[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 LVIII





Federal Trade Commission





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Semiannual Regulatory Agenda

[[Page 31398]]



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 (RFA), 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 January 29, 2003, 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 identified a rulemaking that is related to 
the events of September 11, 2001, because the USA PATRIOT Act, 
Pub.L. 107-56, 115 Stat. 272, amended the Telemarketing and 
Consumer Fraud and Abuse Prevention Act, 16 USC 6101-6108, and thus 
affects the Telemarketing Sales Rule, 16 CFR part 310.

     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 RFA. The current rulemakings that are likely to have some 
impact on small entities include: (1) the Hobby Protection Rules, 
16 CFR part 304; (2) the Smokeless Tobacco Rules, 16 CFR part 307; 
(3) the Pay-Per-Call Rule, 16 CFR part 308; (4) the Labeling 
Requirements for Alternative Fuels and Alternative-Fueled Vehicles, 
16 CFR part 309; (5) the Telemarketing Sales Rule, 16 CFR part 310; 
(6) the Franchise and Business Opportunities Rule, 16 CFR part 436; 
(7) the Funeral Rule, 16 CFR part 453; (8) the Trade Regulation 
Rule on Ophthalmic Practice Rules, 16 CFR part 456; and (9) 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.'' 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 agency contact 
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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4068        Regulatory Review...................................................................     3084-AA47
4069        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986..     3084-AA48
4070        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation....     3084-AA60
4071        Trade Regulation Rule on Funeral Industry Practices.................................     3084-AA82
4072        Rules and Regulations Under the Hobby Protection Act................................     3084-AA90
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[[Page 31399]]


                                  Federal Trade Commission--Proposed Rule Stage
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4073        Trade Regulation Rule on Franchising and Business Opportunity Ventures..............     3084-AA63
4074        Telemarketing Sales Rule............................................................     3084-AA86
4075        Labeling Requirements for Alternative Fuels and Alternative-Fueled Vehicles.........     3084-AA89
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                                   Federal Trade Commission--Long-Term Actions
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4076        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution        3084-AA78
            Act of 1992.........................................................................
4077        Trade Regulation Rule on Ophthalmic Practice Rules..................................     3084-AA80
4078        Premerger Notification Rules and Report Form........................................     3084-AA91
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_______________________________________________________________________


Federal Trade Commission (FTC)                            Prerule Stage






_______________________________________________________________________




4068. 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 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. 67 
FR 9630 (Mar. 4, 2002). On January 17, 2003, the Commission announced 
that it will review one rule, two guides, and the statements of general 
policy or interpretations under the Fair Credit Reporting Act during 
2003. 68 FR 2465 (Jan. 17, 2003). 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                  01/17/03                     68 FR 2465
Notice of Rules and Guides to 
Review in 2004                  01/00/04

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-AA47
_______________________________________________________________________




4069. 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 advertisements 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 of the Act and to seek information 
concerning the Rules, particularly their economic impact, in order to 
decide whether they should be amended. Staff plans to forward its 
recommendations to the Commission this year.

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

[[Page 31400]]

Reopening and Extension of 
Comment Period                  10/13/00                    65 FR 60899
Extended Comment Period End     10/16/00
Recommendation to Commission 
(Regulatory Review)             08/00/03
Commission Action               11/00/03

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
_______________________________________________________________________




4070. 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 by specifically 
requiring 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 the systematic review of its 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 
decided to retain the Rule with a few nonsubstantive amendments. In 
part II, the Commission is considering whether to 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 to recognize technological advances in R-Value 
testing and specimen preparation procedures, and to clarify and 
streamline the Rule's requirements. Staff is currently reviewing the 
comments and expects to forward its recommendation to the Commission 
regarding proposed substantive amendments to the Rule and anticipates 
publication of the NPRM by spring 2003.

