[June 28, 2004 (Volume 69, Number 123)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua040456.wais] [Page 38598-38609] Federal Trade Commission ----------------------------------------------------------------------- Part LVI ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 38598]] 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 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, title II of Pub. L. 104-121, 110 Stat. 847. The Commission's agenda follows guidelines and procedures received April 6, 2004, from the Office of Management and Budget (OMB) in accordance with the provisions of Executive Order No. 12866, ``Regulatory Planning and Review'' of September 30, 1993, as amended. 58 FR 51735 (Oct. 4, 1993). 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 Hobby Protection Rules, 16 CFR part 304; (2) the Smokeless Tobacco Rules, 16 CFR part 307; (3) the Pay-Per-Call Rule, 16 CFR part 308; (4) the Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles, 16 CFR part 309; (5) the Telemarketing Sales Rule, 16 CFR part 310; (6) Privacy of Consumer Financial Information, 16 CFR part 313; (7) the Contact Lens Rule, 16 CFR part 315; (8) the CAN-SPAM Rule, 16 CFR part 316; (9) the Franchise and Business Opportunities Rule, 16 CFR part 436; (10) the Funeral Rule, 16 CFR part 453; (11) the Trade Regulation Rule on Ophthalmic Practice Rules, 16 CFR part 456; (12) the Rule on Labeling and Advertising of Home Insulation, 16 CFR part 460 and; (13) Rules promulgated pursuant to Fair and Accurate Credit Transactions Act, 16 CFR parts 602, 603, 613, 614, and 682. In addition, the agency has responded to the optional information requirement that corresponds to the requirements of Executive Order 13132, ``Federalism'' of August 4, 1999. 64 FR 43255 (Aug. 10, 1999). The Commission believes that none of the rules in this agenda has ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and the responsibilities among the various levels of government'' within the meaning of E.O. 13132. 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. Further, the agency has responded to the optional information requirement that corresponds to the requirements of Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use.'' 66 FR 28355 (May 22, 2001). None of the rules in this agenda meets this E.O.'s criteria requiring preparation of a Statement of Energy Effects. Finally, the Commission's submission also 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 about all of its regulations and guides, including their costs and benefits, and regulatory and economic impact every ten years. 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: svidas@ftc.gov; or G. Richard Gold, Attorney, telephone: (202) 326-3355; e-mail: rgold@ftc.gov, 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 ---------------------------------------------------------------------------------------------------------------- 4131 Regulatory Review..................................................................... 3084-AA47 4132 Regulations Under the Comprehensive Smokeless Tobacco Health Education Act of 1986.... 3084-AA48 4133 Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act 3084-AA78 of 1992............................................................................... 4134 Trade Regulation Rule on Funeral Industry Practices................................... 3084-AA82 4135 Labeling Requirements for Alternative Fuels and Alternative-Fueled Vehicles........... 3084-AA89 4136 Privacy of Consumer Financial Information............................................. 3084-AA97 ---------------------------------------------------------------------------------------------------------------- [[Page 38599]] Federal Trade Commission--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 4137 Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation...... 3084-AA60 4138 Trade Regulation Rule on Franchising and Business Opportunity Ventures................ 3084-AA63 4139 Premerger Notification Rules and Report Form.......................................... 3084-AA91 4140 Fair and Accurate Credit Transactions Act of 2003..................................... 3084-AA94 4141 Contact Lens Rule..................................................................... 3084-AA95 4142 Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) 3084-AA96 Rules................................................................................. 4143 FDICIA................................................................................ 3084-AA99 ---------------------------------------------------------------------------------------------------------------- Federal Trade Commission--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 4144 Telemarketing Sales Rule.............................................................. 3084-AA98 ---------------------------------------------------------------------------------------------------------------- Federal Trade Commission--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 4145 Trade Regulation Rule on Ophthalmic Practice Rules.................................... 3084-AA80 4146 Rules and Regulations Under the Hobby Protection Act.................................. 3084-AA90 ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Federal Trade Commission (FTC) Prerule Stage _______________________________________________________________________ 4131. 