2010-5746. Notice of Intent To Request Public Comments

AGENCY:

Federal Trade Commission.

ACTION:

Notice of intent to request public comments.

SUMMARY:

As part of its systematic review of all Federal Trade Commission rules and guides, the Commission gives notice that, during 2010, it intends to request public comments on the rules listed below (“Rules”). The Commission will request comments on, among other things, the economic impact of and the continuing need for the Rules; possible conflict between the Rules and state, local, or other federal laws or regulations; and the effect of any technological, economic, or other industry changes on the Rules. Further, the Commission gives notice that, based on its current ongoing review proceedings, it is postponing regulatory review for certain rules previously scheduled for 2010 review. In addition, the Commission announces that it is accelerating its review of the Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule to 2010. No Commission determination on the need for, or the substance of, the Rules should be inferred from the notice of intent to publish requests for comments. Finally, the Commission announces a revised 10-year regulatory review schedule.

DATES:

Comments must be submitted on or before April 16, 2010.

FOR FURTHER INFORMATION CONTACT:

Further details may be obtained from the contact person listed for the particular Rule.

SUPPLEMENTARY INFORMATION:

The Commission intends to initiate a review of, and solicit public comments on, the following Rules during 2010:

(1) Retail Food Store Advertising and Marketing Practices Rule, 16 CFR 424. Agency Contact: Janice Podoll Frankle, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW, Washington, DC 20580.

(2) Preservation of Consumers’ Claims and Defenses Rule, 16 CFR 433. Agency Contact: Ronald G. Isaac, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Financial Practices, 600 Pennsylvania Ave., NW, Washington, DC 20580.

(3) Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule, 16 CFR 309. Agency Contact: Hampton Newsome, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW, Washington, DC 20580.

The Commission is accelerating its review of the Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule, previously scheduled for review in 2014, to ensure that FTC-required vehicle labels are consistent with the Environmental Protection Agency fuel economy labeling requirements. Additionally, because the Commission has ongoing reviews relating to a number of its rules and guides and other rulemaking proceedings, it is postponing review of the following matters previously scheduled for 2010 review: Regulations Under the Fair Packaging and Labeling Act, et al., 16 CFR 500-503; the Credit Practices Rule, 16 CFR 444; the Guides for the Advertising of Warranties and Guarantees, 16 CFR 239; and the Interpretations of the Magnuson-Moss Warranty Act, et al., 16 CFR 700-703.

A copy of the Commission’s revised regulatory review schedule for 2011 through 2020 is appended. The Commission, in its discretion, may modify or reorder the schedule in the future to incorporate new rules, or to respond to external factors (such as changes in the law) or other considerations.

Authority: 15 U.S.C. 41-58. By direction of the Commission.

Donald S. Clark,

Secretary.

APPENDIX

REGULATORY REVIEW

MODIFIED TEN-YEAR SCHEDULE

16 CFR PART	TOPIC	YEAR TO REVIEW
14	Administrative Interpretations, General Policy Statements, and Enforcement Policy Statements	2011
23	Guides for the Jewelry, Precious Metals, and Pewter Industries	2011
239	Guides for the Advertising of Warranties and Guarantees	2011
300	Rules and Regulations under the Wool Products Labeling Act	2011
301	Rules and Regulations under the Fur Products Labeling Act	2011
303	Rules and Regulations under the Textile Fiber Products Identification Act	2011
423	Care Labeling Rule	2011
444	Credit Practices Rule	2011
700	Interpretations of Magnuson-Moss Warranty Act	2011
701	Disclosure of Written Consumer Product Warranty Terms and Conditions	2011
702	Pre-Sale Availability of Written Warranty Terms	2011
703	Informal Dispute Settlement Procedures	2011
20	Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry	2012
233	Guides Against Deceptive Pricing	2012
238	Guides Against Bait Advertising	2012
240	Guides for Advertising Allowances and Other Merchandising Payments and Services	2012
251	Guide Concerning Use of the Word “Free” and Similar Representations	2012
310	Telemarketing Sales Rule	2013
500	Regulations Under Section 4 of the Fair Packaging and Labeling Act (FPLA)	2013
501	Exemptions from Part 500 of the FPLA	2013
502	Regulations Under Section 5(c) of the FPLA	2013
503	Statements of General Policy or Interpretations Under the FPLA	2013
801	Hart-Scott-Rodino Antitrust Improvements Act Coverage Rules	2013
802	Hart-Scott-Rodino Antitrust Improvements Act Exemption Rules	2013
803	Hart-Scott-Rodino Antitrust Improvements Act Transmittal Rules	2013
304	Rules and Regulations under the Hobby Protection Act	2014
314	Standards for Safeguarding Customer Information	2014
315	Contact Lens Rule	2015
316	Rules Implementing the CAN-SPAM Act of 2003	2015
456	Ophthalmic Practice Rules	2015
603	Fair Credit Reporting Act (FCRA) Rules - Definitions	2015
610	FCRA Rules - Free Annual File Disclosures	2015
611	FCRA Rules - Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency	2015
613	FCRA Rules - Duration of Active Duty Alerts	2015
614	FCRA Rules - Appropriate Proof of Identity	2015
698	FCRA Rules - Summaries, Notices, and Forms	2015
460	Labeling and Advertising of Home Insulation	2016
642	FCRA Rules - Prescreen Opt-Out Notice	2016
682	FCRA Rules - Disposal of Consumer Report Information and Records	2016
312	Children’s Online Privacy Protection Rule	2017
410	Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets	2017
18	Guides for the Nursery Industry	2018
305	Appliance Labeling Rule	2018
311	Test Procedures and Labeling Standards for Recycled Oil	2018
436	Disclosure Requirements and Prohibitions Concerning Franchising	2018
641	FCRA Rules - Duties of Users of Consumer Reports Regarding Address Discrepancies	2018
680	FCRA Rules - Affiliate Marketing	2018
681	FCRA Rules - Identity Theft Rules	2018
24	Guides for Select Leather and Imitation Leather Products	2019
453	Funeral Industry Practices Rule	2019
255	Guides Concerning Use of Endorsements and Testimonials in Advertising	2020
313	Privacy of Consumer Financial Information	2020
317	Prohibition of Energy Market Manipulation Rule	2020
318	Health Breach Notification Rule	2020
901	FDCPA - Procedures for State Application for Exemption From the Provisions of the Act	2020