[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 38598]]



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 
received April 6, 2004, from the Office of Management and Budget (OMB) 
in accordance with the provisions of Executive Order No. 12866, 
``Regulatory Planning and Review'' of September 30, 1993, as amended. 
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 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) Privacy of Consumer Financial Information, 16 CFR part 313; (7) 
the Contact Lens Rule, 16 CFR part 315; (8) the CAN-SPAM Rule, 16 
CFR part 316; (9) the Franchise and Business Opportunities Rule, 16 
CFR part 436; (10) the Funeral Rule, 16 CFR part 453; (11) the 
Trade Regulation Rule on Ophthalmic Practice Rules, 16 CFR part 
456; (12) the Rule on Labeling and Advertising of Home Insulation, 
16 CFR part 460 and; (13) Rules promulgated pursuant to Fair and 
Accurate Credit Transactions Act, 16 CFR parts 602, 603, 613, 614, 
and 682.

     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.

     Further, 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). 
None of the rules in this agenda meets this E.O.'s criteria 
requiring preparation of a Statement of Energy Effects.

     Finally, the Commission's submission also references the Web 
site www.regulations.gov in the rule abstracts where appropriate. 
This is the Governmentwide Web site where members of the public can 
find, review, and submit comments on Federal rulemakings that are 
open for comment and published in the Federal Register, the 
Government's legal newspaper.

     Some of the rulemakings listed on the following agenda are 
being conducted as part of the Commission's plan to review and seek 
information about all of its regulations and guides, including 
their costs and benefits, and regulatory and economic impact every 
ten years. These reviews incorporate and expand upon the review 
required by the 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                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4131        Regulatory Review.....................................................................    3084-AA47
4132        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48
4133        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act     3084-AA78
            of 1992...............................................................................
4134        Trade Regulation Rule on Funeral Industry Practices...................................    3084-AA82
4135        Labeling Requirements for Alternative Fuels and Alternative-Fueled Vehicles...........    3084-AA89
4136        Privacy of Consumer Financial Information.............................................    3084-AA97
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[[Page 38599]]


                                  Federal Trade Commission--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4137        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation......    3084-AA60
4138        Trade Regulation Rule on Franchising and Business Opportunity Ventures................    3084-AA63
4139        Premerger Notification Rules and Report Form..........................................    3084-AA91
4140        Fair and Accurate Credit Transactions Act of 2003.....................................    3084-AA94
4141        Contact Lens Rule.....................................................................    3084-AA95
4142        Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)         3084-AA96
            Rules.................................................................................
4143        FDICIA................................................................................    3084-AA99
----------------------------------------------------------------------------------------------------------------


                                   Federal Trade Commission--Final Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4144        Telemarketing Sales Rule..............................................................    3084-AA98
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                                   Federal Trade Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4145        Trade Regulation Rule on Ophthalmic Practice Rules....................................    3084-AA80
4146        Rules and Regulations Under the Hobby Protection Act..................................    3084-AA90
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Federal Trade Commission (FTC)                            Prerule Stage






_______________________________________________________________________




4131. 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 continues 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. 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, suchas proposed amendments. Finally, the 
Commission may modify the rule review timetable as circumstances 
warrant. On January 27, 2004, the Commission published a revised 
timetable for its regulatory review program pushing back all reviews by 
one year because of ongoing review proceedings as well as the addition 
of at least 27 rulemakings required by new legislation.

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                  01/27/04                     69 FR 3867
Notice of Rules and Guides To 
Review in 2005                  01/00/05

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
_______________________________________________________________________




4132. 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

[[Page 38600]]

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
Reopening and Extension of 
Comment Period                  10/13/00                    65 FR 60899
Extended Comment Period End     10/16/00
Recommendation to Commission 
(Regulatory Review)             10/00/04

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
_______________________________________________________________________




4133. 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 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 public 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 a 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 by early 
2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/12/97                    62 FR 11750
Comment Period End              05/12/97
Public Workshop                 06/19/97
Public Workshop                 06/20/97
Recommendation to Commission    09/08/98
NPRM                            10/30/98                    63 FR 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    04/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Elizabeth Hone, Attorney, Federal Trade Commission, 
Division of Marketing Practices, Bureau of Consumer Protection, 
Washington, DC 20580

[[Page 38601]]

Phone: 202 326-3207
Email: [email protected]

RIN: 3084-AA78
_______________________________________________________________________




4134. 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 requiresfuneral 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

________________________________________________________________________

Initial Notice Requesting Public 
Comment                         05/05/99                    64 FR 24250
Extension of Comment Period     07/07/99                    64 FR 35965
Close of Comment Period 
(Extended)                      08/11/99                    64 FR 35965
Public Workshop                 11/18/99                    64 FR 56717
Recommendation to Commission    03/00/05
Commission Action               07/00/05