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, suchas proposed amendments. Finally, the Commission may modify the rule review timetable as circumstances warrant. On January 27, 2004, the Commission published a revised timetable for its regulatory review program pushing back all reviews by one year because of ongoing review proceedings as well as the addition of at least 27 rulemakings required by new legislation. 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 01/00/05 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Neil Blickman, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3038 Email: nblickman@ftc.gov RIN: 3084-AA47 _______________________________________________________________________ 4132. 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 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. In FY 2000, the Commission [[Page 38600]] 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 this year. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Recommendation to the Commission Regarding ANPRM (Regulatory Review) 01/27/00 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) 10/00/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Rosemary Rosso, Attorney, Federal Trade Commission, Division of Advertising Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-2174 Email: rrosso@ftc.gov RIN: 3084-AA48 _______________________________________________________________________ 4133. TRADE REGULATION RULE PURSUANT TO THE TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION ACT OF 1992 Priority: Substantive, Nonsignificant Legal Authority: 15 USC 5701 et seq; 15 USC 5714(1) CFR Citation: 16 CFR 308 Legal Deadline: None Abstract: Congress enacted the Telephone Disclosure and Dispute Resolution Act of 1992 (TDDRA) to curtail certain unfair and deceptive practices perpetrated by some pay-per-call businesses, and to encourage the growth of the legitimate pay-per-call industry. TDDRA mandated that the FTC promulgate a rule to curb these practices; the Pay-Per-Call or 900-Number Rule (Rule) became effective on November 1, 1993. TDDRA granted the Commission limited jurisdiction over common carriers for purposes of the Rule. The Rule requires that advertisements for 900- numbers contain certain disclosures; requires that anyone who calls a 900-number service be given the opportunity to hang up at the conclusion of the preamble without incurring any charge for the call; and establishes procedures for resolving billing disputes for 900- number calls and other telephone-billed purchases. The Rule itself required the Commission to initiate a review of the Rule prior to November 1997. As part of this review, the Commission published a notice in the Federal Register on March 12, 1997, requesting comments on, among other things, the economic impact of and the continuing need for the Rule, and the effect on the Rule of any technological or industry changes. The Commission also sought comments, pursuant to authority granted under the Telecommunications Act of 1996, on whether to expand the Rule to govern other similar audio information and entertainment services. Staff held a public workshop on June 19-20, 1997, during which members of the industry discussed issues raised in the comments, including billing and collection issues and possible ways to expand the definition of ``pay-per-call services.'' Many commenters reported that the Rule has been successful in reducing the abuses that led to the passage of TDDRA. Despite the success of the Rule in correcting the abuses in the 900-number industry, complaints about other types of audiotext services (accessed via dialing patterns other than 900 numbers) are being reported. The majority of complaints now involve 800 numbers, international numbers, or other dialing patterns that do not use the 900-number prefix. Many consumer and law enforcement agencies also have been receiving complaints from consumers who have discovered unexplained charges (in some cases, recurring charges) on their telephone bills for services that were never authorized, ordered, received, or used, a practice known as ``cramming.'' On October 30, 1998, the Commission published an NPRM that would expand the definition of ``pay-per-call'' services beyond 900 numbers and that would implement measures to combat telephone bill cramming. The proposed revisions would: (1) require the express authorization of the person to be billed for the purchase of any ``telephone-billed purchases'' that cannot be blocked by 900-number blocking; (2) prohibit vendors from billing consumers for monthly or other recurring charges for pay-per-call services unless the vendor had entered into a ``presubscription agreement`` with the person to be billed and had sent the consumer a written copy of the agreement; and (3) give consumers legal recourse to dispute unauthorized charges crammed on phone bills and have those charges removed. The comment period was extended to March 10, 1999, and a workshop-conference was held on May 20-21, 1999. At the workshop, participants discussed issues raised by the comments, such as the meaning of ''express authorization`` and the requirements for a presubscription agreement. Staff plans to forward a recommendation to the Commission by early 2005. 