Regulatory Agenda:

December 20, 2010 (Volume 75, Number 243)

Unified Agenda

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:ua20de10_022-1

Page 79930-79931

FEDERAL TRADE COMMISSION (FTC)

Part XXII

Federal Trade Commission

Semiannual Regulatory Agenda

Page 79930

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. The Commission's agenda follows guidelines and procedures issued July 23, 2010, 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).

This edition of the Unified Agenda of Federal Regulatory and

Deregulatory Actions includes The Regulatory Plan, which appears in both the online Unified Agenda and in part II of the Federal

Register that includes the Unified Agenda. The Commission's

Statement of Regulatory Priorities is included in the Plan. The

Commission has no proposed rules that would be a ``significant regulatory action'' under the definition in Executive Order 12866.

Beginning with the fall 2007 edition, the Internet became the basic means for disseminating the Unified Agenda. The complete

Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the

Federal Register is mandated for the regulatory flexibility agendas required by the RFA (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 has one rulemaking that is in the Agency's regulatory flexibility agenda, the recently issued amendments to the Telemarketing Sales Rule, 16 C.F.R. 310, which relate to the provision of debt relief services to consumers. This rule is likely to have a significant impact on a substantial number of small entities.

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 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 but are not subject to the requirements of the RFA are: (1) the Automotive Fuel Ratings, Certification, and

Posting Rule, 16 CFR 306; (2) the Pay-Per-Call Rule (or ``the 1-900

Rule''), 16 CFR 308; (3) the Appliance Labeling Rule, 16 CFR 305,

(4) Labeling Requirements for Alternative Fuels and Alternative-

Fueled Vehicles, 16 CFR 309; (5) Children's Online Privacy

Protection Rule, 16 CFR 312; (6) the Rulemakings with Respect to

Mortgage Loans, to be codified at 16 CFR 321, 322; (7) Retail Food

Store Advertising and Marketing Practices, 16 CFR 424; (8) the

Negative Option Rule, 16 CFR 425; (9) the Cooling-Off Rule, 16 CFR 429; (10) the Amplifier Rule, 16 CFR 432; (11) the Holder-in-Due

Course Rule, 16 CFR 433; (12) Mail or Telephone Order Merchandise

Rule, 16 CFR 435; (13) the Business Opportunity Rule, to be codified at 16 CFR 437; (14) the Used Car Rule, 16 CFR 455; and

(15) certain rules implementing the Fair and Accurate Credit

Transactions Act of 2003 (FACTA), 16 CFR 602, 603, 604, 610, 611, 613, 614, 641, 642, 660, 680, 681, 682, and 698.

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 actions listed in the agenda, call, e-mail, or write the contact person listed for each particular proceeding. General comments or questions about the agenda should be directed to G. Richard Gold,

Page 79931

Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW.,

Washington, DC 20580, telephone: (202) 326-3355; e-mail: rgold@ftc.gov.

By direction of the Commission.

Donald S. Clark,

Secretary.

Federal Trade Commission--Prerule Stage

Regulation

Sequence

Title

Identifier

Number

Number

607

Telemarketing Sales Rule.............................................................. 3084-AB19

December 20, 2010 (Volume 75, Number 243)

Unified Agenda

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:ua20de10_022-2

Page 79931

Federal Trade Commission (FTC)

Prerule Stage

607. TELEMARKETING SALES RULE

Legal Authority: 15 USC 6101 to 6108; 15 USC 41 to 58

Abstract: The Federal Trade Commission proposes to amend the FTC's

Telemarketing Sales Rule (TSR or Rule) to address the sale of debt relief services (74 FR 41988). The Commission seeks public comment on the proposed amendments, which would: define the term ``debt relief service;'' ensure that, regardless of the medium through which such services are initially advertised, telemarketing transactions involving debt relief services would be subject to the TSR; mandate certain disclosures and prohibit misrepresentations in the telemarketing of debt relief services; and prohibit any entity from requesting or receiving payment for debt relief services until such services have been fully performed and documented to the consumer. The comment period, as extended, closed on October 26, 2009. The Commission received hundreds of comments from the public. The Commission held a public forum on November 4, 2009, where Commission staff and interested parties discussed the proposed amendments and issues raised in the comments. On July 29, 2010, the Commission announced rule amendments defining debt relief services, prohibiting debt relief providers from collecting fees until services have been provided, and requiring specific disclosures related to fundamental aspects of debt relief services (75 FR 48458). The rule also extends the TSR's coverage to inbound calls and prohibits misrepresentations related to success rates and non-profit status. With the exception of the advance fee ban, the rule's provisions were effective September 27, 2010.

On October 27, 2010, the Commission announced an enforcement policy for the TSR Debt Relief Services Rule: The Commission will defer enforcement of the new rule for tax debt relief services until further notice. The enforcement policy states, however, that tax debt relief services must comply with the other portions of the FTC's Telemarketing

Sales Rule during the enforcement deferral period. Companies that sell other kinds of debt relief services over the telephone continue to be subject to enforcement of the TSR Debt Relief Service Rule, including the prohibition against charging fees before settling or reducing a consumer's credit car or other unsecured debt.

Separately, Commission staff are considering proposed amendments to the

TSR concerning caller identification services and disclosure of the identity of the seller or telemarketer responsible for telemarketing calls. Staff anticipates that the Commission will issue an advance notice of proposed rulemaking during the first quarter of 2011.

Commission staff are also considering possible amendments to the TSR that would provide new or strengthen existing anti-fraud provisions, as well as make explicit certain other requirements in the TSR. Staff anticipates that the Commission will issue an advance notice of proposed rulemaking during the first quarter of 2011.

Timetable:

Action

Date

FR Cite

NPRM

08/19/09

74 FR 41988

NPRM Comment Period End

10/09/09

NPRM Comment Period Extended 10/15/09

74 FR 52914

NPRM Extended Comment Period End10/26/09

Public Forum

11/04/09

Final Rule

08/10/10

75 FR 48458

Technical Correction to Final

Rule

08/24/10

75 FR 51934

Effective Date

09/27/10

Effective Date (Advance Fee Ban)10/27/10

ANPRM (Caller ID)

03/00/11

NPRM (Anti-fraud)

08/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Allison Brown, Attorney, Federal Trade Commission,

Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington,

DC 20580

Phone: 202 326-3079

Email: aibrown@ftc.gov

RIN: 3084-AB19

FR Doc. 2010-30466 Filed 12-17-10; 8:45 am

BILLING CODE 6750-01-S