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
Email: [email protected]

RIN: 3084-AA82
_______________________________________________________________________




4135. 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 systematic review of all Federal Trade 
Commission rules and guides, the Commission requested 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 requested 
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. The staff expects to forward its 
recommendation on a final rule to the Commission shortly and expects 
Commission action in mid 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            05/08/03                    68 FR 24669
Comment Period End              06/23/03
Recommendation to Commission    07/00/04
Commission Action               09/00/04

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]

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




4136.  PRIVACY OF CONSUMER FINANCIAL INFORMATION

Priority: Substantive, Nonsignificant

Legal Authority: 16 USC 6801 et seq

CFR Citation: 16 CFR 313

Legal Deadline: None

Abstract: This rulemaking is related to RIN 3084-AA85. In 2000, the 
Commission and banking agencies published rules for the Gramm-Leach-
Bliley Act's requirement that financial institutions provide a notice 
of its privacy policies and practices to its consumer customers. The 
rules, known collectively as the ``privacy rule,'' do not specify any 
specific format or standardized wording for these notices. After the 
financial institutions distributed the first privacy notices, in 
response to concerns expressed by representatives of financial 
institutions, consumers, privacy advocates, and Members of Congress, 
the agencies conducted a workshop in December 2001 to consider how 
financial institutions could provide more useful privacy notices to 
consumers. Following on the workshop, the agencies published an Advance 
Notice of Proposed Rulemaking (ANPRM) and requested comments on a 
variety of subjects including the goals, elements, language, and 
mandatory or permissible aspects of privacy notices. 68 FR75164 (Dec. 
30, 2003). The notice also requests comments on the costs and

[[Page 38602]]

benefits of a short notice. The comment period ended on March 29, 2004. 
Staff is reviewing the comments and continues to work with other 
agencies to determine the next steps.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/30/03                    68 FR 75164
Comment Period End              03/29/04
Staff Recommendation to 
Commission                      12/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.regulations.gov/agcy--federaltradecommission.cfm

URL For Public Comments:
www.regulations.gov/agcy--federaltradecommission.cfm

Agency Contact: Toby M Levin, Senior Attorney, Federal Trade 
Commission, Division of Financial Practices, Bureau of Consumer 
Protection, 600 Pennsylvania Ave N.W., Washington , DC 20580
Phone: 202 326-3713
Email: [email protected]

Lorretta Garrison, Senior Attorney, Federal Trade Commission, Division 
of Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania 
Ave. N.W., Washington, DC 20580
Phone: 202 326-3043
Email: [email protected]

Related RIN: Related to 3084-AA85, Related to 3064-AC77, Related to 
1550-AB86, Related to 3038-AJ06
RIN: 3084-AA97
_______________________________________________________________________


Federal Trade Commission (FTC)                      Proposed Rule Stage






_______________________________________________________________________




4137. 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. 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. The Commission reviewed the comments received on the 
ANPRM and issued a notice of proposed rulemaking (NPRM), which proposed 
a number of amendments to the Rule. The staff expects to forward its 
recommendation to the Commission by August 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/06/95                    60 FR 17492
Commission Action/Part I        03/28/96                    61 FR 13659
Commission Action/ANPRM         09/01/99                    64 FR 48024
ANPRM Comment Period End        11/15/99
Request for Comments (NPRM)     07/15/03                    68 FR 41872
NPRM Comment Period End         09/22/03
Recommendation to Commission    08/00/04

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
_______________________________________________________________________




4138. 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

[[Page 38603]]

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 theInternet. 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                    08/00/04

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
_______________________________________________________________________




4139. 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.
On April 8, 2004, the Commission issued a Notice of Proposed Rulemaking 
(NPRM) to reconcile, as far as practical, the current disparate 
treatment of corporations, partnerships, limited liability companies 
and other types of non-corporate entities under the Rules. 69 FR 18686. 
By the end of 2004, the Commission anticipates amending the HSR rules 
to allow parties to file the premerger notification and report form 
electronically via the Internet.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (Rule Change)              02/01/01                     66 FR 8723
Interim Rule I (Statutory 
Changes)                        02/01/01                     66 FR 8680
Interim Rule II (Rules of 
Practice)                       02/01/01                     66 FR 8720
Comment Period End (Interim and 
Proposed Rules)                 03/19/01
Interim Final Rule With Request 
for Comments (Change From SIC to 
NAICS)                          05/09/01                    66 FR 23561
Effective Date (Change from SIC 
to NAICS)                       07/01/01
Final Rule Part 802.21          03/18/02                    67 FR 11904
Final Rules Parts 801 and 802   03/18/02                    67 FR 11898
Final Rules Parts 801 and 803   01/17/03                     68 FR 2425
NPRM                            04/08/04                    69 FR 18686
NPRM Comment Period End         06/04/04
Recommendation to Commission (E-
filing)                         12/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