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 Recommendation to Commission 09/08/98 NPRM 10/30/98 63 FR 58523 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 04/00/05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Elizabeth Hone, Attorney, Federal Trade Commission, Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 [[Page 38601]] Phone: 202 326-3207 Email: ehone@ftc.gov RIN: 3084-AA78 _______________________________________________________________________ 4134. 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 requiresfuneral 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 ten-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 preparing a recommendation to the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Initial Notice Requesting Public Comment 05/05/99 64 FR 24250 Extension of Comment Period 07/07/99 64 FR 35965 Close of Comment Period (Extended) 08/11/99 64 FR 35965 Public Workshop 11/18/99 64 FR 56717 Recommendation to Commission 03/00/05 Commission Action 07/00/05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Carole I. Danielson, Senior Investigator, Federal Trade Commission, Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3115 Email: cdanielson@ftc.gov RIN: 3084-AA82 _______________________________________________________________________ 4135. LABELING REQUIREMENTS FOR ALTERNATIVE FUELS AND ALTERNATIVE-FUELED VEHICLES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 13232(a) CFR Citation: 16 CFR 309 Legal Deadline: None Abstract: The Rule, which became effective on November 20, 1995, requires disclosure of appropriate cost and benefit information to enable consumers to make reasonable purchasing choices and comparisons between nonliquid alternative fuels as well as alternative-fueled vehicles. As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission requested 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. The Commission also requested comments on specific options for modifying the Rule's alternative- fueled vehicle label in light of new Environmental Protection Agency tailpipe emissions standards. No Commission determination on the need for or the substance of the Rule should be inferred from the intent to publish requests for comments. The staff expects to forward its recommendation on a final rule to the Commission shortly and expects Commission action in mid 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Comments 05/08/03 68 FR 24669 Comment Period End 06/23/03 Recommendation to Commission 07/00/04 Commission Action 09/00/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Neil Blickman, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3038 Email: nblickman@ftc.gov Related RIN: Previously reported as 3084-AA57 RIN: 3084-AA89 _______________________________________________________________________ 4136. [bullet][ls-thn-eq] PRIVACY OF CONSUMER FINANCIAL INFORMATION Priority: Substantive, Nonsignificant Legal Authority: 16 USC 6801 et seq CFR Citation: 16 CFR 313 Legal Deadline: None Abstract: This rulemaking is related to RIN 3084-AA85. In 2000, the Commission and banking agencies published rules for the Gramm-Leach- Bliley Act's requirement that financial institutions provide a notice of its privacy policies and practices to its consumer customers. The rules, known collectively as the ``privacy rule,'' do not specify any specific format or standardized wording for these notices. After the financial institutions distributed the first privacy notices, in response to concerns expressed by representatives of financial institutions, consumers, privacy advocates, and Members of Congress, the agencies conducted a workshop in December 2001 to consider how financial institutions could provide more useful privacy notices to consumers. Following on the workshop, the agencies published an Advance Notice of Proposed Rulemaking (ANPRM) and requested comments on a variety of subjects including the goals, elements, language, and mandatory or permissible aspects of privacy notices. 68 FR75164 (Dec. 30, 2003). The notice also requests comments on the costs and [[Page 38602]] benefits of a short notice. The comment period ended on March 29, 2004. Staff is reviewing the comments and continues to work with other agencies to determine the next steps. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 12/30/03 68 FR 75164 Comment Period End 03/29/04 Staff Recommendation to Commission 12/00/04 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/agcy--federaltradecommission.cfm Agency Contact: Toby M Levin, Senior Attorney, Federal Trade Commission, Division of Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave N.W., Washington , DC 20580 Phone: 202 326-3713 Email: tlevin@ftc.gov Lorretta Garrison, Senior Attorney, Federal Trade Commission, Division of Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3043 Email: lgarrison@ftc.gov Related RIN: Related to 3084-AA85, Related to 3064-AC77, Related to 1550-AB86, Related to 3038-AJ06 RIN: 3084-AA97 _______________________________________________________________________ Federal Trade Commission (FTC) Proposed Rule Stage _______________________________________________________________________ 4137. TRADE REGULATION RULE CONCERNING THE LABELING AND ADVERTISING OF HOME INSULATION Priority: Substantive, Nonsignificant Legal Authority: 15 USC 41 et seq CFR Citation: 16 CFR 460 Legal Deadline: None Abstract: The Federal Trade Commission's Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation (Rule) became effective on September 29, 1980. The Rule is designed to assist consumers in evaluating and comparing the thermal