Notice of Intent To Request Public Comments
Federal Register, Volume 77 Issue 72 (Friday, April 13, 2012)
Federal Register Volume 77, Number 72 (Friday, April 13, 2012)
Proposed Rules
Pages 22234-22236
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-8742
Page 22234
FEDERAL TRADE COMMISSION
16 CFR Chapter I
Notice of Intent To Request Public Comments
AGENCY: Federal Trade Commission.
ACTION: Notice of intent to request public comments.
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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 the notice of intent to publish requests for comments.
DATES: Effective April 13, 2012.
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.
SUPPLEMENTARY INFORMATION: To ensure that its rules and industry guides stay relevant and are not unduly burdensome, the Commission reviews its rules and guides on a ten-year schedule. Each year the Commission publishes its review schedule, with adjustments 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 Web site,\1\ thereby facilitating comment about rules and guides, and providing links in one location to comment requests, comment forms, and comments for rules and guides that are currently under review. The Web site also has a continuously updated review schedule, a list of rules and guides previously eliminated in the regulatory review process, and the Commission's regulatory review plan.
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\1\ http://www.ftc.gov/ftc/regreview/index.shtml.
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When the Commission published its regulatory review schedule for 2011-2020, it also sought input on ways to improve its regulatory review program.\2\ The Commission received three comments in response.\3\
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\2\ Federal Trade Commission: Notice Announcing Ten-Year Regulatory Review Schedule and Request for Public Comment on the Federal Trade Commission's Regulatory Review Program, 76 FR 41150 (July 13, 2011).
\3\ These comments are available on the Commission's Web site at http://www.ftc.gov/os/comments/regulatoryreviewschedule/index.shtm.
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Two commenters, the Association of Home Appliance Manufacturers (``AHAM'') and Whirlpool Corporation (``Whirlpool''), urged the Commission to reconsider its earlier decision to accelerate review of the Appliance Labeling Rule to 2012. AHAM explained, and Whirlpool concurred, that the Commission should avoid frequent rule revisions unless existing requirements are outdated, overly burdensome, or deficient. However, the Appliance Labeling Rule warrants a comprehensive review at this time that will allow the Commission to consider burden reductions associated with existing reporting requirements, explore ways to reduce the number of labels missing in showrooms, improve access to label information on retail Web sites, and consider whether additional consumer products should have energy labels. Therefore, the Commission has proceeded with the scheduled review of the Appliance Labeling Rule, 16 CFR part 305.
The Chamber of Commerce of the United States of America submitted a comment that noted the Commission's commitment to regulatory review and reduction of unnecessary burdens on business, but did not address the questions posed by the Commission, or any other aspect of the Commission's regulatory review plan. Rather, it expressed various concerns, principally relating to transparency and scope, regarding Commission enforcement of Section 5 of the Federal Trade Commission Act, 15 U.S.C. 45. The Commission notes that it is familiar with these concerns generally, has addressed them in various forums, and will continue to do so.
Modified Ten-Year Schedule for Review of FTC Rules and Guides
For 2012, the Commission intends to initiate reviews of, and solicit public comments on, the following guides:
(1) Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry, 16 CFR part 20. Agency Contact: Jonathan L. Kessler, (216) 263-3436, Federal Trade Commission, East Central Region, 1111 Superior Ave E 200, Cleveland, OH 44114-2577.
(2) Guides for the Jewelry, Precious Metals, and Pewter Industries, 16 CFR part 23. Agency Contact: Reenah Kim, (202) 326-2272, Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave. NW., Washington, DC 20580.
(3) Guides for Advertising Allowances and Other Merchandising Payments and Services, 16 CFR part 240. Agency Contact: Michael Bloom, (202) 326-2475, Federal Trade Commission, Bureau of Competition, 600 Pennsylvania Ave. NW., Washington, DC 20580.
