Semiannual Regulatory Agenda

Part XXII

Federal Trade Commission

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###Semiannual Regulatory Agenda###

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FEDERAL TRADE COMMISSION (FTC)

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FEDERAL TRADE COMMISSION

16 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: Federal Trade Commission.

ACTION: Semiannual regulatory agenda.

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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 July 23, 2010, by the Office of Management and

Budget in accordance with the provisions of Executive Order No. 12866

``Regulatory Planning and Review'' of September 30, 1993, 58 FR 51735

(Oct. 4, 1993).

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.

Beginning with the fall 2007 edition, the Internet became the

basic means for disseminating the Unified Agenda. 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. Because publication in the

Federal Register is mandated for the regulatory flexibility agendas

required by the RFA (5 U.S.C. 602), the Commission's printed agenda

entries include only: rules that are in the Agency's regulatory

flexibility agenda, in accordance with the Regulatory Flexibility

Act, because they are likely to have a significant economic impact

on a substantial number of small entities; and any rules that the

Agency has identified for periodic review under section 610 of the

Regulatory Flexibility Act.

Printing of these entries is limited to fields that contain

information required by the Regulatory Flexibility

Act's Agenda requirements. Additional information on these

entries is available in the Unified Agenda published on the

Internet. In addition, for fall editions of the Agenda, the entire

Regulatory Plan will continue to be printed in the Federal

Register, as in past years, including the Federal Trade

Commission's regulatory plan.

The Commission has one rulemaking that is in the Agency's

regulatory flexibility agenda, the recently issued amendments to

the Telemarketing Sales Rule, 16 C.F.R. 310, which relate to the

provision of debt relief services to consumers. This rule is likely

to have a significant impact on a substantial number of small

entities.

The Commission's agenda also references the Web site

www.regulations.gov where appropriate. This is the Governmentwide

Web site 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) the Automotive Fuel Ratings, Certification, and

Posting Rule, 16 CFR 306; (2) the Pay-Per-Call Rule (or ``the 1-900

Rule''), 16 CFR 308; (3) the Appliance Labeling Rule, 16 CFR 305,

(4) Labeling Requirements for Alternative Fuels and Alternative-

Fueled Vehicles, 16 CFR 309; (5) Children's Online Privacy

Protection Rule, 16 CFR 312; (6) the Rulemakings with Respect to

Mortgage Loans, to be codified at 16 CFR 321, 322; (7) Retail Food

Store Advertising and Marketing Practices, 16 CFR 424; (8) the

Negative Option Rule, 16 CFR 425; (9) the Cooling-Off Rule, 16 CFR

429; (10) the Amplifier Rule, 16 CFR 432; (11) the Holder-in-Due

Course Rule, 16 CFR 433; (12) Mail or Telephone Order Merchandise

Rule, 16 CFR 435; (13) the Business Opportunity Rule, to be

codified at 16 CFR 437; (14) the Used Car Rule, 16 CFR 455; and

(15) certain rules implementing the Fair and Accurate Credit

Transactions Act of 2003 (FACTA), 16 CFR 602, 603, 604, 610, 611,

613, 614, 641, 642, 660, 680, 681, 682, and 698.

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 E.O. 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, e-mail, or write the

contact person listed for each particular proceeding. General comments

or questions about the agenda should be directed to G. Richard Gold,

[[Page 79931]]

Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW.,

Washington, DC 20580, telephone: (202) 326-3355; e-mail: [email protected].

By direction of the Commission.

Donald S. Clark,

Secretary.

Federal Trade Commission--Prerule Stage

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Regulation

Sequence Title Identifier

Number Number

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607 Telemarketing Sales Rule.............................................................. 3084-AB19

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Federal Trade Commission (FTC) Prerule Stage

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607. TELEMARKETING SALES RULE

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

Abstract: The Federal Trade Commission proposes to amend the FTC's

Telemarketing Sales Rule (TSR or Rule) to address the sale of debt

relief services (74 FR 41988). The Commission seeks public comment on

the proposed amendments, which would: define the term ``debt relief

service;'' ensure that, regardless of the medium through which such

services are initially advertised, telemarketing transactions involving

debt relief services would be subject to the TSR; mandate certain

disclosures and prohibit misrepresentations in the telemarketing of

debt relief services; and prohibit any entity from requesting or

receiving payment for debt relief services until such services have

been fully performed and documented to the consumer. The comment

period, as extended, closed on October 26, 2009. The Commission

received hundreds of comments from the public. The Commission held a

public forum on November 4, 2009, where Commission staff and interested

parties discussed the proposed amendments and issues raised in the

comments. On July 29, 2010, the Commission announced rule amendments

defining debt relief services, prohibiting debt relief providers from

collecting fees until services have been provided, and requiring

specific disclosures related to fundamental aspects of debt relief

services (75 FR 48458). The rule also extends the TSR's coverage to

inbound calls and prohibits misrepresentations related to success rates

and non-profit status. With the exception of the advance fee ban, the

rule's provisions were effective September 27, 2010.

On October 27, 2010, the Commission announced an enforcement policy for

the TSR Debt Relief Services Rule: The Commission will defer

enforcement of the new rule for tax debt relief services until further

notice. The enforcement policy states, however, that tax debt relief

services must comply with the other portions of the FTC's Telemarketing

Sales Rule during the enforcement deferral period. Companies that sell

other kinds of debt relief services over the telephone continue to be

subject to enforcement of the TSR Debt Relief Service Rule, including

the prohibition against charging fees before settling or reducing a

consumer's credit car or other unsecured debt.

Separately, Commission staff are considering proposed amendments to the

TSR concerning caller identification services and disclosure of the

identity of the seller or telemarketer responsible for telemarketing

calls. Staff anticipates that the Commission will issue an advance

notice of proposed rulemaking during the first quarter of 2011.

Commission staff are also considering possible amendments to the TSR

that would provide new or strengthen existing anti-fraud provisions, as

well as make explicit certain other requirements in the TSR. Staff

anticipates that the Commission will issue an advance notice of

proposed rulemaking during the first quarter of 2011.

Timetable:

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Action Date FR Cite

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NPRM 08/19/09 74 FR 41988

NPRM Comment Period End 10/09/09

NPRM Comment Period Extended 10/15/09 74 FR 52914

NPRM Extended Comment Period End10/26/09

Public Forum 11/04/09

Final Rule 08/10/10 75 FR 48458

Technical Correction to Final

Rule 08/24/10 75 FR 51934

Effective Date 09/27/10

Effective Date (Advance Fee Ban)10/27/10

ANPRM (Caller ID) 03/00/11

NPRM (Anti-fraud) 08/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Allison Brown, Attorney, Federal Trade Commission,

Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington,

DC 20580

Phone: 202 326-3079

Email: [email protected]

RIN: 3084-AB19

[FR Doc. 2010-30466 Filed 12-17-10; 8:45 am]

BILLING CODE 6750-01-S