunded Mandates: No

CFR Citation: 16 CFR 703 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

ANPRM

08/23/2011

Recommendation to Commission

11/00/2014

FR Cite

76 FR 52596

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA75

Agency Contact: Svetlana S Gans

Attorney

Federal Trade Commission

Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., CC-8528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-3708

E-Mail: sgans@ftc.gov

RIN: 3084-AB33

Federal Trade Commission ( FTC )

View Related Documents

Title: Fair Packaging and Labeling Act Regulations

Abstract: As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission

requested comments March 19, 2014, regarding, among other things, the economic impact and benefits of the Fair Packaging

and Labeling Act (FPLA) Rules; possible conflict between the rules and State, local, or other Federal laws or regulations; and

the effect on the rules of any technological, economic, or other industry changes. The comment period closed on May 21, 2014.

Staff is reviewing the comments and anticipates forwarding a recommendation to the Commission by the end of 2014. The

FPLA requires consumer commodities to be marked with statements of: (1) identity; (2) net quantity of contents; and (3) name

and place of the business of manufacturer, packer, or distributor. These requirements serve FPLA's stated purpose of "enabling

consumers to obtain accurate information as to the quantity of the contents and ... to facilitate value comparisons." The FTC is

responsible for FPLA enforcement regarding all consumer commodities other than foods, drugs, and cosmetics, and pursuant to

section 6(b) of FPLA, the Commission promulgated the implementing regulations found in 16 CFR parts 500, 501, 502, and 503.

Pursuant to 1992 amendments to the FPLA, the Commission has amended these regulations to require the use of the units of

both the customary inch/pound measurement system and the metric measurement system in the net quantity statement for

certain consumer commodities. The amended regulations became effective on February 14, 1994.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Major: Undetermined

Unfunded Mandates: No

CFR Citation: 16 CFR 500; 16 CFR 501; 16 CFR 502; 16 CFR 503 (To search for a specific CFR, visit the Code of Federal

Regulations )

Legal Authority: Fair Packaging and Labeling Act, 15 USC 1451

Legal Deadline: None

Timetable:

Action

Date

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ANPRM

03/19/2014

ANPRM Comment Period End

05/21/2014

Recommendation to Commission

12/00/2014

Unified Agenda

79 FR 15272

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: No

Federalism: No

Small Entities Affected: Business

Energy Affected: No

Related RINs: Previously Reported as 3084-AA46

Agency Contact: Doug Wolfe

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-3113

E-Mail: dwolfe@ftc.gov

RIN: 3084-AB34

Federal Trade Commission ( FTC )

View Related Documents

Title: Rules and Regulations Under the Hobby Protection Act

Abstract: The Hobby Protection Act, 16 U.S.C. sections 2101 to 2106, prohibits manufacturing or importing imitation

numismatic and collectible political items unless they are marked in accordance with regulations prescribed by the Federal Trade

Commission. The implementing rules (or rule), which became effective on February 6, 1975, prescribe the required markings on

imitation political and numismatic items, specifying the sizes and dimensions of the type, the location of the marking, and how to

mark incusable (those that can be impressed with a stamp) and nonincusable items. Specifically, imitation political items--such

as buttons, posters, and coffee mugs--must be marked with the calendar year they were manufactured, and imitation

numismatic items--including coins, tokens, and paper money--must be marked with the word "copy." As part of its ongoing

systematic review of all Federal Trade Commission rules and guides, on July 14, 2014, the Commission requested public

comments on, among other things, the economic impact and benefits of the Rule; possible conflict between the Rule and State,

local, or other Federal laws or regulations; and the effect on the Rule of any technological, economic, or other industry changes.

79 FR 40691. The comment period closed on September 22, 2014.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Unfunded Mandates: No

Major: Undetermined

CFR Citation: 16 CFR 304 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 2101 et seq

Legal Deadline: None

Timetable:

Action

Date

Rule Review, Request for Public Comment

07/14/2014

Recommendation to Commission

05/00/2015

FR Cite

79 FR 40691

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: No

Small Entities Affected: Business

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA90

Agency Contact: Joshua S. Millard Federal Trade Commission

600 Pennsylvania Avenue NW., Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2454

E-Mail: jmillard@ftc.gov

RIN: 3084-AB35

Federal Trade Commission ( FTC )

View Related Documents

Title: Standards for Safeguarding Customer Information

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Abstract: The Safeguards Rule, as directed by the Gramm-Leach-Bliley Act (GLB), requires each financial institution to

develop a written information security program that is appropriate to its size and complexity, the nature and scope of its

activities, and the sensitivity of the customer information at issue. The Commission believes that the rule strikes an appropriate

balance between allowing flexibility to financial institutions and establishing standards for safeguarding customer information that

are consistent with GLB's requirements. As part of its ongoing systematic review of all Federal Trade Commission rules and

guides, in Spring 2015 the Commission plans to request public comments on, among other things, the economic impact and

benefits of the rule; possible conflict between the rule and State, local, or other Federal laws or regulations; and the effect on

the rule of any technological, economic, or other industry changes.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Major: Undetermined

Unfunded Mandates: No

CFR Citation: 16 CFR 314 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: The Gramm-Leach-Bliley Act

Legal Deadline: None

Timetable:

