[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 LVI





Federal Trade Commission





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Semiannual Regulatory Agenda

[[Page 65638]]



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 to 612, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996, title II of Public Law 104-121, 110 
Stat. 847. The Commission's agenda follows guidelines and procedures 
issued June 21, 2005, 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 
(October 4, 1993), as amended by Executive Order No. 13258 of February 
26, 2002, 67 FR 9385 (February 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 Telemarketing Sales Rule, 16 CFR part 310; (4) Children's 
Online Privacy Protection Rule, 16 CFR part 312; (5) Privacy of 
Consumer Financial Information, 16 CFR part 313; (6) Controlling 
the Assault of Non-Solicited Pornography and Marketing Act (CAN-
SPAM) Rules, 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) 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, 
and 698; and (11) rulemakings pursuant to the Energy Policy Act of 
2005.

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

     Some of the rulemakings listed on the following agenda are 
being conducted as part of the Commission's plan to review and seek 
information about all of its regulations and guides, including 
their costs and benefits and regulatory and economic impact, every 
10 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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4053        Regulatory Review.....................................................................    3084-AA47
4054        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48
4055        Trade Regulation Rule on Funeral Industry Practices...................................    3084-AA82
4056        Children's Online Privacy Protection Rule.............................................    3084-AB00
4057        Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving      3084-AB01
            Sets Rule.............................................................................
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[[Page 65639]]


                                  Federal Trade Commission--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4058        Trade Regulation Rule on Franchising and Business Opportunity Ventures................    3084-AA63
4059        Premerger Notification Rules and Report Form..........................................    3084-AA91
4060        Fair and Accurate Credit Transactions Act of 2003.....................................    3084-AA94
4061        Rules Implementing the CAN-SPAM Act of 2003...........................................    3084-AA96
4062        Telemarketing Sales Rule..............................................................    3084-AA98
4063        The Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA)............    3084-AA99
4064        Rulemakings Pursuant to Energy Policy Act of 2005.....................................    3084-AB03
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                                   Federal Trade Commission--Long-Term Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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4065        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act     3084-AA78
            of 1992...............................................................................
4066        Privacy of Consumer Financial Information.............................................    3084-AA97
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                                   Federal Trade Commission--Completed Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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4067        Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation......    3084-AA60
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_______________________________________________________________________


Federal Trade Commission (FTC)                            Prerule Stage


  



_______________________________________________________________________




4053. 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 10-
year schedule for its regulatory review program (70 FR 2074).

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
_______________________________________________________________________




4054. 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

[[Page 65640]]

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 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 spring of 2006.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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)             04/00/06

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
_______________________________________________________________________




4055. 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 10-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, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2452
Email: [email protected]

RIN: 3084-AA82
_______________________________________________________________________




4056. 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 13 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 indefinitely until the conclusion of the 
Commission's rule review described below.
As required by the statute, the Commission 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 
10

[[Page 65641]]

years. The Commission issued a Federal Register notice requesting 
comments about the rule on April 22, 2005 (70 FR 21107). The comment 
period ended 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
_______________________________________________________________________




4057. 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 1967. The rule sets forth appropriate methods for 
measuring 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 7, 2005, the Commission 
requested comments on the rule, as part of the Commission's systematic 
review of all current Commission rules and guides. 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 laws or regulations; and the effect on the rule 
of any technological, economic, or other industry changes (70 FR 
17623). The comment period ended 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
_______________________________________________________________________


Federal Trade Commission (FTC)                      Proposed Rule Stage


  



_______________________________________________________________________




4058. 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 3 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.

[[Page 65642]]

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 Commission did not 
review or approve the staff report prior to its issuance. The comment 
period ended on November 11, 2004. Staff anticipates forwarding its 
recommendations to the Commission in late 2005.

