Semiannual Regulatory Agenda
| Published date | 07 May 2020 |
| Citation | 85 FR 27191 |
| Record Number | 2020-08932 |
| Section | Proposed rules |
| Court | Federal Trade Commission |
Federal Register, Volume 85 Issue 89 (Thursday, May 7, 2020)
[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Proposed Rules]
[Pages 27191-27203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08932]
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FEDERAL TRADE COMMISSION
16 CFR Chapter I
Semiannual Regulatory Agenda
AGENCY: Federal Trade Commission.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Federal Trade Commission (FTC or Commission) is publishing
its semiannual regulatory agenda in accordance with agency regulations.
DATES: May 7, 2020.
ADDRESSES: Copies of this document are available on the Commission's
website, www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: For information about specific
regulatory actions listed in the agenda, call, email, or write the
contact person listed for each particular proceeding. General comments
or questions about the agenda should be directed to G. Richard Gold;
Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580, telephone: (202) 326-3355; email: [email protected].
SUPPLEMENTARY INFORMATION: The Federal Trade Commission (FTC or
Commission) is publishing its semiannual regulatory agenda 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 January 16, 2020, by the Office of Management and
Budget in accordance with the provisions of Executive Order 12866,
``Regulatory Planning and Review,'' of September 30, 1993, 58 FR 51735
(Oct. 4, 1993).
The Government-wide Unified Agenda of Federal Regulatory and
Deregulatory Actions includes a list of all regulatory actions under
development or review and is scheduled for publication in its entirety
on www.reginfo.gov and www.regulations.gov in a format that offers
users a greatly enhanced ability to obtain information from the agenda
database.
The RFA requires publication in the Federal Register of agenda
entries for rules that are likely to have a significant impact on a
substantial number of small entities (5 U.S.C. 602) and any such rules
that the agency has identified for periodic review under section 610 of
the RFA. For spring 2020, the Commission has no proposed rules that
would meet the RFA's publication requirements. In addition, the
Commission has no proposed rules that would be a ``significant
regulatory action'' under the definition in Executive Order 12866.
The Commission has identified rulemakings that are likely to have
some impact on small entities, but do not meet the RFA's publication
requirements. The current rulemakings that are likely to have some
impact on small entities are: (1) The Textile Rules, 16 CRF 303; (2)
the Energy Labeling Rule, 16 CFR 305; (3) Telemarketing Sales Rule, 16
CFR 310; (4) Children's Online Privacy Protection Rule, 16 CFR 312; (5)
Privacy of Consumer Financial Information, 16 CFR 313; (6) Standards
for Safeguarding Customer Information, 16 CFR 314; (7) Contact Lens
Rule, 16 CFR 315; (8) Health Breach Notification Rule, 16 CFR 318; (9)
the Care Labeling Rule, 16 CFR 423; (10) the Amplifier Rule, 16 CFR
432; (11) Disclosure Requirements and Prohibitions Concerning
Franchising, 16 CFR 436; (12) Funeral Rule, 16 CFR 453; (13) Eyeglass
Rule, 16 CFR 456; (14) the Duties of Creditors Regarding Risk-Based
Pricing Rule, 16 CFR 640; (15) the Duties of Users of Consumer Reports
Regarding Address Discrepancies Rule, 16 CFR 641; (16) the Prescreen
Opt-Out Notice Rule, 16 CFR 642; (17) the Duties of Furnishers of
Information to Consumer Reporting Agencies Rule, 16 CFR 660; (18) the
Affiliate Marketing Rule, 16 CFR 680; and (19) Identity Theft Rules, 16
CFR 681. The Commission's rulemaking review process carefully considers
regulatory burdens and streamlines rules when feasible and appropriate.
The majority of the rulemakings listed in the agenda are being
conducted as part of the Commission's systematic review of all of its
regulations and guides on a rotating basis. Under the Commission's
program, rules are reviewed on a 10-year schedule. In each rule review,
the Commission requests public comments on, among other things, the
economic impact and benefits of the rule; possible conflict between the
rule and state, local, or other federal laws or regulations; and the
effect on the rule of any
[[Page 27192]]
technological, economic, or other industry changes. 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 FTC
staff's assessment that the specified event will occur this year. No
final determination by the staff or the Commission respecting the need
for or the substance of a rule 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 information in
this agenda may change as new information, changes of circumstances, or
changes in the law occur.
By direction of the Commission.
April Tabor,
Acting Secretary.
Federal Trade Commission--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
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1......................... Telemarketing Sales Rule.. 3084-AB19
2......................... Trade Regulation Rule on 3084-AB37
Ophthalmic Practice Rule.
3......................... Disclosure Requirements 3084-AB49
and Prohibitions
Concerning Franchising.
4......................... Identity Theft Rules...... 3084-AB50
5......................... Regulatory Review......... 3084-AB53
6......................... Trade Regulation Rule on 3084-AB55
Funeral Industry
Practices.
7......................... Health Breach Notification 3084-AB56
Rule.
8......................... Prohibitions on Energy 3084-AB57
Market Manipulation Rule.
9......................... Children's Online Privacy 3084-AB58
Protection Rule.
10........................ Use of Prenotification 3084-AB60
Negative Option Plans.
11........................ Trade Regulation Rule 3084-AB62
Concerning Power Output
Claims for Amplifiers
Utilized in Home
Entertainment Products.
12........................ Fair Credit Reporting Act 3084-AB63
Rules.
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Federal Trade Commission--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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13........................ Rule Concerning Energy and 3084-AB15
Water Use Labeling for
Consumer Products.
14........................ Care Labeling of Textile 3084-AB28
Apparel and Certain Piece
Goods as Amended.
15........................ Standards for Safeguarding 3084-AB35
Customer Information.
16........................ Contact Lens Rule......... 3084-AB36
17........................ Privacy of Consumer 3084-AB42
Financial Information.
18........................ Premerger Notification 3084-AB46
Rules and Report Form.
19........................ Rules and Regulations 3084-AB61
Under the Textile Fiber
Identification Act.
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Federal trade commission (FTC) Prerule stage
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1. Telemarketing Sales Rule
Priority: Substantive, Nonsignificant.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 6101 to 6108; 15 U.S.C. 41 to 58
CFR Citation: 16 CFR 310.
Legal Deadline: None.
Abstract: On August 11, 2014, the Commission initiated periodic
review of the Telemarketing Sales Rule and solicited public comments.