Action

Date

Rule Review, Request for Public Comment

FR Cite

05/00/2015

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: No

Federalism: No

Small Entities Affected: Business

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA87

Agency Contact: David Lincicum Federal Trade Commission

600 Pennsylvania Avenue NW., CC-8232, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2773

E-Mail: dlincicum@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB36

View Related Documents

Title: Contact Lens Rule

Abstract: The FTC promulgated the Contact Lens Rule (Rule) pursuant to the Fairness to Contact Lens Consumers Act

(FCLCA), Public Law 108-164 (Dec. 6, 2003), which was enacted to enable consumers to purchase contact lenses from the

seller of their choice. The Rule became effective on August 2, 2004. As mandated by the FCLCA, the Rule requires contact lens

prescribers to provide prescriptions to their patients upon the completion of a contact lens fitting, and verify contact lens

prescriptions to contact lens sellers authorized by consumers to seek such verification. Sellers may provide contact lenses only

in accordance with a valid prescription that is directly presented to the seller or verified with the prescriber. As part of its ongoing

systematic review of all Federal Trade Commission rules and guides, in 2015, the Commission plans to request public

comments on, among other things, the economic impact and benefits of the Rule; possible conflict between the Rule and State,

local, or other Federal laws or regulations; and the effect on the Rule of any technological, economic, or other industry changes.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Major: No

Unfunded Mandates: No

CFR Citation: 16 CFR 315 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 7601 to 7610

Legal Deadline: None

Timetable:

Action

Date

Rule Review, Request for Public Comments

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Business; Organizations

Energy Affected: No

Related RINs: Previously Reported as 3084-AA95

Agency Contact: Alysa Bernstein

Attorney

05/00/2015

Government Levels Affected: No

Federalism: No

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Federal Trade Commission

600 Pennsylvania Avenue NW., CC-10528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-3289

E-Mail: abernstein@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB37

View Related Documents

Title: Trade Regulation Rule on Ophthalmic Practice Rule

Abstract: Issued in 1978, the Trade Regulation Rule on Ophthalmic Practice Rules, also known as the Eyeglass Rule or the

Rule, provides that an optometrist or ophthalmologist must give the patient, at no extra cost, a copy of the eyeglass prescription

immediately after the examination is completed. The Rule also prohibits optometrists and ophthalmologists from conditioning the

availability of an eye examination, as defined by the Rule, on a requirement that the patient agrees to purchase ophthalmic

goods from the optometrist or ophthalmologist, and from placing on the prescription, or delivering to the patient, certain

disclaimers or waivers of liability. As part of its ongoing systematic review of all Federal Trade Commission rules and guides, in

2015 the Commission plans to request public comments on, among other things, the economic impact and benefits of the Rule;

possible conflict between the Rule and State, local, or other Federal laws or regulations; and the effect on the Rule of any

technological, economic, or other industry changes.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: PreRule

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 456 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

Rule Review, Request for Public Comments

FR Cite

05/00/2015

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business; Organizations

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 3084-AA80

Agency Contact: Alysa Bernstein

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-10528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-3289

E-Mail: abernstein@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB05

View Related Documents

Title: Used Motor Vehicle Trade Regulation Rule

Abstract: As part of the systematic review of all Commission rules, the Commission initiated its periodic review of the Used Car

Rule (or Used Motor Vehicle Trade Regulation Rule) on July 21, 2008, by publishing a notice seeking public comments on the

effectiveness and impact of the Rule and on proposed modifications to the Rule. 73 FR 42285. Effective in 1985, and last

reviewed in 1995, the Used Car Rule sets out the general duties of a used vehicle dealer and provides for a label to be affixed

to a vehicle's window describing whether the vehicle is warranted by the dealer and, if so, details about the warranty such as

the duration and systems covered. In response to comments, the Commission published a notice of proposed rulemaking

(NPRM) on December 17, 2012 (77 FR 74746), and a final rule revising the Spanish translation of the window form on

December 12, 2012. 77 FR 73912. The extended comment period on the NPRM ended on March 13, 2013. The Commission is

currently considering staff's recommendation relating to the next step in this rulemaking.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Proposed Rule

Unfunded Mandates: No

Major: Undetermined

CFR Citation: 16 CFR 455 (To search for a specific CFR, visit the Code of Federal Regulations )

12

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Friday, November 21, 2014

Unified Agenda

Legal Authority: 15 USC 2309

Legal Deadline: None

Timetable:

Action

Date

ANPRM

07/21/2008

ANPRM Comment Period End

09/19/2008

ANPRM Comment Period Extended

09/25/2008

ANPRM Comment Period Extended To

11/19/2008

ANPRM Comment Period Reopened

04/30/2009

ANPRM Comment Period End

06/15/2009

FR Cite

73 FR 42285

73 FR 55548

74 FR 19912

Final Rule

12/12/2012

77 FR 73912

NPRM

12/17/2012

77 FR 74746

Commission Action

12/00/2014

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Business

Energy Affected: No

Agency Contact: John Hallerud

Attorney

Federal Trade Commission

55 W. Monroe Street, Suite 1825, Chicago, IL 60603-5001

Chicago , IL 60603-5001

Phone: 312 960-5615

E-Mail: jhallerud@ftc.gov

Government Levels Affected: No

Federalism: No

Federal Trade Commission ( FTC )