URL For Public Comments:
www.regulations.gov

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
_______________________________________________________________________




4140.  FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 
2003

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-159, 117 Stat. 1952

CFR Citation: 16 CFR 602; 16 CFR 603; 16 CFR 604; 16 CFR 610; 16 CFR 
611; 16 CFR 613; 16 CFR 614; 16 CFR 682; . . .

Legal Deadline: Final, Statutory, December 31, 2003, Effective Date for 
FACTA Provisions Affecting FCRA and State Laws.
Final, Statutory, February 11, 2004, Rules Specifying Effective Dates 
of FACTA Provisions Where Statute Does Not Specify Dates.
Final, Statutory, March 3, 2004, Rules Prohibiting Consumer Reporting 
Agencies from Circumventing FACTA Provisions.
Final, Statutory, June 3, 2004, Rules Concerning Free Consumer Credit 
Reports.
Final, Statutory, September 3, 2004, Rules Allowing Consumers to Opt 
Out of Marketing by Affiliates.
The FACT Act requires that the Commission and other agencies complete 
rulemakings by deadlines set within the statute or by effective dates 
set by the Federal Reserve Board and the Commission by Federal Register 
notice.

Abstract: The Fair and Accurate Credit Transactions Act of 2003 (the 
``FACT Act'' or ``FACTA'' or the ``Act'') was enacted on December 4, 
2003. The Act requires that the Commission undertake a number of 
rulemakings and studies.
Effective Dates --
 The FACT Act requires that the FTC, together with the banking 
agencies, jointly adopt the effective dates of

[[Page 38604]]

