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


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Part LVII





Federal Trade Commission





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Semiannual Regulatory Agenda

[[Page 74216]]



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. 601-612, 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 August 18, 
2004, 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), as amended 
by Executive Order No. 13258 of February 26, 2002, 67 FR 9385 (Feb. 28, 
2002). This edition of the Unified Agenda of Regulatory and 
Deregulatory Actions includes The Regulatory Plan, which appears in 
part II of this issue of the Federal Register. The Federal Trade 
Commission's Statement of Regulatory Priorities is included in part II.

     The Commission has responded to the optional information 
requirement to identify rulemakings that are likely to have some 
impact on small entities but are not subject to the requirements of 
the RFA. The current rulemakings that are likely to have some 
impact on small entities include: (1) the Smokeless Tobacco Rules, 
16 CFR part 307; (2) the Pay-Per-Call Rule, 16 CFR part 308; (3) 
the Labeling Requirements for Alternative Fuels and Alternative 
Fueled Vehicles, 16 CFR part 309; (4) the Telemarketing Sales Rule, 
16 CFR part 310; (5) Privacy of Consumer Information, 16 CFR part 
313; (6) Contact Lens Rule, 16 CFR part 315; (7) Controlling the 
Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) 
Rules, 16 CFR part 316; (8) the Franchise and Business 
Opportunities Rule, 16 CFR part 436; (9) the Funeral Rule, 16 CFR 
part 453; (10) the Rule on Labeling and Advertising of Home 
Insulation, 16 CFR part 460; and (11) certain rules adopted 
pursuant to the Fair and Accurate Credit Transactions Act of 2003, 
16 CFR parts 602, 603, 604, 610, 611, 613, 614, 682.

     In addition, the agency has responded to the optional 
information question that corresponds to Executive Order 13132, 
``Federalism,'' of August 4, 1999, 64 FR 43255 (Aug. 10, 1999), 
which does not apply to independent regulatory agencies. The 
Commission believes to the extent that any of the rules in this 
agenda may have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various 
levels of government'' within the meaning of E.O. 13132, it has 
consulted with the affected entities. 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.

     Additionally, the Commission's submission references the web 
site 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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4075        Regulatory Review.....................................................................    3084-AA47
4076        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48
4077        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act     3084-AA78
            of 1992...............................................................................
4078        Trade Regulation Rule on Funeral Industry Practices...................................    3084-AA82
4079        Privacy of Consumer Financial Information.............................................    3084-AA97
----------------------------------------------------------------------------------------------------------------


[[Page 74217]]


                                  Federal Trade Commission--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4080        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation......    3084-AA60
4081        Trade Regulation Rule on Franchising and Business Opportunity Ventures................    3084-AA63
4082        Premerger Notification Rules and Report Form..........................................    3084-AA91
4083        Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)         3084-AA96
            Rules.................................................................................
4084        FDICIA................................................................................    3084-AA99
----------------------------------------------------------------------------------------------------------------


                                   Federal Trade Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4085        Fair and Accurate Credit Transactions Act of 2003.....................................    3084-AA94
----------------------------------------------------------------------------------------------------------------


                                   Federal Trade Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4086        Labeling Requirements for Alternative Fuels and Alternative-Fueled Vehicles...........    3084-AA89
4087        Contact Lens Rule.....................................................................    3084-AA95
4088        Telemarketing Sales Rule..............................................................    3084-AA98
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Federal Trade Commission (FTC)                            Prerule Stage






_______________________________________________________________________




4075. 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, such as 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 deferring all reviews by 
one year because of ongoing review proceedings as well as the addition 
of at least 25 rulemakings required by new legislation. The Commission 
plans to publish a notice concerning the rules and guides it plans to 
review in early 2005.

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
_______________________________________________________________________




4076. 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 at 51 
FR 40005. In FY 2000,

[[Page 74218]]

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 next spring.

