[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Federal Trade Commission Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


Part LVII





Federal Trade Commission





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Semiannual Regulatory Agenda

[[Page 23894]]



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, 5 U.S.C. 601 
et seq., as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996, Title II of Pub. L. 104-121, 110 Stat. 847. The 
Commission's agenda observes guidelines and procedures issued January 
13, 2000, by the Office of Management and Budget in accordance with the 
provisions of President Clinton's Executive Order No. 12866 
``Regulatory Planning and Review'' of September 30, 1993 (58 FR 51735; 
October 4, 1993).

    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 Regulatory Flexibility Act. The current rulemakings that are 
likely to have some impact on small entities include: (1) Smokeless 
Tobacco Rules, 16 CFR Part 307; (2) the 900-Number Rule, 16 CFR 
Part 308; (3) the Children's Online Privacy Protection Rule, 16 CFR 
Part 312; (4) the Care Labeling Rule, 16 CFR Part 423; (5) the 
Franchise and Business Opportunities Rule, 16 CFR Part 436; (6) the 
Funeral Rule, 16 CFR Part 453; (7) the Trade Regulation Rule on 
Ophthalmic Practice Rules, 16 CFR Part 456; and (8) the Rule on 
Labeling and Advertising of Home Insulation, 16 CFR Part 460.

    In addition, the agency has responded to the optional 
information requirement that corresponds to the requirements of 
Executive Order 13132 ``Federalism'' of August 4, 1999. 64 FR 43255 
(Aug. 10, 1999). The Commission believes that none of the rules in 
this Agenda has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on 
the distribution of power and the responsibilities among the 
various levels of government'' within the meaning of E.O. 13132. 
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.

    The agency also is conducting reviews of the 900-Number Rule as 
required in the Rule and of the Telemarketing Sales Rule as 
required by the Telemarketing and Consumer Fraud and Abuse 
Prevention Act, 15 USC 6101-6108. Most of the other reviews listed 
on the following agenda are being conducted as part of the 
Commission's plan to review and seek information about all of its 
regulations and guides, including their costs and benefits, and 
regulatory and economic impact every ten years. These reviews 
incorporate and expand upon the review required by the Regulatory 
Flexibility Act. The Commission's ten-year program is also 
consistent with the President's March 4, 1995 Regulatory Reform 
Initiative, 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, contact the contact person 
listed for each particular proceeding. Comments or inquiries of a 
general nature about the agenda should be directed to Sandra M. Vidas, 
Attorney, Federal Trade Commission, 600 Pennsylvania Avenue, NW., 
Washington, D.C. 20580, telephone: (202) 326-2456; e-mail: 
[email protected].

By direction of the Commission.

 Donald S. Clark,

Secretary.

                                     Federal Trade Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4265        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986..     3084-AA48
4266        Trade Regulation Rule on Funeral Industry Practices.................................     3084-AA82
4267        Telemarketing Sales Rule............................................................     3084-AA86
----------------------------------------------------------------------------------------------------------------


                                  Federal Trade Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4268        Premerger Notification Rules and Report Form........................................     3084-AA23
4269        Regulatory Review...................................................................     3084-AA47
4270        The Care Labeling Rule..............................................................     3084-AA54
4271        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation....     3084-AA60
4272        Trade Regulation Rule on Franchising and Business Opportunity Ventures..............     3084-AA63

[[Page 23895]]

 
4273        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution        3084-AA78
            Act of 1992.........................................................................
4274        Trade Regulation Rule on Ophthalmic Practice Rules..................................     3084-AA80
4275        Trade Regulation Rule Concerning Power Output Claims for Amplifiers Utilized in Home     3084-AA81
            Entertainment Products..............................................................
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                                   Federal Trade Commission--Final Rule Stage
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4276        Privacy of Consumer Financial Information...........................................     3084-AA85
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                                   Federal Trade Commission--Long-Term Actions
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4277        Amended Federal Deposit Insurance Corporation Improvement Act.......................     3084-AA44
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                                   Federal Trade Commission--Completed Actions
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4278        Appliance Labeling Rule.............................................................     3084-AA83
4279        Children's Online Privacy Protection Rule Pursuant to the Children's Online Privacy      3084-AA84
            Protection Act of 1998..............................................................
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FEDERAL TRADE COMMISSION (FTC)                            Prerule Stage


  



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4265. REGULATIONS UNDER THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
EDUCATION ACT OF 1986

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 4401

CFR Citation: 16 CFR 307

Legal Deadline: None

Abstract: The Comprehensive Smokeless Tobacco Health Education Act of 
1986 requires health warnings on all packages and advertising for 
smokeless tobacco. The Act directs the Commission to issue implementing 
regulations governing the format and display of the warnings. On 
November 4, 1986, the Commission issued its regulations setting out the 
provisions for the size, color, typeface, and rotation of the statutory 
warnings. In FY2000, the Commission will undertake a periodic review of 
the regulations. It will seek information concerning the regulatory and 
economic impact of the Rule, in order to decide whether it should be 
modified or rescinded.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendation to the Commission 
Regarding ANPRM (Regulatory 
Review)                         01/27/00
ANPRM (Regulatory Review)       03/07/00                    65 FR 11944
Comment Period End (Regulatory 
Review)                         04/24/00
Recommendation to the Commission10/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Rosemary Rosso, Attorney, Federal Trade Commission, 
Division of Advertising Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-2174
Email: [email protected]