portions of the statute where the effective dates are not prescribed 
within two months of enactment of the Act. On December 24, 2003, the 
Board of Governors of the Federal Reserve System (the Federal Reserve) 
and the FTC jointly adopted Interim Final Rules that established 
December 31, 2003, as the effective date for provisions of the Act that 
determine the relationship between the Fair Credit Reporting Act and 
state laws and provisions that authorize rulemakings or other 
implementing actions by agencies. 68 FR 74467. On December 24, 2003, 
the Federal Reserve and FTC also issued a Notice of Proposed Rulemaking 
(NPRM) requesting comments and specifying the effective dates for the 
other provisions of the FACT Act for which the statute does not specify 
an effective date. 68 FR 74529. The comment period for these notices 
ended on January 12, 2004. On February 11, 2004, the Commission and the 
Federal Reserve published joint Final Rules that established a schedule 
of effective dates for many of the provisions of the FACT Act for which 
the Act itself did not specifically provide an effective date. The 
Agencies also made final what had previously been interim; namely, 
establishing December 31, 2003, as the effective date for provisions of 
the Act that determine the relationship between the Fair Credit 
Reporting Act and state laws and provisions that authorize rulemakings 
or other implementing actions by agencies. 69 FR 6526. (Contacts: 
Katherine Armstrong, Christopher Keller).
 The FACT Act also requires that the Commission adopt rules concerning: 
(1) Credit Reports and Credit Scores and related issues to be conducted 
jointly with the banking agencies, including the National Credit Union 
Administration. The rulemaking mandates for the next 12 months are 
detailed below. Additional rule requirements are either mandatory with 
no specified deadline or discretionary. These will be addressed once 
the mandatory rulemakings with deadlines are completed.
 Credit Reports and Reporting Agencies
Circumvention -- With respect to Credit Reports, the Act requires that 
the Commission issue rules by March 3, 2004, on preventing corporate 
and technological circumvention of the obligations imposed on 
nationwide consumer reporting agencies. On February 24, 2004, the FTC 
published an Interim Final Rule prohibiting consumer reporting agencies 
from the avoidance of treatment as nationwide consumer reporting 
agencies and requested comments on this measure. 69 FR 8532. The 
Interim Final Rule was effective on March 3, 2004, and the comment 
period closed on April 23, 2004. Staff is reviewing the comments. 
(Contacts: Helen Foster, Sandra Farrington).
Free Credit Reports-- By June 3, 2004, the FACT Act requires that the 
Commission issue rules concerning (1) a centralized source for free 
consumer reports by national credit reporting agencies; (2) the 
provision of free credit reports by nationwide consumer reporting 
agencies; and (3) a streamlined process for consumers to obtain free 
credit reports from specialized bureaus. On March 19, 2004, the 
Commission requested comments on a Proposed Rule that would establish a 
centralized source, a standardized form, and a streamlined process 
through which consumers may request a free annual file disclosure from 
each nationwide consumer reporting agency. 69 FR 13192. (Contacts: 
Helen Foster, Sandra Farrington)
Information Sharing Between Affiliates -- Three separate rulemakings- 
(1) FACTA gave the Commission, the bank agencies, and the National 
Credit Union Administration (NCUA) authority to determine when the 
existing FCRA exception allowing medical information to be shared among 
affiliates should apply. FACTA also required the banking agencies and 
NCUA but not the Commission to make rules by June 3, 2004, regarding 
when medical information can be obtained or used in connection with a 
credit decision. (2) By September 3, 2004, with the banking agencies, 
the NCUA, and the Securities and Exchange Commission (SEC); the 
Commission is required to issue rules to implement the Act's provisions 
allowing consumers to opt outof marketing by affiliates. (3) By 
December 4, 2004, the Commission, in consultation with the banking 
agencies and the NCUA, is required to issue rules concerning the 
enhancement of notices to consumers about their right to opt out of 
prescreened solicitations. FACTA calls for these notices to be 
presented in a format and in a type, size, and manner as simple and 
easy to understand.
Disposal of Credit Report Information -- By December 4, 2004, the 
Commission is required in coordination with the banking agencies, NCUA, 
and the SEC to issue rules concerning the proper disposal of credit 
report information and records. On April 20, 2004, the Commission 
published a Notice of Proposed Rulemaking and Request for Comments. 69 
FR 21387. The comment period ended on June 15, 2004. Staff is reviewing 
the comments and plans to make its recommendation to the Commission 
during the summer of 2004. The Commission proposes to make the Disposal 
Rule effective three months after publication of the final rule. 
(Contacts: Ellen Finn, Susan McDonald)
Other Required and Discretionary Rulemakings on Credit Reports and 
Information -- (1) Also, with respect to credit reports and related 
issues, the Commission is required to issue rules effecting fair and 
reasonable fees for credit scores. (2) The Act requires the Commission 
jointly with Federal Reserve to issue rules addressing the form, 
content, time, manner, definitions, exceptions, and model of the risk-
based pricing notice. (3) The Commission is required, in coordination 
with the banking agencies and NCUA, to issue guidelines and rules 
concerning credit report accuracy and rules relating to the ability of 
consumers to dispute information directly with furnishers as well as 
rules regarding reconciling addresses. (4) Finally, the Commission may 
issue rules regarding the compilation and submission to nationwide 
consumer reporting agencies of all complaints of inaccurate or 
incomplete files and the treatment of medical information in credit 
reporting agency files.
Identity Theft
The Act requires that the Commission promulgate a summary of consumers' 
identity theft rights and to mount a public education campaign 
regarding consumers' new identity theft rights. FACTA requires the 
Commission to define certain terms that are relevant to consumers' new 
identity theft rights and to promulgate the length of time for active 
duty/military alerts (the ``fraud alerts rule''). On April 28, 2004, 
the Commission published an NPRM proposing rules that would establish 
definitions for ``identity theft'' and

[[Page 38605]]

``identity theft report''; the duration of an ``active duty alert''; 
and the ``appropriate proof of identity'' for purposes of Sections 605A 
(fraud alerts and active duty alerts), 605B (consumer report 
information blocks), and 609(a)(1) (truncation of Social Security 
numbers) of the FCRA, as amended by the FACT Act. 69 FR 23369. The 
comment period closed on June 15, 2004. The Commission is also required 
along with the banking agencies and NCUA to promulgate a standard form 
for consumers to use to place fraud alerts, block fraudulent tradelines 
or otherwise complain to consumer reporting agencies about identity 
theft (the ``Complaint Form''); and to jointly promulgate with banking 
regulators Identity Theft ``red flag'' guidelines and rules to ensure 
these guidelines (the ``ID theft red flag rule''). The ID theft red 
flag rule would, among other things, require card issuers to 
investigate requests for an additional card received after changes of 
address and would require users of credit reports to investigate when 
the address on a credit report differs from the address on a credit 
application. (Contact: Naomi B. Lefkovitz)

