[Unified Agenda of Federal Regulatory and Deregulatory Actions] [Federal Trade Commission Semiannual Regulatory Agenda] [From the U.S. Government Printing Office, www.gpo.gov] ----------------------------------------------------------------------- Part LV Federal Trade Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 23668]]FEDERAL TRADE COMMISSION (FTC) _______________________________________________________________________ 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 of 1996, title II of Public Law 104-121, 110 Stat. 847. The Commission's agenda follows guidelines and procedures issued January 6, 2006, by the Office of Management and Budget in accordance with the provisions of Executive Order No. 12866 ``Regulatory Planning and Review'' of September 30, 1993, 58 FR 51735 (Oct. 4, 1993), as amended by Executive Order No. 13258 of February 26, 2002, 67 FR 9385 (Feb. 28, 2002). 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 include: (1) the Smokeless Tobacco Rules, 16 CFR part 307; (2) the Pay-Per-Call Rule, 16 CFR part 308; (3) the Telemarketing Sales Rule, 16 CFR part 310; (4) Test Procedures and Labeling Standards for Recycled Oil, 16 CFR part 311; (5) Children's Online Privacy Protection Rule, 16 CFR part 312; (6) Privacy of Consumer Financial Information, 16 CFR part 313; (7) Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) Rules, 16 CFR part 316; (8) Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets Rule, 16 CFR part 410; (9) the Franchise and Business Opportunities Rule, 16 CFR part 436; (10) the Business Opportunity Rule, to be codified at 16 CFR part 437; (11) the Funeral Rule, 16 CFR part 453; (12) the Used Motor Vehicle Trade Regulation Rule, 16 CFR part 455; (13) certain rules adopted pursuant to the Fair and Accurate Credit Transactions Act of 2003 (FACTA), 16 CFR parts 602, 603, 604, 610, 611, 613, 614, 682, and 698; and (14) rulemakings pursuant to the Energy Policy Act of 2005. In addition, the Agency has responded to the optional information question that corresponds to Executive Order 13132, ``Federalism,'' of August 4, 1999, 64 FR 43255 (Aug. 10, 1999), which does not apply to independent regulatory agencies. The Commission believes to the extent that any of the rules in this agenda may have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government'' within the meaning of E.O. 13132, it has consulted with the affected entities. The Commission continues to work closely with the States and other governmental units in its rulemaking process, which explicitly considers the effect of the Agency's rules on these governmental entities. Additionally, the Commission's submission references the Web site www.regulations.gov in the rule abstracts 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 Government's legal newspaper. Some of the rulemakings listed on the following 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, contact the contact person listed for each particular proceeding. Comments or inquiries of a general nature about the agenda should be directed to Sandra M. Vidas, Attorney, telephone: (202) 326-2456; e-mail: [email protected]; or G. Richard Gold, Attorney, telephone: (202) 326-3355; e-mail: [email protected], Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. By direction of the Commission. Donald S. Clark, Secretary. Federal Trade Commission--Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3926 Regulatory Review..................................................................... 3084-AA47 3927 Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986.... 3084-AA48 3928 Trade Regulation Rule on Funeral Industry Practices................................... 3084-AA82 3929 Fair and Accurate Credit Transactions Act of 2003..................................... 3084-AA94 3930 Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving 3084-AB01 Sets Rule............................................................................. 3931 Used Motor Vehicle Trade Regulation Rule.............................................. 3084-AB05 3932 Test Procedures and Labeling Standards for Recycled Oil............................... 3084-AB06 ---------------------------------------------------------------------------------------------------------------- [[Page 23669]] Federal Trade Commission--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3933 Trade Regulation Rule on Franchising and Business Opportunity Ventures................ 3084-AA63 3934 Premerger Notification Rules and Report Form.......................................... 3084-AA91 3935 Rules Implementing the CAN-SPAM Act of 2003........................................... 3084-AA96 3936 Telemarketing Sales Rule.............................................................. 3084-AA98 3937 The Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA)............ 3084-AA99 3938 Rulemakings Pursuant to Energy Policy Act of 2005..................................... 3084-AB03 3939 Business Opportunity Rule............................................................. 3084-AB04 ---------------------------------------------------------------------------------------------------------------- Federal Trade Commission--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3940 Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act 3084-AA78 of 1992............................................................................... 3941 Privacy of Consumer Financial Information............................................. 3084-AA97 ---------------------------------------------------------------------------------------------------------------- Federal Trade Commission--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3942 Children's Online Privacy Protection Rule............................................. 3084-AB00 ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Federal Trade Commission (FTC) Prerule Stage _______________________________________________________________________ 3926. REGULATORY REVIEW Priority: Other Significant Legal Authority: 15 USC 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. The Commission will continue to consider ways to streamline and improve the review program. 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. 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. On December 29, 2005, the Commission published a notice announcing the two rules and one guide it plans to review in 2006 and modifying the 10-year schedule for its regulatory review program (70 FR 77077). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Notice of Rules and Guides To Review in 2000 01/19/00 65 FR 2912 Notice of Rules and Guides To Review in 2002 03/04/02 67 FR 9630 Notice of Rules and Guides To Review in 2003 01/17/03 68 FR 2465 Notice of Rules and Guides To Review in 2004 01/27/04 69 FR 3867 Notice of Rules and Guides To Review in 2005 01/12/05 70 FR 2074 Notice of Rules and Guides to Review in 2006 12/29/05 70 FR 77077 Notice of Rules and Guides to Review in 2007 01/00/07 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Carol J. Jennings, Staff Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3010 Email: [email protected] RIN: 3084-AA47 _______________________________________________________________________ 3927. REGULATIONS UNDER THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION ACT OF 1986 Priority: Substantive, Nonsignificant Legal Authority: 15 USC 4401 CFR Citation: 16 CFR 307 Legal Deadline: None Abstract: The Comprehensive Smokeless Tobacco Health Education Act of 1986 requires health warnings on all packages and advertisements for smokeless tobacco. The Act directs the Commission to issue implementing rules governing the format and display [[Page 23670]] of the warnings. On November 4, 1986, the Commission issued its rules setting out the provisions for the size, color, typeface, and rotation of the statutory warnings at 51 FR 40005. In FY 2000, the Commission undertook a periodic review of the rules. The purpose of the review was to determine whether the rules continue to effectively meet the goals of the Act and to seek information concerning the rules, particularly their economic impact, in order to decide whether they should be amended. Staff plans to forward its recommendations to the Commission by the end of 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM (Regulatory Review) 03/07/00 65 FR 11944 Comment Period End (Regulatory Review) 04/24/00 Comment Period Extended (Regulatory Review) 05/08/00 65 FR 26534 Extended Comment Period End (Regulatory Review) 07/21/00 Reopening and Extension of Comment Period 10/13/00 65 FR 60899 Extended Comment Period End 10/16/00 Recommendation to Commission (Regulatory Review) 10/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Rosemary Rosso, Attorney, Federal Trade Commission, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-2174 Email: [email protected] RIN: 3084-AA48 _______________________________________________________________________ 3928. TRADE REGULATION RULE ON FUNERAL INDUSTRY PRACTICES Priority: Substantive, Nonsignificant Legal Authority: 15 USC 45; 15 USC 46(g); 15 USC 57(a) CFR Citation: 16 CFR 453 Legal Deadline: None Abstract: The Funeral Industry Practices Rule (Funeral Rule or 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 to 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. In its 1994 review of the rule, the Commission decided to retain the rule, amended it to prohibit funeral providers from charging a ``casket handling fee'' in addition to any non-declinable basic-services fee, and deleted certain affirmative telephone disclosure requirements. The Commission responded to requests to address emerging issues in the funeral industry by beginning a review of the rule in 1998 rather than in 1999 as originally planned under its 10-year schedule for reviewing all Commission rules and guides. The Commission published a notice soliciting public comment in May 1999. Commission staff conducted a public workshop conference on November 18, 1999, to discuss and explore openly issues raised in written comments. Staff is evaluating the comments and anticipates forwarding a recommendation to the Commission by late summer 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Initial Notice Requesting Public Comment 05/05/99 64 FR 24250 Extension of Comment Period 07/02/99 64 FR 35965 Close of Comment Period (Extended) 08/11/99 Public Workshop 11/18/99 64 FR 56717 Recommendation to Commission 08/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Catherine Harrington-McBride, Attorney, Federal Trade Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone: 202 326-2452 Email: [email protected] RIN: 3084-AA82 _______________________________________________________________________ 3929. FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 Priority: Substantive, Nonsignificant Legal Authority: PL 108-159, 117 Stat 1952 CFR Citation: 16 CFR 602; 16 CFR 603; 16 CFR 604; 16 CFR 610; 16 CFR 611; 16 CFR 613; 16 CFR 614; 16 CFR 682; 16 CFR 698; . . . Legal Deadline: Final, Statutory, December 31, 2003, Effective Date for FACTA Provisions Affecting FCRA and State Laws. Final, Statutory, February 11, 2004, Rules Specifying Effective Dates of FACTA Provisions Where Statute Does Not Specify Dates. Final, Statutory, March 3, 2004, Rules Prohibiting Consumer Reporting Agencies From Circumventing FACTA Provisions. Final, Statutory, June 3, 2004, Rules Concerning Free Consumer Credit Reports. Final, Statutory, September 4, 2004, Rules Allowing Consumers To Opt Out of Marketing by Affiliates. Abstract: The Fair and Accurate Credit Transactions Act of 2003 (the FACT Act or FACTA or the Act) was enacted on December 4, 2003. The Act requires that the Commission undertake a number of rulemakings and studies. EFFECTIVE DATES -- The FACT Act required that the FTC, together with the Governors of the Federal Reserve System (the Federal Reserve), jointly adopt the effective dates of portions of the statute where the effective dates are not prescribed within 2 months of enactment of the Act. On December 24, 2003, the Federal Reserve and the FTC jointly adopted Interim Final Rules that established December 31, 2003, as the effective date for provisions of the Act that determine the relationship between the Fair Credit Reporting Act and State laws and provisions that authorize rulemakings or other implementing actions by agencies (68 FR 74467). On December 24, 2003, the Federal Reserve and FTC also issued a notice of proposed rulemaking (NPRM) requesting comments and specifying the effective dates for the other provisions of the FACT Act for which the statute does not specify an effective date (68 FR 74529). On February 11, 2004, the Commission and the Federal Reserve published joint final rules that established a schedule of effective dates [[Page 23671]] for many of the provisions of the FACT Act for which the Act itself did not specifically provide an effective date. The Agencies also made final what had previously been interim; namely, establishing December 31, 2003, as the effective date for provisions of the Act that determine the relationship between the Fair Credit Reporting Act and State laws and provisions that authorize rulemakings or other implementing actions by agencies (69 FR 6526). CREDIT REPORTS AND RELATED ISSUES The FACT Act requires that the Commission adopt rules concerning credit reports and credit scores and related issues. Most of the proceedings are to be conducted jointly with the banking agencies, including the National Credit Union Administration (NCUA). The rulemaking mandates are detailed below. Circumvention -- With respect to Credit Reports, the Act requires that the Commission issue rules by March 3, 2004, on preventing corporate and technological circumvention of the obligations imposed on