[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 XXV





Federal Trade Commission





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Semiannual Regulatory Agenda

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FEDERAL TRADE COMMISSION (FTC)






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FEDERAL TRADE COMMISSION

16 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: Federal Trade Commission.

ACTION: Semiannual regulatory agenda.

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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 22, 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).

     For this edition of the Federal Trade Commission's regulatory 
agenda, the most important significant regulatory actions and a 
Statement of Regulatory Priorities are included in The Regulatory 
Plan, which appears in both the online Unified Agenda and in part 
II of the Federal Register that includes the Unified Agenda. 
Beginning with the fall 2007 edition, the Internet will be the 
basic means for disseminating the Unified Agenda. The complete 
Unified Agenda will be available online at www.reginfo.gov. Because 
publication in the Federal Register is mandated for the regulatory 
flexibility agendas required by the Regulatory Flexibility Act (5 
U.S.C. 602), the Commission's printed agenda entries include only 
rules that are in the Agency's regulatory flexibility agenda, in 
accordance with the Regulatory Flexibility Act, because they are 
likely to have a significant economic impact on a substantial 
number of small entities, and any rules that the Agency has 
identified for periodic review under section 610 of the Regulatory 
Flexibility Act.

     Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. Additional information on these entries is available 
in the Unified Agenda published on the Internet. In addition, for 
fall editions of the Agenda, the entire Regulatory Plan will 
continue to be printed in the Federal Register, as in past years, 
including the Federal Trade Commission's regulatory plan.

     The Commission's agenda also references the Web site 
www.regulations.gov 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 Commission has one proposed rule that would be a 
``significant regulatory action'' under the definition in Executive 
Order 12866. Sections 114 and 315 of the Fair and Accurate Credit 
Transactions Act of 2003 (FACTA) require the Commission to jointly 
promulgate with the banking agencies (the Board of Governors of the 
Federal Reserve System, the Federal Deposit Insurance Corporation, 
the Office of the Comptroller of the Currency, and the Office of 
Thrift Supervision) and the National Credit Union Administration 
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''). This rulemaking is described in 
more detail in the Unified Agenda and in The Regulatory Plan.

     The Commission has also 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) Privacy of 
Consumer Financial Information, 16 CFR part 313; (5) Controlling 
the Assault of Non-Solicited Pornography and Marketing Act (CAN-
SPAM) Rules, 16 CFR part 316; (6) Mail or Telephone Order 
Merchandise Rule, 16 CFR 435; (7) the Business Opportunity Rule, to 
be codified at 16 CFR part 437; (8) the Funeral Rule, 16 CFR part 
453; (9) the Used Motor Vehicle Trade Regulation Rule, 16 CFR part 
455; (10) 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 (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 (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.

     Some of the rulemakings listed in the 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

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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--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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578         Fair and Accurate Credit Transactions Act of 2003 (Reg Plan Seq No. 183)..............    3084-AA94
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References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

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Federal Trade Commission (FTC)                      Proposed Rule Stage






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578. FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003

 Regulatory Plan: This entry is Seq. No. 183 in part II of this issue 
of the Federal Register.

RIN: 3084-AA94
[FR Doc. 07-04547 Filed 12-07-07; 8:45 am]
BILLING CODE 6750-01-S