RIN: 3084-AB10

View Related Documents

Title: Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations

Abstract: As part of the systematic review of all Commission rules, on April 21, 2009, the Commission initiated its periodic

review of the Cooling-Off Rule (or the Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at

Certain Other Locations) by publishing a notice seeking public comments on the effectiveness and impact of the Rule. 74 FR

18170. Last revised in 1995, the Cooling-Off Rule requires that a consumer be given a 3-day right to cancel certain sales

greater than $25.00 that occur at a place other than a seller's place of business. The rule also requires a seller to notify buyers

orally of the right to cancel, to provide buyers with a dated receipt or copy of the contract containing the name and address of

the seller and notice of cancellation rights, and to provide buyers with forms that buyers may use to cancel the contract. The

2009 Federal Register Notice sought comments on, among other things, the economic impact and benefits of this rule; possible

conflict between the rule and State, local, or other Federal laws or regulations; and the effect on the rule of any technological,

economic, or other industry changes. At the request of several organizations, the comment period was reopened and extended

to September 25, 2009. 74 FR 36972. On January 17, 2013, the Commission announced that it was retaining the Cooling-Off

Rule and proposed increasing its $25 exclusionary limit to $130 to account for inflation. 78 FR 3855. The comment period for the

NPRM closed on March 4, 2013. Staff reviewed the comments and the Commission is currently reviewing that recommendation.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined

Unfunded Mandates: No

CFR Citation: 16 CFR 429 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

ANPRM

04/21/2009

ANPRM Comment Period End

06/22/2009

ANPRM Comment Period Extended

07/27/2009

ANPRM Extended Comment Period End

09/25/2009

NPRM

01/17/2013

NPRM Comment Period End

03/04/2013

Commission Action

12/00/2014

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Business

FR Cite

74 FR 18170

74 FR 36972

78 FR 3855

Government Levels Affected: No

Federalism: No

13

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Unified Agenda

Energy Affected: No

Related RINs: Previously Reported as 3084-AA53

Agency Contact: Sana Coleman Chriss

Attorney

Federal Trade Commission

Suite 1500, 225 Peachtree Street NE., Atlanta, GA 30303

Atlanta , GA 30303

Phone: 404 656-1364

E-Mail: schriss@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB15

View Related Documents

Title: Rule Concerning Energy And Water Use Labeling For Consumer Products

Abstract: As part of its systematic review of all current FTC rules and guides, the Commission issued an NPRM seeking public

comment on proposed changes to its Appliance Labeling Rule (now known as the Energy Labeling Rule), which requires energy

efficiency labels for major household appliances and other consumer products. 77 FR 15298 (Mar. 15, 2012). The FTC sought

comments on the Rule's benefits and costs, and on several proposed changes, including whether the Commission should

eliminate duplicative reporting requirements for manufacturers, require a uniform method for attaching labels to appliances,

place EnergyGuide labels on room air conditioner packages instead of on the products, improve website disclosures, and revise

ceiling fan labels. On January 10, 2013, the Commission amended the rule by streamlining data reporting requirements for

manufacturers, clarifying testing requirements and enforcement provisions, improving online energy label disclosures, and

making several minor technical changes and corrections. 78 FR 2200. For televisions, the Commission issued proposed

amendments that would conform the rule to a new DOE test procedure for televisions. 78 FR 78305 (Dec. 26, 2013). The

comment period closed on February 10, 2014. On April 9, 2014, the Commission issued conforming amendments to ensure the

rule's television labeling requirements are consistent with the Energy Policy and Conservation Act (EPCA), which mandates that

FTC labels reflect applicable DOE test procedures. 79 FR 19464. As part of the regulatory review of the rule, the Commission

issued a supplemental NPRM on June 18, 2014, proposing to expand coverage of the Lighting Facts label, change the current

label categories for refrigerators, revise the ceiling fan label design and require room air conditioner labels on packaging instead

of the units themselves. 79 FR 34642. The comment period closed on August 18, 2014. Staff anticipates forwarding a

recommendation to the Commission during the Fall of 2014.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined

Unfunded Mandates: No

CFR Citation: 16 CFR 305 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: sec 321 of the Energy Independence and Security Act of 2007 (EISA); sec 325 of the Energy Independence

and Security Act of 2007

Legal Deadline: Regional Efficiency Standards--15 months after the Department of Energy (DOE) issued their final efficiency

standards on October 25, 2011.

