[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Proposed Rules]
[Pages 79929-79931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30466]


[[Page 79929]]

-----------------------------------------------------------------------

Part XXII





Federal Trade Commission





-----------------------------------------------------------------------



###Semiannual Regulatory Agenda###

[[Page 79930]]



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 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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
607         Telemarketing Sales Rule..............................................................    3084-AB19
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Federal Trade Commission (FTC)                            Prerule Stage






_______________________________________________________________________


<###DOC>

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:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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