[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 27958]]



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 February 4, 2005, 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 Smokeless Tobacco Rules, 
16 CFR part 307; (2)the Pay-Per-Call Rule, 16 CFR part 308; (3) the 
Telemarketing Sales Rule, 16 CFR part 310; (4) the Children's 
Online Privacy Protection Rule, 16 CFR part 312; (5) Privacy of 
Consumer Financial Information, 16 CFR part 313; (6) Rules 
Implementing the CAN-SPAM Act of 2003, 16 CFR part 316; (7) 
Deceptive Advertising as to Sizes of Viewable Pictures Shown by 
Television Receiving Sets Rule, 16 CFR part 410; (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) Rules promulgated 
pursuant to the 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 
website www.regulations.gov in the rule abstracts where 
appropriate. This is the Governmentwide website 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. The Commission's 
rulemakings are also available on the agency's website, 
www.ftc.gov.

     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
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3917        Regulatory Review.....................................................................    3084-AA47
3918        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48
3919        Trade Regulation Rule on Funeral Industry Practices...................................    3084-AA82
3920        Privacy of Consumer Financial Information.............................................    3084-AA97
3921        Children's Online Privacy Protection Rule.............................................    3084-AB00

[[Page 27959]]

 
3922        Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving      3084-AB01
            Sets Rule.............................................................................
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                                  Federal Trade Commission--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3923        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation......    3084-AA60
3924        Trade Regulation Rule on Franchising and Business Opportunity Ventures................    3084-AA63
3925        Premerger Notification Rules and Report Form..........................................    3084-AA91
3926        Fair and Accurate Credit Transactions Act of 2003.....................................    3084-AA94
3927        Rules Implementing the CAN-SPAM Act of 2003...........................................    3084-AA96
3928        Telemarketing Sales Rule..............................................................    3084-AA98
3929        FDICIA................................................................................    3084-AA99
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                                   Federal Trade Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3930        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act     3084-AA78
            of 1992...............................................................................
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_______________________________________________________________________


Federal Trade Commission (FTC)                            Prerule Stage


  



_______________________________________________________________________




3917. 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 12, 2005, the Commission published a notice 
announcing the rules it plans to review in 2005, and modifying the ten-
year schedule for its regulatory review program.

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                  01/12/05                     70 FR 2074
Notice of Rules and Guides to 
Review in 2006                  01/00/06

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
_______________________________________________________________________




3918. 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, the Commission undertook a periodic

[[Page 27960]]

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 during the fall of 2005.

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)             10/00/05

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
_______________________________________________________________________




3919. 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    12/00/05

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
_______________________________________________________________________




3920. PRIVACY OF CONSUMER FINANCIAL INFORMATION

Priority: Substantive, Nonsignificant

Legal Authority: 15 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 (Privacy Rule) 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 Privacy Rule does not specify any format or standardized 
wording for these 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. Subsequently, the agencies 
published an advance notice of proposed rulemaking (ANPRM) and 
requested comments on a variety of subjects including the goals, 
elements, language, costs and benefits or permissible aspects of 
alternative privacy notices. 68 FR 75164 (Dec. 30, 2003). The comment 
period ended on March 29, 2004. The agencies are not proceeding with 
any further rulemaking at this time. Currently, six of the agencies are 
jointly funding consumer research and testing to inform the development 
of alternative privacy notices that are easier for consumers to 
understand and use.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Workshop                 12/04/01
ANPRM                           12/30/03                    68 FR 75164
ANPRM Comment Period End        03/29/04
Recommendation to Commission    12/00/05

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

[[Page 27961]]

Agency Contact: 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
RIN: 3084-AA97
_______________________________________________________________________




3921. [bull] CHILDREN'S ONLINE PRIVACY PROTECTION RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 6501 et seq

