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


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Part LVI





Federal Trade Commission





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Semiannual Regulatory Agenda

[[Page 34188]]



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 February 
12, 2002, by the Office of Management and Budget in accordance with the 
provisions of Executive Order No. 12866, ``Regulatory Planning and 
Review'' of September 30, 1993. 58 FR 51735 (Oct. 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 (RFA). The current rulemakings that 
are likely to have some impact on small entities include: (1) 
Smokeless Tobacco Rules, 16 CFR part 307; (2) the Pay-Per-Call, 16 
CFR part 308; (3) the Children's Online Privacy Protection Rule, 16 
CFR part 312; (4) the rulemaking pursuant to title V section 501(b) 
of the Gramm-Leach-Bliley Act: Privacy of Consumer Information -- 
Security, to establish security standards to safeguard customer 
information to be codified in 16 CFR part 314; (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.

     In addition, the agency has responded to the optional 
information requirement that corresponds to the requirements of 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use'' of May 
18, 2001. 66 FR 28355 (May 22, 2001). The Commission believes that 
none of the rules in this Agenda meets this Executive Order's 
criteria requiring preparation of a Statement of Energy Effects.

     The agency also is conducting reviews of the Pay-Per-Call Rule 
as provided 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 
in 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 RFA and 
regulatory reform initiatives directing agencies to conduct a 
review of all regulations and eliminate or revise those that are 
outdated or otherwise in need of reform.

     Except for notice of completed actions, the information in 
this agenda represents the judgment of Commission staff, based upon 
information now available. Each projected date of action reflects 
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, telephone: (202) 326-2456; e-mail: [email protected]; or G. 
Richard Gold, Attorney, telephone: (202) 326-3355; e-mail: 
[email protected], Federal Trade Commission, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

By direction of the Commission.

 Donald S. Clark,

Secretary.

                                     Federal Trade Commission--Prerule Stage
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
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3914        Regulatory Review...................................................................     3084-AA47
3915        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986..     3084-AA48
3916        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation....     3084-AA60
3917        Trade Regulation Rule on Funeral Industry Practices.................................     3084-AA82
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[[Page 34189]]


                                  Federal Trade Commission--Proposed Rule Stage
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3918        Trade Regulation Rule on Franchising and Business Opportunity Ventures..............     3084-AA63
3919        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution        3084-AA78
            Act of 1992.........................................................................
3920        Telemarketing Sales Rule............................................................     3084-AA86
3921        Privacy of Consumer Information--Security...........................................     3084-AA87
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                                   Federal Trade Commission--Long-Term Actions
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
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3922        Trade Regulation Rule on Ophthalmic Practice Rules..................................     3084-AA80
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                                   Federal Trade Commission--Completed Actions
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
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3923        Premerger Notification Rules and Report Form........................................     3084-AA23
3924        Amended Federal Deposit Insurance Corporation Improvement Act.......................     3084-AA44
3925        Trade Regulation Rule Concerning Power Output Claims for Amplifiers Utilized in Home     3084-AA81
            Entertainment Products..............................................................
3926        Children's Online Privacy Protection Rule...........................................     3084-AA88
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Federal Trade Commission (FTC)                            Prerule Stage


  



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3914. 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 continuing its review of current rules and 
guides to identify any that should be modified or rescinded. The 
Commission is currently devoting significant resources to both 
rulemakings required by statute and completing rule and guide reviews 
previously announced. The Commission will continue to consider ways to 
streamline and improve the review program. On March 4, 2002, the 
Commission published a tentative timetable for its regulatory review 
program under which all of the Commission's rules and guides are 
reviewed over a ten year period, and announced that it will review one 
rule and one guide during 2002. 67 FR 9630 (Mar. 4, 2002). No 
determination about whether to modify or rescind a rule, 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. Finally, the Commission may modify 
the rule review timetable as circumstances warrant.

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 2002                  03/04/02                     67 FR 9630
Notice of Rules and Guides to 
Review in 2003                  01/00/03

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
_______________________________________________________________________




3915. 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 
Rules governing the format and display of the warnings. On November 4, 
1986, the Commission issued its Rules setting out the provisions for 
the size, color, typeface, and rotation of the statutory warnings. In 
FY 2000, the Commission undertook a periodic review of the Rules. The 
purpose of the review was to determine whether the Rules continue to 
effectively meet the goals

[[Page 34190]]

of the Act and to seek information concerning the Rules or economic 
impact of the Rules in order to decide whether it should be amended. 
Staff plans to forward its recommendations to the Commission shortly.

