AGENCY:
Federal Trade Commission.
ACTION:
Notice of intent to request public comments.
SUMMARY:
As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission announces a modified ten-year regulatory review schedule. No Commission determination on the need for, or the substance of, the rules and guides listed below should be inferred from this notice.
DATES:
April 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Further details about particular rules or guides may be obtained from the contact person listed below for the rule or guide. For information about this document, please contact Jock Chung, (202) 326-2984, Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
To ensure that its rules and industry guides remain relevant and are not unduly burdensome, the Commission reviews them on a ten-year schedule. Each year the Commission publishes its review schedule, with adjustments made in response to public input, changes in the marketplace, and resource demands.
When the Commission reviews a rule or guide, it publishes a notice in the Federal Register seeking public comment on the continuing need for the rule or guide, as well as the rule's or guide's costs and benefits to consumers and businesses. Based on this feedback, the Commission may modify or repeal the rule or guide to address public concerns or changed conditions, or to reduce undue regulatory burden.
The Commission posts information about its review schedule on its website [1] to facilitate comment. This website contains an updated review schedule, a list of rules and guides previously eliminated in the regulatory review process, and the Commission's regulatory review plan.
Modified Ten-Year Schedule for Review of FTC Rules and Guides
For 2020, the Commission intends to initiate a review of, and solicit public comments on, the following rules:
(1) Prohibitions on Market Manipulation Rule, 16 CFR part 317. Agency Contact: Peter Richman, (202) 326-2563, Federal Trade Commission, Bureau of Competition, Mergers III Division, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(2) Health Breach Notification Rule, 16 CFR part 318. Agency Contact: Elisa Jillson, (202) 326-3001, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(3) Power Output Claims for Amplifiers Utilized in Home Entertainment Products, 16 CFR part 432. Agency Contact: Jock Chung, (202) 326-2984, Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(4) Duties of Creditors Regarding Risk-Based Pricing, 16 CFR part 640. Agency Contact: David Lincicum, (202) 326-2773, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(5) Duties of Users of Consumer Reports Regarding Address Discrepancies, 16 CFR part 641. Agency Contact: David Lincicum, (202) 326-2773, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(6) Prescreen Opt-Out Notice, 16 CFR part 642. Agency Contact: David Lincicum, (202) 326-2773, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(7) Duties of Furnishers of Information to Consumer Reporting Agencies, 16 CFR part 660. Agency Contact: David Lincicum, (202) 326-2773, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(8) Affiliate Marketing, 16 CFR part 680. Agency Contact: Katherine White, (202) 326-2878, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(9) Model Forms and Disclosures, 16 CFR part 698. Agency Contact: David Lincicum, (202) 326-2773, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(10) [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules, 16 CFR part 801. Agency Contact: Robert L. Jones, (202) 326-2740, Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(11) [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules, 16 CFR part 802. Agency Contact: Robert L. Jones, (202) 326-2740, Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW, Washington, DC 20580.
(12) [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules, 16 CFR part 803. Agency Contact: Robert L. Jones, (202) 326-2740, Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW, Washington, DC 20580.
