[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63738-63739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22813]


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FEDERAL TRADE COMMISSION

16 CFR Chapter I


Trade Regulation Rule on Commercial Surveillance and Data 
Security

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed rulemaking; extension of comment 
period.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
extending the deadline for filing comments on its advance notice of 
proposed rulemaking (``ANPR'') regarding whether the Commission should 
prescribe new trade regulation rules or other regulatory alternatives 
concerning commercial surveillance and data security practices that are 
prevalent and unfair or deceptive.

DATES: The deadline for comments on the advance notice of proposed 
rulemaking published August 22, 2022 (87 FR 51273) is extended. 
Comments must be received on or before November 21, 2022.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Comment Submissions part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Commercial 
Surveillance ANPR, R111004'' on your comment, and file your comment 
online at https://www.regulations.gov. If you prefer to file your 
comment on paper, mail your comment to the following address: Federal 
Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, 
Suite CC-5610 (Annex B), Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: James Trilling, 202-326-3497; Peder 
Magee, 202-326-3538; Olivier Sylvain, 202-326-3046; or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Comment Period Extension

    On August 22, 2022 (87 FR 51273), the Commission published in the 
Federal Register an advance notice of proposed rulemaking concerning 
Trade Regulation Rule on Commercial Surveillance and Data Security 
(``ANPR''), with an October 21, 2022 deadline for filing comments. The 
Commission published the ANPR to seek public comments on the prevalence 
of commercial surveillance and data security practices that are unfair 
or deceptive acts or practices under the Federal Trade Commission Act 
and whether the Commission should prescribe new trade regulation rules 
or other regulatory alternatives to address them. Interested parties 
have subsequently requested an extension of the public comment period 
to give them additional time to respond to the ANPR's requests for 
comment.\1\
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    \1\ See Cmt. of NTCA--The Rural Broadband Association, Docket ID 
FTC-2022-0053 (Oct. 6, 2022), https://www.regulations.gov/comment/FTC-2022-0053-0142; Cmt. of Am. Escrow Ass'n et al., Docket ID FTC-
2022-0053 (Sept. 26, 2022), https://www.regulations.gov/comment/FTC-2022-0053-0105.
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    The Commission agrees that allowing additional time for filing 
comments in response to the ANPR would help facilitate the creation of 
a more complete record. The Commission has therefore decided to extend 
the comment period for 31 days, to November 21, 2022. A 31-day 
extension will provide commenters adequate time to address the issues 
raised in the ANPR.

II. Request for Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before November 21, 
2022. Write ``Commercial Surveillance ANPR, R111004'' on the comment. 
Your comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the https://www.regulations.gov website. The Commission strongly 
encourages you to submit your comment online through the https://www.regulations.gov website. To ensure the Commission considers your 
online comment, please follow the instructions on the web-based form.
    If you file your comment on paper, write ``Commercial Surveillance 
ANPR, R111004'' on your comment and on the envelope, and mail your 
comment to the following address: Federal Trade Commission, Office of 
the Secretary,

[[Page 63739]]

600 Pennsylvania Avenue NW, Suite CC-5610 (Annex B), Washington, DC 
20580.
    Because your comment will be placed on the public record, you are 
solely responsible for making sure that your comment does not include 
any sensitive or confidential information. In particular, your comment 
should not contain sensitive personal information, such as your or 
anyone else's Social Security number; date of birth; driver's license 
number or other state identification number or foreign country 
equivalent; passport number; financial account number; or credit or 
debit card number. You are also solely responsible for making sure your 
comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information. 
In addition, your comment should not include any ``[t]rade secret or 
any commercial or financial information which . . . is privileged or 
confidential''--as provided in Section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including in 
particular competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted publicly at https://www.regulations.gov--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the FTC website to read this document and the news release 
describing it. The FTC Act and other laws that the Commission 
administers permit the collection of public comments to consider and 
use in this proceeding as appropriate. The Commission will consider all 
timely and responsive public comments it receives on or before November 
21, 2022. For information on the Commission's privacy policy, including 
routine uses permitted by the Privacy Act, see https://www.ftc.gov/siteinformation/privacy-policy.

    By direction of the Commission, Commissioner Wilson abstaining.
April J. Tabor,
Secretary.
[FR Doc. 2022-22813 Filed 10-19-22; 8:45 am]
BILLING CODE 6750-01-P