[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21951-21953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8982]


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Part XX





Federal Trade Commission





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###Semiannual Regulatory Agenda###

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FEDERAL TRADE COMMISSION (FTC)

_______________________________________________________________________

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 January 15, 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).

    Since the fall 2007 edition, the Internet has been the basic 
means for disseminating the Unified Agenda. The complete Unified 
Agenda is available online at www.reginfo.gov. Because publication 
in the Federal Register is mandated for the regulatory flexibility 
agendas required by the Regulatory Flexibility Act (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.

    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 one rule that is a ``significant regulatory 
action'' under the definition in Executive Order 12866. This is the 
FACTA (or Fair and Accurate Credit Transactions Act of 2003) Risk-
Based Pricing Final Rule, which the Commission issued jointly with 
the Federal Reserve on January 15, 2010 (75 FR 2724). There is 
further information about this in the Agenda abstract for FACTA 
rulemakings.

    The Commission has responded to OMB's request that agencies 
discuss international effects of their rulemakings in The 
Regulatory Plan narrative. 74 FR 64137, 64366. The Commission has 
also 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 
Appliance Labeling Rule, 16 CFR 305; (2) the Automotive Fuel 
Ratings, Certification, and Posting Rule, 16 CFR 306; (3) the 
Smokeless Tobacco Rules, 16 CFR 307; (4) the Pay-Per-Call Rule (or 
``the 1-900 Rule''), 16 CFR 308; (5) Labeling Requirements for 
Alternative Fuels and Alternative-Fueled Vehicles, 16 CFR 309; (6) 
Telemarketing Sales Rule, 16 CFR 310; (7) Children's Online Privacy 
Protection Rule, 16 CFR 312; (8) Privacy of Consumer Financial 
Information, 16 CFR 313; (9) the Rulemaking With Respect to 
Mortgage Loans, to be codified at 16 CFR 321, 322; (10) Retail Food 
Store Advertising and Marketing Practices, 16 CFR 424; (11) the 
Negative Option Rule, 16 CFR 425; (12) the Cooling-Off Rule, 16 CFR 
429; (13) the Amplifier Rule, 16 CFR 432; (14) the Holder-in-Due 
Course Rule, 16 CFR 433; (15) Mail or Telephone Order Merchandise 
Rule, 16 CFR 435; (15) the Business Opportunity Rule, to be 
codified at 16 CFR 437; (16) the Used Car Rule, 16 CFR 455; and 
(17) 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, 
Attorney, telephone: (202) 326-3355; e-mail: [email protected], or Robert 
A. Nelson, Jr., Paralegal, telephone: (202) 326-2931; e-mail: 
[email protected], Federal Trade Commission, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

By direction of the Commission.

 Donald S. Clark,

Secretary.

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                                   Federal Trade Commission--Completed Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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411         Privacy of Consumer Financial Information.............................................    3084-AA97
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_______________________________________________________________________
Federal Trade Commission (FTC)                        Completed Actions

_______________________________________________________________________

411. PRIVACY OF CONSUMER FINANCIAL INFORMATION

Legal Authority: 15 USC 6801 et seq

Abstract: This rulemaking is related to RIN 3084-AA85. In 2000, the 
Commission, the banking agencies, and the Securities and Exchange 
Commission published rules (Privacy Rules) for the Gramm-Leach-Bliley 
Act (GLB Act) requirement that financial institutions provide a notice 
of its privacy policies and practices to its customers. The Privacy 
Rule does not specify any format or standardized wording for these 
notices. In response to concerns expressed by representatives of 
financial institutions, consumers, privacy advocates, and Members of 
Congress, the agencies conducted a workshop in December 2001 to 
consider how financial institutions could provide more useful privacy 
notices to consumers. Subsequently, the agencies published an advance 
notice of proposed rulemaking (ANPRM) and requested comments on a 
variety of subjects including the goals, elements, language, costs and 
benefits, and permissible aspects of alternative privacy notices. 68 FR 
75164. The comment period ended on March 29, 2004. Six of these 
agencies (seven as of April 2006) thereafter funded consumer research 
and testing to inform the development of alternative privacy notices 
that are easier for consumers to understand and use.
As directed by section 728 of the Financial Services Relief Act of 
2006, Public Law No. 109-351, which added section 503(e) to the GLB 
Act, the Commission, together with seven other Federal agencies (the 
Board of Governors of the Federal Reserve System, the Federal Deposit 
Insurance Corporation, the Office of the Comptroller of the Currency, 
the Office of Thrift Supervision, the National Credit Union 
Administration, the Securities and Exchange Commission, and the 
Commodity Futures Trading Commission), must propose a model form that 
may be used at the option of financial institutions for the privacy 
notices required under GLB within 280 days after enactment, or by April 
11, 2007. On March 29, 2007, the agencies published an NPRM proposing a 
model form of the prototype privacy notice developed during the 
consumer research testing project undertaken by first six, then seven, 
of these agencies. 72 FR 14940. Errata were published in the Federal 
Register on April 5, 2007. 72 FR 16875. The comment period ended on May 
29, 2007. On November 17, 2009, the agencies announced a model privacy 
form that financial institutions may rely on as a safe harbor to 
provide disclosures under the privacy rules. 75 FR 62890. In addition, 
the agencies other than the SEC are eliminating the safe harbor 
permitted for notices based on the Sample Clauses currently contained 
in the privacy rules if the notice is provided after December 31, 2010.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Workshop                 12/04/01
ANPRM                           12/30/03                    68 FR 75164
ANPRM Comment Period End        03/29/04
NPRM                            03/29/07                    72 FR 14940
Errata                          04/05/07                    72 FR 16875
NPRM Comment Period End         05/29/07
Final Rule                      12/01/09                    74 FR 62890

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Loretta Garrison, Senior Attorney, Federal Trade 
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, 
Washington, DC 20580
Phone: 202 326-3043
Email: [email protected]

RIN: 3084-AA97
[FR Doc. 2010-8982 Filed 04-23-10; 8:45 am]
BILLING CODE 6750-01-S