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
ANPRM Comment Period End        11/15/99
Recommendation to Commission    03/15/03
Commission Action               06/00/03

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
_______________________________________________________________________




4071. 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 decided to retain the Rule, 
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 rather than 
in 1999 as originally planned under its ten-year schedule for reviewing 
all Commission rules and guides. The Commission published a notice 
soliciting public comment in May 1999. 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    03/00/04
Commission Action               07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carole I. Danielson, Senior Investigator, Federal Trade 
Commission, Division of Marketing Practices, Bureau of Consumer 
Protection, Washington, DC 20580
Phone: 202 326-3115

[[Page 31401]]

Email: [email protected]

RIN: 3084-AA82
_______________________________________________________________________




4072. [bull] RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 2101 et seq

CFR Citation: 16 CFR 304

Legal Deadline: None

Abstract: The Rule, which became effective on February 6, 1975; 
prescribes the required markings on imitation political and numismatic 
items, specifying the sizes and dimensions of the type, the location of 
the marking, and how to mark incusable (those that can be impressed 
with a stamp) and nonincusable items. Specifically, imitation political 
items -- such as buttons, posters, coffee mugs and the like -- must be 
marked with the calendar year they were manufactured, and imitation 
numismatic items -- including coins, tokens and paper money -- must be 
marked with the word ``copy.'' As part of its ongoing systematic review 
of all Federal Trade Commission rules and guides, the Commission has 
requested public comments on, among other things, the economic impact 
and benefits of the Rule; possible conflict between the Rule and State, 
local, or other Federal laws or regulations; and the effect on the Rule 
of any technological, economic, or other industry changes. 68 FR 9856 
(Mar. 3, 2003). For example, the Federal Register notice asks for 
comments on whether changes in the relevant technology, such as e-mail 
and the Internet, affects the Rule since it was issued. No Commission 
determination on the need for or the substance of the Rule should be 
inferred from the intent to publish requests for comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to Request 
Comments                        01/17/03                     68 FR 2465
Request for Comments            03/03/03                     68 FR 9856
Comment Period End              05/02/03
Recommendation to Commission    02/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

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-AA90
_______________________________________________________________________


Federal Trade Commission (FTC)                      Proposed Rule Stage






_______________________________________________________________________




4073. 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 most recent 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 new technologies 
and market practices and at the same time, reduce unnecessary 
regulatory burdens. The Commission specifically 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. 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
ANPRM 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                    07/00/03

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
_______________________________________________________________________




4074. TELEMARKETING SALES RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 6101 to 6108

[[Page 31402]]