performance characteristics of competing home insulation products by specifically requiring manufacturers of home insulation products to provide information about the product's degree of resistance to the flow of heat (R-Value). The Rule also establishes uniform standards for testing, information disclosure, and substantiation of product performance claims. As part of the systematic review of its rules and guides, the Commission requested comments on, among other things, the economic impact of and the continuing need for this Rule, possible conflicts between the Rule and State, local and other Federal laws, and the effect on the Rule of any technological, economic, or other industry changes. In response to the comments received, the Commission issued an advance notice of proposed rulemaking (ANPRM) seeking comment on whether it should initiate a rulemaking proceeding to amend the Rule to recognize technological advances in R-Value testing and specimen preparation procedures, and to clarify and streamline the Rule's requirements. The Commission reviewed the comments received on the ANPRM and issued a notice of proposed rulemaking (NPRM), which proposed a number of amendments to the Rule. The staff expects to forward its recommendation to the Commission by August 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Comments 04/06/95 60 FR 17492 Commission Action/Part I 03/28/96 61 FR 13659 Commission Action/ANPRM 09/01/99 64 FR 48024 ANPRM Comment Period End 11/15/99 Request for Comments (NPRM) 07/15/03 68 FR 41872 NPRM Comment Period End 09/22/03 Recommendation to Commission 08/00/04 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, Washington, DC 20580 Phone: 202 326-2889 Email: hnewsome@ftc.gov RIN: 3084-AA60 _______________________________________________________________________ 4138. 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 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 three 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 [[Page 38603]] 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 theInternet. 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 is now preparing a staff report. 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 57293 NPRM Comment Period End 12/21/99 NPRM Rebuttal Comment Period End01/31/00 Staff Report 08/00/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: State Agency Contact: Steven Toporoff, Attorney, Federal Trade Commission, Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3135 Email: stoporoff@ftc.gov RIN: 3084-AA63 _______________________________________________________________________ 4139. 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 (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 non-corporate entities under the Rules. 69 FR 18686. By the end of 2004, the Commission anticipates amending the HSR rules to allow parties to file the premerger notification and report form electronically via the Internet. 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 Comment Period End (Interim and Proposed Rules) 03/19/01 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 04/08/04 69 FR 18686 NPRM Comment Period End 06/04/04 Recommendation to Commission (E- filing) 12/00/04 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, Premerger Notification Office, Washington, DC 20580 Phone: 202 326-2846 Email: mbruno@ftc.gov Related RIN: Previously reported as 3084-AA23 RIN: 3084-AA91 _______________________________________________________________________ 4140. [bullet][ls-thn-eq] 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; . . . 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 3, 2004, Rules Allowing Consumers to Opt Out of Marketing by Affiliates. The FACT Act requires that the Commission and other agencies complete rulemakings by deadlines set within the statute or by effective dates set by the Federal Reserve Board and the Commission by Federal Register notice. 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 requires that the FTC, together with the banking agencies, jointly adopt the effective dates of [[Page 38604]] portions of the statute where the effective dates are not prescribed within two months of enactment of the Act. On December 24, 2003, the Board of Governors of the Federal Reserve System (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. The comment period for these notices ended on January 12, 2004. On February 11, 2004, the Commission and the Federal Reserve published joint Final Rules that established a schedule of effective dates 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. (Contacts: Katherine Armstrong, Christopher Keller). The FACT Act also requires that the Commission adopt rules concerning: (1) Credit Reports and Credit Scores and related issues to be conducted jointly with the banking agencies, including the National Credit Union Administration. The rulemaking mandates for the next 12 months are detailed below. Additional rule requirements are either mandatory with no specified deadline or discretionary. These will be addressed once the mandatory rulemakings with deadlines are completed. Credit Reports and Reporting Agencies 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 the avoidance of treatment as nationwide consumer reporting agencies and requested comments on this measure. 