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


[[Page 74947]]

Part LVIII





Federal Trade Commission





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 74948]]



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 follows guidelines and procedures issued June 29, 
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). This edition of the Unified Agenda of Federal 
Regulatory and Deregulatory Actions includes The Regulatory Plan, which 
appears in part II of this issue of the Federal Register. The Federal 
Trade Commission's Statement of Regulatory Priorities is included in 
part II.

     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 Franchise and Business Opportunities Rule, 16 CFR 
part 436; (4) the Funeral Rule, 16 CFR part 453; (5) the Ophthalmic 
Practice Rules, 16 CFR part 456; and (6) the Rule on Labeling and 
Advertising of Home Insulation, 16 CFR part 460; and (7) the 
rulemaking begun pursuant to title V section 501(b) of the Gramm-
Leach-Bliley Act: Privacy of Consumer Information -- Security, to 
establish security standards to safeguard consumer information.

     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
----------------------------------------------------------------------------------------------------------------
4694         Premerger Notification Rules and Report Form.......................................     3084-AA23
4695         Regulatory Review..................................................................     3084-AA47
4696         Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986.     3084-AA48
4697         Trade Regulation Rule on Funeral Industry Practices................................     3084-AA82
4698         Telemarketing Sales Rule...........................................................     3084-AA86
4699         Privacy of Consumer Information -- Security........................................     3084-AA87
----------------------------------------------------------------------------------------------------------------



[[Page 74949]]

                                  Federal Trade Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4700         Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation...     3084-AA60
4701         Trade Regulation Rule on Franchising and Business Opportunity Ventures.............     3084-AA63
4702         Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution       3084-AA78
            Act of 1992.........................................................................
4703         Trade Regulation Rule on Ophthalmic Practice Rules.................................     3084-AA80
4704         Trade Regulation Rule Concerning Power Output Claims for Amplifiers Utilized in         3084-AA81
            Home Entertainment Products.........................................................
----------------------------------------------------------------------------------------------------------------


                                   Federal Trade Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4705         Amended Federal Deposit Insurance Corporation Improvement Act......................     3084-AA44
----------------------------------------------------------------------------------------------------------------


                                   Federal Trade Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4706         The Care Labeling Rule.............................................................     3084-AA54
4707         Privacy of Consumer Financial Information..........................................     3084-AA85
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Federal Trade Commission (FTC)                            Prerule Stage


  



_______________________________________________________________________




4694. 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. 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 have continued their review of the 
Form. If warranted, the Commission may propose further modifications in 
addition to the 1994 proposed modifications and offer an additional 
comment period before changing the Form. If pending legislation 
amending Section 7A of the Clayton Act is enacted, the Commission, with 
the concurrence of the Assistant Attorney General for Antitrust, would 
promulgate the rules necessary to implement the statutory changes 
within 30 days of enactment. The statutory changes may include, among 
other things, new graduated fee provisions and filing thresholds.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (HSR Form Changes)         01/00/01

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
_______________________________________________________________________




4695. REGULATORY REVIEW

Priority: Other Significant

Legal Authority: 15 USC 41 et seq

CFR Citation: 16 CFR 1 et seq

Legal Deadline: None

[[Page 74950]]

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, 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
_______________________________________________________________________




4696. 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
Comment Period Extended 
(Regulatory Review)             05/02/00
Extended Comment Period End 
(Regulatory Review)             07/21/00
Reopening and Extension of 
Comment Period                  10/13/00                    65 FR 60899
Extended Comment Period End     10/16/00
Recommendation to Commission 
(Regulatory Review)             01/00/01

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
_______________________________________________________________________




4697. 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 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 
scheduled a review of the Rule in 1999, under its ten-year schedule for 
reviewing all Commission rules and guides. The Commission published a 
notice soliciting public comment in May 1999. In response to requests 
of industry members and consumer groups, the Commission extended 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.

[[Page 74951]]

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    11/00/00
Commission Action               12/00/00

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
_______________________________________________________________________




4698. 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 was held on 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
Extension of Comment Period     05/05/00                    65 FR 26161
End Extended Comment Period     05/30/00
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
_______________________________________________________________________




4699.  PRIVACY OF CONSUMER INFORMATION -- SECURITY

Priority: Other Significant

Legal Authority: PL 106-102, sec 501(b)