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)             04/00/05

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
_______________________________________________________________________




4077. 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 became effective on November 1, 1993 58 FR 44769 (Aug. 
25, 1993) (parts of rule became effective Sept. 24, 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 and 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. It also 
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 62 
FR 11750. 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 63 FR 58524. 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, 64 FR 61 (Jan. 4, 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 58524
Comment Period Extended         01/04/99                       64 FR 61
Comment Period End              01/08/99
Public Workshop- Conference     02/25/99
Extended Comment Period End     03/10/99
Public Workshop                 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

[[Page 74219]]

of Consumer Protection, Washington, DC 20580
Phone: 202 326-3207
Email: [email protected]

RIN: 3084-AA78
_______________________________________________________________________




4078. 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

________________________________________________________________________

Initial Notice Requesting Public 
Comment                         05/05/99                    64 FR 24250
Extension of Comment Period     07/02/99                    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: 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-AA82
_______________________________________________________________________




4079. 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 FR 75164 (Dec. 
30, 2003). The notice also requests comments on the costs and 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
Public Workshop                 12/04/01

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, Washington , DC 20580
Phone: 202 326-3713
Email: [email protected]

Loretta 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

[[Page 74220]]

_______________________________________________________________________


Federal Trade Commission (FTC)                      Proposed Rule Stage






_______________________________________________________________________




4080. 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 late 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
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    12/00/04

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
_______________________________________________________________________




4081. 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 issued a report on August 25, 2004. The staff report 
sets forth the staff's recommendations to the Commission on various 
proposed amendments to the Franchise Rule. The Commission made the 
report available and published a request for comments on September 2, 
2004. 69 FR 53661. The comment period ends on November 11, 2004. Staff 
anticipates forwarding its recommendations to the Commission in late 
2005. The Commission did not review or approve the staff report prior 
to its issuance.

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 57294
NPRM Comment Period End         12/21/99
NPRM Rebuttal Comment Period End01/31/00
Staff Report Released           08/25/04
Request for Comments on the 
Staff Report                    09/02/04                    69 FR 53661
Comment Period End              11/12/04
Staff Recommendation to the 
Commission                      12/00/05

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

[[Page 74221]]

of Consumer Protection, Washington, DC 20580
Phone: 202 326-3135
Email: [email protected]

RIN: 3084-AA63
_______________________________________________________________________




4082. 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 (HSR Rules or 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 HSR 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 (Non-Corporate Entities)   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
_______________________________________________________________________




4083. 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 on April 14, 2004; and (2) defining the relevant 
criteria to facilitate the determination of the ``primary purpose'' of 
an electronic message within 12 months of enactment or 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 
its final rule prescribing a mark to be included in commercial e-mail 
that contains sexually oriented materials. 69 FR 21024 (Apr. 19, 2004). 
The final rule on labels went into effect on May 19, 2004.
 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 requests comment 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. The comment period for the ANPRM closed 
on April 20, 2004. 69 FR 50091. The Commission published an NPRM on 
August 13,

[[Page 74222]]

2004. 69 FR 50091. Staff is reviewing the comments and plans to make 
its recommendation to the Commission by November 2004.

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
Final Rule Effective (Labels)   05/19/04
ANPRM Request for Comment on 
``primary purpose'' rule        03/11/04                    69 FR 11776
Extension of Comment Period 
(``primary purpose'')           04/09/04                    69 FR 18851
ANPRM Comment Period End 
(``primary purpose'')           04/20/04
NPRM (``primary purpose'')      08/13/04                    69 FR 50091
Recommendation to the Commission11/00/04
Final Rule                      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/agncy--federaltradecommission.cfm

Agency Contact: 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]

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]

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]

RIN: 3084-AA96
_______________________________________________________________________




4084. 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                            11/00/04

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






_______________________________________________________________________




4085. 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 4, 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

[[Page 74223]]

