[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 LV





Federal Trade Commission





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Semiannual Regulatory Agenda

[[Page 23568]]



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 January 31, 2007, by the Office of Management and Budget in 
accordance with the provisions of Executive Order No. 12866 
``Regulatory Planning and Review'' of September 30, 1993, 58 FR 51735 
(Oct. 4, 1993), as amended by Executive Order No. 13258 of February 26, 
2002, 67 FR 9385 (Feb. 28, 2002) and Executive Order No. 13422 of 
January 18, 2007, 72 FR 2763 (Jan. 23, 2007).

     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) Test Procedures 
and Labeling Standards for Recycled Oil, 16 CFR part 311; (5) 
Children's Online Privacy Protection Rule, 16 CFR part 312; (6) 
Privacy of Consumer Financial Information, 16 CFR part 313; (7) 
Controlling the Assault of Non-Solicited Pornography and Marketing 
Act (CAN-SPAM) Rules, 16 CFR part 316; (8) Mail or Telephone Order 
Merchandise Rule, 16 CFR 435; (9) the Franchise and Business 
Opportunities Rule, 16 CFR part 436; (10) the Business Opportunity 
Rule, to be codified at 16 CFR part 437; (11) the Funeral Rule, 16 
CFR part 453; (12) the Used Motor Vehicle Trade Regulation Rule, 16 
CFR part 455; (13) certain rules adopted pursuant to the Fair and 
Accurate Credit Transactions Act of 2003 (FACTA), 16 CFR parts 602, 
603, 604, 610, 611, 613, 614, 682, and 698; and (14) 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 (Aug. 10, 1999), 
which does not apply to independent regulatory agencies. The 
Commission believes to the extent that any of the rules in this 
agenda may have ``substantial direct effects on the States, on the 
relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various 
levels of government'' within the meaning of E.O. 13132, it has 
consulted with the affected entities. The Commission continues to 
work closely with the States and other governmental units in its 
rulemaking process, which explicitly considers the effect of the 
Agency's rules on these governmental entities.

     Additionally, the Commission's submission references the Web 
site 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 every 10 years about all of its regulations and guides, 
including their costs and benefits and regulatory and economic 
impact. 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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3627        Regulatory Review.....................................................................    3084-AA47
3628        Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986....    3084-AA48
3629        Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act     3084-AA78
            of 1992...............................................................................
3630        Trade Regulation Rule on Funeral Industry Practices...................................    3084-AA82
3631        Premerger Notification Rules and Report Form..........................................    3084-AA91
3632        Used Motor Vehicle Trade Regulation Rule..............................................    3084-AB05
3633        Mail or Telephone Order Merchandise Rule..............................................    3084-AB07
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[[Page 23569]]


                                  Federal Trade Commission--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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3634        Rules Implementing the CAN-SPAM Act of 2003...........................................    3084-AA96
3635        Privacy of Consumer Financial Information.............................................    3084-AA97
3636        Telemarketing Sales Rule..............................................................    3084-AA98
3637        The Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA)............    3084-AA99
3638        Rulemakings Pursuant to Energy Policy Act of 2005.....................................    3084-AB03
3639        Business Opportunity Rule.............................................................    3084-AB04
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                                   Federal Trade Commission--Final Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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3640        Fair and Accurate Credit Transactions Act of 2003.....................................    3084-AA94
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                                   Federal Trade Commission--Completed Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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3641        Trade Regulation Rule on Franchising and Business Opportunity Ventures................    3084-AA63
3642        Test Procedures and Labeling Standards for Recycled Oil...............................    3084-AB06
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Federal Trade Commission (FTC)                            Prerule Stage


  



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3627. 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 December 29, 2006, the Commission published a notice 
announcing the one rule and two guides it plans to review in 2007 and 
modifying the 10-year schedule for its regulatory review program (71 FR 
78390).

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                  12/29/05                    70 FR 77077
Notice of Rules and Guides to 
Review in 2007                  12/29/06                    71 FR 78390
Notice of Rules and Guides to 
Review in 2008                  01/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Janice Podoll Frankle, Staff Attorney, Federal Trade 
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, 
Washington, DC 20580
Phone: 202 326-3022
Email: [email protected]

RIN: 3084-AA47
_______________________________________________________________________




3628. 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

[[Page 23570]]

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 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 
by fall 2007.