79 FR 46732 (Aug. 11, 2014). The comment period as extended closed on
November 13, 2014. 79 FR 61267 (Oct. 10, 2014). On December 15, 2015,
the Commission amended the Telemarketing Sales Rule to prohibit the use
of certain payment methods in all telemarketing transactions, expand
the scope of the advance fee ban for recovery services, and clarify
certain provisions of the rule. Those amendments became effective
February 12, 2016, and June 13, 2016. Staff anticipates making a
recommendation regarding further rulemaking to the Commission by June
2020.
Timetable:
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Action Date FR cite
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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 End. 10/26/09 .....................
Public Forum..................... 11/04/09 .....................
Final Rule....................... 08/10/10 75 FR 48458
Technical Correction to Final 08/24/10 75 FR 51934
Rule.
Effective Date................... 09/27/10 .....................
Effective Date (Advance Fee Ban). 10/27/10 .....................
ANPRM (Caller ID)................ 12/15/10 75 FR 78179
NPRM (Anti-Fraud)................ 07/09/13 78 FR 41200
Closure of Proceeding (Caller ID) 12/20/13 78 FR 77024
Rule Review, Request for Public 08/14/14 79 FR 46732
Comment.
[[Page 27193]]
Rule Review Comment Period 10/10/14 79 FR 61267
Extended.
Rule Review Extended Comment 11/13/14 .....................
Period End.
Final Rule (Anti-Fraud).......... 12/14/15 80 FR 77520
Final Rule (Anti-Fraud) Effective 02/12/16 .....................
Final Rule (Anti-Fraud-Use of 06/13/16 .....................
Certain Payment Methods)
Effective.
Recommendation to Commission 06/00/20 .....................
(Rule Review).
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Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Federalism: Undetermined.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Patricia Hsue, Staff Attorney, Federal Trade
Commission, Division of Marketing Practices, 600 Pennsylvania Avenue
NW, Washington, DC 20580. Phone: 202 326-3132, Email: [email protected].
RIN: 3084-AB19
2. Trade Regulation Rule on Ophthalmic Practice Rule
Priority: Substantive, Nonsignificant.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 41 et seq.
CFR Citation: 16 CFR 456.
Legal Deadline: None.
Abstract: Issued in 1978, the Trade Regulation Rule on Ophthalmic
Practice Rules, also known as the Eyeglass Rule (Rule), provides that
an optometrist or ophthalmologist must give the patient, at no extra
cost, a copy of the eyeglass prescription immediately after the
examination is completed. The Rule also prohibits optometrists and
ophthalmologists from conditioning the availability of an eye
examination, as defined by the Rule, on a requirement that the patient
agrees to purchase ophthalmic goods from the optometrist or
ophthalmologist and from placing on the prescription, or delivering to
the patient, certain disclaimers or waivers of liability.
As part of its ongoing systematic review of all Federal Trade
Commission rules and guides, on September 3, 2015, the Commission
requested public comments on, among other things, the economic impact
and benefits of the 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. The comment
period closed on October 26, 2015.
Commission staff has completed review of the 831 comments received
from consumers, eye care professionals, industry members, trade
associations, and consumer advocates and anticipates sending a
recommendation to the Commission for further action by August 2020.
Timetable:
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Action Date FR cite
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Rule Review, Request for Public 09/03/15 80 FR 53274
Comments.
Rule Review Comment Period Closed 10/26/15 .....................
Recommendation to Commission..... 08/00/20 .....................
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Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses, Organizations.
Government Levels Affected: None.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2015/08/ftc-seeks-public-input-review-eyeglass-rule.
Agency Contact: Alysa Bernstein, Attorney, Federal Trade
Commission, 600 Pennsylvania Avenue NW, CC-10528, Washington, DC 20580,
Phone: 202 326-3289, Email: [email protected].
Related RIN: Previously reported as 3084-AA80.
RIN: 3084-AB37
3. Disclosure Requirements and Prohibitions Concerning Franchising
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 41 to 58
CFR Citation: 16 CFR 436.
Legal Deadline: None.
Abstract: On February 13, 2019, the Commission announced it was
initiating periodic review of the Franchise (Rule). The comment period
closed on April 21, 2019. The Rule gives prospective purchasers of
franchises the material information they need in order to weigh the
risks and benefits of such an investment. The Rule requires franchisors
to provide all potential franchisees with a disclosure document
containing 23 specific items of information about the offered
franchise, its officers, and other franchisees. Required disclosure
topics include, for example: The franchise's litigation history, past,
and current franchisees and their contact information, any exclusive
territory that comes with the franchise, assistance the franchisor
provides franchisees, and the cost of purchasing and starting a
franchise. If a franchisor makes representations about the financial
performance of the franchise, this topic also must be covered, as well
as the material basis backing up those representations. Staff
anticipates making a recommendation to the Commission by September
2020.
Timetable:
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Action Date FR cite
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Rule Review; Request for 03/15/19 .......................
Comments.
Comment Period Closing Date.... 04/21/19 .......................
Recommendation to Commission... 09/00/20 .......................
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[[Page 27194]]
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: State.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/02/ftc-seeks-public-comment-part-its-review-franchise-rule.
Agency Contact: Christine Todaro, Attorney, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, Phone:
202 326-3711, Email: [email protected].
Related RIN: Split from 3084-AA63.
RIN: 3084-AB49
4. Identity Theft Rules
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 1681m(e); 15 U.S.C. 1681m(e)(4); 15
U.S.C. 1681c(h)
CFR Citation: 16 CFR 681.
Legal Deadline: None.
Abstract: On December 11, 2018, the Commission initiated periodic
review of the Identity Theft Rules, which include the Red Flags Rule
and the Card Issuer Rule. The public comment period closed on February
11, 2019, and staff is reviewing the comments. Staff plans to submit a
recommendation to the Commission by June 2020.
The Red Flags Rule requires financial institutions and creditors to
develop and implement a written Identity Theft Prevention Program. By
identifying red flags for identity theft in advance, businesses can be
better equipped to spot suspicious patterns that may arise and take
steps to prevent potential problems from escalating into a costly
episode of identity theft. An Identity Theft Prevention Program must
have four parts. First, the program must include reasonable policies
and procedures to identify signs or red flags of identity theft in the
day-to-day operations of the business. Second, the program must be
designed to detect the red flags of identity theft identified by the
business. Third, the program must set out the actions the business will
take to detect red flags. Finally, because identity theft is an ever-
changing threat, a business must re-evaluate its program periodically
to reflect new risks from this crime.
