Notice Announcing Ten-Year Regulatory Review Schedule and Request for Public Comment on the Federal Trade Commission's Regulatory Review Program, 41150-41154 [2011-17513]

Download as PDF srobinson on DSK4SPTVN1PROD with PROPOSALS 41150 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Proposed Rules and how? If not, why not? Provide any evidence supporting your position. (15) Should the Commission modify the Rule to address disclosure of care instructions in languages other than English? If so, why and how? If not, why not? Provide any evidence supporting your position. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before September 6, 2011. Write ‘‘Care Labeling Rule, 16 CFR Part 423, Project No. R511915’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http:// www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment doesn’t include any sensitive personal information, like anyone’s Social Security number, date of birth, driver’s license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment doesn’t include any sensitive health information, like medical records or other individually identifiable health information. In addition, don’t include any ‘‘[t]rade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential,’’ as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, don’t include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).13 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, 13 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Mar<15>2010 16:42 Jul 12, 2011 Jkt 223001 grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ carelabelinganpr by following the instructions on the Web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Care Labeling Rule, 16 CFR Part 423, Project No. R511915’’ on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex A), 600 Pennsylvania Avenue, NW., Washington, DC 20580. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before September 6, 2011. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. List of Subjects in 16 CFR Part 423 Care labeling of textile wearing apparel and certain piece goods; Trade practices. Authority: 15 U.S.C. 41–58. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2011–17512 Filed 7–12–11; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION 16 CFR Chapter I Notice Announcing Ten-Year Regulatory Review Schedule and Request for Public Comment on the Federal Trade Commission’s Regulatory Review Program AGENCY: PO 00000 Federal Trade Commission. Frm 00009 Fmt 4702 Sfmt 4702 Notice of intent to request public comments, and request for information and comment. ACTION: As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission announces a revised tenyear regulatory review schedule. No Commission determination on the need for, or the substance of, the rules and guides listed below should be inferred from the notice of intent to publish requests for comments. The Commission further invites written comments regarding the Commission’s longstanding regulatory review program and how to improve the process. DATES: Written comments must be submitted on or before September 6, 2011. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Regulatory Review Schedule’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ regulatoryreviewschedule, by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex N), 600 Pennsylvania Avenue, NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326–2984, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room M–8102B, 600 Pennsylvania Ave., NW., Washington, DC 20580, regarding the regulatory review schedule. Further details about particular rules or guides may be obtained from the contact person listed below for the rule or guide. SUPPLEMENTARY INFORMATION: In a rapidly changing marketplace, agency regulations can become outdated, ineffectual, and unduly burdensome. Therefore, it is important to systematically review regulations to ensure that they continue to achieve their intended goals without unduly burdening commerce. Since 1992, the FTC’s regulatory review program has done just that. The Commission schedules its regulations and guides for review on a ten-year cycle; i.e., all rules and guides are scheduled to be reviewed ten years after implementation and ten years after completion of a regulatory review. The Commission publishes this schedule annually, with adjustments in SUMMARY: E:\FR\FM\13JYP1.SGM 13JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Proposed Rules response to public input, changes in the marketplace, and resource demands. The FTC recently has accelerated review of three rules and a guide to account for changes in the marketplace and to reduce burdens on industry. Specifically, because of recent increases in the use of environmental marketing claims, in 2009 the Commission accelerated its review of its Guides for the Use of Environmental Marketing Claims, also known as the Green Guides, 16 CFR Part 260. In 2010, the Commission accelerated its reviews of the Children’s Online Privacy Protection Rule, 16 CFR Part 312, to address rapid changes in technology and children’s use of online media, and the Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles, 16 CFR Part 309, to address potentially unnecessary or duplicative labeling requirements and harmonize FTC rules with the rules of a sister agency. And most recently, the Commission announced a new Premerger Notification and Report Form, which was the result of an acceleration in 2010 of the review of the Hart-Scott-Rodino Antitrust Improvements Act (‘‘HSR’’) Transmittal Rule, 16 CFR Part 803, to more rapidly alleviate any unnecessary burden on filers during these difficult economic times. The Commission is now announcing acceleration of reviews of additional rules. First, the Commission is accelerating its review of portions of the HSR Coverage Rule, 16 CFR Part 801, from 2013 to 2011. Second, the Commission is accelerating review of the Appliance Labeling Rule, 16 CFR Part 305, from 2018 to 2012, to address rapid changes in appliance technology and the increasing cost of energy. 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. Using this process, the Commission has repealed 37 rules and guides, and updated dozens of others over the past two decades. For the first time, this year the Commission is seeking input on ways to improve its regulatory review program and the procedure used for reviewing the agency’s rules and guides. Through comments suggesting improvements to its systematic regulatory review, the Commission seeks to ensure it is implementing a review process that VerDate Mar<15>2010 16:42 Jul 12, 2011 Jkt 223001 accurately measures the effectiveness, efficiency, and consequences of its rules and guides in the face of changing marketplace conditions, evolving consumer behavior, and technological developments. To solicit such comments, this notice sets forth specific questions, and also invites all relevant information and suggestions. The Commission will analyze these comments and consider whether changes to its regulatory review process are warranted. Revised Ten-Year Schedule for Review of FTC Rules and Guides The Commission currently has ongoing reviews relating to thirteen of its rules and guides.1 For example, currently, the Commission is considering amendments to the Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles, 16 CFR Part 309, that would harmonize FTC rules with Environmental Protection Agency rules and eliminate the need for businesses to apply two redundant labels from different agencies to covered vehicles. For 2011, the Commission intends to initiate a review of, and solicit public comments on, the following ten additional rules and guides. (1) Guides for the Advertising of Warranties and Guaranties, 16 CFR part 239. Agency Contact: Svetlana S. Gans, (202) 326–3708, Federal Trade Commission, Bureau of Consumer Protection, Division of Marketing Practices, 600 Pennsylvania Ave., NW., Washington, DC 20580. (2) Rules and Regulations under the Wool Products Labeling Act of 1939, 16 CFR Part 300. Agency Contact: Robert M. Frisby, (202) 326–2098, Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW., Washington, DC 20580. 