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)             05/08/00                    65 FR 26534
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)             07/00/02
Commission Action               10/00/02

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
_______________________________________________________________________




3916. 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 (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 
nonsubstantive 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 is considering the comments recommending 
that the Commission adopt substantive revisions to the Rule. In 
response to the comments received, the Commission issued an advance 
notice of proposed rulemaking (ANPRM) seeking comment on whether it 
should initiate a rulemaking proceeding to amend the Rule. In the 
ANPRM, the Commission proposed amendments to recognize technological 
advances in R-Value testing and specimen preparation procedures, and to 
clarify and streamline the Rule's requirements. The comment period on 
the ANPRM ended on November 15, 1999. Based on the ANPRM record, the 
Commission will determine whether to initiate a rulemaking proceeding.

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 48023
Comment Period End              11/15/99
Recommendation to Commission    07/00/02
Commission Action               10/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Hampton Newsome, Attorney, Federal Trade Commission, 
Division of Enforcement, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-2889
Email: [email protected]

RIN: 3084-AA60
_______________________________________________________________________




3917. 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 (Funeral Rule or 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.

[[Page 34191]]

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    11/00/02
Commission Action               03/00/03

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
_______________________________________________________________________


Federal Trade Commission (FTC)                      Proposed Rule Stage


  



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3918. 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 the revised Rule. Comments were accepted until December 21, 
1999, and rebuttal comments were accepted until January 31, 2000. 
Commission staff is now preparing a staff report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/28/97                     62 FR 9115
Comment Period End              12/31/97                    62 FR 28822
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                    09/00/02

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
_______________________________________________________________________




3919. 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 Pay-Per-Call or 
900-Number Rule (Rule) became effective on November 1, 1993. TDDRA 
granted the Commission limited jurisdiction over common carriers for 
purposes of the Rule. The Rule requires that advertisements for 900-
numbers contain certain disclosures; requires 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

[[Page 34192]]

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 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 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 this year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/12/97                    62 FR 11749
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 58523
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    06/00/02

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]

Elizabeth Hone, Attorney, Federal Trade Commission, Division of 
Marketing Practices, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-3207
Email: [email protected]

RIN: 3084-AA78
_______________________________________________________________________




3920. 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, Begin Rule Review 
and Report to Congress.

Abstract: In 1995, the Commission issued the Telemarketing Sales Rule 
(TSR or Rule), 16 CFR part 310, under the Telemarketing and Consumer 
Fraud and Abuse Prevention Act, 15 USC 6101-6108. 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 1995 Act, the Commission is reviewing 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 TSR 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.
On October 25, 2001, President Bush signed the USA Patriot Act, P.L. 
107-56, into law, with provisions that have significant impact on TSR. 
Section 1101 of the 2001 Act amends the Telemarketing Act to extend the 
coverage of TSR to charitable fund raising conducted by for-profit 
telemarketers for or on behalf of charitable organizations.
On January 22, 2002, the Commission announced its proposal to amend the 
Rule and to publish a notice of proposed rulemaking (NPRM). Among other 
things, the proposed Rule would establish a centralized national ``do 
not call'' registry, would prohibit telemarketers from receiving or 
sharing a consumer's billing information with anyone else, and would 
prohibit telemarketers from blocking ``Caller ID'' information. In 
addition, as mandated by the USA Patriot Act, the Commission's proposal 
adds certain disclosures and other requirements applicable to for-
profit telemarketers who solicit charitable donations.
Staff intends to hold a three-day public workshop on June 5-7, 2002, to 
discuss these and other proposed changes to the Rule. Staff plans to 
complete its

[[Page 34193]]

review and forward its recommendation to the Commission by fall 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Announcement of Public Forum re: 
``Do-Not-Call'' Provision       11/24/99                    64 FR 66124
Public Forum re ``Do-Not-Call'' 
Provision                       01/11/00
Request for Comments            02/28/00                    65 FR 10428
Comment Period End              04/27/00
Extension of Comment Period     05/05/00                    65 FR 26161
Extended Comment Period End     05/30/00
Public Forum                    07/27/00
Public Forum                    07/28/00
USA Patriot Act Enacted         10/25/01
NPRM                            01/30/02                     67 FR 4492
Comment Period End              03/29/02
Extension of Comment Period     04/03/02                    67 FR 15767
Extended Comment Period End     04/15/02
Public Forum                    06/05/02
Public Forum                    06/06/02
Public Forum                    06/07/02
Recommendation to Commission    08/00/02
Commission Action               09/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

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]

Karen Leonard, Attorney, Division of Marketing Practices, Bureau of 
Consumer Protection, Federal Trade Commission, Washington, DC 20580
Phone: 202 326-3597
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
_______________________________________________________________________