The Card Issuer Rule requires credit and debit card issuers to
implement reasonable policies and procedures to assess the validity of
a change of address if it receives notification of a change of address
for a consumer's debit or credit card account and, within a short
period of time afterward, also receives a request for an additional or
replacement card for the same account.
Timetable:
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Action Date FR cite
------------------------------------------------------------------------
Rule Review; Request for 12/11/18 83 FR 63604
Comments.
Rule Review Comment Period 02/11/19 .......................
Closed.
Recommendation to Commission... 06/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Local, State.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2018/12/ftc-seeks-comment-identity-theft-detection-rules.
Agency Contact: Ellen Connelly, Attorney, Federal Trade Commission,
600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-2532,
Email: [email protected].
Amanda Koulousias, Attorney, Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-3334,
Email: [email protected].
Stacy Procter, Attorney, Federal Trade Commission, 10990 Wilshire
Boulevard, Suite 400, Los Angeles, CA 90024, Phone: 310 825-4300,
Email: [email protected].
Related RIN: Split from 3084-AA94.
RIN: 3084-AB50
5. Regulatory Review
Priority: Other Significant.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 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. 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. The
Commission's periodic review process carefully considers regulatory
burdens and streamlines rules when feasible and appropriate. 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.
Timetable:
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Action Date FR cite
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Notice of Rules and Guides To 02/20/18 83 FR 7120
Review in 2018.
Notice of Rules and Guides To 05/02/19 84 FR 18746
Review in 2019.
Notice of Rules and Guides To 04/15/20 85 FR 20889
Review in 2020.
Notice of Rules and Guides to 02/00/21 .......................
Review in 2021.
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Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Jock K. Chung, Attorney, Federal Trade Commission,
600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580, Phone: 202
326-2984, Email: [email protected].
Related RIN: Previously reported as 3084-AA47.
RIN: 3084-AB53
6. Trade Regulation Rule on Funeral Industry Practices
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
[[Page 27195]]
Legal Authority: 15 U.S.C. 45; 15 U.S.C. 46(g); 15 U.S.C. 57a
CFR Citation: 16 CFR 453.
Legal Deadline: None.
Abstract: On February 14, 2020, the Commission initiated periodic
review of the Funeral Industry Practices Rule (Funeral Rule or Rule).
85 FR 8490 (Feb. 14, 2020). The comment period as extended will close
on June 15, 2020. 85 FR 20453 (April 13, 2020). The 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 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.
Timetable:
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Action Date FR Cite
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Rule Review, Request for Comments 02/14/20 85 FR 8490
Rule Review; Request for Comments 04/13/20 85 FR 20453
(Comment Period Extended).
Rule Review; Request for Comments 06/15/20 .....................
(Extended Comment Period End).
Staff Review of Comments......... 06/00/20 .....................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: None.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2020/02/ftc-seeks-public-comment-part-its-review-funeral-rule.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Patti Poss, Federal Trade Commission, 600
Pennsylvania Avenue NW, CC-8528, Washington, DC 20580, Phone: 202 326-
2413, Email: [email protected].
Related RIN: Previously reported as 3084-AA82.
RIN: 3084-AB55
7. Health Breach Notification Rule
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: sec. 13407 of the American Recovery and
Reinvestment Act of 2009
CFR Citation: 16 CFR 318.
Legal Deadline: None.
Abstract: The Commission plans to initiate periodic review of the
Health Breach Notification Rule (Rule) by June 2020. This Rule requires
vendors of personal health records (PHR) and PHR-related entities to
provide: (1) Notice to consumers whose unsecured personally
identifiable health information has been breached; and (2) notice to
the Commission.
Under the Rule, vendors must notify both the FTC and affected
consumers ``without unreasonable delay and in no case later than 60
calendar days'' after discovery of the breach. Among other information,
the notices must provide consumers with steps they can take to protect
themselves from harm.
The FTC's Rule applies only to health information that is not
secured through technologies specified by the Department of Health and
Human Services (HHS). Also, the FTC's Rule does not apply to businesses
or organizations covered by the Health Insurance Portability and
Accountability Act (HIPAA). Entities covered by HIPAA must comply with
HHS' breach notification rule in the event of a security breach.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
Rule Review; Request for Comments 06/00/20 .....................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Elisa Jillson, Attorney, Federal Trade Commission,
600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-3001,
Email: [email protected].
Related RIN: Previously reported as 3084-AB17.
RIN: 3084-AB56
8. Prohibitions on Energy Market Manipulation Rule
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 42 U.S.C. 17301 to 17305
CFR Citation: 16 CFR 317.
Legal Deadline: None.
Abstract: The Commission plans to initiate periodic review of the
Prohibition of Energy Market Manipulation Rule (Rule) by June 2020.
This Rule, which became effective on November 4, 2009, prohibits fraud
or deceit in wholesale petroleum markets, and omissions of material
information that are likely to distort petroleum markets. Specifically,
the final rule prohibits any person, directly or indirectly, in
connection with the purchase or sale of crude oil, gasoline, or
petroleum distillates at wholesale, from; (1) knowingly engaging in any
act, practice, or course of business including making any untrue
statement of material fact that operates or would operate as a fraud or
deceit on any person; or (2) intentionally failing to state a material
fact that under the circumstances renders a statement made by such
person misleading, provided that such omission distorts or is likely to
distort market conditions for any such product.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
Rule Review; Request for Comments 06/00/20 .....................
------------------------------------------------------------------------
[[Page 27196]]
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Peter Richman, Assistant Director, Mergers III,
Bureau of Competition, Federal Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580, Phone: 202 326-2563, Email:
[email protected].
Related RIN: Previously reported as 3084-AB12.
RIN: 3084-AB57
9. Children's Online Privacy Protection Rule
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 6501 et seq.; 15 U.S.C. 41 to 58
CFR Citation: 16 CFR 312.
Legal Deadline: None.
Abstract: On July 25, 2019, the Commission requested public comment
on its Children's Online Privacy Protection Act Rule (COPPA Rule or
Rule). 84 FR 35842 (July 25, 2019). The FTC sought comment on all major
provisions of the COPPA Rule, including its definitions, notice and
parental consent requirements, exceptions to verifiable parental
consent, and safe harbor provision. The Commission held a public
workshop to review the COPPA Rule on October 7, 2019. The public
comment period closed on October 23, 2019.