69 FR 8532. The Interim Final Rule was effective on March 3, 2004, and the comment period closed on April 23, 2004. Staff is reviewing the comments. (Contacts: Helen Foster, Sandra Farrington). Free Credit Reports-- By June 3, 2004, the FACT Act requires that the Commission issue rules concerning (1) a centralized source for free consumer reports by national credit reporting agencies; (2) the provision of free credit reports by nationwide 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 consumer reporting agency. 69 FR 13192. (Contacts: Helen Foster, Sandra Farrington) Information Sharing Between Affiliates -- Three separate rulemakings- (1) FACTA gave the Commission, the bank agencies, and the National Credit Union Administration (NCUA) authority to determine when the existing FCRA exception allowing medical information to be shared among affiliates should apply. FACTA also required the banking agencies and NCUA but not the Commission to make rules by June 3, 2004, regarding when medical information can be obtained or used in connection with a credit decision. (2) By September 3, 2004, with the banking agencies, the NCUA, and the Securities and Exchange Commission (SEC); the Commission is required to issue rules to implement the Act's provisions allowing consumers to opt outof marketing by affiliates. (3) By December 4, 2004, the Commission, in consultation with the banking agencies and the NCUA, is 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 as simple and easy to understand. Disposal of Credit Report Information -- By December 4, 2004, the Commission is 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 a Notice of Proposed Rulemaking and Request for Comments. 69 FR 21387. The comment period ended on June 15, 2004. Staff is reviewing the comments and plans to make its recommendation to the Commission during the summer of 2004. The Commission proposes to make the Disposal Rule effective three months after publication of the final rule. (Contacts: Ellen Finn, Susan McDonald) Other Required and Discretionary Rulemakings on Credit Reports and Information -- (1) Also, with respect to credit reports and related issues, the Commission is required to issue rules effecting fair and reasonable fees for credit scores. (2) The Act requires the Commission jointly with Federal Reserve to issue rules addressing the form, content, time, manner, definitions, exceptions, and model of the risk- based pricing notice. (3) The Commission is required, in coordination with the banking agencies and NCUA, to issue guidelines and rules concerning credit report accuracy and rules relating to the ability of consumers to dispute information directly with furnishers as well as rules regarding reconciling addresses. (4) 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 Act requires that the Commission promulgate a summary of consumers' identity theft rights and to mount a public education campaign regarding consumers' new identity theft rights. FACTA requires the Commission to define certain terms that are relevant to consumers' new identity theft rights and to promulgate the length of time for active duty/military alerts (the ``fraud alerts rule''). On April 28, 2004, the Commission published an NPRM proposing rules that would establish definitions for ``identity theft'' and [[Page 38605]] ``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 23369. The comment period closed on June 15, 2004. The Commission is also required along with the banking agencies and NCUA to promulgate a standard form for consumers to use to place fraud alerts, block fraudulent tradelines or otherwise complain to consumer reporting agencies about identity theft (the ``Complaint Form''); and to jointly promulgate with banking regulators Identity Theft ``red flag'' guidelines and rules to ensure these guidelines (the ``ID theft red flag rule''). The ID theft red flag rule would, among other things, require card issuers to investigate requests for an additional card received after changes of address and would require users of credit reports to investigate when the address on a credit report differs from the address on a credit application. (Contact: Naomi B. Lefkovitz) Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Joint Interim Final Rules (Effective Date FACT Act Provisions) 12/24/03 68 FR 74467 Joint Notice of Proposed Rulemaking (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 Final Rule (Miscellaneous) 05/20/04 69 FR 29061 Interim Final Rule/Request for Comments (Prohibition Against Circumvention) 02/24/04 69 FR 8532 Interim Final Rule Comment Period End (Prohibition Against Circumvention) 04/23/04 Recommendation to Commission (Prohibition Against Circumvention) 06/00/04 NPRM/Request for Comments (Free Annual Credit File Disclosures) 03/19/04 69 FR 13192 NPRM Comment Period End (Free Annual Credit File Disclosures) 04/16/04 Recommendation to Commission (Free Annual File Disclosures) 06/00/04 Final Action (Free Annual Credit File Disclosures) 07/00/04 NPRM- Request for Comments (Information Sharing Between Affiliates) 06/00/04 Final Rule re Opt Out of Marketing (Information Sharing Between Affiliates) 09/00/04 Final Rule re Enhancement of Opt Out Notice (Information Sharing Between Affiliates) 12/00/04 NPRM - Request for Comments (Disposal of Consumer Report Information) 04/20/04 69 FR 21387 NPRM Comment Period End (Disposal of Consumer Report Information) 06/15/04 Final Rule (Disposal of Consumer Report Information) 12/00/04 NPRM - Request for Comments (Identity Theft) 04/28/04 