RIN: 3084-AA48
_______________________________________________________________________




4266. TRADE REGULATION RULE ON FUNERAL INDUSTRY PRACTICES

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 45; 15 USC 46(g); 15 USC 57(a)

CFR Citation: 16 CFR 453

Legal Deadline: None

Abstract: The Funeral Industry Practices Rule, which became effective 
in 1984, requires sellers of funeral goods and services to give price 
lists to consumers who visit a funeral home, and to disclose price and 
other

[[Page 23896]]

information to callers who request it over the telephone. The Rule 
enables consumers to select and purchase only the goods and services 
they want, and requires funeral providers to seek authority before 
performing some services such as embalming. The Rule also requires 
funeral providers to make disclosures regarding any required purchases 
and prohibits misrepresentations regarding requirements and other 
aspects of funeral goods and services. In its 1994 review of the Rule, 
the Commission determined to retain the Rule and amended it to prohibit 
funeral providers from charging a ``casket handling fee'' in addition 
to any non-declinable basic-services fee and deleted certain 
affirmative telephone disclosure requirements. The Commission responded 
to requests to address emerging issues in the funeral industry by 
beginning a review of the Rule in 1998. The Commission previously had 
determined to schedule a review of the Rule in 1999, in accordance with 
its ten-year schedule for reviewing all Commission rules and guides. 
The Commission published a notice soliciting public comment earlier 
this year. In response to requests of industry members and consumer 
groups, the Commission determined to extend the comment period. 
Commission staff conducted a public workshop conference on November 18, 
1999, to discuss and explore openly issues raised in written comments. 
Staff is evaluating the comments and preparing a recommendation to the 
Commission

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendation to Commission 
Regarding Initial Notice for 
Comment                         04/17/99
Initial Notice for Public 
Comment                         05/05/99                    64 FR 24249
Close of Comment Period 
(Extended)                      08/11/99                    64 FR 35965
Public Workshop                 11/18/99                    64 FR 56717
Recommendation to Commission    05/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Myra Howard, Attorney, Federal Trade Commission, 
Division of Marketing Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-2047
Email: [email protected]

RIN: 3084-AA82
_______________________________________________________________________




4267.  TELEMARKETING SALES RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 6101 to 6108

CFR Citation: 16 CFR 310

Legal Deadline: Other, Statutory, December 31, 2000, Rule Review and 
Report to Congress.

Abstract: In 1995, the Commission issued the Telemarketing Sales Rule 
(``TSR''), 16 CFR Part 310, under the Telemarketing and Consumer Fraud 
and Abuse Prevention Act 15 USC 6101-6108. The TSR requires 
telemarketers to disclose information; prohibits misrepresentations; 
limits the times telemarketers may call consumers; prohibits calls to a 
consumer who has asked not to be called again; and sets payment 
restrictions for the sale of certain goods and services.
As required by the Act, the Commission is reviewing the TSR to evaluate 
the Rule's operation and report to Congress. The Commission has issued 
a request for public comment on the rule, its overall costs, benefits 
and its regulatory and economic impact since its adoption in 1995. The 
Commission also held a public forum on January 11, 2000, addressing the 
operation of the Rule's ``do-not-call'' provision. Another public forum 
to discuss other provisions of the Rule is planned for July 27-28, 
2000. Public forums provide the Commission staff and interested parties 
an opportunity to discuss these issues and any other topics that emerge 
from the public comments.
Staff plans to complete its review and forward its recommendations to 
the Commission later this year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendation to Commission re: 
``Do-Not-Call'' provision       10/29/99                    64 FR 66124
Public Forum                    01/11/00
Recommendation to Commission re: 
rule review                     02/07/00
Request for Comments            02/28/00                    65 FR 10428
End Comment Period              04/27/00
Public Forum                    07/27/00
Public Forum                    07/28/00
Recommendation to Commission    12/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Catherine Harrington-McBride, Attorney, Federal Trade 
Commission, Division of Marketing Practices, Bureau of Consumer 
Protection, Washington, DC 20580
Phone: 202 326-2452
Email: [email protected]

Carole I. Danielson, Senior Investigator, Federal Trade Commission, 
Division of Marketing Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-3115
Email: [email protected]

RIN: 3084-AA86

[[Page 23897]]

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FEDERAL TRADE COMMISSION (FTC)                      Proposed Rule Stage


  