Action

Source

Other

Description

Date

15 months after DOE issued their final efficiency standards on October

25, 2011

01/25/2013

Timetable:

Action

Date

ANPRM

07/17/2008

Public Meeting

09/15/2008

ANPRM Comment Period End

09/29/2008

ANPRM (Consumer Electronics)

03/16/2009

ANPRM (Consumer Electronics) Comment Period End

05/14/2009

NPRM (Light Bulbs)

11/10/2009

NPRM Comment Period End (Light Bulbs)

12/28/2009

FR Cite

73 FR 40988

74 FR 11045

74 FR 57950

NPRM (TVs and Other Consumer Electronics)

03/11/2010

Public Meeting (TVs and Other Consumer Electronics)

04/16/2010

NPRM (TVs and Other Consumer Electronics) Comment Period End

05/14/2010

Final Rule (Light Bulbs)

07/19/2010

75 FR 41696

Technical Correction to Final Rule (Light Bulbs)

08/16/2010

75 FR 49818

Comment Period End (Light Bulb: Other Issues)

09/20/2010

75 FR 11483

NPRM (Light Bulbs)

12/29/2010

75 FR 81943

Final Rule (TVs)

01/06/2011

76 FR 1038

Final Rule (Light Bulb)

04/12/2011

76 FR 20233

NPRM (Light Bulb II)

08/01/2011

76 FR 45715

ANPRM (Regional Efficiency Standards)

11/28/2011

76 FR 72872

Public Meeting (Regional Efficiency Standards)

12/16/2011

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Friday, November 21, 2014

Unified Agenda

ANPRM Comment Period End (Regional Efficiency Standards)

01/10/2012

NPRM (Systematic Review)

03/15/2012

NPRM (Regional Efficiency Standards)

06/06/2012

77 FR 33337

NPRM (Comparability Ranges)

01/09/2013

78 FR 1779

Final Rule (Systematic Review)

01/10/2013

78 FR 2200

Final Rule (Regional Efficiency Standards)

02/06/2013

78 FR 8362

Final Rule (Comparability Ranges)

07/23/2013

78 FR 43974

NPRM (Televisions)

12/26/2013

78 FR 78305

NPRM (Televisions) Comment Period End

02/14/2014

Final Rule (Televisions)

04/09/2014

79 FR 19464

Supplemental NPRM

06/18/2014

79 FR 34642

Supplemental NPRM Comment Period End

08/18/2014

Recommendation to Commission

12/00/2014

77 FR 15298

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: No

Small Entities Affected: Business; Governmental Jurisdictions;

Federalism: No

Organizations

Energy Affected: No

Related RINs: Related to 3084-AB11

Agency Contact: Hampton Newsome

Attorney

Federal Trade Commission

Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2889

E-Mail: hnewsome@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB19

View Related Documents

Title: Telemarketing Sales Rule

Abstract: Commission staff is considering proposed "Anti-Fraud" amendments to the Telemarketing Sales Rule (TSR)

concerning, among other things, the misuse of novel payment methods, such as remotely created checks, remotely created

payment orders, cash-to-cash money transfers, and cash reload mechanisms in inbound or outbound telemarketing

transactions, by telemarketers and sellers. On May 21, 2013, the Commission issued a notice of proposed rulemaking (NPRM),

which was published in the Federal Register on July 9, 2013. 78 FR 41200. After a short extension, the comment period closed

on August 8, 2013. Commission staff is reviewing the comments submitted in response to the NPRM, and anticipates making a

recommendation to the Commission by the end of 2014. On August 11, 2014, the Commission initiated periodic review of this

rule and solicited public comments. 79 FR 46732. The comment period as extended will close on November 13, 2014. 79 FR

61267.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Proposed Rule

Unfunded Mandates: Undetermined

Major: No

CFR Citation: 16 CFR 310 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 6101 to 6108; 15 USC 41 to 58

Legal Deadline: None

Timetable:

Action

Date

NPRM

08/19/2009

NPRM Comment Period End

10/09/2009

FR Cite

74 FR 41988

NPRM Comment Period Extended

10/15/2009

NPRM Extended Comment Period End

10/26/2009

Public Forum

11/04/2009

Final Rule

08/10/2010

75 FR 48458

Technical Correction to Final Rule

08/24/2010

75 FR 51934

Effective Date

09/27/2010

Effective Date (Advance Fee Ban)

10/27/2010

ANPRM (Caller ID)

12/15/2010

75 FR 78179

NPRM (Anti-fraud)

07/09/2013

78 FR 41200

Closure of Proceeding (Caller ID)

12/20/2013

78 FR 77024

Rule Review, Request for Public Comment

08/14/2014

79 FR 46732

Rule Review Extended Comment Period End

10/10/2014

79 FR 61267

15

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Friday, November 21, 2014

Recommendation to Commission (Anti-fraud)

Unified Agenda

12/00/2014

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Federalism: Undetermined

Small Entities Affected: Business

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Karen Hobbs

Attorney

Federal Trade Commission

600 Pennsylvania Avenue, NW., CC-8528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-3587

E-Mail: khobbs@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB28

View Related Documents

Title: Care Labeling of Textile Apparel and Certain Piece Goods as Amended

Abstract: As part of the systematic review of all Commission rules, on July 13, 2011, the Commission initiated its periodic

review of the Care Labeling Rule (or the Rule on Care Labeling of Textile Apparel and Certain Piece Goods as Amended) by

publishing a notice seeking public comments on the effectiveness and impact of the rule. 76 FR 41148. The comment period

closed on September 6, 2011, and staff reviewed the comments. On September 11, 2012, the Commission announced a Notice

of Proposed Rulemaking (NPRM). Based on a review of comments, the Agency has concluded that the rule continues to benefit

consumers and will be retained. The NPRM is now seeking comments on potential updates to the rule, including changes that

would: allow manufacturers and importers, if they so choose, to include professional instructions for wet-cleaning-an

environmentally friendly alternative to drycleaning-on labels if the garment can be professionally wet-cleaned; permit

manufacturers to use updated ASTM (American Society for Testing and Materials) or ISO (International Organization for