The Rule prohibits unfair or deceptive acts or practices in
connection with the collection, use and/or disclosure of personal
information from and about children under the age of 13 on the
internet. The Rule requires operators of commercial websites and online
services, with certain exceptions, to obtain verifiable parental
consent before collecting, using, or disclosing personal information
from or about children. An operator must make reasonable efforts, in
light of available technology, to ensure that the person providing
consent is the child's parent. The Commission amended the Rule in 2013
to, among other things, expand the definition of personal information
covered by the Rule and to include in the definition of ``website'' and
``online service directed to children,'' operators of online services
with actual knowledge they are collecting personal information directly
from users of other websites or online services directed to children.
Timetable:
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Action Date FR cite
------------------------------------------------------------------------
Regulatory Review; Request for 07/25/19 84 FR 35842
Comments.
Public Workshop.................. 10/07/19 .....................
Request for Comment Period End... 10/23/19 .....................
Review and Analyze Public 05/00/20 .....................
Comments.
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Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Organizations.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Kristin Cohen, Attorney, Federal Trade Commission,
Division of Privacy and Identity Protection, 600 Pennsylvania Avenue
NW, Washington, DC 20580, Phone: 202 326-2276.
Related RIN: Previously reported as 3084-AB20.
RIN: 3084-AB58
10. Use of Prenotification Negative Option Plans
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 41 to 58
CFR Citation: 16 CFR 425.
Legal Deadline: None.
Abstract: On October 2, 2019, the Commission issued an Advance
Notice of Proposed Rulemaking for the Negative Option Rule (Trade
Regulation Rule on Use of Prenotification Negative Option Plans)
seeking public comments on the effectiveness and impact of the rule and
whether the rule needs to be amended to help consumers avoid recurring
payments for products and services they did not intend to order and
allow them to cancel such payments without unwarranted obstacles. 84 FR
52393 (Oct. 2, 2019). The comment period closed on December 2, 2019.
The Negative Option Rule governs the operation of prenotification
subscription plans. Under these plans, sellers ship merchandise
automatically to their subscribers, and bill them for the merchandise
if consumers do not expressly reject the merchandise within a
prescribed time. The rule protects consumers by: (1) Requiring that
promotional materials disclose the terms of membership clearly and
conspicuously, and (2) establishing procedures for the administration
of such ``negative option'' plans.
Timetable:
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Action Date FR cite
------------------------------------------------------------------------
ANPRM............................ 10/02/19 84 FR 52393
ANPRM Comment Period End......... 12/02/19 .....................
Recommendation to Commission..... 08/00/20 .....................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Organizations.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Hampton Newsome, Attorney, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, Phone:
202 326-2889, Email: [email protected].
Related RIN: Related to 3084-AB13.
RIN: 3084-AB60
[[Page 27197]]
11. Trade Regulation Rule Concerning Power Output Claims for
Amplifiers Utilized in Home Entertainment Products
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 41 et seq.
CFR Citation: 16 CFR 432.
Legal Deadline: None.
Abstract: By December 2020, the Commission plans to initiate
periodic review of the Amplifier Rule (officially the Trade Regulation
Rule Concerning Power Output Claims for Amplifiers Utilized in Home
Entertainment Products) as part of the Commission's systematic review
of all current Commission rules and guides. The Commission 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. Promulgated in
1974, the Rule assists consumers in purchasing power amplification
equipment for home entertainment purposes by standardizing the
measurement and disclosure of various performance characteristics of
the equipment. The Amplifier Rule establishes uniform test standards
and disclosures so that consumers can make more meaningful comparisons
of performance attributes. The Rule makes it an unfair or deceptive act
or practice for manufacturers and sellers of sound power amplification
equipment for home entertainment purposes to fail to disclose certain
performance information in connection with direct or indirect
representations of power output, power band, frequency, or distortion
characteristics. The Rule also sets out standard test conditions for
performing the measurements that support the required performance
disclosures. Further, the Rule prohibits representations of performance
characteristics if they are not obtainable when the equipment is
operated by the consumer in the usual and ordinary manner without the
use of extraneous aids.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
Regulatory Review; Request for 12/00/20 .....................
Comments.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Jock K. Chung, Attorney, Federal Trade Commission,
600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580, Phone: 202
326-2984, Email: [email protected].
Related RIN: Previously reported as 3084-AB09.
RIN: 3084-AB62
12. Fair Credit Reporting Act Rules
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: Pub. L. 108-159, 117 Stat. 1952; Pub. L. 11-24,
123 Stat. 1734
CFR Citation: 16 CFR 640; 16 CFR 641; 16 CFR 642; 16 CFR 660; 16
CFR 680; . . .
Legal Deadline: None.
Abstract: By December 2020, the FTC plans to initiate periodic
review of several Fair Credit Reporting Act rules as part of the
Commission's systematic review of all current Commission rules and
guides. These rules include: ``Duties of Creditors Regarding Risk-Based
Pricing,'' 16 CFR part 640; ``Duties of Users of Consumer Reports
Regarding Address Discrepancies,'' 16 CFR part 641; ``Prescreen Opt-Out
Notice,'' 16 CFR part 642; ``Duties of Furnishers of Information to
Consumer Reporting Agencies,'' 16 CFR part 660; and ``Affiliate
Marketing,'' 16 CFR part 680. The FTC's rulemaking authority for these
rules is limited to motor vehicle dealers described in section 1029(a)
of the Dodd-Frank Act that are predominantly engaged in the sale and
servicing of motor vehicles, the leasing and servicing of motor
vehicles, or both. The Commission plans to seek comments on, among
other things, the economic impact and benefits of these rules; possible
conflict between the rules and State, local, or other Federal laws or
regulations; and the effect on the rules of any technological,
economic, or other industry changes.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
Regulatory Review: Request for 12/00/20 .....................
Comments.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: David Lincicum, Federal Trade Commission, 600
Pennsylvania Avenue NW, CC-8232, Washington, DC 20580, Phone: 202 326-
2773, Email: [email protected].
Katherine White (Affiliate Marketing), Federal Trade Commission,
600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-2878,
Email: [email protected].
Related RIN: Previously reported as 3084-AB31, Previously reported
as 3084-AA94.
RIN: 3084-AB63
------------------------------------------------------------------------
Federal Trade Commission (FTC) Proposed rule stage
------------------------------------------------------------------------
............................
