[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Unknown Section]
[Pages 79929-79931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30466]
[[Page 79929]]
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Part XXII
Federal Trade Commission
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###Semiannual Regulatory Agenda###
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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. The Commission's agenda follows guidelines
and procedures issued July 23, 2010, by the Office of Management and
Budget in accordance with the provisions of Executive Order No. 12866
``Regulatory Planning and Review'' of September 30, 1993, 58 FR 51735
(Oct. 4, 1993).
This edition of the Unified Agenda of Federal Regulatory and
Deregulatory Actions includes The Regulatory Plan, which appears in
both the online Unified Agenda and in part II of the Federal
Register that includes the Unified Agenda. The Commission's
Statement of Regulatory Priorities is included in the Plan. The
Commission has no proposed rules that would be a ``significant
regulatory action'' under the definition in Executive Order 12866.
Beginning with the fall 2007 edition, the Internet became the
basic means for disseminating the Unified Agenda. The complete
Unified Agenda will be available online at www.reginfo.gov, in a
format that offers users a greatly enhanced ability to obtain
information from the Agenda database. Because publication in the
Federal Register is mandated for the regulatory flexibility agendas
required by the RFA (5 U.S.C. 602), the Commission's printed agenda
entries include only: rules that are in the Agency's regulatory
flexibility agenda, in accordance with the Regulatory Flexibility
Act, because they are likely to have a significant economic impact
on a substantial number of small entities; and any rules that the
Agency has identified for periodic review under section 610 of the
Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility
Act's Agenda requirements. Additional information on these
entries is available in the Unified Agenda published on the
Internet. In addition, for fall editions of the Agenda, the entire
Regulatory Plan will continue to be printed in the Federal
Register, as in past years, including the Federal Trade
Commission's regulatory plan.
The Commission has one rulemaking that is in the Agency's
regulatory flexibility agenda, the recently issued amendments to
the Telemarketing Sales Rule, 16 C.F.R. 310, which relate to the
provision of debt relief services to consumers. This rule is likely
to have a significant impact on a substantial number of small
entities.
The Commission's agenda also references the Web site
www.regulations.gov where appropriate. This is the Governmentwide
Web site where members of the public can find, review, and submit
comments on Federal rulemakings that are open for comment and
published in the Federal Register.
The Commission has responded to the optional information
requirement to identify rulemakings that are likely to have some
impact on small entities but are not subject to the requirements of
the RFA. The current rulemakings that are likely to have some
impact on small entities but are not subject to the requirements of
the RFA are: (1) the Automotive Fuel Ratings, Certification, and
Posting Rule, 16 CFR 306; (2) the Pay-Per-Call Rule (or ``the 1-900
Rule''), 16 CFR 308; (3) the Appliance Labeling Rule, 16 CFR 305,
(4) Labeling Requirements for Alternative Fuels and Alternative-
Fueled Vehicles, 16 CFR 309; (5) Children's Online Privacy
Protection Rule, 16 CFR 312; (6) the Rulemakings with Respect to
Mortgage Loans, to be codified at 16 CFR 321, 322; (7) Retail Food
Store Advertising and Marketing Practices, 16 CFR 424; (8) the
Negative Option Rule, 16 CFR 425; (9) the Cooling-Off Rule, 16 CFR
429; (10) the Amplifier Rule, 16 CFR 432; (11) the Holder-in-Due
Course Rule, 16 CFR 433; (12) Mail or Telephone Order Merchandise
Rule, 16 CFR 435; (13) the Business Opportunity Rule, to be
codified at 16 CFR 437; (14) the Used Car Rule, 16 CFR 455; and
(15) certain rules implementing the Fair and Accurate Credit
Transactions Act of 2003 (FACTA), 16 CFR 602, 603, 604, 610, 611,
613, 614, 641, 642, 660, 680, 681, 682, and 698.
In addition, the Agency has responded to the optional
information question that corresponds to Executive Order 13132,
``Federalism,'' of August 4, 1999, 64 FR 43255 (Aug. 10, 1999),
which does not apply to independent regulatory agencies. The
Commission believes to the extent that any of the rules in this
agenda may have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on
the distribution of power and responsibilities among the various
levels of government'' within the meaning of E.O. 13132, it has
consulted with the affected entities. The Commission continues to
work closely with the States and other governmental units in its
rulemaking process, which explicitly considers the effect of the
Agency's rules on these governmental entities.
Some of the rulemakings listed in the agenda are being
conducted as part of the Commission's plan to review and seek
information every 10 years about all of its regulations and guides,
including their costs and benefits and regulatory and economic
impact. These reviews incorporate and expand upon the review
required by the RFA and regulatory reform initiatives directing
agencies to conduct a review of all regulations and eliminate or
revise those that are outdated or otherwise in need of reform.
