[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33011-33013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10815]


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FEDERAL TRADE COMMISSION

16 CFR Part 453

RIN 3084-AB55


Public Workshop Examining Potential Amendments to the Funeral 
Rule

AGENCY: Federal Trade Commission.

ACTION: Public workshop; request for public comment.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') will 
hold an in-person public workshop relating to its November 2, 2022, 
advance notice of proposed rulemaking (``2022 ANPR'') on the Trade 
Regulation Rule entitled the ``Funeral Industry Practices Rule'' 
(``Funeral Rule'' or ``Rule''). The workshop will explore issues 
relating to the Funeral Rule's General Price List (``GPL'') 
requirements, including whether and how funeral providers should be 
required to provide price lists electronically or online, and other 
issues raised in the comments received in response to the 2022 ANPR.

DATES: The public workshop will be held on September 7, 2023, from 9:30 
a.m. until 3:30 p.m. at the Constitution Center Conference Center, 
located at 400 7th Street SW, Washington, DC 20024. The workshop will 
also be available for viewing via live webcast. Requests to participate 
as a panelist must be received by June 19, 2023. Any written comments 
related to the issues discussed at the workshop must be received by 
October 10, 2023.

ADDRESSES: Interested parties may file a comment or a request to 
participate as a panelist online or on paper, by following the 
instructions in the Filing Comments and Requests to Participate as a 
Panelist part (Section IV) of the SUPPLEMENTARY INFORMATION section 
below. Write ``Funeral Rule Workshop, Project No. P034410'' on your 
comment or request to participate as a panelist. File your comment 
through https://www.regulations.gov. File your request to participate 
as a panelist by email to: [email protected]. If you prefer to file 
your comment or request to participate on paper, write ``Funeral Rule 
Workshop, Project No. P034410'' on your comment or request to 
participate, and on the envelope, and mail your comment or request to 
participate to the Federal Trade Commission, Office of the Secretary, 
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex F), Washington, DC 
20580.