------------------------------------------------------------------------
13. Rule Concerning Energy and Water Use Labeling for Consumer Products
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: sec. 321 and 325 of the Energy Independence and
Security Act of 2007 (EISA)
CFR Citation: 16 CFR 305.
Legal Deadline: None.
Abstract: On November 9, 2017, the Commission published proposed
rule changes containing scheduled, routine updates to the comparability
ranges, and unit energy cost figures on EnergyGuide labels for
dishwashers, furnaces, room air conditioners, and pool heaters. The
Commission also proposed to set a compliance date for EnergyGuide
labels on room air conditioner boxes. The comment period closed on
December 4, 2017. On February 22, 2018, the Commission published final
rule amendments that update ranges of comparability and unit energy
cost figures on EnergyGuide labels for
[[Page 27198]]
dishwashers, furnaces, room air conditioners, and pool heaters. 83 FR
7593 (Feb. 22, 2018). The effective date is May 23, 2018. The
Commission also set a compliance date of October 1, 2019, for
EnergyGuide labels on room air conditioner boxes and made several minor
clarifications and corrections to the rule.
On October 30, 2019, the Commission issued a final rule that made
nonsubstantive amendments to improve the rule's usability. 84 FR 58026
(Oct. 30, 2019). The amendments organized the rule's product
descriptions to make it easier for stakeholders to identify relevant
covered products, particularly for categories (such as lighting) that
contain several different product types and exemptions. Next, the
amendments divided the rule's primary labeling provision into several
sections to make it easier to identify the labeling requirements for
specific products. Finally, the changes removed obsolete, unneeded
references to products manufactured and sold decades ago. The final
rule was effective on November 29, 2019.
On April 10, 2020, the Commission issued a notice seeking comments
on proposed amendments that would establish EnergyGuide labels for
portable air conditioners. 85 FR 20218 (April 10, 2020). The proposed
amendments also sought comment on changes to energy efficiency
descriptors for central air conditioners to conform to upcoming DOE
changes. The comment period will close on June 9, 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
ANPRM............................ 07/17/08 73 FR 40988
Public Meeting................... 09/15/08 .....................
ANPRM Comment Period End......... 09/29/08 .....................
ANPRM (Consumer Electronics)..... 03/16/09 74 FR 11045
ANPRM (Consumer Electronics) 05/14/09 .....................
Comment Period End.
NPRM (Light Bulbs)............... 11/10/09 74 FR 57950
NPRM Comment Period End (Light 12/28/09 .....................
Bulbs).
NPRM (TVs and Other Consumer 03/11/10 75 FR 11483
Electronics).
Public Meeting (TVs and Other 04/16/10 .....................
Consumer Electronics).
NPRM (TVs and Other Consumer 05/14/10 .....................
Electronics) Comment Period End.
Final Rule (Light Bulbs)......... 07/19/10 75 FR 41696
Technical Correction to Final 08/16/10 75 FR 49818
Rule (Light Bulbs).
Comment Period End (Light Bulb: 09/20/10 .....................
Other Issues).
NPRM (Light Bulbs)............... 12/29/10 75 FR 81943
Final Rule (TVs)................. 01/06/11 76 FR 1038
Final Rule (Light Bulb).......... 04/12/11 76 FR 20233
NPRM (Light Bulb II)............. 08/01/11 76 FR 45715
ANPRM (Regional Efficiency 11/28/11 76 FR 72872
Standards).
Public Meeting (Regional 12/16/11 .....................
Efficiency Standards).
ANPRM Comment Period End 01/10/12 .....................
(Regional Efficiency Standards).
NPRM (Systematic Review)......... 03/15/12 77 FR 15298
NPRM (Regional Efficiency 06/06/12 77 FR 33337
Standards).
NPRM (Comparability Ranges)...... 01/09/13 78 FR 1779
Final Rule (Systematic Review)... 01/10/13 78 FR 2200
Final Rule (Regional Efficiency 02/06/13 78 FR 8362
Standards).
Final Rule (Comparability Ranges) 07/23/13 78 FR 43974
NPRM (Televisions)............... 12/26/13 78 FR 78305
NPRM (Televisions) Comment Period 02/14/14 .....................
End.
Final Rule (Televisions)......... 04/09/14 79 FR 19464
Supplemental NPRM (Systematic 06/18/14 79 FR 34642
Review).
Supplemental NPRM (Systematic 08/18/14 .....................
Review) Comment Period End.
Final Rule (Regional Efficiency 12/29/14 79 FR 77868
Standards).
ANPRM (Refrigeration Products)... 12/31/14 79 FR 78736
Final Action Effective (Regional 04/06/15 .....................
Efficiency Standards).
Final Rule (Systematic Review)... 11/02/15 80 FR 67285
NPRM (Access to Labels).......... 11/02/15 80 FR 67351
NPRM Comment Period End.......... 01/01/16 .....................
Final Rule (Comparability Ranges) 02/11/16 81 FR 7201
Final Rule (Comparability Ranges) 05/11/16 .....................
Effective Date.
NPRM (Fans, Water Heaters, 09/12/16 81 FR 62681
Plumbing).
Final Rule (Access to Labels).... 09/15/16 81 FR 63634
Final Rule (Access to Labels) 09/17/16 .....................
Effective.
NPRM (Fans, Water Heaters, 11/14/16 .....................
Plumbing) Comment Period End.
Final Rule (Access to Labels); 10/28/16 81 FR 74917
Correction.
Final Rule (Access to Labels) 06/17/17 .....................
Effective.
Final Rule (Fans, Water Heaters, 06/28/17 82 FR 29230
Plumbing).
NPRM (Comparability Ranges)...... 11/09/17 82 FR 52024
NPRM (Comparability Ranges) 12/04/17 .....................
Comment Period End.
Final Rule (Comparability Ranges) 02/22/18 83 FR 7593
Final Rule (Comparability Ranges) 05/23/18 .....................
Effective.
Final Rule (Room Air Conditioner 10/01/19 .....................
Boxes) Effective.
NPRM (Non-substantive 03/14/19 84 FR 9261
Reorganization).
NPRM (Non-substantive 04/15/19 .....................
Reorganization) Comment Period
End.
Final Rule (Non-substantive 10/30/19 84 FR 58026
Reorganization).
Final Rule (Non-substantive 11/29/19 .....................
Reorganization) Effective.