CFR Citation: 16 CFR 312

Legal Deadline: None

Abstract: The Children's Online Privacy Protection Act (COPPA) was 
enacted on October 21, 1998. COPPA required the Commission to issue 
rules that prohibit unfair and deceptive acts and practices in 
connection with the collection and use of personal information from and 
about children under the age of thirteen on the Internet. The 
Commission issued rules, effective April 21, 2000, that required 
commercial websites, and online service providers (operators), with 
certain exceptions, to obtain verifiable parental consent before 
collecting, using or disclosing personal information from or about 
children. An operator must make reasonable efforts, in light of 
available technology, to ensure that the person providing consent is 
the child's parent. On January 12, 2005, the Commission announced it 
was seeking comment on a proposal to make permanent a temporary 
provision in the rule allowing operators of websites and online 
services that collect personal information from children only for 
internal use to obtain verifiable parental consent via e-mail plus an 
additional step to verify that the person consenting is the child's 
parent. The comment period closed on February 14, 2005. The Commission 
issued a final rule, 70 FR 21104, effective April 21, 2005, extending 
the temporary e-mail verification provision until the conclusion of the 
Commission's rule review described below.
As required by the statute, the Commission has initiated a rulemaking 
review proceeding not later than 5 years after the effective date of 
the regulation to evaluate the implementation of this rule--including 
the effect on practices relating to the collection and disclosure of 
information relating to children, children's ability to obtain access 
to information of their choice online, and the availability of web 
sites directed to children--and then report to Congress on the results 
of this review. This review proceeding is also being conducted as part 
of the Commission's ongoing Regulatory Review of each regulation every 
ten years. The Commission issued a Federal Register notice requesting 
comments about the rule on April 22, 2005. 70 FR 21107. The comment 
period ends on June 27, 2005. Staff plans to forward its recommendation 
to the Commission in late 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/14/05                    70 CFR 2580
NPRM Comment Period End         02/14/05
Final Rule (E-Mail Verification)04/22/05                    70 FR 21104
Final Rule Effective (E-Mail 
Verification)                   04/21/05
Request for Comments (Rule 
Review)                         04/22/05                    70 FR 21107
Recommendation to Commission 
(Rule Review)                   12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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

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

Agency Contact: Rona Kelner, Bureau of Consumer Protection, Federal 
Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580
Phone: 202 326-2752
Email: [email protected]

Karen Muoio, Bureau of Consumer Protection, Federal Trade Commission, 
600 Pennsylvania Avenue, NW, Washington, DC 20580
Phone: 202 326-2491
Email: [email protected]

Related RIN: Related to 3084-AA84
RIN: 3084-AB00
_______________________________________________________________________




3922. [bull] DECEPTIVE ADVERTISING AS TO SIZES OF VIEWABLE PICTURES 
SHOWN BY TELEVISION RECEIVING SETS RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 41 to 58

CFR Citation: 16 CFR 410

Legal Deadline: None

Abstract: This rule, also known as the Picture Tube Rule, became 
effective in 1971. The rule sets forth appropriate methods for 
measuring the diameter of television screens when that measure is 
included in any advertisement or promotional material for the 
television set. If the measurement of the screen size is based on a 
measurement other than the horizontal dimension of the actual viewable 
picture area, the method of measurement must be clearly and 
conspicuously disclosed in close proximity to the size designation.
On April 17, 2005, the Commission requested comments on whether to 
retain, modify or rescind this rule. The Commission sought comments on, 
among other things, the economic impact and benefits of this rule; 
possible conflict between the rule and State, local, or other Federal 
real laws or regulations; and the effect on the rule of any 
technological, economic, or other industry changes. 70 FR 17623. The 
comment period ends June 6, 2005, and staff plans to forward its 
recommendation to the Commission in late 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/07/05                    70 FR 17623
Comment Period End              06/06/05
Staff Recommendation to 
Commission                      12/00/05

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]

RIN: 3084-AB01

[[Page 27962]]

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Federal Trade Commission (FTC)                      Proposed Rule Stage


  



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3923. 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 has forwarded its 
recommendation to the Commission. Commission action is expected during 
summer of 2005.

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
NPRM                            07/15/03                    68 FR 41872
NPRM Comment Period End         09/22/03
Commission Action               08/00/05

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
_______________________________________________________________________




3924. 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 ended 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 27963]]

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

RIN: 3084-AA63
_______________________________________________________________________




3925. 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 noncorporate entities under the rules. 69 FR 18686. 
On February 22, 2005, the Commission issued its final rule, which was 
effective on April 7, 2005. 70 FR 11502 (Mar. 8, 2005). Among other 
things, the amendments also address acquisitions of interests in 
unincorporated entities; formations of unincorporated entities; and the 
application of certain exemptions, including the intraperson exemption. 
By the end of 2005, BC staff also anticipates forwarding a 
recommendation that the Commission amend 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
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 (Noncorporate Entities)    04/08/04                    69 FR 18686
Final Rule (Noncorporate 
Entities)                       03/08/05                    70 FR 11502
Effective Date (Final Rule on 
Noncorporate Entities)          04/07/05
Recommendation to Commission (E-
Filing)                         06/00/05

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
_______________________________________________________________________




3926. 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 within the statute or by effective dates 
set by the Federal Reserve Board and the Commission, either solely or 
jointly with other agencies, 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 required that the FTC, together with the Governors of the 
Federal Reserve System (the Federal Reserve), 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 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. 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

[[Page 27964]]