nationwide consumer reporting agencies. On February 24, 2004, the FTC published an interim final rule prohibiting consumer reporting agencies from avoiding treatment as nationwide consumer reporting agencies and requested comments on this measure (69 FR 8532). The interim final rule became effective on March 3, 2004, and the comment period closed on April 23, 2004. Staff has reviewed the comments and is considering what additional action is appropriate. Free Credit Reports -- The FACT Act required that the Commission issue rules concerning: (1) A centralized source for free consumer reports by nationwide consumer reporting agencies and nationwide specialty consumer reporting agencies; (2) the provision of free credit reports by nationwide consumer reporting agencies and nationwide specialty consumer reporting agencies; and (3) a streamlined process for consumers to obtain free credit reports from specialized bureaus. On March 19, 2004, the Commission requested comments on a proposed rule that would establish a centralized source, a standardized form, and a streamlined process through which consumers may request a free annual file disclosure from each nationwide specialty consumer reporting agency (69 FR 13192). On June 24, 2004, the Commission published a final rule effective on December 1, 2004, for the provision of free reports to consumers, including (1) a central source whereby consumers can make one request and receive their consumer report from each of the three major nationwide consumer reporting agencies and (2) rules with respect to the provision of free consumer reports by ``nationwide specialty consumer reporting agencies,'' as defined in new FCRA section 603(w) (69 FR 35468). Information Sharing Between Affiliates -- The Commission, along with the banking agencies, the NCUA, and the Securities and Exchange Commission (SEC), is required to issue rules to implement the Act's provisions allowing consumers to opt out of marketing by affiliates. The Commission issued an NPRM on June 15, 2004 (69 FR 33324). The extended comment period closed on August 16, 2004. The agencies are now assessing the comments. Enhancement of Opt Out Notice (Prescreen Rule) - The Commission, in consultation with the banking agencies and the NCUA, was also required to issue rules concerning the enhancement of notices to consumers about their right to opt out of prescreened solicitations. FACTA calls for these notices to be presented in a format and in a type, size, and manner that is simple and easy to understand. The Commission published an NPRM on October 1, 2004 (69 FR 58861), and subsequently published the final rule on January 31, 2005 (70 FR 5022). The prescreen rule was effective on August 1, 2005. Disposal of Credit Report Information -- By December 4, 2004, the Commission was required, in coordination with the banking agencies, NCUA, and the SEC, to issue rules concerning the proper disposal of credit report information and records. On April 20, 2004, the Commission published an NPRM and Request for Comments (69 FR 21388). The Commission and the other agencies published a Final Disposal Rule on November 24, 2004 (69 FR 68690). The Disposal Rule was effective on June 1, 2005. Credit Bureau Charge for Credit Scores -- The Commission is authorized to determine a fair and reasonable fee that consumer reporting agencies may charge for disclosure of credit scores. On November 8, 2004, the Commission issued an ANPRM seeking comments on rules effecting fair and reasonable fees for credit scores (69 FR 64698). The comment period closed on January 5, 2005, and the staff has reviewed comments and is considering what action is appropriate. Furnisher Rules -- The Commission is required, in coordination with the banking agencies and NCUA, to issue guidelines and rules concerning the accuracy of information furnished to consumer reporting agencies, and rules relating to the ability of consumers to dispute information directly with furnishers of information. The Commission and the other agencies issued an ANPRM for public comment on March 22, 2006 (71 FR 14419). The comment period will close on May 22, 2006. Other Required and Discretionary Actions on Credit Reports and Related Issues -- With respect to credit reports and related issues, the Act requires the Commission jointly with the Federal Reserve to issue rules addressing the form, content, time, manner, definitions, exceptions, and model of the risk-based pricing notice. The agencies hope to publish a risk- based pricing proposal for public comment during 2006. Finally, the Commission may issue rules regarding the compilation and submission to nationwide consumer reporting agencies of all complaints of inaccurate or incomplete files and the treatment of medical information in credit reporting agency files. IDENTITY THEFT The FACT Act requires that the Commission adopt rules concerning identity theft and related issues. Some of the proceedings are to be conducted jointly (or in consultation) with the banking agencies, including the NCUA. The rulemaking mandates are detailed below. Summary of Rights - [[Page 23672]] The Act requires the Commission to promulgate a summary of consumers' identity theft rights and to mount a public education campaign regarding consumers' new identity theft rights. The Commission issued the proposed summary of consumers' identity theft rights on July 16, 2004 (69 FR 42616). The Commission issued the final model summary on November 30, 2004 (69 FR 69776). Definitions - FACTA requires the Commission to define certain terms that are relevant to consumers' new identity theft rights (``Identity Theft Definitions Rule'') and to promulgate in a rule the length of time for active duty/ military alerts. On April 28, 2004, the Commission published an NPRM proposing rules that would establish definitions for ``identity theft'' and ``identity theft report''; the duration of an ``active duty alert''; and the ``appropriate proof of identity'' for purposes of sections 605A (fraud alerts and active duty alerts), 605B (consumer report information blocks), and 609(a)(1) (truncation of Social Security numbers) of the FCRA, as amended by the FACT Act (69 FR 23370). The Commission published an Identity Theft Definitions Rule on November 3, 2004 (69 FR 63922). Model Forms and Procedures - FACTA also requires the Commission in consultation with the Federal banking agencies and NCUA to develop a model form and procedures to be used by identity theft victims for contacting and informing creditors and consumer reporting agencies of the fraud. On April 27, 2005, the Commission issued notice of its publication of guidance containing such model forms and procedures (70 FR 21792). This guidance, ``Take Charge: Fighting Back Against Identity Theft,'' is available at www.consumer.gov/idtheft or by writing to FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue NW, Washington, DC 20580. Red Flags - The Commission is also required to jointly promulgate with banking regulators identity theft ``red flag'' guidelines and rules to implement these guidelines (the ``ID theft red flag rule'') and an address change rule (the ``address change rule``). The ID theft red flag rule would, among other things, require card issuers to investigate requests for card changes. The address change rule would require credit report users to investigate when the address on a credit report differs from the address on a credit application. The agencies expect to publish proposed rules during 2006. MISCELLANEOUS - On May 20, 2004, the Commission issued a final rule effective on June 21, 2004, making technical changes to earlier rules, establishing a general organizational scheme for subchapter F of chapter I of title 16 of the Code of Federal Regulations, and setting forth general provisions applicable to all FTC rules under the FCRA (69 FR 29061). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Joint Interim Final Rules (Effective Date FACT Act Provisions) 12/24/03 68 FR 74467 NPRM (Effective Date FACT Act Provisions) 12/24/03 68 FR 74529 Joint Final Rules (Effective Date FACT Act Provisions) 02/11/04 69 FR 6526 Interim Final Rule/Request for Comments (Prohibition Against Circumvention) 02/24/04 69 FR 8532 NPRM/Request for Comments (Free Annual Credit File Disclosures) 03/19/04 69 FR 13192 Final Rule (Free Annual Credit File Disclosures) 06/24/04 69 FR 35468 NPRM - Request for Comments (Information Sharing Between Affiliates) 06/15/04 69 FR 33324 Comment Period Extended (NPRM on Information Sharing Between Affiliates) 07/21/04 69 FR 43546 NPRM (Prescreen Opt Out Disclosure) 10/28/04 69 FR 58861 Final Rule (Prescreen Opt Out Disclosure) 01/31/05 70 FR 5022 NPRM - Request for Comments (Disposal of Consumer Report Information) 04/20/04 69 FR 21388 Final Rule (Disposal of Consumer Report Information) 11/24/04 69 FR 68690 Effective Date for Disposal Rule05/01/05 ANPRM (Credit Score Fees) 11/08/04 69 FR 64698 Comment Period Ended (Credit Score Fees) 01/05/05 Proposed Summaries and Notices (Model Disclosures for Identity Theft Rights) 07/16/04 69 FR 42616 Final Action (Model Disclosures for Identity Theft Rights) 11/30/04 69 FR 69776 Effective Date (Model Disclosures for Identity Theft Rights) 01/31/05 Notice of Publication (Guidance for Identity Theft Victims) 04/27/05 70 FR 21792 NPRM (Identity Theft Definitions Rule) 04/28/04 69 FR 23370 Final Rule (Identity Theft Definitions Rule) 11/03/04 69 FR 63922 Effective Date (Identity Theft Definitions Rule) 12/01/04 Final Rule (Miscellaneous Technical Amendments) 05/20/04 69 FR 29061 ANPRM (Furnisher Accuracy and Dispute Rules) 03/22/06 71 FR 14419 ANPRM Comment Period End 05/22/06 NPRM (Identity Theft ``Red Flags'' and ``Address Change'' Rules) 05/00/06 NPRM (Risk Based Pricing Rule) 12/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Clarke W. Brinckerhoff, Attorney, Federal Trade Commission, Division of Credit Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3208 Email: [email protected] RIN: 3084-AA94 [[Page 23673]] _______________________________________________________________________ 3930. DECEPTIVE ADVERTISING AS TO SIZES OF VIEWABLE PICTURES SHOWN BY TELEVISION RECEIVING SETS RULE Priority: Substantive, Nonsignificant Legal Authority: 15 USC 41 to 58 CFR Citation: 16 CFR 410 Legal Deadline: None Abstract: This rule, also known as the Picture Tube Rule, became effective in 1967. The rule sets forth appropriate methods for measuring television screens when that measure is included in any advertisement or promotional material for the television set. If the measurement of the screen size is based on a measurement other than the horizontal dimension of the actual viewable picture area, the method of measurement must be clearly and conspicuously disclosed in close proximity to the size designation. On April 7, 2005, the Commission requested comments on the rule, as part of the Commission's systematic review of all current Commission rules and guides. The Commission sought 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 (70 FR 17623). The comment period ended June 6, 2005, and staff plans to forward its recommendation to the Commission by Spring 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Comments 04/07/05 70 FR 17623 Comment Period End 06/06/05 Staff Recommendation to Commission 04/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Carol J. Jennings, Staff Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3010 Email: [email protected] RIN: 3084-AB01 _______________________________________________________________________ 3931. USED MOTOR VEHICLE TRADE REGULATION RULE Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 2309 CFR Citation: 16 CFR 455 Legal Deadline: None Abstract: Effective in 1985 and last reviewed in 1995, the Used Motor Vehicle Trade Regulation Rule (or ``Used Car Rule'') sets out the general duties of a used vehicle dealer and provides for a label on the window of the car describing the condition of the car and whether it is warrantied by the used vehicle dealer. The Used Car Rule also prohibits the used vehicle dealer from making statements contrary to those on the label. Staff plans to forward a recommendation to the Commission regarding the review during mid-2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Recommendation to Commission (ANPRM) 06/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: John Hallerud, Attorney, Federal Trade Commission, 55 E. Monroe Street, Suite 1860, Chicago, IL 60603-5713 Phone: 312 960-5615 Email: [email protected] RIN: 3084-AB05 _______________________________________________________________________ 3932. TEST PROCEDURES AND LABELING STANDARDS FOR RECYCLED OIL Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6363(d) CFR Citation: 16 CFR 311 Legal Deadline: None Abstract: Issued in 1995, and amended in 2004, this Rule governs labeling of containers for recycled or ``re-refined'' oil intended for use as engine oil. The rule, which implemented statutory requirements designed to encourage the use of recycled oil, permits manufacturers and other sellers to represent on a recycled engine-oil container label that the oil is substantially equivalent to new engine oil, as long as the determination of equivalency is based on National Institute of Standards and Technology test procedures prescribed by the rule. Staff plans to send a recommendation regarding the review to the Commission during 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Recommendation to Commission (ANPRM) 09/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Janice Podoll Frankle, Attorney, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580 Phone: 202 326-3022 Email: [email protected] RIN: 3084-AB06 _______________________________________________________________________ Federal Trade Commission (FTC) Proposed