1 Guides for Private Vocational and Distance Education Schools, 16 CFR Part 254; Guide Concerning Fuel Economy Advertising for New Automobiles, 16 CFR Part 259; Guides for the Use of Environmental Marketing Claims, 16 CFR Part 260; Automotive Fuel Ratings, Certification and Posting Rule, 16 CFR Part 306; Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 [Pay Per Call Rule], 16 CFR Part 308; Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule, 16 CFR Part 309; Children’s Online Privacy Protection Rule, 16 CFR Part 312; Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended Rule, 16 CFR. Part 423; Use of Prenotification Negative Option Plans Rule, 16 CFR Part 425; Rule Concerning the Cooling-Off Period for Sales Made at Homes or at Certain Other Locations, 16 CFR Part 429; Mail or Telephone Order Merchandise Rule, 16 CFR Part 435; Disclosure Requirements and Prohibitions Concerning Business Opportunities Rule, 16 CFR Part 437; and Used Motor Vehicle Trade Regulation Rule, 16 CFR Part 455. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 41151 (3) Rules and Regulations under the Fur Products Labeling Act, 16 CFR Part 301. Agency Contact: Matthew J. Wilshire, (202) 326–2976, Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW., Washington, DC 20580. (4) Rules and Regulations under the Textile Fiber Products Identification Act, 16 CFR Part 303. Agency Contact: Robert M. Frisby. (5) Retail Food Store Advertising and Marketing Practices Rule [Unavailability Rule], 16 CFR Part 424. Agency Contact: Jock Chung, (202) 326–2984, Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Ave., NW., Washington, DC 20580. (6) Interpretations of Magnuson-Moss Warranty Act, 16 CFR Part 700. Agency Contact: Svetlana S. Gans. (7) Disclosure of Written Consumer Product Warranty Terms and Conditions, 16 CFR Part 701. Agency Contact: Svetlana S. Gans. (8) Pre-Sale Availability of Written Warranty Terms, 16 CFR Part 702. Agency Contact: Svetlana S. Gans. (9) Informal Dispute Settlement Procedures, 16 CFR Part 703. Agency Contact: Svetlana S. Gans. (10) [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules, 16 CFR Part 801. Agency Contact: Robert Jones, (202) 326–2740, Federal Trade Commission, Bureau of Competition, 600 Pennsylvania Ave., NW., Washington, DC 20580. Due to resource constraints, the Commission is postponing review of the following matters previously scheduled for 2011 review: Administrative Interpretations, General Policy Statements, and Enforcement Policy Statements, 16 CFR part 14; the Guides for the Jewelry, Precious Metals, and Pewter Industries, 16 CFR part 23; the Preservation of Consumers’ Claims and Defenses Rule [Holder in Due Course Rule], 16 CFR Part 433; and the Credit Practices Rule, 16 CFR part 444. The Commission is removing the following nine matters from its regulatory review schedule because authority to modify or repeal them will be transferred to the Consumer Financial Protection Bureau (CFPB) in 2011: Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance, 16 CFR Part 320; Mortgage Assistance Relief Services Rule, 16 CFR part 322; Statements of General Policy or Interpretations [of the Fair Credit Reporting Act Rules], 16 CFR Part 600; [Identity Theft] Definitions, 16 CFR Part 603; Free Annual File Disclosures Rule, 16 CFR Part 610; E:\FR\FM\13JYP1.SGM 13JYP1 41152 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Proposed Rules Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency, 16 CFR Part 611; Duration of Active Duty Alerts, 16 CFR Part 613; Appropriate Proof of Identity, 16 CFR Part 614; and Procedures for State Application for Exemption From the Provisions of the [Federal Debt Collection Practices] Act, 16 CFR Part 901.2 Finally, the Commission is removing Smokeless Tobacco Regulations, 16 CFR Part 307, from its review schedule because the Commission rescinded these regulations in 2010. 75 FR 59609 (September 28, 2010). 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. Request for Comment srobinson on DSK4SPTVN1PROD with PROPOSALS Questions We invite comment to help the Commission continue to improve its regulatory review process. All relevant comments will be considered, but we are particularly interested in obtaining your views on the following questions. When responding, please include any available evidence that supports your response. (1) Should the Commission continue to review its rules and guides every ten years? If not, what interval makes sense? Why? (2) Should different rules and guides be reviewed at different intervals? If so, which should be accelerated and which decelerated and on what basis? (3) In what other ways can the Commission modify its regulatory review program to make it more responsive to the needs of consumers and businesses? (4) What can the Commission do to streamline its regulatory review process? 2 These nine matters transfer to CFPB pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, Sec. 1061(b)(5), 124 Stat. 2004 (July 21, 2010). To the extent they apply to motor vehicle dealers, the Commission will retain rulemaking authority for seven other rules that are being transferred to the CFPB pursuant to sections 1029(a) and (c) of the Act: Privacy of Consumer Financial Information Privacy Rule, 16 CFR Part 313; Duties of Creditors Regarding Risk-Based Pricing, 16 CFR Part 640; Duties of Users of Consumer Reports Regarding Address Discrepancies, 16 CFR Part 641; Prescreen Opt-Out Notice, 16 CFR Part 642; Duties of Furnishers of Information to Consumer Reporting Agencies, 16 CFR Part 660; Affiliate Marketing, 16 CFR Part 680; Model Forms and Disclosures, 16 CFR Part 698. VerDate Mar<15>2010 16:42 Jul 12, 2011 Jkt 223001 (5) Are there any federal, state, or foreign agencies with regulatory review programs that the Commission should study to improve its own program? If so which agencies, and what do they do that is superior to the Commission’s program? (6) How should the Commission identify those rules and guides that can and should be modified, streamlined, expanded, or repealed? What factors should the Commission consider in selecting and prioritizing rules and guides for review? Why? (7) Does the Commission have rules or guides that duplicate or conflict with other agencies’ requirements? Does the Commission currently collect information that it does not need or use effectively to achieve regulatory objectives? If so, what information is not needed? Why not? (8) Are there rules or guides that have become unnecessary and can be withdrawn without impairing the Commission’s regulatory programs? If so, which rules and guides? Why? (9) Are there rules or guides that have become outdated and, if so, how can they be modernized to better accomplish their regulatory objectives? If so, which rules and guides? Why are they outdated? (10) Are there rules or guides that are still necessary, but have not operated as well as expected such that a modified, stronger, or slightly different approach is justified? If so, which rules and guides? Why and how should they be changed? (11) Are there rules or guides that have been or will soon be overtaken by technological developments? If so, which rules or guides? Why? How can they be modified to accommodate or utilize such technologies? Instructions You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before September 6, 2011. Write ‘‘Regulatory Review Schedule’’ on your comment. Your comment including your name and your state will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Website, at http://www.ftc.gov/os/ publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Website. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 information, like anyone’s Social Security number, date of birth, driver’s license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any [t]rade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential, as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).3 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ regulatoryreviewschedule, by following the instruction on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that website. If you file your comment on paper, write ‘‘Regulatory Review Schedule’’ on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex N), 600 Pennsylvania Avenue, NW., Washington, DC 20580. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The 3 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR Part 4.9(c). E:\FR\FM\13JYP1.SGM 13JYP1 41153 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Proposed Rules FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before September 6, 2011. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. 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 254 259 260 306 308 Topic .................... .................... .................... .................... .................... srobinson on DSK4SPTVN1PROD with PROPOSALS 309 .................... 312 .................... 423 .................... 425 .................... 429 .................... 435 .................... 437 .................... 455 .................... 239 .................... 300 .................... 301 .................... 303 .................... 424 .................... 700 .................... 701 .................... 702 .................... 703 .................... 801 .................... 20 ...................... 23 ...................... 233 .................... 238 .................... 251 .................... 240 .................... 305 .................... 433 .................... 310 .................... 500 .................... 501 .................... 502 .................... 503 .................... 802 .................... 304 .................... 314 .................... 315 .................... 316 .................... 456 .................... 460 .................... 682 .................... 410 .................... 18 ...................... 311 .................... 436 .................... 681 .................... 24 ...................... 453 .................... 14 ...................... 255 .................... 313 .................... 317 .................... 318 .................... 432 .................... 444 .................... 640 .................... 641 .................... 642 .................... 660 .................... 680 .................... VerDate Mar<15>2010 Year to review Guides for Private Vocational and Distance Education Schools ............................................................. Guide Concerning Fuel Economy Advertising for New Automobiles ...................................................... Guides for the Use of Environmental Marketing Claims ......................................................................... Automotive Fuel Ratings, Certification and Posting Rule ........................................................................ Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 [Pay Per Call Rule]. Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule .............................. Children’s Online Privacy Protection Rule ............................................................................................... Care Labeling of Textile Wearing Apparel and Certain Piece Goods Rule ............................................ Use of Prenotification Negative Option Plans Rule ................................................................................. Rule Concerning the Cooling-Off Period for Sales Made at Homes or at Certain Other Locations ...... Mail or Telephone Order Merchandise Rule ........................................................................................... Disclosure Requirements and Prohibitions Concerning Business Opportunities Rule ........................... Used Motor Vehicle Trade Regulation Rule ............................................................................................ Guides for the Advertising of Warranties and Guarantees ..................................................................... Rules and Regulations under the Wool Products Labeling Act of 1939 ................................................. Rules and Regulations under Fur Products Labeling Act ....................................................................... Rules and Regulations under the Textile Fiber Products Identification Act ............................................ Retail Food Store Advertising and Marketing Practices Rule [Unavailability Rule] ................................ Interpretations of Magnuson-Moss Warranty Act .................................................................................... Disclosure of Written Consumer Product Warranty Terms and Conditions ............................................ Pre-Sale Availability of Written Warranty Terms ..................................................................................... Informal Dispute Settlement Procedures ................................................................................................. [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules ........................................................... Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry ............................... Guides for the Jewelry, Precious Metals, and Pewter Industries ............................................................ Guides Against Deceptive Pricing ........................................................................................................... Guides Against Bait Advertising .............................................................................................................. Guide Concerning Use of the Word ‘‘Free’’ and Similar Representations .............................................. Guides for Advertising Allowances and Other Merchandising Payments and Services ......................... Appliance Labeling Rule .......................................................................................................................... Preservation of Consumers’ Claims and Defenses Rule [Holder in Due Course Rule] ......................... Telemarketing Sales Rule ........................................................................................................................ Regulations under Section 4 of the Fair Packaging and Labeling Act ................................................... Exemptions from Requirements and Prohibitions under Part 500 [of the Fair Packaging and Labeling Act]. Regulations under Section 5(c) of the Fair Packaging and Labeling Act ............................................... Statements of General Policy or Interpretation [under the Fair Packaging and Labeling Act] ............... [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules ......................................................... Rules and Regulations under the Hobby Protection Act ......................................................................... Standards for Safeguarding Customer Information ................................................................................. Contact Lens Rule ................................................................................................................................... CAN–SPAM Rule ..................................................................................................................................... Ophthalmic Practice Rules (Eyeglass Rule) ............................................................................................ Labeling and Advertising of Home Insulation .......................................................................................... Disposal of Consumer Report Information and Records ......................................................................... Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets ............. Guides for the Nursery Industry ............................................................................................................... Test Procedures and Labeling Standards for Recycled Oil .................................................................... Disclosure Requirements and Prohibitions Concerning Franchising ...................................................... Identity Theft [Red Flag] Rules ................................................................................................................ Guides for Select Leather and Imitation Leather Products ..................................................................... Funeral Industry Practices Rule ............................................................................................................... Administrative Interpretations, General Policy Statements, and Enforcement Policy Statements ......... Guides Concerning Use of Endorsements and Testimonials in Advertising ........................................... Privacy of Consumer Financial Information Rule .................................................................................... Prohibition of Energy Market Manipulation Rule ..................................................................................... Health Breach Notification Rule ............................................................................................................... Power Output Claims for Amplifiers Utilized in Home Entertainment Products Rule ............................. Credit Practices Rule ............................................................................................................................... Duties of Creditors Regarding Risk-Based Pricing .................................................................................. Duties of Users of Consumer Reports Regarding Address Discrepancies ............................................. Prescreen Opt-Out Notice ........................................................................................................................ Duties of Furnishers of Information to Consumer Reporting Agencies ................................................... Affiliate Marketing .................................................................................................................................... 