3921. PRIVACY OF CONSUMER INFORMATION--SECURITY

Priority: Other Significant

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

CFR Citation: 16 CFR 314

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 ability 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 third parties. The Commission issued the statutorily 
mandated Rule on the Privacy of Consumer Financial Information (Privacy 
Rule), 16 CFR part 313, on May 12, 2000. The Privacy Rule took effect 
on November 13, 2000, and full compliance was 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 Commission 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. On September 7, 2000, the Commission issued an advance notice 
of proposed rulemaking (ANPRM) and a request for comments reopening its 
Safeguards Rule (to be codified at part 314). On August 7, 2001, the 
Commission published an NPRM. This comment period ended on October 9, 
2001. Staff plans to forward its recommendation to the Commission 
during spring 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM and 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
Commission Action               07/30/01
NPRM                            08/07/01                    66 FR 41162
NPRM Comment Period End         10/09/01
Recommendation to Commission    05/00/02
Commission Action               05/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Laura D. Berger, Attorney, Federal Trade Commission, 
Division of Financial Practices, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-3224
Email: [email protected]

RIN: 3084-AA87
_______________________________________________________________________


Federal Trade Commission (FTC)                        Long-Term Actions


  



_______________________________________________________________________




3922. TRADE REGULATION RULE ON OPHTHALMIC PRACTICE RULES

Priority: Substantive, Nonsignificant

CFR Citation: 16 CFR 456

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              09/02/97
Recommendation to Commission    04/00/03

[[Page 34194]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kial Young
Phone: 202 326-3525
Email: [email protected]

RIN: 3084-AA80
_______________________________________________________________________


Federal Trade Commission (FTC)                        Completed Actions


  



_______________________________________________________________________




3923. 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 (Rules) and the Antitrust 
Improvements Act Notification and Report Form (HSR 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 HSR Form on 
June 14, 1994. 59 FR 30545.
The Commission has issued Interim Rules based on comments received in 
response to this Notice, as well as on some changes in HSR reporting 
requirements necessitated by the recent amendments to Section 7(A) of 
the Clayton Act. The President signed the statutory amendments into law 
on December 21, 2000. Both the statutory amendments and the interim 
rules became effective on February 1, 2001. The Commission also 
published a notice of proposed rulemaking (NPRM) updating examples in 
several rules and revising others. The comment period for the interim 
rules and the NPRM ended on March 19, 2001. These rules became 
effective on April 17, 2002. 67 FR 11898 (Mar. 18, 2002). The 
Commission recently also issued final rule 802.21. This rule became 
effective on March 18, 2002, and will be applied retroactively to 
February 2, 2002. 67 FR 11904 (Mar. 18, 2002). In addition, changes 
requiring the use of the North American Industrial Classification 
System (NAICS) to replace the Standard Industrial Classification (SIC) 
codes in completing items 5-8 on the HSR Form were made effective July 
1, 2001. In the future, staff expects to propose additional rule 
changes as appropriate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (Rule Changes)             02/01/01                     66 FR 8722
Interim Rule I (Statutory 
Changes)                        02/01/01                     66 FR 8679
Interim Rule II (Rules of 
Practice)                       02/01/01                     66 FR 8720
Comment Period End (Interim and 
Proposed Rules)                 03/19/01
NPRM (Change from SIC to NAICS) 05/09/01                    66 FR 23561
Effective Date (Change from SIC 
to NAICS)                       07/01/01
Final Rule Parts 801 and 802    03/18/02                    67 FR 11898
Final Rule 802.21               03/18/02                    67 FR 11904
Correction to Final Rule 802.51 03/26/02                    67 FR 13716

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: 202 326-2846
Email: [email protected]

RIN: 3084-AA23
_______________________________________________________________________




3924. AMENDED FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT

Priority: Substantive, Nonsignificant

Legal Authority: 12 USC 1811 et seq

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Federal Deposit Insurance Corporation Improvement Act of 
1991 (FDICIA) assigns to the FTC responsibilities for certain non-
federally insured depository institutions (DIs) and private deposit 
insurers of such DIs. The FTC is required to prescribe, by regulation 
or order, the manner and content of certain disclosures required of DIs 
that lack Federal deposit insurance. The Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1993, containing the Commission's appropriation for fiscal year 
1993, provided that none of the funds were available for expenses 
authorized by section 151 of the FDICIA. Legislation containing the 
Commission's appropriation for fiscal years 1994 to 2002 contains the 
same provision. Thus, the Commission implementation of FDICIA is on 
hold. Pursuant to the February 12, 2002 OMB Memorandum, the Commission 
has determined to withdraw this rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       03/15/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: Carole Reynolds, Attorney, Federal Trade Commission, 
Division of Financial Services, Bureau of Consumer Protection, 
Washington, DC 20580
Phone: 202 326-3230
Email: [email protected]

RIN: 3084-AA44
_______________________________________________________________________




3925. 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

[[Page 34195]]