Standardization) symbols on labels in lieu of written terms providing care instructions; and clarify what constitutes a reasonable

basis for care instructions; and update and expand the definition of "dryclean" to reflect current practices and account for the

advent of new solvents. The comment period closed on November 16, 2012. On July 24, 2013, the Commission announced that

it would host a public roundtable on October 1, 2013, to analyze proposed changes to the rule. 78 FR 45901. On March 28,

2014, the Commission hosted a public roundtable in Washington DC that analyzed proposed changes to the rule. Staff

anticipates forwarding a recommendation to the Commission during early 2015. The Care Labeling Rule makes it an unfair or

deceptive act or practice for manufacturers and importers of textile wearing apparel and certain piece goods to sell these items

without attaching care labels stating "what regular care is needed for the ordinary use of the product." The rule also requires that

the manufacturer or importer possess, prior to sale, a reasonable basis for the care instructions, and allows the use of approved

care symbols in lieu of words to disclose care instructions.

Priority: Other Significant

Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined

Unfunded Mandates: No

CFR Citation: 16 CFR 423 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq

Legal Deadline: None

Timetable:

Action

Date

ANPRM

07/13/2011

ANPRM Comment Period Closed

09/06/2011

NPRM

09/20/2012

NPRM Comment Period Closed

11/16/2012

Commission Roundtable

03/28/2014

NPRM and Roundtable Comment Period End

04/11/2014

Recommendation to Commission

03/00/2015

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Business

Energy Affected: No

Related RINs: Previously Reported as 3084-AA54

Agency Contact: Robert M Frisby

Attorney

Federal Trade Commission

FR Cite

76 FR 41148

77 FR 58338

Government Levels Affected: No

Federalism: No

16

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Friday, November 21, 2014

Unified Agenda

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2098

E-Mail: rfrisby@ftc.gov

RIN: 3084-AB32

Federal Trade Commission ( FTC )

View Related Documents

Title: Premerger Notification Rules and Report Form

Abstract: The Premerger Notification Rules (HSR Rules or Rules) and the Antitrust Improvements Act Notification and Report

Form (HSR Form) were adopted pursuant to section 7A of the Clayton Act. Section 7A requires firms of a certain size

contemplating mergers or acquisitions of a specified size to file notification with the Federal Trade Commission (FTC) and the

U.S. Department of Justice (DOJ) and to wait a designated period of time before consummating the transaction. It also requires

the FTC, with the concurrence of the U.S. Assistant Attorney General for Antitrust, to promulgate rules requiring that notification

be in a form and contain information necessary to enable the FTC and DOJ to determine whether the proposed acquisition may,

if consummated, violate the antitrust laws. These Rules are continually reviewed in order to improve the program's effectiveness

and to reduce the paperwork burden on the business community. Pursuant to the 2000 Amendments to section 7A of the

Clayton Act, codified at 15 U.S.C. 18a, the filing thresholds are revised annually based on the change in gross national product.

The threshold reporting figure of the size of transaction test under section 7A(a)(2)(B)(I) is now $75.9 million, which was

effective February 24, 2014. 79 FR 3814. On April 25, 2014, the Commission issued a final rule for the HSR Rules, updating

the Instructions to the HSR Form to reflect the address for the Premerger Office's new location in the Constitution Center. The

effective date of the new address was May 6, 2014. 79 FR 25662. The Premerger Office is considering amendments to the HSR

Rules regarding standards for the valuation of potentially reportable transactions. The proposed amendments may be issued

during the first quarter of 2015. The Premerger Office is also considering amendments to the Instructions to the HSR Form to

update information related to NAICS codes, recent rule changes and allow the submission of filings on electronic media.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Proposed Rule

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 801 to 803 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 18a Clayton Act

Legal Deadline: None

Timetable:

Action

Date

FR Cite

NPRM (Licensing Agreements)

08/20/2012

77 FR 50057

NPRM (Licensing Agreements) Comment Period End

10/25/2012

NPRM (Withdrawal of HSR Filings)

02/01/2013

78 FR 10574

Final Rule (Withdrawal of HSR Filings)

06/25/2013

78 FR 41293

Final Rule (Licensing Agreements)

11/15/2013

78 FR 68705

Final Rule (New Address ? PMN Office)

04/25/2014

79 FR 25662

NPRM

03/00/2015

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA91; Previously

Reported as 3084-AA23

Agency Contact: Marian Bruno

Deputy Director

Federal Trade Commission

Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2846

E-Mail: mbruno@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB39

View Related Documents

17

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Unified Agenda

Title: Automotive Fuel Ratings, Certification and Posting

Abstract: First issued in 1979 as required by section 203(c)(1) of the Petroleum Marketing Practices Act and last revised in