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 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.
 The FACT Act also requires that the Commission adopt rules concerning 
credit reports and credit scores and related issues to be conducted 
jointly with the banking agencies, including the National Credit Union 
Administration (NCUA). 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 treatment as 
nationwide consumer reporting agencies and requested comments on this 
measure. 69 FR 8532. The interim final rule became effective on March 
3, 2004, and the comment period closed on April 23, 2004. Staff is 
reviewing the comments.
 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. The comment period closed on April 16, 
2004. On June 24, 2004, the Commission issued a final rule effective on 
December 1, 2004, for the provision of free reports to consumers, 
including (1) a central source whereby consumers can make one request 
and receive their consumer report from each of the three major 
nationwide consumer reporting agencies, and (2) rules with respect to 
the provision of free consumer reports by ``nationwide specialty 
consumer reporting agencies,'' as defined in new FCRA section 603(w). 
69 FR 35468.
Information Sharing Between Affiliates --
 Three separate rulemakings - (1) FACTA gave the Commission, the 
banking agencies, and the NCUA authority to determine when the FACTA 
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 4, 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 out of marketing by affiliates. The Commission issued 
an NPRM on June 15, 2004. 69 FR 33324. The Commission has not yet 
issued a final rule but anticipates doing so later this year.
Enhancement of Opt Out Notice (Prescreen Rule) --
 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 that is simple 
and easy to understand. The Commission and other agencies issued an 
NPRM on October 5, 2004 and plan to announce the final rule by the 
statutory deadline. 69 FR 58861.
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 an NPRM and Request for Comments. 69 FR 
21388. The comment period ended on June 15, 2004. The Commission and 
other agencies expect to issue a Final Disposal Rule by early December 
2004. The Commission proposes to make the Disposal Rule effective three 
months after publication of the final rule.
 Other Required and Discretionary Actions 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. The Commission expects to issue an NPRM seeking 
comments on reasonable fees for credit scores by November 2004. (2) The 
Act requires

[[Page 74224]]

the Commission jointly with the 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 the Commission to promulgate a summary of consumers' 
identity theft rights and to mount a public education campaign 
regarding consumers' new identity theft rights. The Commission issued 
proposed summaries and notices of consumers' identity theft rights on 
July 16, 2004. 69 FR 42616. The Commission expects to issue final model 
notices during December 2004. 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 
``fraud alerts rule''). On April 28, 2004, the Commission published an 
NPRM proposing rules that would establish definitions for ``identity 
theft`` and ''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 23370. 
The comment period closed on June 15, 2004. The Commission published a 
Final Fraud Alerts Rule on November 3, 2004. 69 FR 63922. The rule will 
be effective on December 1, 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 card changes and would require credit report 
users to investigate when the address on a credit report differs from 
the address on a credit application.
Miscellaneous --
 On May 20, 2004, the Commission issued a final rule effective on June 
21, 2004, making technical changes to earlier rules, establishing a 
general organizational scheme for subchapter F of chapter I of title 16 
of the Code of Federal Regulations, and setting forth general 
provisions applicable to all FTC rules under the CRA. 69 FR 29061.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Joint Interim Final Rules 
(Effective Date FACT Act 
Provisions)                     12/24/03                    68 FR 74467
NPRM                            12/24/03                    68 FR 74529
Joint Final Rules (Effective 
Date FACT Act Provisions)       02/11/04                     69 FR 6526
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
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
Final Rule (Free Annual Credit 
File Disclosures)               06/24/04                    69 FR 35468
NPRM- Request for Comments 
(Information Sharing Between 
Affiliates)                     06/15/04                    69 FR 33324
Comment Period Extended 
(Affiliate Marketing NPRM)      07/21/04                    69 FR 43546
Comment Period End (Affiliate 
Marketing)                      08/16/04
Final Rule re Opt Out of 
Marketing (Prescreen Opt Out 
Disclosure)                     12/00/04
NPRM - Request for Comments 
(Disposal of Consumer Report 
Information)                    04/20/04                    69 FR 21388
NPRM Comment Period End 
(Disposal of Consumer Report 
Information)                    06/15/04
Final Rule (Disposal of Consumer 
Report Information)             12/00/04
NPRM Comment Period End 
(Identity Theft)                06/15/04
NPRM -- (Credit Score Fees)     11/00/04
Proposed Summaries and Notices 
(Identity Theft Rights)         07/16/04                    69 FR 42616
Final Action (Identity Theft 
Rights)                         12/00/04
NPRM (Identity Theft Fraud 
Alerts)                         04/28/04                    69 FR 23370
Final Rule (Identity Theft Fraud 
Alerts)                         11/03/04                    69 FR 63922
Final Rule (Miscellaneous 
Technical Amendments)           05/20/04                    69 FR 29061
NPRM (Prescreen Opt Out 
Disclosure)                     10/01/04                    69 FR 58861
Effective Date (Identity Theft 
Rights)                         12/00/04
Effective Date (Identity Theft 
Fraud Alerts)                   12/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Andrew Smith, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, 
DC 20580
Phone: 202 326-3224