The Commission is currently reviewing 22 of the 65 rules and guides within its jurisdiction. Due to resource constraints caused by the large number of rules and guides under review, the Commission is postponing review of the following matters previously scheduled for review in 2012: Guides Against Deceptive Pricing, 16 CFR part 233; Guides Against Bait Advertising, 16 CFR part 238; Guides Concerning Use of the Word ``Free'' and Similar Representations, 16 CFR part 251; and the Preservation of Consumers' Claims and Defenses Rule Holder in Due Course Rule, 16 CFR part 433. It is postponing the reviews of the three guides until 2017, and the review of the rule until 2013.
The Commission is also consolidating its review of the Hart-Scott-
Rodino Antitrust Improvements Act Coverage Rules, 16 CFR part 801; and the Hart-Scott-Rodino Antitrust Improvements Act Exemption Rules, 16 CFR part 802, with its next review in 2020 of the Hart-
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Scott-Rodino Antitrust Improvement Act Transmittal Rules.\4\
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\4\ The Hart-Scott-Rodino (``HSR'') program includes an ongoing review of all the HSR rules. In 2011, the Commission made significant changes to 16 CFR part 803 by overhauling the premerger notification form. The Commission also amended the definition of ``associates'' in 16 CFR part 801, and made minor amendments to several exemption rules in 16 CFR part 802. See the Statement of Basis and Purpose, Federal Trade Commission: Premerger Notification; Reporting and Waiting Period Requirements, 76 FR 42471 (July 19, 2011) at http:solsolwww.gpo.gov/fdsys/pkg/FR-2011-07-19/pdf/
2011-17822.pdf. As this review covered all sections of the HSR rules, it is appropriate to consolidate future reviews of these rules with the next scheduled review of 16 CFR part 803. The Commission will accelerate these reviews if necessary.
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A copy of the Commission's modified regulatory review schedule for 2012 through 2021 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.
Donald S. Clark,
Secretary.
Appendix
Regulatory Review
Modified Ten-Year Schedule
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16 CFR part Topic Year to review
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239.............................. Guides for the Advertising of Currently Under Review.
Warranties and Guarantees.
254.............................. Guides for Private Vocational and Currently Under Review.
Distance Education Schools.
259.............................. Guide Concerning Fuel Economy Currently Under Review.
Advertising for New Automobiles.
260.............................. Guides for the Use of Currently Under Review.
Environmental Marketing Claims.
300.............................. Rules and Regulations Under the Currently Under Review.
Wool Products Labeling Act of
1939.
301.............................. Rules and Regulations Under Fur Currently Under Review.
Products Labeling Act.
303.............................. Rules and Regulations Under the Currently Under Review.
Textile Fiber Products
Identification Act.
305.............................. Appliance Labeling Rule.......... Currently Under Review.
306.............................. Automotive Fuel Ratings, Currently Under Review.
Certification and Posting.
308.............................. Trade Regulation Rule Pursuant to Currently Under Review.
the Telephone Disclosure and
Dispute Resolution Act of 1992
Pay Per Call Rule.
309.............................. Labeling Requirements for Currently Under Review.
Alternative Fuels and
Alternative Fueled Vehicles.
312.............................. Children's Online Privacy Currently Under Review.
Protection Rule.
423.............................. Care Labeling of Textile Wearing Currently Under Review.
Apparel and Certain Piece Goods.
424.............................. Retail Food Store Advertising and Currently Under Review.
Marketing Practices
Unavailability Rule.
425.............................. Use of Prenotification Negative Currently Under Review.
Option Plans.
429.............................. Rule Concerning the Cooling-Off Currently Under Review.
Period for Sales Made at Homes
or at Certain Other Locations.
435.............................. Mail or Telephone Order Currently Under Review.
Merchandise.
455.............................. Used Motor Vehicle Trade Currently Under Review.
Regulation Rule.
700.............................. Interpretations of Magnuson-Moss Currently Under Review.
Warranty Act.
701.............................. Disclosure of Written Consumer Currently Under Review.