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 
ANPRM seeking comment on whether it should amend the Rule. Based on the 
ANPRM record, the Commission issued an NPRM to seek public comment on 
whether the Commission should amend the Rule to reduce the 
preconditioning power output requirement from one-third of rated power 
to a lower figure; 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. Based on 
the NPRM record, the Commission amended the Rule as proposed in the 
NPRM. At the same time, the Commission issued a supplemental notice of 
proposed rulemaking (SNPRM) to seek public comment on proposed testing 
procedures for ``home theater'' receivers with five or more channels. 
The comment period for the SNPRM ended on March 30, 2001. On January 
15, 2002, the Commission announced its decision to keep the rulemaking 
record open but to defer action on the proposed supplemental rule to 
allow an industry working group time to establish a voluntary consensus 
standard of measuring the power output of multichannel receivers and 
amplifiers. The Commission has determined to withdraw this item from 
the Unified Agenda because the Commission does not anticipate any 
further action in this supplemental rulemaking proceeding in the near 
future.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/07/97                    62 FR 16500
Comment Period End              06/06/97
ANPRM                           07/09/98                    63 FR 37238
Final Rule (Nonsubstantive 
Technical Changes)              07/09/98                    63 FR 37234
Comment Period End              09/08/98
NPRM                            07/19/99                    64 FR 38610
Comment Period End              10/15/99                    64 FR 51087
SNPRM                           12/22/00                    65 FR 80798
Commission Action (Final Rule)  12/22/00                    65 FR 81232
Comment Period End              02/23/01
Reopen Comment Period           03/01/01                    66 FR 12915
Comment Period End              03/30/01
Recommendation to Commission    11/06/01
Notice Deferring Rulemaking     01/15/02                     67 FR 1915
Withdrawn                       03/15/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: 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
_______________________________________________________________________




3926. CHILDREN'S ONLINE PRIVACY PROTECTION RULE

Priority: Other Significant

Legal Authority: 15 USC 6501 et seq

CFR Citation: 16 CFR 312

Legal Deadline: None

Abstract: As part of the effort to protect children's online privacy, 
Congress enacted the Children's Online Privacy Act of 1998, 15 USC 6501 
et seq. (COPPA), to prohibit unfair or deceptive acts or practices in 
connection with the collection, use, or disclosure of personally 
identifiable information from children on the Internet. On October 20, 
1999, the Commission issued its final Rule implementing COPPA, which 
became effective on April 21, 2000. See 16 CFR part 312. The Rule 
imposes certain requirements on operators of websites or online 
services directed to children under thirteen years of age, or other 
websites or online services that have actual knowledge that they have 
collected information from a child under thirteen years of age. Among 
other things, the Rule requires that website operators obtain 
verifiable parental consent prior to collecting, using, or disclosing 
personal information from children under thirteen years of age.
The Rule provides that, ``[a]ny 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.'' 16 CFR 312.5(b)(1). In order to allow time for reliable 
electronic methods of verification to become widely available and 
affordable, the Rule sets forth a sliding scale approach for obtaining 
verifiable parental consent, which depends upon the uses for which the 
personal information is collected. The sliding scale was set to expire 
on April 21, 2002, at which time website operators must obtain 
verifiable parental consent using the more reliable methods set out by 
the Rule for all uses of personal information. 16 CFR 312.5(b)(2).

[[Page 34196]]

At the time it issued the final rule during 1999, the Commission 
anticipated that the sliding scale was necessary only in the short term 
because the more reliable methods of obtaining verifiable parental 
consent would soon be widely available and affordable. Thereafter, 
however, it appeared that the expected progress in available technology 
had not occurred. Therefore, during October 2001, the Commission 
proposed to amend the Rule to extend the sliding scale mechanism for an 
additional two years to April 21, 2004 and requested comment on the 
proposed extension and several questions concerning the current and 
anticipated availability and affordability of secure electronic 
mechanisms or infomediary services for obtaining parental consent. (See 
66 FR 54963.) Twenty-one comments were received in response to the 
NPRM. On April 17, 2002, the Commission issued a final rule amending 
COPPA. The amendment extends until April 21, 2005, a sliding scale 
approach, including the use of an e-mail message from the parent, 
coupled with additional steps, to obatain verifiable parental consent 
to collect personal information from children for internal use by the 
website operator.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/01                    66 FR 54963
NPRM Comment Period End         11/30/01
Final Rule                      04/17/02                    67 FR 18818

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Rona Kelner, Division of Advertising Practices, Bureau 
of Consumer Protection, Federal Trade Commission, Washington, DC 20580
Phone: 202 326-2752
Email: [email protected]

Mamie Kresses, Federal Trade Commission, Division of Advertising 
Practices, Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, 
Washington, DC 20580
Phone: 202 326-2070
Email: [email protected]

Elizabeth Delaney, Federal Trade Commission, Division of Advertising 
Practices, Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, 
Washington, DC 20580
Phone: 202 326-2903
Email: [email protected]

RIN: 3084-AA88
[FR Doc. 02-7700 Filed 05-10-02; 8:45 am]
BILLING CODE 6750-01-S
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