RIN: 3084-AA94

[[Page 74225]]

_______________________________________________________________________


Federal Trade Commission (FTC)                        Completed Actions






_______________________________________________________________________




4086. 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 non liquid alternative fuels as well as alternative-fueled 
vehicles. AFV's are vehicles designed to operate on at least one 
alternative fuel and do not include hybrid electric vehicles. Most 
AFV's are purchased by governments and private fleets. 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. After assessing the public comments, the Commission amended 
the rule to delete vehicle-specific emission information from the 
labels and added a reference to the EPA's green vehicle guide website, 
http://www.epa.gov/greenvehicle, which provides detailed comparative 
information about vehicle emissions generally and by vehicle model. 69 
FR 55332 (Sept. 14, 2004). The amendment will become effective on March 
31, 2005.

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
Final Rule                      09/14/04                    69 FR 55332
Final Rule Effective            03/31/05

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
_______________________________________________________________________




4087. CONTACT LENS RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 7601 to 7610

CFR Citation: 16 CFR 315

Legal Deadline: None

Abstract: The Fairness to Contact Lens Consumers Act (``the Act''), 15 
USC 7601-7610 (Pub. L. No. 108-164), was enacted on December 6, 2003. 
Among other things, 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, and that 
prescribers verify contact lens prescriptions to third-party contact 
lens sellers who are authorized by consumers to seek such verification.
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. 69 FR 5440. The period for comments closed April 5, 
2004, and the Commission published its final Contact Lens Rule on July 
2, 2004. 69 FR 40482. The Contact Lens Rule took effect on August 2, 
2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments on NPRM    02/04/04                     69 FR 5440
NPRM Comment Period End         04/05/04
Final Rule                      07/02/04                    69 FR 40482
Final Rule Effective            08/02/04

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, Washington, DC 20580
Phone: 202 326-2128
Email: [email protected]

Char Pagar, Federal Trade Commission, Division of Advertising 
Practices, Washington, DC 20580
Phone: 202 326-2791
Email: [email protected]

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




4088. 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.

[[Page 74226]]

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 a month. 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 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 number rather than waiting three 
months as originally 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). On July 30, 2004, the Commission 
published a Final Rule revising those fees. 69 FR 45580. Under the new 
fee structure, the annual fee for each area code of data accessed will 
be $40, and the maximum amount that any entity will be charged -- for 
access to 280 area codes of data or more -- will be $11,000. The Final 
Rule continues to allow all entities accessing the Registry to obtain 
the first five area codes of data for free, and allows those entities 
exempt from the Registry's requirements to obtain access at no charge. 
The new fee schedule is effective September 1, 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Monthly Access 
Requirement                     02/13/04                     69 FR 7330
Comment Period End              02/26/04
Final Rule Announced            03/23/04
Final Rule (31 day access 
requirement)                    03/29/04                    69 FR 16368
Final Action Effective (31 day 
access requirement)             01/01/05
Amended Fees NPRM               04/30/04                    69 FR 23701
Comment Period End              06/01/04
Final Rule (revised fee 
schedule)                       07/30/04                    69 FR 45580
Effective date of new fee 
schedule                        09/01/04

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, 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
[FR Doc. 04-22110 Filed 12-10-04; 8:45 am]
BILLING CODE 6750-01-S