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4268. PREMERGER NOTIFICATION RULES AND REPORT FORM

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 18a Clayton Act

CFR Citation: 16 CFR 801 to 803

Legal Deadline: None

Abstract: The Premerger Notification Rules and the Antitrust 
Improvements Act Notification and Report Form were adopted pursuant to 
Section 7A of the Clayton Act. Section 7A requires firms of a certain 
size contemplating mergers or acquisitions of a specified size to file 
notification with the Federal Trade Commission (FTC) and the Department 
of Justice (DOJ) and to wait a designated period before consummating 
the transaction. It also requires the FTC, with the concurrence of the 
Assistant Attorney General for Antitrust, to promulgate rules requiring 
that notification be in a form and contain information necessary to 
enable the FTC and DOJ to determine whether the proposed acquisition 
may, if consummated, violate the antitrust laws. These rules are 
continually reviewed in order to improve the program's effectiveness 
and reduce the paperwork burden on the business community. In March 
1996, the Commission promulgated rules amending the Rule's treatment of 
acquisitions of goods or realty made in the ordinary course of business 
and adding new exemptions for acquisitions of realty and carbon-based 
mineral reserves. In addition, on August 9, 1995, the Commission 
published a final rule that removed 16 CFR part 800, the transitional 
rule addressing the treatment of acquisitions consummated before, and 
notification filed on or before September 5, 1978. On June 25, 1998, 
the Commission issued a Final Rule with a request for comments amending 
Rule 802.70, Acquisitions subject to order. This amendment reduces the 
burden on parties by exempting from the HSR filing requirements 
divestitures included in consent agreements that have been accepted by 
the Commission for public comment, or filed by the Commission or the 
Department of Justice with the District Court and that are subject to 
public comment but are not final orders. The comment period ended July 
27, 1998. No comments were received. The Commission proposed 
modifications to the Premerger Notification and Report Form on June 14, 
1994. 59 FR 30545. Based on comments received in response to the 
Notice, as well as other input from interested parties, the enforcement 
agencies are continuing their review of the Form. If warranted, the 
Commission may propose further modifications in addition to the 
proposed modifications and offer an additional comment period before 
changing the Form.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    09/30/81
NPRM (Ordinary Course)          09/24/85                    50 FR 38742
NPRM (HSR Form Changes)         06/14/94                    59 FR 30545
NPRM (Ordinary Course)          07/28/95                    60 FR 38930
Part 800 Repealed               08/09/95                    60 FR 40704
Final Rule (Ordinary Course)    03/28/96                    61 FR 13666
Final Rule Effective (Ordinary 
Course)                         04/29/96
Final Rule with Request for 
Comments (802.70)               06/25/98                    63 FR 34592
Comment Period End (802.70)     07/27/98
NPRM (HSR Form Changes)         09/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marian Bruno, Assistant Director, Federal Trade 
Commission, Premerger Notification Office, Washington, DC 20580
Phone: 202 326-2486
Email: [email protected]

RIN: 3084-AA23
_______________________________________________________________________




4269. REGULATORY REVIEW

Priority: Other Significant

Legal Authority: 15 USC 41 et seq

CFR Citation: 16 CFR 1 et seq

Legal Deadline: None

Abstract: The Commission is conducting a program to review all current 
rules and guides to identify any that should be modified or rescinded. 
Under the review program, the Commission will review a portion of its 
rules and guides each year, on a revolving ten-year schedule. On 
January 19, 2000, the Commission published a notice in the Federal 
Register listing the rule and guides to be reviewed during 2000 and the 
staff contact person for information about each review. 65 FR 2912. The 
Commission will publish separate notices in the Federal Register for 
the rules and guides to be reviewed during 2000, soliciting comments 
about their costs and benefits and regulatory and economic impact. 
Early next year, the Commission will publish a list of additional rules 
and guides it will review in 2001. No determination about whether to 
modify or rescind a rule, regulation, guide or interpretation or any 
other procedural option should be inferred from the Commission's 
decision to publish a request for comments. In certain instances, the 
reviews may also address other specific matters or issues, such as 
proposed amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Rules and Guides to 
Review in 2000                  01/19/00                     65 FR 2912
Notice of Rules and Guides to 
Review in 2001                  01/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Neil Blickman, Attorney, Federal Trade Commission, 
Division of Enforcement, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-3038
Email: [email protected]

RIN: 3084-AA47
_______________________________________________________________________




4270. THE CARE LABELING RULE

Priority: Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority: 15 USC 41 et seq

CFR Citation: 16 CFR 423

Legal Deadline: None

Abstract: The Care Labeling Rule requires manufacturers and importers 
of textile wearing apparel to attach cleaning instructions stating what 
regular care is needed for the ordinary use of the product and requires 
that the manufacturer or importer possess a reasonable basis for the 
care instructions. On July 1, 1997, a conditional exemption became