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)             10/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Rosemary Rosso, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-2174
Email: [email protected]

RIN: 3084-AA48
_______________________________________________________________________




3629. TRADE REGULATION RULE PURSUANT TO THE TELEPHONE DISCLOSURE AND 
DISPUTE RESOLUTION ACT OF 1992

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 5701 et seq

CFR Citation: 16 CFR 308

Legal Deadline: None

Abstract: Congress enacted the Telephone Disclosure and Dispute 
Resolution Act of 1992 (TDDRA) to curtail certain unfair and deceptive 
practices perpetrated by some pay-per-call businesses and to encourage 
the growth of the legitimate pay-per-call industry. TDDRA mandated that 
the FTC promulgate a rule to curb these practices; the Pay-Per-Call or 
900-Number Rule became effective on November 1, 1993 (58 FR 44769; Aug. 
25, 1993) (parts of rule became effective September 24, 1993). TDDRA 
granted the Commission limited jurisdiction over common carriers for 
purposes of the rule. The rule requires that advertisements for 900-
numbers contain certain disclosures and that anyone who calls a 900-
number service be given the opportunity to hang up at the conclusion of 
the preamble without incurring any charge for the call. It also 
establishes procedures for resolving billing disputes for 900-number 
calls and other telephone-billed purchases. The rule itself required 
the Commission to initiate a review of the rule prior to November 1997.
As part of this review, the Commission published a notice in the 
Federal Register on March 12, 1997, requesting comments on, among other 
things, the economic impact of and the continuing need for the rule, 
and the effect on the rule of any technological or industry changes (62 
FR 11750). The Commission also sought comments, pursuant to authority 
granted under the Telecommunications Act of 1996, on whether to expand 
the rule to govern other similar audio information and entertainment 
services. Staff held a public workshop on June 19-20, 1997, during 
which members of the industry discussed issues raised in the comments, 
including billing and collection issues and possible ways to expand the 
definition of ``pay-per-call services.'' Many commenters reported that 
the rule has been successful in reducing the abuses that led to the 
passage of TDDRA. Despite the success of the rule in correcting the 
abuses in the 900-number industry, complaints about other types of 
audiotext services (accessed via dialing patterns other than 900 
numbers) are being reported. The majority of complaints now involve 800 
numbers, international numbers, or other dialing patterns that do not 
use the 900-number prefix. Many consumer and law enforcement agencies 
also have received complaints from consumers who have discovered 
unexplained charges (in some cases, recurring charges) on their 
telephone bills for services that were never authorized, ordered, 
received, or used, a practice known as ``cramming.''
On October 30, 1998, the Commission published an NPRM that would expand 
the definition of ``pay-per-call'' services beyond 900 numbers and that 
would implement measures to combat telephone bill cramming (63 FR 
58524). The proposed revisions would: (1) Require the express 
authorization of the person to be billed for the purchase of any 
``telephone-billed purchases'' that cannot be blocked by 900-number 
blocking; (2) prohibit vendors from billing consumers for monthly or 
other recurring charges for pay-per-call services unless the vendor had 
entered into a ``presubscription agreement'' with the person to be 
billed and had sent the consumer a written copy of the agreement; and 
(3) give consumers legal recourse to dispute unauthorized charges 
crammed on phone bills and have those charges removed. The comment 
period was extended to March 10, 1999 (64 FR 61; Jan. 4, 1999), and a 
workshop-conference was held on May 20-21, 1999. At the workshop, 
participants discussed issues raised by the comments, such as the 
meaning of ``express authorization'' and the requirements for a 
presubscription agreement. Staff plans to forward a recommendation to 
the Commission by the end of 2007.

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    12/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Ruth Yodaiken, Attorney, Federal Trade Commission,

[[Page 23571]]

Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-2127
Email: [email protected]

RIN: 3084-AA78
_______________________________________________________________________




3630. 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 anticipates forwarding a recommendation to the Commission 
by late spring 2007.