The Commission is currently reviewing 13 of the 62 rules and guides within its jurisdiction. During 2019, it completed a review of 16 CFR 433, Preservation of Consumers' Claims and Defenses [Holder in Due Course Rule]. A copy of the Commission's modified regulatory review schedule, indicating initiation dates for reviews through 2030, is appended. The Commission, in its discretion, may modify or reorder the schedule in the future to incorporate new rules, or to respond to external factors (such as changes in the law) or other considerations.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
Appendix
| 16 CFR part | Topic | Year to initiate review |
|---|---|---|
| 24 | Guides for Select Leather and Imitation Leather Products | Currently Under Review. |
| 255 | Guides Concerning Use of Endorsements and Testimonials in Advertising | Currently Under Review. |
| 308 | Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 [Pay Per Call Rule] | Currently Under Review. |
| 310 | Telemarketing Sales Rule | Currently Under Review. |
| 312 | Children's Online Privacy Protection Rule | Currently Under Review. |
| 313 | Privacy of Consumer Financial Information | Currently Under Review. |
| 314 | Standards for Safeguarding Customer Information | Currently Under Review. |
| 315 | Contact Lens Rule | Currently Under Review. |
| 423 | Care Labeling of Textile Wearing Apparel and Certain Piece Goods | Currently Under Review. |
| 436 | Disclosure Requirements and Prohibitions Concerning Franchising | Currently Under Review. |
| 453 | Funeral Industry Practices | Currently Under Review. |
| 456 | Ophthalmic Practice Rules (Eyeglass Rule) | Currently Under Review. |
| 681 | Identity Theft [Red Flag] Rules | Currently Under Review. |
| 317 | Prohibition of Energy Market Manipulation Rule | 2020. |
| 318 | Health Breach Notification Rule | 2020. |
| 432 | Power Output Claims for Amplifiers Utilized in Home Entertainment Products | 2020. |
| 640 | Duties of Creditors Regarding Risk-Based Pricing | 2020. |
| 641 | Duties of Users of Consumer Reports Regarding Address Discrepancies | 2020. |
| 642 | Prescreen Opt-Out Notice | 2020. |
| 660 | Duties of Furnishers of Information to Consumer Reporting Agencies | 2020. |
| 680 | Affiliate Marketing | 2020. |
| 698 | Model Forms and Disclosures | 2020. |
| 801 | [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules | 2020. |
| 802 | [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules | 2020. |
| 803 | [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules | 2020. |
| 437 | Business Opportunity Rule | 2021. |
| 233 | Guides Against Deceptive Pricing | 2022. |
| 238 | Guides Against Bait Advertising | 2022. |
| 251 | Guide Concerning Use of the Word “Free” and Similar Representations | 2022. |
| 260 | Guides for the Use of Environmental Marketing Claims | 2022. |
| 254 | Guides for Private Vocational and Distance Education Schools | 2023. |
| 309 | Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles | 2023. |
| 429 | Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations | 2023. |
| 20 | Guides for the Rebuilt, Reconditioned, and Other Used Automobile Parts Industry | 2024. |
| 240 | Guides for Advertising Allowances and Other Merchandising Payments and Services [Fred Meyer Guides] | 2024. |
| 300 | Rules and Regulations under the Wool Products Labeling Act of 1939 | 2024. |
| 301 | Rules and Regulations under Fur Products Labeling Act | 2024. |
| 303 | Rules and Regulations under the Textile Fiber Products Identification Act | 2024. |
| 425 | Use of Prenotification Negative Option Plans | 2024. |
| 435 | Mail, Internet, or Telephone Order Merchandise | 2024. |
| 424 | Retail Food Store Advertising and Marketing Practices [Unavailability Rule] | 2024. |
| 239 | Guides for the Advertising of Warranties and Guarantees | 2025. |
| 306 | Automotive Fuel Ratings, Certification and Posting | 2025. |
| 305 | Energy Labeling Rule | 2025. |
| 444 | Credit Practices | 2025. |
| 500 | Regulations under Section 4 of the Fair Packaging and Labeling Act | 2025. |
| 501 | Exemptions from Requirements and Prohibitions under Part 500 | 2025. |
| 502 | Regulations under Section 5(c) of the Fair Packaging and Labeling Act | 2025. |
| 503 | Statements of General Policy or Interpretation [under the Fair Packaging and Labeling Act] | 2025. |
| 700 | Interpretations of Magnuson-Moss Warranty Act | 2025. |
| 701 | Disclosure of Written Consumer Product Warranty Terms and Conditions | 2025. |
| 702 | Pre-Sale Availability of Written Warranty Terms | 2025. |
| 703 | Informal Dispute Settlement Procedures | 2025. |
| 304 | Rules and Regulations under the Hobby Protection Act | 2026. |
| 455 | Used Motor Vehicle Trade Regulation Rule | 2026. |
| 259 | Guide Concerning Fuel Economy Advertising for New Automobiles | 2027. |
| 682 | Disposal of Consumer Report Information and Records | 2027. |
| 23 | Guides for the Jewelry, Precious Metals, and Pewter Industries | 2028. |
| 311 | Test Procedures and Labeling Standards for Recycled Oil | 2028. |
| 460 | Labeling and Advertising of Home Insulation | 2028. |
| 316 | CAN-SPAM Rule | 2029. |
| 433 | Preservation of Consumers' Claims and Defenses [Holder in Due Course Rule] | 2029. |
Footnotes
1. http://www.ftc.gov/enforcement/rules/regulatory-review.
Back to Citation[FR Doc. 2020-07757 Filed 4-14-20; 8:45 am]
BILLING CODE 6750-01-P
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