[[Page 23898]]

effective, allowing the use of symbols. On December 28, 1995, the 
Commission published an ANPRM relating to possible substantive changes 
in connection with methods of cleaning that can or should be listed on 
the care label, reasonable basis requirements, and definitions of water 
temperatures. An NPRM relating to these possible substantive changes 
was published on May 8, 1998; the comment period ended on July 27, 
1998. The NPRM proposed that the Rule be amended as follows: ``If an 
item of textile wearing apparel can be successfully washed and finished 
by a consumer at home, the label must provide an instruction for 
washing.'' The NPRM also proposed that the Rule be amended to allow for 
labeling for the relatively new process known as ``professional wet 
cleaning.'' Finally, the NPRM proposed a change in the definition of 
``reasonable basis'' in the Rule, and in the definitions of water 
temperature. A workshop for interested parties to discuss the issues 
raised by the NPRM was held on January 29, 1999. A final rule and/or a 
second NPRM will be published in the near future.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/28/95                    60 FR 67102
ANPRM Comment Period End        03/13/96
Final Conditional Exemption     05/29/97                    62 FR 29006
Recommendation to Commission/
NPRM                            01/23/98
NPRM                            05/08/98                    63 FR 25417
Comment Period End              07/27/98
Workshop                        01/29/99
Recommendation to Commission/
NPRM or Final Rule              04/00/00
Final Rule and/or Second NPRM   06/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Constance Vecellio, Care Labeling Rule Coordinator, 
Division of Enforcement, Federal Trade Commission, Washington, DC 20580
Phone: 202 326-2966
Email: [email protected]

RIN: 3084-AA54
_______________________________________________________________________




4271. TRADE REGULATION RULE CONCERNING THE LABELING AND ADVERTISING OF 
HOME INSULATION

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 41 et seq

CFR Citation: 16 CFR 460

Legal Deadline: None

Abstract: The Federal Trade Commission's Trade Regulation Rule 
Concerning the Labeling and Advertising of Home Insulation (R-Value 
Rule) became effective on September 29, 1980. The Rule is designed to 
assist consumers in evaluating and comparing the thermal performance 
characteristics of competing home insulation products. Specifically, 
the Rule requires manufacturers of home insulation products to provide 
information about the product's degree of resistance to the flow of 
heat (R-Value). The Rule also establishes uniform standards for 
testing, information disclosure and substantiation of product 
performance claims. As part of its systematic review of all Commission 
rules and guides, the Commission requested comments on, among other 
things, the economic impact of, and the continuing need for this Rule, 
possible conflicts between the Rule and state, local and other Federal 
laws, and the effect on the Rule of any technological, economic, or 
other industry changes. The Commission is considering the comments 
received in two parts. In part I, the Commission reviewed comments that 
addressed the current benefits, burdens and need for the Rule and 
determined to retain the Rule. The Commission also adopted non-
substantive amendments that: (1) allow the optional use of the 
additional R-value test procedure; and (2) require use in the future of 
revised, current versions of other test procedures cited in the Rule. 
In part II, the Commission will consider the comments recommending that 
the Commission adopt substantive revisions to the Rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/06/95                    60 FR 17492
Commission Action/Part I        03/28/96                    61 FR 13659
Commission Action/ANPRM         09/01/99                    64 FR 48024
Comment Period End              11/15/99
Commission Action on NPRM       07/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gina S. Howard, Attorney, Federal Trade Commission, 
Enforcement Division, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-2982
Email: [email protected]

RIN: 3084-AA60
_______________________________________________________________________




4272. TRADE REGULATION RULE ON FRANCHISING AND BUSINESS OPPORTUNITY 
VENTURES

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 41 to 58

CFR Citation: 16 CFR 436

Legal Deadline: None

Abstract: The Federal Trade Commission's Trade Regulation Rule on 
Franchising and Business Opportunity Ventures (Franchise Rule) became 
effective on October 21, 1979. The Rule is designed to reduce deceptive 
and unfair practices in the sale of franchises and business 
opportunities by requiring the pre-sale disclosure of material 
information about the franchise. For example, the Rule requires 
franchisors to disclose their business background and litigation 
history, as well as the number of failed and terminated franchise 
units. The Rule also requires the disclosure of material terms of the 
franchise relationship, such as recurring fees and termination and 
renewal rights. The Rule further requires the franchisor to provide an 
audited financial statement for the past three fiscal years. Finally, 
the Rule requires any franchisor who makes earnings representations to 
provide the prospective franchisee with an earnings claims document 
that substantiates those claims. On February 28, 1997, the Commission 
published an Advance Notice of Proposed Rulemaking (ANPRM) 
contemplating amendments that would address any new technologies and 
market practices and at the same time, reduce any unnecessary 
regulatory burden. Specifically, the Commission requested comments on 
whether to revise the Rule to more closely align Federal and State 
disclosure requirements governing franchise sales, and to address 
changes in the marketing of franchises, such as