FOR FURTHER INFORMATION CONTACT: Melissa Dickey, Division of Marketing 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-2662; and 
Samantha Denny, Midwest Region, Federal Trade Commission, 230 S. 
Dearborn, Suite 3030, Chicago, IL 60604, (312) 960-5623.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Commission issued the Funeral Rule on September 24, 1982, and 
it became fully effective on April 30, 1984.\1\ The Funeral Rule's 
goals are to lower barriers to price competition in the funeral goods 
and services market and to facilitate informed consumer choice.\2\ The 
Rule helps to achieve these goals by ensuring that: (1) consumers have 
access to sufficient information to permit them to make informed 
decisions; (2) consumers are not required to purchase goods and 
services they do not want and are not required to purchase by law; and 
(3) misrepresentations are not used to influence consumers' 
decisions.\3\
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    \1\ Portions of the Rule became effective on January 1, 1984, 
and others became effective on April 30, 1984. See 48 FR 45537, 
45538 (Oct. 6, 1983); 49 FR 564 (Jan. 5, 1984). Several funeral 
providers challenged the Rule, but it was upheld by the Fourth 
Circuit. Harry and Bryant Co. v. FTC, 726 F.2d 993 (4th Cir. 1984), 
cert. denied, 469 U.S. 820 (1984). The Rule was amended on July 19, 
1994 (59 FR 1592 (Jan. 11, 1994)), and the Third Circuit upheld the 
amended Rule following a challenge. See Pennsylvania Funeral 
Directors Ass'n, Inc. v. FTC, 41 F.3d 81, 83 (3rd Cir. 1994). On 
March 14, 2008, the Commission completed a regulatory review and 
concluded the Rule was still needed and should be retained. See 73 
FR 13740, 13742 (Mar. 14, 2008).
    \2\ See Original Funeral Rule Statement of Basis and Purpose, 47 
FR 42260, 42260 (Sept. 24, 1982).
    \3\ See id.
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    Among other things, the Rule specifies it is an unfair or deceptive 
act or practice for a funeral provider to: (1) fail to furnish accurate 
price information to the purchaser disclosing the cost for each of the 
specific funeral goods or services used in connection with the 
disposition of deceased human remains; \4\ (2) condition the furnishing 
of any funeral good or funeral service upon the purchase of any other 
funeral good or funeral service, or charge a fee as a condition for 
furnishing any goods or services (e.g., a ``casket handling'' fee to 
consumers who provide their own casket); \5\ or (3) embalm the deceased 
for a fee without authorization when embalming is not required by 
law.\6\ The Rule also specifies it is an unfair or deceptive act or 
practice for a funeral provider to misrepresent certain legal or 
cemetery requirements, including those for embalming, caskets or burial 
containers, or any other funeral good or service.\7\
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    \4\ 16 CFR 453.2(a).
    \5\ 16 CFR 453.4(b)(1).
    \6\ 16 CFR 453.5(a).
    \7\ See 16 CFR 453.3-453.5 (listing additional unfair or 
deceptive acts or practices and preventative requirements).
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    The Rule sets forth preventative requirements in the form of 
itemized price and information disclosures to ensure funeral providers 
do not engage in the unfair or deceptive acts or practices described in 
the foregoing paragraph. First, the Rule requires funeral providers to 
provide persons inquiring in-person about funeral goods or services 
with a GPL, which lists the goods and services they offer and their 
itemized prices, along with specific disclosures.\8\ Second, the Rule 
requires funeral providers to show persons inquiring in-person a Casket 
Price List (``CPL'') identifying the caskets and alternative containers 
they offer, and an Outer Burial Container Price List (``OBCPL'') 
listing the vaults and grave liners they offer, along with specific 
disclosures.\9\ Third, funeral providers are required to tell persons 
``who ask by telephone about the funeral provider's offerings or prices 
. . . any accurate information'' from the GPL, CPL, or OBCPL, ``and any 
other readily available information that reasonably answers the 
question.'' \10\ Fourth, the Rule requires that, at the conclusion of 
the discussion of arrangements, funeral providers provide consumers 
with an itemized statement showing all the items selected by the 
customer and the itemized and total costs for those goods and services, 
along with other specific disclosures.\11\
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    \8\ 16 CFR. 453.2(b)(4).
    \9\ 16 CFR 453.2(b)(2)-(3).
    \10\ 16 CFR 453.2(b)(1).
    \11\ 16 CFR 453.2(b)(5).
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    On February 14, 2020, the Commission initiated a review of the Rule 
as part of its periodic review of its rules and guides, and solicited 
comments on, among other issues, the continued usefulness of the 
Rule.\12\ In response to its request for comments, the Commission 
received 785 comments from a diverse group of respondents. Most 
commenters supported the retention of the Rule, with many

[[Page 33012]]

commenters proposing changes to its requirements.
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    \12\ 85 FR 8490 (Feb. 14, 2020).
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    On November 2, 2022, the Commission published an advance notice of 
proposed rulemaking (``ANPR'') in the Federal Register, announcing the 
Commission was considering several potential amendments to the 
Rule.\13\ The Commission sought comment about seven topic areas: (1) 
whether and how funeral providers should be required to display or 
distribute their price information online or through electronic media; 
(2) whether funeral providers should be required to disclose third 
party crematory or other fees on the GPL; (3) whether the Rule's 
requirements regarding reduced basic services fees should be amended; 
(4) whether the Rule should be amended to account for new forms of 
disposition of human remains; (5) whether the Rule's embalming 
disclosure requirements should be amended; (6) whether the Rule should 
be changed to improve the readability of the price lists; and (7) 
whether changes should be made to the Rule to avoid negatively 
impacting underserved communities.\14\ The comment period, as extended, 
closed on January 17, 2023.\15\ In response to the ANPR, the Commission 
received over 663 comments, including comments from consumers, consumer 
advocates, funeral homes, and industry advocates.
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    \13\ 87 FR 66096 (Nov. 2, 2022).
    \14\ See id. at 66111-14.
    \15\ See Press Release, FTC, FTC Extends Public Comment Period 
on Potential Funeral Rule Changes to January 17, 2023 (Dec. 21, 
2022), https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-extends-public-comment-period-potential-funeral-rule-changes-january-17-2023.
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II. Issues for Discussion at the Workshop

    As part of its rulemaking, the FTC is hosting an in-person public 
workshop to seek information about the potential amendments described 
in the 2022 ANPR. The workshop may cover such topics as:
    (1) Online or electronic disclosures of price information;
    (2) New forms of disposition of human remains; and
    (3) The GPL, including the readability of the GPL, the Rule's 
embalming disclosure requirement and other mandatory disclosures, 
whether third-party crematory fees and other third-party fees should be 
disclosed in the GPL, and whether funeral providers should be required 
or permitted to give out GPLs in languages other than English in any 
circumstances.
    A more detailed agenda will be published at a later date, in 
advance of the scheduled workshop.