16:42 Jul 12, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\13JYP1.SGM 13JYP1 Under Under Under Under Under Review. Review. Review. Review. Review. Under Under Under Under Under Under Under Under 2011. 2011. 2011. 2011. 2011. 2011. 2011. 2011. 2011. 2011. 2012. 2012. 2012. 2012. 2012. 2012. 2012. 2012. 2013. 2013. 2013. Review. Review. Review. Review. Review. Review. Review. Review. 2013. 2013. 2013. 2014. 2014. 2015. 2015. 2015. 2016. 2016. 2017. 2018. 2018. 2018. 2018. 2019. 2019. 2020. 2020. 2020. 2020. 2020. 2020. 2020. 2020. 2020. 2020. 2020. 2020. 41154 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Proposed Rules APPENDIX—REGULATORY REVIEW MODIFIED TEN-YEAR SCHEDULE—Continued 16 CFR Part Topic 698 .................... 803 .................... Model Forms and Disclosures ................................................................................................................. [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules ........................................................ [FR Doc. 2011–17513 Filed 7–12–11; 8:45 am] BILLING CODE 6750–01–P SUSQUEHANNA RIVER BASIN COMMISSION 18 CFR Part 806 Review and Approval of Projects Susquehanna River Basin Commission. ACTION: Notice of proposed rulemaking and public hearing. AGENCY: This document contains proposed rules that would amend the project review regulations of the Susquehanna River Basin Commission (Commission) to: Include definitions for new terms that are used in the proposed rulemaking; provide for administrative approval of interbasin transfers of flowback and production fluids between drilling pad sites that are isolated from the waters of the basin; provide for administrative approval of out-of-basin transfers of flowback or produced fluids from a Commission approved hydrocarbon development project to an out-of-basin treatment or disposal facility; insert language authorizing ‘‘renewal’’ of expiring approvals, including Approvals by Rule (ABRs); delete specific references to geologic formations that may be the subject of natural gas development using hydrofracture stimulation and replace with a generic category— ‘‘unconventional natural gas development;’’ broaden the scope of ABRs issued to include hydrocarbon development of any kind utilizing the waters of the basin, not just unconventional natural gas well development; memorialize the current practice of requiring post-hydrofracture reporting; standardize at 15 years the term of ABR approvals for both gas and non-gas projects; and provide further procedures for the approval of water sources utilized at projects subject to the ABR process. DATES: Comments on these proposed rules may be submitted to the Commission on or before August 23, 2011. The Commission has scheduled two public hearings on the proposed rules, to be held August 2, 2011, in Harrisburg, Pennsylvania, and August 4, srobinson on DSK4SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:42 Jul 12, 2011 Jkt 223001 Year to review 2011, in Binghamton, New York. The locations of the public hearings are listed in the addresses section of this notice. ADDRESSES: Comments may be mailed to: Mr. Richard A. Cairo, Susquehanna River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102–2391, or by e-mail to rcairo@srbc.net. The public hearings will be held on Tuesday, August 2, 2011, at 10 a.m., at the Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101, and on Thursday, August 4, 2011 at 7 p.m., at the Holiday Inn Binghamton Downtown, 2–8 Hawley Street, Binghamton, New York 13901. Those wishing to testify are asked to notify the Commission in advance, if possible, at the regular or electronic addresses given below. FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: 717–238–0423, ext. 306; fax: 717–238–2436; e-mail: rcairo@srbc.net. Also, for further information on the proposed rulemaking, visit the Commission’s Web site at http:// www.srbc.net. SUPPLEMENTARY INFORMATION: Background and Purpose of Amendments The basic purpose of the regulatory amendments set forth in this proposed rulemaking is to make further modifications to the Commission’s project review regulations, most of which relate to the approval of hydrocarbon development projects. New terms are used in these amendments that require further definition in 18 CFR 806.3. These include definitions for the terms flowback, formation fluids, hydrocarbon development, hydrocarbon water storage facility, production fluids, tophole water, and unconventional natural gas development. In order to encourage the reuse of least quality water instead of fresh water for hydraulic fracturing by unconventional natural gas development, the Commission proposes to add paragraph (a)(3)(iv) to § 806.4, which would provide for administrative approval of diversions involving flowback or production fluids from hydrocarbon development projects being transferred across the basin PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 2020. 2020. boundary from one drilling pad site to another drilling pad site, provided this water is handled in a manner that isolates it from the waters of the basin. Such diversions would be approved administratively under the provisions of § 806.22(f), rather than § 806.4. This change would incorporate into the regulation a policy adopted by the Commission on March 10, 2011. To encourage reuse, treatment and proper disposal, paragraph (a)(3)(v) of § 806.4 would also be added, which would provide for diversions involving flowback or production fluids transferred to an out-of-basin treatment or disposal facility operating under separate governmental approval to be subject to administrative approval under the provisions of § 806.22(f), rather than being subject to docket approval under § 806.4. Currently, § 806.4(a)(8) states that natural gas well development projects targeting the Marcellus and Utica shale formation, or any other shale formations identified in an Executive Director determination, involving a withdrawal, diversion or consumptive use of water in any quantity, must be approved by the Commission. Rather than attempting to name every possible geologic formation that may be the subject of development using hydrofracture stimulation (beyond Marcellus and Utica and the additional formations referenced in the Executive Director’s recent Notice of Determination issued on April 21, 2011), the specific formation references would be deleted and replaced with a generic category— ‘‘unconventional natural gas development,’’ which relates to the extraction of gaseous hydrocarbons from low permeability geologic formations utilizing enhanced drilling, stimulation and recovery techniques. The ‘‘gallon one’’ regulatory threshold currently applicable under the regulations to gas well development in the specifically named formations would instead be extended to this broader category. Language is inserted into §§ 806.13 and 14 authorizing ‘‘renewal’’ of expiring approvals, including Approvals by Rule (ABRs). Currently, the regulations have no specific reference to a ‘‘renewal’’ process for expiring approvals. Renewals are also provided for in additions to § 806.22(e)(6) and (f)(9). E:\FR\FM\13JYP1.SGM 13JYP1