[[Page 23899]]

the sale of franchises internationally and through the Internet. Six 
public workshops were held in five cities during 1997 to promote 
discussions about the issues; allow the public to make statements on 
the record; and assist Commission staff in drafting a proposed amended 
Rule. The Commission extended the comment period to December 31, 1997. 
On October 22, 1999, the Commission published a Notice of Proposed 
rulemaking (NPRM) with a text of a revised Rule. Comments were accepted 
until December 21, 1999, and rebuttal comments were accepted until 
January 31, 2000. Commission staff is now analyzing the comments and 
will prepare a staff report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/28/97                     62 FR 9115
Comment Period End              12/31/97                    62 FR 28824
Recommendation to Commission    03/26/99
NPRM                            10/22/99                    64 FR 57293
NPRM Comment Period End         12/21/99
NPRM Rebuttal Comment Period End01/31/00
Staff Report                    12/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State

Agency Contact: Steven Toporoff, Attorney, Federal Trade Commission, 
Division of Marketing Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-3135
Email: [email protected]

RIN: 3084-AA63
_______________________________________________________________________




4273. TRADE REGULATION RULE PURSUANT TO THE TELEPHONE DISCLOSURE AND 
DISPUTE RESOLUTION ACT OF 1992

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 5701 et seq; 15 USC 5714(1)

CFR Citation: 16 CFR 308

Legal Deadline: None

Abstract: Congress enacted the Telephone Disclosure and Dispute 
Resolution Act of 1992 (TDDRA) to curtail certain unfair and deceptive 
practices perpetrated by some pay-per-call businesses, and to encourage 
the growth of the legitimate pay-per-call industry. TDDRA mandated that 
the FTC promulgate a rule to curb these practices; the 900-Number Rule 
became effective on November 1, 1993. TDDRA granted the Commission 
limited jurisdiction over common carriers for purposes of the 900-
Number Rule. The Rule requires that advertisements for 900-numbers 
contain certain disclosures; that anyone who calls a 900-number service 
be given the opportunity to hang up at the conclusion of the preamble 
without incurring any charge for the call; and establishes procedures 
for resolving billing disputes for 900-number calls and other 
telephone-billed purchases. The Rule itself required the Commission to 
initiate a review of the Rule prior to November 1997. As part of this 
review, the Commission published a notice in the Federal Register on 
March 12, 1997, requesting comments on, among other things, the 
economic impact of, and the continuing need for, the 900-Number Rule 
and the effect on the Rule of any technological or industry changes. 
The Commission also sought comments, pursuant to authority granted 
under the Telecommunications Act of 1996, on whether to expand the Rule 
to govern other similar audio information and entertainment services. 
Staff held a workshop on June 19-20, 1997, during which members of the 
industry discussed issues raised in the comments, including billing and 
collection issues and possible ways to expand the definition of ``pay-
per-call services.'' Many commenters reported that the 900-Number Rule 
has been successful in reducing the abuses that led to the passage of 
TDDRA. Despite the success of the Rule in correcting the abuses in the 
900-number industry, complaints about other types of audiotext services 
(accessed via dialing patterns other than 900 numbers) are being 
reported. The majority of complaints now involve 800 numbers, 
international numbers, or other dialing patterns that do not use the 
900-number prefix. Many consumer and law enforcement agencies also have 
been receiving complaints from consumers who have discovered 
unexplained charges (in some cases, recurring charges) on their 
telephone bills for services that were never authorized, ordered, 
received, or used, a practice known as ``cramming.'' On October 30, 
1998, the Commission published an NPRM that would expand the definition 
of ``pay-per-call'' services beyond 900 numbers and that would 
implement measures to combat telephone bill cramming. The proposed 
revisions would (1) require the express authorization of the person to 
be billed for the purchase of any ``telephone-billed purchases'' that 
cannot be blocked by 900-number blocking; (2) prohibit vendors from 
billing consumers for monthly or other recurring charges for pay-per-
call services unless the vendor had entered into a ``presubscription 
agreement'' with the person to be billed and had sent the consumer a 
written copy of the agreement; and (3) give consumers legal recourse to 
dispute unauthorized charges crammed on phone bills and have those 
charges removed. The comment period was extended to March 10, 1999, and 
the workshop-conference was held on May 20-21, 1999. At the workshop, 
participants discussed issues raised by the comments, such as the 
meaning of ``express authorization'' and the requirements for a 
presubscription agreement. Staff plans to forward a recommendation to 
the Commission for a final rule later this year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/12/97                    62 FR 11750
Comment Period End              05/12/97
Public Workshop                 06/19/97
Public Workshop                 06/20/97
Recommendation to Commission    09/08/98
NPRM                            10/30/98                    63 FR 58524
Comment Period End              01/08/99
Public Workshop-Conference      02/25/99
Comment Period Extended         03/10/99
Public Workshop-Conference Date 
Rescheduled                     05/20/99
Recommendation for Final Rule to 
Commission                      05/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marianne K. Schwanke, Attorney, Federal Trade 
Commission, Division of Marketing Practices, Bureau of Consumer 
Protection, Washington, DC 20580

[[Page 23900]]

Phone: 202 326-3165
Email: [email protected]

Adam Cohn, Attorney, Federal Trade Commission, Division of Marketing 
Practices, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-3411
Email: [email protected]