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 reviewed the TSR to 
evaluate the Rule's operation and report to Congress. The Commission 
issued a request for public comment on the Rule, its overall costs, 
benefits and its regulatory and economic impact since its adoption in 
1995. As part of the review, the Commission 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.
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 Sec. 1011 of the USA PATRIOT Act, also 
referred to as the Crimes Against Charitable Americans Act of 2001, 15 
USC 6101 note, the Commission's proposal would add certain disclosures 
and other requirements applicable to for-profit telemarketers who 
solicit charitable donations. Staff held a three-day public workshop 
from June 5-7, 2002, to discuss these and other proposed changes to the 
Rule. On May 24, 2002, the Commission also issued a related NPRM 
proposing that user fees be imposed on telemarketers and their seller 
or telemarketer clients for access to the national ``do not call'' 
registry in order to establish and maintain the registry. See 67 FR 
37362 (May 29, 2002). The Commission announced the final amended Rule 
on December 18, 2002. On October 1, 2003, affected parties must be in 
full compliance with (1) Sec. 310.4(b)(1)(iv)(the prohibition of 
abandoned calls); (2) Sec. 310.4(b)(4)(the safe harbor for call 
abandonment) as well as any record keeping requirements associated with 
the safe harbor; and (3) Sec. 310.4(b)(1)(iii)(B) (the national ``do-
not-call'' registry provisions of the amended Rule). 68 FR 16414 (Apr. 
4, 2003). Full compliance is required for Sec. 310.4(a)(7) (the caller 
identification provisions) on January 29, 2004; and March 31, 2003, was 
the date required for full compliance with all other provisions of the 
amended TSR.
As noted above, among other things, the final amended Rule establishes 
a national ``do-not-call'' registry, requires telemarketers to transmit 
Caller ID information, prohibits abandoned calls, prohibits 
unauthorized billing, requires express authorization when certain 
payment mechanisms are used, requires express informed consent in 
certain types of transactions, requires disclosures when the offer 
involves a negative option feature, and requires disclosures and 
prohibits misrepresentations in solicitations for charitable 
contributions. The amended Rule provides an exemption from the do-not-
call registry for businesses with which consumers have an established 
business relationship. The Rule also exempts from the do-not call 
registry for-profit telemarketers making charitable solicitations. 
Staff anticipates Commission action on the revised NPRM on user fees 
this spring.
Beginning in July 2003, consumers will be able to put their telephone 
numbers on the national registry, which telemarketers subsequently will 
be required to access. When registration opens in July, consumers can 
register for free in two ways: online or by telephone. The FTC will 
announce the Web site Uniform Resource Locator for online registration 
and the toll-free number in June. To better manage the anticipated 
volume of registrations, initial sign-up by phone for the registry will 
be phased in, region-by-region, over an eight-week period. Online 
registration will be available throughout the United States in July. As 
of October 2003, it will be illegal for most telemarketers to call a 
number listed on the registry.
On February 20, 2003, the Congress authorized the agency to collect 
fees sufficient to implement and enforce the ``do-not-call'' provisions 
of the TSR (P.L. 108-7). On April 3, 2003, the Commission issued a 
Revised Notice of Proposed Rulemaking (Revised Fee NPRM) to amend the 
TSR by adding a new section that would impose fees on entities 
accessing the national ``do-not-call'' registry. 68 FR 16238 (Apr. 3, 
2003). The proposed amendments would among other things: require only 
sellers to pay the annual fee for access to the national registry; 
propose an annual fee of $29 per area code, with a maximum annual fee 
of $7,250; allow access to up to five area codes for free; and, set 
October 1, 2003, as the effective date for the ``do-not-call'' 
provisions of the amended TSR.
Additional revisions to the amended TSR would allow more entities to 
access the ``do-not-call'' registry for the purpose of scrubbing their 
lists, even if they are entities that are exempt from the FTC's 
jurisdiction. However, the FTC emphasizes strongly that the information 
in the national registry may be used for no purpose other than to stop 
unwanted telemarketing calls.
To come into compliance with the amended TSR's ``do-not-call'' 
provisions by the effective date of October 1, 2003, all covered 
sellers would be required to access the registry for the first time 
between September 1 and September 30, 2003. The FTC seeks comments on a 
broad range of issues, including its estimate of the number of entities 
that will access the registry and the number of area codes the average 
entity will purchase. Written comments will be accepted until May 1, 
2003. After assessing the comments, FTC staff plans to forward the 
proposed final rule to the Commission by the end of May, and expects 
final Commission action by early June.

[[Page 31403]]

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
NPRM Comment Period End         03/29/02
Extension of Comment Period     04/03/02                    67 FR 15767
Extended Comment Period End     04/15/02
Related NPRM                    05/29/02                    67 FR 37362
Public Forum                    06/05/02
Public Forum                    06/06/02
Public Forum                    06/07/02
Related NPRM Comment Period End 06/28/02
Recommendation to Commission    11/08/02
Final Commission Action 
Announced                       12/18/02
Final Amended Rule Published    01/29/03                     68 FR 4580
Revised Fee NPRM                04/03/03                    68 FR 16238
Stay of Compliance              04/04/03                    68 FR 16414
NPRM Comment Period End         05/01/03
Recommendation to Commission on 
Proposed Final Rule             05/00/03
Commission Action               06/00/03

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
_______________________________________________________________________




4075. LABELING REQUIREMENTS FOR ALTERNATIVE FUELS AND ALTERNATIVE-FUELED 
VEHICLES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 13232(a)