Rule Stage _______________________________________________________________________ 3933. TRADE REGULATION RULE ON FRANCHISING AND BUSINESS OPPORTUNITY VENTURES Priority: Substantive, Nonsignificant Legal Authority: 15 USC 41 to 58 CFR Citation: 16 CFR 436 Legal Deadline: None Abstract: The Federal Trade Commission's Trade Regulation Rule on Franchising and Business Opportunity Ventures (Franchise Rule) became effective on October 21, 1979. The rule is designed to reduce deceptive and unfair practices in the sale of franchises and business opportunities by requiring the pre-sale disclosure of material information about the franchise. For [[Page 23674]] example, the rule requires franchisors to disclose their business background and litigation history, as well as the number of failed and terminated franchise units. The rule also requires the disclosure of material terms of the franchise relationship, such as recurring fees and termination and renewal rights. The rule further requires the franchisor to provide an audited financial statement for the most recent 3 fiscal years. Finally, the rule requires any franchisor who makes earnings representations to provide the prospective franchisee with an earnings claims document that substantiates those claims. On February 28, 1997, the Commission published an advance notice of proposed rulemaking (ANPRM) contemplating amendments that would address new technologies and market practices and, at the same time, reduce unnecessary regulatory burdens. The Commission specifically requested comments on whether to revise the rule to more closely align Federal and State disclosure requirements governing franchise sales and to address changes in the marketing of franchises, such as the sale of franchises internationally and through the Internet. Six public workshops were held in five cities during 1997 to promote discussions about the issues, allow the public to make statements on the record, and assist Commission staff in drafting a proposed amended rule. On October 22, 1999, the Commission published a notice of proposed rulemaking (NPRM) with a text of the revised rule. Comments were accepted until December 21, 1999, and rebuttal comments were accepted until January 31, 2000. Commission staff issued a report on August 25, 2004. The staff report sets forth the staff's recommendations to the Commission on various proposed amendments to the Franchise Rule. The Commission made the report available and published a request for comments on September 2, 2004 (69 FR 53661). The Commission did not review or approve the staff report prior to its issuance. The comment period ended on November 11, 2004. Staff anticipates forwarding its recommendations to the Commission during 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 02/28/97 62 FR 9115 ANPRM Comment Period End 12/31/97 62 FR 28822 Recommendation to Commission 03/26/99 NPRM 10/22/99 64 FR 57294 NPRM Comment Period End 12/21/99 NPRM Rebuttal Comment Period End01/31/00 Staff Report Released 08/25/04 Request for Comments on the Staff Report 09/02/04 69 FR 53661 Comment Period End 11/12/04 Staff Recommendation to the Commission 06/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: State Agency Contact: Steven Toporoff, Attorney, Federal Trade Commission, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3135 Email: [email protected] RIN: 3084-AA63 _______________________________________________________________________ 3934. PREMERGER NOTIFICATION RULES AND REPORT FORM Priority: Substantive, Nonsignificant Legal Authority: 15 USC 18a 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 7A of the Clayton Act. Section 7A requires firms of a certain size contemplating mergers or acquisitions 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 Antitrust, 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 acquisition may, if consummated, violate the antitrust laws. These rules are continually reviewed in order to improve the program's effectiveness and to reduce the paperwork burden on the business community. On April 8, 2004, the Commission issued a notice of proposed rulemaking (NPRM) to reconcile, as far as practical, the current disparate treatment of corporations, partnerships, limited liability companies and other types of noncorporate entities under the rules (69 FR 18686). On February 22, 2005, the Commission issued its final rule, which was effective on April 7, 2005 (70 FR 11502; Mar. 8, 2005). Among other things, the amendments address acquisitions of interests in unincorporated entities; formations of unincorporated entities; and the application of certain exemptions, including the intraperson exemption. On August 15, 2005, the Commission published an NPRM that would amend 16 CFR part 803 to allow filing parties to provide Internet links to certain documents in lieu of paper copies (70 FR 47733). The comment period closed on October 14, 2005. On December 12, 2005, a final rule was published (70 FR 73369). It became effective on January 11, 2006. The rule change also addressed the issue of ``stale filings,'' in which parties make Premerger Notification filings but fail within the ensuing eighteen months to comply with a Request for Additional Information and Documentary Material. Under the new rule, such filings expire eighteen months after they are received by the agencies. On December 30, 2005, the Commission issued another final rule, effective upon publication, requiring filers to use 2002 NAICS codes and to use 2002 revenue data for base year reporting (replacing the 1997 codes and revenue information) (70 FR 77312). This rule provides for a 30-day grace period during which filers may use 1997 or 2002 information, provided all parties to the transaction use the same year and same codes. Beginning January 30, 2006, all filers must use 2002 data and codes. Finally, staff anticipates forwarding to the Commission by April 2006 a recommendation and rules package that will allow HSR filings to be made electronically. With that timing, electronic filing should be an option for filers by late summer 2006. [[Page 23675]] Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM (Rule Change) 02/01/01 66 FR 8723 Interim Rule I (Statutory Changes) 02/01/01 66 FR 8680 Interim Rule II (Rules of Practice) 02/01/01 66 FR 8720 Interim Final Rule With Request for Comments (Change From SIC to NAICS) 05/09/01 66 FR 23561 Effective Date (Change from SIC to NAICS) 07/01/01 Final Rule Part 802.21 03/18/02 67 FR 11904 Final Rules Parts 801 and 802 03/18/02 67 FR 11898 Final Rules Parts 801 and 803 01/17/03 68 FR 2425 NPRM (Noncorporate Entities) 04/08/04 69 FR 18686 Final Rule (Noncorporate Entities) 03/08/05 70 FR 11502 Effective Date (Final Rule on Noncorporate Entities) 04/07/05 NPRM (Internet Links and ``Stale'' Filings) 08/15/05 70 FR 47733 NPRM (Internet Links and ``Stale'' Filings) Comment Period End 10/14/05 Final Rule (Internet