RIN: 3084-AA78
_______________________________________________________________________




4274. TRADE REGULATION RULE ON OPHTHALMIC PRACTICE RULES

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 41 et seq

CFR Citation: 16 CFR 456

Legal Deadline: None

Abstract: The Trade Regulation Rule on Ophthalmic Practice Rules, also 
known as the ``Prescription Release Rule,'' provides that an 
optometrist or ophthalmologist must give the patient, at no extra cost, 
a copy of the eyeglass prescription immediately after the examination 
is completed. The Rule also prohibits optometrists and ophthalmologists 
from conditioning the availability of an eye examination, as defined by 
the Rule, on a requirement that the patient agrees to purchase 
ophthalmic goods from the optometrist or ophthalmologist, and from 
placing on the prescription, or delivering to the patient, certain 
disclaimers or waivers of liability. The Rule does not require an 
optometrist or ophthalmologist to release a contact lens prescription 
to a patient after an eye exam. As part of its systematic review of all 
Commission rules and guides, the Commission has requested comments on 
the economic impact of, and the continuing need for, this Rule, 
possible conflict between the Rule and State, local, or other Federal 
laws, and the effect on the Rule of any technological, economic, or 
other industry changes. Staff is preparing a memorandum to the 
Commission summarizing the comments received and making recommendations 
as to whether the Commission should revise, repeal, or retain the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/03/97                    62 FR 15865
Notice of Comment Period 
Extension                       05/29/97                    62 FR 29088
Comment Period End              06/02/97
Comment Period End              09/02/97
Recommendation to Commission    04/00/00
Commission Action               07/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Denise Owens, Federal Trade Commission, Division of 
Enforcement, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-3277
Email: [email protected]

RIN: 3084-AA80
_______________________________________________________________________




4275. TRADE REGULATION RULE CONCERNING POWER OUTPUT CLAIMS FOR 
AMPLIFIERS UTILIZED IN HOME ENTERTAINMENT PRODUCTS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 41 et seq

CFR Citation: 16 CFR 432

Legal Deadline: None

Abstract: The Trade Regulation Rule Concerning Power Output Claims for 
Amplifiers Utilized in Home Entertainment Products (``Amplifier Rule'' 
or ``Rule'') was promulgated in 1974 to assist consumers in purchasing 
power amplification equipment for home entertainment purposes by 
standardizing the measurement and disclosure of various performance 
characteristics of the equipment. The Amplifier Rule establishes 
uniform test standards and disclosures so that consumers can make more 
meaningful comparisons of performance attributes. The Rule makes it an 
unfair or deceptive act or practice for manufacturers and sellers of 
sound power amplification equipment for home entertainment purposes to 
fail to disclose certain performance information in connection with 
direct or indirect representations of power output, power band, 
frequency or distortion characteristics. The Rule also sets out 
standard test conditions for performing the measurements that support 
the required performance disclosures. Further, the Rule prohibits 
representations of performance characteristics if they are not 
obtainable when the equipment is operated by the consumer in the usual 
and ordinary manner without the use of extraneous aids.
As part of its systematic review of all Commission rules and guides, 
the Commission requested comments on, among other things, the economic 
impact of, and the continuing need for, this Rule; possible conflict 
between the Rule and State, local and other Federal laws; and the 
effect on the Rule of any technological, economic, or other industry 
changes. Based upon the regulatory review, the Commission determined 
that the Rule applies to self-powered speakers for use with home 
computers and home sound systems but that the Rule should not be 
extended to automobile sound systems. The Commission also determined to 
issue an Advance Notice of Proposed Rulemaking seeking comment on 
whether it should initiate a rulemaking proceeding to amend the Rule to 
reduce the preconditioning power output requirement from one-third of 
rated power to a lower figure, such as one-eighth of rated power; 
exempt sellers who make power output claims in media advertising from 
the requirement to disclose total rated harmonic distortion and the 
associated power bandwidth and impedance ratings; and clarify the 
manner in which the Rule's testing procedures apply to self-powered 
subwoofer-satellite combination speaker systems. The comment period for 
the ANPRM ended on September 8, 1998. Based on the ANPRM record, and 
the staff's recommendation, the Commission has determined to initiate a 
rulemaking proceeding by issuing an NPRM to seek further public comment 
on the aforementioned issues. The comment period on the NPRM ended on 
October 15, 1999. Staff is reviewing the comments and preparing its 
recommendation to the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/07/97                    62 FR 16500
Comment Period End              06/06/97
Recommendation to Commission    05/08/98
ANPRM                           07/09/98                    63 FR 37238
Final Rule (Nonsubstantive 
Technical Changes)              07/09/98                    63 FR 37234
Comment Period End              09/08/98
Recommendation to Commission    04/27/99
NPRM                            07/19/99                    64 FR 38610
Comment Period End              10/15/99                    64 FR 51087
Recommendation to Commission    04/00/00

[[Page 23901]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Neil Blickman, Attorney, Federal Trade Commission, 
Division of Enforcement, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-3038
Email: [email protected]

RIN: 3084-AA81
_______________________________________________________________________


FEDERAL TRADE COMMISSION (FTC)                         Final Rule Stage


  



_______________________________________________________________________




4276.  PRIVACY OF CONSUMER FINANCIAL INFORMATION

Priority: Other Significant

Legal Authority: PL 106-102, sec 504(a)

CFR Citation: 16 CFR 313

Legal Deadline: Final, Statutory, May 12, 2000.