CFR Citation: 16 CFR 313

Legal Deadline: None

Abstract: On November 12, 1999, the Gramm-Leach Bliley Act (``G-L-B'') 
was enacted. The Act repealed the key provision of the Glass-Steagall 
Act, that among other things, required the separation of banking, 
insurance, and securities institutions. Subtitle A (Disclosure of 
Nonpublic Person Information) of Title V (Privacy) limits the abilility 
of the newly-authorized financial institutions to disclose nonpublic 
personal information about consumers to nonaffiliated third parties, 
and requires them to disclose to consumers their privacy policies and 
practices respecting information shared with both affiliates and 
nonaffiliated thrid parties. The Commission issued the statuorily 
mandated Rule on the Privacy of Consumer Financial Information 
(``Privacy Rule''), 16 CFR Part 313, on May 12, 2000. The Privacy Rule 
is effective November 13, 2000, and full compliance is required on or 
before July 1, 2001.
In addition to the Privacy Rule, Section 501 of Subtitle A requires the 
agencies to establish appropriate standards for financial institutions 
to safeguard nonpublic personal information. In particular, section 
501(b) of the Act requires the Commmission to ``establish appropriate 
standards for the financial institutions [subject to its jurisdiction] 
relating to administrative, technical, and physical safeguards.'' 
Section 501(b) sets out the objectives of these standards: (1) to 
insure the security and confidentiality of customer records and 
information; (2) to protect against any anticipated threats or hazards 
to the security or integrity of such records; and (3) to protect 
against unauthorized access to or use of such records of information 
which could result in substantial harm or inconvenience to any 
customer.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            09/07/00                    65 FR 54186
Extension of Comment Period     10/06/00                    65 FR 59766
Comment Period End              10/10/00
Extended Comment Period End     10/24/00
NPRM                            02/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 74952]]

Agency Contact: Laura D. Berger, Attorney, Federal Trade Commission, 
Division of Financial Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-2471
Email: [email protected]

RIN: 3084-AA87
_______________________________________________________________________


Federal Trade Commission (FTC)                      Proposed Rule Stage


  



_______________________________________________________________________




4700. 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
Staff Recommendation to 
Commission                      02/00/01
Commission Action on NPRM       04/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

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-AA60
_______________________________________________________________________




4701. 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 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                    03/00/01

[[Page 74953]]

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
_______________________________________________________________________




4702. 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 Extended         01/04/99                       64 FR 61
Comment Period End              01/08/99
Public Workshop-Conference      02/25/99
Extended Comment Period End     03/10/99
Public Workshop-Conference Date 
Rescheduled                     05/20/99
Recommendation to Commission    12/00/00

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

Eric Wenger, Attorney, Federal Trade Commission, Division of Marketing 
Practices, Washington, DC
Phone: 202 326-2310
Email: [email protected]

RIN: 3084-AA78
_______________________________________________________________________




4703. 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

[[Page 74954]]

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    10/00/00
Commission Action               12/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Renee Kinscheck, Federal Trade Commission, Division of 
Enforcement, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-3283
Email: [email protected]

RIN: 3084-AA80
_______________________________________________________________________




4704. 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.
To determine whether changes in technology that occurred since the Rule 
was issued necessitated any Rule revisions, the Commission requested 
comments on the Rule. Among other things, the Commission asked about 
the economic impact of, and the continuing need for, this Rule; and any 
possible conflict between the Rule and State, local and other Federal 
laws. 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, and the staff has forwarded 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
Recommendation to Commission    08/04/00
Commission Action               10/00/00

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

[[Page 74955]]

_______________________________________________________________________


Federal Trade Commission (FTC)                        Long-Term Actions


  



_______________________________________________________________________




4705. 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


  



_______________________________________________________________________




4706. 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 
requiring that the manufacturer or importer possess a reasonable basis 
for the care instructions. On July 1, 1997, a conditional exemption 
became 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 was published in August 2000.

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              06/30/00
Final Rule                      08/02/00                    65 FR 47261

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
_______________________________________________________________________




4707. PRIVACY OF CONSUMER FINANCIAL INFORMATION

Priority: Other Significant. Major under 5 USC 801.

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 issued rules implementing the Act's consumer 
privacy protections contained in Title V, Subtitle A of the Act. 
Subtitle A limits a financial institution's ability to disclose 
nonpublic personal information about a consumer to nonaffiliated third 
parties and requires a financial institution to disclose to all of its 
customers the institution's privacy policies and practices with respect 
to information sharing with both affiliates and nonaffiliated third 
parties. The rule implements the Act's provisions for financial 
institutions subject to the FTC's jurisdiction. The Commission issued 
the final rule on May 12, 2000 and it was published in the Federal 
Register on May 24, 2000 with an effective date of November 13, 2000 
and full compliance expected by July 1, 2001.

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
Commission Decision on Final 
Rule                            05/12/00
Final Rule                      05/24/00                    65 FR 33646
Final Rule Effective            11/13/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: 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]

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]

RIN: 3084-AA85
[FR Doc. 00-22734 Filed 11-29-00]
BILLING CODE 6750-01-S