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
Public Workshop                 11/18/99                    64 FR 56717
Recommendation to Commission    05/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Monica E. Vaca, Attorney, Federal Trade Commission, 
Division of Marketing Practices, Bureau of Consumer Protection, 600 
Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2245
Email: [email protected]

RIN: 3084-AA82
_______________________________________________________________________




3631. 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 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 comment 
period closed on October 14, 2005. On December 12, 2005, a final rule 
was published (70 FR 73369). It became effective on January 11, 2006. 
The rule change also addressed the issue of ``stale filings,'' in which 
parties make Premerger Notification filings but fail within the ensuing 
18 months to comply with a Request for Additional Information and 
Documentary Material. Under the new rule, such filings expire 18 months 
after they are received by the agencies. On December 30, 2005, the 
Commission issued another final rule, effective upon publication, 
requiring filers to use 2002 NAICS codes and to use 2002 revenue data 
for base year reporting (replacing the 1997 codes and revenue 
information) (70 FR 77312). This rule provides for a 30-day grace 
period during which filers may use 1997 or 2002 information, provided 
all parties to the transaction use the same year and same codes. 
Beginning January 30, 2006, all filers must use 2002 data and codes.
On June 23, 2006, the Commission published a final rule providing for 
electronic submission of premerger notification filings. 71 FR 35995. 
This rule was effective upon publication.
Pursuant to the 2000 Amendments to section 7A of the Clayton Act, 
codified at 15 U.S.C. 18a, the filing thresholds are revised annually 
based on the change in gross national product. These thresholds have 
recently been raised with the baseline reporting figure of the size of 
transaction test under section 7A(a)(2)(B)(i) now $59.8 million, which 
was effective 30 days from publication

[[Page 23572]]

in the Federal Register. 72 FR 2692 (Jan. 22, 2007). Finally, staff 
continues to review various HSR rules and plans to forward its 
recommendation to the Commission during 2007.

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 (Internet Links and 
``Stale'' Filings) Comment 
Period End                      10/14/05
Final Rule (Internet Links and 
``Stale'' Filings)              12/12/05                    70 FR 73369
Final Rule (Electronic Filings) 06/23/06                    71 FR 35995
Final Rule on Electronic Filings 
Effective                       06/23/06
Staff Recommendation to 
Commission                      09/00/07

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, Bureau of Competition, 600 Pennsylvania Avenue NW, 
Washington, DC 20580
Phone: 202 326-2846
Email: [email protected]

Related RIN: Previously reported as 3084-AA23
RIN: 3084-AA91
_______________________________________________________________________




3632. USED MOTOR VEHICLE TRADE REGULATION RULE

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

Legal Authority: 15 USC 2309

CFR Citation: 16 CFR 455

Legal Deadline: None

Abstract: Effective in 1985 and last reviewed in 1995, the Used Motor 
Vehicle Trade Regulation Rule (or ``Used Car Rule'') sets out the 
general duties of a used vehicle dealer and provides for a label on the 
window of the car describing the condition of the car and whether it is 
warrantied by the used vehicle dealer. The Used Car Rule also prohibits 
the used vehicle dealer from making statements contrary to those on the 
label. Staff plans to forward a recommendation to the Commission 
regarding the review during spring 2007.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendation to Commission 
(ANPRM)                         05/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: John Hallerud, Attorney, Federal Trade Commission, 55 
W. Monroe Street, Suite 1825, Chicago, IL 60603-5001
Phone: 312 960-5615
Email: [email protected]

RIN: 3084-AB05
_______________________________________________________________________




3633. [bull] MAIL OR TELEPHONE ORDER MERCHANDISE RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 57a; 5 USC 552

CFR Citation: 16 CFR 435

Legal Deadline: None

Abstract: Issued in 1975, and last amended in 1995, this rule requires 
that, when sellers advertise merchandise, they must have a reasonable 
basis for stating or implying that they can ship within a certain time. 
If sellers make no shipment statement, they must have a reasonable 
basis for believing that they can ship within 30 days. In the event of 
delays in shipment, the rule establishes notification procedures 
whereby buyers have the option either to agree to the delay or to 
cancel the order and receive a prompt refund. The rule applies when a 
consumer places an order by mail or telephone and also by indirect use 
of telephone via facsimile or computer.
During 2007, the Commission plans to request comments on the rule as 
part of the Commission's systematic review of all current Commission 
rules and guides. Staff plans to recommend that the Commission seek 
comments on possible non-substantive changes to the rule to bring it 
into conformity with changing conditions, including consumers using 
means other than the telephone to access the Internet when ordering, 
consumers paying for merchandise by demand draft or debit card, and 
merchants using alternative methods to make prompt rule-required 
refunds. The Commission also plans to seek 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Joel N. Brewer, Federal Trade Commission, Bureau of 
Consumer Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2967