Links and ``Stale'' Filings) 12/12/05 70 FR 73369 Recommendation to Commission (Electronic Filings) 08/00/06 Regulatory Flexibility Analysis Required: No Government Levels Affected: None URL For Public Comments: www.regulations.gov Agency Contact: Marian Bruno, Assistant Director, Federal Trade Commission, Washington, DC 20580 Phone: 202 326-2846 Email: [email protected] Related RIN: Previously reported as 3084-AA23 RIN: 3084-AA91 _______________________________________________________________________ 3935. RULES IMPLEMENTING THE CAN-SPAM ACT OF 2003 Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 7701 to 7713; 18 USC 1037 CFR Citation: 16 CFR 316 Legal Deadline: Final, Statutory, April 14, 2004, Marks for sexually explicit e-mail. Final, Statutory, December 16, 2004, Final rule defining criteria to determine ``primary purpose'' of an e-mail. Abstract: The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act or the Act) Public Law No. 108- 187, 15 U.S.C. 7701 to 7703, 18 U.S.C. 1307, was enacted on December 16, 2003. The Act required that the Commission issue regulations: (1) Prescribing marks for e-mail messages containing sexually oriented material within 120 days of enactment, on April 14, 2004, and (2) defining the relevant criteria to facilitate the determination of the ``primary purpose'' of an electronic message within 12 months of enactment or by December 16, 2004. On April 13, 2004, the Commission announced its final rule prescribing a mark to be included in commercial e-mail that contains sexually oriented materials (Final Rule) (69 FR 21024; Apr. 19, 2004); (NPRM) (69 FR 4263; Jan. 29, 2004). The final rule on labels went into effect on May 19, 2004. On March 11, 2004, the Commission published an advance notice of proposed rulemaking (ANPRM) and requested comments on how to determine an electronic mail message's primary purpose, including comment on criteria that would facilitate this determination in the mandatory portion of the rulemaking pursuant to the Act (69 FR 11776). The Commission announced the final rule regarding an electronic mail message's primary purpose on December 16, 2004 (Final Rule) (70 FR 3110; Jan. 19, 2005); (NPRM) (69 FR 50091; Aug. 13, 2004). The rule became effective on March 28, 2005. The CAN-SPAM Act also provided the Commission with discretionary rulemaking authority in several other areas identified below. After issuing an ANPRM (69 FR 11776; Mar. 11, 2004), the Commission published an NPRM on May 12, 2005, that proposed rule provisions on five topics: (1) Defining the term ``person,'' a term used repeatedly throughout the Act but not defined there; (2) modifying the definition of ``sender'' to make it easier to determine which of multiple parties advertising in a single e-mail message will be responsible for complying with the Act's ``opt-out'' requirements; (3) clarifying that Post Office boxes and private mailboxes established pursuant to United States Postal Service regulations constitute ``valid physical postal addresses'' within the meaning of the Act; (4) shortening from 10 days to 3 the time a sender may take before honoring a recipient's opt-out request; and (5) clarifying that to submit a valid opt-out request, a recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page (70 FR 25426). The comment period closed on June 27, 2005, and staff is currently reviewing and analyzing the comments received in response to the NPRM in order to formulate a final recommendation to the Commission by June 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM - Labels 01/29/04 69 FR 4263 Final Rule on CAN-SPAM Labels 04/19/04 69 FR 21024 Final Rule Effective (Labels) 05/19/04 ANPRM Request for Comment on Primary Purpose and Discretionary Rules 03/11/04 69 FR 11776 Extension of Comment Period (Primary Purpose and Discretionary Rules) 04/09/04 69 FR 18851 ANPRM Comment Period End (Primary Purpose and Discretionary Rules) 04/20/04 NPRM (Primary Purpose) 08/13/04 69 FR 50091 Final Rule (Primary Purpose) 01/19/05 70 FR 3110 NPRM (Discretionary Rules) 05/12/05 70 FR 25426 Recommendation to Commission (Discretionary Rules) 06/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None URL For More Information: www.regulations.gov/agcy--federaltradecommission.cfm URL For Public Comments: www.regulations.gov/agncy--federaltradecommission.cfm Agency Contact: Sana Chriss, Attorney, Federal Trade Commission, [[Page 23676]] 600 Pennsylvania Avenue, NW, Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-2249 Email: [email protected] Michael Davis, Attorney, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-2458 Email: [email protected] RIN: 3084-AA96 _______________________________________________________________________ 3936. TELEMARKETING SALES RULE Priority: Substantive, Nonsignificant Legal Authority: 15 USC 6101 to 6108 CFR Citation: 16 CFR 310 Legal Deadline: None Abstract: This rulemaking is related to RIN 3084-AA86. In 1995, the Commission issued the Telemarketing Sales Rule (TSR), 16 CFR part 310, under the Telemarketing and Consumer Fraud and Abuse Prevention Act (TSR Act), 15 U.S.C. 6101 to 6108. The TSR requires telemarketers to disclose information; prohibits misrepresentations; limits the times telemarketers may call consumers; prohibits calls to consumers who ask not to be called again; and sets payment restrictions for the sale of certain goods and services. In the fall 2003 Agenda, the Commission reported that it had completed its review of the TSR as required by the TSR Act. Among other changes, the amended TSR established the National Do-Not-Call Registry, enabling consumers to register their preference not to receive telemarketing calls (68 FR 4580; Jan. 29, 2003). To date, consumers have registered over 100 million telephone numbers on the Registry, which accepts home land line and personal cell phone numbers at http://www.donotcall.gov or 1-888-382-1222. On July 31, 2003, the Commission published a Final Rule further amending the TSR by establishing the fees that would be charged to entities engaged in telemarketing that access the National Do-Not-Call Registry (68 FR 45134). The Consolidated Appropriations Act of 2004, Public Law No. 188-199, 188 Stat. 3, Division B, title V (Appropriations Act), required that the Federal Trade Commission amend the TSR within 60 days of enactment to require telemarketers subject to the TSR to obtain from the FTC the list of telephone numbers on the National Do-Not-Call Registry once a month. After notice and comment, the Federal Trade Commission amended the TSR on March 23, 2004, requiring that telemarketers subject to the Rule access the National Do-Not-Call Registry and purge numbers on the registry from their call lists every month, instead of every quarter as the Rule originally required, and also allowing a consumer to assert a valid ``do-not-call'' complaint 30 days after entering his or her number rather than waiting 