Abstract: As required by Section 504(a) of the Gramm-Leach-Bliley Act, 
the FTC and other agencies must issue rules implementing the Act's 
consumer privacy protections. The Act limits financial institutions' 
disclosure of nonpublic personal information about consumers to 
nonaffiliated third parties, and requires them to tell consumers their 
privacy policies on disclosure and their practices respecting 
information shared with both affiliates and nonaffiliated third 
parties. The Act also requires financial institutions to permit 
consumers to ``opt out'' of disclosures to nonaffiliated third parties. 
The proposed rule would implement the Act's provisions for financial 
institutions subject to the FTC's jurisdiction. The statutory deadline 
for issuing the rule is May 12, 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendation to Commission    02/03/00
Commission Decision             02/23/00
NPRM                            03/01/00                    65 FR 11174
NPRM Comment Period End         03/31/00
Final Rule                      05/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kellie A. Cosgrove, Attorney, Federal Trade Commission, 
Division of Financial Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-3011
Email: [email protected]

Clarke W. Brinckerhoff, Attorney, Federal Trade Commission, Division of 
Credit Practices, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-3208
Email: [email protected]

RIN: 3084-AA85
_______________________________________________________________________


FEDERAL TRADE COMMISSION (FTC)                        Long-Term Actions


  



_______________________________________________________________________




4277. AMENDED FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT

Priority: Substantive, Nonsignificant

CFR Citation: Not Yet Determined

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: Carole Reynolds
Phone: 202 326-3230
Email: [email protected]

RIN: 3084-AA44
_______________________________________________________________________


FEDERAL TRADE COMMISSION (FTC)                        Completed Actions


  



_______________________________________________________________________




4278. APPLIANCE LABELING RULE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 6294 sec 324

CFR Citation: 16 CFR 305

Legal Deadline: None

Abstract: The Commission issued the Appliance Labeling Rule on November 
19, 1979, pursuant to section 324 of title III of the Energy Policy and 
Conservation Act of 1975, 42 USC 6294. The Rule requires manufacturers 
to disclose energy information about major household appliances to 
enable consumers who purchase appliances to compare the energy use or 
efficiency of competing models. The Rule applies to most types of major 
household appliance categories, including the category of ``clothes 
washers.'' There are also requirements that apply to fluorescent light 
ballasts, certain types of lighting products, and certain plumbing 
products. When the Commission published the Rule in 1979, the clothes 
washer category in appendix F was divided into subcategories 
``Standard'' and ``Compact.'' In 1994, the Commission amended appendix 
F to create additional subdivisions of ``Top Loading'' and ``Front 
Loading.'' These subdivisions were created primarily to allow consumers 
to compare the energy efficiency of washers within those subdivisions. 
The technologies of the two types of washers were different and front-
loading clothes washers were generally much more energy-efficient than 
top-loading clothes washers. Also, most consumers who shopped for one 
type of machine were not interested in purchasing the other type of 
machine. Since that time, consumer research has shown that a 
significant portion of consumers who shop for clothes washers now 
consider both types of

[[Page 23902]]