Related RIN: Related to 3084-AA19
RIN: 3084-AB07

[[Page 23573]]

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Federal Trade Commission (FTC)                      Proposed Rule Stage


  



_______________________________________________________________________




3634. 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; Apr. 19, 2004); (NPRM) (69 FR 4263; Jan. 29, 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 announced 
the final rule regarding an electronic mail message's primary purpose 
on December 16, 2004 (Final Rule) (70 FR 3110; Jan. 19, 2005); (NPRM) 
(69 FR 50091; Aug. 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. After 
issuing an ANPRM (69 FR 11776; Mar. 11, 2004), 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 Post 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 (70 FR 25426). The comment period closed on June 27, 2005, and 
staff is currently reviewing and analyzing the comments received in 
response to the NPRM in order to formulate a final recommendation to 
the Commission during 2007.

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)           10/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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

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

Agency Contact: Janis Kestenbaum, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-2798
Email: [email protected]

RIN: 3084-AA96
_______________________________________________________________________




3635. 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 seven agencies thereafter funded 
consumer research and testing to inform the development of alternative 
privacy notices that are easier for consumers to understand and use.
As directed by section 728 of the Financial Services Relief Act of 
2006, Public Law No. 109-351, which added section 503(e) to the GLB 
Act, the Commission together with seven other

[[Page 23574]]

federal agencies (the Board of Governors of the Federal Reserve System, 
the Federal Deposit Insurance Corporation, the Office of the 
Comptroller of the Currency, the Office of Thrift Supervision, the 
National Credit Union Administration, the Securities and Exchange 
Commission, and the Commodity Futures Trading Commission) must propose 
a model form that may be used at the option of financial institutions 
for the privacy notices required under GLB within 280 days after 
enactment, or by April 11, 2007. On March 29, 2007, the agencies 
published an NPRM proposing a model form of the prototype privacy 
notice developed during the consumer research testing project 
undertaken by first six, then seven of these agencies. 72 FR 14940. 
Errata were published in the Federal Register on April 5, 2007, 72 FR 
16875. The comment period ends on May 29, 2007. Staff of the agencies 
plan to review the comments and make their recommendations by the end 
of the year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Workshop                 12/04/01
ANPRM                           12/30/03                    68 FR 75164
ANPRM Comment Period End        03/29/04
NPRM                            03/29/07                    72 FR 14940
Errata                          04/05/07                    72 FR 16875
NPRM Comment Period End         05/29/07
Agency Action                   12/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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

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

Agency Contact: Loretta Garrison, Senior Attorney, Federal Trade 
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, 
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
_______________________________________________________________________




3636. 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 
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). To 
date, consumers have registered over 140 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; 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). 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). On May 1, 2006, the Commission published an NPRM seeking 
comments about whether to review the fees charged the industry for 
access to the National Do-Not-Call Registry. 71 FR 25512. On July 31, 
2006, the Commission issued a final rule revising the fee structure 
charged to industry. 71 FR 43048.
Under the new structure, the annual fee for each area code of data 
accessed will be $62, and the maximum amount charged to entities 
accessing 280 area codes or more will be $17,050. The rulemaking still 
allows telemarketers 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 revised fees were effective on 
September 1, 2006. During Spring 2007, staff anticipates that the 
Commission will publish a new NPRM to revise the fees charged the 
industry for access to the National Do-Not-Call Registry.
On November 17, 2004, the Commission published an NPRM proposing to 
create a new safe harbor that would allow prerecorded messages in 
certain defined situations, announcing the Agency's forbearance from 
enforcing the TSR's current call abandonment provisions against callers 
that engage in prerecorded message telemarketing so long as they comply 
with the proposed change, and seeking comment on a requested change in 
the method used to calculate the percentage of abandoned calls. 69 FR

[[Page 23575]]

