[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66966-66967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16468]



[[Page 66965]]

Vol. 89

Friday,

No. 159

August 16, 2024

Part XXIV





Federal Trade Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: 
Reg Flex 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. The 
Commission's agenda follows guidelines and procedures issued February 
20, 2024, by the Office of Management and Budget in accordance with the 
provisions of Executive Order 12866, ``Regulatory Planning and 
Review,'' of September 30, 1993, 58 FR 51735 (Oct. 4, 1993).
    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 2024, the Commission has one rule, the newly issued 
Non-Compete Clause Rule which will be codified at 16 CFR 910, that 
meets the RFA's publication requirements. In addition, the Commission 
has three rules or rulemakings that would be a ``significant regulatory 
action'' under the definition in Executive Order 12866: the proposed 
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 recently promulgated Combating Auto Retail 
Scams Trade Regulation Rule, which will be codified at 16 CFR 463; and 
the newly issued Non-Compete Clause Rule, which will be codified at 16 
CFR 910.
    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; (3) the Children's Online Privacy Protection Rule, 16 
CFR 312; (4) the Safeguards Rule, 16 CFR 314; (5) the Health Breach 
Notification Rule, 16 CFR 318; (6) the Care Labeling Rule, 16 CFR 423; 
(7) the Negative Option Rule, 16 CFR 425; (8) the Cooling-Off Rule, 16 
CFR 429; (9) the Amplifier Rule, 16 CFR 432; (10) the Franchise Rule, 
16 CFR 436; (11) the Business Opportunity Rule, 16 CFR 437; (12) the 
Funeral Rule, 16 CFR 453; (13) the Eyeglass Rule, 16 CFR 456; (14) the 
newly promulgated Trade Regulation Rule on Impersonation of Government 
and Businesses 16 CFR 461; (15) the newly promulgated Combating Auto 
Retail Scams Trade Regulation Rule, 16 CFR 463; (16) the Identity Theft 
Rules, 16 CFR 681; (17) the newly issued Non-Compete Clause Rule, to be 
codified at 16 CFR 910; (18) the newly proposed Trade Regulation Rule 
on Earnings Claims; (19) the potential Trade Regulation Rule on 
Commercial Surveillance; (20) the newly proposed Trade Regulation Rule 
Concerning Reviews and Endorsements; and (21) the newly proposed Trade 
Regulation Rule on Unfair and Deceptive Fees. The Commission's 
rulemaking review process carefully considers regulatory burdens and 
streamlines rules when feasible and appropriate.
    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.

               Federal Trade Commission--Final Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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358.......................  Non-Compete Clause Rule...         3084-AB74
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FEDERAL TRADE COMMISSION (FTC)

Final Rule Stage

358. 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. With respect to existing non-compete clauses, i.e., non-compete 
clauses entered into before the effective date, the final rule adopts a 
different approach for senior executives than for other workers. For 
senior executives, existing non-compete clauses can remain in force, 
while existing non-compete clauses with other workers are not 
enforceable after the effective date. The final rule becomes effective 
on September 4, 2024.
    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................   09/04/24  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Karuna Patel, Attorney, Federal Trade Commission, 
600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-2510, 
Email: [email protected].
    RIN: 3084-AB74

[FR Doc. 2024-16468 Filed 8-15-24; 8:45 am]
BILLING CODE 6750-01-P