Agencies

[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Proposed Rules]
[Pages 41150-41154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17513]


-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Chapter I


Notice Announcing Ten-Year Regulatory Review Schedule and Request 
for Public Comment on the Federal Trade Commission's Regulatory Review 
Program

AGENCY: Federal Trade Commission.

ACTION: Notice of intent to request public comments, and request for 
information and comment.

-----------------------------------------------------------------------

SUMMARY: As part of its ongoing systematic review of all Federal Trade 
Commission rules and guides, the Commission announces a revised 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 the notice of intent to publish requests for comments. 
The Commission further invites written comments regarding the 
Commission's longstanding regulatory review program and how to improve 
the process.

DATES: Written comments must be submitted on or before September 6, 
2011.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Regulatory Review 
Schedule'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/regulatoryreviewschedule, by following 
the instructions on the web-based form. If you prefer to file your 
comment on paper, mail or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-113 
(Annex N), 600 Pennsylvania Avenue, NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326-2984, Attorney, 
Division of Enforcement, Bureau of Consumer Protection, Federal Trade 
Commission, Room M-8102B, 600 Pennsylvania Ave., NW., Washington, DC 
20580, regarding the regulatory review schedule. Further details about 
particular rules or guides may be obtained from the contact person 
listed below for the rule or guide.

SUPPLEMENTARY INFORMATION: In a rapidly changing marketplace, agency 
regulations can become outdated, ineffectual, and unduly burdensome. 
Therefore, it is important to systematically review regulations to 
ensure that they continue to achieve their intended goals without 
unduly burdening commerce. Since 1992, the FTC's regulatory review 
program has done just that. The Commission schedules its regulations 
and guides for review on a ten-year cycle; i.e., all rules and guides 
are scheduled to be reviewed ten years after implementation and ten 
years after completion of a regulatory review. The Commission publishes 
this schedule annually, with adjustments in

[[Page 41151]]

response to public input, changes in the marketplace, and resource 
demands.
    The FTC recently has accelerated review of three rules and a guide 
to account for changes in the marketplace and to reduce burdens on 
industry. Specifically, because of recent increases in the use of 
environmental marketing claims, in 2009 the Commission accelerated its 
review of its Guides for the Use of Environmental Marketing Claims, 
also known as the Green Guides, 16 CFR Part 260. In 2010, the 
Commission accelerated its reviews of the Children's Online Privacy 
Protection Rule, 16 CFR Part 312, to address rapid changes in 
technology and children's use of online media, and the Labeling 
Requirements for Alternative Fuels and Alternative Fueled Vehicles, 16 
CFR Part 309, to address potentially unnecessary or duplicative 
labeling requirements and harmonize FTC rules with the rules of a 
sister agency. And most recently, the Commission announced a new 
Premerger Notification and Report Form, which was the result of an 
acceleration in 2010 of the review of the Hart-Scott-Rodino Antitrust 
Improvements Act (``HSR'') Transmittal Rule, 16 CFR Part 803, to more 
rapidly alleviate any unnecessary burden on filers during these 
difficult economic times.
    The Commission is now announcing acceleration of reviews of 
additional rules. First, the Commission is accelerating its review of 
portions of the HSR Coverage Rule, 16 CFR Part 801, from 2013 to 2011. 
Second, the Commission is accelerating review of the Appliance Labeling 
Rule, 16 CFR Part 305, from 2018 to 2012, to address rapid changes in 
appliance technology and the increasing cost of energy.
    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. 
Using this process, the Commission has repealed 37 rules and guides, 
and updated dozens of others over the past two decades.
    For the first time, this year the Commission is seeking input on 
ways to improve its regulatory review program and the procedure used 
for reviewing the agency's rules and guides. Through comments 
suggesting improvements to its systematic regulatory review, the 
Commission seeks to ensure it is implementing a review process that 
accurately measures the effectiveness, efficiency, and consequences of 
its rules and guides in the face of changing marketplace conditions, 
evolving consumer behavior, and technological developments. To solicit 
such comments, this notice sets forth specific questions, and also 
invites all relevant information and suggestions. The Commission will 
analyze these comments and consider whether changes to its regulatory 
review process are warranted.