NPRM (Air Conditioners).......... 04/10/20 85 FR 20218
[[Page 27199]]
NPRM (Air Conditioners) Comment 06/09/20 .....................
Period End.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: None.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/10/ftc-publishes-amendments-improve-usability-energy-labeling-rule.
Agency Contact: Hampton Newsome, Attorney, Federal Trade
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW,
CC-9528, Washington, DC 20580, Phone: 202 326-2889, Email:
[email protected].
Related RIN: Related to 3084-AB11.
RIN: 3084-AB15
14. Care Labeling of Textile Apparel and Certain Piece Goods as Amended
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 41 et seq.
CFR Citation: 16 CFR 423.
Legal Deadline: None.
Abstract: As part of the systematic review of all Commission rules,
on July 13, 2011, the Commission initiated its periodic review of the
Care Labeling Rule (or the Rule on Care Labeling of Textile Apparel and
Certain Piece Goods as Amended) by publishing a notice seeking public
comments on the effectiveness and impact of the rule. 76 FR 41148 (July
13, 2011). The comment period closed on September 6, 2011, and staff
reviewed the comments.
On September 11, 2012, the Commission announced a Notice of
Proposed Rulemaking (NPRM). Based on a review of comments, the
Commission concluded that the rule continues to benefit consumers, and
would be retained. The NPRM sought comments on potential updates to the
rule, including changes that would: Allow manufacturers and importers,
if they so choose, to include professional instructions for wet-
cleaning--an environmentally friendly alternative to dry cleaning--on
labels if garments can be professionally wet cleaned; permit
manufacturers to use updated American Society for Testing and Materials
or International Organization for Standardization symbols on labels in
lieu of written terms providing care instructions; clarify what
constitutes a reasonable basis for care instructions; and update and
expand the definition of ``dry clean'' to reflect current practices and
account for the advent of new solvents. The comment period closed on
November 16, 2012.
On July 24, 2013, the Commission announced that it would host a
public roundtable on October 1, 2013, to analyze proposed changes to
the rule. 78 FR 45901 (July 30, 2013). On March 28, 2014, the
Commission hosted a public roundtable in Washington, DC, that analyzed
proposed changes to the rule. Staff anticipates the Commission will
issue a Supplemental NPRM by June 2020.
The Care Labeling Rule makes it an unfair or deceptive act or
practice for manufacturers and importers of textile wearing apparel and
certain piece goods to sell these items without attaching care labels
stating ``what regular care is needed for the ordinary use of the
product.'' The rule also requires that the manufacturer or importer
possess, prior to sale, a reasonable basis for the care instructions,
and allows the use of approved care symbols in lieu of words to
disclose care instructions.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
ANPRM............................ 07/13/11 76 FR 41148
ANPRM Comment Period Closed...... 09/06/11 .....................
NPRM............................. 09/20/12 77 FR 58338
NPRM Comment Period Closed....... 11/16/12 .....................
Commission Roundtable............ 03/28/14 .....................
NPRM and Roundtable Comment 04/11/14 .....................
Period End.
Supplemental NPRM................ 06/00/20 .....................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
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].
Related RIN: Previously reported as 3084-AA54.
RIN: 3084-AB28
15. Standards for Safeguarding Customer Information
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: The Gramm-Leach-Bliley Act as codified at 15
U.S.C. 6801(b), 6805(b)(2)
CFR Citation: 16 CFR 314.
Legal Deadline: None.
Abstract: The Safeguards Rule, as directed by the Gramm-Leach-
Bliley (GLB) Act, requires each financial institution subject to the
FTC's jurisdiction to develop a written information security program to
keep customer information secure that is appropriate to its size and
complexity, the nature and scope of its activities, and the sensitivity
of the customer information at issue. Companies covered by the rule are
also responsible for taking steps to ensure that their service
providers safeguard customer information in their care. The Commission
believes that the rule strikes an appropriate balance between allowing
financial institutions flexibility and establishing standards for
safeguarding customer information that are consistent with GLB's
requirements.
As part of its ongoing systematic review of all rules and guides,
on September 7, 2016, the Commission requested public comments on,
among other things, the economic impact and benefits of the 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. 81 FR 61632 (Sept. 7, 2016). The
comment period closed on November 7, 2016. On March 5, 2019, the
Commission announced a notice of proposed rulemaking. 84 FR 13158
[[Page 27200]]
(April 4, 2019). The public comment period as extended closed on August
2, 2019. 84 FR 24049 (May 24, 2019). Staff is reviewing approximately
50 comments that were submitted. On March 6, 2020, the Commission
announced that a public workshop relating to the April 4, 2019 NPRM
would be held on May 13, 2020. 85 FR 13082 (Mar. 6, 2020). However, due
to the COVID-19 pandemic, the workshop will be postponed until July 13,
2020.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
Rule Review, Request for Public 09/07/16 81 FR 61632
Comment.
Comment Period End............... 11/07/16 .....................
NPRM............................. 04/04/19 84 FR 13158
NPRM Comment Period Extended..... 05/24/19 84 FR 24049
NPRM Extended Comment Period End. 08/02/19 .....................
Public Workshop Announcement..... 03/06/20 85 FR 13082
Public Workshop Rescheduled 04/21/20 .....................
(Press Release).
Public Workshop.................. 07/00/20 .....................
Public Workshop Comment Period 08/12/20 .....................
End.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/05/ftc-extends-comment-deadline-proposed-changes-safeguards-rule.
Agency Contact: David Lincicum, Federal Trade Commission, 600
Pennsylvania Avenue NW, CC-8232, Washington, DC 20580, Phone: 202 326-
2773, Email: [email protected].
Related RIN: Previously reported as 3084-AA87.
RIN: 3084-AB35
16. Contact Lens Rule
Priority: Substantive, Nonsignificant.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 7601 to 7610
CFR Citation: 16 CFR 315.
Legal Deadline: None.
Abstract: The FTC promulgated the Contact Lens Rule pursuant to the
Fairness to Contact Lens Consumers Act (FCLCA), 15 U.S.C. 7601 to 7610,
which was enacted to enable consumers to purchase contact lenses from
the seller of their choice. The Rule became effective on August 2,
2004. As mandated by the FCLCA, the Rule requires contact lens
prescribers to provide prescriptions to their patients on the
completion of a contact lens fitting, and verify contact lens
prescriptions to contact lens sellers authorized by consumers to seek
such verification. Sellers may provide contact lenses only in
accordance with a valid prescription that is directly presented to the
seller or verified with the prescriber.