3 months as originally required (69 FR 16368; Mar. 29, 2004)(Final Rule); (69 FR 7330; Feb. 13, 2004)(NPRM). In the Appropriations Act, Congress also authorized the Commission to collect fees of $23.1 million in fiscal year 2004 to implement and enforce the amended TSR. On July 30, 2004, the Commission published a final rule revising the fees charged for industry access to the National Do-Not-Call Registry (69 FR 45580) (Final Rule); (69 FR 23701; Apr. 30, 2004) (NPRM). On April 22, 2005, the Commission published a new NPRM to revise the fees charged the industry for access to the National Do-Not-Call Registry (70 FR 20848). The comment period ended on June 1, 2005, and the Commission thereafter announced a revised fee schedule that became effective on September 1, 2005 (70 FR 43273; July 27, 2005). The Commission's final rule revised the fee structure so that entities are required to pay $56 per area code (formerly $40), or $15,400 for any entity accessing 280 area codes or more (formerly $11,000). Entities will still be able to obtain the first five area codes of data at no cost, and ``exempt'' entities may still access the Registry for free. During May 2006, staff anticipates that the Commission will publish a new NPRM to revise the fees charged the industry for access to the National Do-Not-Call Registry. In response to a series of requests for advisory opinions, the Commission also published an NPRM on November 17, 2004, proposing to permit prerecorded message telemarketing when there is an established business relationship between the caller and a consumer as long as a consumer has the opportunity to make a do not call request at the outset of the message. At the same time and in response to a request for reconsideration on the FTC's calculation of the percentage of abandoned calls for each day, the NPRM also requested comments and factual information supporting a requested switch from the current policy of measuring the 3 percent abandoned call ratio from a per day calculation to an average of calls abandoned over a 30-day period. The NPRM also stated that, pending completion of the rulemaking, the FTC would not enforce the TSR's current call abandonment provisions against callers who engage in prerecorded message telemarketing when there is an established business relationship provided that callers comply with the proposed requirements. The comment period closed on January 10, 2005, and staff anticipates forwarding its recommendation to the Commission by June 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM - Monthly Access Requirement 02/13/04 69 FR 7330 Final Rule Announced 03/23/04 Final Rule (31-Day Access Requirement) 03/29/04 69 FR 16368 Final Action Effective (31-Day Access Requirement) 01/01/05 Amended Fees NPRM 04/30/04 69 FR 23701 Final Rule (Revised Fee Schedule) 07/30/04 69 FR 45580 Effective Date of New Fee Schedule 09/01/04 NPRM (Fee Changes) 04/22/05 70 FR 20848 NPRM Comment Period End (Fee Changes) 06/01/05 Final Rule (Fee Changes) 07/27/05 70 FR 43273 Effectve Date of New Fee Schedule 09/01/05 NPRM on Call Abandonment and Prerecorded Messages 11/17/04 69 FR 67287 NPRM Comment Period End (Call Abandonment) 01/10/05 NPRM (Fee Changes) 05/00/06 Recommendation to Commission (Call Abandonment) 06/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None [[Page 23677]] URL For More Information: www.ftc.gov/opa/2004/11/tsramend.htm Agency Contact: David Robbins, Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone: 202 326-3747 Email: [email protected] Related RIN: Related to 3084-AA86 RIN: 3084-AA98 _______________________________________________________________________ 3937. THE FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991 (FDICIA) Priority: Substantive, Nonsignificant Legal Authority: 12 USC 1811 et seq CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking is related to RIN 3084-AA44, which was withdrawn in 2000. The FDICIA assigns to the FTC responsibilities for certain non-federally insured depository institutions (DIs). The FTC is required to prescribe by regulation or order the manner and content of certain disclosures required of DIs that lack Federal deposit insurance. The Departments of Commerce, Justice, State, and Related Agencies Appropriations Act of 1993, containing the Commission's appropriation for 1993, provided that none of the funds were available for expenses authorized by section 151 of FDICIA. Legislation containing the Commission's appropriation for fiscal years 1994 to 2003 contained the same provision. However, the Consolidated Appropriations Act of 2004 and 2005 did not include the provision prohibiting the FTC from spending funds on the tasks imposed by section 151 of FDICIA. The Commission published a notice of proposed rulemaking (NPRM) requesting public comments on proposed disclosure requirements to implement section 151 on March 16, 2005 (70 FR 12823). The comment period ended on June 15, 2005. Staff anticipates forwarding its recommendation to the Commission by summer 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/16/05 70 FR 12823 NPRM Comment Period End 06/15/05 Staff Recommendation to Commission 05/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Hampton Newsome, Attorney, Federal Trade Commission, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-2889 Email: [email protected] Patricia Bak, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone: 202 326-2842 Email: [email protected] Related RIN: Related to 3084-AA44 RIN: 3084-AA99 _______________________________________________________________________ 3938. RULEMAKINGS PURSUANT TO ENERGY POLICY ACT OF 2005 Priority: Substantive, Nonsignificant Legal Authority: PL 109-58, 119 Stat 594 CFR Citation: Not Yet Determined Legal Deadline: NPRM, Statutory, November 8, 2005, Appliance Labeling Effectiveness. Final, Statutory, February 8, 2007, Ceiling Fan Labeling. Final, Statutory, August 8, 2007, Appliance Labeling Effectiveness. Abstract: Section 137 of the Energy Policy Act of 2005 requires the Commission to consider ``the effectiveness of the consumer products labeling program in assisting consumers in making purchasing decisions and in improving energy efficiency.'' As part of this effort, the Act directs the Commission to consider ``changes to the labeling rules (including categorical labeling) that would improve the effectiveness of consumer product labels.'' The Act gave the Commission 90 days to initiate the rulemaking and two years to complete it. On November 2, 2005, the Commission published an Advance Notice of Proposed Rulemaking seeking comments about the effectiveness of the FTC's energy labeling regulations for consumer products, generally referred to as the Appliance Labeling Rule (16 CFR part 305). Staff anticipates sending a recommendation to the Commission by September 2006. Section 137(a) of the Act also mandates that, within 18 months of enactment, the