III. Public Participation Information

A. Workshop Attendance

    The in-person workshop, which is free and open to the public, will 
be conducted in a roundtable format and will be held at the 
Constitution Center, 400 7th Street SW, Washington, DC 20024. For 
admittance to the Constitution Center, all attendees must show valid 
government-issued photo identification, such as a driver's license. 
Please arrive early enough to allow adequate time for this process. The 
workshop will also be available for viewing via live webcast on the 
FTC's website at https://www.ftc.gov/news-events/events/2023/09/funeral-rule-workshop.
    A court reporter will be present to record the proceedings so a 
transcription can be made for the public record. This event may also be 
photographed, videotaped, webcast, or otherwise recorded. By 
participating in this event, you are agreeing that your image--and 
anything you say or submit--may be posted indefinitely at https://www.ftc.gov or on one of the Commission's publicly available social 
media sites.

B. Requests To Participate as a Panelist

    The workshop will be organized into one or more panels, which will 
address the designated topics. Panelists will be selected by FTC staff. 
Other attendees will have an opportunity to comment and ask questions. 
The Commission will place a transcript of the proceeding on the public 
record. Requests to participate as a panelist must be received on or 
before June 19, 2023, as explained in Section IV below. Persons 
selected as panelists will be notified on or before August 16, 2023.
    Disclosing funding sources promotes transparency, ensures 
objectivity, and maintains the public's trust. If chosen, prospective 
panelists will be required to disclose the source of any support they 
received in connection with their participation in the workshop. This 
information will be included in the published panelist bios as part of 
the workshop record.

C. Electronic and Paper Comments

    The submission of comments is not required for participation in the 
workshop. If a person wishes to submit paper or electronic comments 
related to the issues discussed at the workshop, such comments should 
be filed as prescribed in Section IV of this document and must be 
received on or before October 10, 2023. The Commission invites comments 
only on the specific issues discussed at the workshop.

IV. Filing Comments and Requests To Participate as a Panelist

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 10, 
2023. Write ``Funeral Rule Workshop, Project No. P034410'' on your 
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 publicly available website, https://www.regulations.gov.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online, or to send them to the Commission by overnight 
service. To make sure the Commission considers your online comment, you 
must file it through the https://www.regulations.gov website by 
following the instructions on the web-based form provided.
    Because your comment will be placed on the public record, you are 
solely responsible for making sure your comment does not include any 
sensitive or confidential information. In particular, your comment 
should not include any 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 ``trade secret or any 
commercial or financial information which . . . is privileged or 
confidential''--as provided by 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

[[Page 33013]]

and legal basis for the request and must identify the specific portions 
of the comments to be withheld from the public record.\16\ 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 on the https://www.regulations.gov website, 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.
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    \16\ See 16 CFR 4.9(c).
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    Requests to participate as a panelist at the workshop should be 
submitted electronically to [email protected], or, if mailed, should 
be submitted in the manner detailed below. For the Commission to 
consider your request to participate as a panelist, we must receive it 
by June 19, 2023. Parties are asked to include in their requests a 
brief statement setting forth their expertise in or knowledge of the 
issues on which the workshop will focus, as well as their contact 
information, including a telephone number and email address (if 
available), to enable FTC staff to notify them if they are selected.
    If you file request to participate on paper, write ``Funeral Rule 
Workshop, Project No. P034410'' on your request to participate, and on 
the envelope, and mail your request to participate to the Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite 
CC-5610 (Annex F), Washington, DC 20580. If possible, submit your 
request to participate to the Commission by overnight service.
    Visit the Commission website at https://www.ftc.gov to read this 
document and the news release describing it. The FTC Act and other laws 
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 October 10, 2023. The Commission will consider all timely 
requests to participate as a panelist in the workshop it receives by 
June 19, 2023. For information on the Commission's privacy policy, 
including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-10815 Filed 5-22-23; 8:45 am]
BILLING CODE 6750-01-P