Except for notice of completed actions, the information in this
agenda represents the judgment of Commission staff, based upon
information now available. Each projected date of action reflects
an assessment by the FTC staff of the likelihood that the specified
event will occur during the coming year. No final determination by
the staff or the Commission respecting the need for, or the
substance of, a trade regulation rule or any other procedural
option should be inferred from the notation of projected events in
this agenda. In most instances, the dates of future events are
listed by month, not by a specific day. The acquisition of new
information, changes of circumstances, or changes in the law may
alter this information.
FOR FURTHER INFORMATION CONTACT: For information about specific
regulatory actions listed in the agenda, call, e-mail, or write the
contact person listed for each particular proceeding. General comments
or questions about the agenda should be directed to G. Richard Gold,
[[Page 79931]]
Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW.,
Washington, DC 20580, telephone: (202) 326-3355; e-mail: rgold@ftc.gov.
By direction of the Commission.
Donald S. Clark,
Secretary.
Federal Trade Commission--Prerule Stage
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Regulation
Sequence Title Identifier
Number Number
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607 Telemarketing Sales Rule.............................................................. 3084-AB19
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_______________________________________________________________________
Federal Trade Commission (FTC) Prerule Stage
_______________________________________________________________________
<###doc>
607. TELEMARKETING SALES RULE
Legal Authority: 15 USC 6101 to 6108; 15 USC 41 to 58
Abstract: The Federal Trade Commission proposes to amend the FTC's
Telemarketing Sales Rule (TSR or Rule) to address the sale of debt
relief services (74 FR 41988). The Commission seeks public comment on
the proposed amendments, which would: define the term ``debt relief
service;'' ensure that, regardless of the medium through which such
services are initially advertised, telemarketing transactions involving
debt relief services would be subject to the TSR; mandate certain
disclosures and prohibit misrepresentations in the telemarketing of
debt relief services; and prohibit any entity from requesting or
receiving payment for debt relief services until such services have
been fully performed and documented to the consumer. The comment
period, as extended, closed on October 26, 2009. The Commission
received hundreds of comments from the public. The Commission held a
public forum on November 4, 2009, where Commission staff and interested
parties discussed the proposed amendments and issues raised in the
comments. On July 29, 2010, the Commission announced rule amendments
defining debt relief services, prohibiting debt relief providers from
collecting fees until services have been provided, and requiring
specific disclosures related to fundamental aspects of debt relief
services (75 FR 48458). The rule also extends the TSR's coverage to
inbound calls and prohibits misrepresentations related to success rates
and non-profit status. With the exception of the advance fee ban, the
rule's provisions were effective September 27, 2010.
On October 27, 2010, the Commission announced an enforcement policy for
the TSR Debt Relief Services Rule: The Commission will defer
enforcement of the new rule for tax debt relief services until further
notice. The enforcement policy states, however, that tax debt relief
services must comply with the other portions of the FTC's Telemarketing
Sales Rule during the enforcement deferral period. Companies that sell
other kinds of debt relief services over the telephone continue to be
subject to enforcement of the TSR Debt Relief Service Rule, including
the prohibition against charging fees before settling or reducing a
consumer's credit car or other unsecured debt.
Separately, Commission staff are considering proposed amendments to the
TSR concerning caller identification services and disclosure of the
identity of the seller or telemarketer responsible for telemarketing
calls. Staff anticipates that the Commission will issue an advance
notice of proposed rulemaking during the first quarter of 2011.
Commission staff are also considering possible amendments to the TSR
that would provide new or strengthen existing anti-fraud provisions, as
well as make explicit certain other requirements in the TSR. Staff
anticipates that the Commission will issue an advance notice of
proposed rulemaking during the first quarter of 2011.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/19/09 74 FR 41988
NPRM Comment Period End 10/09/09
NPRM Comment Period Extended 10/15/09 74 FR 52914
NPRM Extended Comment Period End10/26/09
Public Forum 11/04/09
Final Rule 08/10/10 75 FR 48458
Technical Correction to Final
Rule 08/24/10 75 FR 51934
Effective Date 09/27/10
Effective Date (Advance Fee Ban)10/27/10
ANPRM (Caller ID) 03/00/11
NPRM (Anti-fraud) 08/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Allison Brown, Attorney, Federal Trade Commission,
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington,
DC 20580
Phone: 202 326-3079
Email: aibrown@ftc.gov
RIN: 3084-AB19
[FR Doc. 2010-30466 Filed 12-17-10; 8:45 am]
BILLING CODE 6750-01-S
