Semiannual Regulatory Agenda

Semiannual Regulatory Agenda

Federal Register / Vol. 90, No. 181 / Monday, September 22, 2025 /

Unified Agenda

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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 Federal Trade Commission (FTC or Commission) is publishing

its semiannual regulatory agenda 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.

SUPPLEMENTARY INFORMATION: The Commission's agenda follows guidelines

and procedures issued March 26, 2025, by the Office of Management and

Budget in accordance with the provisions of Executive Order (E.O.)

12866, ``Regulatory Planning and Review,'' of September 30, 1993, 58 FR

51735 (Oct. 4, 1993).\1\

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\1\ E.O. 14215 ``Ensuring Accountability for All Agencies'' (90

FR 10447 (Feb. 18, 2025)), among other items, requires independent

agencies to submit to the Office of Management and Budget for review

all significant proposed and final regulatory actions pursuant to

E.O. 12866 Section 6.

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The Government-wide Unified Agenda of Federal Regulatory and

Deregulatory Actions includes a list of all regulatory actions under

development or review and is scheduled for publication in its entirety

on www.reginfo.gov and www.regulations.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 of agenda

entries for rules that are likely to have a significant impact on a

substantial number of small entities (5 U.S.C. 602) and any such rules

that the agency has identified for periodic review under section 610 of

the RFA. For spring 2025, the Commission has one rule, the Unfair or

Deceptive Fees Trade Regulation Rule, 16 CFR 464, that meets the RFA's

publication requirements. In addition, the Commission has rules or

rulemakings that would be a ``significant regulatory action'' under the

definition in Executive Order 12866, including: the Unfair or Deceptive

Fees Trade Regulation Rule, 16 CFR 464; the amendments to the Premerger

Notification Rules and Report Form, found at 16 CFR 801-803 and

relating to substantive HSR form changes, including implementing

congressionally-mandated reporting requirements on foreign subsidies;

the Non-Compete Clause Rule, 16 CFR 910, a rule that is subject to

ongoing litigation, and the Combating Auto Retail Scams Trade

Regulation Rule, a rule that has since been vacated by the courts and

which was to have otherwise been codified at 16 CFR 463.

The Commission has identified rulemakings that are likely to have

some impact on small entities, but do not meet the RFA's publication

requirements. The current rulemakings that are likely to have some

impact on small entities are: (1) the Energy Labeling Rule, 16 CFR 305;

(2) the Alternative Fuels Rule, 16 CFR 309; (3) the Telemarketing Sales

Rule, 16 CFR 310; (4) the Children's Online Privacy Protection Rule, 16

CFR 312; (5) the Negative Option Rule, 16 CFR 425; (6) the Cooling-Off

Rule, 16 CFR 429; (7) the Franchise Rule, 16 CFR 436; (8) the Business

Opportunity Rule, 16 CFR 437; (9) the Funeral Rule, 16 CFR 453; (10)

the Trade Regulation Rule on Impersonation of Government and

Businesses, 16 CFR 461; (11) the Identity Theft Rules, 16 CFR 681; (12)

the proposed Trade Regulation Rule on Earnings Claims, to be codified

at 16 CFR 462; (13) the potential Trade Regulation Rule on Commercial

Surveillance, 87 FR 51273 (Aug. 22, 2022); and (14) the Trade

Regulation Rule on Unfair and Deceptive Fees, 16 CFR 464.

This agenda reflects only deregulatory plans already announced by

the Commission. In line with the President's Executive Orders 14192,

``Unleashing Prosperity Through Deregulation,'' 90 FR 9065 (Feb. 6,

2025), and 14219, ``Ensuring Lawful Governance and Implementing the

President's ``Department of Government Efficiency'' Deregulatory

Initiative,'' 90 FR 10583 (Feb. 25, 2025), the Commission is

considering further deregulatory actions not reflected in this agenda.

The Commission's rulemaking review process carefully considers

regulatory burdens and streamlines rules when feasible and appropriate.

In particular, the Commission intends to review decades-old rules to

determine whether they are obsolete and could be narrowed or rescinded.

The majority of the rulemakings listed in the agenda are being

conducted as part of the Commission's systematic review of all of its

regulations and guides on a rotating basis. Under the Commission's

program, rules are reviewed on a 10-year schedule. In each rule review,

the Commission requests 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. 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 FTC

staff's assessment that the specified event will occur this year. No

final determination by the staff or the Commission respecting the need

for or the substance of a rule 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 information in

this agenda may change as new information, changes of circumstances, or

changes in the law occur.

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

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: [email protected].

By direction of the Commission.

April J. Tabor,

Secretary.

[[Page 45645]]

Federal Trade Commission--Final Rule Stage

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Regulation

Sequence No. Title Identifier No.

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307....................... Non-Compete Clause Rule... 3084-AB74

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Federal Trade Commission--Completed Actions

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Regulation

Sequence No. Title Identifier No.

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308....................... Unfair or Deceptive Fees 3084-AB77

Trade Regulation Rule.

