2020-07757. Regulatory Review Schedule

AGENCY:

Federal Trade Commission.

ACTION:

Notice of intent to request public comments.

SUMMARY:

As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission announces a modified ten-year regulatory review schedule. No Commission determination on the need for, or the substance of, the rules and guides listed below should be inferred from this notice.

DATES:

April 15, 2020.

FOR FURTHER INFORMATION CONTACT:

Further details about particular rules or guides may be obtained from the contact person listed below for the rule or guide. For information about this document, please contact Jock Chung, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

To ensure that its rules and industry guides remain relevant and are not unduly burdensome, the Commission reviews them on a ten-year schedule. Each year the Commission publishes its review schedule, with adjustments made in response to public input, changes in the marketplace, and resource demands.

When the Commission reviews a rule or guide, it publishes a notice in the Federal Register seeking public comment on the continuing need for the rule or guide, as well as the rule's or guide's costs and benefits to consumers and businesses. Based on this feedback, the Commission may modify or repeal the rule or guide to address public concerns or changed conditions, or to reduce undue regulatory burden.

The Commission posts information about its review schedule on its website ^[1] to facilitate comment. This website contains an updated review schedule, a list of rules and guides previously eliminated in the regulatory review process, and the Commission's regulatory review plan.

Modified Ten-Year Schedule for Review of FTC Rules and Guides

For 2020, the Commission intends to initiate a review of, and solicit public comments on, the following rules:

(1) Prohibitions on Market Manipulation Rule, 16 CFR part 317. Agency Contact: Peter Richman, [phone], Federal Trade Commission, Bureau of Competition, Mergers III Division, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(2) Health Breach Notification Rule, 16 CFR part 318. Agency Contact: Elisa Jillson, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(3) Power Output Claims for Amplifiers Utilized in Home Entertainment Products, 16 CFR part 432. Agency Contact: Jock Chung, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(4) Duties of Creditors Regarding Risk-Based Pricing, 16 CFR part 640. Agency Contact: David Lincicum, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(5) Duties of Users of Consumer Reports Regarding Address Discrepancies, 16 CFR part 641. Agency Contact: David Lincicum, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(6) Prescreen Opt-Out Notice, 16 CFR part 642. Agency Contact: David Lincicum, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(7) Duties of Furnishers of Information to Consumer Reporting Agencies, 16 CFR part 660. Agency Contact: David Lincicum, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(8) Affiliate Marketing, 16 CFR part 680. Agency Contact: Katherine White, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(9) Model Forms and Disclosures, 16 CFR part 698. Agency Contact: David Lincicum, [phone], Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(10) [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules, 16 CFR part 801. Agency Contact: Robert L. Jones, [phone], Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(11) [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules, 16 CFR part 802. Agency Contact: Robert L. Jones, [phone], Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW, Washington, DC 20580.

(12) [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules, 16 CFR part 803. Agency Contact: Robert L. Jones, [phone], Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW, Washington, DC 20580.

The Commission is currently reviewing 13 of the 62 rules and guides within its jurisdiction. During 2019, it completed a review of 16 CFR 433, Preservation of Consumers' Claims and Defenses [Holder in Due Course Rule]. A copy of the Commission's modified regulatory review schedule, indicating initiation dates for reviews through 2030, 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.

April J. Tabor,

Acting Secretary.

Appendix

Regulatory Review Modified Ten-Year Schedule

16 CFR part	Topic	Year to initiate review
24	Guides for Select Leather and Imitation Leather Products	Currently Under Review.
255	Guides Concerning Use of Endorsements and Testimonials in Advertising	Currently Under Review.
308	Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 [Pay Per Call Rule]	Currently Under Review.
310	Telemarketing Sales Rule	Currently Under Review.
312	Children's Online Privacy Protection Rule	Currently Under Review.
313	Privacy of Consumer Financial Information	Currently Under Review.
314	Standards for Safeguarding Customer Information	Currently Under Review.
315	Contact Lens Rule	Currently Under Review.
423	Care Labeling of Textile Wearing Apparel and Certain Piece Goods	Currently Under Review.
436	Disclosure Requirements and Prohibitions Concerning Franchising	Currently Under Review.
453	Funeral Industry Practices	Currently Under Review.
456	Ophthalmic Practice Rules (Eyeglass Rule)	Currently Under Review.
681	Identity Theft [Red Flag] Rules	Currently Under Review.
317	Prohibition of Energy Market Manipulation Rule	2020.
318	Health Breach Notification Rule	2020.
432	Power Output Claims for Amplifiers Utilized in Home Entertainment Products	2020.
640	Duties of Creditors Regarding Risk-Based Pricing	2020.
641	Duties of Users of Consumer Reports Regarding Address Discrepancies	2020.
642	Prescreen Opt-Out Notice	2020.
660	Duties of Furnishers of Information to Consumer Reporting Agencies	2020.
680	Affiliate Marketing	2020.
698	Model Forms and Disclosures	2020.
801	[Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules	2020.
802	[Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules	2020.
803	[Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules	2020.
437	Business Opportunity Rule	2021.
233	Guides Against Deceptive Pricing	2022.
238	Guides Against Bait Advertising	2022.
251	Guide Concerning Use of the Word “Free” and Similar Representations	2022.
260	Guides for the Use of Environmental Marketing Claims	2022.
254	Guides for Private Vocational and Distance Education Schools	2023.
309	Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles	2023.
429	Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations	2023.
20	Guides for the Rebuilt, Reconditioned, and Other Used Automobile Parts Industry	2024.
240	Guides for Advertising Allowances and Other Merchandising Payments and Services [Fred Meyer Guides]	2024.
300	Rules and Regulations under the Wool Products Labeling Act of 1939	2024.
301	Rules and Regulations under Fur Products Labeling Act	2024.
303	Rules and Regulations under the Textile Fiber Products Identification Act	2024.
425	Use of Prenotification Negative Option Plans	2024.
435	Mail, Internet, or Telephone Order Merchandise	2024.
424	Retail Food Store Advertising and Marketing Practices [Unavailability Rule]	2024.
239	Guides for the Advertising of Warranties and Guarantees	2025.
306	Automotive Fuel Ratings, Certification and Posting	2025.
305	Energy Labeling Rule	2025.
444	Credit Practices	2025.
500	Regulations under Section 4 of the Fair Packaging and Labeling Act	2025.
501	Exemptions from Requirements and Prohibitions under Part 500	2025.
502	Regulations under Section 5(c) of the Fair Packaging and Labeling Act	2025.
503	Statements of General Policy or Interpretation [under the Fair Packaging and Labeling Act]	2025.
700	Interpretations of Magnuson-Moss Warranty Act	2025.
701	Disclosure of Written Consumer Product Warranty Terms and Conditions	2025.
702	Pre-Sale Availability of Written Warranty Terms	2025.
703	Informal Dispute Settlement Procedures	2025.
304	Rules and Regulations under the Hobby Protection Act	2026.
455	Used Motor Vehicle Trade Regulation Rule	2026.
259	Guide Concerning Fuel Economy Advertising for New Automobiles	2027.
682	Disposal of Consumer Report Information and Records	2027.
23	Guides for the Jewelry, Precious Metals, and Pewter Industries	2028.
311	Test Procedures and Labeling Standards for Recycled Oil	2028.
460	Labeling and Advertising of Home Insulation	2028.
316	CAN-SPAM Rule	2029.
433	Preservation of Consumers' Claims and Defenses [Holder in Due Course Rule]	2029.

Footnotes

1.  http://www.ftc.gov/​enforcement/​rules/​regulatory-review.