[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Unknown Section]
[Pages 21951-21953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8982]
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Part XX
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 January 15, 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).
Since the fall 2007 edition, the Internet has been the basic
means for disseminating the Unified Agenda. The complete Unified
Agenda is available online at www.reginfo.gov. Because publication
in the Federal Register is mandated for the regulatory flexibility
agendas required by the Regulatory Flexibility Act (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.
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 one rule that is a ``significant regulatory
action'' under the definition in Executive Order 12866. This is the
FACTA (or Fair and Accurate Credit Transactions Act of 2003) Risk-
Based Pricing Final Rule, which the Commission issued jointly with
the Federal Reserve on January 15, 2010 (75 FR 2724). There is
further information about this in the Agenda abstract for FACTA
rulemakings.
The Commission has responded to OMB's request that agencies
discuss international effects of their rulemakings in The
Regulatory Plan narrative. 74 FR 64137, 64366. The Commission has
also 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
Appliance Labeling Rule, 16 CFR 305; (2) the Automotive Fuel
Ratings, Certification, and Posting Rule, 16 CFR 306; (3) the
Smokeless Tobacco Rules, 16 CFR 307; (4) the Pay-Per-Call Rule (or
``the 1-900 Rule''), 16 CFR 308; (5) Labeling Requirements for
Alternative Fuels and Alternative-Fueled Vehicles, 16 CFR 309; (6)
Telemarketing Sales Rule, 16 CFR 310; (7) Children's Online Privacy
Protection Rule, 16 CFR 312; (8) Privacy of Consumer Financial
Information, 16 CFR 313; (9) the Rulemaking With Respect to
Mortgage Loans, to be codified at 16 CFR 321, 322; (10) Retail Food
Store Advertising and Marketing Practices, 16 CFR 424; (11) the
Negative Option Rule, 16 CFR 425; (12) the Cooling-Off Rule, 16 CFR
429; (13) the Amplifier Rule, 16 CFR 432; (14) the Holder-in-Due
Course Rule, 16 CFR 433; (15) Mail or Telephone Order Merchandise
Rule, 16 CFR 435; (15) the Business Opportunity Rule, to be
codified at 16 CFR 437; (16) the Used Car Rule, 16 CFR 455; and
(17) 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,
Attorney, telephone: (202) 326-3355; e-mail: [email protected], or Robert
A. Nelson, Jr., Paralegal, telephone: (202) 326-2931; e-mail:
[email protected], Federal Trade Commission, 600 Pennsylvania Avenue NW.,
Washington, DC 20580.
By direction of the Commission.
Donald S. Clark,
Secretary.
[[Page 21953]]
Federal Trade Commission--Completed Actions
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Regulation
Sequence Title Identifier
Number Number
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411 Privacy of Consumer Financial Information............................................. 3084-AA97
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_______________________________________________________________________
Federal Trade Commission (FTC) Completed Actions
_______________________________________________________________________
411. PRIVACY OF CONSUMER FINANCIAL INFORMATION
Legal Authority: 15 USC 6801 et seq
Abstract: This rulemaking is related to RIN 3084-AA85. In 2000, the
Commission, the banking agencies, and the Securities and Exchange
Commission published rules (Privacy Rules) for the Gramm-Leach-Bliley
Act (GLB Act) requirement that financial institutions provide a notice
of its privacy policies and practices to its customers. The Privacy
Rule does not specify any format or standardized wording for these
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. Subsequently, the agencies published an advance
notice of proposed rulemaking (ANPRM) and requested comments on a
variety of subjects including the goals, elements, language, costs and
benefits, and permissible aspects of alternative privacy notices. 68 FR
75164. The comment period ended on March 29, 2004. Six of these
agencies (seven as of April 2006) thereafter funded consumer research
and testing to inform the development of alternative privacy notices
that are easier for consumers to understand and use.
As directed by section 728 of the Financial Services Relief Act of
2006, Public Law No. 109-351, which added section 503(e) to the GLB
Act, the Commission, together with seven other Federal agencies (the
Board of Governors of the Federal Reserve System, the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the Currency,
the Office of Thrift Supervision, the National Credit Union
Administration, the Securities and Exchange Commission, and the
Commodity Futures Trading Commission), must propose a model form that
may be used at the option of financial institutions for the privacy
notices required under GLB within 280 days after enactment, or by April
11, 2007. On March 29, 2007, the agencies published an NPRM proposing a
model form of the prototype privacy notice developed during the
consumer research testing project undertaken by first six, then seven,
of these agencies. 72 FR 14940. Errata were published in the Federal
Register on April 5, 2007. 72 FR 16875. The comment period ended on May
29, 2007. On November 17, 2009, the agencies announced a model privacy
form that financial institutions may rely on as a safe harbor to
provide disclosures under the privacy rules. 75 FR 62890. In addition,
the agencies other than the SEC are eliminating the safe harbor
permitted for notices based on the Sample Clauses currently contained
in the privacy rules if the notice is provided after December 31, 2010.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Public Workshop 12/04/01
ANPRM 12/30/03 68 FR 75164
ANPRM Comment Period End 03/29/04
NPRM 03/29/07 72 FR 14940
Errata 04/05/07 72 FR 16875
NPRM Comment Period End 05/29/07
Final Rule 12/01/09 74 FR 62890
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Loretta Garrison, Senior Attorney, Federal Trade
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW,
Washington, DC 20580
Phone: 202 326-3043
Email: [email protected]
RIN: 3084-AA97
[FR Doc. 2010-8982 Filed 04-23-10; 8:45 am]
BILLING CODE 6750-01-S