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

RIN: 3084-AA63
_______________________________________________________________________




4059. 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; March 8, 2005). Among other 
things, the amendments address acquisitions of interests in 
unincorporated entities; formations of unincorporated entities; and the 
application of certain exemptions, including the intraperson exemption. 
On August 15, 2005, the Commission published an NPRM that would amend 
16 CFR part 803 to allow filing parties to provide Internet links to 
certain documents in lieu of paper copies (70 FR 47733). The proposed 
rule change also addresses the issue of ``stale filings'' in which 
parties make the Premerger Notification filings but fail within 18 
months of the initial filing to comply with a Request for Additional 
Information and Documentary Material. Under the proposed rule, such 
filings would expire 18 months after the initial filing. The comment 
period closed on October 14, 2005, and the Commission staff is 
assessing comments. Finally, staff anticipates forwarding a 
recommendation to the Commission by the end of 2005 about updating the 
base year used in Item 5 of the Premerger Notification Form Response 
from 1997 to 2002 and the proposed rule on Internet Links and ``Stale'' 
Filings.

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
NPRM (Internet Links and 
``Stale'' Filings)              08/15/05                    70 FR 47733
NPRM Comment Period End         10/14/05
Recommendation to Commission 
(Update HSR Report Form)        12/00/05
Recommendation to Commission on 
Internet Links and ``Stale'' 
Filings                         12/00/05

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

[[Page 65643]]

_______________________________________________________________________




4060. 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; 16 CFR 698; . . .

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.

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 2 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 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 nationwide consumer 
reporting agencies and nationwide specialty consumer reporting 
agencies; (2) the provision of free credit reports by nationwide 
consumer reporting agencies and nationwide specialty 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 specialty 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). The extended comment period closed on August 16, 2004. 
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). 
The prescreen rule was effective on August 1, 2005.
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

[[Page 65644]]

November 24, 2004 (69 FR 68690). The Disposal Rule was 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, the ``Identity Theft Definitions 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 an Identity Theft 
Definitions Rule on November 3, 2004 (69 FR 63922).
FACTAalso requires the Commission in consultation with the Federal 
banking agencies and NCUA to develop a model form and procedures to be 
used by identity theft victims for contacting and informing creditors 
and consumer reporting agencies of the fraud. On April 27, 2005, the 
Commission issued notice of its publication of guidance containing such 
model forms and procedures (70 FR 21792). This guidance, Take Charge: 
Fighting Back Against Identity Theft, is available at www.consumer.gov/
idtheft or by writing to FTC, Consumer Response Center, Room 130-B, 600 
Pennsylvania Avenue NW, Washington, DC 20580. 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 ``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
Notice of Publication (Guidance 
for Identity Theft Victims)     04/27/05                    70 FR 21792
NPRM (Identity Theft Definitions 
Rule)                           04/28/04                    69 FR 23370
Final Rule (Identity Theft 
Definitions Rule)               11/03/04                    69 FR 63922
Effective Date (Identity Theft 
Definitions Rule)               12/01/04
Final Rule (Miscellaneous 
Technical Amendments)           05/20/04                    69 FR 29061
NPRM                            10/00/05

[[Page 65645]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Clarke W. Brinckerhoff, Attorney, Federal Trade 
Commission, Division of Credit Practices, Bureau of Consumer 
Protection, Washington, DC 20580
Phone: 202 326-3208
Email: [email protected]

RIN: 3084-AA94
_______________________________________________________________________




4061. 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.