67287. The comment period ended on January 10, 2005.
On October 4, 2006, the Commission issued a revised NPRM and announced 
that it would not create a new safe harbor for prerecorded messages and 
therefore would end its forbearance policy permitting such messages 
effective January 2, 2007. 71 FR 58716. The revised and extended 
comment period ended on December 18, 2006. 71 FR 65762. The revised 
NPRM proposes to make explicit that the TSR's call abandonment 
provision bars sellers and telemarketers from delivering a prerecorded 
message when a person answers a telemarketing call, except in the very 
limited circumstances permitted in the call abandonment safe harbor and 
when a consumer has consented, in writing, to receive such calls. The 
revised NPRM also proposes to change the method for measuring the 
maximum allowable call abandonment rate in the call abandonment safe 
harbor provision from ``3 percent per day per calling campaign'' to ``3 
percent per 30-day period per calling campaign.''
On November 3, 2006, the Commission granted a petition requesting a 40-
day extension to the original 30-day comment period on the revised NPRM 
from November 6, 2006, to December 18, 2006. 71 FR 65762 (Nov. 9, 
2006). On December 18, 2006, the Commission granted four petitions 
requesting an extension of its enforcement forbearance policy 
permitting prerecorded calls subject to certain conditions until the 
conclusion of the prerecorded call rulemaking proceeding. 71 FR 77634 
(Dec. 27, 2006).

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                        09/01/06
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
Final Rule (Fee Changes)        07/31/06                    71 FR 43048
New Fee Schedule Effective      09/01/06
Revised NPRM (Call Abandonment) 10/04/06                    71 FR 58716
Revised NPRM Comment Period 
Extended (Call Abandonment)     11/09/06                    71 FR 65762
Revised NPRM Comment Period End 
(Call Abandonment)              12/18/06
NPRM Enforcement Forbearance 
Policy Reinstated (Call 
Abandonment)                    12/27/06                    71 FR 77634
Commission Action (Call 
Abandonment)                    08/00/07
NPRM (Fee Changes)              05/00/07
Final Rule (Fee Changes)        08/00/07
Final Rule (Fee Changes) 
Effective                       09/00/07

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: Craig Tregillus, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-2970
Email: [email protected]

John A Krebs, Attorney, Federal Trade Commission, Bureau of Consumr 
Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2692
Email: [email protected]

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




3637. 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 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 spring 2007.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/16/05                    70 FR 12823
NPRM Comment Period End         06/15/05
Staff Recommendation to 
Commission                      05/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Patricia Bak, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-2842
Email: [email protected]


[[Page 23576]]


Hampton Newsome, Attorney, Federal Trade Commission, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2889
Email: [email protected]

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




3638. 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: NPRM, Statutory, November 8, 2005, Appliance Labeling 
Effectiveness.
Final, Statutory, February 8, 2007, Ceiling Fan Labeling.
Final, Statutory, August 8, 2007, Appliance Labeling Effectiveness.

Abstract: Section 137 of the Energy Policy Act of 2005 requires the 
Commission to consider ``the effectiveness of the consumer products 
labeling program in assisting consumers in making purchasing decisions 
and in improving energy efficiency.'' As part of this effort, the Act 
directs the Commission to consider ``changes to the labeling rules 
(including categorical labeling) that would improve the effectiveness 
of consumer product labels.'' The Act gave the Commission 90 days to 
initiate the rulemaking and 2 years to complete it. On November 2, 
2005, the Commission published an Advance Notice of Proposed Rulemaking 
seeking comments about the effectiveness of the FTC's energy labeling 
regulations for consumer products, generally referred to as the 
Appliance Labeling Rule (16 CFR part 305). The Commission then held a 
public workshop on May 3, 2006, which examined the effectiveness of the 
Appliance Labeling Rule and where participants discussed comments 
already submitted for the ANPRM. The Commission announced publication 
of an NPRM on January 30, 2007. 72 FR 68636 (Feb. 13, 2007). The staff 
anticipates sending a final recommendation to the Commission by June 
2007.
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. The 
Commission published an NPRM on June 21, 2006 (71 FR 35584). The 
comment period ended on September 8, 2006. The final rule on ceiling 
fan labeling was published on December 28, 2006. 71 FR 78057. The rule 
will be effective on January 1, 2009.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM (Appliance Labeling 
Effectiveness)                  11/02/05                    70 FR 66307
ANPRM Comment Period End 
(Appliance Labeling 
Effectiveness)                  01/13/06
NPRM (Ceiling Fan Labeling)     06/21/06                    71 FR 35584
NPRM Comment Period End (Ceiling 
Fan Labeling)                   09/08/06
Final Rule (Ceiling Fan 
Labeling)                       12/28/06                    71 FR 78057
NPRM (Appliance Labeling 
Effectiveness)                  02/13/07                     72 FR 6836
Staff Recommendation to the 
Commission (Appliance Labeling 
Effectiveness)                  05/00/07
Final Rule (Appliance Labeling 
Effectiveness)                  08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Hampton Newsome, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-2889
Email: [email protected]