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Joint Interim Final Rules 
(Effective Date FACT Act 
Provisions)                     12/24/03                    68 FR 74467
Joint Notice of Proposed 
Rulemaking (Effective Date FACT 
Act Provisions)                 12/24/03                    68 FR 74529
Joint Final Rules (Effective 
Date FACT Act Provisions)       02/11/04                     69 FR 6526
Final Rule (Miscellaneous)      05/20/04                    69 FR 29061
Interim Final Rule/Request for 
Comments (Prohibition Against 
Circumvention)                  02/24/04                     69 FR 8532
Interim Final Rule Comment 
Period End (Prohibition Against 
Circumvention)                  04/23/04
Recommendation to Commission 
(Prohibition Against 
Circumvention)                  06/00/04
NPRM/Request for Comments (Free 
Annual Credit File Disclosures) 03/19/04                    69 FR 13192
NPRM Comment Period End (Free 
Annual Credit File Disclosures) 04/16/04
Recommendation to Commission 
(Free Annual File Disclosures)  06/00/04
Final Action (Free Annual Credit 
File Disclosures)               07/00/04
NPRM- Request for Comments 
(Information Sharing Between 
Affiliates)                     06/00/04
Final Rule re Opt Out of 
Marketing (Information Sharing 
Between Affiliates)             09/00/04
Final Rule re Enhancement of Opt 
Out Notice (Information Sharing 
Between Affiliates)             12/00/04
NPRM - Request for Comments 
(Disposal of Consumer Report 
Information)                    04/20/04                    69 FR 21387
NPRM Comment Period End 
(Disposal of Consumer Report 
Information)                    06/15/04
Final Rule (Disposal of Consumer 
Report Information)             12/00/04
NPRM - Request for Comments 
(Identity Theft)                04/28/04                    69 FR 23370
NPRM Comment Period End 
(Identity Theft)                06/15/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Katherine Armstrong, Attorney, Federal Trade 
Commission, Division of Financial Practices, Bureau of Consumer 
Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580
Phone: 202 326-3224
Email: [email protected]

Christopher Keller, Attorney, Federal Trade Commission, Division of 
Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania 
Ave. N.W., Washington, DC 20580
Phone: 202 326-3224
Email: [email protected]

Helen Foster, Attorney, Federal Trade Commission, Division of FInancial 
Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., 
Washington, DC 20580
Phone: 202 326-3224
Email: [email protected]

Sandra Farrington, Attorney, Federal Trade Commission, Division of 
Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania 
Ave. N.W., Washington, DC 20580
Phone: 202 326-3224
Email: [email protected]

Ellen Finn, Attorney, Federal Trade Commission, Division of Financial 
Services, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., 
Washington, DC 20580
Phone: 202 326-3224
Email: [email protected]

Susan McDonald, Attorney, Federal Trade Commission, Division of 
Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania 
Ave. N.W., Washington, DC 20580
Phone: 202 326-3224
Email: [email protected]

Naomi B. Lefkovitz, Attorney, Federal Trade Commission, Division of 
Planning and Information, Bureau of Consumer Protection, 600 
Pennsylvania Ave N.W., Washington, DC 20580
Phone: 202 326-3058
Email: [email protected]

RIN: 3084-AA94
_______________________________________________________________________




4141.  CONTACT LENS RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 7601 to 7610

CFR Citation: 16 CFR 315

Legal Deadline: Final, Statutory, August 2, 2004, Effective Date of the 
Rule.
The Fairness to Contact Lens Consumers Act requires that the final rule 
be effective by August 2, 2004.

Abstract: On December 6, 2003, The Fairness to Contact Lens Consumers 
Act (``the Act''), 15 USC 7601-7610 (Pub. L. No. 108-164), was enacted. 
The Act mandates that prescribers, such as optometrists and 
ophthalmologists provide contact lens prescriptions to their patients 
upon the completion of a contact lens fitting. The Act also requires, 
among other things, that prescribers verify contact lens

[[Page 38606]]

prescriptions to third-party contact lens sellers who are authorized by 
consumers to seek such verification and that these third-party vendors 
sell contact lenses to patients only upon receipt or verification of a 
prescription. The Act also directs the Commission to prescribe 
implementing rules.
On February 4, 2004, the Commission published a Notice of Proposed 
Rulemaking (``NPRM'') in the Federal Register seeking comment on its 
proposed rule to implement the Act. 69 FR 5440. In addition to seeking 
comment on the proposed rule, the notice makes two clerical amendments 
to the Commission's Ophthalmic Practice Rules, 16 CFR Part 456, which 
clarify the distinction between those rules and the proposed Contact 
Lens Rule. The period for comments closed April 5, 2004. Staff is 
reviewing the comments and anticipates sending its recommendation to 
the Commission in June 2004.
Also concerning the Commission's Ophthalmic Rules, the Commission 
completed its regulatory review of those rules and announced its 
decision to retain those rules unchanged. 69 FR 5450 (Feb. 4, 2004). 
That notice is discussed more fully in the agenda entry for the 
Ophthalmic Practice Rules, RIN 3084-AA80.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments on NPRM    02/04/04                     69 FR 5440
NPRM Comment Period End         04/05/04
Recommendation to Commission    08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.regulations.gov/agcy--federaltradecommission.cfm