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

    The Commission currently has ongoing reviews relating to thirteen 
of its rules and guides.\1\ For example, currently, the Commission is 
considering amendments to the Labeling Requirements for Alternative 
Fuels and Alternative Fueled Vehicles, 16 CFR Part 309, that would 
harmonize FTC rules with Environmental Protection Agency rules and 
eliminate the need for businesses to apply two redundant labels from 
different agencies to covered vehicles.
---------------------------------------------------------------------------

    \1\ Guides for Private Vocational and Distance Education 
Schools, 16 CFR Part 254; Guide Concerning Fuel Economy Advertising 
for New Automobiles, 16 CFR Part 259; Guides for the Use of 
Environmental Marketing Claims, 16 CFR Part 260; Automotive Fuel 
Ratings, Certification and Posting Rule, 16 CFR Part 306; Trade 
Regulation Rule Pursuant to the Telephone Disclosure and Dispute 
Resolution Act of 1992 [Pay Per Call Rule], 16 CFR Part 308; 
Labeling Requirements for Alternative Fuels and Alternative Fueled 
Vehicles Rule, 16 CFR Part 309; Children's Online Privacy Protection 
Rule, 16 CFR Part 312; Care Labeling of Textile Wearing Apparel and 
Certain Piece Goods as Amended Rule, 16 CFR. Part 423; Use of 
Prenotification Negative Option Plans Rule, 16 CFR Part 425; Rule 
Concerning the Cooling-Off Period for Sales Made at Homes or at 
Certain Other Locations, 16 CFR Part 429; Mail or Telephone Order 
Merchandise Rule, 16 CFR Part 435; Disclosure Requirements and 
Prohibitions Concerning Business Opportunities Rule, 16 CFR Part 
437; and Used Motor Vehicle Trade Regulation Rule, 16 CFR Part 455.
---------------------------------------------------------------------------

    For 2011, the Commission intends to initiate a review of, and 
solicit public comments on, the following ten additional rules and 
guides.
    (1) Guides for the Advertising of Warranties and Guaranties, 16 CFR 
part 239. Agency Contact: Svetlana S. Gans, (202) 326-3708, Federal 
Trade Commission, Bureau of Consumer Protection, Division of Marketing 
Practices, 600 Pennsylvania Ave., NW., Washington, DC 20580.
    (2) Rules and Regulations under the Wool Products Labeling Act of 
1939, 16 CFR Part 300. Agency Contact: Robert M. Frisby, (202) 326-
2098, Federal Trade Commission, Bureau of Consumer Protection, Division 
of Enforcement, 600 Pennsylvania Ave., NW., Washington, DC 20580.
    (3) Rules and Regulations under the Fur Products Labeling Act, 16 
CFR Part 301. Agency Contact: Matthew J. Wilshire, (202) 326-2976, 
Federal Trade Commission, Bureau of Consumer Protection, Division of 
Enforcement, 600 Pennsylvania Ave., NW., Washington, DC 20580.
    (4) Rules and Regulations under the Textile Fiber Products 
Identification Act, 16 CFR Part 303. Agency Contact: Robert M. Frisby.
    (5) Retail Food Store Advertising and Marketing Practices Rule 
[Unavailability Rule], 16 CFR Part 424. Agency Contact: Jock Chung, 
(202) 326-2984, Federal Trade Commission, Bureau of Consumer 
Protection, Division of Enforcement, 600 Pennsylvania Ave., NW., 
Washington, DC 20580.
    (6) Interpretations of Magnuson-Moss Warranty Act, 16 CFR Part 700. 
Agency Contact: Svetlana S. Gans.
    (7) Disclosure of Written Consumer Product Warranty Terms and 
Conditions, 16 CFR Part 701. Agency Contact: Svetlana S. Gans.
    (8) Pre-Sale Availability of Written Warranty Terms, 16 CFR Part 
702. Agency Contact: Svetlana S. Gans.
    (9) Informal Dispute Settlement Procedures, 16 CFR Part 703. Agency 
Contact: Svetlana S. Gans.
    (10) [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules, 
16 CFR Part 801. Agency Contact: Robert Jones, (202) 326-2740, Federal 
Trade Commission, Bureau of Competition, 600 Pennsylvania Ave., NW., 
Washington, DC 20580.
    Due to resource constraints, the Commission is postponing review of 
the following matters previously scheduled for 2011 review: 
Administrative Interpretations, General Policy Statements, and 
Enforcement Policy Statements, 16 CFR part 14; the Guides for the 
Jewelry, Precious Metals, and Pewter Industries, 16 CFR part 23; the 
Preservation of Consumers' Claims and Defenses Rule [Holder in Due 
Course Rule], 16 CFR Part 433; and the Credit Practices Rule, 16 CFR 
part 444.
    The Commission is removing the following nine matters from its 
regulatory review schedule because authority to modify or repeal them 
will be transferred to the Consumer Financial Protection Bureau (CFPB) 
in 2011: Disclosure Requirements for Depository Institutions Lacking 
Federal Deposit Insurance, 16 CFR Part 320; Mortgage Assistance Relief 
Services Rule, 16 CFR part 322; Statements of General Policy or 
Interpretations [of the Fair Credit Reporting Act Rules], 16 CFR Part 
600; [Identity Theft] Definitions, 16 CFR Part 603; Free Annual File 
Disclosures Rule, 16 CFR Part 610;

[[Page 41152]]