RIN: 3084-AB03
_______________________________________________________________________




3639. BUSINESS OPPORTUNITY RULE

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 41 to 58

CFR Citation: 16 CFR 437

Legal Deadline: None

Abstract: From the review of the current Franchise Rule (RIN 3084-
AA63), staff recommended that the rule be split into two parts: One 
part addressing franchise issues and the second addressing business 
opportunity issues. On April 6, 2006, the Commission announced 
publication of a Notice of Proposed Rulemaking seeking comment on this 
proposed Business Opportunity Rule. The proposed rule addresses fraud 
in the offer and sale of business opportunity ventures by requiring 
business opportunity sellers to furnish specific pre-sale disclosures 
to prospective purchasers, as well as prohibiting specific conduct that 
the rulemaking record and the Commission's law enforcement experience 
show are prevalent problems. The extended comment period closed on July 
17, 2006. A subsequent extended rebuttal comment period closed on 
September 29, 2006. Staff anticipates publishing its report in December 
2007.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/12/06                    71 FR 19054
NPRM Comment Period End         06/16/06
Rebuttal Comment Period End     07/07/06
NPRM Comment Period Extended    06/01/06                    71 FR 31124
Extended Comment Period End     07/17/06
NPRM Comment Period Extended    08/15/06                    71 FR 46878
Extended Rebuttal Comment Period 
End                             09/29/06
Staff Report                    12/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State

Agency Contact: Monica E. Vaca, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-2245
Email: [email protected]

Related RIN: Split from 3084-AA63
RIN: 3084-AB04

[[Page 23577]]

_______________________________________________________________________


Federal Trade Commission (FTC)                         Final Rule Stage


  



_______________________________________________________________________




3640. 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 Board of 
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).
CREDIT REPORTS AND RELATED ISSUES --
The FACT Act requires that the Commission adopt rules concerning credit 
reports and credit scores and related issues. Most of the proceedings 
are to be conducted jointly with the Federal Reserve, Federal Deposit 
Insurance Corporation, Office of the Comptroller of the Currency, 
Office of Thrift Supervision (the banking agencies), and the National 
Credit Union Administration (NCUA). The rulemaking mandates are 
detailed below.
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 avoiding 
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 has reviewed the comments and is considering what 
additional action is appropriate.
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).
Use of Consumer Information by Affiliates for Marketing Purposes --
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 assessing the comments, and expect to publish an 
interim final rule by June 2007.
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 1, 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

[[Page 23578]]

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 was effective on June 1, 2005.
Credit Bureau Charge for Credit Scores --
The Commission is authorized to determine a fair and reasonable fee 
that consumer reporting agencies may charge for disclosure of credit 
scores. On November 8, 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 has reviewed comments and is considering what action is 
appropriate.
Furnisher Rules --
The Commission is required, in coordination with the banking agencies 
and NCUA, to issue guidelines and rules concerning the accuracy of 
information furnished to consumer reporting agencies, and rules 
relating to the ability of consumers to dispute information directly 
with furnishers of information. The Commission and the other agencies 
issued an ANPRM for public comment on March 22, 2006 (71 FR 14419). The 
comment period closed on May 22, 2006. The agencies have assessed the 
comments, and hope to publish proposed rules by September 2007.
Other Required and Discretionary Actions on Credit Reports and Related 
Issues --
With respect to credit reports and related issues, 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. The agencies expect to publish a risk-
based pricing proposal for public comment during 2007. 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 FACT Act requires that the Commission adopt rules concerning 
identity theft and related issues. Some of the proceedings are to be 
conducted jointly (or in consultation) with the banking agencies and 
the NCUA. The rulemaking mandates are detailed below.
Summary of Rights --
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 
the proposed summary of consumers' identity theft rights on July 16, 
2004 (69 FR 42616). The Commission issued the final model summary on 
November 30, 2004 (69 FR 69776).
Definitions --
FACTA requires the Commission to define certain terms that are relevant 
to consumers' new identity theft rights (``Identity Theft Definitions 
Rule'') and to promulgate in a rule the length of time for active duty/
military alerts. 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).
Model Forms and Procedures --
FACTA also requires the Commission in consultation with the banking 
agencies and the 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.ftc.gov/
bcp/edu/microsites/idtheft or by writing to FTC, Consumer Response 
Center, Room 130-B, 600 Pennsylvania Avenue NW, Washington, DC 20580.
Red Flags --
The Commission is also required to jointly promulgate with the banking 
agencies and the NCUA 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. The agencies 
jointly published proposed rules on July 18, 2006 (71 FR 40786). The 
comment period closed on September 18, 2006. The agencies are reviewing 
the comments and expect to issue a final rule during 2007.
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 
(Affiliate Marketing)           06/15/04                    69 FR 33324
Comment Period Extended 
(Affiliate Marketing)           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