URL For Public Comments:
[email protected]; www.regulations.gov/agcy--
federaltradecommission.cfm

Agency Contact: Thomas B. Pahl, Assistant Director, Division of 
Advertising Practices, Federal Trade Commission, Bureau of Consumer 
Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580
Phone: 202 326-2128
Email: [email protected]

Kial Young, Federal Trade Commission, Division of Advertising 
Practices, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-3525
Email: [email protected]

Related RIN: Related to 3084-AA80
RIN: 3084-AA95
_______________________________________________________________________




4142.  CONTROLLING THE ASSAULT OF NON-SOLICITED 
PORNOGRAPHY AND MARKETING ACT (CAN-SPAM) RULES

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 7701 to 7713; 18 USC 1037

CFR Citation: 16 CFR 316

Legal Deadline: Final, Statutory, April 14, 2004, Marks for sexually 
explicit e-mail.
Final, Statutory, December 16, 2004, Final rule defining criteria to 
determine ``primary purpose'' of an e-mail.
The Act requires that the Commission issue a final rule concerning 
marks for sexually oriented e-mails within 120 days of enactment, or by 
April 14, 2004. The Commission announced the rule on April 13, 2004, 
and it was published in the Federal Register on April 19, 2004. The Act 
also requires that the commission promulgate rules defining the 
criteria used to determine the ``primary purpose'' of an e-mail within 
12 months of enactment, or by December 16, 2004.

Abstract: The Controlling the Assault of Non-Solicited Pornography and 
Marketing Act of 2003 (the CAN-SPAM Act or the Act) Pub. L. No. 108-
187, 15 USC 7701-7703, 18 USC 1307, was enacted on December 16, 2003. 
The Act requires that the Commission issue regulations: (1) prescribing 
marks for e-mail messages containing sexually oriented material within 
120 days of enactment, by April 14, 2004; and (2) defining the relevant 
criteria to facilitate the determination of the ``primary purpose'' of 
an electronic message by December 16, 2004. The Act also provides the 
Commission with discretionary rulemaking authority in the four areas 
identified in the March 11, 2004 ANPRM discussed below.
 On January 29, 2004, the Commission published a Notice of Proposed 
Rulemaking (``NPRM'') on the Label for E-mail Messages Containing 
Sexually Oriented Material. 69 FR 4263. The comment period for the NPRM 
ended on February 17, 2004. On April 13, 2004, the Commission announced 
that its Final Rule prescribing a markto be included in commercial e-
mail that contains sexually oriented materials. 69 FR 21024 (Apr. 19, 
2004). (contact: Jonathan Kraden).
 On March 11, 2004, the Commission published an Advance Notice of 
Proposed Rulemaking (``ANPRM'') and requested comments on how to 
determine an electronic mail message's primary purpose including 
comment on criteria that would facilitate this determination in the 
mandatory portion of the rulemaking pursuant to the Act. 69 FR 11776. 
The notice also requestscomment on four subjects for discretionary 
rulemaking under the Act including (1) the Act's definition of 
``transactional or relationship messages;'' (2) the 10-business-day 
period for processing opt-out requests; (3) the Act's enumeration of 
``aggravated violations;'' and (4) the implementation of the provisions 
of the CAN-SPAM Act generally. Finally, the notice also seeks 
information that might assist the staff in the preparation of the four 
separate reports that the Act requires the Como submitto Congress 
within the next two years. The comment period for the Do Not Mail 
Registry closed on March 31, 2004, and the comment period for all other 
aspects of the ANPRM closed on April 20, 2004. The Commission expects 
to publish an NPRM by early August 2004. (Contacts: Michael Goodman, 
Catherine Harrington-McBride)

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Labels                   01/29/04                     69 FR 4263
NPRM - Labels Comment Period End02/17/04
Final Rule on CAN-SPAM Labels   04/19/04                    69 FR 21024
ANPRM Request for Comment on Do 
Not E-Mail Registry             03/11/04                    69 FR 11776
ANPRM Comment Period End- Do Not 
E-Mail Registry                 03/31/04
ANPRM Comment Period End- Other 
Issues                          04/20/04
Extension of Comment Period - 
Other Issues                    04/09/04                    69 FR 18851

[[Page 38607]]