Commission issue by rule labeling requirements for the electricity used by ceiling fans to circulate air in a room. Staff anticipates sending a recommendation to the Commission by June 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM (Appliance Labeling Effectiveness) 11/02/05 70 FR 66307 NPRM (Ceiling Fan Labeling) 06/00/06 Staff Recommendation to Commission (Appliance Labeling Effectiveness) 09/00/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Hampton Newsome, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone: 202 326-2889 Email: [email protected] RIN: 3084-AB03 _______________________________________________________________________ 3939. BUSINESS OPPORTUNITY RULE Priority: Substantive, Nonsignificant Legal Authority: 15 USC 41 to 58 CFR Citation: 16 CFR 437 Legal Deadline: None Abstract: From the review of the current Franchise Rule (RIN 3084- AA63), staff recommended that the rule be split into two parts: One part addressing franchise issues and the second addressing business opportunity issues. On April 6, 2006, the Commission announced publication of a Notice of Proposed Rulemaking seeking comment on this proposed Business Opportunity Rule. The proposed rule addresses fraud in the offer and sale of business opportunity ventures by requiring business opportunity sellers to furnish specific pre-sale disclosures to prospective [[Page 23678]] purchasers, as well as prohibiting specific conduct that the rulemaking record and the Commission's law enforcement experience show are prevalent problems. The comment period will close on June 16, 2006. A subsequent rebuttal comment period will close on July 7, 2006. Staff anticipates publishing its report in December 2007. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/12/06 71 FR 19054 NPRM Comment Period End 06/16/06 Rebuttal Comment Period End 07/07/06 Staff Report 12/00/07 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: State Agency Contact: Steven Toporoff, Attorney, Federal Trade Commission, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3135 Email: [email protected] Related RIN: Split from 3084-AA63 RIN: 3084-AB04 _______________________________________________________________________ Federal Trade Commission (FTC) Long-Term Actions _______________________________________________________________________ 3940. TRADE REGULATION RULE PURSUANT TO THE TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION ACT OF 1992 Priority: Substantive, Nonsignificant CFR Citation: 16 CFR 308 Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Comments 03/12/97 62 FR 11750 Comment Period End 05/12/97 Public Workshop 06/19/97 Public Workshop 06/20/97 NPRM 10/30/98 63 FR 58524 Comment Period Extended 01/04/99 64 FR 61 Comment Period End 01/08/99 Public Workshop- Conference 02/25/99 Extended Comment Period End 03/10/99 Public Workshop 05/20/99 Public Workshop 05/21/99 Recommendation to Commission 04/00/07 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Elizabeth Hone Phone: 202 326-3207 Email: [email protected] RIN: 3084-AA78 _______________________________________________________________________ 3941. PRIVACY OF CONSUMER FINANCIAL INFORMATION Priority: Substantive, Nonsignificant CFR Citation: 16 CFR 313 Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Public Workshop 12/04/01 ANPRM 12/30/03 68 FR 75164 ANPRM Comment Period End 03/29/04 Next Action Undetermined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Loretta Garrison Phone: 202 326-3043 Email: [email protected] Related RIN: Related to 3084-AA85, Related to 3064-AC77, Related to 1550-AB86 RIN: 3084-AA97 _______________________________________________________________________ Federal Trade Commission (FTC) Completed Actions _______________________________________________________________________ 3942. CHILDREN'S ONLINE PRIVACY PROTECTION RULE Priority: Substantive, Nonsignificant Legal Authority: 15 USC 6501 et seq CFR Citation: 16 CFR 312 Legal Deadline: None Abstract: The Children's Online Privacy Protection Act (COPPA) was enacted on October 21, 1998. COPPA required the Commission to issue rules that prohibit unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children under the age of 13 on the Internet. The Commission issued rules, effective April 21, 2000, that required commercial websites, and online service providers (operators), 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. On January 12, 2005, the Commission announced it was seeking comment on a proposal to make permanent a temporary provision in the rule allowing operators of websites and online services that collect personal information from children only for internal use to obtain verifiable parental consent via e-mail plus an additional step to verify that the person consenting is the child's parent. The comment period closed on February 14, 2005. The Commission issued a final rule (70 FR 21104; Apr. 22, 2005), effective April 21, 2005, extending the temporary e-mail verification provision indefinitely in order to examine it in the context of the Commission's rule review described below. As required by the statute, the Commission initiated a rulemaking review proceeding not later than 5 years after the effective date of the regulation to evaluate the implementation of this rule--including the effect on practices relating to the collection and disclosure of information relating to children, children's ability [[Page 23679]] to obtain access to information of their choice online, and the availability of web sites directed to children--and then report to Congress on the results of this review. This review proceeding was being conducted as part of the Commission's ongoing Regulatory Review of each regulation every 10 years. The Commission issued a Federal Register notice requesting comments about the rule on April 22, 2005 (70 FR 21107). The comment period ended on June 27, 2005. Staff forwarded its recommendation regarding the rule review proceeding to the Commission during early 2006. On March 8, 2006, the Commission announced that it was retaining COPPA without changes (71 FR 13247; Mar. 15, 2006). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/14/05 70 FR 2580 NPRM Comment Period End 02/14/05 Final Rule (E-Mail Verification)04/22/05 70 FR 21104 Final Rule Effective (E-Mail Verification) 04/21/05 Request for Comments (Rule Review) 04/22/05 70 FR 21107 Recommendation to Commission (Rule Review) 01/31/06 Final Rule 03/15/06 71 FR 13247 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None URL For More Information: http://www.regulations.gov/agcy--federaltradecommission.cfm URL For Public Comments: http://www.regulations.gov/agcy--federaltradecommission.cfm Agency Contact: Karen Muoio, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone: 202 326-2491 Email: [email protected] Related RIN: Related to 3084-AA84 RIN: 3084-AB00 [FR Doc. 06-2050 Filed 04-21-06; 8:45 am] BILLING CODE 6750-01-S