[[Page 23579]]

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
Comment Period Ended (Credit 
Score Fees)                     01/05/05
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
ANPRM (Furnisher Accuracy and 
Dispute Rules)                  03/22/06                    71 FR 14419
ANPRM Comment Period End 
(``Furnisher Rules'')           05/22/06
NPRM (Identity Theft ``Red 
Flags'' and ``Address Changes'' 
Rules)                          07/18/06                    71 FR 40786
NPRM Comment Period End (``Red 
Flags and Address Change'' 
Rules)                          09/18/06
Interim Final Rule (Affiliate 
Marketing)                      06/00/07
NPRM (Risk Based Pricing Rule)  07/00/07
NPRM (Furnisher Rules)          09/00/07
Final Rule (``Red Flags and 
Address Changes'')              09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Clarke W. Brinckerhoff, Attorney, Federal Trade 
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, 
Washington, DC 20580
Phone: 202 326-3208
Email: [email protected]

RIN: 3084-AA94
_______________________________________________________________________


Federal Trade Commission (FTC)                        Completed Actions


  



_______________________________________________________________________




3641. 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.
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 titled 
``Disclosure Requirements and Prohibitions Concerning Franchising'' on 
August 25, 2004, and published a request for comments which ended on 
November 11, 2004. 69 FR 53661 (Sept. 2, 2004). The Commission did not 
review or approve the staff report prior to its issuance.
On January 22, 2007, the Commission announced that it was retaining the 
Franchise Rule while updating it to account for new technologies and to 
provide prospective franchisees with more disclosure about the nature 
of the franchise relationship, while minimizing the discrepancies 
between Federal and State law. 72 FR 15444 (Mar. 30, 2007). The amended 
Rule has a phased-in effective date which will be fully effective on 
July 1, 2008.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/28/97                     62 FR 9115
ANPRM Comment Period End        12/31/97                    62 FR 28822

[[Page 23580]]

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
Final Rule                      03/30/07                    72 FR 15444
Final Rule Effective            07/01/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State

Agency Contact: Steven Toporoff, Attorney, Federal Trade Commission, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, 
DC 20580
Phone: 202 326-3135
Email: [email protected]

RIN: 3084-AA63
_______________________________________________________________________




3642. TEST PROCEDURES AND LABELING STANDARDS FOR RECYCLED OIL

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 6363(d)

CFR Citation: 16 CFR 311

Legal Deadline: None

Abstract: Issued in 1995, and amended in 2004, this Rule governs 
labeling of containers for recycled or ``re-refined'' oil intended for 
use as engine oil. The rule, which implemented statutory requirements 
designed to encourage the use of recycled oil, permits manufacturers 
and other sellers to represent on a recycled engine-oil container label 
that the oil is substantially equivalent to new engine oil, as long as 
the determination of equivalency is based on National Institute of 
Standards and Technology test procedures prescribed by the rule. On 
July 6, 2006, the Commission published an ANPRM requesting comments on 
whether to retain or amend the rule (71 FR 38322). The comment period 
ended on September 5, 2006. The Commission determined to retain the 
rule in its current form, updating it by incorporating by reference the 
American Petroleum Institute Publication 1509, fifteenth edition, and 
updating incorporation by reference approval language. The final rule 
became effective upon publication in the Federal Register. 72 FR 14410 
(Mar. 28, 2997).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/06/06                    71 FR 38322
ANPRM Comment Period End        09/05/06
Final Rule                      03/28/07                    72 FR 11410

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Janice Podoll Frankle, Attorney, Federal Trade 
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, 
Washington, DC 20580
Phone: 202 326-3022
Email: [email protected]

RIN: 3084-AB06
[FR Doc. 07-01244 Filed 04-27-07; 8:45 am]
BILLING CODE 6750-01-S
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