[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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[[Page 66967]]
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