machines. Also, technological advances in the clothes washer industry 
have begun to soften the distinction between front-loading and top-
loading subdivisions. The Department of Energy (DOE), which is 
responsible for establishing standardized tests for these appliances, 
is considering eliminating the separate categories from its testing and 
standards program, and has requested that the Commission consider 
eliminating the top-loading and front-loading subcategories. 
Eliminating these subcategories would also be consistent with the 
Canadian EnerGuide appliance labeling program, and thus, the North 
American Free Trade Agreement (NAFTA) goals of reducing or eliminating 
non-tariff barriers to trade, e.g., labeling requirements). Therefore, 
the Commission requested public comments on a proposal to eliminate the 
top-loading and front-loading categories.
The Commission also has requested public comments on a proposal to 
grant manufacturers of qualifying appliances a conditional exemption 
from the Rule's prohibition against including any information not 
specified by the Rule to be placed on the EnergyGuide labels required 
by the Rule. Manufacturers of all covered appliances must disclose 
specific energy consumption or efficiency information in the form of an 
EnergyGuide label that is affixed to the product. No other marks may 
appear on or adjoin this label except as stated by the Rule. Currently, 
the ENERGY STAR Program, developed by the Environmental Protection 
Agency (EPA) in conjunction with DOE allows an ENERGY STAR logo to be 
placed on qualifying products or on an ENERGY STAR label or fact sheet 
associated with the product. The initials EPA and DOE both appear on 
the logo, the use of which indicates significantly better energy 
performance than a specified norm (DOE's minimum efficiency standards, 
in the case of appliances and HVAC equipment), or the incorporation of 
a specific energy saving feature on the product. The conditional 
exemption would allow a single, combined label (an ``augmented'' 
EnergyGuide) only on appliances and equipment that meet the ENERGY STAR 
Program qualification criteria. Among other things, a single label 
would allow manufacturers to reduce their costs, and would be less 
confusing to consumers than multiple labels relating to energy use. The 
Commission is also proposing a non-substantive amendment to the Rule to 
include the words ``Federal Trade Commission'' on all EnergyGuide 
labels so that consumers and others will be clear as to the identity of 
the agency with the authority to enforce the Rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (Clothes Washers)          11/02/98                    63 FR 58671
NPRM (Conditional Exemption)    11/24/98                    63 FR 64921
Comment Period End (Conditional 
Exemption)                      12/17/98
Comment Period End (Clothes 
Washers)                        01/08/99
Commission Action (Clothes 
Washers)                        03/27/00                    65 FR 16132
Commission Action (Conditional 
Exemption)                      04/03/00                    65 FR 17554
Final Rule Effective (Clothes 
Washers)                        07/14/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: James Mills, Attorney, Federal Trade Commission, 
Division of Enforcement, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-3035
Email: [email protected]

RIN: 3084-AA83
_______________________________________________________________________




4279. CHILDREN'S ONLINE PRIVACY PROTECTION RULE PURSUANT TO THE 
CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998

Priority: Other Significant

Legal Authority: PL 105-277, sec 1301 to 1308

CFR Citation: 16 CFR 312

Legal Deadline: Final, Statutory, October 21, 1999, Promulgation of 
Rule.

Abstract: Congress enacted the Children's Online Privacy Protection Act 
(``COPPA'' or ``the Act'') on October 21, 1998, to provide a means for 
parents to control the flow of their children's personal information 
over the Internet. The Act directs the FTC to adopt regulations, within 
one year after enactment of the Act, that prohibit unfair and deceptive 
acts and practices in connection with the collection and use of 
personal information from and about children on the Internet. Earlier 
this year, the Commission published an NPRM and solicited public 
comment on a proposed rule. The proposed rule, with certain exceptions, 
requires commercial web sites and online service providers directed to 
children who knowingly collect personal information from children to 
obtain verifiable parental consent before collecting, using, or 
disclosing such information. The proposed rule asserts that ``[a]n 
operator must make reasonable efforts to obtain verifiable parental 
consent, taking into consideration available technology. Any method to 
obtain verifiable parental consent must be reasonably calculated, in 
light of available technology, to ensure that the person providing 
consent is the child's parent.'' Operators subject to the proposed rule 
are required to post prominent links on their websites to a notice of 
how they collect and use personal information from children. Under the 
proposed rule, parents must be given the opportunity to prohibit 
operators from disclosing their child's personal information to third 
parties. In addition, the Act requires operators to give parents the 
opportunity to review and make changes to any personal information 
provided by their child, and, at any time, require the operator to 
delete their child's information and prevent the operator from any 
further collection of personal information. The COPPA contains a 
requirement that operators not condition a child's participation in 
online activities on the provision of more personal information than is 
reasonably necessary to participate in those activities. Operators are 
also required under the Act to establish procedures to protect the 
confidentiality, security, and integrity of the personal information 
they collect online from children. In addition, the Act establishes a 
safe harbor program for industry groups or others who wish to create 
self-regulatory programs to govern participants' compliance with the 
Act. Operators who participate in such Commission-approved programs 
will, in most circumstances, be subject to the review and disciplinary 
procedures provided in those guidelines in lieu of formal Commission 
investigation and law enforcement proceedings. Because an initial 
review of the more than 120 public comments indicated to the agency 
that the issue of how web sites can obtain ``verifiable parental 
consent''

[[Page 23903]]

warrants additional discussion and information gathering, a public 
workshop was scheduled for July 20, 1999. Staff has reviewed the public 
comments and information from the public workshop and has forwarded a 
recommendation to the Commission. The Commission recently issued a 
final rule which becomes effective next spring.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/27/99                    64 FR 22750
Comment Period Ends             06/11/99
Public Workshop                 07/20/99
Request for Comments to an 
Initial Regulatory Flexibility 
Analysis (IRFA)                 07/27/99                    64 FR 40525
Comment Period for IFRA Ends    08/06/99
Recommendation to Commission    09/22/99
Commission Promulgated Final 
Rule                            10/20/99                    64 FR 59888
Effective Date for New Rule     04/21/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Toby Milgrom Levin, Attorney, Federal Trade Commission, 
Division of Advertising Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-3156
Email: [email protected]

RIN: 3084-AA84
[FR Doc. 00-5324 Filed 04-21-00; 8:45 am]
BILLING CODE 6750-01-F