Abstract: The Controlling the Assault of Non-Solicited Pornography and 
Marketing Act of 2003 (the CAN-SPAM Act or the Act) Public Law No. 108-
187, 15 U.S.C. 7701 to 7703, 18 U.S.C. 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. 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 (Final 
Rule) (69 FR 21024; April 19, 2004); (NPRM) (69 FR 4263; January 29, 
2004). The final rule on abels 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 announced the final rule regarding an electronic mail 
message's primary purpose on December 16, 2004 (Final Rule) (70 FR 
3110;January 19, 2005); (NPRM) (69 FR 50091; August 13, 2004). The rule 
became effective on March 28, 2005.
The CAN-SPAM Act also provided the Commission with discretionary 
rulemaking authority in several other areas identified below. The 
Commission published an NPRM on May 12, 2005, that proposed rule 
provisions on five topics: (1) Defining the term ``person,'' a term 
used repeatedly throughout the Act but not defined there; (2) modifying 
the definition of ``sender'' to make it easier to determine which of 
multiple parties advertising in a single e-mail message will be 
responsible for complying with the Act's ``opt-out'' requirements; (3) 
clarifying that ost Office boxes and private mailboxes established 
pursuant to United States Postal Service regulations constitute ``valid 
physical postal addresses'' within the meaning of the Act; (4) 
shortening from 10 days to 3 the time a sender may take before honoring 
a recipient's opt-out request; and (5) clarifying that to submit a 
valid opt-out request, a recipient cannot be required to pay a fee, 
provide information other than his or her e-mail address and opt-out 
preferences, or take any steps other than sending a reply e-mail 
message or visiting a single Internet Web page (NPRM) (70 FR 25426; May 
12, 2005); (ANPRM) (69 FR 11776; March 11, 2004). The comment period 
closed on June 27, 2005, and staff is currently reviewing and analyzing 
the 151 comments received in response to the NPRM in order to formulate 
a final recommendation to the Commission before the end of calendar 
year 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)      05/12/05                    70 FR 25426
Recommendation to Commission 
(Discretionary Rules)           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/agncy--federaltradecommission.cfm

Agency Contact: Catherine Harrington-McBride, Attorney, Federal Trade 
Commission, Division of Marketing Practices, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue NW, 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 
Avenue NW, Washington, DC 20580
Phone: 202 326-3257
Email: [email protected]

RIN: 3084-AA96
_______________________________________________________________________




4062. 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 U.S.C. 6101 to 6108. The TSR requires telemarketers to 
disclose information; prohibits misrepresentations; limits the times 
telemarketers may call consumers; prohibits calls to consumers who ask

[[Page 65646]]

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; January 29, 2003). To 
date, consumers have registered over 100 million telephone numbers on 
the Registry, which accepts home land line and personal cell phone 
numbers at http://www.donotcall.gov or 1-888-382-1222.
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, Public Law 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 30 days after entering his or her 
number rather than waiting 3 months as originally required (69 FR 
16368; March 29, 2004)(Final Rule); (69 FR 7330; February 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; 
April 30, 2004) (NPRM). On April 22, 2005, the Commission published a 
new NPRM to revise the fees charged the industry for access to the 
National Do-Not-Call Registry (70 FR 20848). The comment period ended 
on June 1, 2005, and the Commission thereafter announced a revised fee 
schedule that became effective on September 1, 2005 (70 FR 43273; July 
27, 2005). The Commission's final rule revised the fee structure so 
that entities are required to pay $56 per area code (formerly $40), or 
$15,400 for any entity accessing 280 area codes or more (formerly 
$11,000). Entities will still be able to obtain the first five area 
codes of data at no cost, and ``exempt'' entities may still access the 
Registry for free.
In response to a series of requests for advisory opinions, the 
Commission also published an NPRM on November 17, 2004, proposing to 
permit prerecorded message telemarketing when there is an established 
business relationship between the caller and a consumer as long as a 
consumer has the opportunity to make a do not call request at the 
outset of the message. At the same time and in response to a request 
for reconsideration on the FTC's calculation of the percentage of 
abandoned calls for each day, the NPRM also requested comments and 
factual information supporting a requested switch from the current 
policy of measuring the 3 percent abandoned call ratio from a per day 
calculation to an average of calls abandoned over a 30-day period. 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 provided that callers comply with 
the proposed requirements. The comment period closed on January 10, 
2005, and staff anticipates forwarding its recommendation to the 
Commission by October 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 (Fee Changes)              04/22/05                    70 FR 20848
NPRM Comment Period End (Fee 
Changes)                        06/01/05
Final Rule (Fee Changes)        07/27/05                    70 FR 43273
Effectve Date of New Fee 
Schedule                        09/01/05
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)   10/00/05

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: Alberto Rivera-Fournier, Attorney, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2445
Email: [email protected]

David Robbins, Attorney, Federal Trade Commission, 600 Pennsylvania 
Avenue NW, Washington, DC 20580
Phone: 202 326-3747
Email: [email protected]

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




4063. THE FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991 
(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 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