2011, the Automotive Fuel Ratings, Certification, and Posting Rule (known as Fuel Rating Rule) sets out a uniform method by

which the octane rating of automotive gasoline can be certified from the refiner through the chain of distribution and then

displayed at the point of retail sale. The rule enables consumers to buy gasoline with an octane rating that is high enough to

prevent inefficient and harmful "engine knock" and to avoid buying a gasoline with an octane rating that is needlessly higher

than the requirements of their automobiles. The rule also establishes standard procedures for determining, certifying, and

posting (by means of a label on the fuel dispenser) the rating of automotive fuels intended for sale to consumers. The

certification requirement may be satisfied by industry documents (shipping receipts, delivery tickets, etc.) on which the rating is

noted, or can be accomplished with a one-time letter of certification. In addition, the rule contains recordkeeping requirements

that require refiners and importers to retain rating test records and distributors and retailers to retain certification records for 1

year. On March 27, 2014, the Commission announced proposed ethanol labeling amendments to revise rating, certification and

labeling requirements for blends of gasoline with more than 10 percent ethanol, and a new octane rating method that would

lower compliance costs. The comment period closed on July 2, 2014. Staff is reviewing comments and anticipates sending a

recommendation to the Commission by the end of the first quarter of 2015.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Proposed Rule

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 306 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 et seq; 15 USC 2801 et seq

Legal Deadline: None

Timetable:

Action

Date

NPRM

04/04/2014

NPRM Comment Period End

07/02/2014

Recommendation to Commission

03/00/2015

FR Cite

79 FR 18850

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 3084-AB14

Agency Contact: Miriam Lederer

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2975

E-Mail: mlederer@ftc.gov

Agency Contact: R Michael Waller Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2902

E-Mail: rwaller@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB07

View Related Documents

Title: Mail or Telephone Order Merchandise Rule

Abstract: As part of the systematic review of all Commission rules, on September 11, 2007, the Commission initiated its

periodic review of the Mail or Telephone Order Merchandise Rule (MTOR or Rule) by publishing a notice seeking public

comments on the effectiveness and impact of the Rule. 72 FR 51728. The FTC also sought public comment on how the Rule

could be amended to address changes in technology and commercial practices. Issued in 1975, and last amended in 1995, the

MTOR requires that when sellers advertise merchandise, they must have a reasonable basis for stating or implying that they can

ship within a certain time. If sellers make no shipment statement, they must have a reasonable basis for believing that they can

ship within 30 days. In the event of delays in shipment, the Rule establishes notification procedures whereby buyers have the

option either to agree to the delay or to cancel the order and receive a prompt refund. The Rule applies when a consumer

places an order by mail or telephone and also by indirect use of telephone via facsimile or computer. Based on a review of

comments received to the 2007 ANPRM, on September 30, 2011, the FTC published a Federal Register Notice concluding that

the Rule continues to benefit consumers and will be retained. 76 FR 60715. For clarity, the Commission reorganized the Rule

by alphabetizing the definitions at the beginning of the Rule. Also on September 30, 2011, in a separate Federal Register

Notice, the Commission issued an NPRM seeking comment on, among other things, possible changes to the Rule to: clarify that

the Rule covers all orders placed over the Internet; revise the Rule to allow sellers to provide refunds and refund notices to

18

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Friday, November 21, 2014

Unified Agenda

buyers by any means at least as fast and reliable as first-class mail; clarify sellers' obligations when buyers use payment

methods not spelled out in the Rule, such as debit cards or prepaid gift cards; and require that refunds be made within 7

working days for purchases that are made using third-party credit, such as Visa or MasterCard cards. 76 FR 60765. The

comment period ended on December 14, 2011. After reviewing the comments, staff submitted its recommendation to the

Commission. On April 29, 2013, the Commission announced the availability of the Staff Report on MTOR, which solicited

comments for 75 days. The comment period closed on July 15, 2013. On September 11, 2014, the Commission announced it

was adopting final amendments to the Rule, including revising its name to Mail Internet or Telephone Order Merchandise. 79 FR

55615 (Sept. 17, 2014). Other final amendments clarify that the Rule covers all orders placed over the Internet; revise the Rule

to allow sellers to provide refunds and refund notices by any means at least as fast and reliable as first class mail; clarify sellers'

obligations when buyers use payment systems not enumerated in the Rule; and require that refunds be made within 7 working

days for purchases made using third-party credit cards. The final rule is effective on December 8, 2014.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Final Rule

Major: No

Unfunded Mandates: No

CFR Citation: 16 CFR 435 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 57a

Legal Deadline: None

Timetable:

Action

Date

FR Cite

ANPRM

09/11/2007

72 FR 51728

ANPRM Comment Period End

11/07/2007

NPRM

09/30/2011

76 FR 60765

Final Rule

09/30/2011

76 FR 60715

NPRM Comment Period End

12/14/2011

Staff Report Announced

04/29/2013

Staff Report Published

05/03/2013

Comment Period Closes on Staff Report

07/15/2013

Final Rule

09/17/2014

Final Rule Effective Date

12/08/2014

78 FR 25908

79 FR 55615

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business; Organizations

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 3084-AA19

Agency Contact: Jock K Chung

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2984

E-Mail: jchung@ftc.gov

RIN: 3084-AB27

Federal Trade Commission ( FTC )