69 FR 23370 NPRM Comment Period End (Identity Theft) 06/15/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Katherine Armstrong, Attorney, Federal Trade Commission, Division of Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3224 Email: karmstrong@ftc.gov Christopher Keller, Attorney, Federal Trade Commission, Division of Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3224 Email: ckeller@ftc.gov Helen Foster, Attorney, Federal Trade Commission, Division of FInancial Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3224 Email: hfoster@ftc.gov Sandra Farrington, Attorney, Federal Trade Commission, Division of Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3224 Email: sfarrington@ftc.gov Ellen Finn, Attorney, Federal Trade Commission, Division of Financial Services, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3224 Email: efinn@ftc.gov Susan McDonald, Attorney, Federal Trade Commission, Division of Financial Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3224 Email: smcdonald@ftc.gov Naomi B. Lefkovitz, Attorney, Federal Trade Commission, Division of Planning and Information, Bureau of Consumer Protection, 600 Pennsylvania Ave N.W., Washington, DC 20580 Phone: 202 326-3058 Email: nlefkovitz@ftc.gov RIN: 3084-AA94 _______________________________________________________________________ 4141. [bullet][ls-thn-eq] CONTACT LENS RULE Priority: Substantive, Nonsignificant Legal Authority: 15 USC 7601 to 7610 CFR Citation: 16 CFR 315 Legal Deadline: Final, Statutory, August 2, 2004, Effective Date of the Rule. The Fairness to Contact Lens Consumers Act requires that the final rule be effective by August 2, 2004. Abstract: On December 6, 2003, The Fairness to Contact Lens Consumers Act (``the Act''), 15 USC 7601-7610 (Pub. L. No. 108-164), was enacted. The Act mandates that prescribers, such as optometrists and ophthalmologists provide contact lens prescriptions to their patients upon the completion of a contact lens fitting. The Act also requires, among other things, that prescribers verify contact lens [[Page 38606]] prescriptions to third-party contact lens sellers who are authorized by consumers to seek such verification and that these third-party vendors sell contact lenses to patients only upon receipt or verification of a prescription. The Act also directs the Commission to prescribe implementing rules. On February 4, 2004, the Commission published a Notice of Proposed Rulemaking (``NPRM'') in the Federal Register seeking comment on its proposed rule to implement the Act. 69 FR 5440. In addition to seeking comment on the proposed rule, the notice makes two clerical amendments to the Commission's Ophthalmic Practice Rules, 16 CFR Part 456, which clarify the distinction between those rules and the proposed Contact Lens Rule. The period for comments closed April 5, 2004. Staff is reviewing the comments and anticipates sending its recommendation to the Commission in June 2004. Also concerning the Commission's Ophthalmic Rules, the Commission completed its regulatory review of those rules and announced its decision to retain those rules unchanged. 69 FR 5450 (Feb. 4, 2004). That notice is discussed more fully in the agenda entry for the Ophthalmic Practice Rules, RIN 3084-AA80. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Comments on NPRM 02/04/04 69 FR 5440 NPRM Comment Period End 04/05/04 Recommendation to Commission 08/00/04 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: contactlensrule@ftc.gov; www.regulations.gov/agcy-- federaltradecommission.cfm Agency Contact: Thomas B. Pahl, Assistant Director, Division of Advertising Practices, Federal Trade Commission, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-2128 Email: tpahl@ftc.gov Kial Young, Federal Trade Commission, Division of Advertising Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3525 Email: kyoung@ftc.gov Related RIN: Related to 3084-AA80 RIN: 3084-AA95 _______________________________________________________________________ 4142. [bullet][ls-thn-eq] CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT (CAN-SPAM) RULES 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. The Act requires that the Commission issue a final rule concerning marks for sexually oriented e-mails within 120 days of enactment, or by April 14, 2004. The Commission announced the rule on April 13, 2004, and it was published in the Federal Register on April 19, 2004. The Act also requires that the commission promulgate rules defining the criteria used to determine the ``primary purpose'' of an e-mail within 12 months of enactment, or by December 16, 2004. Abstract: The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act or the Act) Pub. L. No. 108- 187, 15 USC 7701-7703, 18 USC 1307, was enacted on December 16, 2003. The Act requires that the Commission issue regulations: (1) prescribing marks for e-mail messages containing sexually oriented material within 120 days of enactment, by April 14, 2004; and (2) defining the relevant criteria to facilitate the determination of the ``primary purpose'' of an electronic message by December 16, 2004. The Act also provides the Commission with discretionary rulemaking authority in the four areas identified in the March 11, 2004 ANPRM discussed below. On January 29, 2004, the Commission published a Notice of Proposed Rulemaking (``NPRM'') on the Label for E-mail Messages Containing Sexually Oriented Material. 