[[Page 65647]]

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 ended on June 15, 2005. Staff anticipates forwarding its 
recommendation to the Commission by early 2006.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/16/05                    70 FR 12823
NPRM Comment Period End         06/15/05
Staff Recommendation to 
Commission                      02/00/06

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 Avenue NW, Washington, DC 20580
Phone: 202 326-2842
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]

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

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




4064. [bull] RULEMAKINGS PURSUANT TO ENERGY POLICY ACT OF 2005

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-58, 119 Stat 594

CFR Citation: Not Yet Determined

Legal Deadline: Appliance Labeling Effectiveness--must initiate 
rulemaking within 90 days of enactment and then complete the rulemaking 
within 2 years.Ceiling Fan Labeling--must complete rulemaking within 18 
months of enactment.

Abstract: The Energy Policy Act of 2005, was enacted on August 8, 2005, 
and among other things, sets forth an energy research and development 
program that would examine issues related to: (1) energy efficiency; 
(2) renewable energy; (3) oil and gas; (4) coal; (5) Indian energy; (6) 
nuclear matters and security; (7) vehicles and motor fuels, including 
ethanol; (8) hydrogen; (9) electricity; and (10) energy tax incentives. 
The Act requires the Commission to complete two rulemakings while 
authorizing other discretionary rulemaking actions.
Mandatory
Section 137(a) of the Act requires the Commission to initiate a 
rulemaking within 90 days of enactment examining the effectiveness of 
the energy efficiency related consumer products labeling program (the 
Appliance Labeling Effectiveness Rulemaking). The Commission was given 
2 years from enactment to complete this rulemaking.
Section 137(a) of the Act also mandates that, within 18 months of 
enactment, the Commission issue by rule labeling requirements for the 
electricity used by ceiling fans to circulate air in a room (Ceiling 
Fan Labeling Rulemaking).
Discretionary
Section 137(b) of the Act authorizes the Commission or the Secretary 
for the Department of Energy (DOE), as appropriate, to require labels 
for a number of products like battery chargers, external power 
supplies, refrigerated beverage machines, exit signs, transformers, 
traffic signals, etc. (Discretionary Labels). The Commission is 
consulting with DOE and after such consultation will decide how to 
proceed in this area.
Section 1287 of the Act gives the Commission the authority to issue 
retail electricity rules related to slamming, cramming, and privacy 
(Discretionary Electricity Rules).
Miscellaneous
The statute amends the statutory definitions of some covered lighting 
products. The Commission may have to make some minor conforming changes 
to the definitions in the FTC labeling rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (Appliance Labeling 
Effectiveness)                  12/00/05
NPRM (Ceiling Fan Labeling)     12/00/05

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, 600 
Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2889
Email: [email protected]

RIN: 3084-AB03

[[Page 65648]]

_______________________________________________________________________


Federal Trade Commission (FTC)                        Long-Term Actions


  



_______________________________________________________________________




4065. 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
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    10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 3084-AA78
_______________________________________________________________________




4066. PRIVACY OF CONSUMER FINANCIAL INFORMATION

Priority: Substantive, Nonsignificant

CFR Citation: 16 CFR 313

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Workshop                 12/04/01
ANPRM                           12/30/03                    68 FR 75164
ANPRM Comment Period End        03/29/04
Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Loretta Garrison
Phone: 202 326-3043
Email: [email protected]

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


Federal Trade Commission (FTC)                        Completed Actions


  



_______________________________________________________________________




4067. 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. On May 31, 2005, the Commission 
issued the final rule, effective on November 28, 2005. Among other 
things, the amendments require disclosures that will make it easier to 
ensure that the correct amount of loose-fill insulation is installed in 
homes; update the required tests for some insulation products; delete 
disclosures for insulation products no longer sold; and eliminate 
duplicative disclosure requirements for sellers of do-it-yourself home 
insulation.

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
Final Rule                      05/31/05                    70 FR 31258
Final Rule Effective            11/28/05

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
[FR Doc. 05-17868 Filed 10-28-05; 8:45 am]
BILLING CODE 6750-01-S