# Friday, November 21, 2014 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/agency%3Aftc%3Aea551dfecab7ca7f ## Record - **Collection:** Agency decision - **Document type:** Agency decision ## Text 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 1 Regulations.gov Friday, November 21, 2014 Unified Agenda 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. 2 Regulations.gov Friday, November 21, 2014 Unified Agenda 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 3 Regulations.gov Friday, November 21, 2014 Unified Agenda 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. 4 Regulations.gov Friday, November 21, 2014 Unified Agenda 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 5 Regulations.gov Friday, November 21, 2014 Unified Agenda 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 6 Regulations.gov Friday, November 21, 2014 Unified Agenda 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. 7 Regulations.gov Friday, November 21, 2014 Unified Agenda 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 8 Regulations.gov Friday, November 21, 2014 Unified Agenda 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 9 FR Cite Regulations.gov Friday, November 21, 2014 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 10 Regulations.gov Friday, November 21, 2014 Unified Agenda 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 11 FR Cite Regulations.gov Friday, November 21, 2014 Unified Agenda 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 Regulations.gov 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 Regulations.gov Friday, November 21, 2014 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 14 Regulations.gov 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 74 FR 52914 Regulations.gov 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 Regulations.gov 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 Regulations.gov Friday, November 21, 2014 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 Regulations.gov 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, 19 Regulations.gov Friday, November 21, 2014 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 21 Regulations.gov 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 23 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Aftc%3Aea551dfecab7ca7f. Public record. Not legal advice.