69 FR 4263. The comment period for the NPRM ended on February 17, 2004. On April 13, 2004, the Commission announced that its Final Rule prescribing a markto be included in commercial e- mail that contains sexually oriented materials. 69 FR 21024 (Apr. 19, 2004). (contact: Jonathan Kraden). 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 notice also requestscomment on four subjects for discretionary rulemaking under the Act including (1) the Act's definition of ``transactional or relationship messages;'' (2) the 10-business-day period for processing opt-out requests; (3) the Act's enumeration of ``aggravated violations;'' and (4) the implementation of the provisions of the CAN-SPAM Act generally. Finally, the notice also seeks information that might assist the staff in the preparation of the four separate reports that the Act requires the Como submitto Congress within the next two years. The comment period for the Do Not Mail Registry closed on March 31, 2004, and the comment period for all other aspects of the ANPRM closed on April 20, 2004. The Commission expects to publish an NPRM by early August 2004. (Contacts: Michael Goodman, Catherine Harrington-McBride) Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM - Labels 01/29/04 69 FR 4263 NPRM - Labels Comment Period End02/17/04 Final Rule on CAN-SPAM Labels 04/19/04 69 FR 21024 ANPRM Request for Comment on Do Not E-Mail Registry 03/11/04 69 FR 11776 ANPRM Comment Period End- Do Not E-Mail Registry 03/31/04 ANPRM Comment Period End- Other Issues 04/20/04 Extension of Comment Period - Other Issues 04/09/04 69 FR 18851 [[Page 38607]] Recommendation to Commission 08/00/04 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: Jonathan Kraden, Attorney, Federal Trade Commission, Division of Marketing Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-3257 Email: jkraden@ftc.gov Michael Goodman, Attorney, Federal Trade Commission, Division of Marketing Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington , DC 20580 Phone: 202 326-3071 Email: mgoodman@ftc.gov Catherine Harrington-McBride, Attorney, Federal Trade Commission, Division of Marketing Practices, Division of Marketing Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-2452 Email: cmcbride@ftc.gov RIN: 3084-AA96 _______________________________________________________________________ 4143. [bullet][ls-thn-eq] 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 Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) assigns to the FTC responsibilities for certain non-federally insured depository institutions (DIs) and private insurers of such 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 2003, did not include the provision prohibiting the FTC from spending funds on the tasks imposed by section 151 of FDICIA. Staff is drafting a Notice of Proposed Rulemaking (NPRM) and plans to forward it to the Commission by fall 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/00/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Patricia Bak, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-2842 Email: pbak@ftc.gov Hampton Newsome, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-2889 Email: hnewsome@ftc.gov Neil Blickman, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3038 Email: nblickman@ftc.gov Related RIN: Related to 3084-AA44 RIN: 3084-AA99 _______________________________________________________________________ Federal Trade Commission (FTC) Final Rule Stage _______________________________________________________________________ 4144. [bullet][ls-thn-eq] TELEMARKETING SALES RULE Priority: Substantive, Nonsignificant Legal Authority: 15 USC 6101 to 6108 CFR Citation: 16 CFR 310 Legal Deadline: NPRM, Statutory, March 23, 2004, 30-Day ``Do-Not-Call'' Registry. 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 USC 6101-6108. 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. That review was summarized in the statement of basis and purpose for the Amended TSR. 68 FR 4580 (Jan. 29, 2003). Among other changes, the Amended TSR established the National Do Not Call Registry, enabling consumers to register their preference not to receive telemarketing calls. 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 Registry. 68 FR 45134. The Consolidated Appropriations Act of 2004, Pub. L. No. 188-199, 188 Stat. 3, Division B, Title V (Appropriations Act), which was enacted on January 23, 2004, 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 ``do- not-call'' registry once amonth. Accordingly, the Federal Trade Commission announced a proposal to amend the ``do-not-call'' provisions of the TSR to require that telemarketers subject to the Rule access [[Page 38608]] 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. 69 FR 7330 (Feb. 13, 2004). The proposal would also allow a consumer to assert a valid ``do-not-call'' complaint thirty days after entering his or her numbere registry rather than waiting three months as then required. On March 23, 2004, the Commission announced that the amendments to the Rule provisions will become effective on January 1, 2005. 69 FR 16368 (Mar. 29, 2004). 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. Pursuant to the Appropriations Act, the Commission published an NPRM that would amend the TSR to revise the fees charged for industry access to the national ``do-not-call'' registry. 