Prohibition Against Circumventing Treatment as a Nationwide Consumer 
Reporting Agency, 16 CFR Part 611; Duration of Active Duty Alerts, 16 
CFR Part 613; Appropriate Proof of Identity, 16 CFR Part 614; and 
Procedures for State Application for Exemption From the Provisions of 
the [Federal Debt Collection Practices] Act, 16 CFR Part 901.\2\
---------------------------------------------------------------------------

    \2\ These nine matters transfer to CFPB pursuant to the Dodd-
Frank Wall Street Reform and Consumer Protection Act, Public Law 
111-203, Sec. 1061(b)(5), 124 Stat. 2004 (July 21, 2010). To the 
extent they apply to motor vehicle dealers, the Commission will 
retain rulemaking authority for seven other rules that are being 
transferred to the CFPB pursuant to sections 1029(a) and (c) of the 
Act: Privacy of Consumer Financial Information Privacy Rule, 16 CFR 
Part 313; Duties of Creditors Regarding Risk-Based Pricing, 16 CFR 
Part 640; Duties of Users of Consumer Reports Regarding Address 
Discrepancies, 16 CFR Part 641; Prescreen Opt-Out Notice, 16 CFR 
Part 642; Duties of Furnishers of Information to Consumer Reporting 
Agencies, 16 CFR Part 660; Affiliate Marketing, 16 CFR Part 680; 
Model Forms and Disclosures, 16 CFR Part 698.
---------------------------------------------------------------------------

    Finally, the Commission is removing Smokeless Tobacco Regulations, 
16 CFR Part 307, from its review schedule because the Commission 
rescinded these regulations in 2010. 75 FR 59609 (September 28, 2010).
    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.

Request for Comment

Questions

    We invite comment to help the Commission continue to improve its 
regulatory review process. All relevant comments will be considered, 
but we are particularly interested in obtaining your views on the 
following questions. When responding, please include any available 
evidence that supports your response.
    (1) Should the Commission continue to review its rules and guides 
every ten years? If not, what interval makes sense? Why?
    (2) Should different rules and guides be reviewed at different 
intervals? If so, which should be accelerated and which decelerated and 
on what basis?
    (3) In what other ways can the Commission modify its regulatory 
review program to make it more responsive to the needs of consumers and 
businesses?
    (4) What can the Commission do to streamline its regulatory review 
process?
    (5) Are there any federal, state, or foreign agencies with 
regulatory review programs that the Commission should study to improve 
its own program? If so which agencies, and what do they do that is 
superior to the Commission's program?
    (6) How should the Commission identify those rules and guides that 
can and should be modified, streamlined, expanded, or repealed? What 
factors should the Commission consider in selecting and prioritizing 
rules and guides for review? Why?
    (7) Does the Commission have rules or guides that duplicate or 
conflict with other agencies' requirements? Does the Commission 
currently collect information that it does not need or use effectively 
to achieve regulatory objectives? If so, what information is not 
needed? Why not?
    (8) Are there rules or guides that have become unnecessary and can 
be withdrawn without impairing the Commission's regulatory programs? If 
so, which rules and guides? Why?
    (9) Are there rules or guides that have become outdated and, if so, 
how can they be modernized to better accomplish their regulatory 
objectives? If so, which rules and guides? Why are they outdated?
    (10) Are there rules or guides that are still necessary, but have 
not operated as well as expected such that a modified, stronger, or 
slightly different approach is justified? If so, which rules and 
guides? Why and how should they be changed?
    (11) Are there rules or guides that have been or will soon be 
overtaken by technological developments? If so, which rules or guides? 
Why? How can they be modified to accommodate or utilize such 
technologies?

Instructions

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before September 6, 
2011. Write ``Regulatory Review Schedule'' on your comment. Your 
comment including your name and your state will be placed on the public 
record of this proceeding, including, to the extent practicable, on the 
public Commission Website, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Website.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone's Social Security number, 
date of birth, driver's license number or other state identification 
number or foreign country equivalent, passport number, financial 
account number, or credit or debit card number. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any [t]rade secret or any commercial or financial information 
which is obtained from any person and which is privileged or 
confidential, as provided in Section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do 
not include competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\3\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
---------------------------------------------------------------------------

    \3\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR Part 4.9(c).
---------------------------------------------------------------------------

    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/regulatoryreviewschedule, by following the instruction on the web-
based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that website.
    If you file your comment on paper, write ``Regulatory Review 
Schedule'' on your comment and on the envelope, and mail or deliver it 
to the following address: Federal Trade Commission, Office of the 
Secretary, Room H-113 (Annex N), 600 Pennsylvania Avenue, NW., 
Washington, DC 20580. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice and the news release describing it. The

[[Page 41153]]