As part of its ongoing systematic review of all FTC rules and
guides, on September 3, 2015, the Commission requested public comments
on, among other things, the economic impact and benefits of the 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. The comment period closed on
October 26, 2015. After Commission staff completed review of the 660
comments received from consumers, eye care professionals, industry
members, trade associations, and consumer advocacy groups, the
Commission published a Notice of Proposed Rulemaking (NPRM) on December
7, 2016, seeking comment on its proposal to amend the Rule to require
contact lens prescribers to obtain a signed acknowledgement after
releasing a contact lens prescription to a patient and to maintain it
for at least 3 years. In addition, to conform language of the Rule to
the language of the FCLCA, the Commission proposed to amend section
315.5(e) of the Rule to remove the words ``private label.'' The
Commission also sought comment on this proposal. The comment period
closed on January 30, 2017, and staff reviewed more than 4,000 comments
that were received.
On December 8, 2017, the Commission announced that it would hold a
public workshop relating to the NPRM and other issues relating to
competition in the marketplace and consumer access to contact lens. 82
FR 57889 (Dec. 8, 2017). The workshop was held on March 7, 2018, and
the deadline for submitting comments on the issues discussed at the
workshop was April 6, 2018. Staff reviewed the more than 3,000 comments
received and submitted a recommendation to the Commission in April
2019. On May 28, 2019, the Commission issued a Supplemental Notice of
Proposed Rulemaking (SNPRM), which was subsequently published in the
Federal Register. 84 FR 24664 (May 28, 2019). As detailed in the SNPRM,
after a contact lens fitting, prescribers would have to satisfy a new
Confirmation of Prescription Release requirement in one of several
ways-requesting that the patient acknowledge receipt of the contact
lens prescription by signing a separate confirmation statement;
requesting that the patient sign a prescriber-retained copy of the
prescription that contains a statement confirming the patient received
it; requesting that the patient sign a prescriber-retained copy of the
sales receipt for the examination that contains a statement confirming
the patient received the prescription; or providing the patient with a
digital copy of the prescription and retaining evidence that it was
sent, received, or made accessible, downloadable, and printable. The
prescriber would have to maintain evidence that they satisfied the
Confirmation of Prescription Release requirement for at least 3 years.
The Commission believes the newly developed modification will achieve
the goals of its original proposal, while imposing less of a burden on
prescribers.
The Commission also sought comment on newly recommended Rule
modifications affecting prescribers in several other ways: First, by
adding to the Rule a definition of the term ``provide to the patient a
copy,'' the Commission proposes to allow prescribers to provide
patients with a digital copy of their prescription instead of a paper
copy, with the patient's consent; Second, the Commission recommends
requiring prescribers to provide an additional copy of a patient's
prescription to a designated agent of the patient within 40 business
hours of receipt of the request.
Further, to address concerns about incomplete or incomprehensible
automated telephone verification
[[Page 27201]]
messages, the Commission proposed several new requirements for sellers
who use such messages to communicate with prescribers, to include
requiring that the information be delivered in a slow and deliberate
manner and at a reasonably understandable volume and that prescribers
be able to repeat the message. The purpose of these proposals is to
enable prescribers to fulfill their roles as protectors of patients'
eye health by ensuring they can comprehend sellers' verification
requests.
Finally, the Commission proposed modifications designed to reduce
illegal prescription alterations by sellers in violation of the Rule.
The Rule already prohibits prescription alteration, but some sellers
appear to use passive verification to switch consumers from their
prescribed lens to another lens brand. The Commission therefore
proposes to amend the prohibition on seller alteration of prescriptions
by specifying that alteration includes a seller providing the
prescriber with a verification request with the name of a manufacturer
or brand other than that specified by the patient's prescriber, unless
such name is specifically provided by the patient.
The Commission also proposed to amend the Rule to require that
sellers provide a mechanism that would allow patients to present their
prescriptions directly to the seller. These changes are meant to ensure
that consumers receive the lenses prescribed for them, consistent with
the intent of the FCLCA and the Rule. The public comment period closed
on July 29, 2019. Staff submitted a recommendation to the Commission
during early spring 2020 and anticipates Commission action by May 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
Rule Review, Request for Public 09/03/15 80 FR 53272
Comments.
Rule Review Comment Period Closed 10/26/15 .....................
NPRM............................. 12/07/16 81 FR 88526
NPRM Comment Period Closed....... 01/30/17 .....................
Announcement of Public Workshop.. 12/08/17 82 FR 57889
Public Workshop.................. 03/07/18 .....................
Public Workshop Comment Period 04/06/18 .....................
End.
Recommendation to Commission..... 04/08/19 .....................
Supplemental NPRM................ 05/28/19 84 FR 24664
Supplemental NPRM Comment Period 07/29/19 .....................
End.
Recommendation to Commission..... 03/31/20 .....................
Commission Action................ 05/00/20 .....................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses, Organizations.
Government Levels Affected: None.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/05/ftc-seeks-additional-public-comment-proposed-changes-contact-lens.
Agency Contact: Alysa Bernstein, Attorney, Federal Trade
Commission, 600 Pennsylvania Avenue NW, CC-10528, Washington, DC 20580,
Phone: 202 326-3289, Email: [email protected].
Related RIN: Previously reported as 3084-AA95.
RIN: 3084-AB36
17. Privacy of Consumer Financial Information
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 6801 et seq.
CFR Citation: 16 CFR 313.
Legal Deadline: None.
Abstract: The Privacy of Consumer Financial Information Rule
(Privacy Rule or Rule), 16 CFR part 313, requires among other things
that certain motor vehicle dealers provide an annual disclosure of
their privacy policies to their customers by hand delivery, mail,
electronic delivery, or, with the consent of the consumer, through a
website.