View Related Documents

Title: Rules and Regulations Under the Fur Products Labeling Act

Abstract: The Fur Products Labeling Act (Fur Act) requires covered furs and fur products to be labeled, invoiced, and

advertised to show: (1) the name(s) of the animal that produced the fur(s); (2) that the fur is used fur or contains used fur, if such

is the case; (3) that the fur is bleached, dyed, or otherwise artificially colored, if such is the case; and (4) the name of the

country of origin of any imported furs used in the fur product. Pursuant to section 8(b) of the Fur Act, "... the Commission is

authorized and directed to prescribe rules and regulations governing the manner and form of disclosing information required by

this Act and such further rules and regulations as may be necessary and proper for purposes of administration and enforcement

of this Act." These implementing Fur Rules are set forth at 16 CFR 301. In December 2010, Congress passed the Truth in Fur

Labeling Act (TFLA), which amends the Fur Act, by: (1) eliminating the Commission's discretion to exempt fur products of

"relatively small quantity or value" from disclosure requirements; and (2) providing that the Fur Act will not apply to certain fur

products "obtained ... through trapping or hunting" and sold in "face to face transaction[s]." Public Law No. 111-113. TFLA also

directed the Commission to review and allow comment on the Fur Products Name Guide, 16 CFR 301.0 (Name Guide).

Accordingly, the Commission issued an advance notice of proposed rulemaking (ANPRM) and a request for comments on

March 14, 2011, a Notice of Proposed Rulemaking (NPRM) on September 17, 2012, and a supplemental NPRM on June 19,

2013. On May 28, 2014, the Commission published amendments to the Fur Rules that update the Fur Products Name Guide,

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Unified Agenda

provide more labeling flexibility, incorporate Truth in Fur Labeling Act provisions and conform the guaranty provisions to those

governing the rules under the Textile Fiber Products Identification Act. 79 FR 30445. The amendments are effective on

November 19, 2014. More specifically, the changes eliminate unnecessary requirements on companies that sell fur products to

give them more flexibility on labeling, update the Fur Products Name Guide that lists common animal names allowed on fur

labels, incorporate provisions of a fur labeling law passed by Congress in 2010, the TFLA, including the elimination of the

Commission's discretion to exempt fur products of relatively small quantity or value from disclosure requirements; and providing

that the Fur Act would not apply to products covered by the hunter/trapper exemption.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Final Rule

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 301 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 69

Legal Deadline: None

Timetable:

Action

Date

ANPRM

03/14/2011

ANPRM Comment Period Closed

05/16/2011

NPRM

09/17/2012

NPRM Comment Period End

11/16/2012

Supplemental NPRM

06/19/2013

Supplemental NPRM Comment Period End

07/23/2013

Final Rule

05/28/2014

Final Rule Effective Date

11/19/2014

FR Cite

76 FR 13551

77 FR 57043

78 FR 36693

79 FR 30445

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA51

Agency Contact: Robert M Frisby

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2098

E-Mail: rfrisby@ftc.gov

RIN: 3084-AB16

Federal Trade Commission ( FTC )

View Related Documents

Title: Preservation of Consumers' Claims and Defenses (Holder-in-Due-Course Rule)

Abstract: In early 2016, the Commission plans to request comments on the rule as part of the Commission's systematic review

of all current Commission rules and guides. Issued in 1975, the Holder-in-Due-Course Rule requires sellers to insert language

into consumer credit contracts that preserves any claims and defenses that consumers might have against the seller. The

Commission promulgated the rule after concluding that the use of certain credit transactions to foreclose consumer claims and

defenses arising from credit sale transactions was an unfair practice. This rule eliminated the holder-in-due-course doctrine as a

legal defense for separating the consumer's obligation to pay from the seller's duty to perform. The rule specifically requires

sellers entering into "consumer credit contracts" or accepting the proceeds of "purchase money loans" to ensure that sales

finance contracts and loan contracts contain one of two clauses that preserve the buyer's right to assert against any "holder" of

the credit contract the sales-related claims and defenses that the buyer may have against the seller.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Long-term Action

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 433 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 45 et seq

Legal Deadline: None

Timetable:

Action

Date

ANPRM

01/00/2016

20

FR Cite

Regulations.gov

Friday, November 21, 2014

Unified Agenda

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Small Entities Affected: Business; Governmental Jurisdictions;

Federalism: No

Organizations

Energy Affected: No

Related RINs: Related to 3084-AA08

Agency Contact: Malini Mithal

Assistant Director, Bureau of Consumer Protection/Financial Practices

Federal Trade Commission

600 Pennsylvania Avenue, NW., CC-10232, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2972

E-Mail: mmithal1@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB38

View Related Documents

Title: CAN-SPAM Rule

Abstract: The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act or the Act)

was enacted on December 16, 2003, and sets the rules for commercial email, establishes requirements for commercial

messages, gives recipients the right to have senders of commercial email stop emailing them, and provides for penalties for

violations. FTC issued the CAN-SPAM Rule (Rule) to implement the Act, as authorized by the statute. As part of its ongoing

systematic review of all Federal Trade Commission rules and guides, in 2015 the Commission plans to request public comments

on, among other things, the economic impact and benefits of the Rule; possible conflict between the Rule and State, local, or

other Federal laws or regulations; and the effect on the Rule of any technological, economic, or other industry changes.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined

Unfunded Mandates: No

CFR Citation: 16 CFR 316 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 7701 to 7713; 18 USC 1037

Legal Deadline: None

Timetable:

Action

Date

Rule Review, Request for Public Comments

FR Cite

12/00/2015

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business; Organizations

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA96

Agency Contact: Christopher Brown Federal Trade Commission

600 Pennsylvania Avenue NW., CC-8528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2825

E-Mail: cbrown3@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB13

View Related Documents

Title: Use of Prenotification Negative Option Plans

Abstract: As part of the systematic review of all Commission rules, on May 14, 2009, the Commission initiated its periodic

review of the Negative Option Rule (or the Trade Regulation Rule on Use of Prenotification Negative Option Plans) by

publishing a notice seeking public comments on the effectiveness and impact of the rule. 74 FR 22720. Issued in 1974, and last

reviewed in 1997, the Negative Option Rule governs the operation of prenotification subscription plans. Under these plans,

sellers ship merchandise, such as books, compact discs, or tapes, automatically to their subscribers and bill them for the

merchandise if consumers do not expressly reject the merchandise within a prescribed time. The rule protects consumers by: (a)

requiring that promotional materials disclose the terms of membership clearly and conspicuously; and (b) establishing

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Friday, November 21, 2014

Unified Agenda

procedures for the administration of such "negative option" plans. The 2009 Federal Register Notice sought comments on,

among other things, the economic impact and benefits of this rule; possible conflict between the rule and State, local, or other

Federal laws or regulations; the effect on the rule of any technological, economic, or other industry changes; and whether the

rule should be extended to cover other types of negative option plans. The comment period closed on July 27, 2009. Staff

received requests seeking to extend the comment period from several States, a county government agency, and an industry

trade association. On August 7, 2009, the Commission granted these requests and reopened the comment period until October

13, 2009 (74 FR 40124). On July 25, 2014, the Commission announced it was closing the periodic Regulatory Review and

retaining the Negative Option Rule as currently written. 79 FR 44271 (July 31, 2014).

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Completed Action

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 425 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 41 to 58

Legal Deadline: None

Timetable:

Action

Date

ANPRM

FR Cite

05/14/2009

74 FR 22720

ANPRM Comment Period Reopened

08/11/2009

74 FR 40121

ANPRM Revised Comment Period End

10/13/2009

Confirmation of Rule

07/31/2014

79 FR 44271

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Small Entities Affected: Business; Organizations

Federalism: No

Energy Affected: No

Agency Contact: Robert M Frisby

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2098

E-Mail: rfrisby@ftc.gov

Federal Trade Commission ( FTC )

RIN: 3084-AB29

View Related Documents

Title: Rules and Regulations Under the Wool Products Labeling Act of 1939

Abstract: As part of the systematic review of all Commission rules, on January 30, 2012, the Commission initiated its periodic

review of the Wool Rules by publishing a notice seeking public comments on the effectiveness and impact of the rules. 77 FR

4498. On September 16, 2013, the Commission announced it was issuing an NPRM proposing changes designed to clarify and

update the rules, to make them more flexible, and to align them with the Commission's proposed amendments to the Textile

Rules. 78 FR 57808. The comment period was initially set to close on November 25, 2013. The comment period later extended

closed on December 3, 2013. On June 4, 2014, the Commission amended the Wool Rules to conform to the 2006 amendments

to the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act and the amended Textile Rules. 79 FR

32157. The changes included incorporating the laws new definitions for cashmere and very fine wools clarifying descriptions of

products containing virgin or new wool and allowing certain hang-tags disclosing fiber trademarks and performance even if they

do not disclose the products full fiber content. The amended rules were effective on July 7, 2014. The Wool Products Labeling

Act of 1939 (Wool Act) requires covered wool products to be marked with: (1) the generic names and percentages by weight of

the constituent fibers present in the wool product; (2) the name under which the manufacturer or another responsible U.S.

company does business, or in lieu thereof, the registered identification number (RN) of such a company; and (3) the name of

the country where the wool product was processed or manufactured. Pursuant to section 6(a) of the Wool Act, "The Commission

is authorized and directed to make rules and regulations for the manner and form of disclosing information required by this Act

... and to make such further rules and regulations under and in pursuance of the terms of this Act as may be necessary and

proper for administration and enforcement." These implementing rules and regulations are set forth at 16 CFR 300.

Priority: Substantive, Nonsignificant

Agenda Stage of Rulemaking: Completed Action

Unfunded Mandates: No

Major: No

CFR Citation: 16 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 15 USC 68

Legal Deadline: None

Timetable:

Action

Date

22

FR Cite

Regulations.gov

Friday, November 21, 2014

ANPRM

01/30/2012

ANPRM Comment Period Closed

04/26/2012

NPRM Announced

09/16/2013

NPRM

09/20/2013

NPRM Comment Period Closed

12/03/2013

Final Rule

06/04/2014

Final Rule Effective Date

07/07/2014

Unified Agenda

77 FR 4498

78 FR 57808

79 FR 32157

Regulatory Flexibility Analysis Required: No

Government Levels Affected: No

Federalism: No

Small Entities Affected: Business

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Previously Reported as 3084-AA50

Agency Contact: Robert M Frisby

Attorney

Federal Trade Commission

600 Pennsylvania Avenue NW., CC-9528, Washington, DC 20580

Washington , DC 20580

Phone: 202 326-2098

E-Mail: rfrisby@ftc.gov

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