CFR Citation: 16 CFR 309

Legal Deadline: None

Abstract: The Rule, which became effective on November 20, 1995, 
requires disclosure of appropriate cost and benefit information to 
enable consumers to make reasonable purchasing choices and comparisons 
between nonliquid alternative fuels as well as alternative-fueled 
vehicles. As part of its ongoing systemic review of all Federal Trade 
Commission rules and guides, the Commission plans to request comments 
on, among other things, the economic impact and benefits of this Rule; 
possible conflict between the Rule and State, local, or other Federal 
laws or regulations; and the effect on the Rule of any technological, 
economic, or other industry changes. The Commission also plans to 
request comments on specific options for modifying the Rule's 
alternative-fueled vehicle label in light of new Environmental 
Protection Agency tailpipe emissions standards. No Commission 
determination on the need for or the substance of the Rule should be 
inferred from the intent to publish requests for comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            05/00/03
Comment Period End              07/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

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]

Related RIN: Previously reported as 3084-AA57
RIN: 3084-AA89
_______________________________________________________________________


Federal Trade Commission (FTC)                        Long-Term Actions






_______________________________________________________________________




4076. TRADE REGULATION RULE PURSUANT TO THE TELEPHONE DISCLOSURE AND 
DISPUTE RESOLUTION ACT OF 1992

Priority: Substantive, Nonsignificant

CFR Citation: 16 CFR 308

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                 05/20/99
Public Workshop                 05/21/99
Recommendation to Commission    04/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Elizabeth Hone
Phone: 202 326-3207
Email: [email protected]

RIN: 3084-AA78

[[Page 31404]]

_______________________________________________________________________




4077. 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    04/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

Matthew Daynard
Phone: 202 326-3291
Email: [email protected]

RIN: 3084-AA80
_______________________________________________________________________




4078. [bull] 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 U.S. Department of Justice (DOJ) and to wait a designated period of 
time before consummating the transaction. It also requires the FTC, 
with the concurrence of the U.S. 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 to reduce the paperwork burden 
on the business community. The Commission proposed modifications to the 
HSR Form on June 14, 1994. 59 FR 30545.
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 
became effective on July 1, 2001.
On February 1, 2001, the Commission published Interim and Proposed 
Rules amending the Hart-Scott-Rodino Rules (HSR Rules) contained in 16 
CFR parts 801, 802 and 803. The Interim Rules took effect upon 
publication and implemented statutory amendments to section 7A of the 
Clayton Act that had been enacted on December 21, 2000. The Proposed 
Rules set forth other changes improving and updating the HSR Rules.
Both the Interim and Proposed Rules invited public comment. The 
Commission received seventeen public comments addressing the Interim 
Rules (66 FR 8679) and the Proposed Rules (66 FR 8723). The Proposed 
Rules were revised and changes to Parts 801 and 802 were made final 
effective April 17, 2002 (67 FR 11898). Interim Rule 802.21 was revised 
and made final in a separate rulemaking and made effective on February 
2, 2002 (67 FR 11904). On January 17, 2003, the Commission responded to 
issues raised by the comments received on the Interim Rules and issued 
final amendments to Parts 801 and 803 (68 FR 2425). The Commission also 
received a number of comments that were not relevant to the changes 
promulgated by either set of rules. These additional comments remain 
under consideration and may be addressed by future rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (Rule Change)              02/01/01                     66 FR 8723
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 form SIC to NAICS) 05/09/01                    66 FR 23561
Effective Date (Change from SIC 
to NAICS)                       07/01/01
Final Rules Parts 801 and 802   03/18/02                    67 FR 11898
Final Rule Part 802.21          03/18/02                    67 FR 11904
Final Rules Parts 801 and 803   01/17/03                     68 FR 2425


Next Action Undetermined

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]

Related RIN: Previously reported as 3084-AA23
RIN: 3084-AA91
[FR Doc. 03-7446 Filed 05-23-03; 8:45 am]
BILLING CODE 6750-01-S