On June 24, 2015, the Commission proposed amending the Rule to
allow motor vehicle dealers instead to notify their customers that a
privacy policy is available on their websites, under certain
circumstances. 80 FR 36267 (June 24, 2015). The proposed amendment
would also revise the scope and definitions in the Rule in light of the
transfer of part of the Commission's rulemaking authority to the
Consumer Financial Protection Bureau in the Dodd-Frank Wall Street
Reform and Consumer Protection Act. In particular, the proposed
amendment would clarify that the Commission's Privacy Rule applies only
to certain motor vehicle dealers, and not to a broader range of
financial institutions as it had prior to the enactment of the Dodd-
Frank Wall Street Reform and Consumer Protection Act. The comment
period closed on August 31, 2015. Congress subsequently enacted the
Fixing America's Surface Transportation (FAST) Act, which included a
provision amending the Gramm-Leach-Bliley Act to create a new exception
to the annual notice requirement. On March 5, 2019, the Commission
announced a notice of proposed rulemaking. The comment period closed on
June 3, 2019. Staff anticipates sending a recommendation to the
Commission by September 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
NPRM............................. 06/24/15 80 FR 36267
NPRM Comment Period End.......... 08/31/15 .....................
Supplemental NPRM................ 04/04/19 84 FR 13151
Supplemental NPRM Comment Period 06/03/19 .....................
End.
Recommendation to Commission..... 09/00/20 .....................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
URL For More Information: https://www.ftc.gov/news-events/press-
releases/
[[Page 27202]]
2019/03/ftc-seeks-comment-proposed-amendments-safeguards-privacy-rules.
Agency Contact: David Lincicum, Federal Trade Commission, 600
Pennsylvania Avenue NW, CC-8232, Washington, DC 20580, Phone: 202 326-
2773, Email: [email protected].
Related RIN: Previously reported as 3084-AA97.
RIN: 3084-AB42
18. Premerger Notification Rules and Report Form
Priority: Substantive, Nonsignificant.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 18(a), 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 7(A) of the Clayton Act. Section 7(A)
requires firms of a certain size contemplating mergers, acquisitions,
or other transactions 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 the Antitrust Division, 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
transaction may, if consummated, violate antitrust laws. These rules
are continually reviewed in order to improve the program's
effectiveness and reduce the paperwork burden on the business
community.
Pursuant to the 2000 Amendments to section 7(A) of the Clayton Act,
codified at 15 U.S.C. 18(a), the filing thresholds are revised annually
based on the change in gross national product. The threshold reporting
figure of the size-of-the-transaction test under section
7(A)(a)(2)(B)(I) is now $94 million, which was effective February 27,
2020. 85 FR 4984 (Jan. 28, 2020).
On October 31, 2019, the Commission issued a Notice of Proposed
Rulemaking that proposed clarifying the definition of foreign issuer in
the HSR Rules. 84 FR 58348 (Oct. 31, 2019). The current definition for
U.S. and foreign persons and issuers focuses on three tests, one of
which relates to the location of ``principal offices.'' But the term
``principal offices'' is not defined in the rules; this rulemaking
would provide a definition. The deadline for providing public comments
closed on December 30, 2019. Staff is currently drafting a
recommendation to submit to the Commission by June 2020.
By the end of June 2020, the Commission plans to initiate periodic
review of the HSR Rules as part of the Commission's systematic review
of all current Commission rules and guides. The Commission plans to
seek comments on, among other things, the economic impact and benefits
of these Rules; possible conflict between the Rules and State, local,
or other Federal laws or regulations; and the effect on the Rules of
any technological, economic, or other industry changes.
Timetable:
------------------------------------------------------------------------
Action Date FR cite
------------------------------------------------------------------------
Final Rule (HSR Form Update)..... 07/12/17 82 FR 32123
Final Rule (HSR Form Instructions 07/16/18 83 FR 32768
Update).
Final Rule (HSR Form Instructions 08/15/18 .....................
Update) Effective.
Final Rule (HSR Form Instructions 06/27/19 84 FR 30595
Update).
Recommendation to Commission 08/15/19 .....................
(Foreign Issuer).
Final Rule (HSR Form Instructions 09/25/19 .....................
Update) Effective.
NPRM (Foreign Issuer)............ 10/31/19 84 FR 58348
NPRM (Foreign Issuer) Comment 12/30/19 .....................
Period End.
Recommendation to Commission 06/00/20 .....................
(Foreign Issuer).
Rule Review; Request for Comments 06/00/20 .....................
NPRM (De Minimis and Aggregation) 06/00/20 .....................
NPRM (Reporting and Waiting 06/00/20 .....................
Period Requirements).
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/11/ftc-doj-approve-procedural-amendments-hsr-rules-foreign-entities.
Agency Contact: Robert L. Jones, Assistant Director, Premerger
Notification Office, Bureau of Competition, Federal Trade Commission,
600 Pennsylvania Ave. NW, Washington, DC 20580, Phone: 202 326-2740,
Email: [email protected].
Related RIN: Related to 3084-AB32, Related to 3084-AA91, Related to
3084-AA23.
RIN: 3084-AB46
19. Rules and Regulations Under the Textile Fiber
Identification Act
Priority: Substantive, Nonsignificant. Major status under 5 U.S.C.
801 is undetermined.
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 70
CFR Citation: 15 CFR 303.
Legal Deadline: None.
Abstract: On February 18, 2020, the Commission issued a Notice of
Proposed Rulemaking to amend the Textile Rules (officially the Rules
and Regulations under the Textile Fiber Products Identification Act) to
incorporate the most recent ISO 2076 standard for generic fiber names.
85 FR 8781 (Feb. 18, 2020). The proposed amendment should reduce
compliance costs and increase flexibility for firms providing textile
fiber information to consumers. The comment period closed on March 19,
2020.
The Textile Fiber Products Identification Act requires articles of
wearing apparel and other covered household textile articles to be
marked with: (1) The generic names and percentages by weight of the
constituent fibers present in the textile fiber product; (2) the name
under which the manufacturer or another responsible U.S. company does
business, or in lieu thereof, the registered identification number (RN)
of such a company; and (3) the name of the country where the textile
product was processed or manufactured.
Timetable:
[[Page 27203]]
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Action Date FR cite
------------------------------------------------------------------------
NPRM............................. 02/18/20 85 FR 8781
NPRM Public Comment Period End... 03/19/20 .....................
Staff Review and Analysis of 05/00/20 .....................
Public Comments.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: None.
URL For More Information: https://www.ftc.gov/policy/federal-register-notices/16-cfr-part-303-rules-regulations-under-textile-fiber-products-1.
Agency Contact: Jock K. Chung, Attorney, Federal Trade Commission,
600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580, Phone: 202
326-2984, Email: [email protected].
Related RIN: Previously reported as 3084-AB47.
RIN: 3084-AB61
[FR Doc. 2020-08932 Filed 5-6-20; 8:45 am]
BILLING CODE P