Recommendation to Commission    08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.regulations.gov/agcy--federaltradecommission.cfm

URL For Public Comments:
www.regulations.gov/agncy--federaltradecommission.cfm

Agency Contact: Jonathan Kraden, Attorney, Federal Trade Commission, 
Division of Marketing Practices, Bureau of Consumer Protection, 600 
Pennsylvania Ave. N.W., Washington, DC 20580
Phone: 202 326-3257
Email: [email protected]

Michael Goodman, Attorney, Federal Trade Commission, Division of 
Marketing Practices, Bureau of Consumer Protection, 600 Pennsylvania 
Ave. N.W., Washington , DC 20580
Phone: 202 326-3071
Email: [email protected]

Catherine Harrington-McBride, Attorney, Federal Trade Commission, 
Division of Marketing Practices, Division of Marketing Practices, 
Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, 
DC 20580
Phone: 202 326-2452
Email: [email protected]

RIN: 3084-AA96
_______________________________________________________________________




4143.  FDICIA

Priority: Substantive, Nonsignificant

Legal Authority: 12 USC 1811 et seq

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This rulemaking is related to RIN 3084-AA44 which was 
withdrawn in 2000. 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 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, State and Related Agencies Appropriations Act of 
1993, containing the Commission's appropriation for 1993, provided that 
none of the funds were available for expenses authorized by section 151 
of FDICIA. Legislation containing the Commission's appropriation for 
fiscal years 1994 to 2003 contained the same provision. However, the 
Consolidated Appropriations Act of 2003, did not include the provision 
prohibiting the FTC from spending funds on the tasks imposed by section 
151 of FDICIA. Staff is drafting a Notice of Proposed Rulemaking (NPRM) 
and plans to forward it to the Commission by fall 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Patricia Bak, Attorney, Federal Trade Commission, 
Division of Enforcement, Bureau of Consumer Protection, 600 
Pennsylvania Ave. N.W., Washington, DC 20580
Phone: 202 326-2842
Email: [email protected]

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

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: Related to 3084-AA44
RIN: 3084-AA99
_______________________________________________________________________


Federal Trade Commission (FTC)                         Final Rule Stage






_______________________________________________________________________




4144.  TELEMARKETING SALES RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 6101 to 6108

CFR Citation: 16 CFR 310

Legal Deadline: NPRM, Statutory, March 23, 2004, 30-Day ``Do-Not-Call'' 
Registry.

Abstract: This rulemaking is related to RIN 3084-AA86. In 1995, the 
Commission issued the Telemarketing Sales Rule (TSR), 16 CFR part 310, 
under the Telemarketing and Consumer Fraud and Abuse Prevention Act 
(TSR Act), 15 USC 6101-6108. The TSR requires telemarketers to disclose 
information; prohibits misrepresentations; limits the times 
telemarketers may call consumers; prohibits calls to consumers who ask 
not to be called again; and sets payment restrictions for the sale of 
certain goods and services. In the Fall 2003 Agenda, the Commission 
reported that it had completed its review of the TSR as required by the 
TSR Act. That review was summarized in the statement of basis and 
purpose for the Amended TSR. 68 FR 4580 (Jan. 29, 2003). Among other 
changes, the Amended TSR established the National Do Not Call Registry, 
enabling consumers to register their preference not to receive 
telemarketing calls.
On July 31, 2003, the Commission published a Final Rule further 
amending the TSR by establishing the fees that would be charged to 
entities engaged in telemarketing that access the National Registry. 68 
FR 45134.
The Consolidated Appropriations Act of 2004, Pub. L. No. 188-199, 188 
Stat. 3, Division B, Title V (Appropriations Act), which was enacted on 
January 23, 2004, required that the Federal Trade Commission amend the 
TSR within 60 days of enactment to require telemarketers subject to the 
TSR to obtain from the FTC the list of telephone numbers on the ``do-
not-call'' registry once amonth. Accordingly, the Federal Trade 
Commission announced a proposal to amend the ``do-not-call'' provisions 
of the TSR to require that telemarketers subject to the Rule access