Product Warranty Terms and
Conditions.
702.............................. Pre-Sale Availability of Written Currently Under Review.
Warranty Terms.
703.............................. Informal Dispute Settlement Currently Under Review.
Procedures.
20............................... Guides for the Rebuilt, 2012.
Reconditioned and Other Used
Automobile Parts Industry.
23............................... Guides for the Jewelry, Precious 2012.
Metals, and Pewter Industries.
240.............................. Guides for Advertising Allowances 2012.
and Other Merchandising Payments
and Services.
310.............................. Telemarketing Sales Rule......... 2013.
433.............................. Preservation of Consumers' Claims 2013.
and Defenses Holder in Due
Course Rule.
500.............................. Regulations Under Section 4 of 2013.
the Fair Packaging and Labeling
Act.
501.............................. Exemptions From Requirements and 2013.
Prohibitions under Part 500.
502.............................. Regulations Under Section 5(c) of 2013.
the Fair Packaging and Labeling
Act.
503.............................. Statements of General Policy or 2013.
Interpretation under the Fair
Packaging and Labeling Act.
304.............................. Rules and Regulations Under the 2014.
Hobby Protection Act.
314.............................. Standards for Safeguarding 2014.
Customer Information.
315.............................. Contact Lens Rule................ 2015.
316.............................. CAN-SPAM Rule.................... 2015.
456.............................. Ophthalmic Practice Rules 2015.
(Eyeglass Rule).
460.............................. Labeling and Advertising of Home 2016.
Insulation.
682.............................. Disposal of Consumer Report 2016.
Information and Records.
233.............................. Guides Against Deceptive Pricing. 2017.
238.............................. Guides Against Bait Advertising.. 2017.
251.............................. Guide Concerning Use of the Word 2017.
AFree@ and Similar
Representations.
410.............................. Deceptive Advertising as to Sizes 2017.
of Viewable Pictures Shown by
Television Receiving Sets.
18............................... Guides for the Nursery Industry.. 2018.
311.............................. Test Procedures and Labeling 2018.
Standards for Recycled Oil.
436.............................. Disclosure Requirements and 2018.
Prohibitions Concerning
Franchising.
681.............................. Identity Theft Red Flag Rules.. 2018.
24............................... Guides for Select Leather and 2019.
Imitation Leather Products.
453.............................. Funeral Industry Practices....... 2019.
14............................... Administrative Interpretations, 2020.
General Policy Statements, and
Enforcement Policy Statements.
255.............................. Guides Concerning Use of 2020.
Endorsements and Testimonials in
Advertising.
313.............................. Privacy of Consumer Financial 2020.
Information.
317.............................. Prohibition of Energy Market 2020.
Manipulation Rule.
318.............................. Health Breach Notification Rule.. 2020.
432.............................. Power Output Claims for 2020.
Amplifiers Utilized in Home
Entertainment Products.
444.............................. Credit Practices................. 2020.
640.............................. Duties of Creditors Regarding 2020.
RiskdashBased Pricing.
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641.............................. Duties of Users of Consumer 2020.
Reports Regarding Address
Discrepancies.
642.............................. Prescreen Opt-Out Notice......... 2020.
660.............................. Duties of Furnishers of 2020.
Information to Consumer
Reporting Agencies.
680.............................. Affiliate Marketing.............. 2020.
698.............................. Model Forms and Disclosures...... 2020.
801.............................. Hart-Scott-Rodino Antitrust 2020.
Improvements Act Coverage Rules.
802.............................. Hart-Scott-Rodino Antitrust 2020.
Improvements Act Exemption
Rules.
803.............................. Hart-Scott-Rodino Antitrust 2020.
Improvements Act Transmittal
Rules.
437.............................. Disclosure Requirements and 2021.
Prohibitions Concerning Business
Opportunities.
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FR Doc. 2012-8742 Filed 4-12-12; 8:45 am
BILLING CODE 6750-01-P