69 FR 23701 (Apr. 30, 2004). Under the new fee structure proposed by the Commission, the annual fee for each area code of data accessed would become $45, and the maximum amount that any entity would be charged -- for access to 280 area codes of data or more -- would become $12,375. The proposed rulemaking would continue to allow all entities accessing the Registry to obtain the first five area codes of data for free, and would still allow those entities exempt from the Registry's requirements to obtain access at no charge. The FTC accepted public comments on the proposed rulemaking until June 1, 2004. Pending public comment, the new fee schedule would go into effect on September 1, 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Pub. L. No. 108-199 enacted 01/23/04 NPRM - Monthly Access Requirement 02/13/04 69 FR 7330 Comment Period End 02/26/04 Final Rule Announced 03/23/04 Final Rule 03/29/04 69 FR 16368 Amended Fees NPRM 04/30/04 69 FR 23701 Comment Period End 06/01/04 Final Rule - Recommendation to Commission 07/00/04 Commission Action 08/00/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Carole I. Danielson, Senior Investigator, Federal Trade Commission, Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3115 Email: cdanielson@ftc.gov Catherine Harrington-McBride, Attorney, Federal Trade Commission, Division of Marketing Practices, Division of Marketing Practices, Bureau of Consumer Protection, 600 Pennsylvania Ave. N.W., Washington, DC 20580 Phone: 202 326-2452 Email: cmcbride@ftc.gov David M Torok, Attorney, Federal Trade Commission, Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3075 Email: dtorok@ftc.gov Related RIN: Related to 3084-AA86 RIN: 3084-AA98 _______________________________________________________________________ Federal Trade Commission (FTC) Completed Actions _______________________________________________________________________ 4145. TRADE REGULATION RULE ON OPHTHALMIC PRACTICE RULES Priority: Substantive, Nonsignificant Legal Authority: 15 USC 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 or the 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 goodsfrom 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 systematic review of all Commission rules and guides, the Commission has requested comments on the economic impact of, and the continuing need for, this Rule, possible conflict between the Rule and State, local, or other Federal laws, and the effect on the Rule of any technological, economic, or other industry changes. The Commission announced that it would retain the Eyeglass Rule in a Federal Register notice that was published on February 4, 2004 (69 FR 5450). The notice also discussed the comments received in response to the Commission's request for public comments and analyzed the effect of the enactment of the Fairness To Contact Lens Consumers Act, 15 USC 7601-7610. A separate Federal Register notice, also published on February 4, 2004, contains a Notice of Proposed Rulemaking (NPRM) under the Fairness To Contact Lens Consumers Act, and makes two clerical amendments to the Ophthalmic Practice Rules. 69 FR 5440, 5450. See the Contact Lens Rule: Ophthalmic Practice Rules, RIN: 3084-AA95 in this Agenda. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Comments 04/03/97 62 FR 15865 Notice of Comment Period Extension 05/29/97 62 FR 29088 Comment Period End 09/02/97 Final Rule 02/04/04 69 FR 5451 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Kial Young, Federal Trade Commission, Division of Advertising Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3525 Email: kyoung@ftc.gov Matthew Daynard, Federal Trade Commission, Division of Advertising [[Page 38609]] Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3291 Email: mdaynard@ftc.gov Related RIN: Related to 3084-AA95 RIN: 3084-AA80 _______________________________________________________________________ 4146. RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2101 et seq CFR Citation: 16 CFR 304 Legal Deadline: None Abstract: The Rule, which became effective on February 6, 1975; prescribes the required markings on imitation political and numismatic items, specifying the sizes and dimensions of the type, the location of the marking, and how to mark incusable (those that can be impressed with a stamp) and nonincusable items. Specifically, imitation political items -- such as buttons, posters, coffee mugs and the like -- must be marked with the calendar year they were manufactured, and imitation numismatic items -- including coins, tokens and paper money -- must be marked with the word ``copy.'' As part of its ongoing systematic review of all Federal Trade Commission rules and guides, 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. 68 FR 9856 (Mar. 3, 2003). For example, the Federal Register notice asked for comments on whether changes in the relevant technology, such as e-mail and the Internet, affects the Rule since it was issued. On March 3, 2004, the Commission announced its decision to retain the Rule in its current form. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Notice of Intent to Request Comments 01/17/03 68 FR 2465 Request for Comments 03/03/03 68 FR 9856 Comment Period End 05/02/03 Final Action Confirming Rule 03/03/04 69 FR 9943 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: Neil Blickman, Attorney, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, Washington, DC 20580 Phone: 202 326-3038 Email: nblickman@ftc.gov RIN: 3084-AA90 [FR Doc. Filed 06-25-04; 8:45 am] BILLING CODE 6750-01-S