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 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 --
The FACT Act required 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. On June 24, 2004, the Commission published 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 --
The Commission, along with the banking agencies, the NCUA, and the 
Securities and Exchange Commission (SEC), 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. On July 21, 2004, the Commission extended the 
Comment Period. The agencies are now assessing the comments.
Enhancement of Opt Out Notice (Prescreen Rule) -
The Commission, in consultation with the banking agencies and the NCUA, 
was also 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 published an NPRM on October 28, 2004 (69 FR 58861), and 
subsequently published the final rule on January 31, 2005. 70 FR 5022.
Disposal of Credit Report Information --
By December 4, 2004, the Commission was 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 Commission and the other agencies published a Final Disposal 
Rule on November 24, 2004. 69 FR 68690. The Disposal Rule is effective 
on June 1, 2005.
Other Required and Discretionary Actions on Credit Reports and 
Information --
(1) With respect to credit reports and related issues, on November 3, 
2004, the Commission issued an ANPRM seeking comments on rules 
effecting fair and reasonable fees for credit scores. 69 FR 64698. The 
comment period closed on January 5, 2005, and the staff is currently 
reviewing comments. (2) The Act requires 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 issued final model notices 
on November 30, 2004. 69 FR 69776. 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 Commission published a Final Fraud Alerts Rule on November 
3, 2004. 69 FR 63922. The Commission is also required to jointly 
promulgate with banking regulators identity theft ``red flag'' 
guidelines and rules to implement these guidelines (the ``ID theft red 
flag rule'') and an address change rule (the

[[Page 27965]]

``address change rule''). The ID theft red flag rule would, among other 
things, require card issuers to investigate requests for card changes. 
The address change rule 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 FCRA. 69 FR 29061.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Joint Interim Final Rules 
(Effective Date FACT Act 
Provisions)                     12/24/03                    68 FR 74467
NPRM (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
Interim Final Rule/Request for 
Comments (Prohibition Against 
Circumvention)                  02/24/04                     69 FR 8532
NPRM/Request for Comments (Free 
Annual Credit File Disclosures) 03/19/04                    69 FR 13192
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 (NPRM on 
Information Sharing Between 
Affiliates)                     07/21/04                    69 FR 43546
NPRM (Prescreen Opt Out 
Disclosure)                     10/28/04                    69 FR 58861
Final Rule (Prescreen Opt Out 
Disclosure)                     01/31/05                     70 FR 5022
NPRM - Request for Comments 
(Disposal of Consumer Report 
Information)                    04/20/04                    69 FR 21388
Final Rule (Disposal of Consumer 
Report Information)             11/24/04                    69 FR 68690
Effective Date for Disposal Rule05/01/05
ANPRM (Credit Score Fees)       11/08/04                    69 FR 64698
Proposed Summaries and Notices 
(Model Disclosures for Identity 
Theft Rights)                   07/16/04                    69 FR 42616
Final Action (Model Disclosures 
for Identity Theft Rights)      11/30/04                    69 FR 69776
Effective Date (Model 
Disclosures for Identity Theft 
Rights)                         01/31/05
NPRM (Identity Theft Fraud 
Alerts)                         04/28/04                    69 FR 23370
Final Rule (Identity Theft Fraud 
Alerts)                         11/03/04                    69 FR 63922
Effective Date (Identity Theft 
Fraud Alerts)                   12/01/04
Final Rule (Miscellaneous 
Technical Amendments)           05/20/04                    69 FR 29061
NPRM                            09/00/05

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
_______________________________________________________________________




3927. RULES IMPLEMENTING THE CAN-SPAM ACT OF 2003

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 required 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 required 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 required 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 provided 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. 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 
Commission published an NPRM on an electronic mail message's primary 
purpose on August 13, 2004. 69 FR 50091. Thereafter, the Commission 
announced the final rule regarding primary purpose on December 16, 
2004, which was noticed in the Federal Register on Jan. 19, 2005, 70 FR 
3110. The rule became effective on March 28, 2005.
The ANPRM from March 2004 also requested comment on four subjects for 
discretionary rulemaking under the Act, including (1) the Act's 
definition of ``transactional or relationship

[[Page 27966]]

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. 
Staff forwarded its recommendations to the Commission for an NPRM 
during April 2005. Commission action is anticipated during May 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Labels                   01/29/04                     69 FR 4263
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 and 
Discretionary Rules             03/11/04                    69 FR 11776
Extension of Comment Period 
(Primary Purpose and 
Discretionary Rules)            04/09/04                    69 FR 18851
ANPRM Comment Period End 
(Primary Purpose and 
Discretionary Rules)            04/20/04
NPRM (Primary Purpose)          08/13/04                    69 FR 50091
Final Rule (Primary Purpose)    01/19/05                     70 FR 3110
NPRM (Discretionary Rules)      05/00/05