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Federal Trade Commission (FTC) Final Rule Stage

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307. NON-COMPETE CLAUSE RULE [3084-AB74]

Legal Authority: 15 U.S.C. 41 to 58

Abstract: On January 19, 2023, the Commission proposed the Non-

Compete Clause Rule. 88 FRS 3482 (Jan. 19, 2023). The comment period as

extended closed on April 19, 2023, 88 FR 20441 (Apr. 6, 2023), and the

Commission received over 26,000 public comments. The Commission issued

a final rule on May 7, 2024. 89 FR 38342 (May 7, 2024). The Non-Compete

Clause Rule provides that it is an unfair method of competition and

therefore a violation of section 5 of the Federal Trade Commission Act

for persons to, among other things, enter into or attempt to enter into

non-compete clauses with workers on or after the final rule's effective

date. On August 15, 2024, a federal district court in Florida issued a

decision granting a stay and enjoining the FTC's enforcement of the

Rule against the plaintiff in that case. On August 20, 2024, a federal

district court in Texas issued a similar order, which had a nationwide

effect of stopping the FTC from enforcing the rule on September 4,

2024, the rule's effective date. On March 7, 2025, the federal

government filed motions for a 120-day stay of its challenges in the

U.S. Court of Appeals for the Fifth and Eleventh Circuits. The appeals

courts are considering the lower federal court rulings in Texas and

Florida that invalidated or enjoined, respectively, the Biden-era FTC

rule that would have banned nearly all noncompete agreements. The Rule

is under review.

Timetable:

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Action Date FR Cite

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NPRM................................ 01/19/23 88 FR 3482

NPRM Comment Period Extended........ 04/06/23 88 FR 20441

NPRM Extended Comment Period End.... 04/19/23

Final Rule.......................... 05/07/24 89 FR 38342

Final Rule Effective Date--stayed... 09/04/24

Motion to Stay Ruling for 120 Days.. 03/21/25

FTC Files Status Report With Court.. 07/00/25

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Regulatory Flexibility Analysis Required: Yes

Agency Contact: Clarke Edwards, Acting Director, Office of Policy

Planning, Federal Trade Commission, 600 Pennsylvania Avenue NW,

Washington, DC 20580

Phone: 202 326-2097

Email: [email protected]

RIN: 3084-AB74

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Federal Trade Commission (FTC) Completed Actions

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308. UNFAIR OR DECEPTIVE FEES TRADE REGULATION RULE [3084-AB77]

Legal Authority: 15 U.S.C. secs. 41 to 58

Abstract: On November 8, 2022, the Federal Trade Commission issued

an advance notice of proposed rulemaking to address certain deceptive

or unfair acts or practices relating to fees. 87 FR 67413 (Nov. 8,

2022). A Commission rule codifying prohibitions against or limitations

on certain kinds of prevalent unfair or deceptive fee practices

protects the American people and brings greater price transparency to

the marketplace. The Commission solicited written comment, data, and

argument concerning the need for such a rulemaking to prevent persons,

entities, and organizations from imposing such fees on consumers. The

public comment period as extended closed on February 8, 2023.

On November 9, 2023, the Commission issued a notice of proposed

rulemaking to promulgate a trade regulation rule to prohibit unfair or

deceptive practices relating to fees for goods or services,

specifically, misrepresenting the total costs of goods and services by

omitting mandatory fees from advertised prices and misrepresenting the

nature and purpose of fees. 88 FR 77420 (Nov. 9, 2023). The extended

public comment period closed on February 7, 2024. On April 24, 2024,

the Commission held an informal hearing at the request of eight

commenters. Seventeen commenters participated at the informal hearing.

On January 10, 2025, the Commission issued the Final Rule, which

requires that businesses clearly and conspicuously disclose the true

total price inclusive of all mandatory fees whenever they offer,

display, or advertise any price of live-event tickets or short-term

lodging. Businesses cannot misrepresent any fee or charge in any offer,

display, or ad for live-event tickets or short-term lodging. 90 FR 2066

(Jan. 10, 2025). The Rule was effective on May 12, 2025.

Timetable:

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Action Date FR Cite

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ANPRM............................... 11/08/22 87 FR 67413

ANPRM Extended Comment Period End... 02/08/23 88 FR 4796

NPRM................................ 11/09/23 88 FR 77420

NPRM Comment Period Extended........ 01/02/24 89 FR 38

NPRM Extended Comment Period End.... 02/07/24

Notice of Informal Hearing.......... 03/27/24 89 FR 21216

Informal Hearing.................... 04/24/24

Final Rule.......................... 01/10/25 90 FR 2066

Final Rule Effective Date........... 05/12/25

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Regulatory Flexibility Analysis Required: Yes

Agency Contact: Janice Kopec, Attorney, Federal Trade Commission,

600 Pennsylvania Avenue NW, Washington, DC 20580

Phone: 202 326-2550

Email: [email protected]

[[Page 45646]]

Edwin Rodriguez, Attorney, Federal Trade Commission, 600

Pennsylvania Avenue NW, Washington, DC 20580

Phone: 202 326-3147

Email: [email protected]

RIN: 3084-AB77

[FR Doc. Filed 08-18-25; 0:00 a.m.]

BILLING CODE 6750-01-P

[FR Doc. 2025-18319 Filed 9-19-25; 8:45 am]

BILLING CODE 6750-01-P