[[Page 38608]]

the national ``do-not-call'' registry and purge numbers on the registry 
from their call lists every month, instead of every quarter as the Rule 
originally required. 69 FR 7330 (Feb. 13, 2004). The proposal would 
also allow a consumer to assert a valid ``do-not-call'' complaint 
thirty days after entering his or her numbere registry rather than 
waiting three months as then required. On March 23, 2004, the 
Commission announced that the amendments to the Rule provisions will 
become effective on January 1, 2005. 69 FR 16368 (Mar. 29, 2004).
In the Appropriations Act, Congress also authorized the Commission to 
collect fees of $23.1 million in Fiscal Year 2004 to implement and 
enforce the Amended TSR. Pursuant to the Appropriations Act, the 
Commission published an NPRM that would amend the TSR to revise the 
fees charged for industry access to the national ``do-not-call'' 
registry. 69 FR 23701 (Apr. 30, 2004). Under the new fee structure 
proposed by the Commission, the annual fee for each area code of data 
accessed would become $45, and the maximum amount that any entity would 
be charged -- for access to 280 area codes of data or more -- would 
become $12,375. The proposed rulemaking would continue to allow all 
entities accessing the Registry to obtain the first five area codes of 
data for free, and would still allow those entities exempt from the 
Registry's requirements to obtain access at no charge. The FTC accepted 
public comments on the proposed rulemaking until June 1, 2004. Pending 
public comment, the new fee schedule would go into effect on September 
1, 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Pub. L. No. 108-199 enacted     01/23/04
NPRM - Monthly Access 
Requirement                     02/13/04                     69 FR 7330
Comment Period End              02/26/04
Final Rule Announced            03/23/04
Final Rule                      03/29/04                    69 FR 16368
Amended Fees NPRM               04/30/04                    69 FR 23701
Comment Period End              06/01/04
Final Rule - Recommendation to 
Commission                      07/00/04
Commission Action               08/00/04

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
Email: [email protected]

Catherine Harrington-McBride, Attorney, Federal Trade Commission, 
Division of Marketing Practices, Division of Marketing Practices, 
Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, 
DC 20580
Phone: 202 326-2452
Email: [email protected]

David M Torok, Attorney, Federal Trade Commission, Division of 
Marketing Practices, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-3075
Email: [email protected]

Related RIN: Related to 3084-AA86
RIN: 3084-AA98
_______________________________________________________________________


Federal Trade Commission (FTC)                        Completed Actions






_______________________________________________________________________




4145. TRADE REGULATION RULE ON OPHTHALMIC PRACTICE RULES

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 41 et seq

CFR Citation: 16 CFR 456

Legal Deadline: None

Abstract: Issued in 1978, the Trade Regulation Rule on Ophthalmic 
Practice Rules, also known as the Eyeglass Rule or the Rule, provides 
that an optometrist or ophthalmologist must give the patient, at no 
extra cost, a copy of the eyeglass prescription immediately after the 
examination is completed. The Rule also prohibits optometrists and 
ophthalmologists from conditioning the availability of an eye 
examination, as defined by the Rule, on a requirement that the patient 
agrees to purchase ophthalmic goodsfrom the optometrist or 
ophthalmologist, and from placing on the prescription, or delivering to 
the patient, certain disclaimers or waivers of liability. As part of 
its systematic review of all Commission rules and guides, the 
Commission has requested comments on the economic impact of, and the 
continuing need for, this Rule, possible conflict between the Rule and 
State, local, or other Federal laws, and the effect on the Rule of any 
technological, economic, or other industry changes. The Commission 
announced that it would retain the Eyeglass Rule in a Federal Register 
notice that was published on February 4, 2004 (69 FR 5450). The notice 
also discussed the comments received in response to the Commission's 
request for public comments and analyzed the effect of the enactment of 
the Fairness To Contact Lens Consumers Act, 15 USC 7601-7610. A 
separate Federal Register notice, also published on February 4, 2004, 
contains a Notice of Proposed Rulemaking (NPRM) under the Fairness To 
Contact Lens Consumers Act, and makes two clerical amendments to the 
Ophthalmic Practice Rules. 69 FR 5440, 5450. See the Contact Lens Rule: 
Ophthalmic Practice Rules, RIN: 3084-AA95 in this Agenda.

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
Final Rule                      02/04/04                     69 FR 5451

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Kial Young, Federal Trade Commission, Division of 
Advertising Practices, Bureau of Consumer Protection, Washington, DC 
20580
Phone: 202 326-3525
Email: [email protected]

Matthew Daynard, Federal Trade Commission, Division of Advertising

[[Page 38609]]

Practices, Bureau of Consumer Protection, Washington, DC 20580
Phone: 202 326-3291
Email: [email protected]

Related RIN: Related to 3084-AA95
RIN: 3084-AA80
_______________________________________________________________________




4146. 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 
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 asked for 
comments on whether changes in the relevant technology, such as e-mail 
and the Internet, affects the Rule since it was issued. On March 3, 
2004, the Commission announced its decision to retain the Rule in its 
current form.

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
Final Action Confirming Rule    03/03/04                     69 FR 9943

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
[FR Doc. Filed 06-25-04; 8:45 am]
BILLING CODE 6750-01-S