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]

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
_______________________________________________________________________




3928. TELEMARKETING SALES RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 6101 to 6108

CFR Citation: 16 CFR 310

Legal Deadline: None

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. Among other changes, the Amended TSR established the National 
Do-Not-Call Registry, enabling consumers to register their preference 
not to receive telemarketing calls. 68 FR 4580 (Jan. 29, 2003).
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 Do-Not-Call 
Registry. 68 FR 45134.
The Consolidated Appropriations Act of 2004, Pub. L. No. 188-199, 188 
Stat. 3, Division B, Title V (Appropriations Act), 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 National Do-Not-Call Registry once a 
month. After notice and comment, the Federal Trade Commission amended 
the TSR on March 23, 2004, requiring 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, and also allowing 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. 69 FR 
16368 (Mar. 29, 2004)(Final Rule); 69 FR 7330 (Feb. 13, 2004)(NPRM).
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. On July 30, 2004, the Commission published a 
final rule revising the fees charged for industry access to the 
National Do-Not-Call Registry. 69 FR 45580 (Final Rule); 69 FR 23701 
(Apr. 30, 2004) (NPRM). Under the new fee structure, the annual fee for 
each area code of data accessed is $40, and the maximum amount that any 
entity could be charged for access to 280 area codes of data or more is 
$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 became effective September 1, 
2004.
In response to a series of requests for advisory opinions, the 
Commission published an NPRM on November 17, 2004, that requested 
comments on whether to permit prerecorded message telemarketing when 
there is an established business relationship between the caller and a 
consumer. At the same time and in response to a request for 
reconsideration on the FTC's calculation of call abandonment rates on a 
daily basis, the NPRM also proposed to revise the TSR to measure call 
abandonment using a per-30-day calculation. The current TSR, which 
prohibits all prerecorded message telemarketing regardless of whether 
there is an established business relationship, is inconsistent with the 
Federal Communications Commission's regulation of prerecorded messages 
under which such calls are permitted when such a relationship exists. 
The NPRM also stated that, pending completion of the rulemaking, the 
FTC would not enforce the TSR's current call abandonment provisions 
against callers who engage in prerecorded message telemarketing when 
there is an established business relationship. The comment period 
closed on January 10, 2005, and staff anticipates forwarding its 
recommendationto the Commission this summer. The Commission published 
an NRPM to revise the fees charged the industry for access to the 
National Do-Not-Call Registry on April 22, 2005. 70 FR 20848. The 
comment

[[Page 27967]]

period will end on June 1, 2005, and staff plans to forward its 
recommendation to the Commission during August 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Monthly Access 
Requirement                     02/13/04                     69 FR 7330
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
Final Rule (Revised Fee 
Schedule)                       07/30/04                    69 FR 45580
Effective Date of New Fee 
Schedule                        09/01/04
NPRM on Call Abandonment and 
Prerecorded Messages            11/17/04                    69 FR 67287
NPRM Comment Period End (Call 
Abandonment)                    01/10/05
Staff Recommendation to 
Commission (Call Abandonment)   07/00/05
NPRM (Fee Changes)              04/22/05                    70 FR 20848
NPRM Comment Period End (Fee 
Changes)                        06/01/05
Recommendation to Commission 
(Fee Changes)                   08/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.ftc.gov/opa/2004/11/tsramend.htm

Agency Contact: 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
_______________________________________________________________________




3929. 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). 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 2004 and 2005, did not include the provision 
prohibiting the FTC from spending funds on the tasks imposed by section 
151 of FDICIA. The Commission published a notice of proposed rulemaking 
(NPRM) requesting public comments on proposed disclosure requirements 
to implement section 151 on March 16, 2005. 70 FR 12823. The comment 
period will end on June 15, 2005. Staff anticipates forwarding its 
recommendation to the Commission by late 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/16/05                    70 FR 12823
NPRM Comment Period End         06/15/05
Staff Recommendation to 
Commission                      12/00/05

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)                        Long-Term Actions


  



_______________________________________________________________________




3930. TRADE REGULATION RULE PURSUANT TO THE TELEPHONE DISCLOSURE AND 
DISPUTE RESOLUTION ACT OF 1992

Priority: Substantive, Nonsignificant

CFR Citation: 16 CFR 308

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/12/97                    62 FR 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    06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 27968]]

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

RIN: 3084-AA78
[FR Doc. 05-6015 Filed 05-13-05; 8:45 am]
BILLING CODE 6750-01-S