FTC Act and other laws that the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives on or before September 6, 2011. You 
can find more information, including routine uses permitted by the 
Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    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
------------------------------------------------------------------------
254..................  Guides for Private     Under Review.
                        Vocational and
                        Distance Education
                        Schools.
259..................  Guide Concerning Fuel  Under Review.
                        Economy Advertising
                        for New Automobiles.
260..................  Guides for the Use of  Under Review.
                        Environmental
                        Marketing Claims.
306..................  Automotive Fuel        Under Review.
                        Ratings,
                        Certification and
                        Posting Rule.
308..................  Trade Regulation Rule  Under Review.
                        Pursuant to the
                        Telephone Disclosure
                        and Dispute
                        Resolution Act of
                        1992 [Pay Per Call
                        Rule].
309..................  Labeling Requirements  Under Review.
                        for Alternative
                        Fuels and
                        Alternative Fueled
                        Vehicles Rule.
312..................  Children's Online      Under Review.
                        Privacy Protection
                        Rule.
423..................  Care Labeling of       Under Review.
                        Textile Wearing
                        Apparel and Certain
                        Piece Goods Rule.
425..................  Use of                 Under Review.
                        Prenotification
                        Negative Option
                        Plans Rule.
429..................  Rule Concerning the    Under Review.
                        Cooling-Off Period
                        for Sales Made at
                        Homes or at Certain
                        Other Locations.
435..................  Mail or Telephone      Under Review.
                        Order Merchandise
                        Rule.
437..................  Disclosure             Under Review.
                        Requirements and
                        Prohibitions
                        Concerning Business
                        Opportunities Rule.
455..................  Used Motor Vehicle     Under Review.
                        Trade Regulation
                        Rule.
239..................  Guides for the         2011.
                        Advertising of
                        Warranties and
                        Guarantees.
300..................  Rules and Regulations  2011.
                        under the Wool
                        Products Labeling
                        Act of 1939.
301..................  Rules and Regulations  2011.
                        under Fur Products
                        Labeling Act.
303..................  Rules and Regulations  2011.
                        under the Textile
                        Fiber Products
                        Identification Act.
424..................  Retail Food Store      2011.
                        Advertising and
                        Marketing Practices
                        Rule [Unavailability
                        Rule].
700..................  Interpretations of     2011.
                        Magnuson-Moss
                        Warranty Act.
701..................  Disclosure of Written  2011.
                        Consumer Product
                        Warranty Terms and
                        Conditions.
702..................  Pre-Sale Availability  2011.
                        of Written Warranty
                        Terms.
703..................  Informal Dispute       2011.
                        Settlement
                        Procedures.
801..................   [Hart-Scott-Rodino    2011.
                        Antitrust
                        Improvements Act]
                        Coverage Rules.
20...................  Guides for the         2012.
                        Rebuilt,
                        Reconditioned and
                        Other Used
                        Automobile Parts
                        Industry.
23...................  Guides for the         2012.
                        Jewelry, Precious
                        Metals, and Pewter
                        Industries.
233..................  Guides Against         2012.
                        Deceptive Pricing.
238..................  Guides Against Bait    2012.
                        Advertising.
251..................  Guide Concerning Use   2012.
                        of the Word ``Free''
                        and Similar
                        Representations.
240..................  Guides for             2012.
                        Advertising
                        Allowances and Other
                        Merchandising
                        Payments and
                        Services.
305..................  Appliance Labeling     2012.
                        Rule.
433..................  Preservation of        2012.
                        Consumers' Claims
                        and Defenses Rule
                        [Holder in Due
                        Course Rule].
310..................  Telemarketing Sales    2013.
                        Rule.
500..................  Regulations under      2013.
                        Section 4 of the
                        Fair Packaging and
                        Labeling Act.
501..................  Exemptions from        2013.
                        Requirements and
                        Prohibitions under
                        Part 500 [of the
                        Fair Packaging and
                        Labeling Act].
502..................  Regulations under      2013.
                        Section 5(c) of the
                        Fair Packaging and
                        Labeling Act.
503..................  Statements of General  2013.
                        Policy or
                        Interpretation
                        [under the Fair
                        Packaging and
                        Labeling Act].
802..................   [Hart-Scott-Rodino    2013.
                        Antitrust
                        Improvements Act]
                        Exemption Rules.
304..................  Rules and Regulations  2014.
                        under the Hobby
                        Protection Act.
314..................  Standards for          2014.
                        Safeguarding
                        Customer Information.
315..................  Contact Lens Rule....  2015.
316..................  CAN-SPAM Rule........  2015.
456..................  Ophthalmic Practice    2015.
                        Rules (Eyeglass
                        Rule).
460..................  Labeling and           2016.
                        Advertising of Home
                        Insulation.
682..................  Disposal of Consumer   2016.
                        Report Information
                        and Records.
410..................  Deceptive Advertising  2017.
                        as to Sizes of
                        Viewable Pictures
                        Shown by Television
                        Receiving Sets.
18...................  Guides for the         2018.
                        Nursery Industry.
311..................  Test Procedures and    2018.
                        Labeling Standards
                        for Recycled Oil.
436..................  Disclosure             2018.
                        Requirements and
                        Prohibitions
                        Concerning
                        Franchising.
681..................  Identity Theft [Red    2018.
                        Flag] Rules.
24...................  Guides for Select      2019.
                        Leather and
                        Imitation Leather
                        Products.
453..................  Funeral Industry       2019.
                        Practices Rule.
14...................  Administrative         2020.
                        Interpretations,
                        General Policy
                        Statements, and
                        Enforcement Policy
                        Statements.
255..................  Guides Concerning Use  2020.
                        of Endorsements and
                        Testimonials in
                        Advertising.
313..................  Privacy of Consumer    2020.
                        Financial
                        Information Rule.
317..................  Prohibition of Energy  2020.
                        Market Manipulation
                        Rule.
318..................  Health Breach          2020.
                        Notification Rule.
432..................  Power Output Claims    2020.
                        for Amplifiers
                        Utilized in Home
                        Entertainment
                        Products Rule.
444..................  Credit Practices Rule  2020.
640..................  Duties of Creditors    2020.
                        Regarding
                        Risk[dash]Based
                        Pricing.
641..................  Duties of Users of     2020.
                        Consumer Reports
                        Regarding Address
                        Discrepancies.
642..................  Prescreen Opt-Out      2020.
                        Notice.
660..................  Duties of Furnishers   2020.
                        of Information to
                        Consumer Reporting
                        Agencies.
680..................  Affiliate Marketing..  2020.

[[Page 41154]]

 
698..................  Model Forms and        2020.
                        Disclosures.
803..................   [Hart-Scott-Rodino    2020.
                        Antitrust
                        Improvements Act]
                        Transmittal Rules.
------------------------------------------------------------------------

[FR Doc. 2011-17513 Filed 7-12-11; 8:45 am]
BILLING CODE 6750-01-P